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CIVIL LIBERTIES DOCKET
Vol. II, No. 2
February, 1957
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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.

Concluded cases described in Vol. II, No. 1 will not be mentioned in this or future issues except to give official citations of decisions. Pending cases in which there has been no change in status since the description in the first issue are listed below and marked with an *. Pending cases in which changes have occurred since the first issue will show the page reference of the previous full description.

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

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

Leon R. Yankwich, Legal implications of, and barriers to, the right to know, 40 Marquette Law Rev. 3-37 (Summer, 1956).

Charles S. Desmond, Legal problems involved in censoring the media of mass communications, 40 Marquette Law Rev. 38-56 (Summer, 1956).

J. R. Wiggins, The role of the press in safeguarding the people's right to know Government business, 40 Marquette Law Rev. 74-82 (Summer, 1956).

Vernon J. Bourke, Moral problems related to censoring the media of mass communications, 40 Marquette Law Rev. 57-73 (Summer, 1956).

William P. Rogers, The right to know Government business from the viewpoint of the Government official, 40 Marquette Law Rev. 83-91 (Summer, 1956).

Glanville Williams, The concept of legal liberty, 56 Columbia Law Rev. 1129-1150 (Dec., 1956).

William C. Mathes, A new order of the ages: Free speech and internal security, 42 ABAJournal 927 (Oct. 1956).

Donald Oresman, Newspaper cameras and the courtroom, 18 U. of Pitts. L. R. 95-107 (Fall, 1956).

10. Licensing
11. Meetings
12. Motion Pictures

12.1. Times Film Corp. v. Chicago. (CA 7.)*

Law review note:

Constitutional law—prior restraint. 42 ABAJournal 768 (Aug. 1956.)
12.2. Kingsley Intl. Pictures Corp. v. Regents of University of New York State. (App. Div., 3d Dept., NY Sup. Ct.) For facts, see II DOCKET 1. To be argued Feb., 1957.
12.3. In re Application of Excelsior Pictures Corp. v. Regents of University of New York State. (App. Div., 3d Dept., NY Sup. Ct.) (2 A. D. 2d 941.) Nov. 14, 1956: Ct. unanimously held that movie, "The Garden of Eden", was not "indecent" despite portrayal of nudists, but declined to rule on constitutionality of NY licensing law. Presiding Justice Foster would have declared it unconstitutional in toto. Sol A. Rosenblatt, Esq., 630 Fifth Ave., NYC.
12.4. Dickinson Operating Co. v. Kansas City Officials. (Mo. Cir. Ct.) Jan.: Cir. Judge granted Pl's. petition for injunction to prevent City from interfering with plans to show movie, "Garden of Eden", holding it "is not a picture displaying either obscene or immoral matter, and by reason thereof is not a nuisance within the meaning of the law."
13. Peddlers
14. Miscellaneous

14.1. Sunshine Book Co., Solar Union Naturisme, Inc., Ilsley Boone, G. I. Distributors, Inc. v. McCaffrey, NYC Commr. of Licenses and G. P. Monaghan, NYC Police Commr. (NY Co. Sup. Ct., #1097/1952.) Pets. seek injunction to stop Defs. from preventing 1200 city newsstand operators from selling their publications on penalty of losing their licenses under 1952 order. Pets. claim violation of First Amdt. rights, particularly re suppression of future issues. Pending.

Rogge, Zucker, Fabricant and Gordon, Esqs., 401 Broadway, NYC.
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14.2. Denton v. City of Carrolton, Ga. (CA 5, #15841.) (132 F. Supp. 302, 235 F. 2d 481.) Action to enjoin city from instituting criminal proceedings under ordinance requiring any "labor union agent" to obtain $1,000 license (plus $100 for each day worked as agent); penalty: $100 and/or 60 days. Dist. Ct. dismissed complaint, held that Ct. lacked jurisdiction to enjoin contemplated criminal proceedings in state ct., despite Ct's. jurisdiction under Civil Rights Act, 28 USCA 1343. Jy. 1956: CA 5 reversed and remanded for hearing on merits; "purpose * * * seems not to regulate, but to prohibit. * * *"

Bert Diamond and Benjamin C. Sigal, Esqs., Washington, D. C.; J. R. Goldthwaite, Jr., Esq., Atlanta, Ga.
20. Administrative Restrictions
21. Customs

21.1. U. S. v. 31 Photogarphs, et al. (SD NY, #AD189 50.)*
22. Post Office
23. Miscellaneous

23.1. Daily Worker v. Moysey. (U. S. Tax Ct.) For facts, see II DOCKET 1. Before appeal from Dist. Ct. ruling heard, proceeding dismissed without prejudice. Petition for review of tax determination pending.
23.2. Walker v. Mayor D'Alesandro. (Md. Ct. of App., #44.) For facts, see II DOCKET 1-2. Nov. 1, 1956: heard and submitted.
23.3. Popular Library, Bantam Books, Dell Publishing Co., Pocket Books, New American Library v. Pros. Atty. Hamm, St. Clair Co. (ED Mich. N. Div., Civ. #16075.) Pls.-publishers seek injunction and $50,000 damages against Co. Pros. Atty. who ordered wholesale news distributors not to handle books or magazines listed as objectionable by Natl. Organization for Decent Literature, a Roman Catholic group. Pls. charge Def. exceeded authority in adopting list as official guide and deprived them of property without due process of law. Pending.

Goldsmith and Rosen, Esqs., 1570 National Bank Bldg., Detroit; Weil, Gotshal and Manges, Esqs., 60 E. 42nd St., NYC.
23.4. HMH Publishing Co., Inc. v. Pros. Atty. Hamm, St. Clair Co. (ED Mich. N. Div., Civ. #16095.) Facts and issues similar to Popular Library, 23.3 Ct. issued preliminary injunction; pending.

Butzel, Levin, Winston and Quint, Esqs., 1990 National Bank Bldg., Detroit; Friedman, Zoline and Rosenfield, Esqs., 208 S. LaSalle, Chicago.
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.)*
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., #16.) For facts, see II DOCKET 2. Oct. 16, 1956: heard and submitted. Dec. 3: motion for leave to file petition to intervene in Alberts (52.2), or, in the alternative, for consolidation with Alberts, denied.
52.2. Alberts v. California, (U.S.S.C., #61.) For facts, see II DOCKET 2. See Butler, 52.1.
53. Defamation
54. Sedition (see also 241-4)

54.1. U. S. v. Powell, et al. (ND Calif., S. Div., #35065.) For facts, see II DOCKET 2. Ct. authorized taking depositions of Chinese witnesses before U. S. Consul in Hong Kong. After State Dept. refused counsel passport validation to travel to Chinese mainland and N. Korea to persuade witnesses to give depositions in Hong Kong or testify at trial in San Francisco, Fedl. Judge Goodman made order authorizing counsel A. L. Wirin to travel to China and N. Korea as officer of Ct. and ordered U. S. Government and agents to impose no criminal or administrative sanctions of any kind in connection therewith and specifically not to revoke or refuse to renew counsel's passport.
55. Picketing

55.1. People of New York v. Carcel and Collazo. (N. Y. Ct. of App.) For facts, see II DOCKET 2. NY Ct. of Spec. Sess., App. Div. without opinion affirmed (2-1) conviction in Magistrate's Court. Dec. 18, 1956: certificate issued granting leave to appeal to Ct. of App.
56. "Corrupt Practices"

56.1. U. S. v. UAW-CIO. (U.S.S.C.) For facts, see II DOCKET 2. Dec. 5, 1956: heard and submitted.
57. Miscellaneous

57.1. People of New York ex rel. Hearn v. Muste, et al. (Spec. Sess., App. Term, NY Co.)*
57.2. People of New York v. Peck, et al. (Spec. Sess., App. Term, NY Co.) For facts, see II DOCKET 2-3. Jan. 16, 1957: 6 (of 19) Defs. pleaded guilty, chose jail sentences instead of paying $25 fines. 1 tried; fined $25. Jan. 16-17: 11 tried in NYC Magis. Ct.; convicted; $25 fine or 5 days. Defs. free on $100 bail pending appeal.
57.3. People of New York v. Panagakos. (NY Ct. of App.)*
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57.4. People of California v. Aykens and Wallace. (App. Dept., Super. Ct.. San Mateo, #AD 45.) For facts, see II DOCKET 3. Jan. 31, 1957 argued.

Lawrence Speiser, Esq., for A. C. L. U. of N. Calif., 503 Market St., San Francisco.
57.5. U. S. v. Roumanian-American Pub. Co. (DC DC.) Def. weekly newspaper, published since 1914, indicted for failing to register as foreign agent while acting as "publicity agent" for Roumanian gov't and accepting "compensation" from it. Gov'ts. bill of particulars listed 495 articles published during past 8 years subjects of all of which appeared in competitive papers; others were critical of Roumanian gov't. Issue: whether prosecution violates First amdt.; whether it is attempt of State Dept. to compel foreign language press to reflect its position toward their parent countries.

Ernest Goodman, Esq., 3220 Cadillac Tower, Detroit. And see Bissell, 552.Va1.
60. Civil Sanctions
61. Defamation
Law review note:

Torts—Slander Per Se—Charge of Communism, 60 Dickinson Law Rev. 354-7 (June 1956.)

62. Injunctions in labor disputes
63. Other injunctions

63.1. Krebiozen Research Foundation v. Beacon Press, Inc. (U.S.S.C., #286.) For facts, see II DOCKET 3. Citations: 134 N. E. 2d 1, 352 U. S. 848.
FREEDOM OF RELIGION (100-199)
110. Separation of Church and State

110.1. In re Application of Lewis and Klein v. NY State Comm'r. of Education. (N. Y. Sup. Ct., Albany.) Petition under Art. 78 to compel State Education Comm'r. to remove words "under God" from approved public school version of pledge of allegiance, arguing that words violate separation between Church and State. Heard and submitted. Martin J. Scheiman, 1740 Broadway, NYC.
120. Pacifists and Conscientious Objectors

120.1. U. S. v. Eichel. (ED NY.) Def.-absolute pacifist refused to register under 1948 Universal Military Training Act. Convicted after trial; 1 year and 1 day sentence. Bail pending appeal denied. Application for bail pending in CA 2.

Conrad J. Lynn, Esq., 141 Broadway, NYC.
130. Denial of Tax Exemptions

130.1. People's Church of San Fernando Valley, Inc. v. County of Los Angeles. (Calif. Sup. Ct.)*
130.2. First Methodist Church of San Leandro v. Horstmann, et al. (Calif. Sup. Ct.)*
130.3. First Unitarian Church of Berkeley v. Horstmann, et al. (Calif. Sup. Ct.)*
130.4. American Unitarian Assn., et al. v. County of Santa Clara, et al. (Santa Clara Co. Super. Ct., Calif.)*
130.5. Fellowship of Humanity v. Co. of Alameda and City of Oakland. (Super. Ct., Alameda Co., #250074.) For facts, see II DOCKET 3. To be argued Feb. 1957.
140. Miscellaneous Restrictions

140.1. Rev. Dawkins v. Station KGFJ. (Calif. Super. Ct., Los Angeles County.)*
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.)*
202.2. Green v. Javits, et al. (NY Spec. Term.)*
203. N.L.R.B. certification

203.1. Leedom, et al. v. Intl. Union of Mine, Mill & Smelter Workers. (U.S.S.C., #57.) (352 US .) For facts, see II DOCKET 4. Dec. 1956: U. S. S. C. affirmed unanimously; held: "* * * there is no indication that Congress meant to impose on a union the drastic penalty of decompliance 'because its officers had deceived the union as well as the Board by filing a false affidavit.' The penalty stated in sec. 9(h) is one against the guilty officers. In view of the wording of sec. 9(h) and its legislative history, we cannot find an additional sanction which in practical effect would run against the members of the union, not their guilty officers."
203.2. Amalg. Meat Cutters & Butcher Workmen of N. Am. v. N. L. R. B. (U.S.S.C., #40.) (352 U. S. 153.) For facts, see II DOCKET 4. Dec. 1956: U. S. S. C. reversed; holding similar to Leedom, 203.1.
203.3. U. S. v. Travis, et al. (DC Colo.) Indictment for alleged conspiracy to obtain use of services of NLRB for Mine, Mill and Smelter Workers Union by use of false affidavits by Defs.-union officials that they were not Communist Party members. Issues: charge appears to be for false statement under oath, which is not subject to conspiracy charge as defined in 18 USC 371, under which indictment is laid; U. S. S. C. decisions in Leedom and Meat Cutters, 203.1 and .2 held that NLRB can not look behind affidavits when filed, and therefore could not have been defrauded. Argument Feb. 11.

Nathan Witt, Esq., P. O. Box 156, NYC.

And see West, 291.20.
204. Continued existence

204.1. Alabama ex rel. Atty. Genl. Patterson v. N. A. A. C. P. (Ala. Cir. Ct.) For facts, see II DOCKET 4. Dec. 6, 1956: Ala. Sup. Ct. refused for second time to review action of Cir. Ct. in holding Def.-organization in contempt and imposing $100,000 fine.
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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.) For facts, see II DOCKET 4. Oct.: during trial, N. A. A. C. P. counsel U. S. Tate, as witness, denied illegal solicitation of lawsuits in school desegregation cases (see cases at 522. Tex.) Oct. 23: Ct. issued temporary injunction. Ct. then over-ruled N. A. A. C. P. motion on jurisdiction. Evidence on question of venue has been taken; ruling expected early Feb.
204.3. Williams, Ga. Revenue Commr. v. N. A. A. C. P., et al. (Fulton Super. Ct., Atlanta Jud. Cir., Ga., #A-58654.) Pl.-Revenue Commr. sought to inspect records of N. A. A. C. P.; officers asked to see Ct. order. Commr. sought and obtained Ct. order to inspect and contempt citations against N. A. A. C. P. officers. On presentation of Ct. order, officers permitted Pl. to inspect books and records for several days. Dec. 14: in hearing on contempt citations, Ct. held evidence did not show that some Defs. had such records in their control, ordered others to produce records which Defs. allege are not in their office but in national N. A. A. C. P. office in NYC, found one Def. guilty of contempt and sentenced him to 12 mths. in jail, suspended "so long as he behaves himself"; fined Def.-N. A. A. C. P. $25,000, "the Ct. reserving jurisdiction, after the production of the books, * * * to reduce the amount * * * * if such should be just under the circumstances then existing." Defs.' motion to dissolve injunction or dismiss action pending.

A. T. Walden, Esq., 200 Walden Bldg.; D. L. Hollowell, Esq., 859½ Hunter St. NW; E. E. Moore, Jr., S. S. Robinson and Romae S. Turner, Esq., 175 Auburn Ave. NE, all of Atlanta, Ga.
204.4. N. A. A. C. P. and N. A. A. C. P. Legal Defense & Educ. Fund, Inc. v. Va. Atty. Genl. Almond, et al. (ED Va., #2435 and 2436.) Action for temporary and permanent injunction against enforcement of new Va. laws which provide: 1) for registration of groups financing law suits to which they are not parties; 2) penalties for engaging in activities on behalf of one race which create or might create racial conflicts; 3) punishment under barratry laws; 4) that anyone bringing suit against state or local gov't. or official must file certain information. Three-judge statutory Ct. assigned to hear case after Feb.

Oliver W. Hill, Esq., 118 E. Leigh St. and Spottswood W. Robinson, 3d, Esq., 623 N. Third St., both of Richmond, Va.; Thurgood Marshall and Robert L. Carter, Esqs., N. A. A. C. P., 107 W. 43rd St., 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.) For facts, see II DOCKET 4. After hearing including issue of credibility of several Gov't. witnesses, S. A. C. B. Dec. 18, 1956 issued modified report and recommendation that CA DC affirm its 1953 order requiring Communist Party to register.
211.2. Brownell v. Jefferson School. (CA DC.) For facts, see II DOCKET 4. Def.-School ceased operations Dec. 1956.
211.3. Brownell v. Labor Youth League. (CA DC.)*
211.4. Brownell v. Natl. Council of American-Soviet Friendship. (CA DC.) For facts, see II DOCKET 5. Pending, awaiting decision in C. P. v. S. A. C. B. (211.1).
211.5. Brownell v. Civil Rights Congress. (SACB #106-53.)*
211.6. Brownell v. Washington Pension Union. (SACB #114-55.) For facts, see II DOCKET 5. Jan. 16, 1957: oral argument before full Bd. on recommended decision of Examiner Cain.
211.7. Brownell v. American Peace Crusade. (SACB #117-56.) For facts, see II DOCKET 5. Hearing Officer issued report recommending registration order. Exceptions being filed.
211.8. Brownell v. California Labor School in San Francisco. (SACB.)*
211.9. Brownell v. Am. Comm. for Protection of Foreign Born. (SACB.)*
212. 1954 Communist Control Act

212.1. Brownell v. Intl. Union of Mine, Mill & Smelter Workers. (S.A.C.B.) For facts, see II DOCKET 5. Feb. 4, 1957: hearing before S. A. C. B.
212.2. Brownell v. United Electrical, Radio & Machine Workers. (S.A.C.B.)*
213. State Laws

213.1. La. ex rel. Gremillion, Atty. Genl. v. Lewis, et al. and N. A. A. C. P. (formerly entitled La. ex rel. LeBlanc v. Lewis.) (La. Ct. of App., 1st Cir.) (90 So. 2d 884.) For facts, see II DOCKET 5. Ct. of App. held trial court did not have jurisdiction because there had been a formal application for removal to the Fedl. Ct., which has jurisdiction until it remands the case back to state cts.
213.2. Lewis, et al. & N. A. A. C. P. v. LeBlanc, Atty. Genl. (DC La.)*
213.3. N. A. A. C. P., a Corp. v. Eure, Secy. of State, et ano. (N. C. Sup. Ct., #449.) For facts, see II DOCKET 5. Jan. 1957: N. C. Sup. Ct. affirmed lower ct. ruling that there had been improper joinder of attacks on constitutionality of criminal and civil statutes in declaratory judgment action.
220. Listing
221. By the Attorney General of the United States
Law review note:

The Legal Status of the Attorney General's "List", 44 Calif. L. R. 748-761 (Oct. 1956.)


221.1. National Lawyers Guild v. Brownell. (Dept. of Justice.) For facts, see II DOCKET 5. Atty. Genl. Brownell denied Guild's motion to eliminate all interrogatories and that he answer cross-interrogatories, appointing Coddaire hearing officer to decide, on basis of briefs, whether Guild's motion for modification of some interrogatories should be granted. Pending.
221.2. Natl. Council of Am.-Soviet Friendship v. Brownell. (CA DC.) For facts, see II DOCKET 5. Heard and submitted.
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221.3. Assn. of Lithuanian Workers v. Brownell. (CA DC.) For facts, see II DOCKET 6. Dec. 3, 1956: heard and submitted.
221.4. Brownell v. Independent Socialist League. (Dept. of Justice.) For facts, see II DOCKET 6. Gov't. filed lengthy proposed findings of fact with Hearing Officer; Def. filed memo in opposition and its own proposed findings. Pending.
221.5. Brownell v. Californians for the Bill of Rights. (Dept. of Justice.)*
221.6. Brownell v. Natl. Council of Arts, Sciences and Professions. (Dept. of Justice.)*
222. By Congressional Committees
223. By State authorities

223.1. Luscomb v. Bowker, et al. (Suffolk Co. Ct.) (136 N. E. 2d 192.)*
223.2. Tormey v. Bowker, et al. (Suffolk Co. Ct.)*
ASSOCIATION: As affecting members (240-299)
240. Criminal Penalties for Membership
Annotation:

Supreme Court decisions involving membership in Communist Party, 100 Law Ed. 661-666.

241. Smith Act: conspiracy
Law review article:

Osmond K. Fraenkel, The Smith Act reconsidered, XVI Law. Guild Rev. 149-54 (Winter 1956).


241.1. Yates, et al. v. U. S. (U.S.S.C.)*
241.2. U. S. v. Mesarosh, et al. (DC Pa.) For facts, see II DOCKET 6 sub nomine Mesarosh v. U. S. Case awaiting trial in Dist. Ct. Defs. have been unable to secure counsel and have requested Ct. assistance.
241.3. Wellman, et al. v. U. S. (U.S.S.C.)*
241.4. Fujimoto, et al. v. U. S. (CA 9.)*
241.5. Huff, et al. v. U. S. (CA 9, #14320.)*
241.6. Sentner, et al. v. U. S. (CA 8.)*
241.7. Kusma, et al. v. U. S. (CA 3.)*
241.8. Bary, et al. v. U. S. (CA 10.)*
241.9. Brandt, et al. v. U. S. (CA 6.) (139 F. Supp. 349.)*
241.10. Silverman, et al. v. U. S. (CA 2.) For facts, see II DOCKET 7. Jan. 1957: appeal argued, with Defs. contending the Trial Ct. should have granted their motion to waive a jury trial because of their belief it was unlikely an impartial and fair-minded jury could be impaneled.

On appeal: Frank J. Donner, Esq., 342 Madison Ave., NYC; Thomas I. Emerson, Esq., 127 Wall St., New Haven; Joseph Mitchell Kaye and George F. Loman, Esqs., 1 Atlantic St., Stamford, Conn.
241.11. Charney, et al. v. U. S. (CA 2.)*
241.12. U. S. v. Russo, et al. (DC Mass.) For facts, see II DOCKET 7. On motion of Defs. further proceedings have been stayed pending decision by U. S. S. C. in Yates, 241.1. John J. O'Neill and Max Kabatznick, Esqs., 10 State St.; John R. Hally, Esq., 75 Federal St.; Alfred A. Albert, Esq., 68 Devonshire St., all of Boston; John Abt, Esq., 320 Broadway, NYC.
241.13. U. S. v. Mirabel, et al. (DC Puerto Rico.) For facts, see II DOCKET 7. Trial date: Feb. 11, 1957.
242. Smith Act: mere membership
Law review article:

Osmond K. Fraenkel, The Smith Act reconsidered, XVI Law. Guild Rev. 149-54 (Winter 1956).


242.1. Lightfoot v. U. S. (U.S.S.C.)*
242.2. Scales v. U. S. (U.S.S.C.)*
242.3. Blumberg v. U. S. (CA 3.)*
242.4. Noto v. U. S. (CA 2.)*
242.5. U. S. v. Weiss. (ND Ill. E.D.)*
242.6. U. S. v. Blum (DC Ind.)*
242.7. U. S. v. Russo. (DC Mass.)*
242.8. U. S. v. Hellman. (DC Mont.)*
243. 18 U.S.C. 2384
244. State laws
Law review note:

Sedition and the supremacy clause—pre-emption of state sedition laws, 70 Harv. L. R. 116-120 (Nov. 1956.)


244.1. Pennsylvania v. Dolsen. (Pa. Superior Ct.) For facts, see II DOCKET 7. Application to dismiss indictment denied without prejudice to renewal when full appeal is argued. Appeal heard and submitted.

Reuben Terris, Esq., 249 Garfield Pl., Brooklyn, N. Y. Hymen Schlesinger, Esq., 808 Renshaw Bldg., Pittsburgh, Pa.
244.2. Pennsylvania v. Onda. (Pa. Ct. of Com. Pleas.)*
244.3. Kentucky v. Anne Braden, et al. (Louisville Crim. Ct., Ky.) (291 SW 2d 843.) For facts, see II DOCKET 7. Indictments dismissed on Defs.' motion.
244.4. Alabama v. Rev. King, et al. (Ala. S. Ct.) For facts, see II DOCKET 7. Jan. 17, 1957: heard and submitted.
250. Civil Disabilities: Federal
251. Federal employment
Law review notes:

Peters v. Hobby (349 U. S. 331, 1955; I DOCKET 9, #220.2), 42 Cornell L. Q. 90-99 (Fall 1956.)

Cole v. Young (351 U. S. 536, 1956; I DOCKET 9, #220.6), Federal employee security program. Dismissals in the interest of national security, 70 Harv. L. Rev. 165-8 (Nov. 1956).

Cole v. Young. 8 Western Res. L. R. 98-103 (Dec., 1956).


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251.1. Leff, DuBerg and Willcox v. Evans (International Ct. of Justice, The Hague). For facts, see II DOCKET 7. Int'l. Ct. of Justice affirmed Administrative Tribunal in directing reinstatement or payment of indemnity to dismissed employees.
251.4. Service v. Dulles, et al. (U.S.S.C., #407.) For facts, see II DOCKET 8. Nov. 13, 1956: certiorari granted. To be argued after Feb. 25, 1957.
251.5. J. Duncan v. Summerfield, U.S. Postmaster. (DC DC; #4202/56.) Suit to compel reinstatement as postal carrier after dismissal on security grounds 2½ yrs. ago. After U.S.S.C. decision in Cole, I DOCKET 91, Atty. Genl. Brownell suggested Dep't heads only reinstate persons fired on security grounds within past 18 mths. Pl. was later completely cleared by Civil Service Comm. Will be reached for trial about June, 1958.

Byron N. Scott, Esq., 517 Wyatt Bldg., Washington, D.C.
251.6. A. Duncan v. Blattenberger, U. S. Public Printer. (DC DC, #4203/56.) Action by wife of Pl. in 251.5. Similar facts, issues and status.

Byron N. Scott, Esq., 517 Wyatt Bldg., Washington, D.C.
252. Deprivation of passport rights

252.1. Boudin v. Dulles. (106 F. Supp. 445.) For facts, see II DOCKET 8. Cite: 235 F. 2d 532.

Law review notes:

Administrative law: Denial of passport upon undisclosed information, 44 Calif. L. R. 579-84 (July 1956).
252.2. Dayton v. Dulles. (CA DC.) (237 F. 2d 43.) For facts, see II DOCKET 8. Dec. 21, 1956: Dist. Ct. sustained Def.'s motion for summary judgment and dismissed complaint, holding that right of confrontation exists only in criminal actions, not in administrative proceedings. Appeal pending.
252.3. Stewart v. Dulles. (CA DC.) Action to compel issuance of passport; issues substantially the same as Boudin (252.1; II DOCKET 8), except that Pl's affidavit denied Communist Party membership for 15 years and refused to answer as to period prior thereto. Pl's motions for temporary and permanent injunctions denied; Gov't's motion for summary judgment originally granted, but on argument in DC DC, Ct. denied motion and directed Def. to hold hearing on application. Both parties appealed. Jan. 14, 1957: heard and submitted.

Harry I. Rand, Esq., Wyatt Bldg., Washington, D. C.; Leonard B. Boudin, Esq., 25 Broad St., NYC.
252.4. Chodorov v. Dulles. (CA DC.) For facts see II DOCKET 8. CA remanded to State Department on authority of Boudin (252.1; II DOCKET 8) for proper findings under Regulations.
252.20. Robeson v. Dulles. (U.S.S.C.) For facts, see II DOCKET 8. Certiorari denied, Oct. Term 1956.
252.21. Kent v. Dulles. (CA DC.) For facts, see II DOCKET 8. After argument before 3-judge bench, Ct., sua sponte, ordered argument en banc.
252.22. Brichl v. Dulles. (CA DC.) For facts, see II DOCKET 8. After argument before 3-judge bench, Ct., sua sponte, ordered argument en banc.
252.23. Leff v. Dulles. (DC DC.)*
252.24. DuBerg v. Dulles. (DC DC.)*
253. Unfavorable Army discharges

253.1. Re Jensen. (U.S. Army.)*
253.3. Bernstein, et al. v. Lt. Gen. Herren. (U.S.S.C.) For facts, see II DOCKET 9. Cite: 352 U.S. 840. 3 Pls. received honorable separations and were retained in inactive reserve; 5 Pls. received undesirable discharges.
253.4. Harmon v. Stevens. (CA DC.) 137 F. Supp. 475.)*

Law review note:

Judical review of Army discharge procedures: 9 Stanford L. R. 170-182. (Dec. 1956.)
253.5. Marshall v. Brucker. (CA DC, #13567.) For facts, see II DOCKET 9. Pl. filed motion for extension of time in which to file brief until 25 days after decision in Harmon, 253.4. Pending.
253.6. Abramowitz v. Brucker. (CA DC.)*
253.7. Bland v. Hartman, et al. (CA 9, #15155.) For facts, see II DOCKET 9. Feb. 1, 1957: Heard and submitted.
254. Deprivation of veterans disability payments

254.1. Wellman v. Higley, Admr. Veterans Affairs. (DC DC, #3452-56.) For facts, see II DOCKET 9. Jan. 4: Bd. of Veterans Appeals refused to reconsider its decision against Pl. Ct. action going forward.
254.2. Thompson v. Veterans Admin. (VA Bd. of App.)*
255. Deprivation of Social Security rights
256. Deprivation of housing rights
257. Deprivation of Federal Licenses

257.1. In re Application of Lamb for Renewal of TV License. (Fedl. Comm. Comm., #11048, File BRCT-42.)*
257.2. In re Application of Lafferty for Renewal of Radio Operator's License. (Fedl. Comm. Comm.) For facts, see II DOCKET 9. Dec. 18, 1956: oral argument before FCC; decision pending.

Shirley Fingerhood, Esq., 655 Madison Ave., NYC; Lawrence Speiser, A.C.L.U. of N. Calif., 503 Market St., San Francisco.
258. Deportation proceedings

258.1. Rowoldt v. Perfetto. (U.S.S.C., #34.)*
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.)*
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261.2. Nagin v. Zurmuhlen. (NY Sup. Ct., App. Div.) For facts, see II DOCKET 10. Motion for reargument denied; appeal pending.
261.3. Hehir v. NYC Transit Authority, NY State Civil Commission, et ano. (N. Y. Sup. Ct., Kings Co.)*
261.4. In the Matter of Hamilton, Resp. v. Monahan, NYC Police Comm'r. (N.Y. Co. Sup. Ct.)*
261.5. Reif v. NYC Dept. of Hospitals. (NY State Civil Service Comm.) For facts, see II DOCKET 10. Nov. 14: Civil Service Comm. held hearing. Def.-City refused to provide Pl. with bill of particulars as originally ordered by Comm., and did not produce evidence re Pl.'s political beliefs. Decision awaited.
261.6. Aresco v. NYC Police Commr. Kennedy. (NY Co. Sup. Ct.) Suit by applicant for NYC Police Dept., charging Def. denied him appointment as city patrolman because his father had signed a nominating petition for a Communist candidate in 1940. Spring 1956: Justice Lynch ordered trial, holding this was "classic example" of "guilt by kinship, or guilt by descent". Jan. 1957: Justice McGivern ruled against Pl., found nothing "arbitrary or capricious" in Def's exercise of his "almost unlimited discretion" in appointments.
261.7. Crowe v. County of Wayne, Mich. (Wayne Co. Bd. of Auditors.) Pl. was discharged in 1953 from employment by Def.-Co. as bookkeeping operator for refusing to subscribe to non-Communist oath. Claim filed for unpaid salary, alleging discharge unlawful, oath improper and in violation of due process clause of 14th Amdt. Because of nature of discharge, Pl., unable to obtain other employment, claims $15,000.

G. Leslie Field, Esq., 415 Dime Bldg., and Harry Kobel, Esq., Penobscot Bldg., both of Detroit, Michigan.
261.8. Bryan, et al. v. Austin, Sup't of Schools, et al. (ED S.C., Charleston Div., #5792.) Under 1956 statute forbidding employment of N.A.A.C.P. members by any municipality, Co. school district, or state agency, Def.-school officials circularized questionnaire among teachers of Elloree Training School, a Negro school, asking: "Do you or do any members of your family belong to N.A.A.C.P.; do you support (money or attend meetings); do you favor integration in schools." Complaint asks final injunction preventing Defs. from refusing employment to Pls. solely because of membership in N.A.A.C.P., or because of attitude re segregation, alleging violation of freedom of speech and association, right to petition for redress of grievances and equal protection of the law. Oct. 22, 1956: heard and submitted to 3-judge ct.

Lincoln C. Jenkins, Esq., Columbia, S.C.; Thurgood Marshall, Esq., N.A.A.C.P., 107 W. 43rd, NYC.
262. Teaching.
And see 342.
263. Denial of State unemployment insurance rights

263.1. Syrek v. Calif. Unemployment Insurance Appeals Bd., et al. (Super. Ct., Alameda Co., Calif.) Writ of mandamus to compel Def. to pay unemployment insurance to Pet., discharged by private corporation when he refused to sign loyalty questionnaire. Calif. Dept. of Employment denied benefits on ground Pet.'s action was tantamount to voluntary quit without good cause. On appeal, referee found Pet.'s action tantamount to misconduct. On further appeal, Def. found Pet.'s refusal had rendered him unavailable for employment in "substantial portion of the potential labor market" and he had thus withdrawn from labor market. Action pending.

Lawrence Speiser, Esq., A.C.L.U. of N. Calif., 503 Market St., San Francisco.
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.) For facts, see II DOCKET 10. Cite: 352 U.S. 830.
265.2. Re Braverman. (DC Md.) For facts, see II DOCKET 10. Jan. 3, 1957: After hearing, Ct. ordered attorney disbarred from Maryland District Ct.
265.3. Florida v. Sheiner. (Fla. Sup. Ct.) For facts, see II DOCKET 10-11. In Mesarosh, 241.2, U.S.S.C. reversed conviction because witness in that case, Mazzei, had also testified in Sheiner and Gov't regarded that testimony as perjurious. Both parties moved before Fla. S. Ct. to take action based upon such acknowledged perjury. Jan. 14: Sup. Ct. vacated order of disbarment; ordered Mazzei's testimony stricken and case remanded to Cir. Ct. for consideration without such testimony and with right to both sides to introduce any additional testimony.

Law review article:

David L. Weissman, The proceedings to disbar Leo Sheiner: A story of judicial maladministration, with a portrait of informer Joseph D. Mazzei, XVI Law. Guild Rev. 137-148 (Winter 1956).
265.4. In re Schlesinger. (Sub-comm. of Comm. on Offenses of Allegheny Co., Common Pleas Ct., Pa.)*
265.5. In re Steinberg. (Sub-Comm. of Comm. on Offenses of Allegheny Co. Common Pleas Ct., Pa.)*
265.20. Schware v. Bd. of Bar Examiners of N. Mex. (U.S.S.C., #92.) For facts, see II DOCKET 11. Jan. 14: heard and submitted.
265.21. Konigsberg v. State Bar of California and Comm. of Bar Examiners. (U.S.S.C. #5.) For facts, see II DOCKET 11. Nov. 1956: U.S.S.C. granted motions of National Lawyers Guild and American Civil Liberties Union to file amicus briefs. Jan.: heard and submitted.
265.22. Patterson v. Oregon State Bd. of Bar Examiners. (Ore. Sup. Ct.)*
266. Deprivation of right to tax exemption

266.1. Speiser v. Randall and Foley. (Calif. Sup. Ct.)*
266.2. Prince v. City and Co. of San Francisco. (Calif. Sup. Ct.)*
266.3. Lehrer v. Hall. (Calif. Super. Ct., Marin Co.)*
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266.4. Bliss v. Quinn. (Calif. Super. Ct., Los Angeles Co.)*
267. Private employment—teaching.
And see 342.
268. Private employment—defense establishments

268.1. Parker, et al. v. Lester, et al. (227 F. 2d 708—1955; 235 F. 2d 787—1956.) For facts, see II DOCKET 11-12. Coast Guard did not petition U.S.S.C. for review of CA 9 decision; Ct.'s mandate went down; judgment entered for Pls. in Dist. Ct.

Law review note:

Eugene F. Waye, Amended regulations of the Coast Guard port security program, XXXII Notre Dame Lawyer 153-5 (Dec. 1956).
268.2. Kasik v. Richmond. (DC DC.) For facts, see II DOCKET 12. Action discontinued when Coast Guard granted validated seamen's papers to all seamen previously screened pursuant to Court order in Parker, 268.1 (II DOCKET 11).
268.3. Mulzac v. Richmond. (DC DC.) For facts, see II DOCKET 12. Status, same as Kasik, 268.2.
268.4. Hutchin v. Rohr Aircraft Co. (Calif. Super. Ct., San Diego.)*
268.5. Re: Dressler. (Industrial Personnel Security Hearing Bd., Chicago.) Without his knowledge, Pet.-installer for Wisconsin Telephone Co. was selected by Co. for security clearance by Dept. of Defense O.I.P.S.R. Feb. 1956: Screening Bd. refused favorable finding on ground of Pet.'s membership and activity in Socialist Workers Party, and Co. discharged Pet. July 1956: at hearing before Chi. Bd., Bd. refused to disclose "confidential information" in its files, or to present witnesses or testimony in support of its "statement of reasons". Hearing consisted of interrogation of Pet. by members of Bd., with Pet. invoking Fifth Amdt. Jan. 1957: Bd. decided against Pet.

M. Michael Essin, Esq., 623 North Second St., Milwaukee, Wis.
269. Private employment—other

269.1. Faulk v. AW ARE, Inc., et al. (NY., Sup. Ct., N.Y. Co.)*
269.2. Allen v. Local 1976, United Brotherhood of Carpenters. (Super. Ct., Los Angeles Co., #654,969.) For facts, see II DOCKET 12. At hearing, Pl. contended his expulsion from Def.-Union was based on hearsay evidence, with no right of cross-examination or confrontation, in violation of due process and contrary to Def.-Union by-laws; that it is against public policy to permit Union to expel member for giving aid and comfort to "communist front organization", Civil Rights Congress. Ct. ruled against Pl., held Union trial had been fair, and NLRB had exclusive jurisdiction over damages resulting from loss of employment due to lack of union membership. Motion for new trial pending.

Herbert W. Simmons, Jr., Esq., 315 W. Vernon Ave., and Abraham Gorenfeld, Esq., 510 S. Spring St., both of Los Angeles.
270. Criminal Penalties for Non-disclosure
271. Congressional Committees
Law review article:

M. Minnette Massey, Congressional investigations and individual liberties, 25 U. of Cincinnati L. R. 323-41 (Summer 1956).


271.1. U. S. v. Lamont. (CA 2.) For facts, see II DOCKET 12. Cite: 236 F. 2d 312.
271.2. U. S. v. Unger. (CA 2.) For facts, see II DOCKET 12. Cite: 236 F. 2d 312.
271.3. U. S. v. Shadowitz. (CA 2.) For facts, see II DOCKET 12. Cite: 236 F. 2d 312.
271.4. U. S. v. O'Connor. (CA DC.) For facts, see II DOCKET 12. Conviction reversed on ground that question put to witness was so vague it did not require an answer. Def. had been asked concerning his membership in "the Communist conspiracy."
271.5. U. S. v. Davis. (WD Mich.) For facts, see II DOCKET 12. Case tried by Ct. without jury; decision awaited.
271.6. U. S. v. Watson. (CA DC.) For facts, see II DOCKET 12. Def. convicted; sentence suspended, $1,000 fine. Appeal pending.

Leonard Boudin, Esq., 25 Broad St., NYC;

Philip Dorfman, Esq., 1604 Walnut, Philadelphia, Pa.
271.7. U. S. v. Barenblatt. (U.S.S.C.) For facts, see II DOCKET 12-13. Jan. 3: conviction affirmed. Petition for certiorari being filed.
271.8. U. S. v. Lorch. (SD Ohio, W. Div., #3185.)*
271.9. U. S. v. Russell. (CA DC, #13529.)*
271.10. U. S. v. Deutch. (CA DC.) Error in II DOCKET 13 re verdict. Def. convicted on 4 counts; $100 fine, suspended, and 90 days in jail. Appeal pending.
271.11. U. S. v. Sacher. (CA DC.) For facts, see II DOCKET 13. Jan. 3: conviction affirmed, Ct. overruling claim questions not pertinent and holding inquiry into possible conspiracy to subvert justice had valid legislative purpose.
271.12. U. S. v. Gojack. (CA DC.) For facts, see II DOCKET 13. Gov't motion that consideration of case be deferred until U.S.S.C. decision in Watkins, 271.14 pending.
271.13. U. S. v. Metcalf. (SD Ohio.)*
271.14. Watkins v. U. S. (U.S.S.C., #261.) (352 U. S. 822.)*

Amicus brief filed by Am. Civil Liberties Union, by Osmond K. Fraenkel, Esq., 120 Broadway, and Barlow Smith, Esq., 242 W. 71st, both of NYC.
271.15. U. S. v. Shelton. (DC DC.) Def.-NY Times copyreader invoked First Amdt. in refusing to answer questions re political affiliations before Sen. Internal Security subcomm. Jan. 18: in contempt trial, Def. proved he had been subpoenaed under writ originally issued for a different newspaperman named Shelton, and his name had later been substituted. Convicted; to be sentenced.

Joseph L. Rauh, Jr., Esq., 1631 K St., NW, Washington, D.C.
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271.16. U. S. v. Whitman. (DC DC.) Def.-NY Times copy editor invoked First Amdt. under circumstances similar to Shelton, 271.15. He admitted Communist Party membership in 1930's and early '40's, but declined to give names of others claiming violation of freedom of press in First Amdt. Trial date to be set.

Arnold, Fortas and Porter, Esqs., 1229 19 St. NW, Washington, D.C.
271.17. U. S. v. Knowles. (CA DC.) Def.-librarian of Quaker meeting declined to answer questions re political beliefs before Sen. Judiciary Comm. on grounds of lack of jurisdiction after Fund for Republic gave financial aid to library which hired Def. Jan. 7: convicted; $500 fine, 120 days in jail. Appeal pending.

Henry W. Sawyer, III, Esq., 117 So. 17th St., Philadelphia.
271.18. U. S. v. Peck. (DC DC.) Facts and issues similar to Shelton, 271.15. Pending.

Telford Taylor, Esq., 400 Madison Ave., NYC.
271.19. U. S. v. Price. (DC DC.) Facts and issues similar to Shelton, 271.15. Pending.

Harry I. Rand, Esq., Wyatt Bldg., Washington, D.C.
271.20. U. S. v. Liveright. (DC DC.) Facts and issues similar to Shelton, 271.15 Pending.

Harry I. Rand, Esq., Wyatt Bldg., Washington, D.C.
272. State Committees

272.1. Sweezy v. New Hampshire by Atty. Genl. Wyman. (U.S.S.C., #175.) (352 U. S. 812.)*
272.2. New Hampshire v. Uphaus. (N.H. Sup. Ct.)*
272.3. New Hampshire by Wyman v. DeGregory. (N.H. Sup. Ct., #4563.) Resp. committed to jail by Super. Ct. for Merrimack Co. for refusal to answer questions re political beliefs asked by Atty. Genl. Jan. 2: N.H. Sup. Ct. suspended committal order, pending disposition of Resp.'s exceptions re constitutionality of contempt statute. Feb. 5: hearing on merits before Sup. Ct.
273. Legal and administrative tribunals

273.1. U. S. v. Witkovich. (U.S.S.C.)*
273.2. U. S. v. Keller. (ND Ill., Ed., #55 CR 608.)*
273.3 non-crim.. Nukk, et al. v. Shaughnessy. (SD NY.)*
273.4 non-crim.. Sentner v. Colarelli. (U.S.S.C.) For facts, see II DOCKET 14. Gov't filed notice of appeal to U.S.S.C. Pl. filed notice of cross-appeal raising question of unconstitutionality of Sec. 242(d) of Walter-McCarran Act.
273.4. Kentucky v. Rhine. (Ky. Ct. of App.) Def. publicized as visitor at home of Wades (Negro family who purchased house of Bradens, which resulted in latter's prosecution on sedition charges). (See Braden. 244.3 and S. End Fed'l Svgs., 532.1.) Def. called before Grand Jury of Jefferson Co.; refused to answer questions re his association with Bradens, their co-Defs. or Communist Party. His refusal so to answer upheld by Judge Curtis in Cir. Ct. State appealing from ruling as abuse of discretion.

Robt. W. Zollinger, Esq., Realty Bldg., Louisville, Ky.
274. Refusal to produce records

274.1. Flaxer v. U. S. (U.S.S.C.)*
274.2. U. S. v. Baxter. (ED Mich., SD.)*
274.3. U. S. v. McPhaul. (DC Mich.) Def. subpoenaed as individual before House Un-American Activities Comm. in Feb. 1952. He was asked and refused to answer questions relating to possession of documents of Civil Rights Congress, but, when asked if he would produce the records, he replied he would not. Indicted for contempt and convicted, Ct. holding Gov't did not have to establish existence of the documents or their possession by Def. Sentence pending. Ernest Goodman, Esq., 3220 Cadillac Tower, Detroit.
280. Civil Penalties for Non-disclosure

280.1. Savelle and Nostrand v. U. of Wash., et al. (Thurston Co. Super. Ct.) For facts, see II DOCKET 14. Dec. 3: Trial Ct. held, orally, that sec. of Act requiring teachers to take oath of non-membership in organizations on U. S. Atty. Gen'l's list unconstitutional in that it constituted unlawful delegation of power without standards; title of Act unconstitutional because it did not designate that definitions of "subversive organizations" had been broadened. Def. has not yet filed any pleading challenging decision.
280.2. Pickus and Soglin v. Chicago Bd. of Education. (Ill. Sup. Ct.) For facts, see II DOCKET 14. Nov. 27: Sup. Ct. upheld constitutionality of Broyles law forbidding use of state funds to pay salaries of teachers and other public employees who refuse to sign oath.
280.4. Bd. of Higher Education v. Allen, Hughes, et al. (formerly entitled Hughes v. Bd. of Higher Education.) (Sup. Ct., Albany Co.) Proceeding under Art. 78 to set aside order of NY Commr. of Educ. that teachers may not be discharged for refusal to inform on other teachers. (See Adler, 280.3, II DOCKET 14.) Dec. 14: heard and submitted. Charles Brind, Esq., Education Bldg., Albany, NY, for State Commr. Osmond K. Fraenkel, Esq., 120 Broadway, NYC, for individual teachers.

Amicus brief by New York Civil Liberties Union, by Prof. Jack B. Weinstein, 122 E. 42nd, NYC.
280.5. Bd. of Education v. Allen, et al. (Sup. Ct., Albany Co.) Facts and issues similar to 280.4.

Charles Brind, Esq., Education Bldg., Albany, NY, for State Commr. Victor Rabinowitz, Esq., 25 Broad, and David Ashe, Esq., 305 Broadway, both of NYC, for individual teachers.

And see 262 and 267.
280.6. United Electrical, Radio & Machine Workers, Local 259 v. Worthington Corp. (CA 1.) (136 F. Supp. 31.) Def. discharged 2 employees for having caused tension and adverse publicity after being subpoenaed by House Comm. on Un-American Activities, one invoking Fifth Amdt., the other declining to testify. Arbitrator ordered employees reinstated with back pay. Upon Def.'s refusal to comply with award, action brought in Dist. Ct., which held it lacked jurisdiction and grievance should be determined by NLRB. CA 1 reversed and remanded for enforcement of award. Employees have been reinstated with full pay.

Allan R. Rosenberg, Esq., 10 Tremont St., Boston.
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290. Penalties for False Disclosure
291. Taft-Hartley oath (and see 203)
Law review note:

70 Harv. L. R. 383-5 (Dec. 1956.)


291.1. Jencks v. U. S. (U.S.S.C., #23.) For facts, see II DOCKET 14. Oct. 17, 1956: heard and submitted.
291.2. Gold v. U. S. (U.S.S.C., #137.) (352 U. S. 819.) For facts, see II DOCKET 15. Jan. 28: U.S.S.C. reversed and remanded for new trial because of FBI questioning of jurors re another case during their consideration of Gold.
291.3. Bryson v. U. S. (CA 9.)*
291.4. Travis v. U. S. (CA 10.)*

Nathan Witt, Esq., Box 156, NYC 23; Eugene Deikman, Esq., Ernest and Cranmer Bldg., Denver, Colo.
291.5. Lohman v. U. S. (CA 6.)*
291.6. U. S. v. Killian. (CA 7.) For facts, see II DOCKET 15. Dec. 3: Def. convicted; 5 yrs. on membership count, 3 yrs. on affiliation count, concurrent. Issues, inter alia: refusal of trial ct. to make available to Def. relevant parts of reports of paid informer witnesses and failure to instruct jury that testimony of such witnesses should be approached with caution and weighed with great care; refusal of ct. to grant judgment of acquittal on failure of Gov't to prove Def. filed affidavit or caused it to be filed.

Meyer and Rothstein, Esqs., 188 W. Randolph St., Chicago; M. Michael Essin, Esq., 623 N. Second St., Milwaukee.
291.7. U. S. v. Fred and Marie Haug. (ND Ohio ED.) Jan. 7: Defs.-former officials in United Electrical, Radio & Machine Workers indicted for falsely swearing to Taft-Hartley non-communist affidavit.

And see West, 291.20.
291.20. U. S. v. West, Haug, et al. (ND Ohio ED.) Jan. 23: 8 persons indicted for having conspired with Communist Party officials to file false Taft-Hartley non-communist affidavits. Only some of the 8 had themselves filed affidavits; others were allegedly Communist officials.

And see Haug, 291.7, and Travis, 203.3.
292. Government Security Questionnaires

292.1. U. S. v. McDaniel. (ED Wash., S. Div., #C-4519.)*
II. DUE PROCESS AND RELATED RIGHTS (FOURTH, FIFTH, SIXTH, SEVENTH, EIGHTH AND FOURTEENTH AMENDMENTS) (300-499)

Law review article:

Dual Sovereignty and the Federal Courts, 51 Northwestern U. L. Rev. 407-23 (Sept -Oct. 1956).

300. Searches and Seizures
Law review article:

Henry L. Rodgers, Search and seizure in Mississippi, XXVIII Mississippi Law Jour. 20-51 (Dec. 1956).

301. Wiretapping

301.3. Wirin v. Parker, L.A. Police Chief. (Calif. Sup. Ct.) For facts, see II DOCKET 15. Dec.: Sup. Ct. agreed to hear the case.
301.5. Costello v. U. S. (SD NY.) After winning Costello, 301.1 (II DOCKET 15), Pet. moved to set aside conviction for income tax evasion and for new trial. Issue: whether Gov't's evidence contaminated by use of wiretaps 1943-1954, and by monitoring of conversations between Pet. and 3 of his attorneys.

Edward Bennett Williams, Esq., NYC.
302. Other Federal cases

302.1. Hinton v. Eastland, et al. (DC DC, Civ. #1167-56.)*
303. Other State cases

303.1. Levy v. Grant, et al. (SD Calif.)*
303.2. Rynders v. Hilton, et al. (Calif. Super. Ct., Los Angeles.) For facts, see II DOCKET 16. Ct. awarded damages for illegal search and seizure and assault and battery.
303.3. Cheveres v. City of Oxnard. Super. Ct., Ventura Co., Calif.) Action for damages for injuries received when tear gas bombs were thrown by police into crowd attending a church bazaar. Decision awaited.

A. L. Wirin, Esq., 257 So. Spring St., Los Angeles and Jack Berkowitz, Esq., Oxnard, Calif.
310. Indictment
311. Composition of grand jury (see also 510)

271.17. U. S. v. Knowles. (CA DC.) For facts, see II DOCKET 39. Jan. 2: Trial Ct. denied Def.'s motion to dismiss on ground that 14 members of grand jury were U. S. Gov't employees.
312. Character of evidence
320. Double Jeopardy
321. Federal cases
330. Self-incrimination: Criminal Sanctions
Law review articles:

Charles H. Randall, Jr., Sir Edward Coke and the privilege against self-incrimination, 8 S. C. Law Quarterly 417-53 (Summer 1956).

Alfred C. Clapp, Privilege against self-incrimination (part of symposium on proposed uniform rules of evidence), 10 Rutgers L. R. 541-73 (Spring 1956).

331. Congressional Committees
Law review article:

Daniel H. Pollitt. Pleading the Fifth Amendment before a Congressional Committee: a study and explanation, XXXII Notre Dame Lawyer 43-84 (Dec. 1956).


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331.1. U. S. v. Hoag. (DC DC.) For facts, see II DOCKET 16. Error in listing counsel; correction:

Charles E. Ford, Esq., 401 Third St. NW, Washington, D.C.
331.2. U. S. v. Markinson. (DC DC.) Error in facts at II DOCKET 16. Correction: Def. acquitted of all counts of contempt before House Un-American Activities Comm. when Ct. granted motion for judgment non obstante veredicto.

Charles E. Ford, Esq., 401 Third St. NW, Washington, D.C.
331.3. Singer v. U. S. (CA DC.)*
331.4. McKenzie v. U. S. (CA 9.)*
331.5. Wollam v. U. S. (CA 9.)*
331.6. Simpson v. U. S. (CA 9.) For facts, see II DOCKET 16. Nov. 16: heard and submitted.
332. State Committees
333. Grand juries and tribunals
Law review notes:

Costello v. U. S., II DOCKET 15, #301.1: Indictments not subject to attack on evidentiary grounds, 55 Mich. L. R. 289-91.

The Grunewald Case: Problems of conspiracy and self-incrimination, 56 Col. L. R. 1216-27 (Dec. 1956).


333.1. Gordon v. U. S. (CA 2.) For facts, see II DOCKET 16. Cite: 236 F. 2d 916.
333.2. Brown v. U. S. (U.S.S.C.) For facts, see II DOCKET 16. U.S.S.C. granted petition for certiorari.
333.3. Phillips v. U. S. (CA 9.)*
333.4. Yates v. U. S. (U.S.S.C.)*

Law review note:

104 U. of Pa. L. R. 998-1000 (May 1956).
333.5. Bradley, et al. v. Jensen, et al. (N.Y., App. Div., 1st Dept.) In suit between two unions seeking accounting of union funds allegedly misappropriated, one of Defs. refused to answer questions in pre-trial examination relating to his possession of bankbooks, records and statements of one of the unions, claiming privilege against self-incrimination. App. Div. held privilege was properly pleaded since questions formed part of inquiry into the existence and possession of the very property which Defs. were accused of having misappropriated. Ct. held further that production of books may be enforced if Defs.' possession of them in representative capacity can be established through testimony of others.

Herman E. Cooper, Esq., 655 Madison Ave., NYC.
334. Grants of immunity: federal
Law review article:

O. John Rogge, Compelling the testimony of political deviants, 55 Mich. L. R. 163-200 (Dec. 1956).


334.1. Fitzgerald v. U. S. For facts, see II DOCKET 17. Cites: 235 F. 2d 453, 352 U. S. 842.

Law review notes and annotations:

Ullmann v. U. S., 350 U. S. 422, I DOCKET 16:

Validity and adequacy, as a matter of constitutional law, of federal statute granting immunity in lieu of privilege against self-incrimination, 100 L. Ed. 533-44 (U. S. Digest, Anno. Witnesses Secs. 84-7).

45 Georgetown L. Journal 113-20 (Fall 1956).

55 Mich. L. R. 291-3 (Nov. 1956).

70 Harv. L. R. 113-16 (Nov. 1956).
335. Grants of immunity: state

335.1. Morgan v. Ohio. (U.S.S.C., #206 Misc.)*
335.2. Ohio v. Jackson, et ano. (Ohio. Ct. of App.)*
335.3. Ohio v. Hupman, et al. (Ohio Ct. of App.)*
335.4. Raley, et al. v. Ohio. (U.S.S.C.)*
335.5. Ohio v. Slagle, et al. (Ohio Ct. of App.)*
335.6. Ohio v. Arnold, et al. (Ct. of App., 9th Dist., #4524-31.)*
340. Self-incrimination: Civil Sanctions
Law review note:

Civil liberties and the Fourteenth Amendment—Discharge for claim of privilege against self-incrimination, 70 Harv. L. R. 120-6 (Nov. 1956).

See cases at 253.

341. Army discharges.
And see 253.
342. Employment—Public teachers

342.1. Re: Slochower. (NY Bd. of Higher Education.) For facts, see II DOCKET 17. Jan. 21: Prof. suspended by Brooklyn College Pres. on charge of conduct unbecoming a member of staff, i.e., at Jan. hearing before Bd. "willfully and intentionally" refusing "to make full and fair disclosure of all the facts within his knowledge" and further refusing "to cooperate fully and to answer all proper questions." Bd. hearing date: to be set.
342.2. Daniman, et al. v. NYC Bd. of Educ.; Shlakman, et al. v. NYC Bd. of Higher Educ. (U.S.S.C., #385.) For facts, see II DOCKET 17. Dec. 17: U.S.S.C. denied motion for leave to file petition for rehearing; motion to dismiss granted; appeal dismissed for want of jurisdiction.
342.2a. Shlakman, et al. v. NY Bd. of Higher Educ. (Sup. Ct., Kings Co., NY.) Six Pls.-teachers field stipulation at time of dismissal in 1952 that, in lieu of full administrative and legal hearings thereon, they would be bound by decision in Slochower, 342.1. Jan. 24: hearing on interpretation of stipulation.
342.3. Laba, et al. v. Newark Bd. of Educ. (N.J. Sup. Ct., App. Div.) For facts, see II DOCKET 17. Dec. 17: both parties' motions heard and submitted. Pls. argued that, if new hearings conducted by Newark Bd. of Educ., they would result in "harassment and inquiries and inquisitions."

On appeal: John O. Bigelow, Esq., 744 Broad St., Newark.
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342.4. Mass v. San Francisco Bd. of Educ. (Cal. Sup. Ct.) For facts, see II DOCKET 17. Dec. 21: Sup. Ct. reversed judgment of discharge (4-3) held that Dilworth Act, requiring teachers to answer questions of Fedl. committees and other legislative bodies, was constitutional even in light of U.S. S.C. Slochower decision (342.1), but upheld Pl.-teacher's contention he was deprived of procedural due process required by Slochower decision in that trial ct. did not consider his reasons and justification for refusing to answer questions under privilege against self-incrimination. Carter, J., concurred but would have held Act unconstitutional as violation of free speech and due process.
342.5. Schuyten v. Contra Costa Bd. of Educ. (Calif. Dist. Ct. of App.) For facts, see II DOCKET 17, but slightly different from Mass, 342.4 in that questions were asked, not by Fedl. Comm., but by Calif. Un-American Activities Comm. Pending.
342.6. St. John v. Orange Coast College. (Calif. Sup. Ct.) For facts, see II DOCKET 18. Ct. of App. upheld constitutionality of Dilworth Act. Petition to Sup. Ct. to hear case pending.
342.7. Weiss v. Los Angeles Bd. of Educ. For facts, see II DOCKET 18. No appeal to be taken.
342.8. Stein v. Detroit Bd. of Educ. and City of Pet. (Wayne Co. Cir. Ct., #283894.) For facts, see II DOCKET 18. Case discontinued before trial on Pl.'s own motion.
343. Employment—Other public officers

343.1. Lerner v. Transit Authority. (NY Ct. of App.) For facts, see II DOCKET 18. Case argued in Ct. of App.; decision awaited.

Amicus brief filed by New York Civil Liberties Union, by David I. Shapiro, Esq., 350 Fifth Ave., Nanette Dembitz, Esq., 55 East End Ave., and Stephen C. Vladeck, Esq., 147 W. 42nd, all of NYC.
343.2. Hancock v. Burns. (Calif. Dist. Ct. of App., San Francisco.) For facts, see II DOCKET 18. Feb.: oral argument.
343.3. Globe and Nelson v. Los Angeles County. (Super. Ct., Calif., Los Angeles Co.) Action challenging dismissal of two social workers employed by Los Angeles for claiming Fifth Amdt. privilege at hearing before House Un-American Activities Comm. For first time in action challenging dismissal from Gov't employment, Super. Judge issued show cause order. Awaiting hearing.

William T. Pillsbury, Esq., 312 Kennebec Bldg., 141 W. Ocean Blvd., Long Beach, Calif., and A. L. Wirin, Esq., 257 So. Spring St., Los Angeles.
344. Employment—Private

344.1. United Electrical, Radio & Machine Workers of Am., et al. v. General Electric. For facts, see II DOCKET 18. Cites: 234 F. 2d 775, 352 U. S. 872.
344.2. Wilson, et al. v. Loew's, Inc., et al. (U.S.S.C., #552.) Suit by 23 Hollywood writers and actors against 5 motion picture cos. and their officials charging a "malicious" and unjustified agreement to blacklist them because 18 Pls. declined to answer questions before House Un-American Atcivities Comm. in 1951 and 1952 and 5 Defs. who were not called before Comm. were accused by other Comm. witnesses of being Communists. Damages claimed: $1,000,000 for loss of employment in movie industry, humiliation and anguish; $250,000 for jeopardizing opportunities elsewhere; $1,000,000 punitive damages. Los Angeles Super. Ct. held facts failed to show industry agreement was unjustified; Calif. Dist. Ct. of App. affirmed, holding no allegation of existing or prospective contract or business relationship. Jan. 21: U.S.S.C. granted certiorari.

Robert W. Kenny, Esq., 250 N. Hope St., and Ben Margolis, Esq., 112 W. 9th, both of Los Angeles.
344.3. Wilson v. Liberty Films, Inc., et al. (Los Angeles Co. Super. Co., #668887.) Suit filed Oct. 30, 1956 by Pl.-Hollywood scriptwriter charging $250,000 damages for Defs.' conspiracy to deny Pl. screen credit for writing movie script of "Friendly Persuasion" because "he has declined to clear himself of allegations of Communist activities or sympathies". Earlier, Writers Guild of America had ruled in arbitration hearing that Pl. was entitled to sole screenplay credit. Pending.

Margolis, McTernan and Branton, Esqs., 112 W. 9th St., Los Angeles.
345. Attorneys
346. Unemployment insurance

346.1. Kilpatrick v. Bureau of Unemployment Compensation. (Cuvahoga Co. Com. Pleas Ct., #669433.)*
350. Due Process
Law review articles:

Kenneth Culp Davis, The requirement of a trial-type hearing, 70 Harv. L. R. 193-280 (Dec. 1956).

Walter V. Schaefer, Federalism and State criminal procedure, 70 Harv. L. R. 1 (Nov. 1956).

Leon R. Yankwich, Legal implications of, and barriers to the right to know, 40 Marquette L. R. 3-37 (Summer 1956).

351. Delay in arraignment
352. Grand Jury procedures
353. Confessions

353.1. Fikes v. Alabama. (U.S.S.C.) Def.-Negro convicted of burglary and intent to rape; death sentence. Jan. 14: U.S.S.C. (6-3) reversed and remanded, Warren C.J., holding Def. "weak of will or mind" and "the circumstances of pressure applied against the power of [his] resistance [to get a confession] * * * deprived him of due process of law." Harlan, Reed and Burton, dissenting.
354. Unfair press releases
355. Perjured testimony

355.1. Salemi v. Denno. (U.S.S.C.) For facts, see II DOCKET 18. Dec. 10: certiorari denied.
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355.2. Landeros v. New Jersey. (DC NJ.)*
355.4. Sobell v. U. S. (CA 2.) (142 F. Supp. 515.) Dist. Ct. denied Def.'s motion under 28 U.S.C. 2255 to vacate sentence and conviction for conspiracy to commit espionage on grounds: (1) Gov't knowingly used perjured testimony; (2) Gov't suppressed evidence which would have helped Def. and impeached Gov't's case; (3) Gov't during hearing on motion in arrest of judgment made false representations to Ct. Gov't during trial used document and witness to prove Def. had been legally deported by Mexican Gov't whereas Def. contends he was in fact kidnapped by U. S. Gov't's agents without knowledge or consent of Mexican Gov't, which allegedly later protested this action. Other issues: whether removal of Def. violated extradition treaty between U. S. and Mexico and therefore deprived U. S. of power to try Def. Feb.: appeal to be argued.

Donner, Kinoy and Perlin, Esqs., 342 Madison Ave., NYC.
356. Courts martial
357. Naturalization proceedings
358. Denaturalization proceedings

358.1. Trop v. Dulles. (U.S.S.C.) For facts, see II DOCKET 19. Dec. 28: CA 2 affirmed denial of Pl.'s motion for summary judgment. Petition for certiorari pending.
358.2. Diaz-Estrata v. Press. (SD Calif.) For facts, see II DOCKET 19. Awaiting argument on Gov't's motion for summary judgment.
358.3. Matter of Bean. (Bd. of Immigration Appeals.)*
358.4. Zuskar v. U. S. (CA 7, #11718.) Order of Dist. Ct. enforcing Immigration Service subpoena of naturalized citizen as witness in denaturalization proceedings affirmed. Leo Berman, Esq., 69 W. Washington, and Leonard Karlin, Esq., 77 W. Washington, both of Chicago.
358.5. Budzileni v. U. S. (U.S.S.C., #689.) Order of Dist. Ct. enforcing Immigration Service subpoena of native-born citizen as witness in denaturalization proceedings affirmed by CA 7. Issues: (1) Are administrative functions of Service, including power to subpoena, exhausted with alien's naturalization under provisions of Immigration and Nationality Act of 1952? May Service exercise continuing jurisdiction to investigate naturalized citizens? (2) Whether judicial proceeding, brought under Sec. 235(a) of 1952 Act for enforcement of administrative subpoena, is de novo action requiring compliance with Federal Rules of Civil Procedure? May judicial order to compel witness to testify before Service be entered ex parte? Does Dist. Ct. in such proceeding obtain jurisdiction over person of Def. where there was no service of process? Petition for certiorari pending.

Philip S. Aimen, Esq., 100 N. LaSalle, and Pearl M. Hart, Esq., 30 N. LaSalle, both of Chicago.
358.6. Nishikawa v. Dulles. (U.S.S.C. #415.) Pet.-American-born citizen of Japanese descent was conscripted into Japanese army during World War II; under Walter-McCarran Act this automatically cancels his citizenship. Issues: can conscript in foreign army be said to have served voluntarily; constitutionality of statute. Nov. 13: U.S.S.C. granted certiorari. To be argued after March 25. A. L. Wirin and Fred Okrand, Esqs., 257 S. Spring St., Los Angeles.
358.7. Perez v. Brownell. (U.S.S.C. #572.) Pet.-American-born citizen of Mexican descent returned to Mexico with parents at age 10. Gov't alleges he deliberately remained out of U. S. to avoid U. S. military service during World War II and voted in Mexican elections, thus losing American citizenship. Nov. 13: U.S.S.C. granted certiorari. To be argued after March 25.

Fred Okrand, Esq., 257 S. Spring St., Los Angeles, and Salvatore C. J. Fusco, Esq., 400 Montgomery St., San Francisco.
359. Loyalty hearings
360. Speedy and Public Trial
Law review article:

Donald Oresman, Newspaper cameras and the courtroom, 18 U. of Pittsburgh L. R. 95-107 (Fall 1956).

370. Counsel
371. Federal cases

371.3. Tucker v. U. S. (CA 9.) (235 F. 2d 238.) Appeal from denial, without hearing, of writ of error coram nobis alleging Def.'s counsel failed to defend him properly in criminal case. On appeal, reversed and remanded for hearing on issue whether Ct.-appointed lawyer failed to cross-examine properly and whether, because of atty.'s former representation of chief prosecution witness, Def. was not denied constitutional right to counsel.

Forrest Silva Tucker, Alcatraz, Calif., in pro per.
372. State cases

372.1. Henderson v. Michigan. (CA 6.) For facts, see II DOCKET 20. Dist. Ct. denied writ; on appeal.
373. Indirect restrictions
Law review notes:

Recent trends curtailing the summary contempt power in the federal courts, 8 Hastings L. J. 57 (Nov. 1956).

Contempt power over attorneys, 70 Harv. L. R. 148-9 (Nov. 1956).


373.1. Re Gladstein. (DC Hawaii.)*
373.2. Re Bouslog. (CA 9, #15,109.) For facts, see II DOCKET 20. Dec. 18: heard and submitted.
373.3. Re Bouslog. (DC Hawaii, Misc. #649.) For facts, see II DOCKET 20. Held in abeyance pending 373.2.
373.4. Shibley v. U. S. (U.S.S.C.) (352 U. S. 873.) For facts, see II DOCKET 20. On conspiracy to steal transcript case: Nov. 19: U.S.S.C. denied petition for certiorari. Jan. 7: Dist. Ct. denied Def.'s motion for reduction of sentence of 3 yrs. On contempt of ct. case: Dist. Ct. sentenced Def. to 30 days in jail, time to run concurrently with jail sentence in conspiracy case.
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373.5. Matter of Schwarz. (DC DC, #Misc. 15-56.) Application of Commr. of Internal Revenue for enforcement of administrative summons denied on ground that information sought of attorney regarding collections made for client was protected by attorney-client relationship.
380. Confrontation
And see Dressler, 268.5.

And see Allen, 269.2.

Law review articles:

Bernard Schwartz, Estoppel and Crown privilege in English administrative law, 55 Mich. L. R. 27-66 (Nov. 1956) (also deals with American civil and criminal judicial aspects of problem).

Deportation and denaturalization—suspension of deportation, 70 Harv. L. R. 160-5 (Nov. 1956).

381. Criminal cases
382. Civil cases
390. Jury Trials (see also 510)

390.1. California v. Bentley. (Alameda Co. Ct., Calif., #59 App.) Def. convicted by jury on charge of obstructing sidewalks and refusing to move when ordered to do so by police officer. At trial, Dist. Atty. berated Def. for insisting on jury trial and questioned Def. as to whether he planned to bring false arrest suit against arresting officer if acquitted. When Def. answered in the affirmative, Dist. Atty. stated his testimony should be discredited because he hoped to get financial gain from experience. Super. Ct. reversed, held Trial Ct. erred in allowing Dist. Atty. to make these 2 statements because they denied Def.'s constitutional right to jury trial.

Lew M. Warden, Esq., 1007 Financial Center Bldg., Oakland, Calif.
400. Excessive Bail; Parole Conditions
401. Amount of bail
402. Conditions imposed
410. Cruel and Unusual Punishment
411. Criminal cases
Law review article and note:

Richard Z. Steinhaus, Treason, a brief history with some modern applications, 22 Brooklyn L. R. 254-277 (April 1956).

State criminal procedure—cost of criminal appeals, 70 Harv. L. R. 126-9 (Nov. 1956).


411.2. U. S. v. Green; U. S. v. Winston. (CA 2.) For facts, see II DOCKET 21. Jan. 17: heard and submitted.
412. Extradition

412.3. In re Willie Reid. (N.Y. Sup. Ct.) For facts, see II DOCKET 21. Ct. set aside Pet.'s Fla. conviction and 15-yr. sentence because Fla. cts. had failed to inform him of his right to counsel.
413. Civil cases
Law review article:

Kenneth Culp Davis, Administrative officers' tort liability, 55 Mich. L. R. 201-34 (Dec. 1956).


413.1. DeSilva v. TWA. (SD NY #99198.)*
490. Miscellaneous Due Process
Law review articles:

Kenneth Culp Davis, The requirement of a trial-type hearing, 70 Harv. L. R. 193-280 (Dec. 1956).

Louis H. Pollak, Proposals to curtail federal habeas corpus for state prisoners: collateral attack on the great writ, 66 Yale L. J. 50-68 (Nov. 1956).

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

500. Elections
501. Racial discrimination

501.1. Allen v. Clerk, Duchesne Co. (Utah Sup. Ct.)*
501.2. Ivy v. Cole, Registrar, Halifax Co. (ED N.C., Ral. Div., #969-Civ.) For facts, see II DOCKET 22. Ct. denied Def.'s motion to strike. Pending.
501.3. Harris v. Echols. (DC Ga.) Action instituted on behalf of several Negroes against Registrars of Pierce County, Ga. who had sought to disenfranchise Negroes under 1949 Act requiring Pets. and others to show cause why they should not be denied right to vote. Injunction granted restraining Registrars from so proceeding, but vacated when Defs. agreed to permit named Pets. to vote while striking from voting lists names of others similarly situated. Action dismissed when named Pets. permitted to vote.

Lewis L. Scott, Esq., 705 W. Broad St., Savannah, Ga.
502. Political discrimination

502.2. Mayhew v. Bd. of Elections. (Cir. Ct., Cook Co., Ill.)*
510. Juries