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Vol. III, No. 3
April, 1958
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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 and Vol. III, Nos. 1 and 2.


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

Sen. Thomas C. Hennings, The United States Supreme Court: The ultimate guardian of our freedom, 44 A.B.A.J. 213 (Mar. 1958).

O. John Rogge, Congress Shall Make No Law ..., 56 Mich. L. R. 331, 579 (Jan., Feb. 1958).

C. Herman Pritchett, The political offender and the Warren Court, 38 Boston Univ. L. R. 53-123 (Winter 1958).

James P. Hart, Bill of Rights: safeguard of individual liberty, 35 Tex. L. Rev. 919 (Oct. 1957).

Yates, Watkins, Sweezy, Jencks, Kinsella and Reid—Gains for individual liberties, 4 Howard L. R. 60 (Jan. 1958).

10. Licensing
11. Meetings

11.1. In re Ellis v. Allen, et al. (N. Y. Ct. of App.) For facts, see III DOCKET 1, 21. Ct. denied Def.-Comm'r. leave to appeal.
12. Motion Pictures

12.1. Times Film Corp. v. Chicago. For facts, see II DOCKET 65, III DOCKET 1, 21. Cite: 355 U. S. 35.
12.2. Kingsley Intl. Pictures Corp. v. N. Y. Bd. of Regents. (N.Y. Ct. of App., #309.) For facts, see II DOCKET 1. Jy. 24, 1957: N. Y. App. Div. unanimously reversed, held sec. 122a of N. Y. Education Law invalid. Jan. 7, 1958: Def's. appeal heard and submitted.
12.7. Kingsley Intl. Pictures Corp. v. City of Providence. (DC R.I.) Pl.-distributors of "Lady Chatterley's Lover" and "And God Created Woman" sued to enjoin police and public officials from interfering with showing of films, following Def's. refusal to license them under Legion of Decency's film rating. Issue: constitutionality of use of this rating system. April: heard and submitted to 3-judge Ct.

Ephraim London, Esq., 150 Broadway, NYC; Levy, Carroll and Jacobs, Esqs., Union Trust Bldg., Providence, R.I.

12.8. Kingsley Intl. Pictures Corp. v. Blanc. (Pa. S. Ct.) Pl.-distributors sought order requiring Def.-Dist. Atty. to return to it copies of "And God Created Woman", seized to prevent showing in Philadelphia. Feb. 13: Pa. S. Ct. (5-1) held for Pl., ordered film returned, no interference with its showing pending decision in Common Pleas Ct. Com. Pleas Ct. dismissed suit for lack of jurisdiction. Apr. 21: appeal heard and submitted to Pa. S. Ct.

Ephraim London, Esq., 150 Broadway, NYC; Dilworth, Paxson, Kalish, Kohn and Dilkes, Esqs., 2635 Fidelity Trust Bldg., Philadelphia.

12.9. Times Film Corp. v. Chicago. (DC Ill.) Action for injunction and $100,000 damages arising out of City ban on film, "Nana". Jan. 31: motion for summary judgment heard and submitted.

Goldberg, Devoe and Shadur, Esqs., 231 S. LaSalle, Chicago.

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12.10. Bell v. Georgia Theatre Co. (DeKalb Co. Super. Ct., Ga., #22,610.) Suit to enjoin showing of "Island in the Sun", a film with inter-racial episodes. Oct. 21, 1957: temporary restraining order issued.
13. Peddlers
14. Miscellaneous

14.3. Sunshine Book Co. v. Summerfield. For facts, see III DOCKET 2, 21. Cite: 355 U. S. 372.
14.4. Florida v. Tracey. (Fla. Sup. Ct.)*
14.5. Mounce v. U. S. (U.S.S.C., #542.) Customs Bureau seized 9,000 Swedish, German and Danish nudist magazines consigned to Pl.-importer. DC DC denied Pl's. attack on the seizure, under standard: "If, at the time of such circulation, considered as a whole it offends the sense of propriety, morality, and decency of such average person." CA 9 affirmed. U.S.S.C. granted petition for certiorari. Solicitor Genl. confessed error; U.S.S.C. granted his petition to return to DC for consideration in light of U.S.S.C. decision in Roth v. U.S., 52.3.

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

14.6. Ohio v. Walton. (Cincinnati Police Ct.) Def.-clerk in news store arrested during vice squad raid for possession of obscene material. Issue: whether sets of pictures of nude and semi-nude women, nudist publications and "men's magazines" come within definition of "obscene". Jury waived. Police Ct. judge held: 1) evidence showing effect of material on minors could not be used to prove obscenity; 2) Roth test (52.3) must be applied; 3) jury should be able to determine what constitutes sexual perversion. Ct. held 2 items came within definition, the others did not.
20. Administration Restrictions
21. Customs
22. Post Office
23. Miscellaneous

23.1. Daily Worker v. Moysey. (CA 2.)*
23.6. Sapriel, et ano. v. Beverly Hills, et al. (Calif. Super. Ct., Los Angeles Co., #671322.) For facts, see II DOCKET 50. Ct. denied both parties' motions for summary judgment. Awaiting trial.
23.7. Adams, et ano. v. Hinkle. (Wash. Sup. Ct., #34132.)*
30. Economic Restrictions

30.1. Independent Productions Corp. and I.P.C. Distributors, Inc. v. Loew's Inc., et al. (SD N.Y. Civ. #110-304.)*
30.2. Rubenstein and Richards v. NYC Police Comm'r. Kennedy, et al. (NY Co. Sup. Ct.)*
40. Contempt
41. Federal Courts

41.1. U. S. v. Torre. *
42. State Courts

42.1. In Matter of Nies. (Sup. Ct. Colo., #18034.)*
43. Other agencies
50. Criminal Sanctions
51. Disorderly conduct
52. Obscenity (see also 12)
Law review note:

Recent decisions approve decency statutes, 27 U. of Cincinnati L. R. 61 (Winter 1958).

52.3. Roth v. U. S. (U.S.S.C.) For facts, see II DOCKET 50, 66.

Case note in

4 Howard L. Rev. 105 (Jan. 1958).

52.8. People of New York v. Shapiro, et al. (App. Div., Second Dept.)*
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, 50, 66, III DOCKET 2, 22. Defense counsel Wirin interviewed in China 38 witnesses, examined some physical evidence. Due to lack of judicial assistance agreement between China and U.S., China refused official cooperation, would not permit detailed questioning of witnesses nor location or interviewing of some 950 additional witnesses known to exist and will not issue passports to those interviewed. Trial set for July 14. Defense has served on U.S. Atty. subpoena duces tecum returnable April 16 calling for production inter alia of records of Korean truce negotiations and of production and shipping of biological warfare weapons and CIA records of activities on China-Burma border between 1950-1953.
55. Picketing

55.2. New York v. Donegan. (NYC Magis. Ct.) Def.-wife of union official picketed alone in front of subway yard, some workers of which were on strike. Injunction had been issued restraining strike under NY law forbidding strikes against Gov't. agencies. Def. charged with disorderly conduct (NY Penal Law, sec. 722, sub. 2) for refusing to move when ordered by police. Issue: unconstitutional application of statute to peaceful picketing, in violation of Fourteenth Amdt. Def. found guilty; 5 day suspended sentence. Appeal pending.

Rhoda Karpatkin, Esq., 101 W. 57th St., NYC, for N. Y. Civil Liberties Union.

56. "Corrupt Practices"
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. March 7: heard and submitted.
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57.2. People of New York v. Peck, et al. (NYC Magis. Ct.)*
57.4. People of California v. Aykens and Wallace. (App. Dept., Super. Ct., San Mateo.)*
57.5. U. S. v. Roumanian-American Pub. Co. (DC DC.) For facts, see II DOCKET 32, 51, III DOCKET 22. Case dismissed as to individual Defs.; corporate-Def. pleaded nollo contendre; fined $2,000.
57.9. Staub v. City of Baxley. For facts, see III DOCKET 23. Cite: 355 U. S. 313.
60. Civil Sanctions
61. Defamation
62. Injunctions in labor disputes
63. Other injunctions
110. Separation of Church and State

110.1. In re Application of Lewis and Klein v. N.Y. State Commr. of Education. (N.Y. Sup. Ct., Albany.)*
110.4. Squires, et al. v. City of Augusta, et al. (Super. Ct. Me., Kennebec Co., #3685.)*
110.5. 64th Street Residences, et al. v. N. Y. City, et al. (NY Ct. of App.) For facts, see III DOCKET 23. App. Div. affirmed Sup. Ct. decision for Def. Mar. 24: NY Ct. of App. heard argument; decision awaited.
120. Pacifists and Conscientious Objectors

120.2. Hanauer, et ano. v. Elkins, Pres., U. of Md. (Cir. Ct., Prince Georges Co., Md., #8584—Law.)*
120.3. U. S. v. Surls. (U.S. Navy.)*

And see Bouziden, 312.7.

130. Denial of Tax Exemptions

130.1. Valley Unitarian-Universalist Church, Inc. v. County of Los Angeles. (U.S.S.C., #385.) (355 U.S. 854.) Apr. 8: argued, decision awaited.

Amicus briefs filed by Am. Civil Liberties Union, 170 Fifth Ave., NYC; Phila. Yearly Meeting of Religious Society of Friends and Am. Friends Service Comm., 1515 Cherry St., Philadelphia.

Case note in

31 Temple L. R. 211 (Winter 1958).

130.2. First Methodist Church of San Leandro v. Horstmann, et al. (U.S.S.C.)*

U.S.S.C. granted Church leave to file amicus brief in 130.1 and .3; denied leave to argue.

130.3. First Unitarian Church of Berkeley v. Horstmann, et al. (U.S.S.C.) Apr. 7: argued; decision awaited.
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. Sup. Ct.) For facts, see II DOCKET 3, III DOCKET 3, 24.

Case note in:

58 Columbia L. R. 417-21 (Mar. 1958).

130.6. Washington Ethical Society v. District of Columbia. For facts, see II DOCKET 51, III DOCKET 24. Cite: 249 F. 2d 127.
140. Miscellaneous Restrictions

140.3. Auto-Rite Supply Co. v. Woodbridge. (NJ Sup. Ct.) (135 A. 2d 515.) NJ Sup. Ct. held Woodbridge Sunday Law invalid as discriminatory because of list of activities prohibited on Sunday.

Robert Wilentz, Nathan Duff, Elias Kantor, Esqs., Newark.

140.4. Hertz Washmobile System v. South Orange. (N.J. Sup. Ct.) (135 A. 2d 524.) NJ Sup. Ct. held South Orange Sunday Law invalid as discriminatory because of list of activities prohibited on Sunday.

Ward J. Herbert, Esq., Newark.

140.5. Rector, Church Wardens and Vestrymen of Church of Holy Trinity v. Melish, et al. (NY Ct. of App.) (3 NY Misc. 2d 997, 4 NY App. Div. 2d 256, 3 NY 2d 476.) Action to remove Def. as supply rector of church, position he has held for some yrs. Feb. 6-7, 1958: vestry of church (2 wardens and 9 vestrymen) elected Dr. Sidener rector. There were 2 vacancies in vestry; meetings held with 2 wardens, only 4 vestrymen. NY Religious Corp. Law, Sec. 42 requires quorum of 1 warden and 1 more than majority of vestrymen, or both wardens and majority of vestrymen. Issue: validity of vestry action. NY Sup. Ct. upheld Def's challenge to election; App. Div. and Ct. of App. reversed, sustained action of vestry as to be determined primarily by canonical law, held action had been approved by diocese bishop, in accordance with convention of church in U.S. and canons of diocese. April, 1958: NY Sup. Ct. ordered Defs. to vacate rectory.

Raphael Weissman, Esq., 185 Montague St., Brooklyn, Hubert Delany, Esq., 52 Broadway, Bernard Reswick, Esq., 255 Broadway, both of NYC.

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. (N.Y. Ct. of App.)
202.2a. New York ex rel. Lefkowitz v. Green, et al. (N.Y. Ct. of App.) For facts, see II DOCKET 4, 67, III DOCKET 24. Stipulation filed by parties: Def.-Am. Comm. for Protection of Foreign Born to register as charitable organization, reserving right to challenge any rule which might require divulging names of contributors.
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203. N.L.R.B. Certification

203.3. U. S. v. Pezzati, et al. (DC Colo.) For facts, see II DOCKET 33, 51. March 28: Ct. denied motion to dismiss. Trial date to be set.
204. Continued existence
Law review article:

Robert B. McKay, The repression of civil rights as an aftermath of the school segregation cases, 4 Howard L. Rev. 9 (Jan. 1958).

204.1. Alabama ex rel. Atty. Genl. Patterson v. N. A. A. C. P. (U.S.S.C., #846.)*
204.3. Williams, Ga. Revenue Commr. v. N. A. A. C. P., et al. (Ga. Dept. of Revenue.) For facts, see II DOCKET 34, 51, III DOCKET 4, 24. Feb. 4: Pl. denied Def.-N.A.A.C.P. petition requesting tax exempt status.
204.3a. N. A. A. C. P. and Calhoun v. Judge Pye. (Ga. App. Ct.) For facts, see III DOCKET 24. Ga. S. Ct. denied Pl's. petition for rehearing re composition of record. That issue now closed. Pl's. appeal on merits pending in intermediate state court.
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.)*
204.4a. N. A. A. C. P. Legal Defense and Education Fund v. Harrison. (Cir. Ct. of City of Richmond.) In conformity with directions of 3-judge Federal Ct. in N. A. A. C. P., #204.4 (see III DOCKET 24), suit filed in State ct. under state Declaratory Judgment Act, for interpretation of Chap. 33 and 36, passed in 1956, redefining "running" and "capping", and prohibiting "inducement" or "instigation" of litigation.
204.5. N. A. A. C. P., Inc. v. Arkansas ex rel. Bennett, Atty. Genl. (Ark. S. Ct., #5-1593.) For facts, see III DOCKET 17, #523.Ark4, and III DOCKET 25. Trial date: May 22.

George Howard, Jr., Esq., Pine Bluff, Ark.

See Ark., 204.6 and .7, Aaron, 523.Ark3, Faubus, 523.Ark6.

204.6. Arkansas v. N. A. A. C. P. (Cir. Ct., Pulaski Co.)*
204.7. Arkansas ex rel. Atty. Genl. v. N. A. A. C. P. (Cir. Ct., Pulaski Co.)*
204.8. Arkansas ex rel. Atty. Genl. v. N. A. A. C. P. Legal Defense & Educational Fund. (Cir. Ct., Pulaski Co., #44,679.)*

And see cases at 204.9, 204.4 272.6.

204.9. Arkansas ex rel. Bennett v. N. A. A. C. P. Legal Defense & Educational Fund. (Cir. Ct., Pulaski Co., #45,183.)*
204.10. Little Rock v. Bates, et al. (Cir. Ct., Pulaski Co.)*
204.11. Arkansas State Conference of Branches, N. A. A. C. P. v. Baldwin, et al. (ED Ark., #3454.)*
204.12. North Little Rock v. Fair. (Cir. Ct., Pulaski Co.)*
204.13. North Little Rock v. Williams. (Cir. Ct., Pulaski Co.) For facts, see III DOCKET 26. Feb.: Cir. Ct. affirmed Muni. Ct. conviction in trial de novo.
204.14. North Little Rock N. A. A. C. P. Branch v. Perry. (ED Ark., #3473.)*

And see 204.12, 204.13, 204.10, and Faubus, 523.Ark6.

210. Compulsory Registration
211. Internal Security Act
Law review note:

Some constitutional and practical problems of the Subversive Activities Control Act, 46 Georgetown L. J. 299 (Winter 1957-8).

211.1. Communist Party of U. S. v. Subversive Activities Control Bd. (CA DC.)*
211.2. S. A. C. B. v. Jefferson School. (CA DC.)*
211.3. S. A. C. B. v. Labor Youth League. (CA DC.)*
211.4. S. A. C. B. v. Natl. Council of American-Soviet Friendship. (CA DC.)*
211.5. Rogers v. Civil Rights Congress. (SACB #106-53.)*
211.6. Rogers v. Washington Pension Union. (SACB #114-55.)*
211.7. Haufrecht v. S. A. C. B. (formerly listed as Rogers v. American Peace Crusade.) (CA DC, #14,363.) For facts, see II DOCKET 5, 34, III DOCKET 4, 26. Petition for review filed by Intervenor. Pending.
211.8. Rogers v. California Labor School in San Francisco. (CA DC.)*
211.9. Rogers v. Am. Comm. for Protection of Foreign Born. (SACB.)*
211.10. Rogers v. California Emergency Defense Committee. (SACB.) For facts, see II DOCKET 67, III DOCKET 4. S.A.C.B. issued decision declaring Def.-organization a "Communist front".
211.11. Rogers v. Connecticut Volunteers for Civil Rights. (SACB.)*
212. 1954 Communist Control Act

212.1. Rogers v. Intl. Union of Mine, Mill & Smelter Workers. (S.A.C.B.)*
212.2. Rogers v. United Electrical, Radio & Machine Workers. (S.A.C.B.) For facts, see II DOCKET 5. Hearings suspended. Action started by local unions affiliated with Def.-Intl. on ground they are indispensable parties and have been excluded from hearing.
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.)*
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220. Listing
221. By the Attorney General of the United States

221.1. Rogers v. National Lawyers Guild. (Dept. of Justice.)*
211.3. Assn. of Lithuanian Workers v. Brownell. For facts, see II DOCKET 68, III DOCKET 5. Cite: 355 U.S. 23.
221.4. Rogers v. Independent Socialist League. (Dept. of Justice.)*
221.5. Rogers v. Californians for the Bill of Rights. (Dept. of Justice.)*
221.6. Rogers v. Natl. Council of Arts, Sciences and Professions. (Dept. of Justice.)*
222. By Congressional Committees
223. By State authorities

223.1. Luscomb v. Bowker, et al. (Suffolk Co. Ct.)*
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

241.3. Wellman, et al. v. U. S. (CA 6.) For facts, see II DOCKET 6, 68. Mar. 25: convictions reversed; Miller, J. opinion follows U.S.S.C. opinion in Yates, 241.1. New trial ordered; date not set.
241.4. Fujimoto, et al. v. U. S. For facts, see II DOCKET 6, 68, III DOCKET 5, 27. Cite: 251 F. 2d 342.
241.5. Huff, et al. v. U. S. For facts, see II DOCKET 6, 68, III DOCKET 5, 27. Cite: 251 F. 2d 342.
241.6. Sentner, et al. v. U. S. (CA 8.) For facts, see II DOCKET 6, 68, III DOCKET 5. April 4: CA reversed, with directions to grant new trial.
241.7. Kuzma, et al. v. U. S. (DC Pa.) (249 F. 2d 619.)*
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. For facts, see II DOCKET 7, III DOCKET 5, 27. Cite: 355 U.S. 942.
241.11. Charney, et al. v. U. S. (CA 2.) For facts, see II DOCKET 7. May 16: oral argument.

And see Green and Winston, 411.2.

242. Smith Act: mere membership
Law review note:

Communism and the First Amendment: the membership clause of the Smith Act, 52 Northwestern U. L. Rev. 527 (Sept.-Oct. 1957).

242.1. Lightfoot v. U. S. (DC Ill.) (355 U.S. 2.)*
242.2. Scales v. U. S. (CA 4.) (355 U.S. 1.) For facts, see II DOCKET 7, 69, III DOCKET 6. Def. convicted after new trial; 6 yrs. sentence. Appeal pending.
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.) For facts, see II DOCKET 7. Gov't. refused to consent to jury waiver. Trial date: June 16.
242.7. U. S. v. Russo. (DC Mass.)*
242.8. U. S. v. Hellman. (DC Mont.) For facts, see II DOCKET 7. Trial date: May.
243. 18 U.S.C. 2384

243.1. Lebron, et al. v. U. S. (CA 2.)*
244. State laws
Case note on:

Pennsylvania v. Nelson, 350 U.S. 49, I DOCKET #130.1 in 18 Ohio State Law J. 438 (Summer 1957).

244.5. Louisiana v. G. and J. Jenkins. (La. S. Ct.) For facts, see II DOCKET 53, III DOCKET 6, 27. State's appeal heard. Ct. directed reargument in April.
250. Civil Disabilities: Federal
251. Federal employment

251.5. J. Duncan v. Summerfield, U. S. Postmaster. (CA DC.) For facts, see II DOCKET 36, 53. CA held for Pl.; Apr. 5: returned to duty.
251.6. A. Duncan v. Blattenberger, U. S. Public Printer. (DC DC, #4203/56.)*
251.9. Vitarelli v. Seaton. (CA DC.) For facts, see II DOCKET 53. Feb.: after Pl. got clearance of charges from Gov't. and expunging of records, CA affirmed DC decision, held Pl. had no right to back pay or reinstatement because he had no veteran's rights or civil service rights.
251.10. Coleman, et al. v. Brucker. (CA DC.)*
251.11. Kutcher v. U. S. (U.S. Ct. of Claims.)*
252. Deprivation of passport rights
Law review notes:

106 U. of Pa. L. Rev. 454 (Jan. 1958).

9 Western Reserve L. Rev. 56 (Dec. 1957).

252.2. Dayton v. Dulles. (U.S.S.C., #621.) (355 U.S. 911.) For facts, see II DOCKET 8, 36, III DOCKET 6. Apr. 10: argued; decision awaited. And see Kent, 252.21.
252.4. Chodorov v. Dulles. (State Dept.)*
252.20. Robeson v. Dulles. (DC DC.) For facts, see II DOCKET 8, 36, III DOCKET 28. Apr.: action filed to compel granting of passport.
252.21. Kent v. Dulles. (U.S.S.C., #481.) (355 U.S. 881.) For facts, see II DOCKET 8, 36, 69, III DOCKET 28. Apr. 10:
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argued; decision awaited. During argument, Gov't. confessed error, for first time agreed there is a constitutional right to travel.
252.22. Briehl v. Dulles. (U.S.S.C.) (355 U.S. 881.) Cites, facts, status same as Kent, 252.21.
252.23. Leff v. Dulles. (DC DC.)*
252.24. DuBerg v. Dulles. (DC DC.)*
252.25. Lamont v. Dulles. (CA DC.)*
252.26. Strong v. Dulles. (DC DC.) Pl.-newspaper reporter filed suit to compel issuance of passport, alleging Def. had denied her passport based on information undisclosed to her and for her alleged associations and beliefs. Pending. Forer and Rein, Esqs., 711 14th St. NW, Washington, D.C.
252.27. Worthy v. Dulles. (DC DC.) Pl.-foreign correspondent filed suit to compel renewal of passport, without restrictions. Renewal had been denied because Pl. visited Chinese People's Republic and Hungary, which Def. claimed was contrary to U.S. foreign policy and otherwise prejudicial to interests of U.S. Pending.

William M. Kunstler, Esq., for Am. Civil Liberties Union, 511 Fifth Ave., NYC.

253. Unfavorable Army discharges

253.4. Harmon v. Brucker. (U.S.S.C., #80.) For facts, see II DOCKET 9, 54, 70, III DOCKET 28. Mar. 3: U.S.S.C. (8-1) reversed, per curiam, held: 1) Cts. could review discharges to see if they were issued without statutory authority; 2) type of discharge must be based on nature of soldier's military record. (See HIGHLIGHTS.)
253.5. Marshall v. Brucker. (U.S.S.C., #41.) For facts, see II DOCKET 9, 70. March 10: U.S.S.C. reversed, per curiam, on basis of U.S.S.C. decisions in Harmon and Abramowitz, 253.4, .6. (Clark, J. dissenting.)
253.6. Abramowitz v. Brucker. (U.S.S.C., #141.) For facts, see II DOCKET 9, 54, 70. Mar. 3: U.S.S.C. (8-1) reversed, per curiam, with Harmon, 253.4.
253.7. Bland v. Hartman, et al. (CA 9, #15155.)*
254. Deprivation of veterans disability payments

254.1. Wellman v. Higley, Admr. Veterans Affairs. (CA DC.)*
254.2. Thompson v. Veterans Admin. (VA Bd. of App.)*
255. Deprivation of Social Security rights
256. Deprivation of housing rights

256.1. Wright v. Denver Housing Auth. (Colo. Sup. Ct.) (318 Pac. 2d 1103.) Trial Ct. upheld constitutionality of Gwinn Amd't. and resolution of Def.-Bd. requiring loyalty oath of applicants for Def's. housing projects. Nov. 14, 1957: after Colo. Sup. Ct. agreed to hear case, Def.-Bd. passed resolution declaring earlier resolution enforcing Gwinn Amd't. null and void. Dec. 1957: Colo. Sup. Ct. dismissed on ground of mootness.

Arnold Alperstein, Esq., 7580 W. 16th Ave.; Charles A. Graham, Esq., Farmers Union Bldg.; Wm. F. Reynard, Esq., Kittredge Bldg., all of Denver.

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

258.1. Rowoldt v. Perfetto. (U.S.S.C., #34.) For facts, see II DOCKET 10, III DOCKET 28. Cite: 355 U.S. 115.
258.2. Re Janosco. (Immigration and Naturalization Service.)* And see cases at 358.50.
259. Denaturalization proceedings

259.1. Nowak v. U. S. (U.S.S.C., #72.)*
259.2. Maisenberg v. U. S. (U.S.S.C., #76.)*
259.3. U. S. v. Minerich. For facts, see III DOCKET 29. Cite: 250 F. 2d 721.

And see cases at 358. and Matles, 333.6.

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. N. Y. C. Transit Authority, N. Y. State Civil Service Commission, et ano. (N.Y. Sup. Ct., Kings Co.)*
261.5. Reif v. N. Y. C. Dept. of Hospitals. (Spec. Term, Part One, N.Y. Co. Sup. Ct.)*
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., Orleans Parish, #20977.) For facts, see III DOCKET 7. Ct. held against Pl. Petition for rehearing pending.

And see New Orleans Newspaper Guild, 269.4.

261.11. N. Y. C. Housing Authority v. Wyatt. (NY Co. Sup. Ct.)*
262. Teaching
And see cases at 342, 262, and 280.
263. Denial of State unemployment insurance rights

263.1. Syrek v. Calif. Unemployment Insurance Appeals Bd., et al. (Calif. Dist. Ct. of App.) For facts, see II DOCKET 37, 65, III DOCKET 29. Ct. granted mandate directing benefits be paid, reversed Def.-Bd's. decision as not supported by evidence, that Pl. unavailable for work in labor market as result of refusing to sign private employer's loyalty oath.
263.1a. Syrek v. Calif. Unemployment Insurance Appeals Bd., et al. (Calif. Dist. Ct. of App.) Def.-Bd. disqualified Pl. for 10 wks. for turning down referral to public employment, requiring oath under Levering Act. Appeal pending.
263.2. Re Albertson. (N.Y. Unemp. Ins. App. Bd.)* And see cases at 346.
- 51 -

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

265.3. Flordia v. Sheiner. (Fla. Sup. Ct.) For facts, see II DOCKET 10-11, 37, 54-5, 71. Motion on Pl's. appeal denied. Apr.: heard and submitted.
265.4. In re Schlesinger. (Allegheny Co. Common Pleas Ct., Pa.)*
265.5. In re Steinberg. (Allegheny Co. Common Pleas Ct., Pa.)*
265.20. Schware v. Bd. of Bar Examiners of N. Mex. *
265.21. Konigsberg v. State Bar of California and Comm. of Bar Examiners. (Calif. S. Ct.)*

Law review article:

William H. Rehnquist, The Bar Admission Cases: a strange judicial aberration, 44 A.B.A.J. 229 (Mar. 1958).

Case notes in

56 Mich. L. R. 415 (Jan. 1950).

9 Western Reserve L. R. 98 (Dec. 1957).

46 Georgetown L. J. 344 (Winter 1957-58).

60 West Va. L. R. 81 (Dec. 1957).

26 Fordham L. R. 563 (Autumn 1957).

265.22. Patterson v. Oregon State Bd. of Bar Examiners. (U.S.S.C.) (318 P. 2d 907.) For facts, see II DOCKET 11, 71, III DOCKET 29. Apr. 29: petition for certiorari denied.
265.23. Re Anastaplo. (Comm. on Character and Fitness, 1st App. Ct. Dist. of Ill.)*
266. Deprivation of right to tax exemption

266.1. Speiser v. Randall and Foley. (U.S.S.C., #483.) (355 U.S. 880.) For facts, see II DOCKET 11, 71-2, III DOCKET 29-30. April 7: oral argument; decision awaited.
266.2. Prince v. City and Co. of San Francisco. (U.S.S.C., #484.) For facts, see II DOCKET 11, 71-72, III DOCKET 30, April 7: oral argument; decision awaited.
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 cases at 262, 280 and 342.
268. Private employment—defense establishments

268.1. Parker, et al. v. Lester, et al. (ND Calif.)*
268.3a. Dupree v. U. S. (CA 3.) For facts, see II DOCKET 55, 72, III DOCKET 30. Def's. preliminary motions granted. Pl's. appeal pending.
268.5b. Dressler v. McElroy, et ano. (DC DC.) For facts, see III DOCKET 8. Awaiting trial on merits.
268.5a. Dressler v. Wis. Emp. Relations Bd. (Cir. Ct., Milw. Co., #266-453.) For facts, see II DOCKET 72, III DOCKET 30. Issues: Is individual member of union a party aggrieved and directly affected by action of State Labor Bd. in dismissing union complaint? Does arbitration award sustaining discharge of fellow employee for alleged security reasons make res judicata the issues involved in Dressler discharge?
268.7. Kreznar v. Wilson. (DC DC.)*
268.8. Webb v. U. S., et al. (Ind'l. Personnel Security Bd.) For facts, see II DOCKET 72. Security clearance granted following administrative hearing.
268.9. Bessell v. Eastern Industrial Personnel Security Hearing Bd. (CA 3.) For facts, see III DOCKET 8, 30. Def's. preliminary motion granted; Pl's. appeal pending.
268.10. Berman, et al. v. Nat'l. Maritime Union. (SD NY.) Class action by seamen who were cleared by Coast Guard pursuant to decision in Parker v. Lester, 268.1, but were then refused right to register at Union hiring hall. Issues: 1) whether a Union has a right to make its own loyalty determinations; 2) obligation of a Union to afford equal protection to all of its members and to refrain from discriminating against all of the persons whom it represents. Def's. motion to dismiss pending.

Victor Rabinowitz, Esq., 25 Broad, John J. Abt, Esq., 320 Broadway, both of NYC.

268.11. Lundquist v. Marine Engineers Beneficial Assn., Local 97. (Calif. Super. Ct., San Francisco.) Facts and issues similar to Berman, 268.10. May 1957: Def.-Union held hearing, but no decision has been handed down. Suit pending. Albert M. Bendich, Esq., for A.C.L.U. of N. Calif., 503 Market St., San Francisco.
268.12. Greene v. McElroy. (CA DC.) (150 F. Supp. 958.) Pl.-exvice-pres., Engineering and Research Co., challenged Navy's withdrawing Pl's. security clearance and exclusion from all Navy work, which caused Pl. to resign from post. At Industrial Personnel Security Bd. hearing, Gov't. produced no witnesses, relied on undisclosed statements by anonymous informants. Apr. 17: CA DC upheld constitutionality of security clearance statute, said "The personal tragedy revealed by this recital needs no emphasis", referring to decrease of Pl's. income from $18,000 post to $4,000 job. Ct. held it was beyond power of Cts. to make Executive Branch choose between revealing "state secret" or canceling its defense contracts, "either of which might compromise security of the country".

Carl W. Berueffy, Esq., Wyatt Bldg., Washington, D.C.

269. Private employment—other

269.1. Faulk v. AWARE, Inc., et al. (N.Y. Sup. Ct., N.Y. Co.)*
269.1a. Iverson v. Seattle Gas Co. (Super. Ct., King Co., Washington, #471046.)*
269.2. Allen v. Local 1976, Carpenters Union—AFL-CIO. (Los Angeles Dist. Ct. of App.) For facts, see II DOCKET 12, 38. Apr. 22: heard and submitted.
269.3. Friedman v. Hayes, pres., and Intl. Assn. of Machinists. (CA DC.)*

Victor B. Harris, Esq., 411 N. 7th St., St. Louis, Mo. And see Allen, 280.8.

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269.4. New Orleans Newspaper Co. v. The Item Co. (ED La., #6893.) Action for specific performance of collective bargaining contract arbitration clause under Natl. Labor Relations Act, sec. 301. Def.-Co. fired drama critic for association with persons whose patriotism had been questioned, i.e., S. Conference Educational Fund and its director, Dr. James Dombrowski. DC judgment for Pl. Def's. appeal to be argued in CA 5 Spring Term.

Fred J. Cassibry, Esq., Natl. Bank of Commerce Bldg., New Orleans.

And see Gottlieb, 261.10.

270. Criminal Penalties for Non-disclosure
271. Congressional Committees
Report of Address:

Edward Bennett Williams, On Congressional Committee Abuses, Harvard Law Record, Nov. 7, 1957, p. 1.

271.5. U. S. v. Davis. (CA 6.)*
271.6. U. S. v. Watson. (CA DC.)*
271.7. U. S. v. Barenblatt. (U.S.S.C., #787.) For facts, see II DOCKET 12-13, 38, 72, III DOCKET 9, 30. Apr. 14: petition for certiorari granted. (Burton, J. not participating.)

David Scribner, Esq., 15 William St.; Edward J. Ennis, Osmond K. Fraenkel and Barent Ten Eyck, Am. Civil Liberties Union general counsel, and Rowland Watts, Esq., A.C.L.U. staff counsel, all of NYC.

271.9. U. S. v. Russell. (CA DC, #13529.) For facts, see II DOCKET 13, III DOCKET 9. Apr. 22: postponed indefinitely.
271.10. U. S. v. Deutch. (CA DC.) For facts, see II DOCKET 13, 38, III DOCKET 9. Apr. 22: postponed indefinitely.
271.11. U. S. v. Sacher. (U.S.S.C.) For facts, see II DOCKET 38, 72, III DOCKET 9, 30. Application for certiorari pending.
271.12. U. S. v. Gojack. (CA DC.) For facts, see II DOCKET 13, 55. Apr. 22: postponed indefinitely.
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.

Case notes in:

46 Illinois Bar J. 409 (Jan. 1958).

56 Mich. L. Rev. 272 (Dec. 1957).

271.15. Shelton v. U. S. (CA DC.)*
271.16. U. S. v. Whitman. (DC DC.)*
271.17. Knowles v. U. S. (CA DC.) For facts, see II DOCKET 39, III DOCKET 9. Gov't. has dropped 32 counts. Apr. 23: postponed indefinitely.
271.19. Price v. U. S. (CA DC.)*
271.20. Liveright v. U. S. (CA DC.)*
271.22. U. S. v. Miller. (DC DC.)*
271.23. U. S. v. Sullivan. (SD NY, #152-238.)*
271.24. U. S. v. Yarus aka Tyne. (SD NY, #15586.)*
271.25. U. S. v. Seeger. (SD NY.)*
272. State committees
And see cases at 223.
272.1. Sweezy v. New Hampshire by Atty. Genl. Wyman. (354 U.S. 234.) For facts, see II DOCKET 13, 73.

Case note in:

A. Suzman, 74 South African Law J. 447 (Nov. 1957).

30 Rocky Mt. Law R. 82 (Dec. 1957).

56 Mich. L. Rev. 291 (Dec. 1957).

272.2. New Hampshire by Atty. Genl. Wyman v. Uphaus. (U.S.S.C., #778.) (136 A. 2d 221, 355 U. S. 16.) For facts, see II DOCKET 13, 56, III DOCKET 9, 31. Apr. 7: probable jurisdiction noted.
272.3. New Hampshire by Wyman v. De Gregory. (U.S.S.C.)* And see Morgan and Raley, 335.1 and .4.
272.4. N. A. A. C. P., Va. Conference of N. A. A. C. P., et al. v. Ames. (ED Va.)*
272.5. N. A. A. C. P., Va. Conference of N. A. A. C. P., et al. v. Va. Comm. on Offenses against Administration of Justice. (U.S.S.C.) For facts, see III DOCKET 9, 31. Mar. 7: petition for rehearing denied. Mar. 10: stay of mandate entered pending appeal to U.S.S.C.

S. W. Tucker, Esq., Emporia, Va.; Roland D. Baley, Esq., 420 N. First St., Oliver W. Hill, Esq., and Martin A. Martin, Esq., both of 118 E. Leigh St., all of Richmond, Va.; W. Hale Thompson, Esq., 611—25th St., Newport News, Va.

272.6. Virginia Legislative Comm. on Racial Activities v. Brown. * And see cases at 204 and 213.
272.7. Scull v. Va. Comm. on Offenses against Administration of Justice. (Va. S. Ct. of App.) Def.-printer sentenced to 10 days and $10 fine for refusing to answer questions of Pl.-Comm. Appeal pending from Arlington Cir. Ct.
272.8. Perry, et ano. v. Florida Legislative Comm. (Fla. S. Ct.) Action by Chapter N.A.A.C.P. officials to quash Comm's. subpoenas and to enjoin Comm. from calling them as witnesses. Issues: Whether Comm. had exceeded its authority, and information demanded in violation of constitutional rights of organization and individuals. Feb. 24. Ct. denied motion. Appeal pending.

Robert L. Carter, Esq., N.A.A.C.P., 20 W. 40th, NYC. And see cases at 204 and 213.

273. Legal and administration tribunals
274. Refusal to produce records

274.1. Flaxer v. U. S. (U.S.S.C.) For facts, see II DOCKET 14, 74, III DOCKET 10. Apr. 4: CA DC affirmed (4-3) on remand from U.S.S.C. Petition for certiorari pending.
274.2. U. S. v. Baxter. (ED Mich., SD.)*
- 53 -

274.3. McPhaul v. U. S. (CA 6.) For facts, see II DOCKET 39. Apr. 3: stipulation filed asking CA to stay further proceedings pending U.S.S.C. decision in Barenblatt, 271.7.
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. Issues on appeal: whether loyalty oath is unconstitutional under due process clause because no hearing provided to determine that listed organization is subversive; no requirement of "knowing membership" under Weiman v. Updegraf rule; abridges First Amdt. rights; constitutes bill of attainder. Appeal to be argued.

And see cases at 221.

280.4. Bd. of Higher Education v. Allen, Hughes, et al. (N.Y. App. Div., 3rd Dept.)


280.5. Bd. of Education v. Allen, et al. (N.Y. App. Div., 3rd Dept.) Apr. 1: heard and submitted.
280.8. Allen v. Office Employees Intl. Union, et al. (Washington Sup. Ct., #34595.)*

And see Allen, 269.2.

280.9. Lowenstein v. Newark Bd. of Educ. (Bd. of Educ., Newark.)*
290. Penalties for False Disclosure
291. Taft-Hartley Oath

291.1. Jencks v. U. S.

For cases and law review discussions of "Jencks' rule"; See cases at 312 and 355.

291.3. Bryson v. U. S. (U.S.S.C.) For facts, see II DOCKET 15, 74, III DOCKET 10, 32. Cites: 355 U.S. 817, 879.
291.4. Travis v. U. S. (CA 10.) For facts, see II DOCKET 15, 57, III DOCKET 10, 32. Feb. 5: convicted after second trial. Sentence: 8 yrs.; $4,000 fine. Appeal pending.
291.5. Lohman v. U. S. (DC Ohio.)*
291.6. U. S. v. Killian. (DC Ill.)*
291.7. U. S. v. Haug, et ano. (ND Ohio ED.)*
291.20. U. S. v. West, Haug, et al. (CA 6.) For facts, see II DOCKET 40, 74, III DOCKET 10, 32. Feb. 19: 7 Defs. sentenced to 18 mths., $2,500 fine. Appeal pending.
292. Government Security Questionnaires


Municipal Ct. Judges, "Your rights before this Court when you are accused of an offense", Municipal Ct. of Royal Oak, Michigan.

Law review note:

Criminal contempt of court—due process of law and freedom of speech, 5 U.C.L.A. Law R. 90 (Jan. 1958).

300. Searches and Seizures
301. Wiretapping

301.5. Costello v. U. S. (CA 2.) For facts, see II DOCKET 40, III DOCKET 11, 32. Issues: whether following conduct of Gov't. violated Def's. right to due process of law: 1) Bureau of Internal Revenue used N. Y. state wiretap transcriptions in preparing its tax case; 2) A mail watch was imposed on Def. for 3 yrs. prior to his indictment, consisting of recording names of all addressors of mail to him, then interviewing addressors concerning nature of their relationship with him; 3) Bureau of Internal Revenue, at instance of U. S. Atty., inspected income tax returns of all members of jury panel from which petit jury was picked in this case.

Edward Bennett Williams, Esq., 1000 Hill Bldg., Washington, D. C.

301.6. U. S. v. Benanti. (U.S.S.C.) For facts, see II DOCKET 75, III DOCKET 11. Cite: 355 U. S. 96.

Case note in:

26 G. Washington L. Rev. 464-69 (Mar. 1958).

301.7. Lanza v. N. Y. State Joint Legislative Comm. on Gov'tal. Operations. (U.S.S.C.) For facts, see III DOCKET 11. Cite for cert. denied: 355 U. S. 856.

And see Lanza, 335.8.

302. Other Federal cases

302.4. Draper v. U. S. (U.S.S.C., #411 Misc.)*
302.5. Blackford v. U. S. (U.S.S.C.) For facts, see III DOCKET 33. U.S.S.C. denied petition for certiorari.
302.6. Local 107 v. McClellan, et al. (DC DC.)*
302.7. Weise v. U. S. (CA 9, #15502.)*
303. Other State cases

303.1. Levy v. Grant, et al. (S. Dist., Calif.) For facts, see II DOCKET 16. Trial Ct. ruled for Defs., on ground Pl. gave consent to search.
303.5. Franklin, et al. v. Gough, et al. (Los Angeles Super. Ct.)*
303.7. Breithaupt v. Abram, Warden. (U.S.S.C.) For facts, see II DOCKET 75.

Case note in:

12 Southwestern L. Rev. 118 (Winter 1958).

36 N. C. Law Rev. 76 (Dec. 1957).

- 54 -

303.9. Ohio ex rel. Eaton v. Price, Dayton Police Chief. (Ohio S. Ct., #35488.) Relator arrested by Def.-Police Chief for refusing to grant entry to his home to City housing inspectors, in face of City ordinance giving such inspectors free access to dwellings at reasonable hours for inspection, examination and survey. Common Pleas Ct. discharged Relator from custody, held him within constitutional rights. Dist. Ct. of App. reversed. May 13: hearing on merits in Ohio Supreme Court.

Arthur T. Eaton, Esq., 707 Winters Bank Bldg., Dayton, Ohio.

303.10. Swanson v. McGuire, et al. (ND Ill., #57-C-1164.) Pl., on way to meeting of Alcoholics Anonymous, arrested, charged with disorderly conduct. Pl. alleges he was severely beaten at police station. Next day, charge dismissed. Suit for $100,000. damages pending.

Joseph M. Taussig, Esq., 134 S. LaSalle, Chicago.

310. Indictment
311. Composition of grand jury (see also 510)
312. Character of evidence
The Jencks Legislation: Problems in prospect, 67 Yale L. J. 674-99 (Feb. 1958).

The right to production for inspection of documents in possession of the Government; guaranteed by the Due Process Clause? 31 S. Calif. L. Rev. 78 (Dec. 1957).

Case notes in:

12 Rutgers L. Rev. 405 (Winter 1957).

5 U. C. L. A. 147 (Jan. 1958).

32 Missouri L. Rev. 465 (Nov. 1957).

31 Temple L. Q. 76 (Fall 1957).

26 Fordham L. Rev. 593 (Autum 1957).

4 Wayne Law Rev. 84 (Winter 1957).

35 U. of Det. L. J. 234 (Dec. 1957).

312.1. Colbert v. Kentucky. (Ky. Ct. of App.) For facts, see III DOCKET 11. Cite: 306 SW 2d 825.
312.2. Pennsylvania v. Jakobowitz. (Ct. of Com. Pleas, Phila. Co.)*
312.5. Heikkinen v. U. S. (U.S.S.C.) For facts, see III DOCKET 33. Cite: 355 U. S. 273.
312.6. Schwabe v. United Shoe Machinery Corp. (DC DC.) (21 F.R.D. 233.) In private action under anti-trust laws, Def. sought production of minutes of U. S. grand jury in Massachusetts during action in DC DC, alleging Atty. Genl. in D. C. had copy thereof. DC DC held, under 18 USCA, Rule 6(e), only Ct. with jurisdiction over grand jury may direct or permit disclosure of grand jury minutes.
312.7. Bouziden v. U. S. (U.S.S.C., #804.) Pl. convicted of refusing to submit to induction into Army. Pet. alleges trial ct. committed reversible error in excluding from evidence, as absolutely privileged, full FBI investigative reports. Pl. claims favorable evidence supporting his conscientious objector claim had not been fully summarized and presented to Appeal Bd. in Justice Dept. CA 10 affirmed conviction. Apr. 7: U.S.S.C. denied certiorari. Hayden C. Covington, Esq., 124 Columbia Hts., Brooklyn.
320. Double Jeopardy
321. Federal cases

321.2. Green v. U. S. (U.S.S.C.) For facts, see III DOCKET 34. Cite: 355 U. S. 184.
322. State cases

322.1. Hoag v. New Jersey. (U.S.S.C., #40.) Def. acquitted of charge in connection with hold-up. Later Def. convicted of armed robbery in the same hold-up. Issue: does this constitute double jeopardy? N. J. Sup. Ct. affirmed conviction. U.S.S.C. granted certiorari. Dec. 19, 1957: argued; decision awaited.

W. Hoag, pro se, Drawer N, Trenton, N. J.

330. Self-incrimination: Criminal Sanctions
Law review article:

George Horowitz, The privilege against self-incrimination—How did it originate? 31 Temple L. Q. 121 (Winter 1958).

331. Congressional Committees

331.4. McKenzie v. U. S. (U.S.S.C.)


331.5. Wollam v. U. S. (U. S. S. C.)


331.6. Simpson v. U. S. (U.S.S.C.) For facts, see II DOCKET 16, 75, III DOCKET 11, 34. Cite: 355 U. S. 7.
331.7. U. S. v. William Davis. (ED Mo., E. Div.) For facts, see II DOCKET 58. Apr. 14: heard and submitted on agreed statement of facts.
331.8. U. S. v. Simpson. (ED Mo., E. Div.)*
331.9. Brewster v. U. S. (CA DC.) Jan. 19, 1957: Def. Teamsters Union official refused to testify before Sen. Comm. on Government Operations on ground Comm. had no authority to investigate labor racketeering. DC DC convicted; 1 yr., $1,000. Apr. 15: CA DC reversed, held (2-1) Comm's. charter could not be enlarged to permit investigation of reports filed by unions with Gov't., footnoted fact that Senate had shown concern re Comm's. charter by establishing McClellan Comm. to cover this field.

And see cases at 271.

332. State Committees
333. Grand juries and tribunals

333.2. Brown v. U. S. (U.S.S.C.) For facts, see II DOCKET 16, 41, 75, III DOCKET 12. Mar. 31: U.S.S.C. (by Frankfurter, J.) affirmed (5-4) Def's. conviction for civil contempt for claiming privilege against self-incrimination in
- 55 -

refusing to answer questions in denaturalization case after voluntarily taking the stand. Black, J. dissenting: unlike criminal case, in which failure to take stand may not be made subject of adverse comment by prosecutor or judge, failure to do so in civil action may be commented upon and judge may draw such inferences therefrom as he sees fit. This is "another decision by this court eroding the constitutional privilege against self-incrimination." Apr. 4: motion for rehearing on severity of sentence filed; pending.
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., #841.) (355 U. S. 66.) For facts, see II DOCKET 16, 76, III DOCKET 34. CA 9 affirmed DC re-sentencing to one yr. in jail. Mar. 7: petition filed with U.S.S.C.; pending. Issue: does re-sentencing to 1 yr. constitute violation and arbitrary disregard of the express and implied direction of the opinion and remand of U.S.S.C. Nov. 25, 1957?

Case notes in:

60 W. Va. L. Rev. 91 (Dec. 1957).

46 Ill. Bar J. 483 (Feb. 1958).

333.6. Matles v. U. S., (U.S.S.C., #378.) For facts, see II DOCKET 58, 76, III DOCKET 12, 34. Apr. 7: U.S.S.C. granted certiorari, reversed and remanded to DC with directions to vacate order holding Pet. in contempt and to dismiss complaint because affidavit showing good cause is prerequisite to initiation of denaturalization proceedings, and must be filed with complaint when proceedings are instituted, citing Zucca, 351 U. S. 91.
334. Grants of immunity: federal
335. Grants of immunity: state

335.1. Morgan v. Ohio. (U.S.S.C.) For facts, see II DOCKET 17, 76, III DOCKET 34. Ohio S. Ct. denied petition for rehearing. Apr.: notice of appeal filed in U.S.S.C.
335.2. Ohio v. Jackson, et ano. (Ohio Ct. of App.)*
335.3. Ohio v. Hupman, et al. (Ohio Ct. of App.)*
335.4. Raley, et al. v. Ohio. (U.S.S.C.)*
335.5. Ohio v. Slagle, et al. (Ohio Ct. of App.)*
335.6. Ohio v. Arnold, et al. (Ohio Sup. Ct.) For facts, see II DOCKET 17. Following Ohio S. Ct's. affirmance of convictions in Morgan and Raley, 335.1, .4, Ohio Ct. of App. affirmed convictions. Appeal pending in Ohio S. Ct.
335.7. Knapp v. Schweitzer. (U.S.S.C.)* (355 U. S. 804.)
335.8. New York v. Lanza. (NY App. Div., 1st Dept.) For facts, see III DOCKET 35. Feb. 20: Def. sentenced to 10 yr. prison term. Issues: constitutional right of witness to refuse to answer questions on ground Comm. could confer only limited immunity; was sentence lawful when all questions part of common situation? Def. granted certificate of reasonable doubt; appeal pending.
336. Miscellaneous

336.1. Lambert v. California. (U.S.S.C.) For facts, see II DOCKET 76, III DOCKET 35. Cite: 355 U. S. 225.
336.2. Reyes v. U. S. (CA 9.)*
336.3. Perez v. U. S. (CA 9.) Def. charged under Narcotics Registration Act with not registering as narcotics addict. Trial ct. convicted; 2 yrs. sentence with recommendation for commitment to public health service hospital for treatment of narcotics addiction. Issues: similar to Reyes, 336.2 (III DOCKET 35.) Appeal pending.

Gostin, Katz and Porter, Esqs., 339 W. Broadway, San Diego, California.

336.4. Kelly v. Municipal Ct. of City and Co. of San Francisco. (Calif. Dist. Ct. of App., 1st App. Dist., Div 1, #18048 Civ.) Pl. charged with violation of Calif. Penal Code, Sec. 288(a) for oral sex perversion. At conclusion of probationary period, Ct. granted Pl's. motion for expungement of record. Pl. filed writ of prohibition to prevent Muni. Ct. from compelling Pl. to register as sex offender under Sec. 290 of Code on theory expungement of record excuses registration requirement. Issue: constitutionality of registration statute. Pending.

Albert M. Bendich, Esq., as amicus curiae, Am. Civil Liberties Union of N. Calif., 503 Market St., San Francisco.

340. Self-incrimination: Civil Sanctions

340.1. Matter of Rossetti v. O'Connell, NYC Commr. of Licenses. (NY Sup. Ct., NY Co., #14317/1957.) Pet.-partner in garbage removal business with license issued by Commr. of Licenses under NYC Admr. Code, Ch. 32, Art. 36, including showing of good moral character. Pet. asserted privilege against self-incrimination when questioned re activities of Greater NY Cartmen's Ass'n., (of which he was president) by NY State legislative comm., and later by Commr. License revoked. Action to reinstate license filed, claiming deprivation of property without due process. Jan. 14: Trial Ct. set aside revocation, held Pl. entitled to notice of charges, hearing, right to cross-examine, and to counsel.

Miller, Dennis and Bush, Esqs., 41 E. 42nd St., NYC.

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

342.2b. Austin v. NY Bd. of Higher Education. (App. Div., 1st Dept.)*
342.3. Laba, et al. v. Newark Bd. of Educ. (Newark Bd. of Educ.)*
342.4. Mass v. San Francisco Bd. of Educ. (Cal. Super. Ct.) For facts, see II DOCKET 17, 42, 59. May 29, 1957: Trial Ct. refused to order Def.-Bd. to reconsider its dismissal of Pl., but suggested Pl. request Bd. to do so. Following such request, Bd. refused. Pending.
- 56 -

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.)*
342.10. Dixie School District v. Hanchett, (formerly entitled Hanchett v. Dixie School District.) (Marin Co. Super. Ct., Calif., #29082.) For facts, see III DOCKET 35. Mar. 19: Trial Ct. over-ruled demurrer.

Haet, Dominguez, Speiser and Williams, Esqs., Suite 622, DeYoung Bldg., 690 Market St., San Francisco.

343. Employment—Other public officers

343.1. Lerner v. Transit Authority. (U.S.S.C.) (355 U. S. 803.) For facts, see II DOCKET 18, 42, 59, III DOCKET 12. Argued, decision awaited.
343.2. Hancock v. Burns., (Calif. Dist. Ct. of App., San Francisco.) For facts, see II DOCKET 18. Mar. 28: Dist. Ct. of App. affirmed Trial Ct. decision for Defs.

Rubin Tepper, Esq., 785 Market St., San Francisco; Edward F. Lewman, Esq., Haywood, Calif.; Lawrence Speiser, Esq., 622 DeYoung Bldg., 690 Market St., and Albert Bendich, staff counsel, A.C.L.U. of N. Calif., 503 Market St., both of San Francisco.

343.3. Globe and Nelson v. Los Angeles County. (Calif. Dist. Ct. of App.) For facts, see II DOCKET 42, 59. Apr. 22: appeals in both cases heard and submitted.
343.4. Callender v. San Diego County. (4th Dist. Ct. of App., Calif.)*
344. Employment—Private

344.2. Wilson, et al. v. Loew's, Inc., et al. (U.S.S.C., #552.) For facts, see II DOCKET 42, III DOCKET 35. Mar. 3: U.S.S.C., per curiam, dismissed writ as improvidently granted, held decision rested on "adequate state ground". Douglas, J. dissented.
344.3. Wilson v. Liberty, Films, Inc., et al. (Los Angeles Co. Super. Ct. #663887.)*
344.5. Gottlieb v. Universal Pictures Co., Inc. (Los Angeles Super. Ct.) For facts, see III DOCKET 12. Demurrer filed; hearing pending.
344.6. United Electrical, Radio and Machine Workers of America, Local 610 v. Westinghouse Airbrake Co. (Alleghany Co., Ct. of Common Pleas, #3132.)*
344.7. Nelson v. General Electric. (Muni. Ct. of Appl., Dist. of Col., #M6521-57.) For facts, see II DOCKET 13, III DOCKET 35. Muni. Ct.: judgment for Def. Appeal pending.
344.8. Watterman v. S. Calif. Gas Co. (Los Angeles Super. Ct.)*
345. Attorneys
346. Unemployment insurance

346.1. Kilpatrick v. Bureau of Unemployment Compensation. (Ohio Ct. of App.)*
346.2. Ostrofsky, et al. v. Maryland Employment Security Bd. and Bethlehem Steel Co. (Balt. City Super. Ct.) For facts, see III DOCKET 13. April 10: heard and submitted.
346.3. Fino v. Sun Ray Co. and Md. Employment Security Bd. (Balt. City Super. Ct.) For facts, see III DOCKET 36. Apr. 10: heard and submitted.
346.4. Hallengren v. Capitol Airlines, Inc. and Md. Emp. Security Bd. (Balt. City Super. Ct.) For facts, see III DOCKET 36. Dismissed by claimant.
346.5. Lee v. Eastern Stainless Steel Co. and Md. Emp. Security Bd. (Balt. City Super. Ct.) For facts, see III DOCKET 36. Dismissed by claimant.
350. Due Process
351. Delay in arraignment

351.1. Williams v. U. S. (CA DC.) (250 F. 2d 19.) Nearly 7 yrs. after indictment on charge of assault with deadly weapon, Def. brought to trial; convicted. Delay had been caused in part by repeated trials, appeals, retrials, Def's commitments to mental institution. CA DC dismissed indictment, held long delay had been prejudicial to Def.
352. Grand Jury procedures
353. Confessions

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

Case note in:

19 Mont. L. Rev. 59-62 (Fall 1957).

353.3. Reck v. Ragen. (ND Ill., E. Div., #57 C 2027.)*
354. Unfair press releases
355. Perjured testimony

355.4. Sobell v. U. S. (U.S.S.C.) (355 U. S. 873, 920.)*
356. Courts martial
357. Naturalization proceedings
358. Denaturalization and Deportation proceedings

358.1. Trop v. Dulles. (U.S.S.C., #70.) For facts, see II DOCKET 19, 43, 59, 77, III DOCKET 13. Mar. 31: U.S.S.C. (5-4) reversed, held Sec. 40(g) of Nationality Act of 1940 unconstitutional, which provided for loss of citizenship for desertion from U. S. Armed Forces in time of war. (See discussion in HIGHLIGHTS.)
358.2. Diaz-Estrata v. Press. (SD Calif.)*
358.3. Matter of Bean. (ND Calif., S. Div.)*
358.6. Nishikawa v. Dulles. (U.S.S.C.) For facts, see II DOCKET 43, 59, 77, III DOCKET 13. Mar. 31: U.S.S.C. (7-2) reversed, held Gov't. must bear burden of proving that act leading to expatriation was not done during duress. (Harlan, Clark, JJ., dissenting.) (See discussion in HIGHLIGHTS.)
358.7. Perez v. Brownell. (U.S.S.C.) For facts, see II DOCKET 43, 59, 77, III DOCKET 13. Mar. 31: U.S.S.C. (5-4)
- 57 -

affirmed, held Sec. 40(e) of Nationality Act of 1940 constitutional which provides for loss of U. S. citizenship by citizen who voluntarily votes in election of foreign country. (See discussion in HIGHLIGHTS.) Maj. and min. refrained from discussing Gov't's. allegation that Pet. remained out of U. S. to avoid military service during World War II.
358.8. Mendoza-Martinez v. Mackey. (U.S.S.C., #54.) Americanborn citizen went to Mexico. On return, charged with draft evasion; pleaded guilty; served term. On release, action to denaturalize. Apr. 7: U.S.S.C., per curiam, granted petition for certiorari, vacated judgment of CA 9, and remanded to DC "for determination in light of Trop", 358.1.

Thomas R. Davis, Esq., Bakersfield, Calif.

358.9. Matles v. U. S. (U.S.S.C., #378.) (And see Matles, 333.6.) Apr. 7: U.S.S.C. granted petition for certiorari, reversed CA 2 judgment denaturalizing Pet., dismissed complaint; held, per curiam, affidavit showing good cause is prerequisite to initiation of denaturalization proceedings and must be filed with complaint when proceedings are instituted, citing U. S. v. Zucca, 351 U. S. 91.
358.10. Costello v. U. S. (U.S.S.C., #494.) Facts, issues, decision similar to Matles, 358.9.
358.11. U. S. v. Diamond. (U.S.S.C., #771.) In denaturalization proceeding, affidavits of good cause filed by Gov't. during second day of trial, not at time complaint was filed. Jy. 26, 1956: DC granted Pets'. motion to dismiss, on ground Ct. had no jurisdiction to proceed, under U.S.S.C. decision in Zucca, 351 U. S. 91. CA 9 affirmed. Issue: did filing during trial satisfy Zucca requirements? Apr. 7: U.S.S.C. granted petition for certiorari, affirmed dismissal of complaint.

Gostin, Katz and Porter, Esqs., 339 W. Broadway, San Diego, California.

358.12. U. S. v. Fisher. (CA 7, #12,146.) Appeal from judgment of denaturalization, based on finding after jury trial that Def. had obtained naturalization by illegal procurement, fraud, had concealed and misrepresented membership in Communist Party prior thereto. Def. had served almost 3 yrs. during World War II, received numerous decorations. Issues: 1) action barred under doctrine of res judicata, naturalization being judgment of Ct.; 2) statute invalid as ex post facto law and bill of attainder, constitutes encroachment by Congress on sphere of judiciary; 3) statute encroaches on Def's. First Amdt. rights. Appeal pending.

Pearl M. Hart and Edmund Hatfield, Esqs., 30 No. LaSalle St., Chicago.

358.50. Frank v. Rogers. (CA DC., #13,864.) Deportation action against Pet. involving, inter alia, issue of fact: whether Pet. was minor at time of his father's naturalization. Mar. 20: CA held all issues in appeal from deportation order must be decided in single proceeding. In event of error, case cannot be sent back for rehearing on single issue, such as citizenship, but for rehearing on all issues raised. Remanded to DC.

Jack Wasserman, Esq., Warner Bldg., and David Carliner, Esq., Warner Bldg., both of Washington, D. C.

358.51. Heikkila v. U. S. (ND Calif.) Pet., born of U. S. citizen-parents in Finland, entered U. S. at age 6 mths. for permanent residence, arrested for deportation in 1947 for membership in Communist Party 1928-1939. After repeated legal proceedings, Pet. moved for dismissal of deportation order in light of U.S.S.C. decision in Rowoldt, 258.1. Mar.: DC sustained deportation, held Galvan, not Rowoldt, applied. May 2 set for argument over wording of order. Apr. 18, 5 p.m.: Pet. taken into custody, prevented from notifying counsel or wife, deported by plane at 11 p.m.. Held 48 hrs. in secret jail in Vancouver before flight to Finland. Apr. 25: Pet. returned to U. S. by U. S. officials on Finnish passport. May 2: hearing on DC order to show cause why Imm. Service officials should not be held in contempt of court, and on merits of deportation order.

Lloyd McMurray, Esq., 785 Market St., San Francisco.

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

360.1. In re Baird. (Calif. Sup. Ct.) For facts, see II DOCKET 60. 1957: Dist. Ct. of App. refused to issue writ of habeas corpus. Calif. Sup. Ct. refused to grant hearing. Case closed.
360.2. Brown v. Hoblitzell, Sheriff. (Ky. Ct. of App., #V-59-55.) (307 S. W. 2d 739.) For facts, see II DOCKET 77-78. Dec. 13, 1957: Rehearing denied.
360.3. Van Arsdale v. Caswell. (Ky. Ct. of App., #S 44-57.) Aug. 20, 1956: Warrant sworn against Pet. by Def., charging drunken driving; additional charge: pointing deadly weapon. Sept. 27: at trial in Louisville Police Ct., warrant for drunken driving "filed away"; other charge amended, Pet. fined. Nov. 30, 1956: Pet. filed suit for malicious prosecution against Def. Ct. granted Def's. motion for summary judgment because drunken driving charge not finally terminated in favor of Pet. Ct. of App. affirmed, held correct procedure where indictment "filed away" is for accused to object, demand Pros. Atty. either bring to trial or dismiss charge. (Montgomery, J., dissented.)

Raymond C. Arny, Esq., 808 Washington Bldg., Louisville, Ky.

Amicus appearance by Herbert L. Segal, Esq., 403 Republic Bldg., Louisville, for Kentucky Civil Liberties Union.

370. Counsel
371. Federal cases
372. State cases

372.1. Henderson v. Michigan. (CA 6.)*
372.3. Hinkley v. Washington. (Wash. S. Ct., #33869.)*
- 58 -

372.4. Crooker v. California. (U.S.S.C.) Def. arrested, questioned by police re murder of his employer. Def. requested opportunity to consult counsel. Permission granted only after 14 hrs. of questioning and his signing of confession. After trial, convicted. U.S.S.C. granted certiorari. Apr. 6: argument; decision awaited.

Robert W. Armstrong, Esq., Huntington Park, California. Amicus brief filed by Fred Okrand, Maxwell E. Greenberg and Marvin Leon, Esqs., for A.C.L.U. of S. Calif., 2863 W. Ninth St., Los Angeles.

372.5. McKenzie v. Mississippi. (Miss. Sup. Ct.) Def.-Negro charged with murder. Ct. appointed 9 attorneys for Def. five mths. before trial. None of attys. conferred with Def. until half hour before trial. After trial, convicted; sentence: death. Apr. 7: Miss. Ct. reversed, granted motion for new trial on ground of denial of right to counsel.
373. Indirect restrictions

373.1. Re Gladstein. (DC Hawaii.)*
373.2. Re Bouslog. (CA 9, #15,109.)*
373.3. Re Bouslog. (DC Hawaii, Misc. #649)*
373.6. Matter of Isserman. (CA 2.)*
373.20. In re Patterson. (Colo. Sup. Ct.) (317 Pac. 2d 1041.) Def. convicted of participation in confidence game. Def., appearing pro se, applied for free transcript or bill of exceptions. Trial Ct. denied application. Nov. 25, 1957: Colo. Sup. Ct. reversed, held Trial Ct. should have determined issue of Def's. indigency before ruling on application.

Jack Carver Patterson, pro se.

380. Confrontation
Law review note:

Anonymity of the informer—a conditional non-personal privilege, 13 NYU Intramural Rev. 141 (Jan. 1958).

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

390.3. Canon City v. Merris. (Colo. Sup. Ct., #17964.) Mar. 22: Colo. Sup. Ct. held that any person charged with an offense covered by both municipal ordinance and State statute is entitled to all rights of Def. in criminal case, even if tried by City, including trial by jury, right to be considered for probation, right to preponderance of evidence rule to prove guilt. Sup. Ct. set Apr. 1 deadline for Muni. Cts. to comply with ruling. Pl.-City's petition for rehearing pending.

E. H. Stinemeyer, Esq., 424 Macon Ave., Canon City, Colorado.

400. Excessive Bail; Parole Conditions
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. Mar. 31: U.S.S.C. (5-4) affirmed conviction for contempt for failure to surrender for sentencing. (See discussion in HIGHLIGHTS.)
411.3. Thompson v. U. S. (SD NY.) For facts, see II DOCKET 78. Apr. 18: argument in DC on Def's. motion for leave to include additional grounds in support of original motion, under 28 U.S.C. 2255.

And see Heikkila, 358.51.

412. Extradition

412.3. New York ex rel. Reid v. Ruthazer, Warden. (NY Sup. Ct., App. Div., 1st Dept.)*
413. Civil cases

413.1. DeSilva v. TWA. (SD NY, #99198.) For facts, see II DOCKET 21. Feb. 1958: case settled with payment by Def. to Pl. for false arrest based on transportation of Pl. against her will from Ceylon to New York.
490. Miscellaneous Due Process

490.2. U. S. v. Sharpnack. (U.S.S.C.) (355 U. S. 286.) Report at III DOCKET 38 erroneous. Correct statement: Def. indicted in DC for sex offense committed on U. S. Army Post in Texas. Offense had been made criminal in Texas subsequent to 1948. Issue: whether Congress may "legislatively assimilate" state criminal statutes enacted subsequent to enactment of Fed'l. Assimilative Crimes Act of 1948? DC dismissed indictment on ground of invalid delegation to states of fed'l. authority over Army Posts. On appeal by U. S., U.S.S.C. reversed and remanded, upheld delegation.

Joel W. Westbrook, Esq., Natl. Bank of Commerce Bldg., San Antonio, Texas.

490.3. Anderson v. Britton (Ore. Sup. Ct.) (318 F. 2d 291.) Petition for writ of habeas corpus contending conviction of member of Indian tribe in state ct. void for lack of jurisdiction. Trial ct. dismissed. 1957: Ore. Sup. Ct. affirmed on ground state ct. had jurisdiction to try Indian for crime committed on Indian reservation under 67 Stat. 588 (1953) and Fed'l Gov't's. withdrawal from this field.
- 59 -


500. Elections
501. Racial discrimination

501.2. Ivy v. Cole, Registrar, Halifax Co. (ED N.C., Wilson Div., #610-Civ.)*
501.3. Lassiter, et al. v. Taylor. (ED N.C., #1019.)*
501.6. Alabama v. Tuskegee Civic Ass'n. (Macon Co. Cir. Ct.)*
501.7. Darby v. Daniel. (SD Miss., Jackson Div., #2748.) Mar. 14: class action brought by Pl.-Negro against Cir. Clerk of Jefferson Davis Co., and Miss. Atty. Genl. for declaratory judgment and injunctive relief. Issues: constitutionality of certain Miss. statutes and constitutional provisions re voting and acceptance of aid in bringing suits to challenge state statutes. Pl. describes manner in which voting laws applied to thwart Pl's. efforts to register and alleges that Pl., in order to test validity thereof, sought and secured legal aid and assistance from N.A.A.C.P. Legal Defense and Educational Fund. Apr. 1: 3-judge Ct. appointed to hear cause.

R. Jess Brown, Esq., 1105½ Washington St., Vicksburg, Mississippi; Robert L. Carter, Esq., N.A.A.C.P., 20 W. 40th St., and Constance Baker Motley and Thurgood Marshall, Esqs., N.A.A.C.P. Legal Defense and Educational Fund, 10 Columbus Circle, NYC.

502. Political discrimination

502.3. Christian Nationalist Party, et al. v. Jordan, Calif. Secy. of State. (U.S.S.C.)


502.4. Socialist Party v. Jordan, Calif, Secy. of State. (U.S.S.C.) For facts, see II DOCKET 61, III DOCKET 14, 38. Petitions for certiorari pending.
510. Juries
511. Federal employees
512. Racial discrimination

512.5. Eubanks v. Louisiana. (U.S.S.C., #550.)*

Herbert J. Garon and Leopold Stahl, Esqs., Natl. Bank of Commerce Bldg., New Orleans.

512.6. Lamkin v. Texas. (U.S.S.C.)*
512.8. Barry v. Texas. (Tex. Ct. of Cr. App.) (305 S.W. 2d 580.) Appeal from conviction for rape on ground Def. prejudiced by excusing of one Negro juror because Ct. had no facilities to house and feed an inter-racial jury. Mar. 1957: Tex. Ct. of Crim. App. held no error, since Def. did not show himself to be a Negro. Dissent: discrimination was against juror, not Def., and by that discrimination, Def. was denied due process.
512.9. U. S. ex rel. Goldsby v. Harpole. (CA 5.) (249 F. 2d 417.) Pet. convicted of murder in Mississippi state ct. Pet. filed petition for writ of habeas corpus in DC, on ground he was denied due process because of systematic exclusion of Negroes from jury lists. DC dismissed petition. 1957: CA 5 reversed.
512.10. Bary v. U S.. (CA 10.) (248 F. 2d 201.) In appeal from conviction for conspiracy to violate the Smith Act (see Bary, 241.8) CA refused to reverse on ground Negroes and persons of Spanish-American descent systematically excluded from jury panels. CA 10 found no systematic exclusion, reversed on other grounds.
512.11. Kansas v. Lopez. (Sup. Ct. Kan.) (318 P. 2d 662.) Appeal from criminal conviction on ground Mexicans or persons of Spanish descent systematically excluded from jury service. 1957: Kan. Sup. Ct. affirmed, held Mexican population of county not large enough to raise presumption of systematic exclusion; no race discrimination shown in selection of jury panel.
512.12. Goldsby v. Mississippi. (ND Miss.) Def.-Negro convicted of murder in state court. Apr. 4: on appeal to DC on ground Def. denied civil rights because Negroes excluded from trial jury, Ct. held Def. had failed to prove during state trial any "systematic exclusion" of Negroes from grand or trial jury, and therefore had waived right to raise issue later in fedl. proceeding.

George Leighton, Esq., Chicago.

513. Economic discrimination
514. Political discrimination
515. Discrimination against women
520. Education
Law review note:

Implementation of desegregation by the lower courts, 71 Harvard L. Rev. 486 (Jan. 1958.)

521. Challenge to unequal facilities

521.1. Holland v. Bd. of Public Instruction. (Palm Beach.) (CA 5, #16897.) For facts, see II DOCKET 22, 61, 79, III DOCKET 15. Apr. 15: heard and submitted.
522. Suits to enforce integration

522.Ala2. Shuttlesworth, et al. v. Birmingham Bd. of Educ. (DC Ala.) Pl.-Negro children took battery of tests under state pupil placement act. Aug. 20, 1957: Pls. requested assignment on non-racial basis to nearest schools. Def.-Bd. has not acted on request. Suit to require placement on non-segregated basis filed, to be heard by 3-judge statutory ct.
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., W. Div., #3113.) For facts, see II DOCKET 23, 61, III DOCKET 15, 39. Feb. 20: Def.-Bd. petitioned DC for order vacating desegregation decree entered Aug. 30, 1957, alleging opposition by small group of students and adults, pro-segregation laws passed by state, lack of penal sanctions against obstructionists by fed'l. officers, leaving Def.-Bd.
- 60 -

"standing alone." Feb. 25: Pls. filed motion to dismiss petition. Pending.

And see cases at 522.Ark and 523.Ark and 204.5-.14.

522.Ark3a. Smith, et al. v. Gov. Faubus, et al. and Ark. Sovereignty Comm. (Little Rock.) (ED Ark., #3415.)*
522.Ark3b. Smith, et al. v. Gov. Faubus, et al. and Ark. Sovereignty Comm. (Little Rock.) (Pulaski Co. Cir. Ct.)*

And see cases at 523.Ark and 204.5-.12.

522.Dela1. Jackson, et al. v. Buchanan, Members of Dela. 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.) (CA 3, #12,375.)


522.Dela3. Holloman, et al. v. Buchnan, et al. (Hilton.) (CA 3, #12,378.)


522.Dela4. Coverdale, et al. v. Buchanan, et al. (Greenwood.) (CA 3, #12,377.)


522.Dela5. Creighton, et al. v. Buchanan, et al. (Laurel.) (CA 3, #12,379.)


522.Dela6. Denson, et al. v. Buchanan, et al. (Seaford.) (CA 3, #12,380.)


522.Dela7. Oliver, Jr., et al. v. Buchanan, et al. (Clayton.) (CA 3, #12,381.)


522.Dela8. Staten, et al. v. Buchanan, et al. (Milford.) (CA 3, #12,376.) For facts, see II DOCKET 23, III DOCKET 15-16, 39. Feb. 20: heard and submitted.
522.Dela9. Dennis, et al. v. Baker, et al. (Dover.) (DC Dela.)*
522.Fla1. Florida ex rel. Hawkins v. Bd. of Control of Fla. (CA 5, #17,116.) For facts, see II DOCKET 23, 61, 79, III DOCKET 16. DC denied preliminary injunction. Appeal pending before CA 5, on Relator's contention DC abused its discretion in refusing to grant injunction in face of undisputed, controlling facts and applicable law.
522.Fla1a. Hawkins v. DeVane. (CA 5.) After Relator in 522.Fla1 filed notice of appeal, DC granted Def's. motion to stay all proceedings pending disposition of appeal, without notice to Relator. Rel. filed petition for writ of mandamus against DC. Issue: whether appeal from interlocutory order requires or permits stay in proceedings, except in extraordinary circumstances.
522.Fla2. Gibson, et al. v. Dade Co. Bd. of Public Instruction, et al. (SD Fla., #6978-M.) For facts, see II DOCKET 23, 61, III DOCKET 16, 39. Feb. 3: DC denied Pl's. motion to advance trial date and Def's. motion for summary judgment. Feb. 5: DC, on own motion, set pre-trial conference Mar. 17 to: 1) simplify issues; 2) determine desirability of amending pleadings; 3) obtain stipulations; 4) limit no. of expert witnesses, if any; 5) consider advisability of reference to a master for findings of fact.
522.Ga2. Hunt, et al. v. Arnold, Ga. State School of Business Adm. (ND Ga., Atlanta Div., #5781.) For facts, see II DOCKET 45. Feb. 18: pre-trial held.
522.Ga3. Calhoun v. Latimer (formerly entitled Calhoun v. Jarrell.) (Atlanta.) (ND Ga., Atlanta Div., #6298.) For facts, see III DOCKET 39-40. Mar. 10: Defs. filed motion to dismiss, alleging inter alia, failure to exhaust state administrative remedies.
522.Kan1. Cameron v. Bd. of Educ. (Bonner Springs.) (Kan. Sup. Ct.) (318 P. 2d 988.) 1957: Kan. Sup. Ct. issued writ of mandamus requiring Def.-Bd. to integrate its public schools by Fall term, 1958.
522Ky5. Green et al. v. Bd. of Educ. (McCracken Co.) (WD Ky., Paducah Div., #903.)*
522.Ky6. Wilburn, et al. v. Holland, Supt., Fulton City Schools, et al. (WD Ky., Paducah Div., #910.)*
522.Ky7. Grimes, et al. v. Smith, et al. (Owen Co.) (ED Ky., Lex. Div.) For facts, see III DOCKET 40. Feb. 20: Pls' motion for summary judgment sustained, except that DC ordered Defs. to carry out high school integration beginning Sept. 1957 and to make reasonable start toward full integration of elementary grades on or before Sept. 1958, with leave to seek additional time if they promptly devise plan which promises reasonably prompt full integration by June 16.
522.Ky8. Spalding v. Wooley, et al. (Ky. Ct. of App.) Appeal from order requiring Def.-Bd. to establish new centrally located high school to accommodate all high school pupils of district, to have school ready for operation by Sept. 1959. Cross-appeal by taxpayers contending that closed high school should be re-opened pending construction of new high school. 1957: affirmed with modifications on ground that order of trial ct. was designed to produce substantial equality of educational opportunities.
522.La1. Bush, Jr., et al. v. Orleans Parish School Bd., et al. (ED La., #3630.) For facts, see II DOCKET 23, 62, 79-80, III DOCKET 40. Apr. 2: DC ordered both parties to file briefs by Apr. 12, following CA affirmance of DC order.
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. (ED La., Baton Rouge Div., Civ. #1238.)*
- 61 -

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, #16854.)*
522.La8. Bailey v. La. State Bd. of Educ. (CA 5, #16,856.)*
522.La9. Lark v. La. State Bd. of Educ. (CA 5, #16,855.)*
522.Md2. Slade, et al. v. Bd. of Educ. (formerly entitled Moore v. Bd. of Educ.) (Harford Co.) (CA 4, #7552.) For facts, see II DOCKET 24, 46, 62, 80, III DOCKET 16, 40. Feb. 12: CA 4, per curiam, affirmed DC approval of Def.-Bd's. amended integration plan including piecemeal desegregation on elementary level and transfer of "qualified" Negro high school students.
522.NC2. Covington, et al. v. Edwards, Supt. of Schools, et al. (Montgomery Co.) (MD N. C., Rockingham Div., Civ. #323.)*
522.NC3. Royster, et al. v. Bradsher, et al. (Person Co.) (MD N. C., Durham Div., #194-D.)*
522.NC4. Weaver, et al. v. Bd. of Trustees of Chapel Hill Graded Schools, et al. (MD N. C., Rockingham Div., #158-D.)*
Error. Ward v. Bd. of Educ. (Knoxville.) (Description in III DOCKET 40 as N. C. case erroneous. See 522.Tenn3, III DOCKET 61.
522.NC6. Jeffers v. Whitley, N. C. State Supt. of Public Instruction, N. C. Bd. of Educ., et al. (Caswell Co.) (MD N. C., Greensboro Div., #1079.) For facts, see III DOCKET 40. Jan. 20: Pls. applied for leave to file supplemental complaint alleging exhaustion of state administrative remedies provided under N. C. Pupil Assignment Act. Mar. 26: hearing on application.
522.NC7. Holt, Jr. v. Bd. of Educ. (Raleigh.) (ED N. C., #1064.) For facts, see III DOCKET 40. Jan. 28: Ct. denied Pl's. motion for summary judgment. Apr. 9: N. C. Atty. Genl.. asked leave to appear as amicus curiae. Taylor and Mitchell, Esqs., 125 E. Hargett St., N. C.
522.Okla2. Brown, et al. v. Long, Pres., Morris Independent School Dist., et al. (Okmulgee Co.) (ED Okla., Civ. #4245.)*
522.Okla3. Simms, et al. v. Hudson, Pres. Preston Independent School Dist., et al. (Okmulgee Co.) (ED Okla., #4246.)*
522.Okla4. Bailey, et al. v. Hodge, Hall, Supt. Okla. School for Deaf, et al. (WD Okla., #7441-Civ.) For facts, see II DOCKET 80. Jy. 31, 1957: DC held for Pl., that any Negro child of proper age be admitted to Def.-School beginning Sept. 2, 1957.
522.Pa1. In re Girard's Estate. (U.S.S.C.) For facts, see II DOCKET 62, 80, III DOCKET 16, 40. Apr. 23: State of Pa. and City of Philadelphia filed petition for certiorari.
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., #2094.) For facts, see II DOCKET 25, 46, III DOCKET 16-17, 40. Feb. 18: DC denied Def.-Bd's motion to dismiss, held administrative remedy under state Pupil Assignment Act inadequate, held Pupil Preference Plan unconstitutional, under which parents would choose whether to send students to segregated or integrated schools. Ct. ordered Bd. to adopt by Apr. 7 a "substantial plan and one which contemplates elimination of racial discrimination throughout the school system with all deliberate speed." Feb. 25: after bombing of school, DC issued restraining order to prevent interference with orderly desegregation of city schools. Mar. 31: Def.-Bd. adopted plan to end segregation at rate of one new grade each yr. (Integration of first grade began Fall 1957.)
522.Tenn3. Ward v. Bd. of Educ. (Knoxville.) (ED Tenn., N. Div., #3158.) (Erroneously listed at 522.NC5, III DOCKET 40.) Jan. 1957: Class action filed for injunctive relief requiring Def.-Bd. to desegregate schools. June 28, 1957: Def.-Bd. filed brief alleging it had made start to solution of desegregation problems by holding faculty conference to discuss question. Dec.: Pls. again petitioned DC to set trial date soon. DC pointed out 3 members of Bd. elected in Nov. needed time to help Bd. draft plan. Pending.
522.Tex5. Borders, et al. v. Rippy, et al. (Dallas.) (ND Texas, Dallas, #6165.) For facts, see II DOCKET 25, 46, III DOCKET 17, 41. June 2: entry of final order in accordance with CA 5 mandate of Jan. 27.

And see Dallas, 523.Tex1.

522.Tex7. Ross v. Rogers, Pres. Houston Independent School Dist. (DC Tex., Houston, #10,444.)*
522.Va1. Allen, et al. v. County School Bd. (Prince Edward Co.) (U.S.S.C.) For facts, see II DOCKET 25, 46, III DOCKET 41. Mar. 3: U.S.S.C. denied Def's. petition for certiori.
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.) (DC Va., Newport News Div., #489.)*
522.Va4. Beckett, et al. v. School Bd. (Norfolk.) (DC Va., Norfolk Div., #2214.)*
522.Va5. Allen, et al. v. School Bd. (Charlottesville.) (WD Va., #51.)*
522.Va6. Thompson, et al. v. School Bd. (Arlington.) (U.S.S.C.) For facts, see II DOCKET 26, 46, 63, III DOCKET 17, 41. Apr. 2: Def's. petition for certiorari filed.
522.Va7. DeFebio v. County School Bd. (formerly entitled DeFebio v. Richmond Placement Bd.) (Fairfax Co.) (U.S.S.C.) For facts, see II DOCKET 81, III DOCKET 41. Pl's. petition for certiorari pending.

C. Douglas Adams, Jr. and Albert I. Kassabian, Esqs., Annandale, Fairfax Co., Va.

522.Va8. Calloway, Jr., et al. v. Farley, et al. (Richmond.) (ED Va., Richmond, #2616.)*
522.Va9. Klein v. Falls Church School Bd. (Va. Co. Ct.)*
522.Va10. Walden, et al. v. Farley, et al. (Suffolk Co.) (DC Va., Norfolk, #2550.)*
522.Va11. Estes, et al. v. Farley, et al. (Norfolk Co.) (DC Va., Norfolk, #2551.)*
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522.Val2. Jordan, et al. v. Farley, et al. (Nansemond Co.) (DC Va., Norfolk, #2552.)*
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., #108306.)*
523.Ark3. Wilbern v. Blossom, Little Rock School Bd., et al. (Pulaski Chancery Ct., #108316.)*
523.Ark6. Faubus, et al. v. U. S. (amicus curiae, Pet.), Aaron, et al. and Bd. of Trustees of Little Rock Independent School Dist., et al. (formerly entitled Re Gov. Faubus.) (CA 8, #15904.) For facts, see III DOCKET 15 under Aaron, 522.Ark3, and 41. Apr. 28: CA 8 upheld DC dismissal of appeal by Gov. Faubus from DC injunction against use of Ark. Natl. Guard troops to keep Negro children from entering Central High School. Ct. held Arkansas could not lawfully use its forces to suppress "rights" which it is "the duty of the state to defend. The use of troops or police for such purposes would breed violence. It would constitute an assurance to those who resort to violence to obtain their ends that if they gathered in sufficient numbers to constitute a menace to life, the forces of law would not only not oppose them but would actually assist them in accomplishing their objective."

Thurgood Marshall, Esq., 10 Columbus Circle, NYC and Wiley Branton, Pine Bluff, Ark. for Aaron, et al.

George C. Doub, Asst. U. S. Atty. Genl. and Donald B. MacGuineas, Chief, Genl. Litigation Sec., Dept. of Justice, Washington, D. C. and Osro Cobb, U. S. Atty., Little Rock, for amicus curiae-appellee U. S.

A. F. House, Esq., 314 W. Markham St., and R. C. Butler, Esq., Boyle Bldg., both of Little Rock, for School District.

523.Ark7. Jackson, et al. v. Col. Kuhn, Natl. Guard. (Little Rock.) (CA 8, #15889.) For facts, see Aaron, 522.Ark3, III DOCKET 15 and 41. Apr. 28: CA 8 dismissed suit.
523.Ark8. Thomason v. Cooper. (Little Rock.) (CA 8, #15,915.) For facts, see III DOCKET 41. Facts on appeal similar to Jackson, 523.Ark7. Apr. 28: CA 8 dismissed appeal. And see cases at 522.Ark3, .Ark3b, .Ark2; 523.Ark2, .Ark3, .Ark6, .Ark7; N.A.A.C.P. cases at 204.5-204.14.
523.Ky1. Grubbs, et al. v. Gov. Chandler, et al. (Franklin Co. Cir. Ct.)*
523.NC2. In re: Application for Reassignment. (Greensboro.) (N. C. Sup. Ct., #612.) For facts, see III DOCKET 42. Jan. 10: N. C. Sup. Ct. affirmed Super. Ct. denial of injunction.
523.Tex2. Dallas Independent School District v. Edgar, Tex. Commr. of Educ. (ND Tex., Dallas.) Pl.-Bd. filed suit to determine its position under new laws: H.B. 65, which calls for withdrawal of state aid from any school dist. which integrates without approval of majority of voters, and fines; H.B. 231, pupil assignment act. DC denied request for 3-judge statutory ct.; dismissed case because no state cts. have passed on constitutionality.
530. Housing
531. Public

531.1. Queen Cohen v. Savannah Housing Authority, et al. (CA 5, #16866.)*
531.5. Eleby v. Louisville Municipal Housing Authority. (WD Ky., Louisville Div., #3240.)*
531.6. NY State Comm. Against Discrimination v. Pelham Hall Apts., Inc. (NY App. Div., 2d Dept.) For facts, see II DOCKET 81, III DOCKET 17, 42. Def's. appeal pending.

Henry Spitz, general counsel, S.C.A.D., Milton Rosenberg and Evelyn E. West, Esqs., 270 Broadway, NYC.

531.6b. Re Tannenbaum and Gardner. (NY App. Div., 2d Dept.) Sup. Ct. in Pelham Hall denied Pets. application to intervene. Pets.' appeal pending.
531.6c. Matter of Pericone v. S. C. A. D. (N. Y. Ct. of App.) Mandamus to compel permission to intervene, trial ct. having denied leave. N. Y. Ct. of App. dismissed appeal, denied leave to appeal in Pelham Hall case.
531.7. Sanders v. Cruise, NYC Housing Auth. (NY Co. Sup. Ct.) Proceeding under Art. 78 Civ. Pr. Act, to review action of housing authority in ordering removal of Pl. as tenant of housing project, because her son had been arrested for possession of narcotics. Action was taken by housing authority under its regulation permitting eviction of tenants because of immoral conduct or undesirability. Issues: Def's. abuse of discretion and authority in depriving family of apartment because of action of child, attempted censorship of private lives of tenants. Ct. granted injunction, held family not undesirable tenants due to son's conduct.

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

532. Private
Law review article:

Mark J. Satter, Land Contract Sales in Chicago: Security Turned Exploitation, Chicago Bar Record (Mar. 1958).

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.) For facts, see II DOCKET 27, 81. Ct. held for Defs., would not award damages since Defs. acted in good faith.
532.8. Pennsylvania v. Williams, et al. (Levittown.) (Bucks Co. Com. Pleas Ct.)*
532.10. Carmichael v. Christenson, and Village of Maywood. (Cook Co. Super Ct., #57 S 17586.)*

Hoellen and Willens, Esqs., 1940 Irving Park Rd., Chicago.

532.11. Seckinger, et al. v. City of Altanta, et al. (Ga. Sup. Ct.) (100 S.E. 2d 192.) Injunction against erection of shipping center to be used by both Negro and white persons sought on ground that restrictive covenant provided "No person of any race other than the white race shall use or occupy
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any building or lot." 1957: Ga. Sup. Ct. denied injunction, held erection of shipping center would not violate terms of covenant.
532.12. Capital Fed'l Svgs. and Loan Assn., et al. v. Smith, et al. (Colo. Sup. Ct.) (316 P. 2d 252.) Defs. appealed from refusal to enforce restrictive covenant on ground that, unlike Shelley v. Kraemer, covenant provided for automatic forfeiture and created a future interest in land. 1957: Colo. Sup Ct. upheld refusal to enforce restrictive covenant.
532.13. Jones Cut Stone Co. v. New York. (NY Ct. of Claims.) (166 N.Y.S. 2d 742.) In action for damages against state by Pl. who leased land from state for its quarry, Ct. held that state holds title to Indian reservation subject to its possession as common property by the Onondaga Tribe.
532.14. Putman, et al. v. U. S. (CA 8.) (248 F. 2d 292.) 1957: CA 8 upheld cancellation of leases of Indian trust lands, held U. S. holds land within Indian reservation in trust for Indians, and land is restricted as to alienation.
532.15. Bolton v. Crane, et ano. (Cook Co. Super. Ct., #57 S 6577.) Pl.-Negro couple purchased home on contract from Def. for $13,900, paid $1,400, then defaulted in payment; Def. brought eviction proceeding. Complaint alleges: Def. represented property worth purchase price, tho Def. had paid only $4,000 for same "with sole purpose of reselling * * * immediately to Pl. or persons similarly situated at * * * [high] price, and that the Defs. knew full well that Pl. and others * * * similarly situated are in desperate circumstances regarding housing accommodations in * * * Chicago." Pl. asks Ct.: to reform contract, to restrain Def. from continuing eviction action, to disclose to Ct. all circumstances of Def's. purchase of property, to restrain Defs. from making further sales of similar properties May 1957: Super Ct. struck last count; Defs. assured Ct. no steps would be taken to evict Pls. Pls. remain in possession, have made no new payments on contract. One of issues: as matter of law, is it in itself fraudulent conduct to make practice of buying at one price with sole purpose of reselling immediately to Negro buyer at 3 or 4 times original price, without need of proof of any further conduct? Pending.

Mark J. Satter, Esq., 134 N. LaSalle, Suite 506, Chicago.

540. Transportation
541. Interstate

541.3. Watson v. Eastern Air Lines. (SD NY.) Action for damages resulting when Pl.-passenger on airline from New York to Florida was thrown off bus to which passengers had been removed when plane forced to land at Atlanta, at Anniston, Ga. about 50 miles from her destination with her luggage, bus driver saying "I don't want you Northern niggers on this bus." Action transferred from NY Co. Sup. Ct. where it was commenced.

Frank Marcus, Esq., 38 Park Row, NYC.

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.)*
542.5a. Garmon, et al. v. Miami Transit Co., Inc., et al. (CA 5, #16890.) For facts, see II DOCKET 48, III DOCKET 42. Mar. 31: heard and submitted.
542.7. Inter-Civic Council of Tallahassee, Inc., et al. v. City of Tallahassee. (Cir. Ct., Leon Co., Law #8502.)*
542.7a. Speed v. Tallahassee. (U.S.S.C., #783.) Three Negro students convicted for violating bus-seating ordinance. On appeal, Fla. Cir. Ct. affirmed. Issue: constitutionality of ordinance requiring bus drivers to assign passengers to seats in such way as to distribute their weight equally, assure health and safety and prevent violence (with no mention of race). Mar. 17: U.S.S.C. denied certiorari.

Thurgood Marshall, Constance B. Motley, Esqs., N.A.A.C.P. Legal Defense and Educational Fund, 10 Columbus Circle, NYC.

542.8. Georgia v. Rev. Borders, et al. (Ala. Crim. Ct.)*
542.9. Morrison v. Davis. (CA 5, #16,886.) For facts, see III DOCKET 42. Feb. 19: CA 5 affirmed DC order enjoining racial segregation on public transportation facilities in New Orleans, held Parks case, 542.1, disposed of City's contention that fed. ct. should not enjoin application or enforcement of legislation which imposes criminal sanctions for its violation; ruled Negroes did not have to put themselves in position to be arrested and prosecuted in order to test constitutional rights to nonsegregated public transportation.
542.10. Simpkins v. Mayor Gardner, et al. (WD La., Shreveport Div.)*
542.11. City of Montgomery v. Rev. Pleasure. (Ala. Cir. Ct., #5767.)*

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

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.Cal3. Peoples, et ano. v. Club Primadonna, et al. (Super. Ct., San Francisco.) For facts, see III DOCKET 43. Ct. granted Defs.' demurrer, without opinion. Amended complaint filed; motion to quash constructive service on Nevada corp. pending.
551.Cal4. Teverbaugh, et al. v. El Rey Trailer Parks, et al. (San Diego Co. Super. Ct., #215911.)*
551.Colo1. Jernigan, et al. v. Lakeside Park Co. (Colo. Sup. Ct.) (314 P. 2d 693.) Action for statutory damages because of denial of admission to public swimming pool because of race. 1957: Colo. Sup. Ct. held writ of error will lie only from final judgment, not from ruling on motion directed to pleadings, even though that ruling may have been improper.
551.DC1. Mitchell v. Boys Club of Metropolitan Police, D. C., et al. (DC DC.) (157 F. Supp. 101.) 1957: DC held Def.-Club a private corporation not controlled by gov't.
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of Dist. of Columbia and therefore entitled to continue its practice of maintaining segregated clubs.
551.Fla2. Moorhead, et al. v. City of Fort Lauderdale. (CA 5.) For facts, see II DOCKET 82, III DOCKET 18. Def.-City's appeal pending.
551.Fla3. Ward, et al. v. City of Miami. (CA 5.) For facts, see III DOCKET 18. Def.-City's appeal pending.
551.Mich1. Bishop, et al. v. Hotels Statler Co., Inc., et al. (ED Mich. S. Div., #16801.)*
551.NY2. Re Green Witch Club. (NY Nassau Co., Sup. Ct., Mineola.)*
551.NY3. Lake Placid Club v. Abrams, State Commission Against Discrimination. (NY App. Div., 3d Dept.) Complainant charged Pl.-Club discriminated against him on basis of race S.C.A.D. Commr. held Pl. was not place of public accommodation within meaning of statute, but private club. Act requires request for reconsideration by S.C.A.D. chairman must be made within 15 days of ruling. No such request having been made during period, Pl.-Club sued to prevent Def.-S.C.A.D. chairman from reconsidering. Sup. Ct. held for Pl.; Def's. appeal pending.

Henry Spitz, general counsel, S.C.A.D., Solomon Heifetz, Esq., S.C.A.D., 270 Broadway, NYC.

551.NC1. North Carolina v. Simkins, et al. (NC Sup. Ct.)*
551.Pa1. Brackeen, et al. v. Ruhlman, et al. (Allegheny Co. Common Pleas Ct., #1526.) Oct. 19, 1957: Ct. granted injunction against Def., held its use of device of skating club for denying admission to Negroes violated Pa. civil rights act.
551.Va3. Williams v. Howard Johnson's Restaurant. (ED Va.) Pl.-Negro refused service by Def. Apr. 20 because of race, filed suit for $500 damages from restaurant, mgr., waitress, asked judgment that restaurant situated adjacent to interstate highway is facility in interstate commerce. Pending.
552. Others

552.Mich1. Russau, et ano. v. Restlawn Memorial Park Corp., et al. (Grand Rapids Super. Ct., Law #5279.)*
522.Va1. Bissell v. Virginia. (Va. Ct. of App.)*
560. Family Matters
561. Marriage and divorce
562. Adoption
563. Custody

563.5. Ondrejka v. Ondrejka. (Wis. Sup. Ct.) For facts, see II DOCKET 64. May 5: heard and submitted.
563.7. Miller v. Sisters of St. Mary of Oregon, Inc., et al. (Washington Co. Cir. Ct., Ore., #20387.) Writ of habeas corpus brought by father to have 19-yr.-old daughter removed from convent where she is studying to become a nun. Trial Ct. held girl was emancipated because of parents' ultimatum she must choose between her home and Catholicism, dismissed writ.

William H. Boland, Esq., Public Service Bldg., Portland, Ore.

564. Miscellaneous

564.5. Louisiana ex rel. Dupas v. New Orleans, et al. (Civ. Dist. Ct., Orleans Parish, #355-877, Div. B.) Oct. 31, 1957: Ct. issued writ of mandamus to compel city to issue delayed birth certificate showing relator to be white, where evidence showed relator was accepted as white during life and city failed to show beyond reasonable doubt he was of Negro ancestry.
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. (Missouri Sup. Ct.)*
571.3. Wise v. Gasaway, et al. (ED Ark. Civ. #2736.) For facts, see II DOCKET 29. Pl. asked dismissal of suit because salaries of Negro and white teachers have been equalized. Case dismissed.
571.4. Jeanpierre v. State Commission Against Discrimination. (NY Ct. of App.) For facts, see II DOCKET 29, III DOCKET 19. Apr. 3: Ct. of App. held determination by S.C.A.D. Commr. reviewable, but question on review is whether action was arbitrary or capricious; held determination of "no probable cause" in instant case made after comprehensive investigation could not be said to be arbitrary or capricious.
571.6. Ross, et ano. v. Ebert, Bus. Agent, Bricklayers Union, et al. (Wis. S. Ct.) For facts, see II DOCKET 82. After Wis. Sup. Ct. decision, Wis. Legislature adopted amdt. giving State Industrial Comm. power to issue enforceable FEP orders. Pls. then admitted to Local 8 of Def.-Union.
571.9. Oliphant, et al. v. Bro. Locomotive Firemen and Enginemen, et al. (CA 6, #13387.) For facts, see II DOCKET 82, III DOCKET 19. Apr. 23: heard and submitted.
571.10. Richardson, et al. v. Texas and New Orleans Rr. Co., et al. (DC Tex., Houston, #9240.)*
571.13. Gaines v. Davis, Co. Probation Officer. (Contra Costa Co. Super. Ct.) For facts, see III DOCKET 19. Feb. 10: Ct. granted peremptory writ of mandate, opinion asked, "Can it be validly contended that an inter-racial marriage does not come within the constitutional prohibition against discrimination because of race, creed or color; that such differentiation in marital status applies to both Caucasian and non-Caucasian, and, therefore, not discriminatory? * * * To permit such action to go uncorrected should be of grave concern to believers in the democratic system. To deny the right to the Petitioner of the office to which she was certified by the body authorized by law * * * because of her martal status, would be countenancing an improper exercise of discretion. It would be an approbation of an expressed
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distrust of the entire democratic process as embodied in our federal Constitution."
571.15. Conley, et al. v. Gibson, Bro. of Railway and Steamship Clerks. (SD Tex., Houston Div., #8443.) For facts, see III DOCKET 44. Cite: 355 U. S. 41.*

Roberson L. King, Esq., Houston, Texas.

571.17. Whitfield v. United Steelworkers of America (SD Tex.) (156 F. Supp. 430.) Suit by Negro worker testing labor contract provision for two lines of progression in promotion based on passage of qualifying test. DC held provision non-discriminatory where Negro workers participated and held office in union and promotion policies applied equally to all employees.
571.18. Eaton, et al. v. Bd. of Mgrs., James Walker Memorial Hospital, et al. (MD N.C. Wilmington Div., #700.) Suit by 3 Negro doctors for right to practice medicine in Def.-Hospital, now assertedly denied solely on basis of Pls.' race. Pending.

Robert R. Bond, Esq., Wilmington, N. C.; C. O. Pearson, Esq., Durham, N. C.

580. Civil Actions under Civil Rights Law Not Otherwise Covered

580.1. Tynes v. Gogos. (Muni. Ct. of App., D. C.) For facts, see III DOCKET 44.

O. E. Stone, Esq., 1025 Vermont Ave., Washington, D. C.

590. Criminal Prosecutions under Civil Rights Law