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CIVIL LIBERTIES DOCKET
Vol. IV, No. 4
August, 1959
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ABOUT THE CIVIL LIBERTIES DOCKET

The DOCKET is published 4 times each year, October to July, 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)

Special issue on Supreme Court:

Jesse W. Carter, What is wrong with the Supreme Court of the United States, XIX Lawyers Guild Rev. 1-5.

David L. Weissman, Report of 1958 Conference of State Chief Justices on federal-state relationships as affected by judicial decisions: impartial study or bill of indictment?, XIX Lawyers Guild Rev. 6-29.

National Lawyers Guild, Nat'l. Executive Bd., Report on recommendations of American Bar Association, XIX Lawyers Guild Rev. 30-33.

Law review articles:

Joseph F. Menez, A brief in support of the Supreme Court, 54 Northwestern U. L. Rev. 30-60.

Fred Rodell, Judicial activists, judicial self-deniers, judicial review and the First Amendment — or, how to hide the melody of what you mean behind the words you say, 47 Georgetown L. Jour. 483-490.

W. Joseph Wagner, The history and role of a supreme court in a federal system, 20 Mont. L. Rev. 171-192.

Laurent B. Franz, Two kinds of judicial review, XIX Lawyers Guild Rev. 75-77.

Symposium on Supreme Court:

Ray Forrester, A. A. White, F. D. G. Ribble, Eugene V. Rostow, 4 S. Texas L. Jour. 107-178.

Controversy over the Court, 10 Syracuse L. Rev. 242-270.

Law review articles:

Eugene Gressman, The controversial image of Mr. Justice Murphy, 47 Georgetown L. Jour. 631-654.

Paul E. Freund, Mr. Justice Frankfurter, 26 U. of Chicago L. Rev. 205-216.

Albert M. Sacks, Mr. Justice Frankfurter, 26 U. of Chicago L. Rev. 217-221.

Comment:

Per curiam decisions of the Supreme Court, 1957 Term, 26 U. of Chicago L. Rev. 279-331.

Law review articles:

Charles E. Wyzanski, Jr., History and law, 26 U. of Chicago L. Rev. 237-244.

Carl A. Auerbach, Law and social changes in the U. S., 6 U.C.L.A. L. Rev. 516-532.

Comment:

Requirement of substantial constitutional question in federal three-judge court cases, 19 La. L. Rev. 813-829.

Law review articles:

William N. Beaney, Civil liberties and statutory construction, 8 Journal of Public Law 66-80.

Clarence C. Ferguson, The inherent justiciability of the constitutional guaranty against domestic violence, 13 Rutgers L. Rev. 407-428.

O. John Rogge, State power over sedition, obscenity and picketing, 34 N.Y.U. 817-860.

Comment:

Unions — economic institutions and values: A legal survey — Civil liberties within the labor movement, 34 Notre Dame Lawyer 384-438.

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SPEECH AND PRESS (O-199) See also Association (200-299)
10. Licensing
11. Meetings

11.3. American Civil Liberties Union and Monroe, Dir. v. Los Angeles City Bd. of Educ. (Los Angeles Super. Ct.) Pl.-organization sought writ of mandamus requiring Def.-Bd. to grant Pls. permit for public meeting Dec. 11, 1959 to celebrate 168th Anniversary of adoption of Bill of Rights, without signing loyalty oath required for persons using school facilities after hours, under Sec. 19441, Educ. Code of Calif. July 1959: Super. Ct. held oath unconstitutional, ordered permit granted.

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

12. Motion Pictures

12.2. Kingsley Intl. Pictures Corp. v. N. Y. Bd. of Regents. (U.S.S.C., #394.) (360 U.S. 684.) For facts, see IV DOCKET 1. June 29: U.S.S.C. unanimously reversed NY ban on "Lady Chatterley's Lover," per Stewart, J.: "What New York has done, therefore, is to prevent the exhibition of a motion picture because that picture advocates an idea — that adultery under certain circumstances may be proper behavior. Yet the First Amendment's basic guarantee is of freedom to advocate ideas. The State, . . . has thus struck at the very heart of constitutionally protected liberties." Black, J., (who did not view the movie with the other Justices), concurring: ". . . Prior censorship of moving pictures like prior censorship of newspapers and books violates the First and Fourteenth Amendments. If despite the Constitution, however, this Nation is to embark on the dangerous road of censorship, my belief is that this Court is about the most inappropriate Supreme Bd. of Censors that could be found."

Case note:

44 Cornell L. Quart. 411-419.

12.7. Kingsley Intl. Pictures Corp. v. City of Providence. (DC, R.I.)*
12.8. Kingsley Intl. Pictures Corp. v. Blanc. (Pa. S. Ct.) For facts, see IV DOCKET 1. Pa. Sup. Ct. reversed trial ct's. dismissal of suit, held film should be returned to Pl. for showing.
12.9. Times Film Corp. v. Chicago. (ND Ill., ED, #57-C-2017.) For facts, see IV DOCKET 2. June 26, 1958: trial ct. dismissed suit for damages for banning of film "Nana", with prejudice.
12.11. Masque Theatre Corp. v. City of Los Angeles. (Dist. Ct. of App., 2nd App. Dist., Civ. #23277.)*
12.12. Paramount Film Distributing Corp. v. Chicago. (ND Ill., ED, #58-C-437.) For facts, see IV DOCKET 68.*

Thompson, Raymond, Mayer, Jenner and Bloomstein, Esqs., 135 S. LaSalle, Chicago.

12.13.. Empire Pictures v. City of Fort Worth. (CA 5.) Suit testing validity of Def.-City's licensing ordinance. Appeal pending.

Ephriam London, Esq., 150 Broadway, NYC.

12.14. Columbia Film Distributing Co. v. City of Chicago. (ND Ill., ED.) Police Censorship Bd. banned showing of film, "Anatomy of a Murder" because of use of words: "rape", "slut", "contraceptives". Jy. 8: DC enjoined Def.-City from interfering with showing of film, citing U.S.S.C. decision in "Lady Chatterley" case, 12.2; Ct. upheld City power to censor. Def. did not appeal.
13. Peddlers
14. Books, Magazines
15. Miscellaneous
20. Administration Restrictions
21. Customs
22. Post Office

22.1. HMH Publishing Co. v. Summerfield (formerly listed as "Playboy" v. Postmaster General.) (CA DC.) For facts, see IV DOCKET 2. Case dismissed as moot on representation by Def. that no further efforts would be made to withhold issue in question from the mails.
22.5. Grove Press, Inc. v. Post Office. (CA 2.) For facts, see IV DOCKET 68. May 29: N.Y. Post Office Examiner referred issue to Postmaster General, since Dept. has banned mailing of book since 1932. June 11: Postmaster General ruled "Lady Chatterley's Lover" unexpurgated edition "is an obscene and filthy work"; banned it from mails. July 21: SD NY over-ruled Dept. ban; Ct. held book not obscene and mailable, under First Amendment. July 22: Def. obtained 24-hr. stay of order pending appeal to CA 2.

Levine, Rembar, and Zolotar, Esqs., 521 Fifth Ave., and Paul, Weiss, Rifkind, Wharton and Garrison, Esqs., 575 Madison Ave., all of NYC.

Amicus appearance by Dickstein, Shapiro, and Galligan, Esqs., 350 Fifth Ave., NYC.

22.6. United Artists Corp. v. Post Office. (N.Y. Post Office Examiner.) For facts, see IV DOCKET 68. June 15: P. O. Examiner ruled "The Naked Maja" was a masterpiece and Pl. reproduced it well on postcard, but advertising accompanying reproduction "was to appeal to prurient interest", ordered cards banned.

Phillips, Nizer, Benjamin, Krim and Ballon, Esqs., 1501 Broadway, NYC.

22.7. St. Clair Co. Comm. for Better Race Relations v. Cowles Magazines, Inc. and Jefferson News Co., Inc. (St. Clair Co. Cir. Ct.) Pl. sought injunction against distribution of issue of "Look" mazazine, charging "infamous distortion of truth" in report on racial segregation in South. Aug. 22: Ct. granted temporary injunction. Pending.
23. Miscellaneous

23.8. Werner v. City of Knoxville. (ED Tenn. N. Div., #3425.)*
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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 2nd 111.) For facts, see IV DOCKET 40.

Case note:

20 U. of Pittsburgh Law Rev. 607-620.

Law review article:

Thomas E. Sunderland, Taxation of free speech, 26 U. of Chicago L. Rev. 109-127.

40. Contempt
41. Federal Courts
42. State Courts
43. Other agencies
50. Criminal Sanctions
51. Disorderly conduct

51.4. Talley v. People. (U.S.S.C.) (332 P. 2d 447.) For facts, see IV DOCKET 40, 68. U.S.S.C. granted certiorari.

Case note:

45 Va. L. Rev. 593-596.

51.5. California v. Smith. (Los Angeles Muni. Ct., #49986.) For facts, see IV DOCKET 68. May 20: Muni. Ct. held L.A. Muni. Code, Sec. 28.01, anti-leaflet distribution ordinance, unconstitutional as applied to political and religious leaflets. No appeal; case closed.
51.6. Alabama v. Howard and McAllister. (Ala. Sup. Ct.) For facts, see IV DOCKET 68. Decision awaited.

Arthur D. Shores, Esq., 1630 Fourth Ave., N., and David H. Hood, Jr., Esq., both of Birmingham, Alabama.

And see Howard, Jr., 51.7.

51.7. Alabama v. Howard, Jr. (Jefferson Co. Cir. Ct.) For facts, see IV DOCKET 68. To be appealed.

Arthur D. Shores, Esq., 1630 Fourth Ave., N., and David H. Hood, Jr., Esq., both of Birmingham, Alabama.

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

Freedom of the press, due process, equal protection — comic book statute, 34 Washington L. Rev. 160-166.

The law of obscenity: new significance of the receiving group, 34 Indiana L. Jour. 426-440.


52.8. People of New York v. Shapiro, et al. (App. Div., Second Dept.)*
52.9. Nebraska v. Nelson d/b/a Nelson News Co. (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. App. ct. affirmed conviction, without opinion. Def. jailed for 90 days when Dist. Atty. opposed probation.
52.15. Smith v. California. (U.S.S.C., #519.) (358 U.S. 926.)*
52.19. Katzev v. Los Angeles County. (Calif. Sup. Ct.) For facts, see IV DOCKET 69. June: Calif. Sup. Ct. unanimously reversed, held L.A. ordinance unconstitutional because: it is unjustifiable abridgment of freedom of press guaranteed under First Amdt. and Calif. Constitution, and no showing of clear and present danger; it applies to publications having no relationship to juvenile delinquency — too broadly drafted; it denies distributors equal protection since it establishes arbitrary and unreasonable exemptions; it fails to establish a clearly defined standard of guilt.
53. Defamation
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, 41. Jy. 13: U.S. Commr. dismissed 5-mth. old complaints charging Defs. with treason when Gov't. failed to present 2 eye-witnesses of an overt act of treason to establish probable cause for complaints, and no treason indictments obtained from grand jury. Sedition indictment still pending.
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.

57.10. Tennessee v. Clark, Barksdale, Carawan, Sturges. (Altamont Peace Ct.) July 31: Defs., director and teachers at Highlander Folk School, arrested in police raid, charged with drunkenness and illegal possession of liquor. (Earlier in 1959, School investigated by Tennessee legislative comm. which recommended revocation of School charter; no action taken.) Defs. released on $500 and $250 bail. Pending.

Cecil Branstetter and George Barrett, Esqs., Nashville.

60. Civil Sanctions
61. Defamation
Comment:

Qualified privilege as a defense to defamation, 45 Va. L. Rev. 772-785.


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61.1. Farmers' Educational and Cooperative Union of America, N. Dak. Div. v. Station WDAY and Townley. (U.S.S.C., #248.) (360 U.S. 525, 89 NW 2d 102.) For facts, see IV DOCKET 4. June 29: U.S.S.C. (5-4) affirmed, held radio stations which must grant equal time to candidates in political campaigns under Sec. 315(a) of Fedl. Communications Act, cannot delete material from candidate's speech on ground it may be libelous, and shall not be liable for statements made by candidates. Dissenting: Frankfurter, Harlan, Whittaker, Stewart, JJ.: would reverse and remand for N. Dak. S. Ct. to determine nature and extent of broadcaster's liability to third persons.

Case note:

12 Okla. L. Rev. 298-300.

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

Case note:

26 Tenn. L. Rev. 434-436.

61.4. Steinberg v. O'Connor. (DC Conn.)*
61.5. Wanamaker v. Lewis. (DC DC.) For facts, see IV DOCKET 69.

Earl H. Davis, Esq., 210 C St. NW, and Warren E. Miller, Esq., 910 - 17th St. NW, both of Washington, D.C.

61.6. Coleman v. Newark Star-Ledger. (N.J. Sup. Ct.) For facts, see IV DOCKET 69.

Harry Green, Esq., 710 Mattison Ave., Asbury Park, N.J.

61.7. Barr v. Matteo, et al. (U.S.S.C.) (103 U.S. App. DC 176, 256 F. 2d 890, 360 U.S. 564.) Pls.-subordinates sued Def.-Dir. of Office of Rent Stabilization for libel because he issued a press release announcing intention to suspend them for their part in formulating plan for utilization of certain agency funds, which plan had been strongly criticized and publicized in Congress. Pls. alleged malice; DC held for Pls.; CA DC affirmed. June 29: U.S.S.C. (5-4) reversed, held Def.-Appellant's plea of absolute privilege must be sustained, in balancing need for fearless executive performance against interest of individual in having redress for defamation. Warren, C.J., Douglas, Brennan and Stewart, JJ. dissenting: Ct. gives no standard for knowing when Gov't. official's statement is privileged.
61.8. Howard v. Lyons. (U.S.S.C.) (250 F. 2d 912, 360 U.S. 593.) Pl., officer of fedl. employees assn., sued Def.-Capt. in U.S. Navy, for libel when Def. withdrew recognition of Pl's.-organization and sent copies of statement defaming Pl. to Mass. Congressional delegation. CA held for Pl. June 29: U.S.S.C. (7-2) reversed, held fedl. standards must determine whether absolute privilege applies, to be formulated by cts. in absence of Congressional action. Record here shows the only publication was sending copies of statement to Mass. Congressmen, in discharge of Def's. official duties, as to which plea of absolute privilege must be sustained. Warren, C.J., and Douglas, J. dissenting.
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 F. Costanzo, Thomas Jefferson, religious education and public law, 8 Journal of Public Law 81-108.


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.) For facts, see IV DOCKET 4. Maine S. Ct. affirmed, in taxpayers' suit, that in absence of permissive state statute, Def.-City could not spend public money for transportation of private (parochial) school students.

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

110.6. Schempp v. School Dist. of Abington Township. (DC Pa.)*
110.8. Engel, et al. v. Herricks School Bd. (Mineola, Long Island Sup. Ct.)*

Opinion of Attorney General:

Wisconsin Atty. Genl's. opinion, June 24, 1959, re constitutionality of Bill No. 281,A.: released time from public schools for religious instruction. Held: bill would violate Wisconsin Constitution.

120. Pacifists and Conscientious Objectors
Case note:

Jencks and administrative proceedings: conscientious objectors and government employees, 34 Indiana L. Jour. 441-461.


120.2. Hanauer, et ano. v. Elkins, Pres., U. of Md. (U.S.S.C.) For facts, see IV DOCKET 4, 42. Cite for cert. denied: 358 U.S. 643.
120.9. Re M. K. Barnhart. (Calif. Bd. of Education.) For facts, see IV DOCKET 42, 69. Teaching credentials issued on finding of "rehabilitation".
120.11. U. S. v. Lyttle and Fortenberry. (DC Neb.) Jy. 7: Def.-pacifists arrested, charged with trespassing at Atlas missile site near Mead, Neb.; freed on $1,000. bond, warned not to return to construction site. Jy. 13: Defs. sentenced to 6-mth. terms and $500. fines.
120.12. U. S. v. Enzer and White. (DC Neb.) Jy. 13: Def.-pacifists arrested near Atlas missile construction site, charged with trespassing; fined $75., to be served out in jail at rate of $3. per day.

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

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130. Denial of Tax Exemptions
140. Miscellaneous Restrictions

140.7. Ohio v. Ullner. (U.S.S.C.) (167 O.S. 521, 150 N.E. 2d 413.) For facts, see IV DOCKET 42. Cite for appeal dismissed: 358 U.S. 131.
140.9. Two Guys from Harrison v. N. J. Atty. Genl. Furman, City of Newark, et al; Sarner et al. v. Township of Union, et al. (N.J. Super. Ct.) For facts, se IV DOCKET 4-5. Cite: 55 N.J. Super. 523.
140.10. Crown Kosher Super Market of Mass., Inc. v. Police Chief of Springfield. (DC Mass.) For facts, see IV DOCKET 43, 70. Atty. Genl's. motion for new trial pending.
140.11. Noe v. Fedl. Communications Comm. (re Loyola Univ. of New Orleans—Jesuits.) (U.S.S.C., #643.) (260 F. 2d 739, 359 U.S. 924.) Correction of facts at IV DOCKET 43. FCC awarded operation of commercial TV channel to Loyola Univ., a Jesuit institution. Unsuccessful contesting applicant for license appealed on ground Loyola is representative of a non-citizen. CA DC affirmed issuance of license, finding Loyola hierarchical organization, but legally and financially autonomous: directors — Jesuit priests — all U.S. citizens; natl. security not endangered. Ct. rejected charge station would be biased (anti-Protestant), held it would fulfill broadcast need of community, so no First Amendment bar. U.S.S.C. denied certiorari.
140.12. New York v. Aliphantis. (NY Sup. Ct., App. Div.) Jan. 1959: Def. arrested for violating "blue laws" by washing clothes on Sunday in coin-operated machine. June 19: App. Div. unanimously reversed conviction, held "Slovenliness is no part of any religion, nor is it conductive to rest".
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.)*

And see West, 291.20.

204. Continued existence (see also 213, 223)

204.1. N.A.A.C.P. v. Alabama. (U.S.S.C., #753.) (109 So. 2d 138, 360 U.S. 240.) For facts, see IV DOCKET 5, 43, 70. June 8: U.S.S.C., per curiam, reversed Ala. S. Ct., held State could not now deny that only issue in case was whether N.A.A.C.P. could be required to disclose its membership lists, could not now claim U.S.S.C. had been "mistaken" (in 357 U.S. 449) in considering organization had complied or tendered satisfactory compliance with Ala. cir. ct. order, except for production of membership lists.

"We assume that the State Supreme Court, thus advised, will not fail to proceed promptly with the disposition of the matters left open under our mandate for further proceedings, 357 U.S., at 466-7 . . . "

Ct. footnote: had State denied N.A.A.C.P. claim of compliance with production order, serious constitutional issues would have been raised because of state law foreclosing N.A.A.C.P. from obtaining hearing on merits of ouster order.

204.1a. Alabama v. Michell and Patton. (Ala. Cir. Ct., Montgomery.)*
204.3. N.A.A.C.P. v. Williams, Ga. Revenue Commr. (U.S.S.C., #783.) (98 Ga. App. 78, 104 SE 2d 293, 359 U.S. 550.) For facts, see IV DOCKET 5, 43, 70. U.S.S.C., per curiam, held: Ga. represented to U.S.S.C. that "no fine against petr. has been finally determined and assessed"; Ct. Therefore denied cert. Douglas, J., concurring "with some doubts" that judgment is not final; since order to produce records and citation for contempt followed each other in matter of few hours, basic question is whether holding Petr. in contempt and imposing fine comported with due process.
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.) (360 U.S. 167.) For facts, see IV DOCKET 5-6. June 8: U.S.S.C. reversed 3-judge ct. (6-3), Harlan, J. for majority: unable to agree that 3 Va. statutes reveal no reasonable room for construction by Va. cts. which might avoid in whole or in part necessity for fedl. constitutional adjudication. Douglas, J., dissenting, with Warren, C.J. and Brennan, J.: Congress intended fedl. cts. to assume jurisdiction in cases re civil rights, (see Civil Rights Acts): "Where state laws make such an assault as these do on our decisions and a State has spoken definitely against the constitutional rights of the citizens, reasons for showing deference to local institutions vanish. The conflict is plain and apparent; and the fedl. cts. stand as the one authoritative body for enforcing the constitutional rights of the citizens".
204.4a. N.A.A.C.P. Legal Defense and Educ. Fund v. Harrison. (Richmond Va. Cir Ct.)*
204.5. N.A.A.C.P., Inc. v. Arkansas ex rel. Bennett, Atty. Genl. (U.S.S.C., #772.) For facts, see IV DOCKET 6, 43, 70. June 15: U.S.S.C. denied certiorari.
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.)*
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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. Bates, et al. v. Little Rock. (U.S.S.C., #770.) (319 S.W. 2d 37, c.g. 359 U.S. 988.) For facts, see IV DOCKET 6, 43, 70. U.S.S.C. granted certiorari.
204.11. Arkansas State Conference of Branches, N.A.A.C.P. v. Bennett, et al. (U.S.S.C., #757.) For facts, see DOCKET 6, 70. U.S.S.C., per curiam, held fedl. ct. should not "automatically" refer to state ct. question of validity of state statute when challenged on constitutional grounds; vacated and remanded to DC, citing Harrison, 204.4. Douglas, J., for Warren, C.J. and Brennan, J.: case should be remanded, but DC should be directed to pass on constitutional issues without prior reference to state cts.
204.12. North Little Rock v. Fair. (Cir. Ct., Pulaski Co.)*
204.13. Shelton v. Arkansas. (DC Ark.) Pl.-Negro school teacher in Little Rock sued to test validity of 1959 Ark. laws prohibiting hiring members of N.A.A.C.P. by any state, co., city or school agency; and requiring public school teachers to sign affidavits listing all organizations they belong to or contribute to. June 8: 3-judge fedl. ct. held law prohibiting hiring unconstitutional under 14th Amendment; held listing law constitutional because does not make past or present membership in organization basis for firing.

And see Graham, 272.9.

210. Compulsory Registration
211. 1950 Internal Security Act

211.1. Communist Party of the U. S. v. Subversive Activities Control Bd. (CA DC.) For facts, see IV DOCKET 7, 71. Jy. 30: CA DC (2-1) held "preponderance of all evidence supports" S.A.C.B. order that Communist Party register as "subversive organization" dominated by Soviet Union, under 1950 Internal Security Act. Bazelon, J., dissenting, would remand case to S.A.C.B. for more hearings because: 1) S.A.C.B. had violated CA DC's 1954 opinion by still relying on finding that Ct. had ordered stricken; 2) by fault of Gov't., Communist Party was precluded from obtaining use of statement made by Gov't. witness Budenz to FBI, and therefore denied right of cross-examination to determine to what extent, if any, part of his testimony was tainted. Appeal to U.S.S.C. to be filed.
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.)*
211.5. Rogers v. Civil Rights Congress. (S.A.C.B., #106-53.)*
211.6. Rogers v. Washington Pension Union. (S.A.C.B., #114-55.)*
211.7. Haufrecht v. S.A.C.B. re Am. Peace Crusade.) (S.A.C.B., #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. For facts, see IV DOCKET 7, 71. S.A.C.B. again ordered organization to register.
211.11. Rogers v. Connecticut Volunteers for Civil Rights. (S.A.C.B.)
211.12. Blau v. S.A.C.B., (formerly entitled Rogers v. Colorado Comm. to Protect Civil Liberties.) (CA DC.) For facts, see IV DOCKET 71. June 12: petition for review filed; pending.
212. 1954 Communist Control Act

212.1. Rogers v. Intl. Union of Mine, Mill & Smelter Workers. (S.A.C.B.)*
213. State Laws

212.3. Wikler, NY Supt. of Insurance, as Liquidator of Intl. Workers Order, Inc. v. City Terrace Cultural Center. (Calif. Sup. Ct.)*
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
And see cases at 271.
221.1. Wheeldin v. Wheeler, et al. (CA 9.)*
222.2. Burton v. Wheeler, et al. (CA 9.) For facts, see IV DOCKET 44. DC sustained motion to dismiss. Appeal pending.
222.4. Sloat v. Wheeler and Waters. (SD Cal., Cent. Div., #799-59-C.) Aug. 5: Pl.-teacher filed suit for injunction and declaratory judgment to quash subpoena issued by Un-American Activities Comm. (and 70 other subpoenas for teachers in Los Angeles) for hearing June 5, postponed to Sept. 15: Issue: is sole purpose of hearing exposure of Pl. so she will lose position under Dilworth and Levering Acts (requiring teachers to sign oaths of non-membership in organizations advocating overthrow of govt. by force and violence, and requiring teachers to answer questions before legislative investigating committees and bds. of educ. concerning political beliefs.) Aug. 10: DC dismissed. Aug 21: Comm. cancelled hearing.

A. L. Wirin and Fred Okrand, Esqs., 257 S. Spring St., Los Angeles, for S. Calif. A.C.L.U.

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222.5. People v. Bishop. (Long Beach Muni. Ct., #M 48152.) Def. charged with disorderly conduct, use of force and violence and interference with officers in performance of their duties when, on being served with subpoena to appear before House UnAmerican Activities Comm. by Long Beach Police officer, Def.-teacher threw subpoena and her broom on the ground, "taking a broom instead of the Fifth." July 14: trial date.

A. L. Wirin and Fred Okrand, Esqs., 257 S. Spring St., Los Angeles

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. (U.S.S.C., #659.) (359 U.S. 934.) (CA 10.) For facts, see IV DOCKET 9, 44, 71. Sentences of Defs. same as at first trial: 2½ yrs., 3 yrs., 3 yrs., 4 yrs., 5 yrs. plus $1,500. to $5,000. fines. Appeal pending.
241.9. Brandt, et al. v. U. S. (ND Ohio, E. Div.) For facts, see IV DOCKET 9. Aug. 20: Gov't. dropped charges against all 6 Defs., said it couldn't meet requirements set down by U.S.S.C. in Yates, 354 U.S. 98.
241.11. Jackson, et al. v. U. S. (CA 2.) For facts, see IV DOCKET 9. Correct cite: 257 F. 2d 830.
242. Smith Act: mere membership

242.1. Lightfoot v. U. S. (ND Ill. E.D.)*
242.2. Scales v. U. S. (U.S.S.C., #488.) (358 U.S. 917.) For facts, see IV DOCKET 9. June 29: U.S.S.C. (Clark, J., dissenting) ordered case set for reargument Nov. 19, 1959 on the following questions:

"(1) Is the membership clause of the Smith Act, 18 U. S. C. Art. 2385, valid under the Constitution of the United States, if it be interpreted to permit a conviction based only on proof that the accused was a member of a society, group or assembly of persons described in the act knowing the purposes thereof?

"(2) If not, is the membership clause constitutionally valid if interpreted as also requiring proof that the membership was accompanied by a specific intent of the accused to accomplish those purposes as speedily as circumstances would permit? Does the Smith Act permissibly bear such an interpretation?

"(3) If the membership clause would not be constitutionally valid as interpreted under (1) or (2), would the clause be constitutionally valid if interpreted as requiring as an element of the crime proof that the accused was an 'active' member? Does the Smith Act permissibly bear an interpretation? If not, and if the clause be valid without such element, does a constitutional application of the membership clause depend upon any such requirement, and if so was such a requirement properly applied by the courts in this case?

"(4) Whether the 'clear and present danger' doctrine, as interpreted by counsel, has application to the membership clause, either with respect to the accused or with respect to the 'society, group, or assembly of persons' described in the statute. If applicable, whether such doctrine was or can now be, properly applied in this case.

"(5) Is 4 (F) of the Internal Security Act, 50 USCA 780, a bar to the present prosecution?

242.3. Blumberg v. U. S. (DC Pa.)*
242.4. Noto v. U. S. (U.S.S.C.)*
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.)*
243. 18 U.S.C. 2384
244. State laws
Law review article:

Roger C. Cramton, Pennsylvania v. Nelson: a case study in federal pre-emption, 26 U. of Chicago L. Rev. 84-108.

Symposium: Controversy over the Court:

The doctrine of pre-emption applied to subversion, 10 Syracuse L. Rev. 244-251.


244.5. Louisiana v. Jenkins. (La. S. Ct.) (107 So. 2d 648.) For facts, see IV DOCKET 9, 45.

Case note:

19 La. L. Rev. 864-868.

And see Uphaus, 272.2.

250. Civil Disabilities: Federal
Law review article:

Helen Silving, The Oath: I, 68 Yale L. Jour. 1329-1390.

251. Federal employment
Comment:

Jencks and administrative proceedings: conscientious objectors and government employees, 34 Indiana L. Jour. 441-461.


- 94 -

251.9. Vitarelli v. Seaton. (U.S.S.C., #101.) (102 U.S. App. DC 316, 253 F. 2d 338, c.g. 358 U.S. 871.) For facts, see IV DOCKET 9-10. U.S.S.C. held Pl.-Interior Dept. employee entitled to reinstatement with back pay. Pl. discharged 1954 for activities 1941-45, on ground of "natl. security", sought hearing. 1956 Pl. dismissed without statement of grounds, retroactive to 1954, since Pl. subject to summary dismissal. Harlan, J. (for 5 JJ.): Secy. of Interior obligated to conform to procedural standards he had formulated in Order No. 2738 under Ex. Order 10450, 5 U.S.C.A. Sec. 631, (22-1): ". . . in proceedings of this nature, in which the ordinary rules of evidence do not apply, in which matters involving the disclosure of confidential information are withheld, and where it must be recognized that counsel is under practical constraints in the making of objections and in the tactical handling of his case which would not obtain in a cause being tried in a court of law before trained judges, scrupulous observance of departmental procedural safeguards is clearly of particular importance". Pet's. rights violated: 1) charges not specified sufficiently; 2) rules re orderly hearing and reasonable restrictions re relevancy, competency and materiality not followed in hearing; 3) rules called for employee's right to cross-examine other than "confidential informants"; here Gov't. named some persons in questioning Pet., but they were not called for his cross-examination. Frankfurter, Clark, Whittaker and Stewart, JJ., concurred in part, dissented because felt 1956 dismissal, without statement of reason, was valid. June 22: Pl. reinstated, paid $10,000 as first part of claim for 1954-1959 period.
251.30. Jackson v. Allen Industries, Inc. (U.S.S.C.)*
251.50. Steinberg v. U.S. (U.S. Ct. of Claims.) For facts, see IV DOCKET 45. Cite: 163 F. Supp. 590.

Case note:

47 Georgetown L. Jour. 597-601.

And see cases at 268.

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

The right of communists to travel abroad and the unresolved problem of due process, 8 DePaul L. Rev. 376-384.


252.23. Leff. v. Dulles. (DC DC.)*
252.27. Worthy v. Dulles. (U.S.S.C.) For facts, see IV DOCKET 10. June 9: CA DC affirmed denial of passport to Pl., held Secy. of State has authority to set aside Communist-controlled areas in which Americans are forbidden to travel, under executive power to conduct foreign affairs. U.S.S.C. decision in Kent, 252.21, held inapplicable because Pl's. political beliefs not in issue here. Pending in U.S.S.C.
252.28.. Frank v. Dulles. (U.S.S.C.) For facts, see IV DOCKET 45. Jy. 6: CA DC unanimously reaffirmed its June 9 decision upholding State Dept's. right to deny passports to U.S. citizens for travel in China, on grounds that this is a "political decision" as to which Dept. "must be allowed wide latitude". Appeal to U.S.S.C. pending.
252.29. Re Rev. McKenna, et al. (Dept. of State, Passport Appeals Bd.) For facts, see IV DOCKET 45. Appeals Bd. affirmed denials of passports.
252.30. Re Jerome. (Dept. of State, Passport Appeals Bd.) For facts, see IV DOCKET 45. Passport Office denied passport. Appeal pending.
252.51. Sherwood, Bigelow, et al. v. U.S. (U.S.S.C.) For facts, see IV DOCKET 10, 72. July 28: petition for certiorari filed.
252.52. U.S. v. Reynolds. *

And see Pauling, 490.4.

253. Unfavorable Army discharges

253.9. Olenick v. Brucker. (CA DC.)*
253.50. Dr. Erdreich v. U.S. (U.S. Ct. of Claims.)*
253.51. Dr. Belsky v. U.S. (U.S. Ct. of Claims.)*
254. Deprivation of veterans disability payments

254.2. Thompson v. Veterans Admin. (VA Bd. of App.)*
255. Deprivation of Social Security rights

255.1. Flemming v. Nestor. (U.S.S.C.) For facts, see IV DOCKET 46. U.S.S.C. agreed to hear Gov't's. appeal from DC decision for Pl.-social security claimant deported to Bulgaria.
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.)*
257.4. In re Johnson. (F.C.C.)*
257.5. In re Cronan. (F.C.C.)*
258. Deportation proceedings (see also 358)

258.5. Diaz v. Barber. (CA 9.) For facts, see IV DOCKET 46. Cite: 261 F. 2d 300.
259. Denaturalization and Naturalization proceedings (see also 358)

259.4. U.S. v. Polites. (CA 6.)*
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259.5. Chaunt v. U.S. (CA 9.) Pl. ordered denaturalized. Issues: 1) whether evidence of mere membership in Communist Party within 5 yrs. before naturalization, and concealment thereof, constitutes sufficient showing under Nowak, 259.1, 356 U.S. 660; 2) whether concealment of arrests appearing on face of record to be for speech making and leaflet distribution — protected by First Amdt. — constitutes ground for denaturalization. July: appeal heard and submitted.

John W. Porter, Esq., 1344 Garnet St., San Diego, Calif.

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., App. Div.) For facts, see IV DOCKET 11. Motion for reinstatement denied; appeal pending.
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.) For facts, see IV DOCKET 11-12. Trial completed; brief submitted.
261.9. Wolstenholme v. Oakland Library Bd. (Calif. Dist. Ct. of App.)*
261.12. Wilson v. Los Angeles Civil Service Comm. (Civil Service App. Bd.) For facts, see IV DOCKET 72. Appeal pending.
262. Teaching (see also 267 and 342)

262.1. De Groate, et al. v. Long Beach Unified School Dist. (Los Angeles Super. Ct.) For facts, see IV DOCKET 12. Demurrers overruled; awaiting trial on merits.
263. Denial of State unemployment insurance rights

263.1a. Syrek v. Calif. Unemployment Insurance Appeals Bd., et al. (Calif. Dist. Ct. of App., 1st Dist., Div. 1.)*
263.2. Re Albertson. (NY Sup. Ct., App. Div., 3d Dept.)*
263.4. Jackson v. Calif. Unemp. Insurance Bd. (Calif. Unemp. Ins. App. Bd.) For facts, see IV DOCKET 73. Bd. held Pl. entitled to compensation because private corp. refused to hire her when she refused to sign oath, held Pl. subject to penalty (5 weeks loss of compensation) for refusal to go for job interview with Gov't. agency which would have required oath.
264. Denial of State licenses
265. Proceedings against attorneys and Bar applicants (see also 345, 373)

265.3. Florida v. Sheiner. (Fla Sup. Ct.) For facts, see IV DOCKET 12. While appeal pending, Fla. S. Ct. on suggestion of State, requested briefs on applicability of U.S.S.C. decisions in Lerner, 357 U.S. 468, and Beilan, 357 U.S. 399. June 1959: Fla. S. Ct. affirmed lower ct's. judgment dismissing disbarment proceedings, making no reference to Lerner or Beilan. Held: sole question presented: whether Def's. conduct in refusing to answer questions of Sen. Judiciary Sub-Comm. re membership in Communist Party was "so fraudulent, unethical and unprofessional as to warrant his disbarment", citing Sheiner, 82 So. 2d 657. Re: Petition for Revision of Integration Rule of Fla. Bar, 103 So. 2d 873.

Case note:

XIX Lawyers Guild Rev. 64 (Summer 1959).

265.4. In re Schlesinger. (Allegheny Co. Common Pleas Ct., Pa.)*
265.5. In re Steinberg. (Allegheny Co. Common Pleas Ct., Pa.)*
265.21. Konigsberg v. State Bar of California and Comm. of Bar Examiners. (Calif. Sup. Ct.) For facts, see IV DOCKET 12-13. After argument June 11, Ct. ordered oral argument transcribed. Decision awaited.
265.23. Re Anastaplo. (Ill. Sup. Ct., #780.) For facts, see IV DOCKET 13, 47, 73.

Amicus memorandum by Profs. Harry Kalven, Jr. and Roscoe T. Steffen, University of Chicago Law School.

Case note:

XIX Lawyers Guild Rev. 64 (Summer 1959).

265.24. Matter of Knobel. (NY Ct. of App.) Corrected statement of facts: Applicant for admission to NY Bar refused, on constitutional grounds, to answer questions about Communist affiliations. 1953: App. Div., 2d Dept. denied admission as lacking in "character and fitness". No appeal taken. 1958: after U.S.S.C. decision in Konigsberg, 353 U.S. 252, Applicant moved to vacate 1953 order. Jan. 1958: App. Div. denied motion. Feb. 1959: Ct. of App. dismissed appeal, holding order denying motion to vacate not a final order. Cite: 156 NE 2d 919.
265.25. Marshall v. State Bar of California and Comm. of Bar Examiners. (Calif. Sup. Ct.)*
266. Deprivation of right to tax exemption
267. Private employment — teaching (see also 262, 280 and 342)
268. Private employment — defense establishments (see also 344)

268.1a. Graham v. Richmond. (CA DC).*
268.1b. Homer v. Richmond. (DC DC.)*
268.3a. Dupree v. U.S. (U.S.S.C.) For facts, see IV DOCKET 13. CA 3 affirmed dismissal of complaint. Petition for certiorari pending.
- 96 -

268.5a. Dressler v. Wis. Emp. Relations Bd. (Wis. Sup. Ct.) For facts, see IV DOCKET 47. Sup. Ct. dismissed Pl's. petition. Cite: 94 NW 2d 609.
268.5b. Dressler v. McElroy, et ano. (DC DC.)*
268.7. Kreznar v. Wilson. (DC DC.)*
268.9. Bessell v. Clyde, et al. (formerly listed as v. Eastern Industrial Personnel Security Hearing Bd.) (CA 3.) For facts, see IV DOCKET 14, 47. Cited: 260 F. 2d 240.
268.10. Berman, et al. v. Nat'l. Maritime Union, et al. (SD NY.)*
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.) (360 U.S. 474.) For facts, see IV DOCKET 14. U.S.S.C. (8-1) reversed. Warren, C.J.: "The issue, as we see it, is whether the Dept. of Defense has been authorized to create an industrial security clearance program under which affected persons may lose their jobs and may be restrained from following their chosen professions on the basis of fact determinations concerning their fitness for clearance made in proceedings in which they were denied the traditional procedural safeguards of confrontation and cross-examination." (Deciding Bd. did not question investigators or even see confidential informants.)

"We decide only that in the absence of explicit authority from either the President or Congress the Resps. were not empowered to deprive Petr. of his job in a proceeding in which he was not afforded the safeguards of confrontation and cross-examination". Frankfurter, Harlan, Whittaker, JJ., concurring solely on ground of lack of showing Pres. or Congress. had authorized this type of procedure for clearance. Clark, J., diss.

268.13. Taylor v. McElroy. (U.S.S.C.) (360 U.S. 709.) For facts, see IV DOCKET 14, 47. June: U.S.S.C., per curiam, found Pl. had received clearance; Solicitor Genl. says information in his file will not be used against Pl. in future; findings against Pl. have been expunged; case therefore moot.
268.14. Brawner and Cafe and Rest. Workers Union Local 743 v. McElroy. (CA DC.)*
268.15. Spector v. Sperry Gyroscope Co. (CA DC.)*
268.16. Klimas v. Sperry Gyroscope Co. (Defense Dept.) For facts, see IV DOCKET 47. Pl. reinstated with back pay.
269. Private employment — Other

269.1. Faulk v. AWARE, Inc., et al. (Sup. Ct., N.Y. Co.)*
269.2. Allen v. Local 1976, Carpenters Union-AFL-CIO. (U.S.S.C.) Far facts, see IV DOCKET 14, 73. June 25: petition for certiorari filed. Issues: Pl's. right under First and Fourteenth Amendments denied; Pl. denied due process of law because Calif. Sup. Ct. decided case on issue not raised in pleadings, not embraced within trial ct's. findings, not presented on appeal.
269.4. New Orleans Newspaper Co. v. The Item Co. For facts, see IV DOCKET 14-15, 48. Cites: 256 F. 2d 474 (CA 5); cert. den. 358 U.S. 867.
270. Criminal Penalties for Non-disclosure (see also 330)
Law review article:

Bernard Schwartz, Executive privilege and Congressional investigatory power, 47 Calif. L. Rev. 3-50.

271. Congressional Committees (see also 330)

271.5. Davis v. U. S. (CA 6.)*
271.6. Watson v. U. S. (CA DC.)*
271.7. Barenblatt v. U. S. (U.S.S.C.) (360 U.S. 109.) For facts, see IV DOCKET 15. June: U.S.S.C. (5-4) affirmed conviction for contempt. Harlan, J.: (1) Watkins (354 U.S. 178) "did not involve the broad and inflexible holding" that Rule XI authorizing UnAmerican Activities Comm. was constitutionally too vague; besides, Congress, apart from Rule, has clearly shown it knows Comm. has authority to investigate broadly, has given it appropriations to investigate education, communism. (2) Pl. did not raise issue of pertinency; even if he had, pertinency was shown "with indisputable clarity". (3) Ct. is deciding only Pl. in contempt for refusing to answer questions re "his participation in or knowledge of alleged Communist Party activities at educational institutions" in US. (4) Comm. Party not "an ordinary political party". (5) Congress may investigate education. (6) No exposure for sake of exposure here. (7) "We conclude that the balance between the individual and the gov'tal interests here at stake must be struck in favor of the latter, and that therefore the provisions of the First Amendment have not been offended." Black, J., Warren, C.J., Douglas, J. diss.: (1) Rule XI "authorizes such a sweeping, unlimited, all -inclusive and undiscriminating compulsory examination of witnesses in the field of speech, press, petition and assembly that it violates the procedural requirements of the Due Process Clause of the Fifth Amendment. (2) Compelling an answer to the questions . . . [here] abridges freedom of speech and association in contravention of the First Amendment. (3) The Committee proceedings were part of a legislative program to stigmatize and punish by public identification and exposure all witnesses considered by the Comm. to be guilty of Communist affiliations, as well as all witnesses who refused to answer Comm. questions on constitutional grounds; the Comm. was thus improperly seeking to try, convict, and punish suspects, a task which the Constitution expressly denies to Congress and grants exclusively to the cts., to be exercised by them only after indictment and in full compliance with all the safeguards provided by the Bill of Rights." Brennan, J., diss. on exposure issue.
271.9. Russell v. U. S. (CA DC., #13529.)*
271.10. Deutch v. U. S. (CA DC.)*
271.12. Gojack v. U. S. (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.)*
- 97 -

271.17. Knowles v. U. S. (CA DC.)*
271.19. Price v. U. S. (CA DC.)*
271.20. Liveright v. U. S. (CA DC.)*
271.23. U. S. v. Sullivan (SD NY., #152-238.)*
271.24. U. S. v. Yarus aka Tyne. (SD NY.,#15586.)*
271.25. U. S. v. Seeger. (SD NY.)*
271.27. U. S. v. Hartman. (ND Calif.) For facts, see IV DOCKET 16, 74. Jy. 28: after trial before judge, Def. found guilty of contempt on 7 counts; 6 mth. sentence. Appeal pending. (See excerpts from Comm. hearings showing Comm. purpose to expose in Memo filed by Def.)
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. Wilkinson v. U. S. (CA 5.)*
271.32. Braden v. U. S. (CA 5.)*
271.33. U. S. v. Yellin. (ND Ind.) July 1959: Def.-student indicted for refusal to answer all questions Feb. 1958 before House UnAmerican Activities Comm. on basis of First Amendment and U.S.S.C. Watkins decision. Released on recognizance pending trial.

Victor Rabinowitz, Esq., 25 Broad St., NYC; Burton Wechsler, Esq., 504 Broadway, Gary, Indiana.

271.34. U. S. v. Lehrer. (ND Ind.) Facts, issues and status similar to Yellin, 271.33.
271.35. U. S. v. Malis. (ND Ind.) July 1959: Def.-steelworker indicted for refusal to answer questions Feb. 1958 before House UnAmerican Activities Comm. on basis of First Amendment and U.S.S.C. Watkins decision. Released on $1,000. bail pending trial.

Irving Meyer, Esq., 188 W. Randolph; Pearl Hart, Esq., 30 N. LaSalle, both of Chicago.

271.36. U. S. v. Samter. (ND Ind.) Facts, issues, status similar to Malis, 271.35.

Irving Meyer, Esq., 188 W. Randolph; Pearl Hart, Esq., 30 N. LaSalle, both of Chicago.

271.37. U. S. v. Turoff (ND NY.) Def.-worker indicted for refusal to answer questions about the political affiliations and beliefs of others, having answered all questions re his own former Communist Party membership and activities. Awaiting trial.

Herald P. Fahringer, Esq., 35 Court St., Buffalo.

271.38. U. S. v. Ingerman. (ND NY.) Facts, issues, status similar to Turoff, 271.37.

Peter L. Parrino, Esq., 387 Washington St., Buffalo.

271.39. U. S. v. Goldfine. (DC DC.) Def.-businessman indicted for contempt for refusal to answer questions re business dealings before House Legislative Oversight Committee. June 24, 1959: DC denied Def's. motion to dismiss indictment on ground questions Def. refused to answer were framed from information illegally obtained by subcommittee's chief investigator. Jy. 24: following trial before Ct., Def. found guilty, given suspended sentence of 1 yr. and $1,000 fine, directed to answer questions if given another chance to do so.

Edward Bennett Williams, Esq., 839 17th St. NW, Washington, D.C.

And see cases at 222.

272. State committees
And see cases at 223.
272.3. New Hampshire v. Uphaus. (U.S.S.C., #778.) June: U.S.S.C. (5-4) upheld conviction of Def., deciding sole question: validity of order of contempt for refusal to produce list of guests at Def's. World Fellowship camp in N.H. Clark, J.: (1) All Nelson (350 U.S. 497) did was proscribe "a race between fedl. and state prosecutors to the courthouse door. The opinion made clear that a State could proceed with prosecutions for sedition agains the State itself; that it can legitimately investigate in this area follows a fortiori." (2) ". . . the academic and political freedoms discussed in Sweezy (354 U.S. 234) are not present here in the same degree, since World Fellowship is neither a university nor a political party". (3) N.H. Sup. Ct. found beyond reasonable doubt N.H. Legislature desired answers from Def.; U.S.S.C. bound by this. (4) Def. had standing to assert any rights of guests whose identity he sought to shield. (5) In balancing interests of Def. (and guests) under First Amendment against State interest, the latter controls. Brennan, J., Warren, C.J., Black, Douglas, JJ. diss.: analyzing Atty. Gen'ls. reports from his investigations: ". . . it is quite clear that exposure was the very core, and deliberately and purposefully so, of the legislative investigation we are concerned with here . . . If bills of attainder were still a legitimate legislative end, it is clear that the investigations and reports might naturally have furnished the starting point (though only that) for a legislative adjudication of guilt under the 1951 Act . . . I can see no serious and substantial relationship between the furnishing of these further minutiae about what was going on at the World Fellowship camp and the process of legislation, the consideration of the enactment of laws, with which ultimately we are concerned . . . Here we must demand some initial showing by the State sufficient to counter-balance the interest in privacy as it relates to freedom of speech and assembly . . . N.H. has not made such a showing here." Petition for rehearing pending.
272.3. DeGregory v. Wyman, Atty. Genl. of N.H. (U.S.S.C., #7 Misc.) For facts, see IV DOCKET 16. June 29: U.S.S.C., per curiam, granted motion to dismiss for want of fedl. question. (Warren, C.J., Black and Douglas, JJ., would note probable jurisdiction.)

And see Morgan and Raley, 355.1 and .4.

- 98 -

272.4. N.A.A.C.P., Va. Conference of N.A.A.C.P., et al. v. Ames. (ED Va.)*

And see cases at 204 and 213.

272.7. Scull v. Va. Comm. on Offenses against Administration of Justice. (U.S.S.C.) For facts, see IV DOCKET 17, 74. Cite: 359 U.S. 344.
272.8. Perry, et ano. v. Florida Legislative Comm. (Fla. S. Ct.) For facts, see IV DOCKET 17, 48. Cite: 106 So. 2d 198.
272.9. Gibson, et al. v. Florida Legislative Investigating Comm. (formerly listed as In re Graham.) (108 S. 2d 729, cert. den. 359 U.S. 903.) Fla. S. Ct. held: witnesses before Def.-Comm. must give list of names of NAACP members in Co. so Comm. can check whether 100 named as Communists are also NAACP members; witnesses must answer whether named person, identified as Communist, is NAACP member, otherwise need not answer whether named person is Communist because no showing of pertinency; Nelson decision permits state investigations of this kind; Atty. Graves, called as witness, cannot claim atty.-cient privilege in refusing to produce NAACP records because records are not his work product as atty. June 22: U.S.S.C. denied certiorari. (Warren, C.J., Black and Douglas, JJ. are of opinion cert. should be granted.)
273. Legal and administrative tribunals
274. Refusal to produce records

274.1. Flaxer v. U.S. (U.S.S.C.) For facts, see IV DOCKET 17, 49. Cite: 358 U.S. 147.
274.3. McPhaul v. U.S. (CA 6.)*
280. Civil Penalties for Non-disclosure (see also 340)

280.1. Nostrand v. Balmer (formerly listed as v. U. of Washington, et al.) (U.S.S.C.) (153 Wash. Decisions 431.) For facts, see IV DOCKET 17, 74. Wash. Sup. Ct. affirmed holding that Sec. 3 of Chap. 377, Laws of 1955 — incorporating U.S. Atty. Gen'l's. list of "subversive organizations" in oath provision for state employees — is unconstitutional. Ct. upheld constitutionality of remainder of act, including: 1) finding that Communist Party is a "subversive organization"; 2) State has power, even under Nelson, 350 U.S. 497, to pass state act regarding seditious activities against state; 3) State can require every present or prospective public employee to state under oath whether he is a member of the Comm. Party or other subversive organization at time oath is taken. This is not bill of attainder, nor does it violate privilege against self-incrimination; 4) "Scienter" is implied in every clause" of oath. May 28: notice of appeal to U.S.S.C. filed.

And see cases at 221.

280.4. Matter of N.Y. Bd. of Higher Education v. Allen, Hughes et al. (NYC Bd. of Higher Education.) For facts, see DOCKET 17-18, 74. June 20: Prof. Hughes, at dep'tal. hearing, repeated his 1954 admission of Communist Party membership 1938-1941, repeated his refusal to give names of 11 others in Communist Party club, said only one now at Hunter College — and his case had been "closed". Jy. 24: Bd. ordered Hughes reinstated with full back pay of $54,000., less earnings since suspension in 1954.
280.5. Matter of N.Y. Bd. of Education v. Allen, et al. (NYC Bd. of Educ.) For facts, see IV DOCKET 17-18, 74. Awaiting hearings before Bd.
280.8. Allen v. Office Employees Intl. Union, et al. (King Co. Ct.)*
280.10. Wirin v. Ostly and Jordan. (Los Angeles Super. Ct.) For facts, see IV DOCKET 49. Ct. overruled demurrer of Secy. of State; Pl's. motion for summary judgment pending.
290. Penalties for False Disclosure
291. Taft-Hartley Oath (see also 203)

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

And see West, 291.20.

291.20. U. S. v. West, Haug, et al. (CA 6.)*
292. Government Security Questionnaires
293. Miscellaneous

293.1. N. Y. v. Carman. (NY Ct. of App.) For facts, see IV DOCKET 49. Conviction affirmed.
295. Right of Privacy
Case note:

Whether after acquittal, retention of identification data in local police files constitutes invasion of right of privacy; Kolb v. O'Conner, (14 Ill. App. 2d 81, 142 NE 2d 818), 36 Chicago - Kent L. Rev. 67-70.

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

Law review article:

Francis A. Allen, The Supreme Court, federalism, and state system of criminal justice, 8 DePaul L. Rev. 213-255.

Symposium: Controversy over the Court:

The Fourteenth Amendment and state criminal procedure, 10 Syracuse L. Rev. 262-268.

Comment:

Appellate review on the facts in the criminal case — how much evidence is "some" evidence, 19 La. L. Rev. 843-854.

Law review articles:

Special issue on Criminal Law Reform: XIX Lawyers Guild Rev. 43-63:

Al Matthews, The problems of search and seizure and the use of informers;

Russell E. Parsons, Pretrial discovery in criminal cases;

Leo Branton, Jr., Financial responsibility of police officers;

Robert E. Treuhaft, Abolition of bail in misdemeanor cases;

Coleman Blease, Abolition of the death penalty in California;

James R. Akers, Jr., Minority groups and the need for criminal law reform.

Law review articles:

William O. Reichert, Capital punishment reconsidered, 47 Ky. L. Jour. 397-419.

Margery Fry, Compensation for victims of criminal violence: A round table introduction, 8 Journal of Public Law 191-252.

Case note:

Legislature cannot delegate its power to define a crime by making violation of rules and regulations of administrative body a crime: Casey v. People, (336 P. 2d 308, Colo. 1959), 36 Dicta 241-243.

300. Searches and Seizures
Comment:

Procedures for suppressing illegally seized evidence, 20 Mont. L. Rev. 225-239.

301. Wiretapping

301.4. Pennsylvania v. Voci. (U.S.S.C.) For facts, see IV DOCKET 50. Cites: 143 A. 2d 652; cert. den. 358 U.S. 885.
301.6. U. S. v. Benanti. (355 U.S. 96.) For facts, see IV DOCKET 11, 53.

Case note:

11 S.C. Law Q. 282-284.

Case note:

"Interception" in telephonic communications under Sec. 605 of Fedl. Communications Act: State v. Giardina, (27 N.J. 313, 142 A. 2d 609, 1958): 8 Journal of Public Law 318-324.

302. Other Federal cases

302.4. Draper v. U. S. (U.S.S.C.) For facts, see IV DOCKET 19, 50. Cite: 358 U.S. 307.

Case notes:

34 Notre Dame Lawyer 464-466;

107 U. of Pa. L. Rev. 1040-1046.

302.6. Local 107 v. McClellan, et al. (U.S.S.C.) For facts, see IV DOCKET 19. Pl. filed amended complaint alleging Def.-Senators had completed their use of files, now were permitting Commr. of Internal Revenue and District Atty. to use and copy from Pl's. records in Def's. control. Dec. 1958: DC DC denied preliminary injunction. CA DC affirmed without opinion. U.S.S.C. denied certiorari.
302.8. Joines v. U. S. (U.S.S.C.) For facts, see IV DOCKET 19, 50. Citse: 246 F. 2d 278, 357 U.S. 573; 258 F. 2d 471, cert. den. 358 U.S. 880.
302.9. U. S. v. Abel. (U.S.S.C.) (258 F. 2d 485, 358 U.S. 813, 359 U.S. 940.)*

Case note:

107 U. of Pa. 1192-1206.

302.10. Hanna v. U. S. (CA DC.) (260 F. 2d 723.) For facts, see IV DOCKET 19.

Case notes:

5 Wayne L. Rev. 251-4;

12 Vanderbilt L. Rev. 944-7;

6 U.C.L.A. L. Rev. 703-7.

302.11. Wirin v. Hilden, et al. (SD Calif.)*
303. Other State cases

303.5. Franklin, et al. v. Gough, et al. (Los Angeles Super. Ct.)*
303.9. Ohio ex rel. Eaton v. Price, Dayton Police Chief. (U.S.S.C., #699.) For facts, see IV DOCKET 19, 75. U.S.S.C. granted certiorari; 4 JJ. filed statement of their reasons for opposing certiorari (a procedure seldom followed.)
303.9a. Frank v. Maryland. (formerly listed v. Baltimore Health Dept.) (U.S.S.C.) For facts, see IV DOCKET 75. Cite: 359 U.S. 360.
303.10. Swanson v. McGuire, et al. (ND Ill., #57-C-1164.) For facts, see IV DOCKET 19. Reset for trial Oct. 21, 1959.
303.14. Cedeno, et al. v. Lichtenstein, et al. (formerly listed as Olivera, Vasquez, et al. v. City of Chicago.) (ND Ill., #58-C-1712.) Defs'. motion to dismiss under advisement.

Charles Pressman, Ernst Liebman and Donald Page Moore, Esqs., 105 W. Adams St., Chicago.

303.17. New York v. Massey. (NY Ct. of App.) For facts, see IV DOCKET 51. NY Ct. of App. unanimously affirmed App. Div. reversal of conviction. Def's. suit against NYC for false arrest pending.
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303.18. Rosenberg v. Assemblyman Allan. (Calif. Sup. Ct.) For facts, see IV DOCKET 75. Super. Ct. reversed, sustained demurrer without leave to amend, holding Def. immune from suit here. Dist. Ct. of App. issued permanent writ of prohibition. Petition for hearing before Calif. Sup. Ct. pending.

Thomas Whelan, Esq., 411 Orpheum Theatre Bld., San Diego.

303.19. Jackson v. City of New York. (NYC Comptroller.) Pl.-Negro woman under doctor's care, left apartment early in morning to move husband's car on noticing, thru window, policeman ticketing all cars parked in area where tenants had been permitted to park for yrs. Policeman took Pl. to station, over her protests, held her without charge, gave no assistance when she became ill or fell due to illness. Pl. suing for false arrest, claiming $25,000. damages. Pending.

Jawn A. Sandifer, Esq., for N.A.A.C.P., 101 W. 125th St., NYC.

303.20. Michaels v. Chappel. (LA Co. Super. Ct.) Pl.-radio news-caster wrote and broadcast a script describing activities of Def.-agent in charge of Fedl. Bureau of Narcotics office in allegedly trying to frame Mickey Cohen. Pl. alleges Def. then had subpoena served on him for appearance before grand jury, when Def. admitted his sole purpose was to obtain copy of script. When Pl. appeared, D.A. told him he was not wanted as witness. Suit for $11,500. damages for violation of First and Fourth Amendment rights. Pending.

A. L. Wirin and Fred Okrand, Esqs., 257 S. Spring St., Los Angeles.

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

Results of drunkometer test upheld under attack as hearsay: City of Seattle v. Bryan, (333 P. 2d 680, 1958), 10 Syracuse L. Rev. 360-361.


312.2. Pennsylvania v. Jakobowitz. (Ct. of Com. Pleas, Phila. Co.) For facts, see IV DOCKET 19. Magistrate's summary conviction of Def. reversed on certiorari due to defective record, including no sworn information, no opportunity to be heard, no transcript for appeal.

Jencks point cases:

The Jencks Rule's application to adversary adjudications of administrative agencies, 68 Yale L. Jour. 1409-1423.

Jencks and administrative proceedings: conscientious objectors and government employees, 34 Ind. L. Jour. 441-461.

Case note:

Jencks Rule held applicable to administrative hearings: NLRB v. Adhesive Products Corp., (258 F. 2d 403, CA 2 1958), 10 Syra. L. Rev. 353-355.

312.9. U. S. v. Carlisle. (CA 9.)*
312.10. Lev v. U. S. (U.S.S.C., #435.) For facts, see IV DOCKET 51. June 23: U.S.S.C. (4-4) affirmed conviction.
312.11. Wool v. U. S. (U.S.S.C., #436.) For facts, see IV DOCKET 51. June 23: U.S.S.C. (4-4) affirmed conviction.
312.12. Rosenberg v. U. S. (U.S.S.C., #451.) (257 F. 2d 760.) Far facts, see IV DOCKET 51. June 22: U.S.S.C. held it was error for trial judge to deny Def's motion for production of letter written by Gov't. witness to FBI stating that witness feared her memory on events she was to testify to. Maj., per Frankfurter, J., held error harmless where same information was revealed by witness during cross-examination and on questioning by trial judge. Brennan, J., Warren, C.J., Black, Douglas, JJ., diss.: This was not harmless error because this witness gave sole corroboration of testimony of chief Gov't. witness.
312.13. Pittsburgh Plate Glass v. U. S. (U.S.S.C., #489.) (260 F. 2d 397.)

and

312.14. Galax Mirror Co. v. U. S. (U.S.S.C., #491.) (260 F. 2d 397.) For facts in both cases, see IV DOCKET 52. June 22: U.S.S.C. (5-4) held Defs. not entitled to inspect grand jury minutes of testimony of Gov't. witnesses used in trial, either under U.S.S.C. decision in Jencks, or under Jencks Act, Sec. 3500. Brennan, J., Warren, C.J., Black, Douglas, JJ., diss.: Def. requested trial judge to inspect grand jury minutes and turn over that part showing testimony of Gov't's. chief witness on matters testified to in trial. Impeachment of this witness would have been important. "The considerations which moved us to lay down this principle as to prior statements of gov't. witnesses made to gov't. agents [in Jencks] obviously apply with equal force to the grand jury testimony of a gov't. witness. For the defense will rarely be able to lay a foundation for obtaining grand jury testimony by showing it is inconsistent with trial testimony unless it can inspect the grand jury testimony, and, apparently in recognition of this fact, the Court holds today that a preliminary showing of inconsistency by the defense would not be necessary in order for it to obtain access to relevant grand jury minutes".
312.14a. Palermo v. U. S. (U.S.S.C.) (258 F. 2d 397.) Issue: was Def. entitled to inspection of statement of Gov't. witness when statement consisted of agent's brief summary of 600 words of conversation with witness lasting 3½ hrs, under Jencks Act? June 22: U.S.S.C. affirmed conviction; Frankfurther, J.: sole standard governing this question is Jencks Act, under which production not required because not authenticated or substantially verbatim pre-trial statement. Brennan, J., Warren, C.J., Black, Douglas, JJ.: concur in result, but see "no justification for the Court's ranging far afield of the necessities of the case in . . . a general interpretation of the so-called Jencks Act. Many more concrete cases must be adjudicated in the district courts before we shall be familiar with all the problems created by the statute . . . Indeed Congress took particular pains to make it clear that the legislation 'reaffirms' that decision's holding that a Def. on trial in a criminal prosecution is entitled to relevant and competent reports and statements in possession of the Gov't. touching the events and activities as to which a gov't. witness has testified at the trial".

Case note:

12 Vand. Law Rev. 939-943.

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312.15. Harris v. U. S. (U.S.S.C., #619.) For facts, see IV DOCKET 52. June 29: U.S.S.C. denied certiorari.
313. Entrapment

313.3. North Carolina v. Caldwell. (N.C. Sup. Ct.) (105 S.E. 2d 189.) Defs. convicted of conspiracy to dynamite public school. On appeal, N.C. Sup. Ct. affirmed: rejected Defs'. plea of entrapment where jury found plan to bomb school originated with Defs., altho Ct. regretted that police dept., thru its agent, took such active part in preparation for bombing.

And see U.S.S.C. opinion in Morgan, 335.1.

314. Conspiracy

314.1. Ingram v. U. S. (U.S.S.C.) (259 F. 2d 886, 360 U.S. 672.) Four Defs. and others convicted of conspiring to evade payment of fedl. lottery tax. U.S.S.C. affirmed as to Def.-proprietors, unanimously reversed as to Def.-employees, held all four Defs. had participated in lottery and concealment thereof, in violation of state law. 2 Defs., proprietors, liable to pay fedl. tax, failed to pay it; 2 Defs. only employees; no evidence in the record to show they knew such tax had to be paid. Harlan, Douglas, Brennan, JJ., concurred in reversal as to 2 Defs., dissented as to affirmance as to 2 Defs. for lack of proof that they knew tax was owing.

Wesley R. Asinof, Esq.

320. Double Jeopardy
Case note:

Double jeopardy: prior conviction of lesser degree of crime is implied acquittal of greater charged offense: Gomez v. Superior Ct., (60 Cal. 2d 640, 328 P. 2d 976, 1958), 47 Calif. L. Rev. 187-190.

Double jeopardy, 63 Dickinson L. Rev. 355-358.

321. Federal cases

321.3. Ladner v. U. S. (U.S.S.C.,) For facts, see IV DOCKET 52. Cite: 358 U.S. 169.

Case notes:

19 La. L. Rev. 868-872;

28 Fordham L. Rev. 152-156.

321.4. Abbate v. U. S. (U.S.S.C.) For facts, see IV DOCKET 52, 76. Cites: 247 F. 2d 410; 359 U.S. 187.

Case note:

36 Dicta 243-5.

321.5. Harris v. U. S. (U.S.S.C., #11.) For facts, see IV DOCKET 52, 76. Correction: Def. convicted of separate crimes of unlawfully purchasing, unlawfully receiving and concealing unstamped heroin. Cites: 258 F. 2d 196 (CA 8), 359 U.S. 19.
321.6. Gondron v. U. S. (U.S.S.C.) (252 F. 2d 149; 256 F. 2d 205, 358 U.S. 865, 902.) Corrected statement of facts: Defs. convicted in DC under fedl. narcotics law. On Defs'. appeal, Gov't. moved in CA 5 for new trial because convictions might have been tainted by false testimony of key witnesses. CA 5 reversed and remanded for new trial. On retrial, over double jeopardy pleas in bar, Defs. convicted. CA 5 affirmed. U.S.S.C. denied cert., denied motion to remand, denied rehearing.
321.7. Greene v. U. S. (CA DC.) (358 U.S. 326.) For facts, see IV DOCKET 52. After remand, May 14, 1959, CA DC vacated all sentences and fines except on two counts, i.e., 40 months to 10 yrs. plus $1000. fine. Case closed.
322. State cases

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

Case note:

5 N.Y. Law Forum 215-17.

322.3. Bartkus v. Illinois. (U.S.S.C.) For facts, see IV DOCKET 20, 76. Cite: 359 U.S. 121.

Case note:

19 La. L. Rev. 877-880.

322.4. Williams v. Oklahoma. (U.S.S.C.) For facts, see IV DOCKET 53, 77. Cites: 321 P. 2d 990; 358 U.S. 576.
330. Self-incrimination: Criminal Sanctions (see also 270)
331. Congressional Committees

331.7. U. S. v. William Davis. (ED Mo., E. Div.)*
332. State Committees
333. Grand juries and tribunals

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333.10. Mills v. Louisiana. (U.S.S.C., #74-75.) For facts, see IV DOCKET 53. June 8: U.S.S.C. (6-3) affirmed judgments, per curiam, citing Knapp, 357 U.S. 371. Brennan, J., concurred, reiterating nothing in Mills forecloses reconsideration of Feldman, 322 U.S. 487. Warren, C.J., Black, Douglas, JJ., diss.: "In Knapp . . . the Court left open the question whether in the case of collaboration between state and fed'l. officers a witness could successfully assert the fed'l. privilege against self-incrimination in a state proceeding. In my view that question should be answered here for the records in these cases show such collaboration". "The Knapp decision when taken in conjunction with Feldman, means that a person can be convicted of a fedl. crime on the basis of testimony which he is compelled to give in a state investigation. This opens vast opportunities for calculated efforts by state and fedl. officers working together to force a disclosure in a state proceeding and to convict on the basis of that disclosure in a fedl. proceeding. Such opportunities will not go unused unless the cts. are vigilant to protect the rights of persons who find themselves faced with such coaction . . . Such vigilance becomes increasingly required as the Fedl. Gov't., through prosecutions for tax evasion, moves into the criminal areas regulated by the States". Douglas, J. (Warren, C.J., Black, J.), diss.: "As long as Feldman stands on the books, the state courts should be required to recognize the fedl. right against self-incrimination — lest it be lost forever . . . The question remains whether a state court can override a claim of fedl. right seasonably raised in the state proceeding, when the failure to recognize the fedl. right will result in its destruction or nullification".
333.11. Matter of NY Commission of Investigation v. Rosato. (NY App. Div., 1st Dept.)*
333.12. Matter of NY Commission of Investigation v. Lombardozzi. (NY Ct. of App.) For facts, see IV DOCKET 53, 77. Cite: 159 N.E. 2d 250.

And see 333.13.

333.13. Castellano v. NY Commission of Investigation (U.S.S.C.) For facts, see Lombardozzi, 333.12, IV DOCKET 53, 77. June 29: U.S.S.C. denied appeal and petition for certiorari. July: Sup. Ct., NY Co. released Def. for having answered questions of State Investigation Comm., whether answers were truthful or not; otherwise, he could be held for life imprisonment.
333.14. Brown v. U. S. (U.S.S.C.) For facts, see IV DOCKET 77. Cite: 359 U.S. 41.
334. Grants of immunity: federal
335. Grants of immunity: state

335.1. Morgan v. Ohio. (U.S.S.C., #453.) For facts, see IV DOCKET 20. June 22: U.S.S.C. (8-0) reversed conviction, having dismissed appeal, granted certiorari. Brennan, J.: "After the Commission, speaking for the State, acted as it did, to sustain the Ohio Supreme Court's judgment would be to sanction an indefensible sort of entrapment by the State — convicting a citizen for exercising a privilege which the State had clearly told him was available to him". Ohio has a broad immunity statute, but, "for reasons unexplained," its existence was not mentioned to Def. "We think it impermissible in a criminal case to excuse fatal defects by assuming that a person summoned to an inquiry, simply because he expresses defiance beforehand, will continue to be defiant even if a proper explanation is made of what the inquiry wants of him and the basis on which it is wanted".
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. June 22: U.S.S.C. decided these cases jointly with Morgan, 335.1, reversing 2 convictions 8-0, affirming (4-4) per Clark, J., conviction of Stern for refusing to answer "Where do you reside, . . .", after Comm. Chairman refused to accept Stern's plea of the privilege and "twice unequivocally" directed him to answer.
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. (U.S.S.C.) For facts, see III DOCKET 78. Cite: 357 U.S. 371.

Case note:

26 U. of Chi. L. Rev. 164-175.

336. Criminal registration laws

336.1. Lambert v. California. (Calif. Dist. Ct. of App.)*

Comment:

5 N.Y. Law Forum 204-208.

336.2. Reyes v. U. S. (CA 9.) For facts, see IV DOCKET 21, 54. Cite: 258 F. 2d 774.
336.3. Perez v. U. S. (CA 9.) For facts, see IV DOCKET 21, 54. Cite: 258 F. 2d 774.
336.5. California v. Shibley. (Los Angeles Co. Super. Ct.)*
336.6. Abbott v. City of Beverly Hills. (Los Angeles Co. Super. Ct.) For facts, see IV DOCKET 77. Pl. filed motion for summary judgment testing constitutionality of ordinance requiring registration of one who, convicted of felony at any time, enters City 5 or more times in month. Pending.
337. Miscellaneous
340. Self-incrimination: Civil Sanctions (see also 280)
Case note:

Privilege against self-incrimination in examination before trial: Levine v. Bornstein, (13 Misc. 2d 161, 174 N.Y.S. 2d 574, Sup. Ct. 1958), 25 Brook. L. Rev. 319-323.

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

342.2b. Austin v. NY Bd of Higher Education. (NY Ct. of App.) For facts, see IV DOCKET 21, 77. Cite: 158 N.E. 2d 681.
342.3. Lowenstein and Zimmerman v. Newark Bd. of Educ. (N.J. State Commission of Education.) For facts, see IV DOCKET 54. June 2: State Educ. Commr. upheld Pl's. dismissal, effective 1957 — date he refused to answer questions of Newark's school sup't.
342.4. Mass v. San Francisco Bd. of Educ. (Cal. Super. Ct.) For facts, see IV DOCKET 21. Pending new trial.
342.9. Beilan v. Bd. of Educ. (U.S.S.C.) For facts, see III DOCKET 79. Cite: 357 U.S. 399.

Case note:

6 U.C.L.A. L. Rev. 696-8.

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

343.3. Globe and Nelson v. Los Angeles County. (U.S.S.C.) For facts, see IV DOCKET 21, 78. June 29: U.S.S.C. granted certiorari.
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. Co.) For facts, see IV DOCKET 22. Motion by Pl. to strike portions of Def's. answer pending. Issue: does employee, at time of employment, have duty affirmatively to disclose that he is, or was, a member of the Communist Party.
344.6. United Electrical, Radio and Machine Workers of America, Local 610 v. Westinghouse Airbrake Co. (Allegheny Co. Ct. of Common Please, #3132.)*
344.7. Nelson v. General Electric. (Muni. Ct. of App., Dist. of Col., #6521-57.) For facts, see IV DOCKET 22. Sept. 15: new trial date.
344.8. Watterman v. S. Calif. Gas Co. (Los Angeles Super. Ct.) For facts, see IV DOCKET 22. June 17: Los Angeles Super. Ct. overruled motions for summary judgment by Pl. and Def. Case to be tried on merits.
344.9. Sief, et al. v. Bethlehem Steel Co. and United Steelworkers Union. (Balt. City Super. Ct.)*
344.13. Zelman, et al. v. Bethlehem Steel Co. and United Steelworkers Union. (DC Pa.)*
345. Attorneys (see also 265, 373)
See decision of Fla. S. Ct. in Sheiner, 265.3.
346. Unemployment insurance and Social Security (see also 263)
Case note:

Unemployment insurance — Fifth Amendment — Disqualification for refusal to answer charges of communist affiliation: Ault v. Unemployment Compensation Bd., (188 Pa. Super. 260, 146 A. 2d 729. 1958), 34 Notre Dame Lawyer 469-473.


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, 55, 78. Cite: 147 A. 2d 738.
346.6. Panzino, et al. v. Pa. Employment Compensation Bd. of Review. (Pa. Super. Ct., #31, 32, 33, Apr. Term.)*
350. Due Process
351. Delay in arraignment
Comment:

Prearraignment interrogation and the McNabb-Mallory Miasma: a proposed amendment to the federal rules of criminal procedure, 68 Yale L. Jour. 1003-1038.

352. Grand Jury procedures
353. Confessions

353.3. Reck v. Ragen (CA 7.) For facts, see IV DOCKET 23. Apr. 28: DC quashed writ of habeas corpus, remanded Def. to custody. Certificate of probable cause issued by DC; appeal in forma pauperis to CA 7 pending.
353.4. Spano v. New York. (U.S.S.C.) (4 NY 2d 256, 173 NYS 2d 793, 150 NE 2d 266.) Feb. 1, 1957: Def. indicted by grand jury for first degree murder. Feb. 3: Def. called close friend, a rookie policeman, describing incident resulting in death of decedent. Feb. 4: Def., accompanied by counsel, surrendered. Def. then questioned, off and on, for 12 hours (thru the night), driven in police car back and forth across Manhattan bridges, transferred from one police station to another. Def. then signed confession. Def's. repeated requests to confer with counsel were denied during entire period. Def. convicted of first degree murder; affirmed. U.S.S.C. unanimously reversed, Warren, C.J.: "We conclude that Pet'r's. will was overborne by official pressure, fatigue and sympathy falsely aroused . . . The police were not . . . merely trying to solve a crime, or even to absolve a suspect . . . They were rather concerned primarily with securing a statement from Def. on which they could convict him . . ." Douglas, J., concurring: "What use is a Def's. right to effective counsel at every stage of a criminal case if, while he is held awaiting trial, he can be questioned in the absence of counsel until he confesses? In that event, the secret trial in the police precincts effectively supplants the public trial guaranteed by the Bill of Rights".
- 104 -

354. Unfair press releases
Law review article:

Fair trial v. free press in criminal trials, 47 Calif. L. Rev. 366-373.


354.1. U. S. v. Dellamura, et al. (SD NY.) July 7, 1959: Defs. accused of bank robbery. After jury chosen, NY Daily News ran story referring to one Def. as "an old hand at bank stickups" and to others as "three tough Brooklyn exconvicts". Def. moved for mistrial. DC polled jurors, 11 of whom had read story. DC granted motion for mistrial, which Gov't. did not oppose. Def. waived right to jury trial, with stipulation that evidence already in record would remain in record. Trial before DC judge proceeded.
355. Perjured testimony (see also 312)
Case note:

Due process-intentional admission of perjured testimony: Alcorta v. Texas, (355 U.S. 28, 1957), 11 S.C. L. Quart. 278-279.


355.4. Sobell v. U. S. *
355.5. Napue v. Illinois. (U.S.S.C.) 1940: Def. convicted of killing a policeman; sentenced to 199 yrs. June 15, 1959: U.S.S.C. reversed (unanimously); held Def. convicted on false testimony of an accomplice; remanded case, permitting retrial.
355.6. Swanston v. New York. (NYC Sup. Ct., App. Div.) Def. mentally retarded Negro 18 yr. old, convicted of assault. March, 1959: Def. moved for new trial on ground chief Gov't. witness told two conflicting stories, one at Children's Ct. and one at Co. Ct. June 10: App. Div. ordered new trial for Def.

Asher Lans, Esq., 521 Fifth Ave., NYC.

356. Courts martial

356.1. Guagliardo v. McElroy, Secy. of Defense, et al. (U.S.S.C., #570.) (259 F. 2d 927; cert. granted 358 U.S. 904.)
356.2. Lee v. Madigan. (U.S.S.C.) For facts, see IV DOCKET 23, 55. Cite: 358 U.S. 228.

Case notes:

61 W. Va. L. Rev. 342-3;

47 Georgetown L. Jour. 803-807;

10 Syracuse L. Rev. 365-7.

356.3. U. S. v. Dial. (SD W. Va.)*
356.4. Re Pfc. Savage. (Army Brig. Gen. Walmsley.)*
356.5. Kinsella v. Singleton. (U.S.S.C., #571.) (Cert. granted, 359 U.S. 903.)*

Case notes:

Inactive reservist amenable to court-martial for crime committed during active duty on foreign soil: Wheeler v. Reynolds, (164 F. Supp. 951, N.D. Fla, 1958), 10 Syracuse L. Rev. 348-350.

Military law — where evidence is sufficient to raise issue of entrapment, defense counsel's conclusion that defense of entrapment would be frivolous indicates at least such negligence as to constitute ineffective assistance and therefore a denial of due process: U. S. v. Horne, (9 U.S.C.M.A. 601, 26 C.M.R. 381, 1958), 47 Georgetown L. Jour. 607-610.

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

358.8. Mackey v. Mendoza-Martinez. (U.S.S.C., #649.) (Cert. granted, 358 U.S. 933.)*
358.13. Title v. U. S. (U.S.S.C.) (263 F. 2d 28; 359 U.S. 989.) For facts, see IV DOCKET 23-24, 56, 79. U.S.S.C. denied petition for rehearing.

And see Polites, 259.4.

358.15. Williams v. U. S. (CA 6.)*
358.51. Heikkila v. U. S. (CA 9.) (B.I.A.)*
358.52. Re Daniels. (Imm. Hg. Officer.) Non-citizen arrested for deportation to Greece due to former Communist Party membership. Hearing postponed to permit Resp. to produce testimony that deportation of ex-Communist to Greece would result in political persecution.

Seymour Mandel, Esq., 4041 Marlton, and Matthew M. Richman, Esq., 6505 Wilshire Blvd., both of Los Angeles.

358.53. Kimm v. Hoy. (U.S.S.C.) Alien declined to testify whether he was or had ever been a member of Communist Party, claiming privilege against self-incrimination. Issue: May alien lawfully be held ineligible for suspension of deportation and privilege of voluntary departure solely on this ground? CA 9 held for Gov't. June 24, 1959: petition for certiorari filed; pending.

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

Comments:

Expatriating the dual national, 68 Yale L. Jour. 1167-1181.

Foreign residence as an act of expatriation: "two-class" citizenship, 25 Brooklyn L. Rev. 292-310.

359. Loyalty hearings (see also 251 and 268)
See U.S.S.C. opinions in Vitarelli, 251.9; Greene, 268.12; Taylor, 268.13.
360. Speedy and Public Trial

350.4. Re 16-year Old. (Louisville Crim. Ct.)*
360.7. Marshall v. U. S. (U.S.S.C., #383.) For facts, see IV DOCKET 56. June 15: U.S.S.C. (8-1), per curiam, reversed, ordered new trial. (Black, J., diss.)
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370. Right to Counsel
Comment:

Indigent prisoner's right to counsel — waiver, 34 Washington L. Rev. 181-183.

Case notes:

Attorney-client privilege applicable to letter censored in prison: U. S. v. Fouts, (166 F. Supp. 38, S.D. Ohio 1958), 10 Syracuse L. Rev. 331-333.

Legally unqualified counsel may not defend accused before general courts-martial: U. S. v. Kraskouskas, (9 U.S.C.M.A. 607, 26 C.M.R. 387, 1958), 10 Syracuse L. Rev. 355-358.

1959 Duke L. Jour. 470-475.

371. Federal cases

371.4. Majeske v. U. S. (U.S.S.C., #933.) Def. hired atty. to represent him in trial for reproducing stolen currency. Different atty. came to arraignment. On trial date, second atty. appeared, asked continuance because retained counsel in another trial. Jury selected, Ct. then postponed trial 1 day. Next day Ct. denied Def's. motion for continuance to permit representation by counsel of his choice, trial proceeded with second atty. (unprepared.) Def. convicted; CA 9 affirmed. Petition for certiorari pending.

A. L. Wirin and Fred Okrand, Esqs., 257 S. Spring St., Los Angeles.

372. State cases

372.1. Henderson v. Bannon, Warden. (formerly listed v. Michigan.) For facts, see IV DOCKET 24, 56. Cite for cert. denied: 358 U.S. 890.
372.6. Cash v. Culver. (U.S.S.C., #91.) (358 U.S. 633.) Def.-uneducated 20 yr. old charged with burglary. At first trial, Def. represented by counsel; result: hung jury. Def. kept in solitary until second trial; notified of trial day before it began; counsel had meantime withdrawn; at trial Ct. denied appointment of counsel or continuance to obtain own counsel; conviction based largely on testimony of alleged accomplice. No appeal taken. Later Def. filed petition for habeas corpus alleging above facts. Fla. S. Ct. denied petition without hearing. Jan. 12, 1959: U.S.S.C. reversed holding circumstances alleged make case of deprivation of due process through denial of right to counsel; Fla. ct. has duty to determine facts.

Irwin L. Langbein, Esq., (appointed by U.S.S.C.), 205 Datura St., W. Palm Beach, Fla.

372.8. Anonymous Nos. 6 and 7 v. Baker. (U.S.S.C.) (6 AD 2d 719, 176 NYS 2d 227, 4 NY 2d 1034, 177 NYS 2d 687, 152 N.E. 2d 651.) For facts, see IV DOCKET 57. After App. Div. affirmed convictions, NY Ct. of App. dismissed appeal on ground no substantial constitutional question involved. U.S.S.C. dismissed appeal (5-4) per Harlan, J.: held Pets. protected because able to go out of room to consult counsel, proceeding conducted in private similar to grand jury where counsel also excluded; legislature has approved this procedure, which is just the investigative stage. Black, J., Warren, C.J., Douglas, Brennan, JJ., diss.: "The naked stark issue here is whether a judge, . . . can consistently with due process compel persons to testify and perhaps to lay the groundwork for their later conviction of crime, in secret chambers, where counsel for the State can be present but where counsel for the suspect cannot. In upholding such secret inquisitions the Court once again retreats from what I conceive to be its highest duty, that of maintaining unimpaired the rights and liberties guaranteed by the Fourteenth Amendment and the Bill of Rights".

Case notes:

Appointment of counsel to prosecute appeal for an indigent defendant: State v. Delaney, (332 P. 2d 71, Ore. 1958), 38 Ore. L. Rev. 278-281.

Appointment of counsel for indigent defendants in criminal appeals: People v. Breslin, (4 N.Y. 2d 73, 149 N.E. 2d 85, 1958), 1959 Duke L. Jour. 484-491.

373. Indirect restrictions (see also 265, 345)

373.1. Re Gladstein. (DC Hawaii.)*
373.2. In re Sawyer. (U.S.S.C.) (41 Haw. 403, 260 F. 2d 189, 360 U.S. 622.) For facts, see IV DOCKET 24-5. June 29: U.S.S.C. (5-4) reversed, per Brennan, J.: review "limited to the narrow question whether the facts adduced are capable of supporting the findings that Pet'r's. speech impugned Judge Wiig's impartiality and fairness in conducting the Smith Act trial and thus reflected upon his integrity in the dispensation of justice in that case". "We start with the proposition that lawyers are free to criticize the state of the law" (citing U.S.S.C. opinions, among others.) "Even if some passages [of Petr's speech] can be found which go so far as to imply that Judge Wiig was taking an erroneous view of the law — . . . we think there was still nothing in the speech warranting the findings . . ." ". . . the total insufficiency of the evidence to sustain a serious charge of professional misconduct, against a backdrop of the claimed constitutional rights of an attorney to speak as freely as another citizen, is not one which can be subsumed under the headings of local practice, customs or law". Ct. did not decide point dealing with post-trial interview with juror. Stewart, J., concurred, because this not a case of atty. attempting to obstruct or prejudice administration of justice. Frankfurter, Clark, Harlan, Whittaker, diss. contending that Pet'r's. speech, viewed in its totality, constituted a thrust at integrity of trial judge and administration of justice generally.
383.3. Re Bouslog. (DC Hawaii, Misc., #649.)*
373.6. Matter of Isserman. (CA 2.)*
373.7. North Carolina v. Walker. (N.C. Sup. Ct.) For facts, see IV DOCKET 57. N.C. Sup. Ct. quashed indictment; further prosecution dropped.
374. Opportunity for appellate review

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

Law review article:

Bertram Willcox, Delmar Karlen and Ruth Roemer, Justice lost — by what appellate papers cost, 33 N.Y.U. L. Rev. 934-974.

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380. Confrontation
381. Criminal cases

381.2. Priestly v. Superior Court. (Calif. Sup. Ct.) For facts, see IV DOCKET 57. Cite: 330 P. 2d 39, 50 Cal. 2d 812.

Case note:

47 Calif. L. Rev. 395-400.

381.3. Superior Court v. Prewitt. (Calif. Sup. Ct.) Def.-alleged bookmaker arrested during raid on his apartment. Police told grand jury raid made on tip from person who did not give his name, but policeman recognized it as voice of person who twice before had given accurate information resulting in arrests. Los Angeles Co. Super. Ct. on basis of Priestly decision, 381.2, set aside indictment. June 1959: Calif. Sup. Ct. reversed, held trial should take place although police do not identify informers whose names they don't know, since no information is being suppressed. "He is not seeking to eat his cake and have it too; to rely on information and yet not reveal it".
382. Civil cases
See U.S.S.C. opinion in Vitarelli, 251.9.
390. Jury Trials (see also 510)
400. Excessive Bail; Parole Conditions
401. Amount of bail

401.1. Matter of Newbern. (Los Angeles Co. Super Ct., #65691.) Pet. arraigned in Muni. Ct. on charge of drunkenness, pleaded not guilty, requested jury trial, Ct. set bail at $500., said penalty would be 90 days in jail if found guilty in jury trial. Pet. unable to post bail, sued out habeas corpus writ. On granting continuance of drunk charge, Muni. Ct. judge ordered issuance of complaint charging Pet. with vagrancy. Super. Ct.: usual bail on drunk charge: $25., "it is obvious that the judge set $500. bail because of demand for jury trial: bail on drunk charge reduced to $25.; Pet released on own recognizance in vagrancy case.

A. L. Wirin, Esq., for A.C.L.U. of S. Calif., 257 S. Spring St., Los Angeles.

402. Conditions imposed
410. Cruel and Unusual Punishment
411. Criminal cases
See U.S.S.C. decision affirming conviction in Uphaus, 272.3, despite sentence "until Def. purges himself".
411.3. Thompson v. U. S. (U.S.S.C.) For facts, see IV DOCKET 58, 80. Cite for cert. denied: 359 U.S. 967.
411.4. Thomas v. Culver. (U.S.S.C.) For facts, see IV DOCKET 58. Cites: 253 F. 2d 507, cert. denied, 358 U.S. 822.

Case note:

Cruel and unusual punishment — rights of prisoners: Nichols v. Mcgee, (169 F. Supp. 721, N.D. Cal. 1959), 36 Dicta 245-248.

412. Extradition

412.3. New York ex rel. Reid v. Ruthazer, Warden. *
412.7. New York v. O'Neill. (U.S.S.C.) For facts, see IV DOCKET 58, 80. Cite: 359 U.S. 1.

Case note:

33 Tulane L. Rev. 874-880.

412.8. In re Williams. (ED Mich., N. Div.) For facts, see IV DOCKET 58, 80. Mich. DC adjourned order to show cause why habeas corpus writ should not issue. Def. filed motion for new trial in Fulton Super. Ct., Ga. June 2: motion denied; appeal filed based on exclusion of Negroes from juries.

Max Dean, Esq., 804 Detroit St., Flint, Michigan; Donald Hollowell, Esq., 859½ Hunter St., NW, Atlanta, Ga.

413. Civil cases
490. Miscellaneous Due Process

490.4. Pauling v. McElroy, Secy. of Defense. (CA DC.)*
490.6. Buston 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. Cites. 92 N.W. 2d 6; 353 Mich. 562.

Case note:

5 Wayne Law Rev. 256-9.

490.11. Ramos and Figueroa v. City of Los Angeles, (U.S.S.C.)*
490.12. DeVeau v. Braisted. (NY Ct. of App.)*

Miscellaneous case notes:

Lack of knowledge of the law not a bar to conviction under Narcotics Control Act: U. S. v. Juzwiak, (258 F. 2d 844, CA 2 1958, cert. den. 27 L. W. 3249, 1959), 5 Wayne L. Rev. 254-256.

Judges — disqualification of for bias and prejudice: Hendirckson v. Superior Ct., (85 Ariz. 10, 330 P. 2d 507, 1958), 1 Arizona L. Rev. 167-168.

Criminal law — euthanasia — Def. allowed to withdraw guilty plea of manslaughter to accommodate finding of not guilty on arraignment: People v. Werner, (Cr. No. 583636, Cook Co. Ct., Ill., Dec. 30, 1958), 34 Notre Dame Lawyer 460-464.

Prosecution indiscretion: a result of political influence, 34 Indiana L. Jour. 477-491.

Habeas corpus in Pa. after conviction, 20 U. of Pitt. L. Rev. 652-665.

Law review article:

Austin W. Scott, Post-conviction remedies in Colorado criminal cases, 31 Rocky Mountain L. Rev. 249-268.

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

Law review articles:

Roger Paul Peters, Civil rights and state non-action, 34 Notre Dame L. Rev. 303-334.

Jack Greenberg, Race relations and group interests in the law, 13 Rutgers L. Rev. 503-510.

Comments:

The law, the mob, and desegregation, 47 Calif. L. Rev. 126-143.

State segregation laws and judicial courage, 1 Ariz. L. Rev. 128-132.

500. Elections
501. Racial discrimination

501.2. Ivy v. Cole, Registrar. (Halifax Co., N.C.) (ED N.C., Wilson Div., #610-Civ.)*
501.3a. Lassiter v. Bd. of Elections. (Northampton Co., N.C.) (U.S.S.C.) For facts, see IV DOCKET 27, 81. Cite: 360 U.S. 45.
501.4. Reddix v. Lucky, Registrar. (Ouchita Parish, La.) (WD La.)*
501.5. Sharp v. Lucky, Registrar. (Ouchita Parish, La.) (WD La.)*
501.6a. Gomillion, et al. v. Mayor Lightfoot, et al. (Macon Co., Ala.) (CA 5.)*
501.6b. U. S. v. Livingston and Rogers, Bd. of Registrars. (Macon Co., Ala.) (U.S.S.C.) For facts, see IV DOCKET 59. June 16: CA 5 affirmed DC holding that Civil Rights Act of 1957 limited preventive relief to "individual officers", and these members of Bd. of Registrars had resigned before Ct. action filed. Appeal pending in U.S.S.C.
501.8. U. S. v. Raines. (Terrell Co., Ga.) (U.S.S.C.) For facts, see V DOCKET 27, 59, 81. U.S.S.C. granted certiorari.
501.9. Camacho v. N.Y.C. Bd. of Elections. (N.Y. Ct. of App.)*
501.10. Hoban v. Hall. (Ark. S. Ct.) (316 S.W. 2d 185.) Sept. 29, 1959: Ark. S. Ct. enjoined Secy. of State from certifying as sufficient the ballot title of States Rights Amendment to Ark. Constitution on ground it failed to disclose essential facts voter entitled to know.
501.11. U. S. v. White Citizens Council of Washington Parish, et al. (Bogalusa, La.) (ED La.) June 29, 1959: Justice Dept. sued to enjoin Defs. from purging Negro voters from rolls of registered voters.

Atty. Genl. William Rogers, Dept. of Justice, Washington, D.C.

501.11a. Gremillion ex rel. 17 La. Registrars v. U. S. (ED La.) La. State Atty. Genl. sought temporary restraining order barring U.S. Civil Rights Commission from holding hearings to take testimony from Negro witnesses claiming their voting rights had been denied, as charged by U.S. in 501.11. July 12, 1959: DC granted restraining order, held 3-judge ct. necessary to rule on constitutionality of Commission. Aug. 7: hearing before 3-judge ct.
502. Political discrimination

502.5. McManus, et al. v. DeSapio, Secy. of State. (N.Y. Ct. of App.) For facts, see IV DOCKET 28. Cite: 154 NE 2d 143.
502.6. Davis v. Bd. of Elections, NYC. (N.Y. Ct. of App.) For facts, see IV DOCKET 28 .Cite: 153 NE 2d 879.
510. Juries
511. Federal employees
512. Racial discrimination

512.21. Venable v. West Virginia. (Raleigh Co. Cir. Ct.)*
512.23. Thompson v. Alabama. (Ala. Ct. of App.) (105 So. 2d 146.) In trial of Def. for manslaughter, question asked implying Def. associated with Negro people; question not answered. Ala. Ct. of App. affirmed conviction: "Ordinarily, improper questions not answered are harmless".
513. Economic discrimination
514. Political discrimination
515. Discrimination against women
520. Education
Law review article:

Daniel J. Meador, The Constitution and the assignment of pupils to public schools, 45 Va. L. Rev. 517-572.

Comment:

The effect of pupil placement laws upon southern education, 23 Albany L. Rev. 376-385.

521. Challenge to unequal facilities

521.1. Holland v. Bd. of Public Instruction. (Palm Beach.) (SD Fla., #7161.)*
522. Suits to enforce integration

522.Ala2. Shuttlesworth, et al. v. Birmingham Bd. of Educ. (ND Ala.) (162 F. Supp. 372, 358 U.S. 101.)*
522.Ark2. Matthews, et al. v. Launius, et al. (Bearden Dist.) (WD Ark., Civ., #570.)*
522.Ark3. Aaron, et al. v. McKinley, et al. (Little Rock.) (ED Ark., W. Div., #3113.) (358 U.S. 1, 27, 28, 29.) For facts, see IV DOCKET 29, 60, 82. June 19: 3-judge Fedl. Ct. held Act No. 4 unconstitutional and proclamation of Gov. under it, closing Little Rock high school void; Act No. 5 as device for depriving Little Rock School Dist. of state funds unconstitutional; diversion of such funds enjoined; Def.-Bd. under continuing mandate of DC to effectuate integration plan. DC retained jurisdiction. Aug.: Def.-Bd., under pupil placement law, admitted 6 Negro students to reopened public schools, denied admission to 54. DC held law constitutional on its face; briefs due on constitutionality as applied by Def.-Bd.
- 108 -

522.Ark3b. Smith, et al. v. Gov. Faubus, et al. and Ark. Sovereignty Comm. (Little Rock.) (Ark. S. Ct.)*
522.Ark3d. Fitzhugh v. Ark. Dept. of Education. (Little Rock.) (Pulaski Co. Cir. Ct.)*
522.Ark5. Dove v. Parham. (Dollarway School Dist.) (DC Ark.) For facts, see IV DOCKET 82. Aug. 17: DC ordered immediate integration.
522.Dela1. Buchanan, Members of Dela. Bd. of Educ. and Bd. of Trustees, et al. v. Jackson. (Christiana School Dist.)

and

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

and

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

and

522.Dela4. Buchanan, et al. v. Cloverdale, et al. (Greenwood.)

and

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

and

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

and

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

and

522.Dela8. Buchanan, et al. v. Staten, et al. (Milford.) (U.S.S.C.) (152 F .Supp. 886, 256 F. 2d 688, 358 U.S. 836.) For facts, see IV DOCKET 30, 82. U.S.S.C. denied Def.-Bd's. petition for certiorari. DC approved stair-step plan for integration of 1 grade per yr., effective Sept., 1959.
522.Dela9. Dennis, et al. v. Baker, et al. (Dover.) (DC Dela.) For facts, see IV DOCKET 30. Bd. voted to comply with DC-approved plan in Evans, tho not bound by it.
522.Fla2. Gibson, et al. v. Dade Co. Bd. of Public Instruction, et al. (CA 5.)*
522.Ga2. Hunt, et al. v. Arnold, Ga. State School of Business Admr. (ND Ga., Atlanta Div., #5781.)*
522.Ga3. Calhoun v. Latimer. (Atlanta.) (CA 5.) For facts, see IV DOCKET 30, 82. July 9: DC enjoined Def.-Bd. from discriminating against Negro pupils, ordered Bd. to submit school desegregation plan by Dec. 1, 1959. Bd. appeal pending in CA 5.
522.La1. Orleans Parish School Bd., et al. v. Bush, et al. (ED La.) For facts, see IV DOCKET 30, 60, 82. Jy. 15: DC ordered Def.-Bd. to prepare plan for complete desegregation by March 1, 1960, suggesting 12-yr. "stair-step" plan.
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.La7. Ludley v. Bd. of Supervisors, La. State Univ. (U.S.S.C.)

and

522.La9. Lark v. La State Bd. of Educ. (U.S.S.C.) For facts, see IV DOCKET 31. Cites: 252 F. 2d 372, 358 U.S. 819, 820.
522.a10. Henley, et al. v. La. State Univ. Bd. of Supervisors. (CA 5, #17421.)*
522.NY2. Matter of Skipwith. (NYC Domestic Relations Ct.) For facts, see IV DOCKET 31, 61. Cites: 14 Misc. 2d 325, 180 NYS 2d 852.

Case notes:

107 U. of Pa. L. Rev. 1053-1061;

23 Albany L. Rev. 412-17.

522.NC2. Covington, et al. v. Edwards, Supt. of Schools, et al. (Montgomery Co.) (U.S.S.C.) For facts, see IV DOCKET 31, 83. Appeal pending in U.S.S.C.

C. O. Pearson, Esq., Box 1428, Durham, N. C.; J. K. Lee, Esq., Benbow Rd., Greensboro, N. C.

522.NC4. Weaver, et al. v. Bd. of Trustees of Chapel Hill Graded School, et al. (MD NC, Rockingham Div., #158-D.) For facts, see IV DOCKET 31. Aug. 1958: case dismissed.
522.NC6. Jeffers v. Whitley, N.C. State Supt. of Public Instruction, N. C. Bd. of Educ., et al. (Caswell Co.) (MD NC., Greensboro Div., #1079.)*

C. O. Pearson and William A. Marsh, Jr., Esqs., 203½ E. Chapel Hill St., Durham, N. C.

522.NC7. Holt, Jr., v. Bd. of Educ. (Raleigh.) (U.S.S.C.) For facts, see IV DOCKET 32, 83. Petition for certiorari pending in U.S.S.C.
522.NC8. McKissick and Richardson v. Bd. of Educ. (Durham.) (MD N.C.)*
522.NC9. Pls. v. Bd. of Educ., N. C. Bd. of Educ., N. C. Advisory Committee on Education. (Greensboro.) (MD N.C.)*
522.NC10. Pls. v. Bd. of Educ. (Greensboro.) (MD N.C.)*
522.NC11. Pls. v. Bd. of Educ., N. C. Bd. of Educ., N. C. Advisory Committee on Education. (Mecklenburg Co.) (MD N.C.)*
522.Okla2. Brown, et al. v. Long, Pres., Morris Independent School Dist., et al. (Okmulgee o.) (ED Okla., Civ., #4245.)*
522.SC1. Briggs v. Elliott. (Clarendon Co.) (ED S.C., #2657.)*
522.Tenn1. Kelly, et al. v. Bd. of Educ. (Nashville.) (U.S.S.C.) For facts, see IV DOCKET 32, 83. June 17: CA 6 affirmed DC decision approving Def.-Bd's. 12 yr. "stair step" plan and liberal student transfer provisions. Petition for certiorari pending.
522.Tenn3. Ward v. Bd. of Educ. (Knoxville.) (ED Tenn., N. Div., #3158.) For facts, see IV DOCKET 32. DC reduced no. of Def.-Bd. members to 2, denied Pl's. motion to substitute newly-elected Bd. members.
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522.Tenn4. Pls. v. Bd. of Educ., et al. (Memphis State University.) (WD Tenn.)*
522.Tex5. Borders et al. v. Rippy, et al. (Dallas.) (ND Texas, Dallas, #6165.) (247 F 2d 268.) For facts, see II DOCKET 25, 46, III DOCKET 17, 41, 61. Pls.-Negro pupils filed petition for immediate integration in Dallas public schools. Jy. 31, 1959: DC refused to order integration for Fall 1959, set no date for integration.
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.) For facts, see IV DOCKET 32. Hearing: Sept. 30.
522.Va1. County School Bd. v. Allen, et al. (Prince Edward Co.) (U.S.S.C.) For facts, see IV DOCKET 33, 83. June 26, 1959: U.S.S.C. denied Def.-Bd's. application for stay of further proceedings in DC.
522.Va2. Corbin, et al. v. School Bd. (Pulaski Co.) (WD Va., Roanoke, #341 Civ.)*
522.Va3. Atkins, et al. v. School Bd., et al. (Newport News.) (DC Va., Newport News Div., #489.)*
522.Va4. Beckett, et al. v. School Bd. (Norfolk.) (DC Va., Norfolk Div., #2214.)*
522.Va5. Allen, et al. v. School Bd. (Charlottesville.) (WD Va., #51.) For facts, see IV DOCKET 33, 62, 83. June 12: Def.-Bd. assigned 11 Negro pupils to 2 previously all-white schools; 1 rejected.
522.Va6. Hamm, et al. v. School Bd. (Arlington.) (ED Va., #1341.) For facts, see IV DOCKET 33-34, 62, 84. DC refused to order County School Bd. to submit Co.-wide desegregation plan; ordered 12 of 22 Negro applicants admitted to formerly all-white high school and elementary school; held 10 live outside geographical zone.
522.Va14. Warden, et al. v. School Bd. (Richmond.) (ED Va., Richmond.)*
523. Suits to prevent integration

523.Ga1. Patrick Henry Schools, Inc. v. Oxford, Ga. Revenue Commr. (Ga. Co. Ct.) Pl.-private school sued to obtain certifiction from Def.-Commr. that school is eligible to receive donations deductible in state income tax returns, under 1959 law. Pending.
523.Okla1. Arcadia School Bd. v. Poling, Co. School Sup't. (DC Okla.) 4 of 5 members of Pl.-Bd. are Negroes in district with few pupils. Def.-Sup't. approved transfers of 13 white pupils on medical grounds. Pl.-Bd. sues to set aside transfers as having been granted to defeat integration. Pending.
524. Miscellaneous

524.2. Bristol v. Heaton. (U.S.S.C.) For facts, see IV DOCKET 84. Cite: 359 U.S. 230.

Lena Ann Bristol and Barbara Alice Tittle, pro se; W. S. Barron, John M. Barron, Esqs., Box 587, Bryan, Texas, of counsel.

530. Housing
531. Public

531.5. Eleby v. Louisville Municipal Housing Authority. (WD Ky., Louisville Div., #3240.)*
531.9. Tate v. City of Eufaula. (DC Ala.) (165 F. Supp. 303.) Class action by Negro-Pls. residing in area in process of redevelopment for injunction against racial discrimination in public housing project to replace their homes. DC dismissed for lack of existing justiciable controversy or proof of "tacit understanding" Negroes to be excluded. DC assumes Defs., after receiving fedl. funds for project, will recognize there can be no gov'tally enforced segregation solely because of race or color.
532. Private

532.15. Bolton v. Crane, et ano. (Cook Co. Super. Ct., #57 6577.)*
532.17. Martin v. NYC Commission on Intergroup Relations. (NY Co. Sup. Ct.)*
532.18. O'meara v. Jones. (Wash. Sup. Ct.) For facts, see IV DOCKET 84. Jy. 31: King Co. Super. Ct. found Wash. state housing law unconstitutional, held FHA loan to Def. had not eliminated seller's right to choose buyer, reversed order of Wash. Bd. Against Discrimination. Appeal pending.
532.20. Harris v. Sunset Islands Property Owners, Inc. (Fla. Sup. Ct.) Jewish-Pl. bought island property subject to recorded covenant barring from ownership persons not members of Def.-organization, whose by-laws denied membership to Jews, non-Caucasians, convicted felons. Pl. did not join Def., built home. Def. sued to compel Pl. to sell, changed by-laws to eliminate restrictive membership clause, inserted "good character" requirement. Pl. applied for membership; denied. Trial ct. held for Def.-organization. April 8, 1959: Fla. Sup. Ct. reversed, under U.S.S.C. decision in Shelley v. Kraemer, found restrictive covenant unenforceable, new requirement not applicable to Pl.
532.21. Levitt and Green Fields v. N.J. State Division Against Discrimination. (App. Div., N.J. Super. Ct.) James Todd and Smith, Negroes, filed complaint with Def.-State Div. against Pl.-builders for refusing to sell them FHA-financed housing, because of race. Pls. sued to enjoin Def.-Div. from holding hearings on complaints. Jy. 22, 1959: Super. Ct. held 1957 N.J. housing law constitutional, fed'l. gov't. has not preempted this field, ordered Def.-Div. to hold hearings.

And see 532.22.

532.22. Re Morristown Gardens, Inc. (N.J. Educ. Commr.) Jy. 23, 1959: after N.J. Super. Ct. decision in Levitt, 532.21, N.J. Educ. Commr. ordered Resp. to cease discriminatory rental policy at Franklin Manor; to make apt. available to Negro-complainant Smith.
540. Transportation
541. Interstate

541.2. Baldwin v. Morgan. (DC Ala., Birmingham.)*
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541.3. Watson v. Eastern Lines. (ND Ga., Atlanta, #6506.) For facts, see IV DOCKET 35.

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

541.4. Henry v. Greenville Municipal Airport. (DC S.C.) Negro-Pl., civil service employee of U.S. Air Force, required to use "colored" waitingroom at Def.-Airport. Suit filed. Jy. 20, 1959: DC refused to grant preliminary injunction barring Airport's practice of having separate restrooms. Pending.
541.5. Bullock v. Tamiami Trail Tours Bus Line. (ND Fla.) Jamaican Negro minister and white wife attacked by white man on inter-state bus at Perry, Fla. while riding on front seat. Pls. sued Def.-Line for $505,000. damages. 1958: DC refused to award any damages after trial; CA 5 reversed. June 26, 1959: DC awarded $10,442. damages.
542. Intrastate

542.4. Evers, et al. v. Dwyer, Comm'r. of Public Service of City of Memphis, et al. (WD Tenn., Civ. #2903.) For facts, see IV DOCKET 35, 63. Cite: 358 U.S. 202.*
542.5a. Garmon, et al. v. Miami Transit Co., Inc., et al. (U.S.S.C.)*
550. Miscellaneous Facilities
551. Recreational

551.Cal3. Peoples, et ano. v. Club Primadonna et al. (Super. Ct., San Francisco.)*
551.Cal5. Santa Clara Voiture 365 v. American Legion 40 & 8 Society. (San Jose Super. St.) For facts, see IV DOCKET 36. Aug.: at nat'l. convention, Def.-organization reaffirmed its refusal to admit non-Caucasians. Suit pending.
551.Cal6. California v. Chambers, et al. (Los Angeles Muni. Ct.) Negro-Defs. arrested for violating state gambling laws. Muni. Ct. dismissed complaints "in the interest of justice" because gambling laws enforced discriminatorily against Negroes. Los Angeles Super. Ct., App. Dept. reversed. Cases tried on merits; evidence of discrimination offered by NAACP, ACLU. Pending.

Loren Miller, Esq., for N.A.A.C.P.; A. L. Wirin, Esq., 257 S. Spring St., for A.C.L.U., both of Los Angeles.

551.Fla2. Moorhead, et al. v. City of Fort Lauderdale. (CA 5, #16615.)*
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.)*
551.La1. New Orleans City Park Improvement Assn. v. Detiege. (U.S.S.C.) For facts, see IV DOCKET 36, 63. Cites: 252 F. 2d 122, 358 U.S. 54, 913.
551.La2. Louisiana State Athletic Commission v. Dorsey. (U.S.S.C., #787.) For facts, see IV DOCKET 63, 85. Cites: 168 F. Supp. 149, 359 U.S. 533.
551.Mich2. Pyle v. Michigan. (Mich. Sup. Ct.)*
551.Mich3. Scruggs v. Borgman. (Mich. Cir. Ct.) Negro-Pls. denied service by Def.-restaurant owners. Apr. 14, 1958: Cir. Ct. granted injunction against Def's. violation of Mich. equal accommodations act, found recovery of damages not an adequate remedy.
551.NY5. Carter v. Canton Valley Restaurant. (Jamaica Muni. Ct., Queens.) Feb., 1959: Negro-Pl. denied service at Def.-Chinese restaurant until he brought policeman to manager. $2,000. damage suit pending.

Shaps, Mazur, Dontzin, Esqs., 258 Broadway, NYC.

551.NC1. North Carolina v. Cooke. (U.S.S.C.) For facts, see IV DOCKET 64. Cites: 358 U.S. 925, 359 U.S. 951*
551.NC2. Tonkins v. City of Greensboro. (MD N.C.) For facts, see IV DOCKET 64.

Case note:

72 Harv. L. Rev. 1567-69.

551.SC1. Pls. v. Charleston Municipal Golf Course, et al. (ED S.C.) July, 1959: Negro-Pls. filed suit asking end to racial discrimination on city-owned golf course. Pending.

Thurgood Marshall and Jack Greenberg, Esqs., N.A.A.C.P. Legal Defense and Educ. Fund, Inc., 10 Columbus Circle, NYC.

551.Tenn2. Tennessee v. Owens and Frierson. (Memphis Muni. Ct.)*
551.WVa1. 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, 64, 85. Cite: 359 U.S. 935.
560. Family Matters
561. Marriage and divorce
562. Adoption
Case note:

Domestic relations — private adoption — false disclaimer of religion: Matter of Maxwell, (4 N.Y. 2d 429, 151 N.E. 2d 849, 1958), 25 Brooklyn L. Rev. 334-340.

Law review article:

Dale W. Broeder and Frank J. Barrett, Impact of religious factors in Nebraska adoptions, 38 Neb. L. Rev. 641-691.

563. Custody
564. Miscellaneous
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570. Employment
Symposium: Controversy over the Court:

The Fourteenth Amendment and state employment controls, 10 Syracuse L. Rev. 255-262.

571. Racial discrimination

571.1. Brooks, et al. v. School Dist. of Moberly, et al. (CA 8.)*
571.3a. Starling v. Mingo Co. Bd. of Educ. (SD W. Va.) For facts, see IV DOCKET 37. June 23-4: tried and submitted.
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, 64, 85. Cites: 262 F. 2d 359, cert. den. 359 U.S. 935, 962.
571.15. Conley, et al. v. Gibson, Bro. of Railway and Steamship Clerks. (SD Tex., Houston Div., #8443.)*
571.18. Eaton, et al. v. Bd. of Mgrs., James Walker Memorial Hospital, et al. (U.S.S.C., #789.) For facts, see IV DOCKET 37, 64, 85. Cites: 164 F. Supp. 191, 261 F. 2d 521, cert. den. 359 U.S. 984 (Warren, C.J., Douglas, Brennan, JJ., for granting of cert.)
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.)*
571.23. Syres and Warrick v. Oil Workers Int'l. Union. (U.S.S.C.) For facts, see IV DOCKET 65. Cite for cert. den.: 358 U.S. 929.
571.25. Green v. Continental Air Lines, Inc. (Colo. Dist. Ct.)*
571.27. Johnson v. Yielding. (Ala. Sup. Ct.) (100 So. 2d 29.) Co. officials refused to permit Negro-Pls. to take examination for policeman under regulation that applicants must be white. Jan., 1958: in action for declaratory judgment that refusal was violation of equal protection of laws under 14th Amendment, Ala. Supreme Court dismissed for lack of justiciable controversy. Fed'l. DC held civil rights action barred by state statute of limitations.
571.28. Banks v. Capital Airlines. (N.Y. Comm. Against Discrimination.) Complaint by Negro-Pl. that Def. refused her job as airline hostess on basis of race. Jy. 14, 1959: hearing held before S.C.A.D.; decision awaited.
571.29. Miller v. Gleason, Local Pres., Int'l. Longshoremen's Assn. (N.Y. Comm. Against Discrimination.) Negro-Pl. charged Def.-Checkers and Clerks Union, Local 1, I.L.A., refused to admit him because of race. May 5, 1959: hearing held before S.C.A.D.; pending.
571.30. American Jewish Congress v. Aramco. (NYC Sup. Ct.) Def-.Co., owned by Standard Oil, questions prospective employees in NY about their religion; stated reason: Co. sends employees to Saudi Arabia, which prohibits employment of Jews. S.C.A.D. ruled Aramco exempt from certain provision of N.Y. Fair Employment Practices Act. Jy. 15: Sup. Ct. annulled S.C.A.D. ruling, found no treaty or Fed'l. law to prevent enforcement of N.Y. law, ordered S.C.A.D. to proceed consistently with this opinion.
580. Civil Actions under Civil Rights Law Not Otherwise Covered

580.3. Pettus v. John Doe, et al. (ED Mich.)*
600. Suits Involving Constitutional Rights of American Indians
Law review article:

Robert W. Oliver, The legal status of American Indian tribes, 38 Ore. L. Rev. 193-245.

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.)*
603. Criminal Actions against Indians on Reservations
Law review article:

Laurence Davis, Criminal jurisdiction over Indian country in Arizona, 1 Arizona L. Rev. 62-101.

604. Actions involving Real Property

604.3. Prairie Band of Potawatomi Indians v. U. S. (U.S. Ct. of Claims.) (165 F. Supp. 139.) Indian Claims Comm. awarded $3,000,000. to 2 Indian tribes because amount paid them for land in 1846 was grossly unconscionable. Jy. 16, 1958: U.S. Ct. of Claims upholds denial of intervention by another group of Indians because they lost membership in tribe by being separated from main tribe, existing apart from its authority.
605. Condemnation of Land of American Indian Reservation

605.1. U. S. v. 1,383 Acres of Land. (formerly listed as 21,250 Acres.) (U.S.S.C.) For facts, see IV DOCKET 65. CA 2 reversed DC, approved license issued by Fed'l. Power Comm. to N.Y. Power Auth., except as it would authorize condemnation of Tuscarora lands for reservoir, flooding 1,383 acres of Indian lands. June 22: U.S.S.C. granted certiorari.