Meiklejohn Civil Liberties Institute Archives logo
| HOME | HISTORY | PUBLICATIONS | DOCKETS | FINDING AIDS |

CIVIL LIBERTIES DOCKET
Vol. XI, No. 2
May, 1966
$10.00/3 issues/year

Search in this volume

Case Number: 

Enter a specific case number or use * as wildcard, e.g., 303.15, 303.*

Case Title: 

Enter keywords from the title of a case, e.g., carpenters union

Case Description: 

Enter keywords from the description of a case, e.g., segregation school
   

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

GENERAL CONSTITUTIONAL MATERIAL:

Pamphlet: Subcomm on Constitutional Rights, Comm on Judiciary, US Senate, Layman's guide to individual rights under the Constitution, 1966.

Books: Robert Rutland, The ordeal of the Constitution: The antifederalists and the ratification struggle of 1787-1788.

Charles L Markmann, The noblest cry: A history of the American Civil Liberties Union. St. Martin's Press. 464 pp. $7.95. Review: Corliss Lamont, A distortion of ACLU role, Nat Guardian, Apr 30, 1966, p 12.

GENERAL LEGISLATIVE MATERIAL:

Article: Alan F Charles, "They shall not be questioned in any other place": A new look at legislative immunity, 3 Law in Trans Q 45, Winter, 1966.

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

11.18. California v R Davis (San Francisco) (Super Ct, App Dept; Municipal Ct) Facts: XI DOCKET 1. Def's individual appeal pending. Mime Troup applied for Park Commn permit for 1966: denied. May 1966: Petition for writ of mandate filed; pending.

Nathan Smith, Esq, 220 Bush St; Steven Adams, Esq, 220 Montgomery St, both of San Francisco.

11.19. ACLU v South Gate, Calif, City Council (Los Angeles Super Ct, #873068) 1965: ACLU sought permission to hold public meeting in Municipal Auditorium; denied: "controversial". Nov 11, 1965: ACLU filed petition for writ of mandate; Council passed ordinance restricting Auditorium use to "recreational" purposes. New application filed; pending.

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

11.20. ACLU v Burbank, Calif, City Council (Los Angeles Super Ct, #873069) ACLU sought permission to hold public meeting in Library Auditorium; denied: ACLU "educational," not "cultural" organization. Nov 29, 1965: ACLU filed petition for writ of mandate: denial of free speech, assembly, and due process, vagueness. Pending.

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

11.21. Scheer v Oakland (Alameda Co Super Ct) Apr 4, 1966: Pl, candidate for Congress, applied to Park Commn for use of city parks for campaign rallies. Apr 6: Commn denied applications: Oakland Muni Code 6-3.15 prohibits use of parks for political purposes. Apr 8: Pl filed petition for writ of mandate commanding Def (1) to grant Pl right to use parks and (2) to cease enforcing ordinance 6-3.15: ordinance unconstitutional under 14th Amdt, Art I, §§10, 11, 21 of Calif Const; also, parks used in past for political purposes, including Nixon rally in 1962. Apr 20: Super Ct granted writ.
12. Of Motion Pictures (see also 52)

12.11. Landau v Fording (formerly v Berkeley) (Calif Dist Ct of App, 1st Dist, #22,920) Facts: X DOCKET 87. Fall 1966: argument.
13. Of Peddlers
14. Of Books, Magazines (see also 52)

14.20. Pennsylvania v Robin (Pa Sup Ct, #180,181) 1961: Com Pleas Ct enjoined sale and distribution of "Tropic of Cancer." Def's appeal attacks Roth, 52.3, 354 US 476, obscenity statutes 18 PS §3832.1 (1961) and PL 1330 (1959) as unconstitutional violation of 1st and 14th Amdts and Pa Const Art I, §7. Pending.

Amicus brief for Phila ACLU, by Gilbert M Cantor, Esq, 1300 Two Penn Center Plaza; Julian E Goldberg, Esq, 2028 Delancey Pl, both of Phila, Pa.

15. Of Miscellaneous Activities

15.12. Re KPFA (FCC) Dec 16, 1965: FCC (4-3) granted renewal of Pacifica Foundation licenses for KPFA and KPFK for 1 yr instead of usual 3 yrs, warned of complaints against 4 letter words and "far-out programs." KPFA took steps to eliminate offending words.
15.13. Henry, Smith, United Church of Christ v FCC (Jackson, Miss) (CA DC) 1964: Pls opposed renewal of license of radio station WLTB, claiming station policy opposes civil rights activities, discriminates against Roman Catholic Church. FCC declined to order h'g; (4-2) issued WLTB one-yr probationary license. Pls appealed to CA. Mar 25, 1966: CA ruled Pls must be given h'g by FCC, in first case requiring that members of public be allowed to challenge renewal of broadcasting licenses.

And see cases at 257.

- 60 -

16. Of Parades
And see Rutledge, 73.Miss.25; Benson, 55.NH.2, .3.
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

23.17. Nevens v Chino (5th Dist Ct of App) Def-City passed rule barring use of tape recorders by spectators at public city council meetings. Pl sued, alleging First Amdt violation; Super Ct dismissed. Feb 1966: DCA reversed, remanded for trial. City council rescinded rule. Case dismissed.

Tony Geram, Esq, 8408 Sierra, Fontana, Calif, for ACLU of S Calif.

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.

Article: Israel Kugler, The AAUP at the crossroads, Changing Education, AFT, Spring, 1966, p 34.

Bill: Nov 18, 1965: North Carolina Legislature modified 1963 act prohibiting Communist speakers at Consolidated Univ of NC and other state colleges to give trustees control over speakers visiting campuses.

Symposium: Student rights and campus rules: Michael Tigar, Introduction; Arthur Sherry, Rules, rights and responsibilities; Hans Linde, Campus law; Ira Michael Heyman, Some thoughts on University disciplinary proceedings; Robert O'Neil, Reflections on the Academic Senate resolution; David Louisell, Of politics, free speech, and due process; Frank Newman, Reflections, overview and response to Prof Louisell, 54 Cal L Rev 1-132.

Comment: The University and the public: The right of access by nonstudents to Univ property, 54 Cal L Rev 132.

And see Fleming, 421.Colo.2.


24.37. California v Savio (Univ of Calif—Berkeley) (Calif DCA, # #22,751, 22,752, 22,753, 22,933) Facts: X DOCKET 88, 133, XI DOCKET 2. Feb 8, 1966: DCA upheld Juvenile Ct decision which found 4 juveniles guilty of trespass, resisting arrest. Feb 28: 574 Defs joined in petition for reh'g alleging: (1) DCA opinion on 4 will be substantially binding on Alameda Co App Dept when it considers 574 Defs' appeal; (2) DCA, in Feb 8 opinion, did not consider admissability of evidence relating to Gov Brown's decision to order arrest of Defs; (3) since UC officials did not request removal of Defs, they were not trespassing; hence Gov Brown could not order police to arrest Defs. Mar 2: DCA denied reh'g. Mar 18: DCA dismissal appealed to Calif Sup Ct; pending. Mar 21: 574 Defs filed petition in Sup Ct: (1) to intervene, for habeas corpus, or leave to appear and argue amici curiae; (2) to make additional findings of fact and take additional evidence on appeal; (3) to take additional notice of records in adult cases, or to order those records transmitted for consideration in juvenile cases. April: Calif Sup Ct denied petition.

And see Aptheker, 24.37a.

24.37a. In re Aptheker, Stein, Jacobs (Univ of Calif—Berkeley) Sept 1965: Chancellor issued "provisional" rules on student organizations and activities, as result of Savio, 24.37, X DOCKET 88, 133. Under rules, no student group could reserve loudspeaker equipment for noon rallies more than once a week, no group could hold more than one rally in a week with equipment. Feb 2, 1966: Defs, among others, spoke at 2nd Viet Nam Day Comm rally that week, protesting resumed bombing of North Viet Nam by US; no other groups had sought to use facilities same day, school not in session. Feb 9: Defs, represented by law student, tried before Faculty H'g Officer on charges of violating rules, engaging in "conduct unbecoming a student." Issues: rules issued without prior consultation with students, so violated administrative due process; rules unconstitutional as beyond regulation needed to protect opportunity for all to speak; "conduct unbecoming student" standard void for vagueness; rules not applicable to time and circumstances of speaking. Feb 14: H'g Officer found Defs guilty, recommended Defs be barred from all political and Univ-connected social activity for rest of semester. Def's counsel argued: (1) penalty violates First Amdt, (2) Univ, in imposing discipline, cannot reduce political rights of students to less than those of nonstudents who may engage in political activity on campus. Feb 23: Chanc accepted (2), reduced punishment. Apr: Def-Stein spoke at rally. Chancellor expelled Def.

Michael E Tigar, 3d yr, Boalt Hall.

24.40. Stanton v Dumke (Calif Sup Ct) (64 AC 207) Facts: X DOCKET 134. Feb 23, 1966: Sup Ct affirmed judgment of dismissal after demurrer sustained without leave to amend, held Pl-probationary college teachers "could ask for no more than an opportunity to present their charges of arbitrary denial" of constitutional rights "at a fairly conducted h'g"; record does not support charge of failure to rehire due to Pls' union membership or publicizing of alleged policy by Def state college president and others not to admit southern sit-in students.
24.42. Parker v Bd of Educ (Prince Georges Co, Md) (USSC) Facts: X DOCKET 134. 1965: CA 4 affirmed dismissal. Pl's petition for cert pending.

CLU support by Robert H Reiter, Esq, and Andrew P Zimmer, Esq, 1101 Vermont Ave NW, Washington, DC.

24.45. California v Peters, Cuddy, Friel, Kutchinsky, Namais (San Francisco Muni Ct) Facts: XI DOCKET 2. Aug 13, 24, 1965: Jury trials. Mar 17, 1966: Def Cuddy convicted of trespassing and failing to disperse.

And see Peters v Wyatt, 304.92.

- 61 -

24.47. Re Geri Davis (San Diego) (Cal State Dept of Educ) Schoolteacher wrote award-winning play, "A Cat Called Jesus," during vacation. Citizens sought to have teacher fired: play obscene and blasphemous. Bd upheld teacher. Cal Teachers Assn investigated: "not one scintilla of evidence" to support charges of misconduct. Dept Credentials Comm (over protests of State Bd of Educ pres and Methodist bishop Bd member) investigated teacher's qualifications. Jan 18, 1966: Credentials Comm held public h'g; took no action against teacher's credential, reprimanded her for writing play containing "cheap and unfortunate language which tends to perpetuate racial tensions."
24.48. In re Owen (Santa Clara Co) (Cal State Bd of Educ) 1964: Pet-elementary school teacher refused to take pledge of allegiance to flag. State Comm on Credentials denied Pet new credential. May 12, 1966: State Bd of Educ overruled Comm on Credentials: evidence to support Pet's contention he was trying to bring forcibly to his students' attention the meaning of the pledge.
24.49. Matter of Anderson, Vivian (NY Co Sup Ct) 1965: Pl's teacher's license revoked because of citation for contempt for failure to answer questions in grand jury investigation of Harlem riots. Trial pending.

Susan Ginsberg, Esq, NYCLU, 156 Fifth Ave, NYC.

And see Epton, 54.9; McAdoo, 333.20a.

24.50. Pls v District of Columbia School Bd, Federal District Court Judges (DC DC, Wright, J (of CA DC) ) Feb 5, 1966: Pls sued School Bd and fedl DC judges who appointed it alleging process of appointment violates separation of powers by permitting ct which acts as constitutional ct to encroach on executive power of appointment and removal of officials; alleged separation of powers applies to Dist as a city or state. Pending before specially appointed CA judge.

William L Higgs, Esq, 12 10th St NE, Washington, DC. Fredric Ballard, Michael Bush, Amanda Hawes, Douglas Kramer, Philip Mause, Joseph Meissner, Richard Seymour, Philip Shaw, for Harvard Law School Civil Rights Comm.

24.51. Jones v Bd of Regents (U of Ariz) (DC Ariz, #2142-Tuc) 1966: Pl, non-student, attempted to pass out anti-Viet Nam war leaflets on campus; arrested: violation of ordinance prohibiting non-student's distributing leaflets on campus. Pending.
24.52. Re Mark Miltenberger (Berkeley Bd of Educ) Jan 19, 1966: 13 yr old suspended for one day from Jr High for wearing peace armband and anti-Vietnam war button. At Bd of Educ meeting principal announced: (1) formation of war study group, (2) buttons and armbands would be permitted on campus.
24.53. Leonard v School Comm of Attleboro (Bristol Co) (Mass Sup Jud Ct, #6646) (212 NE2d 468) School bd ordered Pl, 17-yr-old professional musician, to get haircut or leave school. Pl sued. Dec 7, 1965: Sup Ct affirmed Bd order: Bd has broad discretionary powers in setting school standards; Ct need only find some "rational basis for the rule" to uphold it in face of Pl's interest in family privacy, his career, and his public image.

Danzel and Sherry, Esqs, 101 Tremont, Boston.

24.54. Goldberg v Regents of Univ of Calif—Berkeley (Alameda Co Super Ct, 1st Dist Ct of App) Def- Univ dismissed 1 Pl-student, suspended 3 others, all participants in "dirty word" demonstration. Aug 31, 1965: Pls sued for reinstatement. Ct sustained Def's demurrer without opinion. Appeal pending: Univ regulation (students "should adhere to acceptable standards of good conduct") void for vagueness; h'g and punishment infringed First Amdt rights by determining Pls used obscene language without considering context in which words used or whether there was any redeeming social value in their use; procedural unfairness of Univ h'g. Pending.

Donald Kerson, Esq, 341 Market St, San Francisco.

And see Thomson, 52.78.

24.55. Evers v Birdsong (Lorman) (SD Miss) Mar 4, 1966: Pls attempted to present petition to Alcorn College president requesting that college refrain from taking adverse action against profs, employees, and students assisting civil rights workers; arrested: disturbing the peace. Mar 11: DC granted Pls temporary restraining order prohibiting state highway patrol and state officials from interfering with Pls' rights of free speech and assembly to petition for redress of grievances.

Carsie A Hall, Jack H Young, Eddie H Tucker, Esqs, 115½ N Farish St; R Jess Brown, Esq, 125½ N Farish St; Richard E Tuttle, John H Doyle, III, James M Cassidy, Esqs, President's Comm, 233 N Farish St, all of Jackson, Miss.

25. On Miscellaneous Activities
30. Economic Restrictions (see also 251, 261, 268, 281, 571)
Bibliography: McCarthyism and entertainment. III AIMS Newsletter—2, p 3. 20 E 30th St, NYC 10016.
30.16. NAACP v Overstreet (USSC, #505) (142 SE2d 816) Facts: XI DOCKET 3. May 7, 1965: Ga Sup Ct denied motion for reh'g. Dec 6: USSC granted cert. Apr 28, 1966: USSC (5-4) dismissed writ of cert as "improvidently granted," leaving $85,793 judgment against NAACP. Douglas, J (Warren, CJ, Brennan, Fortas, JJ) diss: (1) nat'l NAACP could not have been liable for damage under agency law because no proof it had control over persons who did acts nor any knowledge of boycott; (2) altho agency question is matter of state law, these cases threaten political freedoms guaranteed by 1st Amdt.

Robert L Carter, Anne Gross Feldman, Maria L Marcus, Barbara A Morris, Lewis M Steel, Esqs, NAACP, 20 W 40th St, NYC 10018; E H Gadsden, Esq, 458½ W Broad St, and B Clarence Mayfield, Esq, 910 W Broad St, both of Savannah, Ga.

30.18. Hurwitz v Directors Guild of America, Inc (CA 2, #30,215) Jy 1965: Def and Screen Directors Int'l Guild (SDIG) agreed to merge: SDIG members automatically become members of Def-union subject to condition they take loyalty oath. Pls, members of SDIG, refused to swear to oath; Def denied them membership. Pls made motion
- 62 -

for restraining order and preliminary injunction. SD NY denied motion: (1) no showing of irreparable injury; (2) Labor Management Reporting and Disclosure Act "permits reasonable qualifications thereof in a Union's constitution and by-laws." Pls' appeal pending.

Nanette Dembitz, Melvin L Wulf, Esqs, ACLU, 156 Fifth Ave, NYC 10010.

And see Elliott, 269.10, Proctor, 269.11.

40. Contempt (see also 63, 330s, 390s)
41. Of Federal Courts

41.5. Maddox v Willis (USSC, #308) Facts: X DOCKET 89, XI DOCKET 3. Cite: 382 US 18 (1965).
41.8. Harris v US (USSC) (334 F2d 460, 86 SCt 352) Def refused to answer questions before grand jury; brought before DC, which offered immunity, ordered Def to answer. Def refused. DC again ordered Def to answer; Def again refused. Def moved for public h'g, opportunity to call witnesses; DC denied; adjudged Def guilty of criminal contempt: 1 yr. CA 2 affirmed. Dec 6, 1965: USSC reversed (5-4), Douglas, J: Fed Rules of Crim Proc 42(a) reserved for "exceptional circumstances" such as "misbehavior" in the "actual presence of the Ct" where speedy punishment may be necessary to vindicate the ct's dignity and authority; swiftness not prerequisite to justice here; delay for h'g would not imperil grand jury proceedings; refusal was to grand jury—merely repeated to ct; h'g necessary to determine whether questions are important, whether refusal is due to fear of reprisals on witness or family so that short sentence justified; Brown v US, 359 US 41, reversed. Stewart, Clark, Harlan, White, JJ, diss.
42. Of State Courts

42.18. New Mexico v Morris, Harrison (NM Sup Ct, #7684) Facts: X DOCKET 4, 89, XI DOCKET 3. Cite: 406 P2d 349.
42.21. Kentucky v Taylor (Louisville Ct) Facts: X DOCKET 89.

Correction: Atty's address: Daniel T Taylor, III, Esq, M C Taylor Bldg, Louisville, Ky.

42.25. In re Jankunis (Butte Co Super Ct, #44064) Dec 23, 1965: Defs, Chico State College prof and students, allegedly handed out leaflets in view of jurors during last day of profanity trial of another Prof, di Tullio, 52.84; arrested: contempt. Super Ct granted writ of habeas corpus, Defs released pending h'g: indirect contempt and acts not contemptuous but within constitutional guarantee of free speech, no clear and present danger to judicial process being involved. Pending.

A John Merlo, Esq, 645 Normal, Chico, Calif.

And see California v di Tullio, 52.84.

43. Of Other Agencies (see also 270s, 330s)
50. Criminal Sanctions
Booklet: Civil disobedience, 1966. Study of Democratic Instituitons, Box 4068, Santa Barbara, Calif., 1 copy free, additional @ 30c.

Article: Harrop Freeman, Civil Disobedience, law and democracy, 3 Law in Trans Q 13, Winter, 1966. 323 W 5th St, Los Angeles.

51. Against Disorderly Conduct and Similar Offenses (see also 55, 541, 542, 551, 552)
Pamphlet: Lenora Berson, Case study of a riot (N Philadelphia 1964), Inst of Human Relations, 72 pp.
51.Ariz.1. Arizona v Suever (Phoenix Muni Ct) 1965: Def given speeding ticket when caught in radar trap. He drew a sign and went back down the street to inform other motorists of radar trap; arrested: disturbing the peace, obstructing justice, using vulgar language. After trial, found guilty of using vulgar language near high school children; innocent of other charges.

CLU direct support by Herbert L Ely, Esq, Phoenix, Ariz.

51.Calif.5. California v Huss, Krause, McLaughlin, Holstein, Reeves (Los Angeles) (2d DCA, #CR 9930) Facts: X DOCKET 6, 90 at 51.53, XI DOCKET 3. 1966: DCA reversed conviction for conspiracy to incite to riot. Petition for h'g in Sup Ct pending.
51.Calif.11. California v Albert, Garson (Berkeley Muni Ct) Apr, 1966: 6 Defs arrested in Vietnam Day demonstrations: resisting arrest, disturbing the peace. May: convicted; 5 Defs $110 fine, 6 mths probation; 1 Def, elderly man, 3 mths probation.

And see Amey, 55.Calif.14.

51.Colo.1. Williams v Denver (Colo Sup Ct, #21097) Facts: XI DOCKET 3. Cite: 402 P2d 615. Clarification: While Colo Sup Ct did not decide whether ordinance itself is unconstitutional, Ct said facts showed Def arrested not for violating loitering ordinance but for defying order to discontinue speaking; Ct held such use of loitering ordinance interfered with Def's right of assembly and free speech, violated 1st Amdt, state Constitution.
51.Colo.2. Colorado v Perdew, Deluxe (Denver Co Ct) Jan 6, 1966: Defs, members of SNCC, demonstrated at FBI offices in Denver Fed'l Bldg protesting FBI failure to perform its duties to protect dec'd Sammy Younge (Tuskegee, Ala); refused to leave when asked to do so. Demonstrators removed; Defs attempted to re-enter; arrested: disturbing the peace. $300 bail apiece, in spite of mayor's avowed policy of permitting personal recognizance bonds in such cases. Apr 27: trial.

Harry K. Nier, Esq, Mile High Center; Forrest C O'Dell, Esq, both of Denver.

51.La.6. Brown v Louisiana (USSC) (168 So2d 104) Facts: XI DOCKET 4. Mar 25, 1964: Defs convicted: $35-$150 and costs or 15-90 days. Feb 23, 1966: USSC reversed (3 and 2 to 4), Fortas, J: (1) library where acts occurred was run on segregated basis; (2) CORE had notified police of plan to sit-in; Defs caused no disruption of library by asking for book on Negro history or remaining after being told book not available: held no basis for order to leave library or charge of breach of peace; `statute was deliberately and purposefully applied solely to terminate the reasonable, orderly, and limited exercise of the right to protest the unconstitutional segregation of a public facility." Brennan, J, conc. White, J, conc in result. Black, J (Clark, Harlan, Stewart, JJ) diss.
- 63 -

51.Miss.4. Guyot v Pierce; Strothers v Thompson (Jackson) (CA 5, Misc #236) Facts: X DOCKET 135, XI DOCKET 4. Correction: Aug 24, 1965: CA denied injunction re one ordinance only; DC injunction still in effect for other ordinances and Pls can still march and distribute leaflets.
51.NY.21. New York v Jones (Crim Ct, Manhattan, Part 2B, ##B-2942, C-5629) Dec 1965: In sit-down demonstration at Chase Manhattan Bank in protest of Bank's support of South African apartheid, 17 Defs arrested: disorderly conduct and resisting arrest; did not block entrance, went limp and offered no resistance. Trial issues: (1) is inconvenience to pedestrians without obstructing or blocking ingress or egress disorderly conduct; (2) is it resisting arrest to go limp when Defs engage in no overt physical act of resistance? Dec 20: Crim Ct granted Def's motion to dismiss: DA failed to prove both counts beyond reasonable doubt, and "the court having a reasonable doubt, the motion will be granted."

Marvin M Karpatkin, Esq, 660 Madison Ave; Burton H Hall, Esq, 136 Liberty St; Arthur Q Funn, Esq, 305 Broadway, all of NYC; Frank E G Weil, Esq, 610 East St, Washington, DC.

51.NY.22. New York v Forman, Lewis (NYC Crim Ct) Mar 21, 1965: 5 Defs held sit-in at South African consul general's office; arrested: intrusion on private property, disorderly conduct; $50 bail each. Mar 23: trial.

Martin Berger, Esq, 377 Broadway, NYC.

51.NY.23. In re Gray and 14 Other Demonstrators (NY Sup Ct) Jan 24, 1966: Defs held demonstration for jobs at intersection of 125th and 7th Ave; arrested: disorderly conduct. Apr 10: Defs convicted; $50 or 10 days each. Apr 11: Defs requested of Economic Opportunity Comm. anti-poverty money to pay fines or jobs to earn money. EOC refused request, sent Defs to Haryou and Brooklyn's Youth in Action to find jobs.

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

51.NY.24. US v Jones (SD NY) (244 FSupp 181, 10 RRLR 1483) Je 23, 1965: Defs arrested for blocking doors of fedl court house, charged with disorderly conduct punishable under NY law, pursuant to "Assimilative Crimes Act." Defs moved for dismissal: should have been charged with violation of fedl statute against picketing near cthouse rather than with violation of NY law. DC found altho US might have selected alternative ground for prosecution, it could also proceed on essentially different theory of disorderly conduct, held state law does not infringe rights of freedom of expression, is not unconstitutional on its face, motion denied.
51.NY.25. New York v Nelson (App Term, 2d Dept, #N 1714/65) Def argued verbally with policeman; arrested: disorderly conduct (NY Pen C §722(2)) NY Crim Ct: Def convicted. Appeal pending.

Robert I Fisher, Esq, 40 Wall St; Henry M diSuvero, Esqs, NYCLU, 156 Fifth Ave, both of NYC.

51.NY.26. New York v Williams (Kings Co Crim Ct) 1965: Def questioned Housing Auth officer's allegedly unnecessary use of force in arresting Def's sister; Def arrested: interfering with officer in performance of his duty. Trial pending.

ACLU direct support by William Spanhos, Esq, Fifth Ave, NYC.

51.NY.27. New York v Koppersmith (NYC) (App Term, 2d Dept, #B8867) Mar, 1966: Def attempted to hold press conference on sidewalk with school children as school being dismissed; arrested: violation of Pen Law, §722(2), disorderly conduct. Def convicted. Appeal pending.

Henry M diSuvero, NYCLU, Allan R Tessler, Esqs, 50 Wall St, NYC.

51.NY.28. New York v Kaufman (NY Co Crim Ct, #19694) 1966: Def distributed political literature on sidewalk perimeter of Tompkins Square Park; arrested: violation of Art II, §6 of Rules and Regs of Dept of Parks of NYC. Ct dismissed charges: regulation declared void for failure to comply with 1st Amdt standards.

Henry M di Suvero, NYCLU, Allan R Tessler, Esqs, 50 Wall St, NYC.

51.NY.29. New York v Rockwell (NYC Crim Ct) June 22, 1960: Citizen attacked Def because of remarks made by Def in course of colloquy with radio interviewer. Warrant issued on citizen's complaint. Apr 11, 1966: Def arrested for 1960 disturbance. Issues: speedy trial, free speech. Trial pending.

Martin M Berger, Esq, NYCLU, 377 Broadway, NYC.

51.NY.30. Baer v New York (Syracuse) (USSC) CORE member attempted to stand-in at police chief's office; arrested when he refused to leave steps of public building: loitering and acting "in such a manner as to annoy, disturb, interfere with, obstruct, or be offensive to others." Convicted, $100 fine. May 2, 1966: USSC dismissed appeal.
51.Pa.3. Pennsylvania v Klos, Hechelroth, Hatton (Lancaster) (Dist Ct of Oyer and Terminor) Apr 3, 1966: SDS-sponsored "fast vigil" in front of Selective Service office. Defs attacked demonstrators, injuring 3; arrested: assault. Pending.
51.Tenn.6. Tennessee v Hawkins, Stevens, Allen (Knoxville Muni Ct) Oct 1965: Defs, Caucasian and Negro staff members of Appalachian Economic and Political Action Conference, riding in staff car; arrested: vagrancy, disorderly conduct, reckless driving. First h'g postponed: arresting officers absent; second h'g postponed: lack of defense witness; third h'g postponed: Defs requested dismissal: City has no vagrancy ordinance. Apr 15, 1966: fourth h'g: Defs moved for dismissal: officers again absent; motion denied. Trial re-set for Oct 14, 1966.

John J Johnson, Jr, Esq, 2212 Vine Ave, Knoxville, Tenn.

52. Against Obscenity (see also 12, 14, 303, 580)
Speech: Mar 29, 1966: Calif State Atty Gen'l Thomas C Lynch said publishers of pornographic materials will be prosecuted on "top priority" basis as result of recent USSC rulings.
52.34. Mishkin v New York (USSC) (204 NE2d 209, 205 NE2d 201) Facts: X DOCKET 7, XI DOCKET 5. Mar 21, 1966: USSC affirmed (6-3), Brennan, J: Def charged with hiring authors, artists, printers to produce obscene books; books had prurient appeal to "normal" and other groups; scienter necessary under NY Pen L §1141 satisfied; search and seizure question not raised below so not decided here. Black, J, diss: "... because of life tenure, as well as other reasons, the fedl judiciary is the least appropriate branch of govt to take over censorship responsibilities. ..." Stewart, J, diss; Douglas, J, diss.
- 64 -

52.56. Ginzburg v US (USSC) (338 F2d 12) Facts: X DOCKET 7, 91, 136, XI DOCKET 5. Mar 21, 1966: USSC affirmed (5-4), Brennan, J: "Where the purveyor's sole emphasis is on the sexually provocative aspects of his publications, that fact may be decisive in the determination of obscenity. Certainly in a prosecution which, as here, does not necessarily imply suppression of the materials involved, the fact that they originate or are used as a subject of pandering is relevant to the application of the Roth test." Black, J, diss: "... Pet ... is now ... authoritatively condemned to serve 5 yrs ... for distributing printed matter about sex which neither [Pet] nor anyone else could possibly have known to be criminal"; fedl obscenity statute unconstitutional under First Amdt and for lack of standards. Harlan, J, Stewart, J, diss: material not hard-core pornography; Pet not charged with pandering. Douglas, J, diss: Record shows material not "utterly without redeeming social importance"; sex used constantly in advertising all types of products—why not books; "The theory is that people are mature enough to pick and choose, to recognize trash when they see it, to be attracted to the literature that satisfies their deepest need, and, hopefully, to move from plateau to plateau and finally reach the world of enduring ideas."

And see Mishkin, 52.34; Fanny Hill, 52.83.

52.81. New York v Nuchims (NYC Sup Ct) Facts: X DOCKET 136.

Correction: Atty's address: M Ronald Gould, Esq, 111 Broadway, NYC.

52.82. Stone v District of Columbia (CA DC, #19085) Facts: X DOCKET 136. Oct 1965: CA reversed Def's conviction; denied Pl's petition for reh'g en banc.

Michael D Padnos, Lawrence Speiser, Esqs, ACLU, 1725 K St NW, Washington, DC.

52.83. A Book Named "John Cleland's Memoirs of a Woman of Pleasure" v Atty Genl of Massachusetts (formerly "Fanny Hill v") (USSC) (206 NE2d 403) Facts: XI DOCKET 5. Mar 21, 1966: USSC reversed (6-3); Brennan, J: Mass Sup Ct used wrong test; "A book can not be proscribed unless it is found to be utterly without redeeming social value; no evidence taken here on exploitation of book by panderers"—see Ginzburg, 52.56. Black, Stewart, JJ, concur; Douglas, J, concurs in reversal, quotes sermon "Dr Peale and Fanny Hill." Clark, J, diss; Harlan, J, diss; White, J, diss.

And see Mishkin, 52.34; Ginsburg, 52.56.

52.84. California v di Tullio (Chico) (3d Dist Ct of App) Oct 25, 1965: Def, Chico State College prof, arrested: use of profanity in speech at rally protesting war in Vietnam. Dec 9: Muni Ct found Def guilty. Motion for writ of prohibition: statute under which convicted unconstitutionally broad. Dec 24: Butte Co Super Ct denied writ; DCA denied writ. Dec 27: Def sentenced to 5 days and $200 fine.

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

And see In re Jankunis, 42.25.

52.85. California v Chance (San Mateo Co Super Ct, App Dept) Feb, 1966: Def convicted on 2 of 11 counts of selling obscene pictures after Trial Ct refused to allow Def to introduce "girlie" magazines as evidence of contemporary standards because magazines contained textual material not comparable to pictures. Mar: Def filed appeal. Pending.

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

52.86. Austin v Kentucky (USSC, #453) Aug 13, 1965: Cert filed. Apr 26, 1966: USSC granted cert limited to constitutionality of Ky obscenity statute which makes sale prima facie evidence of knowledge, does not allow the defense of good faith belief that books did not violate the law, and as applied excluded evidence of Def's lack of knowledge.

Stanley Fleishman, Sam Rosenwein, Esqs, both of 1680 N Vine, Hollywood; Charles A Williams.

ACLU amicus by Edgar Zingman, Esq, Louisville, Ky; Joseph Freeland, Esq, Paducah, Ky.

52.87. Minnesota v Brodigan (Hennepin Co Ct) Jan 21, 1966: Police warrant seized a painting from Def's art gallery, then arrested Def: exhibiting obscene painting. Trial ct granted Def's motion before trial to suppress painting as evidence, ordered painting returned. Trial held without painting; not guilty.

Johnathan Lebedoff, Esq, Midland Bank Bldg, Minneapolis.

52.88. US v "491" (SD NY) Apr, 1965: US customs officers seized Swedish film "491" as obscene. Nov 17: DC held film obscene: "characterized by patent offensiveness," "substantially beyond the customary limits of candor," and "utterly without redeeming social importance." Pending.

Ephraim London, Esq, 1 East 44th St, NYC.

52.89. US v Sidelko (DC Pa) Def received by mail an "obscene" film for personal use; arrested: 1958 amdt to fedl obscenity statute allowing prosecution of one who deposited obscene matter in mails not only at place of deposit but also at any place into which matter moves. DC ruled: interpreting amdt to make it crime for any member of general public to order and receive nonmailable matter would open new and vast areas for fedl prosecutions; fedl cts should be careful of expanding limits of statutory crimes without clear Congressional intent.
52.90. Virginia v Kuch (Arlington Co Cir Ct) 1965: Def charged with possession of obscene materials. Issues: (1) First Amdt violation; (2) unlawful search and seizure by fedl and state officers. Pending.

Brice Clagett, NCA-ACLU, 1101 Vermont Ave NW, Washington, DC.

- 65 -

52.91. Gent v Arkansas (USSC) (393 SW2d 219) Defs, Co distributor and newsstand operator, arrested under Ark obscenity statute; convicted, enjoined from future sale or procurement of Swank, Gent, Modern Man, Bachelor, Cavalcade, Gentleman, and Ace; all present copies confiscated and destroyed. May 24, 1965: Ark Sup Ct affirmed. May 17, 1966: USSC noted prob juris on constitutionality of act, whether injunction amounts to prior restraint, void for vagueness.
52.92. Redrup v New York (USSC, #72) Newsstand employee convicted: selling obscene books under NY statute. Apr 16, 1965: cert filed. Apr 26, 1966: USSC granted cert; issue: whether conviction can be sustained consistent with 14th Amdt due process without positive showing in record that Def knew contents of material or believed it violated law.

Osmond K Fraenkel, Esq, 120 Broadway, NYC; Stanley Fleishman, Esq, and Sam Rosenwein, Esq, both of 1680 N Vine, Hollywood.

53. Against Defamation (see also 61)

53.8. Ashton v Kentucky (USSC) (382 US 971) Facts: X DOCKET 8, 92, 136. Jan 17, 1966: Cert granted.
53.10. In re Roberts (Farmington, Mich) Def, member of American Nazi Party, accused of libeling Negro race by distributing "hate leaflets." July 26, 1965: Def acquitted.

ACLU of Michigan, 401 Washington Bldg, Detroit, 48226.

54. Against Sedition, Criminal Anarchy (see also 241-44)
List: State statutes re sedition, treason, subversive activities, and Communist control acts. CIVIL RIGHTS HANDBOOK, p 147o.
54.7c. Wells v Reynolds (USSC, #258) Facts: X DOCKET 9, 92, 136; XI DOCKET 5. Cite: 382 US 971.
54.9. Ex rel Epton v Nenna (NY Sup Ct, App Div, #2182/1965) Facts: X DOCKET 9, 92, 136. Dec 20, 1965: Def convicted: conspiracy to advocate criminal anarchy, criminal anarchy, conspiracy to riot. Jan 27, 1966: Def sentenced: 1 yr on each charge, running concurrently. Def filed notice of appeal; sought certificate of reasonable doubt, denied. Jan 28: Def filed petition for writ of habeas corpus. Jan 31: h'g; Def claims substantial questions of law involved in conviction and reasonable doubt whether conviction would stand on review so denial of certificate of reasonable doubt was abuse of judicial discretion. Mar 15: Def released on $25,000 bail pending appeal.

Before trial—Lynn Spitz and Condon, Esqs, 401 Broadway, New York.

Trial—Eleanor Jackson Piel, Esq, 36 West 44th St, NYC 10036.

And see Anderson, 24.49; McAdoo, 333.20a.

54.12. US v Bowe, Collier, Sayyed (CA 2) Facts: X DOCKET 136. CA affirmed convictions, rejected Defs' argument that prejudicial news articles prevented fair trial; held "time and careful questioning of prospective jurors" could assure fair trial; while news reports were prejudicial because they contained derogatory facts that could not properly have been admitted into evidence, they were not so "outrageously inflammatory" as to warrant reversal; said it made no difference that such facts were given to press by FBI and US Atty's office.
54.13. New York v Weinstein (App Term, 1st Dept, #1641/65) 1965: Def gave speech on public sidewalk; arrested: failing to display American flag during speech contrary to ordinance; convicted. 1966: App Term reversed and complaint dismissed: reasonable doubt.

Henry di Suvero, Esq, NYCLU, 156 5th Ave, and Jeremiah Gutman, Esq, 363 7th Ave, both NYC.

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.

Articles: Robert Treuhaft, Should the lawyer be at the scene. 25 Guild Practitioner 18-21.

James D Montgomery, Defense lawyers meet civil rights clients. 25 Guild Practitioner 22-24.


55.Ala.2a. Ex parte Banks (Ala Ct of App, 7th Div, #803) (178 So2d 98, 10 RRLR 1491) Facts: X DOCKET 93 at 55.18a. Mar 9, 1965: Ct held writ of error coram nobis not available to sit-in Defs as state remedy: case not concerned with "imminent self-executing constitutional right" but rather right created by Act of Congress; state law limited writ to reasons of "surprise, accident, mistake or fraud"; full and adequate remedy exists under fedl law.

And see Alabama v Gray, 63.2, and cases at 451.

55.Ala.10. Jefferson Co Bd of Educ v SCLC (Birmingham) (ND Ala) Jan 14, 1966: 300 demonstrators, mostly students, blocked traffic in downtown Birmingham as part of voter registration campaign. DC granted Pl's motion to enjoin Def from recruiting and leading students in demonstrations during school hours. Jan 18: Def appealed: allege fedl cts lack jurisdiction. Pending.
55.Calif.10. California v Rubin, Gullahorn, Weissman (San Francisco) (Muni Ct) Facts: XI DOCKET 6. Defs pleaded no contest to charge of refusal to disperse. Dec 13: 30 days and 18 mths probation.

Beverly Axelrod, Esq, 345 Franklin St, San Francisco.

55.Calif.13. California v Gould (Glendale) (App Dept, LA Super Ct, #CR6731) Facts: XI DOCKET 6. May 5, 1966: Super Ct reversed picketing convictions.
55.Calif.14. California v Amey, Sanders, Smith (Berkeley-Albany Muni Ct) Apr 12, 1966: Defs part of crowd of 4,000 demonstrating against war in Vietnam; fighting occurred when police entered building from which demonstrators were speaking with amplifying equipment without permit. 2 Defs arrested: interfering with police, Def Amey: battery on a police officer. Demonstrators moved to City Hall, another scuffle with police trying to clear street; 7 arrested: disturbing the peace, resisting officer. Pending.

And see Albert, 51.Calif.11.

55.Calif.15. California v Zion, Miller, Kauffman (Oakland Muni Ct) Feb 7, 1966: Defs, members of Vietnam Day Committee, sat-in at office of Congressman protesting his refusal to debate his opponent in forthcoming Congressional election; arrested: trespassing, disturbing the peace, failure to disperse. April: convicted by jury. Apr 20: $50 each and 18 mths jail sentences (suspended).

Art Wells, Esq, 2890 Telegraph Ave, Berkeley.

- 66 -

55.Calif.16. California v Havens (Bakersfield Muni Ct, #23719) Oct 17, 1965: Def present with strikers near Delano. Standing on public highway, Def read Jack London's "Definition of a Strike Breaker" to non-striking farm workers in adjacent field; arrested: disturbing the peace (Pen C §415). Nov 23: Muni Ct acquitted Def: "There was no shouting, no vulgar or obscene language and no tumultuous or offensive conduct, and hence no violation of section 415."

Milton M Younger, Esq, Sill Bldg, Bakersfield.

55.Calif.17. California v Bennett, Leggett, Abbott, Boyden (Oakland Muni Ct) Dec 17, 1965: Defs, picketing to keep longshoremen from loading grapes from vineyard involved in grapeworkers' strike, arrested: contempt of court order temporarily restraining interference with loading of grapes; $110 bail each. Pending.

And see 55.Calif.16, DiGiorgio Corp, 62.5.

55.DC.7. In re Demonstrators (CA DC) Apr 14, 1966: Demonstrators attempted protest rally in front of S Vietnamese Embassy. Police denied permission: ordinance requiring that demonstration be 500 ft from embassy means 500 ft from any embassy and 500 ft from S Vietnamese Embassy put demonstration closer than 500 ft to Luxembourg Embassy. In declaratory judgment action, CA held ordinance to be interpreted as meaning 500 ft only from embassy demonstrated against so as not to frustrate right to political protest.
55.Fla.2. Florida v Robinson, Dawson, Johnson (St Augustine) (MD Fla) Facts: X DOCKET 13, 25, 94, 101, at 55.89. Dec 1, 1965: DC dismissed charges against most demonstrators: USSC decision declared 1964 Civil Rights Act abated state prosecution of sit-in cases even when arrests made before passage of Act; subsequent decisions extend that ruling to include civil rights cases not necessarily confined to sit-ins. The few cases not dismissed were removed to DC for trial.
55.Ga.35. Rabinowitz v US; Jackson v US (CA 5, ##21256, 21345) Facts: X DOCKET 11, 93, 137; XI DOCKET 7. Dec 1965: During en banc re argument with state cases, Appellee, US Dept of Justice, confessed error in Gov't's case because Negroes excluded from fedl trial jury panel; sought retrial alleging grand jury properly selected. For issues in reargument, see What's New 3/66.

And see Anderson, 55.67, 63.5; Singer, 392.2; Smith, 30.17.

55.La.9. Louisiana v Davis, Whyte, Williams (Tallulah) Oct 26, 1965: March on Bd of Educ to protest segregation at Co fair. Defs, CORE worker and 2 local leaders, arrested: "inciting to riot." Defs out on bail pending trial.
55.Md.1. Maryland v Lynch (Baltimore Muni Ct) May 15, 1966: Defs, 16 CORE members, picketed high-rise apartment house; arrested: contempt of court order limiting CORE and KKK to 10 pickets each on designated sidewalk spaces in front of building. H'g: $25 fine each, suspended.

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

55.Mass.1. Boston v Benson, Reed (S Boston Dist Ct) Mar 25, 1966: Defs, members of CNVA, held sit-down at Boston Army Base; twice dragged off fed'l property before being arrested by city police: "sauntering and loitering . . . in such a manner as to obstruct passage and endanger safety of passers-by, as likely to cause a breach of the peace." Apr 1: after trial, Defs convicted; $20 or 20 days. Defs refused to pay.
55.Mass.2. Massachusetts v Belton, Lavelle, Somers (Hampden Co Super Ct) 1965: Defs in civil rights demonstration; arrested: disturbing the peace. Defs challenge legality of arrests; abridgment of free speech, assembly. Pending.

David Burres, George M Nassar, Esqs, 20 Maple St, Springfield, Mass.

55.Miss.14. Mississippi v Raymond (Morton) (Police Ct) Je 16, 1965: Def, CORE task force worker, took 30 high school students to integrate restaurant; arrested. Warrant issued for CORE photographer who took pictures of the arrest.
55.NH.1. New Hampshire v Harvey (Concord) (NH Sup Ct) Dec 1964: Def distributed periodical, "Greenleaf"; arrested under ordinance making distribution of handbills illegal. Def claimed ordinance unconstitutional; prosecutor agreed as applied to his case, nol prossed. Def appealed to have statute declared invalid; Super Ct dismissed. NH Sup Ct dismissed appeal. 1965: Def arrested in Nashua for distributing same publication; convicted. Oct 14: Manchester Super Ct reversed: ordinance unconstitutional.
55.NH.2. New Hampshire v Benson, Harvey (Durham Muni Ct) Apr 21, 1966: Defs, pacifist marchers, arrested for carrying signs without parade permit. Defs refused to post bail of $50 each. May 2: Defs released. Sentences remitted in all cases except Harvey, who is free on recognizance pending appeal.
55.NH.3. New Hampshire v Benson, Lyttle (Durham) May 10, 1966: Defs, peace marchers, granted parade permit which stipulated that the 5 marchers arrested April 21 (see 55.NH.2) could not march, nor could any person convicted of any crime other than traffic violation. Defs, previously convicted, marched anyway; arrested: "violating parade permit." Defs released on personal recognizance pending trial. Charges later dropped for lack of evidence.
55.NY.11. New York v Rosenberg (Kings Co Crim Ct) 1965: Defs, 3 pampheteers, tended table, distributed pacifist handbills on public sidewalk; arrested: "constructing a vault" on sidewalk in violation of Administrative Code. Pending.

Ellis B Levine, Esq, ACLU, 156 Fifth Ave, NYC.

55.NY.12. New York v Dorsey (NY Co Crim Ct) 1966: Def, member of Socialist Labor Party, distributed handbills on 42nd Street; arrested: violation of anti-littering ordinance which specifically exempts political literature. Pending.

David Dretzin, Esq, ACLU, 156 Fifth Ave, NYC.

- 67 -

55.NY.13. New York v Demonstrators (NY Ct of App) Summer 1964: Police forbade demonstrations in Times Square area. Defs, anti-Vietnam War protestors, marched to UN instead. Many arrested. 5 Defs convicted: disorderly conduct. Feb 4, 1966: Ct of App reversed convictions: Defs engaged in "Constitutionally protected activity."

Gene Ann Condon, Esq, 233 Broadway, NYC.

55.Wis.1. Wisconsin v Givens (Wis Sup Ct) Facts: X DOCKET 12, 93, XI DOCKET 8. Cite: 135 NW2d 780.
55.Wis.2. Wisconsin v Groppi, Miles (Milwaukee) (Cir Ct) Dec 5, 1965: Defs participated in demonstration at school construction site, claiming building school in Negro area would extend de facto segregation. Demonstrators linked arms, refusing to allow construction workers access to site; 11 arrested. Dec 8: demonstration repeated; 4 arrested. Pending.
56. Against and Concerning Minors (incl Contributing to Delinquency) (see also 24, 430, 560)
Bibliography: Dorothy C Tompkins, Juvenile gangs and street groups. Inst of Governmental Studies, Univ of California, Berkeley, $1.75.
56.15. Ohio v McLaughlin (Cuyahoga Co Ct of App, #26886) Facts: X DOCKET 95. Dec 9, 1965: CA reversed conviction: under "clear and present danger" test, Def's advice to her daughter re birth control did not create an "evil that the state may prevent by the abridgment of constitutionally guaranteed rights" of free speech.

Jack G Day, Esq, 1748 Standard Bldg, Cleveland.

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

56.20. Mississippi v Guyot (Miss Sup Ct) Facts: XI DOCKET 9. Cite: 175 So2d 184.
56.22. In re 13 Minors (San Francisco) (Youth Guidance Center) Apr 22, 1966: Defs attended dance; arrested: violation of Muni Police Code §558—children under 18 must be accompanied by adult chaperones at night dances. Charges dropped, in part because law is unclear.
56.23. South Carolina v Lee and Davidman (St George, SC) Dec, 1965: Defs, CORE workers, led singing picket outside Negro school; arrested: contributing to delinquency of minor. Pending.
57. Against Vagrancy

57.14. Hicks v District of Columbia (USSC) Facts: X DOCKET 96, 138. Feb 28, 1966: USSC, per curiam, dismissed writ of cert as improvidently granted. Harlan, J. conc. Douglas, J, diss: (1) inappropriate to decline to exercise discretion and waive Rule 22(2) after asking parties to brief issues; (2) no need for extensive record to decide constitutionality of Dist of Col C §22-3302(3)—vagrancy; (3) "I do not see how economic or social status can be made a crime any more than being a drug addict can be. Robinson v California, 411.16, 370 US 660, 668 (conc opinion). No overt act of criminal dimensions is charged here."
57.19. Georgia v 40 Prostitutes (Atlanta) (Fulton Co Super Ct) Aug 1965: Defs arrested under city ordinance making it a crime for a "woman of notorious character" to walk or ride upon "streets of this city." DA told police ordinance was "vague, indefinite and constitutionally void on the face of it." One Def convicted under ordinance. Dec 8: Super Ct reversed, not on constitutional grounds.
57.20. Minneapolis v Hadley (Minneapolis Muni Ct, 1st Div) Def charged with violating Minneapolis Ord §870.010: "No person shall loiter on the streets or in a public place or in a place open to the public with intent to solicit for immoral purposes." Def attacks ordinance on its face and as applied as violation of due process clauses of 5th and 14th Amdts and Minn Const, Art I, §7 as so vague and undefined as to afford no warning of criminal conduct; prior restraint; discretionary abuses. Pending.

Amicus brief by Minnesota ACLU.

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

58.16. California v Bradley, Gregory (San Francisco) (Super Ct, App Dept) Facts: X DOCKET 15, 96. Jan 14, 1966: Defs offered to drop their appeals in exchange for uniform sentences. Apr 21: App Dept upheld convictions; declined to impose uniform sentences: the law does not allow Ct to modify sentences if it upholds convictions; ordered question of jurisdiction to be submitted to DCA. Sentences stayed pending final judicial determination.

Franklyn Brann, Esq, Flood Bldg; Patrick Hallinan, Esq, 345 Franklin St, both of San Francisco.

And see 4 Defs, 374.26.

58.17. California v Sims (San Francisco) (USSC) Facts: X DOCKET 16, 96. Def's petition for certiorari argued: (1) Calif law interpreted to deny Def "fair warning" she was committing an offense; (2) Civil Rights Act of 1964 abated conviction. Dec 6, 1965: USSC denied cert.
58.21. Georgia v Rachel; Georgia v Tuttle (USSC) Facts: X DOCKET 16, 25, 96, 138, XI DOCKET 9. Cite: 382 US 808 (1965).
58.36a. California v Comfort (Oakland Muni Ct) Facts: X DOCKET 96. Def, candidate for State Assembly, sentenced to 6 mths. May 7, 1966: Ct denied Def's motion to stay sentence til after June 7 election. Opposing candidates petitioned ct for stay. May: Ct granted stay until after election.

Robert Treuhaft, Esq, 1440 Broadway, Oakland.

58.48. Michigan v Halprin, Harrison (Mason Muni Ct) Oct, 1965: Defs passed out leaflets opposing Vietnam war at Marine Corps exhibit on U of Michigan campus; arrested: trespassing. Convicted: free speech does not guarantee Defs right to infringe on society or its laws. Mar 30, 1966: 30 days each.
58.49. California v Aronson (Berkeley Muni Ct) Mar 25, 1966: Def, ex-prof who had refused to sign Levering loyalty oath, refused U of Calif requests to leave Peace Rights Organizing Comm table on campus; arrested: violation of Mulford Act: misdemeanor for non-student to refuse to leave campus upon request of authorized Univ officer if "liable to interfere with the peaceful conduct of activities on the campus." Pending.

Arthur Wells, Esq, 2890 Telegraph, Berkeley.

- 68 -

58.50. California v Henderson and Manganiello (Redwood City Muni Ct) May 16, 1966: Defs stood in front of truck loaded with empty bomb shells at entrance to napalm plant; arrested: creating public nuisance. Free on $276 bail each. Pending.

And see 58.51, 126.7.

58.51. California v Hutchinson, Calvelage (Alviso Muni Ct) May 25, 1966: Defs, housewives, stood in front of truck carrying napalm, blocking shipment of bombs; arrested: trespassing. Pending.

H Reed Searle, Esq, 1884 The Alameda, San Jose.

And see jury instructions based on Nuremberg judgment in WHAT'S NEW, 7/66, p 4.

And see Citizens, 126.7.

58.52. Adderley v Florida (USSC, #506) (175 So 2nd 249) 250 Negroes marched to Tallahassee jail to protest segregated facilities; 32 arrested: trespass "with a malicious and mischievous intent." Convicted. May 11, 1965: Fla Sup Ct denied cert. June 7: Reh'g denied. Jan 31, 1966: USSC granted cert on issue: did arrest and convictions for trespass abridge Defs' rights of free speech and assembly and deprive them of due process and equal protection?
59. Against Miscellaneous Criminal Activities

59.22. North Carolina v Crowder, Covington, Reap (USSC) Facts: X DOCKET 17, 97, XI DOCKET 9. Clarification: Jan, 1965: NC Sup Ct reversed conviction, directed indictment quashed for racial discrimination in grand jury selection; but held kidnap statute not unconstitutionally vague, Defs not denied speedy trial. 139 SE2d 870. May: Defs reindicted. Oct 11: USSC dismissed appeal, denied cert. 382 US 22. Dec 15: NC Sup Ct affirmed forfeiture of appearance bonds and cash deposit. 145 SE2d 335.
60. Civil Sanctions (and Contempt Charges)
UN DECLARATION OF HUMAN RIGHTS: Art 12
61. Against Defamation, Libel, Slander (see also 53)

61.11. NY Times v Connor, Birmingham, and Bessemer City Commrs (CA 5) Facts: X DOCKET 19. Jury awarded $40,000 to Pls. 1966: Def appealed to CA: (1) is distribution of small number of newspapers with article resulting from newsgathering activities within Ala sufficient to allow state jurisdiction over out-of-state newspaper? (2) did Pl present sufficient evidence to prove article published with actual malice? Pending.
61.18a. Pauling v National Review (NY Sup Ct) Facts: X DOCKET 20. Apr 19, 1966: Sup Ct dismissed suit: extension of NY Times, 61.9, to include private citizen who has made himself public figure by his activities; Pl must establish (1) knowledge by Def that criticism false or (2) reckless disregard for truth.
61.18d. Pauling v St Louis Globe-Democrat (CA 8) Facts: X DOCKET 20. July 15, 1965: Pl appealed to CA. Nov 15: argued.
61.20. Harper v National Review (NYC Sup Ct) Facts: X DOCKET 20, 99. Apr 28, 1966: settled: Def paid $13,750 to Pl's widow.
61.21. Moore v PW Publishing Co (Akron) (USSC) Facts: X DOCKET 99. Jan 17, 1966: USSC denied cert.
61.22. Normile v Am Medical Assn (DC DC, #2806-23) Facts: X DOCKET 20, XI DOCKET 10. Apr, 1966: Pl settled out of ct: $25,000 and public retraction by Def.
61.31. Gilligan v M L King, Farmer, CORE, Gray, Epton, Progressive Labor, Harlem Defense Council (NYC Sup Ct) Facts: XI DOCKET 10. Appeal argues that comment characterizing Pl as "murderer" is privileged under First Amdt; Pl acted in official capacity and created notorious public event. Pending.

Alan Latman, Nanette Dembitz, Esqs, ACLU, 156 Fifth Ave, NYC.

61.33. Rosenblatt v Baer (USSC) (203 A2d 773) Facts: XI DOCKET 10. Feb 21, 1966: USSC reversed and remanded (5 to 1 and 3), Brennan, J: (1) "To the extent the trial judge authorized the jury to award Resp a recovery without regard to evidence that the asserted implication of the column was made specifically of and concerning him, we hold that the instruction was erroneous"; (2) erroneous instruction that "negligent misstatement of fact would defeat Pet's privilege"; (3) question whether Resp was "public official" within NY Times v Sullivan, 61.9, 376 US 254, depends on natl, not state, law; (4) "Where a position in gov't has such apparent importance that the public has an independent interest in the qualifications and performance of the person who holds it, beyond the gen'l public interest in the qualifications and performance of all gov't employees . . . NY Times' malice standards apply"; (5) remanded for proofs under NY Times, not handed down til after trial. Clark, J, conc. Douglas, J, conc. Stewart, J, conc. Black, J, (Douglas, J) conc and diss. Harlan, J, conc and diss. Fortas, J, diss.
61.35. Pape v Time, Inc (Chicago) (ND Ill) Nov 24, 1964: Def-magazine printed article on 1961 report of US Commn on Civil Rights, said Pl-policeman guilty of brutality in arrest of Negro. See Monroe v Pape, 304.6, 365 US 167. Pl sued for $350,000 damages for libel. DC dismissed. Dec 28: CA 7 reversed, remanded: jury must find actual malice. Def appealed to USSC, citing NY Times v Sullivan, 61.9, 376 US 254. Apr 18, 1966: USSC ordered jury trial.
61.36. Dodd v Pearson, Anderson (DC DC) Apr 1966: Pl brought conspiracy and libel suit against Defs, newspaper columnists. DC granted Pl's motion to limit attendance at discovery deposition sessions to witnesses, attys, and litigants. Pending.
61.37. Liberty Supermarket v SCLC (Birmingham Recorder's Ct) Feb 22, 1966: Defs picketed Pl-market, claimed employment of Negroes does not reflect quantity of their patronage. Pl filed $2,000,000 libel suit: claimed Defs falsely accused it of discrimination. Pending.
- 69 -

61.38. Heine v Raus (Baltimore) (DC Md) Def, Estonian emigre and employee of CIA, described Pl, Estonian emigre, as Soviet spy. Nov, 1964: Pl filed $110,000 defamation suit. Def moved for summary dismissal: as Gov't official acting properly within scope of his duties, Def has "absolute immunity" from slander suit. DC demanded CIA "go as far as it can go" in authenticating its claim to immunity for Def by specifying exact nature of its instructions to him. Apr 25, 1966: Def filed series of affidavits to satisfy Ct. Pending.
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.


62.4. In re Kingsport Press (NY Sup Ct) Mar 16, 1966: NYC Bd of Educ voted to oppose purchase of textbooks produced by Pet, whose employees on strike. Pet sought injunction against boycott. Mar 17: Sup Ct granted temporary injunction; directed Bd to show cause why injunction should not be made permanent.
62.5. DiGiorgio Corp v Natl Farm Workers Assn (Visalia Muni Ct) Dec, 1965: Pl sought restraining order against Def striking farm workers' organization picketing ports where Pls' grapes being shipped. Order granted. Picket line continued, police arrested picket captains. Pending.

Victor Van Bourg, Esq, 45 Polk St, San Francisco.

And see Havens, 55.Calif.16; Bennett, 55.Calif.17.

62.6. City of New York v Social Service Employees Union (NY Sup Ct) (52 LC ¶51,437) Dec 31, 1964: Pl sought injunction to enjoin Def union from calling strike of Welfare Dept worker members. Jan 7, 1965: Sup Ct granted injunction; Def continued strike. Jan 31: strike ended following report of Mayor's Task Force. Feb 9: Sup Ct temporarily enjoined enforcement of penalty provisions of Condon-Wadlin Law which prohibits strike by state employees and imposes fines on violating unions and their officers. Dec 15: Sup Ct held Condon-Wadlin Law constitutional, allowed enforcement of penalties: (1) comparable fedl law, 5 USC §118 p [3], upheld by USSC (US v Mine Workers, 330 US 258); (2) NY cts have upheld constitutionality of law in Transit Auth motormen's strike (30 LC ¶70,129) and in school teachers' strike (40 LC ¶50,131); (3) same cases uphold penalty provisions of law; (4) Def's members have right to assemble, speak, think, and believe as they will but have no right to work for Pl on their own terms.
63. By Injunction in Racial Situations (see also 40s, 550s)

63.8a. NAACP v Thompson (Jackson) (CA 5) (321 F2d 199) Facts: X DOCKET 21. Mar 8, 1966: CA permanently enjoined Miss state officials from: (1) failing to register NAACP as domestic corporation, thereby enabling it to do business within state; (2) denying Negro citizens (a) right to protest racial discrimination by peacefully picketing in places covered by 1964 Civil Rights Act, (b) right to protest in front of any govt bldg or walk peacefully on public sidewalks, (c) right to assemble peacefully to speak out against racial discrimination. CA also held that Negroes may not be denied right to equal access to or treatment in any place of public accommodation as defined by Civil Rights Act or in any facility operated or maintained by state.
63.28. Boynton v Clark (Selma) (SD Ala, N Div, #3559-65) (10 RRLR 215, 1472) Facts: X DOCKET 100, 139. Sept 2, 1965: DC found that on Feb 10 Def confronted a group of orderly demonstrators, ordered them to disperse, and on their refusal, required a 4 mile "forced march"; held this action of arresting, harassing and intimidating demonstators was in contempt of Jan order; ordered $1500 fine. DC specified if further racial unrest created, persons causing this condition shall be subject to previous restraining order.
63.31a. US v Original Knights of Ku Klux Klan (Bogalusa) (ED La, New Orleans Div, #15793) (10 RRLR 1449) Facts: XI DOCKET 11. Dec 1, 1965: DC granted injunction specifically restricting interference with right to equal use and enjoyment of public facilities and accommodations, right to register and to vote, and right to equal employment opportunities.

And see 63.31, 55.La.5.

63.36. Griffith v Ryan (Springfield, Mass) (Hampden Co Super Ct, #114011) Facts: XI DOCKET 12. Pls seek injunction against prosecutions for demonstrations against police brutality on grounds that: (1) arrests of Aug 13, 15, 16 and Sept 11, 1965, unfounded and constitute effort to terminate minority dissent in public places; (2) no evidence presented by Def to justify or explain arrests. Pending.
63.46. Chester Branch NAACP v Chester (ED Pa, #38886) 1965: Pl sued to enjoin enforcement of Chester ordinance regulating use of sound amplifying equipment on streets or public places. Pl claimed ordinance unconstitutional: (1) excessive fee—$25/sound truck/day of use; (2) unreasonable restriction on volume—100 ft audible limit; (3) prior restraint—need advance permission to use equipment. Pending.

Henry S Hilles, Jr, Jack B Justice, Esqs, both at Philadelphia National Bank Bldg, Philadelphia.

And see Pa ex rel Hines v Winfree, 408 Pa 128; Chester v Anderson, 51.Pa.1.

64. Against Miscellaneous Activities

64.8. Windmiller v Toothman (Oakland) (Alameda Co Super Ct) 1965: policemen in uniform circulated petitions for initiative petition to permit counties to pass vice-control laws more strict than state's. Dec: Pl-housewife filed suit against police chief to stop practice: such collecting of signatures is "intimidation of free exercise of political process by citizens, as police uniform has always carried with it a degree of coercion." Dec 24: City Atty's office acknowledged it is illegal for uniformed policemen to solicit signatures.
- 70 -

70. Procedural Problems
Practice tips: Osmond K Fraenkel, Procedural pitfalls in civil liberties cases. CIVIL RIGHTS HANDBOOK pp 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.

Note: Removal aspects of cases raising other issues will be reported here, usually using the original DOCKET number.


73.Ala.5. Tuscaloosa v Rogers (CA 5, #21700) Facts: XI DOCKET 13. Cite: 353 F2d 78 (1965).
55.Miss.6. City of Drew v McNair (CA 5, #22288) (10 RRLR 1749) Facts: X DOCKET 13, 25, 101 (at 55.84), and 137. Sept 28, 1965: CA vacated and reversed DC order remanding case to state ct; remanded to DC.
73.Miss.25. Rutledge v Jackson (CA 5) 1963: 52 Negroes arrested: parading without permit, picketing, and trespassing. Defs removed to DC: Defs could not receive impartial trials in state courts. CA: sought to narrow issue to whether case could be determined on affidavit or whether there must be oral h'g. Defs argue: h'g was not requested in DC because DC had rule limiting such h'gs to affidavit; cases supporting such h'gs resulted only from litigation involving diversity of citizenship; imposition of such rule at this stage of litigation would thus be ex post facto. Pending.
73.Va.1. Wallace v Virginia (Prince Edward Co) (USSC, #1011) Def, Negro law student and law firm employee, attempted to visit Negro demonstrators after their arrest; accosted by deputy sheriffs; arrested: disorderly conduct, assault. Def sought removal to DC under 28 USC §1443, claiming discrimination in arrest while upon lawful business and that trial in state ct would be by jury from which Negroes were systematically excluded. DC denied removal petition. Jan 21, 1966: CA 4 affirmed. Feb 11: Petition for cert filed in USSC. Mar 28: motion to advance denied. June 21: USSC granted cert.

James M Nabrit, Esq, Howard Univ, Washington, DC; Charles H Jones, Esq, 109 N Dearborn, Chicago; Melvyn Zarr, Esq, 100 Bradford St, NYC; S W Tucker, Esq, and Henry L Marsh, III, Esq, both of 214 E Clay St, Richmond, Va; Anthony G Amsterdam, Esq, Univ of Pa Law School, 3400 Chestnut St, Phila, Pa; Jack Greenberg, Charles Stephen Ralston, George E Allen, Sr, Esqs, NAACP Inc Fund.

90. Miscellaneous Freedom of Thought

90.5. District of Columbia v Plummer (Dist of Columbia Ct of Genl Sess) Facts: X DOCKET 140. Correction: Atty's address: M Michael Cramer, Esq, 700-10th St NW, Washington, DC.
FREEDOM OF RELIGION (100-199)
UN DECLARATION OF HUMAN RIGHTS: Art 18
110. Separation of Church and State
Hearings: Subcomm on Constitutional Rights, Comm on Judiciary, US Senate, Judicial review of constitutionality of fed'l grants and loans and separation of church and state, Feb 1-10, 1966.
111. In Education

111.34. Stein v Oshinsky (USSC) (348 F2d 999; cd: 382 US 957) Facts: X DOCKET 101, XI DOCKET 16. Correction: Petition for cert was Pls' not Defs'. Defs, school officials, banned recitation of nursery prayers. Pl-parents sought to enjoin Defs from banning prayers. DC granted summary judgment for Pls. Defs appealed. CA 2 reversed; held ban not violation of freedom of speech or religion. Dec 13, 1965: USSC denied cert.

Edward J Bazarian, Esq, 132 Nassau, NYC.

111.38. Holden v Bd of Educ (Elizabeth) (NJ Sup Ct, A-62) (216 A2d 387, 11 RRLR 185) Feb 14, 1963: Pl, Muslim elementary school student, suspended from school for refusing to pledge allegiance to flag. May 10: School Bd Commr ordered Pl reinstated. Bd of Educ appealed. Admr h'gs and app ct affirmed. Jan 24, 1966: Sup Ct affirmed; held not necessary to decide whether Muslims a religious or political order since statutes (RS 18:14-80) and ct decisions use test of "conscientious scruples" for exemption, rather than religious belief.
112. In Public Places

112.29. Maryland v Schowgurow (Garrett Co Cir Ct) Facts: XI DOCKET 16. (213 A2d 475) May 1966: re-trial.
112.29a. Maryland v Smith (DC Md) Je 18, 1963: Def indicted on charge of obtaining money under false pretenses. May 5, 1964: Def sentenced to 10 yrs imprisonment. Mar 3, 1965: Md Ct of App upheld conviction. Def appealed to DC on ground Schowgurow, 112.29, required reversal of Def's conviction. Dec 14: DC ruled Schowgurow applies to pending cases only, not retroactively.
112.31. Estate of Supple (San Francisco) (Cal Ct of App, 1st Dist, #1 Civil 23453) Testator left $200,000 to Roman Catholic agencies. Heir at law and assignee contested: incompetence; defective execution of will; fraud and undue influence by Church in inducing testation by teaching "ludicrous inventions" about hereafter and means of securing favorable treatment there. Sept 8, 1965: Super Ct sustained Archbishop's demurrer without leave to amend. Contestants appealed: Super Ct denied due process and equal protection in not allowing inquiry into truth of doctrines, good-faith belief in same by Church agents, and whether doctrines taught testator were really those of Church (such inquiries into teachings of less influential sects having been permitted); incompetence and defective execution also triable fact issues. Pending.

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

- 71 -

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

Publications: The Peacemaker. 10208 Sylvan Ave, Cincinnati 45241.

The Reporter for Conscience' Sake mthly. Natl Service Bd for Religious Objectors, Washington Bldg, 15th and New York Ave NW, Washington, DC.

Social Questions Bulletin. Methodist Fed for Social Action, 11 Forest Blvd, Ardsley, NY.

War/Peace Report. 8 East 36th St, NYC 10016.

Direct action for a nonviolent world. New England Committee for Nonviolent Action, RFD 1, Box 197 B, Voluntown, Conn 06384.

Downdraft. End the draft, c/o Mitchell, 150 Crown St, Bklyn, NY 11225.

Article: Harlan Stone, The conscientious objector, 21 Columbia 253 (1919), discussed in

Book: William O Douglas, An Almanac of liberty, p 352 (1954).

Articles: N T D Kanakaratne, US intervention and the UN charter, 24 Guild Practitioner 106-16.

Eberhard P Deutsch, Esq, The legality of the United States position in Vietnam. ABAJ May 1966.

Ann Fagan Ginger, Application for conscientious objector status. 25 Guild Practitioner 25-32.

Pamphlet: Know your rights under selective service. S Calif National Lawyers Guild, 3175 W 6th St, Los Angeles 90005.

Report: Myres S McDougal, Esq, John N Moore, Esq, and James L Underwood, Esq, The lawfulness of US assistance to the Republic of Vietnam. ABA. 250 pp.

Memoranda: American policy vis-a-vis Vietnam, in light of our Constitution, UN Charter, 1954 Geneva Accords, and SEATO Treaty, Lawyers Comm on Am Policy Toward Vietnam, 38 Park Row, NYC.

Leonard C Meeker, Esq, The legality of US participation in the defense of Vietnam, Dept of State Bulletin, Mar 4, 1966.

State Dept, The legality of US participation in the defense of Vietnam, May 1966, Supt of Documents, GPO, Washington, DC 20402. S 1.38:147. 16 pp. 15c.

121. Through Application for CO Status—Before Induction
Memo: Ken Cloke, Negro draftee in the south and white draft boards. Key List Mailing, Mar 6, 1966. 1316 Masonic Ave, San Francisco, 50c.

Comment: David F Berger, Federal habeas corpus jurisdiction—The undeveloped areas. 41 U of Wash 327.

Memorandum: An attack on constitutionality of sec 1624.1 (b) local draft board hearings. ACLU, 156 Fifth Ave, NYC 10010.


121.30. US v Stolberg (CA 7) Facts: X DOCKET 26, 102, XI DOCKET 17. Cite: 346 F2d 363 (1965).
121.41. US v Lang (NY) Facts: XI DOCKET 17. Aug, 1965: ct psychiatrist recommended Selective Service re-examine Def. Def reclassified IV-F; case dropped.
121.42. In re Paul Smith (Selective Service) Smith claims to be CO tho he belongs to no specific religious creed which requires him to refrain from use of force. Pending before h'g officer.

Marshall Krause, Frank Brann, Esqs, ACLUNC, 901 Lake St, San Francisco.

121.43. R Miller v Selective Service System, Local 323 (Detroit) (ED Mich, #27886) Pl, registrant, requested of Def permission: (1) to have counsel present at, and (2) to make stenographic record of investigatory h'g. US Atty recommended Def grant first request; granted. Jan 14, 1966: DC dismissed Pl's complaint; denied Pl right to make stenographic record of h'g.

David Y Klein, Esq, 1256 Penobscot Bldg, and Richard M Goodman, Esq, 3220 Cadillac Tower, both of Detroit.

And see Otsuka v Hite, 502.Cal.3.

122. Through Application for CO Status—After Induction (see also 125)

122.35. US v Goddard (St Louis) Facts: X DOCKET 102. Mar 23, 1966: Def released from prison on parole.
122.53. In re Kanewske (Treasure Island) (ND Calif) Je 18, 1965: Pet enlisted in Navy. Feb, 1966: Pet declared himself CO; went AWOL. Mar 28: Pet turned himself in; confined. May: Pet put in solitary confinement. DC ruled Pet does not have right to full-scale h'g to determine if he is bona fide conscientious objector. Pending.

Lloyd McMurray, Esq, 228 McAllister, San Francisco.

123. Through Refusal of Registration/Civilian Service

123.38. US v Mitchell (CA 2) Facts: XI DOCKET 17. Jan 9, 1966: CA reprimanded Def and others for picketing ct during oral argument. Jan 13: CA reversed conviction, ordered retrial: Def denied right to counsel of choice. Def made pre-trial motions for foreign depositions from: (1) members of health and educational facilities in North Vietnam, (2) reporters or photographers from American, French, and English news, agencies assigned to Vietnam, (3) French lawyer who traveled to North Vietnam and saw effects of American bombing, (4) Australian journalist who traveled through NLF-controlled areas, (5) Philippe Devillers, French scholar. Def made motion for order directing Secy of Defense McNamara to produce orders, reports, expenditures dealing with military efforts in Vietnam. Feb 21: DC denied pre-trial motions: "immaterial." Mar 15: At trial US presented one witness, draft bd clerk to establish Def refused to report for induction. Def moved to dismiss: draft is part of criminal policy in conflict with international law and moral responsibility, Def's refusal to be drafted constituted refusal to participate in criminal activity for which he cannot be punished. DC denied motion. Def's witnesses, Prof Staughton Lynd and Ralph Schoenman, sec'y to Bertrand Russell, who had been to North Vietnam, took stand, identified, Pl objected; DC ordered jury from room, established subject matter of witnesses' testimony, ruled it "irrelevant." Def attempted to subjoena: (1) Donald Duncan, who quit US Special Forces in Vietnam, (2) Vietnam reporters, (3) Genl Hershey, Director of Selective Service, (4) Sgts McClure and Smith, captured and released by NLF, being held incommunicado on Okinawa by US Army. DC ruled all "irrelevant." DC allowed statements into record by Vietnamese, whom Def claimed North Vietnam govt had agreed to allow to come to testify, for appeal purposes, ruled them "irrelevant" for jury. DC did not allow Def to testify. Def atty, in summing up for jury, discussed the "irrelevant" issues and testimony. DC charged jury to ignore "irrelevant" issues, decide only whether Def reported for induction. Mar 25: Def convicted. Apr 1: 5 yrs. Appeal pending.

Mark Lane, Esq, 156 Fifth Ave, NYC.

- 72 -

123.39. US v Weatherall (ND Ill, E Div, #65CR534) Facts: XI DOCKET 18. Oct, 1965: DC denied motion to dismiss. May 26, 1966: Def convicted by jury. Sentence pending.
123.42. US v Gustavson (SD NY) Facts: XI DOCKET 18.

John F McAlevey, Esq, 88 Orange Turnpike, Sloatsbury, NY.

123.43. US v Beardall (SD NY) Facts: XI DOCKET 18.

John F McAlevey, Esq, 88 Orange Turnpike, Sloatsbury, NY.

123.44. US v Bassin (ED NY) Facts: XI DOCKET 18. Mar, 1966: After observation period, Def sentenced: 2 yrs less time already served, leaving 15 mo.
123.45. US v Maracle (ND NY) Facts: XI DOCKET 18. Nov, 1966: DC permitted Def to choose Canadian citizenship and prosecution dropped.
123.46. US v Kurki (WD Wis) Aug 1965: Def refused induction. Dec: Def arrested, asked for delay to apply for CO status in light of Seeger, 121.32. Feb 1966: Motion to dismiss indictment to allow Def to be reprocessed as CO pending.
123.47. US v Lawrence (San Francisco) (ND Calif) Def refused to be inducted: personal moral convictions. Dec 1, 1965: convicted; 3 yrs.
123.48. US v Griffin Jr (ED NY) Def, Black Muslim and CO, refused induction into Army. Jan 20, 1966: 5 yrs.
123.49. US v Dowouis (ED La) Def, pacifist, refused induction or alternate service under govt jurisdiction. Jan 12, 1966: 2 yrs.
123.50. US v Moore (DC Va) Oct 21, 1965: Def guilty of non-cooperation; 2 yrs.
123.51. US v Grant (DC Mass) Nov 16, 1965: Def guilty of non-cooperation; 1 yr.
123.52. US v Jalbert (DC Mass) Nov 30, 1965: Def guilty of non-cooperation; 2 yrs.
123.53. US v Walsh (DC RI) Def refused to go to preinduction physical exam, refused induction. Nov 6, 1965: Def guilty of non-cooperation; 18 mo.
123.54. US v Biesiada (NYC) (SD NY) Def refused induction. Dec 30, 1965: Def guilty; 2 yrs probation.
123.55. Katz v Johnson (SD NY) Dec 1965: Pet, registrant, sought temporary restraining order against Press Johnson, McNamara, and Gen Hershey to prevent his being drafted, claiming compulsory induction violates 9th Amdt rights. Pending.
123.56. US v Rodd (Pittsburgh) (WD Pa) Apr 1964: Def refused to register for draft or as CO; arrested, tried, convicted: choice between 5 yrs in prison and 2 yrs doing constructive work for social agency with condition Def not participate in public demonstrations. Def chose second alternative. Dec 29, 1965: Def participated in demonstration protesting Vietnam War. (See Rodd, 124.36). Jan 7, 1966: Def sentenced: 4 yrs for violating conditions of probation.

Statement to judge, "I stand for Them," by Tom Rodd. Comm for Non Violent Action, 5 Beekman St, Rm 1033, NYC 10038.

123.57. US v Butler (DC Ohio) Def refused to submit to induction: draft as applied to him is unconstitutional: when ordered to report for induction, conscription was unnecessary since quotas necessary to be filled at that time could have been filled with volunteers. Def moved for production of documents now in possession of Dept of Defense containing study by Govt which followed challenges to necessity of conscription in Congress. References to study submitted to Ct; study not released. Pending.
123.58. US v Alvelo (DC Puerto Rico) Def refused to submit to induction: conscription cannot be applied to people in Puerto Rico since they do not vote for US President nor have a voting representative in Congress. Pending.

Leonard B Boudin, Esq, 30 E 42nd St, NYC.

123.59. US v Arocho (DC Puerto Rico, #15-66) Def, resident of Puerto Rico, refused to be inducted into Army unless permitted to state his paramount allegiance to Puerto Rico instead of US. Trial pending.

Marvin M Karpatkin, Esq, 660 Madison Ave; Melvin L Wulf, Esq, ACLU, 156 Fifth Ave, all of NYC; Juan Mari Bras, Lorenzo Pineiro Rivera, Esqs, both of Puerto Rico.

123.60. US v Kronenthal (DC Calif) Def refused to submit to induction: he is entitled to CO status under decision in Seeger, 121.32; procedural unfairness: registrant is not permitted to be represented by atty. Pending.

And see R Miller, 121.43.

- 73 -

124. Through Civil Disobedience (see also 51, 53, 54, 55, 56, 57, 58, 59)
Article: Harrop Freeman, Civil disobedience, law and democracy, 3 Law in Trans Q 13, Winter, 1966. 323 W 5th St, Los Angeles.
124.30. US v Miller (CA 2) Facts: XI DOCKET 18. Feb 10, 1966: Def convicted of burning his draft card. Mar 15: 3 yr suspended sentence, 2 yr probation; Def required to get new draft card, carry it, obey all orders of draft bd, serve if inducted. Def declared conditions unacceptable to him.
124.31. US v Steven Smith (DC Iowa) Facts: XI DOCKET 18. Feb 18, 1966: Def convicted; 3 yrs probation on condition he obtain and carry new draft card.
124.32. US v Witkowski (SD Iowa) Oct 22, 1965: Def holding charred remains of draft card admitted deliberate destruction to protest severe penalties for the act; arrested; pleaded not guilty. Apr 1, 1966: Def changed plea to guilty. Sentence pending.
124.33. US v Wilson (SD NY) Nov 6, 1965: Def, pacifist Catholic Worker, burned draft card; arrested. Mar 4, 1966: Def pleaded guilty, 2 yrs suspended sentence, probation conditioned on his obedience to all laws.
124.34. US v Cornell, Edelman, Lisker (NYC) (SD NY) Nov 6, 1965: Defs burned draft cards in public protest of Vietnam War. Dec 21: Grand jury indicted Defs under new law making draft card destruction a felony. Trial pending.

Aryels Neier, Esq, ACLU, 156 Fifth Ave, NYC.

124.35. In re Tax Protestors (Internal Revenue Service) 1966: 350 Respondents ran ad in Washington Post saying they will refuse to pay fedl income taxes voluntarily in protest against Vietnam war. April 18: IRS announced it will attach salaries or bank accounts or file liens against other assets taxpayers own if taxes are owed.
124.36. Pennsylvania v Rodd (Morton Cir Ct) Dec 29, 1965: 18 Defs participated in peace demonstration outside helicopter plant; arrested: loitering in loud and boisterous manner, littering. Jan, 1966: Defs found guilty: loitering, $300 or 30 days; littering, $50 or 30 days. Appeals pending.

And see US v Rodd, 123.56.

124.37. Michigan v Bloom (Ann Arbor) (Mich Dist Ct of App) Oct 15, 1965: Protest at local draft bd; 29 arrested: trespass. Muni Ct convicted Defs, $70 each and 15 to 20 days. Retried to jury in Cir Ct, raising Nuremberg defense; convicted. Appeal pending in Dist Ct of App. 15 Defs with 2-S classification subsequently reclassified 1-A for participating in sit-in. Jan 11, 1966: Justice Dept official criticized Selective Service Director Hershey for using draft laws to stifle free speech. Appeals from reclassification pending.

Ernest Goodman, Esq, 3220 Cadillac Tower, and David Klein, Esq, Cadillac Tower, both of Detroit.

ACLU as amicus

124.38. New York v 6 Demonstrators (NYC Sup Ct) Sept 22, 1965: Defs, members of NY Workshop for Nonviolence, staged sit-in in front of Army Induction Center to protest draft and US involvement in Vietnam; arrested: disorderly conduct. Pending.
124.39. Hawaii v Lombardi, Kent. Mar, 1966: Defs led demonstration at which cardboard caricature of US flag displayed with dollar signs replacing the stars and daggers the stripes. May 26: convicted: Lombardi given $25 and $50 and 30 days suspended.
125. Through Military Disobedience (see also 122, 356)
Hearings: Subcomm on Constitutional Rights, Sen Comm on Judiciary, to prepare 18 bills on rights of the military, Jan 18-20, 25-27, 1966.
125.9. In re Curran (US Navy Court Martial, Treasure Island) Feb, 1964: Def enlisted in Navy. Aug, 1965: Def AWOL; captured; convicted; jailed. Jan 4, 1966: Def released from brig. Jan 10: AWOL again. Feb 1: Def returned to Naval base carrying "Thou Shalt Not Kill" sign and Bible; arrested. Mar 18: Def pleaded guilty. 18 mths at hard labor.
125.10. US v Taylor, CM 413709 (Fort Ord) (Judge Advocate Gen of Army, Bd of Review No 1, #413709) Def volunteered for Army service as non-combatant; found such service contrary to religious training; asked for discharge under AR 635-20. Def's 4 immediate superiors approved; Sixth Army disapproved; Sec'y of Army disapproved. Def refused to carry out orders. Dec 23, 1965: Genl Ct refused to hear evidence of Def's conscientious objection, found Def guilty of disobedience, 3 yrs hard labor. Review pending before Post Commander.

Francis Heisler, Esq, PO Drawer 3996, Carmel, Calif.

125.11. In re James Gilbert (US Navy Ct Martial, Treasure Island) Def, inductee, applied for discharge as CO. Dec 10, 1965: Def refused to remove peace insignia from jacket, refused to remove jacket when ordered to do so; arrested. Dec 20: during Def's ct martial, an open h'g, 18 pacifists tried to attend; arrested: trespassing; charges temporarily dropped. Def found guilty 30 days, $60 pay decrease, reduction in rating. Jan 5, 1966: Def's appeal for CO discharge rejected. Jan 6: Def refused to attend classes designed to rehabilitate military prisoners; ct martialed. Jan 21: Def sentenced: 6 mths hard labor, bad conduct discharge, forfeiture of $80 a mth of salary.

Lt A David Parnie, US Naval Installation, Treasure Island, San Francisco.

125.12. US v Howe (El Paso) (Bd of Review No 2) Nov 6, 1965: Def, Navy Lt, carried sign in anti-war demonstration. Dec 22: Ct martial found Def guilty of contempt toward President (Art 88), conduct unbecoming an officer (Art 133); sentence: 2 yrs hard labor, dishonorable discharge, forfeiture of pay. Appeal pending: matter of free speech.

Capt Thomas Bigley, Esq, Ft Bliss, Texas; Eleanor Holmes Norton, Esq, ACLU, 156 Fifth Ave, NYC.

125.13. Bordon v US (US Army) 1966: four military officers sought to leave service when tour of duty finished. Army refused to allow them to leave, extended duty. Pls allege there is no law, national emergency or declared war to justify their being kept in service beyond their obligations, that such continuance constitutes involuntary servitude. Pending.
- 74 -

126. Miscellaneous Cases
Luftig v McNamara (ND Calif; DC DC) Sept 1965: Pl drafted. Jan 19, 1966: Pl filed petition to enjoin Defs from sendign him to Vietnam: Vietnam war illegal because not voted by Congress, against US treaty commitment to UN, Def's action justified by Nuremberg judgment. Army transferred Pl. DC Calif dismissed: Pl not in jurisdiction. Pl filed in DC DC. Apr 5: case argued on merits; DC dismissed: (1) sovereign immunity; (2) cannot interfere with Army. Appeal pending.

Stanley Faulkner, Esq, 9 E 40th St, NYC; Selma' Samols, Esq, 517 11th St NW, Washington, DC; Peter Franck, Esq, 2890 Telegraph Ave, Berkeley.


126.5. In re Smith and McClure (US Army Ct Martial, Okinawa) Nov 27, 1965: Defs, US soldiers, held as war prisoners, released by Natl Liberation Front (NLF), made statement in Cambodia of their desire to get out of Army and participate in anti-war campaigns. Dec: Defs sent to Okinawa, held incommunicado. Dec 21: Defs charged with aiding enemy by furnishing and delivering documents, statements, and writings to NLF. Defs changed their statements; charges dropped. Spring 1966: Defs returned to US; made no public statements.
126.6. California v Tiernan, Petrie (Oakland Muni Ct) Jan 14, 1966: Anti-war leaflets dropped from small plane on Moffat field and downtown Oakland; 4 Defs arrested: conspiracy to commit littering. Feb 14: Charges dropped for 2 Defs, reduced to misdemeanor of littering for others. Trial pending. Bail reduced from $1100 to $500.
126.7. Citizens v United Technology Center (Redwood City) (Super Ct) Apr 20, 1966: Pls submitted to City Clerk a petition asking that existence of Def's napalm plant on publicly owned land be submitted to public referendum. City Atty ruled city charter does not allow such matter to be put to public vote. Clerk refused to verify signatures. May: Pls sought writ of mandamus to compel clerk to verify signatures. May 21: Super Ct refused to issue writ: the initial sublease, subject of the petition, expired May 1 and referendum thereon would be meaningless.

Dennis Woodman, Esq, Brewster-Warren Bldg, Redwood City, Calif.

And see Henderson, 58.50; Hutchinson, 58.51.

126.8. US v 31 Youths and Fathers (Brooklyn) (SD NY) 1966: Air Force Reservist and alleged accomplice arrested: stealing Air Force Reserve credentials, peddling them for $1200 each. Mar 30: Def arrested: draft evasion. Defs Gottfried and Miller, accused ringleaders, allegedly obtained and sold to other Defs Air Force reserve credentials, used to notify draft boards which then reclassify "reservist" from 1-A to deferred status of 1-D. Defs free on bail.
126.9. US v 3 Salesmen and 2 National Guardsmen (Cleveland) (ND Ohio) Mar 30, 1966: Def arrested: violation of Selective Service Act; allegedly participated in draft evasion scheme. Pending.
130. Denial of Tax Exemption to Institutions (see also 202, 266)
140. Sunday Closing Laws

140.34. Applbaum v Welfare Dept (Queens Sup Ct) 1966: Pl, rabbi and asst supt of Long Island City welfare center, brought suit to enjoin Def from holding promotion exams on Saturdays, Jewish sabbath. May 11: Ct dismissed: city is "multi-religious" community; Def doing everything it could to please everyone.
150. Miscellaneous Restrictions
151. In Prisons

151.6. Cooper v Pate (CA 7) Facts: IX DOCKET 10, 87. DC granted injunction giving Pl partial relief in suit for access to Muslim literature and co-religionists. May 1966: cross-appeals pending.

Robert Solomon, Esq, 231 S LaSalle St, Chicago; ACLU.

151.7. Williford v California (Folsom State Penitentiary) (CA 9) Facts: IX DOCKET 10. Oct 28, 1965: CA reversed DC denial of Pl's petition to compel prison authorities to allow practice of Muslim religion: issues must be determined at a trial. Pending.
151.12. Black Muslims v State Correction Commr (Buffalo) (WD NY) 1962: Pls, prisoners, filed complaint alleging they were deprived of right to practice their religion in jail. DC dismissed. CA 2 ordered DC to retain jurisdiction. Apr 12, 1966: DC ordered Def to formulate set of rules within 30 days to govern religious practice of Black Muslims in state prisons: prisoners have constitutional right to practice their religion, while being restricted "in such manner and measure" consistent with law and order.
152. In Other Places
Legislation (NY): Apr 6, 1966: Gov Rockefeller vetoed bill exempting school children from smallpox vaccination requirement if in conflict with their religious training.
152.11. Hollon v Pierce (Shasta Co) (Calif Super Ct, #32424) Pl, school bus driver, fired from job after school trustees became aware of his religious views as published in fundamentalist tract, felt they showed he was unstable, not fit to be bus driver. Pl sued to protect freedom of religion and job in absence of proof he could not competently perform it.

Marshall W Krause, Esq, ACLU, 901 Lake St, San Francisco; Henry Saunders, Esq, 1428 West St, Redding.

FREEDOM OF ASSOCIATION: AFFECTING THE ORGANIZATION (200-239)
200. Organizational Privileges Challenged
201. As to Meetings (see also 11, 63)
202. As to Tax Exemption (see also 130, 266)
And see Girard College, 522.Pa.1a; Rice Univ, 522.Tex.24.
203. As to NLRB Certification (see also 245, 291)

- 75 -

203.4. Re Intl Bhd of Electrical Workers v Universal Mfg Corp (Mendenhall, Miss) (NLRB) 1965: During bargaining rights election, union falsely accused of being under Communist control, inflammatory racial appeals made. Feb 16, 1966: NLRB ruled: in such atmosphere rational, uncoerced selection or rejection of union prevented; union entitled to new bargaining election.

And see cases at 575.

204. As to Continued Existence (see also 63, 213, 223)
And see NAACP, 63.8a; Smith, 580.15.
204.19. Smith v Harrison (Wiggins, Miss) (Co Ct, #3018) Def and Pl's parents involved in auto accident. Pl sued for $1,500,000 damages; SNCC, NAACP, SCLC, CORE, COFO joined as Defs: Def negligent while acting as agent for the organizations. NAACP moved for summary judgment: Def was not NAACP employee and NAACP had no control over his actions. Pending.

Jack Young, Esq, 115 N Farish St, Jackson, Miss; James M Nabrit, III, Esq, Howard University, Washington, DC.

210. Compulsory Registration
211. Under 1950 Internal Security (McCarran) Act
Proposed Legislation: "Criminal Conspiracies Control Act" (HR 12302) introduced by Cong Weltner, member HUAC. Analysis: Prof Vern Countryman, From McCarran to Weltner, Natl Comm to Abolish HUAC, 555 N Western Ave, #2, Los Angeles.
211.1a. US v Communist Party (CA DC, ##19880-19881) Facts: X DOCKET 103, XI DOCKET 19. Nov 1965: Jury found Def guilty on all 23 counts. DC imposed maximum $10,000 fine per count: $230,000. Def's appeal pending in CA, argues: (1) Conviction violates officers' privilege against self incrimination; (2) Def denied trial by making admr decision that appellant is "Communist-action organization" conclusive in criminal proceeding; (3) Def cannot constitutionally be required to declare self a "Communist-action organization"; (4) Def under no enforceable duty to file registration statement; (5) Communist movement described in §2 does not exist, therefore Def could not be "communist-action organization" within meaning of §2; (6) insufficient evidence; (7) erroneous jury instruction on wilfulness; (8) speedy trial denied; (9) sentence violates Eighth Amdt prohibition against excessive fines.

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

211.1b. US v Hall (DC DC, Cr #228-62) Facts: X DOCKET 28. Govt moved for delay of trial of Def Communist Party official for failing to register Party with SACB; DC denied, set trial for May 17, 1966. May 4: Gov't moved to dismiss; DC dismissed.

And see US v Communist Party, 211.1a; Albertson and Proctor v SACB, 211.1d-1m.

211.9. Re Am Comm for Protection of Foreign Born (SACB) Facts: X DOCKET 28, 141; XI DOCKET 20. April 6, 1966: on motion filed jointly by counsel for Justice Dept and Am Comm, SACB dismissed 1953 petition of Atty Genl requiring Pl to register as "Communist front" organization, vacated its registration order.
211.16. Katzenbach v W E B DuBois Clubs of America (SACB, #126-66) June 1964: DuBois Clubs founded. March 4, 1966: Atty Genl petitioned SACB to have Pet ordered to register as "Communist-front organization" under 1950 Subversive Activities Control Act §7 (b)-(d). Apr 27, 1966: Pet moved that petition be dismissed or proceedings halted pending outcome of Pet's injunctive suit, W E B DuBois Clubs, 211.16a.

William M Kunstler, Esq, 511 5th Ave, NYC 10017.

211.16a. W E B DuBois Clubs of America, Rev James Bevel, Frank Emspak, Prof Staughton Lynd, et al v Katzenbach (DC DC, #1078-66) Apr 26, 1966: Pls filed suit for interlocutory injunction, permanent injunction, and declaratory judgment to restrain Atty Genl from ordering it to register (211.16) on ground 1950 Subversive Activities Control Act §7 (b)-(d) is void and illegal as violation of US Constitution, Art I, §9 Clause 3; Art III; 1st, 5th, 8th, 9th, 10th, 13th, 14th, and 15th Amdts. Pending.

David Rein, Esqs, 711 14th St, NW, and Monroe H Freedman, Esq, 1424 16th St, NW, both of Washington, DC. Arthur Kinoy and William M Kunstler, Esqs, 511 5th Ave, NYC 10017; Melvin L Wulf, Esq, ACLU, 156 5th Ave, NYC 10010.

212. Under 1954 Communist Control Act
213. Under State Laws (see also 204, 245)
214. Under Foreign Agents Registration Act

214.1. Re Alexander Defense Comm (US Dept of Justice) Feb 1965: Resp Comm formed in US to raise funds to aid court appeals of S African opponents of apartheid, and assist prisoners. May 20, 1966: Justice Dept wrote Resp ordering it to register under 1938 Foreign Agents Registration Act, 22 USC §611, and disclose its receipts, expenditures, and activities. Resp refused, claims Act not meant to require registration of group organized to defend an individual against persecution by foreign gov't. Pending.
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 241 and 271.
223. By State Authorities (see also 24, 281)

223.3. Elfbrandt v Russell (USSC) (381 P2d 554, 377 US 360; 397 P2d 944) Facts: X DOCKET 29, 103. Apr 18, 1966: USSC reversed (5-4), Douglas, J: (1) proscription of mere knowing membership, without any showing of `specific intent,' runs afoul of Constitution so fedl act unconstitutional in Aptheker, 252.34, 378 US 500; Arizona oath and accompanying statutory gloss likewise unconstitutional: do not exclude association by one who does not subscribe to organization's unlawful ends; (2) "People often label as `communist' ideas which they oppose; and make up our juries" so statutes must be concise. White, J (Clark, Harlan, Stewart, JJ) diss.
- 76 -

FREEDOM OF ASSOCIATION: AFFECTING THE MEMBERS (240-294)
UN DECLARATION OF HUMAN RIGHTS: Art 20
240. Criminal Penalties for Membership
Comment: The Supreme Court's bill of attainder doctrine: A need for clarification, 54 Cal L Rev 212.
241. Under Smith Act: for Conspiracy
Proposed legislation: Criminal Conspiracies Control Act (HR 12302) introduced by Cong Weltner, member HUAC. Analysis: Prof Vern Countryman, From McCarran to Weltner. Natl Comm to Abolish HUAC, 555 N Western Ave, #2, Los Angeles.
242. Under Smith Act: for Membership Only
Proposed legislation: Criminal Conspiracies Control Act (HR 12302) introduced by Cong Weltner, member HUAC Analysis: Prof Vern Countryman, From McCarran to Weltner. Natl Comm to Abolish HUAC, 555 N Western Ave, #2, Los Angeles.
243. Under 18 USC §2384
244. Under Kennedy-Landrum-Griffin Act (see also 203, 291)
245. Under State Laws (see also 54)

245.16b. SCEF v Eastland (USSC) Facts: X DOCKET 30. 1964: DC granted Def's motion for summary judgment. Feb 4, 1966: CA affirmed: (1) Def can't be required to undertake acts capable of performance only by his superior, (2) Def has legislative immunity from damage claim. Pl filed petition for cert to USSC: (1) whether legislative immunity under Art I, §6, totally immunizes US Senator and Senate employee from suit under Civil Rights Act where complaint charges conspiracy with state officials to contrive illegal arrests and seizures in violation of 4th Amdt to deter use of 1st Amdt right; (2) whether doctrine of immunity of gov't officers (Barr v Matteo 61.7, 360 US 564) is applicable to this employee, and if so, whether doctrine should be reconsidered; (3) whether complaint states cause of action for equitable relief under Civil Rights Acts to enjoin conspiracy with state officials from using and disposing of illegally obtained fruits of seizures; (4) whether reinstatement of cause of action for equitable relief required to implement decision in Dombrowski v Pfister, 245.16d, 380 US 479. Pending
245.16d. Dombrowski v Pfister (SD La) Facts: X DOCKET 30, 104, 142. Case note: 13 Kansas 578-81.
246. Under 1950 Internal Security (McCarran) Act
250. Civil Disabilities for Membership: Federal
251. In Federal Employment (see also 30, 268)
252. As to Passport Applications and Right to Travel
UN DECLARATION OF HUMAN RIGHTS: Art 13(1)

Proposed legislation: §3243 to give Congressional approval to State Dept's control of travel and to overturn J Zavatt's decision in Laub, 252.59.


252.58. US v Travis (USSC, #963) (353 F2d 506, 1965) Facts: X DOCKET 32, 104; XI DOCKET 20. Apr 18, 1966: USSC granted cert.
252.59. US v Laub (ED NY, 64-Cr-137) Facts: X DOCKET 32, 105; XI DOCKET 20. Apr 15, 1966: After long trial, DC dismissed indictments against Defs under 8 USC §1185(b), 8 CFR 53.1-53.4, for traveling to Cuba without securing State Dept approval, held statute did not grant power to inflict criminal penalties on citizens with valid passports who visited banned countries.

And see Laub 252.59a.

252.59a. US v Laub (ED NY) Facts: X DOCKET 32, 105. Apr 15, 1966: Without trial, DC dismissed indictments against Defs under 8 USC 1185(b), 22 CFR 53.2, 53.3, for conspiracy to promote trip to Cuba.

And see Laub, 252.59.

252.65. Re H Stuart Hughes (State Dept, Bureau of Security and Consular Affairs) 1965: Applicant Hughes, Harvard prof and co-chairman of SANE, granted passport for sabbatical abroad. Feb 6, 1966: FBI requested Passport Office to have US embassies watch Hughes while abroad because of alleged "strong convictions toward communism." Mar 5: head of Bureau of Security, Abba Schwartz, replaced with person alleged to be more willing to allow surveillance of travellers. Mar 8: Cables sent under name of Frances G Knight, director, Passport Office, asking embassies in Paris and Moscow to report back activities of Hughes. Mar 25: Secy of State Rusk said he was investigating the reporting on US travellers by US embassies; Knight reported to have said requests for such reports by FBI and other agencies had been passed on to embassies as `a matter of routine' for 30 yrs.
252.66. Lynd v Rusk (DC DC) Dec 1965: Pl-Prof travelled to N Vietnam without State Dept approval. Feb 4, 1966: State Dept "tentatively withdrew" Pl's passport. March 15: Pl sued for reinstatement of passport claiming abridgement of free speech and association, unauthorized restraint, assured ct he would not go to banned countries during planned April European trip. DC ordered speedy Dept administrative review. Apr 6: Dept issued 90-day passport in return for pledge not to visit banned countries, ruled Pl could not get regular passport without promising to stay out of forbidden countries.

David Carliner, Edq, 902 Warner Bldg, Washington, DC, for ACLU.

253. As to Army Discharges (see also 122, 341)
254. As to Veterans Disability Payments

254.3. Thompson v McNamara (DC DC) Thompson, Spanish Civil War veteran, decorated as US hero after World War II. 1949: Resp convicted of violating Smith Act (see Dennis, 241). 1953: arrested; convicted for failure to surrender for 3 yr Smith Act sentence. After serving 17 mths of contempt sentence, DC released Def on $25,000 bond, pending outcome in Green and Winston, 411.2. After USSC decision in those cases, DC denied Def's motion for release. USSC denied cert. (IV DOCKET 25, 80 at 411.3). 1954: Veteran's Administration stopped Thompson's disability benefits under 38 USC §3504. Pl sued on ground forfeiture under §3504 requires showing veteran guilty of mutiny, treason, sabotage, etc, and no such charge or proof in Smith Act trial. 1965: DC granted Pl's motion for summary judgment: US not "at war" in Korea in 1950's. (See Thompson v Gleason, 254.2, X DOCKET 32, 105, 143, XI DOCKET 20.) Oct, 1965: Thompson died. Gov't refused widow's request for burial in Arlington Nat'l Cemetery because of conviction under Smith Act. 1966: widow sued for declaratory judgment and injunction to require Gov't to permit burial there. Pending.

Joel Hoffman, ACLU, 1101 Vermont Ave, Washington, DC.

- 77 -

255. As to Social Security Benefits (see also 263, 346, 422)

255.2. Weiss and Pollitzer v Dept HEW (SD NY, #66 Civ 498) Mar 1966: Pls filed suit for injunction and declaratory judgment against enforcement of non-Communist oath required for Medicare benefits on constitutional grounds. Gov't motion to dismiss denied. June 7: argument before 3-judge ct. Pending.

William D Zabel, Esq, 52 Wall St; Melvin L Wulf, Esq, 156 5th Ave, both of NYC, for ACLU.

255.3. Evans v Gardner (DC DC, #463-66) Pl, 85-yr old woman, filed suit challenging loyalty oath and barring of Communists from Medicare benefits. HEW moved to dismiss on ground oath does not have to be answered on application. DC dismissed suit.
256. In Housing Projects (see also 423, 530s)
257. As to Federal License Applications
And see Henry, Smith v FCC, 15.13.
258. Through Deportation Proceedings (see also 358)
UN DECLARATION OF HUMAN RIGHTS: Art 14(1)
258.7. In re Wolf (Imm Serv) Facts: X DOCKET 33. H'g before Special Inquiry Officer; decision on application for suspension of deportation pending.
258.15. Sherman v US (USSC, #1091) Facts: X DOCKET 33, 105, XI DOCKET 21. Jan 17, 1966: DC reversed CA order reversing deportation order: the higher standard of proof adopted in original CA opinion inconsistent with Congressional mandate requiring only substantial evidence to deport. Apr 18: USSC granted cert.

Joseph Forer, Esq, 711 14th St NW, Washington, DC; Sherman Defense Comm, 49 E 21st St, Rm 405, NYC.

258.17. Re David Hyun (Los Angeles) (BIA) Facts: I DOCKET 44, 98 at 540.2; 219 F2d 404, aff'd 350 US 990, 1956) Feb 9, 1966: BIA withdrew Resp's deportation order, citing Gastelum, 258.9, 374 US 469, that Gov't must prove "knowing" Communist Party membership to be basis for deportation.
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, Local Government Employment (see 421)

261.20. Tabor v Montgomery Country (Montgomery Co Cir Ct) Facts: X DOCKET 143. 1966: Cir Ct overruled demurrer. Spring: Trial on Pl's suit for reinstatement as social worker.

Ronald Rosenberg, Richard B Wolf, Esqs, Md-ACLU, 10 E Center St, Baltimore.

261.21. In re Hannon (Los Angeles) (Super Ct) Facts: X DOCKET 143. Police officer filed petition for writ of mandate contesting his suspension. Alternative writ of mandate issued.

Philip Chronis, Esq, 5143 Sunset Blvd, Los Angeles.

261.22. In re Frank Rotella (NYC Civil Service Commn) Nov 23, 1965: NYC Welfare Dept dismissed Resp, king kleagle of KKK, from job as social worker. Commn said Resp's KKK membership constituted his "incompetence," his political activity (member Am Nazi party; officer of Natl Socialist America party) constituted his "misconduct" in violation of NY Welfare Bd Regulations forbidding officerships of political party.
261.23. In re Harold Supriano (San Francisco Social Service Commn) Apr 14, 1966: Resp probationary worker, member of W E B DuBois Club, 211.16, dismissed on ground he falsely claimed family illness as reason for: (1) 1963 leave of absence when he went to Mississippi to do civil rights work, and (2) 1965 resignation prior to trip to North Vietnam. Apr 28: Resp restored to city payroll eligibility list but Commn refused to give back old job.
262. In Teaching (see also 24, 267, 281, 342, 571)

262.13. Johnson v Wayne Township Bd of Educ (Passaic Co Super Ct, #L-26988-64 PW; NJ Commr of Educ) Bd discussed Pl's alleged "Communist" beliefs without opportunity for Pl to defend or present witnesses; Bd abolished Pl's position as science coordinator. Pl sued to re-institute his status as teacher and appealed to Commr. 1966: both pending. Michael Gross, Esq, One Essex St, Hackensack, NJ, amicus for NJ ACLU.
262.14. In re Broadhead, Gravalos (Cal State Dept of Educ) Dept required 2 Berkeley teacher interns (Defs in Savio, 24.37) to show fitness for credentials. Berkeley Bd of Educ adopted resolutions supporting interns, stating, inter alia, that sit-in participation insufficient grounds for denying credential. Jan 18, 1966: Dept Credentials Comm recommended issuance of permanent credentials to both interns.

And see Bozman, Kepner, 262.15; Savio, 24.37.

262.15. In re Bozman, Kepner (Cal State Bd of Educ, ##627, 628) Dept required 2 applicants (one for first credential, one for renewal), Defs in Savio, 24.37, to show fitness for credentials. Both maintained participation in FSM sit-in morally proper, refused to guarantee they would not again engage in like activity if conscience required them to protest. Dept Credentials Comm recommended denial of credentials. Mar 18, 1966: State h'g officer heard evidence on appeals, including statement by Berkeley school supt characterizing renewal applicant as outstanding teacher during prior employment. Apr 25: H'g officer recommended issuance of credentials. May 12: State Bd of Educ adopted h'g officer's recommendation.

Neil F Horton, Esq, 833 First Western Bldg, Oakland.

And see Broadhead, 262.14; Savio, 24.37.

- 78 -

263. As to State Unemployment Insurance Benefits (see also 255, 346, 421, 422)
264. As to State License Applications
265. In Proceedings Against Attorneys and Bar Applicants (see also 345, 373)

265.30. In re Terence Hallinan (Calif Sup Ct) Facts: X DOCKET 21. Jan 1966: After 733 pp of testimony, Bar Subcomm decided Pet "not a person of moral character"; full character Comm decided on more hearings. Apr 4: Pet petitioned Sup Ct for admittance claiming: (1) abuse by delay, (2) sit-in arrests not evidence of bad moral character. Pending.

Benjamin Dreyfus, Esq, 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

269.8. East Meadow Community Concert Assn v East Meadow Bd of Educ (Long Island) (Co Ct) 1965: Def cancelled Pete Seeger concert scheduled at school bldg because of letter about Seeger tour of USSR and fear of demonstrations. Pl, sponsor of concert, obtained show cause order.
269.9. NLRB v Ritchie Mfgr Co (CA 8, #17,978) (1965 LLR, CCH #16791) Def-employer suspected employee of union activity, assigned him to work which could not be done without employee's becoming ill, in order to force his removal. Dec 14, 1965: CA held Def cannot thus force employee's removal.
269.10. Re Arthur B Elliott, Comp, Ind't Carpenters Local 2565, Bhd of Carpenters (NLRB #20-CB-1496 SF) Jan 3, 1966: Comp hired by Co, agreed to join Bhd as condition of employment; refused to take oath of non-Communist membership. Bhd asked Co to fire Comp; Co did. Comp filed complaint against Bhd: violation of Taft-Hartley Act, 29 USC §§158(a) (3) (B), (b) (2). After informal NLRB ruling, Co reinstated Comp, paid $316 lost wages.

Henry C Krivetsky, Esq, 445 Sutter, San Francisco, for N Cal CLU.

And see Proctor, 269.11, and Hurwitz, 30.18.

269.11. Re Roscoe Proctor (Genl Pres, United Bhd of Carpenters & Joiners) Spring 1965: Pet, (Resp in Albertson, Proctor, 211.1d), filled out application for membership in Carpenters Union, later took oath of obligation, each incl non-Communist oaths. Nov 15: USSC reversed in Albertson, held Pet need not register under McCarran Act; Pet held press conference; Bhd Pres saw press report of press conference. Dist Bhd Council took no action on Pet's press statements. Jan 11, 1966: Genl Pres, on instructions of Genl Exec Bd, told Dist Council to obtain additional affidavit that Pet "is not a Communist, never has been one, and does not believe in the philosophy of same." Pet refused. Council preferred charges: making false statements in application and obligation. Apr 6: Trial Comm h'g: only proof by Bhd: 2 clippings from Oakland Tribune re press conferences by Pet; Pet, represented by 2 nonlawyer union members, as required by Bhd Const: (1) obtained stipulation that Pet is "gifted trade unionist and competent mechanic," "father and a responsible [Bhd] member"; (2) introduced employer witness to Pet's competence; (3) introduced, over objection, lawyer as expert witness on constitutional questions re oath and contradictory definitions of "communism"; (4) submitted written statement of reasons for Pet's not testifying about Communist Party membership, trade union amicus brief in R Dennis, 203.3, lawyer's brief on constitutional questions. Comm did not read materials submitted in writing; expelled Pet. May 6: Pet filed appeal with Genl Pres; pending. Pet continues to pay dues to Bhd Local, seek employment from Bhd hall.

Ann Fagan Ginger, Esq, 1715 Francisco St, Berkeley.

And see Elliott, 269.10.

270. Criminal Penalties for Nondisclosure (see also 330)
271. Before Congressional Committees (see also 222, 330)
Proposed legislation: Criminal Conspiracies Control Act (HR 12302) introduced by Cong Weltner, member HUAC. Analysis: Prof Vern Countryman, From McCarran to Weltner, Natl Comm to Abolish HUAC, 555 N Western Ave, #2, Los Angeles.
271.49. US v Nixon, Wilson, Allen (CA DC, ##19501, 2, 3) Facts: X DOCKET 106, XI DOCKET 21. Amicus brief argues that closed HUAC h'g unconstitutional because Sixth Amdt guarantees public trial.

Amicus appearance by Oliver Stone, Esq, 1500 Massachusetts NW, Washington, DC, for Women's International League for Peace and Freedom, Friends Comm on Natl Legislation, Fellowship of Reconciliation, War Resisters League, CNVA.

271.50. Stamler and Hall v Willis, Ashbrook (CA 7, ##15268,9) Facts: X DOCKET 143; XI DOCKET 22. Dec 1965: CA denied gov't motion to dismiss injunction petition of Pls. Jan 13, 1966: HUAC voted to seek contempt citations against Pls. Jan 17: Pls' attorneys asked House to delay action until decision by CA. Pending.
271.51. US v Shelton (DC DC) Oct 1, 1965: HUAC hearings on KKK begun. 7 witnesses, KKK members, failed to furnish records subpoenaed during h'gs, relying on First, Fourth, Fifth, Fourteenth Amdts. Jan 13, 1966: HUAC voted to cite 7 for contempt of Congress. Feb 2: House cited Defs. March 3: Defs indicted separately. March 11: Defs pleaded not guilty; $500 bonds. Pending.

Lester V Chalmers, Jr, Esq, 501 Federal Bldg, Raleigh, NC.

- 79 -

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

272.3a. De Gregory v Atty Genl of New Hampshire (USSC) (209 A2d 712) Facts: X DOCKET 35, 106, 144, XI DOCKET 22. Apr 4, 1966: USSC reversed (6-3), Douglas, J: Pet answered Def's questions in 1963 about Communist activities since 1957, knowing of none, refused to answer pre-1957 questions on First Amdt grounds; held "the staleness of both the basis for the investigation and its subject matter makes indefensible such exposure of one's associational and political past"; "[i]nvestigation is a part of lawmaking and the First Amdt, as well as the Fifth, stands as a barrier to state intrusion of its privacy." Harlan, J (Stewart, White, JJ) diss.
273. Before Legal and Administrative Tribunals (see also 333)
274. For Refusal to Produce Records

274.4. In re Publishers New Press (formerly Daily Worker) (HUAC) Dec 3, 1965: HUAC subpenaed and seized reproductions of checks-drawn and deposited and deposit statements for 1963-65 in bank records of Resp, publisher of Worker.

And see Publishers New Press (Daily Worker) v Moysey, 20.40 at 202., I DOCKET 88.

280. Civil Penalties For Nondisclosure
281. By Teachers (see also 24, 223, 262, 342, 571)

281.16. Macks v Calif Bd of Educ (San Francisco Super Ct) Facts: X DOCKET 35, 107, 144; XI DOCKET 22. May 3, 1966: Arguments; Karesh, J, expressed belief Pl would win relief and Levering Oath unconstitutional due to Elfbrandt, 223.2, 377 US 360. Written arguments requested.
282. By Others (see also 343, 344)

282.13. Krause v Elkins (DC MD) Pl psychiatrist employed to give weekly group therapy sessions at U of Maryland. Pl refused to sign loyalty oath; Atty Genl advised U that Pl could not be paid. Pl brought suit challenging constitutionality of Ober law which requires oath of all state employees. Atty Genl moved to dismiss: Pl not employee, but consultant and doesn't have to sign oath. Pending.

Edward L Genn, Esq, NCA-CLU, 1101 Vermont Ave NW, Washington, DC.

290. Penalties for False Disclosure
291. Under Taft-Hartley Oath (see also 203, 245)
292. On Government Security Questionnaires
293. In Miscellaneous Cases
295. Right of Privacy (and 301, 302, 303, 421)
Article: Sam J Ervin, Jr, Chairman, Subcomm on Constitutional Rights, Sen Judiciary Comm, Why Senate hearings on psychological tests in gov't, American Psychologist, Nov, 1965.

And see Parrish, 413.8; Matter of G, 421.NY.1.

Legislation: Massachusetts enacted bill permitting prescription of contraceptives by doctors and information by public health and welfare agencies. May 1966. (last state to act.)


295.7. New York v Baird (Mineola Sup Ct) Facts: XI DOCKET 22.

Rhoda Karpatkin and Nancy Wechsler, Esqs, ACLU, 156 Fifth Ave, NYC.

295.8. Telephone Answering Service v Beverly Hills (Los Angeles Co Super Ct) 1966: Pls sued city for declaratory judgment that ordinance requiring all telephone answering service employees to be fingerprinted as condition of employment is unconstitutional. Pending.

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

295.9. Spahn v Julian Messner, Inc. (NY Ct of App) Pl sued for damages and injunction against publisher for juvenile biography of him as a public figure without his consent, under NY Civil Rights Law §§50, 51. Sup Ct sustained Pl's complaint of invasion of privacy. App Div affirmed. Def's appeal pending.

Amicus brief for NYCLU by Osmond K Fraenkel, Isidore Silver, Esqs, 156 5th Ave, NYC.

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.

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.

Newsletter: Defender newsletter, National defender project, Natl Legal Aid and Defender Assn, ABA Center, Chicago 60637.

Article: Equal treatment in the enforcement of the criminal law: Bazelon-Katzenbach letters. 56 Jour of Crim Law 498-502.

Pamphlet: Your rights when arrested in Connecticut/Sus derechos cuando es arrestado en Connecticut. Conn Civil Liberties Union, 18 Asylum St, Hartford.

- 80 -

301. By Electronic Eavesdropping

301.23. New York v Berger (NY Sup Ct, App Div, 1st Dept) Facts: X DOCKET 36,107. June, 1966 term: appeal argued.
301.24. New York v Scandifia, Grossman (NY Sup Ct, 2d Jud Dist) Facts: X DOCKET 107.

Leonard Rubin, Esq, 377 Broadway; Abraham Brodskey, Esq, 111 Broadway, 60th NYC; Albert C Aronne, Esq, 186 Jaralemon St, Brooklyn.

301.26. US v Guglielmo (ND Ill) Def indicted for fedl gambling offense. On Def's motion, DC dismissed: evidence unlawfully obtained with "pen register" wiretap device that records telephone numbers called. May 1966: Appeal by US pending in CA 7.

Amicus brief by James Latturner, Esq, for ACLU, 1731 W Albion, Chicago.

302. In Other Federal Criminal Cases

302.27. US v Kahn, Schwartzberg, Pacelli (SD NY) 1963: Pacelli tried for narcotics conspiracy. His atty, Kahn, and her assistant, Schwartzberg, allegedly tried to bribe and coerce Hedges to keep him from testifying as gov't witness in Pacelli's trial while Hedges was in Co jail and was client of Kahn's. A "bug" was planted in cell in which Kahn and Hedges talked. Hedges testified at trial; Pacelli convicted; 15 yrs. Feb 14, 1966: Defs indicted: obstruction of justice for alleged bribery of Hedges. Feb 15: mistrial granted: prejudicial NY Times story re trial. Feb 21: New trial. DC denied Def's motion to exclude tapes which contained offer by Kahn to Hedges of $25,000 if Hedges would not testify. DC ruled (1) Kahn-Hedges conversation not confidential when atty asserts privilege; (2) jail cell not an area constitutionally protected from eavesdropping. March 10: Defs convicted by jury. Awaiting sentence.

Jerome Lewis, Esq, 66 Court St, Brooklyn; Israel Schwartzberg, Esq, 157 Field Place, Bronx.

And see Hoffa, 371.9.

303. In Other State Criminal Cases

303.47. Camara v San Francisco Municipal Ct (5th Dist Ct of App, #1 Civil 22128) Facts: X DOCKET 36. Super Ct held for Def. Pl appealed. Oct 1965: DCA affirmed, held right of citizens of megalopolis to be protected from conditions deleterious to their health and welfare must not be deemed subordinate to individual's right to resist any infringement, however reasonable, upon the ground of absolute privacy of his dwelling. Pl's appeal to Sup Ct pending.

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

303.60. California v Sterling (Calif Sup Ct) Defs arrested: gambling at private club; convicted. Super Ct, App Dept affirmed. Dist Ct of App denied h'g. Petition for habeas corpus alleges illegal search and seizure, exhaustion of remedies, habeas may be used for collateral attack in absence of published opinion by trial ct on ground trial ct accepted illegally obtained evidence. Pending.

ACLU, 323 W 5th St, Los Angeles.

303.61. California v Delaney (Dist Ct of App) While getting into car, Def arrested for selling forged payroll checks; police went to Def's apartment and found additional checks. Dec 30, 1965: DCA reversed conviction, finding search of apartment could not be justified as incidental to arrest, since arrest not made on premises searched.
303.62. California v Huie (San Francisco Super Ct) Def arrested for narcotics possession and carrying concealed weapon in raid on apt by police. Dec 28, 1965: Ct dismissed: arrest warrant for failure to support wife not sufficient ground for police to enter Def's residence at night without express authorization by judge on face of warrant.
303.63. James v Louisiana (169 So2d 89, 86 SCt 151) Police arrested Def at intersection after he alighted from another man's auto. Officers drove Def 2 blocks to his home, broke open door, searched for several hours, found one morphine tablet. Def charged, convicted; La Sup Ct reversed, affirmed on reh'g. Oct 18, 1965: USSC (per curiam) reversed: held search not incident to Def's arrest when 2 blocks away.
303.64. New York v Anonymous (Nassau Co Sup Ct) (48 Misc2d 713) Def-juvenile arrested for larceny while walking along suburban street with carton of books. Jan 3, 1966: Ct acquitted Def on ground police had no knowledge of any previous burglary or larceny and lacked elements of probable cause for arrest.
303.65. New York v Malik (NYC Criminal Ct) Mar 16, 1966: Defs, members of Black Arts and Repertory Theatre, arrested: unlawful possession of firearms under Sullivan Act and narcotics possession. Mar 24: DA admitted prosecution could not make a case; Ct dismissed charges.
303.66. New York v Straehle (Westchester Co Sup Ct) Def-police officer charged with perjury in denying he warned gambler of raid in 1961. Prosecution introduced evidence through "voiceprint," device which takes "fingerprints" of voices. Def objected to introduction of this evidence: 4th and 5th Amdt grounds. Ct overruled objection. Pending.
303.67. Cunningham v Heinze (CA 9 #19344) (188 CA2d 606; 352 F2d 1) May 5, 1960: In Pl's absence, police entered roominghouse where Pl lived. Landlady gave vague permission to enter, pointed out Pl's room where police found narcotics. Pl arrested; evidence admitted at trial: convicted. Jan 27, 1961: Calif DCA aff'd. Dec 4, 1961: Pl's habeas petition to DC denied: failure to exhaust state remedies. 1961: Pl's habeas petition to Calif Sup Ct denied. Dec 13, 1963: Pl's petition for habeas to DC filed. Apr 9, 1964: DC denied without h'g. Oct 18, 1965: CA rev'd and remanded: (1) 14th Amdt prohibition on use of illegally seized evidence applies to state cases even if pending at time of Mapp, 52.25, VI DOCKET 114, 367 US 643; (2) further h'g required: whether landlady authorized search by police, whether she had apparent authority to permit search.
303.68. New York v Peters (NY Ct of App) July 1964: Def stopped, questioned, and frisked at gunpoint in apt stairway by resident off-duty policeman; burglar tools found on Def. Def indicted: illegal possession of burglar's tools. Def moved for: suppression of evidence seized by policeman during frisk; order permitting inspection of grand jury minutes; dismissal of indictment. Oct 1964: Def's motions denied. Def pleaded guilty reserving right to appeal from denied pre-trial motions. On appeal Def attacks Code of Crim Proc §180-a (stop and frisk) on its face and as applied as unreasonable search and arrest. Pending.

Amicus brief by Alan H Levine and Lewis A Stern, Esqs, 26th Fl, 120 Broadway, NYC, for NYCLU.

- 81 -

304. Suits for False Arrest, Police Practices (see also 151, 353, 454, 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.

Article: Barney Rosenstein, NYC Chapter, Natl Lawyers Guild, The need for compensating victims of violence. 24 The Guild Practitioner 145-48. (Winter 1965).

Statement: Natchez city council answer to Negro citizens' petition for equal protection and rights, see p 97.

And see Boynton, 63.28, 353.39-353.44.

And for tort liability of state in negligently causing illegitimate birth, see Williams, 421.NY.3.


304.16. Lucero v Donovan, Carnover (Los Angeles) (CA 9) Facts: X DOCKET 37. Correction: CA 9 reversed directed verdict against Pl; held Pl would be entitled to recover against Def-police on one or more grounds alleged; questions should have gone to jury.
304.17. Pierson v Ray (Miss) (USSC) (352 F2d 213) Facts: X DOCKET 37, 108. Oct 25, 1966: CA 5 reversed judgment against policemen, remanded with instructions that Pls should not recover if they knowingly subjected themselves to arrest; directed that state law cause of action against police be dismissed; held police justice immune from suit, directed that complaint against him be dismissed. 1966: petition for cert pending.

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

304.48. Tyson v Cazes (CA 5) (238 FSupp 937) Facts: X DOCKET 40, 109, 145. 1965: DC dismissed Pl's suit, notwithstanding local ordinance forbidding service of alcohol to Negro and white in same premises, §202 of Civil Rights Act does not require injunctive relief against establishment. Mar, 1966: CA heard appeal. Pending.
304.52. Morton v Martin (SD Calif) Facts: X DOCKET 109. H'g before Police Commn on recommendation of blue ribbon Citizens' Comm: perhaps police procedure in entering house was improper but no action taken against police who entered or those responsible for the entry. Oct 18, 1965: Pre-trial h'g.

Hillel Chodos, Esq, for ACLU, 323 W Fifth St, Los Angeles.

304.66. New York v Portelli (USSC) Facts: X DOCKET 146. Defs convicted on basis of coerced evidence from witness. Jan 24, 1966: USSC denied cert.
304.79. Re Police Officers Holly, Fitzpatrick (Rodriguez, Comp) (Bronx Grand Jury) Facts: XI DOCKET 24. Grand jury refused to indict officers, dismissed complaint. Rodriguez seeks to reopen case, alleging 4 witnesses to beatings.

Richard Marlow, Esq, 50 Broad St, NYC.

304.84. Whitten and Hanna v US Secret Service Agents First-Fifth Does (Santa Clara Co Super Ct, #174247) Dec 4, 1965: Pl-student editor, accompanied by Pl-student, sought to use pass to attend press conference and lunch for Vice Pres Humphrey; conference cancelled, Defs forbade Pls attending lunch, First Doe allegedly attacked Pl with his fists until stopped by local policeman. Pls sued for $55,000 general damages and $1,000,000 punitive damages. Pending.

John Thorne, Esq, 510 N Third St, San Jose.

304.85. Sideratos v City of New York (NY Co Sup Ct, #20334/1965) 1965: Bottle of pills found in Pl's possession; arrested. Police, after learning pills contained no narcotics, failed to notify ct, allowed prisoner to remain in prison 21 days in lieu of $25 bail. Oct 11, 1965: Pl sued city for false arrest, malicious prosecution, false imprisonment. Pending.

Robert Polstein, 10 E 40th St, NYC.

304.86. Muilenberg and 5 Pls v US Fidelity and Guaranty Trust Co (SD Miss) Apr 15, 1966: Pls sued police officers and their bonding company for $3.5 million in damages under Civil Rights Act, 42 USC 1983. Pending.

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

304.87. Seward v Oakland Police Dept (ND Calif, #42662) Apr 1964: Pl arrested on suspicion of burglary, taken into custody, held for 32 hours, his home and car searched without warrant. Sept 1965: Pl sued for $250,000 under Civil Rights Act, 42 USC §1983. Oct 28: Jury returned verdict for Def.

Clinton White, Esq, 1027 Adeline, Oakland.

Book: Jerome H Skolnick, Justice without trial (re Oakland police). Wiley & Sons, NYC, 1966.

304.88. California v Kerlin (San Francisco Muni Ct) Oct 17, 1965: Def-police officer arrested Comp-Benning for running stop sign and refusing to sign citation. Comp alleged Def struck Comp in eye on way to station. Feb 9, 1966: Trial Ct acquitted Def of battery after 12 defense witnesses testified Comp showed no sign of injury upon arrival at station.
304.89. Rodriguez v Free and Jersey City (DC NJ, #1335-65) Dec 20, 1965: Pl filed damage suit against Def-police officer and city under 28 USC §1343 and 42 USC §1983, also count for common law assault and battery alleging he was beaten by Def-officer, resulting in 7 fractures and permanent partial loss of hearing in one ear, and inability to resume employment for over 4 mths. Pending.

Jesse Moskowitz, Esq, 880 Bergen Ave, Jersey City.

- 82 -

304.90. Carter v Hoover (DC DC) Aug 16, 1965: Pl-FBI clerk fired from his job because he had a girl in his apartment overnight. 3 other FBI clerks who shared apt allegedly harassed by FBI and forced to resign. Apr 21, 1966: Pl sued for reinstatement and for back pay. Pending.
304.91. Williams v Badge #21349 (Manhattan Sup Ct) Feb 21, 1966: Pl-Negro woman forced to disrobe in Harlem restaurant by 2 police officers who said they were looking for female impersonators. Apr 5: Pl sued officers and city for $300,000 in damages. Pending.
304.92. Peters, Namias, Friel, and Kutchinsky v Wyatt (San Francisco Super Ct, ##555801-2) May 14, 1965: Def official of San Francisco City College prevented Pls from participating in public meeting on campus by causing their arrests on various invalid charges. (California v Cuddy, 24.45, X DOCKET 134.) Pls sued for false arrest. Pending.

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

304.93. Council for Religion and the Homosexual v Cahill (ND Calif) Dec 31, 1964: Pl's attys arrested and charged with blocking police entry to raid New Year's Eve homosexual ball; acquitted of charges. Nov 22, 1965: Pls filed $1 million damage suit under Civil Rights Act, 42 USC §1983. Pending.

Herbert Donaldson, Esq, 333 Franklin; Evander Smith, Esq, 683 McAllister; Elliott Leighton, Esq, 1255 Post, all of San Francisco.

304.94. Re Patrolman Francis Moriarty (NYC) Feb 17, 1966: Resp, white police officer, off-duty and in civilian clothes, refused to leave Harlem bar at closing time when asked by Negro bartender. Resp left later, returned with revolver drawn, threatened bartender who was entering cab. Cab driver and bartender restrained Resp, took him to precinct house. Resp suspended from police force, case referred to DA's office.
304.95. Locust Club of Rochester v Police Advisory Board of Rochester (Monroe Co Sup Ct) 1966: Pl-club, representing city police, sued to test Def's authority. Ct granted Pl's motion for summary judgment, held Bd's powers limited by state law and city ordinances. Appeal pending.

Benjamin Phelesoff, Esq, Reynolds Arcade Bldg, Rochester, NY.

304.96. Harrington v Tate (Philadelphia Com Pleas Ct No. 9, #6330) 1965: Pl police officers sued to enjoin Philadelphia Police Advisory Bd from functioning in alleged review board capacity with hearings. Issue: whether Mayor was empowered under Home Rule Charter, §§3-917, 5-200, to establish Police Advisory Bd to make recommendations as to discipline of police officers. Earlier case: Conway v Philadelphia, Phila Com Pleas Ct No 2, Dec Term, 1959, #367. Pending.

Amicus brief for Phila Fellowship Commn, ACLU, Presbyterian Interracial Council, Phila Urban League, and Episcopal Diocese of Pa, by Peter Hearn, Esq, Fidelity-Phila Trust Bldg; Murray H Shusterman, Esq, 7th Fl, 1401 Walnut St; Jerome J Shestack, Esq, 1719 Packard Bldg; all of Philadelphia.

304.97. Anderson v Nosser (Natchez) (ND Miss, Greenville Div, #GC 669) Oct 2-4, 1965: Pls, Defs in Evers, 55.Miss.12, in peaceful demonstration; arrested: marching without parade permit; taken 215 miles to state penitentiary without h'g or opportunity to post bail. Pls forced to stand in rain; some beaten, all forced to drink laxative; put in unsanitary and crowded cells, windows left open and cold water thrown on Pls. Feb 17, 1966: Pls sued police and other public officials for damages arising from deprivation of civil liberties, cruel and unusual punishment, and physical suffering. Pending.

Richard E Tuttle, John H Doyle, III, Carl R Neil, Esqs, 233 N Farish St, Jackson; Lawyers' Comm.

304.98. McPherson v Boutwell and Tamiami Trail Tours (ND Ga, #8359; CA 5) Pl, Jamaican Negro student, alleged he was beaten on bus. Pl sued city and company for assault and battery damages. DC held for Defs. Appeal pending.

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

304.99. Dawson v Laws; Reaves v Todd (Chester) (ED Pa, ##37913, 37758) Apr 20, 1965: Pls sued Defs, local and state police, for damage under 42 USC §1983 for beatings during 1964 demonstrations protesting school segregation. See Anderson, 51.Pa.1. Pending.

Henry W Sawyer, III, Esq, 1100 Phila National Bank Bldg, Philadelphia.

See Anderson, 51.Pa.1.

And see Matthews, 312.34; Jobson, 440.8.

310. Indictment
311. Challenge to Grand Jury Composition (see also 510s)
And see Josey, 322.12.
312. Attacks on Character of Evidence

312.34. Michigan v K Matthews (Detroit Recorder's Ct, #24453) White woman tenant in public project complained Def-Negro youth assaulted her. Def arrested: simple assault; placed in line-up with no one resembling him; Def's atty objected; placed in 2d line-up. Def's atty asked Comp if she would drop charges since Def showed need of medical care; Comp agreed. DA told Comp if she dropped charges, she would have to pay $200 ct costs. Def's atty explained facts to Ct. Maher, J: reprimanded DA; charges dismissed.

James Lafferty, Esq, Natl Lawyers Guild, at Free Legal Aid Clinic, 4705 Grand River Ave, Detroit.

312.35. US v Romano (USSC) (330 F2d 566, 86 SCt 279) Defs arrested: illegal possession of still, unauthorized production of liquor, conspiracy; convicted. CA 2 reversed counts, affirmed other counts. Nov 22, 1965: USSC affirmed CA (unan): jury was instructed that Defs' presence at a still "shall be deemed sufficient evidence to authorize conviction" of possession, custody and control, in statutory language of 26 USC §5601(a)(1); § unconstitutional because no rational connection between fact proved, presence, and ultimate fact presumed, possession.
- 83 -

313. Charge of Entrapment
314. Charge of Conspiracy
Proposed legislation: Criminal Conspiracies Control Act (HR 12302) introduced by Cong Weltner, member HUAC. Analysis: Prof Vern Countryman, From McCarran to Weltner. Natl Comm to Abolish HUAC, 555 N Western Ave, #2, Los Angeles.

And see United Mine Workers v Gibbs (1966) 86 SCt 1130.


314.9. California v Williams and Hendrix (Calif Sup Ct) Facts: XI DOCKET 25, at 314.8. Cite: 406 P2d 647.
315. Inspection of Pretrial Statements of Government Witnesses
List: State discovery statutes and decisions. CIVIL RIGHTS HANDBOOK pp 69-69r.

And see NY v Peters, 303.68.

316. Inspection of Grand Jury Minutes
320. Double Jeopardy
321. In Federal Cases

321.13. Gills v US (USSC, #1150) Def arrested: commercial hauling of liquor without paying tax; acquitted. Def prosecuted for possessing and transporting same liquor; convicted. Mar 2, 1966: CA 4 affirmed. Mar 25: Cert filed in USSC: does second arrest and prosecution constitute double jeopardy?

Joseph S Bambacus, Esq, Richmond, Va.

322. In State Cases

322.7. Martinis v Supreme Ct, Criminal Term (NY Ct of App) Facts: X DOCKET 146.

Amicus Brief by Ivan Shapiro, Esq, 156 5th Ave, NY, for NYCLU.

322.8. New York v Kaminetsky (NY Sup Ct, App Div, 2d Jud Dept) Facts: X DOCKET 110. Defs convicted for contempt 3 times for refusal to answer same question. Ct dismissed appeal on its own motion; notice of appeal not timely filed.
322.11. Kellett v Superior Ct (Calif Sup Ct) Pl charged with misdemeanor: exhibiting gun in threatening manner. At preliminary hearing also charged with felony: possession of concealable weapon by one once convicted of felony. Jan 5, 1966: Sup Ct held Pl can be punished only once where only one act even tho violation of more than one statute is involved.
322.12. Georgia v Josey (Terrell Co Super Ct) (28 SE2d 290) Feb, 1943: Def-Negro drove into group of marching Home Guard killing one and injuring several. June 1943: Def indicted by grand jury: 1 count of murder, 10 counts of assault with intent to murder; tried, convicted of murder: death. State Sup Ct denied appeal. State Bd of Pardons commuted death sentence to life imprisonment. Def served 23 yrs, most as trustee. Mar 1966: Def paroled, arrested on authority of bench warrants for ten 1954 assaults with intent to murder indictments. Bail: $15,000. May 16: Def moved for O/R release or bail reduction alleging: (1) high bail violates Def's right to equal protection since Def is indigent as a result of 23 yr imprisonment; (2) no constitutional trial can be held under indictments by grand jury from which Negroes were deliberately excluded in jurisdiction in which Negroes comprised over 50% of population; (3) necessity of composing defense 23 yrs after alleged crimes denies Def right to speedy trial; (4) incarceration for 23 yrs and continued incarceration under present charges denies Def his right to adequately prepare his defense; (5) double jeopardy; (6) further restraint constitutes cruel and unusual punishment. Def asks O/R release or bail reduction to $100. Pending.

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

322.13. Cichos v Indiana (Parke Co) (USSC, #850) (208 NE2d 685, 210 NE2d 363) Def arrested after automobile accident: involuntary manslaughter and reckless homicide. Jury convicted on reckless homicide, silent on manslaughter. Ind Sup Ct reversed. Retrial on both counts; convicted on reckless homicide. Jy 6, 1965: appeal to state Sup Ct claiming violation of 5th Amdt double jeopardy standard; conviction affirmed using state double jeopardy standard. Oct. 1: reh'g denied. Apr 4, 1966: USSC granted cert on whether 5th Amdt standard of double jeopardy applicable to states under 14th Amdt.

John P Price, Esq, Circle Tower Bldg, Indianapolis; Warren Buchanan, Esq, 308 W High and James B McFaddin, Esq, S Side Sq, both of Rockeville, Ind.

330. Self-incrimination: Criminal Sanctions for Exercising Privilege (see also 270)
Article: Richard Givens, Reconciling the Fifth Amdt with the need for more effective law enforcement, 52 ABAJ 443.
331. Before Congressional Committees
332. Before State Committees
333. Before Grand Juries and Tribunals

333.21. Stevens v Marks and McCloskey (formerly New York v Stevens) (USSC) (345 F2d 305) Facts: X DOCKET 111. Feb 28, 1966: USSC reversed (7-2), Douglas, J: Def never offered immunity under state statute passed after Regan, 396.1, 349 US 558; held (1) Def's effort to withdraw waiver was effective under fedl law; (2) in absence of immunity provision clearly applicable to him, Def could properly stand on privilege and refuse to answer potentially incriminating questions; (3) doesn't matter whether Def was covered by immunity under NY constitution as interpreted since Def was led to believe that no immunity provisions applied to him, see Raley, 335.4, 360 US 423. Harlan, J (Stewart, J) conc and diss.
333.22a. Tehan v US ex rel Shott (USSC) (337 F2d 990) Jan 19, 1966: USSC held (5-2) it would not give retrospective application to rule of Griffin v California, 333.22, 380 US 609; that adverse comment by prosecutor or trial judge on Def's failure to testify in state criminal trial violates fedl privilege against compulsory self-incrimination. Black, J (Douglas, J) diss. Warren, CJ, Fortas, J took no part.
- 84 -

334. Grants of Immunity: Federal
See Harris v US, 41.8
334.9. US v Johnson (USSC) (337 F2d 180) Govt alleged 2 Congressmen, 2 officers of svgs and loan assn conspired to obtain dismissal of pending indictments of assn officers for mail fraud by Def Cong Johnson giving speech in Congress favorable to such assns, Co distributing copies of speech, 2 Cong approaching Atty Genl; Def received large sums as "campaign contribution" and "legal fees." Jury convicted Def of violating conflict of interest act, 18 USC §281, conspiracy to defraud, 18 USC §371. CA 4 set aside conspiracy count because Def's Congressional speech barred by US Const, Art I, §6 from being used outside Cong. Feb 24, 1966: USSC affirmed and remanded (4-3), Harlan, J: Pros asked Def many questions re his Cong speech: motive for making, how much Def wrote, how much others wrote, why sentences included, Def's knowledge of facts supporting statements; held: "intensive judicial inquiry, made in the course of a prosecution by the Executive Branch under a gen'l conspiracy statute, violates the express language of the Const. . . ." Black, White, JJ, took no part in decision. Warren, CJ (Douglas, Brennan, JJ), conc and diss.

George Cochran Doub, Esq, Washington, DC; David W Louisell, Esq, Berkeley, Calif.

335. Grants of Immunity: State
336. Criminal Registration Laws (see also 211)

336.7. Costello v US (USSC, #826) (352 F2d 848 (1965)) Oct 8, 1965: Defs arrested in raid by IRS and state police: violating federal wagering tax laws requiring gamblers to register even if it means admitting violating state law. Convicted. CA 2 affirmed. Mar 22, 1966: USSC granted cert: (1) whether fed'l registration violates gambler's 5th Amdt rights as reevaluated in Albertson, 211.1d-1m; (2) should US v. Kahriger, 341 US 229 and Lewis v US, 348 US 419, be reconsidered?

Ira B Grudberg and Howard Jacobs, Esqs, 207 Orange St, New Haven, Conn.

And see 1950 Internal Security Act, 211.

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 n Employment — Private (see also 30, 268, 269)
345. Effect on Attorneys (see also 265, 373)

345.2. Spevack v Klein (USSC, #944) (17 NY 2d 490, 210 NYS2d 210) During investigation of unethical practices, atty refused to give testimony or produce records claiming 5th Amdt privilege against self-incrimination. Referee directed disbarment. Sup Ct, App Div affirmed. Dec 1, 1965 and Jan 6, 1966: Ct of Appeals affirmed disbarment: atty has duty to divulge information necessary to show his character and fitness to remain member of the bar, therefore forfeits his bar membership by claiming privilege against self-incrimination. Mar 22: USSC granted cert.

William H Dempsey, Jr, and Martin J Flynn, Esqs, 734 15th St NW, Washington, DC; Bernard Shatzkin, Esq, 235 E 42nd St, NYC.

346. Effect on Unemployment Insurance and Social Security (see also 263, 422)
And see Matter of G, 421.NY.1.
350. Due Process
UN DECLARATION OF HUMAN RIGHTS: Arts 8, 11 (1).

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

351. In Arraignment (Delay) (and see 353)
Checklist: What to do or consider before entry of plea in trial court. CIVIL RIGHTS HANDBOOK pp 73-73b.
352. In Grand Jury Procedures (see also 311, 316, 512)

352.3. Howard v Kentucky (USSC, #921) 1965: Def arrested: manslaughter, indicted. Shortly before trial, DA called defense witnesses before grand jury, made them testify, submit to lie detector tests, threatened them with perjury charges. At trial Def convicted. Appeal affirmed. Feb 28, 1966: USSC granted cert on issue of whether defense witnesses had been intimidated by prosecutor's pretrial actions.

John Y Brown, Esq, Security Trust Bldg, Lexington, Ky.

353. In Obtaining Confessions (and see 304, 371, 372)
Article: David Robinson, Jr, Massiah, Escobedo and rationales for exclusions of confessions. 56 Jour of Crim Law 412-31.

Case note: New procedure governing admissibility of confessions applied retroactively: New York v Huntley (204 NS2d 179, 255 NYS2d 838, 1965), 39 St John 377-82.


353.35b. US ex rel Drummond v Warden (CA 2) Facts: XI DOCKET 26. Dec 2, 1965: CA affirmed conviction, held confession was voluntary and not invalid when Def had been advised of his rights and had not requested to have an attorney present.
353.35c. US ex rel Indiviglio, Robinson, Cone, Maxino v Warden (CA 2) Facts: XI DOCKET 27. CA affirmed convictions, held that, while police must inform Defs of their rights to counsel and to remain silent during interrogation, Constitition does not invariably require "that a suspect must be advised of his right to silence and the advice of counsel immediately upon his arrest and before he is questioned or makes any statement to the police."
- 85 -

353.36. New York v Perez (Queens Co Sup Ct, Ind 1413/65) 1965: Def convicted of statutory rape. Ct of App reversed on insufficiency of corroboration. Issues for retrial: challenge of rape statute (NY Pen Law §2010) on ground of lack of requirement of scienter; failure to advise Def of rights at police interrogation and to supply interpreter.

Thomas Asher, Esq, 6112 Breezewood Ct, Greenhill, Md; Henry M diSuvero, Esq, NYCLU, 156 5th Ave, NYC.

353.37. US v Curry (CA 2) Feb 13, 1962: Def arrested on suspicion of robbery, confessed after being advised of his rights to counsel and to remain silent. Trial Ct suppressed confession because Def had been interrogated without advice of counsel and statement had been elicited during period of unnecessary delay prior to arraignment, but Ct allowed use of confession to impeach Def's testimony. Dec 24, 1965: CA affirmed, held that altho confession was inadmissible, it could be used as evidence to establish facts collateral to issue of guilt.
353.38. New York v Friedlander (NY Ct of App) 1965: Def convicted of servicing bookmakers. Dec 26: Ct of App reversed, held confession inadmissible because obtained after arraignment and out of presence of counsel.

Frances Kahn, Esq, 930 Theriot Ave, Bronx, NY.

353.39. New York v Sanchez (Bronx Sup Ct) Nov 24, 1965: Def arrested, charged with murder. Def confessed, later repudiated confession, charging police beat him to obtain it. Dec 8: Ct dismissed charges after joint motion by Def and DA; Def had "passed" lie detector test.

Oscar Gonzalez-Suarez, Esq, 3785 Broadway, NYC.

353.40. Stewart v California (Los Angeles) (USSC, #584) 1963: Def and wife arrested: robbery-murder; after 4½ days, Def confessed in order to free his wife. After trial convicted: felony-murder—death. Calif Sup Ct reversed: police should have warned Def of right to silence. Pending in USSC.
353.41. Miranda v Arizona (USSC, #759) Def, emotionally ill, arrested for robbery and kidnap-rape; victims identified Def in line-up. Def neither told nor knew of his right to counsel: confessed. 1963: Convicted, 25 and 30 yr sentences. Issue in USSC: whether Def must be told of right to counsel without request. Pending.
353.42. Vignera v New York (Brooklyn) (USSC, #760) Def arrested for dress shop holdup, confessed after 12 hrs; not taken before judge for 24 hrs, in violation of NY's prompt arraignment statute, not advised of right to counsel. Trial: convicted, 30 to 60 yrs. Ct of App affirmed. Pending in USSC.
353.43. Westover v US (Kansas City, Mo) (USSC, #761) 1963: Def, arrested by local police, questioned 14 hrs about local crimes, turned over to FBI who got confession after 2½ hrs. Def advised of right to counsel, not allowed to exercise it; held incommunicado 11 days before arraignment. Trial: convicted, 30 yrs. Issue in USSC: FBI collusion with local police to avoid McNabb-Mallory rule. Pending.
353.44. Johnson and Cassidy v New Jersey (Camden) (USSC, #762) 1958: Defs implicated in holdup murder by coerced confession of confederate. Def Johnson mentally disturbed, asked magistrate for atty; request denied, confessed after 12 hrs. Def Cassidy, "regressed," received no warning, confessed after 20 hrs. Convicted, death sentences. Both convictions final before Escobedo 372.34, 378 US 478. Issue in USSC: retroactivity of Escobedo on habeas corpus. Pending.

Amicus in 353.40-353.44: ACLU Amicus: Anthony Amsterdam, and Paul Mishkin, Esqs, 3400 Chestnut St, Philadelphia; of counsel: Raymond Bradley and H R Fiebach, Esqs, 12th Floor, Packard Bldg, and Peter Hearn, Esq, 2001 Fidelity-Philadelphia Trust Bldg, all of Philadelphia, and Melvin L Wulf, Esq, 156 Fifth Ave, NYC.

354. In Press Releases and Newspaper Coverage
Rule: Nov 26, 1965: Calif Judicial Council adopted rule prohibiting photographing, recording or broadcasting in courtrooms while court in session or during mid-morning or mid-afternoon recesses.
354.5. Sheppard v Maxwell, Warden (USSC) Facts: X DOCKET 42, 112; XI DOCKET 27. Cites: 346 F2d 707; cg 382 US 916.

And see Collier, 54.12.

355. In Admitting Perjured Testimony (see also 312)

355.4. Sobell v US (ED NY) Facts: X DOCKET 42, 113, 148; XI DOCKET 27. May 9, 1966: Pl filed petition requesting h'g and vacating Pl's sentence and conviction or new trial; Pl alleges gov't "knowingly created, contrived and used false, perjurious testimony and evidence and induced and allowed gov't witnesses to give false testimony." May 13: DC refused to allow Pl's attorneys to take deposition of Harry Gold, whom Pl contends gave perjurious testimony at Pl's trial. H'g pending.
356. In Courts Martial (see also 125, 390)
Forms and procedures: Conscientious objection and civil disobedience in armed service. CIVIL RIGHTS HANDBOOK pp 235dd, 235ii-235jj.
357. In Naturalization Proceedings (see also 259)
358. In Expatriation, Denaturalization and Deportation Proceedings (see also 258, 259)
358.23 Article: Daniel C Kramer, The restraints of Schneider v Rusk upon the foreign policy powers of the "political branches": How meaningful are they? 38 Temple 279-86.
358.61. Matter of Joseph Douglas Johnson (Bd of Imm App) Facts: X DOCKET 42, 113. Jan 11, 1966: Imm Service ordered Def deported. Appeal pending.
358.62. Liadakis v Immigration and Naturalization Service (DC MD) Pet sued to defeat deportation: would be subject to religious persecution upon his return to Greece. Pending.

David E Birenbaum, NCA-CLU, 1101 Vermont Ave NW, Washington, DC.

358.63. Afroyim v Rusk (CA 2 #30413) 1926: Pl (Pole) naturalized US citizen. 1951: Pl voted in Israeli election. 1960: Pl applied for renewal of US passport; instead Am Vice Consul issued Certificate of Loss of Nationality for voting in foreign state under 1940 Nationality Act, 8 USC §1481(a)(5). 1961: Passport Office affirmed. 1965. State Dept Bd of Review affirmed. Pl sued claiming act unconstitutional on its face and as applied under 1st, 5th, 6th, 8th, 14th Amdts. Feb 25, 1966: SD NY granted summary judgment for Def relying on Perez v Brownell, 358.7, 356 US 44. Appeal pending.

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

- 86 -

359. In Loyalty Hearings (see also 251, 268)
360. Speedy and Public Trial (see also 390)

360.11. Arizona v George (Maricopa Co Super Ct) Oct 1965: Def, in US Penitentiary at Kansas for 2 yrs, requested Pl to ask US Atty Genl to return Def for trial pursuant to 18 USC §4085. Pl refused. Def filed suit. Pl moved to dismiss; pending.

CLU amicus: William G Pearson, Jr, Esq, Phoenix, Ariz.

360.12. Klopfer v North Carolina (Chapel Hill) (USSC, #1216) (145 SE2d 909) 1966: Pet-Prof (Duke) and others tried to enter cafe to challenge racial discrimination in place of public accommodation. Feb 24, 1964: indicted: criminal trespass. Jury trial: mistrial. Civil Rights Act of 1964 passed shortly after mistrial and retrospectively protected Pet from conviction and punishment for alleged offense. 1965: NC solicitor moved to suspend indefinitely, but not dismiss, prosecution of Pet's case: nol pros with leave: granted. 1966. NC Sup Ct affirmed. Petition for cert filed. May 6: ACLU filed motion for leave to file amicus brief, alleged nol pros with leave: (1) denies Pet his right to speedy trial; (2) violates due process in operating to punish Pet in absence of fundamentally fair trial; (3) represents continuing in terrorem deterrent to exercise of free speech, assembly, association in NC. Pending.

William W Van Alstyne, Duke Univ School of Law, Durham, NC; Melvin L Wulf, 156 Fifth Ave, NY for ACLU amicus.

And see Josey, 322.12.

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

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

Articles: Robert F Drinan, Independence of the bar: its meaning and its future. 24 The Natl Lawyers Guild Practitioner 85-95.

Benjamin Smith, Lawyers in the great tradition. 24 The Natl Lawyers Guild Practitioner 96-99.

Owen E Woodruff and Robert A Falco, The defender workshop: A clinical experiment in criminal law. 52 ABA Jour 233-236.

Student Research: The lawyer as a creator and maintainer of inequality: Survey of lack of legal enfranchisement among the poor. Boalt Law School. 1966. In Meiklejohn Civil Liberties Library.

Hot line: NYC Commn on Human Rights can be called day or night: 566-5050.

371. In Federal Cases (and 353)
Article: Richard M Calkins, Criminal justice for the indigent. 42 U of Detroit 305-42.

Legislation: Bill (HR 14182, S 3161) to amend 28 USC §2412 and provide for costs against the gov't in civil actions.


371.9. Hoffa v US (USSC, #794) Facts: X DOCKET 114. Jan 31, 1966: USSC granted cert to review whether evidence obtained by Gov't by means of deceptively placed secret informer in quarters and councils of Def during one criminal trial so violates Def's 4th, 5th, and 6th Amdt rights that suppression of such evidence is required in subsequent trial of same Def on different charge. Pending.
371.12. Dillon v US (USSC) (230 FSupp 487, 1964; 346 F2d 633, 1965) Indigent Def secured order that he must be represented by counsel in reh'g of his case. Following reh'g, ct-appointed counsel filed claim for compensation of $5000. DC Ore held: (1) ct appointment amounted to taking of atty's compensable property of legal license and learning, (2) due process, which requires production of witnesses, transcripts, and court reporter, also requires "license, time, expertise, office facilities, and expense of atty for indigent": "Legal representation is a necessary facet of the gov't's public obligation of furnishing due process"; awarded $24.54 costs plus 108 hrs @ $35/hr, entered judgment for $3,804.54 payable by GAO pursuant to 28 USC §2414. Je 16, 1965: CA 9 reversed: (1) not a taking which requires compensation under 5th Amdt, (2) atty as officer of court is subject to its orders without compensation, (3) atty enters bar with knowledge he may be called to serve gratis and consents to do so, (4) in light of ancient traditions of bar and developing law concerning right to counsel, it is for legislature to decide question of compensation. 1966: USSC denied cert. Case notes: 50 Iowa 872-81; 11 Wayne 537-45; 11 Howard 215-20; 33 U of Missouri at Kan City 134-42; 13 Kansas 423-7; 25 Maryland 76-77; 113 U of Penn 759-74.

And see Frankel, 371.11, XI DOCKET 27.

371.13. United States v Boyden (SD Cal) (34 LW 2346) Dec 20, 1965: DC held Criminal Justice Act requires compensation for attorney assigned to represent indigent at h'g to revoke probation: proceeding is part of a "criminal case" and order is an appealable final judgment.

And see Harden, 430.6.

See also Rush, 372.58; Loray, 374.29; Smith, 374.30; Sullivan, 374.31; Lascher, 374.32.

372. In State Cases (and 353)

372.24. New York v Mawbey (App Div 3d Dept) Facts: X DOCKET 44, 149. 1965: Def abandoned appeal after parole.
372.25. Smith v Breazeale (ND Miss, Greenville Div, #GC6440) (245 FSupp 978, 10 RRRLR 1795) Facts: X DOCKET 44, 114; XI DOCKET 28. Sept 16, 1965: DC held: no waiver of right to raise issue of sytematic exclusion of Negroes in jury selection process, as state Sup Ct ruled on merits of question and not concerned with procedural default; ct-appointed counsel had not consulted Pet whether to raise issue of jury discrimination; set aside conviction, retaining jurisdiction to give further relief if state fails to re-try within 1 yr.
- 87 -

372.43. Ex rel Holliday v Dane Co Ct (formerly Wisconsin v Holliday and Wisconsin ex rel Holliday v Dane Co Ct) (Dane Co Cir Ct, #117175) Facts: X DOCKET 149, XI DOCKET 28. 1965: Co Ct appointed counsel for new preliminary h'g.

Edward Nagler, Esq, Exec Secy, Wis CLU, 324 S Hamilton St, Madison.

372.44. Yates v Mississippi (USSC) (382 US 931) Facts: X DOCKET 149, XI DOCKET 28. Nov 22, 1965: USSC denied cert.
372.49. California v Stockman, Cathcart, Humble (Calif Sup Ct) Facts: XI DOCKET 28. Cite: 407 P2d 277.
372.51. Conlan v Haskins (formerly Ohio v Conlan) (381 US 940) Facts: XI DOCKET 28. 1955: Def tried without counsel; convicted. Je 1, 1965: USSC denied cert.
372.52. New Jersey v Ordog, Rush (NJ Sup Ct) Facts: XI DOCKET 28. Cite: 212 A2d 370.
372.53. New Jersey v Coleman (NJ Sup Ct) Facts: XI DOCKET 28. Cite: 214 A2d 393.
372.54. Ex rel Rogers v Rockland State Hospital (NY Ct of App) 1954: Rel allegedly struck mother; adjudged insane and committed on certification of hospital psychiatrists. 1962: At habeas h'g, staff doctors testified Rel dangerous to self and others; Sup Ct denied habeas. 1965: Rel appealed: lack of counsel at commitment and habeas h'gs seriously prejudiced him; indigent's right to counsel extends to confined mentally ill; state should provide independent psychiatric evaluation. Ct of App appointed counsel for appeal. Pending.

Herbert Monte Levy, Esq, 18 E 41st St, NYC.

372.55. Sardone v New York (NY Sup Ct) 1949: Pet pleaded guilty, disorderly conduct. 1965: Pet sought to set aside conviction so he could qualify for license to sell beer: perfunctory, high-speed trial procedure left him unaware of right to counsel. Nov 3, 1965: Sup Ct granted petition; Rosenberg, J, highly critical of trial ct routines unintelligible to unrepresented Defs.
372.56. McDonald v Moore (CA 5) (34 LW 2295) Def, charged with misdemeanor liquor offense in Fla state ct, pleaded guilty without being advised of right to counsel. Nov 24, 1965: CA reversed: right to counsel extends to misdemeanors.
372.57. New York v Ressler (NY Ct of App) 1963: During interrogation of Def re homicide, police told Def lawyer's clerk that questioning was routine, Def had no need of counsel. Interrogation elicited confession and location of weapon. Def charged with second-degree murder, convicted of 1st-degree manslaughter. Mar 31, 1966: Ct of App reversed conviction, ordered new trial limited to lesser offense, held confession and weapon inadmissible: misleading answer to Def's atty amounted to denial of counsel.
372.58. New Jersey v Rush, Couch (NJ Sup Ct, #A-33) Trial ct denied claims of Defs' assigned counsel to compensation and reimbursement of expenses. Counsel appealed. Mar 7, 1966: Sup Ct held judiciary empowered to allow compensation (despite fact it is expressly provided for only in murder cases, NJSA 2A:163-1), should remove part of burden of indigent defense from the bar; postponed operation of new rule until 1967 to permit local and state legislative implementation; suggested compensation at 60% of normal fee of modestly successful lawyer; ordered reimbursement of expenses; rejected constitutional arguments (inter alia) that assignment of unpaid counsel falls short of 6th Amdt requirement and takes lawyer's property without due process.

Martin L Haines, Esq, Ashurst Mansion St, Mt Holly (pro se).

And see Dillon, 371.13; Loray, 374.29; Smith, 374.30; Sullivan, 374.31; Lascher, 374.32.

372.59. New Jersey v Loray (NJ Sup Ct) 1962: Def, then 16, lacked counsel at Juvenile Ct h'g leading to determination he should be tried as adult for 1st degree murder. Def convicted; life sentence. Dec 20, 1965: Sup Ct reversed conviction; ordered new Juvenile Ct h'g with counsel for Def, to determine whether he should be treated as juvenile offender.

Arthur R Schmauder, Esq, 570 Broad St, Newark.

And see Loray, 374.29.

372.60. Michigan v Foster (Mich Sup Ct, #50557) Oct 23, 1963: Ct-appointed atty for Def failed to give statutory notice of alibi. Def convicted. Jan 1, 1966: State confessed error made by Def's atty; Mich Sup Ct granted new trial; refused to consider whether trial ct must supervise activities by ct-appointed attys.

Jerry S McCroskey, Esq, 175 W Apple, Muskegon, Mich; for ACLU.

372.61. Westbrook v Arizona (USSC) (406 P2d 388) Def convicted of murder; affirmed. May 2, 1966: USSC vacated and remanded; per curiam: altho Def received h'g on his competence to stand trial, he was entitled to inquiry or h'g on his competence to waive constitutional right to assistance of counsel.
373. Restrictions on Attorneys (see 265, 345)

373.19. In re Osborne and Redmond (Cal Sup Ct, #9990) Defs, inmates at 2 Calif prisons, sought habeas corpus to prevent prison officials from reading attorney-client mail. Sup Ct denied petition.

Hillel Chodos, Esq, 9107 Wilshire, Beverly Hills.

374. Opportunity for Appellate Review

374.25. Dillane v United States (CA DC) Def's attorney failed to apprise him within prescribed time of his right to appeal in forma pauperis from criminal conviction. DC denied leave to appeal. CA affirmed without prejudice to new motion under 28 USC §2255. Motion to clarify opinion pending.

Thomas J Schwab and David B Isbell, Esqs, NCA-ACLU, 1424-16th St NW, Washington, DC.

- 88 -

374.26. 4 Defs v California (Cal Sup Ct) 1964: Defs convicted of misdemeanors in Auto Row sit-ins. Dec 6, 1965: Sup Ct, per curiam, denied petitions for free appeal transcripts, maintaining present policy of providing free transcripts for felony appeals only.

But see In re Henderson, 374.22, 393 P2d 685.

374.27. New Jersey v Welch (NJ Sup Ct) 1949: Def, charged with 1st-degree murder, not advised by police of rights to counsel and silence. 1950: Def convicted, life; no appeal: Def couldn't afford trial transcript. Nov 22, 1965: Sup Ct (4-3) reversed conviction, granted new trial to Def (now awaiting parole): Def entitled to transcript under Griffin, 351 US 12 (1956) and such right is retroactive.

Roger C Ward, Esq, 570 Broad St, Newark.

374.29. New Jersey v Loray (NJ Sup Ct, #A-31) Trial ct allowed compensation for assigned counsel in post-conviction proceeding attacking murder conviction in Loray, 372.59. Co treasurer intervened, appealed. Mar 7, 1966: Sup Ct affirmed allowance of compensation: post-conviction proceeding a "murder case" within NJSA 2A:163-1.

Arthur R Schmauder, Esq, 570 Broad St, Newark (pro se).

And see Rush, 372.58; Smith, 374.30; Sullivan, 374.31.

374.30. New Jersey v Smith (NJ Sup Ct #A-32) Similar facts, same opinion and holding as Loray, 374.29.

Peter Murray, Esq, 17 Academy St, Newark.

And see Dillon, 371.13; Rush, 372.58; Sullivan, 374.31.

374.31. New Jersey v Sullivan (NJ Sup Ct #A-30) Assigned counsel in post-conviction proceeding on behalf of murder Def appealed from allowance of $350 compensation. Mar 7, 1966: Sup Ct increased award to $1000.

Albert L Simpson, Esq, 900 Stuyvesant Ave, Union (pro se).

And see Rush, 372.58; Loray, 372.59; Smith, 374.30.

374.32. Lascher v California (Calif Sup Ct) Dist Ct of App assigned Pl-atty to represent indigent Def in criminal appeal. Pl carried out his duties, petitioned DCA for reasonable compensation (Pen C §1241). Feb 25, 1964: DCA awarded $250. Pl asked for reh'g: award inadequate. Feb 28, 1964: DCA denied reh'g. Pl petitioned Sup Ct for h'g of claim. April 22, 1964: denied. Pl filed new suit in Super Ct asking for judgment against state for more compensation. Def moved for judgment on pleadings. Super Ct granted. May 26, 1966: Sup Ct affirmed: Super Ct had no jurisdiction to rehear claim already passed upon by DCA and Sup Ct; DCA had power to grant what it considered reasonable compensation, not to be judged by same standards as compensation in fee case or civil case.

Edward L Lascher, Esq, 6842 Van Nuys Blvd, Van Nuys, Cal.

374.33. Johnson v Avery (MD Tenn) (252 FSupp 783) Pet convicted in state court; prepared habeas corpus petition for other prisoners; Tenn prison regulation forbade this. Pet sued in fedl ct. Jan 21, 1966: DC held prisoners have fed'l right to petition for habeas and fed'l right to have remedy made effective by authorizing some third person to proceed for them.
375. Group Legal Services/OEO Offices (and see 420s)
Articles: James Reese, Simon Rosenthal, Carol Ruth Silver, Legal services for the poor, 24 Guild Practitioner 117-131.

Jerome Carlin, Will poverty program impoverish lawyers? 24 Guild Practitioner 132-36.

Victor Garlin, Prescription for lawyers: Prepaid service and specialization. 25 Guild Practitioner 12-17.

And see Matthews, 312.34; Habib, 423.DC.1; Evans, 423.Mich.1.

376. Small Claimants' Problems (and see 424, 425)
380. Confrontation
381. In Criminal Cases

381.5. Wilson v Gray (CA 9 #19380) (USSC) Facts: X DOCKET 45. May 1965: CA reversed, held Def counsel's decision was merely one of "trial strategy" and not a "fundamental" decision which required personal assent of Def. Nov 15: USSC denied cert.

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

381.9. Wilson v US (USSC) Facts: XI DOCKET 29. Cite: 382 US 864.
381.10. Brookhart v Janis (USSC) (205 NE2d 911) Jan 29, 1962: Def arraigned without lawyer, pleaded not guilty. Jan 31: Atty appointed: Def unable to make bond, jailed til trial. Mar 23, 1963: trial: Ct-appointed atty told Ct Def had signed waivers of jury; questioning by ct showed atty agreed to State's making prima facie showing of guilt, Def to offer no evidence nor cross-examine State's witnesses. Def said: "I would like to point out in no way am I pleading guilty to this charge." Convicted: 1-20 yrs. Def filed petition for habeas in Ohio Sup Ct; Ct appointed Commrs; recommended denial; Ct accepted finding. Apr 18, 1966: USSC reversed and remanded (8 and 1), Black, J: (1) Waiver of fed'l right is fed'l question controlled by fed'l law; (2) presumption against waiver of constitutional rights; (3) for waiver to be effective, must be clearly established there was intentional relinquishment or abandonment of known right or privilege; found atty waived, but Def did not waive anything except jury trial; held: "constitutional rights of a Def cannot be waived by his counsel ...[when] inconsistent with his client's expressed desire ... to . . . have a trial in which he can confront and cross-examine the witnesses against him"; distinguishing Henry v Mississippi, 59.27a, 379 US 443. Harlan, J, separate opinion.

Gerald A Messerman, Esq, Columbus, Ohio.

382. In Civil Cases

- 89 -

382.1. Williams v Zuckert (DC DC) Facts: XI DOCKET 29. DC held for Pl but refused to order his reinstatement. Case remanded to Civil Service Commn.
390. Jury Trials (see also 41, 42, 356, 360, 510)
UN DECLARATION OF HUMAN RIGHTS: Art 10.
391. Nature of Jury Trial
Announcement: Mar 24, 1965: NJ Sup Ct announced principals in civil cases will be urged to accept 6-member juries in Co Cir Cts to help clear calendar backlog.
391.8. California v Arguello (Calif Sup Ct) Facts: X DOCKET 115, XI DOCKET 29. Cite: 407 P2d 661.
391.10. Illinois v Capoldi (Ill Sup Ct, #38403) Jury in civil commitment proceeding returned directed verdict finding Def "sexually dangerous person." Sup Ct granted cert. Jan 17, 1966: Sup Ct granted ACLU leave to file amicus brief, which contends: (1) proceeding analogous to criminal trial, (2) directed verdict for state deprived Def of due process and jury trial (Ill Const, Art 2, §§2, 9; Sexually Dangerous Persons Act, Ch 38, Ill SHA Stats §105-5). Pending.

Amicus by Perry L Weed, Esq, for ACLU, 11 LaSalle St, Chicago.

392. Waiver of Jury

392.3. Ex Parte Jones (Texas Ct of Crim App, #38065) (389 SW2d 670) Pet convicted without aid of counsel, instituted habeas proceeding in app ct on that ground. Apr 1965: Tex ct rejected denial of counsel argument, ordered Pet's release because Pet had waived jury but prosecutor insisted on jury, defeating Pet's right to waive. Shortly before release date, Pet escaped from prison, now held on other grounds.

Gerald Weatherly, Esq, 309-11 Ellison Bldg, Ft Worth, Texas.

393. Improper Comment (and see 512)

393.1. Michigan v Burd (Mich Ct of App) (1 Mich App 178) Def charged with prison escape, being second offender; moved to amend information by striking latter charge; motion denied. Def appealed. May 17, 1966: Ct of App reversed: information "should be amended so as to insure that it will not place before the jury the accused's past criminal record prior to the jury's finding of guilt or innocence on the charge of escaping prison."

George Beach, Esq, 204½ S Jackson St, Jackson.

Amicus by Sol Plafkin, for ACLU, 4762 Second St, Detroit 1.

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.

Article: J Edward Lumbard, New standards for criminal justice. 52 ABAJ 431.

401. Amount of Bail Set

401.24. New York v Hutchinson (CA 2 #29982) Facts: XI DOCKET 29. May 18, 1966: CA affirmed remand to city ct.

James D Dougherty, Esq, 1 Wall St, NYC.

401.25. Pelletier v US (CA DC) (343 F2d 322) Def moved in trial ct for reduction of bail from $10,000; denied. Def moved for reduction in CA; denied without prejudice to filling motion for reduction in DC; held: (1) if trial ct set high bond to deter flight but knew Def could not provide it, trial ct bound to inquire whether other assurances would be adequate, (2) if bond set high to purposely deny release, administration of bail is distorted, (3) trial ct must properly consider motion for reduction.

Lester Bridgeman, Esq, Woodward Bldg, Washington, DC.

And see Josey, 322.12.

402. Conditions Imposed
403. Denial of Bail

403.15. Alcorcha v California (USSC) Def convicted of illegal possession of marijuana under Calif act. Super Ct denied motion for bail pending appeal to DCA; DCA denied motion; Sup Ct denied motion; DC denied motion. Apr 21, 1966: Douglas, J: "As Circuit Justice, I am without authority to grant bail when appeal to state ct is pending and no substantial fed'l questions raised which would be mooted by short prison term."
404. Miscellaneous Bail Problems
410. Cruel and Unusual Punishment (and see 461)
UN DECLARATION OF HUMAN RIGHTS: Art 5

Newsletter: Capital Punishment Q, Texas Society to Abolish Capital Punishment, PO Box 8134, Austin, Texas.

Article: Clarence H Patrick, The status of capital punishment: A world perspective. 56 Jour of Crim Law 397-411.

411. In Criminal Cases (and see 461)
And see cases at 304.

And see Jobson, 440.8.


411.21. Virginia v Wansley (Lynchburg) (Muni Ct) Facts: X DOCKET 46. Def's attys filed affidavit by Japanese woman presently in Hawaii, unwilling to return to testify under any circumstances. Police chief who testified that Def had confessed, committed suicide. White woman who before could not identify Def now states she can. Nov, 1965: retrial first on issue of stealing 12c and 2 bus tokens from white woman whom Def allegedy raped (death penalty crime): jury deadlocked, mistrial declared. Def moved for dismissal of charge of rape of Japanese woman. Ct granted prosecuting atty's motion for continuance. Other trials pending.
- 90 -

411.27. Easter v District of Columbia (CA DC) Facts: X DOCKET 116, XI DOCKET 30. Mar 31, 1966: CA reversed conviction for public drunkenness, held chronic alcoholic lacks necessary criminal intent because power of self-control lost in use of intoxicating beverages.
411.29. Crawford v North Carolina (CA 4, #1515) Facts: X DOCKET 151. May 11, 1965: Sup Ct denied petition for post-conviction review. Jan 18, 1966: DC denied petition for habeas corpus alleging capital punishment per se cruel and unusual punishment. Appeal pending in CA.
411.33. California v Ketchel, H B Sears, T E Sears (Calif Sup Ct) (63 AC 921) 1961: Defs involved in robbery and death of off-duty policeman. Tried, convicted of robbery-murder. Ketchel and T E Sears: death, H B Sears: life. 1963: Calif Sup Ct reversed death penalties, affirmed in all other respects. On retrial, Defs again given death. Jan 1966: Calif Sup Ct again reversed, this time entire convictions: based on confessions inadmissible under Escobedo, 372.34, IX DOCKET 98, 378 US 478, and Dorado, 372.37, X DOCKET 114, 398, P2d 361, decided subsequent to guilty phase of Defs' trial, but before opportunity for direct appeal had lapsed.

Fay Stender, Garry, Dreyfus and McTernan, Esqs, 341 Market St, San Francisco.

411.34. California v Hernandez (Santa Barbara Super Ct) Def pleaded guilty to charge of being in room where marijuana was present; sentence: 6 mths in jail or probation with condition she consent to sterilization. Def agreed to give consent prior to sentencing. May 23, 1966: Def refused sterilization; Ct revoked probation, reduced sentence to 90 days. Def released on habeas corpus pending hearing on probation condition.

Louis Renga, Esq, 1114 State St, Santa Barbara.

And see Re Andrada, 411.25, X DOCKET 116.

And see Josey, 322.12.

412. In Extradition Cases

412.15. Ex rel Hogan v Ogilvie (Ill Sup Ct, #39552) Pet-Negro serving term for robbery in Ala, escaped to Ill. Ala demanded extradition. Je 14, 1965: Ill Governor issued warrant of rendition. Jy 27: Rel petitioned for habeas. Cir Ct Cook Co issued writ. Sept 9: Cir Ct refused Rel's offer of evidence that as Negro fugitive he would be subject to brutal and unconstitutional treatment by Ala prison and law enforcement officials and would have no opportunity to remedy such abuse in Ala state or Fedl cts: quashed writ; remanded Rel to sheriff for extradition. Rel appeals: exclusion of evidence effected conclusive but false presumption Rel could get due process in Ala, and subordinated individual rights to fedl system; apparent conflict between 14th Amdt and extradition clause (US Const, Art 4, §2, par 2) should be resolved by establishing rebuttable presumption that demanding state will protect fugitive's rights. Pending.

Ronald Silverman and Joan C Miller, Esqs, 19 S LaSalle St, Chicago.

413. In Civil Cases
Legislation: Bill (HR 14182, S 3161) to amend 28 USC §2412 and provide for costs against the Gov't in civil actions.
413.8. Parrish v Civil Service Commn (Alameda Co DCA, #22556) Facts: X DOCKET 116. June 25, 1965: Brief for Pl: (1) bed check raids violate 4th Amdt, equal protection and due process; (2) because of unconstitutional character of raids, orders to carry them out cannot be constitutionally enforced; (3) refusal to comply with unconstitutional commands not punishable insubordination; (4) due process and equal protection clauses of US Const prohibit discharge of public employee who refuses to obey order which would render him liable to civil and criminal punishment. Pending.

Albert Bendich and Coleman Blease, Esqs, 2890 Telegraph Ave, Berkeley, Calif.

And see Ford, 421.Calif.11.

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.

Rights of Counsel, Appeal, 371.-372., 374.-375.

Rights of Criminal Defendants, 300.-490.

Rights 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.

OEO Legal Service Offices, 375.

Small Claimants' Problems, 376.

Suits for False Arrest, Police Practices, 304.

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

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

Newspaper: The Flatlands, Oakland—"Tell it like it is and do what is needed." Bi-mthyl. $5/yr outside Flatlands, 933 12th St, Oakland, Calif.

Articles: Edgar May, The disjointed trio: Poverty, politics and power. Calif State Dept of Social Welfare, Selective Reading Series, No. 1.

Edward V Sparer, Justine Wise Polier, Jean C Cahn, Law and poverty. Calif State Dept of Social Welfare, Selective Reading Series, No. 6.

Urban Poverty, Key List Mailing, Jan 9, 1966. 1316 Masonic, San Francisco.

Elizabeth Wickenden, National social welfare assembly medicare memorandum no. 2: Civil rights compliance.

The legal needs of the poor: A symposium. 66 Colum 247 (1966).

Brochure: Welfare Rights Organization: Welfare rights handbook. 520 7th St, Oakland, Calif. $1.00.

Congressional report: Services to the elderly on public assistance, Y 4.Ag4:Se6/3, 1966, Supt of Documents, GPO, Washington, DC 20402, 26 pp. 15c.

Pamphlet: Community action programs: Sanford Kravits, CAPS: Past, present and future; Saul Alinsky, Behind the mask; Frank Riessman and Martin Rein, The Third force: An anti-poverty ideology; Arthur Showtak, Containment, co-optation, or co-determination; Henry Cohen, CA: Instrument of change. 47 American Child No 4 (Nov 1965) 23 pp.

- 91 -

421. Social Welfare Programs—Local
Articles: Frank Riessman, The revolution in social work: The new professional. Calif State Dept of Social Welfare, Selective Reading Series, No. 4.

Martin Rein, The strange case of public dependency. Calif State Dept of Social Welfare, Selective Reading Series, No. 5.

Conference: California federation of the poor, Feb 26-27, 1966, in The Movement, Mar, 1966. 449 14th St., San Francisco.

Reports: Sol Gonzales and Ida Cousino, Discrimination against farm workers in welfare administration, The Movement, Mar 1966. 449 14th St, San Francisco.

Senate Fact Finding Committee on Labor and Welfare, California's public assistance programs, California State Senate, 1965.

Survey: US Commn on Civil Rights, Title VI . . . One year later, 1966.

And see LeVien, 440.5 for liability for self maintenance of mental patient.


421.Calif.6. California v E Simpson (Oakland) (Alameda Co Super Ct, Crim #37706) Facts: XI DOCKET 32. Def filed petition for habeas corpus: State Welfare Bd decision res judicata as to criminal proceedings: criminal proceedings improper means of reviewing Bd decision; DA asking review by trial de novo where mandamus under CCP 1094.5 is only means authorized. Mar 18, 1966: Super Ct denied petition. Apr 4: Def acquitted in nonjury trial.

Arthur Wells, Jr, Esq, 2890 Telegraph Ave, Berkeley.

421.Calif.11. California v Ford (USSC) (236 CA2d 438) Def, welfare recipient, warned that aid would be cut off if her friend Vitone was living with her. Def forced to sign form that she was living alone in order to have aid restored; welfare watched Def's house to see if Vitone's car was there at night and in morning. 1964: Def arrested: welfare fraud. 1965: convicted. August 9: DCA affirmed. Appeal to USSC challenged constitutionality of Calif's man-in-the-house rule which allows welfare to cut off aid if "stepfather or an adult male assuming the role of spouse to the mother although not legally married to her" is found in recipient's house. Apr 25, 1966: USSC dismissed appeal.

And see Parrish, 413.8; Johnson, 422.5.

421.Colo.2. Fleming v Colorado State Bd of Educ (DC Colo) Sept. 1962: Pl, physically handicapped 15 yr old girl, enrolled in school applying for special aid under Colo Rev State 123-22 guarantee of education for handicapped. Nov, 1962: Application denied; Pl's handicap certified by Chiropractor, not MD as required by Def's regulations. July, 1963: Pl filed suit to have Def approve application. April, 1965: Colo Sup Ct ordered Def to grant application, held regulation null and void. Feb 16, 1966: Pl sued for $60,000 damages alleging wrongful denial of special aid for 3 yrs. Pending.

Maley and Schiff, Esqs, 133 So Chase St, Denver.

421.Ga.1. In re Maeola Johnson (Worth Co) (Bd of Welfare App) Facts: XI DOCKET 32. Correction: no appeal filed; ADC reinstated after Atty demanded appeal forms.
421.Ga.2. In re Adine Colbert (Worth Co) (Bd of Welfare App) Facts: XI DOCKET 32. Correction: no appeal filed, ADC reinstated after Atty demanded appeal forms.
421.NY.1. Matter of G (NY Welfare Dept) Comp receiving state AFDC. Welfare investigator suggested Comp guilty of fraud, requested she submit to interrogation in his office. Comp refused, 5th Amdt privilege. Comp's welfare benefits reduced. Comp appealed: privilege against self-incrimination extends to interrogations by fraud investigators, cannot be used as basis for diminishing benefits. Pending.

Gerald Stern, Esq, 4758 Kenmore Ave, Alexandria, Va.

421.NY.2. Williams v New York (NY Ct of Claims) (46 Misc 2d 824, 260 NYS2d 953) Pl's mother raped by fellow patient while inmate in state mental institution. Pl brought suit against state for negligently causing Pl's illegitimate birth by failing to protect his mother and himself from forseeable harm. Ct held Pl stated cause of action.

Casenotes: 18 Stan L Rev 530 (1966), 66 Colum L Rev 127 (1966), 32 Brooklyn L Rev 235 (1965).

And see 62.6; 261.20; 261.22; 261.23.

422. Social Welfare Programs—Federal (and see 254, 255, 263, 346)
Articles: Charles E Hawkins, Welfare and child health provisions of Medicare Act, Welfare in Review, Aug, Sept, 1965, reprint by US Dept of HEW.

US Dept of HEW, Special types of public assistance: program facts, Aug, 1965.

Book: Margaret Greenfield, Health insurance for the aged. Inst of Governmental Studies, Univ of California, Berkeley, $2.

Pamphlets: US Dept of HEW, A constructive public welfare program, Sept, 1965.

US Dept of HEW, Serving people in need: public assistance under the Social Security Act, 1964.

Report: US Dept of HEW, Welfare Administration, from Annual Report, 1964.

And see Weiss, 255.2 and .3.


422.4. Schmiedigen v Celebrezze (DC DC) (245 FSupp 825) Pl-inmate in mental hospital denied lump-sum benefits when husband died since she was not living in same household with deceased at time of death as required by Social Security Act, 42 USC §402. Pl sued. DC, in reading exception into law, held that payments under OASI are not matter of gratuities or welfare but are based on contributory scheme in which recipient has vested interest.
422.5. Johnson v Arkansas Dept of Public Welfare, Georgia Dept of Family and Children's Services. (Dept of HEW) Defs practice policy of cutting off ADC when man lives with recipient even though he has no legal obligation to support her children. Jan 1966: Class action filed with HEW to hold hearing under §404, Social Security Act, attacking validity of this "substitute parent" doctrine as arbitrary, violates right to privacy, forces women to report relations with men or be denied aid for deception. Hearing pending.

John Walker, Esq, 1304 Wright Ave, Little Rock, Ark; C B King and Dennis Roberts, Esqs, PO Box 1024, Albany, Ga; Jack Greenberg, Charles H Jones, Jr, and Charles Stephen Ralston, Esqs, NAACP Inc Fund, 10 Columbus Circle, and Edward V Sparer, Esq, 2 E 91st St, all of NYC.

And see Ford, 421.Calif.11

And for effect of anulled marriage on right to Social Security payments, see Schroeder v Celebrezze, 244 FSupp 375 (1965).

- 92 -

423. Housing (and see 256, 530s)
Articles: Herbert J Gans, How to rehouse slum-dwellers, Current, May, 1966, p 46.

Robert F Kennedy, Using slum-dwellers to rebuild slums, Current, May, 1966, p 47.

Robert S Schoshinski, Remedies of the indigent tenant: Proposal for change. 54 Geo L J 519 (1966).

Newsletter: Weekly News Summary, Dept of Housing and Urban Development, Washington, DC.

Study: The problem of substandard housing in the Bay Area: Public administration. Boalt Hall Law School seminar, Law and poverty, Apr 27, 1966. 53 pp.


423.DC.1. Edwards v Habib (DC DC, #2570 '65) Mar 24, 1965: Pl, prospective tenant of Def, gave agent of Def list of needed repairs; agent promised to repair. Apr 3: repairs not completed; Pl moved in, nowhere else to go. Apr 27: Pl protested to Dept of Licenses and Inspection: conditions unsanitary, unsafe, uninhabitable; inspector found 39 violations, served list on Def with order for correction. May 20: Pl protested again; 5 new violations found. May 25: Def mailed eviction notice, not on proper date. Je 19: Def and secretary came to Pl's home at 7:30 AM, demanded rent. Pl replied rent not due; Def allegedly spoke to her in loud and insulting manner. Je 19: Def filed complaint against Pl in Landlord and Tenant Ct. Jy 1: Def accepted rent from Pl for period after notice to quit. Jy 13: Def obtained default judgment; Pl never received copy of complaint and summons. Def sent prospective tenants to Pl's home without informing Pl, entered unannounced with key, one visitor climbed through window. Aug 3: at h'g on motion to set aside default judgment, Def testified one of reasons for eviction was Pl's protests about conditions. L and T Ct set aside judgment for possession, dismissed complaint. Same day, Def mailed another notice to Pl to quit, raised rent from $120 to $200 per mth. Sept 24: Def again filed suit. Oct 1: Def sent repairman to premises, disconnected plumbing from kitchen sink, tore up kitchen floor leaving large hole, and left. Oct: Pl brought suit for injunction and $25,000 damages. Oct 11: L and T Ct issued default judgment for eviction against Pl. Pl sued. L and T Ct set aside judgment, restored case to trial calendar, held: (1) prima facie case shown by retaliatory eviction based on tenant's complaints to housing authorities; (2) landlord's actions did not violate tenant's right to petition for redress of grievances, nor was there state action here solely because of ct enforcement of landlord's private right (citing Black, J, diss, in Bell v Md, 552.Md.5 378 US 226, 345); (3) landlord did violate tenant's constitutional right to provide information to gov't concerning needed repairs, which is protected against interference by gov't and private persons; (4) Congress cannot be presumed to have ordered ct to injure gov'ts interest in enforcement of law by denying tenant's constitutional rights; (5) public policy of protecting tenants expressed in housing codes, so to punish tenant for seeking relief under them is inconsistent; (6) landlord may evict for any reason except to deny tenant right to inform gov't of violations of law. Dec 3: DC stayed judgment of lower ct provided rent is paid when due and acceptance of rent will not constitute waiver of any of Def's rights.

Brian M Olmstead, Esq, Neighborhood Legal Services Project, Law Office No 3, 3308 14th St NW, Washington, DC.

Contract: May 13, 1966: Tenants of Chicago slum began rent strike to force repair of bldg. May 20: Landlord and tenants, through their organization known as JOIN Community Action, signed collective bargaining agreement—believed to be first such contract in the country. Contract provides: (1) landlord recognizes JOIN as agent for tenants in bargaining matters; (2) elections to determine if necessary 60% of tenants are JOIN members; (3) landlord and JOIN comm will meet to work out tenant grievances not settled by comm and apt-manager; (4) arbitration comm will decide all issues not decided by comm and landlord; (5) tenants agree to pay rent as set in leases; (6) specific major repairs to be completed by July 3, 1966; (7) landlord agrees to maintain bldg in accord with city and state codes; (8) tenants agree not to strike, landlord agrees not to discriminate against or harass JOIN members or those who struck before agreement. Since contract was signed, extensive repairs have begun. JOIN believes it can now sue landlord in contract for any future failure to maintain bldg.

JOIN, 4533 North Sheridan, Chicago, Ill.

423.Ill.1. Krizer v Feldman (Cook Co Cir Ct, #66 CH 747) (Chicago) 1957-1966: Def-landlord found guilty on several occasions of numerous bldg code violations; at no time did Def correct violations. Pls have reported continued violations to state. After learning of such reports, Defs brought eviction notices against Pls, maintained forcible entry and detainer actions, discontinued heat, water, and other services to Pls, in violation of 80 Ill Rev Stat 71 prohibiting such actions. Pls seek to enjoin Def from further rent collection, harassment, and eviction attempts; ask that rent be paid to ct and used for rehabilitation of bldg; since Defs unwilling to maintain premises, ask that receiver be appointed to take possession and rehabilitate bldg. Pending.

Richard Newhouse, Julian H Levi, Esqs, Chicago.

423.Ill.1a. Chicago v Feldman (Cook Co Cir Ct, #65 CH 6904) Dec 1, 1965: Pl-City filed complaint for injunctive relief re premises in 423.Ill.1: Defs to permit inspection and correct code violations if possible; otherwise bldgs to be demolished; costs to be lien against rents or salvage value per Ill Rev Cities & Villages Act §11-31-1. Pending.

Raymond F Simon, Esq, Corporation Counsel, City of Chicago.

- 93 -

423.Ill.2. Bender v King (ND Ill) Feb 23, 1966: Def and civil rights group "took over" Pl's dilapidated tenement, kept rent money to apply to building repair. Mar 4: Pl sued asking that Def be enjoined from collecting rents and give accounting of rents already collected. April 5, 1966: DC enjoined Def from further interference with slum buildings, ordered accounting. City has charged Pl with 23 building code violations. Pending.
423.Mich.1. Evens and Basso v Christian and Lane (Wayne Co Cir Ct Commrs, #1,006,872) 1966: Def-tenants, 4 families in CORE, petitioned City Health and Fire Depts to force Pl-landlord to correct violations. Landlord sued to evict. Tenants filed brief: altho landlord can evict for no reason, can't evict for petitioning gov't for redress of grievances; requested jury trial. Trial adjourned several times while Defs held back 1 mth's rent til Pl made repairs: painting, plastering, plumbing; Pl made no real repairs in apts of Defs, only in apts vacated. At trial, difficulty locating enough chairs for jurors, called so seldom in such cases; Commr urged parties to settle. Commr held Pl did not give Defs proper eviction notice of 30 days. Pl filed new eviction notice: non-payment of 1 mth's rent. Pending.

James Lafferty, Esq, Natl Lawyers Guild, at Free Legal Aid Clinic, 4705 Grand River Ave, Detroit.

423.Mich.2. Detroit Housing Commn v McCullough (Wayne Co Cir Ct, #1,009,732) Def rented public housing from Pl, with rental contract allowing eviction without cause. Pl threatened to sue Def to evict without cause. Def argued that contract clause violated 14th Amdt. City attorney settled case, reluctant to test constitutionality of contract.

William Goodman, Esq, 3220 Cadillac Tower, Detroit, Michigan.

423.NY.2. Manigo v NYC Housing Authority (NYC Sup Ct, #2197 66) Feb 10, 1966: Suit filed to test standards for admission to public housing, use of arrest and youthful offender records to bar admission. Pending.

Nancy LeBlanc, Esq, 320 E 3rd St, NYC 10009.

423.NY.3. Tarver v C and C Construction Corp (SD NY, #30558) Pl-Negro tenants complained to county health dept about unsanitary conditions. Def-landlord raised rent from $35/wk, sought to evict tenant in state ct action. Pl sues in DC for violation of constitutional rights, asks preliminary injunction to stop eviction and raise in rent until trial. Nov 10, 1964: Ct granted preliminary injunction.

William M Kunstler, 511 Fifth Ave, NYC.

And see 34 Negro Families, 531.18.

423.NC.1. Housing Authority v Thorpe (Durham) (NC Sup Ct) Facts: XI DOCKET 33. Appeal to NC Sup Ct denied. Petition for cert pending.

M C Burt, Jr, R Michael Frank, Esqs, 1100 Vermont Ave NW, Washington, DC.

424. Credit Problems (and see 376)
Article: Edward Fritz, How lawyers can serve the poor at a profit, 52 ABAJ 448-49.

Report: Southern Regional Council, Cooperatives, credit unions and poor people, 5 Forsyth St NW, Atlanta 3, Ga. Mar, 1966.

Student Research: Arthur Fine, Douglas Jacobsen, Larry Marshall, Straight bankruptcy and wage earner's plan: Relief for the indigent debtor? Boalt Law School. 1966. In Meiklejohn Civil Liberties Library.

425. Warranties, Service (and see 376)
426. Family Problems (and see 560s)
Article: Justine Wise Polier, The legal needs of the poor, Problems involving family and child. Calif State Dept of Social Welfare, Selective Reading Series, No 6.

William Ryan, The savage discovery; The Moynihan report. The Nation, Nov 22, 1965, Key List Mailing, 1316 Masonic, San Francisco, Feb 20, 1966, KLM 129.

And see Hernandez, 411.34; Richardson, 531.19.

427. Employment Problems (and 263, 346, 570s)
Speech: Ralph Helstein, Coverage of farm warkers under NLRB, Senate subcommittee on migratory labor hearings in Sacramento, Mar 14, 1966 in Key List Mailing, Mar 20, 1966. 1316 Masonic Ave, San Francisco. 50c.
427.2. Re Unemployment Insurance Benefits (Los Angeles) (State Unemployment Ins App Bd) Man arrested, held 48 hrs on trespassing charge, later dropped. Bd held Pet loses unemployment insurance benefits because under arrest, even though never proved guilty of any crime; held unavailable for work while in custody.
427.3. Carr v Industrial Commn (Ariz Ct of App) (408 P2d 411, 1965) Pl awarded industrial accident compensation. Def-Commn terminated award without notice. Ct held: once award is made, Commn, although it retains jurisdiction, cannot alter or amend award without giving parties a hearing.
429. Miscellaneous (and see 13, 57, 59, 490)
WATTS REVOLT: (Los Angeles, Aug 11-16, 1965) Facts: XI DOCKET 34-5.

Articles: On Watts, war on poverty, Oakland, Calif. Key List Mailing, April 3, 1966. 1316 Masonic Ave, San Francisco. 50c.

Reports: ACLU of So Calif, Police malpractice and the Watts Riot, 25 statements and declarations taken by investigators, Aug 23, 1965-Sept 11, 1965.

Governor's Commn on the LA riots, Violence in the city—an end or a beginning? 101 pp, Dec 1965, P O Box 54708, Los Angeles.


429.2b. California v Frye (Los Angeles) (App Dept, LA Super Ct, #CA A66r3, CR A66r4) Facts: XI DOCKET 34. Feb 18, 1964: Judgments affirmed, motions to withdraw guilty plea denied.
429.3. California v Watkins (Los Angeles Co) Aug 14, 1965: Def-Negro arrested. Aug 17: arraigned, not represented by atty; charge: burglary; bail: $4,900; Def unable to make. Aug 21: preliminary h'g, Ct appointed public defender, reduced bail to $250, Def released on bail. Sept 13: Def entered plea of not guilty represented by different public defender. Sept 29: 25 minute interview with public defender. Oct 25: trial date.

And see Watkins, 429.4.

- 94 -

429.3a. California v Proctor (Los Angeles Co) Aug 14, 1965: Def-Negro arrested. Aug 18: Def arraigned without atty; Ct did not inquire re prior convictions or present employment, set $4,950 bail; Def unable to make. Aug 20: preliminary h'g, Ct appointed public defender, 2 minute consultation with Def; Ct reduced bail to $2,500; Def still unable to make. Def wrote many letters to public defender requesting interviews, unsuccessful until Oct 3: 6 minute interview. Def spent Aug 14-Nov 17 in jail awaiting trial. Nov 17: trial, Def found guilty: 5 days in Co Jail.

And see Watkins, 429.4.

429.3b. California v Robinson (Los Angeles Co) Aug 12, 1965: Def-Negro arrested; bail: $250. Aug 13: released on bail. Aug 18: arraignment: unrepresented; charge: misdemeanor disturbing the peace; pleaded not guilty, $1,000 bail. Aug 21: bailed out. Sept 7: preliminary h'g: Def asked Ct to be represented by NAACP atty; Ct urged Def to accept representation by public defender; Def refused appointment of public defender. Def contacted NAACP, unable to pay private counsel. Oct 15: trial date.

And see Watkins, 429.4.

429.3c. California v Hylton (Los Angeles Co) Aug 14, 1965: Def-Negro arrested. Aug 19: arraigned without counsel; charge: burglary; bail: $4,500; unable to make. Aug 24: Preliminary h'g: Ct appointed public defender; 5 minute consultation, Ct released Def on own recognizance. Sept 8: Def appeared to plead: Ct assigned different public defender; 10 minute consultation re Def's financial status and circumstances of arrest. Sept 16: Represented by 3d public defender, Def pleaded not guilty. Def called public defender's office for appointment, assigned to 4th atty. Nov 10: trial date.

And see Watkins, 429.4.

429.4. Watkins, Robinson, Hylton, Proctor v Los Angeles Co Super Ct and Super Ct Judges; Los Angeles Municipal Ct and Muni Ct Judges; Los Angeles Co Juvenile Ct and Judge (USSC, #784) Aug 1965: Pets, Defs in 429.3, .3a, .3b, .3c, all Negroes, arrested for felonies or misdemeanors during Watts arrests. Pets allege excessive bail set at initial arraignment without ct inquiry into Pets' ability to retain counsel or ct appointment of counsel. At preliminary h'gs, Co public defender appointed to represent Defs and 4,000 other Watts Defs; 108 attys in public defender's office, normal work load of 4 cases/wk. Different defenders appointed to represent Pets at different stages, consulted with Pets for only 5-10 minutes before h'gs because defending 6-7 Defs/wk for 6-week period. Oct 8: Pets filed class suit on behalf of themselves and all other Watts Defs in Calif Sup Ct alleging denial of right to adequate legal counsel, only 5 public defenders assigned to Juv Ct altho 534 juveniles arrested, detained, disposed of in 5-6 weeks, prayed in alternative for mandamus and prohibition to: (1) appoint counsel with adequate time for preparation; (2) nullify any prior proceedings where Pets prejudiced by lack of counsel, or to enjoin Defs from proceeding with trials of Pets. Oct 11: Sup Ct transferred petition to DCA. Oct 18: DCA, 2d Dist, denied writ without opinion. Nov 3: Calif Sup Ct denied h'g without opinion. Nov 30: Pets filed petition for certiorari in USSC. Dec 6: Douglas, J, denied motion for stay or injunction or expedited disposition of petition, referred to whole ct. Jan 1966: USSC denied cert.

Jack Greenberg, Leroy D Clark, Charles S Ralston, Esqs, NAACP Inc Fund; Raymond L Johnson, Esq, 4840 W Washington Blvd; Herman T Smith, Esq, 600 E 103rd St, both of Los Angeles; Anthony G Amsterdam, Esq, 3400 Chestnut St, Philadelphia.

See WHAT'S NEW, 7/66, p 1.

Student Research: William Stahl, School disciplinary procedures in Oakland School District. Boalt Law School. 1966. In Meiklejohn Civil Liberties Library.

Permelia Hulse, Education v Poverty: The issue defined. Boalt Law School. 1966. In Meiklejohn Civil Liberties Library.

Report: W Virginia Human Rights Commn, New Year's Eve Incident. State Capitol Bldg, Charleston, W Va.

430. Due Process for Juvenile Offenders (see 56)
UN DECLARATION OF HUMAN RIGHTS: Art 25(2)
430.4. Application of Gault (USSC) (407 P2d 760) Facts: XI DOCKET 35. May 9, 1966: Appeal filed in USSC.

Norman Dorsen, NY U School of Law, Washington Square, NYC 10003; Melvin L Wulf, 156 Fifth Ave, NYC 10010; Amelie D Lewis, PO Box 370, Sun City, Ariz 85351.

430.5. Kent v US (USSC) (343 F2d 247) Facts: X DOCKET 152. CA affirmed. Mar 21, 1966: USSC reversed and remanded (5-4), Fortas, J: (1) did not pass on basic issue of justifiability of denying rights to juveniles which are available to adults without Gov't, as parens patriae, evidencing special solicitude for juveniles commanded by Juvenile Ct Act; (2) held Juv Ct order waiving its jurisdiction and transferring trial to DC was invalid; (3) held determination whether to transfer child from Juv Ct to DC is "critically important" proceeding; (4) held as a condition to valid waiver order, Def entitled to: due process h'g, including access by his counsel to probation and other reports, and statement of reasons for decision.

Stewart, J (Black, Harlan, White, JJ) diss.

430.6. Illinois v Harden (Ill App Ct, 4th Dist, #10701) Mar 31-Apr 2, 1965: Negro Def, 18, without counsel, arrested: pandering, soliciting for prostitute (Ill Rev Stats Ch 38, §§11-15, 11-16); arraigned, tried, convicted, sentenced (2-5 yrs), taken to penitentiary. Apr 6, 1965: Def filed motions in arrest of judgment and for new trial. Je 10: Champaign Co Cir Ct denied motions. Def appealed: Because of inadequate advice and investigation by Cir Ct, Def unknowingly and involuntarily waived rights to counsel, indictment (Ill Const Art II §8), continuance granted by magistrate at preliminary h'g, jury trial, mitigation h'g (Ill Rev Stats Ch 38, §1-7g); Def had inadequate time to prepare defense, unknowingly and involuntarily entered guilty plea; minor Def cannot waive constitutional rights unless represented by counsel; sentence excessive. Pending.

Gerald M Penner, Esq, 111 W Monroe St; Ronald H Silverman, Esq, 19 S LaSalle St; Joel J Sprayregen, Esq, 38 S Dearborn St; all Chicago 3; ACLU.

- 95 -

430.7. Dillenberg v Maxwell (Wash Sup Ct) (413 P2d 940) Sept 20, 1962: Def ran away from home at age 16, arrested when fled from deputy sheriff. Sept 25: Chief probation officer signed order surrendering Def from juvenile ct to Super Ct. Tried for second degree burglary: Convicted. Habeas corpus petition denied. April 28, 1966: Sup Ct reversed; Super Ct was without jurisdiction to take case of juvenile with release signed only by probation officer.

And see New Jersey v Loray, 372.59.

440. Due Process for Incompetent Defendants
Article: Civil commitment of the mentally ill: Theories and procedures, 79 Harvard 1288 (1966).
440.4. Millard v Cameron (CA 4) Pl confined in hospital as sexual psychopath, sued for release. DC held for Def. Pl appealed: only commission of dangerous act justifies confinement as sexual psychopath. Mar 1966: argued before CA. Pending.

David Carliner, Jeffrey Bauman, Esqs, NCA-ACLU, 1101 Vermont Ave NW, Washington, DC.

440.5. New Jersey v LeVien (NJ Sup Ct) (44 NJ 323, 209 A2d 97, 1965) Def judged insane, sent to state hospital where he killed 2 other patients. Def sent to maximum security hospital. Def sued, contended he had right to criminal proceedings after killings and if judged criminally insane, then state would be liable for his maintenance rather than Def's estate. Sup Ct ruled no right to criminal proceeding and, even tho judged criminally insane, Def would still have been liable.
440.6. Pennsylvania v J Harris (Pittsburgh Super Ct, #310) April 1963: Def was inmate of Byberry Hospital for 90 day observation under 1951 Mental Health Act, 50 P S 1071; Def escaped and participated in series of armed robberies. May: Def arrested. Jy: Def committed to state hospital as mentally ill. June-Oct: Def pleaded guilty to armed robberies, found guilty: 15-30 yrs. Def moved to vacate sentences and set aside guilty pleas on ground 50 PS 1071 mandates stay of proceedings against prisoners committed to mental hospital while awaiting disposition of charges against them. Super Ct denied motion. Appeal pending.

Marjorie H Matson, Esq, 1706 Law & Finance Bldg, Pittsburgh, Pa 15219.

440.7. Kaminstein v Brooklyn State Hospital (Kings Co Sup Ct) (49 Misc 2d 57, 266 NYS2d 916, 1966) Pl-mental patient sought release in habeas corpus proceeding. Def-hospital refused to apply new law requiring periodic court authorization for retention of patients, claimed law not retroactive. Sup Ct held law retroactive, patients shouldn't be subjected to "perpetual and unending forced incarceration"; sustained writ but ordered Pl remanded to Def's custody following establishment of continuing illness; directed Def to apply to court for order authorizing continued retention; directed Def to apply for such orders for all involuntary patients admitted before new law; directed Mental Health Information Service to report on desires of all voluntary patients for court hearings and orders relative to their retention. Appeal pending.

And see Rogers, 372.54.

440.8. Jobson v Henne (355 F2d 129) (CA 2) Pl, inmate of NY State School for Mental Defectives, sued under 42 USC §1983, alleged he was forced to work 16 hrs a day; charged violation of 13th Amdt prohibition against involuntary servitude. DC held no cause of action, state officials immune from common law tort liability. CA reversed (2-1): while state may lawfully require non-compensatory chores from inmate, some programs might be so ruthless that court could conclude Pl had been subjected to involuntary servitude; held state officials who initiated work program without specific legislative direction not immune from common law tort liability.
450. Post-Conviction Remedies
Form: Motion, affidavit to appeal in forma pauperis, by George W Crockett. CIVIL RIGHTS HANDBOOK pp 189-190.

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

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

And see Ex parte Banks, 55.Ala.2a.

452. In Federal Courts in State Cases
453. In Federal Cases
Forms and discussions: 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.
454. Compensation for Victims of Violence
Article: David L Foulkes, Compensating victims of violence, 52 ABA Jour 237-239.

Legislation: S 2155, Criminal Injuries Compensation Act, to provide for victims of violence.

Resolution: Barney Rosenstein and Comm, The need for compensating victims of violence. Natl Lawyers Guild Convention. 1965. 24 The Guild Practitioner 145-48.

460. Sentencing and Clemency Procedures
461. Sentencing Process (and see 411)
Article: James B Appel and Neil J Peterson, What's wrong with punishment? 56 Jour of Crim Law 446-462.
461.8. Michigan v Johnny Harper (Mich Sup Ct) Jan 6, 1966: Def appealed sentence for illegal sale of narcotics, alleging denial of equal protection because illegal sale by licensed person carries 1-10 year sentence while sale by unlicensed person has 20 year minimum sentence. Pending.

CLU amicus by Asher Rabinowitz, Esq, 1600 Washington Blvd Bldg, Detroit.

461.9. Michigan v Moore (Mich Ct of App, #142) 1938: Moore convicted of 1st degree murder; later voided. 1958: Moore convicted of 2d degree murder; 25-40 yrs. Feb 12, 1966: appeal based on law which makes granting of credit on reversed time mandatory; query: is it retroactive? Pending.

William Culver, Esq, 403 Kalamazoo Bldg, Kalamazoo, Mich; Sol Plafkin, Esq, 4762 Second St, Detroit.

- 96 -

462. Applications for Probation
463. Applications for Parole
Program: US Atty Genl, US Bureau of Prisons, Permitting release of federal prisoners for work and emergencies. Press release, Dept of Justice, Mar 22, 1966.
463.2. Michigan v Mallory (Mich Sup Ct, #51212) 1962: Def convicted of breaking and entering; 15 yrs. 1964: Def paroled. May 11, 1964: Def convicted of misdemeanor; 90 days, found "automatically guilty of parole violation," ordered to serve remainder of felony conviction. Sept 21: Def, in pro per, moved for appointment of appellate counsel and for free transcript for appeal purposes. Oct 29: Ct denied motion on ground that case moot because misdemeanor sentence already served. Ct of App denied motion, denied leave to appeal. Sup Ct granted leave to appeal. Issues: whether indigent Def is entitled to appointment of appellate counsel for appeal from misdemeanor and to free transcript; whether case is moot, when later sentence has been served and Def still imprisoned as direct result of conviction. Pending.

Rolland R O'Hare and Sheldon M Meizlish, Esqs, 1256 Penobscot Building, Detroit.

463.2a. Michigan v Copeland (Mich Sup Ct, #51213) Similar facts, same status, attorneys as in Mallory, 463.2.
464. Applications for Pardons or Executive Clemency
Article: Solie M Ringold, Dynamics of executive clemency. 52 ABA Jour 240.
465. Applications for Expungement or Certificates of Rehabilitation
And see Otsuka, 502.Cal.3.
466. Parole and Probation Problems

466.1. Gebhart v Gladden, Warden (Ore Sup Ct) May 1964: Petitioner pleaded guilty to charge of burglary not in a dwelling house; placed on 40 mths probation. Aug 1964: Pet arrested: drawing check with insufficient funds on deposit (misdemeanor). Pet not advised and did not know of right to counsel. Pet found guilty, placed on probation for 3 yrs; Pet's burglary probation revoked, Pl sentenced to 3 yrs due to bad check conviction at h'g at which indigent Pet not advised of and did not know of right to have counsel appointed for him. Appeal pending.

Amicus brief by Jack B Schwartz, Esq, 111 Wilcox Bldg, Portland, Ore, for Ore ACLU.

490. Miscellaneous Due Process (and see 429)

490.25. Giacco v Pennsylvania (USSC, #831) Facts: X DOCKET 118. Jan 19, 1966: USSC reversed (unan), Black, J: (1) state law permitting collection of costs from acquitted misdemeanant, whether labelled "civil" or penal, must meet the 14th Amdt challenge that it is unconstitutionally vague; (2) act is standardless, places no conditions on jury's decision re costs; (3) ct-created conditions still leave jury broad power, as did jury instructions.
490.27. Michigan v Thomas (Mich Sup Ct) Feb 1957: Def escaped from prison officer while released in his custody to attend funeral of sister. 1962: Def taken into custody. Sept 1963: Def tried and convicted of escape and for being habitual criminal; sentenced 5-15 yrs. Apr 19, 1965: Ct of App affirmed. Sept 1965: Sup Ct granted leave to appeal; issues on appeal: (1) tried and convicted under ex post facto escape law, (2) denied right to counsel of own choosing and employment, (3) denied compulsory process to obtain defense witness, (4) testimony on prior convictions allowed before establishing present offense, (5) venue and jurisdictional problems. Pending.

Ronald Resoti, Esq, 2905 Cadillac Tower, Detroit 48226, for Mich ACLU.

490.28. Lewis v Aderholdt (USSC) 1965: Pl suspected of stealing property; property impounded by Def, police property clerk. Pl never charged with stealing, seeks return of property. Pending.

CLU amicus by Armand Dirfner and Monroe H Freedman, Esqs, 1101 Vermont Ave NW, Washington, DC.

490.29. New Jersey v Wolf (NJ Sup Ct) Jan 24, 1966: Ct barred state from seeking death penalty on retrial of murder case which resulted in a life sentence first time, "since state has granted under universal right to appeal, it must not limit the right by requiring Def to barter with his life for the opportunity of accepting it."

And see Supple, 112.31.

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

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

Review: Dennis J Roberts, Southern justice by Leon Friedman, 54 Calif 303.

Reports: US Commn on Civil Rights, Law enforcement: A report on equal protection in the South. 1966.

W Va Human Rights Commn, Annual report—1964-65.

Anti Defamation League of B'nai B'rith, State civil rights legislation—1965. 315 Lexington Ave, NYC.

Books: Hodding Carter, So the Heffners left McComb. 1965. Doubleday. 142 pp. $3.50.

Loren Miller, The petitioners: The story of the Supreme Court of US and the Negro. 1966. Pantheon. 455 pp. $8.95.

Booklet: Discrimination and how nine people fought back. Conn Commn on Civil Rights. 1966.

Publications: New South. Regional Council, 5 Forsyth St NW, Atlanta, Ga. $3/yr.

SCLC Newsletter, 200 W 57th St, NYC 10010. W Va Human Rights Commn Newsletter, State Capitol Bldg, Charleston, W Va.

Constitutional Amdt: Dec 14, 1965: Conn Const, Art I, §20: "No person shall be denied the equal protection of the law nor be subjected to segregation or discrimination in the exercise or enjoyment of his civil or political rights because of religion, race, color, ancestry or national origin.

Model Act: Norman Dorsen, The prospects for a model or uniform civil rights act. Prepared for Special Comm on Civil Rights, Natl Conf of Commissioners on Uniform State Laws. 65 pp.

Statement: Dec 1965: Answer to NAACP petition to Natchez city council calling for redress of various wrongs, by Mayor and Bd of Aldermen. Provisions: (1) Negro police will be employed if qualified; (2) laws will be enforced equally against all; (3) housing code will be passed in future; (4) program of capital improvements will be undertaken; (5) city employees shall treat all citizens courteously. Answer also asks Negro community to be patient, to halt picketing, boycotts, marches and demonstrations.

Article: John Honnold, Bourgeois bar and the Mississippi movement, 52 ABA Jour 228-32.

Case note: Equal protection clause: Enforcement of constitutionally valid ordinance: Administrators' motive in forcing statute: New York v Walker (14 NY2d 901, 200 NE2d 779, 252 NYS2d 96, 1964) 50 Cornell 309-15.

- 97 -

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

Article: William Higgs, LBJ and the Negro Vote: Case of the missing registrars. The Nation, Dec 13, 1965 in Key List Mailing, 1316 Masonic Ave, San Francisco, Mar 20, 1966. 50c.


501.Ala.2. US v Alabama (MD Ala, #479-E) Facts: XI DOCKET 37. Cite: 10 RRLR 1682.

Analysis: Alabama election, spring 1966. Regional Council, 5 Forsyth St NW, Atlanta. 8 pp.

Alabama voting problems. Key List Mailing, May 1, 1966. SNCC, 1316 Masonic Ave, San Francisco 94117. 50c.

501.Ala.3a. US v Alabama (Bullock Co) (MD Ala) After 1965 Voting Rights Act, Negro registration rose rapidly in Co. Ala legislature enacted law to extend terms of Co Commrs until 1968. Mar 22, 1966: Justice Dept sued to invalidate law: 1965 Act, Title V, requires clearance of any change in election procedure. Pending.
501.Ala.6b. US v Democratic Comms (Greene and Sumter Cos) (SD Ala) May 3, 1966: Co officials prevented fedl observers from viewing election procedures. May 18, 1966: Dept of Justice sued to require officials to allow fedl observers to view election procedures. Pending.
501.Ala.8a. US v Democratic Comm (Dallas Co) (SD Ala) Negrosupported candidate polled majority in primary. Democratic party executive comm announced it would not accept votes from 6 Negro voting boxes. May 5, 1966: Dept of Justice sued for order to Def to declare candidate nominated.
501.Ala.12. US v Logue, Bd of Reg (SD Ala) Facts: X DOCKET 49, 118; XI DOCKET 36. Cite: 344 F2d 290 (1965).
501.Ala.15. US v Strong (Elmore Co) (MD Ala, N Div, #1957-N) Facts: XI DOCKET 37. Cite: 10 RRLR 1682.
501.Ala.16. US v Alabama (MD Ala, #2255N) Facts: XI DOCKET 37. Mar 3, 1966: 3-judge fedl ct enjoined state officials from collecting poll tax; held tax unconstitutional.

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

501.Ala.17b. Reynolds v Katzenbach (SD Ala, S Div, ##3922-65 and 3923-65) Facts: XI DOCKET 37. Cite: 10 RRLR 1674.
501.Ala.18. Pls v Registrar (Lowndes Co) (MD Ala) Negro Pls sued for declaratory judgment vacating all elective offices, alleging minority white population had seized all political power in Co, failure to grant relief would leave majority ruled by unconstitutional minority. Mar 31, 1966: 3-judge ct dismissed suit, held such action would disrupt gov't; Pls should have sought relief at time officials originally elected.

William L Kunstler, Esq, 511 5th Ave, NYC.

501.Ala.19. US v Democratic Comm (Marengo Co) (MD Ala) May 3, 1966: Co officials prevented Fedl observers from observing election procedures. May 18: Dept of Justice sued to require Co officials to allow fedl observers to view election procedure. Pending.
501.Alaska.1. US v Alaska (DC DC) Dept of Justice sought declaratory judgment against Def's literacy test under 1965 Voting Rights Act. Test suspended pending decision. May 24, 1966: Dept of Justice agreed to entry of consent judgment. 3-judge panel declared that for past 5 yrs. Alaska's literacy test has never been used to deny right to vote on racial basis.
501.La.8b. Perez v Rhiddlehoover (Plaquemines Parish) (ED La, New Orleans Div, #15914-B) (247 FSupp 65, 10 RRLR 1691) Facts: XI DOCKET 38. Oct 19, 1965: After DC dissolved state's injunction against registration of certain persons, DC heard Pl's motion to remand and Def's motion to dismiss, denied both. DC retained jurisdiction to interpret state law on merits. Pending.
501.La.9. US v Ward (WD La, Monroe Div, #8547) (10 RRLR 1697) Facts: XI DOCKET 38. Oct 22, 1965: After passage of 1965 Voting Rights Act, Pl filed petition for reh'g. CA 5 held Act provides 5-yr freezing period, forbids use during such time of any voter qualification "test or device" as defined in Act.
501.La.18. Davis v Gallinghouse (ED La, New Orleans Div, #15910-B) (10 RRLR 1684, 246 FSupp 208) Facts: XI DOCKET 38. Injunction suit against registrar. Sept 30, 1965: DC held: no discrimination against Negro applicants, or deliberate slow down in registration process; increasing proof of residence did not create new test or qualification for registration within scope of Voting Act's freezing doctrine, as registration no more difficult than before.
501.La.22. US v Harvey, Landowners (W Feliciana) (ED La, Baton Rouge) (250 FSupp 219, 11 RRLR 236) White Def landowners threatened eviction of Negro sharecroppers and cash renters if they registered or voted. Dec 20, 1965: Dept of Justice, in first voter intimidation suit under 1965 Voting Rights Act, sued for temporary restraining order, injunctions against evictions. Dec 23, 1965: DC issued temporary restraining order. Feb 4, 1966: DC vacated temporary order; held no evidence Defs used any threats or coercion.
- 98 -

501.Miss.20a. Hamer v Campbell (formerly MFDP v) (Sunflower Co) (CA 5, #22552) Facts: X DOCKET 153, XI DOCKET 38. 1965: DC refused to enjoin local election on Pl's claim that Negroes denied representation. Pls attempted to amend complaint to add other Pls from other communities. Mar 11, 1966: CA 5 reversed; held 2 yr local poll tax requirement deprives Negroes of right to vote; DC should have enjoined Je 1965 election; vioded 1965 elections; held complaint may be amended and the fact issue, whether additional Pls represent their class, triable on remand.
501.Miss.22. US v Mississippi (SD Miss, #3791) Facts: XI DOCKET 39. Apr 8, 1966: 3-judge fedl court enjoined state officials from enforcing poll tax; held tax unconstitutional.

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

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

501.Miss.24. US v Registrar (Rankin Co) (ND Miss) Jan 1966: Registrar suspended registration, otherwise failed to comply with Voting Rights Act. Apr 8, 1966: Gov't filed suit charging discrimination. Pending.
501.Miss.25. Boyd v Johnson (Bolivar and Clay Cos) (ND Miss) Feb 22, 1966: New law enacted requiring 10 day notice of candidacy, petition and affidavits for school bd elections. Pls, Negro candidates for school bd, sued to prevent enforcement of this law in Mar 5 election: lack of notice as required by statute; inadequate opportunity to comply, law designed to eliminate Negroes from election. Mar 2: DC enjoined Co Sup'ts of Educ from enforcing new statute for Mar 5 election.

Richard E Tuttle, John H Doyle, III, James M Cassidy, Esqs, President's Comm, 233 N Farish St, Jackson.

501.NY.4. Morgan v Katzenbach (DC DC, #1915-65) (247 FSupp 196) Facts: XI DOCKET 39. Cite: 10 RRLR 1707.

And see 501.NY.5, .6.

501.SC.1. South Carolina v Katzenbach (USSC) (382 US 898) Facts: XI DOCKET 39. Mar 7, 1966: USSC dismissed Pl's bill (8½-½), Warren, CJ: (1) To decide before Pl's Je 1966 primary election, appointment of trial master dispensed with; (2) all states invited to participate amicus, majority did; Found: (1) "Congress concluded [after h'gs] that the unsuccessful remedies . . . prescribed in the past would have to be replaced by sterner and more elaborate measures . . . to satisfy the clear commands of the Fifteenth Amdt," reciting history of denials of voting rights to Negroes since 1870; "Despite the earnest efforts of the Justice Dept and of many fed'l judges, [1957, 1960, 1964 Civil Rights Acts] . . . have done little to cure the problem of voting discrimination. According to estimates by the Atty Genl . . ., registration of voting age Negroes in Ala rose only from 10.2% to 19.4% betwn 1958 and 1964; in La . . . from 31.7% to 31.8% betwn 1956 and 1965; and in Miss . . . from 4.4% to 6.4% betwn 1954 and 1964. In each instance, registration of voting age whites ran [at least] . . . 50 percentage points . . . ahead of Negro registration"; (2) only §§4(a)-(d), 5, 6(b), 7, 9, 13(a), 14 to be reviewed now, other challenges premature; (3) Aug 7, 1965: Act's coverage formula extended to: SC, Ala, Alaska, Ga, La, Miss, Va, NC—26 cos, Ariz—1 co; Nov 19: Ariz—2 cos, Haw—1 co, Ida—1 co; (4) Suspension of tests, §4(b): SC temporarily barred from enforcing 23 SC C 62(4) requiring voters to "both read and write any sections of [state] Const . . . or . . . show that he owns, and has paid all taxes [for last yr] . . . on, property in . . . state assessed at three hundred dollars or more"; (5) Fedl examiners, §6(b): Oct 30, 1965: Atty Genl certified need for fedl examiners in 2 SC cos (also in 11 cos in Ala, 5 parishes in La, 10 cos in Miss); none have sought withdrawal of examiners as provided in Act.

Held: (1) "person" in due process clause of Fifth Amdt does not mean a state; (2) bill of attainder and separation of powers only protections for individual persons and private groups; (3) "As against the reserved powers of the States, Congress may use any rational means to effectuate the constitutional prohibition of racial discrimination in voting"; (4) Fifteenth Amdt §1 self-executing, supersedes contrary exertions of state power; §2 indicates Congress to be chiefly responsible for implementing §1; "Congress exercised its authority under . . . Fifteenth Amdt in an inventive manner . . . [in] . . . Act of 1965"; (5) doctrine of equality of states applies only to terms on which states admitted to Union, and not to remedies for local evils which subsequently appeared; (6) Coverage formula based on (a) use of tests and devices for voter registration, (b) 1964 Presidential voting rate 12 points below nat'l average; "Congress is clearly not bound by the rules relating to statutory presumptions in criminal cases when it prescribes civil remedies against other organs of gov't under §2 of the Fifteenth Amdt"; "Congress might appropriately limit litigation under this provision to a single ct in . . . DC"; (7) Suspension of tests: "record [Sen and House Reports] shows that in . . . SC, various tests and devices have been instituted [to disfranchise . . .] Negroes, . . . and have been administered in a discriminatory fashion for many yrs. . . . Fifteenth Amdt has clearly been violated"; suspension of literacy tests for 5 yrs from last occurrence of substantial voting discrimination was "legitimate response" to "political subdivisions which had been allowing white illiterates to vote for yrs"; (8) Review of new rules: "State or political subdivision wishing to make use of a recent amdt to its voting laws . . . has a concrete and immediate `controversy' with the Fedl Govt"; (9) Fed'l examiners: "After enduring nearly a century of widespread resistance to the Fifteenth Amdt, Congress has marshalled an array of potent weapons against the evil"; held Voting Rights Act sections constitutional, bill of complaint dismissed. Black, J, conc and diss (as to (8)).

Amici supporting Atty Genl: Calif, Ill, Mass, Haw, Ind, Ia, Kan, Me, Md, Mich, Mont, NJ, NY, Okla, Ore, Pa, RI, Vt, W Va, Wis.

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) Facts: XI DOCKET 39. Feb 9, 1966: 3-judge fedl court ruled tax unconstitutional violation of 14th Amdt. Feb 23, 1966: Black, J, declined to suspend fedl court ruling pending its appeal. State legislature enacted law allowing free 15 day registration of those previously barred by tax. Additional 600,000 registered during period.

And see 501.Ala.16; 501.Miss.22; 501.Va.4.

- 99 -

501.Va.1. Butts v Harrison (USSC) Facts: X DOCKET 52, 119, 153, XI DOCKET 39.

and

501.Va.3. Harper v Virginia State Bd of Elections (USSC) Facts: X DOCKET 119, XI DOCKET 39. Mar 24, 1966: USSC reversed (6-3), Douglas, J: (1) "a State violates the Equal Protection Clause of the Fourteenth Amdt whenever it makes the affluence of the voter or payment of any fee an electoral standard. Voter qualifications have no relation to wealth nor to paying or not paying this or any other tax." (2) "The principle that denies the State the right to dilute a citizen's vote on account of his economic status or other such factors by analogy bars a system which excludes those unable to pay a fee to vote or who fail to pay." (3) "Notions of what constitutes equal treatment for purposes of the Equal Protection Clause do change. . . . Our conclusion [that `the opportunity for equal participation by all voters in the election of state legislators' is required] . . . is founded not on what we think governmental policy should be, but on what the Equal Protection Clause requires." Black, J, diss. Harlan, J (Stewart, J) diss.
502. Political Discrimination

502.Cal.3. Otsuka v Hite (Calif Sup Ct) (64 AC 652) Facts: X DOCKET 154, XI DOCKET 39. May 24, 1966: Sup Ct (4-3) reversed, held Cal Const art II, §1, constitutional in restricting suffrage to those not convicted of infamous crimes only if limited "to convictions of crimes involving moral corruption and dishonesty, thereby branding their perpetrator as a threat to the integrity of the elective process"; held Pls' violation of Selective Service Act due to moral scruples did not brand them as morally corrupt and dishonest men convicted of infamous crime.
502.Ga.1. Bond v Floyd (USSC, #1125) (Atlanta) May 5, 1965: Special primary election held pursuant to Toombs v Fortson, 503.Ga.4, VII DOCKET 116. Je 6: Negro Pl, SNCC public relations director, elected, receiving 82% of vote. Jan 6, 1966: SNCC issued policy statement criticizing war in Vietnam. Pl concurred in statements, said he admired courage of those who would burn draft cards knowing consequences. Jan 10: 75 Caucasion legislators petitioned to contest Pl's being seated in legislature. After h'g, Ga House voted to deny Pl right to be seated. Jan 13: Pl and voters in his district sued to enjoin legislature and declare their act unconstitutional. Feb 10: 3-judge fedl ct unheld legislature's act: rational basis existed for refusal to seat Pl; DC reluctant to interfere with local politics or state self-gov't. Mar 16: petition for cert filed with USSC: constituency denied equal protection, Pl denied right of free speech, acts of Ga legislature and Ga Const unconstitutional on their face and as applied. Je 21: USSC noted prob juris. Pending.

Howard Moore, Jr, Esq, 859½ Hunter St NW; Leonard Boudin and Victor Rabinowitz, Esqs, 30 E 42d St, NYC.

Amicus brief for ACLU, Morris Brown, Esq, 1122 Healey Bldg; Charles Morgan, Jr, Esq, 5 Forsyth St NW, both of Atlanta, Ga; Melvin L Wulf, 156 Fifth Ave, NYC.

502.NJ.1. Richardson v Caputo (NJ Sup Ct) Facts: XI DOCKET 39. Cite: 214 A2d 385.
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 Nat'l Municipal League, 47 E 68th St, NYC.

Newsletter: Nat'l Municipal League, State legislatures' progress reporter, 47 E 68th St, NYC.

Statement: Nicholas deB Katzenbach, US Atty Genl, Electoral college reform, before Subcomm on Constitutional Amendment, Comm on the Judiciary, US Senate, Mar 8, 1966.


503.Miss.3. Marshall v Mayor and Bd of Selectmen of City of McComb, Mississippi (Miss Sup Ct, #43276) (171 So2d 347) 1960: Mayor and Selectmen adopted ordinance for annexation of 1100 acres. 1963: same group moved to separate from city 300 acres of predominantly Negro area. Feb 3, 1964: Chancery Ct of Pike Co found reasonable basis for adoption of ordinance. Feb 1, 1965: Miss Sup Ct affirmed as reasonable under 14th and 15th Amdts: a contemplated sewage system would have been too expensive for whole city and 300 acre area would have required most expense, therefore de-annexation "required by public convenience and necessity." 1965: petition for cert filed in USSC. Pending.
503.Va.1. Mann v Davis (ED Va, Alexandria, #2604) (377 US 678 (1964); 245 FSupp 241, 10 RRLR 1678) Je 15, 1964: USSC affirmed and remanded, held neither house of Va legislature apportioned in accord with 14th Amdt equal protection clause. 1965: 3 separate intervening petitions filed to test constitutionality of legislature's 1964 reapportionment plan. One petition filed by Negro residents (Richmond) alleged that joining of Co and city reduces chances of Negroes to be elected and sought subdistricting. Apr 9, 1965: DC denied petition: (1) Va cities and Cos have never been subdistricted; (2) concept of `one person, one vote' does not envisage representation according to color. Oct 26, 1965: USSC granted cert, affirmed per curiam.

Edmund D Campbell, Esq, Southern Bldg, Arlington, Va; E A Prichard, Esq, Moore Bldg, Fairfax, Va.

504. 14th Amendment §2 Enforcement
505. Residence Requirements
510. Jury Selection; Appeals to Prejudice (see also 311)
UN DECLARATION OF HUMAN RIGHTS: Art 10

Deposition of John F Kraft, New York opinion and market research analyst, on sampling techniques by which jury panels representative of community could be assured, Nov 24, 1965. Pls' Appendix B, White, 512.Ala.10. In Meiklejohn Civil Liberties Library.

- 100 -

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.

Bills: Administration's civil rights bill—S 3296: (1) to assure nondiscrimination in fedl and state jury selection. And S 2845, 2846, to protect civil rights in jury selection, US Senate, committee on judiciary, subcommittee on constitutional rights.

Deposition of Robert Coles, MD, Harvard Univ, on psychological effects of segregation and of exclusion of Negroes and women from juries, Nov 23, 1965. Pls' Appendix A in White, 512.Ala.10. In Meiklejohn Civil Liberties Library.

And see Roberts, 512.NJ.2.


512.Ala.5. Swain v Alabama (USSC) Facts: X DOCKET 53, 119, 154; XI DOCKET 40. Mar 1965: USSC affirmed Def's conviction over objection that Negroes excluded from juries. May 1965: Pet for rehearing denied. Dec 6, 1965: Second petition for cert denied.
512.Ala.10. White and US (Pl-Intervenor) v Crook (MD Ala, N Div, Civ #2263-N) (251 FSupp 401, 11 RRLR 435) Facts: XI DOCKET 40. Feb 7, Mar 22, 1966: DC found only 1% of those selected as qualified for jury service were Negroes, though 70% of adult male population of Co were Negroes; found "an extremely aggravated case of systematic exclusion by reason of race"; held unconstitutional a state statute which totally excluded women from jury service, issued injunction requiring Defs to empty jury box and abandon jury roll, to recompile them on a nondiscriminatory basis.
512.Ark.2. Stewart v Stephans (formerly Henslee v Stewart) (ED Ark, Pine Bluff Div, #PB-65-C-2) (244 FSupp 982, 10 RRLR 1784) Facts: VIII DOCKET 140. Jy 23, 1965: On re-trial in murder case, Pet again alleged racial discrimination in jury selection. DC held record did not substantiate discrimination allegation; on issue of voluntariness of confession, ordered trial ct to conduct hearing, or re-try within 7 mths.
512.La.3a. Labat, et al v La State Penitentiary (CA 5) Facts: X DOCKET 155, XI DOCKET 41. Cite: 243 FSupp 662, 10 RRLR 1468.
512.La.12. Louisiana v Barksdale (USSC) Facts: X DOCKET 55, 155. 1964: La Sup Ct affirmed conviction challenged on ground of discrimination in jury selection. Nov 15, 1965: USSC denied cert.
512.La.17. Scott v Walker (CA 5, #20814) Facts: XI DOCKET 41. Mar 31, 1966: CA reversed conviction because of "systematic exclusion of members of the Negro race on the petit jury list."

See Billingsley, 512.Ala.7.

512.Md.1. Giles v Maryland (USSC, #642) Facts: X DOCKET 55, 120. Mar 21, 1966: USSC granted cert: issue of suppression by prosecution of exculpatory evidence in rape trial of 2 Negroes by white jury.

Joseph Forer, Esq, 711 14th St NW, and Hal Witt, Esq, 3225 33rd Pl NW, both of Washington, DC.

512.Miss.5. Gordon v Breazeale (formerly Mississippi v George Gordon) (ND Miss, Greenville Div, #GC645) (246 FSupp 2, 10 RRLR 1792) Facts: X DOCKET 56, XI DOCKET 41. Sept 15, 1965: Rape conviction reversed. DC held; 1) absence of express waiver by one inexperienced with judicial processes and of relatively low intelligence sufficient to support finding of no effective waiver, 2) Pet established prima facie case of racial discrimination in jury selection process which state failed to refute, 3) jurisdiction retained for granting further relief if state fails to re-try within reasonable time.

And see Smith, 372.25.

512.Miss.10. US (Intervenor-Pl) v Officials of Sharkey County (Jackson) (SD Miss) Mar 24, 1966: Justice Dept filed motion to intervene in private jury discrimination suit; asked 3-judge ct not only to enjoin Co from practicing racial discrimination in jury selection but also to declare 4 sections of Miss Code unconstitutional. Pending.
512.NJ.2. New Jersey v Roberts (NJ Sup Ct) Jan 1965: Negro Def tried for murder; transcript shows judge used word "nigger" during jury selection. Def convicted of manslaughter (5-9 yrs). Mar 22, 1966: appeal brief filed: use of word manifested judge's prejudice, upset Def so he could not properly assist in his defense. Pending.

Henry J Franzoni, Esq, 35 Lackawanna Place, Bloomfield, NJ.

512.Va.1. Goldman v Virginia (Va Sup Ct of App, USSC) Def Goldman charged with performing illegal abortions; convicted. On appeal, Def alleged omission of Jews from jury. Oct 6, 1965: Sup Ct denied Def's petition for writ of error. Apr 4, 1966: USSC denied petition for cert.
513. Involving Economic Discrimination
And see Epton, 512.NY.5.
514. Involving Political Discrimination
Involving Discrimination Against Women
See White and US v Crook, 512.Ala.10.

Deposition of Robert Coles, MD, Harvard University, on psychological effects of segregation and of exclusion of Negroes and women from juries, Nov 23, 1965. Pls' Appendix A in White, 512.Ala.10. In Meiklejohn Civil Liberties Library.

516. Involving Other Discrimination

516.1. Lewinson v Crews (formerly v Ryan) (Kings Co Super Ct, New York) Apr 21, 1966: Co clerk refused Pl, blind history prof, opportunity to qualify as juror. Pl sued: statute requiring juror to "be in possession of his natural faculties" is ambiguous. Super Ct held Co Clerk's decision had "substantial and reasonable relation to a legitimate public purpose to improve the caliber of jurors and to simplify and make more effective the administration of the jury system."
- 101 -

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.

Survey of school desegregation in southern and border states 1965-66. US Commn on Civil Rights. Feb 1966.

521. Challenges to Unequal Facilities
522. Suits to Enforce Integration
Note: For purposes of economy, the lengthy school desegregation section is omitted from this issue only. All new and pending school cases will be reported in Vol XI, No 3 (Aug 1966).
523. Suits to Prevent Integration (see also 204, 213, 223, 522)
Note: For purposes of economy, this section is also omitted from this issue only. All new and pending cases will be reported in Vol XI, No 3 (Aug 1966).
524. Misc Suits to End Segregation (and 555)
525. Treatment of Minority Groups in School Books
Book: Herbert Aptheker, Nat Turner's slave rebellion. 1966. Marzani and Munsell. 152 pp. $1.95, paperback.

Record: Martin B Duberman, In white America. Columbia KOL 6030.

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.

Reports: Block busting, NYC Comm on Human Rights, 11 pp.

Fair Housing Law, NYC Commn on Human Rights, 10 pp.

Negroes in New York, NYC Commn on Human Rights 11 pp.

Trends in Housing—White and Nonwhite, NYC Commn on Human Rights, 15 pp.

Annual report on Laws in behalf of equality, NYC Commn on Human Rights, 1963, 15 pp.

NYC Racial Distribution, NYC Commn on Human Rights, 15 pp.

Pamphlet: Natl Assn of Real Estate Bds, Equal opportunity in housing: A program for realtors. 1965. 15 pp.

Directory: California Fair Employment Practice Commission, Fair Housing Organizations in California. Jan, 1966.

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

531.17. Redevelopment Agency of Fresno v Buckman (Calif Sup Ct) Facts: X DOCKET 160, XI DOCKET 50. Def, chairman of Pl, refused to enter into contrast with fed'l gov't for loan for redevelopment, claiming Prop 14 would not allow Pl to comply with 1964 Civil Rights Act anti-discrimination clauses. Pl-agency sought writ of mandate to compel contract. May 10, 1966: Sup Ct held issue moot, denied writ, citing Mulkey, 533.Cal.26. White, J, McComb, J, diss.
531.18. 34 Negro Families v Alameda Housing Auth. Pl-Negroes, residents of Def's housing project being reclaimed by Navy, ordered by Def to vacate by June 20, 1966. Pls sued, alleging Def refused to relocate them in other lowrent projects. Pending.
531.19. Richardson v Housing Auth of New Bern (ED NC, #678) Def operated public housing from which it excluded and evicted persons with illegitimate children. Pls sued, alleging: (1) housing segregated in violation of 1964 Civil Rights Act; (2) fair h'g required before eviction; (3) denial of admission or eviction because of illegitimate children constitutes denial of equal protection and due process. 1966: DC granted temporary restraining order against evictions, pending trial on merits.

Charles S Ralston, Esq, NAACP Inc Fund, 10 Columbus Circle, NYC 10019.

531.20. Green Street Assn v Daley (CA 7) Pls sued to enjoin Chicago urban renewal project, alleged renewal and relocation plans had purposes of segregation, discrimination; use of fedl funds would violate Title VI, 1964 Civil Rights Act. DC dismissed on Defs' motion. Pls appealed: cause of action stated; fedl injunctive relief appropriate; Pls had standing to sue. May 1966: Pending.

Amicus by Merrill Freed, Esq, for ACLU, 33 N LaSalle St, Chicago.

532. In Publicly Assisted Housing—FHA and VA
And see Montgomery, 535.7.
533. In Private Housing

533.Cal.17. Thomas v Goulis (Calif Sup Ct) Facts: X DOCKET 73, 125, 160: XI DOCKET 50. Def refused to rent to Pl because of race. Pl sought damages under Civ C §§51, 52. Jury granted $1250 damages. Trial Ct granted Def's motion for new trial on grounds of excessive award. Prop 14 enacted. Trial Ct granted Def's motion to strike Pl's complaint: Prop 14 rendered sections inoperative. May 10, 1966: Sup Ct reversed, citing Mulkey, 533.Cal.26. White, J, McComb, J, diss.
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: XI DOCKET 50. Def apt owner refused to rent to Pl Negro on account of race. Pl sued under Civ C §§51, 52. Trial Ct granted summary judgment to Def: Prop 14 rendered non-discrimination sections inoperative. May 10, 1966: Sup Ct (5-2) reversed; held: (1) supremacy clause of US Const requires that state constitutions conform to fedl constitutional standards; (2) 14th Amdt secures equal right to acquire and possess; (3) state action which denies this equal right is unconstitutional; (4) passage of a law, by legislature or popular vote, which changes "existing laws from a situation wherein the discrimination practiced was legally restricted to one wherein it is encouraged" constitutes prohibited state action; (5) the whole of Prop 14 is unconstitutional. White, J, McComb, J, diss.
533.Cal.27. Prendergast v Snyder (Calif Sup Ct) Facts: X DOCKET 126, XI DOCKET 50. Def-landlord attempted to evict Negro Pl tenant because of race. Pl sought injunction to stop eviction. Def asked for declaration that eviction valid under Prop 14. Trial Ct held Prop 14 unconstitutional. May 10, 1966: Sup Ct affirmed, citing Mulkey, 533.Cal.26. White, J, McComb, J, diss.
- 102 -

533.Cal.28. Hill v Miller (Calif Sup Ct) Facts: X DOCKET 126, 161, XI DOCKET 50. Def-landlord sought to evict Pl-tenant from single-family dwelling on grounds of race. Pl sought injunction, Def demurred, citing Prop 14. Trial Ct granted demurrer. May 10, 1966: Sup Ct reversed, citing Mulkey, 533.Cal.26. White, J, McComb, J, diss.
533.Cal.29. Grogan v Meyer (Calif Sup Ct) Facts: X DOCKET 126, 161; XI DOCKET 50. Def-owner of 4-unit apt refused to rent to Pl because of race. Pl sued for damages under CC §§51, 52. Def moved to dismiss: Prop 14 overturned Civ C §§51, 52. Trial Ct granted. Super Ct, App Dept affirmed. May 10, 1966: Sup Ct reversed, citing Mulkey, 533.Cal.26. White, J, McComb, J, diss.
533.Cal.31. Peyton v Barrington (Calif Sup Ct) Def built rental housing utilizing fed'l loans, city zoning and redevelopment ordinances to effectuate his purpose. Def refused to rent to Pl because of race. Pl sought injunction. Trial Ct held Pl stated no cause of action as Prop 14 overturned Civ C §§51, 52. May 10, 1966: Sup Ct reversed, citing Mulkey, 533.Cal.26.
533.Cal.32. Stevens v Del Amo Construction Co (LA Super Ct) 1965: Pls, two Negro couples, refused homes in housing development by Def. Suit filed under Unruh Act to test validity of Prop 14 as applied to large tract subdivision. Pending.

ACLU, 323 W Fifth St, Los Angeles, Calif.

533.Conn.1. Blue v Renaud (Conn, 15 Cir Ct) Oct 20, 1965: Comp filed complaint with Conn Civil Rights Commn alleging Resp refused to show him apt because of color. Comp said Resp's purported reason was preference for elderly or retired couple; white member of New Britain Human Rights Council, age 34, testified she later was offered the apt. Commn filed for injunction. Nov 10, 1965: Ct granted temporary injunction restraining Def from renting or selling premises until matter settled, held statute allowing injunctive relief against housing discrimination constitutional. Nov 20, 1965: Comp saw apt, rejected it as unsuitable. Nov 22, 1965: Injunction dissolved. Commn's first use of injunction as civil rights remedy since authorizing statute effective June 1965.

Robert L Hirtle, Jr, Esq, Asst State's Atty, Hartford.

And see Govan, 533.Conn.2; Dittmar, 533.Conn.3.

533.Conn.2. Govan v Rotkiewicz (Conn, 14 Cir Ct): Facts, issues similar to those in Blue, 533.Conn.1, except Resp openly refused to rent to Negroes because they "bring down property values." Nov 22, 1965: Ct granted permanent injunction in first instance because of Resp's admission of discrimination. Dec 3, 1965: Injunction dissolved: Comp rejected apartment on learning of high rental.

Conn Commn on Human Rights, 95 Farmington Ave, Hartford.

533.Conn.3. Dittmar v Thibeault (Conn Cir Ct) Comp filed complaint with Civil Rights Commn, alleging Resp changed locks on apt to prevent Comp and wife from moving in, demanded higher rent as condition of occupancy, because wife was Panamanian with dark skin. Feb 3, 1966: Commn, after investigation, filed for temporary injunction. Feb 7, 1966: Counsel for Commn and Resp announced settlement; Ct held stay on rental pending stipulations.

Carl Eisenman, Esq, Atty Gen'l's Office, Hartford.

533.Md.1. Barnes v Sind (Baltimore) (CA 4) Facts: X DOCKET 161, XI DOCKET 50. Cites: 341 F2d 676, 347 F2d 324; cd 382 US 891.
533.NJ.5. Grillo v Plainfield Area Bd of Realtors (Union Co Super Ct, Chancery Div, #C 2726-63) Def-Bd operated multiple listing service to exclusion of non-members. Negro Pl, non-member, alleged illegal restraint of trade. Apr 27, 1966: Ct held exclusion of non-members illegal restraint, ordered Def to allow non-member state-licensed realtors to participate in listing plan, awarded $9,000 compensatory damages.

Howard Stern, Esq, 152 Market St, Paterson, NJ 07505.

533.NJ.6. Dinkins v Mercer Co Bd of Relators (Mercer Co Super Ct, #C 329-65). Def-Bd monopolizes name "realtor" and multiple listing system; refused admittance to Negro Pls. Pl's suit for admittance to Bd pending.

Leonard Etz, Esq, 180 W State St, Trenton, NJ.

533.NY.15. City Commn for Human Rights v River House (NYC Sup Ct) Tenants of Def-apt obtained oral permission to sub lease. Def revoked when tenants sought to sub lease to Negro. Apr 28, 1966: after hearing, CCHR ordered Def to offer sub lease. Def refused. May 12, 1966: Pl sought citation against Def. Pending.
533.NY.16. New York State Commn for Human Rights v A Bronx Landlord (NY Sup Ct) 1965: Pl granted restraining order against Def in response to complaint of housing discrimination. Def rented apartment in violation of order; Pl fined Def $100. Jan, 1966: Ct upheld right of Pl to assess fines and issue contempt orders against people who violate its restraining orders.
534. Omnibus Suits to End Housing Segregation (and see 575)
535. Miscellaneous Housing Suits (and 423, 575)
And see Bell Laboratories, 576.33.
535.7. Montgomery v San Jose, Garden of Eden Apts (Santa Clara Co Super Ct, #174279) Def-landlord refused to rent to Nego-Pl. Dec 8, 1965: Pl filed suit to enjoin Def-city from providing tax-supported public services to Def-landlord. Pl alleges denial of equal protection in that Pl's tax money goes to support services rendered Def-landlord. Pending.

John E Thorne, Esq, 510 N Third St, San Jose, Calif 95112.

535.8. Chicago Real Estate Bd v Chicago City Council (Cook Co Cir Ct) 1963: Def passed ordinance which prohibits racial discrimination by real estate brokers in sale or lease of residential property. 1965: Pl sued to invalidate ordinance. Jan 1966: Cir Ct held for Def: (1) Def can prohibit any "offensive or unwholesome" business, (2) a business which furthers racial discrimination is offensive and unwholesome.
- 103 -

535.9. Blume v Baltimore Bd of Estimates (Baltimore City Ct) Feb 9, 1966: Def granted $5,000 of city funds to aid Baltimore Neighborhoods, Inc, group organized to encourage integrated housing. Feb 10: Pl brought taxpayers' suit to enjoin payment of money: integration is not in public interest, so grant is illegal. Def alleges grant is in public interest: integration preserves stability and tax base. Pending.
540. Transportation — Racial Discrimination
541. In Interstate Facilities (and see 51, 54, 55, 58)

541.Fla.3. Smith, Callender and O'Connor v Florida (USSC) (380 US 519) Facts: X DOCKET 75. 1961: Integration attempt at transportation terminal; arrest: Unlawful assembly. Apr 26, 1965: USSC granted cert to Fla Sup Ct, reversed per curiam. Feb 28, 1966: cert petition corrected, directed now to Fla Dist Ct of App.
541.Miss.1d. Bassford v Mississippi (Miss Sup Ct, ##43464-43470) (178 So2d 688, 10 RRLR 1482) Oct 4, 1965: Sup Ct held cases identical to Mississippi v Thomas, 541. Miss.1 a-c (X DOCKET 75, 161; XI DOCKET 52); reversed conviction.
541.Miss.8. Mississippi v Moses (McComb) (Miss Sup Ct, #43,-372) (179 So2d 9, 10 RRLR 1478) Facts: X DOCKET 76. Sup Ct found evidence did not show Def guilty of "violent, loud, offensive or boisterous conduct" as charged; reversed conviction.
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
Guideline: Atty Genl Katzenbach, Dec 27, 1965, issued regulations re proof of discrimination and efforts by fedl officials to obtain voluntary compliance before funds can be withheld under 1964 Civil Rights Act.
551.Cal.10. Morton v Bellucci and Los Altos Hills Country Club (Santa Clara Co Super Ct, #165927) Mar 1965: Pls, 3 Negroes, taken as guests to Def-club, private business which sells memberships; told by Def Bellucci they couldn't use facilities because Negro. Mar 25: Pls filed suit for damages. Before trial, suit settled with $1500 paid to Pls, letter of apology, and club announcement of change in policy: no refusal of any person because of race, creed, or color.

John E Thorne, Esq, 510 N 3rd St, San Jose, Calif.

551.Ga.10. Evans v Newton (USSC) Facts: X DOCKET 76, 127; XI DOCKET 52. Jan 17, 1966: USSC reversed (6-3), Douglas, J: held: "where tradition of municipal control had become firmly established, we cannot take judicial notice that the mere substitution of trustees instantly transferred this park from the public to the private sector"; "like the streets of the company town, . . . the elective process . . ., and the transit system, . . . the predominant character and purpose of this park is municipal"; City's resignation as trustee reversed. White, J, conc. Black, J, diss. Harlan, J (Stewart, J) diss.
551.La.1. Miller v Amusement Enterprises (ED La, Civ #3261) Aug 16, 1965: Pl sued to desegregate public amusement park under 1964 Civil Rights Act. Apr 18, 1966: pre-trial conference. Pending.

Johnnie Jones, Esq, 530 S 13th St, Baton Rouge; NAACP Inc Fund.

551.La.2. US v Page Amusement Company (Ferriday) (WD La) Alleged discrimination against Negroes in use of facilities of Arcade Theatre, which refused them admission, and other places of public accommodation controlled by Defs. Jan 7, 1966: Gov't sued to enjoin discrimination. Pending.
551.Md.3. Williams v Rescue Fire Co, Inc (Cambridge) (DC Md, #16658) Aug 1962: Def volunteer fire dept continued operation of roller skating rink, swimming pool, and eating facilities under name of RFC Arena-Pool Club which excludes Negroes. Jy 4, 1965: 7 persons refused to leave when denied application for club membership; arrested: trespass and disorderly conduct; Pl Negroes sued in class suit to enjoin their exclusion from use of facilities under 14th Amdt and 1964 Civil Rights Act, Title II, §201 (b) (2) (3), (c) (3), (d). Def claims exemption as private club under §201 (e). Pending. Criminal trial held in abeyance pending outcome of this suit.

Marvin Braiterman, and Elsbeth Levy Bothe, Esqs, ACLU, c/o Rev Irving R Murry, Charles and Franklin Sts, Baltimore.

551.Miss.9. Bolton, Bynum v Greenville (Miss Sup Ct, #43,433, 43,435) (128 So2d 667, 672; 10 RRLR 1474) Je, 1963: Defs and 3 other teenage Negroes played ball in integrated public park in Greenville, causing large crowd to gather. Police ordered Defs to move on; Defs refused: arrested. Tried; convicted. Oct 4, 1965: Sup Ct found Defs playing ball peaceably; held constitutional right to be in park could not be denied because of hostility of white people; reversed convictions.
551.Miss.10. US v City of Laurel (Jackson) (SD Miss) Je 8, 1965: 2 Caucasian civil rights workers (COFO) denied admittance to Oak Park Pool, told Caucasians could not swim there. Je 9: Caucasian civil rights workers and several Negroes refused admittance to Daphne Park Pool, told Negroes could not be admitted. Je 24: Dept of Justice filed suit to desegregate city swimming pool system. Pending.

And see New York v Malik, 303.65.

552. In Dining Places (and see 51, 54, 55, 58)

552.Ala.15. US v Lakeview Dining Club; US v Pat's Dining Club (Tuskegee, Eufala) (MD Ala) Alleged discrimination by Defs against Negroes and Mexican-Americans. Gov't sued under 1964 Civil Rights Act to enjoin discrimination by Defs. Pending.
- 104 -

552.Ala.16. US v Chitwood (Prattville) (MD Ala) Alleged racial discrimination against Negroes at 5 eating establishments. Apr 9, 1966: Gov't sued to enjoin discrimination. Pending.
552.Ala.17. Mitchell v The Krystal Co (Birmingham) (ND Ala, Civ #65-579) Pls sued under 1964 Civil Rights Act to desegrgeate 4 restaurants. Nov 22, 1965: DC denied Defs' motion to dismiss. Pending.

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

Similar facts, same status in:

552.Ala.17a. Rogers v Katros (ND Ala, Civ #65-610).
552.Ala.18. Langford v Middlebrooks (Marion) (SD Ala, Civ #3611-65) Feb 22, 1965: Pls sued to desegregate restaurant under 1964 Civil Rights Act. Mar 16: Defs moved to dismiss; pending.

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

Similar facts, same status in:

552.Ala.18a. LeShore v Carter (Selma) (SD Ala, Civ #3614-65).
552.Ark.4. Bates v Whitcomb's Cafe; Cone v Whitcomb (Little Rock) (ED Ark) May 1965: Pls sued to desegregate restaurant which has been allegedly converted to private club, altho it retains section for Negro customers. Trial pending.

Harold Anderson, Esq, Century Life Ins Bldg; John Walker, Esq, 700 W 9th St, both of Little Rock; NAACP Inc Fund.

552.Ark.5. Cone v Blasingame (Little Rock) (ED Ark) Pls-Negro sued to desegregate coffee shops under 1964 Civil Rights Act. Aug 31, 1965: answers to requests for admissions from Defs received. Pending.

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

552.Fla.7. Lance v Plummer (formerly Plummer v Brock) (ND Fla) (CA 5) (USSC) Facts: X DOCKET 78. CA affirmed DC contempt citation of Sept 1964, award of counsel fees to Negro-Pls; modified DC order requiring 1 Def, citizen deputy sheriff, to give up honorary office to permit Def to resume job by proving to DC he will comply with desegregation injunction; denied Defs' request for $2,000 in appeal costs. Jan 11, 1966: Def petitioned DC for reinstatement as deputy; Pls refused to consent. May 2: USSC denied cert; Black J, diss.

Tobias Simon, Esq, 223 SE 1st St, Miami; Earl M Johnson, Esq, 625 W Union St, Jacksonville; NAACP Inc Fund.

552.Fla.11. Boudshaw v Whigam (SD Fla, #65-225-Civ-WM) Negroes allegedly refused service by Miles Private Restaurant, Inc, which contends it is private club with over 15,000 members and if none are Negroes, it is only because their "references" have not met standards required for membership. Feb 12, 1966: Pls filed suit to compel Def to admit Negroes. Mar 3: DC held Restaurant not "a private club or establishment and not in fact open to public," has denied Negroes full and equal enjoyment of restaurant; enjoined restaurant from discriminating, representing itself to general public as private club, and making or selling membership cards.

Tobias Simon, Esq, 223 SE 1st St, Miami; NAACP Inc Fund.

552.Fla.12. Oliver v Big D Club; Lacey v The 4 B's Club; Lacey v Elliot's Club (Marion Co) (MD Fla) Oct 25, 1964: Negro Pls sued to desegregate 3 restaurants under 1964 Civil Rights Act. Defs contend restaurants are private clubs—5,000 members, entrance fee 10 cents—admitting only members who have been approved; no Negroes allowed. DC dismissed complaint as to Big D, denied Pls' motion to rescind dismissal, denied costs and atty's fees. Sept 14, 1965: Def-4 B's moved to dismiss on ground they now serve Negroes. Pending.

Tobias Simon, Esq, 223 SE 1st St, Miami; NAACP Inc Fund.

552.Ga.20. Bates v Bonner Private Club (SD Ga, #2222) Jy 30, 1965: Pl-Negro sued to desegregate Def-restaurant. Aug 25: Def filed answer and motion to dismiss. Pending.

Howard Moore and Donald Hollowell, Esqs, 859½ Hunter St NW, Atlanta; NAACP Inc Fund.

552.La.9. US v Jorden (Bogalusa) (ED La, #15792) 3 restaurants allegedly refusing service to Negroes. Jy 19, 1965: Gov't sued under 1964 Civil Rights Act to enjoin discrimination. Pending.
552.La.10. Dupre v Young's Service Station and Lounge (WD La) Nov 1965: Pls sued to desegregate restaurant under 1964 Civil Rights Act. Feb 1966: Pls filed motion for preliminary injunction.

Marion White, Esq, 1520 N Market, Opelousas; A M Trudeau, A P Tureaud, Esqs, 1821 Orleans Ave, New Orleans; NAACP Inc Fund.

552.La.11. Frank v JW Lows (Opelousas) (WD La, #10,934-0) Pls sued under 1964 Civil Rights Act to desegregate lunch counter of variety store. DC referred to Fedl Community Relations Service. Aug 17, 1965: DC issued pretrial conference order directing parties to narrow issues for trial. Jan 1966: Defs indicated willingness to submit to permanent injunction. Jan 17: DC issued injunction; Pls filed motion for counsel fees. Pending.

Marion White, Esq, 1520 N Market St, Opelousas; NAACP Inc Fund.

Similar facts; same ruling, status in:

552.La.11a. Gailes v Stelly's Restaurant (WD La, #11,368).
552.La.11b. Norton v The Ranch (WD La, #11,204).
552.La.11c. Bryant v Seven Flags Restaurant and Truck Center (WD La, #11,622).
552.La.11d. Bryant v The Hut (WD La, #11,623).
552.La.11e. Bryant v Cardinal Inn (WD La, #11,624).
552.La.11f. Bryant v Pap's Motel and Restaurant (WD La, #11,625)
552.La.12. Bryant v Black Angus Restaurant (WD La, #11,626) Nov 1965: Pl-Negro sued to desegregate restaurant, 1964 Civil Rights Act. Jan 20, 1966: DC referred to Fedl Community Relations Service to investigate complaint. Pending.

Marion White, Esq, 1520 N Market, Opelousas; NAACP Inc Fund.

- 105 -

552.Miss.4. US v Richberg (Enterprise) (SD Miss) Def-restaurant limited use of one section to Caucasian customers, other section for non-Caucasians. Apr 14, 1966: Gov't sued to enjoin practice. Pending.
552.Miss.5. NAACP v Primos (Jackson) (SD Miss, Jackson Div, #3436) Nov 10, 1965: Suit to enjoin Def from operating 5 restaurants on segregated basis. Counterclaim by Def, on theory that civil rights activities during spring of 1963 had caused him loss of business. Pending.

Robert Carter, Esq, NAACP, 20 W 40th St, NYC.

552.NC.12. Bowers v Ocean Way Restaurant (WD NC) Dec 1965: Pls filed suit against segregated restaurant. Pending.

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

552.NC.13. Coachman v Ivy Lounge (MD NC, #C-209-G-65) Nov 16, 1965: Pls sued to desegregate restaurant under 1964 Civil Rights Act. Jan 7, 1966: pre-trial conference. Pending.

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

552.NC.14. Braxton v WC Jennette (WD NC) Nov 1964: Pls sued to desegregate restaurant under 1964 Civil Rights Act. Def has not answered. Pls have filed default motion. Pending.

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

552.Va.14. Mills v Mears (ED Va) Pls sued to desegregate restaurant under 1964 Civil Rights Act. Pending.

Juanita J Mitchell, Esq, 1239 Druid Hill Ave, Baltimore; NAACP Inc Fund.

553. In Other Facilities (and see 42)

553.Ark.1. Jewell v Little Rock YMCA (ED Ark) May 5, 1965: Pls sued under 1964 Civil Rights Act to desegregate facilities. May 25: Defs agreed to consent order.

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

553.Cal.3. Baker v Bristol Agency (San Francisco Muni Ct, #530044) Negro Pl sued for damages under state public accommodations act (Civ Code §52): denial of babysitting service. May 1966: Pending.

Donald Kerson, Esq, 341 Market St, San Francisco.

553.Cal.4. Lee v Hunter (San Francisco Super Ct, #557392) Negro Pl sued barber under state public accommodations act (Civ Code §52): refusal to cut hair. Mar 1966: Parties settled: $350.

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

553.La.1. US v Happy Hosts (Bogalusa) (ED La) Oct 25, 1965: Negro refused accommodations at both of Def's motels. Jan 24, 1966: Gov't sued under 1964 Civil Rights Act to enjoin discriminatory service. Pending.
553.NJ.1. Sellers v Gatti (Madison) (NJ Sup Ct) Barbers refused to cut Negroes' hair. Summer 1964: picketing of barber-shops. State Div of Civil Rights held h'gs, ruled barbers must cut Negroes' hair. Shops sued. Feb 25, 1966: Sup Ct upheld administrative ruling: ruled barbers must serve Negroes or risk prosecution under anti-discrimination laws.

Paul Colvin, Esq, 39 W Blackwell, Dover, NJ.

553.Pa.3. Pennsylvania Human Relations Commn v Whitemarsh Memorial Park Cemetaries Co (Montgomery Co) (Pa Human Relations Commn) May 13, 1966: Pl alleges Def's deed to its lots, which states "No bodies except those of persons of the White or Caucasian race shall be interred in said property," violates Pa public accommodations law which forbids discrimination on basis of race in any place open to the public. Pending.
553.NC.1. Hawkins v Charlotte YMCA (formerly Pls v YMCA, Morehouse St Branch) (WD NC) Facts: X DOCKET 128. Feb 19, 1965: Pls sued to desegregate all services and facilities. Consent decree filed; pending.

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

553.NC.2. Nesmith v Raleigh YMCA (ED NC, Civ #1768) Oct 26, 1965: Pls sued to desegregate club under 1964 Civil Rights Act. Pending.

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

553.NC.3. Little v Sedgefield Inn (MD NC, #C-180-G-65) Oct 12, 1965: Pls sued to enjoin country club from prohibiting Negroes to play golf. Dec 17: pretrial conference. Pending.

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

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.NC.3. Hawkins v North Carolina Dental Society (CA 4, #9612) Facts: X DOCKET 81. Jan 12, 1965: Case argued. Pending.
554.Va.3. Bridges v Hampton Training School for Nurses (ED Va, Newport News Div, #1001) Facts: X DOCKET 81, 163. 1966: DC held: Hill-Burton Act requires private hospital receiving substantial funds from fed'l gov't to desegregate facilities.

William A Smith, Esq, 17 E Lincoln St, PO Box 242, Hampton, Va; NAACP Inc Fund.

554.Va.3a. Smith v Hampton Training School for Nurses (CA 4, #10,312) Facts: X DOCKET 81,163, XI DOCKET 54. Apr 28, 1966: CA (en banc) reversed (unan); ordered payment to nurses of back pay and costs, (nurses no longer seek reinstatement); held Simkins v Moses H Cone Memorial Hospital, 554.NC.1, 323 F2d 959 (CA 4, 1963), cert denied, 376 US 938 (1964), could be applied retrospectively since case was in litigation when Simkins opinion issued from CA 4.

William A Smith, 17 E Lincoln St, PO Box 242, Hampton, Va; NAACP Inc Fund.

- 106 -

555. In Government Facilities: Omnibus Suits
Form: Complaint for desegregation of public facilities, edited by Osmond K Fraenkel. CIVIL RIGHTS HANDBOOK pp 351-357.

Article: Paul G Chevigny, Toward equal protection in the administration of law: A racially integrated courtroom, 3 Law in Trans Q 1, Winter, 1966. 323 W 5th St, Los Angeles.


555.DC.1. Edwards v Sard (DC DC) 1965: Challenge to racial segregation in dormitories at Lorton Reformatory. Oct: trial date.

George Cooper and Herbert Dym, Esqs, NCA-ACLU, 1101 Vermont Ave NW, Washington, DC.

555.Ill.1. In re Sherman H Skolnick (Chicago) (CA 7) Skolnick involved in civil rights suit, Skolnick v Spolar, seeking civil damages against state bailiff for excluding Jews and Negroes from jury service. Sept 24, 1962: Pet alleged judge refused to allow atty to be heard or to speak in his behalf. July 2, 1964: Pet alleged further discrimination by Judge Perry. Jan 24, 1966: Pet filed motion complaining of misconduct of Judge Perry. Pending.
560. Family Matters—Racial, Religious Problems (see also 56, 426)
UN DECLARATION OF HUMAN RIGHTS: Art 16
561. In Marriage and Divorce

561.6. Loving v Virginia (Va Sup Ct) Facts: X DOCKET 129. Mar 1966: Va Sup Ct held constitutional a statute prohibiting inter-racial marriages. Petition for cert to USSC pending.
561.8. Kober v Kober (NY Ct of App) Prior to marriage, husband failed to disclose World War II Nazi background to wife. After marriage, his anti-Semitism came to light; wife sued for annulment. Feb 1965: App Div of Sup Ct held against wife. Oct 24: Ct of App reversed, holding in effect that Nazi ideology can be considered evidence of diseased mind and thus ground for annulment; remanded to Sup Ct for trial on truth of charges. Pending.
562. In Adoption Proceedings
UN DECLARATION OF HUMAN RIGHTS: Art 25(2)
563. In Custody Proceedings

563.11. Eilers v Eilers (Louisville) (Jefferson Co Cir Ct; WD Ky) 1964: Pl-Caucasian, divorced mother of 5 Caucasian children, married Negro. Cir Ct ordered children placed in foster homes and juvenile institutions "to protect the children's health, morality, and general welfare"; mentioned Ky's anti-miscegenation act. Mar 24, 1966: DC denied request for fedl writ of habeas corpus to free children from state ct's commitment to child welfare authorities; refused jurisdiction: state remedies not exhausted.

Leroy D Clark, Esq, NAACP Inc Fund.

563.12. Painter v Bannister (Iowa Sup Ct) (140 NW 2d 152) Wife died in auto accident; Pl-husband requested Defs, son's maternal grandparents, to care for child. Pl remarried; Defs refused to relinquish custody. Co ct awarded custody to father. Apr 1966: Sup Ct reversed: altho state statute §668.1 gives preference for custody to natural parent, best interests of child required custody given to Defs: child would be exposed to "unstable, unconventional, arty, Bohemian, and probably intellectually stimulating life" with Pl. Pl requested reh'g: ruling based on irrational and arbitrary grounds that deny father's rights of fundamental belief and association; decision a denial of due process and equal protection of laws; change in statute requires child be given to father. Pending.
564. In Miscellaneous Proceedings
570. Employment
Form: Complaint in employment discrimination suit, by Chester I Lewis. CIVIL RIGHTS HANDBOOK pp 366-371.

Legislation: NYC Commn on Human Rights given increased enforcement powers. Nov 23, 1965.

Report: Employment practices: City of New York, Commn on Human Rights, 1965, 30 pp.

Agency: Equal Employment Opportunity Commn (EEOC) established by Title VII, 1964 Civil Rights Act, effective Jy 1965: covers employers within jurisdiction of act.

Administrative rulings: Jan 5, 1966: Herman Edelsberg, exec dir EEOC, stated that statistical evidence of violation under Title VII, 1964 Civil Rights Act may be sufficient to file charge without personal complaint. Use of aptitude tests to screen out Negro applicants will not be permitted by EEOC. EEOC agreed to notify AFL-CIO's civil rights dept and Construction Industry Joint Conference of complaints against affiliated unions; NAACP and NY and Kansas FEP agencies criticized this plan as resulting in delay and ineffective enforcement.

Gov't reorganization: Office of Fed'l Contract Compliance has taken over duties of President's Commn on Equal Employment Opportunity and handles all cases of employment discrimination involving gov't contracts, administered by Dept of Labor.

Form: Equal Employment Opportunity, Employer Information Report EE 0-1, Standard Form 100 [replaces Standard Form 40 and Form EEO-10] must be filed by all employers subject to jurisdiction of EEOC, Office of Fed'l Contract Compliance, or Plans for Progress.

Pre-employment Inquiry Guide: 1966 Employment Practices Guide, CCH Delaware 21, 451. Under 1960 anti-discrimination act, Delaware Labor Commn promulgated list of permissible and discriminatory pre-employment questions.

Agencies: Fed'l Civil Rights Agencies. Equal Employment Opportunity Commission, Community Relations Service, Civil Rights Div of Dep't of Justice, President's Comm on Equal Opportunity in Housing, Office of Fed'l Contract Compliance, US Civil Rights Commn.

Booklet: Michael I Sovern, Legal restraints on racial discrimination in employment, Twentieth Century Fund, 41 E 70th St, NYC.

571. Racial Discrimination Against Teachers (and 24, 522)
Announcement re Alabama Education Assn: Nat'l Education Assn told Alabama assn it would be removed from membership list if it continued policy of discrimination against Negro teachers. Jan 30, 1966: Ala assn voted to strike from its constitution provision limiting membership to Caucasians.
- 107 -

571.14. Henry v Bd of Educ (Coahoma Co, Miss) (CA 5) (10 RRLR 1663) Facts: X DOCKET 83. Dec 3, 1965: CA affirmed DC's dismissal of teacher. Jan 4, 1966: motion for rehearing denied. Pet for cert pending.

Jack Young Esq, 115½ Farish St, R Jess Brown, Esq, 5161 Gault St, both of Jackson, Miss; Derrick A Bell, Jr, Inc Fund.

571.24. Chambers v Bd of Educ (Hendersonville) (WD NC, #2388) (245 FSupp 759, 10 RRLR 1665) Facts: XI DOCKET 56. Oct 18: Pls' appeal to CA 4 pending.
571.25. North Carolina Teachers Assn v Bd of Educ (Asheboro) (MD NC) Facts: XI DOCKET 56. Apr 1, 1966: Final pretrial conference. May 2, 1966: trial.

J LeVonne Chambers, Esq, 405½ E Trade St, Charlotte, NC; NAACP Inc Fund.

571.27. Missouri Commn on Human Rights v Rives C-2 School Dist (Dunklin Co) (Mo Commn on Human Rights, #176-180) Feb 5, 1965: Resp School Bd voted to integrate elementary school bodies effective Jy by closing Negro school and assigning pupils to white school. Apr 12: Bd voted not to rehire Comps, 5 Negro teachers in school scheduled for closing, retained 6 white teachers, hired 4 more. May 10: Comps filed complaints with Mo Human Rights Commn, alleging failure to rehire them on racial grounds in violation of Mo Fair Employment Practices Act (Mo Rev Stats Ch 296). Commr and staff investigated, found probable cause to credit complaints, unsuccessfully sought conciliation. Jy 15: Commn issued notice of h'g, alleging violation of statute. Jy 19: School Bd filed answer denying violation, requested relocation of h'g from state capital. Nov 19-20: Commn panel took evidence at local h'g. Apr 1, 1966: Panel heard oral arguments after filing of briefs. Apr 11: H'g panel found, inter alia: Resp's sole purpose in integrating student bodies was to avoid cutoff of fed'l funds under Title VI, Civil Rights Act of 1964; Comps not retained because they were Negroes and Resp believed teacher integration not required under Title VI; objective evaluation of Comps' qualifications not made by Resp, and would have supported rehiring of 4 Comps. Panel ordered Resp to offer employment to 2 Comps for next school year, notify 2 other Comps of vacancies occurring before Apr 15, 1967, give their applications non-discriminatory consideration; cease considering race or color in teacher employment; notify all Mo teacher training institutions of future vacancies and that such vacancies will be filled on non-discriminatory basis. Panel denied claims for back pay: financial hardship on school dist. Commn reports this is first state FEP case involving Negro teachers discharged because of integration.

James J Murphy and Louis C DeFeo, Jr, Esqs, Asst Attys Genl, Supreme Court Bldg, Jefferson City, Mo.

571.28. In re Irene Sawyer (Oakland) 1952: Miss Sawyer obtained Master's in fine arts from Mills College, graduated with distinction; started teaching in Oakland. Pet attempted to demonstrate that Negro children could learn as well as Caucasian children; various school administrators expressed antagonism toward her; she was moved from school to school. Oct 1962: formal charges brought against Pet; transferred to non-teaching work "preparing curricular materials" in basement of school administration bldg, where she worked 40 mths. 1966: Pet sued for re-instatement in teaching position. Pending.

Ollie Marie Victire, Esq, 333 Franklin St, San Francisco.

571.29. Smith v Morrilton, Arkansas School Dist (ED Ark; CA 8) 1965: School district refused to rehire its 8 Negro teachers; adopted "freedom of choice" plan in which nearly all students at all-Negro Sullivan High chose to attend previously all-white school. Suit brought to have 8 re-instated. DC dismissed: Def not required to compare qualifications of all teachers in determining who will be released. Jan 26, 1966: appeal filed; Dept of Justice, acting under §902, 1964 Civil Rights Act, filed motion to intervene. Pending.

John Walker, Esq, 1304B Wright Ave, Little Rock; NAACP Inc Fund.

Amicus brief filed by John Ligtenberg, Esq, 134 N LaSalle, Chicago, for American Federation of Teachers.

572. Racial Discrimination by Government Agencies
Reports: W Va Human Rights Commn, A survey of Negroes employed by State of West Virginia, May 1964.
572.14. In re Golden Gate Bridge and Highway District (Calif Fair Employment Practice Commn) Jy 1965: Negro journeyman painter denied job. Mar 17, 1966: Commn ordered James Haugabook "be offered employment as a bridge painter . . . on the same terms and conditions applicable to all beginning employees for said position," paid compensation for lost earnings between July 26, 1965 and Mar 1, 1966. Bridge authority pledged to conform with §1411 of FEPA.
572.15. Marshall v Ace Foods (Industrial Commn of Wisconsin) Jy 25, 1962: Def contracted with Regents for exclusive right to sell food at Wis State College. Comp, Negro who had worked with Def prior to contract, retained, with agreement for advancement in salary and position. Def's supervisor found Comp's work unsatisfactory, dismissed him. Comp alleged super prejudiced against Negroes. Commn found no probable cause to believe Resp discriminated against Comp on racial grounds.

Michael, Best, and Friedrich, Esqs, 626 E Wisconsin Ave, Milwaukee.

573. Racial Discrimination Involving Government Contracts (Exec Order 10925)
Letter: US Secy of Labor, Jan 10, 1966, created Office of Contract Compliance, to ensure contracting agencies "take affirmative action that applicants are employed without regard to race, creed, or national origin."
574. Racial Discrimination by Transportation Companies
Note: Many suits charging racial discrimination are brought against the union as well as the employer.
- 108 -

574.18. Nunn v Missouri Pacific RR Co (ED Mo) (1966 CCH #9010) Nov 5, 1965: DC held RR did not discriminate against Negro train porters by race in discharging them; evidence showed job reduction from automation, jobs have not been filled by others, whites have also lost jobs through automation.
575. Racial Discrimination by Unions, Trade Associations
Article: Max Greenberg, Can the South be organized? Labor Today, Vol 5, No 1, Feb-Mar, 1966, p 2. 12065 Wyoming, Suite 5, Detroit.

Rules: US Dept of Labor, Rules and regulations on non-discrimination in federally-assisted programs of Dep't, Tit 29 CFR, Part 31, 1965.

Manual: US Dept of Labor, Office of Manpower Administration, Manual for manpower administration Title VI complaint investigations, 1965.

Order: US Dept of Labor, Office of Manpower Administration, Organization, responsibilities and procedures for implementation of Title VI, 1964 Civil Rights Act, Order No 22-65, Jy 15, 1965.

Memorandum: US Vice Pres to President, Recommended reassignment of civil rights functions, Office of White House Press Secy. Sept 24, 1965.

And see Intl Bhd of Electrical Workers, 203.4.

And see Grillo, 533.NJ.5; Dinkins, 533.NJ.6.

Report: Ohio Civil Rights Commn, Racial discrimination in Cincinnati Building Trades, Feb 24, 1966.


575.18. Howard v St Louis, San Francisco RR and Bhd of RR Trainmen (ED Mo, ED #62 C 358(3)) (244 FSupp 1008, 10 RRLR 1731) Facts: X DOCKET 84, 130. Aug 10, 1965: Ct held evidence failed to establish pattern of discrimination by Defs or collusive action between them, granted Defs' motion for summary judgment. Mar 1966: Appeal to CA 8 pending.
575.20. NY Commn for Human Rights v Farrell, Local 28 Sheet Metal Workers Intl (NY Sup Ct, App Div, 1st Dept) (262 NYS2d 526, 263 NYS2d 250, 264 NYS2d 489; 10 RRLR 1741, 11 RRLR 319) Facts: X DOCKET 130, 164. Sept 24, 1965: Sup Ct rejected Def's argument that economy of industry did not warrant expansion of its labor force, directed commencement of new apprenticeship class of 65 members. Nov 18: App Ct affirmed; held: (1) lower ct did not go beyond jurisdiction in ordering specific measures to effectuate Commn's order; (2) since it is Commn's duty to police activities of parties, no need for court to reserve jurisdiction.
575.28. Turner v Los Angeles Realty Bd (LA Super Ct, #834151) Facts: X DOCKET 84, 130. 1965: Sup Ct denied writ of mandate to require trial ct to keep Def Bd as Def in mandamus part of case. Pre-trial discovery pending.

Joseph A Ball, Ellis J Horvitz, Paul P Selvin, George Whitaker, Yvonne Brathwaite, Herbert A Bernhard, Marshall Ross, Esqs, ACLU, 323 W Fifth St, Los Angeles.

575.29. NLRB v Local 12, United Rubber Workers of America (Gadsden, Ala) (CA 5, #22239) Facts: X DOCKET 130.

Je 16, 1965: CA granted permission to David Buchner to file amicus brief. Arguments: (1) since Negro employees in bargaining unit excluded from benefits of membership in Pet-union, they must be regarded as constructive non-members; (2) deprivation of right to union assistance constitutes restraint on §7 right to bargain collectively; (3) §8(b) (2) violated by Pet-union's attempt to induce employer to discriminate against Comp; (4) bargaining agent's duty to bargain in good faith encompasses duty to represent in good faith.

David Buchner, Esq, amicus.

575.31. NLRB v Tanner Motor Livery (CA 9, #19,748) (10 RRLR 1727) Facts: X DOCKET 164. Je 29, 1965: CA sustained ruling that §7 protects workers' activities, but remanded to Bd to determine whether employer could, nevertheless, discharge employees who don't seek to act through established collective bargaining representative having contract with employer.
575.42. Teamsters Local No 695 v E Gibes Distributing (Wisc Employment Relations Bd, Case II #10257 R-4155) Je 11, 1965: Before referendum on union shop agreement, Def-employer told drivers that Pl-union would compel hiring of Negroes, causing loss of Caucasian customers, resulting in loss of work. Union lost referendum. Jy 15: Pl filed objections to referendum. Oct 29: Bd ruled Def's appeal to racial prejudice for purpose of influencing representation election or referendum grounds for setting aside results.
575.43. Re St Louis AFL-CIO Bldg Trades Council (US Dept of Justice) Members of unions of Council refused to work with Negro employees of E Smith Plumbing Co, who are members of non-AFL-CIO union. Feb 2, 1966: Dept of Labor asked Dept of Justice to bring action to prevent interference with employer's compliance with equal employment opportunity clause in his Gov't contract. Pending.
575.44. In re Dr Vincent Conigliaro (NYC Human Rights Commn) 1962: Conigliaro, Caucasian doctor from Italy, resigned from NY Co and State Medical societies when told members must join AMA, organization holding policies, including opposition to Medicare, with which Conigliaro disagreed. He attempted to gain membership in Natl Medical Assn and Manhattan Central Medical Society, predominantly Negro assn, which for 3 yrs blocked his admittance. Nov 1965: complaint filed with Commn. Pending.
576. Other Racial and Religious Discrimination
And see 63.3, 63.3a, 63.4, 63.23, 63.32.

Administrative Rulings: Aug 18, 1965: EEOC ruled it is clear violation of 1964 Civil Rights Act, Title VII, to designate racial qualification in help wanted ads.


576.20. Connecticut Commn on Civil Rights v Scovill Co (Conn Sup Ct of Errors) (215 A2d 130, 11 RRLR 315) Facts: X DOCKET 85, 164. Nov 30, 1965: Sup Ct reversed order for Commn; complaint defective in not containing date or dates of alleged unfair employment practice; 90 day filing requirement (Conn Gen Stats §31-127) applies to Commn's own complaints and runs from last denial of employment to applicant, not from failure of employer to accede to requests of Commn; record did not indicate that Def, employer, discriminated; remanded with directions to sustain Def's first appeal.

Conn Civil Rights Commn, 92 Farmington Ave, Hartford.

- 109 -

576.30. Stokes v Allen Industries (Detroit) (Mich Civ Rights Commn) Sept 1965: Commn scheduled h'g on complaint that Pl lost job because she married a Negro. Pending.
576.31. In re Lois Jackson Shaw (Sausalito) (Calif Workman's Compensation App Bd) Jan 12, 1964: Mrs. Shaw, a Negro, 52-yr old custodian, collapsed at work, collected mthly disability payments until resignation yr later. Negro psychiatrist's report to State Compensation Ins Fund stated she suffered persecution delusions, apparently stemming from racial discrimination. Bd allowed Mrs Shaw $7,000 settlement.

Thomas Ryan, Esq, 1095 Market St, San Francisco.

576.33. NAACP v Bell Laboratories (Equal Employment Opportunity Commn, Washington, DC) Def moved Negro employees to new plant. Employees unable to find homes. Feb 25, 1966: Pl charges Def violated 1964 Civil Rights Act equal employment provisions by not finding homes as it normally did for transferred employees. Pending.
577. Nationality Discrimination
578. Sex Discrimination
UN DECLARATION OF HUMAN RIGHTS: Art 23(2)

See Brinkley, 576.28.

Deposition of Robert Coles, MD, Harvard Univ, on psychological effects of segregation and of exclusion of Negroes and women from juries, Nov 23, 1965. Pls' Appendix A in White, 512.Ala.10. In Meiklejohn Civil Liberties Library.

Bibliography: Recent materials on status of women. Pls' Appendix G, White, 512.Ala.10. In Meiklejohn Civil Liberties Library.

Article: Pauli Murray and Mary O Eastwood, Jane Crow and the Law: Sex discrimination and Title VII of Civil Rights Act, 34 G Washington 232-56.

Report: US Dept of Labor, The legal status of women in USA, for California (and other states). Women's Bureau Bull 15 7-4, Jy 1, 1963.

Summary: US Dept of Labor, Laws affecting women—California, Feb 1, 1965.

Memorandum: US Dept of Labor, Women's Bureau, Equal opportunities for women under Title VII of Civil Rights Act of 1964, Oct 1, 1965.

Pamphlet: US Dept of Labor, Women's Bureau: (1) Summary of state labor laws for women, Jy, 1965. (2) Know your rights—what a working wife should know about her legal rights, Leaflet 39. (3) Laws on sex discrimination in employment, incl state FEP Acts. Jy 15, 1965. (4) Background facts on women workers in US. 1965. 16 pp.

Article: Ann Fagan Ginger, How woman's work is sometimes done, 24 The Natl Lawyers Guild Practitioner 100-105.

Administraitve Rulings: Wisconsin FEP proposed rule to abandon distinction in classified ads between help wanted—male and—female columns except where nature of work or working conditions provide valid reasons for distinction.

Nov 1965: EEOC determined that employers will no longer be permitted to refuse to hire or promote women on ground that their fellow workers or customers would not accept them.

Re newspaper ads with respect to sex, Apr 28, 1966: EEOC revised policy, said ads may be placed in either male or female column, but advertiser must be prepared to justify his preference as a bona fide occupational qualification.

Book: Shirley Sargent, Pioneers in petticoats: Yosemite's early women—1856-1900. 1966. Trans-Anglo Books, Los Angeles. 80 pp.

And see Georgia v 40 Prostitutes, 57.19.


578.3. NLRB v Montgomery Ward (156 NLRB, No 5, #13-CA-6745) (1965 Employ Prac Guide CCH #8031) Woman employee, Betty Frese, circulated petition opposing discriminatory wage scale for women employees as illegal under Equal Pay Act. Employer interrogated her about agitation, threatened to fire her if it continued. She quit. Dec 14, 1965: NLRB held employee's activity protected under Taft-Hartley Act, employer's action an unfair labor practice; issued cease and desist order.
578.5. Re Kuper v Commr of Internal Revenue (USSC, #462 Oct Term 1964) Briefs in Meiklejohn Civil Liberties Library re League of Women Voters tax exemption.
579. Age Discrimination

579.2. Walker Co v Industrial Commn (Wis Sup Ct, #280) Facts: X DOCKET 85. Oct 19, 1964: Cir Ct (Dane Co) reversed Resp-Commn's cease-and-desist, rehiring, and back-pay order, held alleged age discrimination was under contract between union and employer who engaged in interstate commerce, so Commn's jurisdiction pre-empted by fed'l legislation. Sup Ct rejected pre-emption holding but affirmed on other grounds: Fair Employment Act (Wis Stats §§111.31-111.37) exempts retirement plans from age-discrimination prohibition; Commn erred in finding Co used contract as subterfuge.

Wisconsin Industrial Commn, Madison.

579.4. Steeves v West Haven Bd of Educ (Conn Super Ct) Apr 22, 1965: Civil Rights 1963: Resp denied employment as adult education supervisor to 50-yr-old Comp on grounds of age; Commn found Resp violated FEP statute; ordered Comp hired and given 2 yrs' back pay. Aug 20, 1965: Super Ct dismissed Resp's appeal: Altho Ct disagreed with finding of discrimination, its review limited to determination whether finding supported by substantial and competent evidence.
580. Civil Actions Under Civil Rights Laws Not Otherwise Covered (see 304, 551-555, and 590)

580.15. Smith v Ladner (Jackson) (SD Miss, #3905) Pls attempted to form non-profit corporation to comply with requirements of poverty program. Def, Miss Sec'y of State, refused to certify corporation; Def, Miss Atty Gen'l, rendered decision that Pls' corporation, altho not violative of US or Miss constitutions, would be contrary to best interests of state. Feb 21, 1966: Pls filed suit asking for affirmative equitable relief from 3-judge fed'l ct: deprivation of civil rights under color of state law. Pending. Carsie A Hall, Jack H Young, Edward H Tucker, Esqs, 115½ N Farish St; R Jess Brown, Esq, 125½ N Farish St; Richard E Tuttle, John H Doyle, III, Carl R Neil, Esqs, 233 N Farish St, all of Jackson, Lawyers' Comm.
- 110 -

590. Criminal Prosecution Under Civil Rights Laws (and see 304, and 580)

590.10. US v Price (Neshoba Co, Miss) (USSC) Facts: X DOCKET 132. Mar 28, 1966: USSC reversed and remanded, (unan), Fortas, J: (1) sole question: whether specified statutes make criminal the conduct for which 18 Defs indicted; (2) Defs did not appeal from DC sustaining misdemeanor count; (3) DC properly sustained 18 USC §242 charges re 3 Defs—sheriff, deputy, patrolman, concluding offense under §242 properly stated by allegations of willful deprivation, under color of law, of life and liberty, without due process; (4) DC improperly dismissed §242 charges against 15 non-officials: "Private persons, jointly engaged with state officials in the prohibited action, are acting &`under color' of law for purpose of the statute. [It] . . . does not require that the accused be an officer of the State. It is enough that he is a wilful participant in joint activity with the State or its agents"; fn: " &`Under color' of law means the same thing in §242 that it does in the civil counterpart to §242, 42 USC §1983. . . . In cases under §1983, &`under color' of law has consistently been treated as the same thing as the &`state action' required under the Fourteenth Amdt"; (5) DC improperly dismissed §241 charges against all Defs: "The language of §241 is plain and unlimited. . . . [It] embraces all of the rights and privileges secured to citizens by all of the Constitution and all of the laws of the US"; allegation is "of state action . . . official, state participation in murder, accomplished by and through its officers with the participation of others." Appendix: Remarks of Sen Pool, NC, on sponsoring §§5, 6, 7, 1870 Enforcement Act. Black, J, conc.
590.12. Alabama v Wilkins, Thomas, Eaton (Hayneville) Facts: X DOCKET 165. Correction: Wilkins acquitted of Liuzzo murder; Thomas and Eaton trials pending.

And see 590.12a.

590.12a. US v Eaton, Thomas and Wilkins (MD Ala) Mar 25, 1965: Viola Liuzzo, wife of Detroit Teamsters Union officer, marched in Selma civil rights parade; rode in her auto afterward; shot and killed. Dec 3, 1965: Defs convicted of conspiracy to deprive citizen of civil rights under 1870 law; 10 yrs.

And see Wilkins, 590.12.

590.13. US v Guest (Athens, Ga) (USSC) (246 FSupp 475) Facts: X DOCKET 165. Mar 28, 1966: USSC reversed and remanded (5-4), Stewart, J: (1) Since DC held one paragraph defective as matter of pleading, USSC precluded from reviewing it under Criminal Appeals Act; (2) "nothing . . . in this opinion goes to the question of what kinds of other and broader legislation [than 18 USC §241] Congress might constitutionally enact under §5 of the Fourteenth Amdt"; (3) DC properly dismissed charge that Defs conspired to harass Negro citizens in free exercise of right to equal utilization of public facilities owned, operated by State or any subdivision because indictment names no person alleged to have acted in any way under color of state law; §241 "does not purport to give substantive, as opposed to remedial, implementation to any rights secured by [the Equal Protection] Clause";

(4) while 14th Amdt protects individual against state action, not wrongs done by individuals, indictment here expressly alleges sufficient state involvement by alleging one means of carrying out conspiracy was by causing arrest of Negroes by false reports that they had committed criminal acts; (5) DC erred in dismissing indictment alleging Defs conspired to violate Negro citizens' rights to travel freely to and from Ga and to use interstate highways within Ga: there is constitutional right to travel from state to state and to use highways, and if predominant purpose of Defs' conspiracy is to impede such use, whether or not motivated by racial discrimination, it comes within §. Clark, J (Black, Fortas, JJ) conc: "there now can be no doubt that the specific language of §5 [of 14th Amdt] empowers the Congress to enact laws punishing all conspiracies—with or without state action—that interfere with Fourteenth Amdt rights." Harlan, J conc and diss: re §241: Majority now says "no matter how compelling the proofs that private conspirators murdered, assaulted, or intimidated Negroes in order to prevent their use of state facilities, the prosecution . . . must fail in the absence of proofs of active connivance of law enforcement officers with the private conspirators in causing the false arrests. . . . I believe that §241 reaches such a private conspiracy, not because the Fourteenth Amdt of its own force prohibits such a conspiracy, but because §241, as an exercise of congressional power . . . prohibits all conspiracies to interfere with the exercise of a &`right . . . secured . . . by the Constitution' and because the right to equal utilization of state facilities is a &`right . . . secured . . . by the Constitution' within . . . §241."

590.19. US v 14 Mississippi Klansmen (Hattiesburg) (Dahmer murder) Jan 9, 1966: Nightrides firebombed home of prominent Negro leader and businessman, Vernon Dahmer. Jan 10: Dahmer died from burns. Mar 28, 1966: FBI charged Defs with conspiracy to deprive citizen of civil rights under 1870 law. Pending.
590.20. US v Humphries (MD Ga, #3021) Aug 28, 1965: Willie Lamons enrolled children in white school; arrested, beaten by deputy sheriff. Feb 21, 1966: Def charged with violation of 1870 civil rights act, unlawful for law officer to deprive person of constitutional rights. Apr 5, 1966: Def acquitted by jury.

Floyd M Buford, US Atty, Macon, Ga.

590.21. US v Sessums (SD Miss) Je 16, 1965: 2 persons at civil rights demonstration beaten by law officer. Feb 18, 1966: Def charged with violation of 1870 law, depriving persons of constitutional rights. Pending.
590.22. US v Squires, Jolly (SD Miss) Je 13, 1965: 2 Negro rights workers arrested and beaten while in custody. Feb 18, 1966: Defs charged with depriving Negroes of constitutional rights in violation of 1870 law. Pending.
590.23. US v Davis, Jones (SD Miss) Defs allegedly beat Negro prisoner in effort to extract confession. Feb 7, 1966: Defs charged with violation of 1870 Civil Rights Act. Pending.
- 111 -

590.24. US v Elder (ND Miss) Je 8, 1964: 5 Negro rights workers stopped by patrolman and beaten. Jan 30, 1965: 5 prisoners beaten by other prisoners while in jail. Feb 7, 1966: Def-policeman charged with violating rights of these persons under 1870 law. Pending.
590.25. US v Knight (ED La, New Orleans Div) Oct 20, 1965: Defs allegedly beat Negroes during demonstration. Dec 30, 1965: Justice Dept filed charges against Defs for violating civil rights of Negroes under 1870 law. Pending.

And see Knight, 63.31.

600. Suits Involving Constitutional Rights of American Indians
Records: Peter LaFarge, As long as the grass shall grow. Folkways FN 2532;

Johnny Cash, Bitter tears. Columbia CL 2248.

Article: Albert E Kane, The Negro and the Indian: A comparison of their constitutional rights. Spring Arizona 1966.

Bill: S 961 and SJ Res 40: To protect constitutional rights of American Indians, US Senate.

Study: Calif Div of Labor Statistics and Research, released by Fair Employment Practices Commn, American Indians in California, Jan, 1966.

601. Civil Actions Between Individuals and Tribes
602. Civil Actions Against Reservation Indians

602.6. Warren Trading Post Co v Arizona State Tax Commn (USSC, #115) Facts: X DOCKET 132. Apr 29, 1965: USSC reversed; state may not tax sales made to Indians living on reservation; tax violates fed'l laws governing trading on Indian reservations and fed'l policy of encouraging self-government by reservation Indians.
602.7. Little v Udall (DC DC) 1963: Def, Sec'y of Interior, alleging misconduct, suspended further performance by Pl, atty for Navajos. Pl's contract vested exclusive authority to terminate Pl's services with Navajos. May 22, 1965: DC held for Pl; in absence of action by Navajos, Def had no power to discharge Pl.
603. Criminal Actions Against Reservation Indians
604. Actions Involving Property Rights

604.7. In re Haidas Tribe (Hydaburg, Alaska) (Dept of Interior) 1965: Bureau of Indian Affairs closed Pet's salmon cannery, allegedly because it was inefficient. Mar, 1966: h'g before Dept of Interior to determine status of cannery. Pet alleged Bureau: (1) misrepresented inefficiency of cannery, (2) failed to help Pet create new jobs. Pending.

David Birenbaum, Esq, Assn of American Indian Affairs, 432 Park Ave So, NYC.

604.8. Bowman v Udall (DC DC) 1963: Def, Sec'y of Interior, ordered restoration of San Carlos Mineral Strip to Apaches. 1965: Pl, rancher holding grazing permit on the land, sued to enjoin Def from effectuating order. June 19: DC held for Def: (1) Pl had no standing to sue, (2) Def has power under §1934 Indian Reorganization Act to restore to Indians surplus land "the proceeds of which, if sold, would be deposited in the Treasury of the US for the benefit of the Indians."
604.9. In re Taos Indians (New Mexico) (Indian Claims Commn) 1906: US took Blue Lake, 130,000 acre tract which is Taos' most important religious shrine. Sept 8, 1965: Commn ruled when area was appropriated, it belonged to tribe by "aboriginal title," but it will take Act of Congress to return Blue Lake and other religious sites to rightful owners.
604.10. Washington v Gregory and Gregory (Olympia, Wash) (Thurston Co Super Ct, ##C-3161, C-3162) Feb 16, 1966: Comedian Dick Gregory, his wife, and several Nisqually Indians fished on Nisqually River in defiance of state conservation regulations and ct orders; arrested. Gregory, after spending 2 days in jail, fasted in protest of denial of Indian fishing rights, released on bail. Trial set for Nov, 1966.
604.11. Powless v New York State Tax Comm'r (USSC, #919) 1965: Pet paid state income tax, sued for refund challenging power of state to tax income of Indians living on reservation altho money earned off reservation. NY Ct of App sustained state tax. Feb 21, 1966: USSC den cert.

Omar Z Ghobashy, Esq, 15 Park Row, NYC.

605. Condemnation of Land of Indian Reservations