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CIVIL LIBERTIES DOCKET
Vol. II, No. 3
May, 1957
$5.00 per year

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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, Nos. 1 and 2 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 last description are listed below and marked with an*. Pending cases in which changes have occurred since the last issue will show the page references of the previous descriptions.

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

SPEECH AND PRESS (10-99) See also Association (200-299)
James Russell Wiggins, Freedom or Secrecy, Oxford Univ. Press (242 pp., $4.)

Am. Civil Liberties Union, Liberty Is Always Unfinished Business, 36th Annual Report—Jy. 1, 1955-June 30, 1956.

10. Licensing
11. Meetings
12. Motion Pictures

12.1. Times Film Corp. v. Chicago. (CA 7.)*
12.2. Kingsley Intl. Pictures Corp. v. N. Y. Bd. of Regents. (N.Y. Sup. Ct., Albany Co.) For facts, see II DOCKET 1. Heard and submitted.
12.3. In re Application of Excelsior Pictures Corp. v. Regents of University of New York State. (N.Y. Ct. of App.) For facts, see II DOCKET 31. Def.'s appeal heard and submitted in March.
13. Peddlers
14. Miscellaneous

14.1. Sunshine Book Co., et al. v. McCaffrey, NYC Comm'r of Licenses, et ano. (N.Y. Sup. Ct., App. Div., 1st Dept.)*
20. Administrative Restrictions
21. Customs

21.1. U. S. v. 31 Photographs, et al. (SD NY, #AD 189 50.) For facts, see II DOCKET 1. Motion for intervention by University of Indiana pending.
22. Post Office
23. Miscellaneous
Law review article:

Detlev F. Vagts, Free Speech in the Armed Forces, 57 Columbia L. Rev. 187-218 (Feb. 1957).


23.1. Daily Worker v. Moysey. (CA 2.)*
23.2. Walker v. Mayor D'Alesandro. (Md. Ct. of App.) (129 A. 2d 128.) For facts, see II DOCKET 1-2. Ct. of App. reversed, held Def.-Mayor had no implied power of censorship "as conservator of the peace", nor immunity from libel because of his office, and complaint was sustained.
23.3. Popular Library, et al. v. Pros. Atty. Hamm. (ED Mich., N. Div., Civ. #16075.)*
23.4. HMH Publishing Co., Inc. v. Pros. Atty. Hamm. (ED Mich., N. Div., Civ. #16095.)*
23.5. Random House and Bantam Books v. Detroit Police Commr. Piggins. (Wayne Co. Cir. Ct.) Def. ordered O'Hara's "10 North Frederick" withheld from sale in paper and cloth bound versions as obscene. April: Judge Weideman granted Pls.' petition for injunctive relief against Def.'s order and his threat to arrest book distributors.
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23.6. Sapriel, et ano. v. Beverly Hills, et al. (Calif. Super. Ct., Los Angeles Co., #671322.) Action to enjoin city authorities from interfering with display of nude statues in window of Pl.'s art shop. Def.-City claimed display violated ordinance against nude displays in public places. Pl. argued application of ordinance violated freedom of artistic expression. Ct. granted preliminary injunction; held ordinance does not apply to statues. Pre-trial: May 13.

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

Amicus brief filed by Am. Civil Liberties Union, by Stanley Fleishman, Esq., 174 N. Ivar St., Los Angeles.

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

42.1. Nies, In Matter of. (Sup. Ct. Colo., #18034.) Resp.-pastor wrote letter to Chief Justice of Colorado Sup. Ct. charging that some decision of that Ct. had abrogated the will of the people as expressed in municipal gas-operation election and they were now awaiting outcome of another lawsuit re the same matter to see if Ct. "will again serve the 'company' or the People." Cited for contempt, he apologized for language used; found guilty, fined $50.00. Resp. argues he was exercising right of free speech in criticism of Judiciary. Ct. granted rehearing. Pending. Cover Mendenhall, Esq., Rocky Ford Natl. Bank Bldg., Rocky Ford, Colo.
43. Other agencies
50. Criminal Sanctions
51. Disorderly conduct
52. Obscenity (see also 12)

52.1. Butler v. Michigan. (U.S.S.C.) (77 S. Ct. 524.) For facts, see II DOCKET 2. U.S.S.C. reversed conviction. State statute making it a misdemeanor to print, publish, sell, etc., lewd literature "tending to the corruption of morals of youth" held violation of due process clause of 14th Amdt. as "reducing the adult population of Michigan to reading only what is fit for children."
52.2. Alberts v. California. (U.S.S.C., #61.) For facts, see II DOCKET 2. Argued April 22; decision reserved.
52.3. Roth v. U. S. (U.S.S.C., #258.) Prosecution for mailing obscene matter in violation of Fed'l statute. Def. convicted in Dist. Ct.; CA 2 aff'd, with concurring opinion by Frank, J., which raised constitutional issues. Pet. for cert. granted. Argued week of April 22.

David V. Albrecht, Esq., 285 Madison Ave.; David P. Siegel, Esq., 11 W. 42nd; O. John Rogge, Esq., 401 Broadway, all of NYC.

52.4. St. Louis v. Molasky. (Ct. of Crim. Correction.) Def.-newsdealer found guilty in City Ct. of violating city ordinance prohibiting sale or exhibition to minors of comic books containing accounts of crime which are so worded or illustrated as to tend to incite minors to crime; fined $100. On appeal, case dismissed.

Morris Shenker, Esq., 418 Olive St., St. Louis, Mo.

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, 32. Defs.' motion for validation of counsel's passport for China denied. Defs. granted more time in which to obtain detailed statements of contents of proposed deposition to be made by witnesses from Chinese mainland.
55. Picketing

55.1. People of New York v. Carcel and Collazo. (N.Y. Ct. of App.) For facts, see II DOCKET 2, 32. To be argued in May Term.
56. "Corrupt Practices"

56.1. U. S. v. UAW-CIO. (U.S.S.C.) (77 S. Ct. 529.) (138 F. Supp. 53.) For facts, see II DOCKET 2. U.S.S.C., per Frankfurter, J., held Dist. Ct. committed error in dismissing indictment; remanded for trial on merits so "factual setting" could "sharpen the deliberative process especially demanded for constitutional decision". Douglas, J. (Warren, C.J., Black, J.) strongly dissented: since "The people determine through their votes the destiny of the nation" it is "vitally important—that all channels of communication be open to them during every election, * * * and that the people have access to the views of every group in the community. * * * Until today political speech has never been considered a crime. The making of a political speech up to now has always been one of the preferred rights protected by the First Amendment."
57. Miscellaneous

57.1. People of New York ex rel. Hearn v. Muste, et al. (Spec. Sess., App. Term, NY Co.) For facts, see II DOCKET 2. To be argued with Peck, 57.2, in May Term.
57.2. People of New York v. Peck, et al. (Spec. Sess., App. Term, NY Co.) For facts, see II DOCKET 2-3, 32. To be argued with Muste, 57.1, in May Term.
57.3. People of New York v. Panagakos. (NY Ct. of App.)*
57.4. People of California v. Aykens and Wallace. (App. Dept., Super. Ct., San Mateo, #AD 45.) For facts, see II DOCKET 3. Argued April 25; decision reserved.
57.5. U. S. v. Roumanian-American Pub. Co. (DC DC.) For facts, see II DOCKET 33. Motion to dismiss pending.
60. Civil Sanctions
61. Defamation
62. Injunctions in labor disputes
63. Other injunctions
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90. Miscellaneous

90.1. Meetse v. Associated Press. (S.C. Sup. Ct.) (95 S.E. 2d 606.) Pls.-parents sued newspaper for publicity given to birth of child to wife, aged 12. S.C. Sup. Ct. reiterated recognition that cause of action could exist for invasion of right of privacy, but held for Def. because birth of child to one so young was matter of legitimate public interest and article did not invade right of privacy.
FREEDOM OF RELIGION (100-199)
110. Separation of Church and State
Case note on

Carden v. Bland, I DOCKET 69, #30.10, in 55 Mich. L. Rev. 715-17 (Mar. 1957).


110.1. In re Application of Lewis and Klein v. N. Y. State Commr. of Education. (N.Y. Sup. Ct., Albany.) For facts, see II DOCKET 33. Petition denied on merits. Appeal pending.
110.2. Wooley v. Spalding, Supt. Schools, Marion Co. (Ky. Ct. of App.) (293 SW 2d 563.) Taypayer's action against school board for discrimination against Protestant area of county in favor of Catholic area in expenditure of school funds and to compel discontinuance of religious practices in public schools. Ct. of App. reversed lower Ct., granting injunction, finding that high school in Protestant area had been discontinued, many evidences of support of Catholic activities by board. Ct. ordered: re-establishment of high school in Protestant area with courses comparable to other high schools; discontinuance of expenditure of public school funds for secular or religious purposes; banning of sectarian periodicals in school libraries; discontinuance of practice of not operating public school buses on religious holidays.

John C. Anggelis and Jesse K. Lewis, Esqs., Lexington, Ky.

110.3. Rawlings v. Butler. (Ky. Ct. of App.) (290 SW 2d 801.) Action to restrain Bds. of Educ. of several counties from permitting nuns to teach in public schools dressed in religious garb, because this introduced religion into public school education. Ct. affirmed dismissal of complaint holding denial of nuns' right to teach, when they are admittedly qualified teachers, would be denial of equal protection. Ct. distinguished bus transportation for parochial pupils, McCollum, 333 U. S. 203, relied on Zorach, 343 U. S. 306, "released time" case.

Eugene Siler, Esq., Williamsburg, Ky. and S. Arnold Lynch, Esq., Louisville, Ky. for American Civil Liberties Union.

110.4. Squires, et al. v. City of Augusta, et al. (Sup. Ct. Me., Kennebec Co., #2685). Action by taxpayers to restrain city authorities from expending funds which had been appropriated by City Council to provide public bus transportation for pupils in parochial schools. April 18: hearing on application for preliminary injunction.

Ernest L. Goodspeed, Jr., Richard B. Sanborn and Charles A. Pierce, Esqs., all of Augusta, Maine.

120. Pacifists and Conscientious Objectors

120.1. U. S. v. Eichel. (ED NY.) For facts, see II DOCKET 33. Appeal abandoned; Def. serving term.
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. (Calif. Dist. Ct. of App.). For facts, see II DOCKET 3. Heard and submitted.
130.6. Washington Ethical Society v. District of Columbia. (CA DC, #13646.) Appeal pending from D.C. Tax Ct. ruling denying tax exemption to Pl. on ground that it does not have as one of its tenets a belief in a deity.

John Lord O'Brian and Charles A. Horsky, Esqs., 701 Union Trust Bldg., Bernard Nordlinger, Esq., 419 Southern Bldg., Yale Kamisar, Esq., 701 Union Trust Bldg., all of Washington, D.C.

140. Miscellaneous Restrictions

140.1. Rev. Dawkins v. Station KGFJ. (Calif. Super. Ct., Los Angeles Co.)*
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

203.3. U. S. v. Pessati, et al. (formerly listed as U. S. v. Travis, et al.) (DC Colo.) For facts, see II DOCKET 33. Feb. 11: motions addressed to indictments heard and submitted.

And see West, 291.20.

204. Continued existence

204.1. Alabama ex rel. Atty. Genl. Patterson v. N.A.A.C.P. (U.S.S.C.) (91 So. 2d 214, 220, 221.) For facts, see II DOCKET 4, 33. Mar. 20: petition for certiorari filed.
204.2. Texas v. N.A.A.C.P., and N.A.A.C.P. Legal Defense & Educational Fund, Inc. (Tex. 7th and 11th Jud. Dist. Cts, #56-649.) For facts, see II DOCKET 4, 34. Mar. 4: Defs.' plea to the privilege (jurisdictional plea) denied. Apr. 29: trial on merits.
204.3. Williams, Ga. Revenue Commr. v. N.A.A.C.P., et al. (Fulton Super. Ct., Atlanta Jud. Cir., #A-58654.) For facts, see II DOCKET 34. Appeal being perfected from Ct.'s conviction of one Def., fine of N.A.A.C.P. and denial of Def.'s motion to dismiss action.
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204.4. N.A.A.C.P., Va. Conference of 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, 2436.) For facts, see II DOCKET 34. Apr. 11: 3-judge Ct. denied Defs.' motion to dismiss for lack of jurisdiction. June 26: trial on merits.

And see N.A.A.C.P., 272.4.

210. Compulsory Registration
211. 1950 Internal Security Act

211.1. Communist Party of U. S. v. Subversive Activities Control Bd. (CA DC.) For facts, see II DOCKET 4, 34. May 27: argument in Ct. of App. on SACB recommendation that CA affirm SACB 1953 registration order.
211.3. Brownell v. Labor Youth League. (CA DC.)*
211.4. Brownell v. Nat'l Council of American-Soviet Friendship. (CA DC.)*
211.5. Brownell v. Civil Rights Congress. (SACB #106-53.)*
211.6. Brownell v. Washington Pension Union. (SACB #114-55.)*
211.7. Brownell v. American Peace Crusade. (SACB #117-56.)*
211.8. Brownell v. California Labor School in San Francisco. (SACB.) For facts, see II DOCKET 5. Examiner issued adverse report. To be appealed.
211.9. Brownell v. Amer. Comm. for Protection of Foreign Born. (SACB.)*
212. 1954 Communist Control Act

212.1. Brownell v. Intl. Union of Mine, Mill & Smelter Workers. (SACB.)*
212.2. Brownell v. United Electrical, Radio & Machine Workers. (SACB.)*
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.)*
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, 34. Pl. non-suited.
220. Listing
221. By the Attorney General of the United States

221.1. National Lawyers Guild v. Brownell. (Dept. of Justice.) For facts, see II DOCKET 5, 34. Apr. 22: Pl.'s motion heard by H'g Officer Coddaire, decision reserved.
221.2. Natl. Council of Am.-Soviet Friendship v. Brownell. (CA DC.) For facts, see II DOCKET 5, 34. Feb. 28: CA affirmed dismissal of action for failure to exhaust administrative remedies.
221.3. Assn. of Lithuanian Workers v. Brownell. (CA DC.)*
221.4. Brownell v. Independent Socialist League. (Dept. of Justice.)*
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.) For facts, see II DOCKET 6. Apr. 22: hearing to determine sufficiency of answers to Gov't's interrogatories.
222. By Congressional Committees
Case notes on

Methodist Fed. for Social Action v. Eastland, I DOCKET 90, #162.1:

25 Fordham L. Rev. 741-4 (Winter 1956-57).

70 Harv. L. Rev. 723-27 (Feb. 1957).

223. By State authorities

223.1. Luscomb v. Bowker, et al. (Suffolk Co. Ct.)*
223.2. Tormey v. Bowker, et al. (Suffolk Co. Ct.)*
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.)*
241.2. Mesarosh, et al v. U. S. (DC Pa.)*
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.)*
241.10. Silverman, et al. v. U. S. (CA 2.)*
241.11. Jackson, et al. v. U. S. (formerly listed as Charney, et al. v. U. S.) (CA 2.)*
241.12. U. S. v. Russo, et al. (DC Mass.) For facts, see II DOCKET 7, 35. Provisional trial date: Sept. 17.
241.13. U. S. v. Mirabel, et al. (DC Puerto Rico.) For facts, see II DOCKET 7. Trial has been adjourned without day.
242. Smith Act: mere membership

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.)*
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242.5. U. S. v. Weiss. (ND Ill. E.D.)*
242.6. U. S. v. Blum. (SD Ind.) For facts, see II DOCKET 7. Court-appointed counsel won motion to have case continued pending U.S.S.C. decisions in 242.1 and .2.

Palmer K. Ward, Esq., 318 Insurance Bldg., and Rufus Kuykendall, Esq., Walker Bldg., both of Indianapolis.

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 article:

Alan Reeve Hunt, State Control of Sedition: The Smith Act as the Supreme Law of the Land, 41 Minn. L. Rev. 287-332 (Feb. 1957).

Case notes on

Pennsylvania v. Nelson, 350 U. S. 497:

30 So. Calif. L. Rev. 101-7 (Dec. 1956).

25 Fordham L. Rev. 522-26 (Autumn 1956).

4 U.C.L.A. L. Rev. 118-21 (Dec. 1956).


244.1. Pennsylvania v. Dolsen. (Pa. Super. Ct.)*
244.2. Pennsylvania v. Onda. (Pa. Ct. of Common Pleas.)*
244.4. Alabama v. Rev. King, et al. (Ala. S. Ct.)*
244.5. Louisiana v. G. and J. Jenkins. (Crim. Dist. Ct., Orleans Parish, #156-434Y, #156-430A; Crim. Dist. Ct., Baton Rouge Parish.) Husband and wife arrested on informations in 2 parishes, charged under state Criminal Anarchy statute with teaching proscribed doctrines and membership in proscribed political organization; and under state Anti-Subversive statute (1952) with membership in and contributions to proscribed political organization and failure to register as members thereof. Penalties: 10 yrs.; 20 yrs. Bail, originally $15,000 in one parish, reduced to $7,000 for each Def. Pending bail, Def.-husband, patient in TB ward, shackled to hospital bed. Issues: supercession (Nelson decision); First Amdt. rights; under 1952 statute, can Atty. Genl. proceed by information, or must it be by indictment by grand jury; did Dist. Atty. bring charges within 1 yr. from date he acquired knowledge of offense, as required by 1952 act. Apr. 29: arraignment.

Simmie R. Monroe, Esq., 105 Hector Ave., Metarie, La.

250. Civil Disabilities: Federal
251. Federal employment
Book:

Report of the Special Comm. on the Federal Loyalty-Security Program of the Assn. of the Bar of the City of New York, Dodd Mead & Co. (301 pp., $5.00, 1956).

Law review article:

Leo Albert Huard, The Federal Loyalty-Security Program as Seen by the New York City Bar Assn., 45 Georgetown Law J. 223-231 (Winter 1956-57).

Case note on

Cole v. Young, 351 U. S. 536:

30 Temple L. Q. 208-11 (Winter 1957).


251.4. Service v. Dulles, et al. (U.S.S.C., #407.) (352 U. S. 905.)*
251.5. J. Duncan v. Summerfield, U. S. Postmaster. (CA DC.) For facts, see II DOCKET 36. Dist. Ct. granted Def.'s motion for summary judgment on ground of laches; appeal pending.
251.6. A. Duncan v. Blattenberger, U. S. Public Printer. (DC DC, #4203/56.)*
251.7. Tucker v. Brucker. (CA DC.) Employee discharged from non-sensitive position as security risk sued for reinstatement more than 18 mths. later. D. Ct. dismissed complaint on ground 18 mth. statutory limitation period applied, even tho Pl. claimed Cole v. Young (351 U. S. 536) had been pending during the delay. Appeal pending.

David I. Shapiro, Esq., 350 Fifth Ave., NYC.

251.8. Bernabei v. Summerfield. (CA DC.) Facts, issues, and status similar to Tucker, 251.7, except that Pl. asserted right to appeal under Veterans Preference Act. Appeal pending.

David I. Shapiro, Esq., 350 Fifth Ave., NYC.

251.9. Vitarelli v. Seaton. (DC DC.) In action for reinstatement, Def. admitted discharge invalid, but urged that Federal Executive Branch had authority to remove summarily without cause because Pl. employed in non-competitive Civil Service job. DC granted motion for summary judgment dismissing complaint.

Clifford J. Hynning, Esq., 1821 Jefferson Pl. NW, Washington, D.C.

251.10. Coleman v. Brucker. (DC DC.) Action by 8 civilian employees of Gov't at Fort Monmouth discharged at time of McCarthy investigation, challenging constitutionality of Gov't security program primarily on grounds of due process. Amended complaint filed; answer awaited.

Arnold, Fortas & Porter, Esqs., 1229 19th St. NW, Washington, D.C.; Harry Green and Gordon N. Litwin, Esqs., 22 13th Ave., Newark, N. J.

252. Deprivation of passport rights

252.2. Dayton v. Dulles. (CA DC.)*
252.3. Stewart v. Dulles. (CA DC.)*
252.4. Chodorov v. Dulles. (CA DC.)*
252.20. Robeson v. Dulles. For facts, see II DOCKET 8, 36. Cite: 352 U. S. 895.
252.21. Kent v. Dulles. (CA DC.) For facts, see II DOCKET 8, 36. Argument en banc held; decision reserved.
252.22. Briehl v. Dulles. (CA DC.) For facts, see II DOCKET 8, 36. Argument en banc held; decision reserved.
252.23. Leff v. Dulles. (DC DC.)*
252.24. DuBerg v. Dulles. (DC DC.)*
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253. Unfavorable Army discharges
Law review note:

Judicial review of discharge classifications determined in military administrative proceedings, 70 Harv. L. Rev. 533-45 (Jan. 1957).


253.1. Re Jensen. (U.S. Army.) *
253.4. Harmon v. Stevens. (U.S.S.C.) For facts, see II DOCKET 9. CA DC (2-1) held Pl.'s constitutional rights had not been infringed; U.S. cts. had no authority to review exercise of discretion by Army in granting undesirable discharge. Petition for certiorari filed.
253.5. Marshall v. Brucker. (CA DC.) *
253.6. Abramowitz v. Brucker. (U.S.S.C.) For facts, see II DOCKET 9. Apr. 26: CA DC affirmed dismissal of action, following Harmon, 253.4 Petition for certiorari filed.
253.7. Bland v. Hartman, et al. (CA 9, #15155.) *
253.8. Michaelson v. Herren. (CA 2.) Pl., given undesirable discharge, moved for temporary injunction on ground that administrative hearings violated due process. Dist. Ct. dismissed complaint; CA affirmed: (1) because Pl. failed to exhaust administrative remedies; (2) because Ct. had no jurisdiction to review military discharges and allegations of lack of due process were legal conclusions.

Gene A. Condon, Esq., 225 Broadway, NYC.

254. Deprivation of veterans disability payments

254.1. Wellman v. Higley, Admr. Veterans Affairs. (DC DC, #3452-56.) For facts, see II DOCKET 9, 36. Summary judgment motion pending.
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.) *
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
Pamphlet:

"The Case Against the New York State Security Risk Law," N. Y. Civil Liberties Union, Jan. 1957.


261.1. Wilkins v. Carlander, et al. (Super. Ct., Kings Co., #490844.) *
261.2. Nagin v. Zurmuhlen. (N.Y. Sup. Ct., N. Y. Co.) *
261.3. Hehir v. NYC Transit Authority, NY State Civil Service 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.) For facts, see II DOCKET 10. Parties entered into stipulation clearing Resp. of all charges. Since Resp. is now in NYC Fire Dept., case seeking appointment to NYC Police Dept. withdrawn.
261.5. Reif v. NYC Dept. of Hospitals. (NY State Civil Service Comm.) *
261.7. Crowe v. County of Wayne, Mich. (Cir. Ct. Wayne Co.) For facts, see II DOCKET 37. Mar. 28: Bd. of Wayne Co. Auditors, on recommendation of Pros. Atty., denied Pl.'s claim. Appeal pending.
261.8. Bryan, et al. v. Austin, Sup't of Schools, et al. (U.S.S.C.) For facts, see II DOCKET 37. Jan. 23: 3-judge statutory ct. split in decision 3 ways: 1) Ct. had jurisdiction; state statute unconstitutional; 2) Ct. had jurisdiction; statute constitutional; 3) Ct. should not exercise jurisdiction, should remand to state ct. for construction of statute. Apr. 22: appeal filed in U.S.S.C.
261.9. Wolstenholme v. Oakland Library Bd. (Alameda Co. Super. Ct.) Pl.-librarian suing for reinstatement after discharge for refusal to answer questions by Def.-Bd. re Communist Party affiliation prior to Sept. 10, 1948 (date set forth in Luckel Act, authorizing such questioning.) Ct. dismissed action, held pendency of Steinmetz (I DOCKET 20, 97, #460.5) insufficient reason for 18 mth. delay in bringing action. Appeal filed Apr. 2.
262. Teaching
"Academic Freedom and Civil Liberties of Students", Am. Civil Liberties Union, 170 Fifth Ave., NYC, Aug. 1956. 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.) For facts, see II DOCKET 37. Ct. denied Def.'s motion to remand case back to Def. agency. April 18: heard and submitted to Ct.
263.2. Re Albertson. (NY Unemp. Ins. Referee.) Appeal from denial of unemployment insurance benefit claim based on ruling by State Industrial Comm'r Lubin that employment by Communist Party does not count toward employment base. Mar. 26: decision reserved.

Stephen C. Vladeck, Esq., 147 W. 42nd, NYC, for claimant; John J. Abt, Esq., 320 Broadway, for Communist Party.

264. Denial of State licenses
265. Proceedings against attorneys and Bar applicants

265.3. Florida v. Sheiner. (Fla. Cir. Ct.) For facts, see II DOCKET 10, 11 and 37. Disbarment proceeding reconsidered
- 55 -

by trial ct. without previous testimony of Gov't witness Mazzei, which had been ordered stricken on application to Fla. Sup. Ct. Upon reconsideration, disbarment proceeding dismissed. State has filed appeal.
265.4. In re Schlessinger. (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.) (352 U. S. 821.) *
265.21. Konigsberg v. State Bar of California and Comm. of Bar Examiners. (U.S.S.C.) *
265.22. Patterson v. Oregon State Bd. of Bar Examiners. (U.S.S.C.) For facts, see II DOCKET 11. Petition for writ of certiorari filed by Am. Civil Liberties Union pending.
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.) *
266.4. Bliss v. Quinn. (Calif. Super. Ct., Los Angeles Co) *
267. Private employment—teaching
And see 262.
268. Private employment—defense establishments
Law review note:

Constitutional law—due process—Amended regulations of the Coast Guard port security program, 32 Notre Dame Lawyer 153-55 (Dec. 1956).


268.1. Parker, et al. v. Lester, et al. (ND Calif.) For facts, see II DOCKET 11-12, 38. Coast Guard regulations now provide that, on failure of seamen to submit replies to Coast Guard questionnaires re political beliefs, etc., notice of hearing on charges may be issued. Motions to enjoin unions from discriminating against screened seamen and to amend complaint so as to recover damages under Tort Claims Act now pending.
268.3a. Dupree v. U. S. (CA 3.) Action for damages by employee improperly screened under invalid Coast Guard regulations. (See I DOCKET 92 for unsuccessful Ct. of Claims action.) DC dismissed complaint. Appeal heard and submitted.

William J. Woolston, Esq., 2015 Land Title Bldg., Philadelphia, Pa.

268.4. Hutchin v. Rohr Aircraft Co. (Calif. Super. Ct., San Diego.) For facts, see II DOCKET 12. Case settled.
268.6. Greene v. Wilson. (DC DC.) Action attacking Gov't industrial security program by industrial employer denied clearance, with resulting damages. DC granted motion for summary judgment dismissing complaint.
268.7. Kreznar v. Wilson. (DC DC.) Action challenging application of Gov't industrial personnel security program to non-sensitive positions with no authorized access to security information. Issues raised as to constitutionality of regulations and procedure thereunder. Pending.

Gerhard P. Van Arkel, Esq., 1701 K St. NW, Washington, D.C. and David I. Shapiro, Esq., 350 5th Ave., NYC.

269. Private employment—other

269.1. Faulk v. AW ARE, Inc., et al. (N.Y. Sup. Ct., App. Div.) For facts, see II DOCKET 12. Feb. 20: App. Div. affirmed Sup. Ct. decision that Pl. had set forth a good cause of action and dismissal of Def.'s defenses.
269.2. Allen v. Local 1976, Carpenters Union—AFL-CIO. (Los Angeles Co. Ct.) *
270. Criminal Penalties for Non-disclosure
271. Congressional Committees
Law review note:

The power of Congress to investigate and to compel testimony, 70 Harv. L. Rev. 671-85 (Feb. 1957).


271.5. U. S. v. Davis. (WD Mich.) *
271.6. U. S. v. Watson. (CA DC.) *
271.7. U. S. v. Barenblatt. (U.S.S.C., #742.) For facts, see II DOCKET 12-13, 38. Petition for certiorari pending.
271.8. U. S. v. Lorch. (SD Ohio, W. Div., #3185.) For facts, see II DOCKET 13. Apr. 4-5: tried without jury. 30 days allowed for filing briefs re pertinency of questions asked. Fyke Farmer, Esq., 300 W. Bellevue Drive, Nashville, Tenn., and Hubert T. Delany, Esq., 52 Broadway, NYC.
271.9. U. S. v. Russell. (CA DC, #13529.) *
271.10. U. S. v. Deutch. (CA DC.) *
271.11. U. S. v. Sacher. (U.S.S.C.) (240 F. 2d 46.) For facts, see II DOCKET 13, 38. Petition for certiorari pending.

See Statement of Board of Governors of State Bar of California re improper conduct of sub-comm. of House Comm. on Un-American Activities toward counsel for witnesses called in California hearings to investigate opposition to McCarran-Walter Act, issued Apr. 1957.

271.12. U. S. v. Gojack. (CA DC.) For facts, see II DOCKET 13, 38. App't filed brief; Gov't's brief deferred pending U.S. S.C. decision in Watkins, 271.14.
271.13. U. S. v. Metcalf. (SD Ohio.) *
271.14. Watkins v. U. S. (U.S.S.C., #261.) *
271.15. Shelton v. U. S. (CA DC) For facts, see II DOCKET 38. Sentence: 6 mths., $500 fine. Appeal pending.
271.16. U. S. v. Whitman. (DC DC.) *
271.17. Knowles v. U. S. (CA DC.) *
271.18. U. S. v. Peck. (DC DC.) For facts, see II DOCKET 39. Mar. 26: jury convicted Def. of contempt. Apr. 30: sentence $500, 30 days (suspended).
- 56 -

271.19. Price v. U. S. (CA DC.) For facts, see II DOCKET 39. Apr. 12: convicted after trial; 3 mths. sentence. Appeal pending.
271.20. Liveright v. U. S. (CA DC.) For facts, see II DOCKET 39. Mar. 22: convicted; 3 mths. and $500 fine. Appeal pending.
271.21. U. S. v. Nathan. (DC DC.) Def.-economics prof. indicted for refusal to answer questions by House Un-American Activities Comm. re his political beliefs and associations. Apr. 30: convicted after trial, jury having been waived.

Leonard B. Boudin, Esq., 25 Broad and David J. Levy, Esq., 100 Park Ave., both of NYC; David Rein, Esq., 711 14th St. NW, Washington, D.C.

271.22. U. S. v. Miller. (DC DC.) Def.-playright indicted for contempt of Congress based on refusal to answer questions of House Comm. on Un-American Activities re Communist Party affiliation of other persons. Defense based on First Amdt. rights, immateriality of questions. DC denied motion to dismiss. Trial date: May 13.

Lloyd Garrison, Esq., 575 Madison Ave., NYC; Joseph L. Rauh, Esq., 1631 K St. NW, Washington, D.C.

271.23. U. S. v. Sullivan. (SD NY, #152-238.) Def.-actor asserted First Amdt. as ground for refusal to answer questions re union and political associations and beliefs before House Un-American Activities Comm. Motions to dismiss pending.

David Scribner, Esq., 9 E. 40th, NYC.

271.24. U. S. v. Yarus aka Tyne. (SD NY, #15586.) Facts and issues similar to Sullivan, 271.22. May 20: hearing on motions to dismiss.

Wolf, Popper, Ross, Wolf and Jones, Esqs., 160 Broadway, NYC.

271.25. U. S. v. Seeger. (SD NY.) Def.-singer indicted under facts and issues similar to Sullivan, 271.22. May 20: hearing on motions to dismiss.

Wolf, Popper, Ross, Wolf and Jones, Esqs., 160 Broadway, NYC.

271.26. U. S. v. Kling. (ED Mo., E. Div., #28722 Div. #1.) Def.-witness before Un-American Activities Comm. announced willingness to answer all questions re herself and activities as member of Communist Party but refused on "grounds of conscience" to name other people. Motions pending to quash indictment because questions not pertinent to Comm's. purpose and violative of First Amdt. rights.

George S. Roudebush. Esq., 407 N. Eighth St., St. Louis, Mo.

272. State committees

272.1. Sweezy v. New Hampshire by Atty. Genl. Wyman. (U.S.S.C., #175.) For facts, see II DOCKET 13. March 5: heard and submitted on issues of pre-emption, denial of due process because of vagueness, and First Amendment rights.

Thomas I. Emerson, Esq., Yale University Law School, New Haven, Conn.

272.2. New Hampshire v. Uphaus. (U.S.S.C.) For facts, see II DOCKET 13. March: N. H. Sup. Ct. affirmed contempt conviction (3-2). Execution of sentence stayed pending appeal to U.S.S.C.

Royal W. France, 40 Exchange Pl., Leonard B. Boudin, Esq., 25 Broad St., both of NYC, Hugh F. Bownes, Esq., Laconia, N.H.

272.3. New Hampshire by Wyman v. De Gregory. (N. H. Sup. Ct., #4563.) For facts, see II DOCKET 39. Feb. 5: heard and submitted.
272.4. N.A.A.C.P., Va. Conference of N.A.A.C.P., et al. v. Ames. (ED Va.) Pls.-organizations and individuals sought injunction to restrain enforcement of recent state statutes creating legislative investigating committees on ground they provide for legislature to invade the province of the judiciary. Apr. 11: motion to dismiss heard by 3-judge statutory ct., which refused to grant or deny motion, but reserved decision until hearing on merits, with no date for hearing set.
273. Legal and administrative tribunals

273.1. U. S. v. Witkovich. (U.S.S.C.) For facts, see II DOCKET 13. Apr. 29: Frankfurter, J. for Ct. affirmed D. Ct. dismissal of indictment. (Clark, Burton, JJ., dissenting.)
273.2. U. S. v. Keller. (ND Ill., Ed, #55 CR 608.) For facts, see II DOCKET 13. Continued pending decision in Witkovich, 273.1.
273.3 non-crim.. Nukk, et al. v. Shaughnessy. (SD NY.) *
273.4 non-crim.. Sentner v. Barton (formerly entitled Sentner v. Colarelli.) (U.S.S.C.) *

Law review note:

70 Harv. L. Rev. 718-21 (Feb. 1957).

273.5. Kentucky v. Rhine. (Ky. Ct. of App.) *

Amicus brief filed by Kentucky Civil Liberties Union, by Carl L. Wedekind, Jr., Esq.

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. McPhaul v. U. S. (CA 6.) For facts, see II DOCKET 39. Appeal pending.
280. Civil Penalties for Non-disclosure

280.1. Savelle and Nostrand v. U. of Wash., et al. (Thurston Co. Super. Ct.) *
280.2. Pickus and Soglin v. Chicago Bd. of Education. (Ill. Sup. Ct.) For facts, see II DOCKET 14, 39. Cite: 138 NE 2d 532.
280.4. Bd. of Higher Education v. Allen, Hughes, et al. (Sup. Ct., Albany Co.) *
280.5. Bd. of Education v. Allen, et al. (Sup. Ct., Albany Co.) *
280.6. United Electrical, Radio & Machine Workers, Local 259 v. Worthington Corp. (CA 1.) For facts, see II DOCKET 39. Cite: 236 F. 2d 364.
280.7. Wieman v. Updegraff. (Okla. S. Ct.) (344 U.S. 183.) Action for back pay by employees who refused to take loyalty oath required by Okla. statute. After U.S.S.C. remanded case to state cts., overruling their determination that stat. was constitutional, Pl. secured judgment for back pay involved.

Emery & Emery, Esqs., First National Bank Bldg., Oklahoma City, Okla.

And see 262 and 267.

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290. Penalties for False Disclosure
291. Taft-Hartley oath

291.1. Jencks v. U. S. (U.S.S.C., #23.) *
291.2. Gold v. U. S. (DC DC) For facts, see II DOCKET 15, 40. Re-trial date: May 6.
291.3. Bryson v. U. S. (CA 9.) *
291.4. Travis v. U. S. (CA 10.) For facts, see II DOCKET 15. Heard and submitted.
291.5. Lohman v. U. S. (CA 6.) (237 F. 2d 645; 127 F. Supp. 432.) *
291.6. U. S. v. Killian. (CA 7.) *
291.7. U. S. v. Haug, et ano. (ND Ohio ED.) For facts, see II DOCKET 40. Apr. 15: motions to dismiss indictments filed.

David Scribner, Esq., 9 E. 40th, NYC; Stephen M. Young, Esq., 1st Natl. Bank Bldg., Cleveland, O.

And see West, 291.20.

291.20. U. S. v. West, Haug, et al. (ND Ohio, ED, #22230.) For facts, see II DOCKET 40. Apr. 15: motions to dismiss indictments filed. Trial date: Sept. 16.

Stephen M. Young, Esq., 1st Natl. Bank, Bldg., Cleveland, David Scribner, Esq., 9 E. 40th, NYC, attorneys for Defs.-Haugs.

And see Haug, 291.7, and Pezzati, 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)

300. Searches and Seizures
Law review note:

Evidence—Searches and seizures—Standing to suppress evidence obtained by unconstitutional search and seizure, 55 Mich. L. Rev. 567-81 (Feb. 1957.)

Case note on

California v. Cahan, 274 P. 2d 724, I DOCKET 21, 79: 4 U.C.L.A. Law Rev. 252-70 (Feb. 1957.)

301. Wiretapping

301.3. Wirin v. Parker, L.A. Police Chief. (Calif. Dist. Ct. of App.) *
301.5. Costello v. U. S. (SD NY.) *
302. Other Federal cases

302.1. Hinton v. Eastland, et al. (DC DC, Civ. #1167-56.) *
302.2. Wisconsin v. Kroening. (Wis. S. Ct.) (79 N.W. 2d 810.) Samples of blood taken from Def. after fatal auto accident while he was unconscious and without his consent one week before his arrest. S. Ct. held admission of evidence re analysis of blood for alcoholic content in negligent homicide prosecution did not violate Def's. constitutional privilege against self-incrimination, but was unreasonable search and seizure under state Constitution and constituted denial of due process under U.S. Constitution.
303. Other State cases
Case note on

Rea v. U. S., 350 U.S. 14, I DOCKET #510.1: 30 Temple L. Q. 68-70 (Fall 1956.)


303.1. Levy v. Grant, et al. (SD Calif.) *
303.3. Cheveres v. City of Oxnard. (Super. Ct., Ventura Co., Calif.) *
303.4. People of New York v. Silfa, Silfa v. Kennedy. (NY Ct. of App.) Silfa arrested for illegal practice of dentistry after his apt. had been invaded by police, who, without warrant seized books, etc. In action in Sup. Ct. for return of property and suppression of evidence seized, motion granted as to return of evidence, denied as to suppression. App. Div. aff'd. refusal to suppress evidence without prejudice to a renewal in the criminal case. When Police Dept., prior to returning documents, had them photostated, Silfa moved to punish Comm'r. for contempt; Ct. then ordered photostats destroyed. Silfa's motion to suppress evidence in criminal case denied. In Ct. of App., appellant argued that usual N. Y. rule permitting introduction of illegallyseized material should not be applied when, as here, matter was seized forcibly. Decision pending; criminal trial stayed.

Gustave B. Garfield, Esq., 122 E. 42nd St., NYC.

310. Indictment
311. Composition of grand jury (see also 510)
312. Character of evidence
320. Double Jeopardy
321. Federal cases
330. Self-incrimination: Criminal Sanctions
Alan Reeve Hunt and Paul A. Lacey, Friends and Use of the Fifth Amendment, Civil Liberties Comm. of Phila. Yearly Meeting of Friends, 1515 Cherry St., Philadelphia, Mar. 1957.

Law review article:

Charles W. Quick, Self-incrimination under the Uniform Rules of Evidence, 3 Wayne L. Rev. 1-21 (Winter 1956.)

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331. Congressional Committees

331.3. Singer v. U. S. (CA DC.) *
331.4. McKensie v. U. S. (CA 9.) For facts, see II DOCKET 16. Feb. 20: heard and submitted.
331.5. Wollam v. U. S. (CA 9.) For facts, see II DOCKET 16. Feb. 20: heard and submitted.
331.6. Simpson v. U. S. (CA 9.) For facts, see II DOCKET 16. Feb. 11: CA 9 affirmed conviction for refusal, based on Fifth Amdt. privilege, to answer question before Congressional committee re place of residence. Petition for rehearing pending.
331.7. U. S. v. William Davis. (ED Mo., E. Div.) Def.-witness before UnAmerican Activities Committee, appearing without counsel, refused to answer any questions except that he was American citizen, claiming privilege against self-in-crimination as to questions re address, place of employment, etc. Indicted, Def. claims if Fifth Amdt. does not protect here, then inquiry is not pertinent to Comm's. purpose. Pending.

Mark M. Hennelly, Esq., Arcade Bldg., St. Louis, Mo.

331.8. U. S. v. Simpson. (ED Mo., E. Div.) Facts, issues, and status similar to Davis, 331.7.

R. L. Witherspoon, Esq., 1518 N. Sarah St., St. Louis, Mo.

332. State Committees
333. Grand juries and tribunals

333.2. Brown v. U. S. (U.S.S.C.) (352 U.S. 974.) For facts, see II DOCKET 16, 41. Apr. 4: argued; decision awaited.
333.3. Phillips v. U. S. (CA 9.) *
333.4. Yates v. U. S. (U.S.S.C.) *
333.6. U. S. v. Matles. (CA 2.) Denaturalization proceeding based on alleged fraud in procuring naturalization in 1934 because of then being member of Communist Party. Issues: under 1906 statute, such membership not ground for denial of citizenship; judgment of naturalization was res adjudicata of issues of fraud claimed prior to such judgment; facts about Def. were long known to Gov't. and present action is in nature of attempted punishment. After trial, judgment for Gov't.; appeal pending. Appeal also pending from order holding Def. in contempt for refusing to appear for pretrial examination. Issue: proceeding is in nature of criminal action and Def. cannot be required to testify against himself under Fifth Amdt.

Donner, Kinoy and Perlin, Esqs., 342 Madison Ave., NYC.

334. Grants of immunity: federal
Law review notes:

Federal immunity: Court order or rubber stamp, 6 Catholic Univ. L. Rev. 116-23 (Dec. 1956.)

The spirit of the Fifth Amdt. privilege—a study in judicial method, 17 Maryland L. Rev. 75-83 (Winter, 1957.)

Statutory immunity and its constitutionality, 22 Missouri L. Rev. 75-90 (Jan. 1957.)


334.2. U. S. v. Glasser, Symonds, Oka, McElarth. (CA DC.) Apr. 10: DC Judge issued orders empowering Senate Internal Security Subcomm. to compel 4 Defs. to testify in exchange for immunity from prosecution, in first cases re Cong. immunity under 1954 Act. Appeals pending from orders, and from refusal to stay orders pending appeals.

Forer and Rein, Esqs., 711 14th St. NW, Washington, D.C.

335. Grants of immunity: state

335.1. Morgan v. Ohio. (U.S.S.C., #206 Misc.) *

Case note in

41 Minnesota L. Rev. 349-52 (Feb. 1957.)

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.) *

Case note in

70 Harv. L. Rev. 727-9 (Feb. 1957.)

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:

Proposed right to comment on failure of defendant to testify in a criminal trial, 25 Fordham L. Rev. 381-5 (Summer 1956.)

341. Army discharges.
See cases at 253.
342. Employment—Public teachers

342.1. Re: Slochower. (N.Y. Bd. of Higher Education.) For facts, see II DOCKET 17, 41. Pet. resigned as Prof. at Brooklyn College.

Case note in

25 Fordham L. Rev. 526-9 (Autumn 1956).

342.2. Daniman, et al. v. NYC Bd. of Educ., Shlakman, et al. v. NYC Bd. of Higher Educ. For facts, see II DOCKET 17, 41. Cite: 352 U.S. 950.
342.2a. Shlakman, et al. v. NY Bd. of Higher Educ. (Sup. Ct., Kings Co., NY.) For facts, see II DOCKET 41. Apr. 5: Ct. held "An identical, uniform result affecting all of the pets. was made a condition precedent to entry of a final order to benefit or bind the stipulants. The condition failing, no rights under the stipulation accrued in favor of either of the parties."

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

342.3. Laba, et al. v. Newark Bd of Educ. (N. J. Sup. Ct., App. Div.) (23 N. J. 364.) For facts, see II DOCKET 17, 41-2. N. J. Sup. Ct., sua sponte, certified appeal and cross-appeal. Feb. 4: affirmed ruling of Comm'r. of Educ., under Slochower (350 U.S. 551) that plea of Fifth Amdt. before
- 59 -

House Comm. on UnAmerican Activities was not per se conduct unbecoming a teacher; remanded cases to Def.-Bd for inquiry re present and past affiliations, as well as conduct before Comm., limited to whether refusals to answer were contumacious or frivolous. No order of reinstatement issued. One Justice, concurring, objected to inquiry into character of refusals as inquiry into propriety of exercising a constitutional right. Def.-Bd. voted hearings.
342.4. Mass v. San Francisco Bd. of Educ. (Cal. Super. Ct.) (47 Adv. Calif. Rep. 501.) For facts, see II DOCKET 17, 42. Pl's. motion to reopen his answer and for new trial pending.
342.5. Schuyten v. Contra Costa Bd. of Educ. (Calif. Dist. Ct. of App.) *
342.6. St. John v. Orange Coast College. (Calif. Sup. Ct.) For facts, see II DOCKET 18, 42. Sup. Ct. denied rehearing.
342.9. Bailan v. Bd. of Education. (U.S.S.C.) (386 Pa. 32.) Pl.-teacher refused to answer questions of Sup't. of Schools and Congressional Committee re Communist Party membership. Subsequent discharge grounded on insubordination. Pa. Sup. Ct. upheld Bd. of Educ. Petition for certiorari pending.

John Rogers Carroll, Esq., Philadelphia, Pa.

343. Employment—Other public officers

343.1. Lerner v. N. Y. Transit Authority. (U.S.S.C.) For facts, see II DOCKET 18, 42. Ct. of App. affirmed (5-2), holding Security Risk Law constitutional as applied and that Pl. could be discharged for invocation of 5th Amdt. Appeal pending in U.S.S.C.
343.2. Hancock v. Burns. (Calif. Dist. Ct. of App., San Francisco.) *
343.3. Globe and Nelson v. Los Angeles County. (Super. Ct., Los Angeles Co., Calif.) For facts, see II DOCKET 42. Re Globe: judgment for Pl.; administrative hearing to be given. Re Nelson: judgment for Def.; appeal pending.
344. Employment—Private

344.2. Wilson, et al. v. Loew's, Inc., et al. (U.S.S.C., #552.) (298 P. 2d 152, 352 U.S. 980.) For facts, see II DOCKET 42. To be argued Fall 1957.
344.3. Wilson v. Liberty Films, Inc., et al. (Los Angeles Co. Super. Ct., #668887.) *
344.4. Compinsky v. Universal Pictures Co., Inc. (Los Angeles Mun. Ct., #365993.) Action for breach of contract. Pl.-musician invoked 5th Amendment during testimony before House Comm. on UnAmerican Activities and was discharged, employer claiming discharge warranted under clause authorizing discharge for "good and sufficient cause". Demurrer pending.

Wirin, Rissman and Okrand, Esqs., 257 S. Spring St., Los Angeles.

345. Attorneys
And see 265 and 373.
346. Unemployment insurance

346.1. Kilpatrick v. Bureau of Unemployment Compensation. (Cuyahoga Co. Com. Pleas Ct., #669433.) *

And see 263.

350. Due Process
Law review article:

Harold W. Chase, Improving Congressional investigations: a No-Progress report, 30 Temple L. Q. 126-55 (Winter 1957.)

351. Delay in arraignment
352. Grand Jury procedures
353. Confessions
Law review article:

John M. Maguire, "Involuntary" confessions, 31 Tulane L. Rev. 125-44 (Dec. 1956.)

354. Unfair press releases
355. Perjured testimony

355.1. Salemi v. Denno. (U.S.S.C.) For facts, see II DOCKET 18, 42. Cite: 352 U.S. 943.
355.2. Landeros v. New Jersey. (DC N.J.) For facts, see II DOCKET 18-19. Mar. 4: petition for writ of habeas corpus heard and submitted.
355.4. Sobell v. U. S. (CA 2.) For facts, see II DOCKET 43. Heard and submitted.
356. Courts martial
357. Naturalization proceedings
358. Denaturalization proceedings

358.1. Trop v. Dulles. (U.S.S.C.) For facts, see II DOCKET 19, 43. Certiorari granted; Apr. 29: argued; decision awaited.
358.2. Diaz-Estrada v. Press. (SD Calif.) *
358.3. Matter of Bean. (ND Calif., S Div.) For facts, see II DOCKET 19. Mar. 27: Suit for injunction, declaratory relief and petition for review of administrative decision filed.
358.4. Zuskar v. U. S. (CA 7, #11718.) (237 F. 2d 528.) *
358.5. Budzileni v. U. S. (U.S.S.C., #689.) (237 F. 2d 528.) For facts, see II DOCKET 43. Feb. 25: certiorari denied.
358.6. Nishikawa v. Dulles. (U.S.S.C., #415.) (352 U.S. 907.) For facts, see II DOCKET 43. Apr. 29: argued; decision awaited.
358.7. Perez v. Brownell. (U.S.S.C., #572.) (352 U.S. 908.) For facts, see II DOCKET 43. Apr. 29: argued; decision awaited.

And see Matles, 333.6.

359. Loyalty hearings
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360. Speedy and Public Trial
Law review note:

News photographs and the courts—Right of privacy, 61 Dickinson L. Rev. 191-7 (Jan. 1957.)


360.1. In re Baird. (Calif. Dist. Ct. of App., San Francisco.) Def. failed to appear for trial on traffic charge; tried and convicted in absentia. Ct. issued habeas corpus writ discharging Baird from custody on bail. Mar. 15: heard and submitted.

Lawrence Speiser, Esq., Am. Civil Liberties Union of N. Calif., 503 Market St., San Francisco.

370. Counsel
371. Federal cases
Case notes on

Cammer v. U. S., 350 U.S. 399: 1956 U. of Ill. Law Forum 286-91 (Summer 1956.)

372. State cases

372.1. Henderson v. Michigan (CA 6.) *
373. Indirect restrictions

373.1. Re Gladstein. (DC Hawaii.) *
373.2. Re Bouslog. (CA 9, #15,109.) For facts, see II DOCKET 20, 43. Apr. 9: reargued before Ct. en banc; decision awaited.
373.3. Re Bouslog. (DC Hawaii, Misc. #649.) *
380. Confrontation
Law review article:

John Edgar Hoover, The confidential nature of FBI reports, 8 Syracuse Law Rev. 2-17 (Fall 1956.)

381. Criminal cases

381.1. Roviaro v. U. S. (U.S.S.C.) (77 S. Ct. 623, 229 F. 2d 812.) Def., convicted of violating Narcotic Drugs Act, sought repeatedly at trial to learn identity of Gov't. chief witness. U.S.S.C., Burton, J., held that permitting the Gov't. to withhold identity of its undercover employee in face of Def's. demands for disclosure constituted prejudicial error where such informer was sole participant, together with Def., in illegal transaction charged, informer was only witness in position to amplify or contradict testimony of Gov't. witnesses, and a Gov't. witness testified that informer had denied knowing Def. or ever having seen him before. (Clark, J., dissented.)

Maurice J. Walsh, Esq., Chicago, Illinois.

382. Civil cases
390. Jury Trials (see also 510)
400. Excessive Bail; Parole Conditions
And see 273.1, 273.2, 273.3, 273.4.
401. Amount of bail
402. Conditions imposed
410. Cruel and Unusual Punishment
411. Criminal cases

411.2. U. S. v. Green; U. S. v. Winston. (U.S.S.C.) For facts, see II DOCKET 21, 44. Feb. 11: CA 2 affirmed convictions. Apr.: petitions for certiorari filed.
412. Extradition

412.3. New York ex rel. Willie Reid v. Ruthazer, Warden. (NY Sup. Ct., App. Div., 1st Dept.) (157 N. Y. Supp. 2d 342.) For facts, see II DOCKET 21, 44. State appealing from Sup. Ct., NY Co. decision sustaining Relator's petition for writ of habeas corpus. Heard and submitted.
412.4. New York ex rel. Horton v. Warden. (NY Sup. Ct., Nassau Co.) Extradition proceeding against Def., under life sentence in Ga. on conviction of murdering his wife. Def.-Negro alleged denial of due process in Ga. trial. Ct. held record showed Def. had received fair trial, and, on Gov's. warrant, Def. extradited.

Paul Kelly, Esq., 113 W. Sunrise Highway, Freeport, Long Island, NY.

413. Civil cases

413.1. DeSilva v. TW A. (SD NY, #99198.) *
490. Miscellaneous Due Process
III. EQUAL PROTECTION (FOURTEENTH AMENDMENT) (500-599)

500. Elections
501. Racial discrimination

501.1. Allen v. Merrell, Clerk, Duchesne Co. (U.S.S.C.) For facts, see II DOCKET 22. Dec. 15, 1956: Utah S. Ct. ruled against Pl., held constitutional the statute prohibiting Indians residing on Indian reservations from voting, because not so unreasonable or arbitrary as to be in clear conflict with equal protection clauses of state and fedl. constitutions. Ct. commented on probable lack of interest in general community affairs on part of Indians living on reservations. Petition for certiorari pending. Utah legislature passed bill eliminating this requirement that Indians establish offreservation residence in order to vote.
501.2. Ivy v. Cole, Registrar, Halifax Co. (ED N.C., Wilson Div., #610—Civ.) *
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502. Political discrimination

502.2. Mayhew v. Bd. of Elections. (Cir. Ct., Cook Co., Ill.) For facts, see II DOCKET 22. Oct. 1956: action dismissed.
502.3. Christian Nationalist Party, et al. v. Jordan, Calif. Secy. of State. (Super. Ct., Los Angeles Co., Calif., #669214.) Action challenging constitutionality of Sec. 2540 of state Election Code on ground that requirements for political group to obtain place on ballot are unreasonable and in effect, prohibitive, over 500,000 signatures being required for state nominating petition. Demurrer to complaint sustained. Appeal pending.

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

Amicus brief filed by S. Calif. Civil Liberties Union, by Hugh R. Manes, Esq., 6223 Selma Ave., Hollywood, Calif.

510. Juries
511. Federal employees
512. Racial discrimination
513. Economic discrimination
514. Political discrimination
515. Discrimination against women
520. Education
Law review article:

Robert A. Leflar, Legal Education: Desegregation in law schools, 43 A.B.A.J. 145-49 (Feb. 1957.)

521. Challenge to unequal facilities

521.1. Holland v. Bd. of Public Instruction (Palm Beach). (SD Fla., #7161 M.) For facts, see II DOCKET 22. Ct. granted Pl's. motion to proceed without impaneling 3-judge ct. Trial date to be set.
522. Suits to enforce integration

522.Ark1. Hoxie School Dist. #46, et al. v. Brewer, White Citizens Council, et al. (CA 8.) For facts, see II DOCKET 22, 45. Cite: 238 F. 2d 91.

Case note in

43 Virginia L. Rev. 255-7 (Feb. 1957.)

522.Ark2. Matthews, et al. v. Launius, et al. (Bearden Dist.) (WD Ark., Civ. #570.)*
522.Ark3. Aaron, et al. v. Cooper, et al. (Little Rock.) (CA 8.) For facts, see II DOCKET 23. Apr. 18: CA affirmed Dist. Ct. dismissal of suit because Def.-Bd. had proposed stairstep desegregation plan to take place over 5-10 yr. period.
522.Dela1. Jackson, et al. v. Buchanan, Members of Dela. Bd. of Educ. and Bd. of Educ. and Bd. of Trustees, et al. (Christiana School Dist.) (DC Dela., Civ. #1815.) For facts, see II DOCKET 23. Conference on this and all other pending Dela. desegregation cases, except Evans, 522.Dela2, on May 6 with Chief Justice.
522.Dela2. Evans, et al. v. Buchanan, et al. (Milford). (DC Dela., Civ. #1817.) For facts, see II DOCKET 23, 45. Mar. 6: Chief Judge granted Pls.' motion for summary judgment, directed Def.-Bd. to present integration plan to State Bd. of Ed. within 30 days, which Bd. shall submit its plan to the Ct. for further instructions within 60 days.
522.Dela3. Holloman, et al. v. Buchanan, et al. (Milton). (DC Dela., Civ. #1819.)*
522.Dela4. Coverdale, et al. v. Buchanan, et al. (Greenwood.) (DC Dela., Civ. #1818.)*
522.Dela5. Creighton, et al. v. Buchanan, et al. (Laurel). (DC Dela., Civ. #1820.)*
522.Dela6. Denson, et al. v. Buchanan, et al. (Seaford). (DC Dela., Civ. #1821.)*
522.Dela7. Oliver, Jr., et al. v. Buchanan, et al. (Clayton). (DC Dela., Civ. #1822.)*
522.Dela8. Staten, et al. v. Buchanan, et al. (Milford). (DC Dela., Civ. #1817.)*
522.Fla1. Florida ex rel. Hawkins v. Bd. of Control of Fla. (Fla. S. Ct.) For facts, see II DOCKET 23. Mar. 8: Fla. S. Ct. ruled, as matter of law, that U.S.S.C.'s order directing Rel's. admission not intended to prevent Fla. S. Ct.'s exercise of equitable discretion to postpone admission while there are threats of violence and disruption of Univ.; denied Relator's motion for peremptory writ to admit him to Fla. Univ. Law School, but without prejudice to right of Rel. to renew his motion "when he is prepared to present testimony showing that his admission can be accomplished without doing great public mischief." For this reason, entry of final judgment deferred until further opinion of Ct.
522.Fla2. Gibson, et al. v. Dade Co. Bd. of Public Instruction, et al. (CA 5, #16482.) For facts, see II DOCKET 23. DC dismissed action because Pls. had not sought and been denied admission to particular schools on nonsegregated basis, so no justiciable case or controversy presented to Ct. Appeal pending.
522.Ga1. Ward v. Regents, University System of Georgia, et al. (ND Ga., Civ. #4355.) For facts, see II DOCKET 23, 45. Feb. 12: DC dismissed, ruling that, because Pl. had entered another law school and could only matriculate at Univ. of Ga. under rules re transfer students, relief sought could not be granted. Mar. 20: DC denied Pl's. motion to modify judgment and retain jurisdiction to preserve cause of action if Pl. were denied admission to Ga. Law School on transferring after 1 yr. at Northwestern.
522.Ga2. Hunt, et al. v. Arnold, Ga. State School of Business Admr. (ND Ga., Atlanta Div., #5781.)*
522.Ky1. Mitchell v. Bd. of Educ. (Hopkins Co.) (WD Ky.) For facts, see II DOCKET 23, 45. Apr. 17: DC held rights of Negro children to attend public schools on racially non-discriminatory basis must be satisfied beginning with Sept. 1957 term. Ct. rejected Def's. plan for piecemeal desegregation; declined to issue injunction; retained cases on docket.
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522.Ky2. Gordon et al. v. Collins, et al. (Webster Co.) (WD Ky., #720.) For facts, see II DOCKET 23, 45. Apr. 17: DC decided case jointly with Mitchell, 522.Ky1.
522.Ky3. Garnett, et al. v. Oakley, et al. (Union Co.) (WD Ky., #721.) For facts, see II DOCKET 23, 45. Apr. 17: DC decided case jointly with Mitchell, 522.Ky1.
522.Ky4. Dishman, et al. v. Archer, Supt. Public Schools. (Scott Co.) (ED Ky., Lexington, #1213.) For facts, see II DOCKET 45. Jan. 16: Ct. ordered complete integration Sept. 1957; retained case on docket; denied Pls'. motions for temporary and permanent injunctions to immediately admit Negro-Pls. to existing public elementary schools.
522.Ky5. Green, et al. v. Bd. of Educ. (McCracken Co.) (WD Ky., Paducah Div., #903.) For facts, see II DOCKET 46. Jan. 11: Ct. ordered Defs. to file on or before Mar. 25, 1957 a comprehensive plan for abolition and elimination of unconstitutional practices. Mar. 25: Def.-Bd. submitted plan to Ct.
522.Ky6. Wilburn, et al. v. Holland, Supt., Fulton City Schools, et al. (WD Ky., Paducah Div., #910.) For facts, see II DOCKET 46. Feb. 5: Ct. ordered Defs. to file on or before Mar. 25, 1957 a comprehensive plan for abolition and elimination of unconstitutional practices. Plan not yet filed.
522.La2. Bush, Jr., et al. v. Orleans Parish School Bd., et al. (U.S.S.C.) For facts, see II DOCKET 23. Mar. 1: CA 5 affirmed DC decision for Pls.; held La's. 1954 constitutional amdt. to base segregated schools on state's police power does not prevent its violating 14th Amdt.; pupil assignment law invalid because it gives school sup'ts. authority to determine which school each child shall attend, without setting standards for such determination. Pls. need not exhaust administrative remedies under school assignment law prior to bringing suit because this "would be unworthy of a court of equity . . . a travesty in which this Ct. will not participate."
522.La2. Hall, et al, v. St. Helena Parish School Bd., et al. (ED La., Civ. #1068.)*
522.La3. Angel, et al. v. La. State Bd. of Educ., et al. (ED La., Baton Rouge Div., Civ. #1658.)*
522.La4. Davis, Jr., et al. v. E. Baton Rouge Parish School Bd., et al. (ED La., Baton Rouge Div., Civ. #1662.)*
522.La5. Tureaud v. Bd. of Supervisors, La. State Univ. and Agric. and Mech. Coll., et al. (CA 5.)*
522.La6. Williams, et al. v. Prather, et al. (WD La., #5000 Civ.)*
522.La7. Ludley v. Bd. of Supervisors, La. State Univ. (ED La., Baton Rouge Div.) Jan. 17: Pl.-Negro student attending La. State Univ. filed class action for temporary restraining order to prevent Univ. officials from refusing to permit her to register for Feb. term unless she furnished certificate of eligibility attesting to her good moral character signed by high school principal and sup't. of schools, under new La. statute. Issues: unconstitutionality of law, and companion measure making it criminal offense for school official to sign certificate for Negro seeking admission to white colleges. Jan. 17: temp. restraining order issued. Apr. 16: 2-judge Dist. Ct. held both laws unconstitutional.

A. P. Tureaud and A. M. Tureaud, Jr., Esqs., 821 Orleans Ave., New Orleans, La.; Thurgood Marshall and Robert Carter, Esqs., N.A.A.C.P., 107 W. 43rd, NYC.

522.La8. Bailey v. La. State Bd. of Educ. (ED La., Baton Rouge Div.) Pls.-six Negro students at McNeese State College brought suit. Facts, issues, status, counsel same as Ludley, 522.La7.
522.La9. Lark v. La. State Bd. of Educ. (ED La., Baton Rouge Div.) Pls.-six Negro students at Southwestern La. Institute brought suit. Facts, issues, status, counsel same as Ludley, 522.La7.
522.Md2. Moore, Jr., et al. v. Bd. of Educ. (Harford Co.) (DC Md., Civ. #9105.) For facts, see II DOCKET 24, 46. Mar. 5: State Bd. of Educ. dismissed Pls.' appeal, holding local school bds. had acted within relevant policies re desegregation in failing to admit 44 Negro children to all-white schools. Apr. 18: Fedl. Dist. Ct. heard Pls.' motion to revive action. Decision pending.
522.NC1. Carson, et al. v. Bd. of Educ. (McDowell Co.) (U.S.S.C.) For facts, see II DOCKET 24, 46. CA 4 affirmed Dist. Ct.'s ruling that Pls. must exhaust administrative remedies by appealing from school assignments individually as N.C. Sup. Ct. had ruled. U.S.S.C. denied certiorari.
522.NC2. Covington, et al. v. Edwards, Supt. of Schools, et al. (Montgomery Co.) (MD N. Caro., Rockingham Div., Civ. #323.)*
522.Pa1. In re Girard's Estate. (Pa. S. Ct.) (127 A. 2d 287.) Pa. S. Ct. sustained ruling of Phila. Orphans Ct. barring Negroes from admission to Girard College under clause in 1831 will limiting admission to "poor white male orphans," held no state action in violation of 14th Amdt. involved because City of Phila. administers trust not pursuant to its powers as a municipality. Musmanno, J., dissented.
522.SC1. Briggs v. Elliott. (Clarendon Co.) (ED S.C., #2657.)*
522.Tenn2. Booker, et al. v. State of Tennessee Board of Education, et al. (U.S.S.C.) For facts, see II DOCKET 25, 46. Defs.' petition for certiorari pending.
522.Tex2. Avery, et al. v. Randel. (Wichita Falls). (U.S.S.C., #895.) For facts, see II DOCKET 25, 46. Apr. 22: U.S.S.C. denied Def.'s petition for certiorari; leaving in force CA 5 decision that, altho school bd.'s "prompt and reasonable start" toward desegregation may justify D. Ct. withholding injunctive relief, this does not render suit moot.
522.Tex3. Whitmore v. Stilwell, et al. (DC Tex.)*
522.Tex4. Jackson, et al. v. McDonald, pres., Lamar State College of Technology, et al. (CA 5, #16443.) For facts, see II DOCKET 25, 46. May 21: argument before CA 5.
522.Tex5. Borders, et al. v. Rippy, et al. (Dallas) (formerly entitled Bell v. Rippy). (CA 5, #16483.) For facts, see II DOCKET 25, 46. May 23: argument before CA 5.
522.Tex6. Hernandez, et al. v. Driscoll Consolidated Independent School Dist., et al. (Nueces Co.). (DC Tex., Houston, #1384.) For facts, see II DOCKET 46. After conference, Ct. dismissed action except as to claims for nominal damages.
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522.Val. Davis v. County School Bd. (Prince Edward Co.). (CA 4.) For facts, see II DOCKET 25, 46. Pl.'s appeal pending.
522.Va2. Corbin, et al. v. School Bd. (Pulaski Co.). (WD Va., Roanoke, #341 Civ.)*
522.Va3. Atkins, et al. v. School Bd., et al. (Newport News). (CA 4.) For facts, see II DOCKET 25, 46. Feb.: Ct. ruled for Pls., ordered Defs. to start desegregation of 1st and 8th grades by Aug. 15, 1957. Appeal pending.
522.Va4. Beckett, et al. v. School Bd. (Norfolk). (CA 4.) For facts, see II DOCKET 25, 46. Feb.: Ct. ruled for Pls., ordered Defs. to start desegregation of 1st, 7th and 10th grades by Aug. 15, 1957. Appeal pending.
522.Va5. Allen, et al. v. School Bd. (Charlottesville). (WD Va., #51.) For facts, see II DOCKET 26, 46. Mar. 25: U.S.S.C. denied Def.'s petition for certiorari. Case remanded back to Dist. Ct.
522.Va6. Thompson, et al. v. School Bd. (Arlington). (ED Va., #1341.) For facts, see II DOCKET 26, 46. Mar. 25: U.S.S.C. denied Def.'s petition for certiorari. Case remanded back to Dist. Ct.
523. Suits to prevent integration

523.Ark1. Shackleford, et al. v. Vance, Ch., Hoxie School Bd., et al. (Ark. Sup. Ct.)*
523.Ky1. Grubbs, et al. v. Gov. Chandler, et al. (Franklin Co. Cir. Ct.)*
523.Tenn1. Davidson, et al. v. Cope, et al. (Tenn. Ct. of App.)*
523.Va1. Dobbins v. Virginia. (Va. Ct. of App.) (96 SE 2d 154.) For facts, see II DOCKET 27. Jan. 21: 2 yrs. after hearing case, Ct. reversed conviction of Negro parents for violating state compulsory school attendance law by refusing to send children to inferior, segregated school. Prosecution dismissed.
530. Housing
531. Public

531.1. Heyward v. Savannah Housing Authority, et al. (SD Ga., Sav. Div.)*
531.5. Eleby v. Louisville Municipal Housing Authority. (WD Ky., Louisville Div., #3240.) Pls.-Negro families suing for admission to Def.'s previously all-white public housing project. Def.'s motion to dismiss admitted that it maintains segregated housing on "voluntary basis". Pls.' motion for summary judgment pending.
532. Private

532.1. S. End Fed'l Svgs. & Loan v. Roan, Braden and Wade. (Jeff. Cir. Ct., Chanc. Branch, 2d Div., Ky.) For facts, see II DOCKET 27. Ct. held for Pl.-Bank, dismissed Defs.' affirmative defense that consent clause in mortgage is an unconstitutional restrictive covenant. Parties in process of settlement.
532.2. Ming v. Horgan, et al. (Calif. Super. Ct., Sacramento Co., #97130.)*
532.3. Beddoe v. Southeast Realty Bd., et al. (Calif. Super. Ct., Los Angeles, #SG C 1050.)*
532.6. Venable v. Creve Coeur, et al. (ED Mo., #57 C45(2).) Pls.-Negro family purchased property in area in Def.-City being developed by whites exclusively. When Pls. sought building permit, Def.-City Bd. of Aldermen hastily passed ordinance to take this and some adjacent property for a public park. Pls. seek injunctive relief. May 10: hearing on motions.

Thomas, Busse, Weiss, Culley and Godfrey, Esqs., 418 Olive St.; Richard A. Hetlage and Aubrey B. Hamilton, Esqs., 705 Olive St., all of St. Louis, Mo.

540. Transportation
541. Interstate
542. Intrastate

542.1. City of Montgomery v. Parks. (Ala. Ct. of App.) For facts, see II DOCKET 27. Feb. 12: Ct. of App. affirmed conviction.
542.2. Browder, et al. v. Gayle. (MD Ala., N Div., #1147.) For facts, see II DOCKET 47. Jan. 25: Montgomery Bd. of Commrs. filed "Petition for Instructions" in DC, asking whether they would violate injunction issued against them if they heard and granted application of private Revel Club for franchise to operate segregated "private transportation system". Feb. 27: 3-judge Ct. held fedl. cts. have no jurisdiction to render advisory opinions such as requested. Rives, Cir. Judge and Johnson, Dist. Judge stated that, in their opinion, such proposed transportation system would be "public", not "private" and therefore illegal.
542.3. Fleming v. S. Carolina Electric and Gas Co. (CA 4.)*
542.4. Evers, et al. v. Dwyer, Comm'r of Public Service of City of Memphis, et al. (WD Tenn., Civ. #2903.)*
542.5. Miami v. Reid. (Miami Police Ct.) For facts, see II DOCKET 28. Def. found guilty of disorderly conduct, fined $50 and costs or 24 days, suspended.
542.5a. Garmon v. Miami Transit Co., Inc. (formerly entitled N.A.A.C.P., et al. v. Miami Transit Co., et al.) (SD Fla., Miami Div.) For facts, see II DOCKET 48.
542.6. Virginia v. Ritter. (Richmond Hustings Ct.)*
542.7. Inter-Civic Council of Tallahassee, Inc., et al. v. City of Tallahassee. (Cir. Ct. Leon Co., Law #8502.)*
542.8. Georgia v. Rev. Borders, et al. (Ala. Crim. Ct.)*
550. Miscellaneous Facilities
551. Recreational

551.Cal1. McClain, by guardian ad litem v. City of S. Pasadena. (Calif. Ct. of App.)*
551.NC1. North Carolina v. Simkins, et al. (N.C. Sup. Ct.) For facts, see II DOCKET 28. Appeal pending.
551.Tenn1. Crutcher v. Hayes. (Mid. Dist. Tenn., Civ. #1344.)*
551.Va1. Tate, et al. v. Va. Dept. of Conservation and Development. *
552. Others

552.Ill1. Santiago, et al. v. Roberts, d/b/a Tiny Tap Tavern. (Chi. Muni. Ct., #56M4933.)*
552.Calif1. Coleman, Guardian v. Dr. Middlestaff, et al. Los Angeles Co. Super. Ct. App. Dept., Civ. #A9058.) (305 Pac. 2d 1020.) Pl.-Negro infant refused treatment by Def.-dentist after telephone appointment. Action for violation
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of Calif. Civil Code 51 and 52 prohibiting racial discrimination in any public place. Ct. affirmed order sustaining demurrer, holding dental office not "place of public accommodation or amusement" under statute, public policy does not require dentist to give professional service to everyone without discrimination.

Charles H. Johnson, Esq., 353-A E. Orange Grove Ave., Pasadena, Calif.

Amicus appearance by Am. Civil Liberties Union of S. Calif., by A. L. Wirin and Allan M. Carson, Esqs., Los Angeles, California.

552.Mich1. Russau, et ano. v. Restlawn Memorial Park Corp., Restlawn Maintenance, Inc. (Grand Rapids Super. Ct., Law #5279.) After committal services had been held at the grave, Def.-Co. refused to bury Negro-Pls.' infant child. Apr. 23: trial set after 4-yr. delay.

Floyd Howard Skinner and Alphonse Lewis, Jr., Esqs., Michigan at Monroe Ave., Grand Rapids, Michigan.

552.Tex1. Plummer v. Case. (U.S.S.C.) For facts, see II DOCKET 48. Apr. 1: U.S.S.C. denied appeal of Def.-County.
552.Va1. Virginia v. Bissell. (Cir. Ct. Arlington Co.)*
560. Family Matters
561. Marriage and divorce
Law review article:

Andrew D. Weinberger, Reappraisal of the constitutionality of miscegenation statutes, 42 Cornell L. Q. 208-222 (Winter 1957).

562. Adoption
563. Custody

563.2. Murphy v. Murphy. (Conn. Sup. Ct.) (143 Conn. 600, 124 A. 2d 891.) In divorce action brought by App't-wife, she was granted custody of infant son; husband granted custody of infant daughter. After App't's remarriage to Negro dentist, Resp. recovered son in Ct. proceeding. In proceeding by App't to restore son to her, she claimed custody taken from her because of her new husband's race. Sup. Ct. sustained lower ct. holding that App't's excommunication from Catholic church depriving son of religious education, and separation from her family due to her second marriage made father's custody of child preferable for child.

Eugene H. Kaplan, Esq., Waterbury, Conn.; Jawn A. Sandifer, Esq., 101 W. 125th St., NYC.

563.3. Cooper, et ano. v. Hinrichs. (Ill. Sup. Ct.) (8 Ill. App. 2, 144.) Pets.-Protestant couple sought adoption of twin children of Resp.-Catholic mother, who left them in her care because she was unable to care for them. Lutheran-father of children consented to adoption. Resp. objected, as did Catholic organization (children were baptized Catholics). Trial Ct. held adoption not in best interests of children; App. Ct. affirmed. Ill. S. Ct. reversed, holding state law does not bar adoption where parents and children are of different faiths.

Russell J. Goldman and Harold Stern, Esqs., Rockford, Ill.

563.4. Florida ex rel. Ellis v. Sheriff, Boston. (Gov. Leroy Collins.) In re Petition of Ellis. (Fla. Cir. Ct.) Jewish-foster parents seek to retain custody of child of Catholic unwed mother who consented to their adopting her, then, after her marriage, brought action to have child placed in Catholic institution for adoption. Foster-parents lost long legal proceedings in Mass. under state statute re adoption across religious lines. 1955: Relators left Mass. 1957: Relators arrested in Fla. on Mass. warrant charging kidnapping of child. May 23: hearing before Fla. Gov. on Mass extradition warrant. Mar. 26: Relators filed adoption petition in Fla. Ct.

Ben Cohen and John Lloyd, Esqs., Miami Beach, Fla.

563.5. Ondrejka v. Ondrejka. (Milw. Co. Cir. Ct., #252081.) Pl.-wife filed divorce action in 1954, charging husband with cruel and inhuman treatment, gambling and drinking to excess. Def. counterclaimed, alleging Pl. a Communist who refused to raise 3 children in Catholic faith, asked custody. Def., Gov't witness in 242.1, 291.6, 211.7, testified in Killian, 291.6, he knew his wife to be a Communist before and during marriage, had turned in written reports to FBI on her activities before and during marriage. Trial Ct. denied Pl.'s motion to strike Def.'s allegations re her political activities and religious belief as scandalous, and for summary judgment. Appeal pending in Wis. Sup. Ct.

M. Michael Essin, Esq., 840 Madison Bldg., 623 N. 2d St., Milwaukee, Wis.

564. Miscellaneous

564.1. Maryland v. Howard. (Balt. Crim. Ct.)*
570. Employment
571. Racial discrimination

571.1. Brooks, et al. v. Bd. of Educ., et al. (ED Mo., #551.)*
571.2. Dixon, et al. v. Barrows, et al. (Mo. Cir. Ct., 13th Jud.. Dist., #213220, Div. 5.)*
571.3. Wise v. Gasaway, et al. (ED Ark., Civ. #2736.)
571.4. Jeanpierre v. State Commission Against Discrimination. (NY Sup. Ct., App. Div., 1st Dept.)
571.7. City of St. Paul v. Woolworth Co. (St. Paul Muni. Ct.) Nov. 30, 1956: Muni. Ct. Judge found Def.-Co. guilty of violating city FEP ordinance (first FEP ct. case in Minn.) because Def.'s personnel dept. employee had noted applicant's race in Co. book and applicant later denied employment; fined $100. Feb. 5: sentence suspended following Def.'s institution of education of employees on issue and policy statement to uphold FEP.
580. Civil Actions under Civil Rights Law Not Otherwise Covered
590. Criminal Prosecutions under Civil Rights Law

590.2. Atterbury v. Ragen, Warden. (CA 7.) (237 F. 2d 953.) Action by state prisoner against warden and prison officials alleging violation of Fedl. Civil Rights Act 42, USC 1981, et seq. in that, acting under authority as state officers, they subjected him to cruel and inhuman punishment. CA affirmed dismissal of complaint, held: no federal right involved; federal cts. do not exercise jurisdiction over state prisons; state law gave adequate protection.