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CIVIL LIBERTIES DOCKET
Vol. IV, No. 2
March, 1959
$7.50 per year

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ABOUT THE CIVIL LIBERTIES DOCKET

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

Vol. IV, No. 1 contained complete descriptions of all cases pending in July 1958 or instituted prior to November 1959. Pending cases in which there has been no change in status since the last description are listed below and marked with an *. Pending cases in which changes have occurred since the last issue will show the page reference of the previous description. Cases concluded prior to July 1958 are not 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)

Books:

Thomas I. Emerson and David Haber, Political and Civil Rights in the United States, (2 vols.) 1958, Dennis and Co., Inc. $35.00.

Ralph S. Brown, Loyalty and Security, 1958, 524 pp., XVII, Yale University Press, $6.00.

Law review surveys:

Daniel H. Pollitt, Should the Supreme Court be "curbed"? A presentation of civil liberties decisions in the 1957-58 Term, 37 North Carolina Law Rev. 17-72.

The Supreme Court, 1957 Term, 72 Harv. Law Rev. 77-109, 157 et seq. (Nov. 1958).

Osmond K. Fraenkel, The Supreme Court and national security, 33 Univ. of Washington Law Rev. 343-363 (Winter 1958).

Robert G. McCloskey, Tools, stumbling blocks, and stepping stones: civil liberties in the 1957 Term of the Supreme Court, 44 Va. Law Rev. 1029-1055 (Nov. 1958).

Law review articles:

Edward Dumbauld, State precedents for the Bill of Rights, 7 Journal of Public Law 323-344.

Edmond Cahn, The doubter and the Bill of Rights, 33 N. Y. U. Law Rev. 903-916 (Nov. 1958).

Ludwig Teller, Peace and national security in the new space age: the National Aeronautics and Space Act of 1958, 4 New York Law Forum 275-305 (July 1958).

Charles A. Reynard, Free speech problems in organizational activities, 36 Tex. Law Rev. 908-937 (Oct. 1958).

Protection and assistance for the union organizer, 1959 Duke Law Jour. 78-92 (Winter 1958).

SPEECH AND PRESS (10-99) See also Association (200-299)
10. Licensing
11. Meetings
12. Motion Pictures
Law review article:

Melville B. Nimmer, The constitutionality of official censorship of motion pictures, 25 U. of Chicago Law Rev. 625-658.

Law review note:

Motion picture censorship, 8 Buffalo Law Rev. 85.


12.2. Kingsley Intl. Pictures Corp. v. N. Y. Bd. of Regents. (U.S.S.C., #394.) (4 N. Y. 2d 349, 175 N. Y. S. 2d 39, 151 N. E. 2d 197; 358 U. S. 897.) For facts, see IV DOCKET 1. Nov. 24, 1958: U.S.S.C. noted probable jurisdiction.
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12.7. Kingsley Intl. Pictures Corp. v. City of Providence. (D.C., R.I.)*
12.8. Kingsley Intl. Pictures Corp. v. Blanc. (Pa. S. Ct.)*
12.9. Times Film Corp. v. Chicago. (DC Ill.)*
12.11. Masque Theatre Corp. v. City of Los Angeles. (Dist. Ct. of App., 2d App. Dist., 2d Civ. #23277.) Attack against local movie censorship ordinance, on its face. Issues: 1) constitutionality of Los Angeles Municipal Code, Sec. 41.02(a), 41.13(a) under Calif. Constitution, Art. I, Secs. 9, 13, 21, and First and Fourteenth Amdts. to U. S. Constitution; 2) constitutionality of ordinance eliminating all requirements of scienter and punishing innocent exhibition of film without wilful or lewd intent. Pending.

Stanley Fleishman, Esq., 1741 Ivar Ave., Hollywood.

13. Peddlers
14. Books, Magazines
15. Miscellaneous
20. Administration Restrictions
Law review comment:

Extralegal censorship of literature, 33 N. Y. U. Law Rev. 989-1026 (Nov. 1958).

21. Customs
22. Post Office
22.1 "Playboy" v. Postmaster General, (CA DC.)*
22.2. Hamilton v. Summerfield, et al. (formerly listed as Postmaster General v. Hamilton.) (CA DC, #14,452.) For facts, see IV DOCKET 2. Dec. 9, 1958: CA refused to moot case; remanded to DC for disposition on merits with instructions to enjoin Post Office from withholding mail from Def. unless matters first subject of administrative proceeding in Post Office and held a violation.

John Silard, Esq., 1631 K St., NW, Washington, D. C.

22.3. Toberoff d/b/a Filmfare v. Summerfield. (CA 9, #15,545.) Post Office Dept., under 39 USC 259a, impounded Pl's. incoming mail while administrative hearings were pending and before any final determination that Pl. was violating postal laws. DC held P. O. had made sufficient showing. CA 9 reversed, ordered mail released immediately.

Stanley Fleishman, Esq., 1741 Ivar Ave., Hollywood.

22.4. Toberoff d/b/a T-R Productions v. Summerfield. (CA 9, #15,988.) Post Office Dept. impounded Pls. mail while hearings pending and before final determination whether Pl. violating postal laws. Dept. asked Ct. to extend its temporary impound order. DC extended time. Issue: does 39 USC 259a, requiring order to be made within 20 days, permit Ct. merely to extend order within 20 days? CA 9 reversed, ordered immediate release of mail.

Stanley Fleishman, Esq., 1741 Ivar Ave., Hollywood.

23. Miscellaneous

23.5. Random House and Bantam Books v. Detroit Police Commr. Piggins. (Wayne Co. Cir. Ct., Chanc. #555-684, 685.) For facts, see IV DOCKET 2.

Horace S. Manges and Jacob F. Raskin, Esqs., 60 E. 42nd St., NYC; Ralph Goldsmith, Esq., 1570 Natl. Bank Bldg., Detroit.

23.8. Werner v. City of Knoxville. (ED Tenn. N. Div., #3425.)*
30. Economic Restrictions

30.1. Independent Productions Corp. and I. P. C. Distributors, Inc. v. Loew's Inc., et al. (SD NY, Civ. #110 304.)*
30.2. Rubenstein and Richards v. NYC Police Comm'r. Kennedy, et al. (NY Co. Sup. Ct.)*
30.4. City of Baltimore, et al. v. Abell, et al. (Md. Ct. of App.) (145 A. 2d 111.) Local law of City of Baltimore imposed tax on advertising in news media, radio and TV. Oct. 17, 1958: Md. Ct. of App. held tax invalid as a special "single in kind" tax that could not lawfully be imposed "upon a business that enjoys one of the constitutional immunities of the First Amendment".

Wm. L. Marbury, Esq., Baltimore, Md.

40. Contempt
41. Federal Courts

41.1. Garland v. Torre. (formerly listed as U. S. v. Torre.) (U.S.S.C.) (259 F. 2d 545.) For facts, see IV DOCKET 2. U.S.S.C. denied certiorari.
42. State Courts
43. Other agencies
50. Criminal Sanctions
51. Disorderly conduct

51.3. NYC v. Press, Margolies and Lambrecht. (Upper Manhattan Magistrate's Ct.) Defs., from Socialist Labor Party and Young Socialist Alliance, given police summons for "littering" when attempting to distribute leaflets and newspapers at Unemployment Insurance office and Lewisohn Stadium. Issue: was distributed material "commercial" because it solicited subscriptions; was it "advertising" because it invited inquiries about SLP? Ct. granted Defs'. motion to dismiss, which Police Dept. did not oppose.

Marvin M. Karpatkin, Esq., 40 Exchange Place, NYC.

51.4. Talley v. City of Los Angeles. (Calif. Dist. Ct. of App., 2d Dist.) Def.-Director of Nat'l. Consumer Mobilization distributed handbills which did not identify author and distributor of material. Arrested under Los Angeles handbill ordinance, Def. convicted (2-1). Appeal pending.

Herbert Simmons, Esq., 343 W. Vernon, Los Angeles.

Amicus appearance by American Civil Liberties Union of Southern California.

52. Obscenity (see also 12, 14)

52.8. People of New York v. Shapiro, et al. (App. Div., Second Dept.)*
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52.9. Nebraska v. Nelson d/b/a Nelson News Co. (Nebraska Sup. Ct.)*
52.10. Nebraska v. Coren d/b/a Meyers News. (Nebraska Sup. Ct.)*
52.11. Nebraska v. Odorisio d/b/a General Distributing Co. (Nebraska Sup. Ct.)*
52.12. California v. Kistler. (Marin Co. Dist. Ct. of App.) For facts, see IV DOCKET 3. Appeal pending.
52.14. U. S. v. Aday. (SD Calif., N. Div., #3545.) Def. charged with mailing 11 allegedly obscene books. Before case submitted to jury, Gov't. dismissed as to 8 books. Trial judge permitted expert testimony by literary and psychiatric experts. Jury acquitted as to "The Rambling Maids"; disagreed (9-3 for acquittal) on "The Strange Three" and "Turbulent Daughters".

Stanley Fleishman, Esq., 1741 Ivar Ave., Hollywood.

52.15. Smith v. California. (U.S.S.C., #519.) Calif. ordinance punishes any person by imprisonment for innocent possession, in book store, of allegedly obscene book without proof of intent to sell. Def.-book dealer convicted under ordinance for possession of Tryon's "Sweeter Than Life". Issues: does ordinance violate First and Fourteenth Amdt. free press rights; was there denial of due process through trial ct's. refusal to permit Def. to prove book not obscene. Jan. 12, 1959: U.S.S.C. noted probable jurisdiction.

Stanley Fleishman, Esq., 1741 Ivar Ave., Hollywood.

52.16. California v. Steinberg. (Los Angeles Co., App. Dept., Cr. A 3793.) Facts and issues similar to Smith, 52.15, relating to magazine "Love and Passion under Hypnosis". Trial Ct. held magazine obscene. App. Dept. reversed, held trial ct. used proper standard re "obscenity", but reached wrong result, following Harlan, J. thinking that each obscenity case involves delicate questions of constitutional judgment.

Stanley Fleishman, Esq., 1741 Ivar Ave., Hollywood.

52.17. People v. Yekhtikian. (R.I. Sup. Ct.) Def. charged with violating 62 yr. old obscenity law, which prohibited sale of any obscene book or other matter tending to corrupt morals of youth. On authority of Butler v. Michigan, 352 U. S. 380, Ct. held R. I. law unconstitutional: while obscenity can be regulated, standard for sale to adults may not be that which tends to corrupt morals of youth.
52.18. Goldstein v. Commonwealth of Virginia. (Va. Sup. Ct., #4796.) (200 Va. 25, 104 S. E. 2d 66.) June, 1958: Va. S. Ct. held Va. Code Sec. 18-113 unconstitutional insofar as it prohibited sale of books and pictures tending to corrupt morals of youth, under U.S.S.C. decision in Butler v. Michigan.

Louis B. Fine, Esq., Law Bldg., 147 Granby St., Norfolk, Va.

54. Sedition (see also 241-4)

54.1. U. S. v. Powell, et al. (ND Calif. S. Div., #35065.) For facts, see IV DOCKET 3. Prior to trial prosecution notified Ct. and Defs. they did not intend to introduce evidence as to falsity of certain statements printed in China Monthly Review which indictment alleged to be false. Jan. 26, 1959: Ct., in summarizing issues made by indictment for jury, omitted these issues. U. S. attorney did likewise. Defense motion to dismiss on ground indictment had in effect been amended and changed substantially from that returned by Grand Jury denied. Jan. 29: Prosecution attempted to prove Defs.' magazine had been distributed in prisoner-of-war camps in North Korea and there used to indoctrinate American POW's. Defense objected: evidence outside issues made by indictment and outside scope of statute, 18 USC § 2388, which is limited to acts within U. S. and admiralty and maritime jurisdiction of U. S.

During argument, outside presence of jury, U. S. atty. observed that offered evidence would be admissible to prove treason. Ct. replied: "I would agree with you that the evidence so far presented in this case would be prima facie—I am not ruling on what a jury would do—would be prima facie sufficient to sustain a verdict of guilty under the treason statute. * * * It appears now that the evidence already introduced would be prima facie sufficient to support and sustain a verdict of guilty under 2381." Many newspapers and radio and TV news commentators told public judge had said Defs. were guilty of treason. Defs. made motion for mistrial. U. S. atty. did not oppose it, felt some prejudice might have been caused by newspaper coverage given Ct's. remarks.

Jan. 30: Ct. granted mistrial motion: U. S. Atty. filed complaint for treason against each of 3 Defts., requested they be held without bail pending return of indictment. Ct. released on own recognizance on treason complaint. No treason indictment yet field.

55. Picketing

55.2. New York v. Donegan. (NYC Sup. Ct., App. Div.)*
56. "Corrupt Practices"
57. Miscellaneous

57.1. People of New York ex rel. Hearn v. Muste, et al. (NY Ct. of App.)*
57.2. People of New York v. Peck, et al. (Spec. Sess., App. Term, NY Co.)*

And see cases at 120.

60. Civil Sanctions
61. Defamation
Law review article:

Jack H. Friedenthal and Richard J. Medalie, The impact of federal regulation on political broadcasting: Sec. 315 of Communications Act, 72 Harvard Law Rev. 445-493 (Jan. 1959).


61.1. Farmers' Educational and Cooperative Union of America, N. Dak. Div. v. Station WDAY and Townley. (U.S.S.C., #248.) (358 U. S. 810.) For facts, see IV DOCKET 4.* Edward S. Greenbaum, Esq., 285 Madison Ave., NYC.

Case notes:

107 U. of Pa. Law Rev. 280-286 (Dec. 1958).

37 Texas Law Rev. 114-117 (Nov. 1958).

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61.2. Lamb v. Sutton. (DC Tenn.) For facts, see IV DOCKET 4. Cite: 164 F. Supp. 928.

Case note:

12 Vanderbilt Law Rev. 301-303 (Dec. 1958).

61.3. Stover v. Central Broadcasting Co. (Iowa Dist. Ct., Polk Co.) Libel action field as result of broadcast by Def. charging Pl.-Pres. of Iowa Farmers Union with being Communist Party member and secret agent of Soviet Union seeking to organize farmers to force collectivization of U. S. farms. March 1959: after lengthy trial, jury held for Def.

George Cosson, Esq., 1014 Savings and Loan Bldg., Des Moines; Fred A. Outjes, Esq., Masin City, Iowa; Royal W. France, Esq., 154 Nassau St., NYC.

62. Injunctions in labor disputes
63. Other injunctions
90. Miscellaneous Freedom of Thought
FREEDOM OF RELIGION (100-199)
110. Separation of Church and State
Law review article:

Joseph A. Constanzo, Federal aid to education and religious liberty, 36 U. of Detroit Law Jour. 1-46 (Oct. 1958).


110.1. In re Application of Lewis and Klein v. N. Y. State Commr. of Education. (Spec. Sess., App. Term, Albany Co.)*
110.4. Squires, et al. v. City of Augusta, et al. (Maine Sup. Ct.)*
110.6. Schempp v. School Dist. of Abington Township. (DC Pa.) For facts, see IV DOCKET 4. Feb. 9, 1959: heard and submitted.
110.7. Baer, et al. v. Kolmorgen, et al., Bd. of Educ., Ossining School Dist., #1, (formerly entitled Pls. v. Ossining High School Bd. of Educ.) (NY Sup. Ct., White Plains.) For facts, see IV DOCKET 4. Dec. 16, 1958: Sup. Ct. Justice dismissed suit, held erection of creche was "an accommodation to a religious group * * * not per se unconstitutional." Leo Pfeffer, Shad Pollier and Will Maslow, Esqs., 15 E. 84th St., NYC.

Amicus appearances by American Jewish Congress, N. Westchester—Putnam Jewish Community Council, N Y Bd. of Rabbis, Westchester Ethical Culture Society.

120. Pacifists and Conscientious Objectors

120.2. Hanauer, et ano. v. Elkins, Pres., U. of Md. (U.S.S.C., #580.) (141 A. 2d 903.) For facts, see IV DOCKET 4. U.S.S.C. denied appeal.
120.8. Clark v. California Bd. of Education. (Sacramento Super. Ct.) 1954: Pl.-conscientious objecter, Unitarian Church member, denied C. O. status by draft bd. and cts. because of lack of belief in "supreme being". 1958: Pl. denied teaching credential solely for conviction of draft violation. Calif. Educ. Code provides teaching credential may be denied or revoked for act involving "moral turpitude", (undefined). Dec. 23, 1958: Ct. held for Pl.; "moral turpitude is not inherent" in draft violation.

J. B. Tietz, Esq., Los Angeles.

120.9. Re M. K. Barnhart. (Calif. Bd. of Education.) Facts and issues similar to Clark, 120.8. 1951: Pet.-Church of Brethren member denied conscientious objector status, refused to accept non-combatant status, found guilty of failure to submit to induction; 2 yr. sentence. Paroled after 9 months, entered College. March 18, 1959: administrative hearing on denial of teaching credential.

Amicus appearance by Am. Civil Liberties Union of N. Calif., 503 Market St., San Francisco.

120.10. U. S. v. McCrackin. (DC Ohio S. Div.) Def.-minister of Presbyterian-Episcopal Church refused to pay taxes after 1948 because part of money would be used for war preparation. Sept. 12, 1958: Def. refused to respond to summons from Internal Revenue Service. Fedl. agents carried Def. bodily to Cthouse. Nov. 7: indicted. Def. bodily carried to Ct., refused to rise to plead. Ct. granted Gov't. motion for psychiatric examination. Nov. 19: Def. released from Co. Jail on statement of 3 Drs. that he was mentally competent. Nov. 24: Def. jailed for contempt (indefinite sentence) for refusal to appear to plead to indictment.

Court-appointed counsel: Theodore M. Berry, Esq., Prof. Fred Dewey, University of Cincinnati Law School, both of Cincinnati.

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

130. Denial of Tax Exemptions

130.1. First Unitarian Church v. County of Los Angeles. (U.S.S.C.) For facts, see III DOCKET 69. Cite: 357 U. S. 513.

Case note:

12 Vanderbilt Law Rev. 275-277.

130.7. Ashbrook, et al. v. Town of Clarkstown and Village of Upper Nyack. (NY App. Div., 2d Dept.) Pl.-trustees of Fellowship of Reconciliation denied tax exemption on real property held for organization, sue for declaratory judgment. Defense: pacifism is illegal activity or against public policy. Ct. denied Pl's. motion. Feb. 25, 1959: App. Div. unanimously reversed, held F. O. R. religious organization entitled to tax exemption.

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

140. Miscellaneous Restrictions

140.7. Ohio v. Ullner. (U.S.S.C., #426.) (167 O. S. 521, 150 N. E. 2d 413.) Def.-owner of retail store convicted of violating Ohio "blue law" barring persons over 14 from working on Sunday or Saturday except for work of "necessity or charity". Ohio S. Ct. affirmed. Issue: Does statute violate First Amdt. guarantee of freedom of religion and result in illegal discrimination against persons of different religious sects. Dec. 8, 1958: U.S.S.C. denied certiorari.

Paxton and Seasongood, Esqs., 1616 Union Central Bldg., Cincinnati; Fitton, Pierce and Black, Esqs., 804 1st Natl. Bk. Bldg., Hamilton, Ohio.

Amicus appearance by Ohio Civil Liberties Union.

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140.9. Two Guys from Harrison v. N. J. Atty. Genl. Furman, City of Newark, et al. (N. J. Super. Ct.) For facts, see IV DOCKET 4-5.

John J. Clancy, Esq., 11 Commerce St., Newark, N. J.

140.10. Crown Kosher Super Market of Mass., Inc. v. Police Chief of Springfield. (DC Mass.) Issue: constitutionality of Mass. "Sunday" laws, particularly as applied to limit operations on Sunday of market offering kosher food (closed on Saturday for religious reasons.) Nov. 1958: Def's. motion to dismiss heard; evidence taken. Decision awaited.

Herbert B. Ehrmann, Esq., 50 Federal St., Boston.

Amicus briefs by Intl. Religious Liberty Assn., by Leo Pfeffer, Esq., 15 E. 84th St., NYC.; and by Southern New England Conf. of Seventh Day Adventists, by Howard S. Whiteside, Esq., 30 State St., Boston.

140.11. Noe v. Loyola University of New Orleans (Jesuits.) (CA DC.) Fedl. Communications Comm. granted Def. permission to operate TV channel. Pl. attacked grant on ground Def. run by Roman Catholic order, Society of Jesus, whose head was appointed by alien, contrary to statute. CA DC held for Pl.: hierarchical organization but legally and financially autonomous; Defs'. directors, all Jesuit priests, all U. S. citizens, not endangering "our national security". Amicus appearance by Protestants and other Americans United for Separation of Church and State.
ASSOCIATION: As affecting the organization itself (200-239)
200. Privileges
201. Meetings
202. Tax exemption

202.1. Communist Party v. Moysey. (U.S. Tax Ct.)*
203. N.L.R.B. Certification (See also 291)

203.3. U. S. v. Pezzati, et al. (DC Colo.) For facts, see IV DOCKET 5. Trial date: Sept. 21, 1959.

And see West, 291.20.

204. Continued existence (See also 213, 223)

204.1. Alabama et rel. Atty. Genl. Patterson v. N.A.A.C.P. (Ala. Sup. Ct.) For facts, see IV DOCKET 5. Feb. 12, 1959: Ala. Sup. Ct. reaffirmed $100,000 fine against Def.-organization, said U.S.S.C., in ruling Def. did not have to turn membership list over to Pl., assumed Def. had supplied other material subpoenaed. Ct. held, since Def. had not done so, fine stands.

Case note:

13 Rutgers Law Rev. 370-373.

204.1a. Alabama v. Mitchell and Patton. (Ala. Cir. Ct., Montgomery.)*
204.3. Williams, Ga. Revenue Commr. v. N.A.A.C.P., et al. (Ala. Sup. Ct.) For facts, see IV DOCKET 5. Nov. 13, 1958: Ala. S. Ct. denied Def's. writ of error.
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.) For facts, see IV DOCKET 5-6.*

Case note:

34 Notre Dame Law Rev. 127-130.

204.4a. N.A.A.C.P. Legal Defense and Educ. Fund v. Harrison. (Richmond, Va. Cir. Ct.) For facts, see IV DOCKET 6.* Thurgood Marshall, Esq., 10 Columbus Circle, NYC; Spottswood W. Robinson, Esq., 623 N. Third St., Richmond, Va.
204.5. N.A.A.C.P., Inc. v. Arkansas ex rel. Bennett, Atty. Genl. (Ark. S. Ct., #5-1593.) For facts, see IV DOCKET 6. Dec. 22, 1958: Ark. S. Ct. affirmed decision against Def.-organization, held State could collect annual franchise tax.
204.6. Arkansas v. N.A.A.C.P. (Cir. Ct., Pulaski Co.)*
204.7. Arkansas ex rel. Atty. Genl. v. N.A.A.C.P. (Cir. Ct., Pulaski Co.)*
204.8. Arkansas ex rel. Atty. Genl. v. N.A.A.C.P. Legal Defense and Educ. Fund. (Cir. Ct., Pulaski Co., #44,679.)*
204.9. Arkansas ex rel. Bennett v. N.A.A.C.P. Legal Defense and Educ. Fund. (Cir. Ct., Pulaski Co., #45,183.)*
204.10. Little Rock v. Bates, et al. (Ark. Sup. Ct.) For facts, see IV DOCKET 6. Dec. 22, 1958: Ark. Sup. Ct. upheld fines against Def.-N.A.A.C.P. officers for refusal to reveal membership lists and financial data in order to remain tax exempt organization.
204.11. Arkansas State Conference of Branches, N.A.A.C.P. v. Baldwin, et al. (ED Ark., #3454.)*
204.12. North Little Rock v. Fair. (Cir. Ct., Pulaski Co.)*

And see Aaron, 522.Ark3.

210. Compulsory Registration
211. 1950 Internal Security Act

211.1. Communist Party of the U. S. v. Subversive Activities Control Bd. (S.A.C.B.)*
211.2. Jefferson School v. S.A.C.B. (CA DC.)*
211.3. Labor Youth League v. S.A.C.B. (CA DC.)*
211.4. Natl. Council of American-Soviet Friendship v. S.A.C.B. (CA DC.) For facts, see IV DOCKET 7.*

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

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211.5. Rogers v. Civil Rights Congress. (SACB #106-53.) For facts, see IV DOCKET 7.*

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

211.6. Rogers v. Washington Pension Union. (SACB #114-55.)*
211.7. Haufrecht v. S.A.C.B. (re Am. Peace Crusade.) (SACB, #117-56.)*
211.8. Rogers v. California Labor School in San Francisco. (CA DC.)*
211.9. Rogers v. Am. Comm. for Protection of Foreign Born. (S.A.C.B.)*
211.10. Rogers v. California Emergency Defense Committee. (S.A.C.B.)*
211.11. Rogers v. Connecticut Volunteers for Civil Rights. (S.A.C.B.)*
212. 1954 Communist Control Act

212.1. Rogers v. Intl. Union of Mine, Mill & Smelter Workers. (S.A.C.B.)*
212.2. Rogers v. United Electrical, Radio & Machine Workers. (S.A.C.B.) For facts, see IV DOCKET 8. See suit filed by UE Local, 212.2a. March 24: Justice Dep't. announced abandonment of proceeding started in 1955 to label UE a "Communist-infiltrated union". Reason given: unavailability of certain key witnesses.
212.2a. UE Local 259, et al. v. McCullough, et al. (CA DC, #14594.) Four UE Locals sued to dismiss S.A.C.B. proceeding against UE, 212.2, and to enjoin holding hearings because Locals were indispensable parties, subject to injuries from allegations in Atty. Gen'l's petition without notice or opportunity to defend. DC DC issued temporary restraining order, then dismissed suit. Dec. 12, 1958: CA DC affirmed: action premature, altho S.A.C.B. hearing may be fatally defective if Pls. are right. Petition for certiorari filed; Dept. of Justice abandoned S.A.C.B. proceeding against UE, 212.2.

Allan R. Rosenberg, Esq., 209 Washington St., Boston; David Cohen, Esq., 1700 Commercial Trust Bldg., 165 Broad St., Philadelphia.

213. State Laws

213.3. Wikler, NY Supt. of Insurance, as Liquidator of Intl. Workers Order, Inc. v. City Terrace Cultural Center. (Calif. Sup. Ct.) Action by Pl. for possession of bldg. claimed to have been property of UPFO lodge of IWO. Def's. demurrer sustained without leave to amend on due process grounds. Appeal pending before Calif. Sup. Ct.

Ben Margolis, Esq., 112 W. 9th St., Los Angeles.

220. Listing
221. By the Attorney General of the United States

221.5. Rogers v. Californians for the Bill of Rights. (Dept. of Justice.)*
221.6. Rogers v. Natl. Council of Arts, Sciences and Professions. (Dept. of Justice.)*
222. By Congressional Committees

222.1. Wheeldin v. Wheeler, et al. (CA 9.) Aug. 28, 1958: Pl.-reporter filed motion to quash subpoena of House UnAmerican Activities Committee and for $20,000 damages, alleging issuance of Comm. subpoena subjected him to "public shame, disgrace and ridicule, and falsely stains with the stamp of disloyalty". DC dismissed action against Def.-agents of Comm. on ground damage suits must be filed in state cts. Appeal pending.

A. L. Wirin, Esq., for American Civil Liberties Union of Southern California, 257 S. Spring St., Los Angeles.

222.2. Burton v. Wheeler, et al. (Fullerton Muni. Ct., Calif.) Pl.-reporter fired from job when subpoenaed by House UnAmerican Activities Comm. Pl. alleges Comm. knew he was former member of Communist Party who would not inform on other. Other facts and issues similar to Wheeldin, 222.1. Pending in Dist. Ct. on Def's. motion to dismiss.

And see cases at 271.

223. By State authorities

223.1. Luscomb v. Bowker, et al. (Suffolk Co. Ct.)*
223.2. Tormey v. Bowker, et al. (Suffolk Co. Ct.)*
ASSOCIATION: As affecting members (240-299)
240. Criminal Penalties for Membership
241. Smith Act: conspiracy

241.8. Bary, et al. v. U. S. (DC Colo.) (248 F. 2d 201.) For facts, see IV DOCKET 9. Prior to retrial date, defense filed writ of prohibition on ground entire indictment invalid because "organizing" charge of conspiracy barred by statute of limitations. Jan 15, 1959: CA 10 denied writ (2-1). Jan. 22: petition for certiorari and motion to stay trial filed in U.S.S.C.; Jan. 27: Justice Whittaker denied stay. Jan. 28-Mar. 11: trial before jury.

Court-appointed counsel: Wm. A. Bryans, III, Esq., Gas and Elec. Bldg.; Forrest O'Dell, Esq., Symes Bldg.; John Brooks, Jr., Esq., Margaret R. Bates, Esq., John R. Evans, Esq., all of Denver Club Bldg.; Ira C. Rothgerber, Jr., Esq., First Natl. Bank Bldg., all of Denver.

John J. Abt, Esq., 320 Broadway, NYC.

241.9. Brandt, et al. v. U. S. (ND Ohio, E. Div.)*
241.11. Jackson, et al. v. U. S. (CA 2.) For facts, see IV DOCKET 9. Cite: 247 F. 2d 830.
242. Smith Act: mere membership

242.1. Lightfoot v. U. S. (DC Ill.)*
242.2. Scales v. U. S. (U.S.S.C., #488.) (260 F. 2d 21.) For facts, see IV DOCKET 9. Dec. 15, 1958: U.S.S.C. granted certiorari.

Telford Taylor, Esq., 400 Madison Ave., NYC; McNeill Smith, Esq., Greensboro, N. C.

242.3. Blumberg v. U. S. (DC Pa.)*
242.4. Noto v. U. S. (U.S.S.C.) For facts, see IV DOCKET 9. Jan. 23, 1959: petition for certiorari filed.
- 45 -

242.5. U. S. v. Weiss. (ND Ill. E.D.)*
242.7. U. S. v. Russo. (DC Mass.)*
242.8. U. S. v. Hellman. (CA 9.) For facts, see IV DOCKET 9.

Robert A. Poore, Esq., Silver Bow Block; Charles L. Zimmerman, Esq., Phoenix Block, both of Butte, Montana.

243. 18 U.S.C. 2384
244. State laws
Case note:

Supercession of state sedition laws by federal legislation, 11 U. of Fla. Law Rev. 224-234 (Summer 1958).


244.5. Louisiana v. G. and J. Jenkins. (La. S. Ct., #43,809.) For facts, see IV DOCKET 9. Dec. 15, 1959: La. S. Ct. affirmed judgment on authority of Pa. v. Nelson, 350 U. S. 497; charges dismissed.
250. Civil Disabilities: Federal
251. Federal employment

251.9. Vitarelli v. Seaton. (U.S.S.C., #101.) (358 U. S. 871.)*
251.10. Coleman, et al. v. Brucker. (CA DC.) For facts, see IV DOCKET 10. Cite: 257 F. 2d 661.
251.14. Leiner v. U. S. (U. S. Ct. of Claims.) Pl.-employee removed from non-sensitive position in Post Office under P.L. 733, Exec. Order 10450. Sec. H'g. Bd. held for Pl.; Postmaster Genl. held against Pl. Oct. 8, 1958: Ct. of Claims held Pl. entitled to back pay upon reinstatement as result of U.S.S.C. decision in Cole, 351 U. S. 536.
251.30. Jackson v. Allen Industries, Inc. (U.S.S.C.) Pl.-Gov't. employee dismissed on security grounds. Suit for damages field against Def., Pl. alleging 2 of Def's. employees made statements to FBI tending to create question of Pl's. loyalty. DC refused to enforce subpoena duces tecum to compel production in Ct. of FBI documents and records; dismissed suit. CA 6 affirmed. Petition for certiorari pending.
251.50. Steinberg v. U. S. (U. S. Ct. of Claims.) 1951: Pl. retired from Gov't. service, received annuity payments. 1954: subpoenaed before grand jury, claimed privilege against self-incrimination. When Pl. indicated, annuity suspended. Pl. acquitted. July 16, 1958: U. S. Ct. of Claims held for Pl.: 5 USC 740, sec. 2a unconstitutional in providing annuity or retired pay of former Gov't. officers or employees shall be terminated if such employee claims privilege in proceeding before grand jury, U. S. Ct. or Congressional committee.

And see cases at 268.

252. Deprivation of passport rights, right to travel
Comment:

Passports: at the brink of the Constitution, 47 Georgetown Law Jour. 142-161 (Fall 1958).

Passport denial as a security measure, 43 Minn. Law Rev. 126-137 (Nov. 1958).

Beliefs, associations and passports: recent cases and proposed legislation, 27 George Washington Law Rev. 77-103 (Oct. 1958).


252.21. Kent v. Dulles. (U.S.S.C.) For facts, see III DOCKET 71-2. Cite: 357 U. S. 116.

27 Fordham Law Rev. 426-429 (Autumn 1958);

57 Mich. Law Rev. 119-122 (Nov. 1958);

36 U. of Det. Law Jour. 85-88 (Oct. 1958);

33 Tulane Law Rev. 224-229;

12 Vanderbilt Law Rev. 277-280.

252.23. Leff v. Dulles. (DC DC.)*
252.27. Worthy v. Dulles. (CA DC.) For facts, see IV DOCKET 10. Appeal argued in March.

William M. Kunstler, Esq., 511 Fifth Ave., NYC.

252.28. Frank v. Dulles. (CA DC.) Pl.-author brought suit to strike limitation in his passport against travel in China. March 24: DC DC granted Gov't's. motion for summary judgment after CA DC directed DC to make decision promptly. Appeal pending.

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

252.29. Re Rev. McKenna, et al. (Dept. of State, Passport Appeals Bd.) Respondent's passports invalidated because of travel in China in 1957, restricted area under their passport provisions. H'g. Officer, Passport Office denied passport facilities to Resp. Appeal pending.

Stanley Faulkner, Esq., 9 E. 40th St., and Leonard B. Boudin, Esq., 25 Broad St., both of NYC.

252.30. Re Jerome. (Dept. of State, Passport office.) 1955: Resp. traveled to U.S.S.R., Poland, Czechoslovakia, then restricted areas. Passport invalidated. Resp's. application for new passport pending.

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

252.51. U. S. v. Bigelow, et al. (CA 9.)*
252.52. U. S. v. Reynolds. (CA 9.)*

And see Pauling, 490.4.

253. Unfavorable Army discharges
Case notes:

"Final" determination by Secy. of Army held reviewable by courts (Harmon v. Brucker, 355 U. S. 579, III DOCKET #253.4):

33 St. John's Law Rev. 133-136;

47 Georgetown Law Jour. 185-188 (Fall 1958).


253.9. Olenick v. Brucker. (DC DC.)*
253.10. Re X. (Army Reserve Review Bd.) X served in US Army, discharged into inactive reserves. Army instituted security proceedings based on X's membership in Chinese American Youth Club, organization not on Atty. Gen'l's list (see 221.), which Army alleges "supports and serves interests of People's Republic of China and U.S.S.R. in preference to interests of U. S." X given opportunity to request discharge in lieu of further proceedings, with "general discharge" promised, but request would be considered
- 46 -

admission of truth of charges "unless satisfactorily refuted." Pending.

Ernest Besig, Esq., Am. Civil Liberties Union of N. Calif., 503 Market St., San Francisco.

253.50. Dr. Erdreich v. U. S. (U.S. Ct. of Claims.) Army commission denied Pl.-Dr. for security reasons. Action pending for difference in pay between that of Pvt. and commissioned rank to which Dr. was entitled.

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

253.51. Dr. Belsky v. U. S. (U.S. Ct. of Claims.) Facts, issues and status similar to Dr. Erdreich, 253.50.

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

254. Deprivation of veterans disability payments

254.1. Wellman v. Whittier, Admr. Veterans Affairs. (CA DC.) (259 F. 2d 163.) For facts, see IV DOCKET 10-11. Dec. 23, 1959: VA restored payments.
254.2. Thompson v. Veterans Admin. (VA Bd. of App.)*
255. Deprivation of Social Security rights

255.1. Nestor v. Flemming. (DC DC., #1154-58.) March 1956: Pl., covered under Social Security since 1930s, awarded social security benefits. July 1956: ordered deported for past membership in Communist Party, ending in 1939. Sept. 1956: old age benefits terminated, under 42 USC 402(n), Sec. 202(n), enacted 1954. Issue: section unconstitutional as ex post facto law and bill of attainder, in violation of First and Fifth Amdt. Jan. 15, 1959: DC held for Pl., found statute unconstitutional as violation of due process of law.

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

256. Deprivation of housing rights
257. Deprivation of Federal licenses

257.3. In re Application of Borrow for Renewal of Radio Operator's License. (F.C.C.) For facts, see IV DOCKET 11. Intermediate report denied application. Appeal to full Commission pending.
257.4. In re Johnson. (F.C.C.)*
257.5. In re Cronan. (F.C.C.)*
258. Deportation proceedings (see also 358)
Law review article:

Jack Wasserman, The universal ideal of justice and our immigration laws, 34 Notre Dame Lawyer 1-20 (Dec. 1958).


258.2. Re Janosco. (Immigration and Naturalization Service.) For facts, see IV DOCKET 11. Hg. officer dismissed deportation proceeding.

Marshall Ross, Esq., 510 S. Spring St., Los Angeles.

258.5. Diaz v. Barber. (CA 9, #15,214.) Deportation proceeding filed against Def., Spanish alien, for "past connections with the Communist party". DC held against Def. Nov. 21, 1958: CA 9 reversed: "the proof, by the standards of Rowoldt, 355 U. S. 115, as against this old and somewhat uneducated laborer, does not show the `meaningful association' as required by the majority in Rowoldt."

George Andersen, Esq., 240 Montgomery St., San Francisco. And see cases at 358.30.

259. Denaturalization and Naturalization proceedings (see also 358)
Case note:

Proof of attachment to the Constitution (Nowak v. U. S., 356 U. S. 660, III DOCKET #259.1, at 72-3):

13 Rutgers Law Rev. 361.5.


259.4. U. S. v. Polites. (CA 6.) For facts, see IV DOCKET 11. DC held against Def. Appeal pending.
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., King Co., #490844.)*
261.3. Hehir v. NYC Transit Authority, NY State Civil Service Commission, et ano. (N.Y. Sup. Ct., Kings Co.)*
261.5. Reif v. NYC Dept. of Hospitals. (NY Co. Sup. Ct., Spec. Term, Part One.)*
261.7. Crowe v. County of Wayne, Mich. (Cir. Ct. Wayne Co.)*
261.9. Wolstenholme v. Oakland Library Bd. (Calif. Dist. Ct. of App.)*
262. Teaching (see also 267 and 342)
See law review articles cited at 280.
262.1. De Groate, et al. v. Long Beach Unified School Dist. (Los Angeles Super. Ct.)*
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.)*
263.2. Re Albertson. (NY Sup. Ct., App. Div. 3d Dept.)*

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.)*
265.4. In re Schlesinger. (Allegheny Co. Common Pleas Ct., Pa.) For facts, see IV DOCKET 12.

John Buchanan, Esq., 13th flr., Alcoa Bldg.; Charles F. C. Arensburg and Richard Tucker, Esqs., both 1404 First Natl. Bank Bldg.; Thomas Griggs, Esq., 1707 Henry W. Oliver Bldg.; Louis Caplan, Esq., 1121 Frick Bldg.; James C. Kuhn, Esq., 1314 Frick Bldg.; John Tabor, Esq., 1130 Oliver Bldg.; Louis Glasco, Esq., The Plaza Bldg., all of Pittsburgh, Pa.

265.5. In re Steinberg. (Allegheny Co. Common Pleas Ct., Pa.)*
- 47 -

265.21. Konigsberg v. State Bar of California and Comm. of Bar Examiners. (Calif. Supreme Ct.) For facts, see IV DOCKET 12-13. Argument of appeal rescheduled for spring, 1959.
265.23. Re Anastaplo. (Comm. on Character and Fitness, 1st App. Ct. Dist. of Ill.) For facts, see IV DOCKET 13. Feb.-May 1958: Comm. held hearings; decision awaited.

George Anastaplo, pro se., 6030 Ellis Ave., Chicago.

265.24. Matter of Knobel. (NY Ct. of App.) Applicant for admission to NY bar refused, on constitutional grounds, to answer questions about Communist affiliations. 1952: App. Div., 2d Dept. denied admission, as lacking in "character and fitness". No appeal taken. After U.S.S.C. decision in Konigsberg, 353 U. S. 252, made new application; denied. Jan. 12, 1959: heard and submitted to NY Ct. of App.: question of jurisdiction raised—is last order final?

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

265.25. Marshall v. State Bar of California and Comm. of Bar Examiners. (Calif. Sup. Ct.) Nov. 1, 1958: Pet.-law student filed application to take bar examination in Sept. 1959. Def.-Comm. refused to accept application because Pet. failed to answer question 6, re his political beliefs and affiliations, claiming these violated First and Fifth Amdt. rights. Def.-Comm. refused to permit Pet. to take exam. without prejudice to Comm's. right to then determine Pet's. moral qualifications. Pet's. suit for review pending in Calif. S. Ct.

Daniel G. Marshall, Esq., 4041 Marlton Ave., Los Angeles.

266. Deprivation of right to tax exemption

266.1. Speiser v. Randall and Foley. (U.S.S.C.) For facts, see III DOCKET 69. Cite: 357 U. S. 513.

Case note in:

12 Vanderbilt Law Rev. 275-277.

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.)*
268.1b. Homer v. Richmond. (DC DC.)*
268.3a. Dupree v. U. S. (CA 3.)*
268.5a. Dressler v. Wis. Emp. Relations Bd. (Wis. Sup. Ct.) For facts, see IV DOCKET 13. Feb. 3: Wis. Sup. Ct. affirmed dismissal of Pl's. petition, held union member, not being party to contract between Union and Co., not entitled to petition ct. for review of state labor bd. decision which dismissed claim that Co. had committed unfair labor practice in refusing to arbitrate his discharge.
268.5b. Dressler v. McElroy, et ano. (DC DC.)*
268.7. Kreznar v. Wilson. (DC DC.)*
268.9. Bessell v. Eastern Industrial Personnel Security Hearing Bd. (CA 3.) For facts, see IV DOCKET 14. CA 3 affirmed dismissal of complaint, case closed.
268.10. Berman, et al. v. Nat'l. Maritime Union, et al. (SD NY.) For facts, see IV DOCKET 14. On reargument, Defs'. motion to dismiss denied.
268.11. Lundquist v. Marine Engineers Beneficial Assn., Local 97. (Calif. Super. Ct., San Francisco.)*
268.12. Greene v. McElroy. (U.S.S.C., #180.)

Amicus brief filed by American Civil Liberties Union by David I. Shapiro, Esq. and John Carey, Esq., of NYC, and Rowland Watts, staff counsel, A.C.L.U., 170 Fifth Ave., NYC.

Case notes:

10 Stanford Law Rev. 335;

32 Tulane Law Rev. 313;

46 Calif. Law Rev. 828-831.

268.13. Taylor v. McElroy. (U.S.S.C., #504.) Pl.-tool-maker at Bell Aircraft fired after Industrial Personnel Security Rev. Bd. of Defense Dept. revoked his security clearance on information supplied by six unidentified informants that he had been Communist Party member 1942-43, on authority of 1947 Armed Services Procurement Act and Executive Orders 10501 and 10290. DC DC dismissed Pl's. action for re-instatement. Dec. 11, 1958: U.S.S.C. granted certiorari, before CA had acted; to be argued with Vitarelli, 251.9, Greene, 268.12. Secy. of Defense thereafter held Pl. entitled to clearance, his access to secret information "is in national interest". Solicitor Genl. moved for dismissal of appeal; Pl's. counsel opposes motion, since case raises issues not involved in Greene and Vitarelli.

Joseph L. Rauh and John Silard, Esqs., 1631 K St., NW, Washington, D. C.; Harold A. Cranefield, Esq., 8000 E. Jefferson Ave., Detroit, Michigan; Richard Lipsitz, Esq., Buffalo.

Amicus brief by American Civil Liberties Union, 170 Fifth Ave., NYC.

268.14. Brawner and Cafe and Rest. Workers Union, Local 743 v. McElroy. (CA DC.) Pl.-restaurant worker lost security clearance for access to U. S. Naval Gun Factory, sues for reinstatement, alleging Def. issued undisclosed security regulations, did not inform Pl. of evidence upon which decision based. DC dismissed complaint. Appeal pending.
268.15. Spector v. Sperry Gyroscope Co. (CA DC.) 1954: Pl. discharged by Def. as security risk. H'g. Bd. held hearing. Defense Dept. declined to furnish Pl. copy of Bd's. conclusions, on request, contrary to its own regulations. DC DC held for Def.: refusal to furnish copy justified to protect classified information; dismissed. Appeal pending.
268.16. Klimas v. Sperry Gyroscope Co. (Defense Dept.) Pl.-employee discharged as result of Gov't. listing her as security risk because she had relatives in Poland with whom she corresponded. On appeal Defense Dept. granted Pl. clearance, holding, on facts available, Pl's. access to classified defense information no hazard to national security.

Irving Abramson, Esq., 19 W. 44th St., NYC.

- 48 -

269. Private employment—Other

269.1. Faulk v. AWARE, Inc., et al. (Sup. Ct., N.Y. Co.)*
269.1a. Iverson v. Seattle Gas Co. (Super. Ct., King Co., Washington, #471046.) For facts, see IV DOCKET 14. Case settled; amount of settlement unspecified.
269.2. Allen v. Local 1976, Carpenters Union-AFL-CIO. (Calif. Sup. Ct.) For facts, see IV DOCKET 14. Jan. 14: heard and submitted.
269.4. New Orleans Newspaper Co. v. The Item Co. (U.S.S.C., #330.) For facts, see IV DOCKET 14-15. U.S.S.C. denied certiorari; judgment of CA 5 for Pl. is final.
269.5. Asselin v. General Motors Corp. and UAW-CIO. (Genesee Co. Cir. Ct.) For facts, see IV DOCKET 15. Ct. granted Defs'. motion to dismiss.
270. Criminal Penalties for Non-disclosure (see also 330)
271. Congressional Committees

271.5. U. S. v. Davis. (CA 6.)*
271.6. U. S. v. Watson. (CA DC.) For facts, see IV DOCKET 15. Correction: House Comm. on Un-American Activities not investigating "communism in Phila. schools", but political affiliations of individual teachers.
271.7. U. S. v. Barenblatt. (U.S.S.C.)*
271.9. U. S. v. Russell. (CA DC., #13529)*
271.10. U. S. v. Deutch. (CA DC.)*
271.11. Sacher v. U. S. (252 F. 2d 828, rev'd. 356 U. S. 576.) For facts, see III DOCKET 74.

Case note:

11 Stanford Law Rev. 164-173.

271.12. U. S. v. Gojack. (CA DC.)*
271.13. U. S. v. Metcalf. (SD Ohio.)*
271.15. Shelton v. U. S. (CA DC.)*
271.16. U. S. v. Whitman. (DC DC.)*
271.17. Knowles v. U. S. (CA DC.)*
271.19. Price v. U. S. (CA DC.)*
271.22. U. S. v. Miller. (CA DC.) For facts, see IV DOCKET 16. Cite: 259 F. 2d 187.
271.23. U. S. v. Sullivan. (SD NY., #152-238.)*
271.24. U. S. v. Yarus aka Tyne. (SD NY., #15586.)*
271.25. U. S. v. Seeger. (SD NY.)*
271.27. U. S. v. Hartman. (ND Calif.) For facts, see IV DOCKET 16. Trial: March 4, 1959.

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

271.28. U. S. v. Grumman. (DC DC.)*
271.29. U. S. v. Silber. (DC DC.)*
271.30. U. S. v. Feuer. (ED La., #26,322.)*
271.31. U. S. v. Wilkinson. (DC Ga.) Def. indicted for contempt for refusal to answer any questions re political beliefs or affiliations on ground of lack of authority of Un-American Activities Comm. to hold any hearings, as on "communism in the south." Jan. 1959: convicted after jury trial; 1 yr. sentence. Appeal pending.

Rowland Watts, Esq., for Am. Civil Liberties Union, 170 Fifth Ave., NYC.

271.32. U. S. v. Braden. (DC Ga.) Def. indicted, convicted, sentenced to 1 yr. in same hearing as Wilkinson, 271.31, for refusal to answer questions re political affiliations on First Amendment grounds.

John M. Coe, Esq., 205 Bell Bldg., Pensacola, Fla.; C. Ewbank Tucker, Esq., 422 S. 6th St., Louisville, Ky.; Leonard B. Boudin, Esq., 25 Broad St., NYC.

272. State committees
And see cases at 223.
272.1. Sweezy v. New Hampshire. (354 U. S. 234.) For facts, see II DOCKET 13, 73.

Case note in:

32 N.Y.U. Law Rev. 1302-1308 (Nov. 1957).

272.2. New Hampshire v. Uphaus. (U.S.S.C., #778.)*
272.3. New Hampshire by Wyman v. De Gregory. (U.S.S.C., #7 Misc.) For facts, see IV DOCKET 16.

James C. Cleveland, Esq., 4 Park St., Concord, N. H. 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.) For facts, see IV DOCKET 16-17.

Oliver W. Hill, Esq., 118 E. Leigh St., Richmond, Va., and Robert L. Carter, Esq., N.A.A.C.P., 20 W. 40th St., NYC. And see cases at 204 and 213.

272.7. Scull v. Va. Comm. on Offenses against Administration of Justice. (U.S.S.C.)*
272.8. Perry, et ano, v. Florida Legislative Comm. (Fla. S. Ct.) For facts, see IV DOCKET 17. Oct. 7, 1958: appeal dismissed for want of prosecution.

G. E. Graves, Jr., Esq., 802 N. W. 2d Ave., Miami, Fla.; Robert L. Carter, Esq., N.A.A.C.P., 20 W. 40th St., NYC.

272.9. In re Petition of Graham. (Fla. Sup. Ct.) (104 So. 2d 16.) 1958: Fla. Circuit Ct. denied motion to quash subpoena of Fla. Legislative Investigation Committee ordering N.A.A.C.P. to produce its records and membership lists. 1958: Fla. Sup. Ct. sustained denial of motion to quash, held it was premature to raise question whether subpoena violates First and Fourteenth Amendments before inquiry starts or improper questions are asked.

Appearance by Miami Chapter, American Civil Liberties Union.

- 49 -

273. Legal and administration tribunals

273.6. Brunner v. Orange Co. Super. Ct. (Calif. Sup. Ct.) Def.-attorney ordered by Pl.-Ct. to identify client who consulted him re taxpayer's suit filed against City and private company. Def. refused to make identification, threatened with contempt citation. Dist. Ct. of App. denied Def's. petition for writ of mandate and prohibition. Issue: is this information protected by attorney-client privilege? Appeal pending.

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

274. Refusal to produce records

274.1. Flaxer v. U. S. (U.S.S.C.) For facts, see IV DOCKET 17. Dec. 15, 1958: U.S.S.C. reversed unanimously, held no contempt committed as set forth in indictment.
274.3. McPhaul v. U. S. (CA 6.)*
280. Civil Penalties for Non-disclosure (see also 340)
Law review articles:

John P. Miller, Constitutionality of efforts to dismiss public school teachers for loyalty reasons, 42 Marquette Law Rev. 215-236 (Fall 1958).

Thomas A. Cowan, Interference with academic freedom: the pre-natal history of a tort, 4 Wayne Law Rev. 205-227 (Summer 1958).

Resolution by Members of Staff:

Student-faculty relations and academic freedom, 7 U. of Calif. Staff Bulletin No. 14 (Nov. 10, 1958).


280.1. Savelle and Nostrand v. U. of Wash, et al. (Wash. Sup. Ct.)*

And see cases at 221.

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

and

280.4. Matter of N.Y. Bd. of Higher Education v. Allen, Hughes, et al.

and

280.5. Matter of N.Y. Bd. of Education v. Allen, et al. (NY Ct. of App.) For facts, see IV DOCKET 17-18. March: heard and submitted.

Amicus brief by New York City Chapter, National Lawyers Guild, by Harold Kozupsky, Esq., 140 Nassau St., and Robert Silk, Esq., 34 Park Row, both of NYC.

280.8. Allen v. Office Employees Intl. Union, et al. (Washington Sup. Ct., #34595.) (152 Wash. 750.) For facts, see IV DOCKET 18. Aug. 28, 1958: Wash. Sup. Ct. held: where complaint alleged expulsion from union and consequent damages in employment opportunity because member refused to answer questions as to membership in Communist Party, a cause of action stated as against demurrer. Ct. did not decide whether a union as a "voluntary association may adopt a constitutional provision, or by-law, making the invoking of the 5th Amendment by a member a ground for expulsion * * *". No such specific provision was involved in this case. Ct. stated: "a member of a voluntary association may be expelled only on grounds contained in the constitution and by-laws of such organization."
280.10. Wirin v. Jordan. (Los Angeles Super. Ct.) Test case challenging validity of Levering Act loyalty oath required of public employees as applied to applicant for notary public commission. Pending.

A. L. Wirin, Esq., 257 S. Spring St., and Abraham Gorenfeld, Esq., 510 S. Spring St., both of Los Angeles.

Amicus appearance by American Civil Liberties Union of Southern California.

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

Validity, construction, and effect of provision of Labor Management Relations Act requiring officers of labor organization to file non-communist affidavits, 2 Law Ed. 2d 1765.


291.1. Jencks v. U. S. (353 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.)*
291.5. Lohman v. U. S. (SD Ohio.)*
291.6. U. S. v. Killian. (CA 7, #12407.)*
291.7. U. S. v. Fred and Marie Haug. (ND Ohio, ED.)*

And see West, 291.20.

291.8. U. S. v. Fisher. (U.S.S.C.) (254 F. 2d 302, 358 U. S. 895.) For facts, see IV DOCKET 18. Nov. 17, 1958: U.S.S.C. denied petition for certiorari. Def. taken into custody; motion to reduce sentence under Rule 35 pending.
291.20. U. S. v. West, Haug, et al. (CA 6.) For facts, see IV DOCKET 18. Nov. 1958: testimony taken on motion for new trial from Gov't. witness Gardner and others. Jan. 1959: DC denied motion for new trial. Consolidated appeal from trial conviction and denial of motion for new trial pending.
292. Government Security Questionnaires
293. Miscellaneous

293.1. N. Y. v. Carman. (NY Sup. Ct., App. Div., 1st Dept.) May 1955: Def.-investigator for Welfare Dept. under oath denied Communist Party membership or attendance at meetings when questioned by Dept. examining inspector. Indicted for perjury: convicted. Issues: 1) under NY Security Risk Law may dep'tal inspector put under oath person not shown to have any connection with public office or dept. and ask questions re his political beliefs; 2) must conviction be reversed because not made on any occasion in which oath required by law within NY Penal Code, sec. 1620? Appeal pending.

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

Amicus brief by NY Civil Liberties Union, by Montague Casper, Esq., 26 Broadway, NYC., and NYC Chap. Natl. Assn. of Social Workers.

- 50 -

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

Law review articles:

B. J. George, Jr., Scientific investigation and defendants' rights, 57 Mich. Law Rev. 37-55 (Nov. 1958).

Francis A. Allen, The Supreme Court and state criminal justice, 4 Wayne Law Rev. 191-204 (Summer 1958).

James E. Hogan and Joseph M. Snee, The McNabb-Mallory rule: Its rise, rationale, and rescue, 47 Georgetown Law Jour. 1-46 (Fall 1958).

Milton M. Carrow, Governmental nondisclosure in judicial proceedings, 107 U. of Pa. Law Rev. 166-198 (Dec. 1958).

Case notes:

Federal habeas corpus review of state conviction: an interplay of appellate ambiguity and district court discretion (U. S. ex rel. Rogers v. Richmond, 154 F. Supp. 663, 252 F. 2d 807, CA 2, cert. den. 357 U. S. 220, 1958).

68 Yale Law Rev. 98-112 (Nov. 1958).

37 Texas Law Rev. 104-108 (Nov. 1958).

300. Searches and Seizures
Articles:

Harold Norris, Arrest without warrant, The Crisis (N.A.A.C.P. Monthly), pp. 481-486 (Oct. 1958).

Detroit Branch, N.A.A.C.P., Police brutality—Study of complaints in Detroit, The Crisis, pp. 487-491 (Oct. 1958).

Case notes:

Search and seizure (U. S. v. McDaniel, 154 F. Supp. 1, DC DC), 4 New York Law Forum 439-443 (Oct. 1958).

Evidence obtained by state officers as a result of an unreasonable search and seizure which violates the Fourteenth Amendment is inadmissible in a federal court. (Hanna v. U. S., #14462, DC DC, Oct. 2, 1958), 47 Georgetown Law Journal 407-411.

301. Wiretapping
Annotation:

Evidence obtained by wire tapping, admissibility, 2 Law Ed. 2d 1603.

Law review articles:

Peter M. Brown and Richard S. Peer, The wiretapping entanglement: How to strengthen law enforcement and preserve privacy, 44 Cornell Law Quar. 175-185.

Wire-tapping—America's notorious three-party line, 10 West. Reserve Law Rev. 162-170.

Wire-tapping—A definition of "interception", "divulgence", "use", "consent of the sender" and "persons prohibited" since the Nardone Case, 8 De Paul Law Rev. 86-99.

Case notes:

State court will reject applications by law enforcement officials for statutory wiretap permits because all interception is prohibited by federal statute (Matter of Interception of Tel. Communications. 9 Misc. 2d 121, 170 N.Y.S. 2d 84, 1958), 44 Va. Law Rev. 1179-1181 (Nov. 1958).

Wiretapping intrastate telephonic communications: A criminal offense and a rule of evidence. (U. S. v. Gris, 247 F. 2d 860, CA 2, 1957), 11 Okla. Law Rev. 460-461.


301.4. Pennsylvania v. Voci. (U.S.S.C., #367.) (143 A. 2d 652.) 1956: DC denied Def's motion to suppress evidence based on wiretapped conversation in pending state ct. action. Pa. S. Ct. held Fedl. Communications Act does not bar Pa. ct's. admission of wiretap evidence. Nov. 10, 1958: U.S.S.C. denied certiorari.

Case note in:

4 Villanova Law Rev. 142-144 (Fall 1958).

301.6. U. S. v. Benanti. (355 U. S. 96.) For facts, see III DOCKET 11, 53.

Case note in:

37 N. C. Law Rev. 88-91.

Case note:

Due process and the attorney-client privilege (Lanza v. NY State Joint Legis. Comm. on Gov't. Operations, 3 N.Y. 2d 92, 143 N. E. 2d 772, cert. den. 355 U. S. 856, III DOCKET 11, 53, #301.7), 32 N.Y.U. Law Rev. 1309-1314 (Nov. 1957).

302. Other Federal cases

302.4. Draper v. U. S. (U.S.S.C., #136.) For facts, see IV DOCKET 19. Jan. 26, 1959: U.S.S.C. affirmed; Douglas, J. dissenting, Warren, Ch. J. and Frankfurter, J. not sitting.
302.6. Local 107 v. McClellan, et al. (DC DC.)*
302.8. Joines v. U. S. (M.D. Pa.) (246 F. 2d 278, 357 U. S. 573.) For facts, see IV DOCKET 19. Def's conviction affirmed on reconsideration. Nov. 10, 1958: U.S.S.C. denied certiorari.

Judson E. Ruch, Esq., York, Pa.; R. Palmer Ingram, Esq., Baltimore, Md.

302.9. U. S. v. Abel. (U.S.S.C.) (258 F. 2d 485.) For facts, see IV DOCKET 19. U.S.S.C. granted certiorari, heard argument.
302.10. Hanna v. U. S. (CA DC.) For facts, see IV DOCKET 19. Cite: 260 F. 2d 723.
302.11. Wirin v. Hilden, et al. (SD Calif.) Near midnight, April 20, 1958, Pl.-atty. stopped near US-Mexican border as part of Immigration and Naturalization Service regular border blockade to apprehend illegal immigrants. Def. alleges he was illegally detained, questioned, car and personal effects illegally searched and rights of privacy violated. $10,500 damage action filed with request for permanent injunction against Service. Transferred from San Diego Super. Ct. to Fedl. DC. Pending. A. L. Wirin, Esq., 257 S. Spring St., and Nathan Schoichet, Esq., 8907 Wilshire Blvd., Beverly Hills, California.

Amicus appearance by American Civil Liberties Union of Southern California.

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303. Other State cases

303.5. Franklin, et al. v. Gough, et al. (Los Angeles Super. Ct.)*
303.10. Swanson v. McGuire, et al. (ND Ill., #57-C-1164.)*
303.14. Olivera, Vasquez, et al. v. City of Chicago, et al. (DC Ill.) Suit by 13 citizens of Puerto Rican descent for $3,000,000 damages for false arrest by 20 Chicago policemen and for physical injury during arrest Aug. 9, 1958 in "dragnet operation". Pls. charge they were beaten by police, held more than 24 hours without being allowed to contact attorneys or post bail, then released. Pending.
303.15. California v. Boulton. (Calif. Judic. Dist. Ct.) Oct. 3, 1958: Def.-truck driver stopped by State Highway Patrol officers routinely checking commercial vehicles. Def. charged with driving with suspended license, driving with defective brakes. Dec. 17, 1958: Ct. found Def. not guilty, held person lawfully in US has right to free use and passage on public roads; there must be specific reasonable ground for believing law being violated to make admissible evidence obtained as in instant case.
303.16. Wakat v. Harlib. (CA 7.) (253 F. 2d 59.) Suit under Civil Rights Act against Chicago police for depriving Pl. of his civil rights by arresting him without a warrant, detaining him without being charged with a crime, etc. Conviction of police officers affirmed in order to grant Pl. equal protection of laws.
303.17. New York v. Massey. (N.Y. Ct. of App.) Aug. 12, 1957: Def. arrested at his home at 10 p.m., officers claiming Def. had thrown stones in window of woman's home. Queens Co. Special Sessions Ct.: Def. convicted of assault consisting in scratching wrist and finger of policeman while resisting arrest. (Def. never charged with act of stone throwing.) Def. alleged he was brutally punched, kicked and beaten at home, on way to police station, and after arrival there. Jan. 6, 1959: App. Div., 2d Dept. reversed (4-1) and information dismissed, held arrest without warrant was unlawful since alleged crime only a misdemeanor; Def. had right to resist arrest; judgment against weight of evidence. State's appeal pending. Def. suing City of NY for assault and false arrest.

Jawn A. Sandifer, Esq., 101 W. 125th St., NYC.

Amicus appearance by NY Civil Liberties Union, by Emanuel Redfield, Esq., 60 Wall St., NYC.

310. Indictment
Case note:

Admissibility of confession obtained by interrogation subsequent to indictment (People v. Spano, 4 N.Y. 2d 256, 150 N. E. 2d 226, 173 N. Y. S. 2d 793, 1958), 27 Fordham Law Rev. 435-438 (Autumn 1958).

311. Composition of grand jury (see also 510)
312. Character of evidence
Case note:

Admonition to jury not to consider lie detector evidence (People v. Schiers, 324 P. 2d 981, 1958), 10 Hastings Law Jour. 226 (Nov. 1958).

Comment:

Everything but the truth—narco-analysis and its effect upon confession, 31 Temple Law Quart. 359-371 (Summer 1958).


312.2. Pennsylvania v. Jakobowitz. (Ct. of Com. Pleas, Phila. Co.)*

Jencks point cases:

Case notes:

Due process not violated in state proceeding where accused denied access to witness' prior statements. (Riser v. Teets, 253 F. 2d 844, CA 9, 1958), 44 Va. Law Rev. 997-999 (Oct. 1958).

Discovery of grand jury transcript by private party when government uses testimony to prepare civil case (U. S. v. Procter & Gamble Co., et al., 79 S. Ct. 983, 1958), 27 U. of Cincinnati Law Rev. 436-439 (Fall 1958).

Due process requires production of FBI reports in Administrative proceedings when credibility of witness is challenged as to matters included in reports. (Communist Party v. Subversive Activities Control Board, DOCKET 211.1, 254 F. 2d 314, D.C. Cir. 1958.) 36 U. of Det. Law Rev. 192-194.

Annotation:

Admissibility of pre-trial confession in criminal case—Supreme Court cases, 1 Law Ed. 2d 1735.

312.9. U. S. v. Carlisle. (CA 9.) For facts, see IV DOCKET 20.*

Stanley Fleishman, Esq., 1741 Ivar Ave., Hollywood.

312.10. Lev v. U. S. (U.S.S.C., #435.) Def. charged with contract fraud. Certiorari granted as to three questions: (1) Is it proper for reviewing ct. to make examination, in camera, of sealed summary of witness' prior statement to Gov't. investigator furnished it by the prosecutor, and of ex parte affidavit pertaining to summary, to determine whether summary is discoverable, under 18 USC 3500, when no claim is made that summary contained irrelevant or extraneous matter? (2) Are such summaries and reports available to Def. under Sec. 3500? (3) Does Sec. 3500 provide sole procedure by which such summaries and reports are available to Def.?

Anthony B. Eben, Esq., Chicago; Albert H. Treiman, Esq., 261 Broadway, Isidor Enselman and John T. Sullivan, Esqs., 80 Broad St., all of NYC.

312.11. Wool v. U. S. (U.S.S.C., #436.) Companion case to Lev, 312.10. Trial ct. denied defense motion for production of Gov't. witness' pre-trial statements, because no showing of inconsistency between statement and testimony at trial. Certiorari granted. Issue: were rights of Pl.
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substantially prejudiced when trial ct. denied Defs.' motion to direct Gov't. to produce pre-trial statement made by Gov't. witness to Gov't. agents?

Albert H. Treiman, Esq., 261 Broadway, NYC.

312.12. Rosenberg v. U. S. (U.S.S.C., #451.) (257 F. 2d 760.) Trial ct. withheld from defense prior statements of principal Gov't. witnesses. CA 3 held this error, but didn't hamper defense in cross-examination of witnesses. Certiorari granted. Issues: (1) Is U.S.S.C. rule in Jencks merely procedural, or does it involve Defs.' constitutional rights? (2) May clear violation of Jencks' rule be harmless error? (3) Is it proper for CA to determine what use defense counsel might have made of pre-trial statements of Gov't. witnesses erroneously withheld?

Herbert Edelhertz, Esq., 165 Broadway, NYC.; Stanley B. Singer, Esq., Philadelphia.

312.13. Pittsburgh Plate Glass v. U. S. (U.S.S.C., #489.) Defs. indicted for violation of anti-trust laws. At trial, Gov't. witness testified he had testified previously before grand jury. Defense demanded production of grand jury minutes; argued this issue had been discussed in Congress prior to passage of Jencks case Bill; Sen. Comm. report said it did not intend statute to affect admissibility of grand jury testimony, but for Rule 6c, Rules of Criminal Procedure to apply—that grand jury testimony should be admitted as justice requires. Ct. denied motion. CA 4 affirmed. U.S.S.C. granted certiorari.

James B. Henry, Jr., Esq., 63 Wall St., NYC.

312.14. Galax Mirror Co. v. U. S. (U.S.S.C., #491.) Facts, issues, and status similar to Pittsburgh Plate Glass, 312.13. H. Graham Morison, Esq., 1144 Pennsylvania Bldg., Washington, D. C.
312.15. Harris v. U. S. (U.S.S.C.,#619.) Issues: (1) does right of Def. to see statement used by Gov't. witness to refresh recollection apply when statement used in waiting-room prior to witness' appearance? (2) was Goldman v. U. S. (316 U. S. 129) over-ruled by Jencks? (3) where Jencks rule is violated, must Def. show prejudice in order to vitiate conviction? Petition for certiorari filed.

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

313. Entrapment
Case note:

Entrapment by federal officers, (Sherman v. U. S., 346 U. S. 369), 33 N.Y.U. Law Rev. 1033-1041 (Nov. 1958).

320. Double Jeopardy
Annotation:

Successive criminal trials as violation of due process, 2 Law Ed. 2d 2020.

Comment:

A new approach to double jeopardy, 10 Hastings Law Jour. 188-197 (Nov. 1958).

321. Federal cases

321.2. Green v. U. S. (355 U. S. 184.) For facts, see III DOCKET 34, 54.

Case notes in:

9 Loyola Law Rev. 136-138 (No. 1, 1957-1958);

4 Wayne Law Rev. 238-241 (Summer 1958);

15 Washington and Lee Law Rev. 276-285 (Fall 1958);

24 Mo. Law Rev. 118-121;

33 Western Reserve Law Rev. 447-451;

11 Okla. Law Rev. 445-448.

321.3. Ladner v. U. S. (U.S.S.C., #2.) (230 F. 2d 726, 355 U. S. 282, 356 U. S. 969.) 1946: Def. convicted of assaulting two Fed'l. officers with deadly weapon; 2 10-yr. sentences, to run consecutively. 1956: on completion of first 10-yrs. term, Def. moved DC to correct second sentence, alleging only one shotgun blast had wounded two officers. DC held act constituted two separate offenses. CA 5 affirmed. U.S.S.C. affirmed by equally divided Ct. Case set for reargument. Dec. 15, 1958: U.S.S.C. held single discharge of gun would constitute single offense under language of statute (18 U.S.C. 254.) Remanded to DC for reconstruction of trial record to determine whether facts support Def's. allegation. (Clark, J. diss.). Harold Rosenwald, Esq., Boston.
321.4. Abbate v. U. S. (U.S.S.C., #7.) Defs. convicted in state ct. of conspiracy to destroy telephone co. property. Defs. then tried in fedl. ct. for fedl. conspiracy, with same evidence used in state case. CA 5 affirmed conviction. Issue: did use of such evidence place Defs. in double jeopardy? U.S.S.C. granted certiorari.

Charles A. and Jason E. Bellows, Esqs., Chicago.

Case note:

53 Northwestern Univ. Law Rev. 521-528 (Sept.-Oct. 1958).

321.5. Harris v. U. S. (U.S.S.C., #11.) Def. convicted of separate crimes of unlawfully purchasing, unlawfully receiving, unlawfully concealing unstamped narcotics, upon evidence showing his possession thereof. CA 8 affirmed. U.S.S.C. granted certiorari; Jan. 12, 1959: argued.

Morris A. Shenker, Bernard J. Mellman, Sidney M. Glazer, Esqs., all of St. Louis.

321.6. Gondron v. U. S. (U.S.S.C., #311.) Def. convicted in DC under fedl. narcotics laws. In CA 5, Gov't. moved to remand for new trial, admitting Gov't's. key witness' testimony was possibly false. CA 5 reversed. Issue: would new trial place Def. in double jeopardy? U.S.S.C. denied certiorari.

M. Gabriel Nahas, Jr., Esq., Houston.

321.7. Greene v. U. S. (U.S.S.C., #134.) (246 F. 2d 677.) Def. prosecuted in DC DC for 15 violations of narcotic laws; convicted on 15 counts. Permissible imprisonment on each count: 20 mths. to 5 yrs. DC imposed consecutive sentences of 20 mths. to 5 yrs. on 3 counts, and sentences of same duration on each of other 12 counts, to run concurrently with each other and with consecutive sentences on 3 counts. CA DC affirmed. Jan. 26, 1958: U.S.S.C.
- 53 -

vacated judgment, remanded for further proceedings in CA to determine validity of the 3 consecutive sentences. James H. Heller, Esq., Washington, D. C.
322. State cases

322.1. Hoag v. New Jersey. (356 U. S. 464.) For facts, see III DOCKET 77.

Case notes:

32 Temple Law Quarterly 113-117;

57 Mich. Law Rev. 409-412;

1958 U. of Ill. Law Rev. 472-475.

322.2. Ciucci v. Illinois. (356 U. S. 571.) For facts, see III DOCKET 77.

Case note:

8 De Paul Law Rev. 102-106.

322.3. Bartkus v. Illinois. (U.S.S.C., #1.) (130 N. E. 2d 187.) For facts, see IV DOCKET 20.

Walter Fisher, Esq., 135 S. La Salle St., Chicago.

322.4. Williams v. Oklahoma. (U.S.S.C., #124.) (321 P. 2d 990.) Def. convicted of murder; sentenced to life imprisonment. Def. then tried and convicted for kidnapping his victim, prior to murder; sentenced to death. Okla. Crim. Ct. of App. affirmed kidnap conviction. Issue: was Def. subjected to double jeopardy? Jan. 12, 1959: U.S.S.C. granted certiorari.
330. Self-incrimination: Criminal Sanctions (see also 270)
331. Congressional Committees

331.7. U. S. v. William Davis. (ED Mo., E. Div.)*
331.9. Brewster v. U. S. (U.S.S.C., #219.) (358 U. S. 842.) For facts, see IV DOCKET 20. Oct. 13, 1958: U.S.S.C. denied certiorari. Indictments dismissed.
331.50. U. S. v. Crosby. (DC DC.) Def.-union official indicted for committing perjury before Sen. Racket Comm. in denying meeting with an admitted racketeer. Feb. 3, 1959: DC ordered acquittal because Gov't. had not shown Def's. testimony had been material to Comm's. work.
332. State Committees
333. Grand juries and tribunals
Case note:

Federal constitutional protection against self-incrimination does not extend to matter incriminating under state law (State v. Ford, 99 So. 2d 320, 1957), 9 Loyola Law Rev. 127-128 (No. 1, 1957-1958).


333.10. Mills v. Louisiana. (U.S.S.C., #74-75.) Witnesses refused to answer questions before (state) grand jury on ground their answers might subject them to fed'l. prosecution for tax evasion. County Ct.: convicted of contempt. Mar. 3, 1958: La. Sup. Ct. affirmed. Issue: do witnesses whose fed'l. income tax returns are under investigation by fed'l. Gov't. have right under Fifth and Fourteenth Amdts. to refuse to answer questions before state grand jury? Certiorari granted.

Eugene Stanley, Albert B. Korrie, Nilo B. Williams and David Neuhauser, Esqs., all of New Orleans.

333.11. Matter of NY Commission of Investigation v. Rosato. (NY App. Div., 1st Dept.) Witness refused to answer questions about Apalachin meeting of November 1957 on grounds that state immunity did not protect against federal prosecution, to compel answer would violate privileges and immunities clause of Fourteenth Amendment, as witness was citizen and had pleaded Fifth Amendment before federal grand jury and intended to do likewise before McClellan Committee by which he had been subpoenaed. Motion to commit under CPA § 406 granted January 16, 1959 by Justice Steuer. Appeal pending.

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

333.12. Matter of Commission of Investigation v. Lombardozzi. (NY Ct. of App.) (7 NY App. Div. 2d 48.) 7 persons refused to answer questions about Apalachin meeting of Nov. 1957 on ground that state immunity did not protect against fedl. prosecution. Motions to commit under CPA Sec. 406 granted. App. Div., First Dept. affirmed. Jan. 19, 1959: appeals argued in NY Ct. of App.

Harriss Steinberg, Esq., 25 Broad St., NYC.

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

335.1. Morgan v. Ohio. (U.S.S.C., #463.) For facts, see IV DOCKET 20. To be argued in April.
335.2. Ohio v. Jackson, et ano. (Ohio Ct. of App.)*
335.3. Ohio v. Hupman, et al. (Ohio Ct. of App.)*
335.4. Raley, et al. v. Ohio. (U.S.S.C., #175.) For facts, see IV DOCKET 20. To be argued in April.
335.5. Ohio v. Slagle, et al. (Ohio S. Ct.)*
335.6. Ohio v. Arnold, et al. (Ohio S. Ct.)*
335.7. Knapp v. Schweitzer. For facts, see III DOCKET 78. Cite: 357 U. S. 371.

Case notes:

68 Yale Law Journal 322-334;

27 Fordham Law Rev. 429-431 (Autumn 1958);

1958 U. of Ill. L. Rev. 475-477.

336. Miscellaneous
Case note:

N. J. "good account" sec., N. J. S. A. 2A:170-1, disorderly persons act—prosecutor must prove unlawful purpose (State v. Salerno, 27 N. J. 289, 142 A. 2d 636, 1958), 13 Rutgers Law Rev. 274-279 (Fall 1958).


336.1. Lambert v. California. (355 U. S. 225.) For facts, see III DOCKET 35, 55.

Case note:

The Constitutionality of curfew ordinances, 13 Wyoming Law Journal 67-71 (Fall 1958).

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336.2. Reyes v. U. S. (CA 9.) For facts, see IV DOCKET 21. CA 9 affirmed unanimously.
336.3. Perez v. U. S. (CA 9.) For facts, see IV DOCKET 21. CA 9 affirmed unanimously.
336.4. Kelly v. Municipal Ct. of City and Co. of San Francisco. (Calif. Sup. Ct.) For facts, see IV DOCKET 21. Cite: 324 P. 2d 990.
336.5. California v. Shibley. (Long Beach Super. Ct.) Def.-attorney convicted of theft and conspiracy re transcript of court martial proceeding (see #373.4, II DOCKET 20, 43, III DOCKET 81) refused to register under local ordinance requiring registration of all "convicted persons" who reside in city for 30 days. Issues: constitutionality of ordinance; whether it imposes on individual obligation to take affirmative action in order to avoid violation of law; does this increase penalty for crime. Dec. 5, 1958: Muni. Ct. denied defense motion to dismiss. Def's. writ of prohibition pending in Super. Ct.

William Pillsbury, Esq., 215 American Avenue, Long Beach, California.

Amicus appearance by American Civil Liberties Union of Southern California.

340. Self-incrimination: Civil Sanctions (see also 280)
Case note:

Plaintiff's use of privilege against self-incrimination during discovery proceedings results in dismissal of suit. (Levine v. Bornstein, 174 N. Y. S. 2d 574, Sup. Ct. 1958.) 107 U. of Pa. Law Rev. 426-430.

341. Army discharges (see also 253)
342. Employment—Public teachers (see also 262, 267)

342.2b. Austin v. NY Bd. of Higher Education. (N. Y. Ct. of App.)*
342.3. Lowenstein and Zimmerman v. Newark Bd. of Educ. (N. J. State Commission of Education.) (23 N. J. 364.) 1955: Pls.-teachers discharged on ground that claim of Fifth Amdt. privilege before House UnAmerican Activities Comm. constituted conduct unbecoming a teacher. On appeal, N. J. Commr. of Educ. held dismissal illegal under Slochower (350 U. S. 551), remanded for further hearings. Feb. 4, 1957: N. J. Sup. Ct. affirmed, remanded to Def.-Bd. for inquiry re Pls. past and present political affiliations, and whether their conduct before House Comm. was contumacious or frivolous. June 24, 1958: after public hearings before Def.-Bd., Bd. dismissed Pls. for "insubordination" in refusal to answer Bd's. inquiries. Jan. 15, 1959: appeal heard and submitted to N. J. Commr. of Educ.

John O. Bigelow, Esq., 744 Broad St., and Morton Stavis, Esq., 744 Broad St., both of Newark, N. J.

342.4. Mass v. San Francisco Bd. of Educ. (Cal. Super. Ct.) (304 P. 2d 1015.)*
342.9. Beilan v. Bd. of Educ. (U.S.S.C.) For facts, see III DOCKET 79. Cite: 357 U. S. 399.

Case notes:

57 Mich. Law Rev. 412-415.

44 Cornell Law Quart. 244-251.

342.10. Dixie School District v. Hanchett. (Marin Co. Super Ct., Calif., #29082.)*
343. Employment—Other public officers (see also 261)

343.1. Lerner v. Casey. (U.S.S.C.) For facts, see III DOCKET 79. Cite: 357 U. S. 468.

Case notes:

44 Cornell Law Quart. 244-251;

57 Mich. Law Rev. 412-415;

12 Vanderbilt Law Rev. 273-275.

343.2. Hancock v. Burns. (158 Calif. App. 2d 785, 323 P. 2d 456.) For facts, see III DOCKET 79.

Case note:

Absolute tort immunity for legislative correspondence? 11 Stanford Law Rev. 194-199.

343.3. Globe and Nelson v. Los Angeles County. (Calif. Sup. Ct.)*
343.4. Callender v. San Diego County. (Calif. S. Ct.) For facts, see IV DOCKET 21-22. Cite: 327 P. 2d 74.
344. Employment—Private (see also 268, 269)

344.3. Wilson v. Liberty Films, Inc., et al. (Los Angeles Co. Super. Ct., #668887.)*
344.5. Gottlieb v. Universal Pictures Co., Inc. (Los Angeles Super. Ct.)*
344.6. United Electrical, Radio and Machine Workers of America, Local 610 v. Westinghouse Airbrake Co. (Allegheny Co. Ct. of Common Pleas, #3132.)*
344.7. Nelson v. General Electric. (Muni. Ct. of App., Dist. of Col., #M 6521-57.)*
344.8. Watterman v. S. Calif. Gas Co. (Los Angeles Super. Ct.)*
344.9. Sief, et al. v. Bethlehem Steel Co. and United Steelworkers Union. (Balt. City Super. Ct.) For facts, see IV DOCKET 22. Jan. 20, 1959: law motions argued.

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

344.10. Capital Airlines, Inc. and Dist. 144, IAM. (Railway Labor Act Bd. of Adjustment.) Mechanic fired by Co. after invoking Fifth Amdt. before House UnAmerican Activities Comm. Bd. held Co. failed to observe contract provision that it would compile and issue to employees applicable Co. rules, since Co. gave no notice it would discharge for use of Fifth Amdt.; Co. failed to prove loss of prestige or business.
- 55 -

Bd. ordered Pl. reinstated with back pay, full seniority, and correction of service record.
344.11. Gilden v. Singer Mfg. Co. (Sidney L. Kahn, Arbitrator.) Pl.-employee invoked Fifth Amdt. privilege before House UnAmerican Activities Comm. Def. discharged Pl. Pl's. union, Local 227, Intl. Elec. Workers, refused to process grievance. NLRB rejected appeal. Conn. Super. Ct. ordered Co. to arbitrate dismissal. Conn. Sup. Ct. of Errors affirmed. Oct. 1958: Arbitrator ordered reinstatement with full back pay and seniority rights, held: Pl. not security risk; did not hold sensitive position; invoking Amdt. not a crime; no proof Pl's. retention would affect Co. business or employee morale.
344.12. Baron v. Radio Corp. of America. (Am. Arbitration Assn. #L-20920-Phi-L-20-50.) 1945: Pl. hired by Def.-Co. 1947: Def. denied security clearance by U. S. Navy, continued on non-security work. 1957: Def. claimed Fifth Amdt. privilege before Senate Internal Security sub-Comm. Def. then suspended and discharged Pl., following Co. policy. Am. Fed. of Technical Engineers, Local 241 challenged discharge. June 24, 1958: Arbitrator W. N. Loucks ordered reinstatement with back pay because couldn't reasonably hold Pl's. continued employment threatened Gov't. orders or private orders or posed security problem.

A. Harry Levitan, Esq., 1412 Fox Bldg., Philadelphia.

345. Attorneys (see also 265, 373)
346. Unemployment insurance and Social Security (see also 263)

346.1. Kilpatrick v. Bureau of Unemployment Compensation. (Ohio Ct. of App.)*
346.2. Ostrofsky, et al. v. Maryland Employment Security Bd. and Bethlehem Steel Co. (Balt. City Super. Ct.)*
346.3. Fino v. Sun Ray Drug Co. and Md. Employment Security Bd. (Md. Ct. of App., #88.) For facts, see. IV DOCKET 22. Jan. 19, 1959: Md. Ct. of App. reversed.
346.6. Panzino, et al. v. Pa. Unemployment Compensation Bd. of Review. (Pa. Super. Ct., ##31, 32, 33, Apr. Term.)*

Case note:

Statutory denial of annuity to retired fed'l. employee who invokes Fifth Amdt. violates due process. (Steinberg v. U. S., No. 74-57 Ct. of Claims, July 16, 1958), 44 Va. Law Rev. 1330-1332.

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

The law of confessions as affected by Supreme Court decisions, 27 Fordham Law Rev. 396-404 (Autumn, 1958).


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

The availability of a motion for continuance as a protection against hostile publicity, 1958 Washington Univ. Law Rev. 429-444.

355. Perjured testimony (see also 312)
Annotation:

Conviction on testimony known to prosecution to be perjured as denial of due process, 2 L. Ed. 2d 1575.


355.4. Sobell v. U. S. *
356. Courts martial
Law review article:

Frederick Bernays Wiener, Courts-martial and the Bill of Rights: The original practice, 72 Harv. Law Rev. 1-49, 266-304 (Nov., Dec. 1958).


356.1. Guagliardo v. McElroy, Secy. of Defense, et al. (U.S.S.C., #570.) (259 F. 2d 927.)*

Case note:

47 Georgetown Law Rev. 411-416.

356.2. Lee v. Madigan. (U.S.S.C., #42.) For facts, see IV DOCKET 23. Jan. 12, 1959: U.S.S.C. (6-2) reversed, held Pet. entitled to civilian trial; under basic tradition of limiting military trials, for purposes of this case "in time of peace" meant when hostilities had actually ceased, altho Congress and Pres. did not officially declare war ended until 1951, 1952.

Carl L. Rhoads, Esq., Ecorse, Michigan; Robert E. Hannon, Esq., Castro Valley, California.

356.3. U. S. v. Dial. (SD W. Va.) For facts, see IV DOCKET 23. Def's. application for habeas corpus writ pending.

Capt. Arnold I. Melnick, Appellate Defense Counsel Div., Office of Judge Advocate General, Pentagon Bldg., Washington, D. C.; Paul Friedberg, Esq., Security Bldg., Charleston, W. Va.

357. Naturalization proceedings (see also 259)
358. Expatriation, Denaturalization and Deportation proceedings (see also 258, 259)

358.1. Trop v. Dulles. (356 U. S. 86.) For facts, see III DOCKET 56.

Case notes:

Loss of citizenship upon conviction of wartime desertion—

4 Villanova Law Rev. 132-134 (Fall 1958);

36 U. of Det. Law Jour. 88-91 (Oct. 1958);

12 Southwestern Law Journal 511-514 (Fall 1958).

358.7. Perez v. Brownell. (356 U. S. 129.) For facts, see III DOCKET 56.

Case notes:

Expatriation for voting in foreign political election held necessary and proper to Congress' foreign affairs power—107 U. of Pa. Law Rev. 118-122 (Nov. 1958); 47 Georgetown Law Jour. 177-181 (Fall 1958); 30 Mississippi Law Rev. 76-78; 2 Law Ed. 2d 1917.

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358.8. Mackey v. Mendoza-Martinez. (U.S.S.C., #649.) (356 U. S. 258.) American-born citizen went to Mexico at time of World War II. On return, charged with draft evasion; pleaded guilty; served term. On release, DC ordered denaturalization; CA 9 affirmed. Apr. 1958: U.S.S.C. vacated judgment, remanded to DC "for determination in light of Trop, 356 U. S. 86". Oct. 20, 1958: DC S. Calif. held Sec. 40j of 1940 Nationality Act unconstitutional for imposing expatriation on native born citizens who remain outside U. S. to avoid war-time military service. Jan. 16, 1959: Gov't. filed appeal in U.S.S.C.

Thomas R. Davis, Esq., Bakersfield, California.

358.12. U. S. v. Fisher. (CA 7, #12,146.) For facts, see IV DOCKET 23. Cite: 258 F. 2d 362.
358.13. Title v. U. S. (U.S.S.C.) For facts, see IV DOCKET 23-24. Jan. 6, 1959: CA 9 affirmed, held requirement of affidavit of good cause only procedural requirement, not jurisdictional. If Pet. had appealed in time judgment would have been reversed; failure to so appeal ends the case. Petition for certiorari to be filed.
358.14. Gonzalez-Jasso v. Rogers. (CA DC, #14, 626.) For facts, see IV DOCKET 24. Jan. 14, 1959: appeal heard and submitted.
358.15. Heikkila v. U. S. (CA 9, Imm. Service.)*
359. Loyalty hearings (see also 251 and 268)
360. Speedy and Public Trial

360.4. Re 16-year Old. (Louisville Crim. Ct.) Oct. 1958: Juvenile Ct. committed Def.-16-yr. old to State Dept. of Welfare. Nov. 1958: Dept. referred Def. to Crim. Ct. for "lack of appropriate facilities in the Dept." Indicted for armed robbery, Def. argues: 1) statute permitting Dept. to turn over to Crim. Ct. youth committed by Juvenile Ct. unconstitutional; 2) statute gives Juvenile Ct. exclusive jurisdiction in proceedings against juveniles; 3) if Juvenile Ct. can not protect youth from criminal prosecution, Juvenile Ct. proceedings are criminal in nature and provisions re right to bail, speedy public trial, to confront witnesses, against self-incrimination all apply. Feb. 6, 1959: argued.

Robert Zollinger, Esq., Realty Bldg. and Louis Lusky, Esq., Hoffman Bldg., both of Louisville, for Kentucky Civil Liberties Union.

360.5. Re Winter and Wolf. (NYC Ct. of Genl. Sessions.) 1954: indictments issued against atty. and investigator working for him for ambulance chasing. 1958: indictments dismissed for lack of prosecution. "The guarantee of a speedy trial is embodied in the Sixth Amendment to the Constitution. The District Atty. has an obligation to prevent unreasonable delay."
360.6. Oklahoma v. Lyles. (Okla. Ct. of Crim. App.) (330 P. 2d 734.) During trial of Def. for burglary, TV cameras used in courtroom. After conviction, Def. appealed. Dec. 1958: Okla. Ct. of Crim. App. affirmed, held TV but an adjunct to press, no more to be excluded from public trial than press; no right of privacy in such matters at public trial.

Gordon L. Patten, Esq., Tulsa, Oklahoma.

Comment:

The right of privacy in news photographs, 44 U. of Va. Law Rev. 1303-1316.

360.7. Marshall v. U. S. (U.S.S.C., #383.) During trial of Def., several jurors read newspaper articles stating Def. had record of two previous felony convictions. DC denied motion for mistrial, accepted as true each juror's solemn assurance that articles would in no way influence verdict. CA 10 affirmed conviction. Nov. 17, 1958: U.S.S.C. granted certiorari.

George D. Francis and Omer Griffin, Esqs., Denver, Colorado.

370. Right to Counsel
Comments:

Legal aid program of a labor union and unauthorized practice of law, 20 U. of Pitts. Law Rev. 85-98 (Fall 1958).

The right to assistance of counsel in administrative proceedings, 34 Notre Dame Law Rev. 90-98.

371. Federal cases
Annotation:

Right to counsel under U. S. Constitution, 2 Law Ed. 2d 1644.

Case notes:

Indigent defendant—appeal from conviction—duty of court-appointed counsel (Ellis v. U. S., 249 F. 2d 478, CA DC 1957; Johnson v. U. S., 352 U. S. 565 (1957),) 4 Wayne Law Rev. 245-247 (Summer 1958).

A motion under 28 U.S.C. 2255, 1952, setting forth allegations of ineffectiveness or incompetence of counsel solely within the area of attorney's tactical decisions does not constitute a violation of the Sixth Amendment, and therefore does not warrant a hearing. (Mitchell v. U. S., 259 F. 2d 787, D.C. Cir., cert. denied, 79 S. Ct. 81, 1958.) 47 Georgetown Law Rev. 398-402.

372. State cases
Comment:

Right to counsel in noncapital cases in Pennsylvania, 20 U. of Pitts. Law Rev. 142-154 (Fall 1958).


372.1. Henderson v. Michigan. (U.S.S.C.) For facts, see IV DOCKET 24. U.S.S.C. denied certiorari.

Case note:

State denial of request to confer with counsel during police interrogation held not to violate due process (Crooker v. California, 357 U. S. 433, III DOCKET 81, #372.4): 107 U. of Pa. Law Rev. 286-290 (Dec. 1958); 33 Tulane Law Rev. 221-224.

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372.6. Cash v. Culver. (U.S.S.C., #91.) Def. uneducated 20 yr. old tried on burglary charge. Trial ct. failed to appoint counsel for Def., denied Def's. motion for continuance in order to secure counsel of his choice. Def. convicted. Fla. S. Ct. affirmed. Jan. 12, 1959: U.S.S.C. granted certiorari.

Edward S. Jaffry, Esq.

372.7. Asbey v. Florida. (Fla. Dist. Ct. of App.) (102 So. 2d 407.) Def. pleaded guilty; convicted. Dist. Ct. of App. reversed, ordered trial ct. to permit Def. to change plea, where Def. was ignorant and confused, had not been advised of his rights.
372.8. Anonymous Nos. 6 and 7 v. Arkwright. (U.S.S.C., #378.) (6 NY AD 2d 719.) Def.-witnesses refused to answer questions at NY judicial inquiry into misconduct of attorneys and other persons, solely because their counsel were excluded from hearing room during interrogation. Witnesses told they were not being called merely as witnesses, but for criminal investigation which had already revealed sufficient evidence to warrant presentation to grand jury or D. A. Defs. convicted of criminal contempt. App. Div. affirmed. Oct. 17, 1958: U.S.S.C. granted certiorari.

Raphael H. Weissman, Esq., 185 Montague St., Brooklyn.

373. Indirect restrictions (see also 265, 345)
Comment:

Abolition of the eavesdropping exception to the attorney-client privilege, 27 Fordham Law Rev. 390-395 (Autumn 1958).


373.1. Re Gladstein. (DC Hawaai.)*
373.2. In re Sawyer. (formerly listed as Re Bouslog.) (U.S.S.C., #362.) (260 F. 2d 189, 358 U. S. 892.)*

Amicus brief filed by National Lawyers Guild, by Joseph Forer, Esq., 711 14th St. N. W., Washington, D. C.

373.3. Re Bouslog. (DC Hawaii, Misc. #649.)*
373.6. Matter of Isserman. (CA 2.)*
373.7. North Carolina v. Walker. (N.C. Sup. Ct.) Def.-Negro attorney, while representing Negro-Pl. in Lassiter, 501.3, observed white woman registrar giving literacy test to Negro, insisted she read passage from Constitution more slowly so that registrant could write it down. Atty. charged with: 1) disorderly conduct and trespass; 2) assault on a female (registrar); 3) disturbing registrar by shaking finger at her during argument. On 1): Atty. convicted, fined $100 or 90 days in jail; appeal pending. On 2) Atty. convicted, fined $500; appeal lost on technicality; Atty. jailed when unable to pay fine; released on payment of $200. On 3) Atty. convicted, fined $50, 4 mths. sentence suspended; Oct. 8, 1958: N.C. Sup. Ct. dismissed indictment. Appeal on 1) pending.

Taylor and Mitchell, Esqs., 125 E. Hargett St., Raleigh, N. C., and James R. Walker, Jr., Esq., 501 W. Third St., Weldon, N. C.

374. Opportunity for appellate review

374.1. Eskridge v. Washington State Board of Prison Terms and Parols. (Wash. Sup. Ct.)*

Notes:

Free transcript required for appeal by indigent prisoner, 8 Buffalo Law Rev. 73.

Right to counsel on appeal, 8 Buffalo Law Rev. 74-76.

374.2. Bevins v. Colorado. (Colo. Sup. Ct., #18353.) For facts, see IV DOCKET 25.

Charles D. Montfort, Esq., 1037 First Natl. Bank Bldg., and H. Ted Rubin, Esq., Detroit Bldg., both of Denver.

380. Confrontation
Comment:

The right of confrontation in Pennsylvania, 20 U. of Pitts. Law Rev. 171-182 (Fall 1958).

381. Criminal cases

381.2. Priestly v. Superior Court. (Calif. Sup. Ct.) Pl. arrested without warrant on narcotics charge. Issue: how could Ct. determine whether person had been taken into custody with "probable cause" unless undercover police informant was disclosed? Oct. 1, 1958: Calif. Sup. Ct. ruled for Pl.; "If the only evidence of guilt was illegally obtained, the def. is held without reasonable or probable cause. If an officer were allowed to establish unimpeachably the lawfulness of a search merely by testifying that he received justifying information from a reliable person whose identity can not be revealed, he would become the sole judge of what is probable cause to make the search."
382. Civil cases
390. Jury Trials (see also 510)
Comments:

Right to jury trial in indirect criminal contempts in federal courts, 57 Mich. Law Rev. 258-267 (Dec. 1958).

Waiver of jury trial, 8 Buffalo Law Rev. 107.

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

23 Law and Contemporary Problems 399-482.

Case note:

Indefinite postponement of sentence (Helton v. State, Fla. Sup. Ct., 1958), 11 U. of Fla. Law Rev. 375-377 (Fall 1958).


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411.3. Thompson v. U. S. (U.S.S.C.) For facts, see IV DOCKET 25. Dec. 2, 1958: CA 2 affirmed denial of motion under 28 U.S.C. 2255, but continued Def. on bail pending final determination by U.S.S.C. Petition for certiorari filed.
411.4. Thomas v. Culver. (U.S.S.C., #148.) Def. found guilty of rape in Fla. trial ct. Fla. Sup. Ct. held, on appeal, that showing that in last 20 yrs. only Negroes have been executed for rape in Fla. does not render unconstitutional the Fla. statute giving jury unfettered power to impose or withhold death sentence in rape cases. Oct. 13, 1958: U.S.S.C. denied certiorari.
411.5. North Carolina v. Thompson and Simpson. (Juvenile Ct., Union Co., N. C.) Oct. 1958: Defs.-8 and 9 yr. old Negro boys arrested and held without bail on charge of kissing 6 yr. old white girl. Nov. 4, 1958: after trial in Juvenile Ct., at which Defs. were not represented by counsel, Defs. found delinquent; sentenced to indeterminate term in state reformatory for Negro boys. Dec. 10: in rehearing in Juvenile Ct., judge stated he heard testimony from white parents and children in morning, had second hearing for Defs. and their parents in afternoon, thus providing separate but equal trial. Jan. 12, 1959: on hearing on habeas corpus writ, Super Ct. affirmed Juvenile Ct. decision. Feb. 13: Defs. released in custody of parents, who had moved to another N. C. community.

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

411.6. Bunce v. Williams. (ED Mich.) (159 F. Supp. 325.) 1958: suit filed to enjoin enforcement of state narcotic statutes on ground Negro-Pls. were given longer sentences than white persons for violation of these statutes. DC dismissed for want of federal question.

And see Uphaus, 272.2.

412. Extradition

412.3. New York ex rel, Reid v. Ruthazer, Warden. (NY Ct. of App.)*
412.6. Oregon v. Aday. (Calif. Super. Ct., Fresno Co., #17944.) Def.-Calif. publisher indicted in Oregon for advertising in Ore. an allegedly obscene book, contrary to Ore. law. Ore. instituted extradition proceedings. Calif. Gov. issued warrant of extradition. On habeas corpus petition, trial ct. ruled offense not extradictable one, granted petition.

Stanley Fleishman, Esq., 1741 Ivar Ave., Hollywood.

412.7. New York v. O'Neill. (U.S.S.C., #53.) (100 So. 2d 149, 356 U. S. 972.) NY requested Fla. authorities to take Def. into custody and deliver him to NY authorities, under Fla. Reciprocal Attendance of Witnesses statute. Fla. trial ct. issued summons, directing Def. to testify in NY, since NY has similar statute. Fla. S. Ct. held statute violates privileges and immunities clause of Fourteenth Amdt. and U. S. Constitution, Art. IV, Sec. 2. States of Fla. and NY filed petitions for certiorari; granted.

Case note:

11 Stanford Law Rev. 173-181.

412.8. In re Williams. (Genesee Co. Cir. Ct., Mich.) 1949: Def.-Negro convicted, sentenced to prison in Georgia, escaped to Michigan. 1959: Genesee Co. Cir. Ct. ordered Def. remanded to Fla. sheriff in extradition proceedings. Trial ct. refused offer of proof that Def. would be denied access to appellate review and would be subjected to cruel and unusual punishment in Ga.; that warrant invalid because Ga's. Gov. illegally elected as result of state action in denying Negro citizens right to vote; that state policy of Mich. is to support U. S. Constitutional provision for equality regardless of race, while Ga's. policy is the reverse; that Negroes are systematically excluded from jury service in Ga. Appeal pending.

Leitson and Dean, Esq., 804 Detroit St., Flint, Michigan.

413. Civil cases
490. Miscellaneous Due Process

490.4. Pauling v. McElroy, Secy. of Defense. (CA DC.)*
490.6. Buxton v. Ullmen, State's Atty. (New Haven Co. Super. Ct.)*
490.7. Michigan v. Vaughn. (Genesee Co. Cir. Ct., #16299.)*
490.9. Michigan v. Hildabridle, et al. (Mich. S. Ct.) For facts, see IV DOCKET 26. Cite: 92 N. W. 2d 6.

John L. Leighton, Esq., Tussing Bldg., Lansing, Michigan.

490.10. Arkansas v. Satterfield. (Forrest City Cir. Ct.) For facts, see IV DOCKET 26. Oct. 25, 1957: judgment of trial ct. affirmed by agreement in Cir. Ct.

Mann and McCulloch, Esqs., Forrest City, Arkansas.

490.11. Ramos and Figueroa v. City of Los Angeles. (Los Angeles Muni. Ct.) For facts, see IV DOCKET 26. Defs. convicted of failing to be responsible for their minor children on the street after 10 p. m., in violation of curfew ordinance. Appeal pending.
490.12. DeVeau v. Braisted. (NY Ct. of App.) Pet.-elected secy-treas. of ILA local in 1955 had received suspended sentence for attempted grand larceny 34 yrs. ago at age 19. Under Waterfront Commission Act, labor union can not collect dues if any officer has a prior felony conviction. Issue: was Pet's. right to work subjected to arbitrary and capricious conditions depriving him of that right without due process; constitutionality of Act which requires either appeal to Governor for "an act of grace" or appeal to administrative tribunal at which Pet. would not be heard. App. Div., 2d Dept. affirmed decision against Pet. Appeal pending.

Amicus appearance by NY Civil Liberties Union, by Nanette Dembitz, Esq., 55 East End Ave., Stephen Vladeck, Esq., 147 W. 42nd St., and Edward L. Sadowsky, Esq., all of NYC.

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

Booklets:

Theodore Leskes, The civil rights story—1958, 60 Am. Jewish Year Book 1-15 (1959), 386 Fourth Ave., NYC. Comm. on Law and Social Action, Am. Jewish Congress, The civil rights and civil liberties decisions of the U. S. Supreme Court for 1957-58 Term, A summary and analysis, 1-69 (1959), 15 E. 84th St., NYC.

AFL-CIO and Am. Jewish Comm., We open the gates: Labor's fight for equality, 1-64 (1958), 386 Fourth Ave., NYC.

Legislative Symposium on:

Segregation, 19 La. Law Rev. 114-127.

Note:

Who is a Negro? 11 U. of Fla. Law Rev. 235-240 (Summer 1958).

Law review article:

Francis D. Wormuth, The present status of the Civil Rights Act of 1875, 6 Utah Law Rev. 153-168.

Case note:

Imposing criminal penalties to enforce private discrimination (State v. Clyburn, 247 N. C. 455, 101 S. E. 2d 295, 1958), 57 Mich. Law Rev. 122-125 (Nov. 1958).

500. Elections
501. Racial discrimination
Report:

Cong. James Roosevelt, Voting restrictions: A report from the South, excerpts from Congressional Record, 85th Cong., 2d Sess.


501.2. Ivy v. Cole, Registrar (Halifax Co., N. C.) (ED N. C., Wilson Div., #610-Civ.)*
501.3. Lassiter, et al. v. Taylor, Registrar. (formerly entitled Lassiter v. Humphrey.) (Northampton Co., N. C.) (ED N. C., #1019.)*

And see 501.3a, and Walker, 373.7.

501.3a. Lassiter v. Bd. of Elections. (Northampton Co., N. C.) (U.S.S.C., #584.) For facts, see IV DOCKET 27. Dec. 15, 1958: U.S.S.C. noted probable jurisdiction.

Taylor and Mitchell, Esqs., 125 E. Hargett St., Raleigh, N. C., and James R. Walker, Jr., Esq., 501 W. 3rd Street, Weldon, N. C.

And see 501.3, and Walker, 373.7.

501.4. Reddix v. Lucky, Registrar. (Ouchita Parish, La.) (WD La.) For facts, see IV DOCKET 27. Remanded to DC: pending.

James Sharp, Jr., Esq., Monroe, La.

501.5. Sharp v. Lucky, Registrar. (Ouchita Parish, La.) (WD La.) For facts, see IV DOCKET 27. Remanded to DC: pending.

James Sharp, Jr., Esq., Monroe, La.

501.6a. Gomillion, et al. v. Mayor Lightfoot, et al. (Macon Co., Ala.) (CA 5.) For facts, see IV DOCKET 27. Oct. 29, 1958: DC upheld constitutionality of state gerrymandering act, granted Def's. motion to dismiss for want of jurisdiction. Appeal pending.
501.6b. U. S. v. Livingston and Rogers, Bd. of Registrars. (Macon Co., Ala.) (MD Ala.) Feb. 6, 1959: U. S. sued for injunction to prevent discrimination against prospective Negro voters. March 7: DC granted Defs'. motion to dismiss because Defs. are former members of Bd. of Registrars who resigned; there is now no functioning Bd. U. S. filed motion in CA 5 for order to preserve records of case pending appeal.
501.7. Darby v. Daniel. (Jefferson Davis Co., Miss.) (SD Miss., Jackson Div., #2748.) For facts, see IV DOCKET 27. Nov. 6, 1958: 3-judge ct. dismissed action.
501.8. U. S. v. Raines, et al. (Terrell Co., Ga.) (MD Ga.) For facts, see IV DOCKET 27. Jan. 26, 1959: Defs.' motion to dismiss heard and submitted.

U. S. Atty. Frank O. Evans and Ben Brooks, Esqs., Dep't. of Justice, Washington, D. C.

501.9. Camacho v. N. Y. C. Bd. of Elections. (N.Y. Ct. of App.) For facts, see IV DOCKET 28. Bronx Sup. Ct. held against Pl. N.Y. Ct. of App. granted appeal.
502. Political discrimination
510. Juries
Annotation:

Group or class discrimination in selection of jury, 2 Law Ed. 2d 2040.

511. Federal employees
512. Racial discrimination

512.17. Ingram v. Georgia. (Ga. Sup. Ct.) (103 S. E. 2d 666.) In trial of Def. for bribery, State asked questions implying white-Def. had drunk with Negro companions. Def. convicted. Ga. Sup. Ct. reversed, held this prejudicial, new trial ordered.
512.18. North Carolina v. Perry. (N. C. Sup. Ct.) (103 S. E. 2d 404.) 1958: N. C. Sup. Ct. held Negro-Def. may not be denied reasonable opportunity and time to produce evidence in support of motion to quash indictment because of exclusion of Negroes from jury service.
512.19. Cameron v. Mississippi. (Miss. Sup. Ct.) (102 So. 2d 355.) Negro-Def. moved to quash indictment on ground jury drawn from all-white venire. Trial ct. overruled motion. 1958: Miss. Sup. Ct. affirmed: no Negro had served on a jury for more than 30 years prior to return of this indictment, but trial ct. properly found that failure to place names of more Negroes in jury boxes not based on race but related to effort "to select only men of good intelligence, sound judgment, and fair character."
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512.20. Scroda v. Tutwiler, Sheriff. (Greenbrier Co. Ct., W. Va.) 1958: In criminal trial of Def., Ct. took judicial notice of fact no Negroes included on grand or petit juries in history of Co.; continued case until fair and proper jury selections could be made.

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

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.) (SD Fla, #7161.) For facts, see IV DOCKET 28. Feb. 13, 1959: on remand, DC refused to order immediate integration of Pl., upheld Fla. pupil assignment law, held Pl. must exhaust state administrative remedies thereunder. I. C. Smith, Esq., 412 Rosemary Ave., and F. Malcolm Cunningham, Esq., 500 Rosemary Ave., both of W. Palm Beach, Fla.
522. Suits to enforce integration

522.Ala2. Shuttlesworth, et al. v. Birmingham Bd. of Educ. (U.S.S.C., #341.) For facts, see IV DOCKET 28. Nov. 24, 1958: U.S.S.C. granted certiorari, affirmed DC judgment on limited grounds stated by DC: Ala. school placement law not unconstitutional on its face, but could be in its application.
522.Ark2. Matthews, et al. v. Launius, et al. (Bearden Dist.) (WD Ark., Civ. #570.)*
522.Ark3. Aaron, et al. v. McKinley, et al. (formerly v. Cooper.) (Little Rock.) (ED Ark., W. Div., #3113.) For facts, see IV DOCKET 29. Oct. 7, 1958: CA 8 extended temporary restraining order against Def.-Bd. Jan. 6, 1959: DC overruled motion of segregation leader to intervene and Defs.' motion to relieve U. S. Dep't. of Justice of being amicus in case. Jan. 10: after hearing, DC ordered Def.-Bd. to move forward within official powers to carry out integration plan; report of affirmative steps taken to be submitted within 30 days. Jan. 26: Chief Judge ordered 3-judge ct. convened. Feb. 3: DC accepted Def.-Bd's. report but motion to reopen schools on segregated basis denied.
522.Ark3c. Garrett v. School Bd. (Little Rock.) (Pulaski Co. Cir. Ct.) For facts, see IV DOCKET 29. Chanc. Ct. held for Def.-Bd. Appeal pending.
522.Ark3d. Fitzhugh v. Ark. Dept. of Education. (Little Rock.) (Pulaski Co. Cir. Ct.) For facts, see IV DOCKET 29. Chanc. Ct. held for Def.-Bd. Appeal pending.
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., #260.)

and

522.Dela2. Evans, et al. v. Buchanan, et al. (Milford.) (U.S.S.C., #260.)

and

522.Dela3. Holloman, et al. v. Buchanan, et al. (Hilton.) (U.S.S.C., #260.)

and

522.Dela4. Coverdale, et al. v. Buchanan, et al. (Greenwood.) (U.S.S.C., #260.)

and

522.Dela5. Creighton, et al. v. Buchanan, et al. (Laurel.) (U.S.S.C., #260.)

and

522.Dela6. Denson, et al. v. Buchanan, et al. (Seaford.) (U.S.S.C., #260.)

and

522.Dela7. Oliver, Jr., et al. v. Buchanan, et al. (Clayton.) (U.S.S.C., #260.)

and

522.Dela8. Staten, et al. v. Buchanan, et al. (Milford.) (U.S.S.C., #260.)*
522.Dela9. Dennis, et al. v. Baker, et al. (Dover.) (DC Dela.)*
522.Fla2. Gibson, et al. v. Dade Co. Bd. of Public Instruction, et al. (CA 5.) For facts, see IV DOCKET 30. Correction: July 1957: CA 5 reversed and remanded, held consideration of constitutionality of pupil assignment act premature. DC held for Def.-Bd. Pls.' appeal pending.
522.Ga2. Hunt, et al. v. Arnold, Ga. State School of Business Admr. (ND Ga., Atlanta Div., #5781.)*
522.Ga3. Calhoun v. Latimer. (Atlanta.) (ND Ga., Atlanta Div., #6298.)*
522.La1. Orleans Parish School Bd., et al. v. Bush, et al. (New Orleans, La.) (CA 5.) For facts, see IV DOCKET 30. Oct. 23, 1958: DC entered final decree ordering desegregation. Def.-Bd.'s appeal pending.
522.La2. Hall, et al. v. St. Helena Parish School Bd., et al. (ED La., Civ. #1068.)*
522.La3. Angel, et al. v. La. State Bd. of Educ., et al. (ED La., Baton Rouge Div., Civ. #1658.)
522.La4. Davis, Jr., et al. v. E. Baton Rouge Parish School Bd., et al. (ED La., Baton Rouge Div., Civ. #1662.)*
522.La6. Williams, et al. v. Prather, et al. (WD La., #5000 Civ.)*
522.La10. Henley, et al. v. La. State Univ. Bd. of Supervisors. (CA 5, #17421.) For facts, see IV DOCKET 31.*

A. P. Tureaud, Esq., 821 Orleans Ave., New Orleans, La.

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522.Md3. Groves, et al. v. Bd. of Educ. (St. Mary's Co.) (CA 4, #7755.) For facts, see IV DOCKET 31. Nov. 13, 1958: CA 4, per curiam, affirmed DC judgment for Pls.

Tucker R. Dearing, Esq., 627 Aisquith St., and Juanita Jackson Mitchell, Esq., 1239 Druid Hill Ave., both of Baltimore; 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.) For facts, see IV DOCKET 31. Aug. 28, 1958: DC dismissed.
522.Mich1. Henry v. Godsell. (ED Mich., #14,769.) 1958: Pl., Negro school child, seeks injunctive relief against School Bd. for maintaining and compelling attendance at segregated schools. DC dismissed, held school site chosen on basis of population, accessibility, transporation, etc., attendance areas not fixed arbitrarily to exclude any segment of school population.
522.NY1. In the Matter of Mallory, et al. (formerly Mallory, et al. v. N. Y. C. Bd. of Education.) (N.Y.C. Domestic Relations Ct.) For facts, see IV DOCKET 31. Sept. 1958: Five Harlem parents kept their children out of Harlem schools they alleged to be inferior and discriminatory. Dec. 1958: Ct. found parents guilty of violating NY Compulsory Education Law. Feb. 19, 1959: Parents not punished on their agreement to return children to other schools designated by Bd. of Educ.
522.NY2. Matters of Skipwith and Rector. (N. Y. Co. Domestic Relations Ct., Children's Ct. Div., #3913, 3945.) For facts, see IV DOCKET 31. Nov. 1958: hearing at which Bd. of Educ. officials testified re 1958 Report of Comm. on Integration re comparative standards in schools according to racial composition. Dec. 15: Justice Polier held for Pls.: 1) de facto racial segregation exists in NYC's Jr. High Schools; 2) no showing made that this is consequence of misfeasance or non-feasance of Bd. of Ed; 3) staffing of schools by licensed teachers shows discrimination against schools with large Negro and Puerto Rican populations; 4) Bd. of Ed. is entirely responsible for discrimination in teacher assignments; 5) "These parents have the constitutionally guaranteed right to elect no education for their children rather than to subject them to discriminatorily inferior education." Feb. 10, 1959: by agreement between parents and Bd., students assigned, but not to original schools or to schools originally requested by parents.
522.NC2. Covington, et al. v. Edwards, Supt. of Schools, et al. (Montgomery Co.) (CA 4.) For facts, see IV DOCKET 31. Appeal pending.

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.) For facts, see IV DOCKET 31. Aug. 28, 1958: DC granted Def's. motion to dismiss.
522.NC6. Jeffers v. Whitley, N. C. State Supt. of Public Instruction, N. C. Bd. of Educ., et al. (Caswell Co.) (MD N.C., Greensboro Div., #1079.)*
522.NC7. Holt, Jr., v. Bd. of Educ. (Raleigh.) (CA 4, #7758.) For facts, see IV DOCKET 32. Jan. 6, 1959: heard and submitted.
522.Okla2. Brown, et al. v. Long, Pres. Morris Independent School Dist., et al. (Okmulgee Co.) (ED Okla., Civ. #4245.) For facts, see IV DOCKET 32. Oct. 10, 1958: DC held for Defs.
522.Okla5. Jefferson v. McCarty, Collins, Liberty Independent School Dist., et al. (Okmulgee Co.) (ED Okla., #4532.) For facts, see IV DOCKET 32. Oct. 20, 1958: DC ordered Def.-Bd. to admit Pls. for enrollment in previously all-white school, but Bd. not required to admit other Negro children prior to Fall of 1959; Bd. directed to make plans for further integration for 1959 school year; Pls. denied relief against Def. Collins.
522.Pa1. Pennsylvania v. Bd. of Directors of City Trusts; Girard College Trusteeship. (353 U. S. 230, 391 Pa. 434, 138 A. 2d 844.) For facts, see III DOCKET 61.

Case notes:

11 U. of Fla. Law Rev. 254-258 (Summer 1958); 47 Georgetown Law Rev. 391-394.

522.SC1. Briggs v. Elliott. (Clarendon Co.) (ED S. C., #2657.)*
522.Tenn1. Kelly, et al. v. Bd. of Educ. (Nashville.) (CA 6, #13,748-9.)*
522.Tenn3. Ward v. Bd. of Educ. (Knoxville.) (ED Tenn., N. Div., #3158.)*
522.Tenn4. Pls. v. Bd. of Educ., et al. (Memphis State University.) (WD Tenn.)*
522.Tex7. Ross v. Rogers, Pres., Houston Independent School Dist. (DC Tex., Houston #10,444.)*
522.Tex8. Dallas Independent School Dist. v. Edgar. (Tex. Dist. Ct.)*
522.Va1. Allen, et al. v. County School Bd. (formerly entitled Davis v. Bd.) (Prince Edward Co.) (CA 4, #7829.) For facts, see IV DOCKET 33. To be argued, April term, 1959.
522.Va2. Corbin, et al. v. School Bd. (Pulaski Co.) (WD Va., Roanoke, #341 Civ.)*
522.Va16. Va. Atty. Genl. Almond v. Va. Controller. (Va. Sup. Ct. of App.) Sept. 13, 1959: With consent of Gov. Almond, Atty. Genl. sued to test validity of new Va. laws giving Gov. power to close individual schools confronted by integration. Issue: would Def.-Controller pay state tuition grants for private education? Jan. 19, 1959: Va. Sup. Ct. of App. (5-2) held school closure law unconstitutional: when U.S.S.C. found segregation section 140 of Va. Constitution unconstitutional, it did not also invalidate section 129 requiring state to provide system of public schools. Va. ct. held law invalid because it divests local authorities of power and control over closed
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schools, giving this power to Gov. Decision unappealable; case closed.

And see 522.Va17, and effects of Almond decision in 522.Va4, .Va6, and .Va15.

522.Va3. Atkins, et al. v. School Bd., et al. (Newport News.) (DC Va., Newport News Div., #489.)*
522.Va4. Beckett, et al. v. School Bd. (Norfolk.) (CA 4, #7759.) (260 F. 2d 18.) For facts, see IV DOCKET 33. Sept. 27, 1958: CA 4 affirmed DC order directing admission of 17 Negro pupils to Norfolk schools; remanded for further proceedings re admission of 134 Negro students. Jan. 27, 1959: DC prohibited Norfolk City Council from cutting off funds for all grades above 6th in Negro and white schools. Feb. 2, 1959: 17 Negro students admitted to reopened school previously all-white.

And see 522.Va4a, 4b, 4c, 4d.

522.Va4a. 27 Parents v. Gov. Almond, et al. (DC Va., Norfolk Div.) Oct. 27, 1958: 27 white parents asked convening of 3-judge fedl. ct. to enjoin enforcement of state segregation laws under which six city schools closed, for order requiring Gov. to return closed schools to city control. Jan. 19, 1959: 3-judge ct. held Va. school closure law unconstitutional.

And see Beckett, 522.Va4, and .Va4b, 4c, 4d.

522.Va4b. Harrell, City Atty. v. Gov. Almond, et al. (DC Va., Norfolk Div.) Oct. 27, 1958: suit filed by white parent on behalf of two minor sons. Issues: similar to .Va4a; decided jointly with .Va4a, 4c.
522.Va4c. N.A.A.C.P. v. Gov. Almond, et al. (DC Va., Norfolk Div.) Oct. 29, 1958: N.A.A.C.P. filed action similar to Va.4a. Decision handed down in all 3 cases jointly.
522.Va4d. Petitioners v. Norfolk City Council. (Norfolk Cir. Ct.) Nov. 11, 1958: 4 citizens sued for injunction to prevent public informational referendum on City's closed schools. Cir. Ct. denied injunction. Ch. J. of Va. Sup. Ct. of App. affirmed. Nov. 18: Norfolk voted 12,340 to 8,712 against petitioning Gov. to return control of schools to local authorities for operation on integrated basis.

And see Beckett, 522.Va4, and .Va4a, 4b, 4c.

522.Va5. Allen, et al. v. School Bd. (Charlottesville.) (CA 4, #7794.) For facts, see IV DOCKET 33. Jan. 30, 1959: CA 4 stayed DC order, Def.-Bd. to submit plan within 20 days; appeals dismissed; case remanded to DC.
522.Va6. Hamm, et al. v. School Bd. (formerly Thompson v. Bd.) (Arlington.) (CA 4, #7776.) For facts, see IV DOCKET 33. Jan. 23, 1959: CA 4 affirmed judgment of DC re admitting 4 Negro Pls. and not admitting 26 others; did not pass on propriety of five tests laid down by School Bd. in deciding on admissions. Feb. 2, 1959: 4 Negro Pls. admitted to previously all-white school.
522.Va13. Kilbey, et al. v. Warren Co. School Bd. (Front Royal.) (CA 4, #7760.) (259 F. 2d 497.) For facts, see IV DOCKET 34. Feb. 10, 1959: DC ordered Def. Bd. to immediately open school closed since Sept. 1958, and to admit 22 Negro students. (Co. had no high school for Negro children, who traveled to nearby counties for education.) Feb. 16: CA 4 denied stay till Sept. 1959. Feb. 19: 22 Negro students entered reopened school; 800 white students continued attendance at private school.
522.Va14. Warden, et al. v. School Bd. (Richmond.) (ED Va., Richmond.)*
522.Va15. Hundley, et al. v. School Bd. (Alexandria.) (ED Va., Alexandria.) For facts, see IV DOCKET 34. Feb. 4, 1959: DC ordered Def.-Bd. to admit 9 Negro Pls. to previously all-white schools, upheld exclusion of 3 Pls. because now attending schools nearer their homes, upheld exclusion of 2 Pls. because academic test scores significantly lower than average in white classes. Feb. 8: CA 4 denied stay. Feb. 10: 9 Negro Pls. entered 3 previously all-white schools.
523. Suits to prevent integration
530. Housing
531. Public

531.1. Queen Cohen v. Savannah Housing Authority, et al. (U.S.S.C., #505.) (257 F. 2d 73.) For facts, see IV DOCKET 34. Jan. 12, 1959: U.S.S.C. denied certiorari.
531.5. Eleby v. Louisville Municipal Housing Authority. (WD Ky., Louisville Div., #3240.) For facts, see IV DOCKET 34. Aug. 6, 1958: DC ordered Def.-Auth. to integrate housing units within 1 yr.; denied motion to intervene by white residents.
531.8. Barnes v. City of Gadsden. (ND. Ala., #1091.) Apr. 1958: DC denied preliminary injunction against continuance of slum clearance and urban redevelopment project by City and City Housing Authority, held Negro Pls. have not proved purchase of property will be restricted on basis of color when Authority sells land to private developers. Aug. 1958: permanent injunction denied: Pls.' claim for relief based primarily on fear of discrimination when redeveloped property sold to private interests but no discriminatory resolution or ordinance has been passed by Def.-City.
532. Private
Comment:

Racial restrictions in leaseholds, 11 U. of Fla. Law Rev. 344-350 (Fall 1958).


532.2. Ming v. Horgan, et al. (Calif. Super. Ct., Sacramento Co., #97130.) For facts, see III DOCKET 86.

Case note:

Developers of private homes approved for FHA-VA financing may not refuse to sell to qualified Negro buyer, 44 Va. Law Rev. 1173-1176 (Nov. 1958).

532.10. Carmichael v. Christenson, and Village of Maywood. (Cook Co. Super. Ct., #57 S 17586.) For facts, see IV DOCKET 35. Ct. dismissed for want of equity.
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532.15. Bolton v. Crane, et ano. (Cook Co. Super. Ct., #57 S 6577.)*
532.16. McGregor v. Florida Real Estate Commission. (Fla. Sup. Ct.) (99 So. 2d 709.) For facts, see IV DOCKET 35.

Case notes:

72 Harvard Law Rev. 553-555;

12 Rutgers Law Rev. 623-625.

540. Transportation
541. Interstate

541.2. Baldwin v. Morgan. (DC Ala., Birmingham.) For facts, see IV DOCKET 35. CA 5 remanded to DC.

Demetrius C. Newton and Oscar W. Adams, Jr., Esqs., Birmingham, Ala.

541.3. Watson v. Eastern Air Lines. (ND Ga., Atlanta.)*
542. Intrastate

542.4. Evers, et al. v. Dwyer, Comm'r. of Public Service of City of Memphis, et al. (U.S.S.C., #382.) For facts, see IV DOCKET 35. DC dismissed for lack of actual controversy because Pl. did not customarily ride buses, but did so only to bring this suit. Dec. 15, 1958: U.S.S.C. reversed, per curiam, held actual controversy existed when Pl.-Negro boarded bus, sat down in front, was ordered to move to rear by driver and policeman, instead left bus to avoid arrest; this is a class action. Remanded.
542.5a. Garmon, et al. v. Miami Transit Co., City of Miami, et al. (U.S.S.C.)*
542.10. Simpkins v. Mayor Gardner, et al. (WD La., Shreveport Div., #6651.) For facts, see IV DOCKET 35.

A. P. Tureaud, Esq., 1821 Orleans Ave., New Orleans; Jesse N. Stone, Jr., Esq., 854½ Texas Ave., Shreveport, La.

542.11. City of Montgomery v. Rev. Pleasure. (Ala. Cir. Ct., #5767.) For facts, see IV DOCKET 35. Appeal dismissed.
542.12. Shuttlesworth, et al. v. Birmingham Transit Co. (DC Ala., Birmingham.) Jan. 1957: Pl.-Negro minister and 21 others jailed for violating city ordinance requiring segregation on buses. Pls. sued to test constitutionality of ordinance. 1958: after City repealed ordinance, Pls. sought to amend complaint to include new ordinance empowering drivers to tell passengers where to sit in buses; Defs. moved to dismiss. Oct. 30, 1958: DC denied both motions.

Arthur Shores, Esq., 1630 4th Ave. N., Birmingham, Ala.; Ernest D. Jackson, Sr., Esq., 410 Broad St., Jacksonville, Fla.

542.12a. Birmingham v. Shuttlesworth, et al. (Ala. Ct. of App.) Oct. 20, 1958: 20 Negroes arrested when they refused to move to rear of buses when told to do so by bus driver. Issue: constitutionality of new city ordinance which doesn't mention race, requires passengers to sit where driver orders. Oct. 28: Recorder's Ct. imposed 90 day jail sentence plus $100 fine on one Def. for inciting demonstration; $100 plus 60 days on another; 180-day suspended sentences on others. Dec. 2: on appeal, Cir. Ct. affirmed. Appeal pending.
550. Miscellaneous Facilities
551. Recreational

551.Cal3. Peoples, et ano. v. Club Primadonna, et al. (Super. Ct., San Francisco.) For facts, see IV DOCKET 35. Settlements have been made with all but one Def. Issues: violation of Calif. Civil Rights Act; Def's. act was "public action" since Fedl. facilities used—airport, radio signals, etc. Pending.
551.Cal4. Teverbaugh, et al. v. El Rey Trailer Parks, et al. (San Diego Co. Super. Ct., #215911.) For facts, see IV DOCKET 35. Sixth Def. settled with Pl., who received total of $1,500 for violation of Calif. Civil Rights Act by trailer courts.
551.Cal5. Santa Clara Voiture 365 v. American Legion 40 & 8 Society. (San Jose Super. Ct.)*
551.Fla2. Moorhead, et al. v. City of Fort Lauderdale. (CA 5, #16615.) For facts, see IV DOCKET 36. Nov. 1, 1957: CA 5 affirmed DC decision for Pls.

G. E. Graves, Jr., Esq., 802 N. W. 2nd Ave., and Edwin L. Davis, Esq., 941 N. W. 2nd Ave., both of Miami, Fla.

551.Fla3. Ward, et al. v. City of Miami. (U.S.S.C.)*
551.Fla4. Hampton, et al. v. City of Jacksonville. (SD Fla., Jacksonville Div., #4073, Civil-J.) Suit by Negro-Pls. for injunction requiring Def.-City to eliminate segregation on city-owned golf courses. Sept. 17, 1957: DC denied Def's. motion to dismiss. Feb. 6, 1958: Pl's. motion for summary judgment heard and submitted.

Ernest D. Jackson, Sr., Esq., 410 Broad St., Jacksonville, Fla.

551.La1. New Orleans City Park Improvement Assn. v. Detiege. For facts, see IV DOCKET 36. Dec. 22, 1958: Bd. of Dir. of City Park announced it will comply with DC decision prohibiting segregation in all parts of Park. (CA affirmed; U.S.S.C. denied certiorari.)
551.La2. Dorsey v. Louisiana Athletic Commission. (ED La.) Pl.-Negro boxer sued to enjoin enforcement of 1956 La. Act 579 making it illegal for Negro and white amateur and professional players to compete in athletic contests. Nov. 28, 1958: 3-judge Fedl. ct. held for Pl., statute unconstitutional under 14th Amendment.
551.NJ1. Sun and Splash Club v. N. J. Division Against Discrimination, et al. (Super. Ct., N. J., #L-12551-56 P. W.) 1957: Suit to quash subpoena of N. J. Dept. Against Discrimination seeking information as to whether Pl. was private club entitled to restrict membership or place of public accommodation barred by N. J. law from discriminating because of color. Super. Ct. held for Defs.: subpoena power of state agency during investigatory phase of proceeding upheld, but Def. urged not to harass Pl. by request for more information than necessary.
551.NY3. Lake Placid Club v. Abrams, State Commission Against Discrimination. (N. Y. Ct. of App.) (6 N. Y. App. Div. 2d 469, 179 N.Y.S. 2d 487.) For facts, see IV DOCKET 36. Nov. 10, 1958: App. Div. unanimously reversed, held
- 64 -

Def.-Comm. Ch. could reconsider decision of Commr. that Pl. not subject to NY law against discrimination. Appeal pending.
551.NY4. S. C. A. D. on complaint of Sharpe v. Ackley-Maynor Co., Inc., et al. (Sup. Ct., Albany Co.) Complainant charged Def.-proprietors of Mid-City Swimming Pool (Menends, N. Y.) with denying him admission on account of race. May 15, 1958: after formal hearing, consent order entered. Nov. 28, 1958: on ex parte petition, Sup. Ct. signed order enforcing S. C. A. D. order.

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

551.NC1. North Carolina v. Cooke. (U.S.S.C., #466.) (193 S. E. 2d 846, 248 N. C. 485.) 1958: Co. Ct. convicted Negro-Defs. of misdemeanor of trespass on city-owned golf course. 1958: N. C. Sup. Ct. affirmed, held state ct. not required to take judicial notice of decision in fed'l ct. enjoining city and lessee of golf course from discriminating against Defs. (who were Pls. in fed'l. case), where record in fed'l. case not offered in evidence. (See June 28, 1957 decision of CA 4, III DOCKET 18.) Jan. 12, 1959: U.S.S.C. granted certiorari.

J. Alston Atkins, Harold L. Kennedy, Annie B. Kennedy, Esqs., Winston-Salem, N. C.; C. O. Pearson, Esq., Durham, N. C.; Carter W. Wesley, Esq., Houston, Texas; James M. Nabrit, Esq., Washington, D. C.

551.NC3. Tonkins v. City of Greensboro. (MD N. C.) (162 F. Supp. 549.) Negro-Pls. seek injunction against sale of city-owned swimming pool, undertaken to avoid duty of opening pool to all without discrimination. DC denied motion: city not required to operate any recreational facilities for its citizens; if pool sold through bona fide public sale there is no unequal treatment.
551.Tenn2. Tennessee v. Owens and Frierson. (Memphis Muni. Ct.) Jan. 12, 1959: Defs.-Negro flyers in NY Air Police Squadron arrested during 15-day training stint in Memphis because they ordered coffee in all-white diner. Charge: disorderly conduct.
551.Va3. Williams v. Howard Johnson's Restaurant. (ED Va.)*
551WVa1. Lark v. Harrison d/b/a Green Acres Motel. (Wood Co. Cir. Ct.)*
552. Others

552.Mich1. Russau, et ano. v. Restlawn Memorial Park Corp., et al. (Grand Rapids Super. Ct., Law #5270).*
552.Minn1. Erickson v. Sunset Memorial Park Cemetery. (Hennepin Co. Ct.)*
552.Va3. Dawley v. City of Norfolk. (U.S.S.C., #674.) For facts, see IV DOCKET 37. CA 4 affirmed dismissal of complaint. Jan. 29, 1959:petition for certiorari filed.
552.Va4. County of Arlington v. Eldridge. (Arlington, Va. Co. Ct., #B-37926.) 1958: Negro Def. found not guilty of disorderly conduct, where Def. was seated at picnic with persons of her own Unitarian church who did not object to her presence and no signs of tension among those present.
560. Family Matters
Case notes:

Agreement concerning child's religious education incorporated in divorce decree held unenforcible (Hackett v. Hackett, Ohio Ct. of App. 150 N. E. 2d 431, 1958): 72 Harv. Law Rev. 372-374 (Dec. 1958); 12 Vand. 284-287.

561. Marriage and divorce
562. Adoption
563. Custody
564. Miscellaneous
570. Employment
571. Racial discrimination
Law review article:

Irving Kovarsky, Racial discrimination in employment and the Federal law, 38 Ore. Law Rev. 54-85.


571.1. Brooks, et al. v. School Dist. of Moberly, et al. (CA 8.) For facts, see IV DOCKET 37. DC held against Pls. Appeal pending.
571.3a. Starling v. Mingo Co. Bd. of Educ. (SD W. Va.)*
571.3b. Goode v. Summers Co. Bd. of Educ. (SD W. Va.)*
571.9. Oliphant, et al. v. Bro. Locomotive Firemen and Enginemen, et al. (U.S.S.C., #560.) For facts, see IV DOCKET 37. Nov. 26, 1958: CA 6 affirmed. Dec. 5: petition for certiorari filed.

Amicus brief filed by Ohio Civil Liberties Union.

571.15. Conley, et al. v. Gibson, Bro. of Railway and Steamship Clerks. (SD Tex., Houston Div. #8443.) For facts, see IV DOCKET 37. Case remanded to DC.

Joseph C. Waddy, Esq., 615 F. St., NW, Washington, D. C.; Roberson L. King, Esq., 810 Prairie St., Houston, Texas.

571.18. Eaton, et al. v. Bd. of Mgrs., James Walker Memorial Hospital, et al. (CA 4.) For facts, see IV DOCKET 37. June 24, 1958: DC dismissed complaint for lack of jurisdiction. Aug. 1: appeal filed; pending.

Robert R. Bond, Esq., 609½ Red Cross St., Wilmington, N. C.; C. O. Pearson, Esq., Durham, N. C.

571.21. Cooks, et al. v. Bro. of Railway Carmen, Locals 991 and 783; and Texas and New Orleans RR. Co. (SD Tex., Houston, #12329.) Oct. 2, 1958: 29 Negro employees of Def.-RR. asked permanent injunction to prevent discrimination by Defs. as to lay-offs and promotions on basis of race, $1,885,000 damages claimed for failure to promote Negro-employees on basis of seniority. Pending. Carl A. Williams, Hamah R. King, Alfred Spivey, and Roberson L. King, Esqs., 810 Prairie St., Houston, Texas.
571.22. Clark v. Norfolk and Western Ry. Co. (WD Va., #689.) Pl.-Negro brakemen sued to test union contract barring Negro brakemen from promotion to car retarder
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operator. 1958: DC held provision void; enjoined union from discriminating against Negro brakemen; awarded nominal compensatory and punitive damages against union for flagrantly continuing discrimination against its members.
571.23. Syres and Warrick v. Oil Workers Int'l. Union. (U.S.S.C,. #510.) (233 F. 2d 739, rev'd. 350 U. S. 892; 257 F. 2d 479.) (See I DOCKET 29, 85, #650.1.) 1954: Pls.-Negro oil workers sue Def.-Union under 28 U.S.C. 1331 for failure to protect Pls. promotional rights solely because of Pls.' race, tho Def. acts as exclusive bargaining representative of white and Negro workers. 1955: DC dismissed for lack of diversity of citizenship, there being no statute to construe, but only private contract. CA 5 affirmed. 1955: U.S.S.C. reversed and remanded, citing Steele, 323 U. S. 192. After trial in DC, CA 5 held damages cannot be awarded to Negro union members as a class for discriminatory denial of advancement, where no proof presented that individual workers had suffered damage. Jan. 12, 1959: U.S.S.C. denied certiorari.

Roberson L. King, Esq., 810 Prairie St., Houston, Texas.

571.24. West v. Bd. of Educ., Prince George's Co. (DC Md.) (165 F. Supp. 382.) 1958: Suit by Negro teacher for back pay, damages for pain and suffering, and injunction, where Pl. alleged discrimination in salary scales of Negro teachers. DC dismissed, held Pl. not rated "second class" because of color; statute of limitations had run; Pl. had not exhausted administrative remedy.
571.25. Green v. Continental Air Lines, Inc. (Colo. Anti-Discrimination Comm.) Pl.-Negro flyer charged Def. refused to hire him solely on basis of race. Colo. Comm. found against Resp.; ordered Pl. enrolled in Resp's. next pilot training class. Resp's. appeal filed in Dist. Ct., challenging Comm's. jurisdiction over interstate carriers.

Law review note:

Dismissal of complaint before State Commission Against Discrimination, 8 Buffalo Law Rev. 46-57.

580. Civil Actions under Civil Rights Law Not Otherwise Covered

580.1. Tynes v. Gogos. (CA DC.) For facts, see IV DOCKET 38. Nov. 25, 1958: CA denied petition requesting appeal.
590. Criminal Prosecutions under Civil Rights Law
600. Suits Involving Constitutional Rights of American Indians
601. Civil Actions between Individual Indians and Indian Tribes
602. Civil Actions against Indians on Reservations

602.3. Williams v. Lee. (U.S.S.C., #39.) For facts, see IV DOCKET 38. Petition for certiorari pending.

Norman M. Littell, Frederick Bernays Wiener and Charles J. Alexander, Esqs., Washington, D. C.; Maurence Davis, Esq., Phoenix, Arizona.

603. Criminal Actions against Indians on Reservations
604. Actions involving Real Property
605. Condemnation of Land of American Indian Reservation

605.1. U. S. v. 21,250 Acres of Land. (WD NY.) (161 F. Supp. 376.) Condemnation of land of Indian reservation for construction of a dam held proper, where Congress had previously passed enabling legislation for project, since power of eminent domain extends to Indian tribal lands.

Law review article:

Gerald Gunther, Governmental power and New York Indian lands—A reassessment of a persistent problem of Federal-State relations, 8 Buffalo Law Rev. 1-26.