Meiklejohn Civil Liberties Institute Archives logo
| HOME | HISTORY | PUBLICATIONS | DOCKETS | FINDING AIDS |

CIVIL LIBERTIES DOCKET
Vol. IV, No. 1
November, 1958
$7.50 per year

Search in this volume

Case Number: 

Enter a specific case number or use * as wildcard, e.g., 303.15, 303.*

Case Title: 

Enter keywords from the title of a case, e.g., carpenters union

Case Description: 

Enter keywords from the description of a case, e.g., segregation school
   
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.

This issue contains complete descriptions of all cases pending in July 1958 or instituted since that date. It will be unnecessary to refer back to earlier Volumes of the DOCKET as to these cases. Cases which were concluded prior to July 1958 will not be mentioned in Vol. IV except to give citations of law review articles and case notes.

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

SPEECH AND PRESS (10-99) See also Association (200-299)
10. Licensing
11. Meetings

11.2. Mazey and Detroit Labor Forum v. Keller and Arts Comm. of Detroit. (Wayne Co. Cir. Ct., #298,600.) Pls. refused permission to use Art Museum auditorium for folk song concert by Pete Seeger (see 271.25) on ground he was "controversial figure" whose appearance might cause disturbance damaging to bldg. and art treasures. Oct. 7, 1958: Cir. Ct. granted writ of mandamus requested by Pls., held: Museum is public institution; "If some hoodlums call up and threaten to create a disturbance if somebody sings or * * * acts in a play, the proper thing to do is call the police and have them arrested. We can not prevent a citizen from exercising his rights under our form of government because somebody threatens to create a disturbance."

Harold Norris, Esq., 1179 Natl. Bank Bldg., and Rolland O'Hare, Esq., for Met. Detroit Chapter, Am. Civil Liberties Union.

12. Motion Pictures (See also 52)

12.2. Kingsley Intl. Pictures Corp. v. N. Y. Bd. of Regents. (U.S.S.C., #394.) Suit by distributors of "Lady Chatterley's Lover" testing constitutionality of Sec. 122-122a, NY Educ. Law and refusal of NY Bd. of Regents to grant state license to movie. Sup. Ct. held for Defs. Jy. 1957: N.Y. App. Div. unanimously reversed, held sec. 122a of N.Y. Education Law invalid. May 1958: NY Ct. of App. (4-3) reversed, upheld ban. Issue: constitutionality of 1954 NY law barring licensing of films which "portray acts of sexual immorality * * * as desirable, acceptable or proper patterns of behavior." Sept. 1958: Pl's. jurisdictional statement filed in U.S.S.C.

Ephraim London, Esq., 150 Broadway, NYC.

12.7. Kingsley Intl. Pictures Corp. v. City of Providence. (DC R.I.) Apr. 1958: Pl.-distributors of "Lady Chatterley's Lover" and "And God Created Woman" sued to enjoin police and public officials from interfering with showing of films, following Def's. refusal to license them under Legion of Decency's film rating. Issue: constitutionality of use of this rating system. Fall 1958: 3-judge Ct. denied temporary injunction, dismissed action re "And God Created Woman."

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

12.8. Kingsley Intl. Pictures Corp. v. Blanc. (Pa. S. Ct.) Pl.-distributors sought order requiring Def.-Dist. Atty. to return to it copies of "And God Created Woman", seized to prevent showing in Philadelphia. Feb. 1958: Pa. S. Ct. (5-1) held for Pl., ordered film returned, no interference with its showing pending decision in Common Pleas Ct. Com. Pleas Ct. dismissed suit for lack of jurisdiction. Nov. 1958: argument in Pa. S. Ct.

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

- 2 -

12.9. Times Film Corp. v. Chicago. (DC Ill.) Action for injunction and $100,000 damages arising out of City ban on film "Nana". Jan. 1958: motion for summary judgment heard and submitted.

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

13. Peddlers
14. Books, Magazines

14.5. Mounce v. U. S. (DC DC.) (355 U.S. 180.) Customs Bureau seized 9,000 Swedish, German and Danish nudist magazines consigned to Pl.-importer. Dist. Ct. denied Pl's. attack on the seizure under standard: "If, at the time of such circulation, considered as a whole it offends the sense of propriety, morality, and decency of such average person." CA 9 affirmed. U.S.S.C. granted petition for certiorari. Solicitor Genl. confessed error; U.S.S.C. granted his petition to return to DC for consideration in light of U.S.S.C. decision in Roth v. U.S., 354 U.S. 476. On remand, DC released all magazines as not obscene.

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

15. Miscellaneous
20. Administration Restrictions
21. Customs
22. Post Office
22.1 "Playboy" v. Postmaster General. (CA DC.) Oct. 29, 1958: Post Office Dep't. ordered all copies of Nov. issue of Pl.-magazine withheld from mails until Dep't. could decide issue of obscenity. Oct. 30: DC DC issued restraining order forbidding ban for next 5 days because no hearing had been provided Pl. Oct. 30: CA DC denied Def's. motion for stay pending appeal.

Thurman Arnold, Esq., 1229 19th St., NW, Washington, DC. and Charles A. Reich, Esq.


22.2. Postmaster General v. Hamilton. (CA DC.) Postmaster obtained injunction prohibiting Def.-film dealer from sending thru U. S. mails 14 films found "obscene and objectionable" and advertising re films. On appeal, Def. claimed P. O. was interfering with all his business mail. Sept. 1958: CA DC restrained Post Office Dep't. from carrying out its order permitting interception of Def's. mail other than that re 14 films, enjoined Def. from attempting to mail films or ads re films or trying to collect money for films thru mails.
23. Miscellaneous

23.5. Random House and Bantam Books v. Detroit Police Commr. Piggins. (Wayne Co. Cir. Ct., Chanc. #555-684, 685.) Jan. 1957: Def. ordered O'Hara's "10 North Frederick" withheld from sale in paper and cloth-bound versions as obscene. June 1958: after trial, Cir. Ct. entered permanent injunctions against Def.-City and Police Commr., held Defs. had no power to ban a book until its obscenity had been determined after trial.

Horace S. Manges and Jacob F. Raskin, Esqs., 60 E. 42, NYC; Ralph Goldsmith, Esq., Detroit.

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.

Harold B. Stone, Esq., 1408 Hamilton Bank Bldg., and George Morton, Esq., Bank of Knoxville Bldg., both of Knoxville, Tenn.

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.) 1956: Pls.-producers of movie "Salt of the Earth" (re strike of Mine, Mill Union, see 203.1) brought action against 62 producing, distributing, exhibiting and processing companies charging violation of U.S. anti-trust acts. Pls. allege Defs. blacklisted 3 persons engaged in production of movie and thus made it impossible to obtain adequate distribution of film. Pls'. motion pending to prevent Defs. from inquiring by depositions of Pls'. officers re their personal political associations and opinions.

Rosston, Hort and Brussel, Esqs., 141 Broadway, NYC.

30.2. Rubenstein and Richards v. NYC Police Comm'r. Kennedy, Trustees of NYC Police Pension Fund. (NY Co. Sup. Ct.) 1958: Suit filed by Pls.-musicians for declaratory judgment on constitutionality of NYC Police Dept. regulations requiring entertainers and cabaret employees to carry identification cards in order to work in NYC. Suit also contests right of Dept. to collect $2 for cards and for accounting of estimated $500,000. so collected and turned over to Def.-Fund. One Pl. had been denied card for former convictions for possession of marijuana; one Pl. had card, was barred from employing musicians without such cards. Pending.

Maxwell T. Cohen, Esq., 505 Fifth Ave., NYC.

40. Contempt
41. Federal Courts

41.1. U. S. v. Torre. (U.S.S.C.) During pre-trial examination in $1,393,333 breach of contract and libel suit brought by Judy Garland against CBS, Def.-TV columnist for NY Herald Tribune refused to divulge name of CBS executive who was allegedly source of material in article objected to. Def. repeated refusal after Ct. order. Jan. 1958: Ct. convicted Def.; 10 day sentence. Oct. 1958: CA 2 unanimously affirmed, held: "Freedom of the press, hardwon over the centuries by men of courage, is basic to a free society. But basic, too, are courts of justice, armed with the power to discover truth. The concept that it is the duty of a witness to testify in a court of law has roots fully as deep in our history as does the guarantee of a free press." Issue: does reporter have privilege against divulging news source? Petition for certiorari pending in U.S.S.C.

Mathew Correa, Esq., 63 Wall St., NYC.

42. State Courts
43. Other agencies
- 3 -

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. Ct. dismissed Defs.

Eugene Zimmerman, Esq., 50 Broad, NYC in amicus appearance for Workers Defense League.

52. Obscenity (see also 12, 14)

52.8. People of New York v. Shapiro, et al. (App. Div., Second Dep't.) 1957: Defs.-distributors convicted under N.Y. Sec. 1141 for distributing magazine "Adam". During trial, Ct. refused to permit expert witness to testify re effect of material in magazine contrasted with effects of material in other types of media such as TV, movies, radio, etc. Appeal pending.

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

52.9. Nebraska v. Nelson d/b/a Nelson News Co. (Nebraska Sup. Ct.) 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 (354 U.S. 476), 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.

52.10. Nebraska v. Coren d/b/a Meyers News. (Nebraska Sup. Ct.) 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. (Nebraska Sup. Ct.) 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 (354 U.S. 476), 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. After trial, jury found Def. guilty after 5-hrs. deliberation.

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

54. Sedition (see also 241-4)

54.1. U. S. v. Powell, et al. (ND Calif., S. Div., #35065.) 1956: Defs.-editor and writers for "China Monthly", published in China, indicted under 50 U.S.C. 2388 for wartime sedition during Korean conflict: interfering with operation and success of U. S. military forces; promoting success of its enemies, insubordination, disloyalty, mutiny, refusal of duty, obstruction of recruiting and enlistment: reporting on "bacteriological warfare", war casualties and "American sabotage of Korean peace talks", all thru articles in "China Monthly". Nov. 1, 1957: DC ordered case dismissed after 30 days unless U. S. State Dept. permitted gathering of evidence for Defs. in China and N. Korea. Nov. 20, 1957: State Dept. granted passport to counsel, and defense counsel interviewed in China 38 witnesses, examined some physical evidence. Due to lack of judicial assistance agreement between China and U. S., China refused official cooperation, would not permit detailed questioning of witnesses nor location or interviewing of some 950 additional witnesses known to exist and will not issue passports to those interviewed to testify in trial in San Francisco.

Defense served on U. S. Atty. subpoena duces tecum returnable April 16, 1958, calling for production inter alia of records of Korean truce negotiations and of production and shipping of biological warfare weapons and CIA records of activities on China-Burma border between 1950-1953. Summer 1958: Gov't. dismissed one count, announced would introduce no evidence as to falsity of statements attributed to Defs. concerning U. S. aggression in N. Korea and Asia and U. S. stalling of truce negotiations, giving as reason defense subpoenas of secret documents which national security requires not be made public. Gov't. requested and received trial continuance from Oct. 13 to Jan. 19, 1959, claiming certain subpoenaed documents cannot be located and produced prior to that date.

Doris Brin Walker, Esq., 785 Market St., San Francisco; A. L. Wirin, Esq., 257 S. Spring St., Los Angeles.

55. Picketing

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

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

56. "Corrupt Practices"
57. Miscellaneous

57.1. People of New York ex rel. Hearn v. Muste, et al. (NY Ct. of App.) 1955: 19 Def.-pacifists convicted of misdemeanor under NY State Emergency Defense Act, Sec. 102, for refusal to participate in air raid drill. Sentences suspended. Issues on appeal: statute unlawful delegation of war power by Congress to states and municipalities; Congress had no war power at time of Defs.' action; statute says on its face it will interfere with First Amendment rights and is unconstitutional therefor; arrest denied Defs.' equal protection since others (incl. patrons at Yankee Stadium) were exempt from arrest for non-participation
- 4 -

in Air Raid drill; Defs. should have been treated as exempt persons under statutory exemption applied to persons of "recognized" religious persuasions. 1958: App. Term affirmed. June 1958: NY Ct. of App. allowed appeal.

Kenneth Greenawalt, Esq., 1 Wall St., NYC; Prof. Harrop Freeman, Cornell University, Ithaca, NY.

57.2. People of New York v. Peck, et al. (Spec. Sess., App. Term, NY Co.) 19 pacifists arrested for refusal to take shelter in air raid drill. Facts and issues similar to Muste (57.1). Def.-physicist claimed: "An officer said to take shelter. Shelter means protection, and there is no protection in NYC now against H-bomb." Jan. 1957: 6 (of 19) Defs. pleaded guilty, chose jail sentences instead of paying $25 fines. 1 tried; fined $25. Jan. 16-17: 11 tried in NYC Magis. Ct.; convicted; $25 fine or 5 days. Defs. free on $100 bail pending appeal.

Kenneth Greenawalt, Esq., 1 Wall St., NYC.

And see cases at 120.

60. Civil Sanctions
61. Defamation

61.1. N. Dakota Farmers' Educational and Cooperative Union v. Station WDAY and Townley. (U.S.S.C., #248.) (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.-candidate's allegation that Pl. was in sympathy with Communism, claiming that 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. Oct. 13, 1958: U.S.S.C. granted petition for certiorari.
61.2. Lamb v. Stations WSM and WLAC, Rep. Sutton. (DC Tenn.) Pl.-TV station owner sued Def.-candidate and 2 stations for libel for Def's. remarks, during campaign for U.S. Senator, that Pl. was Communist whose TV licenses had been revoked by FCC. In trial Ct., jury awarded Pl. $25,000 damages. On appeal, DC held Sec. 315, Fedl. Communications Act provides for equal time and no censorship of candidates; set aside jury award as to Def.-stations; denied Def.-Rep's appeal.
62. Injunctions in labor disputes
63. Other injunctions
90. Miscellaneous Freedom of Thought
FREEDOM OF RELIGION (100-199)
110. Separation of Church and State

110.1. In re Application of Lewis and Klein v. NY State Comm'r. of Education. (Spec. Sess., App. Term, Albany Co.) 1957: petition filed under Art. 78 to compel State Education Comm'r. to remove words "under God" from approved public school version of pledge of allegiance, arguing that words violate separation between Church and State. Sup. Ct. denied petition; appeal pending.

Martin J. Scheiman, 1740 Broadway, NYC.

110.4. Squires, et al. v. City of Augusta, et al. (Maine Sup. Ct.) Action by taxpayers to restrain city authorities from expending funds which had been appropriated by City Council to provide public bus transportation for pupils in parochial schools. 1957: Co. Ct. issued temporary injunction because state laws permit only expenditures for public schools. June 1958: heard and submitted to Maine Sup. Ct.

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

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. Trial before statutory 3-judge Ct. in Aug. and Oct. 1958. Decision awaited.

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

110.7. Pls. v. Ossining High School Bd. of Educ. (NY Sup. Ct., White Plains.) 1958: action brought by parents for injunction prohibiting erection and display of Nativity scene on public school grounds at Christmas-time. Issue: whether religious symbol, tho mute, is unconstitutional as method of teaching religious doctrine on tax-supported property. Pending.
120. Pacifists and Conscientious Objectors

120.2. Hanauer, et ano. v. Elkins, Pres., U. of Md. (U.S.S.C.) 1957: Pl.-students filed petition for writ of mandamus directing Def. and Bd. of Regents of land grant college to enroll them without requiring them to register for Air Force ROTC. Issue: whether Def's. requirement imposes unconstitutional religious tests on Pls.-conscientious objectors as condition for use of University facilities. Cir. Ct. held conscientious objector provisions in U.S. draft acts not based on constitutional right, but "an act of grace" by Congress. June 1958: Md. Ct. of App. affirmed decision against Pls. Aug. 1958: jurisdictional statement filed in U.S.S.C.; pending.

Oliver E. Stone, Esq., 1025 Vermont Ave. NW, Washington, D.C.

120.7. Wyoming v. Springer, et al. (Cheyenne Co. Ct.) July 1958: six pacifists attempted to impede construction of Atlas missile base. Convicted; $100 fines imposed; Defs sat out fines.

And see Pauling, 490.4, Farmer, 490.5, Bigelow, 252.51, Muste, 57.1, Peck, 57.2.

130. Denial of Tax Exemptions
140. Miscellaneous Restrictions

140.9. Two Guys from Harrison v. N. J. Atty. Genl. Furman, City of Newark, et al. (N.J. Super. Ct.) Suit brought
- 5 -

by several large retail stores for declaratory judgment on constitutionality of new N. J. law prohibiting some stores from selling on Sunday. Aug. 8, 1958: Super. Ct. granted temporary restraining order against Defs. enforcing law until hearing.

John J. Clancy, Esq., Newark, New Jersey.

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.) 1956: Without prior notice or warning, Def. Internal Revenue Dir. seized Pl.'s offices and those of affiliated state organizations, appropriating property and cash found on premises against deficiency income tax for 1951. Pl. suing to enjoin collection of tax until appeal from assessment tried in Tax Ct. Dist. Ct. denied motion for temporary injunction on ground law provides no such remedy and unique treatment of Pl. as political party immaterial. Issues: Whether Pl. has any taxable income; whether political parties are required to file income tax returns or pay taxes; whether Pl.'s refusal to furnish Def. with names of donors makes all money received taxable. Petition in Tax Ct. to set aside assessment pending.

John Abt, Esq., 320 Broadway, NYC.

203. N.L.R.B. Certification (See also 291)

203.3. U. S. v. Pezzati, et al. (DC Colo.) 1956: Indictment for alleged conspiracy to obtain use of services of NLRB for Mine, Mill and Smelter Workers Union by use of false affidavits by Defs.-union officials that they were not Communist Party members. Issues: charge appears to be for false statement under oath, which is not subject to conspiracy charge as defined in 18 USC 371, under which indictment is laid; U.S.S.C. decisions in Leedom and Meat Cutters, 352 U.S. 153, held NLRB can not look behind affidavits when filed, and therefore could not have been defrauded. March 1958: DC denied motion to dismiss. Trial date: Jan. 19, 1959.

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

204. Continued existence (See also 213, 223)

204.1. Alabama ex rel. Atty. Genl. Patterson v. N.A.A.C.P. (Ala. Cir. Ct.) (357 U. S. 449, 91 So. 2d 214, 220, 221.) June 1956: temporary restraining order issued, ex parte, against N.A.A.C.P. prohibiting it from conducting further business in the state, organizing new chapters, collecting funds, or complying with foreign corp. registration law. Jy.: Cir. Judge granted Atty. Genl. permission to examine N.A.A.C.P. files showing membership lists, names of persons authorized to solicit members and funds, bank and property data, and copies of charters. On Def's. refusal to produce because of fear of economic and physical reprisals against members, $10,000. fine imposed, increased to $100,000. for continued refusal. On appeal, Ala. S. Ct. refused to suspend fine while appeal pending; refused extraordinary writ to permit appeal directly to Ala. S. Ct. Dec. 6, 1956: Ala. Sup. Ct. refused for second time to review action.

June 1958: 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.

Pending in Cir. Ct. on remand from U.S.S.C. on issue of N.A.A.C.P. being permanently enjoined from further activity in Ala.

Robert Carter, Esq., N.A.A.C.P., 10 Columbus Circle, NYC.

204.1a. Alabama v. Mitchell and Patton. (Ala. Cir. Ct., Montgomery.) Apr. 1958: 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. (Fulton Super. Ct., Atlanta Jud. Cir., Ga., #A-58654.) 1957: Pl.-Revenue Commr. sought to inspect records of N.A.A.C.P.; officers asked to see Ct. order. Commr. sought and obtained Ct. order to inspect and contempt citations against N.A.A.C.P. officers. On presentation of Ct. order, officers permitted Pl. to inspect books and records for several days. Dec. 14: in hearing on contempt citations, Ct. held evidence did not show that some Defs. had such records in their control, ordered others to produce records which Defs. allege are not in their office but in national N.A.A.C.P. office in NYC, found one Def. guilty of contempt and sentenced him to 12 mths. in jail, suspended "so long as he behaves himself"; fined Def.-N.A.A.C.P. $25,000, "the Ct. reserving jurisdiction, after the production of the books, * * * to reduce the amount * * * if such should be just under the circumstances then existing." Def's. appeal pending.

Feb. 4, 1958: Pl. denied Def.-N.A.A.C.P. petition requesting tax exempt status, after Pl. assessed Def's. income tax at $17,000.

A. T. Walden, Esq., 200 Walden Bldg.; D. L. Hollowell, Esq., 859½ Hunter St., NW; E. E. Moore, Jr., S. S. Robinson and Romae S. Turner, Esqs., 175 Auburn Ave. NE, all of Atlanta, Ga.

204.4. Harrison v. N.A.A.C.P., Va. Conference, and N.A.A.C.P. Legal Defense and Educ. Fund, Inc. (U.S.S.C., #127.) (159 F. Supp. 503.) Jan. 1958: Action testing constitutionality of 1956 Va. laws which provide: 1) for registration of groups financing law suits to which they are not
- 6 -

parties; 2) penalties for activities for one race which create racial conflict; 3) punishment under barratry laws; 4) anyone bringing suit against state or local gov't. must file certain information. 3-judge Ct. held for N.A.A.C.P., granted injunction restraining Appellant, Va. Atty. Genl. from proceeding under Chaps. 31, 32, 35; retained complaints re Chaps. 33, 36 till N. A. A. C. P. secures interpretation in state cts. In long opinion, majority describes in detail activities of Pl.-organization and Pl.-Legal Defense Fund, clearly sets forth limits on state statutes regulating practice of law: "* * * the statute obviously violates the equal protection clause, for it forbids the pls. to defray the expenses of racial litigation, while at the same time it legalizes the activities of legal aid societies that serve all needy persons in all sorts of litigation * * *. The activities of the pls. as they appear in these cases do not amount to solicitation of business or a stirring up of litigation of the sort condemned by the ethical standards of the legal profession. They comprise * * * public instruction of the colored people as to the extent of their rights, recommendation that appeals be made to the cts. for relief, offer of assistance in prosecuting the cases when assistance is asked, and the payment of legal expenses for people unable to defend themselves; and the attorneys who have done the work have done so only when authorized by the pls. * * *." Hutcheson, J., dissented in part.

Oct. 13, 1958: U.S.S.C. noted probable jurisdiction.

Oliver W. Hill, Esq., 118 E. Leigh St.; Spottswood W. Robinson, III, Esq., 623 N. 3d St., Richmond; Thurgood Marshall and Robert L. Carter, Esqs., N.A.A.C.P., 10 Columbus Circle, NYC.

204.4a. N.A.A.C.P. Legal Defense and Education Fund, Inc. v. Harrison. (Richmond Cir. Ct.) In conformity with 3-judge ct. decision in 204.4, suit filed in State ct. under Declaratory Judgment Act for interpretation of Chaps. 33 and 36, redefining "running" and "capping", prohibiting "inducement" and "instigation" of litigation. Pending.
204.5. N.A.A.C.P., Inc. v. Arkansas ex rel. Bennett, Atty. Genl. (Ark. S. Ct., #5-1593.) 1957: Cir. Ct. found N.A.A.C.P. had been doing business in Ark., held Ark. Atty. Genl. had right to pre-trial discovery to obtain list of N.A.A.C.P. members and contributors, rejected Def.-organization's constitutional objections. N.A.A.C.P. paid $50 annual franchise tax, plus interest, into Ct. under protest; default judgment entered against N.A.A.C.P. Appeal heard May 22, 1958.

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

204.6. Arkansas v. N.A.A.C.P. (Cir. Ct., Pulaski Co.) Ark. Atty. Genl. seeks $5,000 fine against N.A.A.C.P. for doing business in state without registering as foreign corporation. N.A.A.C.P. alleges it registered as foreign corporation in Apr. 1956. Jan. 1958: Ct. heard argument on Def's. demurrer and Pl's. motion for inspection of N.A.A.C.P. records. Decision awaited.

Robert L. Carter, N.A.A.C.P., 20 W. 40th St., NYC; Thad D. Williams, J. B. Booker, Esqs., Ltitle Rock, Ark.

204.7. Arkansas ex rel. Atty. Genl. v. N. A. A. C. P. (Cir. Ct. Pulaski Co.) Proceeding by Atty. Genl. seeking to enjoin Def.-organization from allegedly engaging in "illegal practice of law". Def's. demurrer filed.

Robert L. Carter, N.A.A.C.P., 20 W. 40th St., NYC.

204.8. Arkansas ex rel. Bennett v. N.A.A.C.P. Legal Defense & Educational Fund. (Cir. Ct., Pulaski Co., #44,679.) Aug. 1957: Atty. Genl. complained Def. doing business in state without complying with foreign corps. law, asked $5,000 penalty. Oct. 1: Cir. Ct. denied Def's. motion to quash service on ground Def. not amenable to service in Ark. Atty. Genl. obtained order for production of Def's. records, incl. (1) names and addresses of persons receiving Def's. professional service and assistance, (2) names of all Ark. attorneys associated with Def's. activities, (3) names and addresses of all Ark. contributors. Def. furnished under seal all this information except (3), gave number of contributors per year and amount contributed annually. Def. also filed motion for order limiting scope of discovery. Pending.

Thurgood Marshall, Esq., N.A.A.C.P., Legal Defense & Educational Fund, 10 Columbus Circle, NYC.

204.9. Arkansas ex rel. Bennett v. N. A. A. C. P. Legal Defense & Educational Fund. (Cir. Ct., Pulaski Co., #45,183.) Dec. 23, 1957: Atty. Genl. asked for injunction restraining Def. and its agents from violating Ark. state law by engaging in practice of law. Jan. 8: Def. filed demurrer, alleging lack of jurisdiction over the person, lack of cause of action, Atty. Genl. not proper party Pl. Pending.

Thurgood Marshall, Esq., N.A.A.C.P. Legal Defense & Educational Fund, 10 Columbus Circle, NYC.

204.10. Little Rock v. Bates, et al. (Cir. Ct., Pulaski Co.) Suit against Rev. Crenshaw for failure to produce N. A. A. C. P. membership and contributors list dismissed for lack of evidence that notice had been served on Def. Dec. 1957: Little Rock Muni. Ct. found Def. Bates guilty of failure to produce list of N. A. A. C. P. members and contributors under Little Rock ordinance; fined $150 and costs. Feb. 1958: in trial de novo, Cir. Ct. affirmed, reduced fine to $25. To be appealed.

Robert L. Carter, Esq., N. A. A. C. P., 20 W. 40th St., NYC.; Thad D. Williams, Esq., Little Rock, Ark.

204.11. Arkansas State Conference of Branches, N. A. A. C. P. v. Baldwin, et al. (ED Ark., #3454.) Suit by N. A. A. C. P. to enjoin Def. Little Rock City officials from enforcing ordinance requiring N. A. A. C. P. to submit list of members and contributors, and to prevent harassment of Pl.-organization and accumulation of penalties against it. Nov. 15, 1957: Ct. granted parties' request to hold Def's. motion to stay and Pl's. motion for temporary restraining order pending outcome of Bates case, 204.10. Parties stipulated there will be no similar proceedings against other N.A.A.C.P. officials pending decision in Bates.

Robert L. Carter, Esq., N. A. A. C. P., 20 W. 40th St., NYC; J. B. Booker, Esq., Little Rock, Ark.

204.12. North Little Rock v. Fair. (Cir. Ct., Pulaski Co.) Dec. 1957: Def-vice pres. of N. Little Rock N. A. A. C. P. alleged he was not custodian of N. A. A. C. P. membership list; tried and convicted of violating ordinance requiring N. A. A. C. P. to furnish City with list of members and contributors; fined $25. Awaiting trial de novo in Cir. Ct.

Robert L. Carter, Esq., N. A. A. C. P., 20 W. 40th St., NYC.; Frank D. Reeves, Esq., 473 Florida Ave., N.W., Washington, D. C.; George Howard, Jr., Esq., 329½ Main St., Pine Bluff, Ark.

- 7 -

210. Compulsory Registration
211. 1950 Internal Security Act

211.1. Communist Party of U. S. v. Subversive Activities Control Bd. (S.A.C.B.) (351 U. S. 115 reversing 223 F. 2d 531.) Bd. held Pet. a "Communist action" organization and required it to register. Reversal by U.S.S.C. based on holding that Pet's. application to adduce additional testimony showing that 3 key Gov't. witnesses were untrustworthy and had committed perjury should have been granted. Remanded to Bd. with instructions to permit proposed testimony to be introduced or to re-evaluate original testimony without considering evidence of witnesses attacked. Aug. 1956: Bd. denied Pet's. motion to reopen hearings for supplemental proof, ordered testimony of 3 witnesses expunged without hearing. Dec. 1956: After hearing including issue of credibility of several Gov't. witnesses, S. A. C. B. issued modified report and recommendation that CA DC affirm its 1953 order requiring Communist Party to register. Jan. 1958: CA DC denied Pl's. motion to dismiss S. A. C. B. ruling against Pl.; held Jencks rule applicable to administrative proceedings; remanded to S. A. C. B. for production of Gov't. documents bearing on credibility of witness Markwardt. Apr. 1958: CA DC enlarged remand to include production of statements made by Gov't. witness Budenz to FBI. May 23: S. A. C. B. filed motion for clarification of this order. Pending.

John Abt, Esq., 320 Broadway, NYC.; Joseph Forer, Esq., 711-14th St. N. W., Washington, D. C.

211.2. Rogers v. Jefferson School. (CA DC.) S.A.C.B. ordered Def.-School to register as "Communist-front" organization, based on finding that Communist Party is "Communist-action" organization and School's activities are related to it. U.S.S.C. reversal of order in 211.1 and pending proceedings before Bd. in C.P. v. S.A.C.B. (211.1) have operated to stay further proceedings in this appeal until issues in that case are disposed of. (Def. ceased operation Dec. 1956.)

Harry Sacher, Esq., 342 Madison Ave., NYC.

211.3. Rogers v. Labor Youth League. (CA DC.) Facts and status similar to that in Jefferson School (211.2).

Gruber and Turkel, Esqs., 1 Bank St., Stamford, Conn.

211.4. Rogers v. Nat'l Council of American-Soviet Friendship. (CA DC.) Council ordered by S.A.C.B. to register as "Communist-front" organization. CA DC denied Def's. motion to set aside order summarily under C.P. v. S.A.C.B. (211.1) decision. Pending.
211.5. Rogers v. Civil Rights Congress. (S.A.C.B., #106-53.) Hearing concluded, decision of S.A.C.B. awaited on recommendation of hearing officer that organization be designated a "Communist front" and required to register, to which exceptions were filed Feb., 1956. Def. dissolved at Convention in Jan., 1956. Decision of Bd. pending also on motion to dismiss on ground of mootness.

Rhoda Laks, Esq., Ralph E. Powe, Esq., 700 Macon St., Brooklyn, N.Y.

211.6. Rogers v. Washington Pension Union. (S.A.C.B., #114-55.) After hearing, hearing officer recommended Def.-organization be required to register as "Communist front". Def's. motion to re-open on basis of Jencks decision pending. S.A.C.B. decision on exceptions to Examiner's recommendation pending.

Jay G. Sykes, Esq., Route 2, Box 2427-K, Edmonds, Washington.

211.7. Haufrecht v. S.A.C.B. (re American Peace Crusade.) (S.A.C.B., #117-56.) After hearing, S.A.C.B. ordered organization to register as "Communist front". Sept. 1957: S.A.C.B. struck testimony of Gov't. witness Isaac Alexander Wright and vacated previous registration order pending consideration of effect of striking this testimony. Intervenor's petition for review pending.

Joseph Forer, Esq., for Intervenor, 711 14th St. N. W. Washington, D. C.

211.8. Rogers v. California Labor School in San Francisco. (CA DC.) 1957: after hearings, S.A.C.B. affirmed hearing examiner's recommended finding requiring Def.-School to register as "Communist front". 1957: School ceased operation. Petition for review of registration order pending in CA DC.

Gladstein, Andersen and Leonard, Esqs., 240 Montgomery St., San Francisco.

211.9. Rogers v. Am. Comm. for Protection of Foreign Born. (S.A.C.B.) Proceeding pending before S.A.C.B. since 1953 to have organization declared "Communist front". Hearing Examiner's recommendation for registration order pending before S.A.C.B., with Def's. exceptions thereto.

Joseph Forer, Esq., 711 14th St. NW, Washington, DC.

211.10. Rogers v. California Emergency Defense Committee. (S.A.C.B.) Def.-organization, established to help provide Smith Act defendants with legal defense and to urge repeal of Smith Act, dissolved March 31, 1957. May, 1957: 5 days of hearings held. 1958: S.A.C.B. approved hearing examiner's recommendation for registration order. June 1958: S.A.C.B. postponed proceedings because of CA DC decision in Communist Party, 211.1.

John T. McTernan, Esq., 112 W. 9th, Los Angeles.

211.11. Rogers v. Connecticut Volunteers for Civil Rights. (S.A.C.B.) Motion to dismiss Pl's. petition for registration order because Def.-organization defunct denied. Hearings held on motion by Def's. last executive secretary to intervene to present evidence re defunct status. Oct. 1957: hearing officer recommended to Bd. that Def. be required to register. May 1958: S.A.C.B. postponed proceedings because of CA DC decision in Communist Party, 211.1.

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

- 8 -

212. 1954 Communist Control Act

212.1. Rogers v. Intl. Union of Mine, Mill & Smelter Workers. (S.A.C.B.) First petition filed (July 1955) under Communist Control Act of 1954 to have a union declared a "Communist-infiltrated" organization. Petition charges group in leadership has used Union for "Communist-inspired purposes." Hearings before S.A.C.B. postponed pending proceedings in C.P. v. S.A.C.B. (211.1). Feb. 1957: hearings commenced. June 1957: during hearings, Resp. moved for access to reports by FBI agents, under decision in Jencks; Gov't. voluntarily disclosed one such report. Hearing in recess pending ruling on applicability of Jencks decision re FBI reports to administrative proceedings.

Nathan Witt, Esq., P.O. Box 156, NYC; Joseph Forer, Esq., 711 14th St. NW, Washington, D.C.

212.2. Rogers v. United Electrical, Radio & Machine Workers (S.A.C.B.) 1957: hearings held on Atty. Gen'l's petition to have Union declared a "Communist-infiltrated" organization. 1958: Hearings suspended. Action started by local unions affiliated with Def.-Intl. on ground they are indispensable parties and have been excluded from hearing. Donner, Kinoy and Perlin, Esqs., 342 Madison Ave., NYC.
213. State Laws
220. Listing
221. By the Attorney General of the United States

221.1. National Lawyers Guild v. Attorney General. (DC DC.) (225 F. 2d 552, 351 U. S. 927.) 1953: After speech by Brownell in which he indicated he planned to "list" the Guild, Guild filed action for injunction against Att'y Gen'l proceeding toward determination of whether Guild should be placed on list of subversive organizations pursuant to Exec. Order 10450, on grounds that: (1) asserted power to list is unconstitutional under First and Fifth Amendments; (2) procedures set up by Att'y Gen'l do not afford "due process"; (3) Att'y Gen'l has so prejudged the issue as to render himself unfit to provide an impartial hearing. Nov., 1954: D.C. granted Def.'s motion for summary judgment. July 1955: C.A. D.C. affirmed; petition for rehearing en banc denied. Spring 1956: U.S.S.C. denied Pl's. application for certiorari. In administrative proceedings, Guild filed motion to modify interrogatories and for answers to cross-interrogatories. Atty. Genl. Brownell denied Guild's motion to eliminate all interrogatories and that he answer cross-interrogatories, appointed hearing officer to decide Guild's motion for modification of some interrogatories. May 1957: Guild filed additional memo asking elimination of additional interrogatories because asking for irrelevant and old information, under U.S.S.C. decisions in Konigsberg and Schware, 265.21, .22. Aug. 1957: Hearing officer Coddaire sustained Guild's objections to all or parts of 19 of the 64 interrogatories originally propounded by Atty. Genl. (including questions re political affiliation of members), because no proper foundation laid; questions vague and indefinite; organization couldn't be charged with information re members' affiliations. Decision submitted to Atty. Genl. for his action.

July 2, 1958: Pl.-Guild filed complaint in D.C. for dismissal of "listing" proceedings for lack of prosecution during 4½ yrs., particularly since U.S.S.C. decision in 1956 requiring Pl. to exhaust its administrative remedies, and for unconstitutionality of "listing" procedure.

Sept. 12, 1958: Atty. Genl. Rogers withdrew proceedings to designate the Guild, mooting case in D.C. Case closed.

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.) Def.-organization requested hearing under procedure permitting organization to contest inclusion on Atty. Gen'l's list. Spring 1956: Hearings held. Fall 1957: Gov't filed lengthy proposed findings of fact with Hearing Officer; Def. filed memo in opposition and its own proposed findings. June 1958: Atty. Genl. decided not to list Def.-organization. Case closed.

Joseph L. Rauh, Esq., 1631 K. St. NW, Washington, D.C.

221.5. Rogers v. Californians for the Bill of Rights. (Dept. of Justice.) In reply to proposed inclusion on Atty. Gen'l's list, Def. requested detailed, specific charges of wrongdoing, list of acts and policies of Communist Party which Def. allegedly implemented and supported, and that hearings be held in San Francisco, not Washington, D.C. Pending.

Charles R. Garry, Esq., 470 Central Tower, San Francisco.

221.6. Rogers v. Natl. Council of Arts, Sciences and Professions. (Dept. of Justice.) Facts somewhat similar to 221.5 Atty. Genl. assigned Hearing Officer. Pending.

Stanley Faulkner, Esq., 9 E. 40th, NYC.

222. By Congressional Committees
223. By State authorities

223.1. Luscomb v. Bowker, et al. (Suffolk Co. Ct.) (1956 Mass. Adv. Sheets 1009.) Action for injunction to restrain distribution of report of Special Comm. to Study and Investigate Communism and Subversive Activities and Related Matters in Mass. referring to Pl. as associating with persons listed as Communist Party members, and to declare Resolutions creating Comm. unconstitutional. Jy. 25, 1956: Mass. Sup. Jud. Ct. reversed lower Ct. decision, held members or officers of legislature not immune from service of civil process where no arrest was made. Remanded for further proceedings in trial ct. Sept. 1957: Argued on demurrers, including attacks on legislative Resolve permitting publication of names of persons as "subversive" as attainder, violating separation of powers and due process, and federal preemption of field: Also attacked because copied from Resolve of House Un-American Activities Comm. criticized in U.S.S.C. decision in Watkins (II DOCKET 72, #271.14). Pending.

Allen and Allen, Esqs., 6 Beacon St.; Larry Shubow, Esq., 209 Washington St., both of Boston.

223.2. Tormey v. Bowker, et al. (Suffolk Co. Ct.) Facts and issues similar to Luscomb (223.1). Pending.

Allan R. Rosenberg, Esq., 209 Washington St., Boston.

And see cases at 272.

- 9 -

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

241.3. U. S. v. Wellman, et al. (DC Mich.) (227 F. 2d 757, 354 U. S. 931, 253 F. 2d 601.) 1953: 6 Defs. tried, convicted; 4-5 yr. sentences plus $10,000 fines. Nov. 1955: CA 6 unanimously affirmed, citing Dennis. June 1957: U.S.S.C. granted certiorari, vacated judgment, remanded in light of Yates, 354 U. S. 98 , (Clark, J. diss.). March 1958: CA 6 reversed convictions, ordered new trial. Aug. 1958: On Gov't's. motion, case dismissed. Defs. discharged.

Ernest Goodman, Esq., 3220 Cadillac Tower, Detroit.

241.6. Senter, et al. v. U. S. (DC Mo.) (348 U. S. 935, 253 F. 2d 310.) 5 Defs. convicted after jury trial. Issues: similar to Yates (241.1), plus denial of due process through Gov't. witness' presence at defense consultations during trial. Spring 1957: Gov't conceded that U.S.S.C. holding in Yates, 354 U. S. 98, that "organizing" charge was barred by statute of limitations required reversal and remand for new trial. April 1958: CA reversed, with directions to grant new trial. Oct. 1958: Gov't moved in DC for dismissal of indictments. Motion granted; case closed.

Sydney L. Berger, Esq., 7 Koenig Bldg., Evansville 8, Ind.; R. L. Witherspoon, Esq., 1518 N. Sarah St., St. Louis, Mo.; Mary Kaufman, Esq., 185 Hall St., Brooklyn, NY.

241.8. U. S. v. Bary, et al. (DC Colo.) May 1955: 7 Defs. tried, convicted; 2½ to 5 yrs. sentences plus $1,500 to $5,000 fines. Aug. 23, 1957: CA 10 reversed and remanded for new trial because trial ct's. instructions re "organizing" charge contained error, under U.S.S.C. decision in Yates, 354 U. S. 98. Trial date to be set.

Defs. to be represented by ct.-appointed counsel.

241.9. U. S. v. Brandt, et al. (DC Ohio.) (256 F. 2d 79.) Jan. 1956: after trial, Judge ordered acquittal of 1 Def.; jury acquitted 4 Defs.; 6 Defs. convicted, 3½ to 5 yr. sentences. May 1958: CA 6 reversed on basis of U.S.S.C. decision in Yates, 354 U. S. 98, remanded for new trial. Pending.
241.11. Jackson, et al. v. U. S. (CA 2.) 1956: 6 Defs. convicted after jury trial; 1 to 5 yr. sentences. Aug. 5, 1958: CA 2 unanimously reversed; dismissed indictments (2-1), held U.S.S.C. has ruled that Smith Act "requires more than the teaching and advocacy of an abstract doctrine that the Gov't should be overthrown by force and violence. * * * The essential distinction is that those to whom advocacy is addressed must be urged to do something, now or in the future, rather than merely believe in something."

Mary Kaufman, Esq., 185 Hall St., Brooklyn, NY.

242. Smith Act: mere membership

242.1. U. S. v. Lightfoot. (DC Ill.) (228 F. 2d 861, 355 U. S. 2.) Def. convicted under membership section of Smith Act. First case to go to U.S.S.C. Issues: constitutionality of section; scope of Def's. First Amdt. rights. Argued: Oct. 1956. June 1957: U.S.S.C. ordered reargument. Oct. 1957: Gov't. conceded conviction must be reversed under Jencks decision; U.S.S.C. reversed and remanded for new trial.

John J. Abt., Esq., 320 Broadway, NYC; George W. Crockett, Jr., 3220 Cadillac Tower, Detroit.

242.2. Scales v. U. S. (U.S.S.C.) (227 U. S. 581, 355 U. S. 1.) Facts and issues similar to Lightfoot (242.1). 1954: indictment; 1955: convicted after jury trial, 6 yr. sentence. CA 4 affirmed. Argued in U.S.S.C. Oct. 1956; June 1957: U.S.S.C. ordered reargument in Fall, 1957. After Gov't. conceded conviction must be reversed under Jencks decision, U.S.S.C. Oct. 1957 reversed and remanded for new trial. Def. convicted after new trial; 6 yrs. sentence. Oct. 1958: CA 4 unanimously affirmed, held: "the activities of such a group constitute a clear and present danger to the state and he who joins with open eyes becomes a party to all that he sees." Telford Taylor, Esq., 400 Madison Ave., NYC.
242.3. Blumberg v. U. S. (DC Pa.) Facts and issues similar to Lightfoot (242.1). 1955: Def. convicted after trial. Motion for new trial pending.

Frank Donner, Esq., 342 Madison Ave., NYC.

242.4. Noto v. U. S. (CA 2.) Facts and issues similar to Lightfoot (242.1). 1955: Def. convicted; appeal pending.

Charles J. McDonough, Esq., Walbridge Bldg., Buffalo, NY.

242.5. U. S. v. Weiss. (ND Ill. E.D.) Indictment in 1954. Awaiting trial.

Wm. Scott Stewart, Esq., 77 W. Washington, Chicago.

242.7. U. S. v. Russo. (DC Mass.) 1956: Def. arrested. Awaiting trial.
242.8. U. S. v. Hellman. (DC Mont.) 1956: Def. arrested. May 1958: Def. convicted after jury trial. Appeal pending.

W. E. Coyle and Robert Poor, Esqs., Butte, Montana.

243. 18 U.S.C. 2384
244. State laws

244.5. Louisiana v. G. and J. Jenkins. (La. S. Ct., #43,809.) April 1957: Husband and wife arrested on information in 2 parishes, charged under state Criminal Anarchy statute with teaching proscribed doctrines and membership in proscribed political organization; and under 1952 state Anti-Subversive statute with membership in and contributions to proscribed political organization and failure to register as members thereof. Penalties: 10 yrs.; 20 yrs. Bail, originally $15,000 in one parish, reduced to $7,000 for each Def. Pending bail, Def.-husband, patient in TB ward, shackled to hospital bed. Nov. 1957: Crim. Dist. Ct. dismissed indictments, following Nelson decision (350 U. S. 497) on supercession. Spring 1958: State's appeal heard by La. S. Ct.; reargument ordered for Nov. 14, 1958.

Amicus appearance by Am. Civil Liberties Union, by George A. Dreyfous, Esq., 1609 Nat'l. Bank of Commerce Bldg., New Orleans, La.

250. Civil Disabilities: Federal
251. Federal employment

251.9. Vitarelli v. Seaton. (U.S.S.C., #101.) (253 F. 2d 338.) Pl. in Interior Dep't. dismissed for Communist associations; Pl.
- 10 -

denied charges. 1956: following U.S.S.C. decision in Cole, (351 U. S. 536) Pl. sued for reinstatement in non-sensitive job. Def.-Gov't. withdrew security dismissal, discharged Pl. effective same date because Pl. had no veteran's or civil service status. Feb. 1958: CA DC affirmed. Oct. 28, 1958: U.S.S.C. granted certiorari.

Clifford J. Hynning, Esq., 1821 Jefferson Pl. NW, Washington, D. C.; Allen S. Olmstead, 2d, Esq., and Saul, Ewing, Remick and Saul, Esqs., all of Philadelphia.

251.10. Coleman, et al. v. Brucker. (CA DC, #14,314-14,319.) Action by 8 of the 33 civilian employees of Gov't at Fort Monmouth suspended during 1953-54 McCarthy investigation, charged with Communist affiliations and associations. Pls. discharged after hearings at which Gov't. relied solely on admissions and confidential informants. Security Review Bd. affirmed; Sec. of Defense affirmed. Nov. 1957: Dist. Ct. dismissed complaint, held one Pl. entitled to reinstatement to non-sensitive job under Cole decision (351 U. S. 536). Defense Dept. granted clearance to one Pl. working in industry on classified Gov't. projects. June 19, 1958: CA DC reversed, held Gov't's. failure to furnish Pls.-employees with findings of Security Hearing Bd., as required by Army regulations, erroneous. Oct. 17, 1958: DC ordered Pls. restored to jobs at Ft. Monmouth with back pay for earnings lost due to discharge. [19 of 33 cleared and returned to work; 14 cleared, reinstated, resigned.]

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

And see cases at 268.

252. Deprivation of passport rights, right to travel

252.23. Leff v. Dulles. (DC DC.) 1956: Pl. refused to file non-communist affidavit requested by Def. Passport application denied. Suit field. Pending.

Leonard Boudin, Esq., 25 Broad St., NYC; Harry I. Rand, Esq., Wyatt Bldg., Washington, D.C.

252.24. Du Berg v. Dulles. (DC DC.) Facts similar to Leff, 252.23. Summer 1958: passport issued after U.S.S.C. decisions in Kent, Briehl, Dayton, 357 U. S. 116, 144. Complaint dismissed on stipulation of parties.

Leonard Boudin, Esq., 25 Broad St., NYC; Harry I. Rand, Esq., Wyatt Bldg., Washington, D.C.

252.25. Lamont v. Dulles. (CA DC.) 1951: Def. refused to issue passport to Pl. 1957: suit filed testing constitutionality of question added to passport application in 1956 concerning present and former membership in Communist Party. Jan. 1958: DC granted Def's. motion for summary judgment. July 1958: Def. issued passport on authority of U.S.S.C. decisions in Kent, Briehl, 357 U. S. 116, issued instructions that question on applications need not be answered. Case closed.

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

252.26. Strong v. Dulles. (DC DC.) 1958: Pl.-newspaper reporter filed suit to compel issuance of passport, alleging Def. denied passport on basis of information undisclosed to her and for her alleged associations and beliefs. Passport issued under doctrine of Kent and Briehl, 357 U. S. 116. Case dismissed. Forer and Rein, Esqs., 711 14th St. NW, Washington, D.C.
252.27. Worthy v. Dulles. (DC DC.) 1957: despite U. S. ban on travel there, Pl.-foreign correspondent visited Hungary and China; Def. revoked passport on Pl's. return to U. S. 1958: Pl. sues to compel renewal of passport without restrictions. Oct. 2, 1958: DC granted Def's. motion for summary judgment, held State Dep't. retains power to restrict areas to American travelers, despite Kent, Briehl decisions. To be appealed.

William M. Kunstler, Esq., for Am. Civil Liberties Union, 170 Fifth Ave., NYC.

252.51. U. S. v. Bigelow, et al. (DC Hawaii, #1646.) (CA 9, #160.12.) May 1958: 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. Def. convicted of contempt for attempting to sail into test area, served 60 day sentence.

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

252.52. U. S. v. Reynolds. (DC Hawaii.) 1951-1954: Def.-anthropologist employed by Atomic Bomb Casualty Commission in Japan. June 1958: completing round-the-world trip, Def. sailed his ketch, "Phoenix", into area restricted by A.E.C. for nuclear tests. Aug. 26, 1958: Def. convicted of felony, after jury trial; 6 mo. jail sentence plus 18 mo. on probation. To be appealed.

Joseph L. Rauh, Esq., 1631 K St. NW, Washington, D.C. And see Pauling, 490.4.

253. Unfavorable Army discharges

253.9. Olenick v. Bruckner. (DC DC.) Pl., veteran with honorable separation from active service, received undesirable discharge from Reserves on basis of charges of "subversive" political activities, some of which occurred prior to induction and others after separation and while Pl. in Reserves. Action brought to compel issuance of honorable discharge.

Victor Rabinowitz, Esq., 25 Broad St., NYC.; David Rein, Esq., 711—14th St. NW, Washington, D.C.

254. Deprivation of veterans disability payments

254.1. Wellman v. Whittier, Admr. Veterans Affairs. (CA DC, #14131.) 1954: Def. notified Pl.-disabled veteran that he had forfeited all accrued or future veterans benefits by reason of his conviction under Smith Act. Bd. of Veterans' Appeals denied Pl's. appeal. Pl. suing on ground that forfeiture under 38 USCA 728 requires showing that veteran was guilty of mutiny, treason, sabotage, etc., and that no such charge or proof arose in Smith Act trial. DC DC dismissed for want of jurisdiction. June 1958: 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 Def. in Smith Act case (Wellman, 241.3: conviction reversed and new trial ordered.)
- 11 -

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. Motion for rehearing denied.

James H. Heller, Esq., 1026 Woodward Bldg., Washington, D.C.; Osmond K. Fraenkel, Esq., 120 Broadway, NYC. American Civil Liberties Union, of counsel.

254.2. Thompson v. Veterans Admin. (Bd. of Veterans' Appeals.) Facts and issues similar to Wellman (254.1). On appeal, wife's payments reinstated, Pl's. payments discontinued. Request for reconsideration pending final action in Wellman.

Mary Kaufman, Esq., 185 Hall St., Brooklyn.

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. Communications Comm.) 1956: After filling out application for renewal of license, Lafferty was asked to answer further questions (re past or present membership in Communist Party or "Communist organizations") not asked of other applicants. At hearing before FCC, Comm. counsel refused to state why questions were asked, but stipulated that FCC files indicate that Lafferty had never violated any FCC rule or been complained about. Hearing officer recommended that renewal be denied because of refusal to answer questions. FCC denied application. Case closed.

Shirley Fingerhood, Esq., 655 Madison Ave., NYC; Albert M. Bendich, Esq., A.C.L.U. of N. Calif., 503 Market St., San Francisco.

257.3. In re Application of Borrow for Renewal of Radio Operator's License. (F.C.C.) Applicant for renewal of radio operator's license refused to answer questionnaire relating to present or past membership in Communist Party on grounds of Commission's lack of statutory or constitutional authority to make political inquiry of applicant. Oct. 1958: hearing held before F.C.C.; decision awaited.

Victor Rabinowitz, Esq., 25 Broad St., NYC.

257.4. In re Johnson. (F.C.C.) Facts, issues and status similar to Borrow, 257.3.

Albert M. Bendich, Esq., for A.C.L.U. of N. Calif., 503 Market St., San Francisco.

257.5. In re Cronan. (F.C.C.) Facts, issues and status similar to Borrow, 257.3.

Albert M. Bendich, Esq., for A.C.L.U. of N. Calif., 503 Market St., San Francisco.

258. Deportation proceedings (see also 358)

258.2. Re Janosco. (Immigration and Naturalization Service.) Non-citizen arrested for deportation to Hungary on charges of membership in Socialist Workers Party, which he denies. Pending.

Marshall Ross, Esq., Los Angeles.

And see cases at 358.50.

259. Denaturalization and Naturalization proceedings (see also 358)

259.4. U. S. v. Polites. (E.D. Mich., S. Div., #11,820 Civ.) (127 F. Supp. 768.) Def. admitted to U. S. in 1916 when 17; 1942: naturalized. Aug. 1953: DC ordered Def. denaturalized. Aug. 1958: Def. filed motion for order vacating final denaturalization order and reinstating judgment of naturalization, under Rule 60(b), Fedl. Rules of Civil Procedure. Issue: facts and witnesses used by Gov't. same or similar to those in Nowak and Maisenberg, 356 U. S. 660, 670, in which U.S.S.C. reversed denaturalization orders.

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

260. Civil Disabilities: State, Local and Private
261. State or local governmental employment (see also 343)

261.1. Wilkins v. Carlander, et al. (Super. Ct., Kings Co., #490844.) Pl.-warehouseman in cold storage plant of Port of Seattle brought action against Def.-Commr. and other officials of Port testing constitutionality of state law requiring state employees to take oath of non-membership in Communist Party and organizations on Atty. Gen'l's list. Issues: does statute violate First and Fifth Amdts., deprive Pl. of property in violation of Fourteenth Amdt. and constitute bill of attainder. Jan. 1956: temporary restraining order issued, preventing dismissal for refusal to sign oath for indefinite time, pending decision in Savelle (280.1).

John Caughlan, Esq., 702 Lowman Bldg., Seattle.

261.3. Hehir v. NYC Transit Authority, NY State Civil Service Commission, et ano. (N.Y. Sup. Ct., Kings Co.) Action under Article 78 to review dismissal of employee of Transit Authority under N.Y. Security Risk Law. Issues: constitutionality of law, application to employee, effect of refusal to answer questions. Motion for reinstatement argued; decision pending.

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

261.5. Reif v. NYC Dept. of Hospitals. (NY Co. Sup. Ct., Spec. Term, Part One.) Pl.-stenographer, Communist Party member 1939-41, suspended without pay 1955, dismissed May, 1956 by Bellevue Hospital under NY Security law. Nov. 1956: at Civil Service Comm. hearing, Def.-City refused to provide Pl. with bill of particulars as originally ordered by Comm., and did not produce evidence re Pl.'s political beliefs. May 1957: State Civil Service Comm. unanimously ordered Def.-Hospital to reinstate Pl., holding Pl. had occupied no position that "by sabotage, disclosure of confidential information or by other means, she can imperil the security and defense * * *". Jan. 1958: Sup. Ct. dismissed Def.'s suit to vacate order. May 1958: ct. affirmed, ordered Pl. reinstated.

David I. Shapiro, Esq., 350 5th Ave., NYC.

261.7. Crowe v. County of Wayne, Mich. (Wayne Co. Cir. Ct.) 1953: Pl. discharged as bookkeeping operator for refusing to subscribe to non-Communist oath. Claim filed for unpaid
- 12 -

salary, alleging discharge unlawful, oath improper and in violation of due process clause of 14th Amdt. Because of nature of discharge, Pl. unable to obtain other employment, claims $15,000. Mar. 1957: Bd. of Wayne Co. Auditors, on recommendation of Pros. Atty., denied Pl's. claim. Appeal pending.

Harry Kobel, Esq., Penobscot Bldg., Detroit, Michigan.

261.9. Wolstenholme v. Oakland Library Bd. (Calif. Dist. Ct. of App.) 1957: Pl.-librarian suing for reinstatement after discharge for refusal to answer questions by Def.-Bd. re Communist Party affiliation prior to Sept. 10, 1948 (date set forth in Luckel Act, authorizing such questioning.) Ct. dismissed action, held pendency of Steinmetz (I DOCKET 20, 97, #460.5) insufficient reason for 18 mth. delay in bringing action. Appeal pending.

Albert M. Bendich, Esq., for A. C. L. U. of N. Calif., 503 Market St., San Francisco.

262. Teaching (see also 267 and 342)

262.1. De Groate, et al. v. Long Beach Unified School Dist. (Los Angeles Super. Ct.) Calif. Educ. Code permits dismissal of probationary teachers in small cities without notice of reasons. May 1958: Def.-Bd. dismissed Pl. for past political activities and dismissed 2 others for trying to help save Pl's. job. Suit for reinstatement, back pay, damages, and ruling on constitutionality of provision pending.

A. L. Wirin and Fred Okrand, Esqs., 257 S. Spring St., and Paul M. Posner, Esq., all of Los Angeles.

263. Denial of State unemployment insurance rights

263.1a. Syrek v. Calif. Unemployment Insurance Appeals Bd., et al. (Calif. Dist. Ct. of App., N. Dist., Div. I.) Def.-Bd. disqualified Pl. for 10 wks. for turning down referral to public employment, requiring oath under Levering Act. Appeal pending.
263.2. Re Albertson. (NY Sup. Ct., App. Div., 3d Dept.) Appeal from denial of unemployment insurance benefit claim based on ruling by State Industrial Comm'r that employment by Communist Party does not count toward employment base. 1957: Unemp. Ins. Referee held: (1) employment by Communist Party does not count toward employment base because Party not a legal employer: (2) employment by Civil Rights Congress does count toward employment base. Claimant appealing from (1); State Industrial Commr. appealing from (2). Pending.

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

And see cases at 346.

264. Denial of State licenses
265. Proceedings against attorneys and Bar applicants (see also 345, 373)

265.3. Florida v. Sheiner. (Fla. Sup. Ct.) (82 So. 2d 657.) 1954: disbarment proceeding filed, based on alleged membership in Communist Party and other organizations on Atty. Gen'l's list and for use of Fifth Amdt. in hearings before Sen. Comm. and Fla. grand jury. On trial, Def. disbarred by Cir. Judge for use of Fifth Amdt. when questioned by Ct. Fla. Sup. Ct. reversed, holding use of Amdt. not ground for disciplinary action; remanded for trial on issue of alleged membership. On retrial, Def. amended answer to deny membership since 1952. July 1956: trial held. On stand, Def. again asserted Fifth Amdt. on questions of membership prior to 1952. Ct. ordered disbarment, claiming that testimony showed Def. had engaged in Communist activities from 1946-1952 which were unprofessional and in violation of his oath, and that such testimony had not been rebutted or explained. In Mesarosh, 241.2, U.S.S.C. reversed conviction because witness in that case, Mazzei, had also testified in Sheiner and Gov't regarded that testimony as perjurious. Both parties moved before Fla. S. Ct. to take action based upon such acknowledged perjury. Jan. 1957: Sup. Ct. vacated order of disbarment; ordered Mazzei's testimony stricken, case remanded for consideration without such testimony and with right for both sides to introduce additional testimony. Upon reconsideration, disbarment proceeding dismissed. State's appeal pending.

Louis Jepeway, Esq., Biscayne Bldg., Miami; John M. Coe, Esq., 205 Bell Bldg., Pensacola, Fla.

Amicus briefs by National Lawyers Guild, by David M. Freedman and Abraham Unger, Esqs., 320 Broadway, NYC.

265.4. In re Schlesinger. (Allegheny Co. Common Pleas Ct., Pa.) June 1950: disbarment complaint filed with Sub.-comm. of Comm. on Offenses charging alleged activities and membership in Communist Party. Jan. 1954: hearing opened. Main witnesses against Resp.: Cvetic and Mazzei (see Mesarosh, 241.2) re activities 5-10 yrs. ago. Sept. 22, 1956: argument held. Apr. 1957: Subcomm. submitted lengthy report to full comm., including findings of Communist Party membership. May 1957: Comm. approved report and recommendation of disbarment filed with Ct. Oct. 1957: Ct. postponed hearing on its own motion. Pending.

John Buchanan, Charles F. C. Arensberg, Thomas Griggs, Louis Caplan, Richard Tucker, James C. Kuhn, John Tabor, and Louis Glasso, Esqs., all of Pittsburgh, Pa.

265.5. In re Steinberg. (Allegheny Co. Common Pleas Ct., Pa.) Complaint filed charging alleged membership in Communist Party. Apr. 1957: Subcomm. submitted lengthy report to full Comm., including finding of Communist Party membership. May 1957: Comm. approved report and recommendation for disbarment, filed with Ct. Oct. 1957: Ct. postponed hearing on its own motion.

M. Y. Steinberg, Esq., 1010 Berger Bldg., Pittsburgh, Pa.

265.21. Konigsberg v. State Bar of California and Comm. of Bar Examiners. (Calif. S. Ct.) (353 U. S. 252.) Suit by Pl.-applicant for admission to the Bar after successfully passing Bar examination. Def.-Comm.'s refusal to admit based on failure to show "good moral character". Calif. S. Ct. affirmed. May 1957: U.S.S.C. reversed (5-3) Black, J.: (1) alleged Communist Party membership in
- 13 -

1941 "* * * would not support an inference that he did not have good moral character." (2) Refusal to answer questions re political belief and association asked by Bar Examiners on ground of First Amendment rights: "* * * Obviously the State could not draw unfavorable inferences as to his moral character * * * if his refusal * * * was based on a belief that the U. S. Constitution prohibited the type of inquiries * * *." (3) Comm. found Konigsberg had failed to prove he did not advocate violent overthrow of Gov't.; Ct. quoted his denials of such aim.

Summer 1957: On return of mandate from U.S.S.C., Pl. petitioned Calif. Sup. Ct. for immediate admission. Sup. Ct. referred matter back to Comm. of Bar Examiners. On Pl's continued refusal to answer question re past or present Communist Party membership, Comm. informed him that failure to answer this question would be single ground for denial of admission. Nov. 1957: Comm. filed negative report with Calif. Sup. Ct. Jan. 1959: Pl's appeal to be argued in Calif. S. Ct.

Edward Mosk, Esq., 5305 Yucca St., Hollywood, Calif.

Amicus briefs filed by National Lawyers Guild, by Osmond K. Fraenkel, Esq., 120 Broadway, and Abraham Unger, Esq., 320 Broadway, of NYC., and Jessica Davidson, Esq., and by Am. Civil Liberties Union, 170 Fifth Ave., NYC.

265.23. Re Anastaplo. (Comm. on Character and Fitness, 1st App. Ct. Dist. of Ill.) (3 Ill. 2d 471, 121 N. E. 2d 826, 349 U. S. 903, 908.) See I DOCKET 18. Applicant originally declined to answer questions re political beliefs before Comm. on Character and Fitness in 1950; application denied; U.S.S.C. denied cert. Relying on U.S.S.C. decisions in Schware, Konigsberg, Patterson, 265.20, .21, .22, Applicant petitioned Comm. for rehearing. July 1957: Comm. denied petition for admission for same reasons given in earlier case. Sept. 1957: Ill. Sup. Ct. held Comm. on Character and Fitness should have allowed Pet's. petition for rehearing and heard evidence. "Principal question" on rehearing: "significance of * * * applicant's views as to * * * overthrow of gov't. by force in * * * light of [U.S.S.C. decisions in] Konigsberg (265.21) and Yates (241.1)." Comm. to hold hearing and report evidence and its conclusions. Pending before Comm.

George Anastaplo, pro se, 6026 Ellis Ave., Chicago.

266. Deprivation of right to tax exemption
267. Private employment—Teaching (see also 262, 280 and 342)
268. Private employment—defense establishments (see also 344)

268.1a. Graham v. Richmond. (CA DC.) Action to compel Coast Guard to issue seamen's documents to Pl. [See Parker, et al. v. Lester, 268.1, 227 F. 2d 708; 235 F. 2d 787.] 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. DC dismissed complaint. Pl's. appeal pending.

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. Pending.

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.) Action for damages by employee improperly screened under invalid Coast Guard regulations. (See I DOCKET 92 for unsuccessful Ct. of Claims action.) DC dismissed complaint. 1957: CA affirmed DC dismissal of complaint on ground not determined by DC nor considered by parties pressing appeal: that complaint, tho suing under Fed. Torts Act, did not sufficiently allege tortious conduct by U. S. DC dismissed amended complaint. Oct. 1958: appeal heard and submitted.

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

268.5a. Dressler v. Wisconsin Employment Relations Bd. (Wis. Sup. Ct.) Pl. filed complaint against Wis. Telephone Co., charging its refusal to arbitrate Pl's. "security" discharge constituted unfair labor practice. Def.-Bd. dismissed complaint. Apr. 1958: Cir. Ct. held Bd's. award in Kreznar arbitration is res judicata as to Pl's. discharge. Appeal to be argued: Winter 1958.

M. Michael Essin, Esq., 623 N. Second St., Milwaukee, Wis.

268.5b. Dressler v. McElroy, et ano. (DC DC.) Action for declaratory judgment and injunction against Def. Secy. by ex-employee of Wis. Telephone Co. to set aside and restrain him from maintaining in effect a determination that Pl. be denied access to classified information. Pl. never did classified work or requested such access; discharged by Co. because Defense Dept. "suspended" his clearance. Charge: affiliation with and activity in Socialist Workers Party. Issues: 1) does Defense Dept. have jurisdiction to issue such ruling; 2) was Pl. given due process hearing before Industrial Personnel Hearing Board. Oct. 1957: DC denied preliminary injunction because Bd. had such implied authority, and due process either not required at hearing, or provided. Awaiting trial.

David Scribner, Esq., 342 Madison Ave., NYC.; M. Michael Essin, Esq., 623 N. 2d St., Milwaukee, Wis.; Forer and Rein, Esqs., 711 14th St., NW, Washington, D.C.

268.7. Kreznar v. Wilson. (DC DC.) Action challenging application of Gov't industrial personnel security program to non-sensitive positions with no authorized access to security information. Issues raised as to constitutionality of regulations and procedure thereunder. Pending.

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

268.9. Bessell v. Eastern Industrial Personnel Security Hearing Bd. (CA 3.) 1957: Pl.-employee of Radio Corp. of America, barred from working on classified work after hearing before Def. Bd., filed suit alleging that sole reason for denial of clearance was participation in early 1930
- 14 -

"depression march", that Bd's. action constituted denial of due process, and testing constitutionality of Bd's. authority. DC dismissed complaint. Oct. 1958: heard and submitted to CA 3.

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

268.10. Berman, et al. v. Nat'l. Maritime Union. (SD NY.) Class action by seamen who were cleared by Coast Guard pursuant to decision in Parker v. Lester, 268.1, but were then refused right to register at Union hiring hall. Issues: 1) whether a Union has a right to make its own loyalty determinations; 2) obligation of a Union to afford equal protection to all of its members and to refrain from discriminating against all of the persons whom it represents. DC denied Def's. motion to dismiss in major part; decision pending following reargument.

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

268.11. Lundquist v. Marine Engineers Beneficial Assn., Local 97. (Calif. Super. Ct., San Francisco.) Facts and issues similar to Berman, 268.10. May 1957: Def.-Union held hearing, but no decision has been handed down. Suit pending.

Albert M. Bendich, Esq., for A. C. L. U. of N. Calif., 503 Market St., San Francisco.

268.12. Green v. McElroy. (U.S.S.C., #180.) (150 F. Supp. 958, 254 F. 2d 944.) Pl.-ex-vice-pres., Engineering and Research Co., challenged Navy's withdrawing Pl's. security clearance and exclusion from all Navy work, which caused Pl. to resign from post. Charge: association with Communists (esp. Pl's. ex-wife) and "front" organizations. Pl. divorced in 1947; charges brought in 1953. At Industrial Personnel Security Bd. hearing, Gov't. produced no witnesses, relied on undisclosed statements by anonymous informants. DC DC dismissed complaint. Apr. 1958: CA DC upheld constitutionality of security clearance statute, said "The personal tragedy revealed by this recital needs no emphasis", referring to decrease of Pl's. income from $18,000 post to $4,000 job. Ct. held it was beyond power of Cts. to make Executive Branch choose between revealing "state secret" or canceling its defense contracts, "either of which might compromise security of the country". Ind'l. Security program now covers 3,500,000 civilians; 1,008 clearances withheld between 1953-58. Oct. 1958: U.S.S.C. granted certiorari.

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

269. Private employment—Other (see also 344)

269.1. Faulk v. AWARE, Inc., et al. (N.Y. Sup. Ct., N.Y. Co.) Suit for $500,000 damages by Pl.-radio performer charging Def. organization and directors with conspiracy to defame Pl. by circulating false matter seeking to link him with "Communist conspiracy"; attempting to blacklist Pl. and other radio and television artists. (Pl. had filed non-Communist affidavit when elected officer in American Federation of Television and Radio Artists.) Pl. also alleged Def. had caused loss of 19 commercial sponsors for his program per week and rendered him unemployable on TV and radio networks other than CBS. Aug. 1956: Ct. dismissed Def's. answer that their statements were true, fair comment and privileged; held defenses not valid because Def's. statements only conclusions, not facts. Feb. 1957: App. Div. affirmed. Pending trial on Def's. second amended answer.

Louis Nizer, Esq., Phillips, Nizer, Benjamin and Krim, Esqs., 1501 Broadway, NYC.

269.1a. Iverson v. Seattle Gas Co. (Super. Ct., King Co., Washington, #471046.) 1954: Pl.-employee of Def. Co. put notice on employees' bulletin board explaining why he would not answer any questions re his political affiliations when Un-American Activities Comm. held hearings in Seattle. Def. Co. gave statement to newspaper re Pl's. notice, that communists were disloyal people who followed Russia rather than U. S., that such people could not work for Gas Co. because they were liable to blow up the gas works. Pl. sued for libel. Def. pleaded qualified privilege and truth as defenses. Ct. denied Pl's. motion for summary judgment to strike affirmative defense of qualified privilege. Trial date: Fall 1958.

Caughlan and Opendack, Esqs., 702 Lowman Bldg., Seattle, Washington.

269.2. Allen v. Local 1976, Carpenters Union—AFL-CIO. (Calif. S. Ct.) Pl.-business agent expelled by Def.-Union for attending meetings in behalf of Defs. in Smith Act case (Yates, 241.1). Issues: expulsion based on hearsay evidence, with no right of cross-examination or confrontation, in violation of due process and contrary to Union by-laws; against public policy to permit Union to expel member for giving aid and comfort to "communist front organization", e.g., Civil Rights Congress. In suit for restoration of membership, Ct. ruled against Pl., held Union trial fair, NLRB has exclusive jurisdiction over damages resulting from loss of employment due to lack of union membership. Dist. Ct. reversed, held only that Ct. had jurisdiction. Sept. 1958: Calif. S. Ct. granted appeal; pending.

Herbert W. Simmons, Jr., Esq., 315 W. Vernon Ave., and Abraham Gorenfeld, Esq., 510 S. Spring St., both of Los Angeles.

269.3. Friedman v. Hayes, Pres. and Intl. Assn. of Machinists. (252 F. 2d 846, 357 U. S. 926.) 1952: Pl.-diemaker acquitted of charge of supporting, encouraging, advocating communism by local union trial bd. Union officials appealed to Def.-Union Pres., who reversed, held evidence clearly established Pl's. advocacy. Pl.-member sued to bar expulsion from Def.-Union. DC DC decided for Pl. Feb. 1958: CA DC reversed, held Pl. had been legally expelled. U.S.S.C. denied certiorari.

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

269.4. New Orleans Newspaper Guild v. The Item Co. (CA 5.) Action for specific performance of collective bargaining contract arbitration clause under Natl. Labor Relations Act, sec. 301 after Def.Co. fired drama critic for association with persons whose patriotism had been questioned,
- 15 -

i.e. Southern Conference Educational Fund. DC judgment for Pl. Appeal heard and submitted.

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

269.5. Asselin v. General Motors Corp. and UAW-CIO. (Genesee Co. Cir. Ct.) Pl.-Fisher Body worker, discharged by Def.-Co. after brother-in-law's appearance before Un-American Activities Comm. Def.-Union processed grievance, but only through second step. UAW Intl. Bd. directed Union local to secure Pl's. reinstatement, which it did, also extracting from Pl. release of Union from liability. Issues: is release ineffectual because obtained with no consideration; did Def.-Co. and Def.-Union violate Taft-Hartley Act by preventing Pl. from filing grievance except thru grievance machinery? Defs.' motions to dismiss for lack of jurisdiction pending.

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

269.6. Re Joseph Papp. (Arbitrator Dr. Emanuel Stein.) July 1958: Pet.-TV stage manager fired by CBS after he declined to answer questions of House Un-American Activities Comm. re political beliefs, affiliations. Radio and TV Directors Guild voted to submit case to arbitration. Nov. 12, 1958: Arbitrator ordered Pet. reinstated, held firing based solely on Pet's. failure to mention in application for employment that he had worked for 2 organizations named in Comm. hearing.

Mortimer Wolf, Esq., 1501 Broadway, NYC.

270. Criminal Penalties for Non-disclosure (see also 330)
271. Congressional Committees

271.5. U. S. v. Davis. (CA 6.) 1955: Def-prof. indicted for contempt of McCarthy Senate sub-comm. for refusal to answer questions re political beliefs, affiliations and associations on First Amendment grounds. July 1957: Def. convicted after trial without jury; 6 mth. sentence. Appeal pending.

Philip Wittenberg, Esq., 17 W. 40th St., NYC.

271.6. U. S. v. Watson. (CA DC.) Def. refused to answer questions before House Un-American Activities Comm. investigating communism in Phila. schools. Issues: scope of Comm.'s authority; witness's right to refuse to answer under First Amdt. Def. tried without jury; Def. convicted; sentence suspended, $1,000 fine. Appeal pending. Leonard Boudin, Esq., 25 Broad St., NYC.; Philip Dorfman, Esq., 1604 Walnut St., Philadelphia, Pa.
271.7. U. S. v. Barenblatt. (U.S.S.C.) (252 F. 2d 129, 356 U. S. 929.) 1956: Def.-prof. convicted for declining to answer questions before House Un-American Activities Comm. Issues: scope of authority of Comm.; interference with First Amendment rights; validity of indictment; whether investigation was for legislative purpose. Jan. 1957: CA DC affirmed. June 1957: U.S.S.C. per curiam granted cert.; vacated conviction; remanded to CA DC for reconsideration in light of Watkins (354 U. S. 178), 271.14 (Clark, J. dissenting). Jan. 1958: on remand from U.S.S.C., conviction affirmed (5-4). U.S.S.C. granted certiorari. Nov. 1958: argued in U.S.S.C.

David Scribner, Esq., 342 Madison Ave., and Edward J. Ennis, Osmond K. Fraenkel, and Rowland Watts, Esqs., for Am. Civil Liberties Union, 170 Fifth Ave., all of NYC.

271.9. U. S. v. Russell. (CA DC., #13529.) 1956: Def. convicted on 3 counts for declining to answer questions re his own and others' alleged Communist activities before House Un-Am. Activities Sub-comm. Issues: validity of Def.'s reliance solely on First Amendment; failure to direct to answer. Appeal pending, awaiting U.S.S.C. decision in Barenblatt, 271.7.

Joseph A. Fanelli, Esq., 1701 K. St., NW, Washington, D.C.

271.10. U. S. v. Deutch. (CA DC.) Facts similar to Russell, 271.9. Def. convicted on 4 counts; $100 fine, suspended, and 90 days in jail. Appeal pending, awaiting decision in Barenblatt, 271.7.

Henry W. Sawyer, Esq., 117 S. 17th St., Philadelphia; Edmund D. Campbell, Esq., Southern Bldg. and George H. Goodrich, Esq., Ring Bldg., both of Washington, D.C.

271.12. U. S. v. Gojack. (CA DC.) Def.-union official appealing 1956 conviction for contempt of House Un-American Activities Comm. for refusal, under First Amendment, to answer questions re communism. Pending U.S.S.C. decision in Barenblatt, 271.7.

Frank Donner, Esq., 342 Madison Ave., NYC.

271.13. U. S. v. Metcalf. (SD Ohio.) 1956: Def.-prof. at Antioch College answered all questions about himself at hearing of House Un-American Activities Comm. but declined to answer questions as to others because he didn't want to become "an informer". Oct. 3, 1955: Fedl. Judge dismissed indictment on ground of no authority in Comm., Similar to Lamont (236 F. 2d 312), 271.1. Def. re-indicted. Pending.

Telford Taylor, Esq., 400 Madison Ave., NYC.

271.15. U. S. v. Shelton. (CA DC.) Def.-NY Times copyreader invoked First Amendment in refusing to answer questions re political affiliations before Sen. Internal Security subcomm. Jan. 1957: in contempt trial, Def. proved he had been subpoenaed under writ originally issued for a different newspaperman named Shelton, and his name had later been substituted. Convicted; 6 mths., $500 fine. Appeal pending, awaiting U.S.S.C. decision in Barenblatt, 271.7.

Joseph L. Rauh, Jr., Esq., 1631 K St., NW, Washington, D.C.

271.16. U. S. v. Whitman. (DC DC.) Def.-NY Times copy editor invoked First Amendment under circumstances similar to Shelton, 271.15. Def. admitted Communist Party membership in 1930's and early 40's, but declined to give names of others claiming violation of freedom of press in First Amdt. Pending on motion for new trial, awaiting decision in Barenblatt, 271.7.

Arnold, Fortas and Porter, Esqs., 1229 19 St., NW, Washington, D.C.

- 16 -

271.17. U. S. v. Knowles. (CA DC.) Def.-librarian of Quaker meeting declined to answer questions re political beliefs before Sen. Judiciary Comm. on grounds of lack of jurisdiction after Fund for Republic gave financial aid to library which hired Def. Jan. 1957: convicted; $500 fine, 120 days in jail. Appeal pending, awaiting U.S.S.C. decision in Barenblatt, 271.7.

Henry W. Sawyer, III, Esq., 117 So. 17th St., Philadelphia.

271.19. U. S. v. Price. (CA DC.) Facts and issues similar to Shelton, 271.15. Apr. 1957: convicted after trial; 3 mths. sentence. Appeal pending, awaiting U.S.S.C. decision in Barenblatt, 271.7.

Harry I. Rand, Esq., Wyatt Bldg., Washington, D.C.

271.20. U. S. v. Liveright. (CA DC.) Facts and issues similar to Shelton, 271.15. Mar. 1957: convicted; 3 mths. and $500 fine. Appeal pending, awaiting U.S.S.C. decision in Barenblatt, 271.7.

Harry I. Rand, Esq., Wyatt Bldg., Washington, D.C.

271.22. U. S. v. Miller. (CA DC.) Def.-playwright indicted for contempt of Congress based on refusal to answer questions of House Comm. on Un-American Activities re Communist Party affiliation of other persons. Defense based on First Amendment rights, immateriality of questions. May 1957: Def. convicted of two counts of contempt, $500, 30 days—suspended. June 1957: following U.S.S.C. decision in Watkins (354 U. S. 178), 271.14, DC reversed conviction on one count because Def. had challenged its pertinency at time of hearing; reaffirmed conviction re who attended meeting of Communist writers in 1947 because pertinency not raised at time. Aug. 8, 1958: CA DC unanimously reversed, held Comm. had not clearly warned Def. of possible penalty for refusal to answer.

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

271.23. U. S. v. Sullivan. (SD NY, #152-238.) 1957: Def.-actor asserted First Amendment as ground for refusal to answer questions re union and political associations and beliefs before House Un-American Activities Comm. Motions to dismiss contempt indictment argued. Motion for reargument based on Watkins (354 U. S. 178), 271.14, pending.

David Scribner, Esq., 342 Madison Ave., NYC.

271.24. U. S. v. Yarus aka Tyne. (SD NY, #15586.) Facts, issues and status similar to Sullivan, 271.22.

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

271.25. U. S. v. Seeger. (SD NY.) Def.- singer indicted under facts and issues similar to Sullivan, 271.22. Same status. Wolf, Popper, Ross, Wolf and Jones, Esqs., 160 Broadway, NYC.
271.27. U. S. v. Hartman. (ND Calif.) 1958: Def.-radio commentator declined to answer questions before House Un-American Activities Comm. under First, Sixth, Ninth and Tenth Amdts. April 1958: indicted on seven counts. Pending.

Bertram Edises, Esq., 1440 Broadway, Oakland, Calif.

271.28. U. S. v. Grumman. (DC DC.) 1958: Def-radio operator declined to answer questions before House Un-American Activities Committee, on First Amendment and jurisdictional grounds. Indicted on four counts. Pending.

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

271.29. U. S. v. Silber. (DC DC.) 1958: Def.-radio operator declined to answer questions before House Un-American Activities Committee on First Amendment and jurisdictional grounds. Indicted on four counts. Pending.

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

271.30. U. S. v. Feuer. (ED La., #26,322.) Def. indicted for refusal to answer questions before Senate Internal Security Subcommittee. Pending.

Philip Wittenberg, Esq., 17 W. 40th St., NYC.

272. State committees
And see cases at 223.
272.2. New Hampshire v. Uphaus. (U.S.S.C.) (130 A. 2d 278, 355 U. S. 16, 136 A. 2d 221.) 1956: Dr. Willard Uphaus refused, on First Amendment grounds, to give names of guests at World Fellowship Camp to N. H. Atty. Genl., as directed by N. H. Super. Ct. Convicted of contempt; sentenced to jail until he purged himself. Issues: Def.'s First Amendment rights; whether Nelson decision (350 U. S. 497) re supercession applies here; whether this constitutes cruel and unusual punishment under Eighth Amdt. March 1957: N. H. Sup. Ct. affirmed contempt conviction (3-2). Execution of sentence stayed pending appeal to U.S.S.C. Oct. 1957: U.S.S.C., per curiam: judgment vacated, remanded to N. H. Sup. Ct. for consideration in light of Sweezy (272.1). Nov. 1957: on remand, N. H. Sup. Ct. affirmed conviction. Nov. 17, 1958: appeal to U.S.S.C. argued.

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

272.3. New Hampshire by Wyman v. DeGregory. (U.S.S.C.) 1956: Resp. committed to jail by Super. Ct. for Merrimack Co. for refusal to answer questions re political beliefs asked by Atty. Genl. in face of state immunity statute. Jan. 1957: N. H. Sup. Ct. suspended committal order, pending disposition of Resp.'s exceptions re constitutionality of contempt statute. Dec. 1957: N. H. Sup. Ct., after re-argument based on U.S.S.C. decision in Sweezy, 272.1, over-ruled Def's. exceptions. Appeal to U.S.S.C. pending.

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.) 1957: Pls.-organizations and individuals sought injunction to restrain enforcement of recent state statutes creating legislative investigating committees on ground they provide for legislature to invade the province of the judiciary. Apr. 1957: motion to dismiss heard by 3-judge statutory ct., which refused to grant or deny motion, but
- 17 -

reserved decision until hearing on merits, awaiting final decision in N.A.A.C.P., 272.5.
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., #84.) (199 Va. 665, 101 S. E. 2d 631.) Individuals subpoenaed by Va. state legislative comm. moved in trial ct. to have subpoenas quashed. Motion denied. Jan. 1958: Va. S. Ct. of App. held Def.-Boatwright Comm. had right to subpoena Exec. Secy. of Va. State Conference of N.A.A.C.P. Branches to secure list of N.A.A.C.P. members and contributors; this did not violate rights of N.A.A.C.P. or its members to freedom of speech. Oct. 13, 1958: U.S.S.C., per curiam, granted petition for certiorari, remanded as moot because Def.-Comm. no longer in existence.

S. W. Tucker, Esq., 111 E. Atlantic St., Emporia, Va.; Roland D. Baley, Esq., 420 N. First St., Oliver W. Hill, Esq., and Martin A. Martin, Esq., both of 118 E. Leigh St., all of Richmond Va.; W. Hale Thompson, Esq., 611-25th St., Newport News, Va.

272.6. Virginia Legislative Comm. on Racial Activities v. Brown. (Arlington Cir. Ct.) Sept. 1957: Pl. Comm. sought Ct. order compelling Def.-atty. to submit his fee records to it in connection with investigation to determine whether any organizations are soliciting legal business and/or providing fees for clients. Ct. granted order. Def. supplied information. Case closed.

S. W. Tucker, Esq., 111 E. Atlantic St., Emporia, Virginia. And see cases at 204 and 213.

272.7. Scull v. Va. Comm. on Offenses against Administration of Justice. (U.S.S.C.) (357 U. S. 929.) Def.-printer refused to answer questions concerning membership in N.A.A.C.P. and other organizations when called before Def.-Comm. Convicted of contempt; 10 days and $10 fine. Va. S. Ct. of App. affirmed. U.S.S.C. granted certiorari. Nov. 18: argued.

Joseph L. Rauh, Esq., 1631 K St., NW, Washington, D.C.

272.8. Perry, et ano. v. Florida Legislative Comm. (Fla. S. Ct.) Action by Miami Chapter N.A.A.C.P. officials to quash joint legislative Comm's. subpoenas and to enjoin Comm. from subpoenaing witnesses and N.A.A.C.P. records. Issues: Whether Comm. had exceeded its authority; whether information was demanded in violation of constitutional rights of organization and individuals. Feb. 1958: Trial Ct. denied motion. Sept. 2, 1958: appeal heard and submitted to Fla. S. Ct.

Robert L. Carter, Esq., N.A.A.C.P., 20 W. 40th St., NYC.

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

274.1. Flaxer v. U. S. (U.S.S.C.) (357 U. S. 904.) Pres., United Public Workers Union, convicted of contempt under 2 USC 192 for failure to produce lists of union members employed by federal, state, county and municipal gov'ts when demanded by 1-man Senate Sub-committee on Internal Security. Issues: pertinency of lists, particularly of non-federal employees; no direction to answer by quorum of sub-comm. CA affirmed (4-3), held union membership lists pertinent to Cong. Comm. inquiry; direction to answer was given. June 1957: U.S.S.C. per curiam granted cert.; vacated conviction; remanded to CA DC for reconsideration in light of Watkins decision, 271.14 (Clark, J. dissenting.) 1958: CA DC reaffirmed conviction. U.S.S.C. granted certiorari. Nov. 18: argued in U.S.S.C.

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

274.3. U. S. v. McPhaul. (CA 6.) 1952: Def. subpoenaed as individual before House Un-American Activities Comm., asked and refused to answer questions relating to possession of documents of Civil Rights Congress, but when asked if he would produce the records, he replied he would not. Convicted of contempt, Ct. holding Gov't. did not have to establish existence of documents or their possession by Def. Appeal filed, pending U.S.S.C. decision in Barenblatt, 271.7.

Ernest Goodman, Esq., 3220 Cadillac Tower, Detroit.

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

280. Civil Penalties for Non-disclosure (see also 340)

280.1. Savelle and Nostrand v. U. of Washington, et al. (Washington S. Ct.) Aug. 29, 1955: temporary restraining order issued prohibiting Def.-University from requiring faculty loyalty oaths from Pl.-professors and others under 1955 Wash. loyalty Act, which provides immediate mandatory discharge for any Univ. employee who fails to sign notarized oath that he is not member of Communist Party or any organization on Atty. Gen'l's list. (See 221.) Dec. 1956: Trial Ct. held, orally, that sec. of Act requiring teachers to take oath of non-membership in organizations on U. S. Atty. Gen'l's list unconstitutional in that it constituted unlawful delegation of power without standards; title of Act unconstitutional because it did not designate that definitions of "subversive organizations" had been broadened. While Def's. appeal pending, Civil Liberties Union petitioned Atty. Gen'l. for ruling making Super. Ct. decision binding on state-wide basis. Issues on appeal: whether loyalty oath is unconstitutional under due process clause because no hearing provided to determine that listed organization is subversive; no requirement of "knowing membership" under Weiman v. Updegraf rule; abridges First Amendment rights; constitutes bill of attainder. June 23, 1958: heard and submitted.

Solie Ringold, Esq., 1201 Dexter Horton Bldg., Seattle. And see cases at 221.

280.3. Matter of N. Y. Md. of Education v. Allen and Adler

and

280.4. Matter of N. Y. Bd. of Higher Education v. Allen and Hughes

and

280.5. Matter of N. Y. Bd. of Education v. Allen, et al., (NY Ct. of App.) Proceedings under art. 78 by 4 teachers and college professors re right of Bd. of Educ. to dismiss employees
- 18 -

for refusal to inform on other teachers re their political beliefs. Commr. of Education held requirement that teachers inform would be detrimental to proper functioning of educational system, would destroy morale of teachers, directed that charges be dropped. 1957: Sup. Ct., Albany Co. affirmed. Apr. 1958: App. Div., 3d Dept. unanimously affirmed. N. Y. Ct. of App. agreed to hear appeal by Bd. of Educ. Oct. 16, 1958.

Charles Brind, Esq., Education Bldg., Albany, NY., for State Commr. Osmond K. Fraenkel, Esq., 120 Broadway, Victor Rabinowitz, Esq., 25 Broad St. and David Ashe, Esq., 305 Broadway, all of NYC., for individual teachers. Amicus brief by New York Civil Liberties Union, by Prof. Jack B. Weinstein, 122 E. 42nd St., NYC.

280.8. Allen v. Office Employees' Intl. Union, et al. (Washington Sup. Ct., #34595.) 1957: Def. Union called Pl.-member in and asked her if it was true that she was a communist. Pl. refused to answer. On basis of her having been named and refusing to answer question, Def.-Union expelled Pl. after notice and hearing, but gave her chance to return to Union within 6 mths. if she went to FBI and cleared herself. Union informed Pl's. employer that Pl. no longer in good standing and, under contract, Co. must release her, which they did. Pl. suing Def.-Union for damages for tort of interference with contract of employment. Super. Ct. sustained Def's. demurrer. Pending on appeal. June 3, 1958: appeal heard and submitted.

Caughlan and Opendack, Esqs., 702 Lowman Bldg., Seattle, Washington.

And see Asselin, 269.5.

And see cases 342, 343, 344.

290. Penalties for False Disclosure
291. Taft-Hartley Oath (see also 203)

291.1. Jencks v. U. S., U. S. 357.

For cases and law review discussion of Jencks' rule: see cases at 312 and 355.

291.4. Travis v. U. S. (CA 10.) Oct. 1954: Def. indicted re affidavits filed in 1952 and 1953 while secy-treas. of Mine, Mill and Smelter Workers Union, charging false statements re membership, affiliation and support of Communist Party. Dec. 1956: convicted after jury trial; 8 yrs. sentence and $8,000 fine. July 1957: CA 10 reversed conviction, ordered new trial because Def's. character witnesses were questioned about Def's. claim of privilege against self-incrimination before Sen. Comm. Feb. 1958: convicted after second trial. Sentence: 8 yrs; $4,000 fine. Nov. 1958: DC denied Def's. motion for new trial based on newly discovered evidence that Gov't. witness Fred Gardner committed perjury in trial by testifying re employment in 1920s when in fact he was then in U. S. Army (see 291.20 re his desertion therefrom.) Nov. 17: appeal heard and submitted.

Nathan Witt, Esq., Box 156, NYC. 23; Eugene Deikman, Esq., Ernest and Cranmer Bldg., Denver, Colo.

291.5. Lohman v. U. S. (CA 6.) (237 F. 2d 645, 127 F. Supp. 432, 251 F. 2d 951.) Appeal from conviction of minor trade union official for filing false Taft-Hartley oath. Jan. 1958: CA 6 reversed on basis of Jencks decision, 291.1. Convicted after second trial. Appeal pending.

David Scribner, Esq., 342 Madison Ave., Marshall Perlin, Esq., 342 Madison Ave., both of NYC.; J. Paul Prear, Esq., Dayton, Ohio.

291.6. U. S. v. Killian. (CA 7.) Minor trade union official charged with filing false affidavit re "membership" and "affiliation". Dec. 1956: Def. convicted; 5 yrs. on membership count, 3 yrs. on affiliation count, concurrent. June 15, 1957: CA affirmed conviction. Aug. 1957: on Def's. petition for rehearing, CA reversed and remanded for new trial, based on U.S.S.C. decision in Jencks (291.1). May 1958: Def. convicted on re-trial by jury. Appeal pending.

Meyer and Rothstein, Esqs., 188 W. Randolph St., Chicago; M. Michael Essin, Esq., 623 N. Second St., Milwaukee.

291.7. U. S. v. Fred and Marie Haug. (ND Ohio ED.) Jan. 1957: Defs.-former officials in United Electrical, Radio & Machine Workers indicted for falsely swearing to Taft-Hartley non-communist affidavit. Pending.

David Scribner, Esq., 342 Madison Ave., NYC.

And see West, 291.20.

291.8. U. S. v. Fisher. (U.S.S.C.) 1954: Def.-official in Woodworkers Union charged with filing false Taft-Hartley affidavits. Convicted after trial; reversed on appeal. Convicted after retrial; CA 9 affirmed. Petition for certiorari pending in U.S.S.C.

John Caughlan, Esq., 220 Second and Cherry Bldg., Seattle, Washington.

291.20. U. S. v. West, Haug, et al. (CA 6.) Jan. 1957: 8 persons indicted for having conspired to have false Taft-Hartley non-communist affidavits filed by 2 of the Defs. (already indicted individually in Haugs, 291.7.) Jan. 1958: Ct. granted Gov't's. motion to dismiss one Def. After 4 week trial, jury convicted 7; 18 mths. plus $2,500 fine. After appeal filed, Defs. filed motion for new trial in DC., alleging newly-discovered evidence that chief Gov't. witness Fred Gardner committed perjury in trial on cross-examination by denying service in U. S. Army. Justice Dep't. confirmed Gardner had deserted in 1926, asked additional time to answer motion. Pending.

David Scribner, Esq., 342 Madison Ave.; Victor Rabinowitz, Esq., 25 Broad St.; Ann Fagan Ginger, Esq., 154 Nassau St.; Frank Donner, Esq., 342 Madison Ave., all of NYC.; Fred Mandel, Esq., 240 Leader Bldg., Cleveland, Ohio.

And see Haug, 291.7, and Pezzati, 203.3.

292. Government Security Questionnaires
- 19 -

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

300. Searches and Seizures
301. Wiretapping
302. Other Federal cases

302.4. Draper v. U. S. (U.S.S.C., #136.) (147 F. Supp. 689, 248 F. 2d 295, 357 U. S. 935.) Def. convicted of narcotics possession on basis of tip by professional informer. CA 10 affirmed. Issue: since arresting officer did not see Def. commit a crime prior to arrest (narcotics found in his possession not visible), arrest had to be by warrant issued on basis of sworn statement; since no warrant or sworn statement made, arrest violated Fourth Amendment and accompanying search and seizure also violated Fourth Amendment. June 1958: petition for certiorari granted.

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

302.6. Local 107 v. McClellan, et al. (DC DC.) Sept. 26, 1957: Def.-Congressional Comm. subpoenaed Pl.-Union's records, retained and refused to return them, though needed by Pl. for Dept. of Labor reports. Jan. 23: suit for recovery of records filed. Issues: is a subpoena a warrant of seizure? Is unreasonable retention of records unreasonable seizure under Fourth Amendment? Pending.

John Rogers Carroll, Esq., 2015 Land Title Bldg., Philadelphia.

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 B. Donovan, Esq., 161 William St., NYC.

302.10. Hanna v. U. S. (CA DC.) Police, without warrant, searched Def's. Md. motel room, seized money found there. Def. convicted of larceny, Dist. of Col. Ct. admitting this evidence. Oct. 2, 1958: CA DC reversed, held police had violated Md. law in seizure, then followed rule in Fed'l. cts. excluding evidence illegally obtained.
303. Other State cases

303.5. Franklin, et al. v. Gough, et al. (Los Angeles Superior Ct.) 4 policemen entered Pl's. restaurant at noon, searched all persons found there, some Pls. made to undress and stand barefoot on wet floor; no arrests made. Original suit dismissed. Pls. filed claims against Def.-police under city ordinance. Oct. 1957: new suit filed. Issue: right of privacy v. right of police to detect crime and criminals; whether search was reasonable under Calif. Const., Art. I, Sec. 10, Sec. 836 Penal Code. Pending.

Gorenfeld, Ross and Manes, Esqs., 510 S. Spring St., Los Angeles.

Amicus appearance by American Civil Liberties Union of S. Calif., by Fred Okrand, Esq., 257 S. Spring St., Los Angeles.

303.9. Ohio ex rel. Eaton v. Price, Dayton Police Chief. (Ohio S. Ct., #35488.) (168 O.S. 123.) Relator arrested by Def.-Police Chief for refusing to grant entry to his home to City housing inspectors, in face of City ordinance giving such inspectors free access to dwellings at reasonable hours for inspection, examination and survey. Common Pleas Ct. discharged Relator from custody, held him within constitutional rights. Dist. Ct. of App. reversed. May 13: hearing on merits in Ohio Supreme Court. 1958: Ohio S. Ct. affirmed reversal of discharge of Relator.

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

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

Joseph M. Taussig, Esq., 134 S. LaSalle, St., 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 after Def.-City filed motion for new trial alleging excessive damages. Def. agreed to pay $450 from own funds.

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

303.13. Lynch v. City of New York. (Spec. Sess., App. Part.) Pl. arrested for disorderly conduct for failure to obey policeman's order to move from street corner where he was standing with several other boys. Conviction reversed on appeal in which it was argued that, in absence of showing that breach of peace threatened by failure to obey policeman's order, policeman's order constituted invasion of citizen's right to be on public street. Pl. then recovered $2,000 damages for false arrest in suit against City.

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

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

312.2. Pennsylvania v. Jakobowitz. (Ct. of Com. Pleas, Phila. Co.) August 1957: Def. filed petition for writ of certiorari to compel Magistrate Harry J. Ellick to produce transcript of trial at which Def. convicted of disorderly conduct. Def. alleges there was no sworn information, no opportunity to be heard, no transcript. Issue: is a Def. convicted of misdemeanor before magistrate, entitled as matter of right to transcript for purpose of appeal? Pending.
- 20 -

Martin Barol, Esq., 6651 Wayne Ave., Philadelphia, Pa. Amicus appearance by Greater Philadelphia Branch, ACLU, 260 S. 15th St., Philadelphia.
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 1958: CA reversed, citing U.S.S.C. decision in Jencks, 291.1. Gov't's. petition for rehearing pending.
313. Entrapment
320. Double Jeopardy
321. Federal cases
322. State cases

322.3. Bartkus v. Illinois. (U.S.S.C. ) (355 U. S. 281, 356 U. S. 969.) Def. charged with robbing U. S.-insured bank. Fedl. Dist. Ct. acquitted; Ill. ct.: convicted on same charge; life sentence. Jan. 1958: U.S.S.C. divided 4-4 (Brennan, J. not sitting), affirming conviction. U.S.S.C. granted petition for rehearing (Brennan, J. participating). Oct. 21: reargued.

Walter Fisher, Esq., Chicago.

330. Self-incrimination: Criminal Sanctions (see also 270)
331. Congressional Committees

331.7. U. S. v. William Davis. (ED Mo., E. Div.) Def.-witness before Un-American Activities Committee, appearing without counsel, refused to answer any questions except that he was American citizen, claiming privilege against self-incrimination as to questions re address, place of employment, etc. Indicted, Def. claims if Fifth Amdt. does not protect here, then inquiry is not pertinent to Comm's. purpose. Pending.

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

331.8. U. S. v. Simpson. (ED Mo., E. Div.) Facts and issues similar to Davis, 331.7. Indictment dismissed on Def's. motion.

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

331.9. Brewster v. U. S. (U.S.S.C.) (255 F. 2d 899.) Jan. 1957: Def.-Teamsters Union official refused to testify before Sen. Comm. on Government Operations on ground Comm. had no authority to investigate labor racketeering. DC DC convicted; 1 yr., $1,000. Apr. 1958: CA DC reversed (2-1), held Comm's. charter could not be enlarged to permit investigation of reports filed by unions with Gov't., footnoted fact that Senate had shown concern re Comm's. charter by establishing McClellan Comm. to cover this field. July 1958: U. S. filed petition for certiorari in U.S.S.C.; Def. filed brief in opposition. Pending.

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

332. State Committees
333. Grand juries and tribunals
334. Grants of immunity: federal
335. Grants of immunity: state

335.1. Morgan v. Ohio. (U.S.S.C., #62 Misc.) 133 N. E. 2d 104, 354 U. S. 929, 147 N. E. 2d 847.) 1952: Def.-witness before Ohio Un-American Activities Comm. claimed Fifth Amendment privilege in refusing to answer questions re political beliefs and affiliations. Convicted of contempt of legislature; $500 fine. 1956: Ohio S. Ct. affirmed (4-3), holding Def. properly claimed privilege despite reference to Fifth Amdt. instead of comparable state provision, but privilege had been erased by state immunity statute, and therefore no direction to answer was necessary. Issues: did Nelson decision (350 U. S. 497) re supercession limit power of states to investigate area of "subversion"; since state could not offer protection against fedl. prosecution, was immunity broad enough to erase privilege; did Def. "willfully" refuse to answer when Comm. Chairman had informed Def. she could claim privilege and did not give direction to answer. 1957: U.S.S.C. vacated conviction, remanded to Ohio S. Ct. for reconsideration in light of U.S.S.C. decisions in Watkins, 354 U. S. 178, Sweezy, 354 U. S. 234. Mar. 1958: Ohio S. Ct. affirmed (4-1), without opinion. Oct. 1958: U.S.S.C. granted leave to file in forma pauperis, noted probable jurisdiction.

Ann Fagan Ginger, Esq., 170 New York Ave., Brooklyn; Thelma Furry, Esq., 2d Natl. Bldg., Akron, Ohio.

335.2. Ohio v. Jackson, et ano. (Ohio Ct. of App.) Facts and issues similar to Morgan (335.1). Appeal pending.

Thelma Furry, Esq., 2d Natl. Bldg., Akron, Ohio.

335.3. Ohio v. Hupman, et al. (Ohio Ct. of App.) Facts, issues and status similar to Jackson (335.2).

J. Paul Prear, Esq., Dayton, Ohio.

335.4. Raley, et al. v. Ohio. (U.S.S.C., #175.) 133 N. E. 2d 104, 354 U. S. 929, 147 N. E. 2d 847.) Facts, issues and status similar to Morgan (335.1), except that conviction based on different statute providing that contempt of Ohio Un-American Activities Comm. to be treated under contempt of court statute.

Milton H. Schmidt, Esq., Atlas Bank Bldg., Morse Johnson, Esq., 921-23 Dixie Terminal Bldg., both of Cincinnati, Ohio.

335.5. Ohio v. Slagle, et al. (Ohio S. Ct.) Facts and issues similar to Raley (335.4). Appeal pending.

J. L. Hilton, Esq., Canton, Ohio.

335.6. Ohio v. Arnold, et al. (Ohio S. Ct.) Facts and issues similar to Raley (335.4), except that Ct. denied jury trial because proceeding like contempt of Ct. Appeal pending.

Thelma Furry, Esq., 2d Natl. Bldg., Akron, Ohio.

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

- 21 -

336. Miscellaneous

336.2. Reyes v. U. S. (CA 9.) Def. charged with violation of Narcotics Registration Act: any person presently a narcotics addict, or previously convicted of narcotics violation (with imprisonment for more than 1 yr.) must register on special form every time he leaves or enters U. S. 1934: Def. sent to County Jail for 60 days for narcotics possession. 1957: Def. questioned by Customs Office on return to U. S. after 2-hr. trip to Mexico; arrested after admitting conviction for failure to register; convicted; fined $100, suspended sentence. Issue: 1) statute, by its terms, inapplicable to Def.; 2) statute violates due process because vague and uncertain, is ex post facto, violates privilege against self-incrimination, violates right to freely travel. Appeal argued June 1958. Gostin, Katz and Porter, Esqs., 339 W. Broadway, San Diego, California.
336.3. Perez v. U. S. (CA 9.) Def. charged under Narcotics Registration Act with not registering as narcotics addict. Trial ct. convicted; 2 yrs. sentence with recommendation for commitment to public health service hospital for treatment of narcotics addiction. Issues: similar to Reyes, 336.2. Appeal argued June 1958.

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

336.4. Kelly v. Municipal Ct. of City and Co. of San Francisco. (Calif. Sup. Ct.) Pl. charged with violation of Calif. Penal Code, Sec. 288(a) for oral sex perversion. At conclusion of probationary period, Ct. granted Pl's. motion for expungement of record. Pl. filed writ of prohibition to prevent Muni. Ct. from compelling Pl. to register as sex offender under Sec. 290 of Code on theory expungement of record excuses registration requirement. Issue: constitutionality of registration statute. Dist. Ct. of App. held for Pl., ruled once record expunged, Pl. need not register. Calif. Sup. Ct. refused to hear Atty. Gen'l's. appeal. Case closed.

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

340. Self-incrimination: Civil Sanctions (see also 280)
341. Army discharges (see also 253)
342. Employment—Public teachers (see also 262, 267)

342.2b. Austin v. N. Y. Bd. of Higher Education. (N. Y. Ct. of App.) Suit for damages, brought by Pl.-teacher dismissed by Def.-Bd. for claim of constitutional privilege against self-incrimination. [See Slochower, 350 U. S. 551.] Sup. Ct. dismissed suit. May 1958: App. Div. reversed (4-1). Jan. 1959: appeal to be heard.

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

342.4. San Francisco Bd. of Educ. v. Mass. (Cal. Super. Ct.) Pl.-teacher dismissed under Calif. Dilworth Act for invoking Fifth Amendment re questions by House Un-American Activities Comm. Pl. also refused to answer questions asked by school Bd. though he had given Bd. affidavit several years before in which he had admitted 1947-49 Communist Party membership. Trial Ct. ruled for Def.; Ct. of App., 1st Dist., affirmed. Dec. 1956: Sup. Ct. reversed judgment of discharge (4-3), held Dilworth Act, requiring teachers to answer questions of Fedl. committees and other legislative bodies, constitutional even in light of U.S.S.C. Slochower decision, but upheld Pl.-teacher's contention he was deprived of procedual due process required by Slochower in that trial ct. did not consider his reasons and justification for refusing to answer questions under privilege against self-incrimination. Carter, J., concurred but would have held Act unconstitutional as violation of free speech and due process. May 1957: Trial Ct. refused to order Def.-Bd. to reconsider its dismissal of Pl., but suggested Pl. request Bd. to do so. Bd. refused. Date of retrial to be set.

Albert M. Bendich, Esq., for A.C.L.U. of N. Calif., 503 Market St., San Francisco.

342.10. Dixie School District v. Hanchett. (Marin Co. Super. Ct., Calif., #29082.) Oct. 1957: Def.-school teacher fired for refusing to answer some questions before House Un-American Activities Comm., tho testifying he had not been Communist Party member since 1951. On receipt of petition supporting Def's. retention, Pl.-Bd. returned Def. to his job pending decision by Super. Ct. on sufficiency of Def's. explanation for his refusal to answer, under Calif. Dilworth Act. March 1958: demurrer over-ruled. Pending.

Laurence Speiser, Esq., Suite 622, De Young Bldg., 690 Market St., San Francisco.

343. Employment—Other public officers (see also 261)

343.3. Globe and Nelson v. Los Angeles County. (Calif. S. Ct.) Action challenging 1956 dismissal of two social workers employed by Los Angeles for claiming Fifth Amendment privilege at hearing before House Un-American Activities Comm. For first time in action challenging dismissal from Gov't. employment, Super. Judge issued show cause order, held for Globe, required administrative hearing; held against Nelson. 1958: Calif. Dist. Ct. of App. reversed in Globe; affirmed in Nelson. Appeal pending in Calif. S. Ct. Issues: constitutionality of Def's. regulation requiring dismissal for exercise of constitutional right; whether hearing satisfied due process requirements.

William T. Pillsbury, Esq., 515 Times Bldg., 215 American Ave., Long Beach, Calif., and A. L. Wirin, Esq., 257 So. Spring St., Los Angeles.

343.4. Callender v. San Diego County. (Calif. S. Ct.) 1954: Pl.-park warden dismissed for refusal to answer questions before House Un-American Activities Comm. on basis of Fifth Amendment privilege. In appeal to Co.
- 22 -

Civil Service Comm., Pl. offered to answer all questions re political affiliations; Comm. refused to ask such questions, based dismissal solely on refusal to answer to Cong. Comm. Trial ct. held against Pl. in suit for reinstatement; 4th Dist. Ct. of App. affirmed. Oct. 1958: Calif. S. Ct. denied petition for hearing.

A. L. Wirin and Fred Okrand, Esqs., 257 S. Spring St., Los Angeles; Byron F. Lindsley, Esq., San Diego, California.

344. Employment—Private (see also 268, 269)

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

Margolis, McTernan and Branton, Esqs., 112 W. 9th St., Los Angeles.

344.5. Gottlieb v. Universal Pictures Co., Inc. (Los Angeles Mun. Ct.) Action for breach of contract. 1956: Pl.-musician invoked Fifth Amendment privilege during testimony before Congressional Comm. and was discharged, employer claiming discharge warranted under clause authorizing discharge for "good and sufficient cause". Oct. 1958: Super. Ct. held Pl. stated a cause of action. Trial to be had.

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

Amicus brief of S. Calif. A.C.L.U. filed by Robert L. Brock, Esq., 1741 N. Ivar St., Hollywood, Calif.

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

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

344.7. Nelson v. General Electric. (Municipal Ct. of Appeals for Dist. of Col.) Pl.-employee discharged by Def. following claim of privilege against self-incrimination before Sen. Internal Security Comm. Pl. suing for damages and injunction, claiming discharge violates Union-Company contract. 1958: Muni. Ct.: judgment for Def. Nov. 1958: Muni. Ct. of App. reversed, remanded for trial.

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

344.8. Waterman v. S. Calif. Gas Co. (Los Angeles Super. Ct.) Pl.-employee dismissed by Def.-employer for refusal to answer questions re alleged membership of other persons in Communist Party before Calif. Burns Comm. Pl. answered all questions as to himself. Suit for reinstatement pending.

A. L. Wirin and Fred Okrand. Esqs., 257 S. Spring St., and Allan Carson, Esq., 354 S. Spring St., all of Los Angeles.

344.9. Sief, et al. v. Bethlehem Steel Co. and United Steelworkers Union. (Balt. City Super. Ct.) Aug. 1958: action filed by five former employees against Def.-Co. and Unions, charging violation of contract resulting from their discharge after they had refused to testify before House Un-American Activities Comm. on grounds of Fifth Amendment privilege. Pls. seek damages and order requiring arbitration of their grievances.
345. Attorneys (see also 265, 373)
346. Unemployment insurance (see also 263)

346.1. Kilpatrick v. Bureau of Unemployment Compensation. (Ohio Ct. of App.) Application for review of decision denying unemployment compensation to employee who had been discharged because in testimony before Ohio Un-American Activities Comm. he had invoked Fifth Amendment. Aug. 1957: Common Pleas Ct. vacated ruling by Bureau, held Pl's. refusal to answer questions not related to his work so Pl. entitled to compensation. State's appeal pending.

Philip Bartell, Esq., Engineers Bldg., Cleveland, Ohio.

346.2. Ostrofsky, et al. v. Maryland Employment Security Bd. and Bethlehem Steel Co. (Baltimore City Super. Ct.) Pls.-employees of Beth. Steel, invoked Fifth Amendment privilege against self-incrimination before Un-American Activities Comm.: Def.-Co. discharged them as security risks and for engaging in conduct detrimental to business interests of Co. Claim for unemployment compensation denied; Def.-Bd. affirmed. Appeal pending.

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

346.3. Fino v. Sun Ray Drug Co. and Md. Employment Security Bd. (Md. Ct. of App., #88.) Pl. discharged by Def.-Co. following claim of privilege against self-incrimination in refusing to answer questions re alleged Communist Party membership at Un-American Activities Comm. hearings. Def.-Emp. Security Bd. denied unemployment compensation on ground Pl. discharged for deliberate and wilful "misconduct connected with work" under Md. Unempl. Comp. Law, Art. 95A, Sec. 5B. Issues: 1) whether such refusal constituted such "misconduct" or involved Bd's. adding category to those listed in Act; 2) whether disqualification for exercise of constitutional privilege under Fifth Amendment deprived Pl. of due process under Fourteenth Amendment. Balt. Super. Ct. held against Pl. Nov. 1958: appeal argued.

Harold Buchman, Esq., 205 Tower Bldg., Baltimore.

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 Amendment in declining to answer questions re political beliefs and associations. Apr. 1958: 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., Department of Justice, Harrisburg, Pa.

Amicus curiae brief by A.C.L.U. of Pa., by Marjorie Hanson Matson, Esq., 1708 Law & Finance Bldg., Richard M. Moss, Esq., and Sylvan Libson, Esq., 500 Jones Law Bldg., all of Pittsburgh.

- 23 -

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

353.3. Reck v. Ragen. (ND Ill. E. Div., #57 C 2027.) (392 Ill. 311, 64 NE 2d 526; cert. den. 331 U. S. 855, 7 Ill. 2d 261, 130 NE 2d 200; cert. den. 350 U. S. 942.) 1936: Def.-Reck and 3 others arrested for murder; Reck, then 19 yrs. old, held in custody one week without opportunity to see counsel or family (during which time taken to hospital twice when he fainted and passed blood from his mouth); he signed confession during week. At arraignment, immediately entered not guilty plea; at trial, unsuccessful in having confessions kept from jury. Found guilty, 199 yr. term. 1945: Ill. S. Ct. affirmed conviction in writ of error proceeding, U.S.S.C. denied cert.; 1948: DC denied petition for habeas corpus writ on ground of failure to exhaust state remedies. 1952: state trial ct. denied petition under Ill. Post-Conviction Hearing Act; Ill. S. Ct. affirmed; U.S.S.C. denied cert., without prejudice to application for habeas corpus writ in DC. Dec. 1957: petition for habeas corpus filed in DC. Issue: whether confession taken from prisoner during illegal period of detention under circumstances given, plus Def's. low intelligence, denied him due process. Pending.

Counsel secured by Ill. Div., Am. Civil Liberties Union: Bernard Weissbourd and Richard Siegal, Esqs., 135 S. LaSalle St., and Daniel P. Moore, Esq., all of Chicago.

354. Unfair press releases
355. Perjured testimony (see also 312)

355.4. Sobell v. U. S. (142 F. Supp. 515, 355 U. S. 873, 920.) Dist. Ct. denied Def.'s motion under 28 U.S.C. 2255 to vacate sentence and conviction for conspiracy to commit espionage on grounds: (1) Gov't knowingly used perjured testimony; (2) Gov't suppressed evidence which would have helped Def. and impeached Gov't case; (3) Gov't during hearing on motion in arrest of judgment made false representations to Ct. Gov't during trial used document and witness to prove Def. had been legally deported by Mexican Gov't whereas Def. contends he was in fact kidnapped by U. S. Gov't's agents without knowledge or consent of Mexican Gov't, which allegedly later protested this action. Other issues: whether removal of Def. violated extradition treaty between U. S. and Mexico and therefore deprived U. S. of power to try Def. CA 2 affirmed; 1957: U.S.S.C. denied certiorari.

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

356. Courts martial

356.1. Guagliardo v. McElroy, Secy. of Defense, et al. (CA DC.) Def.-civilian employee of U. S. Armed Forces abroad tried by court martial in Morocco, convicted of grand larceny; 3 yrs., $1,000 fine. Jan. 1958: DC upheld conviction. Sept. 12, 1958: CA reversed (3-1), held Congress had attempted to apply Uniform Code of Military Justice to employees and wives overseas in single subsection of Code. [U.S.S.C., in Covert, 354 U. S. 1, held section inapplicable in part.] CA DC held Congress must clearly state its intention.

Michael A. Schuchat, Esq., Tower Bldg., Washington, D.C.

356.2. Lee v. Madigan. (U.S.S.C.) (248 F. 2d 783, 356 U. S. 911.) 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.

356.3. U. S. v. Dial. (U. S. Ct. of Military App.) July 1957: Def.-wife of U. S. Army Specialist (and husband) stationed in Germany tried and convicted by court-martial in Germany of involuntary manslaughter in death of son. Sentence: 3 yrs. in prison. Aug. 26, 1958: on appeal by wife, Ct. of Military App. held court-martial had power to try Def.; affirmed Bd. of Review decision approving verdict.
357. Naturalization proceedings (see also 259)
358. Expatriation, Denaturalization and Deportation proceedings (see also 258 259)

358.12. U. S. v. Fisher. (CA 7, #12,146.) Appeal from judgment of denaturalization, based on finding after jury trial that Def. had obtained naturalization by illegal procurement, fraud, had concealed and misrepresented membership in Communist Party prior thereto. July 25, 1958: CA 7 reversed and remanded with directions to dismiss complaint under Matles v. U. S., 356 U. S. 256: affidavit of good cause must be filed with complaint when proceedings are instituted.

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

358.13. Title v. U. S. (CA 9, #16074.) 1955: DC revoked App't's certificate of naturalization after trial. No affidavit showing good cause ever filed, tho point raised by motion
- 24 -

to dismiss, citing CA 9 decision in Zucca, 125 Fed. 2d 551 1958: after U.S.S.C. affirmance in Zucca, 351 U. S. 91 that affidavit is procedural prerequisite, App't, long after appeal time expired, moved to vacate judgment and dismiss complant. DC denied motion. Appeal pending.

Daniel G. Marshall and Seymour Mandel, Esqs., 4041 Marlton Ave., Los Angeles.

358.14. Gonzalez-Jasso v. Rogers. (CA DC, #14,626.) Pl. native-born U. S. citizen ordered deported as illegal entrant on finding he had expatriated himself by voting in Mexican political election. Finding based solely on uncorroborated admissions of voting made to Bds. of Special Inquiry, later repudiated as untrue by Pl. Pl. sued in DC DC for declaratory judgment of citizenship and to enjoin deportation. After de novo trial, DC held for Def. Issue: whether criminal law rule that conviction may not rest on uncorroborated extra-judicial admissions applies in expatriation case in view of extraordinary degree of proof required for expatriation. Appeal pending.

Joseph Forer, Esq., 711 14th St., NW, Washington, D.C.

358.51. Heikkila v. Barber, Dist. Dir. (CA 9.) Pet., born of U. S. citizen-parents in Finland, entered U. S. at age 6 mths. for permanent residence, arrested for deportation in 1947 for membership in Communist Party 1928-1939. After repeated legal proceedings, Pet. moved for dismissal of deportation order in light of U.S.S.C. decision in Rowoldt, 355 U. S. 115. Mar. 1958: DC sustained deportation, held Galvan, not Rowoldt, applied. May 2 set for argument over wording of order. Apr. 18, 5 p.m.: Pet. taken into custody, prevented from notifying counsel or wife, deported by plane at 11 p.m. Held 48 hrs. in secret jail in Vancouver before flight to Finland. Apr. 25: Pet. returned to U. S. by U. S. officials on Finnish passport. May: DC denied motion to hold Dist. Dir. in contempt, held deportation lawful tho morally reprehensible, held Rowoldt inapplicable and Pet. still deportable under outstanding deportation order. Both decisions pending on appeal. Gov't's motion to dismiss appeals denied.

Gov't meanwhile opened exclusion proceeding against Pet., on theory he is on parole instituted on his return to U. S. from Finland. DC denied injunction to halt exclusion hearing, which is now proceeding.

Rubin Tepper and Lloyd McMurray, Esqs., 785 Market St., San Francisco.

359. Loyalty hearings (see also 251 and 268)
360. Speedy and Public Trial
370. Counsel
371. Federal cases
372. State cases

372.1. Henderson v. Michigan. (U.S.S.C.) (351 U. S. 967, 256 F. 2d 363.) 1942: Pet.-Negro after brief absence from state learned warrant had been issued for his arrest, immediately went to State Police and identified self. Between 7:30 p.m. and 11:00 p.m. that night the following proceedings took place: Pet. registered, fingerprinted, photographed; questioned by Police Chief and Asst. DA.; signed confession of rape of white woman; arraigned before Justice of Peace, waiving examination, held in default of $100,000 bail; Justice of Peace filed return to Circuit Ct.; information lodged against Pet.; trial took place before Cir. Judge without Pet. being advised of right to counsel; State presented no witnesses; Pet. admitted crime; convicted; sentenced to life imprisonment; taken to State Prison.

1947: Pet., without counsel, filed Application for Leave to File Delayed Motion for New Trial and Set Aside Sentence, alleging his innocence, that confession was coerced by Police statements that mob was forming and Pet. would be victim of mob violence. Motion denied. 1952: similar petition denied by Trial Judge. After cert. applied for in U.S.S.C., Mich. S. Ct. remanded case to Trial Judge for taking further testimony, who again denied motion for new trial. Mich. S. Ct. affirmed, though "not in sympathy with course followed in the trial court." Petition for cert. denied. DC denied petition for habeas corpus. June 1958: CA 6 (2-1) affirmed. Petition for certiorari pending in U.S.S.C.

Ernest Goodman, Esq., 3220 Cadillac Tower, Detroit.

373. Indirect restrictions (see also 265, 345)

373.1. Re Gladstein. (DC Hawaii.) 1952: During trial in Fujimoto, 251 F. 2d 342 (241.4), Honolulu Dist. Ct. issued order to show cause why Gladstein should not be disbarred for actions in Dennis (341 U. S. 494, and see contempt citations against attys.) Attorney filed affidavit of bias and prejudice against Fedl. Judge who issued order; which he denied. CA 9 held: Fedl. judge prejudiced and matter to be heard by another Fedl. judge. 1956: Judge McLaughlin disqualified himself; pending before Judge Wiig.

George R. Andersen, Esq., 240 Montgomery St., San Francisco; Bouslog and Symonds, Esqs., 63 Merchant St., Honolulu, T. H.

373.2. Re Bouslog. (U.S.S.C., #362.) 1955: Bar Assn. of Hawaii instituted complaint against attorney charging that in 1952 and 1953, while counsel in Fujimoto, 251 F. 2d 342 (241.4), she made a speech imputing to Trial Judge unfairness in conduct of Fujimoto, impugning integrity of Ct., and, after verdict, interviewed juror who was ill and filed affidavit without fully disclosing juror's condition. Issues: whether proper forum for disciplinary proceedings is court where alleged misconduct occurred; Bar Assn. had no power under Rules to make complaint when acts occurred; laches; speech protected by First Amendment, contained no unjust criticism, contained nothing not said in Court, no prohibition against interviewing juror after verdict. Motion to dismiss disciplinary proceedings overruled, 2-1. April 1956: 3-judge Ct. unanimously ordered Resp. suspended from practice in all cts. in Hawaii for 1 yr. (then would be necessary to pass new
- 25 -

bar exam. and obtain approval by Character Comm.). CA 9 granted motion to stay suspension of license pending appeal (2-1). June 1958: CA 9 affirmed (4-3). Nov. 17, 1958: U.S.S.C. granted petition for certiorari.

John McTernan, Esq., 112 W. 9th, and A. L. Wirin, Esq., 257 S. Spring St., both of Los Angeles; Myer C. Symonds, Esq., 63 Merchant St., Honolulu, T. H.

373.3. Re Bouslog. (DC Hawaii, Misc. #649.) For facts, see 373.2. April 1956: 2 Fedl. judges signed order suspending Resp. from practice before DC Hawaii, under Rules of Civil Procedure of Ct., 1(d). Motion to vacate order of suspension and hold matter in abeyance based on stay order of CA 9 in 373.2 and reinstatement as practitioner by Hawaii Sup. Ct. pending.
373.6. Matter of Isserman. (CA 2.) (9 N. J. 269, 293, 348 U. S. 1.) Attorney disbarred in New Jersey state courts, based upon alleged misconduct as defense atty. in Dennis. 341 U. S. 494, although U.S.S.C. held N. J. disbarment insufficiently grounded to warrant disbarment from U.S.S.C. SD NY held hearing on merits prior to N. J. ruling, held conduct on which N. J. ruling based did not warrant disbarment in SD NY. Jan. 28, 1958: after hearing, attorney disbarred from SD NY in action brought by Assn. of Bar of City of New York. Appeal pending. Basil R. Pollitt, Esq., 52 Sidney Place, Brooklyn; John McTernan, Esq., 112 W. 9th, Los Angeles.
374. Opportunity for appellate review

374.1. Eskridge v. Washington State Board of Prison Terms and Paroles. (DC Wash.) (357 U. S. 214.) 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 1958: 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. reversed, 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
390. Jury Trials (see also 510)

390.3. Canon City v. Merris. (Colo. Sup. Ct., #17964.) March 1958: Colo. Sup. Ct. held that any person charged with offense designated "misdemeanor" by state statutes cannot be tried by City under its ordinances, but must, at Def's. election, be given trial by jury with right to be considered for probation, right to preponderance of evidence rule to prove guilt. Sup. Ct. set Apr. 1 deadline for Muni. Ct. to comply with ruling. Pl.-City's petition for rehearing denied.

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

400. Excessive Bail; Parole Conditions
401. Amount of bail
402. Conditions imposed
410. Cruel and Unusual Punishment
411. Criminal cases

411.3. Thompson v. U. S. (CA 2.) Def., convicted of violating Smith Act in 1949 (Dennis et al. v. U. S.), did not surrender for 3-yr. sentence. 1953: arrested; convicted for contempt for failure to surrender; sentence 4 yrs. 1957: after serving 17 mths. of contempt sentence, DC released Def. on $25,000 bond, after U.S.S.C. granted certiorari in Green and Winston, 411.2. After U.S.S.C. decision therein (356 U. S. 165), DC denied Def's. motion under 28 U.S.C. 2255. Nov. 1958: appeal argued in CA 2.

Mary Kaufman, Esq., 185 Hall St., Brooklyn.

411.6. Alabama v. Wilson. (Ala. Sup. Ct.) Def.-Negro convicted of robbery of $1.95, after trial in which he was represented by assigned counsel. Under Ala. law, Def. sentenced to death. Ala. Sup. Ct. affirmed. Sept. 1958: Gov. of Ala. commuted sentence to life imprisonment.

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

And see Uphaus, 272.2.

412. Extradition

412.3. New York ex rel. Reid v. Ruthazer, Warden. (NY Ct. of App.) (157 N.Y. Supp. 2d 342.) 1950: Reid, without counsel, allegedly pleaded guilty to assault with intent to commit murder; sentence: 15 yrs. on Fla. chain gang. Reid escaped to NY, where he was arrested. Hearing on petition for writ of habeas corpus in Sup. Ct., NY County before Judge Dineen. Testimony taken from Def. re his treatment in Florida. Petition denied. Feb. 1955: Gov. Harriman signed rendition papers, without hearing on issue of cruel and unusual punishment on Fla. chain gang. Resp. filed depositions showing extradition warrant invalid because based on conviction void through denial of counsel. N.Y. Sup. Ct. set aside Pet.'s Fla. conviction and 15-yr. sentence because Fla. cts. had failed to inform him of his right to counsel. June 1959: App. Div., 1st Dept. reversed Sup. Ct. decision sustaining habeas corpus writ, ordered Reid remanded for surrender to Florida authorities, but continued bail pending appeal.

Lewis Flagg, Esq., 1 Kingston Ave., Brooklyn, for NAACP; Milton Friedman, Esq., 342 Madison Ave., NYC.

412.5. Re Frank Peterson. (Gov. Harriman, NY.) Oct. 1958: extradition proceeding brought against Negro charged in Florida with murder and rape. Extradition contested on ground fair trial would be impossible in Florida. Nov. 14:
- 26 -

Gov. Harriman ordered extradition after receipt of telegram from Florida Gov. assuring safe conduct and fair trial.

William Sims, Esq., 486 William St., Buffalo.

413. Civil cases
490. Miscellaneous Due Process

490.4. Pauling v. McElroy, Secy. of Defense. (CA DC.) 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 bombs producing radioactive fall-out and for declaratory judgment on constitutionality of delegation of authority to Defs. to detonate such weapons. (Similar suit forwarded to Moscow for filing in U.S.S.R. Sup. Ct.) DC sustained Gov't's. motion to dismiss. Appeal pending.

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.) (252 F. 2d 490, 357 U. S. 906.) 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. Oct. 1958: petition for rehearing denied.

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.

490.8. Re Szymczak and Dewyea. (U.A.W. Public Review Bd.) Bd., established by U.A.W. to review union disciplinary actions against members, directed reinstatement of two members suspended for bringing libel suit against Pres. of local. Bd. held union constitution, providing members had to exhaust rights of appeal within union before going to civil court, did not apply to cases of ordinary civil wrongs; furthermore union constitution was ambiguous.
490.9. Michigan v. Hildabridle, et al. (Mich. Sup. Ct.) June 1956: Defs.-nudists arrested by police, without warrants, at their camp, charged with knowingly making open or indecent exposure of their persons in front of others. Convicted. 1958: Mich. Sup. Ct. reversed, criticized violation of due process in arrests, held where "exposure is neither meant nor taken as indecent, there cannot be a violation of the statute."
490.10. Arkansas v. Satterfield. (Forrest City Ct.) 1957: Def.-owner of Widwood Lodge, nudist camp arrested, charged with indecent exposure and exhibiting obscene literature. Ark. statute makes advocacy and/or practice of nudism punishable by fine and/or imprisonment. At trial, police testified saw no "indecency". Convicted of possessing obscene literature; $100 fine. Indecent exposure charge withdrawn.

And see cases at 12, 52.

490.11. Ramos and Figueroa v. City of Los Angeles. (Calif. Sup. Ct.) Pls.-parents brought suit testing constitutionality of curfew ordinance requiring parents to be responsible for minor children on the street after 10 p.m. Issues: broad and vague ordinance, tendency to encourage enforcement against minority groups. July 1958: Super. Ct. upheld constitutionality. Nov.: Calif. Sup. Ct. refused to hear appeal.

A. L. Wirin, Esq., 257 S. Spring St., and Grover Johnson, Esq., both of Los Angeles.

- 27 -

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

500. Elections
501. Racial discrimination

501.2. Ivy v. Cole, Registrar. (Halifax Co., N.C.) (ED N.C., Wilson Div., #610-Civ.) Pl.-Negro minister filed $5,000 damage suit when Def. refused to permit Pl. to vote after asking him questions: Name of act passed to enforce 18th Amdt.; what year passed; date Congress convenes; date Pres. inaugurated for 1st term, 2d term, 3d term? N.C. statute requires prospective voter to be able to read and write any section of U.S. Constitution. Issue: arbitrary nature of questions. Def.'s motion to strike denied; case pending.

Taylor and Mitchell, Esqs., 125 E. Hargett St., Raleigh; Hon. James R. Walker, Jr., Weldon, N.C.

501.3. Lassiter, et al. v. Humphrey. (Northampton Co., N.C.) (ED N.C., #1019.) Negro-Pls. denied registration for voting for mispronouncing some words in the U.S. Constitution and inability to define others. Pls. seek permanent injunction against such "literacy" test being used as condition for registration. After suit filed, old N.C. statute repealed; new act, without grandfather clause or requirement that literacy be shown "to the satisfaction of the Registrar" enacted. Ct. stayed proceedings pending exhaustion of state administrative and judicial remedies, postponed decision on whether new voting requirements violated U.S. Constitution because enacted pursuant to provisions of State Constitution which themselves violated 14th, 15th Amendments.

Taylor and Mitchell, Esqs., 125 E. Hargett St., Raleigh, N. C. and James R. Walker, Jr., Esq., Weldon, N. C. And see 501.3a.

501.3a. Lassiter v. Bd. of Elections. (Northampton Ct., N.C.) (N.C. Sup. Ct.) (102 S. E. 2d 853.) 1958: N.C. Sup. Ct. upheld constitutionality of literacy test as prerequisite to voting on basis of 1945 amendment to state constitution which reiterated qualifications of voter. Ct. held no conflict with 14th, 15th, or 17th Amendments because no discrimination because of race, creed, or color—literacy requirements applied to all who registered.
501.4. Reddix v. Lucky, Registrar. (Ouchita Parish, La.) (CA 5, #16688.) Pl.-Negro's registration challenged under La. statute requiring cancellation of registration upon failure of challenged person to appear within given time. Pl. did not appear, altho qualified; nor did he reapply for registration. Action for declaratory judgment dismissed for failure to state cause of action and exhaust administrative remedies, but deferred for 60 days to give Pl. opportunity to re-register. Feb. 1958: CA 5 reversed, held cause of action stated by complaint alleging that within 30 days of election, registration of 3,000 Negro voters challenged and 2,500 Negro voters struck from rolls in violation of statutory procedures, but not proper case for class action because of variations in each voter's conduct. (Dissent on ground of lack of jurisdiction of fed'l. ct.)
501.5. Sharp v. Lucky, Registrar. (Ouchita Parish, La.) (CA 5, #16687.) Pl.-Negro lawyer sued for damages based on refusal of Def.-Registrar to show him the registration card of his client. Cards of Negro voters kept in another room. Fed'l. Ct. dismissed complaint because it involved infringement of Pl.'s right to practice law, a state-controlled privilege. Ct. found also no basis for enjoining Registrar from referring Negro voters to room where their cards were kept, asserting that law does not prevent segregation of inanimate objects. Feb. 1958: CA 5 held suit proper, not because of interference with Pl.'s rights as lawyer, "but as a Negro citizen he may properly sue on behalf of all other Negro citizens, since they all have an identity of interest in having access to the public offices * * * on a non-segregated basis." (Dissent.)
501.6. Alabama v. Tuskegee Civic Ass'n. (Macon Co., Alabama) (Macon Co. Cir. Ct.) June 1957: Ala. legislature reduced Tuskegee city limits so as to remove 410 of 420 Negro voters from city rolls. Aug. 15, 1957: Ala. Atty. Genl. obtained temporary restraining order against Def.-Ass'n "from using any force, threats, * * * to prevent any person from trading with, buying goods and services" from local white merchants. June 21, 1958: Cir. Ct. dissolved injunction, held Atty. Genl. had not proved Def. responsible for boycott resulting in failure of 24 white-operated businesses in 12-mth. period.

Fred D. Gray, Esq., 113 Monroe St., Montgomery, Alabama. And see cases at 204., 244.4.

501.6a. Gomillion, et al. v. Mayor Lightfoot, et al. (MD Ala.) Aug. 4, 1958: suit filed by Tuskegee Negroes asking permanent injunction restraining Defs. from enforcing 1958 act of Alabama legislature gerrymandering Negro voters out of City of Tuskegee because it denies rights, privileges and immunities. Pending.

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

501.7. Darby v. Daniel. (Jefferson Davis Co., Miss.) (SD Miss., Jackson Div., #2748.) Mar. 1958: class action brought by Pl.-Negro against Cir. Clerk of Jefferson Davis Co. and Miss. Atty. Genl. for declaratory judgment and injunctive relief. Issues: constitutionality of certain Mississippi statutes and constitutional provisions re voting registration and acceptance of aid in bringing suits to challenge state statutes. July, 1958: in trial before 3-judge Ct., Pl. charged Def. purged him from voting rolls and barred re-registration because of his race, that Pl. obtained legal assistance from N.A.A.C.P. Legal Defense and Educational Fund to test statute. Mrs. Dillon filed petition to join as Pl. She was never registered as voter, comes under new Act requiring new registrants to be able to read, write and interpret section of state constitution, and give reasonable interpretation of duties of citizenship under republican form of government. Pending.

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

501.8. U. S. v. Raines, et al. (Terrell Co., Ga.) (MD Ga.) Sept. 4, 1958: Justice Dep't. filed first injunction suit under 1957 Civil Rights Act charging Co. election registrars with discriminating against 5 Negroes (incl. 4 teachers) in rejecting their applications to register because of their alleged inability to read and write correctly and intelligibly, for delaying hearings on applications. Suit alleges only 48 of 5,036 Negroes of voting age registered in Co., compared with 2,679 of 3,233 whites. Co. Super. Ct. Judge who appointed Def.-registrars issued order barring release of further registration records to FBI and U.S. Gov't., ordered additional deputies hired, if necessary, to carry out order. At least one of Pl.-teachers not re-hired after suit filed. Trial date: Jan. 1959.
- 28 -

501.9. Camacho v. N.Y.C. Bd. of Elections. (Bronx Sup. Ct.) Pl.-New York resident born in Puerto Rico rejected when he attempted to register in 26th E. D. of 6th Ass. Dist. because he can't read or write English. Pl. brought suit to force Def.-Bd. to permit him to take pre-registration literacy test in Spanish. Issue: Spanish was official language of Puerto Rico when its people became U. S. citizens by treaty; New Mexico allows literacy test in English or Spanish. Does failure to permit this constitute denial of constitutional rights? Pending.

Gene Creszenzi, Esq., 320 Broadway, NYC.

502. Political discrimination

502.5. McManus, et al. v. DeSapio, Secy. of State. (N.Y. Ct. of App.) Independent nominating petition of Independent-Socialist Party for candidates for governor, other state offices rejected on ground that in 3 counties less than 50 valid signatures obtained. State law requires petition be signed by at least 12,000 registered voters, of whom at least 50 shall be from each of 62 counties. On review, trial ct. overruled Secy. of State, upheld validity of petition. On appeal, Def. urged ct. erred in upholding sufficiency of "required statement of address when last registered" answered by writing "same", referring to witnesses' present address. Ruling of trial court upheld, Party on ballot in Nov. 1958 election.

David M. Freedman, Esq., 320 Broadway, NYC.; Morris Zuckman, Esq., 235 S. Pearl St., Albany, NY.

502.6. Davis v. Bd. of Elections, New York City. (N.Y. Ct. of App.) Pet. nominated for state senator on independent petition. Law requires petition be signed by not less than 3,000 voters. Petition rejected on ground less than required number of signers had registered for last election, as required under present law. On review, Pet. challenged constitutionality of law on ground it denied right of nomination and hence of franchise (Burke v. Terry, 203 N. Y. 293) to: 1) votes who could have registered the previous year, but failed to do so; and 2) voters who by reason of age, non-naturalization, insufficient residence, etc., could not have registered then. App. Div., 1st Dept. agreed that as to second group statute invalid, but Pet. had shown no injury. Ct. of Appeals held statute not unconstitutional as to first group, and because no showing made that any signers came within second group, question not before them. Van Voorhis, J. dissented, holding denial of franchise to second group invalidated statute in its entirety.

Freedman & Unger, Esqs., 320 Broadway, NYC.

510. Juries
511. Federal employees
512. Racial discrimination

512.13. Reed v. Mississippi. (Miss. S. Ct.) (99 So. 2d 455.) Two Negro Defs. convicted of robbing a third Negro. During trial, Dist. Atty. said to jury, "If you don't stop them now, they will next be robbing white people." 1958: Miss. Sup. Ct. reversed, new trial ordered because of this statement.
512.14. Wilson and Wilson v. A & P Co., (WD Mo.) (156 F. Supp. 767.) 1957: motion by Def. to transfer negligence action to another fed'l. Dist. Ct. closer to witnesses denied on ground Negro Pls. might suffer from sharp racial tensions in that area.
512.15. Louisiana v. Faciane and McMiller. (La. Sup. Ct.) (99 So. 2d 333.) 1957: La. Sup. Ct. held not error to deny motion for change of venue where Applicant failed to carry burden of proof as to local prejudice.
512.16. Pennsylvania v. Banmiller. (Pa. Sup. Ct.) (137 A. 2d 236.) Ct. dismissed writ of habeas corpus, even though no Negro served on jury which convicted Negro-Def. of murder. 1958: Pa. Sup. Ct. affirmed because Negroes not excluded from jury service, and were in fact called but not selected.
513. Economic discrimination
514. Political discrimination
515. Discrimination against women
520. Education
521. Challenge to unequal facilities

521.1. Holland v. Bd. of Public Instruction. (Palm Beach, Fla.) (CA 5, #16897.) Suit by Negro parent for admission of son to white public school nearby. Issues: Negro school sub-standard, far from Pl's. home; constitutionality of new Florida pupil assignment law. Summer 1957: Dist. Ct., held for Def., no evidence assignment based on race of child, and plans exist for improved Negro school. Sept. 1958: CA 5 reversed, held "a completely segregated public school system is being maintained and enforced." On remand to Dist. Ct.
522. Suits to enforce integration

522.Ala2. Shuttlesworth, et al. v. Birmingham Bd. of Educ. (ND Ala., #8914.) Pl.-Negro children took battery of tests under state pupil placement act. Aug. 20, 1957: Pls. requested assignment on non-racial basis to nearest schools. Def.-Bd. did not act on request. May, 1958: 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.

- 29 -

522.Ark2. Matthews, et al. v. Launius, et al. (Bearden Dist.) (WD Ark., Civ. #570.) (134 F. Supp. 684.) Injunction suit filed 1952 by Negro-Pls. to force equalization of public school facilities; amended, after Brown decisions to require immediate integration. Oct. 4, 1955: Dist. Ct. ordered integration by Fall 1956 at latest. Oct. 2, 1956: Order entered continuing proceedings, directing Bd. to present to Ct. at least 10 days before next regular Ct. term a plan to effectuate transition to racially non-discriminatory school system. Pending.

L. Clifford Davis, Esq., 401½ E. 9th, Fort Worth, Texas.

522.Ark3. Aaron, et al. v. Cooper, et al. (Little Rock.) (CA 8.) (143 F. Supp. 855, aff'd. 243 F. 2d 361, cert. den. 357 U.S. 566.) Feb. 1956: integration suit filed. Trial Ct. granted Def's. motion to take depositions from N.A.A.C.P. officials, who testified no documents available re N.A.A.C.P. meeting at which vote taken to bring suit, declined to state number of state N.A.A.C.P. members. Aug. 28: Dist. Ct. dismissed suit, held Def.-Bd. had acted in "utmost good faith" in proposing integration over 5-10 yr. period starting perhaps Fall 1957. Apr. 1957: CA affirmed. Aug. 1957: Pulaski Co. Chancery Ct. issued injunction to prevent desegregation scheduled for Sept. 3, 1957 under this plan. Aug. 30: DC issued blanket injunction against any interference with integration order. Sept. 3: Nat'l. Guard prevented 9 Negro pupils from entering school, by order of Gov. Faubus; DC issued order confirming Aug. 30 order, directing Def.-Bd. and Supt. to carry it out. Sept. 5: Def. requested suspension of order; denied. Sept. 9: DC ordered petition for injunction filed against Gov. Sept. 14: Nat'l Guard again barred students. Sept. 20: U.S. Atty. Genl. filed amicus appearance. Sept. 20: DC denied Faubus' application for him to disqualify himself; denied motion to dismiss; ordered Gov. and aides to call of Nat'l Guard. Gov. complied; filed appeal. (See Faubus, 523.Ark6.) Sept. 23: Negro students entered school under protection of U.S. Army. Feb. 1958: Def.-Bd. petitioned DC for order vacating desegregation decree, alleging opposition by small group of students and adults, pro-segregation laws passed by state, lack of penal sanctions against obstructionists by Fed'l officers, leaving Def.-Bd. "standing alone". After hearing, DC stayed integration order for 2½ yrs. because of conditions in Little Rock. June 30: U.S.S.C. denied Pls. appeal directly to it from this DC stay order. Aug. 18, 1958: CA 8 reversed, stayed mandate. Sept. 12, 1958: U.S.S.C. unanimously affirmed CA decision, ending CA stay of desegregation order; judgment to go into effect immediately, saying:

"* * * In short, the constitutional rights of children not to be discriminated against in school admission on grounds of race or color declared by this court in the Brown case can neither be nullified openly or directly by state legislators or state executives or judicial officers, nor nullified indirectly by them through evasive schemes for segregation whether attempted 'ingeniously or ingenuously.' * * *

"* * * the interpretation of the 14th Amendment enunciated by this court in the Brown case is the supreme law of the land, and Art. VI of the Constitution makes it of binding effect on the states 'any thing in the Constitution or laws of any state to the contrary notwithstanding.' * * *

"State support of segregated schools through any arrangement, management, funds or property cannot be squared with the amendment's command that no state shall deny to any person within its jurisdiction the equal protection of the laws. The right of a student not to be segregated on racial grounds in schools so maintained is indeed so fundamental and prevasive that it is embraced in the concept of due process of law. * * *"

Sept. 25: DC heard Def.-Bd. questions: whether leasing public school to private corp. would place it in contempt of court order. N.A.A.C.P. intervened, asked DC to rule private school corp. plan illegal or order private schools to admit Negro pupils. Dept. of Justice entered as amicus. DC refused to advise Bd., dismissed N.A.A.C.P. petition as requiring a 3-judge Ct. Sept. 27: election on desegregation issue under auspices of Gov. Faubus, 19,470 for continued segregation; 7,561 opposed. Sept. 29: CA 8 judges issued temporary restraining order against Def.-Bd. changing status as of Sept. 25. Oct. 6: hearing on merits in CA 8.

Wiley A. Branton, Esq., 119 E. Barraque St., Pine Bluff, Ark.; U. Simpson Tate, Esq., 4211 S. Oakland Ave., Dallas, Texas; Thurgood Marshall and Robert L. Carter, Esqs., N.A.A.C.P., 10 Columbus Circle, NYC.

522.Ark3c. Garrett v. School Bd. (Little Rock.) (Pulaski Co. Chancery Ct.) Sept. 12, 1958: after U.S.S.C. decision in Aaron, 522.Ark3, and Gov. Faubus signed Act #4—school closing law, Pl.-mother of Central High School student filed suit for mandatory injunction requiring public schools to remain open and for declaratory judgment on Act's validity. Pending.

Kenneth C. Coffelt, Esq., Little Rock, Ark.

522.Ark3d. Fitzhugh v. Ark. Dept. of Education. (Little Rock.) (Pulaski Co. Chancery Ct.) Sept. 1958: Suit filed to test constitutionality of Act 5 of Ark. Legislature which makes mandatory the withholding of state school aid from public schools closed because of integration and using aid in specified manner for other public or private schools. Injunction asked; pending.

James L. Sloan, Esq., Little Rock, Ark.

522.Ark4. Pls. v. Bd. of Educ. (Van Buren.) (DC Ark., Ft. Smith.) Oct. 1955: Pls. sued, asking immediate integration. March 1956: Dist. Ct. ordered Defs. to make "prompt and reasonable" start toward integration and report plans by Aug. 1956. (See Banks v. Izard, I DOCKET 47, 102, #610.20.) Pls. accepted Defs. 9-yr. stair-step plan. Sept. 1957: 23 Negro students attended high school without incident. Sept. 1958: after threats, Negro students stayed home, asked DC to hold Def.-Bd. in contempt for failure to carry out plan. Sept. 19: DC heard new suit asking mandatory injunction, denied request, gave Def.-Bd. responsibility for safe attendance of Negro students. Sept. 22: Pls. returned to school without incident.

U. Simpson Tate, Esq., 4211 S. Oakland Ave., Dallas, Texas.

522.Dela1. Jackson, et al. v. Buchanan, Members of Dela. Bd. of Educ. and Bd. of Trustees, et al. (Christiana School Dist.) (U.S.S.C.)

and

522.Dela2. Evans, et al. v. Buchanan, et al. (Milford.) (U.S.S.C.)

and

- 30 -

522.Dela3. Holloman, et al. v. Buchanan, et al. (Hilton.) (U.S.S.C.)

and

522.Dela4. Coverdale, et al. v. Buchanan, et al. (Greenwood.) (U.S.S.C.)

and

522.Dela5. Creighton, et al. v. Buchanan, et al. (Laurel.) (U.S.S.C.)

and

522.Dela6. Denson, et al. v. Buchanan, et al. (Seaford.) (U.S.S.C.)

and

522.Dela7. Oliver, Jr., et al. v. Buchanan, et al. (Clayton.) (U.S.S.C.)

and

522.Dela8. Staten, et al. v. Buchanan, et al. (Milford.) (U.S.S.C.) 1956: integration suits filed. Jy. 15, 1957: DC held for Pls. in 7 cases, made decision applicable to all school districts in state having no plans for desegregation by Fall 1957, ordered state Bd. of Educ. to submit plan for desegregation. May 28, 1958: CA 3 affirmed DC judgment for Pls. Defs. petition for certiorari pending in U.S.S.C.

Louis L. Redding, Esq., 923 Market St., Wilmington, Delaware.

522.Dela9. Dennis, et al. v. Baker, et al. (Dover.) (DC Dela.) Aug. 1957: injunction action filed to prevent Defs.' carrying out desegregation plan requiring Negro students to take examination for admission to jr.-sr. high school. Pending.

Louis L. Redding, Esq., 923 Market St., Wilmington, Delaware.

522.Fla2. Gibson, et al. v. Dade Co. Bd. of Public Instruction, et al. (SD Fla., #6978-M.) 1956: action filed for injunction to prevent Def.-Bd. from continuing operation of segregated public schools under new Fla. pupil assignment plan. Dist. Ct. dismissed, held Pls. had not sought and been denied admission to particular schools on nonsegregated basis. Jy. 1957: CA 5 reversed and remanded, held Fla. pupil assignment act unconstitutional. Feb. 1958: DC denied Pl's. motion to advance trial and Def's. motion for summary judgment. Pending.

Edwin L. Davis, Esq., 941 N.W. 2 Ave., G. E. Graves, Jr., Esq., 802 N.W. 2 Ave., both of Miami, Fla.; Thurgood Marshall, Esq., 10 Columbus Circle, NYC.

Amicus curiae appearance by Greater Miami Chapter of American Civil Liberties Union.

522.Ga2. Hunt, et al. v. Arnold, Georgia State School of Business Admr. (ND Ga., Atlanta Div., #5781.) 1956: suit filed by Pls. seeking admission to Def.-School, alleging they were denied entrance because of race or color; that they meet all requirements except for recommendation by 2 alumni, which requirement they complain is "unreasonable, arbitrary, discriminatory and unlawful under 14th Amdt." Trial date: Dec. 1, 1958.
522.Ga3. Calhoun v. Latimer. (Atlanta.) (ND Ga., Atlanta Div., #6298.) Jan. 1958: Class action filed for 28 minors seeking temporary and permanent injunctions restraining Defs. from continuing to operate public schools on racially segregated basis. Defs.' motion to dismiss pending, alleging failure to exhaust administrative remedies.

E. E. Moore, Jr., Esq., Atlanta, Ga.; Thurgood Marshall, Esq., N. A. A. C. P. Legal Defense & Educ. Fund, 10 Columbus Circle, NYC.

522.La1. Orleans Parish School Bd., et al. v. Bush, et al. (New Orleans, La.) (ED La., #3630.) (138 F. Supp. 336, 337, aff'd. 242 F. 2d 156, cert. den. 351 U. S. 948; 354 U. S. 921; 252 F. 2d 253, cert. den. 356 U. S. 969.) 1955: Negro-Pls. filed suit for injunction to prevent Def.-Bd. from enforcing post-Brown decision statutes which directed State Bd. of Educ. to withhold approval and funds from any school admitting Negro and white students, and authorized parish school sup'ts. to assign children to public school. Feb. 15, 1956: 3-judge Ct. held all La. statutes aimed at preserving segregation invalid, DC Judge Wright issued order requiring Def.-Bd. to desegregate public schools "with all deliberate speed". May 1956: U.S.S.C. denied Def.-Bd's. motion for leave to file writ of mandamus testing decision by single DC judge instead of 3-judge Ct. March 1957: CA 5 affirmed DC decision, held 1954 La. constitutional amd't. basing segregated schools on state police power does not change its violation of 14th Amendment; pupil assignment law invalid for lack of standards. June 1957: U.S.S.C. denied certiorari. Feb. 1958: CA 5 again upheld DC injunction ordering desegregation with no date set. May 1958: U.S.S.C. denied Def.-Bd's. second petition for certiorari. Aug. 1958: DC held 1956 La. statute authorizing all-white and all-Negro schools invalid. Sept. 24, 1958: Def.-Bd. moved for stay of desegregation order till La. Sup. Ct. rules on validity of 1956 statute.

A. P. Tureaud and A. M. Tureaud, Jr., Esqs., 821 Orleans Ave., New Orleans; U. Simpson Tate, Esq., 4211 S. Oakland Ave., Dallas, Texas; Thurgood Marshall, Esq., N.A.A.C.P., 10 Columbus Circle, NYC.

522.La2. Hall, et al. v. St. Helena Parish School Bd., et al. (ED La., Civ. #1068.) Facts and issues similar to 522.La1. Oct. 15, 1956: Def.'s motion to dismiss heard and submitted. Pending.

A. P. Tureaud and A. M. Tureaud, Jr., Esqs., 821 Orleans Ave., New Orleans, La.; Thurgood Marshall, Esq., N.A.A.C.P., 10 Columbus Circle, NYC; U. Simpson Tate, Esq., 4211 S. Oakland Ave., Dallas, Tex.

522.La3. Angel, et al. v. La. State Bd. of Educ., et al. (ED La., Baton Rouge Div., Civ. #1658.) 1956: Suit filed by Negro-Pls. for admission, on integrated basis, to five state-operated trade schools. Pending on Pls.' application for interlocutory injunction.

A. P. Tureaud and A. M. Tureaud, Jr., Esqs., 1821 Orleans Ave., New Orleans; U. Simpson Tate, Esq., 4211 S. Oakland Ave., Dallas, Texas; Thurgood Marshall and Robert L. Carter, Esqs., N.A.A.C.P., 10 Columbus Circle, NYC.

522.La4. Davis, Jr., et al. v. E. Baton Rouge Parish School Bd., et al. (D La., Baton Rouge Div., Civ. #1662.) 1956: Suit filed by Pl.-Negro children for interlocutory injunction requiring Def.-Bd. to admit Pls. to school on integrated basis. Pending.

Alex L. Pitcher, Jr., Esq., 1501 E. Boulevard, Baton Rouge; A. P. Tureaud and A. M. Tureaud, Jr., Esqs., 1821 Orleans

- 31 -

Ave., New Orleans; U. Simpson Tate, Esq., 4211 S. Oakland Ave., Dallas, Texas; Thurgood Marshall and Robert L. Carter, Esqs., N.A.A.C.P., 10 Columbus Circle, NYC.

522.La6. Williams, et al. v. Prather, et al. (WD La., #5000 Civ.) Suit for admission of Negro student to Northwestern State College, Natchitoches, La. Pl. asked for convening of 3-judge court. Apr. 22, 1955: Chief Judge of CA 5 refused to convene such court on ground it was not necessary in view of decision in Brown. Aug. 1956: Defs.' filed motion to dismiss for lack of proper party Pl. Pending.

A. P. Tureaud, Esq., 1821 Orleans Ave., New Orleans, La.; U. Simpson Tate, Esq., 4211 S. Oakland Ave., Dallas, Texas; Robert L. Carter and Thurgood Marshall, Esqs., N.A.A.C.P., 10 Columbus Circle, NYC.

522.La7. Ludley v. Bd. of Supervisors, La. State Univ. (ED La., Baton Rouge Div.) (252 F. 2d 372.) Jan. 1957: Pl.-Negro student attending La. State Univ. filed class action for temporary restraining order to prevent Univ. officials from refusing to permit her to register for Feb. term unless she furnished certificate of eligibility attesting to her good moral character signed by high school principal and sup't. of schools, under new La. statute. Issues: unconstitutionality of law, and companion measure making it criminal offense for school official to sign certificate for Negro seeking admission to white colleges. Jan 17: temp. restraining order issued. Apr. 1957: 2-judge Dist. Ct. held both laws unconstitutional. Feb. 1958: CA 5 affirmed DC decision. Oct. 13, 1958: U.S.S.C. denied Def.-Bd's petition for certiorari.

A. P. Tureaud and A. M. Tureaud, Jr., Esqs., 821 Orleans Ave., New Orleans, La.; Thurgood Marshall and Robert Carter, Esqs., N.A.A.C.P., 10 Columbus Circle, NYC.

522.La8. Bailey v. La. State Bd. of Educ. (ED La., Baton Rouge Div.) Pls.-six Negro students at McNeese State College brought suit. Facts, issues, status, counsel same as Ludley, 522.La7.
522.La9. Lark v. La. State Bd. of Educ. (ED La., Baton Rouge Div.) Pls.-six Negro students at Southwestern La. Institute brought suit. Facts, issues, status, counsel same as Ludley, 522.La7.
522.La10. Henley, et al. v. La State Univ. Bd. of Supervisors. (ED La., DC La., Christenberry.) Def.-Bd. sent letters to 10 Negro-Pls. that it was against Bd. policy to admit Negroes to new New Orleans campus. Sept. 8, 1958: DC issued preliminary injunction requiring Def.-Bd. to cease its policy of discrimination. Sept. 12: 53 Negro students, incl. Pls., attended classes at LSU in New Orleans; CA 5 denied Def.-Bd's. motion for stay of DC order.

A. P. Tureaud, Sr., Esq., N.A.A.C.P., 1821 Orleans Ave., New Orleans, La.

522.Md3. Groves, et al. v. Bd. of Educ. (St. Mary's Co.) (CA 4.) 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. Dist. Ct. held for Pls. Def.-Bd. denied stay of order by Chief Judge Sobeloff of CA 4. Pls. admitted to classes Sept., 1958.

Juanita Jackson Mitchell, Esq., Robert B. Watts, Esq., Tucker R. Dearing, Esq., and Jack Greenberg, Esq., N.A.A.C.P. Legal Defense and Educ. Fund, Inc., 10 Columbus Circle, NYC.

522.Md4. Hart v. Bd. of Educ. (Charles Co.) (DC Md. #10485.) 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.

Juanita Jackson Mitchell, Esq., Robert B. Watts, Esq., Tucker R. Dearing, Esq. and Jack Greenberg, Esq., N.A.A.C.P. Legal Def. Fund, 10 Columbus Circle, NYC.

522.NY1. Mallory v. N.Y.C. Bd. of Education. (NY Sup. Ct.) 1957: suit filed by Pl.-Negro parent challenging Def.- Bd.'s school zoning regulations, alleging gross differences between schools in city, with inferior segregated education in racially segregated neighborhoods. Sept. 1958: Sup. Ct. held for Def.-Bd., found Pl. had not shown deliberate segregation of pupils by Def.-Bd.

Paul B. Zuber, Esq., 2816 8th Ave., NYC.

522.NY2. Matter of Skipwith. (N.Y.C. Domestic Relations Ct.) Negro parents kept their 9 children out of 3 Harlem public schools on grounds schools are inferior and segregated, after School Bd. denied transfers to integrated schools outside their district. Oct. 28, 1958: parents summoned to Domestic Relations Ct.

Paul B. Zuber, Esq., 2816 8th Ave., NYC.

522.NC2. Covington, et al. v. Edwards, Supt. of Schools, et al. (Montgomery Co.) (MD N. Caro., Rockingham Div., Civ. #323.) (139 F. Supp. 161.) 1955: Pls. sought injunction to prevent segregation in county schools and ruling that N. C. school segregation law unconstitutional. April 1956: Dist. Ct. held: 1) 3-judge ct. not necessary to hear case; 2) N. C. constitutional proviso requiring separate schools unconstitutional; 3) local school bd. members are state officials and their action is state action. Oct. 1956: Pls. moved to amend complaint to attack constitutionality of new Pearsall Plan (for closing public schools under certain circumstances and giving state-aid to attend private schools), after its adoption as amdt. to State Constitution. Sept. 1958: Dist. Ct. dismissed case, held Pls. had not even alleged exhaustion of administrative remedies under 1955 N. C. Enrollment of Pupils Act.

C. O. Pearson, Esq., 203½ E. Chapel Hill St., Durham, N. C.; J. Kenneth Lee, P.O. Box 645; George A. Lawson, 914 Gorrell St., and Major S. High, 914 Gorrell St., Esqs., all of Greensboro, N. C.

And see Jeffers, 522.NC6, Holt, 522.NC7.

522.NC4. Weaver, et al. v. Bd. of Trustees of Chapel Hill Graded Schools, et al. (MD N.C., Rockingham Div., #158-D.) 1957: Suit filed by Pls.-Negroes for permanent injunction ordering Defs. to desegregate public schools. Pending.

Herman C. Taylor, Esq., 126 Hargett St., Raleigh; C. J. Gates, Esq., 428½ E. Pettigrew St., and Milton Johnson, Esq., Logan Bldg., both of Durham, N. C.

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.) Dec. 1956: class action
- 32 -

filed challenging constitutionality of all state statutes and constitutional amendments to preserve segregated schools. Sept. 1958: Dist. Ct. held state officials do not exercise control over assignments under 1955 N. C. Enrollment of Pupils Act, ordered members of State Bd. of Educ. dismissed as parties; granted Pls. leave to file supplemental complaint alleging exhaustion of state administrative remedies.
522.NC7. Holt, Jr. v. Bd. of Educ. (Raleigh.) (ED N.C. #1064.) Pl.-Negro applied for reassignment to white school. Def.-Bd. rejected application. 1958: Pl. seeks immediate admission to white high school and injunction against Def.-Bd. continuing segregation in city schools. Aug. 29, 1958: Dist. Ct. held: (1) Pls. must exhaust administrative remedies under N. C. Assignment and Enrollment of Pupils Act; (2) Pls. complied by filing written application for reassignment form; (3) Pls. failed to comply with statutory requirements by not appearing in person, but only by counsel, at hearing of Bd. following its denial of reassignment. Appeal to CA 4 pending.

Taylor and Mitchell, Esqs., 125 E. Hargett St., Raleigh, N. C.

522.Okla2. Brown, et al. v. Long, Pres., Morris Independent School Dist., et al. (Okmulgee Co.) (ED Okla., Civ. #4245.) 1957: 26 Negro Pls. filed suit for injunction to end segregation in public high school. Sept. 1957: Dist. Ct. ruled Pls. entitled to be enrolled and attend previously all-white school. Negro student moved to intervene, alleging Def.-Bd. denied him permission to enter high school after graduating from desegregated grade school. Sept. 15, 1958: heard and submitted.

Albert Alexander, Esq., 1501½ NE 10th St., Oklahoma City, Okla.; U. Simpson Tate, Esq., 4211 S. Oakland Ave., Dallas, Tex.

522.Okla5. Jefferson v. McCarty, Collins, Liberty Independent School Dist., et al. (Okmulgee Co.) (ED Okla.) Suit by parents of 4 Negro children for admission to all-white school, alleging Def. Collins, principal of Negro elementary school, with interfering with transfer to white school. Sept. 15, 1958: heard and submitted.

Albert Alexander, Esq., 1501½ NE 10th St., Oklahoma City, Okla.; U. Simpson Tate, Esq., 4211 S. Oakland Ave., Dallas, Tex.

522.SC1. Briggs v. Elliott. (Clarendon Co.) (98 F. Supp. 529, 342 U. S. 350; 103 F. Supp. 920; 347 U. S. 483; 349 U.S. 294.) Companion case to Brown. On remand, 3-judge court entered decree July 1955: 1) holding state statutes and constitutional provisions requiring segregated schools unconstitutional; 2) enjoining Defs. from refusing on account of race or color to admit any qualified child to any school in jurisdiction after Defs. have made "necessary arrangements" for non-discriminatory admission, with no date for compliance set. Pending.

Spottswood W. Robinson, III, and Oliver W. Hill, Esqs., Richmond, Va.; Harold R. Boulware, Esq., Thurgood Marshall, Esq., N.A.A.C.P., 10 Columbus Circle, NYC.

522.Tenn1. Kelly, et al. v. Bd. of Educ. (Nashville.) (MD Tenn., Nash. Div., Civ. #2094.) (139 F. Supp. 578.) Suit filed Sept. 23, 1955 by relatives of 21 Negro children denied admission to white schools. 3-judge court asked to set aside Tenn. segregation laws and constitutional provisions. White Fisk U. Prof. Rempfer filed petition to amend suit to seek Ct. order compelling Def. to admit his 2 children to nearby Negro elementary schools rather than distant white schools. Jan. 1957: Dist. Ct. approved Def.'s plan for gradual integration of Nashville public schools starting with first grade in Sept. 1957, ordered Def. to submit definite plans for ending segregation in other public school grades by Dec. 1957. Fall 1957: first graders integrated under plan. Feb. 1958: DC denied Def.-Bd's motion to dismiss, held administrative remedy under state Pupil Assignment Act inadequate, held Pupil Preference Plan unconstitutional, under which parents would choose whether to send students to segregated or integrated schools. Ct. ordered Bd. to adopt by Apr. 7 a "substantial plan and one which contemplates elimination of racial discrimination throughout the school system with all deliberate speed." Feb. 1958: after bombing of school, DC issued restraining order to prevent interference with orderly desegregation of city schools. June 1958: DC accepted Def.-Bd. plan to end segregation at rate of one new grade each yr. Appeals by Pls. and Defs. pending in CA 6.

Z. Alexander Looby and Avon Williams, Esqs., 327 Charlotte Ave., Nashville, Tenn.; Thurgood Marshall, Esq., N.A.A.C.P., 10 Columbus Circle, NYC.

522.Tenn3. Ward v. Bd. of Educ. (Knoxville.) (ED Tenn., N. Div., #3158.) Jan. 1957: Class action filed for injunctive relief requiring Def.-Bd. to desegregate schools. June 28, 1957: Def.-Bd. filed brief alleging it had made start to solution of desegregation problems by holding faculty conference to discuss question. Dec.: Pls. again petitioned Dist. Ct. to set trial date soon. DC pointed out 3 members of Bd. elected in Nov. needed time to help Bd. draft plan. Pending.
522.Tenn4. Pls. v. Tenn. Bd. of Educ., et al. (Memphis State University.) (WD Tenn.) (See Booker, II DOCKET 25, 46, 80, 240 F. 2d 689, cert. den. 353 U.S. 965.) Fall 1957: following litigation, Def.-Bd. desegregated all colleges and universities, effective Fall 1958. 8 Negro students applied for admission to MSU, passed entrance test. Sept. 1958: Def.-Bd. postponed integration at MSU til Fall 1959, and denied students admission too late to apply elsewhere. Suit filed by 4. Sept. 15, 1958: Dist. Ct. denied Pls.' motion for temporary restraining order.

H. T. Lockard, Esq., 322½ Beale St., Memphis, Tenn.

522.Tex7. Ross v. Rogers, Pres., Houston Independent School Dist. (DC Tex., Houston, #10,444.) Pl.-Negro child seeking injunction to prevent continued segregation in Houston public schools, specifically seeking admission of Pl. to nearby all-white school. Oct. 15, 1957: DC held certain Texas school segregation statutes void, enjoined Defs. from requiring segregation "from and after such time as may be necessary for admission to schools on non-segregated basis", but no date for integration set.

Henry E. Doyle, Esq., 618 Prairie Ave., Houston, Texas.

522.Tex8. Dallas Independent School Dist. v. Edgar. (Tex. Dist. Ct.) Aug. 1958: Pl.-Bd. filed suit challenging constitutionality of 1958 Texas acts providing that any school dist. integrating without first gaining approval with local option will lose all state educational funds, and that no pupil can be forced to attend integrated school over written objection
- 33 -

of parent. Pl.-Bd. was under Fedl. Ct. order to desegregate at time laws passed. (See Borders v. Rippy, II DOCKET 25, 46, III DOCKET 17, 41, 61, 247 F. 2d 268, and see 523 Tex 2, III DOCKET 62.) Oct. 27: heard and submitted.
522.Va1. Davis v. County School Bd. (Prince Edward Co.) (DC Va.) (103 F. Supp. 337; 347 U. S. 483; 349 U. S. 294, companion case to Brown; 142 F. Supp. 616; 149 F. Supp. 431, 249 F. 2d 462, cert. den. 355 U. S. 953.) On remand, 3-judge court entered decree July 18, 1955: 1) setting aside 1952 decree in part; 2) ruling Va. Const. of 1902, sec. 140 and Va. Code of 1950, sec. 22-221 (requiring segregated schools) not be enforced by Defs. because in violation of Equal Protection Clause of 14th Amdt.; 3) enjoining Defs. from refusing on account of race or color to admit any qualified child to any school in their jurisdiction after Defs. have made "necessary arrangements" for such a non-discriminatory admission "with all deliberate speed" but Ct.'s refusal to require such rearrangement by Sept., 1955 (as requested by Pls.) "is not inconsistent with the public interest or with the decision of the Supreme Court"; 4) retaining jurisdiction for further action, if necessary. April 1956: Pls. moved for ct. order requiring Def.-Bd. to make "prompt and reasonable start" toward racial integration in public schools. Jan. 1957: Dist. Ct. refused to set deadline for integration: "It is imperative that additional time be given Defs. * * * who find themselves in a position of helplessness unless the Ct. considers their situation from an equitable and reasonable viewpoint." CA 4 reversed DC, held Def.-Bd. must make "prompt and reasonable start" toward desegregation, directed DC to enter such an order. Mar. 1958: U.S.S.C. denied Def.'s petition for certiorari. Aug. 4, 1958; DC granted tentative 7-year delay in desegregation.

Spottswood W. Robinson, III, and Oliver W. Hill, Esqs., Richmond, Va.; Thurgood Marshall, Esq., N.A.A.C.P., 10 Columbus Circle, NYC.

522.Va2. Corbin, et al. v. School Bd. (Pulaski Co.) (WD Va., Roanoke, #341 Civ.) (177 F. 2d 924.) Dist. Ct. dismissed Pl.'s suit for admission to white public high school. CA 4 reversed and remanded for trial. Pending since Dec. 1955. Hill, Martin and Robinson, Esqs., 623 N. 3d, Richmond, Va.
522.Va3. Atkins, et al. v. School Bd., et al. (Newport News.) (ED Va., Newport News Div., Civ. #489.) (246 F. 2d 325, cert. den. 355 U.S. 855.) Apr. 1956: Suit by Pl.-Negro children for admission on integrated basis to schools operated by Def.-Bd. Feb. 1957: Dist. Ct. ruled for Pls., ordered Defs. to start desegregation of 1st and 8th grades by Aug. 15, 1957. July 1957: CA 4 affirmed DC desegregation order, ruled Va. Pupil Placement Law unconstitutional. Oct. 1957: U.S.S.C. denied certiorari. City of Newport News merged with City of Warwick. Sept. 2, 1958: Pls. asked temporary order restraining Def.-Bd. from denying admission of 10 Negro children to white school. Sept. 8: Dist. Ct. refused injunction, said it would be unfair to order desegregation in middle of school year. Hearing: Nov. 28, 1958.

W. Hale Thompson, Esq., 611 25th St. and Philip S. Walker, Esq., 2411 Jefferson Ave., both of Newport News, Va.; Spottswood W. Robinson, III, Esq., 623 North 3rd St. and Oliver W. Hill, Esq., 118 East Leigh St., both of Richmond, Va.

522.Va4. Beckett, et al. v. School Bd. (Norfolk.) (ED Va., Civ. #2214.) 1956: suit filed by Pl.-Negro children for admission on integrated basis to schools operated by Def.-Bd. Feb. 1957: Dist. Ct. ruled for Pls., ordered Defs. to start desegregation of 1st, 7th and 10th grades by Aug. 1957. Jy. 1957: CA 4 affirmed, ruled Va. Pupil Placement Law unconstitutional. Oct. 1957: U.S.S.C. denied certiorari. Aug. 1958: Def.-Bd. rejected applications of 151 Negro students who applied for admission to white schools, later assigned 17 Negro pupils to formerly all-white schools. Sept. 3: Dist. Ct. denied Def.-Bd.'s petition for 1-yr. postponement of integration. Sept. 18: Dist. Ct. invalidated state ct. injunction to prevent Def.-Bd. from assigning Negro pupils to all-white schools. Sept. 23: Cir. Judge Sobeloff (of CA 4) denied Def.-Bd. stay in enrollment of the 17. Sept. 27: CA 4 denied State's petition for a stay; Gov. Almond immediately issued order closing and assuming control of all six white jr. and sr. high schools.

Victor J. Ashe, Esq., 1134 Church, J. Hugo Madison, Esq., 1017 Church, and Spottswood W. Robinson, III and Oliver W. Hill, Esqs., 623 N. 3d St., all of Richmond, Va.

522.Va5. Allen, et al. v. School Bd. (Charlottesville.) (WD Va., #51.) After Pls.-Negro pupils filed integration suit, Aug. 6, 1956: Dist. Ct. ordered Def.-Bd. to desegregate public schools by Fall 1956, granted stay pending appeal. Dec. 1956: CA 4 affirmed. March 1957: U.S.S.C. denied Def's. petition for certiorari. Jy. 1957: Dist. Ct. ordered that its 1956 integration injunction be made effective at commencement of semester next following determination by U.S.S.C. on constitutionality of Va. Pupil Placement Act. May 1958: Dist. Ct. set Sept. 1958 as effective date; 2 Negro students applied for admission to all-white elementary school. Sept. 9: Dist. Ct. ordered Def.-Bd. to admit 2 Negroes to white high school and 10 to white grade school. Sept. 17: Cir. Judge Sobeloff (CA 4) denied Def.-Bd's. petition for stay. Sept. 19: Gov. Almond assumed control over white high school and grade school, ordered them closed.

Oliver W. Hill and Spottswood W. Robinson, III, Esqs., 623 N. 3d St., Richmond.

522.Va6. Thompson, et al. v. School Bd. (Arlington.) (ED Va., #1341.) (144 F. Supp. 239, 240 F. 2d 59, cert. den. 353 U.S. 911; 252 F. 2d 929, cert. den. 356 U.S. 958.) Aug. 1956: Ct. ordered Def.-Bd. to desegregate public elementary schools Jan. 31, 1957, jr. and sr. high schools Sept. 1957; granted stay pending appeal. Dec. 1956: CA 4 affirmed. March 1957: U.S.S.C. denied Def's. petition for certiorari. Sept. 1957: Dist. Ct. ordered Def.-Bd. to comply with 1956 desegregation order despite Va. Pupil Placement Act; granted stay pending appeal. Feb. 1958: CA 4 affirmed. May 1958: U.S.S.C. denied Def's. petition for certiorari. Sept. 1958: 3-day hearing before Dist. Ct. in which Def.-Bd. listed reasons for rejection of applications of 30 Negro pupils for admission to previously all-white schools: 1) applicants lived outside districts of schools they applied for; 2) white high school over-crowded; 3) applicants lacked academic achievements required; 4) applicants' individual psychological problems; 5) some applicants not adaptable to situations in white schools. Sept. 17: Dist. Ct. ordered 4 Negro pupils admitted to Jr. High, but, since term already started, the 4 could be admitted in Jan. 1959; refused applications of 26 Negro pupils on grounds 1), 2) and 3) above. Pls. appeal pending in CA 4.

Edwin C. Brown, Esq., 1200 Cameron St., Alexandria, Va.

- 34 -

522.Va13. Kilbry, et al. v. Warren Co. School Bd. (Front Royal.) (WD Va.) July 1958: Def.-Bd. received mail applications from 25 Negro pupils to attend all-white grade and high schools. Aug. 1958: Def.-Bd. referred applications to State Pupil Placement Bd. with recommendation that they be turned down. Aug. 29: State Bd. rejected applications; 26 Negro-Pls. filed desegregation suit. Sept. 2: schools opened on segregated basis. Sept. 8: Dist. Ct. signed order restraining Def.-Bd. from refusing to enroll 22 Negro pupils in white high school, postponed effective date one week; denied, for time being, petition for enrollment of Negro pupils in grade school. Sept. 12: Cir. Judge Sobeloff (CA 4) denied delay of Dist. Ct. order till full CA 4 could hear case. Sept. 12: Def.-Bd. suspended classes "to have opportunity to properly review applications" from Negro pupils. Sept. 12: Gov. Almond closed Warren Co. high school under Chapter 9.1 of Va. Code, and held all authority over school vested in himself. Sept. 27: CA 4 rejected Def.-Bd's. petition for stay of integration order.

Oliver W. Hill, Esq., 118 E. Leigh St., Richmond, Va.

522.Va14. Warden, et al. v. School Bd. (Richmond.) (ED Va.) Sept. 2, 1958: 6 Negro pupils, denied admittance to white schools, filed desegregation suit. Sept. 14: Def.-Bd. asked Va. Pupil Placement Bd. to authorize transfer of white grade school to Negroes because of low white population in area. Va. Pupil Placement Bd. approved change, transferred remaining white pupils in school to other white schools. Sept. 17: Def.-Bd. filed motion to dismiss suit, alleging Va. Pupil Placement Bd. should have been sole Def. because it has sole authority to enroll and assign pupils under new Va. law. Pending.
522.Va15. Hundley, et al. v. School Bd. (Alexandria.) (ED Va.) Sept. 5, 1958: 14 Negro pupils filed desegregation suit. Sept. 8: Dist. Ct. denied Pls.' petition for temporary injunction. Schools opened on segregated basis. Def.-Bd. fired mother of two Negro Pls. from her job as school cook, due to her position as Pl. in case. Pending.
523. Suits to prevent integration

523.Ark6. Faubus v. U. S. (U.S.S.C., #212.) Apr. 28, 1958: CA 8 affirmed preliminary injunction entered by Dist. Ct. restraining Gov. Faubus from using Ark. Natl. Guard troops to keep Negro children from entering Central High School. Ct. held Arkansas could not lawfully use its forces to suppress "rights" which it is "the duty of the state to defend. The use of troops or police for such purposes would breed violence. It would constitute an assurance to those who resort to violence to obtain their ends that if they gathered in sufficient numbers to constitute a menace to life, forces of law would not only not oppose them but would actually assist them in accomplishing their objective." Oct. 13: U.S.S.C. denied petition for certiorari by Gov. Faubus.

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

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

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

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

530. Housing
531. Public

531.1. Queen Cohen v. Savannah Housing Authority, et al. (CA 5, #16040.) (135 F. Supp. 217.) Suit to enjoin allocation of Fed'l funds and technical assistance to construction of segregated public housing development in Savannah. Oct. 1955: Dist. Ct. granted Def.-U. S. Gov't motion for summary judgment and Def.-Housing Auth. motion to dismiss on ground that separate-but-equal still applies in housing. Nov. 1955: CA overruled Dist. Ct. decision granting summary judgment to Def.-Public Housing Auth.; reversed Dist. Ct. dismissal of action against Def.-Savannah Housing Auth.; sustained dismissal of action as to Def.-Regional dir. of Public Housing Auth. Ct. held it had general federal-question jurisdiction over natl. P.H.A. and Civil Rights statute jurisdiction over Savannah H.A. July 1957: after trial, Dist. Ct. dismissed Pl's. suit. June 30, 1958: CA 5 affirmed, found no proof Pl. had filed application for all-white housing project or indicated she wanted Defs.' policy of segregated housing changed. Ct. took into account fact that only one Pl. remained of the many who filed suit, indicating little community interest. Ct. held 14th Amendment does not require integration in public housing.

A. T. Walden, Esq., 200 Walden Bldg., Atlanta, Ga.; Frank D. Reeves, Esq., 2000 Ninth Ave. NW, Wash., D.C.; Constance B. Motley and Thurgood Marshall, Esqs., N.A.A.C.P., 10 Columbus Circle, NYC.

531.5. Eleby v. Louisville Municipal Housing Authority. (WD Ky., Louisville Div., #3240.) Pls.-Negro families suing for admission to Def.'s previously all-white public housing project. Def.'s motion to dismiss admitted that it maintains segregated housing on "voluntary basis". May 1957: Trial Judge signed order upon pre-trial conference approving Def's. proposed plan of integration. 1958: seven white residents in Def's. housing projects moved to intervene, on ground integration would violate their constitutional rights. Pending.
531.6. N. Y. State Comm. Against Discrimination v. Pelham Hall Apts., Inc. (NY App. Div., 2d Dept.) SCAD complaint charges Pl.-Negro denied apartment by Def.-owners of FHA-aided housing project, in violation of 1955 law, Sec. 292, Exec. Law. Hearing stayed by temporary injunction obtained by Def. to test constitutionality of law. App. Div., 2d Dept. vacated injunction. July 1957: SCAD hearing bd. found Def. had denied Pl. apt. on basis of race, which Def. admitted. Jy. 24: Comm. ordered Def.: (1) to cease and desist from unlawful discriminatory practices, (2) rent future apts. on non-discriminatory basis, (3) state in ads that development was publicly-assisted and therefore subject to the law, (4) give Comm. list of all unrented apts. and, for next yr., submit mthly reports including names, addresses of applicants for apts. and reasons for all rejections.
- 35 -

Upon Def's. refusal to comply, SCAD sued for enforcement. Jan. 1958: Sup. Ct. upheld constitutionality of 1956 NY law against discrimination in housing financed in part or entirely by public, held action "by legislative bodies to eliminate the practice of racial discrimination in affairs closely connected with the lives of our citizens is not only a reasonable but, in view of the changing times and circumstances, a required method of procedure in the interest of public welfare." Sept. 30, 1958: suit dismissed on stipulation.

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

532. Private

532.10. Carmichael v. Christenson, and Village of Maywood. (Cook Co. Super. Ct., #57 S 17586.) Pls.-Negro family moved into newly-constructed home in Chicago suburb. Def.-Village officials refused to provide water for construction purposes, continued refusal after Pls. moved in. Nov. 13, 1957: Pls. sued for injunctive relief. Nov. 14: Super. Ct. ordered Defs. to supply water to Pls. until disposition of case on merits. Pending.

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

532.15. Bolton v. Crane, et ano. (Cook Co. Super. Ct., #57 S 6577.) Def. bought house for $4,000; immediately sold to Pl.-Negro couple on contract for $13,900. Pls. paid $1,400, then defaulted. Def. brought eviction proceeding. Pl. asks Ct.: to reform contract, to restrain Def. from continuing eviction action, to disclose to Ct. all circumstances of Def's. purchase of property, to restrain Defs. from making further sales of similar properties. May 1957: Super. Ct. struck last count; Defs. assured Ct. no steps would be taken to evict Pls. Pls. remain in possession, have made no new payments on contract. One of issues: as matter of law, is it in itself fraudulent conduct to make practice of buying at one price with sole purpose of reselling immediately to Negro buyer at 3 or 4 times original price, without need of proof of any further conduct? Pending.

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

532.16. McGregor v. Florida Real Estate Commission. (Fla. Sup. Ct.) (99 So. 2d 709.) Appee-Real Estate Comm. charged real estate agent with bad faith in accepting listing of property restricted in sale to Christians and negotiating sale to Jew. 1958: Fla. Sup Ct. upheld action as one to punish agent for breach of confidential relationship and not one to enforce discriminatory contract.

And see Teverbaugh, 551 Cal. 4.

540. Transportation
541. Interstate

541.2. Baldwin v. Morgan. (CA 5.) (251 F. 2d 780.) Pl.-Negro couple arrested while sitting in waiting-room of railroad station marked "inter-state and white passengers" and released without charge. DC dismissed action for declaratory judgment under Civil Rights Act. CA 5 held complaint sufficient since Defs. acting under color of state law.
541.3. Watson v. Eastern Lines. (ND Ga., Atl.) Action for damages resulting when Pl.-passenger on airline from New York to Florida was thrown off bus to which passengers had been removed when plane forced to land at Atlanta, at Anniston, Ga. about 50 miles from her destination with her luggage, bus driver saying "I don't want you Northern niggers on this bus." Action transferred from NY Co. Sup. Ct. where it was commenced.
542. Intrastate

542.4. Evers, et al. v. Dwyer, Comm'r of Public Service of City of Memphis, et al. (WD Tenn., Civ. #2903.) Negro-Pls. brought suit to test constitutionality of state statutes requiring segregation on intra-state buses. Pending.

H. T. Lockard, Esq., 322½ Beale St., Memphis, Tennessee; Thurgood Marshall and Robert Carter, Esqs., N.A.A.C.P., 10 Columbus Circle, NYC.

542.5a. Garmon, et al. v. Miami Transit Co., City of Miami, et al. (U.S.S.C.) Oct. 1956: suit filed testing practice of segregation on buses operated under city franchise. Jan. 1957: Ct. held all state or city bus segregation statutes unconstitutional and unenforceable. 1958: CA 5 affirmed. Defs. petition for certiorari pending.

G. E. Graves, Jr., Esq., 802 N. W. Second Ave., Miami, Fla.

542.10. Simpkins v. Mayor Gardner, et al. (WD La., Shreveport Div., #6651.) Dec. 16, 1957: Pls.-Negroes brought class action seeking injunctive relief from enforcement of La. laws requiring segregated seating on streetcars and buses in Shreveport. July 1, 1958: heard and submitted.
542.11. City of Montgomery v. Rev. Pleasure. (Ala. Cir. Ct., #5767.) Def.-Negro exec. secy. of Montgomery Improvement Assn. convicted of disorderly conduct for refusing to give up seat beside white woman in taxi carrying passengers from airport. Appeal pending.

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

550. Miscellaneous Facilities
551. Recreational

551.Cal3. Peoples, et ano. v. Club Primadonna, et al. (Super. Ct., San Francisco.) Def.-Co. advertises in city newspapers it will provide transportation to Reno and back by plane, train, bus. Pls. obtained reservations for trip in plane chartered by Defs. Sept. 8, 1957: Defs. refused to permit Pls. to board plane. Suit for $50,000 damages. Issues: whether plane "place of public accommodation" under Calif. Civil Rights Act, Secs. 51, 52. Ct. granted Defs.' demurrer, without opinion. Amended complaint filed; motion to quash constructive service on Nevada corp. denied.

Edward S. Grogan, Esq., 1440 Broadway, Oakland.

551.Cal4. Teverbaugh, et al. v. El Rey Trailer Parks, et al. (San Diego Co. Super. Ct., #215911. Pl.-Negro Sergeant in Marine Corps denied accommodations for their trailer in each of 6 trailer parks. Suit for damages under Calif. Civil Code, secs. 51, 52, re "public accommodations"; trailers not listed specifically in statute. Feb. 10: Ct. held for Pls., under stipulation, as to 5 Defs.; judgment for $1100. Trial date against sixth Def. Co. to be set.

Gostin, Katz and Porter, Esqs., 239 W. Broadway, San Diego.

- 36 -

551.Cal5. Santa Clara Voiture 365 v. American Legion 40 & 8 Society. (San Jose Super. Ct.) Def.-organization cancelled charter of Pl.-chapter when it admitted Chinese-American commander of Am. Legion Dist. 13. Oct. 2, 1958: Super. Ct. issued temporary restraining order preventing revocation of charter, refused to permit Def. to charter new all-white voiture. Oct. 16: Defs.' nat'l officers summoned to appear. Pending.
551.Fla2. Moorehead, et al. v. City of Fort Lauderdale. (SD Fla., #6820-M-Civ.) 1957: Ct. issued permanent injunction requiring City officials to admit Negro-Pls. to municipal golf course without regard to color or race. Ct. stated: financial loss to city not a reason for denying constitutional rights. Jy. 1957: Def.-City Comm. (3-2) voted to sell $1,000,000 municipal golf course for $562,000 to private club. Def.-City's appeal pending in CA 5.
551.Fla3. Ward, et al. v. City of Miami. (U.S.S.C.) 1957: Ct. held unconstitutional practice of municipally-owned golf course of limiting admission of Negro players to one day a week. Ct. issued permanent injunction requiring Defs. to admit Negroes "upon the same basis and same conditions as white citizens of Miami." CA affirmed. Defs. petition for certiorari pending.
551.La1. New Orleans City Park Improvement Assn. v. Detiege. (U.S.S.C., #295.) Pl.-Negro sought test of constitutionality of all La. laws denying equal use of all city park facilities. May 1957: DC held statutes unconstitutional under equal protection and due process clauses, Fourteenth Amendment. Feb. 1958: CA affirmed. Oct. 20, 1958: U.S.S.C. denied App'ts'. petition for certiorari.

A. P. Tureaud, Esq., 1821 Orleans Ave., for N.A.A.C.P. Legal Defense & Educ. Fund, 1821 Orleans Ave., New Orleans.

551.Mich1. Bishop, et al. v. Hotels Statler Co., Inc., et al. (ED Mich. S. Div., #16801.) Pls.-Michigan Negro ministers, delegates to Baptist Sunday School Convention in Dallas, confirmed hotel reservations in Def's. Dallas hotel before leaving Detroit, but were denied accommodations on arrival, Defs. alleging denial based on Texas segregation statutes. June 1957: suit filed in Mich. DC for $10,000 damages for each Pl., under 8 USC 42 and 43. Defs. filed motion for change of venue. June 1958: suit settled by Defs.

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

551.NY4. Lake Placid Club v. Abrams, State Commission Against Discrimination. (NY App. Div. 3d Dept.) Complainant charged Pl.-Club discriminated against him on basis of race. S.C.A.D. Commr. held Pl. was not place of public accommodation within meaning of statute, but private club. Act requires request for reconsideration by S.C.A.D. chairman must be made within 15 days of ruling. No such request having been made during period, Pl.-Club sued to prevent Def.-S.C.A.D. chairman from reconsidering. Sup. Ct. held for Pl. Oct. 1958: heard and submitted.

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

551.NC2. North Carolina v. Clyburn. (N.C. Sup. Ct.) (101 S. E. 2d 295.) Negro-Defs. convicted of criminal trespass for entering and refusing to leave section of ice cream parlor marked "white." 1958: N.C. Sup. Ct. affirmed: "The right of an operator of a private enterprise to select the clientele he will serve and to make such selection based on color if he so desires, has been repeatedly recognized by the appellate courts of this nation."
551.Pa2. Sullivan v. Schultheis d/b/a Warren Motel. (Warren Co. Common Pleas Ct.) Jy. 1957: Pl.-Negro minister denied accommodations at Def. motel because of race. Feb. 1958: Pl. filed suit for an injunction against further discrimination, under Pa. Public Acommodation Act of 1939. May 1958: suit mooted by sale of motel by Def.

John J. Stewart and David W. Swanson, Esqs., Philadelphia, Pa., on behalf of American Civil Liberties Union of Pa.

551.Va3. Williams v. Howard Johnson's Restaurant. (ED Va.) April 1958: Pl.-Negro refused service by Def. becuase of race, filed suit for $500 damages from restaurant, mgr., waitress, asked for ruling that restaurant suited adjacent to interstate highway is facility in interstate commerce. Pending.

Charles E. Williams, pro se, 2407 S. Second St., Arlington, Va.

551.WVa1. Lark v. Harrison d/b/a Green Acres Motel. (Wood Co. Cir. Ct.) Pl.-Negro filed suit for damages against Def.-motel for refusal of accommodations on basis of color, in violation of contract and common law. Pending.

Brown H. Payne, Esq., 330 S. Fayette St., Beckley, W. Va.

552. Others

552.Mich1. Russau, et ano. v. Restlawn Memorial Park Corp., Restlawn Maintenance, Inc. (Grand Rapids Super. Ct., Law #5279.) After committal services had been held at the grave, Def.-Co. refused to bury Negro-Pls.' infant child. Apr. 1957: trial set after 4-yr. delay. Pending.

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

552.Minn1. Erickson v. Sunset Memorial Park Cemetery. (Hennepin Co. Ct.) 1955: Pl.-American Indian purchased 2 cemetery lots, was assured by Def. that her race would not prevent her eventual burial there. Apr. 1958: Def. Co. wrote Pl. that its charter prohibited interment of "anyone not of the Caucasian white race", offering to repurchase the lots. Suit pending.

Amicus appearance by Minnesota Branch, American Civil Liberties Union.

And see cases at 600.

552.Va1. Virginia v. Bissell. (Supreme Ct. of App. of Va.) Def.-white librarian convicted and fined $15 for violating state segregation law by sitting beside Negro at public political meeting. Jan. 1957: Cir. Ct. upheld conviction: "It seems clear that the power to require such segregation is reserved to the state or the people under the 10th Amdt." 1958: Va. Sup. Ct. reversed conviction on technical grounds, declining to pass on constitutionality of segregated seating law.

Edmund D. Campbell, Esq., Southern Bldg., Washington, D.C., and Karl G. Sorg, Esq.

- 37 -

552.Va3. Dawley v. City of Norfolk. (ED Va., #2405.) 1958: Negro attorney sued to enjoin city from labelling rest rooms in courthouse "white" and "colored". Dist. Ct. dismissed on ground of lack of jurisdiction, since judges, not city officials, have control of courthouse. Ct. stated: if anything remains of separate but equal doctrine, it may properly apply to toilet facilities.
560. Family Matters
561. Marriage and divorce
562. Adoption
563. Custody
564. Miscellaneous
570. Employment
571. Racial discrimination

571.1. Brooks, et al. v. Bd. of Educ., et al. (ED Mo., #551.) Nov., 1955: 8 Pls.-Negro teachers filed suit (under 28 U.S.C. 1331) for damages of $4,000 for each Pl., a declaratory judgment and injunction restraining Def. Bd. from denying employment on racial grounds and from making any distinction whatsoever because of race or color in employing public school teachers. Apr., 1955, after Def. decided to discontinue segregated schools for Negroes, Pls., who had taught for Def. for at least 3 yrs., were notified they would not be rehired. Pls. invoke the 14th Amdt. and Fedl. statutes in behalf of their right to contract, be employed and follow teaching profession without discrimination because of race or color. Def. Bd. admits dismissals and that if they were based solely on race or color "such action would have been illegal, arbitrary, wrongful and violative of Pls.' personal and individual rights, as secured to them by * * * laws and Const. of U.S." Pending.

Thurgood Marshall, Robert L. Carter, and Elwood H. Chisholm, Esqs., N.A.A.C.P., 10 Columbus Circle, NYC.

571.3a. Starling v. Mingo Co. Bd. of Educ. (SD W.Va.) Pl.-Negro teacher with continuous teaching contract not rehired as teacher during 1957-58 terms. Suit filed for $50,000. damages and injunctive relief. Pl. was rehired in Fall 1958. Case pending.

Brown H. Payne, Esq., 338 S. Fayette St., Beckley, W. Va.; Williard L. Brown, Esq., Charleston, W. Va.

571.3b. Goode v. Summers Co. Bd. of Educ. (SD W.Va.) Pl.-Negro teacher not rehired for 1957-58 term. Jy. 14: pretrial conference to pose issue: Did Def.-Bd. discriminate against Pl. and people similarly situated on basis of race? Pl. rehired for 1958-59 term. Pending.

Brown H. Payne, Esq., 338 S. Fayette St., Beckley, W. Va.

571.9. Oliphant, et al. v. Bro. Locomotive Firemen and Enginemen, et al. (CA 6.) (156 F. Supp. 89, 355 U.S. 893.) 14 Southern Negro railroad firemen seek injunction to invalidate Def.-Union's rule limiting membership to whites, in effect. Pls. contend they are not adequately represented by Def.-union in collective bargaining. June 3-7: trial before Ct. without jury. Sept. 1957: Dist Ct. denied Pls. application for injunction compelling Def.-Union to accept them as members, on grounds Cts. have no power re membership in voluntary organizations unless Congress acts. U.S.S.C. denied certiorari in 1957 Term, requiring Pls. to file appeal in CA. 6. Pending.

Walter C. Kelly, Jr., Esq., 1200 Natl. City Bank Bldg., Cleveland; Joseph L. Rauh, Jr., Esq., 1631 K St. NW, and John Silard, Esq., both of Washington, D.C.

571.15. Conley, et al. v. Gibson, Bro. of Railway and Steamship Clerks. (SD Tex., Houston Div., #8443.) (138 F. Supp. 60, 229 F. 2d 436, 355 U. S. 41.) 1954: Tex. and New Orleans Railroad discharged or demoted 45 Negro workers, not actually abolishing jobs, but replacing with white workers. Def.-Union, bargaining agent covering Negro workers under Railway Labor Act, did nothing to protect Negro workers from discriminatory discharges, or to represent Negro workers generally. Pls.-Negro workers sought declaratory judgment and injunctive relief. DC granted Def's. motion to dismiss, held Congress had given Adjustment Bd. exclusive jurisdiction over such controversy. CA affirmed. Nov. 1957: U.S.S.C. unanimously reversed, Black, J.:1) Adjustment Bd. has no power here; 2) Railroad not indispensable party: 3) complaint set forth claim.

Joseph C. Waddy, Esq., Washington, D.C.; Roberson L. King, Esq., Houston, Texas.

571.16a. In re Application of Charles E. Williams. (DC DC.) Sept. 12, 1958: Pet.-Negro attorney and member of American Bar Assn. petitioned Dist. Ct. of District of Columbia to promulgate rules regulating professional conduct of officers of ct. which would end racial discrimination by Bar Assn. of Dist. of Col. in refusing to admit Negro members. While pending, Oct. 1958: by ⅔ vote, Bar Assn. finally itself changed rule, now admits attorneys to membership, regardless of race.

Charles E. Williams, Esq., 1329 Shepherd St., NW, Washington, D.C.

571.18. Eaton, et al. v. Bd. of Mgrs., James Walker Memorial Hospital, et al. (MD N.C. Wilmington Div., #700.) Suit by 3 Negro doctors for right to practice medicine in Def.-Hospital, now assertedly denied solely on basis of Pls.' race. Pending.

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

571.19. Butler v. Celotex. (ED La., #6978.) Suit by Negro employees against employer and union for relief against discriminatory labor contract under which two seniority lists maintained (one for Negro employees and one for white) as result of so-called principle of unwritten seniority. 1958: Dist. Ct. approves stipulation of parties whereby racial discrimination is eliminated but existing seniority protection shall obtain so long as present employees hold their jobs.
571.20. Menifee v. Local 74, Wood, Wire and Metal Lathers, et al. (ND Ill., #54 c 1417.) Class action by Negro-Pls. against construction trades local and employers' association. March 3, 1958: consent decree approved which restrains Defs. from entering into discriminatory agreements
- 38 -

and from excluding Negroes from apprentice courses because of race, color, ancestry, or family relationships.
580. Civil Actions under Civil Rights Law Not Otherwise Covered

580.1. Tynes v. Gogos. (CA DC.) Pl. brought action for wilful tort, alleging Def. proprietor of combination restaurant and bar refused to allow him to dance with member of another race. Issue: does D. C. anti-discrimination law give rise to private right of action, as well as create misdemeanor? Muni. Ct. granted motion to dismiss. Aug. 1958: Muni. Ct. of App. affirmed. Appeal to CA pending.

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

580.2. Simmons v. Whitaker. (CA 5.) (252 F. 2d 224.) Action for damages against sheriff and others for unlawful arrest and extraction of money for payment of hospital bill not owed by Pl. 1958: CA 5 held Fedl. Ct. without jurisdiction under Civil Rights statute "to redress the deprivation, under color of State law * * * of a right secured by the Constitution", because Def. sheriff not performing official function.
590. Criminal Prosecutions under Civil Rights Law

590.3. U. S. v. Henry. (ED S.C., #21892 Crim.) In trial of sheriff and deputies for violation of civil rights of Negro prisoners, Ct's charge directed verdict of not guilty on ground that violation of Civil Rights Act entails action under color of law and with purpose and effect of depriving prisoner of his constitutional rights. "It is not sufficient that the Defs. had generally a bad purpose in doing the things that they are accused of doing."
600. Suits Involving Constitutional Rights of American Indians
601. Civil Actions between Individual Indians and Indian Tribes

601.1. Martinez v. Southern Ute Tribe. (CA 10.) (249 F. 2d 915.) Indian-Pl. filed private suit challenging denial of membership and benefits of membership in Def.-tribe. 1957: CA 10 held: although "welter of laws" enacted by fed'l. gov't. to protect Indians, fed'l. gov't. at no time intended to provide fed'l. support of private civil actions by Indians; due process clause does not apply to actions of Def.-tribe; in absence of statute, fed'l. ct. has no jurisdiction merely because Pl. is Indian who is ward of fed'l. gov't.
602. Civil Actions against Indians on Reservations

602.1. Haile v. Saunooke, Eastern Band of Cherokee Indians, and U. S. (CA 4.) (246 F. 2d 293.) Negligence suit filed against Eastern Band of Cherokee Indians and against U. S. as trustee and guardian. Dist. Ct. dismissed, since tribe of Indians may not sue without consent of Congress notwithstanding any act of state legislature re the tribe. 1957: CA 4 affirmed, held Congress alone determines extent to which immunities and protection afforded by tribal status are to be withdrawn. Pls. not precluded from proceeding against individual Defs. or against U. S., if negligence can be shown.
602.2. Vermillion v. Spotted Elk, et ano. (Sup. Ct. N.D.) (85 N. W. 2d 432.) North Dakota ct. took jurisdiction to determine civil action arising out of automobile accident between enrolled Indians residing within boundaries of Indian Reservation where accident occurred. 1957: N.D. Sup. Ct. affirmed, held fedl. statutes and Constitution of N.D. permit suits between Indians residing on Indian reservations in civil cases not involving lands.
602.3. Williams v. Lee. (Ariz. Sup. Ct.) (319 P. 2d 998.) Civil suit against Indian in state ct. to recover unpaid balance of debt. 1958: Ariz. Sup. Ct. held suit proper where not prohibited by statute, but attachment of sheep should have been quashed, since fedl. regulations governing disposition of livestock of Indians prevent state cts. from reaching into Indian reservation to require sale.
603. Criminal Actions against Indians on Reservations

603.1. New Mexico v. Begay. (N.M. Sup. Ct.) (320 P. 2d 1017.) Indian convicted of drunken driving on state highway built within boundaries of Navajo reservation. 1958: N.M. Sup. Ct. reversed, held that since state had only easement to build highway, title of Indian reservation not extinguished; state cts. have no criminal jurisdiction there.
604. Actions involving Real Property

604.1. Andreas v. Henderson. (SD Calif.) (160 F. Supp. 252.) Suit by Indian-Pl. to have deed conveying property declared void on ground conveyance made during trust period. Dist. Ct. held, although Mission Indian Act nullifies conveyances made during trust period to protect Indians from greed of white man, conveyance here valid because, after expiration of trust period, Pl. signed amended escrow instructions authorizing delivery of deed.
604.2. Ware v. Beach. (Okla. Sup. Ct.) (322 P. 2d 635.) Trial Ct. permitted surviving husband of Osage Indian to elect to take share of estate under descent and distribution statute rather than under will which bequeathed property to incompetent sister of decedent. 1958: Okla. Sup. Ct. affirmed husband's right to elect under statute, finding no error in court below as to method by which Indian blood of husband proved.