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CIVIL LIBERTIES DOCKET
Vol. XI, No. 1
November, 1965
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OSMOND K. FRAENKEL, Chairman of DOCKET Board
ANN FAGAN GINGER, Editor

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

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

Article: Nathaniel L. Nathanson, Constitutional problems involved in adherence by the US to a convention for protection of human rights and fundamental freedoms, 50 Cornell 235-53.

MATERIAL ON U.S. SUPREME COURT:

Articles: Louis J Loeb, Judicial blocs and judicial values in civil liberties cases decided by Supreme Court and US Ct of App for Dist of Col Cir, 14 Am Univ 146-7.

J.A.C. Grant, Felix Frankfurter: A dissenting opinion, 12 UCLA 1013-42.

John M. Harlan, The Bill of Rights and the Constitution: excerpt from address, 64 Columbia 1175-7.

Tom C. Clark, Constitutional rights—Constitutional responsibility, concomitants, 37 Colorado 1-10.

Address: Earl Warren: Dedication of John Sherman Myers Building. 14 Am Univ 117-23.

GENERAL CONSTITUTIONAL MATERIAL:

Articles: Robert B. McKay, Constitutional law: ideas in the public forum, 53 Calif 67-88.

Charles L. Black, Jr., The problem of compatibility of civil disobedience with American institutions of government, 43 Texas 492-506.

George Anastaplo, The Declaration of Independence, 99 St. Louis 390-415.

Erwin C. Surrency, The lawyer and the revolution, 8 Am Jour of Legal History 125-35.

GENERAL ADMINISTRATIVE MATERIAL:

Articles: David L. Shapiro, The choice of rulemaking or adjudication in development of administrative policy, 78 Harvard 921-72.

Raoul Berger, Administrative arbitrariness and judicial review, 65 Columbia 55-95.

Philip Elman, A note on administrative adjudication, 74 Yale 652-56.

FREEDOM OF SPEECH, PRESS, ASSEMBLY (0-99) See also Association (200-299)
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.

Article: Morris D. Forkosch, Freedom of the press: Corswell's case, 33 Fordham 415-48.

Case note: Legislative freedom of speech: Constitutional privilege available to Congressman charged with bribery: US v Johnson (337 F2d 180, 4th Cir 1964) 50 Iowa 893-901.

Book: Franklin S Haiman, Freedom of speech: Issues and cases. Random House. 223 pp. $1.95.

Speeches: Radical dissent: What are the effective limits? Aronson, Bingham, Brown, Cole, Dellinger, Haber, Katz, Koch, Krassner, Krebs, Lamont, McRae, Melish, Muste, Rein, Smith, Stetler, Watts. Rights, Oct-Nov 1965. 48 pp. 25c ECLC, 421 7th Ave, NYC.

10. Licensing
11. Of Meetings (see also 201)

11.18. California v R Davis (San Francisco Muni Ct) Summer 1965: SF Park and Recreation Commn issued permit to Mine Troup to perform its commedia dell'arte, Il Candelaio, in city parks. After several performances, complaints; Commn held h'g, revoked permit. Aug 7: as play opened in park, Def-director arrested: performing in park without permit (SF Park Code §116). Def demurred: sec sets no standards re issuance or denial of permit, so unconstitutional on its face; denied. Oct 30: after 4-day jury trial, convicted.

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

12. Of Motion Pictures (see also 52)

12.13. Freedman v Mason and Maryland State Bd of Motion Picture Censors (Md DC, #16415) Facts: X DOCKET 133.*

See Freedman, 52.76a.

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

15.11. California v Forbes (Glendale Muni Ct) 1965: Def Nazi party leader arrested: having hqtrs in residence, violating ordinance requiring city permit to have even one visitor in home to deliberate or for amusement. Muni Ct denied motion to dismiss. Def filed petition for habeas, denied. Def convicted in jury trial. ACLU amicus brief alleges ordinance overbroad, lends itself to discriminatory enforcement. Appeal pending.

Amicus appearance by: S Calif ACLU, 323 W Fifth St, Los Angeles.

16. Of Parades

16.1. Hurwitt, Hirsch, Rubin v Oakland (ND Cal, S Div) Oct 5, 1965: Pls (Vietnam Day Comm) applied for permit to march through Oakland to protest US intervention in Vietnam. Oct 14: Oakland denied permit. Oct 15-16: 2 peaceful marches turned back at Oakland border by barricade of police. Oct 27: Pls applied for permit to march through Oakland Nov 20; officials indicated they would not allow Pls to march. Oct 31: Pls sued to enjoin Oakland from preventing march. Nov 12: DC granted injunction.

Peter Franck, Esq, 2890 Telegraph Ave, Berkeley.

Amicus appearance of Natl Lawyers Guild by Benjamin Smith, Esq, New Orleans.

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16.2. Baldwin v Nosser (SD Miss) Facts: see Natchez v NAACP, 63.42a. Oct 5, 1965: Pls sued for 3-judge fedl ct, attacking constitutionality of local parade ordinances, and to enjoin mass arrests and prosecutions. Oct 27: continued by stipulation pending decision by CA 5 in Guyot, 51.Miss.4, X DOCKET 135.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson; Richard E Tuttle, Esq, Lawyers' Comm for Civil Rights under Law, 233 N Farish St, Jackson.

See also Natchez v Easton, 16.2a, and Easton v Nosser, 63.42.

16.2a. Natchez v Easton (Miss) (Co Ct) Oct 1-5, 1965: About 500 demonstrators arrested: parading without a permit, blocking sidewalk. Continued indefinitely, pending disposition of cases attacking ordinances: Easton, 63.42, Baldwin, 16.2.

And see Barnwell Co, 55.SC.4; Opelika, 73.Ala.7; Saucier, 73.Ga.5; Alexander, 73.Miss.10; Sumrall, 73.Miss.11; Bass, 73.Miss.14; Williams, 63.28c; Wilson, 63.40; Days, 51.Ala.6, 55.Ala.9.

20. Administrative Restrictions
21. By U. S. Customs
22. By U. S. Postmaster
UN DECLARATION OF HUMAN RIGHTS: Art 19
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.


24.27. Schwartz v Bd of Trs (Ohio State Univ) (formerly Wilkinson v) (CA 6, #16, 224) Facts: X DOCKET 3. Appeal to CA dismissed as moot.
24.37. California v Savio (Univ of Calif-Berkeley) (Berkeley-Albany Muni Ct, ##C7468-7547) Facts: X DOCKET 88, 133.

See appeal bail problems, 401.23a-.23b.

Comment: Mass demonstration and criminal conspiracies, 18 Hastings 465-70.

24.43. Dickerson v Alabama State Bd of Educ (MD Ala, N Div, #2203-N) (10 RRLR 1003) Mar-Apr, 1965: Students at Negro college protested academic procedures, inadequate curriculum, lack of teacher tenure, suppression of students' free speech by picketing. Apr 21:9 suspended for insubordination, conduct unbecoming students and future teachers. Apr 28: Students sued for temporary restraining order for readmission. Apr 29: Def sued for temporary restraining order against further student misconduct. Apr 30: Parties agreed Pls to be readmitted promptly on certain not unreasonable conditions; DC denied both requests for restraining orders. Aug 11: Cause dismissed, costs to Pl.

Charles S Conley, Esq, P O Box 4038, Montgomery.

And see Johnson, 24.43a.

24.43a. Johnson, McCants v Montgomery (Alabama State College) (MD Ala, N Div, Cr ##11,740-11,741-N) (245 FSupp 25, 10 RRLR 1260) Apr 20-21, 1965: Demonstrations on campus, sit-in at College president's office protesting lack of academic freedom, inadequate bldgs. 1 am: 16 Negroes and whites arrested: trespass. Apr 24-25: CORE worker, 2 suspended students sought to enter campus, arrested: trespass. Defs removed to fedl DC. Aug 3: DC held: Defs conduct illegal so no basis for removal under 28 USC §1443(1) or Edwards, 552.SC.3b, 370 US 229, Hamm, 552.SC.4d, 379 US 306, Rachel, 58.21, 342 F2d 336, Peacock, 55.Miss.5a or Cox, 51.25; no basis under §1443(2) because Defs not arrested for any acts done in official capacity; remanded. Sept 27: Rec Ct convicted 7: $50 and costs; $1,600 bond forfeited for nonappearance of 6 at trial. Appeal pending.

Charles S Conley, Esq, P O Box 4038, Montgomery.

See Dickerson, 24.43; Forman, 55.Ala.8.

24.44. Wolfson v Wayne State Univ (Wayne Co Cir Ct, #594-211) 1953: Pl-research MD came to Def Univ, became full-time Research Assoc, Director of Unit of Metabolic Research, and faculty member. Def sought Pl's draft deferment and research grants for Pl. 1954: Pl drafted. 1956: Pl returned, Univ refused reinstatement in positions or affirmation of his former positions, alleging they were not formally approved. 1960: Pl sued for breach of contract, defamation, fraud. 1965: 8 wk trial, 199 exhibits. Oct 25: Ct found for Pl; $175,000 damages.

Ernest Goodman, Esq, 3220 Cadillac Tower, Detroit.

24.45. California v Peters (San Francisco Muni Ct, ##K 31207-31214) May 14, 1965: Def SF State student spoke at SF City College at request of City College students but without requisite permission of City College admr. Def speaker and 2 Def State students arrested: refusal to disperse (Pen C §416), willful interference with classroom conduct (Educ C §13558.5). Defs moved to dismiss: statutes unconstitutionally overbroad on face and as applied, College rules unconstitutional prior restraint. Pending.

Ephraim Margolin, Esq, 683 McAllister; Marshall Krause, Esq, 503 Market St, both San Francisco, for ACLU.

24.46. Schiff v Michigan State University (WD Mich) Pl, editor of off-campus liberal magazine, urged students to violate Univ regulations on distribution of literature he considered unconstitutional. Pl applied for admission to graduate school. Je 3, 1965: accepted. Je 18: Univ notified Pl application denied, no written explanation: Univ officials told him basis was that he was "disruptive" influence. Faculty committee on student affairs denied Pl's request for h'g, affirmed Univ action. Oct. 14: DC held en banc Def acted unlawfully in expelling Pl without h'g.

ACLU of Michigan, Lansing Branch.

And see Schiffman, 51.Miss.6; Lamb, 252.59.

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25. On Miscellaneous Activities
30. Economic Restrictions (see also 251, 261, 268, 281, 571)

30.15. Weaver v Jordan (Calif Sup Ct, #155760) Facts: X DOCKET 134. Appeal pending.
30.16. NAACP v Overstreet (Savannah) (Ga Sup Ct) (142 SE2d 816, 10 RRLR 825) Pl-retail storekeeper allegedly beat 14-yr-old Negro employee for stealing from him. ⅔ of Pl's customers were Negroes. May 31, 1962: NAACP held meeting, instituted "selective buying" campaign, with picketing. Spring 1963: Pl alleged loss of $3,970.45 from boycott, sued natl, state, branch NAACP, 2 officers. Trial ct jury held for Pl: $35,793 compensatory damages, $50,000 punitive damages, permanent injunction. Apr 20, 1965: Ga Sup Ct affirmed: picketing for unlawful object—private punishment of Pl, unlawful under Ga C Ann 54-801, 805; reversed as to state NAACP conference.
30.17. Smith v SNCC, The Albany Movement (MD Ga, Albany Div) Facts: US v Anderson, 55.Ga.34; US v Rabinowitz, 55.Ga.35. 1965: Pl-white owner of store in Negro section sued for damages suffered in 1963. Aug 5, 1965: Defs filed petition for removal, alleging purpose of suit to harass, intimidate and obstruct Defs in exercise of their free speech rights. Defs' answers also allege Pl's own malice, hate, ineptness, want of business acumen and negligence were sole and proximate cause of his injuries. Pending.

C B King, Dennis Roberts, Esqs, Box 1024, Albany; Howard Moore, Jr, 859½ Hunter St, NW, Atlanta, all of Georgia.

And see Sims v SNCC, 73.Ga.6.

40. Contempt (see also 63, 330s)
41. Of Federal Courts

41.3a. US v Barnett (CA 5, #20240) (10 RRLR 531) Facts: X DOCKET 89, 134.
41.5. Maddox v Willis (formerly Pls and US v Maddox) (USSC, #308) Facts: X DOCKET 89. Oct 11, 1965: USSC granted motion to dismiss for want of jurisdiction.
41.7. Cox v Hauberg (USSC) (342 F2d 167; cd 381 US 935) Facts: X DOCKET 134.
42. Of State Courts

42.18. New Mexico v Morris, Harrison (NM Sup Ct, #7684) Facts: X DOCKET 4, 89. Sup Ct reversed, held Def's columns did not present a clear and present danger to state judicial system.
42.20. Maryland v Murray (Baltimore Crim Ct; Texas Gov Connally) Facts: X DOCKET 89. 1965: Defs moved from Hawaii to Mexico. Sept: Defs extradited from Mexico to Texas. Sept 1965: Def-son served 1 mo of 6 mo contempt sentence. Oct 19: App Ct reversed: denial of due process; son released. Oct 12: Texas granted Maryland's petition to extradite Def-mother on 7 charges of assaulting police; Def appealed to Texas Gov. Oct 26: Baltimore Ct dismissed all charges, under Schowgurow ruling, 112.29, that belief in God not prerequisite for jury duty. Nov 22: Texas h'g on extradition warrant.
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.Ala.5. Alabama v Boone (Marengo County) (SD Ala) Arrests made following demonstrations; action removed to federal court. June 4, 1965: motion to remand heard. Sept 16: motion to dismiss filed.

Oscar Adams, Demetrius Newton, Esqs, Birmingham, Alabama.

51.Ala.6. Alabama v Days (Greensboro) (SD Ala) July 30, 1965: Civil rights demonstrators arrested when they attempted to march without a permit. Removed to federal court. Motion to remand pending. Sept 17: Motion to dismiss filed. Pending.

Oscar Adams, Demetrius Newton, Esqs, 1630 4th Ave N, Birmingham, Alabama.

And see Days, 55.Ala.9.

51.Calif.5. California v Huss, Krause, McLaughlin, Holstein, Reeves (Los Angeles) (2d Dist Ct of App, Crim #9930) Facts: X DOCKET 6, 90 at 51.53. 1965: ACLU amicus brief alleges instruction permitted jury to convict if altercation began because persons entering auditorium were angered by picket signs in violation of Def's 1st Amdt rights.
51.Calif.9. California v Greene (Los Angeles) (Super Ct, App Dept; USSC) 1965: Def arrested: disturbing peace under statute prohibiting "tumultuous and offensive conduct," "loud and unusual noise." ACLU amicus brief argues statute unconstitutionally vague. Super Ct upheld statute. Petition for ceriorari to USSC pending.

Amicus appearance by: S Calif ACLU, 323 W Fifth St, Los Angeles.

51.Calif.10. California v Wright (San Diego Super Ct) Aug 15, 1965: After Watts (429.), police allegedly attacked and beat Def and 2 other Negroes as they walked peacefully along street, arrested them: resisting arrest, disturbing the peace, assault and battery, drunkenness. Police arrested 70 other Negroes in similar fashion.
51.Colo.1. Williams v Denver (Colo Sup Ct, #21097) Def-minister spoke on podium in park to crowd without interfering with traffic; police officer ordered crowd to disperse, which they did, and ordered Def to accompany him to station to read ordinance, which Def didn't; Def attempted to speak again; arrested: loitering (Ord No 824.3-1); Muni Ct convicted: $25. Je 7, 1965: Sup Ct reversed: no evidence; did not decide whether ordinance unconstitutional. Edward H Sherman and William F Reynard, Esqs, First Natl Bank Bldg, Denver.
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51.Ga.5. Georgia v Ricks (Ga Sup Ct, #22342) Facts: X DOCKET 91. Nov, 1965: Sup Ct affirmed denial of bill of exceptions on appeal: jury question prematurely raised. Motion for new trial denied; appeal pending.
51.Ga.6. Georgia v Craig (Crawfordville) (Taliaferro Co Ct) Oct 4, 1965: Def, KKK Grand Dragon, arrested for attacking a civil rights demonstrator: assault and battery. $100 bond. Trial pending.
51.Ga.7. Georgia v Cabe (Crawfordville) (Taliaferro Co Ct) Oct 13, 1965: Myers, KKK member acquitted of Lemuel Penn murder (1964), attacked Def, SCLC photographer, during demonstration; Def arrested: possession of fireworks. $500 bond. Trial pending.

And see Myers, 51.Ga.7a.

51.Ga.7a. Georgia v Myers and Sims (Crawfordville) (Taliaferro Co Ct) Oct 13, 1965: Def Klansmen attacked SCLC photographer during demonstration; arrested: assault, interfering with operation of school, resisting arrest. $100 bond. Trials pending.

And see 522.Ga.15.

51.Ind.1. Indiana v DeFields (Super Ct, #13437) (St Joseph Co) Spring, 1964: Def prosecuted under 1947 Indiana "antihate" act, (Burns S 10-904). Fall 1964: Ct quashed affidavit on grounds statute void for vagueness, first instance in which court in Indiana has found the "anti-hate" act unconstitutional.

Thomas L Shaffer, Esq, Notre Dame Law School, Notre Dame, Ind.

51.La.6. Brown v Louisiana (Clinton) (USSC) 1964: Negro youths arrested for using white public library: disturbing the peace. April 9: tried, convicted. Collateral attacks filed in state cts: denied. La Sup Ct affirmed. May 3, 1965: USSC granted cert. Pending.
51.Miss.4. Guyot v Pierce; Strother v Thompson (Jackson) (CA 5, Misc #236) Facts: X DOCKET 135. Aug 9, 1965: CA dismissed appeal, treated papers as mandamus, ordered DC (Cox, J) to make a return, kept injunction in effect. Aug 24: DC denied preliminary injunction. Pls appealed. Oct 22: CA denied motion to consolidate with NAACP v Thompson, 63.8a.
51.Miss.6. Hattiesburg v Nesmith (Miss) (City Ct) 1965: Racist attacked Def, white Delta Ministry volunteer; Def arrested: destroying personal property. Def pressed assault charges. Sept 13: both cases tried, both convicted; $25 fines. Assailant threatened LCDC lawyer with knife in courthouse. Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson.
51.Miss.7. Mississippi v Schiffman (Philadelphia) (Muni Ct) Sept 14: 30 Negroes lined up at cthouse to register to vote; succeeded; Def CORE observer arrested: failing to obey police order. Pending. Sept 17, 1965: 2 churches (one Choctaw Indians') used in voter registration drive bombed, destroyed. Sept 21: 6 Negroes turned away: can't register while ct in session. 1 white entered COFO hqtrs, assaulted worker; arrested: drunkenness. Sept 23: 50 Negro students wore CORE "Freedom Now" buttons to school; expelled; 44 reinstated.
51.Neb.1. Nebraska v McNair, Jones (Omaha) (Neb Sup Ct, # #35801, 35802) (135 NW2d 463, 10 RRLR 989) Defs, 2 clergymen and 47 others, allegedly paraded and sang songs in city council chamber in support of their stand for fair housing ordinance; arrested: disturbing lawful assemblage by loud behavior; convicted. May 28, 1965: Sup Ct sustained convictions, held right to petition for redress of grievances must be exercised with respect for rights of others.
51.NJ.3. New Jersey v Stubbs (Freehold Magis Ct) Jy 13, 1965: Def travelled to Ft Monmouth, picketed in support of Ovall, 122.50, sat down on Highway 35, arrested: obstruction of traffic. Def fasted pending trial, pleaded guilty. Jy 15: 30 days and $50, $5 ct costs; Def served 41 days, paid no fine.
51.NY.10. New York v Callender, Galamison (USSC) Facts: X DOCKET 6, 90, 135. Cite for cert den: 380 US 977.
51.NY.15. New York v Brunson (NYC Crim Ct, Pt 2B) May 20, 1964: Def-CORE leader and others arrested: unlawful assembly, intrusion on real property, resisting public officer. Convicted.Nathan Mitchell, Esq, 225 Broadway, NYC.
51.NY.16. New York v Ferguson (NYC Crim Ct, #C 11961) May 9, 1965: Def played mandolin in Washington Sq Park; arrested: disorderly conduct. Aug 5: Def acquitted. Aug 8: Def played mandolin in Washington Sq Park; arrested: disorderly conduct, felonious assult, resisting arrest. Sept 9: trial.
51.NY.17. New York v Mosquera (Manhattan City Ct) 1965: Def, 17, refused to move from sidewalk in front of public park when directed by police officer. All other young people moved away; arrested: disorderly conduct. Def argued constitutional rights under First and Fourteenth Amendments, and Art I, §8, NY Constitution; acquitted after trial.

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

51.NY.18. New York v Hirsch (NYC Sup Ct) Def made speech in Washington Sq Park against US policy in Vietnam, then threw literature to crowd: arrested: Park Regs Art III, §21a. Nov 24, 1965: Ct dismissed charges without opinion.

Ernest H Rosenberger, Esq, 80 William St, NYC, for NYCLU.

51.NY.19. New York v Rev Hayes (NYC Sup Ct) Def clergyman preached on street in Times Sq area, arrested: disorderly conduct. Oct 4, 1965: at trial, policeman testified Def's preaching caused crowd to collect, totally blocking sidewalk. Ct acquitted Def without opinion.

Ernst H Rosenberger, Esq, 80 William St, NYC, for NYCLU.

51.NY.20. New York v Penn (NY Ct of App) (208 NE2d 789, 10 RRLR 983) Def picketed housing construction project to protest alleged racial discrimination in building trades union; arrested: disorderly conduct. Convicted. May 20, 1965: Ct of App affirmed, rejecting Def's contentions that evidence insufficient to support conviction or statute unconstitutional restraint on free communication as applied.
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51.Pa.1. Chester v Anderson; Pennsylvania v Anderson (USSC, #443) (347 F2d 823, 10 RRLR 1271) Facts: X DOCKET 5, 90 at 51.49. May 10, 1965: CA 3 (3 judges) affirmed DC remand. Jy 13: CA 3 (4-3) denied petition for reh'g; Biggs, CJ, diss: petition states grounds for removal under 28 USC §1443(1), citing Rachel, 58.21, 342 F2d 336; Dombrowski, 245.16d, 380 US 479, which sapped strength of reasoning in Galamison, 51.NY.10, 342 F2d 255, and see Dilworth, 63.32, 343 F2d 226.
51.Tenn.5. Tennessee v 39 Defs. (Covington) (Muni Ct) Jy 19, 1965: Defs conducted sit-in at restaurant; owner served Negroes, refused to serve whites, asked them to leave. They refused; arrested: disorderly conduct. 20 juveniles in demonstration released to custody of parents pending h'g in juvenile ct. Pending.
51.Wis.1. Wisconsin v King (Milwaukee) (Crim Misdemeanor Traffic Div, #2-32076) Facts: X DOCKET 136. Ct convicted 5 Defs: $10 incl costs or 10 days.

John Broadnax, Esq, 2218 N 3d St, Milwaukee.

52. Against Obscenity (see also 12, 14, 580)
Articles: Stanley Fleishman, Obscenity: The exquisitely vague crime. 2 Law in Trans. Q 97-110.

Earl Finbar Murphy, The values of pornography. 10 Wayne 655-80.

Comments: Free speech and obscenity: A search for constitutional procedures and standards. 12 UCLA 532-60.

Obscenity laws—"community standards" test, 16 S Carolina 634-38.


52.34. New York v Mishkin (USSC, #49) Facts: X DOCKET 7, 136. Consolidated with Ginzburg, 52.56, and A Book Named ("Fanny Hill"), 52.83.
52.56. US v Ginzburg (USSC, #42) Facts: X DOCKET 7, 91, 136. Consolidated on appeal with Mishkin, 52.34, and A Book Named ("Fanny Hill"), 52.83.
52.57. Illinois v Bruce (formerly Chicago v) (Ill Sup Ct) (202 NE2d 497, 1964) Facts: X DOCKET 7, 91. Case note: 14 American Univ 226-30.
52.70. New York v Bruce, Solomon (SD NY) Facts: X DOCKET 8, 91. Def pro se failed to perfect appeal; dismissed.
52.76a. Maryland v Freedman (Md Ct of App) Facts: X DOCKET 133 at 12.13. Ct of App held portions of 1965 Censorship Act unenforceable. Pending.

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

52.78. California v Thompson (Alameda Co Super Ct, App Dept, #205) Facts: X DOCKET 92, 136. Appts argue: Defs' use of word "fuck" not obscene: used by honored Am writers —Hemingway, Faulkner, Baldwin, Miller, Jones; in common use; generally considered more cathartic than aphrodisiac; "sex and obscenity are not synonymous," Roth-Alberts, 52.3, 354 US, at 487; Defs did not disturb the peace by use of word. Pending.

George A Lydon and John D George, Esqs, 2975 Sacramento St, Berkeley.

Amicus brief for Natl Lawyers Guild, San Francisco

Chapter, by Stanley Fleishman, Esq, 1680 N Vine St, Hollywood.

52.83. A Book Named ("Fanny Hill") v Atty Genl of Massachusetts (USSC, #368) (86 S Ct 232) Mass Sup Ct held (4-3) book obscene. Nov 8, 1965: USSC noted probable jurisdiction, consolidated on appeal with Ginzburg, 52.56, Mishkin, 52.34.
53. Against Dafamation (see also 61)

53.5. Louisiana v Cox (La Sup Ct, # #47018, 47019) (167 So2d 352, reh'g denied 359) Facts: X DOCKET 8, 92. Je 8, 1964: Sup Ct held: La statute not unconstitutional, in accord with NY Times v Sullivan, 61.9, but Dist Atty defamed in another action had personal interest and should not have prosecuted Def here; reversed, new trial ordered. Oct: rehearing denied.
53.7. Chicago v Lambert (Ill App Ct, 1st Dist, 1st Div, Gen #49097) Facts: X DOCKET 8.

Falkenberg and Falkenberg, Esqs, 221 N LaSalle, Chicago

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 1470.
54.2. Louisiana v Goldfinch (New Orleans) (USSC, #100) (132 So2d 860; 373 US 931, cert granted; 376 US 201, cert dismissed) Facts: X DOCKET 9. Je 29, 1961: La Sup Ct held action of store manager in refusing service at lunch counter for whites not state action: state must exert positive act; held statute not unconstitutional merely because state legislature had unconstitutional intent in enacting it. May 27, 1963: USSC granted certiorari. Feb 24, 1964: certiorari dismissed as improvidently granted. No appeal taken from state decision.
54.7b. Georgia v Wells, Harris (MD Ga, #3006) Facts: X DOCKET 9, 92, 136. Nov 5, 1965: Petition for removal filed under 28 USC 1443 (see at 73.) Nov 15: Remand order dated Nov 8 filed at 8:30, trial began at 9:00, bond forfeited. Motion to rescind forfeiture for lack of notice granted. Remand ordered in light of Wells v Reynolds, 54.7c. Appeal to CA 5 pending.
54.7c. Wells v Reynolds (USSC, #258) Facts: X DOCKET 9, 92, 136. Oct 18, 1965: USSC affirmed, per curiam, 3-judge ct denial of relief. Douglas, Brennan, Fortas, JJ, diss.

See 54.7b.

54.10. Pennsylvania v Hassan (Philadelphia) (Super Ct, #732) (205 Pa Super Ct 338) Facts: X DOCKET 92, 136. Dec 13, 1965: Appeal heard.
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 66 75-89.

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

Comment: The sit-in: An analysis of competing interests, 10 Wayne 714-27.


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55.Ala.1. Shuttlesworth v Alabama (Birmingham) (USSC) Facts: X DOCKET 10, 93. Sentences: 180 days hard labor, plus 61 days at hard labor in default of $100 fine and costs. Nov 15, 1965: USSC (unan) reversed, Stewart, J: (1) Trial ct made no findings of fact, rendered no opinion, had no authoritative, limiting construction of loitering ordinance which could otherwise be unconstitutionally applied, so must reverse; (2) "refusal to obey police officer" ordinance applies only to vehicular traffic: since Def a pedestrian and officer's order to him not a traffic order, must reverse. Douglas, J conc; Brennan, J. conc; Fortas, J (Warren, CJ), conc.
55.Ala.4c. Shuttlesworth v City of Birmingham (Ala Ct of App, #25988) Facts: X DOCKET 12, 93. Conviction reversed.
55.Ala.4d. Fowlkes v City of Birmingham (Ala Ct of App, 6th Div, #5) Facts: X DOCKET 12, 93. Conviction reversed.
55.Ala.8. Forman v Montgomery (MD Ala, N Div, Cr # #11,727-11,735-N) (245 FSupp 17, 10 RRLR 1252) Mar 11-22, 1965: Hundreds demonstrated against denial of voting rights to Negroes by walking to state capitol and city hall, and returning; when state troopers denied access to sidewalk at capitol, marchers paraded in street til city police ordered them to leave street, then sat down, went limp; 167 Negroes and whites (SNCC workers) arrested: disorderly conduct, refusal to obey orders, loitering (city ordinances). Defs removed to DC; City moved to remand; DC held h'g. Aug 3, 1965: DC held: 28 USC § 1443(2) not applicable because acts for which Defs arrested not done in official or quasi-official capacity; 28 USC § 1443(1) not applicable because city and its officers did not deny Defs equal rights or invoke ordinances discriminatorily, Defs engaged in illegal conduct; remanded to Rec Ct, costs taxed to Pls.

And see Re Dorothy Wright, 56.17.

Charles S Conley, Esq, P O Box 4038, Montgomery; Kunstler and Kinoy, Esqs, 511 Fifth Ave, NYC.

55.Ala.9. Alabama v Rev Days (Greensboro) (Recorders Ct) Je 1965: Negroes sought parade permit to protest burning of 5 churches; granted, but only for back streets. When demonstrators began to march down front streets, barricaded, tear gassed by state troopers. After 2 nights in blockaded area, Negroes again began to march: 450 arrested in several march attempts.

And see Days, 51.Ala.6.

55.Ariz.1. Arizona v Horn, Morgan (Tucson) (Pima Co Super Ct, #92225) Sept 29, 1965: Pl alleged 6 Defs, NAACP and CORE unlawfully assembled, loitered, picketed, demonstrated at U of Ariz, sought injunction; restraining order issued. Defs filed motion to quash, answer alleging: State-supported Univ maintains 2 lists of student housing: (1) nondiscriminatory, (2) anti-Negro, in violation of 14th Amdt, 42 USC § 8200, so State does not come before Ct with necessary clean hands; peaceful picketing for lawful purpose. Oct 11: Ct issued preliminary injunction against all gathering or picketing on Univ campus. Defs' objections pending. Oct 26: Defs filed answer and counterclaim seeking orders that Univ's discriminatory housing practices unconstitutional and that Univ cease such practices. Pending.

W Edward Morgan, Esq, 45 W Pennington, Suite 407, Tucson.

And see cases at 24.

55.Calif.8. In re Petition of US (formerly US v 85 Defs) (Los Angeles) (SD Calif, Cent Div, #1208 Misc) (10 RRLR 1001) Facts: X DOCKET 94. Mar 9-10, 1965: Fedl bldg in Los Angeles picketed to protest events in Selma. Mar 11: US sought injunction against all picketing, singing, demonstrating, sitting-in in block containing fedl bldg; DC granted en banc. Mar 19: order revised to prohibit only conduct which interferes with functioning of DC.

And see Anderson, 55.Calif.8a.

55.Calif.8a. US v Anderson (SD Calif) Facts: US Petition, 55.Calif.8. Defs arrested for blocking fedl bldg in demonstrations. Issues: statutory vagueness, impossibility of fair trial by DC judges who made order in 55.Calif.8. Pending.

Amicus appearance of ACLU by Laurence Sperber, Esq, 257 S Spring St, Los Angeles.

55.Calif.9. California v 10 Ministers (Delano) (Kern Co) Oct 1965: Mexican-American strikers (Natl Farm Workers Assn) shouted "huelga" to nonstriking grape pickers; several arrested. Oct 21: 44 strike supporters, incl ministers, arrested: unlawful assembly. $35 bail. Pending.
55.Calif.10. California v Rubin, Gullahorn, Weissman (San Francisco) (Muni Ct) Aug 25, 1965: 100 picketed Genl Maxwell Taylor at Fairmont Hotel; 5 arrested: refusal to disperse on police orders. $166 bail. Pending.
55.Calif.11. California v Andrae (Oakland) (Muni Ct) Aug 24, 1965: Def threw anti-Vietnam war leaflets onto passing troop train; arrested: littering. Pending.
55.Calif.12. California v 5 Demonstrators (San Jose) Jy 20, 1965: Defs entered Food Machinery and Chemical Corp, producers of war materials, to leaflet employees about peace; arrested: trespassing. Pending.
55.Calif.13. California v Gould (Glendale Muni Ct, #M-23581) Summer 1965: CORE protesting alleged discrimination in hiring at Thriftimart; Defs counter-picketed in black face, arrested: outraging public decency (Pen C §650½). Aug 12: Ct held section unconstitutionally vague. Sept 16: Defs convicted on other charges. Appeals pending.

Robert Clark and Arthur Jones, Esqs, Ct-appointed, 2251 Colorado Blvd, Glendale.

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

55.DC.5. US v 7 Defs (formerly District of Columbia v) (Dist of Col Ct of Genl Sess) Mar 11, 1965: 7 staged sit-in inside the White House to protest re Selma, Ala; arrested. Je 22: convicted; 180 days; $300 appeal bond. Pending.
55.DC.6. District of Columbia v Freedom, Jalbert (CA DC, # #3901-3907) Aug. 9, 1965: 1000 attended Assembly of Unrepresented People to read Declaration of Peace, listen to anti-Vietnam War speakers; police warned of arrests if demonstrators crossed 1st St toward Capitol, ordered to disperse; people sat down. sang, listened; 300 arrested: unlawful assembly (22 D.C. Code § 1107), disorderly conduct (22 D.C. Code § 1121)—apparently for going limp when arrested. Most Defs pleaded, no trial: $50. 7 Defs moved for jury trial: denied because misdemeanor; 2 acquitted, 5 convicted: 15 days and $200 (or additional 30 days) per count, because of taking time of ct for trial. $1500 appeal bond/count. Appeals pending.

Stanford Robins and Richard Shlakman, Esqs, 815 Connecticut Ave NW, Washington, DC, for ACLU.

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55.Fla.2c. Young v Davis, Sheriff (St Augustine) (MD Fla, Jacksonville Div, #64-133-Civ-J) Facts: X DOCKET 13-14, 94, 137 at 55.89, .89a, .89b, .89c; 137 at 55.Fla.2aa. Nov, 1965: DC accepted jurisdiction of removed cases, dismissed 1,000 cases, ordered remaining cases tried in DC.
55.Ga.34. US v Anderson

and

55.Ga.35. Rabinowitz v US; Jackson v US (CA 5, # #21256, 21345) Facts: X DOCKET 11, 93, 137 at 55.67, 55.68. Nov 16, 1964: Appeals argued before 3-judge panels. Dec 16-17, 1965: Appeals reargued en banc, with Scott, 512.La.17; Davis, 512.La.10; Labat, 512.La.2; Billingsley, 512.Ala.7; Brooks, v Beto, on common questions: systematic inclusion/exclusion of Negroes from grand, petit juries in fedl, state cts.

And see Smith, 30.17; and WHAT'S NEW this issue.

55.Ga.39. Kunney v Holt (MD Ga, Albany Div) (Baker Co) Jy 1965: Picketers beaten severely several times in direct view of law enforcement officers, several times attempted to obtain warrants against offenders: unsuccessful. Aug: Class action filed for temporary restraining order, order to show cause and permanent injunction against local officials' interfering with Pl civil rights workers rights of picketing, assembly, petition for redress of grievances, to halt coercion of Negro citizens seeking to register to vote, to send children to white schools, and to protect marchers from beatings and other harassment. Pending.

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

55.Ga.40. Americus v 23 Demonstrators (MD Ga, Americus Div) Aug 2, 1965: Defs picketed market for fair hiring; white bystanders assaulted 2 demonstrators; demonstrators arrested: disorderly conduct, violation of city ordinance. Petition for removal filed. Motion for remand by City Attorney pending.

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

55.Ga.41. Barnum v Chambliss (Americus) (MD Ga, Americus Div, #582) Aug, 1965: Whites attacked Pl-civil rights demonstrators while police watched. Pls brought class action for temporary restraining order, preliminary and permanent injunction restraining Def police officials from denying Pls' right to march, and failing to protect Pls from harassment. Complaint alleges pattern of discriminatory law enforcement. Show cause order granted. Defs filed cross-claim against Pls to cease demonstrations in violation of city ordinances, including all future violations, moved to dismiss. Nov 15: After extensive hearings (1600 pp), DC denied Pls' motion for injunction, found Pls' witnesses not telling the truth. Appeal pending.

C B King and Dennis Roberts, Esqs, Box 1024, Albany, Ga. See also Southwell, 501.Ga.5, .Ga.5a.

55.Ga.42. Americus v Lewis (MD Ga, Americus Div) Aug, 1965: Def civil rights workers in pray-in in front of 2 white churches, arrested: disturbing worship. Methodist Church dropped charges. Petition for removal filed. Pending.

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

55.Ga.43. Americus v 5 Sound Truck Riders (MD Ga, Albany Div) Def members (Sumter Co Movement) planned protest of general conditions of Negroes in Americus, brutal beating of photographer, demonstrators, announced mass meeting from car with sound equipment, arrested: "riding in a sound truck with the sound too loud." Sept 3, 1965: Petition for removal filed: vagueness of ordinances, real purpose of arrests to hinder free speech, denial of equal protection, right to petition, and Pls could not obtain fair trial because of earlier disturbances. Motion to remand filed, pending.

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

55.Ga.43a. Americus v 32 Demonstrators (MD Ga, Albany Div) Facts: similar to 55.Ga.43. Cases against juveniles stayed by agreement of juvenile ct pending appeal of adult cases on question of constitutionality of statute. Pending on motion to remand.

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

55.Ill.. See Chicago NAACP, 522.III.1b at 73, XI DOCKET 14.
55.La.3. Louisiana v Lawrence. (Jonesboro) (Jackson Parish Ct) Jy 20-26, 1965: 15 demonstrators arrested; 4 went to cthouse, arrested: resisting arrest, unlawful demonstration. Pending.
55.La.4. Bogalusa v Britt (City Ct) June 22, 1965: Picket refused to give police her name, arrested: disturbing the peace. $300 bond, trial pending.

Collins, Douglas, Elie, Esqs, 2211 Dryades St, New Orleans; LCDC.

55.La.5. Louisiana v Austin (Bogalusa) (Parish Ct) Jy 8, 1965: Negro girl sought refuge in Def's car after attack during civil rights march. During fight, Def allegedly shot prime assailant, Def arrested: aggravated battery. Aug 25: Removed to DC.

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

55.La.5a. Louisiana v Austin (Bogalusa) (Parish Ct) Jy 10, 1965: Def sitting in parked car; police arrested him, searched car, found ½ pint vodka: charged with drunk driving. Questioning centered around Def's civil rights activities. $300. bond. Trial pending.

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

55.La.6. Louisiana v Barnes (Bogalusa) (Parish Ct) 1965: Police stuck billy club through Def's legs and jostled him around during Cassidy Park incident, arrested Def: carrying concealed weapon, assaulting deputy sheriff. Suit to enjoin prosecution dismissed. Trial pending.

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

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55.La.7. Bogalusa v Edwards (City Ct) 1965: Def arrested while picketing: disturbing the peace. Trial pending.

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

55.La.8. Louisiana v Hamilton (Bogalusa) Oct 20, 1965: a.m. 1400 Negro students (70%) boycotted Negro school to demand better books, supplies, teachers, curriculum, gym equipment. Police arrested 6 adult leaders of Civic and Voters League: contributing to delinquency of minors. 47 students attempting a protest march arrested: disturbing the peace. p.m. 21 students marched to Bd of Educ and jail; arrested. eve. Protest meeting in Negro section; police arrested 20, allegedly beat, clubbed others. All pending.

And see fedl injunction in Bogalusa, 63.31, Jenkins, 522.La. 43.

55.Miss.5a. Peacock v City of Greenwood (CA 5, #21655) Facts: X DOCKET 13, 94 at 55.83a, removal aspects at 73, X DOCKET 140. Cite: 347 F2d 679 (1965).
55.Miss.7. Cameron v Johnson (SD Miss) (381 US 741) Facts: X DOCKET 13, 94, 137. Nov 26, 1965: Pl's brief filed with 3-judge fedl ct on remand from USSC. Issues: unconstitutionality of Miss Stat (1964) #546, on its face and as applied.
55.Miss.7a. Dennis v Johnson (SD Miss) Facts: see Cameron, 55.Miss.7, X DOCKET 13, 94, 137. Spring 1965: Declaratory and injunctive relief sought from 3-judge DC attacking constitutionality of 24 Miss statutes passed spring 1964. Pending.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson.

55.Miss.9a. Mississippi v Hartfield, Anderson (CA 5, ##21811, 21813) Facts: X DOCKET 137. Dec 8, 1965: Appeal argued in removal case on unconstitutionality of Miss stat (1964) #546, on its face and as applied. CA will hold up decision til Cameron, 55.Miss.7 decided on same issues.
55.Miss.12. Mississippi v Evers, 517 Defs (Natchez) Oct 1-5, 1965: Demonstrations by Negroes seeking desegregation agreement with city officials; white hecklers intervened. Police arrested hundreds of Negroes, then asked arrested leader Evers to disperse remaining crowd of Negroes to prevent violence, which he did.

And see Easton, 63.42, Natchez v NAACP, 63.42a.

55.Miss.13. Jackson v Young (City Ct) Local Negro arrested while picketing with civil rights workers: assault. Jy 18, 1965: Trial: Def acquitted.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson.

55.NY.6. New York v Turner (USSC) Facts: X DOCKET 94, 137. Cite for cert den: 380 US 924.
55.NC.4. North Carolina v Leary (Williamston) (NC Sup Ct) (140 SE2d 756, 10 RRLR 566) Aug 29, 1963: During large demonstration, police arrested 3 Defs out of crowd: rioting, inciting to riot. Trial Ct denied Defs' motion for directed verdict, found Defs guilty of riot. Mar 17, 1965: Sup Ct affirmed on basis of police testimony.
55.Ohio.1. Ohio v Ball (Cincinnati) Jy 26, 1965: 20 persons (CORE) sat in at construction site of new school to protest discrimination in hiring on project, arrested: trespass, resisting arrest, disorderly conduct. Pending. Sept 7: 15 CORE workers blocked construction at U of Cincinnati campus, arrested. Pending.
55.SC.3. DeLee v St George (Dorchester Co Ct; ED SC) Sept, Oct 1965: Voting books open one day/mth; many Negroes registered, 600 on line when office closed. US announced fedl voting registrars to be sent. Def CORE leaders arrested: violating anti-picketing ordinance. Cases removed to fedl ct. Pending.

And see 63.43.

55.SC.4. South Carolina v 6 Defs (Barnwell Co) State law requires voter registration books open 1 day/mth. Sept 5, 1965: 69 Negroes registered, nearly 300 turned away when books closed. Sept 6: 40 Negroes signed petitions requesting fedl voting registrars in Co, NAACP stood-in at fedl cthouse, held 45 minute rally for enforcement of 1965 Voting Rights Act; 6 arrested: parading without a permit. Pending.
55.SC.5. South Carolina v 16 Defs (Allendale) (Cir Ct) Aug 5, 1965: Demonstrators protesting refusal of Co officials to schedule additional days for voter registration arrested. Consultant for US Community Relations Service signed $3,732 bond in name of US. Director of CRS stated consultant was "trapped by his inexperience and didn't consider the implications." Pending.

And see 501.SC.1.

55.Va.2. Chase v McCain; Chase v Aiken (WD Va, #575) (cd 381 US 939) Facts: X DOCKET 11, 93 at 55.36. Je 1, 1965: USSC denied Pls' petitions for cert. Pending on remand from CA 4.
55.Wis.1. Wisconsin v Givens (Wis Sup Ct) Facts: X DOCKET 12, 93. 1965: Sup Ct affirmed (6-1) convictions for disorderly conduct. Case closed.
56. Against and Concerning Minors (incl Contributing to Delinquency) (see also 24, 430, 560)

56.17. In re Dorothy Wright (MD Ala, N Div, Cr #11,739-N) (10 RRLR 1258) Apr 15, 1965: 11 Negro minors picketed Green Store against discrimination in hiring, arrested: antipicketing ordinance; then petitions filed to have Defs adjudged delinquent. Defs removed, State did nothing; DC held h'g; DC held Defs picketed peacefully, removal justified under 28 USC §1443(1) because ordinance unconstitutional as applied; state prosecutions dismissed; costs taxed to city.

And see Forman, 55.Ala.8.

56.18. Mississippi v Gellatly (Shaw Co Ct) June 18, 1965: 29 young Negroes broke into and damaged school, of whom 4 allegedly incriminated Defs after police used cattle prods on 2 of them. 4 leaders of Miss Freedom Labor Union arrested: contributing to delinquency of minors. Defs ignorant of incident; June 28: arraigned; $4,800 bail. Nov 4: case nolle prossed; bail returned.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson.

And see Gellatly, 73.Miss.23.

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56.19. Re Curtis Long (Sunflower Co) (Miss Sup Ct) June 28, 1965: Def Negro, 16, family active in civil rights, arrested: being a delinquent. July 2: h'g in Youth Ct; Def denied right to counsel; adjudged delinquent: committed to State Training School. July 21: Def's motion to suspend denied. Aug 19: Def filed motion for summary dismissal, suspension of decree pending appeal. Sept 18: Miss Sup Ct granted Def's motion for suspension. Oct 2: Def released.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson.

56.20. Mississippi v Guyot (Miss Sup Ct) 1965: Def charged with contributing to delinquency of minors for encouraging teen-age girl to stay out of school to participate in civil rights demonstration. Sup Ct reversed: no evidence to sustain conviction.
56.21. Oakland v Comfort (Muni Ct, #6704) Feb 19, 1965: Def arrested at demonstration for contributing to delinquency of minors by encouraging truancy by asking for demonstrators during school hours; convicted. Je 21: appeal notice filed. Pending.

John George, Esq, 1330 Broadway, Oakland.

And see Ginn, 421.Ariz.1; Covington, 51.Tenn.5; Schiffman, 51.Miss.6; Americus, 55.Ga.43a; Hamilton, 55.La.8.

57. Against Vagrancy
Comment: Vagrancy: A constitutional battle. 16 Syracuse 656-65.
57.11. California v Palmer (San Francisco) (Muni Ct) Facts: X DOCKET 95. Jan 28, 1965: Dismissed.

Neil Horton, Esq., 1st Western Bldg., Oakland.

57.16. New York v Smith (Syracuse City Ct) Aug 2, 1965: Def arrested: loitering "without any lawful business and without being able to give a good account of himself." Def pleaded guilty without counsel; retained atty, now raises defenses of void for vagueness, denial of counsel, statute used against poor people.

Faith A. Seidenberg, Esq., 217-A State Tower Bldg; Edward McGuire, Esq., 421 S. Crouse Ave., both of Syracuse, NY.

57.17. Hillegas v Sams (Lowndes, Co, Miss) (CA 5, #22241 349 F2d 859, 10 RRLR 992) 1965: Police arrested Pet, COFO worker, for vagrancy when she refused to leave courthouse. Aug 16: CA 5 affirmed the DC denial of habeas corpus petition because Pet had failed to exhaust state remedies.
57.18. Alabama v Levin (SD Ala) Sept 1965: White SCOPE worker arrested: vagrancy. Def removed to DC; pending.

Peter Hall, Esq, Birmingham; NACCP Inc Fund.

58. Against Trespassing (see also 541, 542, 551, 552)
Comment: The use of trespass laws to enforce private policies of discrimination. 16 Hastings 445-59.
58.21. Georgia v Rachel, Tuttle (USSC) See removal aspects at 73., XI DOCKET 13.
58.26. Parrot v Tallahassee (USSC) Facts: X DOCKET 17, 96, 138. Cite: 381 US 129.
58.28. California v Wright (Los Angeles) (Super Ct, App Dept) Facts: X DOCKET 17. Appeal pending.

ACLU of S Calif filed amicus brief.

58.29. California v Green (Santa Monica) (Calif Sup Ct) Facts: X DOCKET 17, 96. App Dept affirmed convictions. Dist Ct of App denied petition for h'g. Petition for h'g on unconstitutionality of Pen C §415 pending in Sup Ct.
58.31a. California v Gray (Los Angeles) (Super Ct, App Dept) Facts: X DOCKET 17, 96. 1965: ACLU amicus brief argues unconstitutional vagueness of part of statute which punishes "interference" with "lawful" business by demonstrations.
58.33. US ex rel Tolg v Grimes (CA 5, #21,661) Facts: X DOCKET 17, 96. Oct 20, 1965: Argued; decision awaited.
58.47. Mississippi v Suggars (Bolivar Co Ct) Je 1, 1965: Civil Rights workers encouraging people to join cotton choppers strike, 7 arrested: malicious trespass. June 24: After jury trial, Defs convicted: $150 and 60 days. Appeals in forma pauperis pending in Cir Ct.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson.

59. Against Miscellaneous Criminal Activities

59.22. North Carolina v Mallory, Crowder, Reap (USSC) Facts: X DOCKET 17, 97. May 1965: Defs reindicted. Defs appealed from NC Sup Ct decision: (1) kidnapping statute (NC §14-39) unconstitutionally vague, indefinite, uncertain; (2) 2 Defs denied speedy trial. Oct 11: USSC denied Def's appeal.
59.31. US v Hensley, Stacy, Turner, Engle (formerly v Gibson) (CA 6, #16,455) Facts: X DOCKET 18, 98. Defs' appeal pending: (1) denial of rt to counsel—after counsel retained, Defs questioned by commr; (2) failure to grant separate trials; (3) voluntariness of confessions question for jury before considering general verdict; (4) Gov't's failure to make record of grand jury proceedings; (5) Ct's failure to strike testimony of Gov't witnesses whose prior statements FBI destroyed; (6) improper conduct of Dept of Justice witnesses; (7) unlawful searches and seizures; (8) no proof Defs intended to wreck train.

Leonard B Boudin, Henry Winestine, Esqs, 30 E 42nd St, NYC, of counsel.

59.49. Re C O Chinn (Canton, Miss) (Dept of Pub Safety) Jy 8, 1965: Negro civil rights leader's driver's license suspended. Aug 8: hearing. Aug 16: license reinstated.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson.

59.50. Natchez v Miller (City Ct) Jy 16, 1965: Negro woman defended herself against 2 attackers, arrested: carrying and discharging firearm. July 23: after trial, Def acquitted.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson.

59.51. Mississippi v McGhee (Greenwood Co Ct) Jy 18, 1965: 8 civil rights workers demonstrated near store; white woman shot at them; 8 arrested. Jy 27: Def's atty arranged guilty plea and $15 fine to release $1600 bond. Defs prosecuted complaint against woman: she was fined $25.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson.

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59.52. Mississippi v Maxwell (Rolling Fork Co Ct) Oct 9, 1965: White civil rights worker arrested: inciting to break church window; $200. bail. Oct 11: charges dismissed.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson.

59.53. Louisiana v Robt Lewis Jr (Ferriday) Nov 23, 1965: Gasoline bomb exploded at home of Def, pres, Ferriday Freedom Movement, wife and 5 children; no one injured; fire and explosion damage to building. Later Def appeared in yard with shotgun; arrested. Pending.
59.54. Selma v Webb (Dallas Co) Oct 30, 1965: 15 civil rights workers (17-28 yrs old) arrested for rape of 12 yr old Negro girl, alleged to have occurred before and after Selmato-Montgomery march. Warrant allegedly filed by girl's mother. $2,000-$5,000 bond. Defs bound over to grand jury. Pending.
60. Civil Sanctions (and Contempt Charges)
UN DECLARATION OF HUMAN RIGHTS: Art 12
61. Against Defamation, Libel, Slander (see also 53)
Comment: Defamation of public officials—Coleman v Maclennan revisited, 13 Kansas 399-410.
61.9. NY Times v Sullivan (376 US 254) Facts: VIII DOCKET 42; IX, 42, 82. Case notes: 51 Virginia 121-42; 26 Montana 110-17; 38 S California 349-54; 2 Tulsa 79-83; 31 Brooklyn 191-94.

Article: Samuel R Pierce, Jr, The anatomy of an historic decision, 43 NC 315-63.

61.22. Normile v Am Medical Assn (DC DC, #CA 2806-23) Facts: X DOCKET 20. Pl's motion for summary judgment on issue of liability argued; pending.
61.27. Dan Smoot v League of Women Voters (Grand Traverse) (CA 6, #16,656) Facts: X DOCKET 99, 139. Appeal argued in Oct 1965 session; pending.
61.29. Walker v Associated Press (Fort Worth) (2d Sup Jud Dist Ct of Civil App, #16624) Facts: X DOCKET 99, 139. Trial Ct set aside jury verdict of $300,000 exemplary damages. Jy 30, 1965: Civ App Ct affirmed $500,000 actual damages, rejected Pl's cross-appeal for $300,000 punitive damages because Defs not actuated by malice.
61.29a. Walker v Louisville Courier-Journal, Louisville Times Co, WHAS, Inc (DC Ky) Pl filed $2 million libel suit alleging libelous account of his activities in 1962 Oxford, Miss demonstrations re U of Miss admission of Meredith. Sept 24, 1965: DC dismissed suit, citing Garrison, 53.6, 379 US 64.
61.30. Frick v Stevens (Carlisle, Pa) (Cumberland Co Ct) Pl, child of late industrial tycoon Henry Clay Frick, sued to enjoin sale of Def-historian's book entitled "Pennsylvania, Birthplace of a Nation" claiming it pictured her father as brusque, autocratic exploiter of workingman, whereas, in Pl's opinion, he always complied with highest principles of ethics, good conscience, Christianity. June 16, 1965: h'g. Aug 2: Def moved to dismiss: suppression of Def's book would violate 1st Amdt. Pending.
61.31. Gilligan v M L King, Farmer, CORE, Gray, Epton, Progressive Labor, Harlem Defense Council (NYC Sup Ct) Jy 16, 1964: Pl policeman fatally shot Negro youth (see 304.61, X DOCKET 145); riots followed in Harlem and Bedford-Stuyvesant (see Epton, 54.9, 54.9a, 54.9b). 1965: Pl cleared by Review Bd. May 27: Pl sued Def individuals and organizations for $3,750,000 damages for libel for preparing and publishing pamphlet with Pl's picture: "wanted for murder." Pending.

And see Gilligan, 61.31a.

61.31a. Gilligan v M L King (ND Ga) Facts: see 61.31. 1965: Pl filed libel suit in Ga DC for Def's alleged statements on TV re killing, asked $1,500,000 damages. Nov 16: Def moved to transfer trial to NYC. DC held burden on Def to prove prejudice. Pending.

Abraham G Levin, Esq, NYC.

And see Epton, 54.9, 54.9a, 54.9b, Barnett, 333.20.

61.32. Foster v Futorian (Benton Co) (Miss Sup Ct) 1965: Negro school principal brought libel suit against white civil rights worker, local Negroes for critical articles in Freedom newspaper. Defs sought injunction in DC against state ct trial; denied. Issues at trial: (1) no actual damage; (2) no malice; (3) Defs' activity protected under NY Times v Sullivan, 61.9, 376 US 254. Verdict for Pl: $60,000. Appeal pending in Miss Sup Ct.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson.

61.33. Baer v Rosenblatt (NH Sup Ct) 1958-1959: Def published articles critical of Pl's management of publicly owned recreation center. Pl sued. 1963: trial judge instructed jury Def had to prove charge based on "reasonable grounds"; verdict for Pl for $31,000. NH Sup Ct affirmed. 1965: Def filed petition for certiorari to USSC. Issues: "reasonable belief" standard differs from "reckless disregard for law" standard required by NY Times v Sullivan, 61.9, Pl is public official within Sullivan definition. Pending.

Osmond K Fraenkel, Edward J Ervin, and Melvin J Wulf, Esqs, for NYCLU, 156 Fifth Ave, NYC.

62. By Injunction in Labor Disputes
UN DECLARATION OF HUMAN RIGHTS: Art 23 (4)

Forms: Motion to vacate temporary injunction, affidavit, memo of law, by Victor Rabinowitz. CIVIL RIGHTS HANDBOOK pp 131-138.

63. By Injunction in Racial Situations (see also 40s, 550s)
Comments: State injunction of proceedings in fedl courts, 75 Yale 150-65.

Fedl injunctions and state enforcement of invalid criminal statutes, 65 Columbia 647-59.


63.2. Gray v Alabama (formerly Alabama ex rel Gallion v Gray) (Talladega) (Ala Sup Ct, #620, 7th Div) X DOCKET 20, 99. 1965: Ala Sup Ct dismissed Pls' appeal on a technicality under state law. Petition for reh'g pending.
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63.8. Salter v Jackson (Miss Sup Ct, #43369) (176 So2d 63, 10 RRLR 1002) Facts: X DOCKET 21. May 22, 1964: Ct issued permanent injunction. Je 7, 1965: Miss Sup Ct held facts sustained issuance of temporary injunction, but conditions improved so injunction should not have been made permanent; injunction dissolved.
63.22b. California v Von Blum, Phillips (San Diego) (Super Ct, App Dept) (236 ACA 716, 737) Facts: X DOCKET 22, 100. Apr 1965: App Dept reversed convictions for trespass (§6021) because bank Defs entered was open to public, affirmed trespass convictions (§602j) and contempt for wilfully violating terms of ct order personally served on them. On reh'g, affirmed: instruction re Defs' failure to testify violated 5th Amdt under Griffin, 333.22, 380 US 609, but did not result in miscarriage of justice.
63.22c. California v Poe (San Diego) (Super Ct, App Dept) (236 ACA 722) Facts: Same as Brown, 63.22a, X DOCKET 22, 139. Apr 1965: App Dept reversed, as in Von Blum, 63.22b, affirmed on trespass and disobey ct order: 1964 Civil Rights Act did not enlarge right to complain about unequal treatment (in Bank's employment policy); whether criminal conduct gives rise to more than 1 act depends on Def's intent.
63.22d. California v Brindley (San Diego) (Super Ct, App Dept) (236 ACA 719) Facts: Same as Brown, 63.22a, X DOCKET 22, 139. Apr 1965: App Dept reversed in Brindley: not shown Def doing anything interested bystander would not do; affirmed in Cawley: instruction need not require proof that Def purposely refused to obey ct order after having time and opportunity to gain actual knowledge of contents.
63.23. Re Curtis, Grand (ED Mo, ##64 C 52, 54) (52 LC #15, 351) Facts: X DOCKET 22, 100. Mar 31, 1965: DC on remand held: (1) affirmed all Cir Ct holdings; (2) indemnity bond is required for issuance of temporary restraining order; (3) jurisdictional foundation for injunction cannot be raised by objection to indemnity bond on grounds of abridgement of obligations of contract; (4) criminal contempt citations may not be purged by subsequent statements or acts of Defs; (5) persons having actual notice of injunction, though not named as parties, are amenable to it; (6) where contempt notice contains criminal and civil elements, Defs charged with notice of criminal nature of proceeding; (7) failure of state to provide for appeal from criminal contempt conviction does not violate due process; (8) demand of equal hiring would force bank to commit state unfair labor practice by granting preferential hiring on account of race; (9) refusal to hire Negro employees not unfair labor practice within exclusive jurisdiction of NLRB so as to prevent injunction under state police power; (10) convictions may not be set aside on grounds of retroactive application of 1964 Civil Rights Act which exempts requirement that employers grant preferential treatment because of race; (11) Hamm v Rock Hill (552.SC.4d, 379 US 306) does not apply because criminal contempt here was to "uphold the dignity and majesty" of ct. Pending.

Clyde S Cahill, Joseph S McDuffie, Robert E Wilson, Robert L Witherspoon, Charles R Oldham, Emanuel Williams, Wyvetter H Younge, and Margaret B Wilson, Esqs, all of St Louis, Missouri.

And see cases at 576.

63.24a. Dallas County v SNCC (Selma) (SD Ala, N Div, #3388-64) (10 RRLR 234) Facts: X DOCKET 23, 100. Apr 16, 1965: DC dissolved Jy 9, 1964 state ct injunction, denied Co's request to remand to state ct.
63.28b. Re Sheriff Clark (Selma) (SD Ala, #3559-65) Facts: X DOCKET 100, 139. Sept 2, 1965: DC held Def violated Jan 23 restraining order by arresting 200 Negro voter registration demonstrators and forced marching them 4 miles; $1,500 fine for contempt of ct.
63.28c. Williams and US Intervenor v Wallace (SD Ala) Mar 7, 1965: Movement sought temporary restraining order prohibiting interference from police and state officials with proposed march from Selma to Montgomery. Mar 9: DC refused to issue injunction: no showing of irreparable injury; restrained Pls from marching pending completion of h'g. Mar 13: DC denied request of Def Sheriff to make order permanent, held sole purpose to preserve jurisdiction. Mar 10: US intervened under 1964 Civil Rights Act with consent of DC. Mar 17: DC held: Pls have right to march to petition for redress of grievances; Defs enjoined from interfering with march and failing to provide adequate police protection; marchers may be restricted in route and number; threat of violence no excuse for denial of right to march; Defs must show Pls proposed plan is unreasonable.
63.31. Hicks and US v Knight (Bogalusa) (ED La, New Orleans Div) Facts: X DOCKET 139. Jy 16-17, 1965: CORE demonstrators were attacked repeatedly during marches; Defs did little or nothing to protect them: Pls started contempt proceedings under Jy 10 injunction. US intervened as Pl in contempt action against police chief and public safety commr. Jy 30: DC found defs in civil contempt, Defs ordered to protect civil rights workers, to provide comprehensive plan to educate police and file monthly compliance reports for 1 yr starting Sept 1; alternative $100/day fine. Oct 20: new contempt charges filed. Dec 10: trial.

Collins, Douglas, Elie, Esqs, 2211 Dryades Street, Joseph Harris David, Esq, 923 Royal St, Victor P Le Beau, Esq, 1911 Terpsichore St, New Orleans, La; Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson, Miss; Carl Rachlin, Esq, CORE, 38 Park Row, NYC; Jeremiah S Gutman, Esq, 2 Riverview Pl, Hastings-on-Hudson, New York; Warren K Kaplan, Esq, 46 Park St, Malden, Mass.

63.31a. US v Original Knights of Ku Klux Klan (Bogalusa) (ED La, New Orleans Div) Facts at 63.31. Jy 22, 1965: US filed complaint for injunction against Def organization, 20 of its members, 15 other whites to restrain assaults, harassment, threats, intimidation against civil rights workers and businessmen complying with desegregation orders. Pending.

And see 63.31, 55.La.5.

63.31b. Hicks v Cutrer (Bogalusa) (ED La, New Orleans Div) May 1, 1965: Local Negroes sued to declare unconstitutional city ordinance restricting 1st Amdt rights to picket, assemble, demonstrate. After h'g, city agreed to amend objectionable provisions. June 20: case dismissed as moot.

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

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63.34. Alabama ex rel Wallace v Lewis (Green County) (ND Ala) Pl sued to enjoin boycott and demonstrations interfering with public schools. Aug 31, 1965: DC granted temporary restraining order. Sept 16: Motion to dismiss filed.
63.35. Georgia v 200 Defs (Washington) Oct 1965: Demonstrations against segregated high schools. Oct 19: Super Ct issued injunction prohibiting Negro students from interfering with classes. Oct 20: 300 students marched thru their Negro school, creating disturbance; 200 marched on white high, all arrested: violating injunction. Pending.
63.36. Griffin v Ryan (Springfield) (Hampden Co Super Ct, #114011) Jy 17, 1965: 44 Negroes demonstrated peacefully against police brutality; arrested: breach of peace. Aug 26: Dist Ct found 4 Defs innocent, 12 guilty, 1 innocent of assaulting officer, 1 innocent of drunkenness; $15-$25; appeals pending. Aug 15: Defs sued in equity to restrain criminal prosecutions under 1st, 14th Amdts, tho no claim that ordinances unconstitutional. Ct over-ruled City's demurrer. Feb 1966: h'g on merits.

Henry Weissman, Esq, 1570 Main St, Springfield, Mass; Lewis Steel, Esq, NAACP, 20 W 40th, NYC.

63.37. Coppock v Patterson (Jackson) (SD Miss) Aug 11, 1965: Class action on behalf of civil rights workers and Negroes attacking constitutionality of 3 Miss statutes prohibiting various 1st Amdt activities near State Capitol, Governor's mansion, State Office Building, passed June 17-18, 1965 during demonstrations. Issues: (1) Statutes unconstitutionally broad, (2) constitute prior restraint on 1st Amdt rights. Pending before 3-judge ct.

Alvin J Bronstein, Esq, LCDC 603 N Farish St, Jackson.

63.38. Shelton v Simpson (Shaw) (SD Miss) Apr 1, 1965: 50 demonstrators arrested. Apr 5: Town passed ordinance limiting right to conduct parades and demonstrations. May 5: suit filed attacking ordinance as unconstitutionally broad, violate 1st Amdt. May 8: 38 arrested for violating ordinance. May 12: DC stayed prosecutions. June 1: DC issued preliminary injunction. Town repealed ordinance. Jy 7: case discontinued as moot; $277 costs awarded to Pl; Def paid.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson.

63.39. Chinn v Canton (SD Miss, #3764) Je 25, 1965: civil rights workers attempted to integrate city park; 11 arrested: trespassing. Je 25: Pls sued for injunction in DC. Je 28: Cox, J, granted temporary order restraining city from denying facilities to Negroes, or making further arrests or prosecuting. Je 30: City closed park, left swimming pool open claiming lease to private corporation. Jy 19: DC granted preliminary injunction. Aug 3: DC declared swimming pool lease nullity, ordered city to permit Negroes to use all open facilities. Nov: Trial. Issues: (1) permanent injunction, (2) compel city to reopen facilities previously closed.

R Jess Brown, Carsie A Hall, Alan H Levine, Alvin J Bronstein, Esqs, LCDC, 603 N Farish St, Jackson.

63.40. Wilson v Marshall (West Point) (ND Miss) May, 1965: Negroes and civil rights workers seek injunction and declaratory relief against 3 city ordinances regulating and prohibiting picketing, leafleting, parades. May 26: City permitted parade without arrests. City repealed leafleting ordinance. Oct 15: DC denied preliminary injunction on picketing ordinance; decision on parade ordinance pending.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson.

63.41. Mississippi v Harris (McComb-Magnolia) (SD Miss) 1965: Pike Co officials obtained state ct injunction against COFO workers and local Negroes. Mar 10: Defs removed to DC, moved to dissolve injunction. DC denied. Defs appealed to CA. Mar 16: CA 5 denied, with leave to renew. Mar 18: DC dissolved injunction, dismissed state's complaint.
63.42. Easton v Nosser (Natchez) (SD Miss) Sept 13, 1965: Pls, civil rights workers, sought 3-judge ct decision on unconstitutionality of leaflet ordinance, and to enjoin arrests. Continued by stipulation, pending CA 5 decision in Guyot, Strothers, 51.Miss.4.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson; Lawyer's Committee, Richard E Tuttle, Esq, Lawyers' Comm for Civil Rights under Law, 233 N Farish St, Jackson.

And see Natchez v NAACP, 63.42a; Natchez v Easton, 16.2a; Baldwin, 16.2; Evers, 55.Miss.12.

63.42a. Natchez v NAACP (SD Miss) Sept 30, 1965: Mass civil rights demonstrations. City obtained ex parte state ct injunction against demonstrations. Oct 4: Defs removed to DC, moved to stay or dissolve injunction. Oct 6: DC issued order modifying injunction to permit peaceful demonstrations (2 by 2, etc.), Oct 27: stipulation: case continued pending decision in Guyot v Pierce, 51.Miss.4.
63.43. Tracy v Robbins (St George) (ED SC) Nov 2, 1965: Injunction and declaratory action challenges constitutionality of city picketing ordinance which requires anyone supervising picketing be more than 300 feet from picket line. Pending.

LCDC.

And see DeLee, 55.SC.3.

63.44. Jackson v Bull (Brownsville, Fayette Co) (MD Tenn) Aug 5, 1965: Pls sued under 42 USC § 1983 to force police to protect civil rights demonstrators from harassment and assault by white onlookers. After suit filed, police protected demonstrators in 2 large marches. Aug 21: demonstrations and summer project over, most witnesses leaving state; Pls filed motion to dismiss.

LCDC.

63.45. Thriftimart v United Civil Rights Comm (Los Angeles Super Ct) 1965: Ct issued preliminary injunction prohibiting trespass on parking lot of market, shop-in inside market, limited picketing outside in protest of Pl's hiring policies. Pending.
64. Against Miscellaneous Activities

64.7. Alabama v Mills (USSC) (176 So2d 884) Facts: X DOCKET 100, 139. Appeal pending in USSC.
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70. Procedural Problems
Practice tips: Osmond K Fraenkel, Procedural pitfalls in civil liberties cases. CIVIL RIGHTS HANDBOOK 66 31-40.

Class suits, by Libby Wernick Ginsberg. CIVIL RIGHTS HANDBOOK pp 151-161.

Three-judge statutory federal district courts, by Marjorie Leonard. CIVIL RIGHTS HANDBOOK pp 163-173.

Appeals in federal courts, by Siegfried Hesse. CIVIL RIGHTS HANDBOOK pp 187-200.

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
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 55.Miss.9a, 59.35a, X DOCKET 137, 138.

Article: Oliver Morse, Civil rights removal: "The letter killeth, but the spirit giveth life," 11 Howard 149-86.


73.Ark.1. Forrest City Cases (CA 8) Fall 1965: Hundreds of demonstrators arrested in school desegregation protest. Pls filed 6 removal petitions. DC remanded; appeals and motions to stay pending.

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

And see Forman, 55.Ala.8.

73.Ala.1. Alabama v Davis (Clarke Co) (SD Ala) Summer 1965: Civil rights worker assisting Negroes to register to vote; arrested. Sept 16: removed to DC; pending.

Oscar W Adams, Jr, Esq, 1630 4th Ave N, Birmingham; NAACP Inc Fund.

73.Ala.2. Alabama v Lyon (Marengo Co) (SD Ala) Def, white physician, member Medical Comm for Human Rights, attempting to help Negroes obtain rights under 1964 Civil Rights Act, arrested: practicing medicine without license. Nov 19, 1965: Removed to DC, pending.

Peter Hall, Esq, 1630 4th Ave N, Birmingham; NAACP Inc Fund.

73.Ala.3. Eutaw Housing Authority v Dew (Greene Co) (ND Ala) Sept 17, 1965: Civil suit to evict Def, civil rights worker, from public housing project removed to DC. Sept 29: motion to remand filed.

Oscar W Adams, Jr, Esq, 1630 4th Ave N, Birmingham; NAACP Inc Fund.

And see cases at 423.

73.Ala.4. Morgan v Wardy (MD Ala) 1965: 2 civil actions charging Def with malicious prosecution removed to DC on grounds of diversity and civil rights; pending.

Fred D Gray, Esq, 34 N Perry St, Montgomery; NAACP Inc Fund.

73.Ala.5. Tuscaloosa v Rogers (CA 5, #21700) Defs removed 80 criminal cases to DC; DC remanded. On appeal, CA 5 reversed, sent cases to DC with directions to entertain proof of allegations making §1443(1) claim.

Oscar Adams and Demetrius Newton, Esqs, 1630 4th Ave N, Birmingham; NAACP Inc Fund.

73.Ala.6. Alabama v Wright (Greensboro) (DC Ala) Jy 7, 1965: Def encouraging voter registration in Hale Co; arrested: failing to obey officer, resisting arrest. Jy 29: Def removed to DC. Pending.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson, Miss.

73.Ala.7. Opelika v Young and Jones (MD Ala) Sept 1, 1965: City officials refused parade permit claiming lack of jurisdiction; civil rights parade held: 64 arrested: parading without permit. Some released on bond, others fined without h'g. Defs removed all cases to DC; State moved to remand. Pending.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson.

73.Fla.1. Eubanks v Florida (St Augustine) (MD Fla, Jacksonville Div, ##64-294 to -297-CRJ) (242 FSupp 472, 10 RRLR 1264) Nov 14, 1963: Grand jury indicted 3 Negroes for 2d degree murder and 1 as accessory. May 19, 1964: Defs, by counsel, filed motions for change of venue because impossible to get fair trial since: dec'd white male killed while riding in car with KKK leader; KKK active in Co; hundreds of Negroes arrested in civil rights demonstrations, which injured Co's economy causing prejudice by whites against Negroes, esp Defs, and fear in Negroes making them incapable of testifying truly; Cir Ct held h'g; denied. Oct 19: Defs filed removal petitions on same grounds. Je 10, 1965: DC remanded: 28 USC §1443 does not cover charges under valid laws.

And see Wells, 54.7b.

58.21. Georgia v Rachel; Georgia v Tuttle (USSC) Facts: X DOCKET 16, 25, 96, 138. Mar 5, 1965: CA 5 reversed DC decision to remand. Oct 11, 1965: USSC granted cert.
73.Ga.1. Shephard v Griffin (CA 5) 1965: Civil rights leader arrested: cursing and fighting. Def removed. After hearing, DC remanded. Appeal pending.

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

73.Ga.2. Dublin v Bolden (SD Ga, #1735) 1965: 2 local Negroes picketing service station; arrested: cursing. Defs removed to DC. Pending.

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

73.Ga.3. Crawfordville v Cooper, Jr (SD Ga, #5027) 1965: Local Negro drove to segregated state facility, fled hostile white mob; arrested: reckless driving. Def removed to DC. Pending.

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

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73.Ga.4. Crawfordville v Barcus (SD Ga, #5028) Jy 1965: 30 picketing for equal rights arrested. Defs removed to DC, pending.

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

73.Ga.5. Columbus v Saucier (MD Ga) 1965: Negroes picketing place of public accommodation; arrested: parading and picketing without permit. Defs removed to DC; pending.

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

73.Ga.6. Sims v SNCC (Dougherty Co) (MD Ga) 1965: Pl sued Def organization in Co Ct for civil damages for loss of business due to 1963 civil rights activities. Defs removed to DC, petition based on §1443 and §1441(a). DC remanded without hearing. Appeal pending.

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

And see Carl Smith v SNCC, 30.17.

522.Ill.1b. Bd of Educ v Chicago NAACP (CA 7, #65 C 942) Facts: X DOCKET 157. Je-Aug 1965: demonstrations for integrated schools; 416 arrested. Coordinating Comm of Community Organizations filed removal petition, alleging hostility, prejudice of mayor, city officials, Muni Ct prevent fair trials. Sept 8: DC remanded.
73.La.1. School Bd v Bogalusa Voter's League (CA 5) Oct 20, 1965: Bd obtained ex parte temporary restraining order to prevent Defs from encouraging or permitting children to demonstrate or boycott schools. Oct 21: Defs filed petition to remove, to stay or dissolve restraining order. Oct 27: after h'g on State's motion to remand, DC remanded. Nov 3: CA 5 denied stay. Appeal pending.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson, Miss.

And see Austin, 55.La.5.

73.La.2. Jonesboro v Jackson, Reed, Bradford (DC La) Jy 18, 1965: Civil rights demonstration, 2 local Negroes, 16 civil rights workers arrested: obstructing traffic, parading without permit. Jy 25: Defs removed to DC; pending.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson, Miss.

73.La.2a. Louisiana v Amos (Jonesboro) (DC La) Jy 21, 1965: 16 civil rights workers, local Negroes picketing; arrested: disturbing the peace, resisting arrest, unlawful assembly; $500 to $1500 bond each. Jy 26: Defs removed to DC, filed petitions for habeas corpus, motion to reduce bail. When Defs posted bond, DC dismissed habeas petition as moot. Pending.
73.La.2b. Louisiana v Potts, Saunders, Fenton, Lawrence (Jonesboro) (DC La) Jy 25, Aug 10, 1965: During demonstrations at cthouse, 2 local Negroes, 2 white CORE workers arrested. Aug 22: Defs removed to DC, pending.
73.La.2c. Louisiana v Evans, Davis (Jonesboro) (DC La) Aug 10, 1965: During demonstrations at store, 2 local Negroes arrested: disturbing the peace, resisting arrest. Aug 25: Defs removed to DC; pending.
55.Miss.2. Crawford v Mississippi (CA 5, #22382) Facts: X DOCKET 24, at 73. Appellants argue in brief opposing remand: (1) Res judicata does not apply to collateral attack on removal petition claiming denial of fair trial; (2) DC erred in not granting full h'g on merits of removal petition. Pending.

Bruce C Waltzer, Esq, 1006 Baronne Bldg, New Orleans; R Jess Brown, Esq, 125½ N Farish St, Jackson; Kunstler, Kunster, & Kinoy, Esqs, 511 5th Ave and John M Pratt, Esq, 475 Riverside Drive, all of NYC.

55.Miss.11. Collins v City of Jackson (CA 5, #21538) Facts: X DOCKET 137, 140. SD granted motion to remand after h'g. Aug, 1965: Appeal to CA based on local customs and policies, de facto denial of equal rights and state laws sanctioning and encouraging racial discrimination. Pending.
73.Miss.2. Ashland v Beckley (DC Miss) Oct 4, 1965: Def driving people to fedl voting registrar; arrested: 2 traffic violations; $250 bond. Oct 7: Def removed to DC. Oct 30: state moved to remand; pending.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson.

73.Miss.3. Mississippi v King (Bolivar Co) (ND Miss) Je 10, 1965: Miss Freedom Labor Union attempted to talk to cotton choppers and encourage strike; 6 arrested: profanity, disturbing the peace; 1 Def: assault and battery. June 25: Defs removed to DC; pending.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson.

73.Miss.4. Mississippi v Barber (Canton) (SD Miss) Nov 2, 1965: White Delta Ministry worker objected to segregated lines to purchase license plates: arrested: profane language, disturbing the peace. Nov 8: Def removed to DC; pending.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson.

73.Miss.5. Mississippi v Raymond (Forrest) (DC Miss) Sept 4, 1965: CORE project director arrested: reckless driving; bond set. Sept 15: Justice of Peace convicted: $150. Oct 20: Appeal perfected; Def removed to DC. Pending.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson.

73.Miss.6. Greenville v Novick (ND Miss) March 22-24, 1965: White and Negro civil rights workers going to picket factory; 25 arrested: refusal to obey officer. March 31: Defs removed to DC; Apr 13: City moved to remand, served Defs with interrogatories, requests for admissions. Defs moved to quash: DA not entitled to pre-trial discovery in criminal case. Pending.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson.

73.Miss.7. Holly Springs v Walker (ND Miss) Sept 17, 1965: Police allegedly planted whiskey in MFDP office during raid, arrested Def-local Negro: illegal possession of whiskey; $500 bail. Sept 18: During trial, Def's witnesses and lawyer arrested. Sept 23: Def removed to DC; pending.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson.

And see 73.Miss.7a.

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73.Miss.7a. Holly Springs v Jelinek, Harvey, Kuenzli (ND Miss) Sept 18, 1965: During Walker's trial, 73.Miss.7, Atty Jelinek advised Harvey, white librarian, not to answer certain questions; both arrested: obstructing justice. Kuenzli, white college prof, testified for Def, arrested: improper license plates. Sept 20: Prof arrested by Co police: same charge. Sept 23: Defs removed to DC. Oct 15: State moved to remand. Pending.
73.Miss.8. Indianola v Cableton (DC Miss) March 1965: 4 local COFO workers went to restaurant, offered SNCC button to white man; arrested: disturbing the peace; $100 bond. Ct refused property bond. Defs prepared habeas petition; State ct released Defs without bond. April 6: Defs removed to DC; pending.

Alvin Bronstein, Esq, LCDC, 603 N Farish St, Jackson.

73.Miss.9. Jackson v Catchings (CA 5) Jy 12, 1964: Negro woman attempted to get service at Greyhound terminal, beaten by restaurant employee; arrested: disturbing the peace. Jy 17: removed to DC. Mar 25, 1965: DC remanded but granted stay pending appeal.

R Jess Brown, Esq, 1105½ Washington St; Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson.

73.Miss.10. Jackson v Klein (SD Miss) Mar 15, 1965: Civil rights demonstration planned for cthouse; 6 arrested on way: disorderly conduct. City Ct convicted: 30 days, $200. May 11: Defs removed. May 19: State moved to remand. Pending.

Alvin Bronstein, Esq, LCDC, 603 N Farish St, Jackson.

73.Miss.11. Jackson v Sumrall (SD Miss) April 20, 1965: Negroes attempted to walk from Negro section to downtown hotel to protest appearance of Selma Sheriff Jim Clark; 12 arrested: parading without permit. Apr 26: Defs removed. May 5: city asked for remand. Pending.

Alvin Bronstein, Esq, LCDC, 603 N Farish St, Jackson.

73.Miss.12. Mississippi v Archie (Jackson) (SD Miss) Je 21, 1965: Negro Def, 16, driving civil rights workers from Edwards to Jackson; arrested: crossing yellow line, speeding, improper license. Police did not permit Def to phone for counsel, allegedly harassed him. Justice of Peace tried him, without counsel; convicted: $232 or 3 mths. Def not permitted to call, without funds, jailed. Jy 17: Def notified family; Atty filed coram nobis; J. P. refused all papers. Jy 2: Def removed, DC set $200 bond; Def paid, released. Aug 26: DC granted state's motion for remand, stayed pending appeal.

Alvin Bronstein, Esq, LCDC, 603 N Farish St, Jackson.

73.Miss.13. Jackson v Alexander; Alexander v Cox (SD Miss; CA 5) (348 F2d 894, 10 RRLR 1267) Je, 1965: Large civil rights demonstrations. Je 14: Police arrested 1100 whites and Negroes; parading without permit, leafleting. Pets presented 3 joint removal petitions for 400 Defs; DC refused to file under DC rule requiring individual petitions. Pets filed motions with DC for leave to file 3 petitions; judge did not rule. Pets filed petition for writ of mandamus in CA to DC to accept petitions. Je 24: CA held application in abeyance, suggested DC act promptly, citing Lefton, 73.1, 333 F2d 280. DC held each Pet must verify removal petition. Jy 13: CA adjusted DC rule: each Pet in city must verify; attys can verify for those absent. Cases awaiting decision in Guyot and Strothers, 51.Miss.4.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson; NAACP Inc Fund; Lawyers Comm for Civil Rights Under Law, 233 N Farish St, Jackson, Mississippi 39201.

73.Miss.14. Mississippi v Bass, Klein, Wilcox (Jackson) (SD Miss) Jy 7, 1965: Negroes and white left demonstration, walking toward Capitol; arrested: new anti-parade ordinance. Jy 12: Defs removed to DC, which reduced bond from $200 each to $100, $50 and recognizance.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson.

73.Miss.15. Jackson v Ross (SD Miss) Oct 16, 1965: Def Negro used theater men's room; arrested: disturbing the peace, resisting arrest. Police allegedly beat Def at station. Oct 25: Def removed to DC, pending.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson.

73.Miss.16. Mississippi v Allen (Magnolia) (CA 5) March 1 and 2, 1965: Demonstration at cthouse: 92 arrested: anti picketing statute. Apr 23: Defs removed to DC. State moved to remand. Je 12: DC granted remand. Je 21: DC stayed remand pending appeal.

Alvin J. Bronstein, Esq, LCDC, 603 N Farish St, Jackson.

73.Miss.17. Meridian v Kaslo (SD Miss) Feb 17, 1965: COFO, CORE workers demonstrated, picketed Lamar Hotel; 15 arrested. Bail set; Defs released; Defs removed to DC.

LCDC; Claudia Shropshire, Esq, Nat Lawyers Guild, 507½ N Farish St, Jackson.

73.Miss.18. Mississippi v Grandison (Moss Point) (CA 5) March 9, 1965: Demonstration by white and Negro civil rights workers at Negro high school; 26 arrested: trespassing, refusal to obey officer. Mar 15: Defs removed to DC. Apr 19: State moved to remand. June 1: DC granted remand but stayed pending appeal.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson.

73.Miss.18a. Mississippi v Bass, Karpe, Ramsland (Moss Point) (SD Miss) Aug 17, 1965: 3 civil rights workers tried to integrate restaurant, attacked, chased away, arrested: disturbing the peace, destroying personal property. Aug 25: Defs removed to DC; state moved to remand. Pending.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson.

73.Miss.19. Mississippi v Davis (Natchez) (CA 5) Mar 12, 1965: Civil rights workers demonstrating at city auditorium; 8 arrested: disturbing the peace. Mar 27: Defs removed to DC. Je 2: DC remanded. Appeal pending.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson.

73.Miss.19a. Natchez v Day (SD Miss) May 29, 1965: White and Negro civil rights workers attempted to integrate park; 30 arrested: unlawful assembly. $500 bond. Je 4: Defs removed to DC, moved to reduce bond. Je 16: US Commr reduced bond for 8 Defs unable to raise it, released them. Je 23: City moved to remand. Pending.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson.

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73.Miss.20. Natchez v Ladner, Easton (SD Miss) Sept 3-4, 1965: 10 civil rights workers arrested: leafleting without permit. Defs posted bond, removed to DC; pending decision in Easton, 63.42.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson.

73.Miss.21. Mississippi v Carver, Kemp (Olive Branch) (DC Miss) Je 12, 1965: Civil rights workers testing policy of restaurant; white arrested while inside: obstructing side-walk. Je 22: Negro driving away after testing restaurant arrested: failing to stop before entering highway. Jy 6: Defs removed to DC. Jy 9: State moved to remand; pending.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson.

73.Miss.22. Mississippi v Morgan Brown (Rosedale) (ND Miss) July 30: Civil rights demonstration: 40 arrested: disturbing the peace. Aug 2: Defs released on bond. Aug 19: Defs removed to DC; pending.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson.

73.Miss.23. Mississippi v Gellatly (Shaw) (DC Miss) Apr 1, 1965: Demonstration at school; 50 arrested: disturbing the peace, refusing to obey officer. Apr 19: Defs removed to DC; pending.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson.

And see Gellatly, 56.18.

73.Miss.24. Mississippi v Halprin (West Point) (ND Miss) Jy 26, 1965: Negro students boycotted all-Negro school, marched to church; 11 civil rights workers arrested: disturbing the peace. 3 pleaded guilty: $10, left state; charges against 7 dismissed. Aug 4: Justice of Peace convicted Def; $150 and 30 days, suspended. Def removed; pending.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson.

And see Chester, 51.Pa.1.

73.SC.1. South Carolina v Minter (ED SC) 1965: Def protested delay in processing of voter applicants; arrested: disorderly conduct. Def removed. No motion to remand on file.

LCDC.

73.SC.2. South Carolina v Tracy (ED SC) 1965: Def protected his children who were desegregating a movie theater; arrested: assault. Def removed; pending.

LCDC.

90. Miscellaneous Freedom of Thought
FREEDOM OF RELIGION (100-199)
UN DECLARATION OF HUMAN RIGHTS: Art 18
110. Separation of Church and State
Hearings: Sen Sub Comm on Const Rights: S 2097: Constitutionality of Federal Grants and Loans under separation of Church and State.

Comments: The rights of disbelief, 37 Colorado 119-34; Defining religion: Of God, the Constitution and the D.A.R., 32 Chicago 533-59.

111. In Education
Case note: Directive by state education official that Lord's prayer be recited in public schools and establishment of religion: Johns v Allen: 231 FSupp 852 (D Del 1964), 16 Syracuse 675-77.
111.10. Chamberlin v Dade Co Bd of Pub Inst (USSC) (374 US 487, 377 US 402) Facts: IX DOCKET 86. Note: 17 Florida 484-88.
111.29. Balgooyen v Los Gatos High School (Ct of App, 1st App Dist, Div 1, #22,813) Facts: X DOCKET 26, 101. On petition for h'g in Calif Sup Ct, assigned to DCA. Argument: Apr-May, 1966.
111.34. Stein v Oshinsky (USSC) (224 FSupp 757, 1963) Facts: X DOCKET 101. Jy 7, 1965: CA 2 reversed DC, upheld ban on prayers in public school kindergarten, citing Engle, 111.8, 370 US 421. Def's petition for cert pending.

Edward J Bazarian, Esq, 132 Nasau, NYC.

Amicus briefs by Am Reformed Church by Hahn, Hahn and Ford, Esqs, 117 Pennsylvania Ave, Brooklyn; ACLU by Stephen A Hockman, Esq, 500 Fifth Ave, NYC.

111.36. Kolbeck v Kramer (Rutgers Univ) (NJ Sup Ct) (202 A2d 889, 1964) Pl applied for admission to Def U, refused to submit to compulsory vaccination on religious grounds, but without proof of church membership. U denied admission. Fall 1965: Sup Ct reversed. Note: 33 G Washington 580-83.
111.37. McCartney v Bd of Educ (Long Beach Sup Ct) 1965: Suit to test constitutionality of teacher-led saying of grace in public nursery schools. Super Ct overruled Def's demurrer, denied preliminary injunction. Pre-trial pending.

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

112. In Public Places

112.28. Murray v Goldstein (Md Ct of App, #189) Pl, successful Pl in Murray, 42.20, 373 US 203, sued State Comptroller testing his failure to collect real estate taxes from all church realty. Pending on appeal.

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

112.29. Cree v US and Machiz (DC Md, #15756) Pl members of Freethought Society of America sued US and Dist Dir of Internal Revenue for holding that exemption from fedl income taxes of church-owned businesses unconstitutional. Jy 28: 3-judge ct dismissed. Oct 1: DC granted Pls' motion to file amended complaint. Pending.

Leonard J Kerpelman, Esq, 900 Light St, Baltimore.

112.29. Maryland v Schowgurow (Md Ct of App) Def Buddhist tried for murder by jurors who swore to belief in God, which is not part of Buddhism; Def's objection overruled; convicted. Oct 11, 1965: Ct of App reversed, under 1st Amdt.
112.. Opinion: Nov 3, 1965: Md Attorney General, Religious oath for witnesses is constitutional, despite Schowgurow, 112.29.
112.30. Maryland v Anonymous Youth (Baltimore) (Md Ct of App) Oct 22, 1965: Ct of App affirmed ruling Def cannot be tried under indictment by grand jury required to believe in God, citing Schowgurow, 112.29.
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120. Conscientious Objection to War (see also 356)
Chronological steps in Selective Service Process: Function of lawyer, student deferments, COs in Armed Forces. CIVIL RIGHTS HANDBOOK pp 235-235jj.

Conscientious objector form: Problems, new decisions. CIVIL RIGHTS HANDBOOK pp 235j-235r.

Forms: Motions for acquittal in CO cases. CIVIL RIGHTS HANDBOOK pp 235x-235y.

Publications of Central Comm of Conscientious Objectors, 2006 Walnut, Philadelphia:

Handbook for conscientious objectors (rev 1965), 50c Attorney's handbook on selective service regulations, $2 News notes, bi-monthly, $2 Counsellor's kit for COs, $2

121. Through Application for CO Status—Before Induction
Article: J B Tietz, Deity belief: Necessity for draft status, 38 S Calif 529-39.
121.30. US v Stolberg (CA 7) Facts: X DOCKET 26, 102. Je 7, 1965: CA reversed, citing Seeger, 121.32, 380 US 163: "It is difficult to state just what [Def's] religious beliefs were." According to his belief: `he does not believe the Supreme Being constitutes a force outside of man'; `as to an after life, he doesn't know of any'; `has no answer as to what we are here for or where we are going except to help other men, and he believed that regard for human life was essential.'
121.35. US v O'Neal (ED Mo, #65 CR 134 (2)) Facts: X DOCKET 102. Sept 28, 1965: Def filed motions for bill of particulars, to dismiss. Oct 7: DC construed indictment to preclude failure to exhaust admr remedies. Oct 25: US Atty moved to dismiss; DC granted. Nov 3: Local bd reclassified Def I-O, requested Def file SS Form 152 re alternative service.
121.38. US v Etcheverry (SD Calif) (85 S Ct 878) Facts: X DOCKET 102. Jan 14, 1965: Def began serving 3 yrs. Mar. 1: USSC denied motion for leave to file third petition for reh'g. CA 9 instructed DC to determine whether Def's views qualified him for CO classification under Seeger, 121.32, 380 US 163. Summer: DC vacated conviction: Altho Pet failed to complete CO questionnaire in part, answers "do express a belief, which, although far from orthodox" comes under Seeger: "It is true that intermingled with Pet's statements of religious beliefs are views which may be considered sociological, political, or economic and some which relate to `a merely personal moral code' which are excluded by the statute as proper grounds for exemption," but followed Fleming, 121.39, 344 F2d 912.
121.39. US v Fleming (CA 10) Facts: X DOCKET 102, 140. Cite: 344 F2d 912.
121.40. US v Vick (ED Pa, Phila) Def classified 1-A, ordered to report for induction, filed CO form 150. Def arrested: refusal of induction. Fall 1965: after trial, not guilty: local bd should have considered his CO claim.

J Barton Harrison, Esq, Girard Trust Bldg, Philadelphia.

121.41. US v Lang (NY) Def, married CO, did not file CO form 150; separated from wife; ordered to report for induction. Def filed form with reference letters. State Sel Serv Dir declined to cancel induction order and reopen classification. Jy 7, 1965: Def arrested; trial pending.
122. Through Application for CO Status—After Induction (see also 125)

122.50. Re David Ovall (US Army, Ft Monmouth, NJ) Jan 17, 1965: Army private applied for discharge as CO; denied. Jy: Pet began fast unto death. CCCO and NSBRO sought to get application re-processed; Army processed Pet's release for unsuitability, fed him intravenously. On 25th day of fast, Army released Pet. Pet's claim as CO pending before local bd, tho Pet no longer liable for military duty.

Central Comm for Conscientious Objectors, 2006 Walnut St, Philadelphia; Natl Service Bd for Religious Objectors, 410 Third St NW, Washington, DC.

And see Stubbs, 51.NJ.3.

122.51. Re Joseph Brennan (US Navy Reserve, NYC) 1964: Def enlisted. Later joined Catholic Worker movement, Catholic Peace Fellowship, Fellowship of Reconciliation. Je 1965: Def applied for CO status; denied. Nov 8: Def called to active duty, began fast, picketed Fedl Bldg. Nov. 16: arrested, turned over to Armed Forces Police: AWOL; processed for active duty. Pending.
122.52. Re Martin Mayfield (Marine Corps Reserves, Camp Pendleton, Calif) Nov 1962: Pet applied for discharge from Reserves as CO; denied. 1965: Ordered to report for 45 days active duty. Je 6, 1965: Pet reported without uniform or gear. Je 16: Pet released; discharge for unsuitability being processed.

Other Reserve officers discharged after becoming COs: Peter Caplan, Chicago—Army Reserves; Alan Kraning—Michigan Natl Guard; J C Bellheimer and Peter Toxby, Santa Barbara—Army Reserves, Army Natl Guard.

Central Comm for Conscientious Objectors, 2006 Walnut St, Philadelphia.

123. Through Refusal of Registration/Civilian Service

123.38. US v Mitchell (CA 2, #30104) 1961: Def, 18, registered under Universal Military Training and Service Act. Aug 1961: Def arrested for civil disobedience re nuclear submarine; convicted; on release from jail received Sel Serv questionnaire. Oct 8: Def notified local bd of disaffiliation from conscription system. Bd sent delinquency notice, classification notice, letter advising classification depends on information from registrant. Dec 3, 1961: Def wrote 3-pp letter elaborating reasons; no response. Jan 31, 1964: Bd sent current information questionnaire. Feb 10: Def replied his position unchanged. Apr 2: ordered to report for physical. May 4: received delinquency notice. May 18: ordered to report June 10. Def notified Bd of his retention of counsel. Aug 18: Bd removed delinquency status, reopened classification. Sept 25: Bd ordered to report for physical. Nov 10: Bd sent notice of delinquency. Dec 14: Bd ordered Def to report for induction Jan 11, 1965. Def indicted for failure to report; $1,000 bail and travel restricted—lifted later. Def moved to dismiss under FRCrP Rule 12 and law of Nuremberg trial: (1) draft call constitutionally invalid; (2) individual must dissociate himself from war crimes of his govt; (3) US committing crimes against peace; (4) US authorities and agents committing war crimes, crimes against humanity; (5) US violates treaties re war and self-determination; (6) Def's pretrial freedom should not be restricted; (7) venue improper; (8) Def entitled to hearing before bd. DC Conn denied motion. Sept 7: jury trial opened. Sept 8: Def discharged atty, sought postponement to obtain new counsel; denied: DC appointed former asst DA over Def's objection. Def convicted: 5 yrs, $5,000. Appeal pending; $5,000 bail.

Fyke Farmer, Esq., 311 American Trust Bldg, Nashville, Tenn; formerly Conrad J Lynn, Esq, 401 Broadway, NYC.

New Haven CLU, amicus on right to counsel of choice.

Memorandum of Law: Lawyers Comm on American Foreign Policy Toward Vietnam, (Cong Rec, Sept 23, 1965). 38 Park Row, NYC.

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123.39. US v Weatherall (ND Ill, E Div, #65 CR 534) June 1965: Def refused to submit to induction: to do so would make him international criminal because war in Vietnam is violation of intl law, US treaty obligations. Jy: indicted under §12 Military Training and Service Act. Oct 27: Motion to dismiss filed; pending.

Leonard Karlin, Esq, 173 W Madison St, Chicago.

123.40. US v Lapp (DC Md, Cr #27048) Oct 22, 1965: Def arraigned; waived counsel, pleaded guilty: 3 yrs.
123.41. US v Wm Cunningham (DC Mass) Def-father arrested: failure to report change of address, to take preinduction physical, to report for induction. Pleaded guilty: 1 yr sentence.
123.42. US v Gustavson (SD NY) Def arrested: refusal of induction; after trial: guilty. Aug 17, 1965: 1 yr and 1 day. Appeal pending.
123.43. US v Beardall (SD NY) Def refused to appear for physical or induction. Convicted. Oct 20, 1965: 2 concurrent 3 yr sentences.
123.44. US v Bassin (ED NY) Def arrested: failing to report to draft bd for induction. Nov 7, 1965: Def pleaded guilty; read statement of reasons for act: 3 mths observation, then paroled, released, or up to 5 yrs.

Herman Adlerstein, Esq, 6735 Rich Blvd, Brooklyn.

123.45. US v Maracle (ND NY) Def, Mohawk Indian, born in NY, lived most of life in Canada. 1965: Def ordered to report for induction into US Army. Oct 20: Def renounced US citizenship, said 1794 Jay Treaty entitles him to dual US-Canadian citizenship, not required to obey US draft law. Nov 15: motion argued.

Mr. Ghobasy, Esq.

And see Sturgis, 371.10, X DOCKET 114.

124. Through Civil Disobedience

124.30. US v Miller (SD NY) Oct 15, 1965: Def, Catholic Worker member, 22, publicly burned draft card. Oct 18: arrested under 1965 act. Oct 27: Def pleaded innocent; $500 bail. Nov 22: trial.

NYCLU, 156 Fifth Ave, NYC.

124.31. US v Steven Smith (DC Iowa) Oct 20, 1965: Def student (U of Ia), 20, burned draft card; arrested; rejected bail pending trial.

Defend Iowa Students Comm, 415 E Washington, Apt 2, Iowa City.

125. Through Military Disobedience (see also 122, 356)

125.1. Re Winstel Belton (US Army Ct Martial, Ft Sam Houston, Tex) Aug 7, 1965: Def Negro Pfc began hunger strike at Ft Benning, Ga. Aug 14: stopped hunger strike after 3d Brig, 1st Cav shipped to Vietnam. (See Jackson, 125.2). Oct 5: Def court-martialed: malingering by starvation. After trial began, Def told possible sentence (5 yrs) could be suspended if Def pleaded guilty without raising issues of legality of Vietnam War and Nuremberg principles. Def pleaded guilty: 5 yrs at hard labor, dishonorable discharge. Oct 14: On review, sentence: 1 yr, suspended; suspended bad conduct discharge. Def sent to Vietnam without protest.

George Altman, Esq, 424 S Beverly Drive, Beverly Hills, Calif.

125.2. Re Jackson, Brown, Clark, Green (US Army Ct Martial, 1st Cavalry Div, An Khe, S Vietnam) Sept 1965: 4 Negro enlisted men charged with refusal to obey orders to board troop train in US or to stop hunger strike at sea; one also charged with threatening to kill noncommissioned officer. Aboard troopship: Jackson ct martialed: convicted: 6 mths in stockade. Oct 16: ct martial in Vietnam convicted 3 other Defs: 2, 5, 10 yrs at hard labor, bad conduct discharges, forfeiture of pay allowances.

And see Belton, 125.1.

125.3. Re Michael Yankee (US Navy Ct Martial, Honolulu) Def, electronics seaman, 20, said he does not believe in war or physical violence; arrested: disobeying petty officer and officer, being AWOL. Oct 12, 1965: convicted: 3 mths at hard labor, bad conduct discharge.
125.4. Re Jack Gorman (US Marine Corps Ct Martial, Honolulu) Def Pvt, 19, threw sea bag into ocean to show objection to military service; arrested: refusing to report for duty. Oct 21, 1965: convicted: 5 mths in stockade, bad conduct discharge.
125.5. Re Larry Bobbitt (US Navy Ct Martial, Honolulu) Mar-Oct 1965: Def fireman, 19, refused to wear Navy uniform; arrested 7 times; ct martialed 7 times: refusal to report for duty. Oct: Convicted; to be sentenced.
125.6. Re Bert Kanewske (US Navy, Great Lakes Naval Training Center) Def seaman became CO, refused to obey orders. Nov 21, 1965: summary ct martial; convicted: restricted to Station 30 days.

Robert Drake, Esq, 11 S LaSalle, Chicago.

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125.7. Re Michael Fram (US Army, Oakland Terminal) 1964: Def, 22, drafted, immediately sought discharge for incompatibility; denied. Feb 1965: Def went AWOL: 45 days, loss of Pfc. Oct 1: During briefing re Vietnam Day Comm march Oct 16, soldiers asked whether any sympathetic to VDC; Def said yes. Oct 4: Def questioned about views. Oct 8: Def transferred to Ft Huachuca, Ariz.

And see Hurwitt, 16.1.

125.8. Re Roger Newby (US Army, Ft Monmouth) Feb 1963: Def, 17, enlisted. Feb 1965: reenlisted; became absolutely opposed to US intervention in Dominican and Vietnam, tho not opposed to "war in any form" and for military defense of US. Sept: ordered to Thailand; went AWOL 2 wks to think; returned, refused order. Oct 7: ct martialed; convicted: 3 yrs at hard labor, forfeiture of pay, demotion to Pvt, dishonorable discharge.
126. Miscellaneous Cases

126.1. Eminente v Pres Johnson, McNamara, Rusk (CA DC, #19,802) Pl, French citizen and resident, owns property in N Vietnam, sues Defs, not in their official capacities, for bombing N Vietnam and damaging Pl's property in affirmative acts of war without US declaration thereof solely to destroy system of production wholly outside US boundaries, not for public benefit of US but private benefit of special US interests, in violation of US constitution, treaties, and law of nations. Pl seeks injunctive relief, under 28 USC §§1332(a) (2), 1332(d), 1350, 1391, against Defs, not US govt, and damages incurred—over $1,000,000, argues immunity does not protect US officer, incl Pres, from liability as individual re acts and scienter clearly beyond his authority. Defs filed no answer. US Atty filed motion to intervene amicus to suggest Johnson not subject to ct's jurisdiction; motion to dismiss Johnson granted. DC granted other 2 Defs' motion to dismiss. Appeal pending.

George T. Altman, Esq, 424 S Beverly Drive, Beverly Hills, Calif; Lola Boswell, Esq, 927 - 15th St NW, Washington, D.C.

126.2. California v Plagowski (San Francisco Muni Ct, #K-52012) Sept 1965: Def placed anti-Vietnam War leaflets in doorways; arrested: tossing rubbish in streets (SF Muni Code §33). Sept 3: Public defender submitted on police report, said section not applicable to political literature. Ct: "Maybe they should have cited him under the Fedl-Smith Act. That's close to treason. . . . Have you considered charging him under a more serious violation?" DA: "I have not. . . ." Convicted: 30 days. Ct: "Do you think you know more than the President. . . . and all of his advisors?" Appeal pending.

Frederick Smith, Esq, Asst Public Defender; Marshall Krause, Esq, 503 Market St, San Francisco, for ACLU.

126.3. Orr v US, Crown Pt, (Ind) Draft Bd (Crim Ct) Oct 26, 1965: Pl, mother of son drafted by Def-Bd, filed class suit on behalf of self, daughter, all other people in US and in all nations, for injunction against inducting son, alleging Selective Service Act unconstitutional under Bill of Rights and in violation of Ten Commandments. Pending.

And see Otsuka, 502.Calif.3.

130. Denial of Tax Exemption to Institutions (see also 202, 266)
140. Sunday Closing Laws

140.32. New York v Paine Drug Co (NY Ct of App) Facts: X DOCKET 141. Cite: 208 NE2d 176.
140.33. New York v Corpora (NY Ct of App) Facts: X DOCKET 141. Cites: 204 NE2d 338, amended 205 NE2d 876, 380 US 520.
150. Miscellaneous Restrictions
151. In Prisons

151.6. Cooper v Pate (ND Ill) Facts: X DOCKET 27, 143.

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

151.11. Cooke v Tramburg (NJ Sup Ct) (205 A2d 889, 1964) Facts: X DOCKET 103. Note: 38 Temple 346-50.
152. In Other Places

152.9. California v Woody (Calif Sup Ct) (394 P2d 813) Facts: X DOCKET 27. Notes: 17 Stanford 494-501, 14 Catholic U 120-23, 6 Arizona 305-10.
FREEDOM OF ASSOCIATION: AFFECTING THE ORGANIZATION (200-239)
200. Organizational Privileges Challenged
Article: Charles E Rice, The Constitutional right of association, 16 Hastings 491-508.
201. As to Meetings (see also 11, 63)
202. As to Tax Exemption (see also 130, 266)
And see Girard College, 522.Pa.1a; Rice Univ, 522.Tex.24.
203. As to N.L.R.B. Certification (see also 245, 291)

203.3. US v R Dennis (CA 10) (302 F2d 5) Facts: X DOCKET 28. Je 28, 1965: CA upheld convictions for conspiracy to file false statement under oath. Denied motion for reh'g. Appeal pending.
204. As to Continued Existence (see also 63, 213, 223)
210. Compulsory Registration
211. Under 1950 Internal Security (McCarran) Act

211.1a. US v Communist Party (DC DC, Cr ##1010-61, 202-65) Facts: X DOCKET 103. 1965: Def moved to dismiss: faulty premise of McCarren Act that Party is "conspiracy" directed from Moscow disproved by current real disagreements within Communist world. Nov 2: DC denied motion. Nov 4: At trial, 3 ex-CP member-FBI agents testified to their willingness to register Party.
211.1d-.1m. Albertson and Proctor v SACB (USSC) Facts: X DOCKET 27, 103, 141. Nov 15, 1965: USSC reversed (unan), Brennan, J: (1) test of constitutionality of orders requiring individual members to register not premature since Appts claimed privilege; (2) to require Appts to wait for decision until prosecuted would deny them protection of Fifth Amdt privilege; (3) Act contemplated adjudication of all claims before criminal prosecution; (4) registering obviously creates risks of incrimination under Smith Act membership clause (18 USC §2385) or Subversive Activities Control Act (50 USC §783(a)); (5) Forms IS-52 and 52a both require incriminatory statements, distinguishing Sullivan (274 US 259); (6) §4(f) savings clause does not save registration orders from 5th Amdt challenge; (7) "The judgment as to whether a disclosure would be `incriminatory' has never been made dependent on an assessment of the information possessed by the Gov't at the time of interrogation"; (8) "The representation that the information demanded is of no utility is belied by the fact that the failure to make the disclosure is so severely sanctioned." Black, J, conc on his 1st Amdt grounds in CP v SACB, 211.1, 367 US 1; Harlan, J, conc; (White, J, did not participate).
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211.1n-.1u. Kennedy v Taylor, Dobbs, Stanford, Libson, Gabow, Libson, Tormey, Nelson (SACB) Facts: X DOCKET 28, 103. Parties had agreed outcome to depend on Albertson, 211.1d.
211.9. Am Comm for Protection of Foreign Born v SACB (SACB) (380 US 503) Facts: X DOCKET 28, 141. Nov, 1965: SACB began new h'gs on whether Pl is "communist front" after USSC remanded because evidence was too stale.
211.15. Kennedy v Advance (SACB) Facts: X DOCKET 29. Intervenor moved to place case in indefinite abeyance because of dissolution of Resp-organization. Sept 10, 1965: SACB granted motion.
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
222. By Congressional Committees
And see cases at 271.
223. By State Authorities (see also 24, 281)
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 Membership Only
243. Under 18 USC §2384
244. Under Kennedy-Landrum-Griffin Act (see also 203, 291)

244.1. US v Brown (USSC) Facts: X DOCKET 29, 142. Cite: 381 US 437.

And see Anderson, 269.7, 269.7a.

245. Under State Laws (see also 54)

245.15. Indiana v Levitt, Bingham, Morgan (SD Ind, #IP 65-C-462) Facts: X DOCKET 30, 104, 142.

And see 245.15a.

245.15a. Levitt v Indiana (SD Ind, Indianapolis Div) Suit by Defs in 245.15, Young Socialist Alliance and professors at Indiana Univ to enjoin enforcement of state anti-Communist act. Pending on motion for summary judgment.

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

246. Under 1950 Internal Security (McCarran) Act

246.1. US v Robels (WD Wash, #50676) Facts: X DOCKET 31, 142. Oct 5, 1965: DC dismissed indictment, held: "If Robel's activities remain unchanged except that he gives up his [Communist] party membership, then there is no guilt; no crime is committed. Still the Government contends that being a Communist is not criminal . . . when criminal guilt is dependent upon a person's association with a large class of people, questions of First Amendment freedoms and due process under the Fifth Amendment hover in the background. . . ."
250. Civil Disabilities for Membership: Federal
251. In Federal Employment (see also 30, 268)

251.15. Dew v Halaby (USSC) Facts: X DOCKET 31, 142. Cite: 379 US 951.
252. As to Passport Applications and Right to Travel
UN DECLARATION OF HUMAN RIGHTS: Art 13(1)
252.34. Aptheker v Rusk (378 US 500) Facts: IX DOCKET 89. Case notes: 49 Minnesota 757-62; 10 NYL Forum 620-27: 2 Houston 406-11; 19 Southwestern 138-46.
252.35. Zemel v Rusk (381 US 1) Facts: X DOCKET 31, 104, 142. Case notes: 50 Cornell 262-82; 18 Vanderbilt 231-37.
252.36. MacEwan v Rusk and Kennedy (CA 3, #14920) (344 F2d 963) Facts: X DOCKET 31, 104. 1965: CA affirmed denial of passport validation for travel to Cuba based on Zemel, 252.35. Case closed.
252.58. US v Travis (CA 9) Facts: X DOCKET 32, 104. Nov 19, 1965: CA affirmed conviction.
252.59. US v Laub (ED NY, 64-Cir-137) Facts: X DOCKET 32, 105. Oct, 1965: 12 day trial, testimony revealed recruitment of student volunteer FBI agents. DC reserved decision.
253. As to Army Discharges (see also 122, 341)
254. As to Veterans Disability Payments

254.2. Thompson v Gleason (DC DC, Civ #1853-59) Facts: X DOCKET 32, 105, 143. Aug, 1965: Appeal dismissed by stipulation of parties. Oct: Pet died.
255. As to Social Security Benefits (see also 263, 346, 422)
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256. In Housing Projects (see also 423, 530s)
And see Dew, 73.Ala.3.
257. As to Federal License Applications
Comment: The FCC: Protector or censor? 38 S Calif 634-71.
258. Through Deportation Proceedings (see also 358)
UN DECLARATION OF HUMAN RIGHTS: Art 14(1)
258.15. In re Joseph Sherman (CA 2) (350 F2d 894) Facts: X DOCKET 33, 105. Sept 22, 1965: CA reversed deportation order, held deportation a more serious penalty than many criminal sanctions; as "to long term resident . . . Gov't must prove beyond a reasonable doubt the facts upon which deportation depends"; flimsy testimony of one witness as to events 28 yrs previous inadequate; remanded to Service. Nov 5: DC granted Gov'ts petition for reh'g for en banc determination. Pending.
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
262. In Teaching (see also 24, 267, 281, 342, 571)

262.9. Bd of Trs, Fullerton Jr College v Phillips. Facts: X DOCKET 33, 105. Summer 1965: Def-Bd awarded Pl-teacher a settlement of $15,000 compensatory damages for losses due to 1962 dismissal.
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, 143. 1965: Realty Bd agreed to admit Pl-Morgan if Pls' claim for damages dropped. Case settled.

And see 573.39, 575.40.

265. In Proceedings Against Attorneys and Bar Applicants (see also 345, 373)

265.29. Re Frazier (New Bern) (NC State Bar) Facts: X DOCKET 106. Pending.
265.30. In re Terence Hallinan (Calif State Bar Comm of Bar Examiners) Pet, natl officer of WEB DuBois Clubs, passed bar exam. 1965: H'g Sub-comm held h'gs, found Pet lacks good moral character because of: (1) beliefs re civil disobedience, (2) sit-in arrests at Sheraton-Palace (58.16), Auto Row (58.18); no evidence Pet advocated violent overthrow of govt; recommended against his admission to practice. Appeal to Comm pending.

Benjamin Dreyfus, Esq, 501 Fremont Bldg, 341 Market St, San Francisco.

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

269.7. Anderson v Carpenters Union (DC Minn) (51 LC #19,749, 99 Labor Law Rep 2) 1965: Union tried Pl for allegedly giving false answers to questions re membership in Communist Party; expelled Pl. Pl sued for reinstatement. DC ruled: trial fair under Landrum-Griffin Act's test for fairness, refused to make independent evaluation of evidence.
269.7a. Re Anderson and Twin City Carpenters Dist Council (NLRB, Minn) (1965 CCH NLRB #9376) Pl-carpenter in 269.7 lost job, charged Union caused this. 1965: NLRB held Pl's discharge due to pressures generated by spontaneous refusals of union members to work with expelled carpenter.
270. Criminal Penalties for Nondisclosure (see also 330)
271. Before Congressional Committees (see also 222, 330)
Dialogue: Thomas Emerson and Francis McNamara, On constitutionality of UnAmerican Activities Comm. 1965. Natl Comm To Abolish HUAC, 555 N Western Ave #2, Los Angeles.
271.12. US v Gojack (USSC, #594) (348 F2d 355) Facts: X DOCKET 34, 143. Oct 1965: CA DC affirmed. Dec 6: USSC granted certiorari.
271.19. US v Price (CA DC, #18374) (347 F2d 473) Facts: X DOCKET 34, 106. Apr 29, 1965: CA reversed, based on Liveright, 271.20.
271.20. US v Liveright (CA DC, #18286) (347 F2d 473) Facts: X DOCKET 34. Apr 29, 1965: CA reversed, held subpoena invalid because authorized by Senate Subcomm chairman only, not by entire Subcomm; Def can assert invalidity of subpoena when charged with contempt tho did not object at h'g.
271.40. US v O'Connor (ND NJ) (Cong Rec 2321-22, Feb 21, 1961) Facts: X DOCKET 34. 1959: Def writer indicted for refusal to appear before HUAC. Je 24, 1960: DC granted Def's motion under Rule 17(c), Fedl Rules of Crim Proc to produce (1) original minutes re earlier HUAC meetings on Def; (2) all material in HUAC files re Def and ECLC. House of Reps voted not to produce. 1965: Indictment dismissed on motion of Govt.
271.49. US v Nixon, Wilson, Allen (CA DC, ##19501, 2, 3) Facts: X DOCKET 106. Defs' additional points on appeal: (1) indictments defective for failing to set out specific topic of inquiry; (2) Govt failed to prove essential allegation in indictment. Amicus brief argued judiciary should not aid in protecting against contumacy because h'g was unfair, meant to harass, intimidate, expose and punish. Jan 18, 1966: appeal argued.

Amicus appearance by Gregory Hankin, Esq, 2020 Tilden St, NW, Washington, DC for Women's Strike for Peace.

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271.50. Stamler and Hall v Willis, Ashbrook, HUAC (CA 7, ##15268, 9) Facts: X DOCKET 143. DC denied Pls' request for 3-judge ct to hear injunction action, dismissed. Pls appealed. CA denied Pls leave to remand to file supplemental complaint to describe Pls' refusal to testify at HUAC h'gs. Intervening Pl-Appt, Milton Cohen, argues on appeal: (1) single judge does not have power to dismiss complaint requesting injunction from 3-judge ct; (2) if no 3-judge ct required, DC should have tried non-constitutional issues raised; (3) 3-judge ct must be convened when diversity or non-frivolous fedl question in injunction action, here both requirements are met; (4) HUAC violated its own rules for protection of witnesses; that violation is judicially reviewable.

Prof Harry Kalven, Jr, U of Chicago and Richard Orlikoff, Esq, 7 S Dearborn, Chicago, for intervening Pl-Appt.

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

272.3a. DeGregory v Atty Genl of New Hampshire (formerly Maynard v) (USSC) Facts: X DOCKET 35, 106, 144. Oct 18, 1965: USSC noted probable jurisdiction.
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)

281.1a. Baggett v Bullitt (377 US 360) Facts: IX DOCKET 91. Case notes: 26 Ohio St 128-39; 25 Md 64-70; 10 NY L Forum 612-19; Loyalty oaths in Pa since Baggett, 26 Pittsburgh 621-27.
281.16. Macks v Calif Bd of Educ (San Francisco Super Ct) Facts: X DOCKET 35, 107, 144. Pls sued Def, challenging Levering Act loyalty oath: constitutionality, vagueness for failure to define kind of advocacy prohibited.
281.21. 160 Professors v Georgia (Atlanta) (ND Ga) Aug 10, 1965: 160 profs at 13 institutions filed for temporary restraining order to prevent state authorities from firing, or refusing to hire profs who refuse to sign 3 oaths required of all teachers: (1) 1935 oath of allegiance, (2) 1940 non-Communist oath, (3) 1953 non-membership in 250 subversive organizations oath, and for 3-judge ct to declare acts unconstitutional. Pending.

Emmet J Bondurant, Esq, for Ga CLU; Prof D Mead Field, U of Ga; Hugh Gibert, Charles Morgan, Esqs, 5 Forsythe St, all of Atlanta.

282. By Others (see also 343, 344)

282.12. Hofberg v County Civ Serv Commn (Los Angeles Super Ct) Facts: X DOCKET 107. Sept 1965: Super Ct reversed; held denial of employment for refusal to testify before HUAC denied Pl due process, was "arbitrary, discriminatory and patently unreasonable." Appeal pending.
290. Penalties for False Disclosure
291. Under Taft-Hartley Oath (see also 203, 245)
292. On Government Security Questionnaires
293. In Miscellaneous Cases

293.4. Wellbaum v State Bd of Educ (Los Angeles Super Ct, #830731) Facts: X DOCKET 35. 1965: Super Ct held refusal to renew teaching credential invalid as to teacher who did not deny past membership in Communist Party, answered all questions in Dilworth Act h'g, denied he belonged to organization advocating overthrow of gov't within 5 yrs. Pending on reconsideration before Def.
293.5. Ohio v Donald Freeman (Cleveland) (Cuyahoga Co Ct of Com Pleas) Def employee of School Bd wrote article in Black America, nationalist paper of Revolutionary Action Movement. Mar 1965: Bd fired Def. Apr 15: Bd asked Def questions. June 8: Def indicted for perjury before Bd re: whether home sick May 1, 1964, or in Nashville. Pending.

Stanley E Tolliver, Esq, Cleveland.

295. Right of Privacy (and 301, 302, 303, 421)
And see Parrish, 413.8.
295.6. Am Sunbathing Assn and Tennessee Outdoor Club v Tennessee; Roberts v Gov Clement (DC Tenn, Knoxville Div, #5410) Sept 14, 1965: Pl nudists and assns sued for declaratory judgment and injunction, under 28 USC §§2281, 2284, 1343; 42 USC §1983; 1st, 5th, 9th, 14th amdts, to restrain enforcement of 1965 Tenn statute prohibiting nudist practices and operation of nudist colony. Pending.

Bernard E Bernstein, Esq, 1200 Hamilton Bank Bldg, Knoxville; Donald L Dennison, Esq, 924 Munsey Bldg, Washington, DC.

295.7. New York v Baird (Mineola Sup Ct) May 13, 1965: Def, Parents Aid Society director, arrested: distributing birth control information. Sept 1: Amendments to laws take effect making distribution of information legal, but not retroactively. Sept 21: Trial set, pending.

Book: Dorothy D Bromley, Catholics and Birth Control. Devin-Adair Co. 222 pp. $4.95.

Hearings: Subcomm on Constitutional Liberties, Sen Judiciary Comm: Psychological testing and rights of Fedl employees: Transcripts available.

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

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

Report: US Commn on Civil Rights, Law Enforcement: A report on equal protection in the south. 1965. Govt Printing Off, 75c.

Hearings: US Commn on Civil Rights: On administration of justice, in Jackson, Miss, Feb 16-20, 1965. Govt Printing Off. $1.75.

Article: Harold Norris, Constitutional law enforcement is effective law enforcement: Toward a concept of police in a democracy and a citizens' advisory board, 43 U of Detroit 203 (1965).

300. Searches and Seizures (and see 295)
UN DECLARATION OF HUMAN RIGHTS: Art 12

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

Articles: Wayne R LaFave and Frank J Remington, Controlling the police: The judge's role in making and reviewing law enforcement decisions, 63 Michigan 987-1012.

Lawrence Herman, The Supreme Ct and restrictions on police interrogations, 25 Ohio State 449-500.

Comment: Police power to stop, frisk, and question suspicious persons, 65 Colorado 848-66.

New requirement for search warrants, 18 Southwestern 722-29.

301. By Electronic Eavesdropping

301.20. US v Sen Harris (ED La, Baton Rouge Div, ##1422-1424) Facts: X DOCKET 36. Dec 13, 1965: Trial.

Guy Johnson, Esq, Baton Rouge.

Article: Robert J. Kent, Wiretapping: Morality and legality, 2 Houston 285-327.

Comments: The "physical trespass" doctrine and adaptation of 4th Amdt to modern technology, 2 Tulsa 180-84.

Requisites of admissability of sound recordings, 18 Oklahoma 87-91.

302. In Other Federal Criminal Cases
Article: Philip M Carden, Fedl power to seize and search without a warrant, 18 Vanderbilt 1-35.

Student Symposium: Probable Cause: 4th Amdt principles and Supreme Court practice, 25 Ohio State 502-76.

Case notes: Authorization by spouse of search and seizure in absence of Def or suspect: Roberts v US (332 F2d 892, 8th Cir 1964), 49 Minnesota 565-70.

303. In Other State Criminal Cases
Case notes: Does unreasonable search extend to sight and hearing: California v Hurst (325 F2d 891, 9th Cir 1963) 37 Colorado 153-56.

Information supplied by anonymous informer must be corroborated to constitute probable cause to search or arrest without a warrant: California v Reeves (391 P2d 393, 1964) 2 San Diego 158-64.

Permission to search by joint tenant violates other joint occupant's right to privacy: Tompkins v California (378 P2d 113, 1963) 41 Detroit 552-7.

Nonvictim of illegal search without standing to invoke exclusionary rule: New Jersey v Nobles (191 A2d 793 App Div 1963) 40 New York 384-86.

Frisk distinguished from constitutional search: New York v Rivera (201 NE2d 32, 1964) 31 Brooklyn 174-76.

Use of indigent Defs in police lineups denial of equal protection with an assist from due process: Butler v Crumlish (229 FSupp. 565, ED Pa 1964) 113 Pennsylvania 774-81.

Search and seizure incident to arrest for traffic violation: Barnes v Wisconsin (130 NW2d 264, 1964) 48 Marquette 610-15.


303.55. New York v LaVerne (NY Ct of App) (200 NE2d 441) X DOCKET 108. Case notes: 50 Cornell 282-93; 1965 Duke 158-64.
303.57. Ohio v Bernius (Ohio Sup Ct) Facts: X DOCKET 144. Cite: 203 NE2d 241.
304. Suits for False Arrest, Police Practices (see also 151, 353, 580, 590)
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.


304.16. Lucero v Donovan, Carnover (Los Angeles) (CA 9) Facts: X DOCKET 37. Nov 23, 1965: CA reversed directed verdict against Pl, held Pl entitled to recover against Def-police officers on 1 or more of 3 grounds established by evidence.
304.21. Ware v Johnson (MD Ga, Albany Div, #749) Facts: X DOCKET 38, 108. No appeal taken. State criminal charges against Pl dismissed after Pl questioned method of jury selection.

And see Rabinowitz, 55.68.

304.34. Giancana v J Edgar Hoover, Johnson (335 F2d 366, cd 85 S Ct 718) Facts: X DOCKET 38, 145. Case notes: 50 Iowa 1282-88; 49 Minnesota 558-65.
304.35. Griffin v Kerr (Berkeley) (ND Calif, #42245) Facts: X DOCKET 38, 108, 145. Jan 25, 1966: Trial.
304.46. Evans v Jones, Jacobs (CA 4) Facts: X DOCKET 109. Oct 1965: Trial before all-white jury; evidence demonstrated that when Pl got into Def-Sheriff's auto he was in good physical condition; that Sheriff's deputy drove to his own house and accused Def of leering at his wife; on return to Pl's house, Def's arm was broken. Jury out 5½ hrs; found for Def on all factual issues. Appeal pending.
304.47. Zellner v Lingo, Painter (Montgomery) (CA 5) Facts: X DOCKET 40, 109. Jan 18, 1965: CA 5 dismissed appeal on unopposed motion of appellees.
304.50a. Intl Bhd of Elec Workers v Jackson City Officials, Mississippi State Officials (SD Miss, Jackson Div) Facts: See 304.50, X DOCKET 109. Universal Mfg Company built with bond issue floated in Simpson County. 1964: Pl-Union started to organize Company workers; organizers threatened, told to leave County in 12 hrs; Defs halted distribution of Pl's handbills, refused police protection to Pl. 1965: Pl sued for $125,000 damages; pending.

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

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304.60. Dayton Newspapers Inc v Dayton (CA 6) (345 F2d 677) Facts: X DOCKET 145. Correction: CA reversed and remanded for trial: held complaint sufficiently charged deprivation of publisher's right to gather news without discrimination in favor of reporters from other publications. Pending in trial ct.
304.67. Re Alabama State Troopers, Dallas Co Officials (Mobile, Ala) (US Grand Jury) Sept 21, 1965: Fedl grand jury refused to return indictments against Defs who allegedly brutally suppressed Mar 7, 1965 attempted civil rights "Walk for Freedom."

And see 55.Ala.8.

304.68. Gordon v Fla State Trooper (Tallahassee) (ND Fla) Florida State Univ officials assured Pl, CORE field secretary, that annual fraternity parade would have no floats degrading Negroes. One float carried girl in "black face" being beaten by white man with whip. When Pl blocked passage of float, state trooper ordered driver of horsedrawn wagon to run over Pl. Nov 8, 1965: Pl sued Trooper, wagon driver; pending.

John Due, Esq, CORE, 540½ W Brevard St, Tallahassee.

304.69. Fenton v Loe (Jonesboro, Jackson Parish) (La DC) Aug 10, 1965: Defs, Sheriff and deputy, beat Pl, white CORE worker, while in jail. Aug 23: Pl sued under §1983 for $100,000 damages. Defs pleaded 5th Amdt privilege to taking of depositions. Pending.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson, Miss.

304.70. Raymond v Sessums (Morton) (Miss DC) Je 16, 1965: Pl, 10 other civil rights workers arrested; Pl shot at and beaten by Def, town marshal. Aug 16: Charges dismissed against civil rights workers. Nov 2: Pl sued Def for money damages.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson.

304.71. Gordon v Evans (Lexington) (ND Miss) May 2, 1965: Pl, local Negro, beaten by Def, deputy sheriff, while in jail. June: Pl sued for $100,000 damages, joined bonding co; Nov 17: trial.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson.

304.72. Blackman v Bennett (Carroll Co) (Miss DC) Jy 19, 1965: Def, sheriff, beat Pl during demonstration. Sept 6: Pl sued under §1983 for $85,000 damages. Pending.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson.

304.73. Winston v Weber (Cambridge) (DC Md) Defs arrested Pl, of Non-Violent Action Comm, for nonexistent offense: "failure to identify himself." Aug 18, 1965: Pl filed $50,000 civil suit against 2 policemen, police chief, sheriff and deputy sheriff for false arrest under 42 USC §§1983, 1985, 1986. Pending.

Marvin Braiterman, Esq, 506 Tower Bldg and Elsbeth Levy Bothe, Esq, 41 W Preston St, both of Baltimore.

304.74. Ball v Miner (LA Super Ct) Dec 18, 1961: In early morning, 2 police officers stopped car driven by friend of Pl, Negro woman passenger in vehicle; driver questioned in squad car by one officer, while Def Officer remained in car with Pl. After "offering" Pl to other officer in exchange for driver's freedom and having offer turned down, Def forced Pl to submit to act of oral copulation. Both Pl and driver then released without charges. Pl sued Def. Def resigned from police force. Aug 1965: Case settled out of ct for $1200 and ct costs.
304.75. Phillips v O'Connell (San Francisco Super Ct, #518420) Pl Negro, former warehouseman, went to police station to arrange bail for friend, didn't answer some questions as police wished; beaten, arrested. Jan 29, 1962: Pl filed suit for damages for assault and battery by police, false imprisonment. Oct 1, 1965: in jury trial, Def policeman testified differently than on pretrial deposition; verdict for Pl, $1000 judgment. City and Co filed lien for $1824 hospital care and services to Pl after beating.

James Herndon, Esq, 341 Market St, San Francisco.

304.76. Treuhaft v Madigan, Coakley, Meese (Berkeley) (Alameda Co Super Ct) Dec 3, 1964: Defs arrested Pl, attorney, in Free Speech Movement sit-in at Univ of California when he went into administration building to advise his clients. Facts: Savio, 24.37, X DOCKET 88, 133. Pl moved for separate trial; granted. Pl moved for indefinite continuance because potential jurors have been prejudiced by widespread hostile publicity. Oct 8, 1965: Motion granted. Oct 15: Pl sues for $200,000 damages for false arrest.

Benjamin Dreyfus, Esq, 341 Market St, San Francisco.

304.77. California v Kesey (San Mateo Super Ct) Apr 23, 1965: Police raided Def's home, later arrested Def: possession of marijuana. Aug 24: Def petitioned DCA to challenge warrant and prevent Super Ct trial, because State's evidence resulted from illegal search: deputy sheriff obtained warrant because he believed Def's 2 novels dealt with drugs, based on information from phone calls to 2 book stores; sheriff had not read books. Pending.
304.78. Theodore Jones' Family v New York City (Brooklyn Sup Ct) Jy 24, 1965: Crichlow, Negro policeman, arrested Jones, 20, Negro, while street dancing with friends at Coney Island; Crichlow hit Jones with night stick; Jones taken to hospital, X-rayed, wound stitched, returned to police station. Jy 26: Jones returned to hospital: fractured skull, after operation, Jones died. Oct 21: grand jury heard conflicting testimony: Crichlow claimed when Jones was arrested, he tried to retrieve his wallet, Crichlow reacted "instinctively" with night stick: others testified Jones made no move, attack unprovoked; returned no true bill. Jones' family suit for $1.5 million damages pending.

NYCLU, 156 Fifth Ave, NYC.

304.79. Re Police Officers Holly, Fitzpatrick (Bronx Grand Jury) Jy 1965: Rodriguez, apprentice barber, arrived from Puerto Rico. Sept: Officer Holly arrested Rodriguez: carrying a razor; charges dismissed. Oct 16: 2 officers, in civilian clothes, put Rodriguez in car, beat him, threw him out of car; later came to barber shop in uniform, attacked Rodriguez. Oct 16-26: Rodriguez in hospital. Nov 5: 2 officers suspended pending police investigation.

Richard Marlow, Esq, 50 Broad St, NYC.

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304.80. Re Liebowitz (Brooklyn Grand Jury) Jy 15, 1965: White policeman shot Negro, Nelson Erby, 5 times; Erby died. Policeman claimed Erby resisted arrest, attacked him with a knife, took his gun and shot him; other witnesses claimed Erby unarmed, policeman shot himself in scuffle. Grand jury found Def acted in self defense, refused to return indictment. Aug 30, 1965: CORE filed amicus curiae brief with Kings Co Sup Ct: (1) Erby did not commit disorderly conduct, so arrest unjustified; (2) Erby had right to resist unlawful arrest; (3) grand jury's report not supported by weight of evidence. Pending.

George Schiffer, Esq, CORE, 38 Park Row, NYC.

And see McAdoo, 333.20a, X DOCKET 111.

304.81. Re Johansen (New York) (Sup Ct) (253 NYS2d 830) Nov 16, 1964: NY statute directs police to return all fingerprints, etc, taken of Def on determination of criminal proceeding in favor of Def. Def here accepted plea to "traffic infraction" for driving while impaired, in place of original charge of driving while intoxicated (misdemeanor). Ct held substitution of lesser charge constituted dismissal of criminal proceedings, ordered Def's records returned.
304.82. New York v Cruz (NYC) Summer 1965: Def arrested for murder; 20 police questioned Def 12 hrs before booking him; Def confessed with "astonishing" accuracy. Records showed Def in Bronx jail at time of killing. Charges dismissed. NYCLU asked Gov to investigate police interrogation procedures, civilian review bd.

Herman Blitz, Henry De Suvero, Esqs, NYCLU, 156 5th Ave, NYC.

304.83. US ex rel Rosecrans v Warden (MD Fla, Jacksonville Div) Feb 16, 1964: Rel bombed home of Negro enrolled in all-white school to intimidate him; arrested: confessed: 7 yrs. Rel filed habeas petition. Sept 7, 1965: At h'g, Rel testified 3 FBI agents promised state charges would be dropped if Rel confessed, otherwise they would testify against him—possible 20 yrs. No state charges filed. Pending.
304.Misc.2. Nichols, McCauley, Brunt v US (ND Miss, ##WC-6426, WC6431, WC6350) (236 FSupp 260) Pls, Miss policemen, sought damages under Fedl Tort Claims Act for alleged injuries from use of tear gas by fedl marshals during attempt to enroll Meredith at U of Miss, 522.Miss.1. Dec 2, 1964: DC granted Def's motion for summary judgment: essence of claim was assault and battery, within statutory exceptions to Act for intentional torts.
310. Indictment
311. Challenge to Grand Jury Composition (see also 510s)
312. Attacks on Character of Evidence
Book: Henry B Rothblatt, Handbook of evidence for criminal trials. 1965. Prentice Hall.
313. Charge of Entrapment
314. Charge of Conspiracy

314.8. California v Williams and Hendrix (Calif Sup 1963: Defs convicted of stabbing dope pusher. Oct 23, 1965: Sup Ct reversed: trial judge prejudicially erred in instructing jury it must find Defs guilty of 2d degree murder if killing occurred during conspiracy to obtain drugs.
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

321.12. US v Tateo (377 US 463) Facts: IX DOCKET 95. Case notes: 43 Texas 381-86; 10 NY L Forum 632-6; 43 North Carolina 398-404.
322. In State Cases
Comment: Double jeopardy v double punishment: Confusion in California, 2 San Diego 86-100.

Case notes: Traditional, single test approach rejected in favor of decision based on underlying policies, balancing of interests: New Jersey v Currie (197 A2d 678, 1964) 49 Minnesota 738-45.

Bar to imposition of more severe sentence at retrial? California v Henderson (386 P2d 677, 1963) 19 Oklahoma 163-67.


322.7. Martinis v Supreme Ct, Criminal Term (formerly New York v Martinis) (NY Ct of App) Facts: X DOCKET 146. Cite for decision reversing order granting writ (on petition for probation), directing Def's petition be dismissed: 206 NE2d 165.
322.10. California v Purvis (ND Calif) Facts: X DOCKET 110. Cite: 234 FSupp 147.
330. Self-incrimination: Criminal Sanctions for Exercising Privilege (see also 270)
Comments: Required information and privilege against self-incrimination, 65 Columbia 681-95.

Advice to assert privilege against self-incrimination: Crime or constitutional mandate? 53 California 611-26.

Case note: Effect of plea of guilty on privilege against self-incrimination: Knox v Maryland (198 A2d 285, 1964) 13 Kansas 590-94.

331. Before Congressional Committees
332. Before State Committees
Article: Hon Nathan R Sobel, The privilege against self-incrimination "federalized", 31 Brooklyn 1-49.
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332.1. Malloy v Hogan (378 US 1) Facts: IX DOCKET 95. Case notes: 7 Arizona 124-30; 29 Albany 129-33; 37 Colorado 157-59; 31 Brooklyn 166-70; 18 Vanderbilt 744-48; 9 Saint Louis 425-31; 11 Howard 237-42; 10 NY L Forum 602-12.
333. Before Grand Juries and Tribunals

333.20. New York v Barnett (NY App Term, 1st Dept) Facts: X DOCKET 40, 110, 146. Sentences: 4 mths each. Appeals pending.
333.23. New Jersey v Davis (NJ Sup Ct) Facts: X DOCKET 147. Cite: 212 A2d 919.
333.24. New Jersey v Ripa (NJ Sup Ct) Facts: X DOCKET 147. Cite: 212 A2d 22.
334. Grants of Immunity: Federal
335. Grants of Immunity: State
Comment: Federalism and the fifth: Configurations of grants of immunity. 12 UCLA 561-85.
335.11. Murphy v Waterfront Commr of NY Harbor (378 US 52) Facts: IX DOCKET 96.

Case notes: 31 Brooklyn 147-62; 10 NY L Forum 627-32; 42 Chicago-Kent 59-63.

336. Criminal Registration Laws (see also 211)
And see 1950 Internal Security Act, 211, and 245.16.
337. Miscellaneous
340. Self-incrimination: Civil Sanctions for Exercising Privilege (see also 280)
341. Effect on Army Discharges (see also 253)
342. Effect on Employment—Public School Teachers (see also 24, 262, 267, 281, 571)
343. Effect on Employment — Other Public Officers (see also 261)
344. Effect on Employment — Private (see also 30, 268, 269)
345. Effect on Attorneys (see also 265, 373)
346. Effect on Unemployment Insurance and Social Security (see also 263, 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.

Article: Gary Dubin, Mens Rea reconsidered: A plea for a due process concept of criminal responsibility, 18 Stanford 322.

Case note: Non-disclosure of evidence favorable to accused violates due process: Barbee v Warden (331 F2d 842, CA 4 1964) 25 Maryland 79-80.

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, 512)
See 333.20, .20a.
353. In Obtaining Confessions (and 304, 371, 372)

372.34. Escobedo v Illinois (USSC) (378 US 478) Facts: IX DOCKET 98. Case notes: 18 Oklahoma 82-7; 19 Rutgers 111-39; 43 Texas 387-92; 32 Tennessee 305-08; Albany 121-25; Mississippi 247-50; 31 Brooklyn 162-66; 37 Colorado 148-50; 32 Chicago 560-80; 11 Howard 210-15; 53 California 337-63.

Articles: Lawrence Herman, The Supreme Court and restrictions on police interrogations, 25 Ohio State 449-500.

John A. Spanogle, Jr, Immunity through confession? 18 Vanderbilt 37-71.

Comment: Due process and the role of the trial judge in determining the voluntariness of a confession—a new constitutional rule, 18 Southwestern 729-42.

Case notes: Denial of right to counsel; Inadmissibility of confession: NY v Failia (199 NE2d 366, 250 NYS2d 267, 1964) 31 Brooklyn 172-74.

Voluntariness of confession—Rules for determining: Smith v Texas (236 FSupp 857, SD Tex 1964) 19 Southwestern 190-1.

And see Rosecrans, 304.82.

353.26. Jackson v Denno (USSC) (378 US 368) Facts: IX DOCKET 97. Case notes: 45 Boston 133-40; 49 Minnesota 360-66; 10 Villanova 375-80; 14 Catholic U 117-20; 29 Albany 125-29; 31 Brooklyn 50-61; 16 Syracuse 687-89.
353.32. New Jersey v Russo, Bisignano (CA 3) Facts: X DOCKET 147. Cite: 351 F2d 429 (1965).
353.34. New York v Glazer (Bronx Sup Ct) Dec 11, 1962: Def's fiancee died, Def arrested: confessed; convicted of second degree manslaughter. Sept 23, 1965: App Div held confession coerced; ordered new trial after Def served 2½ yrs. DA dismissed: couldn't proceed without confession.
353.35. US ex rel Stovall v Warden (CA 2) 1961: Def convicted of murder; conviction upheld in all state appellate cts. Mar 1965: CA 2 granted habeas petition: Def denied constitutional protection when murdered man's wife identified Def in "show up" where Def not represented by counsel. May 1965: CA ordered reh'g en banc.
353.35a. US ex rel Martin v Warden (CA 2) 1946: Def confessed to murder of close friend, convicted: death. 1947: Gov Dewey commuted to life. 1965: CA 2 granted habeas petition: lack of counsel. Reh'g en banc with Stovall, 353.35.
353.35b. US ex rel Drummond v Warden (CA 2) 1962: Def confessed to FBI: turning over defense secrets to USSR, convicted. 1965: CA granted habeas petition: lack of counsel. Reh'g en banc with Stovall, 353.35.
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353.35c. US ex rel Indiviglio, Robinson, Cone, Maxino v Warden (CA 2) 1965: CA 2 granted habeas petitions re narcotics convictions for denial of right to counsel after arrest and before arraignment. Reh'g en banc with Stovall, 353.35.
354. In Press Releases and Newspaper Coverage
Court order: Nov 15, 1965: ND Ill ordered all cameras and sound recording equipment removed from areas directly outside ctroom while proceedings in session. DC will also reprimand lawyers commenting on case out of court.

Hearings: Sen Sub Comm on Constitutional Rights: S 290: Due process and press: Transcripts available.

Article: George D Haimbaugh, Jr, Free press versus fair trial: contribution of Mr Justice Frankfurter, 26 Pittsburgh 491-520.

Case notes: Trial by newspaper: Court interpretation of canons of professional ethics: New Jersey v VanDuyne (204 A2d 841, 1964) 29 Albany 371-3; 26 Pittsburgh 648-51.


354.5. Sheppard v Maxwell, Warden (USSC) Facts: X DOCKET 42, 112. CA 6 reversed DC grant of habeas petition, released Def pending appeal. Nov 15, 1965: USSC granted h'g on appeal.
355. In Admitting Perjured Testimony (see also 312)

355.4. Sobell v US Facts: X DOCKET 42, 113, 148. Book: Walter and Miriam Schneir, Invitation to an inquest; Analysis of Rosenberg case. Doubleday.
356. In Courts Martial (see also 125, 390)
Forms and procedures: Conscientious objection and civil disobedience in armed service. CIVIL RIGHTS HANDBOOK pp 235 dd, 235ii-235jj.
357. In Naturalization Proceedings (see also 259)
358. In Expatriation, Denaturalization and Deportation Proceedings (see also 258, 259)
Article: Charles Gordon, The citizen and the state: Power of Congress to expatriate American citizens, 53 Georgetown 315-64.

Comment: Expatriation: Demise of "rational nexus," 12 UCLA 510-31.


358.8. Kennedy v Mendoza-Martinez (372 US 144) Facts: VIII DOCKET 30, 79. Case note: 32 Chicago 290-310.
358.23. Schneider v Rusk (377 US 163) Facts: VIII DOCKET 31—IX, 97. Case notes: 17 Vanderbilt 1514-18, 11 Howard 220-37.
358.25. Giova v Rosenberg (USSC) Facts: X DOCKET 148. Cite: 379 US 18.
359. In Loyalty Hearings (see also 251, 268)

359.2. Scott v Macy (CA DC) Facts: X DOCKET 148. Cite: 349 F2d 182 (1965).
360. Speedy and Public Trial (see also 390)

360.9. Mason v Plampin and Texas (CA 5) Facts: X DOCKET 113, 148. Appeal pending. Effective Jan 1965: New Texas statute allows change of venue in misdemeanor cases.
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.

Article: H Reed Searle, An argument for public defender system, 5 Santa Clara Lawyer 48-59.

371. In Federal Cases (and 353)

371.6. Johnson v US (CA 5) Facts: X DOCKET 43, 113, 149. Cite: 344 F2d 401 (1965).
371.7. Pate v Wilson (CA 9; Nev Sup Ct) (348 F2d 900) See Facts: X DOCKET 43, 113. CA 9 affirmed dismissal for failure to exhaust State remedies. Habeas corpus petition pending in state sup ct.
371.11. Re Frankel (CA 3, #15,484) Mar 23, 1965: Def-atty summoned to represent indigent Def without fee; wrote ct expressing unwillingness to serve on rotating basis without pay: served with contempt show cause order. Apr 21: Def removed to DC, answer alleges: denial of indigent's right to counsel by compelling indigent to accept counsel not of own choosing, deprives atty of property without due process of law, violates fedl civil rights acts, abridges 4th, 5th, 6th, 13th, 14th Amendments. DC granted motion to remand, appeal to CA 3 pending.

Solomon Golat, Esq., 786 Broad St., Newark.

Comments: Right of Assigned counsel to compensation: 12 UCLA 668-77; 53 Georgetown 498-502.

And see Gray, 422.2

372. In State Cases (and 353)
Articles: Anthony Lewis, American lawyers: Gideon's army, 50 Cornell 155-60;

William W Van Alstyne, In Gideon's wake: Harsher penalties and the successful criminal appellant, 74 Yale 606-39.

Fred J Bibb, The state faces Gideon, 32 Tennessee 183-89.

Harold Norris and John T Hammond, The right to counsel —A study of the defense of indigent persons accused of crime in Michigan, 42 U of Detroit 397 (1965).

Ronald L Carlson, Appointed counsel in criminal prosecutions: A study of indigent defense, 50 Iowa 1073-91.

Comments: Right to counsel during police investigation, 1964 Illinois 804-14.

Court appointed counsel for indigent misdemeanants, 6 Arizona 280-91.

Right to counsel in California, 5 Santa Clara Lawyer 75-80.

Legal aid for indigent criminal defendants, 18 Vanderbilt 837-46.

Case notes: California v Shipman (397 P2d 993, 1965) 33 Fordham 716-21; 65 Colorado 914-18.

Arthur v Colorado (393 P2d 371, 1964): 37 Colorado 144-147.

Waldron v District Ct (130 NW2d 728, Iowa 1964), 50 Iowa 1246-54.


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372.25. Smith v Breazeale (ND Miss, #GC 6440) Facts: X DOCKET 44, 114. 1965: DC granted habeas corpus on ground of exclusion of Negroes from jury, giving state one year to retry Def with proper jury or discharge him.
372.33. New York v Baker (Sup Ct, App Div) Facts: X DOCKET 44, 114, 149. Life sentences given. Appeal argues: (1) prejudice by inflammatory newspaper coverage; (2) Defs denied counsel of choice at trial, forced to take ct appointed counsel; (3) insufficient evidence. Pending.

Additional attorneys: Jean Ann Condon, Esq, 233 Broadway; Conrad Lynn, Esq, 401 Broadway, NYC.

372.40. Ohio v C Harris (Cuyahoga Co Ct of App) Facts: X DOCKET 114, 149. Ct of App reversed, granted new trial. Def pleaded guilty to lesser count; case closed.
372.42. Burkes v Whitley, Warden (Ferrell Co) (Ga Sup Ct) (143 SE2d 171) Facts: X DOCKET 114, 149. Addition: White attorney dismissed after trial; habeas petition filed by newly retained Negro attorney. Pending.
372.43. Wisconsin ex rel Holliday v Dade Co Ct (formerly Wisconsin v Holliday) (Dade Co Cir Ct #117175) Facts: X DOCKET 149. Decided Feb 1, 1965.
372.44. Yates v Mississippi (USSC) Facts: X DOCKET 149. Cite: 175 So2d 617.
372.45. California v Hillery (Calif Sup Ct) Facts: X DOCKET 149. Cite: 401 P2d 382.

See California v Schader and Turner: cite: 401 P2d 665; California v Williams and Lilliock: cite: 401 P2d 4.

372.48. US ex rel Carrizosa v Warden (ND Cal) Jy 24, 1965: DC ruled Escobedo, 372.34, 378 US 478, does not apply retroactively, citing Linkletter, 303.49, 381 US 618, which denied retroactive application of Mapp, 52.25, 367 US 643.
372.49. California v Stockman, Cathcart, Humble (Calif Sup Ct) 3 Defs convicted of 1964 murder—Stockman sentenced to death, 2 given life sentences. Nov 11, 1965: Sup Ct reversed (6-1), held: Altho Defs advised of right to remain silent, were not told of right to counsel: "Both warnings, and particularly the latter, must be given."
372.50. Anthony v Pitchess (Los Angeles Dist Ct of App) P1 sought to block condemnation of home; arrested: obstructing police officer. Muni Ct trial: No defense presented, no cross examinations, no objection to receipt of any exhibit, Def did not testify; convicted: 360 days. Super Ct, App Dept affirmed, dismissed 180 days of jail term. 1965: Appeal to DCA pending.

Paul Hill, Esq, 6331 Hollywood, Hollywood City; A L Wirin, Fred Okrand, Esqs, 257 S Spring St, Los Angeles.

372.51. Ohio v Conlan (USSC) 1955: Def indicted; no attorney appointed; tried without counsel; convicted. Petition for certiorari pending in USSC, alleging denial of due process in failure to appoint counsel.

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

372.52. New Jersey v Ordog, Rush (NJ Sup Ct) 2 youths arrested: felony murder; interrogated 8 hrs without assistance of counsel. Defs' motions for separate trials denied; 3d Def testified against them: convicted. Jy 12, 1965: Sup Ct affirmed, held: (1) confessions voluntary, tho Defs mentally slow; (2) refused to extend Escobedo, 372.34, 378 US 478, because Defs had not requested counsel.

I V DiMartino, Ralph J Kmiec, Esqs.

And see Coleman, 372.53.

372.53. New Jersey v Coleman (NJ Sup Ct) 1963: Def confessed to murder without being advised of right to counsel; convicted. Nov 8, 1965: Sup Ct affirmed (9-0) held state cts occupy same position as lower fedl cts in passing on constitutional questions, refused to follow earlier CA 3 reversal of 2 NJ murder convictions, Russo, Bisignano, 353.32, X DOCKET 147, on lack of warning of right to counsel until USSC declares law; refused to impose on citizens of state burden of retrying Def, to impair the "proper" balance between individual and social needs.
373. Restrictions on Attorneys (see 265, 345)

373.14. In re R Jess Brown (CA 5) Facts: X DOCKET 44, 149. Cites: 346 F2d 903, 10 RRLR 521 (1965).
373.17. Mississippi v Weller (Jonesboro) (Co Ct) Aug 1965: Def, LCDC attorney, went to sheriff's office, by appointment, to arrange for release of impounded car, arrested: disturbing the peace. Sept 17: Hearing scheduled, pending.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson.

373.18. Mississippi v Rogow (Jackson) May 10, 1965: 2 white attys and Negro client ate at restaurant, then car followed by white youths in cars throwing bottles. Def-atty drove past stop lights to flee barrage: arrested: moving violation; released on $17 bond.

Bruce Rogow, Esq, LCDC, 603 N Farish St, Jackson.

And see Nesmith, 51.Miss.5.

374. Opportunity for Appellate Review
Case note: Right to transcript on in forma pauperis appeal: Jardy v US (375 US 277, 1964), 53 Kentucky 189-90.
375. Group Legal Services (and see 420s)
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.

Case notes: Brotherhood of Railroad Trainmen v Virginia ex rel Bar Assn (377 US 1, 1964) 37 Colorado 300; 25 Louisiana 558; 33 Fordham 498; 11 Howard 242.

Article: L S Fairbairn, Legal aid clinics for Ontario law schools, 3 Osgoode Hall L Jour 316-30.

376. Small Claimants' Problems (and 424, 425)
380. Confrontation
381. In Criminal Cases
Comment: Preserving the right to confrontation—A new approach to hearsay evidence in criminal trials, 113 Pennsylvania 741-68.
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381.7. Douglas v Alabama (USSC) Facts: X DOCKET 150. Cite: 380 US 415.
381.8. Pointer v Texas (USSC) Facts: X DOCKET 150. Cite: 380 US 400.
381.9. Wilson v US (USSC) (344 F2d 166) Def arrested: armed robbery. Six months delay between arrest and trial; no preliminary hearing with opportunity to confront witness against him. At trial, ct compelled uncooperative Def to appear before jury in chains and blanket; convicted. CA affirmed because evidence of guilt very strong, but DC should have excused prospective jurors and told Defs his plan (re chains, blankets) to give them chance to cooperate. Oct 11, 1965: USSC denied cert.

Alan Wurtzel, Esq, 1700 K St NW, Joel Hoffman, Esq, 1225 19th St NW, both Washington, DC.

382. In Civil Cases

382.1. Williams v Zuckert (DC DC) (296 F2d 417, 1961); dism'd 371 US 531 (1963); vacated and remanded 372 US 765) Pl recreational supervisor under civil service at US Air Force Academy. Mar 1959: Academy ordered Pl not admitted to grounds; charge: 3 attempted homosexual attacks on airmen. Pl denied all charges; suspended without h'g or opportunity for confrontation. May 1959: Pl challenged removal (Veterans Preference Act, 5 USC §863); at Civil Service Commn h'g: 3 airmen submitted affidavits; Air Force refused to produce them because their "character and reputation" such they could not have been discredited on cross examination. Mar 1961: CA affirmed. Jan 14, 1963: USSC granted cert, then dismissed writ. Apr 22: USSC granted motion for reh'g, remanded to DC to decide whether attempt to produce witnesses was timely or justified. Awaiting retrial.

David Shapiro, Esq, 1411 K St NW; Lawrence Speiser, Esq, ACLU, 1101 Vermont Ave NW, both of Washington, DC; Melvin Wulf, Esq, ACLU, 156 Fifth Ave, NYC.

390. Jury Trials (see also 356, 360, 510)
UN DECLARATION OF HUMAN RIGHTS: Art 10.
391. Nature of Jury Trial
Article: Ronald Goldfarb and Stephen Kurzman, Civil rights v civil liberties: The jury trial issue, 12 UCLA 486-509.

Case note: Impeachment of verdict by affidavits of jurors: Grenz v Werre (129 NW2d 681, ND 1964) 11 Wayne 572-5.


391.8. California v Arguello (Calif Sup Ct) Facts: X DOCKET 115. Correction: After Sup Ct remanded: 2d penalty trial: death. Nov 19, 1965: Sup Ct reversed, citing Massiah, 353.25, 377 US 201, Escobedo, 372.34, 378 US 478, because trial ct admitted statements by Def to police during 4 interrogations after arrest at accusatorial stage and to undercover agent placed in his cell.
391.9. Jenkins v US (USSC) Facts: X DOCKET 150. Cite: 380 US 445.
392. Waiver of Jury
393. Improper Comment (and see 512)
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.

Book: Ronald Goldfarb, Ransom: A critique of the American bail system. 1965. 264 pp. Harper. $5.95.

Hearings: Senate Sub Comm on Constitutional Rights: S. 1357: Omnibus bail bill; transcripts available.

Articles: Stephen Wizner, Bail and civil rights, 2 Law in Trans Q 111-24.

Bail, the need for reconsideration, in Symposium, 59 Northwestern 611 (1964).

Robert F Kennedy, Criminal Justice, 5 William and Mary 167 (1964).

Comment: Abuses of pre-trial detention and bail being corrected in massive nation-wide attack, 48 J Am Jud Soc 6 (1964).

401. Amount of Bail Set

401.23a. In re Goines, Levine (Alameda Co Super Ct, #37779) Facts: at Savio, 24.37, X DOCKET 133, Savio, 401.23, X DOCKET 150. FSM Defs filed notice of appeal and request for continuing their appearance bonds, or release on recognizance bond, or $25 appeal bond. Ct denied requests; 6 Defs failed to post bonds, jailed. Jy 29, 1965: 6 Defs filed petition for release on habeas; denied.

And see 401.23b.

401.23b. Noble, Peters v Berkeley-Albany Muncipal Ct (Calif Sup Ct) Aug 2, 1965: Pets in 401.23a filed petition for writ of mandate: total bond set for 780 FSM Defs was $35,000; Defs do not have and cannot raise this sum; amount is much higher than customary bond in such cases; imposition of such bond would make appeal impossible. Sup Ct denied petition.

Francis Heisler, Esq, Lincoln and 7th, Carmel; Peter Franck, Esq, 2890 Telegraph Ave, and Lawrence L Duga, Esq, 2550 Telegraph Ave, both of Berkeley.

401.24. New York v Hutchinson (CA 2) Je 8, 1965: Sit-in Defs alleged excessive bail set to halt demonstrations, removed to DC because bail ruling showed Defs would not get fair trial in state ct. DC remanded to city ct. CA 2 refused to stay trial pending appeal from remand. Pending.

Faith A. Seidenberg, Esq., 217-A State Tower Bldg., Syracuse.

402. Conditions Imposed
403. Denial of Bail
404. Miscellaneous Bail Problems

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404.3. Re Petition for Release on Own Recognizance (Watts) (Los Angeles Super Ct) Aug 20, 1965: Petition of amicus for release on own recognizance of all Watts Defs: (1) if not charged with commission of act of violence, (2) if no record of felony conviction, (3) if resident of Co; asked Ct to require DA to make showing re all other Defs why he believed they would not appear if released on own recognizance; asked Ct to establish minimum bail in all other cases. Petition tentatively accepted; ultimately rejected. Volunteer attys visited jails, interviewed Defs, prepared OR applications, forms never filed: misdemeanor ct had no procedure for releasing on own recognizance, refused to release unless Def's home phone covered continuously. Chief Judge ordered bail: 3 times normal misdemeanor bail.

Amicus appearance for Natl Lawyers Guild, Los Angeles Chapter by Leo Branton, Jr., Esq., 3460 Wilshire Ave.; Seymour Mandel, Esq., 4041 Marlton Ave.; Ben Margolis, Esq., 3175 W 6th St., all of Los Angeles.

Amicus brief: full text in 24 Guild Practitioner 57 (Summer 1965).

See Watts cases at 429.

410. Cruel and Unusual Punishment (and see 461)
UN DECLARATION OF HUMAN RIGHTS: Art 5
411. In Criminal Cases (and see 461)
And see cases at 304.

Books: Michael V DiSalle with Lawrence G Blockman, The power of life or death. 1965. 214 pp. Random House. $4.95.

H J Eysenck, Crime and personality. Houghton M. F Flin, 1964, $4.50.

Christopher Hollis, The homicide act. Victor Gollancz, Ltd, 1964.

Daniel Glaser, The effectiveness of a prison and parole system. Bobbs-Merrill, 1964, $10.00.

Francis A Allen, The borderland of criminal justice: Essays in law and criminology, U of Chicago, 1964, $3.75.

Comments: Recent judicial concepts of cruel and unusual punishment, 10 Villanova 271.

Homicide under the proposed New York penal law, 33 Fordham 173.

The common law and the execution of insane criminals, 4 Melbourne 75.

The incidence of the death penalty for rape in Virginia, 22 Washington and Lee 43.

And the penalty is (sometimes) death, 24 Antioch Review 351.

The sociopathic criminal offender: What to do with him? 34 Cincinnati 1.

Should Arizona have automatic appeal in capital punishment cases? 7 Arizona 106-13.

Recidivist procedures, 40 New York 322-50.

Articles: Edwin D Wolf, Analysis of jury sentencing in capital cases: New Jersey: 1937-61 (Abstract of) 19 Rutgers 56-64.

Hugo A Bedau, Death sentences in New Jersey: 1907-1960, 19 Rutgers 1-64.


411.26. Driver v Hinnant (CA 4) (243 FSupp 95) Facts: X DOCKET 116. DC denied petition for habeas corpus, affirmed order admitting Def to bond. Dec 7, 1965: Appeal argued.

Covington and Burling, Esqs, Union Trust Bldg, Washington, D.C.

411.27. Easter v District of Columbia (CA DC) (209 A2d 625) Facts: X DOCKET 116. DC Ct of App affirmed conviction. Oct 27, 1965: CA DC en banc (4-3) granted petition for appeal. Jan 1966: argued.

Convington and Burling, Esqs, Union Trust Bldg, Washington, D.C.

411.30. New York ex rel Buffington v Martin (Jamesville Pen) (Co Ct, # 65-CV-144) Jan, 1965: Def pleaded guilty to reduced charge of 3rd degree assault; 1 yr and $500. Def had no money, forced to serve fine at $1/day. Petition for habeas filed: denial of equal protection, punishment for being poor. Habeas denied; cert denied.

Faith A. Seidenberg, Esq., 217-A State Tower Bldg., Syracuse, New York.

411.31. New York v Collins (Orange Co) (NY Sup Ct) (261 NYS2d 970) 1964: Ct of Spec Sess convicted Def: 3rd degree assault: 1 yr and $250 or one day per $1. 1965: Sup Ct held: detention until Def pays fine violates equal protection under 14th Amdt, although payment of fine can be required and detention for nonpayment is reasonable if it does not increase penalty but is only means of collecting fine. Diss: exception must be made for indigent Def, as to "hold otherwise would add one more disadvantage which the law will place upon the indigent Def with the money in his pocket to pay his fine, although the quality of their conduct has been the same."
411.32. US ex rel Johnson v Mississippi (Cir Ct) 1962: Def, local Negro, without counsel, pleaded guilty to 2 burglary charges; 2 yr sentence on one count, file retired on other. Je 1964: Def arrested: leafleting. Same judge reopened retired burglary count, sentenced Def to 4 yrs. Je 1965: Habeas corpus petition filed in state Cir Ct. Jy 19: h'g held, petition granted. Jy 20: Def released.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson.

411.Misc.. Mississippi v Cannon (Hattiesburg) (Co Ct) Nov 11, 1965: All white, Mississippi jury for first time found white Def guilty of rape of Negro girl (15 year old): life sentence.

Case note: Conviction for possession of narcotics as cruel and unusual punishment, a straw in the wind?: Castle v US (33 US Law Week 2247, DC Cir 1964, petition for cert. filed, Jan 18, 1965, 890 Misc) 14 American Univ 243-4.

412. In Extradition Cases
413. In Civil Cases
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420. Due Process/Equal Protection for the Poor
And see: Rights of American Indians, 600.-605.

Right to Bail, 401.-404.

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.

Rights of Incompetents, 440.

Rights of Juveniles, 56., 430.

Right of Privacy, 295.

Criminal Charges—Vagrancy 57., Misc. 59.

Cruel and Unusual Punishment, 410.-413.

Employment Discrimination: political, 280s., racial, sex, age, 570s.

Federal Benefit Programs—Political discrimination in, 254., 255., 263., 346.

Small Claimants' Problems, 376.

Suits for False Arrest, Police Practices, 304.

Note: This new category will describe cases in courts and adminstrative 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.

421. Social Welfare Programs—Local
Conference Papers: Cleveland Community Peoples Conference, Winter 1965: Citizens united for adequate welfare (CUFAW) speaks for itself; Past and future activities in Chester, Pa.; JOIN challenges Chicago's war on poverty; Voices for jobs and justice. Key List Mailing, San Francisco SNCC, 1316 Masonic Ave., San Francisco.

Papers: Bernice L Bernstein, Equality of rights for public welfare clients, Public Welfare Assn, Natl Biennial Conference, Dec 1965.

Bernard E Harvith, Procedural safeguards increased by changes in regulations governing fair hearings before state agencies for categorical assistance claimants, Project on Social Welfare Law, NY Univ School of Law, Washington Sq, NYC.

Bulletin: Welfare law bulletin. Project on Social Welfare Law, NYU School of Law, NYC.

Opinion: Midnight checks on welfare recipients, Advisory opinion of Corporation Counsel, Detroit: held such night-time visits constituted unconstitutional invasion of privacy. Detroit welfare dept and state comm ceased practice.


421.Ariz.1. Ginn v Superior Court (Pima Co) (Ariz Ct of App) (404 P2d 721) Action to recover costs of maintaining juvenile delinquent in state institution from relatives. 1965: Ct of App held: no right of appeal from order of Juv Ct requiring parents to pay for maintenance; only way to review is by certiorari; ct did not reach issue of constitutionality.

See cases at 56 and 430.

421.Calif.1. In re Anonymous Blind Mother (Alameda Co) (Dept of Soc Welf) 1964: Pet received Blind Aid, Aid to Needy Children, and AFDC. Godmother occasionally took Pet's child to her home to help Pet. Co social worker went to godmother's home to investigate report she had actual custody of child. Godmother said she took good care of child. Without further investigation, Co cut off payments, computed 3 yrs overpayments, referred case for fraud prosecution. Def, neighbors, and community organization's caseworkers convinced Dept to reverse decision, halt prosecution.

Welfare Rights Organization, 520 Seventh St., Oakland.

421.Calif.2. Re Anonymous Cannery Worker (Oakland) (Muni Ct) 1964: Def cannery worker unemployed (seasonal), receiving AFDC for 10 children. Co Dept of Social Welfare referred Def to work in farm labor; Def refused: cannery job opening soon. Aid discontinued. Def's wife applied for different assistance, did not understand English well, signed form agreeing to assist in prosecution of husband for non-support. Def arrested, held 5 days, during which job came up cannery.

Welfare Rights Organization, 520 Seventh St., Oakland.

421.Calif.3. Kern Co v Coley (5th Dist Ct of App) (229 CA 2d 172, 40 Cal Rptr 53) Husband deserted, Pet received general assistance, allegedly did not disclose contributions to children's support from another man. 1965: Action against Pet to recover overpayments under Welf & Inst Code §1506 for making false statements concerning lack of "spouselike" relationship. Bd entitled to restitution of overpayments of Aid to Needy Children.
421.Calif.4. Contra Costa Co v California Social Welfare Bd, Henderson (1st Dist Ct of App) (229 CA2d 762, 40 Cal Rptr 605) 1964: Pl Co cut Def's Aid to Needy Children benefits unless she agreed to take a lie detector test re identity, whereabouts of child's father. State Social Welfare Bd reversed Co, granting aid. Pl sued Defs for mandamus to set aside reversal; Defs alleged violation of due process and privacy, unreliability of lie detector, self-incrimination, unreasonable search and seizure, unlawful coercion. Mar 1965: DCA held requirement unreasonable in this case.

George F. Duke, 1500 Mills Tower, San Francisco.

Amicus: Marshall W. Krause, Esq., ACLU, 503 Market St, San Francisco.

421.Calif.5. In re Clark (Alameda Co) (Dept of Soc Welf) 1964: Co officials told Pet to sign agreement to assist Co in filing civil suit against her father for support of her minor child as condition of receiving Aid to Needy Children. Pet refused; Co Bd denied aid based on state laws making parents responsible for support of needy child, requiring recipient to assist Co in gaining support from parent. Pet appealed, alleged: 1) parent referred to in state law is parent of minor child, not of recipient, 2) if parent were liable, Pet's claim against him would be transferred to Co, which could sue without her consent. On day of hearing before state appeals bd, Co reversed itself, granted retroactive aid to Pet, suspended practice.

Welfare Rights Organization, 520 Seventh St., Oakland.

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421.Calif.6. California v E. Simpson (Oakland) (Super Ct) Petmother became pregnant through casual relationship, applied for aid to child, received aid after giving information about alleged father to DA, who called him into office to get support money. Blood test indicated he was not father. 1964: Co halted aid, computed overpayment for aid received, lowered future grants in proportion for lack of cooperation, concealment of identity of father. Pet appealed to Calif Social Welfare Bd: lack of evidence of non-cooperation, separate blood tests for Negroes, unfairness to Pet's other children. Bd reversed, ordered aid restored, overpayment adjustments corrected. Same day, Def arrested by DA for felony fraud. Ct discharged Def, Def rearrested. Trial pending.

Peter Franck, Esq., 2550 Telegraph Ave., Berkeley.

421.Calif.7. California v Geary (Oakland) (Super Ct) Def became pregnant while receiving Aid to Needy Children, hospitalized for 4 mos; Welf Dept required to provide housekeeper, failed to do so; father provided this service, rented car for Def, stayed to assist in birth. Def arrested for fraud in receipt of welfare money as man in any "spouse-like" relationship has duty of support. Def alleges only casual relationship, lack of intent to defraud, penalizing acceptance of any help from men. Def committed to mental institution. Pending.

Peter Franck, Esq., 2550 Telegraph Ave., Berkeley.

421.Calif.8. In re Anonymous Student (San Francisco) (Dept of Soc Welfare) 1964: Agency notified mother living in Richmond her aid to families with dependent children would be cut unless she either returned to school or accepted work. Social worker suggested she return to school, promised to pay for books, tuition, transportation, baby-sitting. Pet enrolled in adult school in San Francisco, told it would not matter if she moved from Richmond. Money not sent. Pet requested Co Dept to make payment, they promised to do so, suggested she borrow money in the meanwhile, or get relatives to; Pet's mother borrowed $300. Pet's Atty wrote Dept requesting payment; they replied pledging payment, referring to red tape. Aug, 1965: Dept informed atty they never approved program, refused payment. Pet requested appeal forms, told by Dept no appeal possible as only Co funds involved. Appeal filed anyway. Pending.

James Herndon, Esq., 341 Market St., San Francisco.

421.Calif.9.. Dept of Mental Hygiene v Kirchner (Cal Sup Ct) (388 P2d 720, 380 US 194) 1964: Sup Ct held: illegal for Pl under statute to impose liability for care and maintenance of mentally ill relative committed to state institution. USSC vacated and remanded: Sup Ct did not state whether grounds of decision based on equal protection clause of state or federal constitutions. 1965: Sup Ct held statute violated state guarantee of equal protection, as expanded recognition of parens patriae principle of social responsibility no rational basis for classification.

Alan A. Dougherty, Esq, 234 Marshall, Redwood City, Calif.

421.Calif.10. Hercules v Dept of Social Welfare (San Francisco Super Ct, #561875) Pet seeks writ of mandate to review welfare decision denying full payment for services rendered as housekeeper. Def hired Pet at $1.50/hr but paid only $.25/hr on account, refusing to pay balance due on service performed from July 1, 1962 to Feb 15, 1964. Dec 27, 1965: trial.

Ephraim Margolin, Esq, 683 McAllister St, San Francisco.

421.Colo.1. Hinshaw v Dept of Welfare (Denver Co) (Colo Sup Ct) (403 P2d 206) Claim filed against estate of decedent who received old-age assistance in excess of eligibility and aid to blind. Sup Ct held: statute of limitations does not apply without express statutory provision to welfare so as to bar recovery, and legislature expressed policy that blind benefits were collectible against estate of dec'd recipient.
421.DC.1. District of Columbia v Phillips (CA DC) (347 F2d 795) 1964: Suit for reimbursement of funds expended in caring for patient in civil commitment for mental illness. 1965: CA held: even tho ward's estate derived solely from veteran benefit payments, that portion converted into permanent investments was subject to reimbursement, only exempt so long as money is readily available for support and maintenance, money is retained, and is not converted into permanent investment.
421.Ga.1. In re Maeola Johnson (Worth Co) (Bd of Welfare App) Pet with lame arm, mother of 4 children, husband deserted, had illegitimate child by man not living with her. Feb 1964: Co cut her ADC payments. Representative from Co Improvement League (civil rights organization) went to Dept of Family and Children's Service, which refused to give an appeal form. Dept let her reapply for welfare, sent her to Dr to see whether she could work. Pet filed appeal, challenged Co regulation that illegitimate child puts recipient off ADC for 2 yrs. Pending.

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

421.Ga.2. In re Adine Colbert (Worth Co) (Bd of Welfare App) Pet, mother of 6 children, works farm labor during summer, no work available in winter. Oct, 1965: welfare denied, told Pet work available; in May, when doing farm work, Pet refused job as domestic in another city for half the pay; refused to give Pet appeal form. Atty obtained and filed appeal form.

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

421.Miss.1. Holly Springs v McGee (City Ct) Sept 6, 1965: Negro civil rights worker arrested while making inquiries in Welfare Office: being drunk. Sept 8: acquitted.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson.

421.N.J.1. Dept of Mental Hygiene v Judd (NJ Sup Ct) (211 A2d 198) Same facts as Kirchner, 421.Calif.9. Sup Ct held: Kirchner not applicable: that decision rested on Calif constitution and Calif's Uniform Reciprocal Enforcement of Support statute; declined to consider constitutionality of NJ statute.
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421.N.C.1. Scott v Dept of Public Welfare (Durham Co Super Ct) Pl widow, 50, 3 minor children, earned $80/mo as domestic, $70/mo Social Security, $10/mo welfare. Feb 1965: Lost job; Def refused to increase welfare to make up difference. Appeal filed with request for emergency relief. No response. Je: Complaint filed: 1) asking Def be ordered to pay Pl emergency relief pending appeal, damages for past non-payment, to process appeal immediately; 2) as class action of all persons in Co entitled to receive aid to dependent children and all Negroes so entitled—to have applications processed promptly, equal payment for equal circumstances, recipients be treated with respect, cease discrimination in hiring and in case-loads of Negro social workers. Jy: State Bd of App reversed Co Dept, granting funds and rendering case moot.

Floyd McKissick, Esq., 213½ W. Main St., Durham, NC; Carol Silver, Esq., 1411 Fruitvale Ave., Oakland, Calif.

422. Social Welfare Programs—Federal (and see 254, 255, 263, 346)

422.1. Nichols v Celebrezze (SD Iowa) (243 FSupp 921) Def denied disability benefits claim under Social Security Act, h'g officer told claimant he did not need to be represented by counsel. 1965: DC held: even tho Pl's "interests would have been better protected if he had been represented by an attorney inasmuch as a claimant under the Act has the burden of proving he is entitled to benefits," no denial of due process or fairness, and Pl obtained atty after decision of h'g examiner who handled appeal for claimant.
422.2. Gray v Celebrezze (WD Va) (245 FSupp 718) DC held: in review of final decision of Def under §206, 78 Stat 286, §332 in newly amended Social Security Act, reasonable compensation for services of counsel is 25% of total past due benefits to which client is entitled.
422.3. Steward v Bd of Educ (Chester, Pa) Oct 1965: Two children suspended from school for 3 days for bringing own lunch rather than paying 35c. US gov't subsidizes school lunch program and requires all children eating at school to participate. Pending.
423. Housing (and 256, 530s)

423.Ala.1. Alabama v Johnson (Luverne) Landlord told Negro Def sharecropper to leave property and lose crops. Def refused. Landlord shot at Def, had him arrested for profanity, brought eviction proceedings. Same day, landlord's son shot Def's son in stomach. Def's atty managed to have profanity and 2 other harassment warrants against Def indefinitely continued, Def swore out warrant for assault with intent to kill against landlord's son. Def moved to Montgomery. Profit from crops will go to him. Grand jury proceeding against son of landlord.

Alvin J. Bronstein, Esq., LCDC, 603 N. Farish St., Jackson, Miss.

423.Miss.1. Re D. Adams (West Point, Miss) After Pl Negro put civil rights workers up in her home, notified she had lost tax exemption. Atty straightened out property tax receipts and payments, showed Pl qualified; exemption restored.

Alvin J. Bronstein, Esq., LCDC, 603 N. Farish St., Jackson.

And see Roberts, 424.3.

423.NC.1. Housing Authority v Thorpe (Durham) (NC Sup Ct) Def elected president of tenant group, next day evicted without reason or h'g. JP Ct granted summary eviction relief. Sept 1965: Appeal denied. Appeal to Sup Ct claims denial of due process, equal protection, freedom of expression.

M C Burt, Jr, R Michael Frank, Esqs, 213½ W Main St, Durham.

And see Dew, 73.Ala.3.

424. Credit Problems (and see 376)

424.1. Pl Correspondence School v Christian (Albany, Ga) Facts: X DOCKET 152. Pl's atty told Def's atty he has 200 similar matters, has not received advance on $12 costs.
424.2. Tupper v Holman (Oakland) (Muni Ct) 1964: Door to door salesman of freezers allegedly coerced Def's wife into purchasing freezer; though separated from Def, salesman talked her into signing his name to contract. Def never paid. Nov 1964: Def's wage garnished; Def attempted suicide. Co sold contract to collection agency, whose secy sued Def. 1965: Def sent Pl 2 sets of interrogatories; suit dismissed for failure to answer. Suit in preparation against Pl for intentional infliction of emotional harm, wrongful attachment, and fraud.

Larry Duga, Esq., 2550 Telegraph, Berkeley.

424.3. Roberts v Rich (Cleveland, Miss) 1963: Negro purchased old car from white Pl. Def defaulted on payment. Pl repossessed car, also took title to Def's house, threatened to evict Def. At eviction proceeding, Def's atty got title to Def's house returned, arranged proper payment for balance of Def's debt on car.

Alvin J. Bronstein, Esq., LCDC, 603 N. Farish St., Jackson.

424.4. Mississippi v M. Gordon (Lexington Police Ct) Jy 20, 1965: Negro active in civil rights movement arrested: fraud in obtaining loan from finance co on vehicle she allegedly did not own. Jy 27: Justice of Peace Ct bound Def over for grand jury. Oct 18: Grand Jury indicted. Oct 27: at trial, Def's atty filed motion to quash indictment and venire: jury exclusion. Case continued until April, 1966.

Alvin J. Bronstein, Esq., LCDC, 603 N. Farish St., Jackson.

425. Warranties, Service (and see 376)

425.2. Liberty Loan v Collins (Oakland) (Muni Ct) Pl sold Def TV for over $400, tho discontinued last yr's model, retail price $229. Def failed to make payment, sued. Def cross-complained against Pl for fraud. Pending.

Larry Duga, Esq., 2550 Telegraph, Berkeley.

426. Family Problems (and 560s)

426.1. In re Higgins (NYC Family Court) (46 Misc 2d 233, 259 NYS 2d 874) NY ct found parental neglect of 3 yr old, discharged her to aunt who took her to Michigan which demanded interstate agreement with NY guaranteeing to reimburse Mich for any public assistance she might require in Mich. NY ct (Justine Polier, J) held Mich requirement unconstitutional under Edwards v California, 314 US 160; ". . . the traditional Elizabethan Poor Law approach so continues to dominate our public welfare departments that the receiving state generally rejects (as unsuitable for the care of a nonresident child) the home of relatives if they are poor and there is need for public assistance"; under commerce clause or privilege and immunities basis of Edwards, requirement unconstitutional.

And see Cartban, 524.3.

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427. Employment Problems (and 263, 346, 570s)

427.1. Re Clarence Anderson (McComb, Miss) Negro denied back pay due from employer under Fair Labor Standards Act, told Delta Ministry, which told LCDC atty. Atty arranged for Claimant to sign complaint; money paid.

Alvin J. Bronstein, Esq., LCDC, 603 N. Farish St., Jackson.

429. Miscellaneous (and see 13, 57, 59, 490)
WATTS REVOLT (Los Angeles, Aug 11-16, 1965)

Underlying conditions: 650,000 Negroes live in the Watts area. Watts is 98% Negro. White businessmen own 95% of the businesses and property in the 46.5 square mile area. About 10,000 Negro mothers leave the Watts area to work as domestics in white homes in Los Angeles. 34% of Watts adults are unemployed, 60% are receiving welfare. In Los Angeles there are more than 50,000 unemployed Negroes and Mexican-Americans. Welfare expenditures are $400 million per year. Aid to Families with Dependent Children increased 73% betwen 1960 and 1964. 4% of the police force is Negro.

The Revolt: Aug 11-16, 1965: At least 10,000 Negroes from Watts actively took to the streets. 934 policemen, 719 Sheriffs, officers, and 13,900 National Guardsmen were on duty. 34 were killed. 32 inquests were held; 26 deaths labelled justifiable homicide. 26 Negroes, 3 Mexican-Americans, 1 Asian killed, a large percentage by police, National Guard. 1,032 injuries reported and more than $40 million in property damage. Over 600 buildings were damaged, 200 totally destroyed; 1,500 separate fires were set, 300 major fires; 103 squad cars damaged. Approximately 12,000 weapons were stolen, of which 2-3,000 have been recovered.

The Legal Process: Aug 11-16: 4,200 persons arrested including 500 juveniles, 1,500 for misdemeanors, 2,260 for felonies. 80% were held in jail more than 2 weeks. Oct 20, 1965: over 200 persons remained in jail. Charges against 620 were either completely dismissed or reduced to misdemeanors before preliminary hearing; of the rest, 320 were dismissed at the hearing. Dec 6, 1965: the McCone Commission reported receipt of 170 complaints of police malpractice, from verbal abuse to physical harm. Bail was set for felony cases at $5,500, $3,000 above normal. Bail for juveniles was usually $1,500. Only about 100 prisoners were released on their own recognizance. The 5 charges used against most misdemeanor Defs were rout, petty theft, violation of curfew, riot, and remaining at scene of a riot.

The first 100 persons arrested who pleaded guilty to misdemeanors were all sentenced to 1 year in the Co jail. Later, the DA told all deputies if they could show Def merely on premises with something in his hand, they could, at their discretion, amend the complaint to cover only trespass (Pen C §609(1)). Defs who pleaded guilty to this charge were usually placed on probation, $100 fine (payable at $10/mth), 3-5 yrs probation. In order to present a complete picture, representative cases arising out of the Watts revolt will be included in this category.


429.2a. Re Death of 76-Yr Old Grandmother (Watts) (Los Angeles Coroner's Inquest) Aug 1965: 76 yr old Negro woman shot, killed by police during Watts Revolt. At inquest atty for dec'd's family questioned her husband; husband testified wife had had no prior contact with police; he and she had come to complete stop when shooting occurred. Coroner stopped questioning of husband, told his atty to leave inquest. Jury out 19 minutes; ruled: justifiable homicide.

Frank Evans, Esq., 4306 S. Crenshaw, Los Angeles 90043.

429.2b. California v Frye (Los Angeles) (Muni Ct) Aug 11, 1965: Def arrested for attacking 2 highway patrolmen when they attempted to arrest her son for drunk driving. Def alleged police brutally beat her son. Nov 1: Def convicted of obstructing officer, after jury told Def was responsible for 30 or 40 deaths during riots: 30 days suspended, 2 yrs probation, and $250 (payable $10/mo) or 25 days in jail.

A. L. Wirin, Esq., 2622 Glendower Ave., Los Angeles.

429.2c. California v M. Frye (Los Angeles) (Muni Ct) Same facts as 429.2b. Def brothers pleaded guilty to misdemeanor drunk driving, malicious mischief, battery, interfering with officers. Ct denied Defs' requests to set aside guilty pleas.
429.2d. California v 19 Muslims (Los Angeles) (Muni Ct) Aug, 1965: Police fired over 200 rounds of ammunition into muslim mosque in Watts, arrested Defs: assault with intent to commit murder. Defs charge they were beaten, mosque ransacked, torn apart, membership lists stolen. Sept 18: ct dismissed complaints: no corroborating evidence that Defs fired at police.
429.2e. Brooks, Lavine v Los Angeles Super Ct (2d Dist Ct of App, #29878) Aug 13, 1965: During Watts revolt, white officer approached Negroes occupying parked car, ordered driver to move on, heard talking, discerned one phrase, "white mother fucker". Officer reached car with shotgun drawn, finger on trigger; driver grabbed muzzle of gun, officer jumped back, gun discharged into fellow white officer, killing him. Aug 31: Grand jury indicted driver and 2 passengers for murder, conspiracy to commit murder, disarm an officer, riot, and remain at scene of riot after order to leave. Oct: 2 passengers filed petition for prohibition: arrested without probable cause on insufficient evidence. Dec 3: DCA granted writ: held neither Def actively participated in shooting, no evidence of unlawful agreement: ". . . to infer an unlawful conspiracy from . . . the fact that Pets were present in an area where many and varied unlawful acts had previously been committed . . . would be to announce a theory even less supportable than that of guilt by association, or . . . to punish Pets for `general conditions' "; no evidence of other alleged illegal acts.

Hugh R. Manes, Esq., 1680 Vine St., Hollywood, and Kenneth Thomas, Esq., 4840 W. Washington Blvd, Los Angeles.

And see Petition for Release, 404.3.

429.2f. Re Maiman, Hawkins (Los Angeles) (Coroner's Jury) Aug 16, 1965: During Watts revolt, National Guardsmen shot Joseph Maiman, hard of hearing Negro milkman, after he ignored shouts to halt, and Willie Hawkins when he allegedly tried to flee over a fence. Oct 7: Coroner's jury ruled deaths were "justifiable homicide."
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429.2g. Re Homer Ellis (Los Angeles) (Coroner's Jury) Aug 15, 1965: inquest into death during Watts revolt, atty for dec'd's widow requested right to cross-examine witness—ordered from courtroom by h'g officer. After 19 minutes jury found death caused by "justifiable homicide."

Hugh R Manes, 1680 N Vine, Hollywood.

Article: Hugh R. Manes, The Meaning of Watts, 1 Lincoln L Rev —.

Address: Isadore Ziferstein, The Watts uprising, delivered at First Unitarian Church, Los Angeles, Nov 1965.

Resolution: Los Angeles chap, Natl Lawyers Guild, on Watts revolt. 4041 Marlton Ave, Los Angeles.

Speeches: Sam Rosenwein, Hugh R. Manes, and Frank Evans, Problems of mass trials—Watts. Natl Lawyers Guild Convention, Nov. 13, 1965. Guild, 1509 Cadillac Tower, Detroit, Mich.

Film: Thomas Boyd, "A community tragedy," sociological study of Watts-Compton area, 30 min, 16 mm black and white, 1101 Ocean Front Walk, Venice, California.

430. Due Process for Juvenile Offenders (see 56)
UN DECLARATION OF HUMAN RIGHTS: Art 25(2)

Article: J Walker and A Glasner, The process of juvenile detention: The training school act, the child welfare act, 3 Osgoode Hall 343-61.

Court Rule: Aug 29, 1965: NJ Sup Ct lifted ban on newspapers, TV, radio printing names, photos, and proceedings of Juvenile Cts in response to charges of being soft on juveniles and to foster public understanding of insufficient rehabilitation facilities.


430.4. Application of Gault (Ariz Sup Ct) Facts: X DOCKET 117. Nov 10, 1965: Sup Ct affirmed Super Ct decision on every point: juvenile has no right to counsel, no right to criminal due process even when juvenile disputes his guilt, no right to transcript for appeal, no right to appeal.
430.5. Kent v US (CA DC) Facts: X DOCKET 152.* Case note: 14 Catholic U 272-78.
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.

Articles: Albert W Roche, The position for confidentiality of the presentence investigative report, 29 Albany 206-24.

Michael B Lavinsky, Executive clemency: Study of a decisional problem arising in the terminal stages of the criminal process, 42 Chicago-Kent 13-51.

Comment: Federal habeas corpus: Its increasing influence on state criminal procedure, 29 Albany 335-42.

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.

Case notes: Habeas corpus relief where subsequent decisions reveal prejudicial error in original sentence: In re Jackson 393 P2d 420, 1964) 18 Vanderbilt 749-754; 11 Wayne 552-55.

Habeas corpus will lie to give indigent Def new trial when ct-appointed attorney negligently fails to appeal death sentence: Ex parte Caldwell (383 SW2d 587, Tex Crim App 1964), 43 Texas 818-21.

452. In Federal Courts in State Cases
Comment: State post-conviction remedies and federal habeas corpus, 40 New York 154-96.
452.7. US ex rel Durocher v LaVallee (USSC) Facts: X DOCKET 47, 117. Case note: 36 Mississippi 250.
452.9. Re Aaron v Holman (Ala Sup Ct) (MD Ala, N Div) Facts: X DOCKET 117, 152. Oct 6, 1965: Coram nobis filed in state sup ct. Pending.
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.

Comment: Proposed solutions to problem of proliferation of petitions for writ of habeas corpus and 28 USC §2255 proceedings in fedl cts, 2 San Diego 101-14.

460. Sentencing and Clemency Procedures
461. Sentencing Process (and see 411)

461.6. Maxwell v Stephans, Warden (CA 8) Facts: X DOCKET 47, 117. Sept 25, 1964: Appeal argued. June 30, 1965: affirmed. Aug 9: Petition for cert filed.
462. Applications for Probation
Case note: California discourages probation officer testimony—Involuntary admissions or privilege?: California v Quinn (393 P2d 705, 1964) 17 Stanford 525-31.

Case note: District of Columbia limits trial court's discretion to deny request for presentence study: Leach v US (334 F2d 945, DC Cir 1964), 17 Stanford 754-62.

463. Applications for Parole
Case notes: Probable cause and 4th Amdt guarantees as applied to searches by parole officers of state parolees: California v Hernandez (40 Cal Rptr 100, 1964), 18 Vanderbilt 754-61; 17 Stanford 514-18.

And see Jones v Rivers, 371.8, X DOCKET 113.

464. Applications for Pardons or Executive Clemency
465. Applications for Expungement or Certificates of Rehabilitation
490. Miscellaneous Due Process (and see 429)

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490.6d. Connecticut v Griswold and Buxton (USSC) Facts: X DOCKET 48, 117, 152. Cite: 381 US 479. Notes on this case, and other birth control cases, will be reported at 295. Right of Privacy hereafter.
III. EQUAL PROTECTION (FOURTEENTH AMENDMENT) (500-599)

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

Articles: Carl Rachlin, The Civil Rights Act of 1964: A hard look. 2 Law in Trans Q 65-86.

Harry H Shapiro, Involuntary servitude: The need for a more flexible approach, 19 Rutgers 65-85.

John P Roche, Equality in America: The expansion of a concept, 43 NC 249-70.

Dale W Broeder, The Negro in court, 1965 Duke 19-31.

Daniel H Pollitt, Legal problems in southern desegregation: The Chapel Hill story. 43 North Carolina 689-767.

Paul A Freund, Civil rights and the limits of law, 14 Buffalo 199-207.

Marvin E Frankel, The Alabama lawyer, 1959-1964: Has the official organ atrophied? 64 Columbia 1243-56.

Mulford Q Sibley, Direct action and the struggle for integration, 16 Hastings 351-400.

Lindsey Cowen, Some additional thoughts on "states' rights," 39 St Johns 288-304.

Leonard Zeitz, Survey of Negro attitudes to law, 19 Rutgers 288-316.

Speeches: Lyndon Johnson, The road to justice: Mar 15, June 4, Aug 6, 1965.

Report: 1965 State civil rights legislation, Anti-Defamation League, 14 pp. 315 Lexington Ave, NYC.

Comments: Permissible classification by race, 16 Hastings 430-40.

Unconstitutional racial classification and de facto segregation, 63 Michigan 913-23.

The paradox of initiative and referendum in civil rights issues, 43 Texas 728-31.

The civil rights act of 1964, 78 Harvard 684-96.

500. Elections
501. Racial Discrimination (and see 51)
UN DECLARATION OF HUMAN RIGHTS: Art 21

Report: US Commn on Civil Rights, The voting rights act: the first months. 1965. Govt Printing Off.

Comment: The freezing concept and voter qualifications, 16 Hastings 440-45.


501.Ala.2. US v Alabama (Macon Co) (MD Ala, #479-E) (188 FSupp 759, 1959; 362 US 602, 1960; 192 FSupp 677, 1962; 371 US 37, 1962; 10 RRLR 701, Apr 1965) Facts: VIII DOCKET 37, 108. 1959: US filed original suit to enjoin discrimination against prospective Negro voters under 1957 Civil Rights Act. March 1961: DC found continuing pattern of racial discrimination, ordered Def to register certain Negroes and cease discriminatory practices. Je 1, 1962: CA affirmed; DC's power not limited to preventive relief, mandatory relief permitted by statute and equity power. Oct 22, 1962: USSC granted cert, affirmed per curiam. Nov 13, 1964: Pls applied for order requiring Defs to show cause why Defs should not be held in contempt of DC orders. Jan 6, 1965: H'g. Apr 27, 1965: DC found Defs violated orders and Civil Rights Act of 1964 by using standardized literacy test prescribed by Ala Sup Ct (1964) more stringent than previous test, perpetuating racial imbalance; rejected Negroes for inconsequential errors, omissions in applications. DC ordered Defs: (1) register 118 improperly rejected Negroes, (2) cease using new test, (3) cease rejecting Negroes on technical grounds, (4) make no changes in existing tests without DC approval, (5) file for DC approval standard notice to all rejected applicants stating specific reasons for rejection, (6) file with DC monthly progress report re registration activity. DC retained jurisdiction, deferred judgment on contempt issue.
501.Ala.3. US v Alabama (Bullock Co) (MD Ala, #1677-N) (170 FSupp 63, 1959; 7 RRLR 1146, 1962; 10 RRLR 697, 1965) Facts: VI DOCKET 69, VII, 115. Facts, status, decision similar to 501.Ala.2.
501.Ala.8. US v Atkins (Dallas Co) (formerly v Majors) (SD Ala, N Div, #2584) (7 RRLR 463, 1962; 7 RRLR 1133, 1962; 8 RRLR 1079, 1963; 10 RRLR 210, 213, 214, 704, 1204, 1965) Facts: VI DOCKET 93; VII, 52. Facts, status, decision similar to 501.Ala.2. Je 1, 1965: DC approved report of ct-appointed voting referee, which recommended 61 of 150 applicants be denied registration because not qualified to vote. Je 18: DC approved certification of 65 applicants.

And see 501.Ala.17, .17a.

501.Ala.9. US v Scarborough (formerly v Mayton and Alabama) (Perry Co) (SD Ala, N Div, #2881) (10 RRLR 709) Facts: X DOCKET 49. May 28, 1965: DC approved report of voting referee concerning 184 additional applicants: 48 denied registration as not qualified; 74 denied for failure to appear; 39 denied because already registered; 22 applicants registered.

And see 501.Ala.17, .17a.

501.Ala.12. US v Logue, Bd of Reg (Wilcox Co) (CA 5, #21603) (344 FSupp 290, 10 RRLR 706) Facts: X DOCKET 49, 118. Apr 21, 1965: CA reversed, held: DC erred in refusing to enjoin Def's use of supporting-witness requirement imposed by local rule of registrars, took judicial notice of dominant social patterns and discriminatory effect of requirement Negroes produce recommendation from class composed exclusively of white persons; therefore, held unnecessary that Gov't produce detailed evidence that rule had in fact operated discriminatorily; remanded for further proceedings in light of this decision, other decisions of CA 5 and subsequent developments in Co.

And see 501.Ala.17, .17a.

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501.Ala.13. US v Alabama. Facts: X DOCKET 118. Correction: This is same case as 501.Ala.3.
501.Ala.14. US v Alabama. Facts: X DOCKET 118. Correction: This is same case as 501.Ala.2.
501.Ala.15. US v Strong (Elmore Co) (MD Ala, N Div, #1957-N) (9 RRLR 762, 10 RRLR 710) Facts, status and decision similar to 501.Ala.2, XI DOCKET 36.
501.Ala.16. US v Alabama (MD Ala, #2255N) 1961: Legislature passed $1.50/yr poll tax as part of package of suffrage requirements allegedly to disfranchise Negroes who had voted in substantial numbers. 1964: 950,000 whites (70% of voting age) registered; 100,000 Negroes (20% of voting age) registered. Aug 6, 1965: Voting Rights Act effective; §10(b) authorizes suits by Atty Genl for injunctive relief against use of poll tax. Aug 10: Atty Genl filed suit, alleging: (1) tax discriminates against Negroes because Ala denies equal education opportunities to Negroes who therefore have lower incomes and poll tax harder to pay; (2) tax provides negligible revenue. Pending.

And see 501.Miss.22; 501.Tex.1; 501.Va.4.

501.Ala.17. Alabama ex rel Wallace v Reynolds (Dallas Co Cir Ct, Eq 8489); v Hammond (Lowndes Co Cir Ct, Eq); v Barton (Perry Co Cir Ct, Eq); v Knight (Hale Co Cir Ct, Eq 2131); v Dannelly (Wilcox Co, Eq 224); v Westbrook (Marengo Co Cir Ct, Eq 2196A) Sept 11, 1965: Ala Gov sought injunction against Co registrars to prevent their placing on state registration books names of voters registered by fedl voting examiners. Sept 11: Cts issued temporary restraining orders.

And see 501.Ala.17a, .17b.

501.Ala.17a. US v Alabama (USSC, #23 Orig) Oct 21, 1965: Atty Genl petitioned for leave to file original bill of complaint to challenge directly state ct decisions in 501.Ala.17. Oct 25: USSC required Def to respond by Nov 10. Nov 5: USSC denied US leave to file.

And see 501.Ala.17, .17b.

And see 501.La.21b, 501.Miss.23a, 501.SC.1.

501.Ala.17b. Reynolds (Dallas Co), Hammond (Lowndes Co), Barton (Perry Co), Knight (Hale Co), Dannelly (Wilcox Co), Westbrook (Marengo Co) v Katzenbach (MD Ala) and

Reynolds, Hammond, Barton, Knight, Dannelly, Westbrook v Wallace (MD Ala) Nov 12, 1965: Pl probate ct judges (Defs in 501.Ala.17 and 501.Ala.17a) sought declaratory judgment in 3-judge fedl ct against US Atty Genl and against Ala Gov; issue: whether Negroes registered by fedl registrars must be placed on state voting rolls for Nov 30 state constitutional amdt referendum. Nov: 3-judge ct held: state cts without jurisdiction to enjoin state registrars from placing on state voter rolls names of voters registered by fedl registrars; state ct injunctions in 501.Ala.17 null and void.

And see Lyon, 73.Ala.2.

501.Ga.5. Bell v Southwell (MD Ga, Americus Div, # #580, 581) Jy 20, 1965: Special election for justice of peace with segregated voting booths, polls. Pls, four Negro women, including one of candidates for office, stood in wrong line, arrested: blocking entrance to polls. Pls sued (1) to enjoin prosecution, (2) to prevent candidate-elect from assuming office, (3) to prevent destruction of voting records and ballots, (4) class action to integrate voting lists, booths, polling places, and other election procedures, (5) to declare Def-candidate not legally elected, voiding election. Supplemental memo raises authority of ct to declare election void for racial discrimination in procedure. Case consolidated with 501.Ga.5a in h'g. Jy 30: DC granted preliminary injunction against prosecution of Pls, citing Hamm, 552.SC.4d, effected release without security, prohibited future segregated voting procedures; denied motion to void election or enjoin destruction of ballots.

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

And see 501.Ga.5a, Barnum, 55.Ga.41.

501.Ga.5a. US v Southwell (MD Ga, Americus Div, #579) Same facts as 501.Ga.5. Action by US to enjoin prosecution and segregated voting practices, not for immediate release of 4 arrested Negroes (Pls in 501.Ga.5) until after phone request to Asst Atty Genl in charge of civil rights division, who telephoned request to judge. US refused request of Pls in 501.Ga.5 to pay ½ cost of transcript of commitment h'g. Pl brought two of four Negro women arrested to testify, excluding Pl-candidate and one of leaders of Americus movement. Only other US witness, FBI agent, testified arrested Negro women blocked voting booth so Sheriff had to arrest them to run orderly election. In examination by atty for Pls in 501.Ga.5, FBI witness admitted he had not observed what happened, but had been told facts testified to by Sheriff. US attys did not cross-examine any of Def's witnesses. When Atty in 501.Ga.5 allowed to cross-examine, he asked different questions from Govt attys. Cases consolidated in decision, described in 501.Ga.5.

US Atty, Civil Rights Division, Justice Dept, Washington, DC.

And see 501.Ga.5.

501.La.1, .1a, .1b. Reddix v Lucky; Sharp v Lucky; US v Citizens Council, Lucky, Louisiana (Ouachita Parish) Facts: II DOCKET 79—VIII, 37.

And see 501.La.21a.

501.La.6a. US v Manning (E Carroll Parish) (WD La) Facts: X DOCKET 49.

And see 501.La.21.

501.La.8a.. US v Fox (Plaquemines Parish) (USSC, #1032) (85 S Ct 1582, 10 RRLR 714) Facts: X DOCKET 49 at 501.La.8; X DOCKET 49, 118, 153, at 501.La.11. 1965: Prior to USSC decision (377 US 987) in 501.La.11, DC found Def continued to use multiple choice test in registration; DC ordered Reg to cease this practice and submit compliance report. Je 1, 1965: USSC affirmed DC judgment.
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501.La.8b. Perez v Rhiddlehoover (Plaquemines Parish) (25th Jud Dist Ct; ED La, #15914) Aug 31, 1965: Pl-DA sought state ct injunction against fedl voting examiners registering persons unqualified re age, 6 mth residence in Parish; Def alleged all registered met requirements by Apr 1966, next Parish election date; Ct issued temporary restraining order. Def removed to DC. Sept 3: DC dissolved state ct order.
501.La.9. US v Ward (Madison Parish) (CA 5, #21235) (349 F2d 795) See also VIII DOCKET 38-IX, 103. Aug 11, 1965: CA 5 issued freeze order effective for minimum of 2 yrs: under 14th, 15th Amdts it would be improper to limit benefit of order only to Negroes meeting age and residence requirements during discriminatory period ending Aug 1962. Sept 2: DC adopted CA 5 decree.
501.La.13a. Louisiana v Jackson, Williams (W Feliciana Parish) (CA 5) Def-Negroes among first Negroes to register; charged: making false statements on registration application. May 6, 1965: Def removed to DC. May 7: DC remanded. Def appealed remand. May 20: CA denied stay pending appeal. May 21: 2d removal petition filed; DC remanded on own motion. Je 24: CA granted stay pending 2d appeal.

Alvin Bronstein, Esq, LCDC, 603 N Farish St, Jackson, Miss.

501.La.18. Davis v Gallinghouse (Orleans Parish) (ED La) 1961: Def-Reg allegedly instituted requirements for proof of residence and identity to slow down registration of Negroes; Negroes registered on States Rights Party or no party, so ineligible to vote in Democratic primary. Aug 31, 1965: Pl sued for injunction against Reg thus delaying, limiting Negro registration. Pending.

Alvin Bronstein, Esq, LCDC, 603 N Farish St, Jackson, Miss.

501.La.18a. Gallinghouse v Katzenbach (Orleans Parish) (ED La, #15863) Aug 12, 1965: Pl, parish registrar, sued to enjoin Def-Atty Genl from enforcing 1965 Voting Rights Act. Pending.
501.La.19. Louisiana v Dawson, Martin, Johnson (Tallulah) (Jud Dist Ct) 1965: 3 Negro citizens active in voter registration charged: falsely swearing on voter registration forms they had not committed felonies. Oct 13: trial date.

Alvin Bronstein, Esq, LCDC, 603 N Farish St, Jackson, Miss.

501.La.20. Paynes v LeLee (ED La, #3071) (239 FSupp 1019, 10 RRLR 685) Negro Pl sued to recover money damages from Def individual who allegedly coerced him not to vote by threatening violence to Pl and family. Mar 30, 1965: DC held no claim of substance stated under 14th, 15th Amdts which only apply to state action, not to individual actions; cited provisions of Civil Rights Acts do not authorize private civil actions for damages; granted Def's motion to dismiss for lack of jurisdiction.
501.La.21. Louisiana ex rel Gremillion v Roosa, Manning (E Carroll Parish) (6th Jud Dist Ct, ##7678, 7200; WD La, #11365) Sept 2, 1965: La Atty Genl sought injunction against Co registrars to prevent their placing on state registration books names of voters registered by fedl voting examiners. Sept 3: Defs removed #7678 to DC; Sept 8: Pl withdrew. Sept 17: Ct issued preliminary injunction in #7200.

And see 501.La.21a, .21b.

501.La.21a. Louisiana ex rel Gremillion v Lucky (Ouachita Parish) (4th Jud Dist Ct, #73643) Facts: Similar to Roosa, 501.La.21. Sept 29, 1965: Suit filed for declaratory judgment only: pending.
501.La.21b. US v Louisiana (USSC, #24 Orig) Oct 21, 1965: Atty Genl petitioned for leave to file original bill of complaint to challenge directly state ct decision in 501.La.21. Oct 25: USSC required Def to respond by Nov 10. Nov 5: USSC denied US leave to file.

And see 501.La.17, .17a, .17b; 501.Miss.23a; 501.SC.1.

501.Miss.1a. US v Daniels and Mississippi (Jefferson Davis Co) (SD Miss) Facts: X DOCKET 50.*

And see 501.Miss.23.

501.Miss.2. US v Duke and Mississippi (Panola Co) (332 F2d 759, 1964) Facts: X DOCKET 50. Case note: 63 Michigan 932-38.
501.Miss.5. US v Lynd (Forrest Co) (CA 5, #19576) (349 F2d 785) Facts: X DOCKET 50-51. Je 16, 1965: CA 5 judged Def in civil contempt; directed Def to: place 280 Negroes on registration lists and notify them by mail; file signed report of compliance within 20 days, present list of any claimed disqualifications of listed Negroes for DC's approval or disapproval; all costs of proceedings taxed against Def.
501.Miss.6. US v Ward, Cir Clk, and Mississippi (George Co) (CA 5) Facts: X DOCKET 51, 153. Cite: 345 F2d 857, 1965.
501.Miss.9. Moses v Katzenbach and Hoover (CA DC) (342 F2d 931) Facts: X DOCKET 51. DC dismissed: decision to prosecute is discretionary administrative function beyond judicial examination. Feb 16, 1965: CA affirmed.
501.Miss.13. Kennedy v Owen (Jones Co) Facts: X DOCKET 51.

And see 501.Miss.23.

501.Miss.17. Gray v Johnson (SD Miss) Facts: X DOCKET 52, 118.

And see 501.Miss.22.

501.Miss.19. Re Contested Elections of 5 Mississippi Congressmen (US House of Reps) Facts: X DOCKET 118, 153. After delays, Clk printed challenger's petitions. Sept 17, 1965: Elections Subcomm moved to dismiss 5 contests: challengers didn't properly challenge exclusion of Negroes from registration and election before election; MFDP "mock" election had fewer "votes" than legal election. Cong Hawkins (and 4) moved to recommit H Res 585 to Common House Adm, hold further h'gs on whether qualified citizens could vote in Miss. House voted: 129 to recommit, 207 not to; to dismiss: yeas 228, nays 143.
501.Miss.20a. MFDP v Campbell (Sunflower Co) (CA 5) Facts: X DOCKET 153. Cite: 10 RRLR 818.
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501.Miss.21. Mississippi v Willis (Rolling Fork) (Sharkey Co Ct) Sept 28, 1965: Def-Negro took mother to register to vote; arrested: perjury, forgery; released on $1,000 bond. Oct 1: preliminary h'g. Feb 1966: Grand jury to hear.

Alvin Bronstein, Esq, LCDC, 603 N Farish St, Jackson.

501.Miss.22. US v Mississippi (SD Miss, #3791) Aug 7, 1965: Atty Genl filed suit under Voting Rights Act, §10(b) to enjoin Miss poll tax, alleged: (1) force or intimidation used to prevent Negroes from paying tax, (2) purpose of tax to disfranchise Negroes. Coleman, DJ, on request, relieved from hearing case. Pending before replacement Judge.

And see Gray, 501.Miss.17, X DOCKET 52, 118.

And see 501.Ala.16; 501.Tex.1; 501.Va.4.

501.Miss.23. Mississippi ex rel Patterson v Caves (Jones Co Ch Ct, #20856); v Daniel (Jefferson Davis Co Ch Ct, #4836); v Lamb (Leflore Co Ch Ct, #14735); v Campbell (Madison Co Ch Ct, #18-794); v Smith (Coahoma Co Ch Ct) Sept 7-Nov 2, 1965: Miss Atty Genl sought injunctions against Co registrars to prevent their placing on state registration books names of voters registered by fedl voting examiners. Sept 7, 8, 24: Cts issued temporary restraining orders.

And see 501.Miss.23a.

501.Miss.23a. US v Mississippi (USSC, #24 Orig) Oct 21, 1965: Atty Genl petitioned for leave to file original bill of complaint to challenge directly state ct decisions in 501.Miss.23. Oct 25: USSC required Def to respond by Nov 10. Nov 5: USSC denied US leave to file.

And see 501.Ala.17a, 501.La.21b, 501.SC.1.

501.NY.3. Cardona v Power (NY Ct of App) (209 NE2d 119) Facts: X DOCKET 52. May 27, 1965: Ct of App affirmed lower ct decision preventing Pl from taking voter literacy test in Spanish.

And see 501.NY.4, .5, .6.

501.NY.4. Morgan v Katzenbach (DC DC, #1915-65) Aug 6, 1965: NY residents sued to enjoin enforcement of §4(E) (2), 1965 Voting Rights Act (allowing non-English speaking citizens with basic education to vote) until cts determine validity of Act. Pls allege: (1) 59% of NYC's Puerto Rican population can't read English even though ballot is in English; this will dilute effect of Pl's votes; (2) Act constitutes amdt to US Constitution via ordinary statute. Nov 15: 3-judge fedl ct (2-1) held § unconstitutional interference by Congress with states' right to impose own standards for voting. McGowan, J, diss, based on Congress' power to make rules re US territories.
501.NY.5. In re O'Keefe v NY Co Bd of Elections (NY Co Sup Ct, #12412) Aug 12, 1965: Voters sued to enjoin registrars, public officials from complying with standards of 1965 Voting Rights Act. Removed to DC; dismissed for want of jurisdiction.
501.NY.6. US v Monroe Co Bd of Elections (WD NY, #11590) Oct 6, 1965: Suit by Atty Genl to enjoin Rochester Bd from denying Spanish-speaking citizens right to register under 1965 Voting Rights Act. Oct 13: DC issued temporary restraining order.
501.SC.1. South Carolina v Katzenbach (USSC, #22 Orig) Sept 27, 1965: Pl petitioned for leave to file original bill of complaint alleging 1965 Voting Rights Act unconstitutional on its face for creating "irrebuttable presumption" that state literacy tests used as device for racial discrimination; Pl contends test solely "to prevent debasement, dilution of vote" of literate electorate by injection of votes of illiterates—incompetents in field of govt. Def's reply brief argues Pl could apply for exemption from Act in DC DC if test not used to discriminate against Negroes, under provisions of Act. Nov 5: USSC granted motion, set argument for Jan 17, 1966; Black, Harlan, Stewart, JJ, diss.

And see DeLee, 55.SC.3; Barnwell Co, 55.SC.4; Allendale, 55.SC.5.

And see 501.Ala.17, .17a, .17b; 501.La.21, .21a, .21b; Miss.23, .23a.

501.Tex.1. US v Texas (WD Tex, #1570) 1902: Texas passed poll tax, allegedly to exclude populists or poor people from voting. Aug 6, 1965: Voting Rights Act effective; §10(b) authorizes suits by Atty Genl for injunctive relief against use of poll tax. Atty Genl filed suit alleging tax discriminates against Negroes because Texas denies equal education opportunities to Negroes who therefore have lower incomes and poll tax harder to pay. (Complaint did not mention Mexican-Americans who contend they are primary targets of tax.) Pending.

See also 501.Ala.16; 501.Miss.22; 501.Va.4.

501.Va.1. Butts v Harrison (USSC, #28 Misc) Facts: X DOCKET 52, 119, 153. Oct 11, 1965: USSC granted leave to proceed in forma pauperis, noted probable jurisdiction; to be argued with Harper, 501.Va.3.
501.Va.3. Harper v Virginia State Bd of Elections (USSC) (240 FSupp 270) Facts: X DOCKET 119. Argued with Butts, 501.Va.1.

And see 501.Va.4.

501.Va.4. US v Virginia (ED Va, #4423) 1902: Va passed annual $1.50 poll tax, cumulative up to 3 yrs. Aug. 6, 1965: Voting Rights Act effective; §10(b) authorizes suits by Atty Genl for injunctive relief against use of poll tax. Atty Genl filed suit alleging: (1) Tax discriminates against Negroes because Va denies equal education opportunities to Negroes who therefore have lower incomes and poll tax harder to pay; (2) Tax particularly burdensome because cumulative. Pending.

See also 501.Ala.16; 501.Miss.22; 501.Tex.1.

502. Political Discrimination

502.Calif.3. Otsuka v Hite (Calif Sup Ct) Facts: X DOCKET 154. Sup Ct agreed to hear. Oct 25, 1965: Appeal argued.
502.NJ.1. Richardson v Caputo (NJ Sup Ct) Fall 1965: United-Political Freedom Party ran candidates for many offices. Def Co Clk refused to place all Party's candidates on one line on ballot, as was done for 2 major parties. Pl candidates sued: denial of equal protection. Trial ct held for Def. Oct 19: Sup Ct reversed, ordered all Party candidates to appear on same line, altho not a "political party" within NJSA 19:1-1 definition (requiring receipt of 10% of total state vote at last election): "We must assume the Legislature intended a fair opportunity for the voters to launch new parties if they are so minded"; Clk should afford voters "a clearer opportunity to find the candidates of their choice."

Sanford Gallanter, Lawrence I Lerner, Esqs; William Rossmoore, Esq, 744 Broad St, Newark.

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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.

Book: Robert B McKay, Reapportionment: The law and politics of equal representation. 1965. 498 pp. $7. 20th Cent Fund.

Articles: John F Banzhaf, Weighted voting doesn't work: A mathematical analysis, 19 Rutgers 317-41.

Fletcher N Baldwin, Jr., and Stanley K Laughlin, Jr, The reapportionment cases: A study in the constitutional adjudication process, 17 Florida 301-54.


503.Ala.3. Reynolds v Sims (377 US 533) Facts: VIII DOCKET 109; IX, 105. Case notes: 17 Vanderbilt 1519-23; 31 Brooklyn 149-57.
503.Ga.3. Wesberry v Sanders (376 US 1) Facts: IX DOCKET 58. Case note: 2 Tulsa 83-89.
503.Md.. Article: John H Michener, The history of legislative apportionment in Maryland, 25 Maryland 1-20.
503.Mich.. Case note: Municipal and Co Govt: Johnson v Genessee Co (232 FSupp 567, ED Mich 1964) 18 Southwestern 749-50.
503.Miss.2. MFDP v Johnson, Patterson, Ladner (SD Miss, Jackson Div) Oct 17, 1965: Pl-party and 8 Negro qualified voters sued state officials for injunctive relief against Defs continuing legislative business pending reapportionment of legislature and Congressional districts by special master appointed by 3-judge fedl ct. Pls allege 1962 apportionment violates USSC "one man-one vote" rule: Issaquena Co—1 Rep for 3,576; Forrest Co—1 Rep for 26,361. Nov 6: DC granted Defs extra 45 days to file answer.

Alvin Bronstein, Esq, LCDC, 603 N Farish St, Jackson.

503.NY.1. WMCA v Lomenzo (377 US 633) Facts: VIII DOCKET 41; IX, 106. Case note: 29 Albany 133-38.
503.SC.. Article: Thomas Emmet Walsh, South Carolina looks at reapportionment, 16 South Carolina 603-14; Comment: 16 SC 634-38.
504. 14th Amendment §2 Enforcement

504.2. Lampkin and Denman v Hodges (CA DC, #19383) Facts: X DOCKET 53, 119. Appeal brief contains interesting discussion of methods Census Bureau could use to collect necessary facts on reasons for Negroes and others not voting. Dec 1965: Appeal argued.
505. Residence Requirements
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.

See WHAT'S NEW this issue.


512.Ala.3. Seals v Alabama (USSC) Facts: X DOCKET 53, 119, 154. Cite: 380 US 254.
512.Ala.5. Swain v Alabama (Talladega Co) (USSC, #64) Facts: X DOCKET 53, 119, 154. Je 25, 1965: Def filed petition for leave to file petition for writ of error coram nobis; denied Black, J, granted stay of execution pending disposition of cert. Sept 22: Def filed petition for cert; pending.
512.Ala.6. Coleman v Alabama (Ala Co Ct) Facts: X DOCKET 54, 120. Trial Ct h'g on discrimination in jury selection; new trial: new conviction.
512.Ala.7. Billingsley v Clayton (Josephson Co) (CA 5) Facts: X DOCKET 120. Dec 16-17, 1965: Argued en banc with fedl cases: Rabinowitz, 55.Ga.35, Jackson, Anderson, 55.Ga.34, X DOCKET 11; state cases: Labat, 512.La.3, X DOCKET 55, 120, 154; Davis, 512.La.10, X DOCKET 55; Scott, 512.La.17, XI DOCKET 41. Pending.
512.Ala.10. White, US (Intervenor-Pl) v Crook (MD Ala, N Dist, #2263-N) (Lowndes Co) (D Ala) Sept 1965: 5 Negroes, 4 Episcopal ministers sued for 3-judge ct to grant declaratory and injunctive relief against exclusion of Negroes and women from juries by Def jury commrs, judges, ct clks. Oct 25: US intervened (first time in jury-exclusion case) under 1964 Civil Rights Act. Pending.

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

512.Ark.2. Steward v Arkansas (USSC) Facts: X DOCKET 54, 154. Cite for cert den: 379 US 935.
512.Ga.7. Vanleeward v Georgia (USSC) Facts: X DOCKET 120, 154. Cite for cert den: 380 US 982.
512.Ga.11. Georgia v O'Bryant (Augusta) Def challenging exclusion of Negroes from jury duty under Ga act: (1) setting subjective test of choosing "upright citizens," (2) taking names from tax return records, excluding those who file no tax returns. Pending.

Jack Ruffin, Esq, 930 Guinette St, Augusta, Ga.

512.La.2 and 3. US ex rel Poret and Labat v Sigler (CA 5, # #22218) Facts: X DOCKET 55, 120, 154. Dec 16-17, 1965: Argued en banc with 5 other cases; pending.

See Billingsley, 512.Ala.7.

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512.La.3a. Labat, et al v La State Penitentiary (Angola) (CA 5) Facts: X DOCKET 155. DC held for Def. Appeal pending.
512.La.10. Edward Davis v Gov Davis (formerly Re Davis) (CA 5, #21976) Facts: X DOCKET 55, 120. Dec 16-17, 1965: Argued en banc with 5 other cases; pending.

Additional counsel: Adolph J Levy, Esq, 1407 Pere Marquette Bldg, New Orleans.

See Billingsley, 512.Ala.7.

512.La.17. Scott v Walker (CA 5, #20814) Convicted Def raised jury exclusion question in collateral attack. Dec 16-17, 1965: argued en banc with 5 other cases; pending.

Harris M English, Esq, 420-22 America St, Baton Rogue.

See Billingsley, 512.Ala.7.

512.Miss.5. Mississippi v George Gordon: Gordon v Breazeale (ND Miss, #GC 645) Facts: X DOCKET 56. DC held for Pet; state did not appeal. Pet to be retried.
512.Miss.6. Harper v Mississippi (171 So2d 129, 1965) Facts: X DOCKET 120, 155. After Sup Ct reversal, Def pleaded guilty to attempted rape: 20 yrs.
512.Miss.9. Smith v Mississippi (Miss Sup Ct) Facts: X DOCKET 155. Cite: 169 So2d 451.
513. Involving Economic Discrimination
And see Epton, 512.NY.5.
514. Involving Political Discrimination
515. Involving Discrimination Against Women
And see 512.Ala.10.
516. Involving Other Discrimination

516.1. Lewison v Ryan (Brooklyn Sup Ct) May 20, 1965: Pl college prof, blind since birth, received jury notice. May 21: When Pl appeared for jury duty, Def, clk of division of jurors, summarily rejected him. Nov 19: Pl sued: blindness not a handicap in trying all cases; blind attys are not objected to; no authority to reject all blind persons. Pending.
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.

521. Challenges to Unequal Facilities
522. Suits to Enforce Integration
See WHAT'S NEW this issue.

Reports: Southern Regional Council, Black belt schools: beyond desegregation. 1965. 40 pp. 5 Forsyth St NW, Atlanta.

US Dept of HEW, Summer institutes for school desegregation. 1965. Govt Printing Off.

References: US Dept of HEW, Office of Educ, Dropouts: selected references. 1964. Govt Printing Off.

Articles: Skelly J Wright, Public school desegregation: Legal remedies for de facto segregation, 40 New York 285-309.

Owen M Fiss, Racial imbalance in public schools: The constitutional concepts, 78 Harvard 564-617.

Jacob D Hyman and Wade J Newhouse, Jr, Desegregation of schools: The present legal situation. 14 Buffalo 208-31.

Comment: The constitutionality of de facto school segregation, 41 North Dakota 346-52.


522.Ala.1b. Whetstone v Rogers (U of Ala) (ND Ala, #65-516) Jy 31, 1965: Pl-Negro graduate student brought suit to enjoin discriminatory admission policies. Aug 9: DC overruled motion for temporary injunction. Pending.

Fred Gray, Esq, 34 N Perry St, Montgomery; NAACP Inc Fund.

522.Ala.2a. Armstrong v Bd of Educ (Birmingham) (ND Ala, #9678) Facts: X DOCKET 56. Aug 1964-Aug 1965: Token number of Negro children transferred to white schools in grades specified in DC plan of Je 29, 1964.
522.Ala.5. Lee and US v Macon Co Bd of Educ, State Bd of Educ (Tuskegee) (MD Ala, E Div, #604-E) (10 RRLR 588) Facts: X DOCKET 57, 155. Jan 15, 1966: Bd to submit permanent plan.
522.Ala.6. Hereford v City of Huntsville (ND Ala., #63109) (9 RRLR 1183, 1964) Facts: X DOCKET 57. Fall 1965: 2nd and 9th grades included in plan of Jy 27, 1964.
522.Ala.9. Franklin v Parker (formerly v Auburn Univ Trs) Facts: X DOCKET 57. Case note: 18 Oklahoma 81-2.
522.Ala.11. Miller v Bd of Educ (Gadsen) (ND Ala, #63-574) Facts: X DOCKET 58. Fall 1965: Grades 2 and 9 added to plan of Jy 27, 1964.
522.Ala.12. Harris v School Bd (Bullock Co) (MD Ala, #2073N) Facts: X DOCKET 58, 155. Cite: 10 RRLR 586.

Fred D Gray, Esq, 34 N Perry St, Montgomery; NAACP Inc Fund.

522.Ala.13. Carr v School Bd (Montgomery Co) (MD Ala, #2072-N) Facts: X DOCKET 58, 155. Cite: 10 RRLR 582.
522.Ala.14. Brown and US (Intervenor) v Bd of Educ (Bessemer) (formerly Pls v) (CA 5, #22862) (10 RRLR 1011, 1014; 349 F2d 1021) Facts: X DOCKET 155. Jy 9, 1965: DC ordered Bd to submit desegregation plan. Jy 9: Bd submitted plan: 4 grades/yr; assignment on basis of race with right to apply for transfer. Jy 30: DC approved plan with minor modifications. Aug 17: CA vacated and remanded to DC in light of Singleton, 522.Fla.21, and Price, 522.Tex.25. Aug 27: Bd submitted amended plan with minor changes. Aug 27: DC overruled objections, approved as submitted, noting school to start in 4 days; Bd to restudy plan in light of objections, report by Dec 31. Pending.
522.Ala.15. Boykins v Bd of Educ (Fairfield) (ND Ala, #65499) (10 RRLR 1007) Pl-Negro children brought class action against city school officials to restrain continued operation of biracial school system, or for desegregation plan. DC ordered Defs to submit plan. Aug 19, 1965: DC rejected Def's plan, ordering amendments. Aug 23: DC approved amended freedom-of-choice plan over Pls' objections: Fall 1965: grades 7, 8, 10, 12, and 1st grade by application for transfer after registration at segregated school; Fall 1966: grades 2, 3, 9 and 11; Fall 1967: grades 4, 5 and 6. Sept 7, 1965: DC granted injunction. Oct 22, 1965: US Gov't appealed DC order of Aug 23. Pending.

Demetrius Newton and Orzell Billingsley, Esqs, 1630 4th Ave N, Birmingham; NAACP Inc Fund.

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522.Ala.16. Stout and US (Intervenor) v Bd of Educ (Jefferson Co) (ND Ala, #65-396; CA 5, #22864) (349 F2d 1021, 10 RRLR 1024) Pl-Negro pupil brought class action seeking injunction requiring complete desegregation for pupils, teachers, staff. Je 23, 1965: DC ordered submission of desegregation plan operative Sept 1965: held plan for assignments premature. Je 30: Bd submitted plan—Fall 1965: freedom of choice transfers for grades 9, 11, 12, and for 1st grade after initial registration at segregated school; Fall 1966: grades 2, 3, 8, 10; Fall 1967: complete desegregation. Jy 23: DC approved plan. Aug 17: CA 5 vacated and remanded for reconsideration in light of Singleton, 522.Miss.2, and Price, 522.Tex.25. Aug 27: DC approved amended plan over Pls' objections: 7th grade added for Fall 1965; freedom of choice for new students entering school system. Pl and US appealed. Pending.

Oscar Adams, Esq, 1630 4th Ave N, Birmingham; NAACP Inc Fund.

522.Ala.17. Re Barbour Co Bd of Educ, Ala State Bd of Educ (Dept of Health, Education and Welfare H'g Exam) Oct 18, 1965: H'g begun under 1964 Civil Rights Act, Tit VI (which bans discrimination in federally-assisted programs) to cut off present $12,000 fedl aid to Resp-Co Bd (because large fedl installations in Co) and prevent proposed $603,000 to aid "disadvantaged children." Resps did not appear at h'g, first of 63 re noncomplying bds. Pending.

Lawrence Davis, Esq, US Dept of HEW, Washington, DC.

522.Ala.18. Brown v Bd of Educ (Demopolis) (ND Ala) 1965: Desegregation suit filed. Pending.

And see Dickerson (Ala State College), 24.43.

522.Ark.6. Whitfield v Univ of Ark Bd of Trs (ED Ark, W Div, #LR-64-C-111) Facts: X DOCKET 58, 156. Cite: 10 RRLR 574.
522.Ark.7. Rogers v Paul (Fort Smith) (CA 8, #17,870) (345 F2d 117) Facts: X DOCKET 58, 156. Cite: 10 RRLR 598.
522.Ark.8. Yarbrough v Weaver (W Memphis) (ED Ark, #J-65-C-8) (243 FSupp 65, 10 RRLR 1030) Facts: X DOCKET 156. Je 18, 1965: DC overruled Pl's objections, found Bd plan acceptable: 3 yr period; "free choice"; racial school zones; transfer provisions; notice provisions, held: procedures cannot presently be set for desegregation of faculty, staff.
522.Ark.9. Kemp v School Dist (Eldorado) (WD Ark, #ED 1048) Facts: X DOCKET 156. Cite: 10 RRLR 591.
522.Calif.5. Crawford v Bd of Educ (Los Angeles City) (Bd of Educ) Facts: X DOCKET 58. Awaiting further admr proceedings before Bd.
522.Fla.3. Manning v Bd of Educ (Hillsborough Co) (MD Fla, Tampa Div, Civ #3554) Facts: X DOCKET 58, 121, 156. Feb 19, 1965: DC ordered further h'gs. Sept 27: DC awarded Pls $311.58 costs.
522.Fla.5. Augustus v Bd of Educ (Escambia Co) (ND Fla, #1074) Facts: X DOCKET 58, 156. Sept 14, 1965: Pls filed motion to require DC to rule on parties' summaries of claims. Oct 17: DC upheld Def's administration of transfer plan.
522.Fla.6. Tillman v Bd of Pub Inst (Volusia Co) (SD Fla, Jacksonville Div, #4501) Facts: X DOCKET 59, 156. Cite: 10 RRLR 609.
522.Fla.7. Bd of Educ v Braxton (Duval Co) (Jacksonville) (MD Fla, #4598) (10 RRLR 1043) Facts: X DOCKET 59, 121, 156. Jy 9, 1965: DC considered Pl's motion for relief. Consent order entered to amend and expedite plan: 1965—4 grades; 1966—6 grades. Nov 2-4: Trial on motion for further relief. Pending.
522.Fla.11. Ellis v Kipp, Bd of Educ (Orange Co) (SD Fla, Orlando Div #1215) (10 RRLR 121) Facts: X DOCKET 59. Nov 2, 1965: Pls filed motion for progress report.
522.Fla.12. Steele v Bd of Pub Inst (Leon Co) (ND Fla, #854) Facts: X DOCKET 59, 156. Cite: 10 RRLR 605.
522.Fla.13. Mills v Bd of Educ (Polk Co) (MD Fla, Tampa Div, #63-150) (10 RRLR 124) Facts: X DOCKET 59, 121, 156. Mar 16, 1965: DC approved plan for desegregation: 3 grades a year, starting Fall 1965. Sept 15: Pls filed motion for census of Negro and white students and teachers under DC plan. Oct 4: census report received: Co Jr College totally desegregated, one Negro teacher; 56 Negro students attending Barton Air Base Vocational School; 171 Negro students assigned to 10 formerly all-white schools in grades 11, 12.
522.Fla.14. Scott v Bd of Educ (St John's Co) (MD Fla, #4894) Facts: X DOCKET 59. Aug 19, 1964: Defs reported 19 Negro children in formerly all-white schools in grades 1-9. Pending.

Earl M Johnson, Esq, 625 W Union St, Jacksonville; NAACP Inc Fund.

522.Fla.17. Hammond v Univ of Tampa (MD Fla, #63-51) (344 F2d 951) Facts: X DOCKET 59, 156. Cite: 10 RRLR 575.
522.Fla.18. Youngblood v Bd of Educ (Bay Co) (ND Fla, #572) Facts: X DOCKET 59. DC approved Def's grade-a-year desegregation plan to begin Fall 1965. Sept 27, 1965: DC taxed costs ($70.88) to Def.
522.Fla.19. Major v Bd of Educ (Monroe Co) (SD Fla, #64-331) Facts: X DOCKET 59, 156. Je 11, 1965: DC awarded costs to Pls. Oct 4: Final decree signed.
522.Fla.20. Bradley v Bd of Educ (Pinellas Co) (MD Fla, Civ #64-98-T) (10 RRLR 117) Facts: X DOCKET 60, 121. Sept 20, 1965: DC granted bill of costs; Defs submitted plan to draw unitary zones for all grades over 3 yr period. Fall 1965: Defs began teacher desegregation. Nov 5, 1965: Pls filed motion for further relief because of discriminatory operation of transfer plan. Nov 16: DC denied Pls' motion. Pending.
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522.Fla.22. Wright v Bd of Pub Inst (Alachua Co) (ND Fla, #367) Facts: X DOCKET 60, 156. Cite: 10 RRLR 611.
522.Fla.23. Harvest v Bd of Educ (Manatee Co) (MD Fla, #65-12) Facts: X DOCKET 121, 156. Sept 14, 1965: Defs entered certificate of compliance by offering "freedom of choice" plan for student assignments.
522.Fla.26. Sharpton v Bd of Educ (Indian River Co) (SD Fla, Miami Div, Civ #64-721) (10 RRLR 605) Facts: X DOCKET 156. Oct 29, 1965: DC granted Pls' motion for accelerating desegregation; 1966: grades 1-4, 9-12; Fall 1967: grades 5-8. Also, DC struck from plan of Apr 16, 1965 privilege of attending nearest school where person's race predominates.
522.Fla.27. Lawson v Bd of Educ (Suwannee Co) (ND Fla, Jacksonville Div, Civ #65-18) Mar 1965: Pl-Negro student filed complaint. Apr 6, 1965: Answer and motion to dismiss filed. Apr 26: H'g; pending.

Earl M Johnson, Esq, 625 W Union St, Jacksonville; NAACP Inc Fund.

522.Ga.3. Calhoun v Latimer (Atlanta) (CA 5, #22671) (10 RRLR 621) Facts: X DOCKET 60, 157. Aug 31, 1965: CA sustained Pls' motion for voluntary dismissal of appeal to expedite DC h'g on Def's new plan ostensibly desegregating all grades Sept 1965.
522.Ga.6. Roberts v Stell (Savannah-Chatham) (SD Ga, #1315) (10 RRLR 1044) Facts: X DOCKET 60, 121, 157. Aug 1964: Bd submitted amended plan: 2 grades/yr from both ends. Aug 1965: DC rejected plan, heard testimony concerning divergent achievement levels between races; ordered submission of plan assigning pupils on basis of aptitude.
522.Ga.8. Gaines v Bd of Educ (Dougherty Co) (MD Ga) Facts: X DOCKET 60, 121, 157. Sept, 1965: Bd informed Negro transferees to white school they were ineligible for sports under "migrant student" rule. Pls filed motion for further relief. Settled out of ct: all students who withdrew because ineligible for sports admitted to white school, which now has Negroes on band and in sports.
522.Ga.9. Harris v Gibson and Bd of Educ (Glynn Co) (SD Ga, #717) Facts: X DOCKET 60. Apr 26, 1965: Def-Gibson filed motion to accelerate desegregation under CA order of Je 18, 1964. Je 9: DC denied motion.

Donald Hollowell, Esq, 859½ Hunter St NW, Atlanta; NAACP Inc Fund.

522.Ga.10. Bivins v Bd of Pub Inst (Bibb Co) (MD Ga, Macon Div, #1926) Facts: X DOCKET 60, 157. Cite: 10 RRLR 126, 617.
522.Ga.12. Acree v Bd of Educ (Richmond Co) (SD Ga, Augusta Div, #1179) (10 RRLR 615) Facts: X DOCKET 61. Aug 27, 1964: DC ordered both parties to submit plans. Nov 3: DC held Def's plan reasonable: grades 1-3 for students living in school attendance zone, denied motion for preliminary injunction. Pls' appeal to CA 5 withdrawn after Def agreed to add 12th grade. Summer 1965: petition for mandatory injunction filed so Negro girl could take algebra course at previously segregated summer school session. Pending.

Jack Ruffin, Esq, 930 Gevinette St, Augusta, Ga; Donald L Hollowell, Esq, 859½ Hunter St NW, Atlanta.

522.Ga.14. Thomie v Bd of Educ (Houston Co) (MD Ga, #2077) Facts: X DOCKET 157. May 20, 1965: DC approved Def's plan desegregating grades 1 and 9-12 in Sept 1965; all grades by Fall 1968, overruled Pls' objections to failure to include faculty desegregation.

Thomas Jackson, Esq, 845 Forsyth St, Macon; Donald Hollowell, Esq, 859½ Hunter St NW, Atlanta; NAACP Inc Fund.

522.Ga.15. Pls v Taliaferro Co Bd of Educ (Crawfordsville) (SD Ga, Augusta Div) Sept 1965: Bd closed white Co school, planned to bus white students to other segregated schools. Pl Negroes filed desegregation suit, picketed; Def fired 5 Negro teachers, 1 principal for participating. Oct 14: 3-judge fedl ct: (1) declared Co school system bankrupt, appointed Ga Supt of Schools as receiver with authority to reopen Co white school for Negro and white, order other Cos to accept Co Negro students, or other plan; (2) ordered all racial demonstrations ended; (3) enjoined state ct trials of 7 Negroes (Turner) for disturbing church services.

And see Cabe, 51.Ga.7a.

And see Washington, 63.35.

522.Ill.1. Webb v Bd of Educ (Chicago) (ND Ill, #65051) Facts: X DOCKET 61. New action filed. Pending.

James D Montgomery, Esq, 30 W Washington, Raymond Harth, Esq, 109 N Dearborn, William R Ming, Esq, all of Chicago; Paul B Zuber, Esq, 2816 Eighth Ave, NYC; NAACP Inc Fund.

522.La.2. Hall and US v School Bd (St Helena Parish) (ED La, #1068) (10 RRLR 1066) Facts: X DOCKET 61, 122, 157. Jy 23, 1965: DC found Bd had implemented 1964 plan, but too slowly. Ordered grades 1, 9, 10, 11, 12 desegregated Fall 1965, all grades by 1968. Aug 20, 1965: DC ordered Bd to mail notices to Negro parents, informing them of right to enroll in formerly white schools.
522.La.4. Davis v Bd of Educ (E Baton Rouge) (ED La, Baton Rouge Div, #1662) (219 FSupp 876) Facts: X DOCKET 62, 157. All applicants for transfer in grades 1, 10, 11 and 12 accepted by Bd (approx 130). Aug 9, 1965: Pls filed notice of appeal in CA 5. Pending.
522.La.13. Harris, Crayton v St John the Baptist Parish School Bd (ED La, New Orleans Div, #13212) (10 RRLR 631) Facts: X DOCKET 62, 122. Je 16, 1965: DC approved plan similar to plan in 522.La.29.
522.La.14a. Lemon and US v Bd of Educ (Bossier Parish) (WD La, Shreveport Div, #10,687) (240 FSupp 740, 10 RRLR 1073) Facts: X DOCKET 122, 157. Defs moved for rehearing and dismissal for failure to join State Bd of Educ as indispensable party. Apr 28, 1965: DC denied both motions, held State Bd not indispensable party. Jy 28: DC issued order: 4 grades/yr, beginning in 1966 term; Fall 1965—students in grades 1-12 authorized to request assignments, with Def Bd having great discretion in granting transfers; all grades desegregated by Fall 1968. Aug 17: CA vacated and remanded in light of Price, 522.Tex.25, Singleton, 522.Miss.2. Aug 20: DC issued amended order: Fall 1965, grades 1, 2, 11 and 12; Fall 1966, grades 3, 4, 9 and 10; Fall 1967, grades 5-8—with provisions for notice.

Jesse N Stone, Jr, Esq, New Orleans; NAACP Inc Fund.

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522.La.16. Conley v School Bd (WD La, Civ #9981) Facts: X DOCKET 61, 122, 157. Cite: 10 RRLR 627.
522.La.18. McCoy v La State Bd of Educ (Northeast State College) (CA 5) Facts: X DOCKET 62, 122, 157. Cites: 345 F2d 720, 10 RRLR 576.
522.La.20a. Redman v Bd of Educ (Terrebone Parish) (ED La, #15663) Pls sued to enjoin school segregation. Complaint amended to intervene teachers. Pending.

A P Tureaud, Esq, 1821 Orleans Ave, New Orleans; NAACP Inc. Fund.

522.La.23. Poindexter v La Financial Assistance Comm (ED La, #14,683) Facts: X DOCKET 63. Mar 19, 1965: 3-judge fedl ct heard def's motion to dismiss. Pending.

A P Tureaud, Esq, 1821 Orleans Ave, New Orleans; NAACP Inc. Fund.

522.La.24. Valley v Bd of Educ (Rapides Parish) (CA 5, #22832) (10 RRLR 1077) Facts: X DOCKET 122, 157. Jy 9, 1965: DC ordered Bd to submit plan. Jy 26: DC accepted plan: 1965—grades 1, 12; 1966—grades 2, 11; 1967—remainder; included transfer provisions, with criteria for ruling on applications. Aug 17: CA granted US motion to intervene, vacated and remanded for consideration in light of Price, 522.Tex.25, Singleton, 522.Miss.2. Aug 19: DC ordered addition of grades 2, 11 in 1965, notice of same by publication, actions on all transfer applications by Aug 27. Requests for further relief pending.
522.La.27. Potts v La State Bd of Educ (La Polytechnic Inst) (ED La) Facts: X DOCKET 123. 1961: After Southern student demonstrations began, Def adopted regulation: automatic suspension of any student "arrested and incarcerated." Feb 1965: Pl became first Negro at Def Inst. Jy: Pl participated in demonstration in Jonesboro; arrested. Def suspended Pl. Aug: Pl sued for reinstatement. Sept 17: DC issued preliminary injunction reinstating Pl, held regulation unconstitutional when applied to 1st Amdt activities.
522.La.28. Carter v School Bd (W Feliciana Parish) (CA 5, #22855) (349 F2d 1020, 10 RRLR 1056) Facts: X DOCKET 158. Jy 30, 1965: DC ordered minimum desegregation plan, from both ends, to be accomplished by 1968 term. Aug 18: CA remanded for further consideration in light of Singleton, 522.Miss.2, and Price, 522.Tex.25. Aug 31: DC denied Pl's motion to desegregate 4 grades Sept 3, 1965, accelerated plan to provide for total desegregation by 1967 term, 2 grades in 1965, 5 in 1966 and 1967.
522.La.29. Smith v School Bd (St Tammany Parish) (ED La, New Orleans Div, #15463) Facts: X DOCKET 158. Cite: 10 RRLR 639.
522.La.30. Trahan v School Bd (Lafayette Parish) (WD La, #10903) (244 FSupp 583, 10 RRLR 643) Facts: X DOCKET 158. Je 7, 1965: DC approved plan similar to plan in 522.La.31, except 5th grade included for 1965, 6th grade substituted for 10th in 1966.
522.La.31. Monteilh v Bd of Educ (St Landry Parish) (WD La, Opelousas Div, #10,912) (10 RRLR 634) Facts: X DOCKET 158 at 522.La.30. Je 7, 1965: DC approved plan for desegregation based on "freedom of choice": Fall 1965—grades 1, 12; Fall 1966—grades 2, 10, 11; Fall 1968: all remaining grades; disapproved provision by which Bd reserved right to place pupil in school other than his choice because of scholastic ability, aptitude, "compatibility" with chosen school.
522.La.32. Dandridge v School Bd (Jefferson Parish) (ED La, #14801) (10 RRLR 1061) Facts: X DOCKET 158. Je 22, 1965: DC set out plan calling for 4 grades/yr; all assignments for 1965 term based on "freedom of choice"; Bd is to consider: student's desire, record and aptitude, and school's space. Pl's appeal pending.
522.La.33. Jamieson v Louisiana State Bd of Educ (ED La, #3173) (10 RRLR 1004) Facts: X DOCKET 158. May 6, 1965: DC ordered enrollment of white student on same terms as Negro applicants.
522.La.35. LeBeauf v State Bd of Educ (formerly 25 Pls v Tugwell) (ED La, Baton Rouge Div, Civ #3154) Facts: X DOCKET 158. Cites: 244 FSupp 256, 10 RRLR 1069.
522.La.36. Gordon v Bd of Educ (Jefferson Davis Parish) (WD La, #10902) Facts: X DOCKET 158. DC ordered revision of desegregation plan to conform with Price, 522.Tex.25, Singleton, 522.Miss.2, and US Dept of Educ standards, as adopted in La in Lemon, 522.La.14a.

A P Tureaud, Esq, 1821 Orleans Ave, New Orleans; Jesse Stone, Esq, Shreveport; NAACP Inc Fund.

Same facts, ruling, counsel in:

522.La.37. Jones v Bd of Educ (Caddo Parish) (WD La, Civ #11,055) Facts: X DOCKET 158 at 522.La.36. For opinion see 522.La.36.
522.La.38. Robertson v Bd of Educ (Natchitoches Parish) (WD La) Facts: X DOCKET 158 at 522.La.36. For opinion see 522.La.36. Appeal pending.
522.La.39. Graham v Bd of Educ (Evangeline Parish) (WD La, Civ #11,053) (244 FSupp 583) Facts: X DOCKET 158 at 522.La.36. For opinion see 522.La.36.
522.La.40. Moore v School Bd (Tangipahoa Parish) (ED La, #15556) (10 RRLR 638) Facts: X DOCKET 158 at 522.La.36. Je 9, 1965: DC approved plan similar to plan approved in 522.La.29: desegregation completed in 4 yrs, attendance zones eliminated.
522.La.41. Dunn v Bd of Educ (Livingston Parish) (ED La, Civ #3197) (10 RRLR 1063) Facts: X DOCKET 158. Jy 8, 1965: DC approved Def's plan, commencing desegregation with grades 1, 12 by Fall 1965; complete desegregation by 1968, with continuous desegregation "from both ends"; DC listed criteria for deciding transfer requests, denied Pls' motion for revised plan to conform to US Dept of Educ standards.
- 45 -

522.La.42. George v Davis (East Feliciana Parish) (ED La, Baton Rouge Div, Civ #3253) Pls-Negro students sued to enjoin continued operation of segregated school system. Aug 13, 1965: DC orderd abolition of dual school system, entered "freedom of choice" desegregation plan: Fall 1965: grades 1, 12; Fall 1966: grades 2, 3, 8, 9, 10; Fall 1967: all remaining grades; DC ordered Defs to met US Dept of Educ standards on teacher assignments "in succeeding years, barring some administrative difficulty of which the court is not now apprised."
522.La.43. Jenkins v Bd of Educ (Bogalusa) (ED La, New Orleans Div, #15798, Div "B") (10 RRLR 1068) Jy 19, 1965: Pls filed desegregation suit, then request for admissions, motion for temporary restraining order. Aug 12: US moved to intervene. Aug 13: DC permitted intervention, ordered desegregation: 1965: 2 grades; 1966: 5 grades; 1967: 5 grades; ordered Def to met US Dept of Educ standards on teacher assignments "in succeeding years."

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

And see Hamilton, 55.La.8.

522.La.44. Banks v Bd of Educ (Claiborne Parish) (WD La, Shreveport Div, #11304; CA 5, #22883) (349 F2d 1022) Aug 10, 1965: Pls-Negro children sued for desegregation of schools. DC refused to grant preliminary injunction, Pls applied to CA for relief pending appeal. Aug 26: CA remanded for consideration in light of Price, 522.Tex.25, and Singleton, 522.Miss.2. Aug 27: DC entered permanent injunction restraining Defs from operating segregated school system, ordered Defs to submit desegregation plan. Oct 11, 1965: DC amended and adopted Def's "freedom of choice" plan, deleting Def's power to deny transfer if pupil known to be "problem" or if his school work is unsatisfactory; Jan 1966: desegregation of grades 1, 8, 9, 12; Fall 1966: grades 2, 7, 10, 11; Fall 1967: all remaining grades; provision for notice to parents, abolition of dual school districts, 7 non-racial criteria for considering transfer applications.

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

522.La.45. Johnson v Bd of Educ (Jackson Parish) (WD La, Monroe Div, #11,130) Jy 8, 1965: Pls-local Negroes sued to enjoin sale of new school bond issue and to desegregate schools. Jy 22: DC granted injunction, ordered Defs to submit desegregation plan. Oct 5: DC rejected Def's plan, adopted its own: Jan 1966, desegregation of grades 1, 2, 11, 12; Fall 1966, grades 3, 4, 9, 10; Fall 1967, remaining grades; plan includes provisions similar to those in Banks, 522.La.44.

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

522.La.46. Henderson v Bd of Educ (Iberia Parish) (WD La, #11,126) DC approved Def's plan for complete desegregation in Fall 1965.
522.La.47. Welton v Bd of Educ (Ascension Parish) (ED La, #3257) Oct 19, 1964: DC ordered Def to begin desegregating Jan 25, 1965 all initial assignments of pupils at least to grades 1, 2, 11, 12; that process be continuous, including additional grades from both top and bottom so that all grades desegregated by Fall 1967.

A P Tureaud, Esq, 1821 Orleans Ave, New Orleans; NAACP Inc Fund.

522.La.48. Williams v Kinbrough (Madison Parish) (WD La, #11,329-M) 1965: Complaint filed: DC denied motion for temporary restraining order. Nov 12, 1965: H'g on motion for preliminary injunction. Pending.

Murphy Bell, Esq, 871 S 13th St, Baton Rouge; NAACP Inc Fund.

522.La.49. Battise v Bd of Educ (Acadia Parish) (WD La, #11125) (244 FSupp 583) DC ordered revision of Def's desegregation plan to conform to rulings of CA 5 in Price, 522.Tex.25, and Singleton, 522.Miss.2.

NAACP Inc Fund.

522.La.50. Boyd v Bd of Educ (Points Coupee Parish) (ED La, #3164) (10 RRLR 1053) Pls brought desegregation suit. Jy 8, 1965: DC approved Def's plan to desegregate grades 1, 12 in Sept 1965, all grades by Sept 1968; denied Pls' motion to have plan conform to US Dept of Educ standards.

A P Tureaud, Esq, 1821 Orleans Ave, New Orleans; NAACP Inc Fund.

522.La.51. Thomas v Bd of Educ (W Baton Rouge Parish) (ED La, #3208) (10 RRLR 1076) Same facts and ruling as in Boyd, 522.La.50, and Dunn, 522.La.41.
522.Mass.1. Barksdale v School Comm (Springfield) (CA 1, #6481) (348 F2d 261, 10 RRLR 1085) Facts: X DOCKET 123, 158. Jy 12, 1965: CA vacated: because of Def's voluntary decision to reduce racial imbalance, Pls have no present need for judicial relief; dismissed without prejudice; CA observed: Pls have no constitutional right to have all segregation removed "at all costs."
522.Mass.2. Bd. of Educ v Commr of Educ (New Bedford) (Mass Sup Jud Ct) (208 NE2d 814) Je 12, 1964: Pl-local school bd brought bill in Super Ct against Def-Commr seeking declaration that Pls not required to take racial census in local schools at request of Def, that Def may not withhold state school aid from Pls because of failure to make census. Sept 28: Super Ct dismissed bill on Def's demurrer; Pls appealed. Je 23, 1965: Sup Ct reversed and remanded, finding state law authorizes Commr to compel production of information of general character sought, taking judicial notice that racial problems affect state schools, and information about racial composition might be of value to education dept, and determining that if census were found not required on remand, school aid could not be withheld for failure to compile census reports.
522.Miss.2. Singleton v Bd of Educ (formerly Evers v) (Jackson) (CA 5, # #20824, 20835, 20826, 22527; SD Miss, #3379) (384 F2d 729, 10 RRLR 1096) Facts: X DOCKET 63, 123, 158. Je 22, 1965: CA ordered revision of Def's grade-a-year plan to conform to US Dept of Educ standards: "the time has come for foot-dragging school boards to move with celerity toward desegregation"; granted Pls' motion for injunction with directions that DC order Def to submit plan extending to at least 4 grades for Fall 1965 and complete desegregation by Fall 1967. Aug 5: DC tentatively approved Def's plan desegregating grades 1-3, 12 in Fall 1965, 4 grades each succeeding year on "freedom of choice" basis; faculty, staff, and in-service training meetings to be desegregated Fall 1965. Dec 9: H'g on Def's appeal; pending.
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522.Miss.3. Hudson v Bd of Educ (Leake Co) (CA 5, #20825; SD Miss, #3382) Facts: X DOCKET 63, 123. Oct 1964: DC denied Pl's motion for further relief. Je 24, 1965: Pl moved for further relief, objecting to Def's desegregation plan. US Govt moved to intervene as Pl. Pending. Sept: Def integrated grades 1-4, 11-12.
522.Miss.8. Henry v Bd of Educ (Clarksdale) (ND Miss, Delta Div, #DC6428) Facts: X DOCKET 63, 123. Mar 1965: DC disapproved some of school zones drawn by Def, which Pl charged were gerrymandered, required some zones to be redrawn and submitted for approval, ordered desegregation in 5 grades for Fall 1965, with all grades desegregated by Fall 1967, immediate equalization of facilities in Negro schools, permits to Negroes, regardless of grade, to transfer to obtain courses not available in Negro schools. Pls' appeal pending.
522.Miss.9. Gladney v Bd of Educ (Moss Point) (SD Miss, Civ #3004) (10 RRLR 1108) Facts: X DOCKET 123. Mar 13, 1965: DC enjoined Def from continued operation of segregated schools, ordered submission of desegregation plan. Jy 20: DC rejected grade-a-year plan as originally required, directed Def to submit revised plan to conform to CA holding in Singleton, 522.Miss.2. Aug 16: DC approved plan—Fall 1965, grades 1-3, 12 desegregated, with notice of plan by publication; desegregate 4 grades/yr thereafter.

Jack Young, Esq, 115 N Farish St, Jackson; NAACP Inc Fund.

522.Miss.10. Anderson v Bd of Educ (Canton City and Madison Co) (SD Miss, #3700) (10 RRLR 1092) Facts: X DOCKET 123. Aug 5, 1965: DC approved city plan, desegregating grades 1-3, 12 in Fall 1965 and 4 grades/yr thereafter DC rejected Co plan, directed adoption of plan to conform with City.

Marian Wright, Esq, 538½ N Farish St, Jackson; NAACP Inc Fund.

522.Miss.11. Killingsworth v Bd of Educ (Clarke Co, Enterprise Dist, Quitman Dist) (SD Miss, Civ #1302 (E)) (10 RRLR 1112) Facts: X DOCKET 158. Je 1965: Def revised grade-a-year plan of Apr to provide for total desegregation in Fall 1969. Aug 4: Def filed revised plan after DC advice, provided desegregation in grades 1-3, 12 for Fall 1965, 4 grades/yr thereafter on "freedom of choice" basis.

Aug 14: DC approved plan with amendment that new students in system to be assigned on non-racial basis regradless of grade.

Marian Wright, Esq, NAACP Inc Fund, 538½ N Farish St, Jackson.

522.Miss.12. Barnhardt v Bd of Educ (Meridian) (SD Miss, Civ #1300) Facts: X DOCKET 158. DC ordered Bd to desegregate 4 grades by Fall 1965, 4 grades/yr thereafter.

Marian Wright, Esq, NAACP Inc Fund, 538½ N Farish St, Jackson.

522.Miss.12a. Mississippi v Levy and Morse (Meridian) (SD Miss) Aug 26, 1965: Defs, white civil rights workers, taking Negro children to register in previously all-white schools; arrested: trespassing, illegal parking. Def-Morse released on first set of charges, rearrested: driving with "improper windshield." Sept 3: case removed to DC. State filed motion to remand. Pending.

Alvin Bronstein, Esq, LCDC, 603 N Farish St, Jackson.

522.Miss.13. Alexander v Bd of Educ (Holmes Co) (SD Miss, Jackson Div, #3779) (10 RRLR 1089) Jy 28, 1965: DC enjoined Def from maintaining and operating segregated school system, ordered submission of plan for desegregation. Aug 16: DC approved plan for desegregating grades 1-4 in Fall 1965 on "freedom of choice" basis, and 4 additional grades, not yet designated, during each school yr thereafter.

Henry Aronson, Esq, NAACP Inc Fund, 538½ N Farish St, Jackson.

522.Miss.14. Blackwell v Bd of Educ (Issaquena and Sharkey Cos) (SD Miss, Civ #1096) DC ordered desegregation of 4 grades in Fall 1965, 4 grades/yr thereafter, refused to enjoin school authorities from prohibiting students from wearing freedom buttons. Pls appealed; pending.

Marian Wright, Esq, NAACP Inc Fund, 538½ N Farish St, Jackson.

522.Miss.14a. Mississippi v Sander (Issaquena) (Muni Ct) Sept 1965: Negro Def's 2 children attending formerly all-white school. Def hired on job, arrested: no charge, held 5 days, released; fired from job. Children can't attend school without 35c/day/child lunch money.

SNCC.

522.Miss.15. Cowan v Bd of Educ (Bolivar Co) (ND Miss, #6531) Aug 9, 1965: DC ordered Def to submit plan for desegregating at least 4 grades/yr beginning Fall 1965, and to desegregate school bus transportation. Aug 17: plan submitted.

Carsie Hall, Esq, NAACP Inc Fund, 115½ N Farish St, Jackson.

522.Miss.16. Mississippi v Bartley (Shaw) (ND Miss) Oct 13, 1965: Def, 16 yr old Negro, only male Negro student in previously all-white high school, arrested on affidavit issued Sept 22 re incident that allegedly occurred Sept 8: vulgar and indecent language near 5 white girl students. Def alleges charge untrue, part of pattern of harassment since he entered school. Nov 3: case removed to DC; pending.

Alvin Bronstein, Esq, LCDC, 603 N Farish St, Jackson.

522.Miss.17. Mississippi v Feinglass (Benton Co) (ND Miss) Aug 17, 1965: Def-white civil rights worker helped to drive Negro children and parents so children could be registered at previously all-white schools, arrested: attempting to defraud Co School Bd (felony). Aug 19: case removed to DC, bond reduced from $1500 to $300. Sept 2: State moved to remand. Pending.

Alvin Bronstein, Esq, LCDC, 603 N Farish St, Jackson.

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522.Miss.18. US v North Pike School Dist (SD Miss) Aug 25, 1965: US filed suit to desegregate school dist after school officials refused to sign desegregation compliance pledge with US Dept of Educ. Defs say they will increase tax rates to provide for lost federal funds. Pending.

Alvin Bronstein, Esq, LCDC, 603 N Farish St, Jackson.

And see Cartban, 524.3.

522.NJ.5. Booker v Bd of Educ (Plainfield) (NJ Sup Ct) Facts: X DOCKET 158. Cite: 212 A2d 1, 10 RRLR 1115.
522.NY.11. Dixon v Bd of Educ (Buffalo) (NY Educ Dept) Facts: X DOCKET 158. Aug 1965: Def submitted city-wide desegregation plan. Pending.
522.NC.11a. Swann v Bd of Educ (Charlotte-Mecklenburg) (WD NC, Charlotte Div, #1974; CA 4, #10,207) (243 FSupp 667, 10 RRLR 1145) Facts: X DOCKET 158. Jy 14, 1965: DC held: 10 schools could be excepted from Defs' plan while other schools being built; found no gerrymandering of geographic boundaries to preclude integration; ordered Def-Bd to alter teacher and staff assignment provision to lead to immediate, not ultimate, assignment without regard to race. Pls appealed, moved for injunction pending appeal to require Bd to establish desegregated attendance zones for 10 unzoned schools. Aug 24: CA postponed h'g on motion until h'g on merits because of "disruptive effect" of injunction so close to school opening. Oct: CA denied motion. Nov 1: appeal argued.

Julius Chambers, Esq, 405½ E Trade St, Charlotte; NAACP Inc Fund.

522.NC.12. Griffith v Bd of Educ (Yancey Co) (formerly v Robinson) (WD NC, #1881) Facts: VIII DOCKET 48-IX, 62. 1964: Def-Bd admitted to formerly all-white high school Pls who sought admision. Fall 1965: last Negro school closed, 2 Negro teachers discharged.
522.NC.13a. Farmer v Bd of Educ (Greene Co) (CA 4, #9125; ED NC, Washington Div, #517) (10 RRLR 1133) Facts: X DOCKET 64, 158. Supplementary consent order entered embodying US Dept of Educ plan.

Julius Chambers, Esq, 405½ E Trade St, Charlotte; NAACP Inc Fund.

522.NC.14. Wheeler v Bd of Educ (Durham City) and
522.NC.14a. Spaulding v Bd of Educ (Durham City) (MD NC, Durham Div, #C-54-D-60) (10 RRLR 656) Facts: X DOCKET 64, 159.*
522.NC.14b. Thompson v Bd of Educ (Durham Co) (MD NC, Durham Div, #C-140-D-63) (10 RRLR 173) Facts: X DOCKET 159. Sept 1965: Def-Bd filed plan to implement consent order. Pls filed objections; pending.

Conrad Pearson, 203½ Chapel Hill St, Durham; NAACP Inc Fund.

522.NC.16c. Felder v Bd of Educ (Harnett Co) (ED NC, Raleigh Div, #1469; CA 4, #9595) (349 F2d 366, 10 RRLR 1144) Facts: X DOCKET 65. Jy 30, 1965: On Def's appeal, CA affirmed DC order of Aug 13, 1964, found rigid adherence to separation of races in Co schools, Bd had "never intended" to operate under freedom of choice plan, Bd applied NC Assignment and Enrollment of Pupils Act so as to discriminate against Negro pupils. 100 Negro pupils have applied for transfer in all grades.

Julius Chambers, Esq, 405½ E Trade St, Charlotte; NAACP Inc Fund.

522.NC.19. Belo v Bd of Educ (Randolph Co) (MD NC, Greensboro Div, #C-209-G-63) Facts: IX DOCKET 25, 63, 112. Je 9, 1965: US Dept of Educ approved Defs' desegregation plan, approved by DC Mar 20, 1964, which provides "freedom of choice," eliminates racial geographic attendance zones. Def-Bd closed Negro school, shifted Negro children to old white school. Fall 1965: after negotiations, Bd adopted plan desegregating teachers, students: 8 Negro teachers fired, 3 Negro principals demoted.
522.NC.23. Ford v Bd of Educ (Cumberland Co) (ED NC, #668) (10 RRLR 651) Facts: X DOCKET 65. 1965: US Dept of Educ approved plan incl teacher desegregation. Consent order entered.
522.NC.24. Ziglar v Bd of Educ (Reidsville) (MD NC, #C-226-G-62) Facts: X DOCKET 65. US Dept of Educ rejected Def-Bd's plan of Mar 1964. Mar 1965: DC entered further consent order. Bd dismissed 4 Negro teachers.

Additional counsel: J LeVonne Chambers, Esq, 405½ E Trade St, Charlotte.

522.NC.26. Turner v Bd of Educ (Warren Co) (ED NC, #1484) (10 RRLR 655) Facts: X DOCKET 65. Jan 29, 1965: DC entered 2d consent order: Provision for retransfer if over-crowding, pre-school clinic, parents choice within district, re-assignment of teachers and supporting personnel, time limit for agreement on future plans.

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

522.NC.27. Gill v Bd of Educ (Concord) (MD NC, Salisbury Div, #C-223-S-63) Facts: X DOCKET 65, 159. Cite: 10 RRLR 167.
522.NC.28. Williams v Bd of Educ (Hendersonville Co) (WD NC, Asheville Div, #2182) (10 RRLR 177) Facts: X DOCKET 65. Sept 1965: DC dismissed Pls' complaint for further relief, found no discrimination. Oct 18, 1965: appeal noted; pending.

Julius Chambers, Esq, 405½ E Trade St, Charlotte; NAACP Inc Fund.

And see Chambers, 571.24.

522.NC.29. Bowditch v Bd of Educ (Buncombe Co) (CA 4, #9628; WD NC) Facts: X DOCKET 65, 159. DC approved plan for assignment of students in all grades according to geographical lines; ordered Bd to desegregate faculty, denied motion of NC Teacher's Assn to intervene.
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522.NC.31. Sowers v Bd of Educ (Lexington) (MD NC, #20-S-64) (10 RRLR 171) Facts: X DOCKET 65. Mar 15, 1965: DC entered consent order for "freedom of choice" plan. US Dept of Educ rejected plan. Pending.

Julius Chambers, Esq, 405½ E Trade St, Charlotte; NAACP Inc Fund.

522.NC.32. Nesbit v Bd of Educ (Statesville) (CA 4, #9632; WD NC, #486) Facts: X DOCKET 65, 159. DC denied NC Teacher's Assn motion to intervene.

Julius Chambers, Esq, 405½ E Trade St, Charlotte; NAACP Inc Fund.

522.NC.33. Eaton v Bd of Educ (New Hanover Co) (ED NC, Wilmington Div, #1022) Facts: X DOCKET 65. Def proposed freedom of choice plan; pending.
522.NC.35. Burns v Bd of Educ (Wilkes Co) (MD NC, Wilkesboro Div, Civ #C-162-W-64) Facts: X DOCKET 123. Cite: 10 RRLR 165.
522.NC.36. Clayton v Bd of Educ (Person Co) (MD NC, Durham Div, #C-167-D-64) Facts: X DOCKET 123. Cite: 10 RRLR 166.*
522.NC.37. Teel v Bd of Educ (Pitt Co) (ED NC, Civ #569) Facts: X DOCKET 123. Aug 1965: H'g on teacher and pupil desegregation plans. 185 Negro pupils have sought transfer.
522.NC.38. Hickman v Bd of Educ (Craven Co) (ED NC, #637) Facts: X DOCKET 123. Parties agreed to "freedom of choice" plan including teachers. Pls sued for desegregation against independent New Bern Bd of Educ, Craven Co. DC denied Def's motion to dismiss. DC entered consent order for desegregation.

J Levonne Chambers, Esq, 405½ E Trade St, Charlotte; NAACP Inc Fund.

522.NC.39. Young v Bd of Educ (Tryon) (WD NC, #2286) Feb 1965: DC ordered Def-Bd to submit desegregation plan. Jy: DC approved plan: Fall 1965—open enrollment in grades 1-4, Fall 1966—grades 1-8; ordered Bd to desegregate teachers, approved closing Negro school; DC denied motion of NC Teachers Assn to intervene.

J Levonne Chambers, Esq, 405½ E Trade St, Charlotte; NAACP Inc Fund.

522.NC.40. Bryant v Bd of Educ (Carteret Co) (ED NC) Mar 1965: Pls filed desegregation suit; pending. Def-Bd presented plan to US Dept of Educ, still under consideration. Def agreed to consent order.

NAACP Inc Fund.

522.NC.41. Wilson v Bd of Educ (Hickory) (WD NC) Sept 1965: Pls filed desegregation complaint and motion for preliminary injunction for immediate admission of 8 Negro children to integrated school. DC ordered admission of children. Dec: trial on merits; pending.

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

522.Okla.6. Dowell v Bd of Educ (Oklahoma City) (WD Okla, #9452) (244 FSupp 971, 10 RRLR 1150) Facts: X DOCKET 66, 123. Sept 7, 1965: DC ordered Def-Bd to submit new desegregation plan for Fall 1965 with majority-minority transfers so Negro pupils assigned to predominantly Negro schools could transfer to predominantly white schools, combining 2 sets of high school zones to increase integration, requiring Negro teachers to be equally distributed throughout system by 1970. Sept 20: DC denied Def's motion for stay pending appeal, granted Def continuance on Pls' motion for additional relief.
522.Pa.1. Chisholm v Bd of Pub Educ (Philadelphia) (ED Pa, #29706) (240 FSupp 862, 10 RRLR 664) Facts: X DOCKET 66, 124. Additional facts: 1963: Ct declined to act. May 1965: Ct declined to act until parties met in serious discussions.
522.SC.2. Brunson v Bd of Educ (Clarendon Co) (ED SC, 7210) Facts: X DOCKET 66. Aug 19, 1965: DC ordered desegregation to begin Fall 1965.
522.SC.10. Randall v School Dist No 2 (Sumter) (ED SC, #AC-1240) (241 FSupp 787, 10 RRLR 667) Facts: X DOCKET 66. April, 1965: DC modified original order by listing administrative factors other than race which Bd might consider in enrollment.

NAACP Inc Fund.

522.Tenn.1a Boyce v Humphreys Co Bd of Educ (Nashville) (MD Tenn, #3130) Facts: X DOCKET 67. Fall 1965: 90 of 171 Negro students in Dist attending 5 white schools.

522.Tenn.6. Goss v Bd of Educ (Knoxville) (ED Tenn, #3984) Facts: X DOCKET 67, 124. DC approved Def's amended plan desegregating 2 grades/yr. Pls appealed; CA remanded for DC to order complete desegregation in Sept 1964. DC approved plan: assignment of all pupils, faculty on non-racial basis, end of all racial criteria, policies. Def submitted uniracial school zones; Pls filed objections to transfer procedures. Jy 30, 1965: DC ordered amended plan followed for 1965-66 school year.
522.Tenn.10. Sloan v 10th School Dist (Wilson Co) (MD Tenn, Nashville Div, #3107) (10 RRLR 677) Facts: X DOCKET 124, 159. June 9, 1965: DC reaffirmed plan, ordered annual progress reports on employment of teachers, other personnel.
522.Tenn.12. Monroe v Bd of Educ (Jackson) (WD Tenn, E. Div, #1327) (244 FSupp 353, 10 RRLR 1161) Facts: X DOCKET 68, 159. Correction: Plan of Aug 1963 approved; Pls filed motions for additional relief, claiming zones gerrymandered, teacher segregation retained. Aug 11, 1965: DC held "honestly" drawn zone lines which result in de facto segregation do not deprive Pls of any rights, question of gerrymandering should be determined by consideration of utilization of buildings, proximity of pupils to schools, and natural boundaries; DC ordered Defs to re-zone some districts, to accelerate plan to achieve full desegregation by Fall 1966, including all facilities, curricular activities; DC rejected Pls' request for full integration of teachers, principals.
522.Tenn.13a. Carson v Bd of Educ (Monroe Co) (ED Tenn, Div, #5069) (10 RRLR 671) Jy 1964: Pls brought desegregation suit. Aug 24: DC granted preliminary injunction, ordered named Pls admitted to specific schools, ordered Defs to submit plan. May 10, 1965: DC approved plan for assignment of all pupils, faculty on nonracial basis, issued injunction prohibiting all racially discriminatory practices in all programs, facilities.

Carl Cowan, Esq, 101½ W Vine Ave, Knoxville; Avon Williams, Esq, 327 Charlotte Ave, Nashville; NAACP Inc Fund.

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522.Tex.5. Britton v Folsom (Dallas) (CA 5, #22010; ND Tex, Dallas Div, #6165) (348 F2d 158, 10 RRLR 1173) Facts: X DOCKET 68, 124. Jy 2, 1965: CA vacated and remanded DC judgment of Aug 1964 for h'g on new desegregation plan; ordered desegregation of grade 12. Aug 27: DC approved Def's plan; Fall 1965: desegregation of all elementary schools by establishing single attendance districts; Fall 1966: all jr highs; Fall 1967: all sr highs. DC refused to desegregate grade 12. Sept 1: CA ordered Defs to amend plan to desegregate grade 12 in Fall 1965.

W J Durham, Esq, 2600 Flora St, Dallas; Fred J Finch, Esq, Dallas; NAACP Inc Fund.

522.Tex.7. Ross v Eckels (formerly v Dyer) (Houston) (SD Tex, Houston Div, #10,444) Facts: X DOCKET 68. Oct 27, 1965: DC ordered grade 12 desegregated by Fall 1966; total desegregation by Fall 1967 with grade 9.

Weldon H Berry, Esq, 810 Prairie Ave, Houston.

522.Tex.25. Price v Bd of Educ (Denison) (CA 5, #21632) (348 F2d 1010, 10 RRLR 1176) Facts: X DOCKET 69, 160. Jy 22, 1965: CA vacated and remanded DC order of Jy 7, 1964, ordered Bd to desegregate at least 4 grades in Fall 1965 and otherwise comply with US Dept of Educ standards, 45A CFR §80(c) (Dec 4, 1964), as adopted by CA 5 in Singleton, 522.Miss.2 on Je 22.
522.Tex.26. Brown v Hendrix (Beaumont) (ED Tex, Tyler Div, #4656) Facts: X DOCKET 69.*

Theodore R Johns and Elmo Willard, III, Esqs, 2160 Washington Blvd, Beaumont; Mack H Hannah, Esq, 717 W 9th St, Port Arthur; W J Durham, Esq, 2600 Flora St, Dallas.

522.Va.1. Allen v Bd of Educ (Prince Edward Co) (ED Va, Richmond Div, #1333) (333 F2d 486, 10 RRLR 1180) Facts: X DOCKET 69, 124, 160. Aug 2, 1965: DC approved Def-Bd's desegregation plan: Children who attended public schools, 1964-65, [ie, Negroes] to be reassigned to same schools or may apply for transfer to another school; applications to be considered on non-discriminatory factors; students new to schools [ie, whites] to apply for admission and be assigned. Case note: 36 Mississippi 245-47.
522.Va.14a. Bradley v Bd of Educ (Richmond) (USSC, #514 OT 1965) (345 F2d 310) Facts: X DOCKET 69, 160. Aug 26, 1965: Pl's petition for certiorari pending.

S W Tucker, Esq, 214 E Clay St, Richmond; NAACP Inc Fund.

522.Va.29. Brown v School Bd (Frederick Co) (CA 4, #9825) (346 F2d 22, 10 RRLR 680) Facts: X DOCKET 70, 124. May 24, 1965: CA remanded to DC to consider Pl's objection that Bd intended to depart from desegregation plan, stated disapproval of Bd's apparent intentions. Pending.
522.Va.30. Gilliam v Bd of Educ (Hopewell) (ED Va, Richmond Div, #3579; CA 4, # #9625-9626; USSC) Facts: X DOCKET 70, 160. Aug 1, 1965: Pls-Negro children filed petition for cert. Issues: racially gerrymandered school zones, teacher desegregation. Pending.
522.Va.33. Pettaway v Bd of Educ (Surry Co) (ED Va, Richmond Div) (339 F2d 486) Facts: X DOCKET 125. April 20, 1965: DC specifically enjoined Def-Bd from paying tuition grants to Co residents for use in any school maintained by such grants, including private white school, so long as it refuses to accept pupils on account of race; DC awarded attorney's fees to Pls.
522.Va.37. Booker v Bd of Educ (Amelia Co) (ED Va, #4268) Pls-Negro students sued for desegregation of Co school system. Def filed answer, motion to dismiss. May 1, 1965: Pls moved to consolidate Def's motion to dismiss with h'g on merits. Pending.

Tucker & Marsh, Esqs, 214 E Clay St, Richmond; NAACP Inc Fund.

Same facts, status in:

522.Va.38. Wright v Bd of Educ (Greensville Co) (ED Va, #4263)
522.Va.39. Brown v Bd of Educ (Gloucester Co) (ED Va, #4264)
522.Va.40. Bowman v Bd of Educ (Charles City Co) (ED Va, #4265)
522.Va.41. Green v Bd of Educ (New Kent Co) (ED Va, #4266)
522.Va.42. Johnson v Bd of Educ (Middlesex Co) (ED Va, #4267)
522.Va.43. Walker v Bd of Educ (Brunswick Co) (ED Va, #4273)
522.Va.44. King v Bd of Educ (Fauquier Co) (ED Va, #3625)
522.Va.45. Turner v Bd of Educ (Goochland Co) (ED Va)
522.Va.46. Kier v Bd of Educ (Augusta Co) (WD Va, Civ #65C-5H)
522.Va.47. Copeland v Bd of Educ (Portsmouth) (ED Va, #5034) Pls-Negro pupils sued for desegregation of school system. Def alleged "freedom of choice" plan covering all grades presently in use. July 1965: Def moved for summary judgement. Pending.

Tucker & Marsh, Esqs, 214 E Clay St, Richmond; NAACP Inc Fund.

523. Suits to Prevent Integration (see also 204, 213, 223, 522)

523.NJ.3. Schults v Bd of Educ (Teaneck) (NJ Sup Ct, #A-127) (210 A2d 762, 10 RRLR 140, 1130) Facts: X DOCKET 160. Je 1, 1965: Sup Ct affirmed App Div decision of Dec 18, 1964 for Def.
523.NY.1. Balaban v Rubin (Brooklyn) (199 NE2d 375; cd 379 US 881) Facts: X DOCKET 71. Case notes: 14 Buffalo 279-85; 26 Ohio St 140-50.
523.NY.2. Vetere v Mitchell, Commr Allen (Hempstead, Malverne Dist) (USSC) Facts: X DOCKET 71, 125. Oct 11, 1965: USSC denied cert on Pls' appeal from NY Ct of App decision that Commr had authority to take measures to end de facto segregation in elementary schools. Oct 22: Bd of Educ announced integration plans effective Jan 1966. Oct 27: 2 Bd members resigned, white parents began boycott of schools; 1st day, 30% of white pupils absent from 2 partially integrated schools.
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523.NY.3. Strippoli v Bickal (Rochester) (NY Ct of App) (209 NE2d, 123, 10 RRLR 1132) Facts: IX DOCKET 116. May 27, 1965: Ct of App affirmed without opinion App Div decision for Def-Educ Commr.
523.NY.4. Addabbo v Donovan (NYC) (NY Ct of App) (209 NE2d 112, 10 RRLR 1131) Facts: X DOCKET 71, 125, 160. May 27, 1965: Ct of App affirmed without opinion App Div decision for Def-Educ Commr.
523.NY.5. Blumberg v Donoval (NYC) (Queens Co Sup Ct, Spec Term, #5065) Facts: X DOCKET 71, 125, 160. Cite: 10 RRLR 644.
523.Va.2. Wanner v Bd of Educ (Arlington Co) (ED Va, #3630; CA 4, #10,208) (245 FSupp 132, 10 RRLR 1185) Def-Bd adopted plan in Brooks, 522. Va.6, IX DOCKET 26: rearranged jr high attendance areas, arranged integrated facilities with transportation, pending construction of new school. 1965: Pls-25 white children brought suit to enjoin operation of plan, claiming placement in newly created jr high arbitrary, violates Constitution, 1964 Civil Rights Act. Aug 6, 1965: DC granted relief, declared desegregation plan "void and of no effect," directed Defs to admit Pls to pre-plan schools; held school segregation decisions do not require integration, merely forbid discrimination; DC found race the dominant consideration in determining dist boundaries, held attendance areas not to be created on discriminatory basis. Aug 23: DC denied Defs' application for stay. Aug 25: CA granted stay pending appeal.
524. Misc Suits to End Segregation (and 555)

524.3. Cartban v Mississippi State School Bd (SD Miss, #3814) Jy, 1965: State legislature passed bill requiring public school tuition payments up to $360.75 for children whose parents do not reside in state. 85% of 7,000 students affected are Negro. Sept 14: Pls filed for injunction against enforcement: 1) since Miss provides tuition grants to private schools which Negroes cannot attend, can't make public school attendance conditional on payments by financially indigent group; 2) denies children right of free public education under 14th Amdt; 3) children have no control over whether their parents are in state or not; 4) Act denies equal protection to Negroes and poor persons; 5) Act denies free public education because of death, abandonment, departure of parents. Oct 1: Justice Dept intervened. Oct 13: SD granted motion for temporary restraining order. H'g before 3-judge ct on motion for preliminary injunction pending.

Marian Wright, Esq, NAACP Inc Fund, 538½ N Farish St, Jackson.

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.

Symposium: Housing and home finance, 10 NY L Forum 459-572: Robert A Sauer, Free Choice in housing.

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

531.16. Hill v Huger (Daytona Beach, Fla) (CA 5 #21800, 346 F2d 127) Facts: X DOCKET 160. 1965: Negro Pls sought injunction in DC to prevent completion of urban renewal project until legally-constituted city govt takes office. DC dismissed. May 11: CA 5 reversed: DC should retain jurisdiction until legally constituted city govt is elected; if Fla Sup Ct order declaring city govt illegal is appealed to USSC, appropriate for DC to withhold action unless Pls show serious jeopardy to their constitutional rights.
531.17. Redevelopment Agency of Fresno v Buckman (Calif Sup Ct) Facts: X DOCKET 160. See consolidated cases at Grogan, 533.Cal.29.
532. In Publicly Assisted Housing—FHA and VA
533. In Private Housing

533.Cal.17. Thomas v Goulias (Calif Sup Ct) Facts: X DOCKET 73, 125 at 533.85, and 160 and
533.Cal.26. Mulkey v Reitman (Calif Sup Ct, ##LA 28360, 28422, 28449, SF ##22019, 22020, 22017, Sac #7657) Facts: X DOCKET 126 at 533.85, and 161 and
533.Cal.27. Prendergast v Snyder (Calif Sup Ct) Facts: X DOCKET 126 at 533.86 and
533.Cal.28. Hill v Miller (formerly Hall v) (Calif Sup Ct) (10 RRLR 303) Facts: X DOCKET 126 at 533.85, and 161 and
533.Cal.29. Grogan v Meyer (Calif Sup Ct) Facts: X DOCKET 126 at 533.88, and 161. Oct 25, 1965: Cases argued together with Fresno Redevelopment Agency, 531.17. Pending.

Amicus brief submitted by national, state and local organizations, by Duane B Beeson, Esq, Russ Bldg, Seymour Farber, Esq, 593 Market St, Robert H Laws, Jr, Esq, 646 Van Ness Ave, Howard Nemerovski, Esq, 111 Sutter St, Joseph B Robison, Prof Robert M O'Neil, Ephraim Margolin, Esqs, 683 McAllister St, all of San Francisco.

Amicus brief of NAACP Inc Fund, by Richard A Bancroft, Esq, 683 McAllister St, San Francisco; Prof Robert M O'Nneil, Univ of Calif, Berkeley; Jack Greenberg, Esq, NYC.

Appts' Consolidated Supp Brief.

All briefs in Calif Commn on Law and Social Action, Law Commentary, Vol 3 (Summer 1965), Am Jewish Congress, 40 First St, San Francisco.

533.Ill.3. Illinois Terra Realty and Bldg, Inc v Flanagan, Bldg Comm'r (Harvey, Ill) (CA 7) Facts: X DOCKET 73. 1965: Suit dismissed after completion of all evidence. Appeal pending.
533.Md.1. Barnes v Sind (Baltimore) (CA 4 #9608) Facts: X DOCKET 161. June 4, 1965: CA denied reh'g. CA allowed Pl only damages because he refused to accept quit claim deed and ct would not order specific performance of warranty deed. USSC denied cert.
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533.Mich.2a. Bryant (Comp) v Cutler-Hubble Co (Ann Arbor) (Mich Civil Rights Commn) Negro Pl alleged his application for apartment denied by Def even though several rooms available and later rented to whites. Jy 27, 1965: Commn issued cease and desist order against Def.
533.Mich.2b. Galloway (Comp) v Cutler-Hubble Co (Ann Arbor) (Mich Civil Rights Commn) Negro Pl alleges he was denied housing because of race. Jy 27, 1965: Commn refused cease and desist order because Pl failed to check back with Def-rental office after his deposit returned.
533.Mich.2c. Gray and Jones (Comps) v Cutler-Hubble Co. (Ann Arbor) (Mich Civil Rights Commn) Pls, 2 white men, allege they were denied renewal of lease because they evidenced friendship toward picket line protesting racial discrimination in front of Def's apartment building. Jy 27, 1965: Commn issued cease and desist order against Def.

See also 533.Mich.2.

533.Mich.3. Smith v Claucherty (E Lansing) (Mich Civil Rights Commn, #210-Hsg) Apr 1964: Def, real estate broker, refused to rent home to Pl-Negro because of race. Sept 29, 1965: After h'g, Commn issued cease and desist order. Appeal pending.
533.Mich.4. Beech Grove Investment Co v Michigan Civil Rights -Commn (Oakland Co Cir Ct) Negro comp alleged Pl refused to sell lot to him because of race. When Def-Commn began investigation, Pl asked ct to restrain Commn from proceeding. Sept 3, 1965: Ct denied relief. Oct 25: Commn authorized h'g re complaint. Pending.
533.NJ.1. New Jersey Home Builders Assn v Div on Civil Rights (NJ Sup Ct) Facts: X DOCKET 73. and
533.NJ.2. David v Vesta (NJ Sup Ct, ##A-109, A-129) (212 A2d 345) Facts: X DOCKET 73-74. Je 28, 1965: Sup Ct held state anti-discrimination statute constitutional: (1) no due process violation because restrictions on property reasonable; (2) exemptions for small housing units do not violate Equal Protection Clause; (3) law does not force developers and builders into involuntary servitude; (4) statute's administrative machinery does not vest judicial power in executive branch in violation of separation of powers doctrine.
533.NJ.4. Gardner v Dorann Manor Apts, Carriage House Apts (NJ Div on Civil Rights; Sup Ct, App Div) Pls complained of racial discrimination in rentals over 2-yr period: when Pls applied for apt, Defs told them no vacancies. Apr 8, 1964: h'g before Civil Rights Div: found several vacancies occurred during period; confirmed allegations of discrimination; ordered Defs to rent first vacant apt to Negro couple, pending disposition of complaint. Sept 14, 1965: Sup Ct affirmed Div order. (Previously Division could issue order, but delays would result pending court disposition.)
533.NY.9a. Bachrach v 1001 Tenants Corp (249 NYS2d 855) Facts: IX DOCKET 66, 117, at 533.77a. Case note: 17 Vanderbilt 1506-10.
533.NY.13. Kindt v Commn for Human Rights (Onondaga Co) (Sup Ct, App Div) (258 NYS2d 250, 10 RRLR 803) Facts: X DOCKET 161. Apr 8, 1965: App Div reversed in part, held: Commn's order requiring records not undue hardship, within scope of Commn's power; breath of Commn's orders generally within Commn's discretion to prevent future violations.
533.NY.14. Marrano Const Co v Commn for Human Rights (Erie Co) (NY Sup Ct) (259 NYS2d 4, 10 RRLR 804) Negro complained builder-developer refused to construct house for him. Commn rejected defense that Compl lacked good faith because of numerous other complaints he had filed; issued cease and desist order. Apr 13, 1965: NY Sup Ct enforced Commn's order.
533.Pa.3. Ansel v Price; Philadelphia v Price (Ct of Com Pleas, ##4628, 4667) (10 RRLR 796) Def denied Oriental couple right to purchase house because of race. City Commn on Human Rights ordered Def to cease and desist from refusal to sell and transfering title to anyone else, ordered Def to sell to Comps. Def sued. Apr 13, 1965: Com Pleas Ct ordered trial de novo on issue of discrimination, upheld constitutionality of fair housing ordinance; held it would adopt Commn's order if issue of discrimination proved de novo.
533.Pa.4. Collins and Frisby v McKay (Delaware Co) (Human Relations Commn, #H-428) Negro-buyer and realtor complained Def refused to sell Comp house solely on basis of race. Def sold house to 3d party. Nov 10, 1964: after h'g, Commn issued cease and desist order to stop future discrimination, ordered Def to offer to sell Comp first house Def has for sale.
533.Pa.5. Miller v Radnor Valley Bldrs, Inc; Kelley Bldrs, Inc (Delaware Co) (Human Relations Commn, #H-466) Sept 22, 1964: Pls complained Defs refused to sell them house solely because of race. Dec 11: Commn h'g. Mar 19, 1965: Comm ordered Def to sell home to Pl. Aug: Order proved futile, Defs had already sold property to third party.
533.Pa.6. Blair v Marsh Realty (Human Relations Commn) 1965: Commn dismissed complaint of discrimination on finding property owner occupied and therefore exempt.
533.Pa.7. Ellerson v Polis (Human Relations Commn) 1965: Commn ordered Def to make apartment available to Pl denied rental on basis of race.
533.Pa.8. Re Huber (Dauphin Co Ct of Common Pleas) Apr 22, 1965: Pa Human Relations Commn held h'g on alleged housing discrimination by Def. Def refused to obey summons to testify. Apr 28: Commn filed suit for contempt charges. Pending.
533.Pa.9. Riley v Dick's Automotive Co (Human Relations Commn) Negro Pl alleged Def refused to rent house to Pl because of his race. Nov 30, 1965: Commn directed Def not to maintain policy of refusing to sell or rent to Negroes, ordered Def to give Pl equal opportunity to rent house when it next becomes available.
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534. Omnibus Suits to End Housing Segregation (and see 575)
535. Miscellaneous Housing Suits (and 423, 575)

535.4. Crowell v Isaacs (Oakland, Calif) (Dist Ct of App 1st Dist, Div 3, Civ #21646 45 Cal Rptr 566) Facts: X DOCKET 75, 161. Jy 16, 1965: DCA held: Pl's allegation that Def did not affirmatively seek out Negro buyers is not "denial" of equal rights and Pls did not allege discrimination against themselves; DCA reversed Super Ct on breach of contract count: Def's failure to reach market otherwise available is actionable.
535.5. Anderson v Forest Park (WD Okla, #64-39) (239 FSupp 576, 10 RRLR 811) Negro Pl sued to enjoin town and invalidate zoning ordinances. Mar 24, 1965: DC granted injunction: (1) ordinances unreasonable and discriminatory; (2) enacted for purpose of preventing Negroes from building and residing there; (3) availability of state administrative remedy does not bar fedl suit under Civil Rights Act.
540. Transportation — Racial Discrimination
541. In Interstate Facilities (and see 51, 54, 55, 58)

541.Miss.1, .1a, .1b, .1c. Mississippi v Thomas, Farmer, "Freedom Riders" (Jackson) (Miss Sup Ct, #42987) (176 So2d 258) Facts: X DOCKET 75, 161. On remand, Sup Ct reversed companion cases. May 26, 1965: Defs filed motion for reversal of all other convictions. Bond money recovered (approx $100,000). Disposition of money owed to clerk for processing appeals still pending.
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
Comment: Civil Rights Act of 1964—title II, 16 South Carolina 646-56.
551.Ala.5. Robinson v Fairfield (ND Ala, #65-554) Aug 1965: Pls filed suit to desegregate various recreational facilities. Sept 29: Pls filed motion for preliminary injunction. Oct 18: H'g.

Demetrius C Newton, Esq, Orzell Billingsly, Jr, Esq, 1630 4th Ave N, Birmingham; NAACP Inc Fund.

551.Fla.8. Edwards v Fort Myers (MD Fla, #65-48 Civ-T) Mar 5, 1965: Pl filed complaint to desegregate recreational facilities owned by Def. June 1965: Stipulation for consent decree filed.

Earl M Johnson, Esq, 625 W Union St, Jacksonville; NAACP Inc Fund, Fla.

551.Fla.9. Dukes v Madison Co (MD Fla, #65-277) (10 RRLR 1274) Cherry Lake Civic Club operates recreation center on property leased from Co for 20 yrs; lease provides property reverts to Co unless used for "educational, recreational and other related community purposes only." Club discriminated in admissions. Pl sued. Sept 15, 1965: DC issued injunction restraining discriminatory activities.
551.Fla.10. Twitty v Vogue Theatre Co (Orlando) (MD Fla, #64-127-ORL) (242 FSupp 281) Nov 5, 1964: 2 Negroes filed class suit under 1964 Civil Rights Act to restrain Def's practice of discrimination. Mar 9, 1965: DC held §201 (a) constitutional on its face and as applied, but found Def's acted in faith in believing Act unconstitutional, therefore taxed Def for only $100 of Pl's attorneys fees.
551.Ga.10. Evans v Newton (USSC #61) Facts: X DOCKET 76, 127. Mar 5, 1965: USSC granted cert. Case note: 65 Colorado 919-21.
551.La.7. Gilmore v LaCoste (ED La, Baton Rouge Div, #3242) Jy 16, 1965: Negro Pls served in bar poolroom, then beaten, ejected by patron and bartender. Pls sued under 1964 Civil Rights Act, Tit II, 42 USC #1983 to determine whether place of entertainment; whether cokes, liquor, food in interstate commerce. Pending.

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

And see Gilmore, 580.11.

551.La.8. Rax v Louisiana Tourist Development Commn (WD La) Oct 1965: Pl filed complaint against Commn and state officials under 1964 Civil Rights Act, Tit III, to desegregate Hot Wells Health Spa since Commn is agency of state. Pending.

Louis Berry, Esq, 1406 Ninth St, Alexandria; NAACP Inc Fund.

551.La.9. Rax v City of Pineville (WD La) Pl minister sued under 1964 Civil Rights Act, Tit III, to desegregate public recreational facilities. Pending.

Louis Berry, Esq, 1406 Ninth St, Alexandria, Louisiana; NAACP Inc Fund.

551.Miss.5. Sherrod v Coker's Cafe (Hollandale) (SD Miss) Jy 20, 1965: Injunction suit filed to force Def restaurant to comply with 1964 Civil Rights Act, Tit II. Aug 18: DC granted preliminary injunction. H'g on permanent injunction pending.

Alvin Bronstein, Esq, LCDC, 603 N Farish, Jackson.

551.Miss.6. Sherrod v Pink Hat Cafe (Hollandale) (SD Miss) Suit under Title II to desegregate restaurant combined with action for damages for assault by owner's son. Aug 18, 1965: DC granted preliminary injunction. H'g on permanent injunction and motion to dismiss pending.

Alvin Bronstein, Esq, LCDC, 603 N Farish, Jackson.

551.Miss.7. Taylor v Vasselus (Hattiesburg) (SD Miss) Sept 1, 1965: Suit under 1964 Civil Rights Act, Tit II, to enjoin discrimination in Def restaurant. Pending.

Alvin Bronstein, Esq, LCDC, 603 N Farish, Jackson.

551.Miss.8. Wilder v Ferrell (Thomastown) (DC Miss) Aug 26, 1965: Suit to enjoin Def under 1964 Civil Rights Act, Tit II, from refusal to serve Negroes. Sept 21: Def consented to permanent injunction, order entered; Def paid Pl's $40 costs.

Alvin Bronstein, Esq, LCDC, 603 N Farish, Jackson.

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551.NJ.2. Fraser v Robin Dee Day Camp (formerly v Alvino) (Trenton) (NJ Sup Ct) Facts: X DOCKET 162. Cite: 210 A2d 208.
551.Va.10. Mott v Lake Fairfax (ED Va, #3701) (10 RRLR 1289) Def refused to serve Pl Negroes because of race; Pls sued. Jy 16, 1965: DC enjoined Def from maintaining policy of racial discrimination.
552. In Dining Places (and see 51, 54, 55, 58)

552.Ala.4a. Montgomery v King and Embry. Facts: X DOCKET 77, 127. 1964: Charges from 1960 dismissed.
552.Ala.13. US v The Warren Co (Selma) (SD Ala, N Div, #3437-64) (10 RRLR 1293) Govt sued 5 restaurants for refusing to serve Negroes, under 1964 Civil Rights Act. Je 30, 1965: DC entered permanent injunction.
552.Ala.14. Rodgers v Gardner (Anniston) (ND Ala, E Div, #64-757) (10 RRLR 1290) Defs, owners of 3 restaurants and service station, posted sign, "We serve white customers only," refused to serve Negroes. Negro Pls sued under 1964 Civil Rights Act. Apr 2, 1965: DC issued permanent injunction.
552.Ark.3. Sutton v Capitol Club (Little Rock) (ED Ark, W Div, #LR-64-C-124) Apr 12, 1965: Def-corporation operated cafeteria in state capitol. Pl Negro sued to enjoin alleged discrimination. DC held Def, tho organized as private club, actually operating place open to general public; state sufficiently involved by lease of public property to make state action within 14th Amdt; DC issued injunction against segregation in service or seating, did not pass on claim that cafeteria covered by 1964 Civil Rights Act.
552.La.7. Robertson v Johnson (ED La, New Orleans Div, #15761) Pl white woman arrested for vagrancy in Negro bar-night club; sued for injunction, 1964 Civil Rights Act, Tit II, against police officers harassing Pl by enforcing custom of segregation. Aug 18, 1965: DC held: bar does not become place of entertainment under §201 (b) by allowing entertainers to perform 2 nights a week without payment for services. Appeal pending.

Benjamin J Smith, Esq, 305 Baronne St, New Orleans.

552.La.8. Burris v Redwood Cafe (Bogalusa) (ED La) Def refused to serve Negroes; Pls sued. Jy 29, 1965: DC denied preliminary injunction. Sept 22: DC denied permanent injunction. Cafe is now serving Negroes.

Alvin J Bronstein, Esq, LCDC, 603 N Farish St, Jackson, Miss.

552.Miss.2. Greenville v Perkins, Lofton (Greenville City Ct) Negro youths sought service in white restaurant, arrested: disorderly conduct, refusal to pay for coffee. Youths charged restaurant owner poured coffee on them, owner arrested: assault and battery. Mar 31, 1965: Ct dismissed charges against youths; convicted owner: $60 fine.

Alvin Bronstein, Esq, LCDC, 603 N Farish St, Jackson.

552.Miss.3. US v Ray (Meridian) (SD Miss, Jackson Div, #1297 (E)) Apr 28, 1965: Justice Dept sued to enjoin discrimination in 16 restaurants under 1964 Civil Rights Act. Pending.
552.Pa.2. Lawrence v Coltare (Human Relations Commn) Negro Pl alleged Def's bar and grill in Colonial Hotel denied Pl service because of race. May 20, 1965: h'g; pending.
552.Pa.3. Felton v Bematre (Jeannette) (Human Rel Comm) Aug 10, 1965: H'g on charge of refusal to serve Pl Negro at bar of Def's Paradise Hotel. Pending.
552.SC.4d. Hamm v City of Rock Hill (379 US 306) Facts: X DOCKET 79, 128. Case note: 29 Albany 362-4.
552.Tenn.9. US v Butler (Carthage) (MD Tenn, Nashville Div, #49) (10 RRLR 1295) Aug 19, 1965: DC entered by consent permanent injunction under 1964 Civil Rights Act restraining Defs from discrimination in service at restaurant; retained jurisdiction.
552.Va.9. Virginia v Harris (Hopewell) (Va Sup Ct) Facts: X DOCKET 79, 162. 1965: Case dismissed after remand from USSC.
552.Va.10. Thompson v Virginia (formerly Virginia v Brumback) (Va Sup Ct of App) Facts: VIII DOCKET 63, 146. Negro and white students arrested at lunch counter sit-in: refusal to leave after ordered to do so. Convicted; 30 days. Oct 1961: Va Sup Ct of App affirmed. Je 10, 1965: USSC vacated and remanded Harris, 552.Va.9, for consideration in light of recent USSC decisions. Oct 14, 1965: Judgment vacated, prosecution dismissed.

S W Tucker, Esq, 214 E Clay St, Richmond; NAACP Inc Fund.

552.Va.10a. Wood v Virginia (Va Sup Ct of App) Facts: X DOCKET 79, 1965: Case dismissed after remand from USSC.
553. In Other Facilities (and see 42)

553.Ala.1. Alabama v Johnson (Talladega) (USSC) (173 So2d 824, 1964) Facts: X DOCKET 79, 162.*
553.Fla.3. Pinkney v Meloy (ND Fla, Civ #1024) (241 FSupp 943, 10 RRLR 838) Pls brought class action against barber who operated shop in hotel, alleging Def refused to serve Negro patrons, in violation of 1964 Civil Rights Act. May 21, 1965: DC held Def's establishment covered by Act, because located in hotel which is conceded to be covered; barbers not within professional exemption from Act's coverage; percentage of Def's customers who are local residents immaterial; Def's alleged lack of qualifications to perform requested services immaterial.
553.Ill.2. Illinois v Rehm (Peoria Muni Ct, #64E 3594) Facts: X DOCKET 128. Dec 16, 1964: Ct denied temporary injunction against Dept of Registration's suspension of Def's license. Appeal pending.
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553.Miss.3. COFO v Mississippi Fair Commn (SD Miss, #3616 JC) Facts: X DOCKET 80. Aug 3, 1965: Case closed by agreed order.
553.Pa.2. Buefort v Elias (Human Relations Commn, #P-242) Feb 14, 1964: Negro Pl alleges that because of her race she was denied dental care by Def, a white dentist. Jan 26, 1965: At h'g, Def contended he refused service to Pl because he became ill 30 yrs ago at dental school while treating unclean Negro patient whose mouth was foul smelling. Commn said Def's explanation unreasonable, not a legal excuse for refusing dental service to Pl. Commn ordered Def to cease and desist from refusing dental service to Negroes.
553.SC.1. Thomas v Orangeburg Theaters (ED SC, #8421) (241 FSupp 317, 10 RRLR 854) Facts: X DOCKET 80. May 5, 1965: DC dismissed complaint when it was shown that Def had halted discriminatory practices.
553.Utah.1. Cuevas v Sdrales d/b/a The 73 Inn, Salt Lake City (CA 10, #7973) (344 F2d 1019, 10 RRLR 851) Facts: X DOCKET 129. May 10, 1965: CA affirmed, held beer ordinarily regarded as drink rather than food; tavern engaged primarily in serving beer not a food service establishment of type enumerated in public accommodations definition in Civil Rights Act; specific indications in legislative history of Act show it was not intended to be applicable to bars and nightclubs.
553.Wash.1. In re Johnson, Wheeler, Washington State Board Against Discrimination (Spokane Co Super Ct, #172524) (10 RRLR 842) Facts: X DOCKET 80. June 4, 1965: On review of order, DC held state statute applies to barbers; barbering is proper occupation for police regulation; requiring barber to render services imposes no involuntary servitude in violation of 13th Amdt; prohibition against discrimination does not deprive him of liberty or property without due process by interfering with his freedom to contract; Bd's compliance report requirement does not violate 5th Amdt prohibition against self-incrimination; affirmed Bd order.
554. In Hospitals
Form: Complaint in hospital desegregation suit, by Conrad D Pearson and Jack Greenberg. CIVIL RIGHTS HANDBOOK pp 341-348.

And see Buefort, 553.Pa.2.


554.Ala.1. Rodgers v Druid City Hospital (ND Ala, #65-207) (10 RRLR 1273) Suit filed against Def's operation of segregated facilities and discriminatory treatment. Aug 20, 1965: DC issued injunction.
554.Ark.1. Boyd v Helena Hospital (ED Ark) June 11, 1965: Pl filed suit to desegregate hospital facilities. Pending.

Harold Anderson, Esq, Century Life Bldg, Little Rock; George Howard, Esq, 329 Main St, Pine Bluff, Ark; NAACP Inc Fund.

554.Fla.2. Jenkins v Suwannee (MD Fla, #64-335) Dec, 1964: Pls filed complaint alleging racial segregation of patients. Jan 18, 1965: Def filed motions for more definite statement, to strike and to dismiss. Pending.

Earl Johnson, 625 W Union St, Jacksonville; NAACP Inc Fund.

554.Fla.3. Lewter v Lee Memorial Hospital, Gad (MD Fla, #65-47) Mar, 1965: Pls filed complaint alleging Defs maintain separate hospital facility for Negroes, admit Negroes to another only for surgery. Jy 19, 1965: H'g: DC denied Defs' motions to strike and to dismiss.

Earl Johnson, Esq, 625 W Union St, Jacksonville; NAACP Inc Fund.

554.Fla.4. Pringle v State Tuberculosis Bd of Florida (ND Fla, #1044) Dec 1964: Pls filed complaint alleging segregation of patients. Jan 8, 1965: Def filed motion to dismiss. Aug 16: Def filed motion for summary decree: Pls filed cross motion for summary decree. Sept 9: DC denied Def's and Pl's motion for summary judgment as insufficiently supported by facts.

Earl Johnson, Esq, 625 W Union St, Jacksonville; NAACP Inc Fund.

554.Ga.1. Bell v Fulton DeKalb Memorial Hospital Auth (Atlanta) (ND Ga, #7966) Facts: X DOCKET 80. Jan 11, 1965: DC ordered desegregation of Dental Society and Grady Memorial Hospital.
554.SC.1. Rackley v Bd of Trs, Orangeburg Regional Hosp (ED SC, Columbia Div, #AC-887) (238 FSupp 512) (10 RRLR 297) Facts: X DOCKET 81, 129. Nov 30, 1964: H'g on permanent injunction. Feb 17, 1965: DC held: (1) Pl entitled to sue in behalf of SC residents as class even tho Pl lived in Va; (2) Def's admitted segregation invalid as state action under 14th Amdt because of Co ownership of hospital, receipt of fedl Hill-Burton Act funds; ordered Def to draw up plan for desegregation. Mar 1965: DC entered permanent injunction against segregation of patients.
554.Va.3a. Smith v Hampton Training School for Nurses (ED Va, #1002) Facts: X DOCKET 81, 163. Summer 1965: DC granted Def's motion for summary judgment after finding Defs had no constitutional obligation to Pls at time they were dismissed.

Announcement: Sept 1, 1965: James M Quigley, asst secy, HEW: 225 complaints received against hospitals for racial discrimination; 40 resolved in compliance, others pending.

555. In Government Facilities: Omnibus Suits
Form: Complaint for desegregation of public facilities, edited by Osmond K Fraenkel. CIVIL RIGHTS HANDBOOK pp 351-357.
555.Fla.3. Ferguson v Buchanan (SD Fla, #64-107) (10 RRLR 795) Negro prisoner brought suit against the sheriff of Dade Co to enjoin segregation of prisoners in Co jail. Mar 12, 1965: DC found segregation practiced in jail pursuant to Fla statutes, held statutes unconstitutional, allowed 6 months to complete desegregation.
555.La.2. Re Jonesboro Post Office. Summer 1965: Complaint sent to Postmaster Gen'l protesting discriminatory policies by local post office: Negroes forced to rent PO box or stop by post office for mail even when living on same street as whites whose mail is delivered. Investigation initiated.

CORE, 38 Park Row, NYC.

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555.Mich.1. Dearborn Community Council v Hubbard, Mayor (Wayne Co Cir Ct, #42921) Facts: X DOCKET 129. Jy 30, 1965: Stipulation agreement signed: city agreed to keep all racially offensive material off city bulletin boards.
555.Miss.2. Robinson v Bd of Supervisors, Madison Co (Canton) (SD Miss, Jackson Div, #3801) 1965: Pls sued city, Co officials, alleged: (1) segregated signs at rest rooms, drinking fountains, benches; (2) justices of peace kept files on segregated basis, had White Citizens Council decals on doors of their offices in Co cthouse; (3) all seating facilities removed from library; (4) Co registrar intimidated Negroes with antique guns in his office; sought temporary injunction to restrain violation of 14th Amdt rights, mandatory injunction to require library to furnish tables, chairs. Sept 28, 1965: DC held removal of all segregated signs showed good faith compliance with fed'l law; Pls' rights not impinged upon by justices of peace maintaining separate records or by their membership in Citizens Council as, "These officials themselves have vested rights under the Constitution to join any organization of their choice and to be proud of this choice"; registrar does not intimidate or abuse Negroes seeking to vote; removal of tables and chairs from library does not discriminate against anybody on account of race; DC denied temporary and mandatory injunction; retained jurisdiction.

Hugh R Manes, Esq, Natl Lawyers Guild, Suite 700, Taft Bldg, 1680 Vine St, Hollywood 28, Calif.

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 (379 US 184) Facts: X DOCKET 82, 129. Case notes: 14 American Univ 210-16, 25 Maryland 41-8.
561.7. Jones and Marquez v Lorenzen (formerly v Shaw) (Okla Sup Ct, #41393) Facts: X DOCKET 129. Nov 23, 1965: Sup Ct denied writ of mandate, upheld validity of misegenation statute until USSC decides otherwise.
562. In Adoption Proceedings
UN DECLARATION OF HUMAN RIGHTS: Art 25(2)
563. In Custody Proceedings
564. In Miscellaneous Proceedings

564.1. Louisiana ex rel Heno v Drake (New Orleans) (La Ct of App, 4th Cir, #1545) (176 So2d 226, 10 RRLR 1321) Pet sued to enjoin Def, deputy registrar of Bureau of Vital Statistics, from alteration of family records from "white" to "Negro." Jan 7, 1965: Ct of App found records illegally altered, ordered original records corrected, enjoined future alterations.
570. Employment
Form: Complaint in employment discrimination suit, by Chester I Lewis. CIVIL RIGHTS HANDBOOK, pp 366-371.

Articles: Michael Tobriner, California FEPC, 16 Hastings 333-349.

Richard K Berg, Equal Employment opportunity under 1964 Civil Rights Act, 31 Brooklyn 62-97.

Irving Kovarsky, Apprentice training programs and racial discrimination, 50 Iowa 755-76.

George Strauss and Sidney Ingerman, Public policy and discrimination in apprenticeship, 16 Hastings 285-331.

Note: Richard Couser, California FEPC: Stepchild of state agencies, 18 Stanford 187-212.

Comments: Racial discrimination on the jobsite: Competing theories and competing forums, 12 UCLA 1186-206.

Enforcement of fair employment under 1964 Civil Rights Act, 32 Chicago 430-70.

Rules: Wis Industrial Commn, Fair Employment Practices, 1965.

571. Racial Discrimination Against Teachers (and 24, 522)
And see WHAT'S NEW this issue.

And see 24.25, 24.26, 24.30, 24.35.


571.14. Henry v Bd of Educ (Coahoma Co) (CA 5) Facts: X DOCKET 83. Sept 30, 1965: Appeal argued.

Jack Young, Esq; R Jess Brown, Esq, Jackson, Miss.

571.18. Franklin v School Board (formerly Pls v) (Giles Co) (WD Va, #64-C-73-R) (10 RRLR 735) Facts: X DOCKET 163. 7 Negro teachers sued, alleging denial of re-employment because of race. June 3, 1965: DC found: bi-racial system operated until May, 1964, then 20 Negro high school students applied for transfer to formerly all-white schools, Bd closed Negro schools; change required reduction of teaching force by 7; Def dismissed 7 Negroes from closed schools rather than any of 98 white teachers whose schools were continued; this was contrary to past policy of retaining teachers whose schools had been closed; DC ordered re-evaluation of Pls' qualifications in comparison to those of white teachers, with possible displacement of white teachers, concluded Pls' interests best served by preferential hiring of Pls as vacancies developed, based on certain practical and psychological difficulties.
571.20. Dean v Gray (Wagoner) (ED Okla, #5833) April, 1965: Action filed to reinstate teacher dismissed as result of desegregation. Bd offered and teacher accepted new position. Suit dismissed.

U S Tate, Esq, Wewoka, Okla; NAACP Inc Fund.

571.21. Nettles v Romulus Township School Dist (Mich Civil Rights Commn) 1957: Pl employed as teacher for Def. 1963: Def did not renew Pl's contract for employment. Dec 8, 1965: Commn ordered Def to cease and desist from unlawful racial discrimination in employment; to offer employment to Pl; and provide back pay. Pending.
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571.22. Johnson v Branch (Halifax Co) (ED NC, Wilson Div, #844) (242 FSupp 721, 10 RRLR 1197) Pl, Negro teacher, sued to enjoin school officials from intimidating her and others from exercising their rights by refusing to rehire her. Je 11, 1965: DC found school records show Pl had very good record until 1963-64 school year when she started to work for Negro rights, then record showed bad conduct as teacher; held refusal to rehire for good cause not discriminatory.
571.23. Buford v Bd of Educ (Morganton) (WD NC, Statesville Div, #523) (244 FSupp 437, 10 RRLR 1190) 9 Negro teachers displaced by school desegregation. Sued. Aug 18, 1965: Trial. Aug 23: DC dismissed suit: Pl failed to introduce "direct" evidence of dismissal on basis of race. No appeal taken.

Conrad Pearson, Esq, 203½ E Chapel Hill St, Durham; J LeVonne Chambers, Esq, 405½ E Trade St, Charlotte; NAACP Inc Fund.

571.24. Chambers v Bd of Educ (Hendersonville) (WD NC, #2388) Aug 19, 1965: Trial of suit to reinstate Negro teachers displaced by pupil desegregation. Sept 30: DC held for Defs. Oct 18: Pls' appeal to CA 4 pending.

Conrad Pearson, Esq, 203½ E Chapel Hill St, Durham; J LeVonne Chamber, Esq, 405½ E Trade St, Charlotte, NC; NAACP Inc Fund.

And see Williams, 522.NC.28.

571.25. North Carolina Teachers Assn v Bd of Educ (Asheboro) (MD NC) June 6, 1965: Suit filed to enjoin discriminatory assignment and dismissal of 12 Negro teachers. Nov 18: Pre-trial conference. Pending.

J LeVonne Chambers, Esq, 405½ E Trade St, Charlotte, NC; NAACP Inc Fund.

571.26. Wall v Bd of Educ (Sanly Co) (MD NC) Aug 1965: Suit to enjoin Defs from hiring, assigning, dismissing teachers and other professional personnel on basis of race. Pending.

NAACP Inc Fund.

And see Chambers, 522.NC.28a.

572. Racial Discrimination by Government Agencies

572.12. Re Treskunoff (San Francisco) (Human Rights Commn) Oct 29, 1965: Pet claimed city gov't's policy making boards and commns maintain de facto religious quotas, alleging those not Protestants, Catholics or Jews have no representation. Commn formed special committee to determine its own jurisdiction over complaint.
:572.13. Re Bowers (Alameda, Calif) (Pres's Comm on Equal Employment Opportunity) Pet, Negro civilian, employed at GS-4, transferred to Naval Air Station as trainee at GS-3 with promise of promotion. Her classification as trainee changed; she complained of discrimination; station issued leter of reprimand; Pet appealed; letter withdrawn and reissued in more detail. Pet received little cooperation at h'g on base. Pending.

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

573. Racial Discrimination Involving Government Contracts (Exec Order 10925)

573.4a. Gaynor v Rockefeller (NYC) (NY Ct of App) Facts: X DOCKET 83, 130. Cites: Apr 21, 1964 order: 248 NYS2d 792; Jan 14, 1965 order: 256 NYS2d 584, 10 RRLR 258.
573.6. Re Tobacco Workers Intl Union, Local 208 (Durham, NC) (NLRB; President's Comm on Equal Employment Opportunity; DC DC) Oct, 1961: Negro Local 208 one of 2 Negro locals at Liggett and Meyers Co, filed complaints with President's Comm: (1) denial of equal opportunities for promotion or up-grading; (2) segregated plant facilities, lockers, cafeteria, toilets, water fountains, etc; (3) no apprenticeship or on-the-job training for Negro employees. Feb, 1962: after investigation, Comm found: employer under Govt contract, not in compliance. 1963: Comm ordered affirmative action by Co and TWIU to end discrimination, noncompliance as long as Co continues to bargain and deal with Locals "racially identifiable in structure," ordered Co to perpetually review and evaluate to assure: (1) no racial restrictive barriers exist; (2) no dual lines of jurisdiction or seniority; (3) no higher standards and criteria for minority employees; (4) all supervisors informed of policy; (5) supervisors administer promotion and training equally. Local 208 sought to merge with higher paid white Local 176; the employer and Local 176 proposed plan to destroy Negro seniority, putting all Negroes at end of seniority list of all white employees, as part of merger. Apr, 1964: meeting on merger called for 4:30 PM, held at 3:50 PM, merger voted with no mention of seniority rights. Je 9, 1964: Local 208 filed unfair labor practice charges and decertification proceeding with NLRB, alleged refusal to bargain, Co interference in exercise of rights of self-organization, refusal of employer to remit checked-off dues to Local 208. NLRB refused to exercise jurisdiction. Jy 28: Intl Union attempted to impose trusteeship on Local 208 to enforce merger, charged it was maintaining segregated union in refusing to merge. Aug 4: Petition for preliminary injunction filed in DC DC against Intl Union and officers. Aug 20: DC granted injunction preventing Intl Union from imposing trusteeship. Aug 26: Intl Union held h'g, named as H'g Officer a named Def in DC suit: Local 208 charter suspended. Pres Comm held extensive h'gs ending Oct 1965, decision pending. Co stopped checking off dues to white local. 1965: complaint before new Equal Opportunities Comm withdrawn pending decision by President's Comm.

F B McKissick, Esq, 213½ W Main St, Durham, NC; B Graves, Esq, Washington, DC.

574. Racial Discrimination by Transportation Companies
Note: Many suits charging racial discrimination are brought against the union as well as the employer.
574.16. Baker v Bhd Ry & Steamship Clerks, Louisville & Nashville RR (WD Ky, #4605) Facts: X DOCKET 84, 130. Sept 21: DC issued consent order to withhold adjudication of Def's motion to dismiss pending addition of claim under Title VII, Civil Rights Act.

Leroy C Clark, Esq.

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575. Racial Discrimination by Unions, Trade Associations
Articles: Daniel H Pollitt, NLRB and race hate propaganda in union organization drives, 17 Stanford 373-408.

Robert L Carter, NLRB and racial discrimination, 2 Law in Trans Q 87-96.

Comment: Racial discrimination in unions, 38 Temple 311-41.


575.23. In re Housing, Inc and Local 387 Carpenters' Intl Union (Columbus, Miss) (NLRB, TXD 98-64-28-CA-1578) Facts: X DOCKET 84. Correction: Feb 24, 1964: NLRB Examiner found Resp engaged in unfair labor practices; recommended specific remedial action; ruled Housing Inc must sign agreement with Local. No statement of exceptions filed. Mar 31: Bd adopted findings and conclusions. Resp complied with order.

Marvin Earl Taylor, Esq, 115 13th St, Columbus, Miss.

575.35a. Re Int'l Bhd of Electrical Workers, Plumbers and Pipe Fitters Union, Cement and Concrete Workers, Bricklayers, Mason Tenders Unions (Cincinnati, Memphis, NYC) (EEOC) Aug 18, 1965: Negroes complain of racial discrimination by Def unions before Equal Employment Opp Comm under 1964 Civil Rights Act, Tit VII. Pending.

NAACP Inc Fund.

575.37. Re Southern Bell Telephone Co; New Orleans Public Service, Inc; Sears Roebuck & Co; Maison-Blanche; Godchaux's; D H Holmes Co; Marks Isaacs Co (New Orleans) (EEOC DC) Jy 15, 1965: NAACP filed complaints against Defs with Equal Employment Opportunity Comm claiming discrimination in employment illegal under 1964 Civil Rights Act, Tit VII. Pending.

Robert L Carter, Esq, NAACP.

575.37a. Darling & Co; Int'l Chemical Workers; Bhd of Carpenters; Bhd of Electrical Workers; Operating Engineers (E St Louis, Ill) (EEOC) Jy 15, 1965: NAACP filed complaints, as in 575.37. EEOC must remand to state Fair Employment Comm unless they have failed to act on former complaint.
575.38. Hendricks v Int'l Bhd of Locomotive Engineers (NYC) (Commn for Human Rights) Nov 18, 1965: Complaint charging Def union with total exclusion of Negroes from membership. Def accepted token Negro membership; Commn to prosecute suit on its own.
575.39. Martin v Trenton and Mercer Co Bd of Realtors (Trenton) (DC NJ) 1954-1965: Pl Negro real estate broker denied membership on Def-Bd 6 times. Je 22, 1965: Pl sued for injunction to halt "unlawful combination and conspiracy in restraint of interstate trade and commerce" by denying membership on board to Negroes and by maintaining allwhite neighborhoods. Pending.

NAACP Inc Fund.

And see Morgan, 264.5, Akron Real Estate Bd, 534.2; Morris, 575.40.

575.40. Morris v S Bend-Mishawaka Bd of Realtors (St Joseph Co Super Ct) Negro real estate broker excluded from membership on Def Bd. Sept 1964: Pl sued for injunction and damages as result of exclusion under Ind anti-monopolies act. Pending.

Robert E Rodes, Jr, Esq, and Thomas L Shaffer, Esq, Notre Dame Law School, Notre Dame, Ind.

575.41. Dominigue v McKeithen, La State Bd of Embalmers' and La Funeral Directors Assn (New Orleans) (ED La, New Orleans Div) Aug 9, 1965: Pls, Negro funeral directors and/or embalmers, refused membership in Funeral Directors Assoc because by-laws restrict membership to whites. Pls pray that three-judge panel be convened under 28 USC 2284 and that court enjoin refusing to admit because such refusal violates the 14th amendment. Wisdom, Christenberry & Allsworth to hear case. No hearing date set as yet.

Smith, Waltzer, Jones, and Peebles, 1006 Baronne Building, New Orleans, La.

576. Other Racial and Religious Discrimination
And see 63.3, 63.3a, 63.4, 63.23, 63.32.
576.19. Re Independent Metal Workers Union, Local 1 & 2, Hughes Tool Co, and United Steelworkers of America (147 NLRB #166) Facts: X DOCKET 85. Case notes: 45 Boston University 141-49; 39 NYU 1101-17; 50 Cornell 321-30.
576.26. Centennial Laundry Co v West Side Organization (Ill App Ct, 1st Dist #50122) (204 NE2d 589; 10 RRLR 570) Pet sought injunction to prevent Def-civil rights groups from picketing and pressuring to integrate drivers. Chanc issued preliminary injunction. Feb 19, 1965: App Ct reversed: (1) Defs had denied allegations, material fact issues unsettled; (2) Def's demand for 8 drivers' jobs withdrawn pending h'gs by Chicago commn on Human Relations; (3) Defs offered to cease picketing pending full h'g on injunction; (4) need for immediate relief questionable because picketing had been going on for 3½ mths.
576.27. Birnbaum v Trussell (CA 2, #29228) (347 F2d 86, 10 RRLR 1249) Pl white physician claimed Defs conspired to fire him because of false anti-Negro charges. DC dismissed for lack of jurisdiction. Je 17, 1965: CA 2 reversed: DC has jurisdiction, but in order to state claim under Civil Rights Act Pl must allege intentional deprivation of constitutional rights; dismissed with leave to amend.
576.28. Brinkley v A & P (Wilmington) (ED NC) Pl claimed Def discriminates on basis of race, sex in hiring clerks. Equal Employment Opportunity Commn found probable cause, conciliation failed. Oct 18, 1965: Suit filed under 1964 Civil Rights Act, Tit VII; pending.

J LeVonne Chambers, Esq, 405½ E Trade St, Charlotte; NAACP Inc Fund.

576.29. Chandler v Greenville Mills (DC Miss) May, 1965: Negro job applicants sued to require Def to hire without discrimination, on theory of state action. Pending.

Henry Aronson, Esq, 507½ N Farish St, Jackson; Prof Anthony Amsterdam, U of Pa Law School; NAACP Inc Fund.

And see Smith, 554.Va.3a.

577. Nationality Discrimination
578. Sex Discrimination

UN DECLARATION OF HUMAN RIGHTS: Art 23(2)

See Brinkley, 576.28.

Comment: Classification on basis of sex and 1964 Civil Rights Act, 50 Iowa 778-98.

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579. Age Discrimination

579.3. Re 44-yr Old Woman (Mich Civil Rights Commn) Pet hired by Co personnel Dept; then telephoned, told she would not be hired because of her age. Commn informed Co of 1965 Mich Pub Act 344 which prohibits discrimination in employment because of age. Pet hired.

Burton I. Grodin, Exec Dir, Civil Rights Commn, 900 Cadillac Sq. Bldg., Detroit.

580. Civil Actions Under Civil Rights Laws Not Otherwise Covered (see 304, 551-555, and 590)
Newsletter: Equal Employment Opportunity Commn. 4 pp. 1800 G St NW, Washington, DC.

Analysis: Title VI, Civil rights under fedl programs. 1965. US Commn on Civil Rights, Washington, DC.


580.10. US v Clark (Selma) (SD Ala, N Div, #3438-64) (10 RRLR 568) Facts: X DOCKET 131. Apr 16, 1965: 3-judge ct held racial discrimination practiced against persons seeking to assert fed'lly protected rights; enjoined sheriff from using 200-man Co posse in racial matters; no injunction against city or its officials. Je 1: Ct amended order; enjoined sheriff, Cir Ct judge and solicitor, Probate Ct to dismiss charges brought Jy 6-9, 1964 against 74 Defs for contributing to delinquency of minor, interfering with Ct in session, criminal provocation, inciting to riot.

See Allen, 59.35a, X DOCKET 138.

580.11. Gilmore v La Costa (Baton Rouge) (20th Jud Dist, #3465) Jy 16, 1965: Pl, Negroes, served in bar-poolroom, then beaten, ejected by patron and bartender, sue for assault and battery. Pending.

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

And see Gilmore, 551.La.7.

580.12. Bryant and Sisco v Donnell (Lake Co) (WD Tenn, ##1517, 1525) (239 FSupp 681) Pl worked as share-cropper for Def; Def cut off Pl's credit at store; Pl sought other work. Sept 19, 1964: Pl returned to move from Def's land with help of Pl Sisco. Def shot at Pls, made citizen's arrest for trespass. Pls sue under Civil Rights Act for money damages. Mar 10, 1965: DC held neither Pl stated valid claim under fed'l anti-peonage statutes: Pl, Sisco did not allege indebtedness; Pl Bryant did not allege arresting officer violated fed'l acts; Defs acted only as private citizens, do not come within Act.
580.13. Joe Louis Milk Co v Hershey (ND Ill, #64 C 1478) Def levied assessment on holders of liquidated mutual insurance co. Pl-holder claims Def knew that statute which presumably allowed assessment was unconstitutional. Pl sued for deprivation of civil right: being forced to defend needless suit, depletion of resources. Jy 27, 1965: Motion to dismiss denied: (1) civil rights include property rights; (2) abstention doctrine does not require remand to state ct when statute unconstitutional on its face.
580.14. Miller v Hall (Baker Co Super Ct) Mar 1965: White Def shot and killed Pl's husband, Negro farmer. Pl sues for $300,000 for wrongful death. Pending.

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

590. Criminal Prosecution Under Civil Rights Laws (see 304, and 580)

590.14. Georgia v Sims, Myers (Crawfordville) Oct 18, 1965: 7 Klansmen, incl 2 acquitted of Lemuel Penn murder in 1964, arrested for forcing Negro farmer off road, attempted battery. Pending.
590.15. Georgia v Sewell (Americus) Aug 5, 1965: Def, former state legislator, arrested: assault of civil rights worker during voter registration drive. Pending.
590.16. Georgia v McCall (Americus) Aug 5, 1965: Def, service station operator, arrested: assault with intent to murder civil rights worker. Pending.
590.17. Alabama v Haynes (Jacksonville) Aug 29, 1965: Def, white man, arrested for murder of Negro. Pending.
590.18. Georgia v Hubbard, Buckhault (Greensboro Co Ct) Jy 28, 1965: Defs, white men, pleaded guilty to assault and battery, malicious mischief for shooting at Negro: fined $300 each.
590.19. Alabama v Coleman (Hayneville) (Lowndes Co Ct) Aug 20, 1965: Deputy sheriff, Def, shot and killed white civil rights worker, Jonathan Daniels. Grand jury returned only manslaughter charge. Sept 30: Jury acquitted Def, after trial in which State's principal witness hospitalized from wounds suffered at time of killing and unable to testify.
600. Suits Involving Constitutional Rights of American Indians
Hearings: Sen Subcomm on Const Rights: S 961-S 968 and SJ Res 40: Rights of American Indians. Transcripts available.
601. Civil Actions Between Individuals and Tribes
602. Civil Actions Against Reservation Indians
603. Criminal Actions Against Reservation Indians

603.5. Colliflower v Garland (ND Mont) (342 F2d 369) Facts: X DOCKET 86, 132. Aug 17, 1965: DC granted habeas corpus petition. Case note: 26 Montana 235-40.
604. Actions Involving Property Rights
605. Condemnation of Land of Indian Reservations

605.2. US v Seneca Nation (USSC) (338 F2d 55) Facts: X DOCKET 132, 165. 1965: USSC denied cert.