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.-