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CIVIL LIBERTIES DOCKET
Vol. III, No. 4
July, 1958
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ABOUT THE CIVIL LIBERTIES DOCKET

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

Concluded cases described in Vol. II will not be mentioned in this issue except to give citations of law review articles and case notes. Pending cases in which there has been no change in status since the last description are listed below and marked with an *. Pending cases in which changes have occurred since the last issue will show the page references of the previous descriptions in Vol. II and Vol. III, Nos. 1, 2, and 3.

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

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

William O. Douglas, The Right of the People. Doubleday and Co. (NYC 1958) Pp. 238, $4.00.

McKeon, Merton and Gellhorn, The Freedom to Read, R. R. Bowker Co. (for Natl. Book Comm. NY 1957) Pp. 110, $2.50.

Roscoe Pound, The Development of Constitutional Guarantees of Liberty. Yale U. Press (New Haven 1957) Pp. 213, $3.50.

Paul G. Kauper, Frontiers of Constitutional Liberty. U. of Mich. Law School (Ann Arbor, 1956) Pp. 251.

Edward Dumbauld, The Bill of Rights and what it means today. U. of Okla. Press (Norman, Okla., 1957) Pp. 242, $3.75.

Bernard Schwartz, The Supreme Court, Constitutional Revolution in Retrospect. Roland Press (1957) Pp. 372, $6.50.

John W. Caughey, In Clear and Present Danger. U. of Chicago Press (Chicago 1958) Pp. 220, $4.00.

Learned Hand, The Bill of Rights, Harvard U. Press (Cambridge 1958) Pp. 77.

Law review articles:

Samuel H. Liberman, Protection of the national security and preservation of basic American rights, 1958 Wash. Univ. L. Q. 1-34.

Wallace Parks, Secrecy and the public interest in military affairs, 26 G. Washington L. R. 23 (Oct. 1957).

Wallace Parks, The Open Government principle: applying the right to know under the Constitution, 26 G. Washington L. R. 1 (Oct. 1957).

Arthur John Keeffe, Comments on the Supreme Court's treatment of the Bill of Rights in the October 1956 Term, 26 Fordham L. R. 468.

Congressional reversal of Supreme Court decisions: 1945-1957, 71 Harvard L. R. 1324 (May 1958).

Pamphlets:

NYC Freedom Agenda Comm., in collaboration with Assn. of the Bar of City of NY, The law of the Bill of Rights: a report on an experiment in Community Education (Carrie Chapman Catt Memorial Fund, Inc., NYC 1958).

Mike Wallace interview with William O. Douglas, Survival and freedom, the Fund for the Republic (NYC 1958).

10. Licensing
11. Meetings
12. Motion Pictures

12.2. Kingsley Intl. Pictures Corp. v. N. Y. Bd. of Regents. (N. Y. Ct. of App., #309.) For facts, see II DOCKET 1, III DOCKET 45. May 5: NY Ct. of App. (4-3) upheld ban on showing of "Lady Chatterley's Lober", reversing App. Div's. holding licensing law invalid as prior restraint. Van Voorhis, Assoc. J., dissenting: motion pictures "should not be singled out as a subject for prior restraint * * * any more than the prior censorship of press, books, the theatre or other media of communication."
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12.7. Kingsley Intl. Pictures Corp. v. City of Providence. (DC R. I.)*
12.8. Kingsley Intl. Pictures Corp. v. Blanc. (Pa. S. Ct.)*
12.9. Times Film Corp. v. Chicago. (DC Ill.)*
12.10. Bell v. Georgia Theatre Co. (DeKalb Co. Super. Ct., Ga., #22,610.) For facts, see III DOCKET 46. Nov. 13, 1957: case dismissed on assurance by Def. that film, "Island in the Sun", will not be shown in Co.
13. Peddlers
14. Miscellaneous

14.4. Florida v. Tracey. (Fla. Sup. Ct.)*
14.5. Mounce v. U. S. (DC DC.)*
14.6. Ohio v. Walton. (Cincinnati Police Ct.) For facts, see III DOCKET 46.*

William F. Hopkins and Harvey B. Wood, Esqs., 1210 Mercantile Library Bldg., 414 Walnut St., Cincinnati 2, Ohio.

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, III DOCKET 46. Case dismissed.
23.7. Adams, et ano. v. Hinkle. (Wash. Sup. Ct., #34132.) (322 Pac. 2d 844.) For facts, see III DOCKET 2. Feb. 28: Wash. Sup. Ct. held state statute requiring prior licensing of dealers and distributors unconstitutional.

Burton C. Waldo, Esq., Kahin, Carmody and Horswill, Central Bldg., Seattle.

23.8. Werner v. City of Knoxville. (ED Tenn. N. Div., #3425.) Suit by Pl.-owner of Gateway Newsstand for temporary injunction against Knoxville Bd. of Review for banning "Peyton Place" and "Revolt of Mamie Stover" under city ordinance giving it authority against obscene publications. Jan. 1958: DC issued temporary injunction against Bd. mentioning particular newsstand when listing banned books and periodicals.
30. Economic Restrictions

30.1. Independent Productions Corp. and I. P. C. Distributors, Inc. v. Loew's Inc., et al. (SD NY, Civ. #110-304.)*
30.2. Rubenstein and Richards v. NYC Police Comm'r. Kennedy, et al. (NY Co. Sup. Ct.)*
30.3. Comm. to Secure Justice for Morton Sobell v. Tavern on The Green. (NY Co. Sup. Ct., #5067/1958.) Pl.-Comm. contracted to hold dinner at Def.-restaurant in city park. Just before event, Def. cancelled contract because of opposition of some groups and of Park Commr. to purposes of Pl. Pl's. application to Ct. to compel compliance with contract denied on holding civil liberties not involved, but only breach of contract.

Donner, Kinoy and Perlin, Esqs., 342 Madison Ave., NYC. Amicus appearances by Am. Civil Liberties Union, 170 Fifth Ave., NYC, by Nanette Dembitz, Esq.; by Emergency Civil Liberties Committee, by Rabinowitz and Boudin, Esqs., 25 Broad St., NYC.

40. Contempt
41. Federal Courts

41.1. U. S. v. Torre. (CA 2.) For facts, see III DOCKET 22. May 2: heard and submitted.
42. State Courts

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

51.2. New York v. DeHaan and Jones. (Bronx Co. Magistrate's Ct.) Defs.-Young Socialist Alliance members arrested when they tried to hold street meeting outside public school before dismissal of all students. Pending.

Amicus appearance by Workers Defense League, 112 E. 19th St., NYC.

52. Obscenity (see also 12, 14)
Annotation:

Constitutionality of federal and state regulation of obscene literature—federal cases. I Law Ed. 2d 2211.

Law review article:

James N. Paul and Murray L. Schwartz, Obscenity in the Mails: A comment on some problems of federal censorship, 106 U. of Pa. L. R. 214 (Dec. 1957).


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

Case notes in:

19 Ohio State Law Journal 137 (Winter 1958);

3 Villanova L. R. 71-78 (Nov. 1957);

41 Marquette L. R. 320 (Winter 1957-58).

52.8. People of New York v. Shapiro, et al. (App. Div., Second Dept.)*
52.9. Nebraska v. Nelson d/b/a Nelson News Co. (Douglas Co. Dist. Ct., Cr. #61, p. 446.) Def. convicted of selling magazines showing nude figures, Ct. holding city ordinance prohibiting sale of obscene publications constitutional under U.S.S.C. definition in Roth, 52.3, since it excludes news stories and "legitimate" historical, scientific and literary works. Fined $100. Appeal pending.

Joseph Emmert and Neal Hilmes, Esqs., 904 City Natl. Bank Bldg., Omaha, Nebraska.

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52.10. Nebraska v. Coren d/b/a Meyers News. (Douglas Co. Dist Ct., Cr. #61, p. 447.) Facts, issues and status similar to Nelson, 52.9.

Irvin C. Levin and Jerry M. Gitnick, Esqs., 300 Brandeis Theatre Bldg., Omaha, Nebraska.

52.11. Nebraska v. Odorisio d/b/a General Distributing Co. (Douglas Co. Dist. Ct., Cr. #61, p. 448.) Facts, issues and status similar to Nelson, 52.9.

Irvin C. Levin and Jerry M. Gitnick, Esqs., 300 Brandeis Theatre Bldg., Omaha, Nebraska.

52.12. California v. Kistler. (Marin Co. Super. Ct.) Dist. Atty. sent copy of Roth decision, 52.3, to all newsdealers, suggesting that sale of "Adam" magazine might constitute violation of Calif. obscenity statute. Jan. 20, 1958: Police closed Def's. candy-and-newspaper store, seized 512 items from 171 categories as "obscene", did not show Def. search warrant he possessed. Under statute, police must deliver "obscene" material seized to magistrate for determination of character of material. This was not done. Included in items seized: ball point pens, gag boxes, books, coins, etc. Def's. demurrer pending.

Carl Shapiro, Esq., of San Francisco, and Albert M. Bendich, Staff Counsel, ACLU of N. Calif., 503 Market St., San Francisco.

52.13. New York v. Bantam Books, Inc., John O'Hara, et al. (Albany Co. Sup. Ct., NY.) Defs. indicted for conspiracy to publish and distribute "Ten North Frederick". Defs. moved to inspect minutes of grand jury, based on circumstantial evidence that only isolated passages were submitted to it. March 24: Ct. granted motion, held: "It has long been the law of NY State that the obscene character of a challenged publication will be determined by viewing it broadly in its entirety."

Horace S. Manges and Jacob F. Raskin, Esqs., 60 E. 42nd St., NYC; James F. Dalton, Esq., 11 N. Pearl St., Albany.

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, 46. Defs. filed motion for leave to file petition for writ of mandamus or prohibition to obtain dismissal of case because failure of Defs., due to circumstances beyond their control, to produce foreign witnesses or their depositions would result in denial of due process. July: CA 9 denied motion. Trial date: mid-Sept.
55. Picketing
Law review articles:

Morris D. Forkosch, An analysis and re-evaluation of picketing in labor relations, 26 Fordham L. R. 391.

Tim L. Bornstein, Organizational picketing in American law, 46 Ky. L. J. 25 (Fall 1957).

Effect of Sec. 8(b)(1)(A) of Taft-Hartley Act on peaceful picketing and related activities of minority unions, 42 Minn. L. R. 459.

Right of state to enjoin picketing for organizational purposes, Teamster's Union-AFL v. Vogt, Inc., 354 U. S. 284 (1957), 26 Fordham L. R. 580 (Autumn 1957).

56. "Corrupt Practices"
57. Miscellaneous

57.1. People of New York ex rel. Hearn v. Muste, et al. (Spec. Sess., App. Term, NY Co.)*
57.2. People of New York v. Peck, et al. (NYC Magis. Ct.)*
57.4. People of California v. Aykens and Wallace. (App. Dept., Super. Ct., San Mateo.) For facts, see II DOCKET 3, III DOCKET 3. Before Defs. resentenced in Muni. Ct., they filed petition for writ of prohibition in Dist. Ct. of App. alleging: (1) Defs. not brought to trial within 30 day jurisdictional limit under Calif. statutes; (2) sentence of Defs. to 90 days in jail, suspended upon condition of banishment from Co., 2 yrs. probation plus $500. fine each denied due process and equal protection because Defs. pleaded innocent and asked for jury trials since 85 of 88 arrested simultaneously for vagrancy pleaded guilty fined $10. to $50. only. Dist. Ct. refused to issue writ. Muni. Ct. resentenced Defs. to $500. fines plus 6 mths. probation.
57.9. Staub v. City of Baxley. (U.S.S.C.) (355 U. S. 313.) For facts, see III DOCKET 23.

Case note:

12 Ark. L. R. 209 (Spring 1958).

60. Civil Sanctions
61. Defamation

61.1. N. Dakota Farmers Educational and Cooperative Union v. Station WDAY and Townley. (N.D. Sup. Ct.) (89 N. W. 2d 102.) Def.-candidate for U. S. Senate submitted proposed script to Def.-TV station, which believed his statements re Pl.-Union to be false and libelous. Def. demanded equal-time with other candidates under Sec. 315 of Fedl. Communications Act, and Def.-station granted such time, free of censorship. Pl. sued Defs. for defamation for Def's. allegation that Pl. was in sympathy with Communism, claiming to insulate Def.-station from damages in libel action was deprivation of Pl's. property, including reputation, without due process. N. D. Sup. Ct. decided for Defs., held speech within Sec. 315. Diss. Judge felt privilege ought to extend only to comments about other candidates.
62. Injunctions in labor disputes
63. Other injunctions
FREEDOM OF RELIGION (100-199)
110. Separation of Church and State

110.1. In re Application of Lewis and Klein v. N. Y. State Commr. of Education. (N.Y. Sup. Ct., Albany.)*
110.4. Squires, et al. v. City of Augusta, et al. (Super. Ct. Me., Kennebec Co., #3685.) For facts, see II DOCKET 51, 66. June 11: heard and submitted.
110.5. 64th Street Residences, et al. v. N. Y. City, et al. (U.S.S.C.) For facts, see III DOCKET 23, 47. NY Ct. of App. affirmed decision for Def., U.S.S.C. denied appeal.
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110.6. Schempp v. Roslyn Bd. of Educ., et al. (DC Pa.) Pl.-parents, who regularly attend Unitarian Church, seek injunction against reading of at least 10 verses of King James Bible at beginning of each day in public schools attended by their children, as required under Pa. statute. Bibles for such use are purchased with state funds. Pls. allege such reading interferes with parents' right to give children religious education of their own choosing. Pending.

Henry W. Sawyer, III, Esq., 117 S. 17th St., and Wayland H. Elsbree, Esq., Land Title Bldg., both of Philadelphia.

120. Pacifists and Conscientious Objectors

120.2. Hanauer, et ano. v. Elkins, Pres., U. of Md. (Md. Ct. of App.) For facts, see II DOCKET 66, III DOCKET 3. June 3: Md. Ct. of App. affirmed decision against Pl.
120.3. U. S. v. Surls. (U. S. Navy.)*
120.6. Koster v. NY State Insurance Dept. (NY Ct. of App.) (3 NY App. Div. 2d 654, 799; 3 NY 2d 639.) Def.-Dept. refused broker's license to Pl.-conscientious objector. NY Ct. of App. reversed, ordered hearing to determine whether Pl's. conduct justified holding him untrustworthy.

Harrop A. Freeman, Esq., Cornell Univ., Ithaca, NY; Herman Adlerstein, Esq., 277 Broadway, NYC.

Case note:

Naturalization—conscientious objection to bearing arms—exemption based on religious training and belief. In re Hansen, 148 F. Supp. 187 (D. Minn. 1957), 26 G. Washington L. R. 351 (Jan. 1958).

And see Pauling, 490.4, Farmer, 490.5, Bigelow, 252.51.

130. Denial of Tax Exemptions

130.1. First Unitarian Church of Los Angeles v. County of Los Angeles. (U.S.S.C., #382.)

and

Valley Unitarian-Universalist Church, Inc. v. County of Los Angeles. (U.S.S.C., #385.) For facts, see II DOCKET 3, 67, III DOCKET 3, 24. June 30: U.S.S.C. reversed, (7-1, Warren, C.J., not participating.) Brennan, J.: Calif. statute requiring churches to file loyalty oath in order to obtain tax-exemption as religious organization invalid since it shifts burden of proof in an area involving speech. Douglas and Black, Jj., in concurring opinions, find statute invalid because it affects advocacy protected by First Amdt. Burton, J., concurred in result. Clark, J., dissented.

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

and

130.3. First Unitarian Church of Berkeley v. Horstmann, et al. (U.S.S.C.) For facts, see II DOCKET 3. June 30: U.S.S.C. reversed per curiam on basis of 130.1.
130.4. American Unitarian Assn., et al. v. County of Santa Clara, et al. (Santa Clara Co. Super, Ct., Calif.)*

And see cases at 266.

140. Miscellaneous Restrictions

140.3. Auto-Rite Supply Co. v. Woodbridge. (NJ Supp. Ct.) For facts, see III DOCKET 47.

Robert Wilentz, Esq., 291 State St., and Nathan Duff, Esq., 280 Hobart Ave., both of Perth Amboy, NJ; Elias Kanter, Esq., 1060 Broad St., Newark.

140.5. Rector, Church Wardens and Vestrymen of Church of Holy Trinity v. Melish, et al. (NY Co., App. Div.) For facts, see III DOCKET 47. May 20: App. Div. reversed order requiring Melish, Sr. to vacate, affirmed as to Melish, Jr.
140.6. Ohio v. Kidd. (Ohio S. Ct.) (167 O. S. 521.) Def.-store-owner convicted of selling merchandise on Sunday in violation of state "blue laws". Apr. 30: Ohio S. Ct. upheld conviction, held such sales "not 'work of necessity' within meaning of the statutory exception."

Allen Brown, Esq., 311 Atlas Bank Bldg., Cincinnati.

140.7. Ohio v. Ullner. (Ohio S. Ct.) Facts, issues, decision similar to Kidd, 140.6.

Paxton and Seasongood, Esqs., 1616 Union Central Bldg., Cincinnati; Fitton, Pierce and Black, Esqs., 804 First Natl. Bank Bldg., Hamilton, Ohio.

140.8. Ohio v. Leff. (Ohio S. Ct.) Facts, issues and decision similar to Kidd, 140.6.

Wyner and Wyner, Esqs., Leader Bldg., Cleveland.

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.)*
203. N.L.R.B. Certification

203.3. U. S. v. Pezzati, et al. (DC Colo.)*

And see West, 291.20.

204. Continued existence

204.1. N.A.A.C.P. v. Alabama ex rel. Atty. Genl. Patterson. (U.S.S.C., #91.) For facts, see II DOCKET 4, 33. June 30: U.S.S.C. unanimously reversed, per Harlan, J: Ala. Ct. order requiring N.A.A.C.P. to produce Ala. membership lists entails likelihood of substantial restraint upon N.A.A.C.P. members' exercise of their freedom of association under 14th Amendment in view of uncontroverted showing that on past occasions revelation of identity of N.A.A.C.P. members has exposed them to economic reprisals, threats of physical coercion, and other manifestations of public hostility; N.A.A.C.P. has standing to assert constitutional rights of members since to require personal vindication would nullify right by revealing members; immunity from state scrutiny of membership lists is so related to right of members to pursue their lawful private interest privately and to associate freely with others in so doing as to come within protection of 14th Amendment.
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204.1a. Alabama v. Mitchell and Patton. (Ala. Cir. Ct., Montgomery.) Apr. 9: Cir. Ct. issued order requiring Defs. to show cause why they should not be held in contempt for violating injunction against N.A.A.C.P. (tested in 204.1). June 20: Cir. Judge Jones refused to disqualify himself from hearing case because of comments about N.A.A.C.P. which he admittedly made during recent primary campaign.
204.3. Williams, Ga. Revenue Commr. v. N.A.A.C.P., et al. (Ga. Dept. of Revenue.)*
204.3a. N.A.A.C.P. and Calhoun v. Judge Pye. (Ga. App. Ct.)*
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 Educ. Fund v. Harrison. (Cir. Ct., City of Richmond.)*
204.4b. Harrison v. N.A.A.C.P. (U.S.S.C., #1093.) (159 F. Supp. 503.) Appeal by State from decision by 3-judge Fedl. Ct. in 204.4 re constitutionality of Va. statutes, (see III DOCKET 25.) June 25: petition for certiorari filed.
204.5. N.A.A.C.P., Inc. v. Arkansas ex rel. Bennett, Atty. Genl. (Ark. S. Ct., #5-1593.)*
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 and Educ. Fund. (Cir. Ct., Pulaski Co., #44,679.)*
204.9. Arkansas ex rel. Bennett v. N.A.A.C.P. Legal Defense and Educ. 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.)*
204.14. North Little Rock N.A.A.C.P. Branch v. Perry. (ED Ark., #3473.)*

And see Aaron, 522. Ark3.

210. Compulsory Registration
211. 1950 Internal Security Act

211.1. Communist Party of U. S. v. Subversive Activities Control Bd. (CA DC.) For facts, see III DOCKET 4, 34, 67, III DOCKET 26. Apr. 11: CA DC entered order enlarging remand to include production of statements made by Budenz to FBI. May 23: S.A.C.B. filed motion for clarification of this order.
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. (CA DC, #14,363.)*
211.8. Rogers v. California Labor School in San Francisco. (SACB.)*
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, 48. June: S.A.C.B. postponed proceedings because of CA DC decision in Comm. Party, 211.1.
211.11. Rogers v. Connecticut Volunteers for Civil Rights. (SACB.) For facts, see III DOCKET 4, 26. May: S.A.C.B. postponed proceedings because of CA DC decision in Comm. Party, 211.1.
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.)*
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. and N.A.A.C.P. v. LeBlanc, Atty. Genl. (DC La.)*
220. Listing
221. By the Attorney General of the United States

221.1. Rogers v. National Lawyers Guild. (Dept. of Justice.)*
221.1a. National Lawyers Guild v. Rogers. (DC DC.) See 221.1, II DOCKET 5, 34, 52, 68, III DOCKET 5. July 2: complaint filed asking DC to dismiss proceedings brought by Def's predecessor-Brownell for lack of prosecution during 4½ yrs., and particularly since U.S.S.C. denied certiorari in former Guild action (Spring 1956), and for unconstitutionality of listing procedure. Pending.

Osmond K. Fraenkel, Esq., 120 Broadway, NYC; Joseph Forer, Esq., 711 14th St. NW, Washington, D.C.; Earl B. Dickerson, Esq., 3501 S. Parkway, Chicago.

221.4. 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.)*
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ASSOCIATION: As affecting members (240-299)
240. Criminal Penalties for Membership
241. Smith Act: conspiracy

241.3. Wellman, et al. v. U. S. (253 F. 2d 601.) (DC Mich.)*
241.6. Sentner, et al. v. U. S. (DC Mo.)*
241.7. Kuzma, et al. v. U. S. (DC Pa.) For facts, see II DOCKET 6, III DOCKET 5, 27. DC allowed U.S. motion to dismiss prosecution.
241.8. Bary, et al. v. U. S. (DC Colo.) For facts, see II DOCKET 6, III DOCKET 5. U.S. will move for trial in Sept.
241.9. Brandt, et al. v. U. S. (ND Ohio, E. Div.) For facts, see II DOCKET 7. May: CA 6 reversed convictions, based on U.S.S.C. decision in Yates, 241.1; remanded for new trials.
241.11. Charney, et al. v. U. S. (CA 2.) For facts, see II DOCKET 7. June 5: heard and submitted.
242. Smith Act: mere membership

242.1. Lightfoot v. U. S. (DC Ill.) For facts, see II DOCKET 7, 69, III DOCKET 6. Retrial scheduled for Nov. 17.
242.2. Scales v. U. S. (CA 4.)*
242.3. Blumberg v. U. S. (CA 3.)*
242.4. Noto v. U. S. (CA 2.)*
242.5. U. S. v. Weiss. (ND Ill. E.D.)*
242.7. U. S. v. Russo. (DC Mass.)*
242.8. U. S. v. Hellman. (DC Mont.) For facts, see II DOCKET 7. May: convicted after jury trial. Appeal pending.
243. 18 U.S.C. 2384

243.1. Lebron, et al. v. U. S. (CA 2.) For facts, see III DOCKET 27. May 14: CA 2 dismissed appeal, holding denial of right to inspect FBI reports was not a constitutional deprivation.

And see cases at 312.

244. State laws
Law review articles:

John R. Schmidhauser, "States Rights" and the origin of the Supreme Court's power as arbiter in federal-state relations, 4 Wayne L. Rev. 101-114 (Spring 1958).

Philip B. Kurland, The Supreme Court and the attrition of state power, 10 Stanford L. Rev. 274 (March 1958).


244.5. Louisiana v. G. and J. Jenkins. (La. S. Ct., #43,809.) For facts, see II DOCKET 53, III DOCKET 6, 27. October: to be argued.
250. Civil Disabilities: Federal
251. Federal employment

251.6. A. Duncan v. Blattenberger, U. S. Public Printer. (DC DC, #4203/56.) For facts, see II DOCKET 36. May 5: Pl. reinstated by administrative action, with back pay.
251.9. Vitarelli v. Seaton. (U.S.S.C., #1067.) For facts, see II DOCKET 53, III DOCKET 49. June 12: Pl. filed petition for certiorari, pending.
251.10. Coleman, et al. v. Brucker. (CA DC.) For facts, see II DOCKET 53, 69, III DOCKET 28. Defense Dept. granted industrial clearance to one of Pls. now working on classified Gov't. projects. June 19: CA DC reversed, held Army had acted improperly in dismissing Pls.
251.11. Kutcher v. U. S. (U.S. Ct. of Claims.) For facts, see III DOCKET 28. May 28: Justice Dept. settled claim, proposing to pay Pl. $17,000. in back pay lost by Pl. due to his suspension. Pl. accepted, tho amount does not include raises Pl. would have received during his suspension.
251.12. Schlafer v. Puerto Rico Finance Dept. (Puerto Rico Dist. Ct. of App.) Feb. 7, 1951: Pl. fired by Def.-Dept. from job as warehouse guard on charges of Communist Party membership; proof: articles written before and after he was hired in this job, membership in Independentista Party. Trial Ct. dismissed Pl's. suit for reinstatement and back pay. April, 1958: Dist. Ct. of App. reversed, ordered reinstatement, held there "was a complete absence of proof of the subversive character" of the Puerto Rican Communist Party or proof that Pl. belonged to it. Def. will not appeal.
251.13. Suarez v. Puerto Rico Internal Revenue Dept. (Puerto Rico Dist. Ct. of App.) 1950: Pl. fired from job as Internal Revenue agent because of his Nationalist sympathies, shown by display, at his desk, of pictures of Nationalist leaders and Puerto Rican flag. Trial Ct. dismissed suit for reinstatement and back pay. March, 1958: Dist. Ct. of App. reversed, ordered reinstatement and back pay, held Gov't. had not proved Pl. was member of Nationalist Party or had had anything to do with 1950 Nationalist uprising.
252. Deprivation of passport rights
Law review note:

Freedom of movement—a modern challenge, 9 Western Reserve L. Rev. 56-64 (Dec. 1957).


252.2. Dayton v. Dulles. (U.S.S.C., #621.) For facts, see II DOCKET 8, 36, III DOCKET 6, 28. June 16: U.S.S.C. (5-4) reversed, on authority of Kent, 252.21, per Douglas, J. Accordingly, Ct. found it unnecessary to decide whether hearing accorded Pet. satisfied requirement of due process.
252.4. Chodorov v. Dulles. (CA DC.)*
252.20. Robeson v. Dulles. (DC DC.) For facts, see II DOCKET 8, 36, III DOCKET 28, 49. Following U.S.S.C. decision in Kent, 252.21, Def. issued passport to Pl.
252.21. Kent v. Dulles. (U.S.S.C.) For facts, see II DOCKET 8, 36, 69, III DOCKET 28, 49.

and

252.22. Briehl v. Dulles. (U.S.S.C.) For facts, see II DOCKET 8, 36, 69, III DOCKET 28, 50. June 16: U.S.S.C. (5-4) reserved, per Douglas, J. Ct. held Secy. of State has no authority to condition issuance of passports on applicant's furnishing of non-Communist affidavits. "The right to travel is part of the 'liberty' of which the citizen cannot be deprived without * * * due process of law * * * We would be faced with important constitutional questions were we to hold that Congress * * * had given the Secretary authority to withhold passports because of their beliefs or associations. Congress has made no such provision in explicit terms; and absent one, the Secretary may not employ that standard to restrict the citizens' right of free movement." Clark, Burton, Harlan, Whittaker, diss.

Case note:

19 U. of Pittsburgh L.R. 661 (Spring 1958).

- 72 -

252.23. Leff v. Dulles. (DC DC.)*
252.24. DuBerg v. Dulles. (DC DC.)*
252.25. Lamont v. Dulles. (CA DC.) For facts, see II DOCKET 69, III DOCKET 28. Heard and submitted.
252.26. Strong v. Dulles. (DC DC.)*
252.27. Worthy v. Dulles. (DC DC.) For facts, see III DOCKET 50. Following U.S.S.C. decision in Kent, 252.21, Pl. filed motion for summary judgment. Pending.

William Kunstler, Esq., 511 Fifth Ave., NYC; Walter E. Dillon, Jr., Washington, D.C.

252.51. U. S. v. Bigelow, et al. (D.C. Hawaii, #1646.) (CA 9, #16012.) May 1: D.C. Hawaii issued preliminary injunction restraining Defs. from sailing ketch, "Golden Rule", into H-bomb test area, Eniwetok, Pacific Ocean at request of Atomic Energy Commission under its regulation closing 400,000 square miles to U.S. vessels during 1958 test series. Defs. allege regulation and injunction violate their right to freedom of movement and the freedom of the seas. Ct. denied motion to stay, suspend, modify or vacate preliminary injunction. June 20: U.S.S.C. Justice Douglas refused to stay injunction. Appeal to CA 9 pending re preliminary injunction; Trial pending in DC Hawaii.

A. L. Wirin, Esq., 257 S. Spring St., Los Angeles; Delbert E. Metzger, Esq., Honolulu.

252.51a. U. S. v. Bigelow, et al. (CA 9, #16016.) For facts, see 252.51. Defs. sailed ketch after issuance of temporary injunction. Arrested; convicted of contempt of Ct.; 60-day suspended sentences, 1 yr. probation. Appeal pending.

And see Pauling, 490.4, Farmer, 490.5.

253. Unfavorable Army discharges

253.4. Harmon v. Brucker. (U.S.S.C.) For facts, see II DOCKET 9, 54, 70, III DOCKET 28, 50. Cite: 355 U. S. 579.
253.5. Marshall v. Brucker. (U.S.S.C.) For facts, see II DOCKET 9, 70, III DOCKET 50. Cite: 356 U. S. 24.
253.6. Abramowitz v. Brucker. (U.S.S.C.) For facts, see II DOCKET 9, 54, 70, III DOCKET 50. Cite: 355 U. S. 579.
253.7. Bland v. Hartman, et al. (CA 9, #15155.)*
254. Deprivation of veterans disability payments

254.1. Wellman v. Whittier, Admr. Veterans Affairs (formerly v. Higley.) (CA DC, #14131.) For facts, see II DOCKET 9, 36, 70. June 19: CA remanded to DC to hold in abeyance pending further consideration by Bd. of Veterans' Appeals in view of CA holding that Bd's. decision was based primarily on Pet's. being a Def. in Smith Act case (Wellman, 241.3: conviction reversed and new trial ordered.) Ct.: Cong. has never held Communist Party membership will ground a forfeiture of veteran's benefit rights, judicial relief is available if Def. acts in excess of his powers. Bazelon, J.: would order prompt payment to Pet. of all moneys due him.
254.2. Thompson v. Veterans Admin. (VA Bd. of App.)*
255. Deprivation of Social Security rights
256. Deprivation of housing rights
257. Deprivation of Federal licenses

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

Modes of judicial review in exclusion and deportation proceedings, I Law Ed. 2d 1715.


258.1. Rowoldt v. Perfetto. (U.S.S.C.) (355 U. S. 115.) For facts, see III DOCKET 28.

Case note:

56 Mich. L. R. 803 (March 1958).

258.2. Re Janosco. (Immigration and Naturalization Service.)*
258.4. Bonetti v. Rogers. (U.S.S.C., #94.) (99 U. S. App. D. C. 386, 240 F. 2d 624.) Pet. admitted for permanent residence in U. S. in 1928; member of Communist Party 1932-36; 1937 left U. S. voluntarily to fight in Spanish Republican Army; 1938 admitted for permanent residence in U. S.; left U. S. only for 1-day visit to Mexico 1938. June 2: U.S.S.C. (6-3) per Whittaker, J. held Pet. not deportable because not Comm. Party member after last entry for permanent residence. Clark, Frankfurter, Harlan, Jj. diss.

Joseph Forer, Esq., 711 14th St. NW, Washington, D. C. And see cases at 358.50.

259. Denaturalization and Naturalization proceedings

259.1. Nowak v. U. S. (U.S.S.C., #72.) (133 F. Supp. 191, 238 F. 2d 282.) For facts, see III DOCKET 7. May 27: U.S.S.C. (6-3) reversed, per Harlan, J., held: 1) "Where citizenship is at stake the Gov't. carries the heavy burden of proving its case by ' "clear, unequivocal and convincing" evidence which does not leave "the issue in doubt" * * *' " citing Schneiderman, 320 U. S. 118; 2) question on naturalization form not sufficiently clear to warrant conclusion Pet. could know question referred to Communist Party membership as well as to belief in anarchy; 3) "The fact that Nowak was an active member and functionary in the [Communist] Party [during 5 yrs. before naturalization] does not of itself suffice to establish [lack of attachment to U. S. Constitution.]" Ct. said testimony of Gov't. witnesses, 17 to 19 yrs. after event, was uncertain. Burton, Clark, Whittaker, Jj. diss.
- 73 -

259.2. Maisenberg v. U. S. (U.S.S.C., #76.) (238 F. 2d 282.) For facts, see III DOCKET 7. May 27: U.S.S.C. (6-3) reversed, per Harlan, J., on same grounds as Nowak, 259.1: "In each of the several episodes described by the [Gov't.] witnesses the statements attributed to Maisenberg can well be taken as merely the expression of abstract predictory opinions; all of them were of a highly equivocal nature; and the faltering character of much of this testimony as to events of many years before casts the gravest doubts upon its reliability." Burton, Clark, Whittaker, Jj. diss.
259.50. Re Vasiloff. (ND Ohio, E. Div.) Pet. came to U. S. in 1920, filed petition for naturalization in 1949, denied in 1955 on finding he had failed to prove attachment to principles of U. S. Constitution because of 1931 membership in Socialist Labor Party, belief in gov'tal lines based on industrial divisions instead of states, abolishing capitalism thru Gov't. confiscating private enterprise without compensation to owners, by amendment to U. S. Constitution. Pet. alleged Emancipation Proclamation similar to his proposal, cited Schneiderman and Rovin cases. May, 1958: DC granted naturalization.

Marvin S. Zelman, Esq., E. 9th and Chester Bldg., Cleveland.

And see cases at 358.

260. Civil Disabilities: State, Local and Private
261. State or local governmental employment

261.1. Wilkins v. Carlander, et al. (Super. Ct., Kings Co. #490844.)*
261.2. Nagin v. Zurmuhlen. (N.Y. Sup. Ct., N.Y. Co.) For facts, see II DOCKET 10. Decision reversed, on ground penalty of discharge unreasonable in view of nature of offense, i.e., failure to cooperate with City's security program. Retirement permitted.
261.3. Hehir v. NYC Transit Authority, NY State Civil Service .Commission, et ano. (N.Y. Sup. Ct., Kings Co.)*
261.5. Reif v. NYC Dept. of Hospitals. (Spec. Term, Part One, NY Co. Sup. Ct.) For facts, see II DOCKET 10, 37, 70, III DOCKET 29. May: Ct. affirmed, ordered Pl. reinstated.
261.7. Crowe v. County of Wayne, Mich. (Cir. Ct. Wayne Co.)*
261.9. Wolstenholme v. Oakland Library Bd. (Calif. Dist. Ct. of App.) For facts, see II DOCKET 54. Briefs on appeal submitted.
261.10. Gottlieb v. City of New Orleans. (La. Sup. Ct.) (101 So. 2d 242.) For facts, see III DOCKET 7, 50. Mar. 3: La. Ct. of App. affirmed decision against Pl. Apr. 21: La. Sup. Ct. refused application for writ of certiorari.
261.11. N.Y.C. Housing Authority v. Wyatt. (NY Co. Sup. Ct.) For facts, see III DOCKET 29. May: Ct. ordered Def. reinstated.

And see cases at 343.

262. Teaching
And see 342.
263. Denial of State unemployment insurance rights

263.1a. Syrek v. Calif. Unemployment Insurance Appeals Bd., et al. *
263.2. Re Albertson. (NY Sup. Ct., App. Div. 3d Dept.) For facts, see II DOCKET 54, III DOCKET 7. Appeal from decision by Unemp. Ins. App. Bd. pending.

And see cases at 346.

264. Denial of State licenses
See Koster, 120.6.
265. Proceedings against attorneys and Bar applicants
Law review article:

Dreyfus and Walker, Grounds and Procedure for Discipline of Attorneys, XVIII Lawyers Guild Rev. 67-78 (Summer 1958).


265.3. Florida v. Sheiner. (Fla. Sup. Ct.)*
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. Supreme Ct.) For facts, see II DOCKET 11, 37, 71, III DOCKET 9, 29.*

Law review article:

Ginger and Koenigsberg, Report on rules for admission to the bar: Tests of applicants' "loyalty" and "good moral character", XVIII Lawyers Guild Rev. 58 (Summer 1958).

Case notes:

106 Univ. of Pa. L. R. 753 (March, 1958);

1958 Washington U. L. Q. 215-226 (Apr. 1958);

43 Iowa L. R. 410 (Spring 1958).

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.)*

and

266.2. Prince v. City and Co. of San Francisco. (U.S.S.C., #484.) June 30: U.S.S.C. (7-1) reversed, per Brennan, J., holding: Calif. statute requiring veteran to sign loyalty statement and assume burden of proving loyalty as condition of obtaining veteran's tax-exemption invalid since it shifts burden of proof in an area involving speech. Douglas and Black, Jj., concurring: Even aside from shifting the burden of proof, requirement is invalid because case deals not with action but with advocacy protected by First Amendment. Clark, J., diss.
- 74 -

266.3. Lehrer v. Hall. (Calif. Super. Ct., Marin Co.)*
266.4. Bliss v. Quinn. (Calif. Super Ct., Los Angeles Co.)*

And see cases at 130.

267. Private employment—Teaching
And see 262, 280 and 342.
268. Private employment—defense establishments

268.1. Parker, et al. v. Lester, et al. (ND Calif.)*
268.1a. Graham v. Richmond. (DC DC.) Action to compel Coast Guard to issue seamen's documents to Pl. Def. had failed to act on Pl's. application because of Pl's. refusal to answer questions on application relating to publications he read or organizations he joined.

Leonard Boudin, Esq., 25 Broad St., NYC; Forer and Rein, Esqs., 711 14th St., NW, Washington, D.C.

268.1b. Homer v. Richmond. (DC DC.) Action to compel Coast Guard to issue licenses to marine radio operators. Licenses refused because of Def's. finding, without notice or hearing, that Pls. had belonged to unspecified subversive organizations.

Victor Rabinowitz, Esq., 25 Broad St., NYC; Forer and Rein, Esqs., 711 14th St. NW, Washington, D.C.

268.3a. Dupree v. U. S. (CA 3.) For facts, see II DOCKET 55, 72, III DOCKET 30, 51. CA refused to consider new action or amended complaint.
268.5b. Dressler v. McElroy, et ano. (DC DC.)*
268.5a. Dressler v. Wis. Emp. Relations Bd. (Cir. Ct., Milw. Co. #266-453.) For facts, see II DOCKET 72, III DOCKET 30, 51. April 18: Ct. held Pet. was party aggrieved and directly affected by order of Def.-Bd., but award in Kreznar arbitration is res judicata as to Pet's. discharge.
268.7. Kreznar v. Wilson. (DC DC.)*
268.9. Bessell v. Eastern Industrial Personnel Security Hearing Bd. (CA 3.)*
268.10. Berman, et al. v. Nat'l. Maritime Union. (SD NY.) For facts, see III DOCKET 51. Heard and submitted.
268.11. Lundquist v. Marine Engineers Beneficial Assn., Local 97. (Calif. Super. Ct., San Francisco.)*
268.12. Greene v. McElroy. (CA DC.) For facts, see III DOCKET 51.

Case notes:

10 Stanford L. R. 335 (March 1958).

32 Tulane L. R. 313 (Feb. 1958).

269. Private employment—other

269.1. Faulk v. AW ARE, Inc., et al. (N.Y. Sup. Ct. N.Y. Co.)*
269.1a. Iverson v. Seattle Gas Co. (Super. Ct., King Co., Washington, #471046.) For facts, see III DOCKET 30. Trial date: Fall.
269.2. Allen v. Local 1976, Carpenters Union-AFL-CIO. (Los Angeles Dist. Ct. of App.)*
269.3. Friedman v. Hayes, pres., and Intl. Assn. of Machinists. (U.S.S.C., #987.) For facts, see III DOCKET 30. June 23: U.S.S.C. granted certiorari.

And see Allen, 280.8.

269.4. New Orleans Newspaper Co. v. The Item Co. *
270. Criminal Penalties for Non-disclosure
271. Congressional Committees

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.) (356 U.S. 929.)*
271.9. U. S. v. Russell. (CA DC, #13529) For facts, see II DOCKET 13, III DOCKET 9, 52. Hearing deferred till after U.S.S.C. decision in Barenblatt, 271.7.
271.10. U. S. v. Deutch. (CA DC.)*
271.11. U. S. v. Sacher. (U.S.S.C.) (240 F. 2d 46, 354 U.S. 930, 252 F. 2d 828.) For facts, see II DOCKET 38, 72, III DOCKET 9, 30, 52. May 19: U.S.S.C., without oral argument, reversed per curiam (6-2): "The subject matter of inquiry before the subcomm. at which Pet. appeared as a witness concerned the recantation of prior testimony by a witness named Matusow. In the course of the hearing, the questioning of Pet. entered upon 'the brief excursion,' into proposed legislation barring Communists from practice at the fedl. bar, a subject not within the subcommittee's scope of inquiry as authorized by its parent committee. Inasmuch as Pet's. refusal to answer related to questions not clearly pertinent, * * * the conditions necessary to sustain a conviction for deliberately refusing to answer questions pertinent to the authorized subject matter * * * are wanting." Clark and Whittaker, Jj., diss.
271.12. U. S. v. Gojack. (CA DC.)*
271.13. U. S. v. Metcalf. (SD Ohio.)*
271.14. Watkins v. U. S. (U.S.S.C.) For facts, see II DOCKET 13, 72.

Law review article:

Hartley Fleischmann, Watkins v. United States and Congressional power of investigation, 9 Hastings L. J. 145 (Feb. 1958).

Case note:

26 George Washington L. R. 98 (Oct. 1957).

271.15. Shelton v. U. S. (CA DC.) For facts, see II DOCKET 38, 55, III DOCKET 9, 30. Argument postponed till after U.S.S.C. decision in Barenblatt, 271.7.
- 75 -

271.16. U. S. v. Whitman. (DC DC.)*
271.17. Knowles v. U. S. (CA DC.)*
271.19. Price v. U. S. (CA DC.) For facts, see II DOCKET 39, 56, 73, III DOCKET 9, 31. Argument postponed till after U.S.S.C. decision in Barenblatt, 271.7.
271.20. Liveright v. U. S. (CA DC.) For facts, see II DOCKET 39, 56, III DOCKET 9, 31. Argument postponed till after U.S.S.C. decision in Barenblatt, 271.7.
271.22. U. S. v. Miller. (CA DC.)*
271.23. U. S. v. Sullivan. (SD NY, #152-238.)*
271.24. U. S. v. Yarns aka Tyne. (SD NY, #15586.)*

and

271.25. U. S. v. Seeger. (SD NY.) For facts, see II DOCKET 56, 73, III DOCKET 9. June: Order entered permitting Defs. to travel anywhere within continental U.S.
271.27. U. S. v. Hartman. (ND Calif.) Def. radio commentator declined to answer questions before House UnAmerican Activities Comm, under First, Sixth, Ninth and Tenth Amdts. April, 1958: indicted on seven counts. Pending. Lawrence Speiser, Esq., 690 Market Street, San Francisco.
272. State committees
And see cases at 223.
272.2. New Hampshire by Atty. Genl. Wyman v. Uphaus. (U.S.S.C., #778.) (356 U.S. 926.)*
272.3. New Hampshire by Wyman v. De Gregory. (U.S.S.C.)*

And see Morgan and Raley, 355.1 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.)*
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. (U.S.S.C.) For facts, see III DOCKET 52. U.S.S.C. granted certiorari.
272.8. Perry, et ano. v. Florida Legislative Comm. (Fla. S. Ct.)*
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, 52. U.S.S.C. granted certiorari.
274.2. U. S. Baxter. (ED Mich., SD.) For facts, see II DOCKET 14. Oct. 23, 1957: Def's. motion for directed verdict of acquittal granted.
274.3. McPhaul v. U. S. (CA 6.)*

Amicus brief by American Civil Liberties Union, by Harold Norris, Esq., 1179 Natl. City Bank Bldg., Detroit.

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, III DOCKET 53. June 23: heard and submitted.

And see cases at 221.

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

and

280.5. Bd. of Education v. Allen, et al. (N.Y. App. Div., 3d Dept.) For facts, see II DOCKET 14, 39, 74. Apr. 28: Ct. unanimously affirmed decision by Def.-Educ. Commr. not to dismiss five teachers who refused to inform Pl.-Bd. of the politics of their colleagues.
280.8. Allen v. Office Employees Intl. Union, et al. (Washington Sup. Ct., #34595.) For facts, see III DOCKET 31. June 3: heard and submitted.
280.9. Lowenstein v. Newark Bd. of Educ. (Bd. of Educ., Newark.) For facts, see III DOCKET 31. Listed here in error. Already reported as part of Laba, 342.3.

And see cases at 342, 343, 344.

290. Penalties for False Disclosure
291. Taft-Hartley Oath
Annotation:

Validity, construction, and effect of provisions of Labor Management Relations Act requiring officers of labor organizations to file non-Communist affidavits. 1 Law Ed. 2d 1671.


291.1. Jencks v. U. S.

For cases and law review discussion of Jencks' rule:

See cases at 312 and 355.

291.4. Travis v. U. S. (CA 10.)*
291.5. Lohman v. U. S. (SD Ohio.)*
291.6. U. S. v. Killian. (DC Ill.) For facts, see II DOCKET 15, 40, III DOCKET 10. May 2: Def. convicted on re-trial by jury.
291.7. U. S. v. Haug, et ano. (ND Ohio, ED.)*
291.20. U. S. v. West, Haug, et al. (CA 6.)*
292. Government Security Questionnaires
- 76 -

II. DUE PROCESS AND RELATED RIGHTS (FOURTH, FIFTH, SIXTH, SEVENTH, EIGHTH AND FOURTEENTH AMENDMENTS) (300-499)

300. Searches and Seizures
301. Wiretapping

301.5. Costello v. U. S. (U.S.S.C.) For facts, see II DOCKET 40, III DOCKET 11, 32, 53. May 21: CA 2 unanimously affirmed DC conviction, held Def. had made no effort to discover whether Gov't's evidence illegally obtained thru wiretaps; mail check just involved writing down information on envelopes, not opening them. June 30: U.S.S.C. denied certiorari.
301.6. U. S. v. Benanti. (U.S.S.C.) For facts, see II DOCKET 75, III DOCKET 11, 53.

Law review article:

Edwin J. Bradley and James E. Hogan, Wiretapping: from Nardone to Benanti and Rathbun, 46 Georgetown L. J. 418.

Case notes in:

30 Rocky Mountain L. R. 360 (April 1957).

25 Tenn. L. R. 388 (Spring 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, 53.

Case notes in:

26 Fordham L. R. 540, 556 (Autumn 1957).

36 Texas L. R. 505 (April 1958).

30 Rocky Mountain L. R. 208 (Feb. 1958).

302. Other Federal cases

302.3. Kremen v. U. S. (U.S.S.C., #162.) For facts, see II DOCKET 75.

Case note in:

46 Georgetown L. J. 534 (Spring 1958).

302.4. Draper v. U. S. (U.S.S.C., #411 Misc.) For facts, see III DOCKET 33. June 30: U.S.S.C. granted certiorari and petition to proceed in forma pauperis.
302.5. Blackford v. U. S. (U.S.S.C.) For facts, see III DOCKET 33. Cert. den.: 356 U.S. 914.

Case note in:

58 Columbia L. R. 565 (April 1958).

302.6. Local 107 v. McClellan, et al. (DC DC.)*
302.7. Weise v. U. S. (U.S.S.C.) For facts, see III DOCKET 33. Feb. 5: CA 9 held against Def. June 30: U.S.S.C. denied certiorari.
302.8. Joines v. U. S. (U.S.S.C., #387.) Internal Revenue officers, armed with lawful warrant for Def's arrest, broke into his home, seized illicit still found there while searching for Def., who was not at home. DC: Def. convicted; CA 3 affirmed, held officers had acted lawfully. June 30: U.S.S.C. vacated judgment, remanded for consideration in light of Jones v. U. S. (U.S.S.C., #331, 1957 Oct. Term.) Burton and Clark, Jj. dissenting.
302.9. U. S. v. Abel. (CA 2, #331.) Def. convicted of transmitting U.S. defense secrets to Soviet Union; 30 yrs. sentence. On appeal, Def. alleged conviction predicated on illegal search of Def's. hotel room, seizure of material later presented at trial. July: CA 2 affirmed conviction.

James J. Donovan, Esq., 70 Pine St., NYC.

Law review note:

Search of an automobile, 12 Ark. L. R. 216 (Spring 1958).

303. Other State cases

303.5. Franklin, et al. v. Gough, et al. (Los Angeles Super. Ct.)*
303.9. Ohio ex rel. Eaton v. Price, Dayton Police Chief. (Ohio Sup. Ct.)*
303.10. Swanson v. McGuire, et al. (ND Ill., #57-C-1164.)*
303.11. Pughsley v. City of Chicago. (Chicago Muni. Ct., #57-M-303295.) Pl.-Pres. of Greater Lawndale Fed. of Block Clubs called police to complain of illegal gambling in neighborhood tavern, then walked to vicinity to observe. Plain-clothes officer made no arrests inside tavern, emerged, saw Pl. and arrested her for disorderly conduct. Muni. Ct. dismissed charges. Pl. filed civil suit for false arrest. Dec. 1957: judgment for Pl., $500. damages.

Lee Leibik, Esq., 343 S. Dearborn, Chicago.

303.12. Bechtel v. Reilley. (Chicago Muni. Ct., #57-M-300180.) Pl., during arrest for disorderly conduct, was slapped twice by policeman. Pl. found not guilty on charge. In suit for damages against policeman, Muni. Ct. jury held for Pl., specifically found policeman's actions malicious; Pl. awarded $900. Def.-City filed motion for new trial, alleging damages are excessive.

Morris Simons, 105 W. Adams St., Chicago.

310. Indictment
311. Composition of grand jury (see also 510)
312. Character of evidence
Annotation:

Government's privilege to withhold disclosure of identity of informer—federal cases. 1 Law Ed. 1999.

Jencks' case rule:

Case notes in:

26 George Washington L. R. 106 (Oct. 1957).

3 U. of Det. L. J. 207-227 (Dec. 1957).

15 Washington and Lee L. R. 88-99 (Spring 1958).


312.2. Pennsylvania v. Jakobowitz. (Ct. of Com. Pleas, Phila. Co.)*
312.6. Schwabe v. United Shoe Machinery Corp. (DC DC.) For facts, see III DOCKET 54.

Ralph M. Carson, Esq., NYC; Paul F. McArdle, Esq., Washington, D.C.

312.7. Bouziden v. U. S. (U.S.S.C., #804.) (251 F. 2d 728, CA 10.) For facts, see III DOCKET 54. Cite for cert. den.: 356 U.S. 927.
- 77 -

312.8. Indiviglio v. U. S. (U.S.S.C., #753.) Defs. convicted of narcotics violation. Issues on appeal: 1) Can Defs. inspect Gov't. witness' previous written statement to Gov't. agent in absence of any showing of probable inconsistency with testimony; 2) Do Defs. have standing to object to admission against them of evidence allegedly obtained from co-Def. as result of unlawful search and seizure. CA 5 affirmed. Solicitor Genl. confessed error. June 30: U.S.S.C. reversed. See Jencks (291.1); Agnello, et al. v. U. S. 269 U. S. 20; Giordenello v. U. S., #549 Oct. Term 1957.
312.9. U. S. v. Carlisle. (CA 9.) Def. ordered deported on basis, inter alia, of testimony of Roy Huggins re Def's. alleged Communist Party membership. Def., during hearing, demanded access to affidavit Huggins swore he gave Gov't. prior to testifying; denied. DC affirmed deportation order. May 15: CA reversed, citing U.S.S.C. decision in Jencks, 291.1.
313. Entrapment

313.1. Sherman v. U. S. (U.S.S.C., #87.) Gov't. informer met Def. in doctor's office, where both under treatment for narcotics addiction; after repeated requests induced Def. to sell him narcotics. U.S.S.C. reversed, held: law enforcement does not require such methods, this constituted entrapment and a defense. Frankfurter, Douglas, Harlan, and Brennan, Jj. concurred in separate opinion: test for entrapment is not whether criminal conduct was result of creative activity of law enforcement officials, and it should not be affected by Def.'s past record or inclination to criminality. Defense of entrapment should be determined by Ct., not jury, on basis of what is permissible police activity.
313.2. Masciale v. U. S. (U.S.S.C., #84.) U.S.S.C. affirmed Pet's. conviction of sale of narcotics, held where Pet's. testimony alone could not have established entrapment, issue was properly submitted to jury, and jury found no entrapment. Dissent by Frankfurter, J. (with Douglas, Harlan, and Brennan, Jj.) that case should be remanded to DC for determination of issue of entrapment by trial judge.
320. Double Jeopardy
321. Federal cases

321.2. Green v. U. S. (U.S.S.C.) For facts, see III DOCKET 34, 54.

Case notes in:

38 Boston U. L. R. 333 (Spring 1958).

32 Tulane L. R. 488 (April 1958).

322. State cases

322.1. Hoag v. New Jersey. (U.S.S.C., #40.) Pet. acquitted in trial for robbery, where only 1 of 5 victims made positive identification and Pet. alleged alibi. In second trial, based on indictment naming as victim only witness who made positive identification, Pet. convicted. U.S.S.C. affirmed, held no denial of due process and no double jeopardy, since 14th Amendment does not always forbid states to prosecute different offenses at consecutive trials, and states should have latitude in administering their systems of criminal justice, citing Brock v. N. C., 344 U. S. 424. Nor was this conviction barred by collateral estoppel, since no way of knowing whether first acquittal based on question of Pet's. identity or another question. Warren, C.J., Douglas and Black, Jj. dissenting: Pet. forced to "run the gantlet" twice on whether he was present when robbery occurred.
322.2. Ciucci v. Illinois. (U.S.S.C., #157.) In three trials, on same evidence, Pet. found guilty of murder of wife and two children, sentenced first to 20 yrs., then to 45 yrs., then to death. U.S.S.C. affirmed (5-4), held no violation of due process clause since Illinois statute permitted prosecution of these individual offenses singly at separate trials. Douglas, J. dissenting (with Warren, C.J., Brennan, J.): Gov't. allowed to harrass Pet. with repeated trials and convictions on same evidence until it obtained the death penalty. Black, J. concurred in dissent.
322.3. Bartkus v. Illinois. (U.S.S.C., #39.) Def. charged with robbing U. S.-insured bank. DC: acquitted; Ill. ct.: convicted on same charge; life sentence. Jan. 6: U.S.S.C. divided 4-4, (Brennan, J. not sitting), affirming conviction. May 26: U.S.S.C. granted petition for rehearing (Brennan, J. participating).

Walter Fisher, Esq., Chicago.

330. Self-incrimination: Criminal Sanctions
331. Congressional Committees
Law review article:

Raymond Coward, The Fifth Amendment: its use in Congressional investigations, 44 A. B. A. J. 433 (May 1958).


331.7. U. S. v. William Davis. (ED Mo., E. Div.)*
331.8. U. S. v. Simpson. (ED Mo., E. Div.)*
331.9. Brewster v. U. S. (CA DC.) For facts, see III DOCKET 54.

John K. Pickens and Jerry N. Griffin, Esqs., 736 Washington Bldg., Washington, D. C.

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, 54-55. Cite: 356 U. S. 148.
333.3. Phillips v. U. S. (CA 9.)

and

333.3a. Daschbach v. U. S. (CA 9.)

and

333.3b. Pettus v. U. S. (CA 9.) For facts, see II DOCKET 16. Apr. 21: CA 9 reversed criminal contempt convictions, citing Yates (contempt), (227 F. 2d 848), i.e., Def. not given "prior positive notification" that punitive sanctions might be applied in addition to coercive sanction of immediate imprisonment on refusal to answer re names of fellow Communists. Ct.: Defs. "might reasonably infer from * * * remarks [of Ct.] that [they] faced one or the other of these courses of action but not both * * *. [T]he absence of such a notice, the subsequent convictions and sentences * * * deprived appellants of due process of law."
- 78 -

333.4. Yates v. U. S. (U.S.S.C., #841.) (107 F. Supp. 408, 227 F. 2d 844; 107 F. Supp. 412, 227 F. 2d 848; 227 F. 2d 851, 355 U. S. 66; 158 F. Supp. 480, 252 F. 2d 568.) For facts, see II DOCKET 16, 76, III DOCKET 34, 55. May 5: U.S.S.C. granted certiorari, 6-3 vacated and remanded to DC with directions to reduce sentence to 7 mths. Pet. has already been confined in course of these proceedings. Per curiam: "* * * when this Ct. found that only a single offense was committed by Pet., and not eleven offenses, it chose not to reduce the sentence but to leave this task, with gentle intimations of the necessity for such action, to the DC. But when in a situation like this the DC appears not to have exercised its discretion in the light of the reversal of the judgment but, in effect, to have sought merely to justify the original sentence, this Ct. has no alternative but to exercise its supervisory power over the administration of justice in the lower fedl. cts. by setting aside the sentence * * *." Clark, Burton, Whittaker, Jj., diss.
333.6. Matles v. U. S. (U.S.S.C.) For facts, see II DOCKET 58, 76, III DOCKET 12, 34, 55. Cite: 356 U. S. 256.
333.8. Curcio v. U. S. (U.S.S.C.) For facts, see II DOCKET 76.

Case note in:

60 W. Va. L. R. 278-281 (April 1958).

333.9. U. S. v. Orta. (CA 5.) (253 F. 2d 312.) Def. indicted for perjury before grand jury, moved to dismiss on ground he was ignorant of law, did not speak English and Gov't. took advantage of him during grand jury appearance in failing to advise of rights under Fifth Amendment. DC dismissed indictment; CA 5 reversed and remanded, holding ignorance of Fifth Amendment rights not justification for perjurious testimony but further hearing to be had to determine whether testimony was wrongfully obtained for other reason.

Gino P. Negretti, Esq., Pacific Bldg., Miami, Fla.

Case note:

Advisement by Ct. of Def's. privilege against self-incrimination—Kilpatrick v. Superior Ct., 314 P. 2d 164 (Cal. 1957), 18 Md. L. R. 75 (Winter 1958).

334. Grants of immunity: federal
335. Grants of immunity: state

335.1. Morgan v. Ohio. (U.S.S.C., #877 Misc.)*
335.2. Ohio v. Jackson, et ano. (Ohio Ct. of App.)*
335.3. Ohio v. Hupman, et al. (Ohio Ct. of App.)*
335.4. Raley, et al. v. Ohio. (U.S.S.C.) For facts, see II DOCKET 17, 76, III DOCKET 34. Notice of appeal filed in 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.)*
335.7. Knapp v. Schweitzer. (U.S.S.C., #189.) For facts, see II DOCKET 76, III DOCKET 34. June 30: U.S.S.C. (6-3) affirmed, per Frankfurter, J., holding Fifth Amendment does not grant state grand jury witness privilege against testimony that might tend to incriminate in fedl. jurisdiction; Fifth Amendment privilege protects only against testimony that fedl. gov't. seeks to compel. Warren, C. J., diss.: case should be remanded so NY Ct. of App. can reconsider state law in light of U.S.S.C. majority conclusion that role of fedl. prosecutor was not such as to prevent use of state-compelled testimony against Pet. in a fedl. prosecution. Black, Douglas, Jj. diss.
273.5. Kentucky v. Rhine. (Ky. Ct. of App.) For facts, see II DOCKET 39, 73-74.

Case note in:

Does privilege against self-incrimination extend to incrimination under laws of another jurisdiction, 46 Ky. L. J. 281 (Winter 1958).

336. Miscellaneous

336.1. Lambert v. California. (U.S.S.C.) For facts, see II DOCKET 76, III DOCKET 35, 55.

Case notes in:

19 Ohio State L. J. 324;

39 Miss. L. J. 338.

336.2. Reyes v. U. S. (CA 9.)

and

336.3. Perez v. U. S. (CA 9.) For facts, see III DOCKET 35, 55. June 3: heard and submitted.
336.4. Kelly v. Municipal Ct. of City and Co. of San Francisco. (Calif. Sup. Ct.) For facts, see III DOCKET 55. Dist. Ct. of App. held for Pl., ruled once record expunged, Pl. need not register. Calif. Atty. Genl. filed petition for hearing before Calif. Sup. Ct.
340. Self-incrimination: Civil Sanctions
341. Army discharges
See cases at 253.
342. Employment—Public teachers

342.2b. Austin v. NY Bd. of Higher Education. (App. Div., 1st Dept.) For facts, see II DOCKET 12, 35. May 27: App. Div. reversed (4-1) Sup. Ct. dismissal of suit.
342.3. Lowenstein and Zimmerman v. Newark Bd. of Educ. (formerly listed as Laba, et al. v. Newark Bd.) (Newark Bd. of Educ.) For facts, see II DOCKET 17, 41-2, 58, 77, III DOCKET 12, 35, and #280.9 at III DOCKET 31. June 24: Bd. voted to dismiss Pls. because they had been "insubordinate" when questioned by Sup't. of Schools re their political beliefs.
- 79 -

342.4. Mass v. San Francisco Bd. of Educ. (Cal. Super. Ct.)*
342.5. Schuyten v. Contra Costa Bd. of Educ. (Calif. Dist. Ct. of App.) For facts, see II DOCKET 17, 42. June 4: Dist. Ct. of App. reversed, held (2-1) Pls. were asked unfair questions by (Burns) Calif. Fact-Finding Comm. on UnAmerican Activities in 1954 because Dilworth Act requires teachers to answer re their political associations up to 1948, and Pls.-teachers were asked up to and including part of 1950. Ct. held Def.-Bd's. dismissal of Pls. improper for this reason, particularly because Pls. not charged with Communist Party membership, but only refusal to answer.
342.9. Beilan v. Bd. of Education. (U.S.S.C., #668.) For facts, see II DOCKET 59, III DOCKET 12. June 30: U.S.S.C. (5-4) affirmed, per Burton, J., held discharge of public school teacher as "incompetent" because of refusal to answer Sup't's. question about Communist activities does not violate Fourteenth Amdt. Douglas and Black, Jj., diss.: "* * * the Ct. * * * makes qualifications for public office turn solely on a matter of belief, a notion very much at war with the Bill of Rights. When we make the belief of the citizen the basis of government action, we move toward the concept of total security. Yet total security is possible only in totalitarian regime—the kind of system we profess to combat." Warren, C.J., and Brennan, Jj., diss. separately.
342.10. Dixie School District v. Hanchett. (Marin Co. Super. Ct., Calif., #29082.)*
343. Employment—Other public officers

343.1. Lerner v. Casey. (formerly listed as v. Transit Authority.) (U.S.S.C., #165.) For facts, see II DOCKET 18, 42, 59, III DOCKET 12. June 30: U.S.S.C. affirmed (5-4), per Harlan, J., held Fourteenth Amdt's Due Process Clause not violated by NYC Transit Authority's discharge of subway conductor for "doubt" concerning his trustworthiness and reliability raised solely by his claim of privilege against self-incrimination when asked by Commissioner of Investigation whether he was currently member of Communist Party. Black and Douglas, Jj., Harlan, J., and Warren, C.J., diss.
343.2. Hancock v. Burns. (Calif. Sup. Ct.) (323 P. 2d 456.) For facts, see II DOCKET 18, III DOCKET 56. Dist. Ct. of App. held Defs.-members of Calif. UnAmerican Activities Comm., plus Comm's. counsel, had absolute immunity from suit by Pls.-employees of private co. fired as "poor security risks" after employer received letter from Defs.-Comm. members urging their dismissal. May 21: Calif. Sup. Ct. denied Pls. petition for hearing, 2 Jj. diss.

Rubin Tepper, Esq., 785 Market St., San Francisco; Edward F. Newman, Esq., 926 "A" St., Hayward, 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.)*
343.4. Callender v. San Diego County. (4th Dist. Ct. of App., Calif.) For facts, see III DOCKET 35. June 10: heard and submitted.
344. Employment—Private

344.2. Wilson, et al. v. Lowe's, Inc., et al. (U.S.S.C., #552.) For facts, see II DOCKET 42, III DOCKET 35, 56. Cite for cert. denied: 355 U.S. 597.
344.3. Wilson v. Liberty Films, Inc., et al. (Los Angeles Co. Super. Ct., #668887.)*
344.5. Gottlieb v. Universal Pictures Co., Inc. (Los Angeles Super. Ct.)*
344.6. United Electrical, Radio and Machine Workers of America, Local 610 v. Westinghouse Airbrake Co. (Allegheny Co. Ct. of Common Pleas, #3132.)*
344.7. Nelson v. General Electric. (Muni. Ct. of App., Dist. of Col., #M 6521-57.)*
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.)*
346.3. Fino v. Sun Ray Drug Co. and Md. Employment Security Bd. (Md. Ct. of App.) For facts, see III DOCKET 36. City Super. Ct. held against Pl. Appeal pending.
346.6. Panzino, et al. v. Pa. Unemployment Compensation Bd. of Review. (Pa. Super. Ct., ##31, 32, 33, Apr. Term.) Pls. denied unemployment compensation after dismissal by Westinghouse Corp. for use of Fifth Amdt. in declining to answer questions re political beliefs and associations. Apr.: heard and submitted.

Arnold D. Wilner, Esq., 1318 Frick Bldg., Pittsburgh.

Comm. of Pa., in opposition to decision by Def.-Bd., by Thomas D. McBride, Atty. Genl., and Harry J. Rubin, Esq., Harrisburg, Pa.

Amicus curiae brief by A.C.L.U. of Pa., by Marjorie Hanson Matson, Richard M. Moss and Sylvan Libson, Esqs.

350. Due Process
351. Delay in arraignment
Law review article:

Thomas C. Hennings, Jr., Detention and confessions: The Mallory Case, 23 Missouri L. R. 25 (Jan. 1958).

Case notes:

Unlawful detention without a hearing—Mallory v. U. S., 354 U.S. 449 (1957):

12 Ark. L. R. 115 (Winter 1957-58);

26 G. Washington L. R. 102 (Oct. 1957).

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352. Grand Jury procedures
353. Confessions

353.3. Reck v. Ragen. (ND Ill., E. Div., #57 C 2027.)*
353.4. Payne v. Arkansas. (U.S.S.C., #99.) May 19: U.S.S.C. reversed (7-2), per Whittaker, J., conviction of 19-yr. old Negro-Def. for first degree murder, held his confession, admitted over objection as part of evidence that went to jury, was coerced. Burton and Clark, Jj., diss.
353.5. Thomas v. Arizona. (U.S.S.C., #88.) U.S.S.C. (5-4) affirmed, per Clark, J., conviction of Negro-Def. for first degree murder, found no violation of due process clause of 14th Amendment, since confession was not a product of fear of lynching. Warren, C.J., Black, Douglas, and Brennan, Jj. diss.
353.6. U. S. ex rel. Wade v. Jackson. (U.S.S.C., #1030.) (144 F. Supp. 458.) 1941: Rel. convicted of being outside accomplice to break of 3 prisoners from Sing-Sing. May 19, 1958: CA 2 sustained writ ordering release of Rel. on ground his conviction was based on confession obtained by beating and otherwise brutal treatment, including being held incommunicado 23 hrs. without food or sleep. June 10: U.S.S.C. denied Def's. petition for certiorari.

Henry C. Roemer, and Philip C. Potter, Jr., Esqs., 15 Broad St., NYC, Court-appointed counsel.

353.7. Wakat v. Chicago Police Dept. (CA 7, #12151.) (253 F. 2d 59.) Pl. held secretly by Def.-police for 6 days, beaten with a club, blackjacks and sandbag, then confessed to a burglary. Def. threatened to throw Pl. from 13th floor window. Pl. sued for damages. DC Ill. held for Pl., $15,000 judgment. CA 7 affirmed.

Peter B. Atwood, Esq., 10 S. LaSalle, and Eugene T. Devitt, Esq., 100 W. Monroe, both of Chicago.

354. Unfair press releases
Law review article:

Gilbert Geis, Publicity and juvenile court proceedings, 30 Rocky Mountain Law Rev. 101 (Feb. 1958).

355. Perjured testimony

355.4. Sobell v. U. S. *
356. Courts martial

356.2. Lee v. Madigan. (U.S.S.C., #857.) Armed Forces tried dishonorably discharged soldier for alleged murder of fellow prisoner while serving court martial sentence; convicted, death sentence. CA 9 upheld Armed Forces jurisdiction. Issue: Under Toth (350 U.S. 11) and Covert (354 U.S. 1), was Def. out of military service at time and therefore entitled to civil trial? U.S.S.C. granted certiorari.

Robert E. Hannon, Esq., Castro Valley, California.

357. Naturalization proceedings

357.1. Budzislawski v. U. S. (CA 9.) For facts, see III DOCKET 13. U.S. Atty. confessed error, recommended CA 9 vacate DC refusal to naturalize Pet., citing U.S.S.C. decision in Konigsberg, 265.21, that record lacked "some authentic reliable evidence of unlawful or immoral actions reflecting adversely upon him."

Annotation:

Alien's claim of exemption from military service as ground for denying him citizenship. 1 Law Ed. 1929.

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, 56. Cite: 356 U.S. 86.

Case note in

42 Minn. L. R. 486 (Jan. 1958).

358.2. Diaz-Estrata v. Press. (SD Calif.) For facts, see II DOCKET 19. July: DC granted Pet's. motion for summary judgment reinstating his citizenship, citing U.S.S.C. decision in Trop, 358.1.
358.3. Matter of Bean. (ND Calif., S. Div.) For facts, see II DOCKET 19, 59. June 10: DC granted Pet's motion for summary judgment, held Immigration Service without authority to exclude American-born person (not found to have expatriated) from re-entering U.S.
358.6. Nishikawa v. Dulles. (U.S.S.C.) For facts, see II DOCKET 43, 59, 77, III DOCKET 13, 56. Cite: 356 U.S. 129.
358.7. Perez v. Brownell. (U.S.S.C.) For facts, see II DOCKET 43, 59, 77, III DOCKET 13, 56. Cite: 356 U.S. 129.
358.8. Mendoza-Martinez v. Mackey. (DC.) For facts, see III DOCKET 57. Cite: 356 U.S. 258.
358.9. Matles v. U. S. (U.S.S.C., #378.) For facts, see III DOCKET 57. Cite 356 U.S. 256.

Case note:

56 Michigan L. R. 806.

358.10. Costello v. U. S. (U.S.S.C., #494.) For facts, see III DOCKET 57. Cite: 356 U.S. 256.
358.11. U. S. v. Diamond. (U.S.S.C., #771.) For facts, see III DOCKET 57. Cite: 356 U.S. 257.
358.12. U. S. v. Fisher. (CA 7, #12,146.)*
358.51. Heikkila v. U. S. (ND Calif.) For facts, see III DOCKET 57. May 16: DC denied Pet's. motion for order dismissing deportation proceedings, granted motion staying Pet's. deportation pending final determination of deportability after all appeals exhausted.
358.52. Quintana v. Holland, Dist. Dir. (CA 3, #12,427.) (154 F. Supp. 640, ED Pa. 1957.) 1934: Pl. entered U.S.; 1943: arrested for deportation; 1947: married U.S. citizen; July 1948: Pl. pd. fee necessary to establish record of legal entry; July 1949: Cong. passed resolution granting Pl. status as permanent, lawful resident. July 1953: Dist. Dir. notified Pl. of Gov't's intention to rescind because of alleged Communist Party membership. First Imm. officer found no proof of this; 1955, after reopened hearings, Dist. Dir. recommended rescission of suspension of deportation. 1956: Cong. passed resolution withdrawing suspension. DC held for Def. May 23: CA 3 reversed, held Imm. Act of 1952 (sec. 246(a), 8 U.S.C.A. sec. 1256(a)) prohibited such rescission unless within 5 yrs. from adjustment of status, and 5-yrs. requirement not satisfied by mere notification to Pl. of Gov't's. intention to act.

John Brumbelow, Esq., 1810 Morris Bldg., Philadelphia. Amicus curiae brief by A.C.L.U., Greater Philadelphia Branch, by Harry A. Takiff, Esq., 1020 Suburban Station Bldg., and Julian E. Goldberg, Esq., 260 S. 15th St., both of Philadelphia; Rowland Watts, staff counsel, A.C.L.U., 170 Fifth Ave., NYC.

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359. Loyalty hearings
See 251 and 268.
360. Speedy and Public Trial
370. Counsel
371. Federal cases
Annotation:

Federal Constitution as guaranteeing assistance of counsel at administrative proceedings—federal cases. 1 Law Ed. 2d 1865.

372. State cases

372.1. Henderson v. Bannon. (formerly entitled Henderson v. Michigan.) (U.S.S.C.) For facts, see II DOCKET 20, 43. June 4: CA 6 affirmed DC denial of habeas corpus petition. Steward, J., diss. Pet's. petition for certiorari in U.S.S.C. filed.
372.3. Hinkley v. Washington. (Wash. Sup. Ct., #33869.) (152 Wash. Dec. 356.) For facts, see III DOCKET 37. On petition for rehearing, Wash. Sup. Ct. allowed right to appeal, affirmed conviction of Def. on merits, 55-yr. sentence upheld.
372.4. Crooker v. California. (U.S.S.C., #178.) For facts, see III DOCKET 58. June 30: U.S.S.C. affirmed (5-4) per Clark, J., held murder confession obtained from college-educated Def. with law school training who knew of his right to keep silent is not rendered involuntary by Calif's. denial of Def's. request to consult counsel; use of voluntary confession made after denial of Def's. request to consult counsel does not violate due process. Douglas, Warren, Black and Brennan, Jj. diss.: "The demands of our civilization expressed in the Due Process Clause require that the accused who wants a counsel should have one at any time after the moment of arrest."
372.5. McKenzie v. Mississippi. (Miss. Sup. Ct.) For facts, see III DOCKET 58.

S. T. Roebuck, A. B. Annis, Jr., R. S. Majure, Esqs., all of Newton, Miss.; W. H. Johnson, Jr., Esq., Decatur, Miss.; Rex Gordon, H. G. Stamper, L. B. Porter, Esqs., all of Union, Miss.; W. M. Everett and Robert Everett, Esqs., both of Hickory, Miss.

373. Indirect restrictions
Law Review articles:

Special Issue on Independence of the Bar, XVIII Lawyers Guild Rev. (Summer 1958):

Bertram Edises, Contempt of Court and the lawyer: the unequal combat, 49-52;

John T. McTernan, Economic status of lawyers and legal profession, 53-57;

Ann Fagan Ginger and Samuel M. Koenigsberg, Report on rules for admission to the bar: tests of applicants' "loyalty" and "good moral character", 58-66;

Benjamin Dreyfus and Doris Brin Walker, Grounds and procedure for discipline of attorneys, 67-78.


373.1. Re Gladstein. (DC Hawaii.)*
373.2. Re Bouslog. (U.S.S.C.) For facts, see II DOCKET 20, 60. June 9: CA 9 affirmed order of suspension. Petition for certiorari pending.
373.3. Re Bouslog. (DC Hawaii, Misc. #649.)*
373.4. Shibley v. U. S. For facts, see II DOCKET 20, 43. June: Def. released after serving sentence. Calif. State Bar cut Def's. suspension from practice; Def. able to practice immediately on his release.
373.6. Matter of Isserman. (CA 2.)*
373.20. In re Patterson. (Colo. Sup. Ct.) For facts, see III DOCKET 58.

Jack Carver Patterson, pro se, Box 1010, Register No. 30208, Canon City, Colo.

374. Opportunity for appellate review

374.1. Eskridge v. Washington State Board of Prison Terms and Paroles. (U.S.S.C., #96.) 1935: Pet. convicted, unable to appeal because of lack of funds to pay for printing of record and state's failure to provide for same. June 16: U.S.S.C. (6-2) reversed, per curiam, following Griffin v. Illinois, 351 U.S. 12 (1956), and remanded. Harlan and Whittaker, Jj., diss.
374.2. Bevins v. Colorado. (Colo. Sup. Ct., #18353.) Def. convicted of operating confidence game after trial during which he dismissed Ct.-appointed counsel. Appealing from conviction, Def. asked to be furnished transcript of trial record, pleading indigency. Trial ct. refused request. Colo. Sup. Ct. reveresd, granted motion, citing Griffin v. Illinois. Appeal from conviction pending.

Charles D. Montfort, Esq., 1037 First Natl. Bank Bldg., and H. Ted Rubin, Esq., 27 E. 2nd Ave., both of Denver.

380. Confrontation
See cases and law review articles at 312.
381. Criminal cases
382. Civil cases
- 82 -

390. Jury Trials (see also 510)
Annotation:

Stranger's communication with jury in federal criminal case as prejudicial. 1 Law Ed. 2d 1849.


390.3. Canon City v. Merris. (Colo. Sup. Ct., #17964.) Reported somewhat inaccurately at III DOCKET 58. Mar. 22: Colo. Sup. Ct. held that any person charged with an offense designated a misdemeanor by state statutes cannot be tried by the city under its ordinances, but must be given 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
Law Review field study:

Caleb Foote, Foreword—Comment on New York bail study, 106 U. of Pa. L. R. 685 (March 1958);

A study of the administration of bail in New York City, 106 U. of Pa. L. R. 693 (March 1958).

Annotation:

Right to bail before conviction or upon review thereof, under Federal Criminal Procedure, Rule 46(a)(1) and (2). 1 Law Ed. 2d 1564.

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, III DOCKET 58. Cite: 356 U.S. 165.
411.3. Thompson v. U. S. (SD NY.)*
412. Extradition

412.3. New York ex rel. Reid v. Ruthazer, Warden. (NY Ct. of App.)*
413. Civil cases
490. Miscellaneous Due Process

490.4. Pauling v. McElroy, Secy. of Defense. (DC DC, #566-58.) Suit by Nobel-winner, 2 Japanese injured by Hiroshima bombing, Japanese captain of fishing boat which has abandoned fishing during current U.S. bomb tests, and others, to enjoin further explosions of radioactive fall-out producing bombs and for declaratory judgment on constitutionality of delegation of authority to Defs. to detonate such weapons. Pending. Similar suit forwarded to Moscow for filing in U.S.S.R. Sup. Ct.

A. L. Wirin, and Fred Okrand, Esqs., 257 S. Spring St., Los Angeles; James T. Wright, Esq., of Washington, D.C.; Francis Heisler and Charles A. Stewart, Esqs., Carmel, Calif.

And see Bigelow, 252.51.

490.5. Farmer v. Rountree, Dir. of Internal Revenue, et al. (U.S.S.C., #975.) Pl. claimed constitutional right to abstain from aiding crime through payment of taxes which would be used in part by executive and legislative branches of fedl. gov't. to carry out military and foreign policies which as in Korean War, violate American and international law principles. DC dismissed complaint; CA affirmed. June 9: U.S.S.C. denied certiorari. Petition for rehearing pending.

Fyke Farmer, Esq., pro se, 300 W. Bellevue Drive, Nashville, Tennessee.

490.6. Buxton v. Ullmen, State's Atty. (New Haven Co. Super. Ct.) Pl.-Dr. seeking declaratory judgment on constitutionality of Conn. statute prohibiting use of contraceptives and application of accessory statute to Drs. prescribing such use. Three companion cases brought by individuals needing to use and get prescriptions for various medical reasons and by married couple desiring to use and get prescription for family-planning purposes only. Issue: is statute unconstitutional under Fourteenth Amdt. as denial of life and/or liberty? Pending.

Catherine Roraback, Esq., 185 Church St., New Haven; Prof. Fowler Harper, Yale Law School, New Haven.

490.7. Michigan v. Vaughn. (Genesee Co. Cir. Ct., #16299.) Def. charged with violating Flint ordinance making it a misdemeanor to invite a person of opposite sex "with whom they are not acquainted" to ride in any auto in the city. Def. argues ordinance is unreasonable exercise of police power, not aimed at legitimate objective of police power, proscribes action without regard to intent when action proscribed is of such nature no person not having actual notice of ordinance could have had any consciousness of guilt in doing act proscribed. Pending.

Max Dean, Esq., 804 Detroit St., Flint, Michigan.

Case note:

Constitutionality of curfew ordinance—Alves v. Calif., 306 Pac. 2d 601, 3 Villanova L. R. 100 (Nov. 1957).

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

Book:

Albert P. Blaustein and Clarence C. Ferguson, Jr., Desegregation and the Law: The Meaning and Effect of the School Segregation Cases, Rutgers U. Press (Newark) Pp. 333, $5.00.

Law review articles:

Ralph F. Bischoff, Constitutional law and civil rights—1957 survey, 33 N. Y. U. Law R. 433 (April 1958).

Glenn Abernathy, Expansion of the state action concept under the 14th Amdt., 43 Cornell L. Q. 375 (Spring 1958).

500. Elections
501. Racial discrimination

501.1. Allen v. Merrell. (U.S.S.C.) For facts, see II DOCKET 22, 60.

Case note:

11 Okla. L. R. 67 (Feb. 1958).

501.2. Ivy v. Cole, Registrar, Halifax Co. (ED N.C., Wilson Div., #610—Civ.)*
501.3. Lassiter, et al. v. Humphrey. (formerly 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.)*
502. Political discrimination

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

and

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

512.5. Eubanks v. Louisiana. (U.S.S.C., #550.) For facts, see III DOCKET 39. May 26: U.S.S.C. unanimously reversed, per Black, J.: system of selecting jurors permitted judges wide discretion, and several of judges had never even interviewed a Negro in selecting grand jurors tho 6 or more Negroes were included in each list from which selections were made. "* * * local tradition cannot justify failure to comply with the constitutional mandate requiring equal protection of law."
512.6. Lamkin v. Texas. (U.S.S.C.)*
512.8. Barry v. Texas. (Tex. Ct. of Cr. App.) For facts, see III DOCKET 59.

Anderson and Latham, Esqs., 600 City Natl. Bank Bldg., Wichita Falls, Texas.

512.11. Kansas v. Lopez. (Sup. Ct. Kan.) For facts, see III DOCKET 59.

John S. Scott, Esq., 410 Kansas Ave., Topeka, Kansas.

512.12. Goldsby v. Mississippi. (ND Miss.) For facts, see III DOCKET 59.*

George Leighton, Esq., 23 W. Madison St., Chicago.

513. Economic discrimination
514. Political discrimination
515. Discrimination against women
520. Education
Book:

Arthur S. Miller, Racial Discrimination and Private Education: A Legal Analysis, U. of N. C. Press (Chapel Hill 1957) Pp. 136, $3.50.

521. Challenge to unequal facilities

521.1. Holland v. Bd. of Public Instruction. (Palm Beach.) (CA 5, #16897.)*
522. Suits to enforce integration

522.Ala2. Shuttlesworth, et al. v. Birmingham Bd. of Educ. (ND Ala., #8914.) For facts, see III DOCKET 59. May 9: 3-judge Ct. unanimously dismissed Pls. action, held Ala. new pupil placement law not invalid on its face, could be administered in "a constitutional manner", tho law might later be held unconstitutional "in its application". While giving local bds. great authority over placement of pupils, law does not mention "race" or "color".

Ernest D. Jackson, Sr., Esq., 410 Broad St., Suite #208, Jacksonville, Fla.; James A. Washington, Esq., Howard U. School of Law, Washington, D. C.

522.Ark2. Matthews, et al. v. Launius, et al. (Bearden Dist.) (WD Ark., Civ. #570.)*
522.Ark3. Aaron, et al. v. Cooper, et al. (Little Rock.) (CA 8.) (143 F. Supp. 855, 243 F. 2d 361.) For facts, see II DOCKET 23, 61, III DOCKET 15, 39. After hearing, DC stayed integration order for 2½ yrs. because of conditions in Little Rock. June 30: U.S.S.C. ruled on Pls. direct appeal to it, denied certiorari, held, per curiam, that CA 8 had ruled on this matter 3 times (Aaron, Thomason, 523.Ark8, Faubus, 523.Ark6) and doubtless would rule on this application promptly. CA 8 set hearing for early Aug.

And see cases at 523.Ark and 204.5-204.14

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.)*
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.)*
- 84 -

522.Dela2. Evans, et al. v. Buchanan, et al. (Milford.) (CA 3.)

and

522.Dela3. Holloman, et al. v. Buchanan, et al. (Hilton.) (CA 3.)

and

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

and

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

and

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

and

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

and

522.Dela8. Staten, et al. v. Buchanan, et al. (Milford). (CA 3.) For facts, see II DOCKET 23, III DOCKET 15-16, 39. May 28: CA 3 affirmed DC judgment for Pls.
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, 60. Apr. 9: CA 5 reversed and remanded, ordered Pet. admitted to U. of Fla. School of Law. On remand, Pet. offered to withdraw his application to Law School if DC would issue order that no prospective student be barred from graduate schools of U. of Fla. DC so ordered.
522.Fla1a. Hawkins v. DeVane. (CA 5.) For facts, see III DOCKET 60. April 7: petition withdrawn without prejudice.
522.Fla2. Gibson, et al. v. Dade Co. Bd. of Public Instruction, et al. (SD Fla., #6978-M.)*
522.Ga2. Hunt, et al. v. Arnold, Ga. State School of Business Adm. (ND Ga., Atlanta Div., #5781.)*
522.Ga3. Calhoun v. Latimer. (Atlanta.) (ND Ga., Atlanta Div., #6298.)*
522.Ky5. 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.)*
522.Ky8. Spalding v. Wooley, et al. (Ky. Ct. of App.) For facts, see III DOCKET 60.

John K. Lewis, and John C. Anggelis, Esqs, Bank of Commerce Bldg., Lexington, Ky.

522.La1. Orleans Parish School Bd., et al. v. Bush, et al. (U.S.S.C. #979.) For facts, see II DOCKET 23, 62, 79-80, III DOCKET 40, 60. May 26: U.S.S.C. denied School Bd's. petition for certiorari.
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.)*
522.La6. Williams, et al. v. Prather, et al. (WD La., #5000 Civ.)*
522.La7. Bd. of Supervisors, La. State Univ. v. Ludley. (U.S.S.C., #1086.) (252 F. 2d 372.) For facts, see II DOCKET 62, III DOCKET 40. June: Def.-Bd. filed petition for certiorari in U.S.S.C. Pending.
522.La8. Bailey v. La. State Bd. of Educ. (CA 5.)*
522.La9. La. State Bd. of Educ. v. Lark. (U.S.S.C., #1080.) (252 F. 2d 372.) For facts, see II DOCKET 62, III DOCKET 40. June: Def.-Bd. filed petition for certiorari in U.S.S.C. Pending.
522.Md2. Slade, et al. v. Bd. of Educ. (Hartford Co.) (CA 4, #7552.)*
522.Md3. Groves, et al. v. Bd. of Educ. (St. Mary's Co.) (DC Md.) Pls.-Negro high school students denied admission to white schools Sept. 1957 because desegregation completed only in elementary schools. Having exhausted administrative remedy (see former suit, Robinson, 522.Md1, II DOCKET 24), application to white high school having been rejected, Pls. filed suit.
522.Md4. Hart v. Bd. of Educ. (Charles Co.) (DC Md.) Pl.-Negro 2d grader attends formerly all-white public school, but denied transportation in white school bus, and rejected offered transportation in Negro bus. Injunctive action filed, pending.
522.NC2. Covington, et al. v. Edwards, Supt. of Schools, et al. (Montgomery Co.) (MD N. Caro., Rockingham Div., Civ. #323.)*
522.NC3. Royster, et al. v. Bradsher, et al. (Person Co.) (MD NC, Durham Div., #194.)*
522.NC4. Weaver, et al. Bd. of Trustees of Chapel Hill Graded Schools, et al. (MD NC, Rockingham Div., #158-D.)*
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.)*
522.NC7. Holt, Jr. v. Bd. of Educ. (Raleigh.) (ED N.C., #1064.)*
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.Pa1. Pennsylvania v. Bd. of Directors of City Trusts. (formerly listed as In re Girard's Estate.) (U.S.S.C., #947.) (353 U.S. 230, 391 Pa. 434.) For facts, see II DOCKET 62, 80, III DOCKET 16, 40, 61. June 30: U.S.S.C. denied petition for certiorari, leaving standing decision substituting private for public trustees, continuing policy of denying admission except to "poor white male orphans".

Law review note:

Constitutionality of restricted scholarships: summary of questionnaires sent to 450 state-supported colleges re restricted scholarships administered by colleges, 33 N.Y.U. Law R. 604 (April 1958).

- 85 -

522.Pa2. Sealy v. Dept. of Public Instruction of Pa. (Darby Twnshp.) (U.S.S.C., #976.) Pls.-Negroes sued to enjoin construction of junior high school in location set by Def.-Dept., alleging location resulted from racial gerrymandering of school districts. DC held against Pls.; CA 3 affirmed. June 2: U.S.S.C. denied 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, 61. June: DC accepted Def.-Bd. plan to desegregate at rate of one new grade each yr., starting with first grade in 1957.
522.Tenn2. Booker, et al. v. Tennessee Bd. of Educ., et al. (Memphis State College.) (240 F. 2d 689, cert. den. 353 U.S. 965.) For facts, see II DOCKET 25, 46, 80.

Case note in:

25 Tenn. L. Rev. 281 (Winter 1958).

522.Tenn3. Ward v. Bd. of Educ. (Knoxville.) (ED Tenn., N. Div., #3158.)*
522.Tex5. Borders, et al. v. Rippy, et al. (N.D. Texas, Dallas, #6165.) (247 F. 2d 268.) For facts, see II DOCKET 25, 46, III DOCKET 17, 41, 61.

Case note in:

12 Ark. L. R. 219 (Spring 1958).

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.) (DC Va.)*
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.) For facts, see II DOCKET 26, 46, 63, III DOCKET 17. May 13: DC set Sept. 1958 as effective date for desegregation decree. May 22: 2 Negro students applied for admission to all-white elementary school.
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, 61. May 19: U.S.S.C. denied certiorari, leaving standing DC order of Aug. 1956 and Sept. 14, 1957 requiring admission of 7 Negro Pls. into specific previously all-white schools.
522.Va7. DeFebio v. Richmond Placement Bd. (Fairfax Co.) (U.S.S.C.) For facts, see II DOCKET 81, III DOCKET 41, 61. June 16: U.S.S.C. dismissed Pl's. appeal.
522.Va8. Colloway, 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.)*
522.Va12. 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.)*

And see Aaron, 522.Ark3, cases at 204.5-204.14.

523.Ky1. Grubbs, et al. v. Gov. Chandler, et al. (Franklin Co. Cir. Ct.)*
523.Tex2. Dallas Independent School Dist. v. Edgar, Tex. Commr. of Educ. (ND Tex., Dallas.) For facts, see III DOCKET 62.

A. H. Thuss, Esq., Dallas Fedl. Svgs. Bldg., Dallas.

530. Housing
531. Public
Law review article:

Ralph Shapiro, Integrated Housing: Its Extent and Acceptance, XVIII Lawyers Guild Rev. 12-19 (Spring 1958).


531.1. Queen Cohen v. Savannah Housing Authority, et al. (CA 5, #16,866.)*
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.)*
531.6b. Re Tannenbaum and Gardner. (NY App. Div., 2d Dept.)*
531.6c. Matter of Pericone v. S. C. A. D. (U.S.S.C.) For facts, see III DOCKET 62. Pl. filed notice of appeal in U.S.S.C.

And see agreement between S.C.A.D. and Veterans Admr. in NY under which VA will aid in elimination of discriminatory practices in VA-aided housing projects in NY State, June 4, 1958.

- 86 -

532. Private
Law review articles:

Special issue on Integration in Housing, XVIIII. Lawyers Guild Rev. (Spring 1958);

Leo J. Linder, Social results of segregation in housing, 2-11;

Ralph Shapiro, Integrated housing: its extent and acceptance, 12-19;

Stanley J. Mayer, Property value: effect of integration and anti-discrimination laws, 20-22;

Moses Sherr, Present status of Legislation prohibiting discrimination in housing, 23-25;

Comm. on Integration in Housing, Need for comprehensive anti-discrimination law and proposed model bill, 26-27, 28-29;

Constitutionality of bill prohibiting discrimination in housing: Paul L. Ross, Civil rights principles, 30-32; David M. Freedman, The police power, 33-37;

Mildred Roth, Extent of the problem: statistical data, 38-42.

Constitutional aspects of legislation prohibiting discrimination in housing, 26 Fordham L. R. 675 (Winter 1957-58).

Racial restrictive covenants—judicial enforcement of executory interest as being violative of 14th Amendment (Capitol Svgs. and Loan Assn. v. Smith, 316 Pac. 2d 252, 1957), 30 Rocky Mountain L. R. 227 (Feb. 1958).


532.2. Ming v. Horgan, et al. (Calif. Super. Ct., Sacramento Co., #97130.) For facts, see II DOCKET 27. June 25: Super. Judge James H. Oakley, in lengthy written opinion, held for Pl., found Pl. had proved consistent discrimination by Def.-subdividers, owners, builders, real estate agents against purchase of new homes by Negroes, but had not proved Defs. had acted as part of conspiracy. Ct. held U.S.S.C., in Brown decision, had established principle of integration and end of "separate but equal" doctrine; Defs., as recipients of fedl. gov'tal assistance, through FHA and VA financing, required not to flout this fedl. policy of equal rights, even tho not stated explicitly by Congress in housing acts. Pl. awarded $1.00 nominal damages, and order to be drawn. (See HIGHLIGHTS, this issue.)
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.)*
532.12. Capital Fed'l Svgs. and Loan Assn., et al. v. Smith, et al. (Colo. Sup. Ct.) For facts, see III DOCKET 63.

Harold L. Meadoff, Esq., 438 Equitable Bldg.; Ruth S. Hunt and Stuart St. Germain, Esqs., 1625 Court Place, all of Denver.

532.14. Putman, et al. v. U. S. (CA 8.) For facts, see III DOCKET 63.

John C. Farrar, Esq., 710 8th St., Rapid City, S. Dakota.

532.15. Bolton v. Crane, et ano. (Cook Co. Super. Ct., #57 S 6577.)*
540. Transportation
541. Interstate

541.3. Watson v. Eastern Air Lines. (SD NY.)*
542. Intrastate

542.3. Flemming v. S. Carolina Electric and Gas Co. (DC S.C.) For facts, see II DOCKET 27, 48. June 11: after trial before jury, verdict for Def.-intrastate bus co.
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. (U.S.S.C.) For facts, see II DOCKET 48, III DOCKET 42. CA 5 affirmed DC holding that bus segregation ordinances unconstitutional. Def.-Co's. petition for certiorari pending in U.S.S.C.
542.7. Inter-Civic Council of Tallahassee, Inc., et al. v. City of Tallahassee. (Cir. Ct., Leon Co., Law #8502.)*
542.8. Georgia v. Rev. Borders, et al. (Ala. Crim. Ct.)*
542.9. Morrison v. Davis. (U.S.S.C., #980.) For facts, see III DOCKET 42, 63. May 25: U.S.S.C. denied certiorari, leaving standing DC order enjoining racial segregation on New Orleans public transportation facilities.
542.10. Simpkins v. Mayor Gardner, et al. (WD La., Shreveport Div., #6651.) For facts, see III DOCKET 42. July 1: heard and submitted.
542.11. City of Montgomery v. Rev. Pleasure. (Ala. Cir. Ct., #5767.)*
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.)*
551.Cal4. Teverbaugh, et al. v. El Rey Trailer Parks, et al. (San Diego Co. Super. Ct., #215911.)*

Law review article:

Ronald P. Klein, The Calif. equal rights statutes in practice, 10 Stanford L. R. 253 (March 1958).

551.Colo1. Jernigan, et al. v. Lakeside Park Co. (Colo. Sup. Ct.) For facts, see III DOCKET 63.

Montfort, Wilson and Deikman, Esqs., 611 Ernest & Cranmer Bldg., Denver.

551.DC1. Mitchell v. Boys Club of Metropolitan Police, D.C., et al. (DC DC.) For facts, see III DOCKET 63-4.

Thurman L. Dodson, E. Lewis Ferrell, H. O. Pollard, Esqs., 626-3rd St., N.W., Washington, D. C.

551.Fla2. Moorhead, et al. v. City of Fort Lauderdale. (CA 5.)*
551.Fla3. Ward, et al. v. City of Miami. (U.S.S.C.) For facts, see III DOCKET 18, 64. CA 5 affirmed decision for Pls. Defs. petition for certiorari filed.
- 87 -

551.Mich1. Bishop, et al. v. Hotels Statler Co., Inc., et al. 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.)*
551.NY4. S.C.A.D. on complaint of Sharpe v. Ackley-Maynor Co., Inc., et al. (S.C.A.D.) Complainant charged Def.-proprietors of swimming pool with denying admission on account of race. Apr. 21: formal hearing held. May 15: consent order entered, ending case.
551.NC1. North Carolina v. Simkins, et al. (N.C. Sup. Ct.)*
551.Va3. Williams v. Howard Johnson's Restaurant. (ED Va.)* Charles E. Williams, pro se, 2407 S. Second St., Arlington, Va.
552. Others

552.Mich1. Russau, et ano. v. Restlawn Memorial Park Corp., et al. (Grand Rapids Super. Ct., Law #5270.)*
552.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. June 3: Wis. Sup. Ct. affirmed lower ct. order denying Pl.-wife's motion to dismiss counter-claim of Def.-husband, Pl. having contended Def's. raising religious and political issues in counter-claim did not constitute grounds for divorce. Remitted to lower ct. for trial on allegations in complaint and counter-claim.
563.7. Miller v. Sisters of Sa. Mary of Oregon, Inc., et al. (Wash. Sup. Ct.) For facts, see III DOCKET 64. Appeal pending.
564. Miscellaneous
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., #46672.) For facts, see II DOCKET 29. June 9: Ct. sustained Def.-School Bd's. motion to dismiss appeal.
571.3a. Starling v. Mingo Co. Bd. of Educ. (W.Va. DC.) Pl.-Negro teacher with continuous teaching contract not rehired as teacher during 1957-58 terms. Suit for $50,000. damages and injunctive relief. Pending.

Brown H. Payne, Esq., Beckley, W. Va.; Williard L. Brown, Esq., Charleston, W. Va.

571.6. Ross, et ano. v. Ebert, Bus. Agent, Bricklayers Union, et al. (Wis. S. Ct.) For facts, see II DOCKET 82, III DOCKET 64. Cite: 275 Wis. 523, 82 N.W. 2d 315.

Case notes in:

9 Hastings L. J. 211 (Feb. 1958);

39 Miss. L. J. 335.

571.9. Oliphant, et al. v. Bro. Locomotive Firemen and Enginemen, et al. (CA 6, #13387.) (156 F. Supp. 89.)*

Case notes in:

42 Minn. L. R. 947 (April 1958);

39 Miss. L. J. 335.

571.10. Richardson, et al. v. Texas and New Orleans R. Co., et al. (DC Tex., Houston, #9240.)*
571.15. Conley, et al. v. Gibson, Bro. of Railway and Steamship Clerks. (SD Tex., Houston Div., #8443.)*
571.17. Whitfield v. United Steelworkers of America. (SD Tex., #9838.) For facts, see III DOCKET 65.

Roberson L. King and Carl L. Williams, Esqs., 810 Prairie St., Houston.

571.18. Eaton, et al. v. Bd. of Mgrs., James Walker Memorial Hospital, et al. (MD N.C., Wilmington Div., #700.)*
580. Civil Actions under Civil Rights Law Not Otherwise Covered

580.1. Tynes v. Gogos. (Muni. Ct. of App., D.C.)*
590. Criminal Prosecutions under Civil Rights Law