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CIVIL LIBERTIES DOCKET
Vol. II, No. 1
October, 1956
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ABOUT THE CIVIL LIBERTIES DOCKET

The DOCKET is published 4 times each year, October to June, by the National Committee on Constitutional Rights and Liberties, Osmond K. Fraenkel, chairman, Ann Fagan Ginger, editor.

I. FREEDOM OF EXPRESSION AND ASSOCIATION (FIRST AMENDMENT RIGHTS) (10-299)

Book:

Walter Gellhorn, Individual Freedom and Governmental Restraints, La. State Univ. Press, 1956 (260 pp., $3.75).

SPEECH AND PRESS (10-99) See also Association (200-299)
Law review articles:

Nanette Dembitz, Congressional investigation of newspapermen, authors, and others in the opinion field—Its legality under the First Amendment, 40 Minnesota L. R. 517-560 (April, 1956).

Paul A. Freund, Constitution law, in Law and the future: A symposium, 51 Northwestern Univ. L. R. 187-195 (May-June, 1956).

George K. Gardner, Free speech in public places, 36 Boston Univ. L. R. 239-252 (Spring, 1956).

10. Licensing
11. Meetings
12. Motion Pictures

12.1. Times Film Corp. v. Chicago. (CA 7.) (DC Ill., 55 C 1006, 1955.) Suit to enjoin Def.-City from interfering with showing of film, "The Game of Love", after Censorship Bd. refused permit. Dist. Ct. overruled Master who reported favorably on picture and recommended holding ordinance unconstitutional, upheld advisory jury, held statutory terms "immoral" and "obscene" not vague and uncertain; held movie came within statutory proscription. On appeal.

Abner Mikva, Esq., 231 S. LaSalle St.. Chicago.
12.2. Kingsley Intl. Pictures Corp. v. N. Y. Bd. of Regents. (N. Y. Sup. Ct., Albany Co.) Suit by distributors of "Lady Chatterley's Lover" testing constitutionality of Sec. 122-122a, NY Educ. Law and refusal of NY Bd. of Regents to grant state license to movie. On appeal. Ephraim London, Esq., 150 Broadway, NYC.

Law review notes:

Motion picture censorship—Social control and the Constitution, 17 Ohio State L. J. 227-239 (Spring, 1956).

Constitutional censorship of motion pictures—An iconoclastic view, 4 Univ. of Pitthburgh L. R. 637-659 (Summer, 1956).
13. Peddlers
14. Miscellaneous
20. Administrative Restrictions
21. Customs

21.1. U. S. v. 31 Photographs, et al. (SD NY, #AD 189 50.) Libel filed by U. S. Customs to gain permanent possession, in order to destroy, collection of photos, books, etc. shipped from Europe and Far East to late Dr. Kinsey's Institute for Sex Research, U. of Ind., on ground they constitute "obscene material". Def.-Institute filing claim for possession, and answer.

Harriet F. Pilpel of Greenbaum, Wolff & Ernst, 285 Madison Ave., NYC.
22. Post Office
23. Miscellaneous

23.1. Daily Worker v. Moysey. (CA 2.) Newspaper seized on alleged deficiency tax for year 1951, simultaneously with seizure of Communist Party (202.1). Tax imposed on moneys received as gifts (which under law are non-taxable), because names of donors not supplied. Dist. Ct. denied injunction pendente lite to enjoin collection of tax on claim that levy was deliberate and intentional interference with publication of newspaper in violation of First Amendment, holding law does not permit enjoining tax levy. Appeal pending.

Harry Sacher, Esq., 342 Madison Ave., NYC.
23.2. Walker v. Mayor D'Alesandro. (Md. Ct. of App.) Pl.-artist suing Baltimore's Mayor for forcing removal of Pl.'s
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painting from Peale Museum as "morally objectionable, obscene, indecent". Super. Ct. held Mayor immune from civil suits filed re acts done in official capacity, that he had authority to act as "conservator of the peace". Issues: can such "conservator" censor?

Fred E. Weisgal and Stanley Sollins, Esqs., both of 817 Fidelity Bldg.; H. Warren Buckler, Jr., and Robert C. Prem, Esqs., both of 800 Balt. Life Bldg., all of Baltimore, Md.
30. Economic Restrictions

30.1. Independent Productions Corp. and I.P.C. Distributors, Inc. v. Loew's, Inc., et al. (SD NY, Civ. #110-304.) Pls.-producers of movie "Salt of the Earth" (re strike of Mine, Mill Union, see 203.1) brought action against 62 producing, distributing, exhibiting and processing companies charging violation of U. S. anti-trust acts. Pls. allege Defs. black-listed 3 persons engaged in production of movie and thus made it impossible to obtain adequate distribution of film. Pending.

Rosston, Hort and Brussel, Esqs., 141 Broadway, NYC.
40. Contempt
41. Federal Courts
42. State Courts
43. Other agencies
50. Criminal Sanctions
51. Disorderly conduct
52. Obscenity (see also 12)

52.1. Butler v. Michigan. (U.S.S.C., #548, Oct. Term, 1955.) App't fined $100 for selling book, "The Devil Rides Outside", under Mich. statute outlawing sale or distribution of books "containing obscene, immoral, lewd or lascivious language" tending to incite minors to violent or immoral acts. Appeal raises question as to 1) vagueness of state statute; 2) unconstitutional limitations on freedom of press. To be argued Fall, 1956.

Manuel Lee Robbins, Esq., 30 Broad St., NYC; William G. Comb, Esq., Detroit, Michigan.
52.2. Alberts v. California. (U.S.S.C.) Def. convicted on 2 charges under Calif. Penal Code, Sec. 311: lewdly keeping for sale "obscene and indecent" books; advertising them. Calif. Sup. Ct. affirmed, holding: statute "not unconstitutionally indefinite"; fact that literature was distributed by mail did not render statute inoperative. Appeal to U.S.S.C. pending on ground that Calif. statute is in violation of due process and freedom of press provisions of U. S. Constitution and inapplicable to the mailing of or sale by mail of circulars, a sphere of activity reserved exclusively to Federal Gov't.

Stanley Fleishman, 174 North Ivar Ave., Los Angeles.

Motion for A.C.L.U. of S. Calif. to file amicus brief denied Oct. 8.
53. Defamation
54. Sedition (see also 241-4)

54.1. U. S. v. Powell, et al. (ND Calif., S. Div., #35065.) Indictment under 50 U.S.C., Sec. 2388, charging Defs. with wartime sedition during Korean conflict: interfering with operation and success of U.S. military forces; promoting success of its enemies, insubordination, disloyalty, mutiny, refusal of duty, obstruction of recruiting and enlistment; reporting on "bacteriological warfare", war casualties and "American sabotage of Korean peace talks", while publishing China Monthly.

Motions to dismiss denied; motions to take depositions of witnesses in China granted.

McMurray, Brotsky, Walker, Bancroft & Tepper, Esqs., 785 Market St., San Francisco; Stanley Faulkner, Esq., 9 East 40th St., NYC; A. L. Wirin, Esq., 257 S. Spring St., Los Angeles.
55. Picketing

55.1. People of New York v. Carcel and Collazo. (N. Y. Ct. of Spec. Sess., App. Part.) Defs. convicted for breach of peace (NY Penal Law, Sec. 722(2)) for picketing and distributing leaflets on independence of Puerto Rico, freedom for political prisoners, on sidewalk entrance to UN grounds. During trial, UN Deputy disavowed UN jurisdiction over sidewalk but appeared amicus to support prosecution. Issues: jurisdiction of NYC over sidewalk; right to picket. Appeal argued Oct. 5.

Conrad J. Lynn, Esq., 141 Broadway, NYC.

Amicus brief filed by N.Y.C. Civil Liberties Union, by George Rachlin, Esq., 46-10 11th, L. I. City and Lester C. Migdal, Esq., 11 W. 42nd, NYC.
56. "Corrupt Practices"

56.1. U. S. v. UAW-CIO. (U.S.S.C.) Dist. Ct. dismissed 4-count indictment charging Def.-union with violating fedl. Corrupt Practices Act (18 USC 610) by spending $5,985 for TV broadcasts endorsing candidates in Democratic primary and general election in Nov., 1954, held statute did not apply to Def. as payments did not constitute "expenditures in connection with" the elections, as contemplated in law. Ct. did not pass on whether Act violates First Amendment. Govt.'s petition for cert. granted; briefs filed.

Harold A. Cranefield, U.A.W. General Counsel, 8000 E. Jefferson Ave., Detroit 14.
57. Miscellaneous

57.1. People of New York ex rel. Hearn v. Muste, et al. (Spec. Sess., App. Term, NY Co.) 19 Def.-pacifists convicted of misdemeanor under NY State Emergency Defense Act, Sec. 102, for refusal to participate in air raid drill. Sentences suspended. Issues on appeal: statute unlawful delegation of war power by Congress to states and municipalities; Congress had no war power at time of Defs.' action; statute says on its face it will interfere with First Amdt. rights and is unconstitutional therefore; arrests denied Defs.' equal protection since others (incl. patrons at Yankee Stadium) were exempt from arrest for non-participation in Air Raid drill; Defs. should have been treated as exempt persons under statutory exemption applied to persons of "recognized" religious persuasions. Pending.

Kenneth Greenawalt, Esq., 1 Wall St., NYC; Prof. Harrop Freeman, Cornell University, Ithaca, NY.
57.2. People of New York v. Peck, et al. (NYC Magis. Ct.) 19 pacifists arrested for refusal to take shelter in air raid drill. Facts and issues similar to Muste (57.1). Def.-physicist physicist claimed: "An officer said to take shelter. Shelter means protection, and there is no protection in NYC now against H-bomb." Trial adjourned until appeal in Muste argued.

Kenneth Greenawalt, Esq., 1 Wall St., NYC.
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57.3. People of New York v. Panagakos. (NY Ct. of App.) After arrest, Def. pleaded guilty under NY Vagrancy Law, which punishes those over 16 yrs. of age who have not been county residents for 6 mths., have no apparent means of support and do not work. Def. incorrectly sentenced to 6 mths. and $500 fine. After release on habeas corpus for this reason, action brought to vacate judgment on ground of unconstitutionality of statute. Ct. Ct. denied motion to vacate. Appeal pending.

Emanuel Redfield, Esq., 60 Wall St., NYC.
57.4. People of California v. Aykens and Wallace. (App. Dept., Super. Ct., San Mateo.) Appeal from Defs.' conviction under Calif. vagrancy law. Issue: constitutionality of statute. Pending.
60. Civil Sanctions
61. Defamation
62. Injunctions in labor disputes
63. Other injunctions

63.1. Krebiozen Research Foundation v. Beacon Press, Inc. (U.S.S.C., #286.) Pls., interested in production and sale of drug "krebiozen", sought injunction to prevent Def.'s publication of book "Krebiozen, The Great Cancer Mystery", alleging it would assert drug was worthless and would assail Pl.'s motives and practices. Issue: would injunction constitute prior restraint of publication in violation of state and fedl. guarantees of free press? Def.'s demurrer sustained; Sup. Jud. Ct. denied injunction. Oct. 8: U.S.S.C. denied cert.

Frank B. Frederick, Hervey W. King, Victor H. Kazanjian, Esqs., 50 State, Boston.
FREEDOM OF RELIGION (100-199)
110. Separation of Church and State
120. Pacifists and Conscientious Objectors
See Lumpkin (502.1).
130. Denial of Tax Exemptions

130.1. People's Church of San Fernando Valley, Inc. v. County of Los Angeles. (Calif. Sup. Ct.) Pl.-church filed claim for customary religious tax exemption, striking out "loyalty declaration" required by statute and recent constitutional amendment (Calif. Const., Art. XX, Sec. 19). Tax Collector sent tax bill; church paid first installment under protest; brought action to recover on ground assessment illegal and invalid as violation of 1st Amdt. rights to freedom of religion and expression. L. A. Co. Super. Ct. held: statute is discriminatory. On appeal, together with 130.2 and 130.3. Pending.

Wirin, Rissman & Okrand, Esqs., 257 S. Spring, Los Angeles.
130.2. First Methodist Church of San Leandro v. Horstmann, et al. (Calif. Sup. Ct.) Consolidated on appeal with 130.1 and 130.3.

William T. Belcher, Esq., Fox-Oakland Bldg., Oakland; Lawrence Speiser, Esq., for A.C.L.U. of N. Calif., 503 Market St., San Francisco.
130.3. First Unitarian Church of Berkeley v. Horstmann, et al. (Calif. Sup. Ct.) Consolidated on appeal with 130.1 and 130.2.

Phillips, Avakian & Johnston, Esqs., Financial Center Bldg., Oakland; Lawrence Speiser, Esq., for A.C.L.U. of N. Calif., 503 Market St., San Francisco.
130.4. American Unitarian Assn., et al. v. County of Santa Clara, et al. (Santa Clara Co. Super. Ct., Calif.) Facts and issues similar to People's Church (130.1). Pending.

Landels & Weigel, Esqs., 275 Bush St., San Francisco.
130.5. Fellowship of Humanity v. Co. of Alameda and City of Oakland. (Super. Ct., Alameda Co., #250074.) Pl.-Humanist Church denied real property tax exemption on ground its property not used "solely and exclusively for religious worship", constitutional test for church tax exemption. At trial of Pl.'s suit to recover taxes paid, Defs. introduced evidence to show: discussion topics "leftist" in content; property also used by outside "subversive" organizations; Humanism not a religion. Trial ct. found inter alia, other churches discussed similar topics, permitted use of premises by outside organizations. Ct. held Pl.'s property used "solely and exclusively for religious worship"; Pl. entitled to church exemption. Def.'s appeal pending.

McMurray, Brotsky, Walker, Bancroft & Tepper, 785 Market St., and George Olshausen, Esq., 1238 Pacific Ave., all of San Francisco.
140. Miscellaneous Restrictions

140.1. Rev. Dawkins v. Station KGFJ. (Calif. Super. Ct., Los Angeles County.) After Def.-radio station wrote Pl.-Negro minister a letter warning him his religious services would be taken off the air if he continued to discuss "racism", Pl. filed suit to enjoin Def. from censoring his radio sermons against racial segregation. Pending.

George L. Vaughan, Jr., Esq., and Loren Miller, Esq., 524 S. Spring St.; A. L. Wirin, Esq., 257 S. Spring St., all of Los Angeles.
ASSOCIATION: As affecting the organization itself (200-239)
200. Privileges
201. Meetings
202. Tax exemption

202.1. Communist Party v. Moysey. (U. S. Tax Ct.) Without prior notice or warning, Def. Internal Revenue Dir. seized Pl.'s offices and those of affiliated state organizations, appropriating property and cash found on premises against deficiency income tax for 1951. Pl. suing to enjoin collection of tax until appeal from assessment tried in Tax Ct. Dist. Ct. denied motion for temporary injunction on ground law provides no such remedy and unique treatment of Pl. as political party immaterial. Issues: Whether Pl. has any taxable income; whether political parties are required to file income tax returns or pay taxes; whether Pl.'s refusal to furnish Def. with names of donors makes all money received taxable. Petition in Tax Ct. to set aside assessment pending.

John Abt, Esq., 11 Park Pl., NYC.
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202.2. Green v. Javits, et al. (NY Spec. Term.) (350 U. S. 910, NYLJ Mar. 30, 1956, p. 5.) Action against NY Atty. Genl. to enjoin enforcement against Pl. of NY State Social Welfare Law, Art. 10 (requiring annual registration and reporting by all chritable organizations, authorizing Atty. Genl. to obtain order for examination of organization and witnesses before trial as basis for prosecution for failure to comply). Such order obtained for examination of Pl. as sec'y, Am. Comm. for Protection of Foreign Born. Issues: application of law to organization which is political, not charitable; does law interfere with its federally-protected rights of free speech, press and petition. N. Y. App. Div. returned case to Referee in Spec. Term for hearing on character of Comm. Pending.

Blanch Freedman and Gloria Agrin, Esqs., 220 Broadway, NYC.
203. N.L.R.B. certification

203.1. Leedom, et al. v. Intl. Union of Mine, Mill & Smelter Workers. (U.S.S.C., #57.) (351 U. S. 949, 226 F. 2d 194.) Feb., 1954, N.L.R.B. issued order directing "administrative investigation" re truth or falsity of 5 Taft-Hartley non-Communist affidavits executed by secy.-treas. between 1949-1953. (See Travis, 291.4.) Feb., 1955: N.L.R.B. issued order finding affidavits false, that members of union were aware of their falsity, therefore union had not been in compliance with requirements of 9h. Finding based on public statement of Travis resigning from Communist Party prior to signing first oath, which Bd. held was in fact statement that he did still believe in and support Comm. Party in its advocacy of violent overthrow of Gov't. Pl.-union sought preliminary injunction. Feb., 1955: DC DC denied certification to Union. Nov., 1955: CA DC reversed, citing Farmer (221 F. 2d 862.) Argument in U.S.S.C. 1956 Term with 203.2.

Nathan Witt, Esq., P.O. Box 156, Ansonia Sta., NYC.
203.2. Amalg. Meat Cutters & Butcher Workmen of N. Am. v. N.L.R.B. (U.S.S.C., #40.) (351 U. S. 905, 226 F. 2d 194.) Facts and issues similar to 203.1. CA 6 refused to consider N.L.R.B. enforcement petition for reinstatement of 24 workers, holding Union retroactively decomplied (as of 1952) because of officer's conviction for filing false affidavit in 1950. (See Gold, 291.2). 1950 affidavit functus officio in 1952; Union's 1952 compliance status based on Gold's uncontested 1951 affidavit. Added issue: whether punishment for officer's guilt may be extended to 24 workers in same union. Argument in U.S.S.C. 1956 Term with 203.1.

Harold Cammer, Esq., 9 E. 40th, NYC.
204. Continued existence

204.1. Alabama ex rel. Atty. Genl. Patterson v. N.A.A.C.P. (Ala. Ct. of App.) Pet. accused N.A.A.C.P. of organizing and supporting Montgomery bus boycott (see Rev. King, 244.4), providing financial assistance to Pls. Lucy, Hudson (522. Ala. 1), being out-of-state corporation engaged in business in Ala. without complying with Ala. laws. June 1: Temporary restraining order issued, ex parte, against N.A.A.C.P. prohibiting it from conducting further business in the state, organizing new chapters, collecting funds, or complying with foreign corp. registration law. Jy.: Cir. Judge granted Atty. Genl. permission to examine N.A.A.C.P. files showing membership lists, names of persons authorized to solicit members and funds, bank and property data, and copies of charters. On Def's. refusal to produce these records, because of fear of economic and physical reprisals against members, $10,000. fine imposed, increased to $100,000. for continued refusal. On appeal, Ala. S. Ct. refused to suspend fine while appeal pending; refused extraordinary writ to permit appeal directly to Ala. S. Ct. Oral argument in Ala. Ct. of Appeals to be set.

Robert Carter, Esq., N.A.A.C.P., 107 W. 43rd, NYC.
204.2. Texas v. N.A.A.C.P., a Corp., and N.A.A.C.P. Legal Defense & Educational Fund, Inc. (Tex. 7th & 11th Jud. Dist. Cts., #56-649.) Smith Co. Ct. granted Atty. Genl. Shepperd temporary restraining order enjoining Defs. from conducting any business in state on charges of violation of Tex. statutes requiring corps. doing business in state to pay franchise tax and forbidding barrattry. At hearing on Def's. motion to vacate order and against issuance of temporary injunction, Def. argued proceeding not brought in compliance with statute which requires such suits to be brought in capitol county or co. where corp. has principal office.

W. J. Durham, Esq., 2000 Flora St., Dallas, Tex.; Thurgood Marshall, Esq., N.A.A.C.P. Legal Defense & Educational Fund, 107 W. 43rd., NYC.
210. Compulsory Registration
211. 1950 Internal Security Act

211.1. Communist Party of U. S. v. Subversive Activities Control Bd. (S.A.C.B.) (351 U. S. 115 reversing 223 F. 2d 531.) Bd. held Pet. a "Communist action" organization and required it to register. Reversal by U.S.S.C. based on holding that Pet's. application to adduce additional testimony showing that 3 key Gov't. witnesses were untrustworthy and had committed perjury should have been granted. Remanded to Bd. with instructions to permit proposed testimony to be introduced or to re-evaluate original testimony without considering evidence of witnesses attacked. Aug. 10: Bd. denied Pet's. motion to reopen hearings for supplemental proof, ordered testimony of 3 witnesses expunged without hearing. Aug. 17: Pet. filed motion in CA DC for leave to adduce additional evidence Bd. had refused to hear; argued Oct. 4. Sept. 18: Bd. heard argument on whether record as expurgated supports its registration order. Decision reserved.

John Abt, Esq., 11 Park Pl., NYC; Joseph Forer, Esq., 711—14th St. NW, Washington, D.C.
211.2. Brownell v. Jefferson School. (CA DC.) S.A.C.B. ordered Def.-School to be registered as "Communist-front" organization. Action of Bd. based on finding that Communist Party is "Communist-action" organization and School's activities are related to it. U.S.S.C. reversal of that order and pending proceedings before Bd. in C.P. v. S.A.C.B. (211.1) have operated to stay further proceedings in this appeal until issues in that case are disposed of.

Harry Sacher, Esq., 342 Madison Ave., NYC.
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211.3. Brownell v. Labor Youth League. (CA DC.) Facts and status similar to that in Jefferson School (211.2).

Gruber and Turkel, Esqs., 1 Bank St. Stamford, Conn.
211.4. Brownell v. Natl Council of American-Soviet Friendship. (CA DC.) Council ordered by S.A.C.B. to register as "Communist-front" organization. CA DC denied Def's. motion to set aside order summarily under C.P. v. S.A.C.B. (211.1) decision. Pending.

Forer & Rein, Esqs., 711 14th St. NW, Washington, DC.
211.5. Brownell v. Civil Rights Congress. (SACB #106-53.) Hearing concluded, decision of Bd. awaited on recommendation of hearing officer that organization be designated a "Communist front" and required to register, to which exceptions were filed Feb., 1956. Def. dissolved at Convention in Jan., 1956. Decision of Bd. pending also on motion to dismiss on ground of mootness.

Rhoda Laks, Esq., 615 Columbus Ave., NYC; Ralph E. Powe, Esq., 700 Macon St., Brooklyn, N.Y.
211.6. Brownell v. Washington Pension Union. (SACB #114-55.) Proceeding to designate organization a "Communist front". During proceedings, applications made first by Def.-organization and later by Gov't to disqualify hearing officer Harry P. Cain, Bd. member, as biased. Motions denied by Bd. Hearings completed, hearing officer recommended finding that organization is a "communist front". Decision by Bd. on this recommendation pending. Resp. asked Cain, whose term on Bd. has expired, to submit amicus brief on constitutional questions should case go to Ct., following Cain's statement that Act violates First and Fifth Amdts. and is so worded no Resp.-organization could secure "acquittal".

Jay G. Sykes, Esq., 1708 Smith Tower, Seattle, Wash.
211.7. Brownell v. American Peace Crusade. (SACB #117-56.) Proceeding pending before S.A.C.B. to have organization declared a "Communist front".

Joseph Forer, Esq., for Intervenor, 711 14th St. NW, Washington, D.C.
211.8. Brownell v. California Labor School in San Francisco. (SACB.) Proceeding pending before S.A.C.B. to have organization declared "Communist front".

Gladstein, Andersen & Leonard, Esqs., 240 Montgomery St., San Francisco.
211.9. Brownell v. Am. Comm. for Protection of Foreign Born. (SACB.) Proceeding pending before S.A.C.B. to have organization declared "Communist front".

Joseph Forer, Esq., 711 14th St. NW, Washington, DC.
212. 1954 Communist Control Act

212.1. Brownell v. Intl. Union of Mine, Mill & Smelter Workers. (S.A.C.B.) First petition filed (July 1955) under Communist Control Act of 1954 to have a union declared a "Communist-infiltrated" organization. Petition charges group in leadership has used Union for "Communist-inspired purposes". Hearing before S.A.C.B. postponed pending proceedings in C.P. v. S.A.C.B. (211.1).

Nathan Witt, Esq., 9 E. 40th, NYC; Joseph Forer, Esq., 711 14th St., Washington, D. C.
212.2. Brownell v. United Electrical, Radio & Machine Workers. (S.A.C.B.) Facts, issues and status similar to 212.1.

Donner, Kinoy and Perlin, Esqs., 342 Madison Ave., NYC.
213. State Laws

213.1. La. ex rel. LeBlanc, Atty. Genl. v. Lewis, et al. and N.A.A.C.P. (La. Ct. of App.) State trial ct. granted Atty. Genl's. motion for permanent injunction to dissolve state N.A.A.C.P. and all branches for failure to file annually with Secy. of State full certified list of names, addresses of all members and officers in state, members and officers of all chapters, under La. Rev. Stats. 401-409. Ct. denied N.A.A.C.P. motion to remove case to Fedl. Ct. Def's. appeal argued Oct. 4-5 on whether, under 28 USC 1443, 1446(e). state cts. didn't lose jurisdiction to issue order or entertain any action because application for removal to Fedl. Ct. properly filed. Pending.

Alex L. Pitcher, Jr., Esq., 1501 East Blvd., Baton Rouge, La.; A. P. Tureaud, Sr., A. M. Tureaud, Jr., Esqs., 1821 Orleans Ave., Jessie N. Stone, Esq., Richard B. Millspaugh, Esq., all of New Orleans, La.
213.2. Lewis, et al. & N.A.A.C.P. v. LeBlanc, Atty. Genl. (DC La.) For facts, see LeBlanc (213.1). Apr. 4: Fedl. Judge Wright held Dist. Ct. lacked power to issue order setting aside state ct. injunction issued in LeBlanc; ordered Pl.-Atty. Genl. to stop all further proceedings against Def.-N.A.A.C.P. pending La. appellate ct. decision in LeBlanc. Pending.
213.3. N.A.A.C.P., a Corp. v. Eure, Secy. of State, et ano. (N.C. Sup. Ct., #449.) Pl. seeking declaratory judgment re construction and constitutionality of G.A. 55-118 re civil penalty to foreign corps. engaged in business in N.C. for failure to file with Secy. of State copy of charter, list of members and officers. Appeal pending.

C. O. Pearson and William A. Marsh, Jr., Esqs., Box 125, Durham, N.C.; Thurgood Marshall and Robert Carter, N.A.A.C.P., 107 W. 43rd, NYC.
220. Listing
221. By the Attorney General of the United States

221.1. National Lawyers Guild v. Brownell. (Dept. of Justice.) (225 F. 2d 552, 351 U. S. 927.) Action for injunction against Att'y Gen'l's proceeding toward determination of whether Guild should be placed on list of subversive organizations pursuant to Exec. Order 10450 on grounds that (1) asserted power to list is unconstitutional under First and Fifth Amendments; (2) procedures set up by Att'y Gen'l do not afford "due process"; (3) Att'y Gen'l has so prejudged the issue as to render himself unfit to provide an impartial hearing. D.C. granted Def.'s motion for summary judgment Nov., 1954. Aff'd by CA-DC July 14, 1955; petition for rehearing en banc denied Oct. 4. Application for cert. denied. Administrative proceedings pending on Guild's motion to modify interrogatories and for answers to cross-interrogatories.

Osmond K. Fraenkel, Esq., 120 Broadway, NYC; Joseph Forer, Esq., 711 14th St. NW, Washington, D. C.; Earl B. Dickerson, Esq., 3501 S. Parkway, Chicago.
221.2. Natl. Council of Am.-Soviet Friendhship v. Brownell. (CA DC) Issues similar to Guild (221.1.) Dist. Ct. granted Gov't's. motion to dismiss for failure to exhaust administrative remedies. Appeal pending.

Forer and Rein, Esqs., 711 14th St. NW, Washington, D.C.
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221.3. Assn. of Lithuanian Workers v. Brownell. (CA DC.) Issues similar to Guild (221.1.) Dist. Ct. granted Gov't's. motion for summary judgment for failure to exhaust administrative remedies. Appeal pending.

Nathan Witt, Esq., P.O. Box 156, Ansonia Sta., NYC; Joseph Forer, Esq., 711 14th St. NW, Washington, D.C.
221.4. Brownell v. Independent Socialist League. (Dept. of Justice.) First hearing under procedure permitting organization to contest inclusion on Atty. Gen'l's list. Hearings held spring, 1956; decision pending.

Joseph L. Rauh, Esq., 1631 K St., NW, Washington, D.C.
221.5. Brownell v. Californians for the Bill of Rights. (Dept. of Justice.) In reply to proposed inclusion on Atty. Gen'l's. list, Def. requested detailed, specific charges of wrongdoing, list of acts and policies of Communist Party which Def. allegedly implemented and supported, and that hearings be held in San Francisco, not Washington, D.C. Pending.

Charles R. Garry, Esq., 470 Central Tower, San Francisco.
221.6. Brownell v. Natl. Council of Arts, Sciences and Professions. (Dept. of Justice.) Facts somewhat similar to 221.5. Atty. Genl. assigned Hearing Officer. Pending.

Stanley Faulkner, Esq., 9 E. 40th, NYC.
222. By Congressional Committees
223. By State authorities

223.1. Luscomb v. Bowker, et al. (Suffolk Co. Ct.) (1956 Mass. Adv. Sheets 1009.) Action for injunction to restrain distribution of report of Special Comm. to Study and Investigate Communism and Subversive Activities and Related Matters in Mass. referring to Pl. as associating with persons listed as Communist Party members, and to declare Resolutions creating Comm. unconstitutional. Issues: (1) is finding of Communist Party membership a legislative declaration of guilt of felony (since such membership is crime under Mass. Law) in violation of Mass. Const., Art. XXV; (2) is such finding an exercise of judicial power in violation of Mass. Const., Art. XXX, and (3) invalid since publishing names has no legislative purpose, and (4) purpose of hearings and lists is to promulgate official blacklist; (5) does this constitute prior restraint on free speech and assembly in violation of Mass. Const., Art. XVI and Fourteenth Amendment; (6) is this denial of due process, interfering with Pl.'s work and right to employment and to represent workers in industry. Jy. 25, 1956: Mass. Sup. Jud. Ct. reversed lower Ct. decision, held members or officers of legislature had no immunity from service of civil process where no arrest was made. Remanded for further proceedings in trial ct.

Allen and Allen, Esqs., 6 Beacon St.; Larry Shubow, Esq., 10 Tremont, both of Boston.
223.2. Tormey v. Bowker, et al. (Suffolk Co. Ct.) Facts and issues similar to Luscomb (223.1). Pending.

Allan R. Rosemberg, Esq., 10 Tremont, Boston.
ASSOCIATION: As affecting members (240-299)
240. Criminal Penalties for Membership
241. Smith Act: conspiracy

241.1. Yates, et al. v. U. S. (U.S.S.C.) (225 F. 2d 146.) Appeal by 14 Defs. Issues: constitutionality of Smith Act conspiracy sections; Defs'. First Amdt. rights; applicability of Dennis decision (341 U. S. 494) finding of "clear and present danger" to future Smith Act cases. Argued: week of Oct. 8th.

Augustin Donovan, Esq., Bank of America Bldg., Oakland; Robert W. Kenny, Esq., 250 N. Hope St., Ben Margolis and Leo Branton, Esqs., 112-W. 9th, Alexander H. Schullman, Esq., 417 S. Hill, A. L. Wirin, Esq., 257 S. Spring, all of Los Angeles; Benjamin Dreyfus, Esq., 57 Post St. and Norman Leonard, Esq., 240 Montgomery St., both of San Francisco.

Amicus brief filed by American Civil Liberties Union, by David I. Shapiro, Esq., 350 Fifth Ave., Rowland Watts, General Counsel, 170 Fifth Ave., and Osmond K. Fraenkel, Esq., 120 Broadway, all of NYC; Fred Okrand, Esq., 257 S. Spring St., Los Angeles.
241.2. Mesarosh, et al. v. U. S. (U.S.S.C.) (223 F. 2d 449.) Appeal by 5 Defs. Facts and issues similar to Yates (241.1). Argued: week of Oct. 8th. Sept. 28, 1956: Justice Dept. moved U.S.S.C. to remand case to Dist. Ct. for examination by Trial Judge of credibility of testimony by Gov't. witness Mazzei, who has frequently testified for Gov't. since appearance in Mesarosh and whose testimony is open to question as perjurious. Def. opposed motion, urging U.S.S.C. to hear and decide constitutionality of convictions under Smith Act based on material in books. If motion granted, Def. asked that case go back for retrial since issue of weight to give to witness' testimony should go to jury. Oct. 8: U.S.S.C. decided to hear argument on motion with argument on merits, Frankfurter, J., dissenting. Oct. 10: during argument on motion, U.S.S.C. sent case back for new trial.

Frank J. Donner, Esq., 342 Madison, NYC; Ralph E. Powe, Esq., 700 Macon St., Brooklyn; Thomas D. McBride, Esq., 1529 Walnut St., Philadelphia.
241.3. Wellman, et al. v. U. S. (U.S.S.C.) Appeal by 6 Defs. Issues: similar to Yates (241.1), plus claimed prejudice resulting from "inflammatory evidence" admitted under "organizing" sec. of indictment as "background". Petition for cert. pending.

Ernest Goodman, Esq., 3220 Cadillac Tower, Detroit.
241.4. Fujimoto, et al. v. U. S. (CA 9.) Appeal by 7 Defs. Issues: similar to Yates (241.1). Argued July 12, 1956; decision awaited.

Richard Gladstein, Esq., 240 Montgomery, San Francisco; Harriet Bouslog, Esq., 63 Merchant St., Honolulu, T.H.; A. L. Wirin, Esq., 257 S. Spring, Los Angeles; Telford Taylor, Esq., 400 Madison Ave., NYC.

And see Bouslog (373.2 and 3) and Gladstein (373.1).
241.5. Huff, et al. v. U. S. (CA 9, #14320.) Appeal of 4 Defs. Issues: similar to Yates (241.1). Pending.

John Caughlin, Esq., 702 Lowman Bldg., Seattle, Wash.; Irvin Goodman, Esq., Portland Trust Bldg., Portland, Ore.
241.6. Sentner, et al. v. U. S. (CA 8.) 5 Defs. allowed to appeal to CA in forma pauperis. (348 U. S. 935.) Issues: similar to Yates (241.1), plus denial of due process through Gov't. witness' presence at defense consultations during trial. To be argued: Fall, 1956.

Sydney L. Berger, Esq., 7 Koenig Bldg., Evansville 8, Ind.; R. L. Witherspoon, Esq., 1518 N. Sarah St., St. Louis, Mo.; Mary Kaufman, Esq., 201 W. 85th, NYC.

Kuzma, et al. v. U. S. (CA 3.) Appeal by 9 Defs. Issues: similar to Yates (241.1). Pending.

Thomas D. McBride, Esq., 2015 Land Title Bldg. and Joseph S. Lord, III, Esq., 121 S. Broad St., Philadelphia, Pa.
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241.8. Bary, et al. v. U. S. (CA 10.) Appeal by 7 Defs. Issues: similar to Yates (241.1). Argued Sept. 4, 1956; decision awaited.

Forrest C. O'Dell, Esq., Symes Bldg., Denver; Mary Kaufman, Esq., 201 W. 85th, NYC.
241.9. Brandt, et al. v. U. S. (CA 6.) Jury acquitted 4 Defs.; appeal by 6 convicted Defs. Issues: similar to Yates (241.1). Pending.

Martin A. McCormack, Engineers Bldg., George Farr, Jr., 1857 Union Commerce Bldg., Fred Mandel, Standard Bldg., Wm. J. McDermott, Williamson Bldg., Warren Briggs, Park Bldg., Ralph Rudd, Natl. City Bank Bldg., Wm. K. Gardner, Union Commerce Bldg., Esqs., all of Cleveland; Yetta Land, Esq., Phoenix, Ariz.; Hymen Schlesinger, Esq., 808 Renshaw Bldg., Pittsburgh; Reuben Terris, Esq., 150 Nassau, NYC.
241.10. Silverman, et al. v. U. S. (CA 2.) Jury acquitted 1 Def.; disagreed re 1 Def. 6 convicted Defs. appeal pending. Issues: similar to Yates (241.1).

Frank J. Donner, Esq., 342 Madison Ave., NYC; George F. Lowner, Esq., Stamford, Conn.; Francis A. Smith, Jr., Esq., Bridgeport, Conn.
241.11. Charney, et al. v. U. S. (CA 2.) Appeal by 6 Defs. Issues: similar to Yates (241.1).

Mary Kaufman, Esq., 201 W. 85th, NYC.
241.12. U. S. v. Russo, et al. (DC Mass.) Trial of 7 Defs. to be scheduled. Court assisting Defs. in securing counsel.
241.13. U. S. v. Mirabel, et al. (DC Puerto Rico.) Trial of 11 Defs. to start Nov., 1956, following denial of defense motions: (1) to quash indictments because rule that grand jurors read and write English bars majority of population, esp. workers and poor persons; (2) to dismiss because Commonwealth status of P. R. makes Smith Act inapplicable and causes Dist. Ct. to lack jurisdiction; (3) to change requirement that all trial proceedings be in English since several Defs. do not understand that language.

Ramon H. Vargas, Esq., Box 1522, San Juan; Prof. Santos Amadeo, Law School, Univ. of San Juan, Rio Piedras; Perez Marchand, Marcos Ramirez, Arturo Ortiz Toro, Carlos J. Faure, Tomas I. Nidd, Manuel Cruz Horte, and Jose Manuel, Ramos, Barroso, Esqs., all of San Juan, Puerto Rico; David Shapiro, Esq., NYC.
242. Smith Act: mere membership

242.1. Lightfoot v. U. S. (U.S.S.C.) (228 F. 2d 861.) Def. convicted under membership section of Smith Act. First case to go to U.S.S.C. Issues: constitutionality of section; scope of Def's. First Amdt. rights. Argued: week of Oct. 8.

John J. Abt, Esq., 11 Park Pl., NYC; George W. Crockett, Jr., 3220 Cadillac Tower, Detroit.
242.2. Scales v. U. S. (U.S.S.C.) (227 U. S. 581.) Facts, issues and status similar to Lightfoot (242.1). Argued: week of Oct. 8.

Telford Taylor, Esq., 400 Madison Ave., NYC.
242.3. Blumberg v. U. S. (CA 3.) Facts and issues similar to Lightfoot (242.1). Pending.

Frank Donner, Esq., 342 Madison Ave., NYC.
242.4. Noto v. U. S. (CA 2.) Facts and issues similar to Lightfoot (242.1). Pending.

Charles J. McDonough, Esq., Walbridge Bldg., Buffalo, NY.
242.5. U. S. v. Weiss. (ND Ill. E.D.) Awaiting trial.

Wm. Scott Stewart, Esq., 77 W. Washington, Chicago.
242.6. U. S. v. Blum. (ND Ill. E.D.) Awaiting trial.
242.7. U. S. v. Russo. (DC Mass.) Awaiting trial.
242.8. U. S. v. Hellman. (DC Mont.) Awaiting trial.

W. E. Coyle and Robert Poor, Esqs., Butte, Montana.
243. 18 U. S. C. 2384
244. State laws

244.1. Pennsylvania v. Dolsen (Pa. Super. Ct.) Def. convicted of violation of Pa. Sedition Law; 20-year sentence. Before appeal heard, U.S.S.C. in Nelson (350 U. S. 497) held statute unconstitutional. Application pending to dismiss indictment on ground of Nelson.

Reuben Terris, Esq., 150 Nassau St., NYC.
244.2. Pennsylvania v. Onda. (Pa. Ct. of Common Pleas.) Def. convicted of violation of Pa. Sedition Law; sentence held up pending decision by U.S.S.C. in Nelson (350 U. S. 497) re constitutionality of statute.

Reuben Terris, Esq., 150 Nassau St., NYC.
244.3. Kentucky v. Anne Braden, et al. (Louisville Crim. Ct., Ky.) After bombing of home in white neighborhood purchased by two Defs. for Negro family, 6 arrested under Ky. sedition statute, also charged with conspiracy, contempt, bombing. June 23, 1956: Ky. Ct. of App. reversed conviction of C. Braden under U.S.S.C. Nelson decision (350 U. S. 497). Nov. 12, 1956: Hearing on remaining Defs. motions for dismissal of indictments, return of papers, books seized at time of arrest.

Louis Lusky, Esq., Hoffman Bldg., and Robert Zollinger, Esq., Realty Bldg., both of Louisville, Ky.
244.4. Alabama v. Rev. King, et al. (Ala. S. Ct.) Feb. 22, 1956: 93 Negroes (incl. 25 Ministers) indicted under Ala. Title 18, Sec. 54 for participation in Montgomery bus boycott. Motion for separate trials granted. Cir. Ct. held statute constitutional as not violating First Amdt. rights; found Def. guilty; $500 fine converted into jail sentence of 386 days. Appeal pending. Other cases continued pending appeal.

Arthur D. Shores, Esq., 1630-4 Ave., Birmingham, Ala.; Fred D. Gray, Chas. Langford, Esqs., Montgomery, Ala.; Orzell Bellingsley, Peter Hall, Esqs., Birmingham, Ala.; Eubank Tucker, Esq., Kentucky; Edmund Ragan, Esq., Chicago; Robert Carter, Esq., N.A.A.C.P., 107 West 43rd St., NYC.

And see Parks (542.Ala1), Browder (542.Ala2).
250. Civil Disabilities: Federal
251. Federal employment

251.1. Leff, Duberg and Wilcox v. Evans. (Int'l. Ct. of Justice, the Hague.) Admv. Tribunal of Intl. Labor Organization ordered, on April 26, 1955, UNESCO to reinstate 3 dismissed American-Pls. or pay $43,800. damages and attorneys' fees. Held: "abuse of rights" for UNESCO directorgen'l to refuse new contracts to Pls. because of their refusal to appear before U.S. loyalty board. "Loyalty toward a state is entirely different from the idea of 'integrity' as embodied in the [UNESCO] staff regulations and rules." UNESCO appeal pending.

Leonard Boudin, Esq., 25 Broad St., NYC; Jacques Mercier, 36 Rue de Bellechase, Paris, France.
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251.2. Berman v. Summerfield. (DC DC, #4475-55.) Pl.-Post Office employee dismissed under Gov't's loyalty program. Issues similar to Cole (351 U. S. 536), including application of security program to employees in non-sensitive agencies and right of employee to confront and cross-examine those who bring charges against him. As in Cole, Pl. entitled to veterans' benefits. Reinstated to employment on basis of Cole decision.

David I. Shapiro, Esq., 350 5th Ave., NYC.
251.3. Liner v. Summerfield. (DC DC, #4473-55.) Facts and issues similar to Berman (251.2) except that Pl. not a veteran. Reinstated to employment on basis of Cole (351 U. S. 536).

David I. Shapiro, Esq., 350 5th Ave., NYC.
251.4. Service v. Dulles, et al. (U.S.S.C., #407.) Suit by former State Dept. official against Loyalty Rev. Bd., Civil Service Comm. and Secy. of State for reinstatement in former position and back pay since 1951 dismissal. Dist. Ct. granted Defs'. motion for summary judgment; CA DC affirmed dismissal and Dist. Ct's. direction to Civil Service Comm. to expunge from its records finding of now-defunct Loyalty Review Bd. that there was reasonable doubt as to Pl's. loyalty. Petition for cert. pending.

Warner W. Gardner, Esq., 734 15th Street NW, Washington, D.C.; C. E. Rhetts, Esq., Salem, Ind.
252. Deprivation of passport rights

252.1. Boudin v. Dulles. After Passport Office denied Pl. a passport, despite Pl's. filing non-Communist affidavit, complaint filed Aug., 1955. On parties' motions for summary judgment, Nov. 22: Judge Youngdahl sent case back to Passport Office for "quasi-judicial" hearing within 20 days, with disclosure by Def. of evidence on which its denial of passport was based. Both parties appealed. June 28, 1956: CA remanded to State Dept., holding that findings of Def. were not sufficient for denial of passport under Dept. regulations. Decision on validity of regulations postponed pending further findings by Def.-Secy. of State. Aug. 30, 1956: passport issued.

Harry I. Rand, Esq., Wyatt Bldg., Washington, D. C. Law review note in 2 Wayne L. R. 149-153 (Spring, 1956).
252.2. Dayton v. Dulles. (DC DC.) Facts substantially the same as Boudin (252.1). Fedl. Judge McGarraghy refused to follow Judge Youngdahl's decision in Boudin, holding that denial of passport application was reasonable exercise of discretion by Def. under valid regulations. Sept. 13, 1956: CA DC remanded case to State Dept., holding, as in Boudin, that departmental findings were insufficient to justify denial of passport.

Harry I. Rand, Esq., Wyatt Bldg., Washington, D.C.
252.3. Stewart v. Dulles. (CA DC.) Action to compel issuance of passport; issues substantially the same as Boudin (252.1) except that Pl's. affidavit stated Communist Party membership for 15 yrs. Gov't's motion for summary judgment granted. Appeal pending.

Harry I. Rand, Esq., Wyatt Bldg., Washington, D. C.; Leonard B. Boudin, Esq., 25 Broad Street, NYC.
252.4. Chodorov v. Dulles. (CA DC.) Action to compel issuance of passport; issues substantially the same as Boudin (252.1). Motion for preliminary injunction denied; appeal pending.

Frank J. Delaney, Esq., 1317 F St., N.W., Washington, D. C.
252.5. McIntire v. Dulles. (DC DC.) Pl. released by UN Food and Agric. Org. 1953 for lack of U. S. loyalty clearance. 1954: State Dept. canceled passport. While suit pending, 2 temporary passports issued. July, 1956: unrestricted passport issued.

Leonard Boudin, Esq., 25 Broad St., NYC; David Rein, Esq., 711 14th St. NW, Washington, D. C.
252.20. Robeson v. Dulles. (U. S. S. C.) Motion to compel issuance of passport and to enjoin Secy. of State from interfering with Pl.'s right to leave continental U. S. although Pl. refused to file non-Communist affidavit. Temporary injunction denied on ground Pl. had failed to exhaust administrative remedies; Gov't's motion for summary judgment granted. CA affirmed because Pl. had refused to attend hearing before Def. Passport Office which made filing affidavit re political affiliations a prerequisite to decision under agency rules. Petition for certiorari pending.

Leonard Boudin, Esq., 25 Broad St., NYC.
252.21. Kent v. Dulles. (CA DC.) Facts same as Robeson (252.20) except that Kent did go to hearing. Passport Office refused to decide case because of absence of affidavit. Dist. Ct. granted Gov't's motion for summary judgment granted. Appeal pending.

Leonard Boudin, Esq., 25 Broad St., NYC; Forer and Rein, Esqs., 711 14th St. NW, Washington, D.C.
252.22. Briehl v. Dulles. (CA DC.) Facts and issues similar to Kent (252.21). Appeal pending.

Leonard Boudin, Esq., 25 Broad St., NYC.
252.23. Leff v. Dulles. (DC DC.) Facts and issues similar to Robeson (252.20).

Leonard Boudin, Esq., 25 Broad St., NYC; Harry I. Rand, Esq., Wyatt Bldg., Washington, D.C.
252.24. DuBerg v. Dulles. (DC DC.) Facts and issues similar to Robeson (252.20).

Leonard Boudin, Esq., 25 Broad St., NYC; Harry I. Rand, Esq., Wyatt Bldg., Washington, D. C.
253. Unfavorable Army discharges

253.1. Re Jensen. (U.S. Army.) Administrative proceeding to determine whether to issue less-than-honorable discharge for loyalty-security reasons. Gov't informants did not appear at hearing, nor were their names supplied. Charges based on pre-induction membership in various organizations. Decision awaited.

Wyman Smith, Esq., 311 Produce Bank Bldg., Minneapolis, Minnesota.
253.2. Schustack v. Lt. Gen. Herren, et al. (S.D. N. Y., Civ. #103-137.) (234 F. 2d 134.) Application to enjoin Army field bd. from proceeding with security risk case against draftee who has already completed his 2 yrs.' active duty, and whose clearance form gives him "excellent" character and efficiency rating. After return to civilian life, Pl. served with charges: reading Daily Worker before induction, associating with mother and brothers. Issues: 1) whether whole Army "security" program void and never properly authorized; 2) whether "honorable discharge" is valuable personal and property right; 3) First Amdt. right to associate with relatives; 4) right to due process; 5) right to judicial trial before punishment Sixth Amdt. Dist. Ct. ruled against Pl. on ground he must first exhaust administrative remedies. CA 2 affirmed Dist. Ct. dismissal of complaint on ground of failure to join Sec'y of War as Def. Motion to stay mandate until U.S.S.C. acts on petition for certiorari denied.

David I. Shapiro, Esq., 350 5th Ave., NYC.
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253.3. Bernstein, et al. v. Lt. Gen. Herren. (U.S.S.C., #255.) (234 F. 2d 434.) Declaratory judgment action by 8 soldiers to prevent Army from granting them any discharge other than honorable as result of proceedings under AR 604-10 (Security Reg.). Issues similar to Schustack (253.2) plus question whether, insofar as the deprivation is by reason of prior civilian political activities, the Reg. is in conflict with prohibition against ex post facto laws. 2 Pls. have received honorable discharges and 4 others indeterminate discharges. Oct. 8: U.S.S.C. denied cert.

Stanley Faulkner, Esq., 9 E. 40th; Albert L. Colloms, Esq., 342 Madison Ave., and Victor Rabinowitz, Esq., 25 Broad, all of NYC.
253.4. Harmon v. Stevens. (CA DC.) After appealing less than honorable discharge to Army field bd., Discharge Review Bd. and Bd. for Correction of Military Records without success, Pl.-law student brought suit, insisting he has never been a Communist. Gov't's motion for summary judgment granted on ground that federal courts have no jurisdiction to review nature of discharge. Appeal pending.

David I. Shapiro, Esq., 350 Fifth Ave., N.Y.C.
253.5. Marshall v. Brucker. (CA DC.) After Pl. brought suit to review undesirable discharge, Army Discharge Review Bd. changed to "general discharge under honorable conditions." Gov't's. motion for summary judgment granted. Charges: Pl. a communist sympathizer; Pl. claimed Fifth Amdt. privilege on Army's loyalty certificate; Pl's. parents allegedly communist sympathizers. Appeal pending.

Charles H. Marshall, pro se, 4041 Marlton Ave., Suite 260, Los Angeles.
253.6. Abramowitz v. Brucker. (DC DC, #2140—1956.) Pl., Korean veteran with honorable separation from active service, received undesirable discharge from Army Reserves two years later on basis of charges of pre-induction "subversive activity." Action to review validity of Army regulations re discharge of soldiers on basis of pre-induction conduct. Gov't's motion for summary judgment granted on ground that Dist. Ct. has no jurisdiction to review action of Army. Appeal pending.

Victor Rabinowitz, Esq., 25 Broad, NYC; David Rein, Esq., 711—14th St., NW, Washington, D.C.
253.7. Bland v. Hartman, et al. (CA 9, #15155.) Pl., Naval Reserve Officer, filed action for injunctive relief and declaratory judgment against Naval Security Bd. seeking to separate him from Reserves under conditions other than honorable on basis of charges that, after completion of active duty, Pl. and wife were involved in activities in organizations on Attorney General's list. (See 221.) Defs'. motion to dismiss for lack of jurisdiction, failure to join Secy. of War, and failure to exhaust administrative remedies granted. Appeal pending.

Daniel G. Marshall, Esq., 4041 Marlton Ave., Los Angeles, Calif.
254. Deprivation of veterans disability payments

254.1. Wellman v. Higley, Admr. Veterans Affairs. (DC DC, #3542—56.) 1954: Def. notified Pl.-disabled veteran that he had forfeited all accrued or future veterans benefits by reason of his conviction under the Smith Act (see Wellman, 241.3). Bd. of Veterans' Appeals denied Pl's. appeal. Pl. now suing on ground that forfeiture under 38 USCA 728 requires showing that veteran was guilty of mutiny, treason, sabotage, etc., and that no such charge or proof arose in Smith Act trial. Pending.

James H. Heller, Esq., 1026 Woodward Bldg., Washington, D. C.; Osmond K. Fraenkel, Esq., 120 Broadway, NYC. American Civil Liberties Union of Counsel.
254.2. Thompson v. Veterans Admin. (VA Bd. of App.) Facts and issues similar to Wellman (254.1). On appeal, wife's payments reinstated, Pl's. payments discontinued.

Robert Z. Lewis, Esq., 615 Columbus Ave., NYC.
255. Deprivation of Social Security rights
256. Deprivation of housing rights
NOTE: Aug. 3, 1956: Justice Dep't announced that, in the future, it will not enforce the 1952 Gwinn Amdt., requiring tenants of federally-aided housing projects to sign oaths that they are not members of organizations on the Atty. Gen'l's list. The reason given: that the authority for the Amdt. expired in 1954. For decisions holding the Amdt. unconstitutional or unenforceable on other grounds, see I DOCKET 18, 41, 58, 77, 96 (12 cases).

Law review note:

Constitutional law—The Gwinn Amendment: Practical and constitutional problems in its enforcement, 104 Univ. of Penna. L. R. 694-702 (Mar., 1956).

257. Deprivation of Federal licenses

257.1. In re Application of Lamb for Renewal of TV License. (Fedl. Comm. Comm., #11048, File BRCT-42.) Application filed 1953. March 1954: FCC charged Lamb had once associated with Communists, contributed funds to Communist causes, was himself Comm. Party member 1944-48. Third charge dropped by Comm. without explanation. 2 of Gov't's witnesses at hearing later recanted testimony. FCC H'g Exam. Sharfman recommended renewal of license, ruling "there is no proof that Lamb personally engaged in any subversive activity", disbelieved some Gov't "expert" witnesses, doubted witness Budenz' "prodigious powers" to recall events, but held FCC had been justified in conducting investigation. Pending on review before FCC.

J. Howard McGrath and Russell Morton Brown, Esqs., Southern Bldg., Washington, D. C.
257.2. In re Application of Lafferty for Renewal of Radio Operator's License. (Fedl. Comm. Comm.) After filling out application for renewal of license, Lafferty was asked to answer further questions (re past or present membership in Communist Party or "Communist organizations") not asked of other applicants. At hearing before FCC, Comm. counsel refused to state why questions were asked, but stipulated that FCC files indicate that Lafferty had never violated any FCC rule or been complained about. Hearing officer recommended that renewal be denied because of refusal to answer questions. Appeal to full Comm. pending. Lawrence Speiser, A.C.L.U. of N. Calif., 503 Market St., San Francisco.
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258. Deportation proceedings

258.1. Rowoldt v. Perfetto. (U.S.S.C., #34.) (228 F. 2d 109.) Pet.-72 yrs. old appealing from deportation order based on membership in Communist Party for 6 mths. in 1935. Issues: 1) whether Pet. was only "nominal" member within Galvan (347 U. S. 522); 2) constitutionality of Walter-McCarran Act. Argued Oct. 18, 1956.

Forer and Rein, Esqs., 711 14th St. NW, Washington, D. C. Amicus briefs filed by National Lawyers Guild, by Royal W. France, Esq., 40 Exchange Pl., Osmond K. Fraenkel, Esq., 120 Broadway, both of NYC; Hugh R. Manes, Esq., 6223 Selma Ave., and William B. Murrish, 6331 Hollywood Blvd., both of Hollywood, Calif., and by Intl. Longshoremen's and Warehousemen's Union, 150 Golden Gate Ave., San Francisco, Calif. Motion for leave to file briefs denied by U.S.S.C. Oct. 8.
259. Denaturalization proceedings
And see 358.
260. Civil Disabilities: State, Local and Private
261. State or local governmental employment

261.1. Wilkins v. Carlander, et al. (Super. Ct., Kings Co., #490844.) Pl.-warehouseman in cold storage plant of Port of Seattle brought action against Defs.-commr. and other officials of Port testing constitutionality of state law requiring state employees to take oath of non-membership in Communist Party and organizations on Atty. Gen'l's list. Issues: does statute violate First and Fifth Amdts., deprive Pl. of property in violation of Fourteenth Amdt. and constitute bill of attainder. Temporary restraining order preventing dismissal for refusal to sign oath granted for indefinite time, pending decision in Savelle (280.1).

John Caughlan, Esq., 702 Lowman Bldg., Seattle.
261.2. Nagin v. Zurmuhlen. (N.Y. Sup. Ct., N.Y. Co.) Pl. brought proceeding to review discharge and permit retirement after 32 yrs. as NYC civil engineer; charges: failure to cooperate with City's security program. Issues: NY Security Risk Law unconstitutional; Pl.'s not a sensitive position; alleged "failure to cooperate" actually caused by illness. Court directed reinstatement but only on condition that Pl. waive rights under Fifth Amdt., "cooperate" with investigation, withdraw application for retirement. Motion for reargument pending.

Paul Ross, Esq., 160 Broadway, NYC.
261.3. Hehir v. NYC Transit Authority, NY State Civil Service Commission, et ano. (N.Y. Sup. Ct., Kings Co.) Action under Article 78 to review dismissal of employee of Transit Authority under N.Y. Security Risk Law. Issues: constitutionality of law, application to employee, effect of refusal to answer questions. Motion for reinstatement argued; decision pending.

Leonard B. Boudin, Esq., 25 Broad Ct., NYC.
261.4. In the Matter of Hamilton, Resp. v. Monahan, NYC Police Comm'r. (N.Y. Co. Sup. Ct.) (285 N.Y. App. Div. 692.) Resp. took and passed examination for patrolman in NYC Police Dept. Art. 78 proceeding to direct Civil Service Comm. to certify him successful; name put on list. When Resp.'s name reached, Def.-Police Comm'r refused to appoint, in exercise of his discretion, based on Resp.'s signing nominating petition for Comm. Party candidate 10 yrs. ago. Sup. Ct. held: Comm'r's refusal to appoint "arbitrary and capricious", directed Resp.'s appointment. App. Div., 1st Dept., remanded case back to Special Term for trial to decide whether Comm'r had acted capriciously and arbitrarily.

Weaver, Evans, Wingate & Wright, Esqs., 160 Broadway, NYC.
261.5. Reif v. NYC Dept. of Hospitals. (NY State Civil Service Comm.) Pl.-stenographer, Communist Party member 1939-41, suspended without pay 1955, dismissed May, 1956 by Bellevue Hospital under NY Security law. Oct. 4: Civil Service Comm. ordered hearing. Issue: can employee in non-sensitive post be dismissed as "endangering security" of US or NY? Oct. 16: hearing.

David I. Shapiro, Esq., 350 5th Ave., NYC.
262. Teaching
And see 342.
263. Denial of State unemployment insurance rights
264. Denial of State licenses
265. Proceedings against attorneys and Bar applicants

265.1. Braverman v. Bar Assn. of Baltimore City. (U.S.S.C., #151.) (121 A. 2d 473.) Petition for disbarment of Pl. based on oath taken as attorney when admitted to practice and fact of conviction under Smith Act. (103 F. Supp. 48, 198 F. 2d 679, cert. denied 344 U. S. 922.) On motion to dismiss petition, disbarment ordered by Balt. Sup. Bench without opinion; affirmed on appeal. Issues: does Smith Act conviction constitute crime involving moral turpitude; does disbarment order deprive Pl. of First and Fourteenth Amdt. rights and deny due process. (Oct. 8: U.S.S.C. denied cert.

Harold Buchman, Esq., 205 Tower Bldg., Baltimore, Md. And see 265.2.
265.2. Re Braverman. (DC Md.) Disbarment proceedings instituted by Fedl. Judge Thomsen on basis of similar proceedings in state ct. (see Braverman, 265.1). Stayed pending final disposition in 265.1.

Harold Buchman, Esq., 205 Tower Bldg., Baltimore, Md.
265.3. Florida v. Sheiner. (Fla. Sup. Ct.) (82 So. 2d 657.) Disbarment proceeding commenced in 1954, based on alleged membership in Communist Party and other organizations on Atty. Gen'l's list (see 220) and for use of Fifth Amdt. in hearings before Sen. Comm. and Fla. grand jury. On trial, Def. disbarred by Cir. Judge for use of Fifth Amdt. when questioned by Ct. Fla. Sup. Ct. reversed, holding use of Amdt. not ground for disciplinary action; remanded for trial on issue of alleged membership. On retrial, Def. amended answer to deny membership since 1952. July 1956: trial held. On stand, Def. again asserted Fifth Amdt. on questions of membership prior to 1952. Ct. ordered disbarment, claiming that testimony showed Def. had engaged in Communist activities from 1946-1952 which were unprofessional and in violation of his oath, and that such testimony had not been rebutted or explained. One of Gov't's witnesses: Mazzei (see Mesarosh, 241.2). Appeal pending.

Louis Jepeway. Esq., Biscayne Bldg., Miami; John M. Coe, Esq., 205 Bell Bldg., Pensacola, Fla.
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265.4. In re Schlesinger. (Sub-comm. of Comm. on Offenses of Allegheny Co., Common Pleas Ct., Pa.) Complaint filed June, 1950 charging alleged activities and membership in Communist Party. Hearing opened Jan. 1954. Main witnesses against Resp.: Cvetic and Mazzei (see Mesarosh, 241.2) re activities 5-10 yrs. ago. Sept. 22, 1956: argument held. Briefs filed Oct. 15. Decision awaited.

John Buchanan, Charles F. C. Arensberg, Thomas Griggs, Louis Caplan, Richard Tucker, James C. Kuhn, John Tabor, and Louis Glasso, Esqs., all of Pittsburgh, Pa.
265.5. In re Steinberg. (Sub-comm. of Comm. on Offenses of Allegheny Co. Common Pleas Ct., Pa.) Complaint field charging alleged membership in Communist Party. Pending.

M. Y. Steinberg, Esq., 1010 Berger Bldg., Pittsburgh, Pa.
265.20. Schware v. Bd. of Bar Examiners of N. Mex. (U.S.S.C., #92.) (60 N.M. 304, 291 P. 2d 607.) Petition to review denial of application to take bar examination based on Pet.'s "failure to satisfy burden of proof" of his good moral character. Charges: Communist Party membership 1934-40; use of aliases while union organizer; arrests on political charges—all nolle prossed. Issues: (1) whether former Party membership permanently disqualifies one for admission; (2) whether N. Mex. S. Ct. had duty to examine confidential file of Def. which was not available to Pet. Oct. 8: Petition for cert. granted.

Edward G. Parham, Esq., 124 Richmond Dr., SE, Albuquerque, N. Mex.; Herbert Monte Levy, Esq., 11 E. 44th, NYC.
265.21. Konigsberg v. State Bar of California and Comm. of Bar Examiners. (U.S.S.C.) (351 U. S. 936.) Suit by Pl.-applicant for admission to the Bar to reverse Def.'s refusal to admit, despite Pl.'s successfully passing Bar examination. Def.-Comm.'s refusal based on failure to show "good moral character" in that, during Comm. hearings Pl. was accused of former membership in Communist Party, was identified by witness as having participated in Comm. Party meetings, and refused to answer any questions re political activities on ground that this violated his rights under First Amdt. Cert. granted, with invitation to parties to brief several jurisdictional questions in addition to merits.

Edward Mosk, Esq., 5305 Yucca St., Hollywood, Calif.

Amicus brief filed by National Lawyers Guild, by Osmond K. Fraenkel, Esq., 120 Broadway, Jessica Davidson, Esq., 40 Exchange Pl., and Abraham Unger, Esq., 11 Park Pl., all of NYC.
265.22. Patterson v. Oregon State Bd. of Bar Examiners. (Ore. Sup. Ct.) Pet. passed 1953 bar examination, but Def. Bd. recommended he be refused admission for failure to possess requisite qualifications of character. 3-judge panel affirmed; Sept., 1956: Ore. Sup. Ct. affirmed because Pet. admitted Communist Party member and official 1946-49 but denied Party advocated violent overthrow of Gov't. Held Pet. "did not tell the truth" to Def. Bd. or panel "about the real character and aims" of Party "and his belief in them."
266. Deprivation of right to tax exemption

266.1. Speiser v. Randall and Foley. (Calif. Sup. Ct.) Pl., as honorably discharged veteran, entitled to state veteran's exemption from real property tax but for his refusal to sign "loyalty declaration" (Rev. & Tax Code, Sec. 32, Calif. Const., Art. XX, Sec. 19). Feb., 1955: Super. Ct. held provision unconstitutional under First Amdt.; making politically unorthodox pay higher taxes does not "reasonably tend to avert a clear and present danger to the state". Pending on appeal.

Lawrence Speiser, Staff Counsel, Am. Civil Liberties Union of N. Calif., 503 Market St., San Francisco.
266.2. Prince v. City and Co. of San Francisco. (Calif. Sup. Ct.) Suit for recovery of property taxes paid under protest. Facts and issues similar to Speiser (266.1). Pending on appeal from decision upholding constitutionality of act.

Ralph T. Wertheimer, Esq., and Lawrence Speiser, A.C.L.U. of N. Calif., 503 Market St., both of San Francisco.
266.3. Lehrer v. Hall. (Calif. Super. Ct., Marin Co.) Declaratory relief action; facts and issues similar to Speiser (266.1).

John Douglas Short, Esq., Sausalito, and Lawrence Speiser, Staff Counsel, A.C.L.U. of N. Calif., 503 Market St., San Francisco.
266.4. Bliss v. Quinn. (Calif. Super. Ct., Los Angeles Co.) Facts and issues similar to Speiser (266.1).

A. L. Wirin, Esq., 257 S. Spring St., Los Angeles.
267. Private employment—teaching
And see 262.
268. Private employment—defense establishments

268.1. Parker, et al. v. Lester, et al. (CA 9, #14081.) (112 F. Supp. 433.) Action brought by seamen to enjoin Coast Guard Commandant from enforcing regulations for screening seamen for merchant ships (Magnuson Act, 50 USCA 191-2-4, and Exec. Orders 10173-10277 and 10352). Regulations had no provision for full hearing or confrontation. Dist. Ct. held: even mindful of Gov't security, "due process" required that seaman be advised of basis for determination where clearance was denied, with such specificity as to afford him reasonable opportunity to refute; ruled Pls. entitled to bills of particulars, but that Gov't need not disclose identity or source of information on which it acted. Oct., 1955, CA 9 held: Dist. Ct. relief insufficient; right to employment a property right, constitutionally protected; need for Gov't security did not require denial of "due process" in traditional sense; seamen entitled to know charges, have right of confrontation and cross-examination; therefore held existing regulations invalid, granted injunction against their application. Court also held: no "exhaustion of administrative remedies" necessary since administrative lack of real appeal procedure and review made no relief there possible. On proceedings in Dist. Ct. for entry of order, Def. contended its new regulations provided adequate administrative review and Pls. should follow such regulations. Ct. directed immediate reinstatement of seamen and CA affirmed, Aug. 27, 1956; rehearing denied.

Gladstein, Andersen, Leonard & Sibbett, Esqs., 240 Montgomery, San Francisco.

Law review note in 104 Univ. of Penna. L. R. 703-707 (Mar., 1956).
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268.2. Kasik v. Richmond. (DC DC.) Action by 7 Pls. seeking review of screening procedures applicable to merchant seamen. Issues similar to Parker (268.1). Oct. 2: Dist. Ct. denied both parties' motions for summary judgment, but retained jurisdiction pending Pet.'s application for hearing under new Coast Guard regulations and in accordance with due process.

Victor Rabinowitz, Esq., 25 Broad St., NYC; Forer and Rein, Esqs., 711-14th St., N.W., Washington, D. C.
268.3. Mulzac v. Richmond. (DC DC.) )Facts, issues and status similar to Kasik (268.2).

William L. Standard, Esq., 38 Park Row, NYC; Forer and Rein, Esqs., 711-14th St., N.W., Washington, D. C.
268.4. Hutchin v. Rohr Aircraft Co. (Calif. Super. Ct., San Diego.) Def. fired Pl.-employee after he distributed pamphlets for Socialist Labor Party near Def. plant. Pl. sued employer for dismissal, claiming violation of Calif. Labor Code provision that "employer may not discharge or threaten to discharge an employee to coerce or influence the employee to refrain from political activity". Def. moved to dismiss. Judge Turrentine ruled for Pl., holding the right to political activity so fundamental that courts will protect it even in absence of legislation protecting it. Awaiting trial.

Marshall Ross and A. L. Wirin, Esqs., 257 S. Spring St., Los Angeles.
269. Private employment—other

269.1. Faulk v. AWARE, Inc., et al. (N.Y. Sup. Ct., N.Y. Co.) Suit for $500,000 damages by Pl.-radio performer charging. Def. organization and directors with conspiracy to defame Pl. by circulating false matter seeking to link him with "Communist conspiracy"; attempting to blacklist Pl. and other radio and television artists. Pl. had filed non-Communist affidavit when elected officer in American Federation of Television and Radio Artists. Pl. also alleged Def. had caused loss of 19 commercial sponsors for his program per week and rendered him unemployable on TV and radio networks other than CBS. Aug., 1956: Ct. dismissed Def.'s answer that their statements were true, fair comment and privileged; held defenses not valid because Def.'s statements only conclusions, not facts.

Louis Nizer, Esq., Phillips, Nizer, Benjamin and Krim, 1501 Broadway, NYC.

Law review article:

Harold W. Horowitz, Legal aspects of "political black listing" in the entertainment industry, 29 Southern Calif. L. R. 263-305 (Apr., 1956).
269.2. Allen v. Local 1976, Carpenters Union—AFL-CIO. (Los Angeles Co. Ct.) Suit by Pl.-former business agent in Def.-union for restoration to membership. Issue: Pl.'s expulsion for attending meetings in behalf of Defs. in Smith Act case (Yates, 241.1). Pending.

Abe Gorenfeld, Esq., Los Angeles.
270. Criminal Penalties for Non-disclosure
271. Congressional Committees

271.1. U. S. v. Lamont. (CA 2.) Indictment charged contempt of Senate sub-committee consisting of Sen. McCarthy only. Motion to dismiss granted because necessary elements of crime (2 USC Sec. 192) which must be set out in indictment include (1) that comm. in question was empowered by Congress to conduct particular inquiry and source of such power; (2) that inquiry being conducted was within conferred power; and (3) that witness' refusal to answer was wilful. On appeal, CA held McCarthy Comm. had no jurisdiction over alleged subversive activities of non-governmental persons; in circumstances here, no showing that any crime has been committed.

Philip Wittenberg, Esq., 70 W. 40th, NYC.
271.2. U. S. v. Unger. (CA 2.) Facts, issues and status similar to Lamont (271.1).

David M. Freedman, Esq., 11 Park Pl., NYC.
271.3. U. S. v. Shadowitz. (CA 2.) Facts, issues and status similar to Lamont (271.1).

Victor Rabinowitz, Esq., 25 Broad St., NYC.
271.4. U. S. v. O'Connor. (CA DC.) Def.-author convicted of contempt for refusal to answer questions of McCarthy sub-committee. Issues: jurisdiction of comm.; application of First Amdt. Ct. held: Comm. had jurisdiction; refused to apply First Amdt., citing Lawson (176 F. 2d 49). Appeal argued; decision awaited.

Gerhard Van Arkel, Esq., 1830 Jefferson Pl., NW, Washington, D.C.; Leonard Boudin, Esq., 25 Broad St., NYC. Amicus brief filed by Am. Civil Liberties Union, 170 Fifth Ave., NYC.

Law review note in 56 Columbia L. R. 798-801 (May, 1956).
271.5. U. S. v. Davis. (WD Mich.) Facts and issues similar to O'Connor (271.4) and Lamont (271.1). Motion to dismiss indictment denied. Case awaiting trial.

Philip Wittenberg, 17 W. 40th, NYC.
271.6. U. S. v. Watson. (DC DC.) Def. refused to answer questions before House Un-American Activities Comm. investigating communism in Phila. schools. Issues: scope of Comm.'s authority; witness's right to refuse to answer under First Amdt. Def. tried without jury; decision awaited.

Leonard B. Boudin, Esq., 25 Broad Street, NYC.
271.7. U. S. v. Barenblatt. (CA DC.) Def. convicted for declining to answer questions before House Un-American Activities Comm. Issues: scope of authority of Comm; interference with First Amdt. rights; validity of indictment; whether investigation was for legislative purpose. Sept. 27: appeal argued, decision reserved.

David Scribner, Esq., 9 E. 40th, NYC.
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271.8. U. S. v. Lorch. (SD Ohio, W. Div., #3185.) Def.-prof. declined to answer questions before House Un-American Activities Comm. Dist. Ct. ordered U. S. to state in bill of particulars the subject of inquiry and whether within scope of resolution fixing Comm.'s duties. Ct. then granted Gov't's motion to dismiss indictment. Jy. 10: new indictment returned. Pending.

Fyke Farmer, Esq., 300 W. Bellevue Drive, Nashville, Tenn.
271.9. U. S. v. Russell. (CA DC, #13529.) Def. convicted on 3 counts for declining to answer questions re his own and others' alleged Communist activities before House Un-Am. Activities Sub-comm. Issues: validity of Def.'s reliance solely on First Amdt.; failure to direct to answer. Appeal pending.

Joseph A. Fanelli, Esq., 1701 K St., NW, Washington, D.C.
271.10. U. S. v. Deutch. (CA DC.) Facts similar to Russell (271.9). Dist. Ct. dismissed indictment because did not allege "wilful" refusal. July 26, 1956: CA reversed, held refusal a "positive act * * * by its very nature * * * wilful."

Henry W. Sawyer, Esq., 117 S. 17th, Philadelphia; Edmund D. Campbell, Esq., Southern Bldg. and George H. Goodrich, Esq., Ring Bldg., both of Washington, D.C.
271.11. U. S. v. Sacher. (CA DC.) (139 F. Supp. 853, 855.) Before Sen. Internal Security Sub-comm. Def.-atty. answered questions re his relations with ex-Gov't witness Matusow, declined to answer re his own political beliefs and associations because questions improper, not pertinent, without legislative purpose. Appeal from conviction argued Sept. 27; decision reserved.

Judge Hubert Delany, 52 Broadway, NYC; David Rein, Esq., 711 14th St., NW, Washington, D.C.
271.12. U. S. v. Gojack. (CA DC.) Def.-union official appealing conviction for contempt of House Un-American Activities Comm. for refusal, under First Amdt., to answer questions re communism.

Frank Donner, Esq., 342 Madison Ave., NYC.
271.13. U. S. v. Metcalf. (SD Ohio.) Def.-prof. at Antioch College answered all questions about himself at hearing of House Un-American Activities Comm. but declined to answer questions as to others because he didn't want to become "an informer". Issues: similar to Lamont (271.1). Oct. 3, 1955: Fedl. Judge dismissed indictment on ground of no authority in Comm., similar to Lamont. Def. reindicted.

Telford Taylor, Esq., 400 Madison Ave., NYC.
271.14. Watkins v. U. S. (U.S.S.C., #261.) (233 F. 2d 681.) Def.-UAW-CIO official convicted of contempt of House Un-American Activities Comm. for refusal to testify re other former Communist Party members. CA DC reversed conviction (2-1), holding questions asked Def. not pertinent to purposes for which Comm. created. On rehearing en banc, CA DC affirmed conviction because questions were pertinent and any exposure of individuals to public scorn thereby was incidental only. Oct. 8: U.S.S.C. granted cert. Joseph L. Rauh, Jr., Norma Zarky, Esqs., 1631 K St., NW; Sidney Sachs, Esq., Woodward Bldg., all of Washington, D.C.; and Harold Cranefield, Esq., 8000 E. Jefferson Ave., Detroit.

Law review note in 42 Virginia L. R. 675-9 (June, 1956).

And see 331.
272. State Committees

272.1. Sweezy v. New Hampshire by Atty. Genl. Wyman. (U.S.S.C., #175.) (121 A. 2d 783.) N. H. Sup. Ct. unanimously affirmed conviction of Def. for refusal to answer questions re content of his lecture at U. of N. H. and activities of Progressive Party because N. H. Laws, Chap. 193, giving Atty. Genl. power to investigate "subversive" organizations and individuals held valid and questions relevant when Atty. Genl. "possesses reasonable or reliable information" that proscribed doctrines and actions were present. Oct 8: U.S.S.C. noted probable jurisdiction; further consideration of jurisdictional question at argument on merits.

William L. Phinney, Esq., Amoskeag Bank Bldg., Manchester, N.H.
272.2. New Hampshire v. Uphaus. (N.H. Sup. Ct.) Dr. Willard Uphaus refused, on First Amdt. grounds, to give names of guests at World Fellowship Camp to Atty. Genl., as directed by N. H. Super. Ct. Sentenced to jail until he purged himself. Issues: Def.'s First Amdt. rights; whether Nelson decision (350 U. S. 497) re supercession applies here; whether this constitutes cruel and unusual punishment under Eighth Amdt. To be argued Nov.

Hugh F. Bownes, Esq., Laconia, N.H.

And see 332.
273. Legal and administrative tribunals

273.1. U. S. v. Witkovich. (U.S.S.C.) (140 F. Supp. 815.) Deportee indicted for violation of supervisory parole provisions of Walter-McCarran Act (8 U.S.C. 1252(d)(3)). Charges based on Def. having "wilfully fail[ed] to answer" series of questions re associations, activities, membership in Communist Party and other organizations, on First Amdt. grounds. Ct. dismissed indictment, holding Atty. Genl's. only power is to deport; these questions not relevant to Def's. "availability for deportation". Following analogy of criminal contempt proceedings for failure to answer grand jury or Cong. comm., Ct. ruled pertinency to subject matter may be determined from indictment itself. Gov't's. appeal to U.S.S.C. pending.

Pearl M. Hart, Esq., 30 N. La Salle, Chicago.
273.2. U. S. v. Keller. (ND Ill., ED, #55 CR 608.) Facts and issues similar to Witkovich (273.1). Trial date: Nov. 26.

Pearl M. hart, Esq., 30 N. La Salle, Chicago.
273.3non-crim.. Nukk, et al. v. Shaughnessy. (SD NY.) (125 F. Supp. 498, 76 S. Ct. 114.) Application for order restraining Immigration Service from enforcing Walter-McCarran supervisory parole provisions against Pets.-non-citizens against whom final deportation orders have been issued. Orders require: weekly reporting to Service; no travel outside 50 mi. radius; discontinuation of Communist Party Membership and association with Party members or affiliates. U.S.S.C. reversed dismissal of complaint, held, "case or controversy" present. On remand to 3-judge Ct.

Blanch Freedman and Gloria Agrin, Esqs., 220 Broadway, NYC.
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273.4. Sentner v. Colarelli. (ED Mo. E. Dist., Civ. #9440(1). Facts similar to Nukk (273.1). Oct. 4, 1956: 3-judge Ct. unanimously enjoined Def.-Dist. Dir. of Imm. from enforcing supervisory parole provisions which exceed authority Congress delegated to Atty. Genl.: ¶ 5: ordering Pl. to conduct herself "in a lawful and orderly manner"—state law adequate, no relationship to Pl.'s availability for deportation; ¶ 8: ordering Pl. not to violate Smith Act or Internal Security Act—adds to penalties Congress set for violating these Acts; ¶ 6 & 7: abuse of discretion to prevent Pl. from "association with, or support of the doctrines and policies of the Communist Party" or its sympathizers, particularly when based on no standard.

"The vagueness of these restrictions can be illustrated. * * * Thus, it has often been suggested that the Communists desire to take advantage of the racial problem in this country by advocating integration in the south, thereby supposedly stimulating unrest and discord. If that is true, is such advocacy a 'doctrine' or 'policy' of the sort contemplated by paragraphs 6 and 7? It is hardly reasonable to suppose that the Attorney General, by these two paragraphs, seeks to preclude plaintiff from expressing approval of the decision of the Supreme Court in the School Segregation Cases, 347 U. S. 483, or of the position taken by this same Attorney General in those cases. Yet such an expression would appear to be activity in furtherance of that 'policy'. If those paragraphs do not have this effect, it is not easy to say what their meaning is." Sydney L. Berger, Esq., Koenig Bldg., Evansville, Ind.; R. L. Witherspoon, Esq., 1518 N. Sarah St., St. Louis, Mo.
274. Refusal to produce records

274.1. Flaxer v. U. S. (U.S.S.C.) Pres., United Public Workers Union, convicted of contempt under 2 USC 192 for failure to produce lists of union members employed by federal, state, county and municipal gov'ts when demanded by 1-man Sub-committee on Internal Security. Issues: pertinency of lists, particularly of non-federal employees; no direction to answer by quorum of sub-comm. CA affirmed (4-3), held union membership lists pertinent to Cong. Comm. inquiry; direction to answer was given. Petition for certiorari pending.

Forer and Rein, Esqs., 711 14th St. NW, Washington, D.C.
274.2. U. S. v. Baxter. (ED Mich., SD.) Prosecution for contempt of Congress for failure to produce records of Labor Youth League subpoenaed by House Committee. During trial, Judge Lederle sustained Def.'s objection to Gov't's attempt to establish intent in subpoenaing records by testimony of Comm. investigator. Case continued to allow appearance of Congressman member of Comm. to establish this point.

Milton R. Henry, Esq., 41½ S. Saginaw St., Pontiac, Mich.
280. Civil Penalties for Non-disclosure

280.1. Savelle and Nostrand v. U. of Wash., et al. (Thurston Co. Super. Ct.) Order issued Aug. 29, 1955 temporarily restraining Def.-University from requiring faculty loyalty oaths from Pl.-professors and others under 1955 Wash. loyalty Act, which provides immediate mandatory discharge for any Univ. employee who fails to sign notarized oath that he is not member of Communist Party or any organization on Atty. Gen'l's list. (See 221.) Issues: whether Act violates Pls.' rights under 1st, 5th and 14th Amdts., and Art. I, sec. 10 (bill of attainder) of U.S. Const.; whether organizations on Atty. Gen'l's list had opportunity for fair hearing on charges. Pending.

Solie Ringold, Esq., 1201 Dexter Horton Bldg., Seattle.
280.2. Pickus and Soglin v. Chicago Bd. of Education. (Ill. Sup. Ct.) Facts similar to Savelle (280.1) except Pls. public school teachers. Trial Ct. held: 1) School Bd. entirely independent of City of Chicago and its employees, therefore subject to Broyles Oath Law; 2) teachers are employees and not officers; 3) law does not violate First Amdt. rights, citing Garner (341 U. S. 716); Adler (342 U. S. 485); Anastaplo (3 Ill. 2, 471). Also held statute relates to knowing membership in Communist Party or subversive organization and such membership is related to fitness to teach. Injunction sought by Pls. denied. Issues: since Oath Bill does not prohibit employment of teachers who fail to take oath, but only denies them compensation, does it even purport to carry out legitimate legislative functions; does it constitute unwarranted intrusion on rights of free speech and assembly; is it bill of attainder. Appeal pending.

Henry Heineman and Bernard Weissbourd, Esqs., 135 S. La Salle, and F. Raymond Marks, Jr., Staff Counsel, Chicago Division ACLU, 19 S. La Salle, of Chicago.
280.3. Adler v. Bd. of Education. (NY State Commr. of Education.) Proceeding by 4 teachers re right of Bd. of Educ. to dismiss employees for refusal to inform on other teachers re their political beliefs. Commr. held requirement that teachers inform would be detrimental to proper functioning of educational system, would destroy morale of teachers. Directed that charges be dropped.

Victor Rabinowitz, Esq., 25 Broad St., NYC.
280.4. Hughes v. Bd. of Higher Education. (NY State Commr. of Education.) Facts same as Adler (280.2) except that college professor was involved. Decision same as Adler. Reinstatement ordered.

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

And see 262 and 267.
290. Penalties for False Disclosure
291. Taft-Hartley oath

291.1. Jencks v. U. S. (U.S.S.C., #23.) (226 F. 2d 540, 553.) Pl.-Mine, Mill & Smelter Workers local pres. convicted on 2 counts under 18 USC 1001, for falsely swearing to Taft-Hartley non-communist affidavit. U.S.S.C. granted cert., limited to. 1) Trial Ct.'s denial of Def.'s motion to inspect reports made to FBI by Gov't witness Matusow; 2) Ct.'s refusal to give charge to jury re testimony of "confidential informers"; 3) Ct.'s definition of "membership"; 4) Ct.'s definition of "affiliation" in charge to jury. Argued Oct. 16.

John T. McTernan, Esq., 112 W. 9th, Los Angeles; Nathan Witt, Esq., P. O. Box 156, Ansonia Sta., NYC; E. B. Elfers, Esq., El Paso, Texas.
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291.2. Gold v. U. S. (U.S.S.C., #137.) Facts and issues somewhat similar to Jencks (291.1). Added issues: 1) applicability of perjury rules to prosecutions under act; 2) was resignation from Communist Party permissible under Party rules and standards, and does resignation require "denunciation" and "break" with said Party. Oct. 8: Cert. granted.

Harold I. Cammer, Esq., 9 E. 40th, NYC; Forer and Rein, Esqs., 711 14th St. NW, Washington, D.C.
291.3. Bryson v. U. S. (CA 9.) Appeal from conviction for falsely swearing on affidavit re "affiliation" with Communist Party. Indictment charge of "support" of said Party dismissed on Gov't motion; charge of "membership" in said Party resulted in acquittal by jury. First case in which guilt based solely on "affiliation". Bail on appeal reduced by CA from $50,000 to $20,000. Pending.

Richard Gladstein and George R. Andersen, Esqs., 240 Montgomery St., San Francisco.
291.4. Travis v. U. S. (CA 10.) Appeal from conviction on 4 counts involving "membership, affiliation with and support of" Communist Party. Argument: Nov.

Nathan Witt, Esq., Box 156, Ansonia Sta., NYC; Samuel D. Menin. Esq., Ernest and Cranmer Bldg., Denver, Colo.
291.5. Lohman v. U. S. (CA 6.) Appeal from conviction of minor trade union official. Oct. 1956: heard and submitted.

David Scribner, Esq., 9 E. 40th St. and Marshall Perlin, Esq., 342 Madison Ave., both of NYC; J. Paul Prear, Esq., Dayton, Ohio.
291.6. U. S. v. Killian. (DC Ill., #55 CR 626.) Minor trade union official charged with filing false affidavit re "membership" and "affiliation". Prosecution pending.

Meyers and Rothstein, Esqs., 188 W. Randolph St., Chicago.
292. Government Security Questionnaires

292.1. U. S. v. McDaniel. (ED Wash., S. Div., #C-4519.) Indictment charging Def. under 18 USCA Sec. 1001 with making false statements in application for job with Atomic Energy Commission in having answered "No" to questions of membership in organization on Att'y Gen'l's list. Charge: membership in Nat'l Negro Labor Council and Wash. Pension Union (see 211.6), neither of which organizations was on list submitted to Def. Trial date: Nov., 1956.

John Caughlan, Esq., 702 Lowman Bldg., Seattle.
II. DUE PROCESS AND RELATED RIGHTS (FOURTH, FIFTH, SIXTH, SEVENTH, EIGHTH AND FOURTEENTH AMENDMENTS) (300-499)

300. Searches and Seizures
Law review article:

James A. Eichner, Impact of the Rea case (350 U. S. 214) on the law of illegal search and seizure, 9 Florida L. R. 178-192 (Summer, 1956).

Law review notes in:

56 Columbia L. R. 940-944 (June, 1956); 25 Fordham L. R. 157-159 (Spring, 1956); 10 Southwestern L. J. 324-326 (Summer, 1956); 7 Syracuse L. R. 319-320 (Spring, 1956); 3 U. C. L. A. L. R. 390-395 (Apr., 1956); 1 Villanova L. R. 346-348 (May, 1956).

301. Wiretapping

301.1. U. S. v. Costello. (SD NY.) Sept. 28: Dist. Ct. dismissed denaturalization action against Def. because Govt.'s affidavit of good cause based on minutes of Kefauver Comm. hearings, transcripts of NY grand jury, disciplinary hearing re 1943 election, immigration secret files, and taps made in 1925 to indict Def. under Natl. Prohibition Act. Ct. said: "All of the information before me indicates that the tainted and illegal evidence is so intermingled with evidence that is claimed to be untainted that it is incumbent upon the Gov't to unravel the skein and to demonstrate that the sources of its evidence are unaffected by the use of wire-taps".
301.2. California v. Tarantino. (Calif. Sup. Ct.) (290 Pac. 2d 505.) Evidence against Def., charged with extortion, obtained by tape recordings of conversations in Def.'s hotel room through microphone planted there. Calif. Supr. Ct. held such evidence unlawful and inadmissible; reversed all counts but one. Cert. denied.

Leo R. Friedman, Esq., Russ Bldg.; Charles R. Garry, Esq., 470 Central Tower, and George Olshausen, Esq., 1238 Pacific St., all of San Francisco.
301.3. Wirin v. Parker, L.A. Police Chief. (Calif. Dist. Ct. of App.) Taxpayer's suit to enjoin expenditure of public funds for illegal purpose, to wit: police surveillance by dictograph installation and use, as described in Irvine (347 U. S. 128) and Cahan (282 P. 2d 905). Super. Ct. denied injunction on ground that taxpayer does not have sufficient interest to secure such relief. On appeal.

Nathan L. Schoichet, Esq., 8907 Wilshire Blvd., Beverly Hills, Calif.
301.4. Voci v. Storb. (CA 3.) Pl. sought, in Fedl. Dist. Ct., to enjoin state police officers from using, and to suppress evidence based on, wire