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CIVIL LIBERTIES DOCKET
Vol. III, No. 1
October, 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 will not be mentioned in this or future issues except to give citations of decisions and law review notes. Pending cases in which there has been no change in status since the last description in Vol. II 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 in Vol. II.

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

SPEECH AND PRESS (10-99) See also Association (200-299)
Book:

Milton R. Konvitz, Fundamental Liberties of a Free People: Religion, Speech, Press, Assembly. Cornell University Press, 433 pp. $5.00.

10. Licensing
11. Meetings

11.1. In re Ellis v. Allen, et al. (N. Y. Ct. of App.) (281 App. Div. 987, 306 N. Y. 981, 349 U. S. 458, 165 N. Y. S. 2d 624.) (See I DOCKET 2, #40.1.) Yonkers Comm. for Peace made several applications for use of school facilities from Def. members of Yonkers Bd. of Educ. under Education Law Sec. 414. Applications repeatedly denied, no reasons given. After U.S.S.C. dismissed petition for cert. in 1955, Pl. reapplied for permit, Bd. again refused. Commr. of Educ. affirmed denial. Albany Co. Sup. Ct. affirmed Commr. in Art. 78 proceeding. App. Div. reversed, holding for Pl. Nov. 1957: to be argued in Ct. of App.

Emanuel Redfield, Esq., for N. Y. C. Civil Liberties Union, 60 Wall St., NYC.

12. Motion Pictures

12.1. Times Film Corp. v. Chicago. (U.S.S.C.) (244 F. 2d 432.) For facts, see II DOCKET 65. Petition for certiorari pending.

Abner Mikva, Esq., 231 S. LaSalle St., Chicago, Ill.; Felix J. Bilgrey, Esq., 144 W. 57th, NYC.

12.2. Kingsley Intl. Pictures Corp. v. N. Y. Bd. of Regents. (N. Y. App. Div., 3d Dept.)*
12.3. In re Application of Excelsior Pictures Corp. v. Regents of University of New York State. (N. Y. Ct. of App.)*
12.6. A.C.L.U. v. Chicago. (Ill. S. Ct.) Pl. petitioned Cir. Ct. to enjoin City from interfering with public exhibition of movie, "The Miracle", alleging City had refused permit. Ct. held Chicago censorship ordinance unconstitutional, no permit necessary. Ill. S. Ct. held ordinance constitutional, defined "obscenity" narrowly, put burden of proof on censors, and remanded for determination whether film is in fact "obscene". U.S.S.C. declined to hear A.C.L.U appeal "for want of final judgment". Cir. Ct. held movie obscene. Ill. App. Ct. reversed, held movie could be shown but Pl. must pay license fee and apply for permit. A.C.L.U. appeal to Ill. S. Ct. on constitutionality of ordinance pending.

Richard Orlikoff, Esq., 134 N. LaSalle, Bernard Weisberg, Esq., 231 S. LaSalle, Don Moore, Esq., Counsel, Ill. Div., A.C.L.U., F. Raymond Marks, Jr., and Al Polikoff, Esqs., 19 S. LaSalle Street, all of Chicago.

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.) For facts, see II DOCKET 31-2. Oct. 15: heard and submitted.
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14.3. Sunshine Book Co. v. Summerfield. (CA DC, #12, 6222.) (128 F. Supp. 564.) Issue: whether, under 18 USC 1461, an obscenity statute with criminal sanctions, the Postmaster General can withhold publications from distribution through the mails pending a determination of their alleged obscenity. DC DC held for Def. May 31, 1956: CA DC (2-1) reversed, held for Pl. Sept. 1956: rehearing en banc. Oct. 3, 1957: CA DC (5-3) reversed, upheld Def's. power and held publication obscene. Petition for certiorari to be filed.

O. John Rogge, Esq., 401 Broadway, NYC.

20. Administration Restrictions
21. Customs

21.1. U. S. v. 31 Photographs, et al. (SD NY, #AD 189 50.)*
22. Post Office
23. Miscellaneous

23.1. Daily Worker v. Moysey. (CA 2.)*
23.5. Random House and Bantam Books v. Detroit Police Commr. Piggins. (Mich. S. Ct.)*
23.6. Sapriel, et ano. v. Beverly Hills, et al. (Calif. Super. Ct., Los Angeles Co., #671322.)*
23.7. Adams, et ano. v. Hinkle. (Wash. Sup. Ct.) Suit testing constitutionality of state Comic Book Statute. Issues: 1) is statute invalid under state constitution because it requires prior licensing of dealers and distributors; 2) is it invalid under state and federal constitutions because, in effect, it denies adults as well as juveniles access to publications; 3) is it invalid as criminal statute because of vagueness? Pending.

Martin D. Detels, Jr., Esq., for Washington Civil Liberties Union, as amicus, Seattle, Washington.

30. Economic Restrictions
Law review article:

Bernard M. Mamet, Federal preemption, free speech and right to work statutes, 52 Northwestern University Law Rev. 143-173 (May-June, 1957).


30.1. Independent Productions Corp. and I.P.C. Distributors, Inc. v. Loew's Inc., et al. (SD NY. Civ. #110-304.) For facts, see II DOCKET 2. Nov. 7: motions to be argued.
40. Contempt
41. Federal Courts
42. State Courts

42.1. In matter of Nies. (Sup. Ct. Colo., #18034.)*
43. Other agencies
50. Criminal Sanctions
51. Disorderly conduct

51.1. Chicago v. Members, Comm. for Racial Equality. (Ill. App. Ct.) 1956: Members of Def.-Comm. entered cafe with expectation that service would be denied them because 2 of group were Negroes, planning to sit and then try to persuade management to serve them. Arrested for disorderly conduct; convicted in Municipal Ct. Apr. 29, 1957: App. Ct. reversed, holding: "the Defs., so long as they conducted themselves in an orderly manner, had a right superior to the rights of owners and employees of the . . . restaurant business to wait for service, so long as the place was open . . ."

Howard T. Savage, Esq., 3458 S. State, Chicago.

Permission for Ill. Div., A.C.L.U., to file brief amicus denied.

52. Obscenity (see also 12)
Law review note:

"Obscenty" and the Constitution, XVII Lawyers Guild Rev. 91 (Fall 1957).


52.2. Alberts v. California. (U.S.S.C.) For facts, see II DOCKET 2, 66. Cite: 354 U. S. 476.
52.3. Roth v. U. S. (U.S.S.C.) For facts, see II DOCKET 50, 66. Cite: 354 U. S. 476.
52.5. Kingsley Books, Inc., et al. v. Brown. (U.S.S.C.) For facts, see II DOCKET 66. Cite: 354 U. S. 436.
52.6. Adams Newark Theatre Co. v. Newark. (U.S.S.C.) For facts, see II DOCKET 66. Cite: 354 U. S. 931.
52.7. San Francisco v. Ferlinghetti, et ano. (San Francisco Muni. Ct.) Def.-publisher and bookstore owner arrested under Calif. obscenity law for selling Ginsberg's "Howl and other Poems." In trial without jury, charges dropped against one Def. for lack of proof of intent to sell obscene publications. Ct. acquitted other Def., following U.S.S.C. decisions (52.2, .3, .5); since book has "redeeming social importance", making serious comment on our society, it is entitled to First Amdt. protection tho it contains fourletter words. Ct. accepted testimony of literary experts re merits of book.

J. E. Ehrlich, Esq., 333 Montgomery, Lawrence Speiser, Esq., 622 De Young Bldg., 690 Market St., Albert Bendich, Esq., for A.C.L.U. of N. Calif., 503 Market St., all of San Francisco.

52.8. People of New York v. Shapiro, et al. (App. Div., Second Dep't.) Defs.-distributors convicted under N. Y. Sec. 1141 for distributing magazine "Adam". During trial, Ct. refused to permit expert witness to testify re effect of material in magazine contrasted with effects of material in other types of media such as TV, movies, radio, etc. Appeal pending.

Martin J. Scheiman, Esq., 1740 Broadway, NYC.

54. Sedition (see also 241)

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54.1. U. S. v. Powell, et al. (ND Calif., S. Div., #35065.) For facts, see II DOCKET 2, 32, 50, 66. Trial ct., on Def's. motion, made direct request to Chinese Ministry of Justice, Peiping for assistance in obtaining testimony from witnesses for Defs. Defs. renewed efforts to obtain passport validation for China travel for counsel, have asked Ct. to require Secy. of State Dulles to validate counsel's passport. Trial date: Dec. 2.
55. Picketing

55.1. People of New York v. Carcel and Collazo. (NY. Ct. of App.) For facts, see II DOCKET 2, 32. Jy. 3: Ct. (5-2) reversed conviction, discussed power of police to arrest citizen on the street or sidewalk, but did not rule on whether UN treaty can infringe on First Amdt. rights.
56. "Corrupt Practices"

56.1. U. S. v. UAW-CIO. (DC Mich.) *

Case note in

42 Iowa Law Rev. 609-617 (Summer 1957).

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. (NYC Magis. Ct.) *
57.3. People of New York v. Panagakos. (NY Ct. of App.) For facts, see II DOCKET 3. Appeal not prosecuted.
57.4. People of California v. Aykens and Wallace. (App. Dept., Super. Ct., San Mateo.) For facts, see II DOCKET 3. Ct. affirmed convictions under vagrancy statute.
57.5. U. S. v. Roumanian-American Pub. Co. (DC DC.) *
60. Civil Sanctions
61. Defamation
62. Injunctions in labor disputes
63. Other injunctions
FREEDOM OF RELIGION (100-199)
110. Separation of Church and State

110.1. In re Application of Lewis and Klein v. N. Y. State Commr. of Education. (Spec. Sess., App. Term, Albany Co.) *
110.4. Squires, et al. v. City of Augusta, et al. (Super. Ct. Me., Kennebec Co., #2685.) *
120. Pacifists and Conscientious Objectors

120.2. Hanauer, et ano. v. Elkins, Pres., U. of Md. (Md. Ct. of App.) For facts, see II DOCKET 66. After unfavorable decision in Cir. Ct., appeal to Md. Ct. of App. noted.
120.3. U. S. v. Surls. (U. S. Navy Special Court Martial, Honolulu.) Sept. 13: Def.-Seventh Day Adventist convicted of willful disobedience for refusal to stand watch on Saturdays, after Def. pleaded his constitutional right to freedom of religion. Sentence: 3 mths. at hard labor, $150 fine. To be appealed.
120.4. U. S. v. Horst. (ED Mich., #36,149.) Def. indicted for refusing to submit to induction into U. S. Armed Forces (50 U.S.C. 462(a) App.) Issues: 1) Can the Selective Service law be construed to deny Conscientious Objector classification to a sincere believer in non-violence because his beliefs do not arise out of religious training and he is not a church member; 2) are the concepts "religious training and belief" and "Supreme Being" too vague for due process requirement in criminal statute. Jury trial Oct. 3. Ernest Goodman, Esq., 3220 Cadillac Tower, Detroit.
130. Denial of Tax Exemptions

130.1. People's Church of San Fernando Valley Inc. v. County of Los Angeles. (U.S.S.C., #385.) (311 P. 2d 540.) For facts, see II DOCKET 3, 67. Oct. 21: cert. granted.
130.2. First Methodist Church of San Leandro v. Horstmann, et al. (U.S.S.C.) (311 P. 2d 540.) For facts, see II DOCKET 3, 67. Companion case to 130.1.
130.3. First Unitarian Church of Berkeley v. Horstmann, et al. (U.S.S.C., #382.) (311 P. 2d 540.) For facts, see II DOCKET 3, 67. Oct. 21: cert. granted.
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. (Dist. Ct. of App., Alameda Co.) For facts, see II DOCKET 3. Sept. 11: Ct. affirmed Trial Ct. decision for Pl., holding the First Amdt. precludes classification of religions based on consideration of validity or content. Ct. said only valid tests in determining tax exemption are objective: does belief occupy same place in lives of its holders that orthodox beliefs occupy in lives of believing majorities; does group conduct itself as other concededly religious groups do. Ct. held tax exemption for non-religious, public welfare functions of theistic groups requires similar exemption for non-religious, public welfare functions of non-theistic groups.
130.6. Washington Ethical Society v. District of Columbia (CA DC, #13646.) *
140. Miscellaneous Restrictions

140.2. People of New York v. Dean. (N. Y. Ct. of App.) Def. arrested for painting mother-in-law's house on Sunday in violation of Sabbath laws. App. Div., 2d Dept. reversed conviction (3-2). State's appeal argued in NY Ct. of App. Oct. 23, decision awaited.

Emanuel Redfield, Esq., for N. Y. Civil Liberties Union, 60 Wall St., NYC.

ASSOCIATION: As affecting the organization itself (200-239)
Booklet:

Assault upon Freedom of Association—A study of the Southern Attack on the N.A.A.C.P., by Am. Jewish Congress, 15 E. 84th, NYC.

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Law review article:

Loyalty and National Security: Commission on Government Security reports, 43 A.B.A.J. 609 (July, 1957)

200. Privileges
201. Meetings
202. Tax exemption

202.1. Communist Party v. Moysey. (U. S. Tax Ct.) *

Case note in

3 Howard Law J. 143-150 (Jan., 1957)

202.2. Green v. Javits, et al. (NY App. Div., 1st Dept.)

and

202.2a. New York ex rel. Lefkowitz v. Green, et al. (NY App. Div., 1st Dept.) For facts, see II DOCKET 4, 67. Oct. 8: consolidated appeal heard and submitted.
203. N.L.R.B. Certification
Law review note:

Power of the N.L.R.B. to Decomply Unions because of False Non-Communist Affidavits, XVII Lawyers Guild Rev. 90 (Fall 1957).


203.3. U. S. v. Pezzati, et al. (DC Colo.) For facts, see II DOCKET 33, 51. Pre-trial motions reargued Oct. 30.
201. Continued existence

204.1. N.A.A.C.P. v. Alabama ex rel. Atty. Genl. Patterson (U.S.S.C., #846.) *

Oct. 28: U.S.S.C. denied motion for leave to file amicus brief by American Jewish Congress, American Baptist Convention, Comm. on Christian Social Progress, Am. Civil Liberties Union, Am. Friends Service Comm., Am. Jewish Comm., Am. Veterans Comm., Anti-Defamation League of B'nai B'rith, Bd. of Home Missions of Congregational and Christian Churches, Council for Christian Social Action of United Church of Christ, Japanese American Citizens League, Jewish Labor Comm., Natl. Community Relations Advisory Council, United Synagogue of America, Workers Defense League.

204.2. Texas v. N.A.A.C.P., a Corp., and N.A.A.C.P. Legal Defense & Educational Fund, Inc. (6th Sup. Jud. Dist. Tex.) For facts, see II DOCKET 4, 34, 51, 67. Appeal by Defs. not prosecuted, leaving standing trial ct's. injunction in the form of declaratory judgment that Defs-organizations are subject to state statutes requiring franchise tax and prohibiting barratry.
204.3. Williams, Ga. Revenue Commr. v. N.A.A.C.P., et al. (Ga. Ct. of App.) For facts, see II DOCKET 34, 51. Defs.' mandamus action to require trial ct. to certify bill of exceptions pending.
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, 52. Defs. filed 100 interrogatories on each Pl. Pls. answered some interrogatories, filed objections to remainder. June: hearings by DC on objections; DC sustained objections to all but two interrogatories, which Pls. then answered. Sept. 16, 17, 18: trial on merits. Decision awaited.

And see 272.4, .5, .6.

And see Ark. and Little Rock v. N.A.A.C.P., 523 Ark. 4, 5.

210. Compulsory Registration
211. 1950 Internal Security Act

211.1. Communist Party of U. S. v. Subversive Activities Control Bd. (CA DC.) *
211.3. Brownell v. Labor Youth League. (CA DC.) *
211.4. Natl. Council of American-Soviet Friendship v. S.A.C.B. (CA DC.) *
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, 34. Def's motion to re-open on basis of Jencks decision (II DOCKET 74, #291.1) pending. Bd's. decision on exceptions to Examiner's recommendation pending.
211.7. Brownell v. American Peace Crusade. (SACB #117-56.) For facts, see II DOCKET 5, 34. Sept. 13: SACB struck testimony of Gov't. witness Isaac Alexander Wright and vacated previous registration order pending consideration of effect of striking this testimony.
211.8. Brownell v. California Labor School in San Francisco. (CA DC.) For facts, see II DOCKET 5, 52, 67. Petition for review of registration order pending in CA DC.
211.9. Brownell v. Am. Comm. for Protection of Foreign Born. (SACB.) For facts, see II DOCKET 5. (Case started in 1953.) Hearing Examiner's recommendation for registration order pending before SACB with Def's. exceptions thereto.
211.10. Brownell v. California Emergency Defense Committee. (SACB.) For facts, see II DOCKET 67. Hearing Examiner's recommendation for registration order pending before SACB with Def's. exceptions thereto.
211.11. Brownell v. Connecticut Volunteers for Civil Rights. (SACB.) Motion to dismiss Pl's. petition for registration order because Def.-organization defunct denied. Hearings held on motion by Def's. last executive secretary to intervene to present evidence re defunct status. Pending.

Catherine G. Roraback, Esq., 185 Church St., New Haven, Conn.

211.12. Brownell v. Save Our Sons Committee. Motion to dismiss Pl's. petition for registration order because Def.-organization defunct denied. On filing of additional memo by counsel for Def. objecting to mootness of proceeding, motion to dismiss granted.

Pearl M. Hart, Esq., 30 N. LaSalle, Chicago.

212. 1954 Communist Control Act

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212.1. Brownell v. Intl. Union of Mine, Mill & Smelter Workers. (S.A.C.B.) For facts, see II DOCKET 5, 67. Hearing in recess pending ruling on applicability of Jencks decision (II DOCKET 74, #291.1) re FBI reports to administrative proceedings.
212.2. Brownell v. United Electrical, Radio & Machine Workers. (S.A.C.B.) *
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.) *
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, 52, 68. Aug. 23: Hearing officer Coddaire sustained Guild's objections to all or parts of 19 of the 64 interrogatories originally propounded by the Atty. Genl., including questions re political affiliations of members. Grounds for decision: no proper foundation laid; questions vague and indefinite; organization couldn't be charged with information re members' affiliations. Decision submitted to Atty. Gen'l. for his action.
221.3. Assn. of Lithuanian Workers v. Brownell. (U.S.S.C.) For facts, see II DOCKET 68. Oct. 11: Atty. Genl. Brownell notified Pl.-Assn. that he had removed its name from his list, and filed memo to this effect in U.S.S.C., indicating that the case is therefore moot. Oct. 28: U.S.S.C. granted petition for certiorari; remanded to DC to dismiss for mootness.
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.) *
222. By Congressional Committees
Case note on:

Methodist Federation for Social Action v. Eastland, 141 F. Supp. 729 (DC 1956), I DOCKET 4, #162.1.

43 Cornell L. Q. 103-110 (Fall 1957).

223. By State authorities

223.1. Luscomb v. Bowker, et al. (Suffolk Co. Super. Ct.) For facts, see II DOCKET 6. Sept. 24-25: argued on demurrers, including attacks on legislative Resolve permitting publication of names of persons as "subversive" as attainder, violating separation of powers and due process, and federal preemption of field. Also attacked because copied from Resolve of House UnAmerican Activities Comm. criticized in U.S.S.C. decision in Watkins (II DOCKET 72, #271.14). Pending.
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
Law review note:

The Smith Act Reconsidered, XVII Lawyers Guild Rev. 85 (Fall 1957)


241.1. Yates, et al. v. U. S. (354 U. S. 98.) (DC Calif.)*
241.2. Mesarosh, et al. v. U. S. (DC Pa.) For facts, see II DOCKET 6, 35. Sept. 13: Gov't. asked Ct's. permission to dismiss indictments because of recent U.S.S.C. decisions (presumably Yates, 241.1, and Jencks, 291.1.) Permission granted.

Donner, Kinoy and Perlin, Esqs., 342 Madison Ave., and Hon. Hubert T. Delany, 52 Broadway, all of NYC on brief in U.S.S.C. 1956.

241.3. Wellman, et al. v. U. S. (CA 6.) (354 U. S. 951.) For facts, see II DOCKET 6, 68. Oct. 16: after remand from U.S.S.C., heard and submitted to CA 6.
241.4. Fujimoto, et al. v. U. S. (CA 9.) For facts, see II DOCKET 6, 68. Jy. 23: upon inquiry by Ct., Gov't. acknowledged error requiring reversal based on Yates decision, 241.1. Sept. 2: app'ts. filed brief arguing Yates decision requires orders of acquittal; Gov't's brief argues for new trial. Pending.
241.5. Huff, et al. v. U. S. (CA 9, #14320.) For facts, see II DOCKET 6, 68. Jy. 23: upon inquiry by Ct., Gov't. acknowledged error requiring reversal based on Yates decision, 241.1. Sept. 2: app'ts. filed brief arguing Yates decision requires orders of acquittal; Gov't's brief argues for new trial. Pending.
241.6. Sentner, et al. v. U. S. (CA 8.) For facts, see II DOCKET 6, 68. Gov't. conceded that U.S.S.C. holding in Yates (241.1) that "organizing" charge was barred by statute of limitations required reversal and remand for new trial. App'ts. motion for acquittal heard and submitted Sept. 10.
241.7. Kuzma, et al. v. U. S. (CA 3.) For facts, see II DOCKET 6. In argument before CA 3, Gov't. conceded evidence against 2 Defs. insufficient, and that all Defs. entitled to new trial under U.S.S.C. decision in Jencks (291.1).
241.8. Bary, et al. v. U. S. (CA 10.) For facts, see II DOCKET 6, Aug. 23: after argument, convictions reversed and remanded for new trial because trial ct's. instructions re "organizing" charge contained error, under U.S.S.C. decision in Yates (241.1).
241.9. Brandt, et al. v. U. S. (CA 6.)*
241.10. Silverman, et al. v. U. S. (CA 2.) For facts, see II DOCKET 7. Sept. 11: convictions of 5 Defs. reversed (2-1) because Gov't's. "circumstantial proof" of advocacy "too full of gaps", no examples of "incitement". "We would mock both fair trial and free speech as meaningful constitutional guarantees were we to ignore the deficiencies of this record." Gov't's. motion for rehearing denied en banc.
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241.11. Jackson, et al. v. U. S. (formerly entitled Charney, et al. v. U. S.) (CA 2.) For facts, see II DOCKET 7. Appeal pending.

Mary M. Kaufman, Esq., 201 W. 85th, NYC; Prof. Boris I. Bittker, Esq., New Haven, Conn.

241.12. U. S. v. Russo, et al. (DC Mass.) For facts, see II DOCKET 7, 35, 69. One Def. died. Counts on conspiracy to organize Communist Party dismissed. Motions to dismiss as to other counts denied. Gov't. agreed to waiver of jury. Gov't. dismissed indictment against one Def. Trial date: Nov.
241.13. U. S. v. Mirabel, et al. (DC Puerto Rico.) For facts, see II DOCKET 7, 52. Decisions on motions to dismiss pending.
242. Smith Act: mere membership

242.1. Lightfoot v. U. S. (U.S.S.C.) For facts, see II DOCKET 7, 69. After Gov't. conceded conviction must be reversed under Jencks decision (291.1.), U.S.S.C. Oct. 14 reversed and remanded for new trial.
242.2. Scales v. U. S. (U.S.S.C.) For facts, see II DOCKET 7, 69. After Gov't. conceded conviction must be reversed under Jencks decision (291.1.), U.S.S.C. Oct. 14 reversed and remanded for new trial.
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 (SD Ind.)*
242.7. U. S. v. Russo (DC Mass.)*
242.8. U. S. v. Hellman (DC Mont.)*
243. 18 U.S.C. 2384

243.1. Lebron, et al. v. U. S. (SD NY.) (222 F. 2d 531, 350 U. S. 876.) For facts, see I DOCKET 4, #120.1. While serving sentences for conspiracy to overthrow Gov't. by force as members of Puerto Rican Nationalist Party, Defs. presented motion for new trial to trial judge on basis of U.S.S.C. decision in Jencks (291.1), since Def's. counsel had been denied access to many FBI reports of Gov't. witnesses. Pending.

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

243.2. Castro, Valle, et al. v. U. S. (SD NY.) For facts, see I DOCKET 5, 52, 89, #120.2. While serving sentences for conspiracy to overthrow Gov't. by force as members of Puerto Rican Nationalist Party, Jy. 15 Defs. presented oral argument to trial judge for new trial, based on U.S.S.C., decision in Jencks (291.1). Pending.

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

244. State laws

244.2. Pennsylvania v. Onda. (Pa. Ct. of Common Pleas.)*
244.4. Alabama v. Rev. King, et al. (Ala. S. Ct.)*

And see Alabama v. Tuskegee Civic Assn., 501.6.

244.5. Louisiana v. G. and J. Jenkins. (Crim. Dist. Ct., Orleans Parish, #156-434Y, #156-430A; Crim. Dist. Ct., Baton Rouge Parish.) For facts, see II DOCKET 53. Motion to dismiss on ground that Ct. without jurisdiction to try offense charged under U.S.S.C. decision in Nelson, 350 U. S. 497, heard and submitted.
250. Civil Disabilities: Federal
251. Federal employment
Law review note:

Government Employees (Cases in U.S. Supreme Court, Oct. Term 1956). XVII Lawyers Guild Rev. 89 (Fall 1957).


251.4. Service v. Dulles. (DC DC.) (354 U. S. 363.) For facts, see II DOCKET 8, 69. Jy. 3: DC ordered Pl. restored to job in State Dept. as of Dec. 14, 1951, the day he was discharged. (Pl. to receive difference between what his Gov't. pay would have been and what he has earned in other employment.)
251.5. J. Duncan v. Summerfield, U. S. Postmaster. (CA DC.)*
251.6. A. Duncan v. Blattenberger, U. S. Public Printer. (DC DC, #4203/56.)*
251.7. Tucker v. Brucker. (CA DC.)*
251.8. Bernabei v. Summerfield. (CA DC.)*
251.9. Vitarelli v. Seaton. (DC DC.)*
251.10. Coleman, et al. v. Brucker. (DC DC.)*
252. Deprivation of passport rights

252.2. Dayton v. Dulles. (CA DC.) For facts, see II DOCKET 8, 36. Oct. 24: CA held (2-1) that findings of Secy. of State may be based on confidential evidence. (Pl. had denied, under oath, all the findings by Def.)
252.3. Stewart v. Dulles. (State Dept.) For facts, see II DOCKET 36, 69. CA denied motion for reargument. Hearing pending in State Dept.
252.4. Chodorov v. Dulles. (CA DC.)*
252.21. Kent v. Dulles. (U.S.S.C.) For facts, see II DOCKET 8, 36, 69. Petition for cert. filed.
252.22. Briehl v. Dulles. (U.S.S.C.) For facts, see II DOCKET 8, 36, 69. Petition for cert. filed.
252.23. Leff v. Dulles. (DC DC.)*
252.24. DuBerg v. Dulles. (DC DC.)*
252.25. Lamont v. Dulles. (DC DC.)*
253. Unfavorable Army discharges

253.4. Harmon v. Brucker. (U.S.S.C., #80.)*

Case note in

25 George Washington Law Review 616-619 (April, 1957.)

253.5. Marshall v. Brucker. (U.S.S.C., #839 Misc.—1956.) (243 F. 2d 834.)*
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253.6. Abramowitz v. Brucker. (U.S.S.C.) (243 F. 2d 834.)*
253.7. Bland v. Hartman, et al. (Navy Discharge Review Bd.) For facts, see II DOCKET 9, 70. Jy.: after hearing, Navy Discharge Review Bd. refused to upgrade type of Navy reserve discharge.
254. Deprivation of veterans disability payments

254.1. Wellman v. Higley, Admr. Veterans Affairs. (CA DC.)*
254.2. Thompson v. Veterans Admin. (DC DC.) For facts, see II DOCKET 9. All administrative remedies having been exhausted, suit filed in DC DC. Pending.

Robert Z. Lewis, Esq., 11 E. 51st, and Mary Kaufman, Esq., 201 W. 85th, both of NYC.

255. Deprivation of Social Security rights
256. Deprivation of housing rights
257. Deprivation of Federal Licenses

257.2. In re Application of Lafferty for Renewal of Radio Operator's License. (Fedl. Comm. Comm.)*
258. Deportation proceedings
Law review note:

The Alien and the Court, XVII Lawyers Guild Rev. 102 (Fall 1957).


258.1. Rowoldt v. Perfetto. (U.S.S.C., #34.) For facts, see II DOCKET 10. Oct. 14: reargument; decision awaited.
258.2. Re Janosco. (Immigration and Naturalization Service.)
259. Denaturalization proceedings

259.1. Nowak v. U. S. (U.S.S.C., #72.) Appt., naturalized in 1938, appealing from order of denaturalization based on alleged membership in Communist Party at time of naturalization. Gov't. states such conduct proves lack of good moral character, lack of attachment to principles of U. S. Constitution, and that Appt. lied when he swore he was so attached and denied association with organization advocating violent overthrow of Gov't. U.S.S.C. granted petition for certiorari, including issues: naturalized citizens' rights under First Amdt., and to claim privilege against self-incrimination in cross-examination in denaturalization proceeding, sufficiency of evidence, DC's denial of motion to examine FBI reports of Gov't. witnesses (under Jencks decision, 291.1). Oct. 14: petition to proceed in forma pauperis granted.

Ernest Goodman and George W. Crockett, Jr., Esqs., 3220 Cadillac Tower, Detroit.

Amicus brief filed by National Lawyers Guild, by Osmond K. Fraenkel, Esq., 120 Broadway, and Jessica Davidson, Esq., both of NYC.

259.2. Maisenberg v. U. S. (U.S.S.C., #76.) Facts, issues and status similar to Nowak, 259.1.

Ernest Goodman and George W. Crockett, Jr., Esqs., 3220 Cadillac Tower, Detroit.

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.)*
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.)*
261.5. Reif v. NYC Dept. of Hospitals. (NYC Corporation Counsel.) For facts, see II DOCKET 10, 37, 70. Decision by Corporation Counsel awaited.
261.7. Crowe v. County of Wayne, Mich. (Cir. Ct. Wayne Co.)*
261.9. Wolstenholme v. Oakland Library Bd. (Alameda Co. Super. Ct.)*
261.10. Gottlieb v. City of New Orleans. (La. Ct. of App., Parish of Orleans, #20977.) Pl. suing on written contract with Def.-City under which Pl. employed to write book of departmental regulations. Upon Pl's. refusal to answer questions re his political beliefs, affiliations and associates, Def. ceased payment on contract. During trial in First City Ct. of New Orleans, Ct. asked Pl. question re political beliefs and affiliation, which Pl. answered. On appeal, Pl. charges asking of such question was error because irrelevant, raises constitutional questions. Pending. George A. Dreyfous, Esq., 1609 National Bank of Commerce Bldg., New Orleans.
262. Teaching
Report:

Academic Freedom Comm. of Am. Civil Liberties Union, Statement on "Rights and Responsibilities of Universities and their Faculties" by Assn. of Am. Universities, and Related Dismissals of Profs. Nickerson and Davis by U. of Michigan. 1957. 170 Fifth Ave., NYC.

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.)*
263.2. Re Albertson. (NY Unemp. Ins. Appeal Bd.) For facts, see II DOCKET 54. Unemp. Ins. Referee held: (1) employment by Communist Party does not count toward employment base because Party not a legal employer; (2) employment by Civil Rights Congress does count toward employment base. Claimant appealing from (1); State Industrial Commr. appealing from (2).

And see 346.

264. Denial of State licenses
265. Proceedings against attorneys and Bar applicants
Law review note:

The Changed Atmosphere for the Practice of Law, XVII Lawyers Guild Rev. 104 (Fall 1957).


265.3. Florida v. Sheiner. (Fla. Sup. Ct.)*
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265.4. In re Schlesinger. (Allegheny Co. Common Pleas Ct., Pa.) For facts, see II DOCKET 11. Apr. 15, 1957: Subcomm. of Comm. on Offenses submitted lengthy report to full Comm., including findings of Communist Party membership. May 15: Comm. approved report and recommendation of disbarment filed with Ct. Oct.: Comm. moved Ct. for hearing. Ct. postponed hearing until Dec. on its own motion.
265.5. In re Steinberg. (Allegheny Co. Common Pleas Ct., Pa.) For facts, see II DOCKET 11. Apr. 15, 1957: Subcomm. of Comm. on Offenses submitted lengthy report to full Comm., including finding of Communist Party membership. May 15: Comm. approved report and recommendation of disbarment, filed with Ct. Oct.: Comm. moved Ct. for hearing. Ct. postponed hearing until Dec. on its own motion.
265.20. Schware v. Bd. of Bar Examiners of N. Mex. For facts, see II DOCKET 11, 71. Cite: 353 U.S. 232.
265.21. Konigsberg v. State Bar of California and Comm. of Bar Examiners. (Comm. of Bar Examiners.) (353 U.S. 252.) For facts, see II DOCKET 11, 37, 71. Pending administratively.
265.22. Patterson v. Oregon State Bd. of Bar Examiners. (Ore. Sup. Ct.) (353 U.S. 952.)*
265.23. Re Anastaplo. (Ill. Sup. Ct.) For facts, see II DOCKET 71. Sept. 17: Ill. Sup. Ct. held Comm. on Character and Fitness should have allowed Pet's. petition for rehearing and heard evidence. "Principle question" on rehearing: "significance of * * * applicant's views as to * * * overthrow of gov't. by force in * * * light of [U.S.S.C. decisions in] Konigsberg (265.21) and Yates (241.1)." Comm. requested to hold hearing and report evidence and its conclusions.
266. Deprivation of right to tax exemption

266.1. Speiser v. Randall and Foley. (U.S.S.C.) (311 P. 2d 544.)*
266.2. Prince v. City and Co. of San Francisco. (U.S.S.C.) (311 P. 2d 544.)*

And see First Unitarian Church, 130.3.

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

268.1. Parker, et al. v. Lester, et al. (ND Calif.)*
268.3a. Dupree v. U. S. (CA 3.)*
268.5. Re Dressler. (Secy. of Defense Wilson.) For facts, see II DOCKET 38, 72. Aug. 7: Motion for review denied.

And see 268.5b.

268.5b. Dressler v. Wilson, et ano. (DC DC.) Action for declaratory judgment and for injunction against Def. Secy. by ex-employee of Wis. Telephons Co. to set aside and restrain from maintaining in effect a determination that Pl. be denied access to classified information. Pl. never did classified work or requested such access; discharged by Co. because Defense Dept. "suspended" his clearance. Charge: affiliation with and activity in Socialist Workers Party. Issues: 1) does Defense Dept. have jurisdiction to issue such ruling; 2) was Pl. given due process hearing before Industrial Personnel Hearing Board. Oct. 17: DC denied preliminary injunction because Bd. had such implied authority, and due process either not required at hearing, or provided. To be appealed.

David Schribner, Esq., 15 William St., NYC; M. Michael Essin, Esq., 623 N. 2d St., Milwaukee, Wis.; Forer and Rein, Esqs., 711 14th St. NW, Washington, D.C.

268.5a. Dressler v. Wis. Emp. Relations Bd. (Cir. Ct., Milw. Co. #266—453.) For facts, see II DOCKET 72. Trial date: November.
268.7. Kreznar v. Wilson. (DC DC.)*
268.8. Webb v. U. S., et al. (ED Pa.)*
268.9. Bessell v. Eastern Industrial Personnel Security Hearing Bd. (ED Pa.) Pl.-employee of Radio Corp. of America barred from working on classified work after hearing before Def. Bd. in April 1957. Sept. 20: Pl. filed suit alleging that sole reason for denial of clearance was participation in early 1930 "depression march", that Bd's. action constituted denial of due process, and testing constitutionality of Bd's. authority. Pending.

William J. Woolston, Esq., 2015 Land Title Bldg., Philadelphia 10, Pa.

269. Private employment—other

269.1. Faulk v. AWARE, Inc., et al. (N.Y. Sup. Ct., N. Y. Co.) For facts, see II DOCKET 12. Jy. 30: argument on motion to strike Defs. amended defenses. Because Judge died before rendering decision, to be reargued.
269.2. Allen v. Local 1976, Carpenters Union—AFL-CIO. (Los Angeles Dist. Ct. of App.)*
270. Criminal Penalties for Non-disclosure
271. Congressional Committees
Law review note:

The Court and Congressional Committees, XVII Lawyers Guild Rev. 80 (Fall 1957).


271.5. U. S. v. Davis. (WD Mich.) For facts, see II DOCKET 12, 38. Jy: Def. convicted, 6 mth. sentence. To be appealed.

Report:

Academic Freedom Comm. of Am. Civil Liberties Union on Dismissal of Dr. H. Chandler Davis by the U. of Michigan, Sept. 15, 1957, 170 Fifth Ave., NYC.

271.6. U. S. v. Watson. (CA DC.)*
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271.7. U. S. v. Barenblatt. (CA DC.) (354 U. S. 930.) For facts, see II DOCKET 12-13, 38, 72. Oct. 23: heard and submitted to CA DC on remand from U.S.S.C.
271.8. U. S. v. Lorch. (SD Ohio, W. Div. #3185.)*
271.9. U. S. v. Russell. (CA DC, #13529.) For facts, see II DOCKET 13. Def's. motion for summary reversal on basis of U.S.S.C. decision in Watkins (271.14) and CA DC decision in Singer (331.3, II DOCKET 75) pending.
271.10. U. S. v. Deutch. (CA DC.) For facts, see II DOCKET 13, 38. Def's. motion for summary acquittal on basis of U.S.S.C. decision in Watkins (271.14) and Sweezy (272.1) and CA DC decision in Singer (331.3, II DOCKET 75) pending.
271.11. U. S. v. Sacher. (CA DC.) (354 U.S. 930). For facts, see II DOCKET 38, 72. Oct. 23: heard and submitted to CA DC on remand from U.S.S.C.
271.12. U. S. v. Gojack. (CA DC.)*
271.13. U. S. v. Metcalf. (SD Ohio.)*
271.14. Watkins v. U. S. (U.S.S.C.) For facts, see II DOCKET 13, 72. Cite: 354 U.S. 178.
271.15. Shelton v. U. S. (CA DC.) For facts, see II DOCKET 38, 55. Motion for summary reversal under U.S.S.C. decision in Watkins (271.14) pending.
271.16. U. S. v. Whitman. (DC DC.)*
271.17. Knowles v. U. S. (CA DC.) For facts, see II DOCKET 39. Def's. brief and record filed in CA. Aug. 29: Gov't. moved extension of time to file brief till 20 days after CA DC decision in Sacher (271.11) Barenblatt (271.7).
271.18. Peck v. U. S. (DC DC.) For facts, see II DOCKET 39, 55, 73. Jy. 11: on remand from CA DC, Judge Youngdahl acquitted, held "abuses" by UnAmerican Activities Comm. detailed in U.S.S.C. decision in Watkins (271.14) applied equally to Sen. Internal Security subcomm., as did requirement of pertinency and vagueness of authorizing resolution.

"* * * these hearings consisted of the questioning of persons employed in the newspaper field, in radio and television * * *. To inhibit the freedom of thought and association of newspapermen is to infringe upon the freedom of the press.

"Peck did not refuse to answer questions relating to espionage, sabotage, or the overthrow of the government by force and violence * * *. The infringement stems from the * * * summoning an individual, compelling him to disclose his past political associations, and insisting that he reveal the views and associations of his friends and colleagues. In so doing, the Subcomm. invaded [his] * * * protected freedoms of privacy, thought, and association * * *. There is little, if any, national interest to be served by engaging in so indiscriminate a resurrection of the political past—and whatever interest there is, is more than counterbalanced by the deprivation of First Amendment rights * * *. The desire to check upon the reliability of a friendly witness is insufficient [justification for requiring Def. to answer question about another person's politics.] * * * Nevertheless, the existence of such a [communist] conspiracy at this time does not justify the subjecting to rigorous public examination by the legislature of the entire history of every individual who has at any time in the past had any connection with the Communist movement."

271.19. Price v. U. S. (CA DC.) For facts, see II DOCKET 39, 56. Motion for summary reversal under U.S.S.C. decision in Watkins (271.14) pending. Gov't's. request for extension of time to file answer granted.
271.20. Liveright v. U. S. (CA DC.) For facts, see II DOCKET 39,56. Motion for summary reversal under U.S.S.C, decision in Watkins (271.14) pending. Gov't's. request for extension of time to file answer granted.
271.21. U. S. v. Nathan. (DC DC.)*
271.22. U. S. v. Miller. (CA DC.)*
271.23. U. S. v. Sullivan. (SD NY, #152—238.)

and

271.24. U. S. v. Yarus aka Tyne. (SD NY, #15586.)

and

271.25. U. S. v. Seeger. (SD NY.) For facts, see II DOCKET 56, 73. Motion pending for rehearing on motion to dismiss indictment in view of Watkins (271.14.)
271.26. U. S. v. Kling. (ED Mo., E. Div., #28722 Div. #1.)*
272. State committees

272.1. Sweezy v. New Hampshire by Atty. Genl. Wyman. (U.S.S.C.) For facts, see II DOCKET 13, 73. Cite: 354 U.S. 234.

Law review note:

The Court and Congressional Committees, XVII Lawyers Guild Rev. 80 (Fall 1957.)

272.2. New Hampshire v. Uphaus. (U.S.S.C., #332.) For facts, see II DOCKET 13, 56. Oct. 14: Per curiam: judgment vacated, remanded to N.H. Sup. Ct. for consideration in light of Sweezy (272.1).
272.3. New Hampshire by Wyman v. De Gregory. (N.H. Sup. Ct., #4563.) For facts, see II DOCKET 39, 56. Sept. 4: reargued and decision awaited.
272.4. N.A.A.C.P., Va. Conference of N.A.A.C.P., et al. v. Ames. (ED Va.) For facts, see II DOCKET 56. When case came on for preliminary hearing, DC continued it pending disposition in state ct. of 272.5, involving identical questions.
272.5. N.A.A.C.P., Va. Conference of N.A.A.C.P., et al. v. King, Va. Legislative Comm. on Racial Activities. (Va. S. Ct. of App.) Individuals subpoenaed by Va. state legislative comm. moved in trial ct. to have subpoenas quashed. On denial of motion, application for certiorari filed in Va. S. Ct. Pending.

S. N. Tucker, Esq., Emporia, Va.

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272.6. Virginia Legislative Comm. on Racial Activities v. Brown. (Arlington Cir. Ct.) Sept. 15: Pl. Comm. sought Ct. order compelling Def.-atty. to submit his fee records to it in connection with investigation to determine whether any organizations are soliciting legal business, providing fees for clients. Ct. granted order. Def. supplied some information, declined to supply other information on constitutional grounds.

And see 204.4.

273. Legal and administration tribunals
273.3 Non-crim. Nukk, et al. v. Shaughnessy (SD NY.)*
274. Refusal to produce records

274.1. Flaxer v. U. S. (CA DC.) (354 U. S. 929). For facts, see II DOCKET 14, 74. Oct. 23: reargued in CA DC on remand from U.S.S.C. Decision awaited.
274.2. U. S. v. Baxter. (ED Mich., SD.)*
274.3. McPhaul v. U. S. (CA 6.)*
280. Civil Penalties for Non-disclosure

280.1. Savelle and Nostrand v. U. of Wash., et al. (Wash. Sup. Ct.) For facts, see II DOCKET 14, 39, 74. While Def's. appeal pending, Civil Liberties Union petitioning Atty. Genl. for ruling making Super. Ct. decision binding on state-wide basis.
280.4. Bd. of Higher Education v. Allen, Hughes, et al. (N. Y. App. Div., 3d Dept.)

and

280.5. Bd. of Education v. Allen, et al. (N. Y. App. Div., 3d Dept.) For facts, see II DOCKET 14, 39, 74. Appeal from affirmance of decision by Supt. of Education that teachers need not "inform" pending.
290. Penalties for False Disclosure
291. Taft-Hartley oath

291.1. Jencks v. U. S. (353 U. S. 357.) (DC.)*

Law review note:

Illegal enforcement of the criminal law: problems of due process, XVII Lawyers Guild Rev. 106 (Fall 1957.)

291.3. Bryson v. U. S. (U.S.S.C., #171.) (243 F. 2d 837.) For facts, see II DOCKET 15, 74. Oct. 14: U.S.S.C. denied petition for certiorari.
291.4. Travis v. U. S. (CA 10.) For facts, see II DOCKET 15, 57. July 15: CA 10 reversed conviction, ordered new trial because Def's. character witnesses were questioned about Def's. claim of privilege against self-incrimination before Sen. Comm.
291.5. Lohman v. U. S. (CA 6.) For facts, see II DOCKET 15. Aug. 30: motion for summary reversal filed on basis of U.S.S.C. decision in Jencks (291.1.) Pending.
291.6. U. S. v. Killian. (CA 7.) For facts, see II DOCKET 15, 40. June 15: CA affirmed conviction. Aug. 19: on Def's. petition for rehearing, CA reversed and remanded for new trial, based on U.S.S.C. decision in Jencks (291.1). Sept. 11: Gov't. moved to set cause for trial in DC.
291.7. U. S. v. Haug, et ano. (ND Ohio ED.)*
291.20. U. S. v. West, Haug, et al. (ND Ohio, ED, #22230.) For facts, see II DOCKET 40, 74. Trial dates of Sept. 16 and Nov. 4 withdrawn. Counsel appointed by Ct. for several Defs. New trial date: Jan. 1958.
292. Government Security Questionnaires

292.1. U. S. v. McDaniel. (ED Wash., S. Div., #C-4519.) For facts, see II DOCKET 15, 74. At conclusion of Govt's. case, trial judge ordered verdict of acquittal. Evidence showed Def. had signed security questionnaire on A.E.C. form to obtain employment for contractor for A.E.C. Def. answered "No" re membership in organizations listed on "Current" Atty. General's list, and later wrote signature on "Supplemental" list, containing names of 2 organizations to which he had belonged, but containing no question re membership therein. Ct. stated 2 truthful documents could not be combined to make one false one.
II. DUE PROCESS AND RELATED RIGHTS (FOURTH, FIFTH, SIXTH, SEVENTH, EIGHTH AND FOURTEENTH AMENDMENTS) (300-499)

Law review note:

Illegal enforcement of the Criminal Laws: problems of due process, XVII Lawyers Guild Rev. 106-117 (Fall 1957.)

Law review articles:

52 Northwestern Univ. Law Rev., No. 1 (March-April 1957) contains articles in a symposium entitled, "Are the Courts Handcuffing the Police? A symposium on Law and Police Practice", as follows:

James Francis Coakley, Restrictions in the Law of Arrest, p. 2.

Caleb Foote, Safeguards in the Law of Arrest, p. 16. Virgil W. Peterson, Restrictions in the Law of Search and Seizure, p. 46.

Monrad G. Paulsen, Safeguards in the Law of Search and Seizure, p. 65.

Fred E. Inbau, Restrictions in the Law of Interrogation and Confession, p. 77.

Samuel S. Leibowitz, Safeguards in the Law of Interrogation and Confessions, p. 86.

300. Searches and Seizures
301. Wiretapping

301.3. Wirin v. Parker, L. A. Police Chief. (Calif. Sup. Ct.) (48 Calif. A. C. 899.) For facts, see II DOCKET 15, 40. Aug. 7: Calif. Sup. Ct. reversed (5-2) trial ct's. denial of Pl's. taxpayer's suit for injunctive relief against Def's.
- 11 -

use of dictograph surveillance, because such use violates U. S. Constitution, Fourth, Fourteenth Amdts., Calif. Const., Art. I, sec. 19. Ct. held: (1) "It is elementary that public officials must themselves obey the law. It has been expressly held in this state that expediency cannot justify the denial of an injunction against the expenditure of public funds in violation of the constitutional guarantees here involved." (2) In taxpayer's suit, "it is immaterial that the amount of the illegal expenditure is small or that the illegal procedures permit a savings of tax funds."
301.5. Costello v. U. S. (SD NY) For facts, see II DOCKET 40. Oct. 23: Def's. motion to dismiss Pl's. action to set aside conviction heard and submitted after Pl. added third ground of alleged violation of due process: Internal Revenue Service investigation of income tax returns of prospective jurors in Pl's. 1954 trial.
301.6. Benanti v. U. S. (U.S.S.C.) (244 F. 2d 389.) For facts, see II DOCKET 75. Oct. 8: U.S.S.C. granted Def's. appeal; Oct. 21: argued and submitted.
301.7. Lanza v. N. Y. State Joint Legislative Comm. on Gov'tal. Operations. (U.S.S.C., #377.) Apr. 29, 1957: Pl. obtained temporary injunction in N. Y. Sup. Ct. against public use by Def.-Comm. of recording made of conversations between Pl. and his counsel while Pl. in jail. Spec. Term denied Def's. motion to dismiss injunction. App. Div. reversed; N. Y. Ct. of App. affirmed. Issues: whether surreptitious recording violated confidential relationship between counsel and client; whether Ct. had authority to enjoin legislative proceeding under these circumstances. Oct. 21: U.S.S.C. petition for certiorari denied.

Emanuel Redfield, Esq., 60 Wall St., and Edward H. Lewine, Esq., both of NYC.

302. Other Federal cases

302.1. Hinton v. Eastland, et al. and In the Matter of Investigation of Possible Violations of Title 22, U.S.C. 611-621. (CA DC.) For facts, see II DOCKET 15. While service being made on Def.-members of Sen. Internal Security Subcomm., Pl's. papers turned over to U. S. Atty., whom Ct. declined to add as party Def. Special proceeding filed to direct U. S. Atty. to return property illegally seized; application denied. Appeal pending before CA DC.

James T. Wright, Esq., 2003 Twelfth St. NW, Washington, D.C., and Milton H. Friedman, Esq., 342 Madison Ave. NYC.

302.3. Kremen v. U. S. (U.S.S.C.) (353 U. S. 346.)*
303. Other State cases

303.1. Levy v. Grant, et al. (S. Dist. Calif.)*
303.4. People of NY v. Silfa, Silfa v. Kennedy. (NY Ct. of App.) For facts, see II DOCKET 57. Ct. of App. affirmed App. Div., but in trial on illegal practice of dentistry, Def. acquitted. Dist. Atty. dismissed case based on Def's. possession of hypodermic syringe which had been found by police in search without warrant.
303.5. Franklin, et al. v. Gough, et al. (Los Angeles Superior Ct.) For facts, see II DOCKET 75. Suit dismissed without prejudice.
310. Indictment
311. Composition of grand jury (see also 510)
312. Character of evidence
Law review note

The Incredible Informer and the Court, XVII Lawyers Guild Rev. 88 (Fall 1957.)


312.1. Colbert v. Kentucky (Ky. Ct. of App.) Def. convicted of robbery in trial in which results of lie detector test were said to show him guilty. Ct. of App. reversed, held this sort of lie detector evidence inadmissible. Appendix to brief contains 31 decisions from 17 states disapproving use of lie detector evidence.

Irving I. Friedman and Robert W. Zollinger, Esqs., Realty Bldg., Louisville, Ky.

320. Double Jeopardy
321. Federal cases
330. Self-incrimination: Criminal Sanctions
Law review notes:

The privilege against self-incrimination in the Federal Courts, 70 Harvard Law Rev. 1454-1465 (June 1957).

Evidence—Self-incrimination—links and dues—questions innocent on face: U. S. v. Trock, 351 U. S. 976 reversing 232 F. 2d 839 (CA 2 1956), 3 Howard Law J. 137-143 (Jan. 1957.)

331. Congressional Committees

331.4. McKenzie v. U. S. (U.S.S.C.) For facts, see II DOCKET 16, 75. Solicitor Genl. confessed error; stated Def. did have right to exercise privilege against self-incrimination in answering questions re identification. Petition for certiorari pending.
331.5. Wollam v. U. S. (U.S.S.C.) For facts, see II DOCKET 16, 75. Solicitor Genl. confessed error; stated Def. did have right to exercise privilege against self-incrimination in answering questions re identification. Petition for certiorari pending.
331.6. Simpson v. U. S. (U.S.S.C., #131.) For facts, see II DOCKET 16, 58, 75. Solicitor Genl. confessed error; stated Def. did have right to exercise privilege against self-incrimination to answer identifying questions on which indictment based. Oct. 14: U.S.S.C. granted petition for certiorari, reversed conviction.
331.7. U. S. v. William Davis. (ED Mo., E. Div.)*
331.8. U. S. v. Simpson (ED Mo., E. Div.)*
332. State Committees
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333. Grand juries and tribunals

333.2. Brown v. U. S. (U.S.S.C.) For facts, see II DOCKET 16, 41, 75. Oct. 21: case reargued.
333.3. Phillips v. U. S. (CA 9.)*
333.3a. Daschbach v. U. S. (CA 9.)*
333.3b. Pettus v. U. S. (CA 9.)*
333.4. Yates v. U. S. (U.S.S.C.) For facts, see II DOCKET 16, 76. Oct. 21: case reargued.
333.6. Matles v. U. S. (CA 2.) For facts, see II DOCKET 58, 76. Jy.: DC ordered denaturalization case reopened, under U.S.S.C. decision in Jencks (291.1), for cross-examination of Gov't. witnesses Malkin, Kornfeder and Pitcoff; Gov't. directed to produce FBI reports of the three. Sept. 23: trial reopened. Petition for certiorari in contempt action pending in U.S.S.C.
334. Grants of immunity: federal
Law review articles:

Maxwell Brandwen, Reflections on Ullmann v. United States, 350 U. S. 422 (1956) 57 Columbia Law Rev. 500-517 (April, 1957).

O. John Rogge, The New Federal Immunity Act and the Judicial Function, 45 Calif. Law Rev. 109-133 (May, 1957).


334.2. U. S. v. Glasser, Symonds, Oda, McElarth. (CA DC.) For facts, see II DOCKET 58, 76. CA DC reversed, with directions to dismiss Gov't's. application for immunity.
335. Grants of immunity: state

335.1. Morgan v. Ohio (Ohio Sup. Ct.) (354 U. S. 929.)*
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 v. Ohio (Ohio Sup. Ct.) (354 U. S. 929.)*
335.5. Ohio v. Slagel, et al. (Ohio Ct. of App.)*
335.6. Ohio v. Arnold, et al. (Ct. of App. 9th Dist., #4524-31.) For facts, see II DOCKET 17, 76. Sept. 17: heard and submitted.

Amicus brief filed by National Lawyers Guild by Osmond K. Fraenkel, Esq., 120 Broadway, and David Freedman, Esq., 320 Broadway, both of NYC.

335.7. Knapp v. Schweitzer. (U.S.S.C.) (141 NE 2d 825.) For facts, see II DOCKET 76. Oct. 14: petition for certiorari granted.
336. Miscellaneous

336.1. Lambert v. California. (U.S.S.C. #590.)*
340. Self-incrimination: Civil Sanctions
Law review article:

Leonard G. Ratner, Consequences of exercising the privilege against self-incrimination, 24 Univ. of Chicago L. R. 472-511 (Spring 1957).

341. Army discharges
See cases at 253.
342. Employment—Public teachers
Case note on:

Slochower v. Bd. of Education, 350 U. S. 551 (1956), II DOCKET 342.1 in 30 So. Calif. L. R. 346-350 (Apr. 1957).


342.2a. Shlakman, et al. v. NY Bd. of Higher Education (Sup. Ct., Kings Co., NY.) For facts, see II DOCKET 41, 58. No appeal taken.
342.2b. Austin v. NY Bd. of Higher Education. (Sup. Ct., Kings Co., NY.) Suit for damages, brought by Pl.-teacher dismissed by Def-Bd. for claim of constitutional privilege against self-incrimination. Pending.

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

342.3. Laba, et al. v. Newark Bd. of Educ. (Newark Supt. of Schools.) For facts, see II DOCKET 17, 41-2, 58, 77. After report of Supt. of Schools, Bd. of Educ. reinstated Mrs. Laba with back pay, directed public hearings before it on question of two other Pls. fitness to teach.
342.4. Mass v. San Francisco Bd. of Educ. (Cal. Super. Ct.)*
342.5. Schuyten v. Contra Costa Bd. of Educ. (Calif. Dist. Ct. of App.)*
342.9. Bailan v. Bd. of Education. (U.S.S.C., #668.) (386 Pa. 82, 125 A. 2d 327, 353 U. S. 964.)*
343. Employment—Other public officers

343.1. Lerner v. Casey, formerly entitled Lerner v. Transit Authority. (U.S.S.C., #165.) For facts, see II DOCKET 18, 42, 59. Oct. 14: U.S.S.C. granted appeal.
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.)*
344. Employment—Private

344.2. Wilson, et al. v. Loew's, Inc., et al. (U.S.S.C., #33.)* U.S.S.C. granted Am. Civil Liberties Union leave to file amicus brief.
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.) For facts, see II DOCKET 59. Suit dismissed.
344.5. Gottlieb v. Universal Pictures Co., Inc. (Los Angeles Mun. Ct.) Action for breach of contract. Pl. invoked Fifth Amdt. during testimony before Congressional Comm. and was discharged, employer claiming discharge warranted under clause authorizing discharge for "good and sufficient cause." Pending.

A. L. Wirin and Robert R. Rissman, Esqs., 257 S. Spring St., and Paul M. Posner, Esq., all of Los Angeles.

- 13 -

344.6. United Electrical, Radio and Machine Workers of America, Local 610 v. Westinghouse Airbrake Co. (Allegheny Co. Ct. of Common Pleas, #3132.) Two employees, Union officers, suspended, then discharged for refusal to testify re past Communist Party membership before Sen. Comm., claiming privilege against self-incrimination. Pl. filed grievance leading to arbitration. Adverse finding by arbitrators being appealed; to be heard by Ct. en banc.

Marjorie Hanson Matson, Esq., 1708 Law & Finance Bldg., Pittsburgh; David Cohen, Esq., Suite 612 Market St. Natl. Bank Bldg., Philadelphia.

344.7. Nelson v. General Electric. (Municipal Ct. for Dist. of Col., #M6521-57.) Pl.-employee discharged by Def. following claim of privilege against self-incrimination before Sen. Internal Security Comm. Pl. suing for damages and injunction, claiming discharge violates Union-Company contract.

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

345. Attorneys
346. Unemployment insurance

346.1. Kilpatrick v. Bureau of Unemployment Compensation. (Cuyahoga Co. Com. Pleas Ct., #669433.)*
346.2. Ostrofsky, et al. v. Maryland Employment Security Bd. and Bethlehem Steel Co. (Baltimore City Super. Ct.) Pls.-employees of Beth. Steel, invoked Fifth Amdt. privilege against self-incrimination before Un.-Am. Activities Comm.; Def.-Co. discharged them as security risks, for engaging in conduct detrimental to business interests of Co. Claim for unemployment compensation denied; Def.-Bd. affirmed. Appeal pending.

Fred E. Weisgal and Stanley Sollins, Esqs., 817 Fidelity Bldg., Baltimore, Md.

350. Due Process
351. Delay in arraignment
352. Grand Jury procedures
353. Confessions

353.1. Fikes v. Alabama. (U.S.S.C.) For facts, see II DOCKET 42. Cite: 352 U. S. 191.

Case note in

45 Georgetown L. J. 695 (Summer 1957.)

354. Unfair press releases
355. Perjured testimony

355.2. Landeros v. New Jersey. (DC N.J.) For facts, see II DOCKET 18-19, 59. DC dismissed petition for writ of habeas corpus. No appeal pending.
355.4. Sobell v. U. S. (U.S.S.C., #440, 441.) (244 F. 2d 520.) For facts, see II DOCKET 43, 77. Two petitions for certiorari pending. Oct. 28: motion to vacate denial of petition for certiorari in original case (1952, #112.) denied.
355.6. Yiannopoulos v. Robinson, Dist. Dir. (CA 7, #11816.) DC ordered deportation proceedings against Pl. (based on alleged Communist Party membership 1929-1933) terminated because finding against Pl., based on testimony of Gov't. witnesses Nowell and Syrakis, "not supported by reasonable, substantial and probative evidence." Aug. 24: CA 7 affirmed DC judgment.

Pearl M. Hart, Esq., 30 N. LaSalle, Chicago.

355.7. Re Navarrete-Sanchez. (Bd. of Imm. App.) Bd. reversed findings of Special Inquiry Officer that Resp. was deportable on grounds of Communist Party membership in 1937. Bd. held testimony of 3 Gov't. witnesses did not constitute "reasonable, substantial and substantive" evidence of membership, found testimony of one Gov't. witness "incredible", another was unable to recall names of aliens against whom he had testified six mths. before appearance in this case. "We need not dwell on the fact that the witness earns about $5 a day * * * in Mexico and * * * $37 a day when he testifies for the [Immigration] Service; and that he has a strong desire to return to the U. S. which can only be brought to fruition by convincing the Gov't. that he has been actively opposed to the Communist Party and that his admission would be in the public interest."

Amicus brief filed by Am. Civil Liberts Union of S. California, by Ruth Jacobs, Esq., Los Angeles.

356. Courts martial
Law review note:

Military Law and Civilian Rights, XVII Lawyers Guild Rev. 97-101 (Fall 1957).

357. Naturalization proceedings

357.1. Budzislawski v. U. S. (CA 9.) Pl.-secretary's application for naturalization denied by U. S. District Ct. solely on the basis of her employers' alleged political activities. Appeal pending.

A. L. Wirin and Fred Okrand, Esqs., 257 S. Spring St. and Ruth Jacobs, Esq., all of Los Angeles.

358. Denaturalization proceedings
Case note on:

U. S. v. Costello, 144 F. Supp. 779 (SD NY 1956) in 4 Stanford Law Rev. 800-806 (July 1957).


358.1. Trop v. Dulles. (U.S.S.C.) For facts, see II DOCKET 19, 43, 59, 77. Oct. 28: reargued, decision awaited.
358.2. Diaz-Estrata v. Press. (SD Calif.)*
358.3. Matter of Bean. (ND Calif., S. Div.)*
358.4. Zuskar v. U. S. (CA 7, #11718.)*
358.6. Nishikawa v. Dulles. (U.S.S.C.) For facts, see II DOCKET 43, 77. Oct. 28: reargued, decision awaited.
358.7. Perez v. Brownell. (U.S.S.C.) For facts, see II DOCKET 43, 77. Oct. 28: reargued, decision awaited.
- 14 -

359. Loyalty hearings
See 251 and 268.
360. Speedy and Public Trial

360.1. In re Baird. (Calif. Dist. Ct. of App., San Francisco.)*
360.2. Brown v. Hoblitzell, Sheriff. (Ky. Ct. of App., #V-59-55.)*
370. Counsel
Law review note:

Illegal Enforcement of the Criminal Law: Problems of Due Process, XVII Lawyers Guild Rev. 106-117 (Fall 1957).

371. Federal cases
372. State cases
Law review article:

Bertram F. Willcox and Edward J. Bloustein, The Griffin Case—poverty and the Fourteenth Amendment, 43 Cornell Law Q 1-26 (Fall 1957).


372.1. Henderson v. Michigan. (CA 6.) For facts, see II DOCKET 20, 43. Oct. 25: heard and submitted.
373. Indirect restrictions
Case note on:

Cammer v. U. S., 350 U. S. 399, I DOCKET #560.4, 24, 61-2, 81,

in 45 Georgetown L. J. 695 (Summer 1957.)


373.1. Re Gladstein. (DC Hawaii.)*
373.2. Re Bouslog. (CA 9, #15,109.)*
373.3. Re Bouslog. (DC Hawaii, Misc. #649.)*
380. Confrontation
381. Criminal cases
382. Civil cases
390. Jury Trials (see also 510)
400. Excessive Bail; Parole Conditions
Law review note:

Considerations involved in the granting of bail pending appeal in the Federal Courts, 25 Geo. Washington Law Review 693-703 (June, 1957).

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, 60, 78. Oct. 21: heard and submitted.
411.3. Thompson v. U. S. (SD NY.)*
411.5. Thomas v. State of Florida (Fla. Sup. Ct.) (Feb. 6, 1957.) Negro defendant was convicted of rape and sentenced to death. On appeal, the court held there was no lack of due process or equal protection because the Florida statute provided the penalty for rape was death unless the majority of the jury recommended mercy. The court stated that the execution of 23 Negro defendants and only one white defendant for rape between 1935 and 1955 did not show that Negroes have been discriminated against.
412. Extradition

412.3. New York ex rel. Reid v. Ruthazer, Warden. (NY Ct. of App.) For facts, see II DOCKET 21, 44, 60. June: App. Div., 1st Dept. reversed Sup. Ct. decision sustaining habeas corpus writ, ordered Reid remanded for surrender to Florida authorities, but continued bail pending appeal.
413. Civil cases
490. Miscellaneous Due Process
III. EQUAL PROTECTION (FOURTEENTH AMENDMENT) (500-599)

500. Elections
501. Racial discrimination

501.2. Ivy v. Cole, Registrar, Halifax Co. (ED N. C., Wilson Div., #610—Civ.)*
501.3. Edwards, et al. v. Registrar, Northampton Co. (ED N. C.)*
501.6. Alabama v. Tuskegee Civic Assn. (Macon Co. Cir. Ct.) June 1957: Ala. legislature passed act reducing city limits of Tuskegee so as to remove 410 of 420 Negro voters from city rolls. Tuskegee Civic Assn. formed to lead boycott of white merchants who supported act. Jy. 26: Atty. Genl. Patterson raided offices of Assn. and print shop where Assn. and N.A.A.C.P. literature printed. Aug. 15: Atty. Genl. obtained temporary restraining order against Assn. "from using any force, threats, * * * to prevent any person from trading with, buying goods and services from any merchant in Tuskegee and Macon Co." Aug. 22: Def.-Assn. filed motion to dissolve injunction, raising First Amdt. rights and denial of due process. Pending.

Fred D. Gray, Esq., 113 Monroe St., Montgomery, Alabama.

And see 244.4, cases at 204.

502. Political discrimination

502.3. Christian Nationalist Party, et al. v. Jordan, Calif. Secy. of State. (Calif. Sup. Ct.) For facts, see II DOCKET 61. Calif. Sup. Ct. granted Pl's. petition, retained jurisdiction instead of transferring case to Dist. Ct. of App. Oct: 14: heard and submitted.
- 15 -

502.4. Socialist Party v. Jordan, Calif. Secy. of State (Calif. Sup. Ct.) Facts, issues and status similar to Christian Nationalist Party, 502.3 Pending.

A. L. Wirin, Esq., 257 S. Spring St., and Paul M. Posner, Esq., both of Los Angeles.

510. Juries
511. Federal employees
512. Racial discrimination

512.2. Louisiana v. Neal. (Sup. Ct., La.) Jan. 21, 1957: Appellant-Negro, convicted of manslaughter, sought new trial because of remark by Dist. Atty. in his closing argument to jury that appealed to race prejudice. Denial of motion for new trial affirmed because accused waived right to object to remark by not objecting at time it was made.
513. Economic discrimination
514. Political discrimination
515. Discrimination against women
520. Education
Law review article:

George L. DeLacy, The Segregation Cases: A judicial problem judicially solved, 43 A.B.A.J. 519 (June, 1957).

521. Challenge to unequal facilities
Law review note:

When Denials of Certiorari Spell Desegregation, XVII Lawyers Guild Rev. 94-97 (Fall 1957).


521.1. Holland v. Bd. of Public Instruction. (Palm Beach, Fla.) (CA 5.) For facts, see II DOCKET 22, 61, 79. D. C. held there was no evidence Pl.-Negro assigned to Negro school on basis of race. Jy. 29: Defs.' appeal filed, pending.
522. Suits to enforce integration

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

Case note in

70 Harvard Law Rev. 1299-1302 (May 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.) (ED Ark.) For facts, see II DOCKET 23, 61. Pulaski Co. Chancery Ct. issued injunction to prevent desegregation of Little Rock High School scheduled for Sept. 3 under stairstep desegregation plan proposed by Def.-School Bd. and approved by DC and CA 8. Aug. 30: Dist. Ct. Judge Davies issued blanket injunction against any interference with such integration. Sept. 3: Nat'l. Guardsmen prevented 9 Negro pupils from entering school, by order of Gov. Faubus; Davies, J. issued order, after hearing, confirming his Aug. 30 order, directing Def.-Bd. and Sup't. to carry it out. Sept. 14: Nat'l. Guard again barred pupils; Davies, J. requested U. S. Atty. Gen'l. to investigate this violation of Fedl. Ct. order. Sept. 5: Def.-Bd. requested Ct. to suspend its order; denied. Sept. 9: Davies, J. ordered petition for injunction to be filed against Gov. Faubus. Sept. 20: after hearing on petition by U. S. Atty. Gen'l. as amicus, Davies, J. first denied application by Gov. Faubus to disqualify himself, then denied motions to dismiss, ordered Gov. and aides to call off Nat'l. Guard. Gov. complied; his appeal pending. Sept. 23: Negro students began attending school under protection of U. S. Army.

And see Smith, 522.Ark3a; Rector, 523.Ark2; Wilbern, 523.Ark3; Arkansas v. N.A.A.C.P., 523.Ark4; Little Rock v. N.A.A.C.P., 523.Ark5.

522.Ark3a. Smith, et al. v. Gov. Faubus, et al., and Ark. Sovereignty Comm. (Little Rock.) (ED Ark.) Aug. 16: 10 Negro ministers filed suit for declaratory judgment on constitutionality of Arkansas 1957 segregation statutes and for permanent injunction against Def.-Comm. enforcing said acts. CA 8 appointed 3-judge statutory ct. to hear suit. Pls. allege acts deny constitutional rights because of race and unlawfully prohibit Pls. from soliciting, collecting or receiving contributions to be used in aid of integration in Ark. public schools. Sept. 19: 3-judge Ct. refused to hear case, held state ct. remedies must first be exhausted.

U. Simpson Tate, Esq., for N.A.A.C.P., 2600 Flora St., Dallas, Texas; James M. Nabritt, Esq., Washington, D. C.; Thad D. Williams, J. B. Booker, Esqs., Little Rock, Arkansas.

And see Aaron, 522.Ark.3.

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.)*
522.Dela2. Evans, et al. v. Buchanan, et al. (Milford). (DC Dela., Civ. #1816.)

and

522.Dela3. Holloman, et al. v. Buchanan, et al. (Milton). (DC Dela., Civ. #1819.)

and

522.Dela4. Coverdale, et al. v. Buchanan, et al. (Greenwood.) (DC Dela., Civ. #1818.)

and

522.Dela5. Creighton, et al. v. Buchanan, et al. (Laurel). (DC Dela., Civ. #1820.)

and

522.Dela6. Denson, et al. v. Buchanan, et al. (Seaford). (DC Dela., Civ. #1821.)

and

522.Dela7. Oliver, Jr., et al. v. Buchanan, et al. (Clayton). (DC Dela., Civ. #1822.)

and

522.Dela8. Staten, et al. v. Buchanan, et al. (Milford). (DC Dela., Civ. #1817.) For facts, see II DOCKET 23. Jy. 15: DC
- 16 -

held for Pls. in 7 cases before it, made decision applicable to all school districts in state having no plans for desegregation by Fall 1957, ordered desegregation. Aug. 7: on Defs'. appeal therefrom to CA 3, DC granted stay, but said "Compliance with the law of the Sup. Ct. of the U. S. is inevitable * * * The unresolved question left by the Sup. Ct. to this ct. is the duration of judicial patience." Appeal pending.
522.Dela9. Plaintiffs v. Dover Bd. of Educ., Dela. Bd. of Educ. (DC Dela.) Aug.: Pls.-Negro children filed suit for injunction to prevent Defs. carrying out desegregation plan which Pls. allege discriminates against Negro students by requiring them to take examination instead of being automatically admitted to jr.-sr. high. Pending.

Louis L. Redding, Esq., 923 Market St., Suite 300, Wilmington, Dela.

522.Fla1. Florida ex rel. Hawkins v. Bd. of Control of Fla. (U.S.S.C., #169.) For facts, see II DOCKET 23, 61, 79. Oct. 14: U.S.S.C. denied petition for certiorari "without prejudice to Pet. seeking relief in an appropriate U. S. Dist. Ct."
522.Fla2. Gibson, et al. v. Dade Co. Bd. of Public Instruction, et al. (CA 5, #16482.) For facts, see II DOCKET 23, 61. Jy. 23: CA 5 reversed and remanded, held Fla. pupil assignment plan unconstitutional. Aug. 29: rehearing denied; Sept. 23: mandate issued.
522.Ga2. Hunt, et al. v. Arnold, Ga. State School of Business Adm. (ND Ga., Atlanta Div., #5781.)*
522.Ky1. Mitchell v. Bd. of Educ. (Hopkins Co.) (WD Ky., #708.)*
522.Ky2. Gordon, et al. v. Collins, et al. (Webster Co.) (WD Ky., #720.)*
522.Ky3. Garnett, et al. v. Oakley, et al. (Union Co.) (WD Ky., #721.)*
522.Ky4. Dishman, et al. v. Archer, Supt. Public Schools. (Scott Co.) (ED Ky., Lexington, #1213.)*
522.Ky5. Green, et al. v. Bd. of Educ. (McCracken Co.) (WD Ky., Paducah Div., #903.) For facts, see II DOCKET 46, 62. Sept. 20: DC entered default judgment approving plan submitted by Defs.; permanently enjoining Defs. from unconstitutional regulations as complained of; mandatorily enjoining Defs. to admit Pls. and other Negro children on non-discriminatory basis.
522.Ky6. Wilburn, et al. v. Holland, Supt., Fulton City Schools, et al. (WD Ky., Paducah Div., #910.) For facts, see II DOCKET 46, 62. Sept. 10: DC entered default judgment, permanently enjoined Defs. from maintaining and enforcing against Pls. unconstitutional practices, requiring Defs. to admit such of Pls. or other members of said class of persons who apply for admittance at next term. Oct. 3: hearing on motion to modify judgment. Decision pending.
522.La1. Bush, Jr., et al. v. Orleans Parish School Bd., et al. *
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.La6. Williams, et al. v. Prather, et al. (WD La., 5000 Civ.)*
522.La7. Ludley v. Bd. of Supervisors, La. State Univ. (CA 5.)*
522.La8. Bailey v. La. State Bd. of Educ. (CA 5.)*
522.La9. Lark v. La. State Bd. of Educ. (CA 5.)*
522.Md2. Moore, Jr., et al. v. Bd. of Educ. (Harford Co.) (CA 4.) For facts, see II DOCKET 24, 46, 62, 80. Jy. 26: Defs. filed appeal in CA 4; pending.
522.NC2. Covington, et al. v. Edwards, Supt. of Schools, et al. (Montgomery Co.) (MD N. Caro., Rockingham Div., Civ. #323.)*
522.NC3. Royster, et al. v. Bradsher, et al. (Person Co.) (MD NC, Durham Div., #194.)*
522.NC4. Weaver, et al. v. Bd. of Trustees of Chapel Hill Graded Schools, et al. (MD NC, Rockingham Div., #158-D.) Suit by Pls.-Negroes for permanent injunction ordering Defs. to desegregate public schools. Pending.

Herman L. Taylor, Esq., Raleigh, N. C.; C. J. Gates and Milton Johnson, Esqs., both of Durham, N. C.

522.Okla2. Brown, et al. v. Long, Pres., Morris Independent School Dist., et al. (Okmulgee Co.) (ED Okla., Civ. #4245.) For facts, see II DOCKET 80. Sept. 21: Ct. ruled for Pls.; held Pls. entitled to be enrolled and attend previously all-white school.
522.Okal3. Simms, et al. v. Hudson, Pres., Preston, Independent School Dist., et al. (Okmulgee Co.) (ED Okla., #4246.) For facts, see II DOCKET 80. Sept. 21: Ct. held for Pls.; ruled Pls. who had not signed transfer and are in high school are entitled to be enrolled and attend previously all-white school; ruling re grade school Pls. to be filed.
522.Okla4. Bailey, et al. v. Hodge, Hall, Supt., Okla. School for Deaf, et al. (WD Okla., #7441—Civ.)*
522.Pa1. In re Girard's Estate (Phila. Orphans Ct.) For facts, see II DOCKET 62, 80. Sept. 11: Orphans Ct. ordered removal of Bd. of City Trustees as governing body of school, placed school in hands of private trustee, refused admission to two Negro boys who sought admission.

Amicus briefs filed by City of Philadelphia, Comm. on Pa.

Law review article:

Elias Clarke, Charitable trusts, the Fourteenth Amendment and the will of Stephen Girard, 66 Yale L. J. 979-1015 (June 1957).

Case note in

1957 Washington Univ. L. Q. 271-6 (June 1957).

522.SC1. Briggs v. Elliott. (Clarendon Co.) (ED S. C., #2657.)*
522.Tenn1. Kelly, et al. v. Bd. of Educ. (Nashville). (MD Tenn., Nash. Div., Civ. #2094.) For facts, see II DOCKET 25, 46.
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Sept. 6: Def. School Bd. officials asked DC to decide whether new Tenn. state school preference law could be incorporated in Ct's. desegregation order; after hearing, Ct. held new law invalid, and unconstitutionality so obvious there was no need to convene 3-judge Ct. to pass on it. Nashville first grades integrated Sept. 1957.
522.Tex4. Jackson, et al. v. McDonald, Pres., Lamar State College of Technology, et al. (CA 5.)*
522.Tex5. Borders, et al. v. Rippy, et al. (Dallas.) (CA 5, #16483.) For facts, see II DOCKET 25, 46. Jy. 23: CA 5 reversed, held for Pls. Sept. 9: DC, on remand, ordered desegregation Feb. 1958. Nov. 22: CA 5 to hear Defs.' application for writ of mandamus to force DC to slow down integration order, and Def.s' appeal from DC decision.
522.Tex7. Ross v. Rogers, Pres., Houston Independent School Dist. (DC Tex., Houston, #10,444.)*
522.Va1. Davis v. County School Bd. (Prince Edward Co.) (CA 4.)*
522.Va2. Corbin, et al v. School Bd. (Pulaski Co.) (WD Va., Roanoke, #341 Div.)*
522.Va3. Atkins, et al. v. School Bd., et al. (Newport News.) (U.S.S.C., #361.)

and

522.Va4. Beckett, et al. v. School Bd. (Norfolk.) (U.S.S.C.) For facts, see II DOCKET 25, 46, 63, 81. July 10: CA 4 uphled DC injunction requiring desegregation, ruled Va. Pupil Placement Law unconstitutional. Oct. 21: U.S.S.C. denied petition for certiorari.
522.Va5. Allen, et al. v. School Bd. (Charlottesville.) (WD Va., #51.) For facts, see II DOCKET 26, 46, 63. Jy. 26: DC ordered that injunction entered by DC Aug. 6, 1956 be made effective at commencement of semester next following determination by U.S.S.C. of constitutionality of Va. Pupil Placement Act, Chap. 70, Acts of Assembly of Va.

And see Atkins, 522.Va3.

522.Va6. Thompson, et al. v. School Bd. (Arlington.) (ED Va., #1341.) For facts, see II DOCKET 26, 46, 63. Sept. 14: DC ordered Def.-Bd. to comply with desegregation order of Aug. 1956 re admission of seven Negro Pls., despite Va. Pupil Placement Act. Sept. 18: DC granted stay pending Def's. second appeal to CA 4.

And see Atkins, 522.Va3.

522.Va7. DeFebio v. Richmond Placement Bd. (Fairfax Co.) (Va. Sup. Ct. of App.)*
523. Suits to prevent integration

523.Ark1. Shackleford, et al. v. Vance, Ch., Hoxie School Bd., et al. (Ark. Sup. Ct.)*
523.Ark2. Ex parte Rector. (Little Rock.) (Pulaski Chancery Ct., Ark.) Aug. 17: Pl.-father of school age children, filed ex parte suit seeking declaratory judgment on validity and effect of 1957 segregation statutes. Pending.

And see Aaron, 522.Ark3, Smith, 522.Ark3a, Wilbern, 523.Ark3, Arkansas v. N.A.A.C.P., 523.Ark4, Little Rock v. N.A.A.C.P., 523.Ark5.

523.Ark3. Wilbern v. Blossom, Little Rock School Bd., et al. (Pulaski Chancery Ct., Ark., #108316.) Pl.-member of Capital Citizens Council asked Ct. to require Def.-Bd. to permit her white daughter to transfer to segregated high school and require Bd. to furnish educational facilities substantially equal to those at Central High at segregated school. Pending.

Frank Chowning and Richard Butler, Esqs., Boyle Bldg.; Leon Catlett and Henry Spitzerg, Esqs., Pyramid Bldg.; A. F. House, Esq., 314 W. Markham St., all of Little Rock, Ark.

And see Rector, 523.Ark2.

523.Ark4. Arkansas v. N.A.A.C.P., Inc. (Pulaski Chancery Ct., Ark., #108603.) Civil suit by state for Def.-organization's failure to register as corporation and to pay $50 annual franchise tax for past seven years. Pending.

And see Rector, 523.Ark2, and cases at 204., 272.4.

523.Ark5. Little Rock v. N.A.A.C.P., Bates, et al. (Little Rock Muni. Ct.) Oct. 31: officials of Ark. N.A.A.C.P. arrested, released in $300. bail on charge of failure to comply with new city ordinance requiring organizations to file reports of officers and finances. Pending.

And see Rector, 523.Ark2, and cases at 204., 272.4.

523.Fla1. State of Fla., City of Miami v. Foster, et al. (Mun. Ct. City of Miami, Fla., March 6, 1957). Four defendants were found guilty of breach of the peace and unlawful assembly in connection with a cross-burning incident during racial disturbances.
523.Ky1. Grubbs, et al. v. Gov. Chandler, et al. (Franklin Co. Cir. Ct.)*
523.Tenn2. U. S. v. Kasper, et al. (Nashville.) (MD Tenn.) Sept. 16: DC granted preliminary injunction against Def. and 9 others "in any manner deterring the attendance at school of the children of Nashville" under gradual integration plan approved by DC Jan. 21, 1957 (see Kelly, 522.Tenn1.) Ct. rejected Def's. First Amdt. arguments.
530. Housing
531. Public

531.1. Queen Cohen v. Savannah Housing Authority, et al. (CA 5.) For facts, see II DOCKET 26, 47, 81. Jy. 10: DC dismissed Pl's. suit. Jy. 25: Pl's. appeal pending in CA 5.
531.5. Eleby v. Louisville Municipal Housing Authority. (WD Ky., Louisville Div., #3240.)*
531.6. Shervington v. Pelham Hall Apts., Inc. (NY State Comm. Against Discrimination.) For facts, see II DOCKET 81. Jy. 2: 3-member hearing bd. of SCAD found Def. had denied Pl. apt. on basis of race, which Def. admitted. Jy. 24: Comm. ordered Def.: (1) to cease and desist from unlawful discriminatory practices, (2) rent future apts. on non-discriminatory basis, (3) state in ads that development was publicly-assisted and therefore subject to the law, (4) give Comm. list of all unrented apts. and, for next yr., submit mthly reports including names, addresses of applicants for apts. and reasons for all rejections.
531.6a. Pelham Hall Apts., Inc. v. NY State Comm. Against Discrimination. (Sup. Ct., Westchester Co.)*
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532. Private

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).) For facts, see II DOCKET 63. Jy. 22: Ct. sustained Def's motion to dismiss.
532.8. Pennsylvania v. Williams, et al. (Levittown.) (Bucks Co. Ct.) Pa. Atty. Genl. sought injunction prohibiting eight residents of Levittown from burning crosses, distributing inflammatory literature and scurrilous pictures, setting off bombs and firecrackers, participating in motorcades, making threats directed at the first Negro family in community. Oct. 23: Ct. granted preliminary injunction; application for permanent injunction pending.

Atty. Genl. Thomas D. McBride, for State, Harrisburg, Pa.

540. Transportation
541. Interstate
542. Intrastate

542.3. Flemming 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.)*
542.6. 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. Dist. Ct. of App., 2d Dist.)*
551.Fla2. Moorhead, et al. v. City of Fort Lauderdale. (SD Fla., #6820-M-Civ.) For facts, see II DOCKET 82. Jy. 10: Def.-City Comm. (3-2) voted to sell $1,000,000 municipal golf course for $562,000 private club after DC decision requiring no racial discrimination in use.
551.Fla3. Ward, et al. v. City of Miami (SD Fla., #6821-M-Civ.) Ct. held unconstitutional practice of municipally-owned golf course of limiting admission of Negro players to one day a week. Ct. issued permanent injunction requiring Defs. to admit Negroes "upon the same basis and same conditions as white citizens of Miami."
551.Mich1. Bishop, et al. v. Hotels Statler Co., Inc., et al. (ED Mich., S. Div., #16801.) Pls.-Michigan Negro ministers, delegates to Baptist Sunday School Convention in Dallas, Tex. June 17-23, confirmed hotel reservations in Defs.' Dallas hotel before leaving Detroit, but were denied accommodations in Defs.' Dallas hotel on arrival, Defs. alleging denial based on Texas segregation statutes. June 27: suit filed in Mich. DC for $10,000 damages for each Pl., under 8 USC 42 and 43. Defs. motion for change of venue to DC in Dallas pending.

George W. Crockett, Jr., Esq., 3220 Cadillac Tower, Detroit.

551.NY2. Re Green Witch Club. (NY Nassau Co. Sup. Ct., Mineola.) Restaurant and liquor licenses suspended by Bayville Mayor after owners allowed Negro employee to use adjacent beach and had Negro customers. Jy. 31: Village Bd. upheld suspension of licenses. Suit by owners of restaurant for reinstatement of licenses pending.

Joseph Fallon, Esq., Mineola, NY.

551.NY3. Castle Hill Bench Club, Inc. v. Arbury. (NY Ct. of App.) For facts, see I DOCKET 30, 65. Apr. 11, 1957 NY Ct. of App. unanimously affirmed rulings of NY State Comm. Against Discrimination and Sup. Ct.: 1) that swimming pool operated by Pl. was place of public accommodation within meaning of NY Civil Rights Law, 2) that SCAD finding that Pl. discriminated against Complainant because of color was supported by record; 3) that Pl. was not denied fair hearing before SCAD in first case in which SCAD held public hearing on complaint charging discrimination in place of public accommodation.

Henry Spitz, Esq., NY State Comm. Against Discrimination, 30 E. 37, NYC.

551.NC1. North Carolina v. Simkins, et al. (CA 4.) For facts, see II DOCKET 28, 63. Je. 28: CA 4 upheld DC injunction forbidding racial discrimination in use of Greensboro golf course, said "lease" to "private club" was to evade DC order. Case re Negro-Defs. who used course pending in N. C. Sup. Ct.
551.Va1. Tate, et al. v. Va. Dept. of Conservation and Development. (133 F. Supp. 53, 231 F. 2d 615.) For facts, see II DOCKET 28.

Case note in

3 Harvard Law Rev. 131-6 (Jan. 1957.)

551.Va2. Holley, et al. v. City of Portsmouth. (ED Va.) (150 F. Supp. 6.) Ct. had issued temporary injunction against Def.-City requiring it to grant unrestricted use of its golfing facilities without regard to race or color. Apr. 10, 1956: in view of City's compliance with temporary injunction and continuing right of Pls. to institute new action should violations occur, Ct. denied permanent injunction against City; continued case for one year to determine at that time whether permanent injunction necessary.
552. Others

552.Mich1. Russau, et ano. v. Restlawn Memorial Park Corp., et al. (Grand Rapids Super. Ct., Law #5279.)*
552.Va1. Bissell v. Virginia. (Va. Ct. of App.)*
552Wash1. Browning v. Slenderella Systems of Seattle. (Super. Ct., King County, Washington, #493710.) Pl., refused service in Def's. beauty salon because of race, brought action under Public Accommodation Law of State of Washington. Apr. 5, 1957: Ct. found wrongful discrimination within meaning of Law; awarded Pl. $750 in damages.
560. Family Matters
561. Marriage and divorce
562. Adoption
563. Custody

563.5. Ondrejka v. Ondrejka. (Wis. Sup. Ct.)*
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564. Miscellaneous

564.2. State of La. ex rel. Rodi v. City of New Orleans, et al. (Ct. of Appeal of La., Orleans.) (Feb. 18, 1957). Death certificate of App't's. father first recorded as "white," then changed by Bureau of Vital Statistics to "Negro." App't. seeks to have it changed back to "white" on ground statute authorizing such change unconstitutional, that father was white. Feb. 18, 1957: Ct. of App. refused to order change: (1) because statute is not unconstitutional delegation of legislative authority nor denial of due process; (2) because preponderance of evidence showed mother of App't's. father was Negro, therefore App't's. father was properly described as Negro.
564.3. Rose v. Deasy. (Super. Ct., Suffolk Co., Mass.) Petition by native of Brava Island in Cape Verde Islands to have word "colored" struck from her marriage license. Mar. 12, 1957: on presentation of passports, birth certificates, death certificates describing parties and their parents as white, and on inspection of Petr. by Ct., Ct. decreed Pets. were white, ordered word "colored" stricken from marriage license.
564.4. Evans v. Young, et al. (Tenn. Sup. Ct.) Appeal from decision that collateral heirs of Negro born in Mississippi of slave parents would inherit real property in Tennessee in preference to persons designated in will of surviving wife. Feb. 8, 1957: Judgment affirmed on ground Mississippi statutes legitimized deceased, that public policy in Tennessee requires deceased be recognized as legitimate, therefore collateral heirs entitled to inherit. Held no distinction should be made between issue of slave marriages subsequently legitimized by statute, and other illegitimate children subsequently legitimized by marriage of parents.
570. Employment
571. Racial discrimination

571.1. Brooks, et al. v. School Dist. of Moberly, 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 Ct. of App.) (3 App. Div. 2d 514.) For facts, see II DOCKET 29. May 7: App. Div., 1st Dept. held for Def. (3-2), ruling that a finding by SCAD-member dismissing complaint without hearing is excluded from judicial review by NY Exec. Law. Appeal to be argued Jan. 1958 term.
571.8. Franklin v. Trans World Airlines. (N. Y. State Comm. Against Discrimination.) For facts, see II DOCKET 82. Jy. 7: Comm. adjourned hearing for 3 mths. on condition Def. during period will interview all Negro applicants re qualifications for flight hostess and notify Comm. its decision re such applicants; Def. will reinterview Pl. and notify Comm. its new decision. Pending.
571.9. Oliphant, et al. v. Bro. Locomotive Fireman and Enginemen, et al. (ND Ohio, #31464 Civ.) For facts, see II DOCKET 82. Sept. 28: DC denied Pls. application for injunction compelling Def.-Union to accept them as members, on ground Cts. have no power re membership in voluntary organizations unless Congress acts.
571.10. Richardson, et al. v. Texas and New Orleans Rr. Co., et al. (CA 5.) Pls.-Negro employees of railroad sued for declaratory judgment that existing labor agreement is discriminatory and unenforceable, and for damages from Def.-Co. and union. Pls. contended lower ct. should have assumed jurisdiction of action, since union contract perpetuated a pre-existing discriminatory practice and was in derogation of union's statutory duty under Railway Labor Act to represent Pls. fairly and impartially. Defs. contended employees were first relegated to their administrative remedy before Natl. Railroad Adjustment Bd. which they failed to exhaust. DC dismissed action. Mar. 14, 1957: CA 5 reversed and remanded, held Pls. entitled to judicial relief for breach of statutory representatives' duty to bargain impartially regardless of race or color and also to damages for both Co. and union.
571.11. Marshal, et al. v. Central Ga. Ry. Co., et al. (SD Ga.) Pls.-Negro employees of Def. sought to enjoin putting into effect of labor agreement between Def. and duly authorized collective bargaining agent of employees. Pls. contended agreement invalid because it discriminated against Negro trainmen, and that they should not be forced to accept representation by bargaining agent so long as it refused them membership because of color. Oct. 24, 1956: injunction denied on ground that contract does not discriminate against any special class or group on account of race, color or creed but equally affects all persons covered by agreement.
571.12. Jones v. American President Lines, Ltd., et al. (Dist. Ct. of Appeal, 1st Dist., 2nd Div., Calif.) Appeal from dismissal of action for damages resulting from alleged civil conspiracy among 3 Defs. to deny Pl. employment aboard Defs.' ships because he is a Negro. March 20, 1957: Judgment reversed on ground that consent decree entered by N. L. R. B. against Defs. preserved in force the provision of pre-existing labor agreement protecting employees against discrimination because of sex, race, creed, color, or national origin.
571.13. Gaines v. Davis, Co. Probation Officer. (Contra Costa Co. Super. Ct., Calif.) Pl.-social worker seeking injunction requiring her appointment as field probation officer by Def. after rejection because her husband, a deputy probation officer, is a Negro. Sept. 16: 2-day trial; briefs to be filed.

Robert L. Condon, Esq., Martinez, Calif.; Fay Stender, Esq., Berkeley, Calif.; Albert M. Bendich, Staff Counsel, Am. Civil Liberties Union of N. Calif., 503 Market St., San Francisco.

571.14. Re Checker Cab Co. (Mich. Fair Employment Practices Comm.) Aug. 28: FEPC ordered public hearing on charges that Resp. Co., largest taxi co. in Detroit, discriminated against Negroes in hiring drivers. Sept. 21: hearing opened.
580. Civil Actions under Civil Rights Law Not Otherwise Covered
590. Criminal Prosecutions under Civil Rights Law

590.2. Atterbury v. Ragen, Warden. (U.S.S.C.) For facts, see II DOCKET 64. May 20: certiorari denied.