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

Annual review of Supreme Court decisions:

Civil liberties, October Term 1958, XIX Lawyers Guild Rev. 91-118.

Book:

Douglas of the Supreme Court: A selection of his opinions. Edited and with biographical sketch by Vern Countryman. Doubleday and Co., 398 pp., $5.95.

Book:

Harold M. Hyman, To try men's souls: Loyalty tests in American history. U. of Calif. Press, 428 pp., $6.00.

Law review article:

The Oath: II, 68 Yale Law Jour. 1527-77.

Law review articles on the Supreme Court:

J. Patrick White, The Warren Court under attack: The role of the judiciary in a democratic society, 19 Md. L. Rev. 181-99.

J. Lee Rankin, An independent Supreme Court, 20 U. of Pittsburgh L. Rev. 785-94.

Roy M. Cohn and Thomas A. Bolan, The Supreme Court and the A.B.A. Report and Resolutions, 28 Fordham L. Rev. 233-86.

Comments:

Supreme Court review of facts finding by state courts, 34 N.Y.U. Law Rev. 1118-32.

An attorney general's standing before the Supreme Court to attack the constitutionality of legislation, 26 U. of Chi. L. Rev. 624-32.

Law review articles:

Stanley F. Reed, Observations on the effect of constitutional interpretations on American life, 10 Western Reserve L. Rev. 504-22.

Wallace Mendelson, Cahn on Jefferson, Commager and Learned Hand, 37 Tex L. Rev. 721-8.

Irving Younger, Congressional investigations and executive secrecy: A study in the separation of powers, 20 U. of Pittsburgh L. Rev. 755-84.

SPEECH AND PRESS (O-199) See also Association (200-299)

10. Licensing

11. Meetings

12. Motion Pictures

12.7.

Kingsley Intl. Pictures Corp. v. City of Providence. (DC R.I.) For facts, see IV DOCKET 1. Suit withdrawn, films licensed.

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.)*

12.13.

Empire Pictures v. City of Fort Worth. (CA 5.)*

12.15.

Times Film Corp. v. City of Chicago. (CA 7.) Pl.-Co. testing censorship of film, "Don Juan". Appeal in CA 7 argued Oct. 30, 1959. Goldberg, Devoe and Shadur, Esqs., 231 S. La Salle, Chicago.

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13. Peddlers

14. Books, Magazines
Book:

Marjorie Fiske, Book selection and censorship. U. of Calif. Press, 145 pp. $3.75.

15. Miscellaneous

20. Administration Restrictions

21. Customs

22. Post Office

22.5.

Grove Press, Inc. and Readers' Subscription, Inc. v. Christenberry, NYC Postmaster. (CA 2.)*

22.6.

United Artists Corp. v. Post Office. (DC DC.) For facts, see IV DOCKET 68, 88. Pls. filed suit for injunction against Post Office banning of post card reproductions of Goya's "The Naked Maja". Oct. 5: Dept. of Justice filed answer, admitted cards were not obscene. Post Office released cards for mailing.

22.7.

St. Clair Co. Comm. for Better Race Relations v. Cowles Magazines, Inc. and Jefferson News Co., Inc. (St. Clair Co. Cir. Ct.)*

22.8.

Wirin v. Summerfield, Postmaster. (DC DC.) Pl.-atty. subscribed to "Peking Review", published in Red China. Seattle postmaster confiscated copy, asked Pl. whether he had subscribed to or ordered the periodical before delivering issue to him. Pl. sued for damages, charged Def. with imposing unreasonable and unwarranted conditions on delivery of mail without authority, violation of First Amendment, interference with Pl's occupation as attorney for Powells, 54.1. Pending. A. L. Wirin and Fred Okrand, Esqs., 257 S. Spring St., Los Angeles.

23. Miscellaneous

23.8.

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

30. Economic Restrictions

30.1.

Independent Productions Corp. and I. P. C. Distributors Inc. v. Loew's Inc., et al. (SD NY, Civ. #110 304.) For facts, see IV DOCKET 2. DC ordered suit dismissed for Pls. failure to produce Pls.' managing agent, Biberman, for deposition re his political beliefs and affiliations. Appeal to be filed.

30.2.

Rubenstein and Richards v. NYC Police Comm'r. Kennedy, et al. (NY Co. Sup. Ct.)*

40. Contempt

41. Federal Courts

41.1.

Garland v. Torre. For facts, see IV DOCKET 2, 40. Cite: 358 U.S. 910. Case notes: 20 Ohio St. L. Jour. 382-6; 11 Stanford L. Rev. 541-6; 32 Temple L. Q. 432-44; 54 N.W.U. L. Rev. 243-53.

42. State Courts

43. Other agencies

50. Criminal Sanctions

51. Disorderly conduct

51.4.

Talley v. People. (U.S.S.C., #154) (332 P. 2d 447.) For facts, see IV DOCKET 68, 89. Jan. 11, 1960: oral argument in U.S.S.C.

51.6.

Alabama v. Howard and McAllister. (Ala. Sup. Ct.) For facts, see IV DOCKET 68, 89. Ala. Sup. Ct. dismissed appeal as moot, Defs. having served sentences. And see Howard, Jr., 51.7, and Pezzati, 203.3.

51.7.

Alabama v. Howard, Jr. (Ala. Sup. Ct.) For facts, see IV DOCKET 68, 89. Appeal pending.

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

Supreme Court decisions in 1958 Term: Obscenity cases, XIX Lawyers Guild Rev. 113.

Robert L. Fletcher, Constitutional law—seizure and destruction of obscene materials, 34 Washington L. Rev. 298-304.

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.) and

52.10.

Nebraska v. Coren d/b/a Meyers News. (Nebraska Sup. Ct.) (168 Neb. 394, 95 NW 2d 678.) For facts, see IV DOCKET 3. Apr. 10, 1959: Neb. Sup. Ct. reversed convictions, held Omaha "obscenity" ordinance, (18508, c. 12, Art. 40.7) unconstitutional for indefiniteness of phrase re publications "which, read as a whole are of an obscene nature . . ." Viren, Emmert, Hilmes and Gunderson, Esqs. and Levin and Gitnick, Esqs., all of Omaha.

52.15.

Smith v. California. (U.S.S.C., #9.) (358 U.S. 926.)*

52.19.

Katzev v. Los Angeles County. (Calif. Sup. Ct.) For facts, see IV DOCKET 69, 89. Cite: 341 P. 2d 310.

53. Defamation

54. Sedition (see also 241-4)

54.1.

U. S. v. Powell, et al. (ND. Calif. S. Div., #35065.)*

55. Picketing

55.2.

New York v. Donegan. (NYC Ct. of Spec. Sess., App. Part, 1st Dept.) For facts, see IV DOCKET 2. Oct. 16, 1959: Ct. of Special Sessions reversed conviction for "disorderly conduct" for carrying picket sign and passing out leaflets, held peaceful picketing is exercise of free speech guaranteed by First Amendment.

56. "Corrupt Practices"
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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. (Cir. Ct., Grundy Co.)* And see Highlander Folk School, 244.6.

60. Civil Sanctions

61. Defamation

61.4.

Steinberg v. O'Connor. (DC Conn.)*

61.6.

Coleman v. Newark Star-Ledger. For facts, see IV DOCKET 69. Cite: 29 N.J. 357, 149 A. 2d 193. Case notes: 13 Rutgers L. Rev. 723-7; 28 Fordham L. Rev. 363-9; 59 Columbia L. Rev. 521-4.

62. Injunctions in labor disputes

63. Other injunctions

90. Miscellaneous Freedom of Thought

FREEDOM OF RELIGION (100-199)

110. Separation of Church and State

110.1.

In re Application of Lewis and Klein v. N. Y. State Commr. of Education. (Spec. Sess., App. Term, Albany Co.)*

110.6.

Schempp v. School Dist. of Abington Township. (U.S.S.C.) For facts, see IV DOCKET 4. Sept. 16: 3-judge Fedl. Ct. held unconstitutional Pa. statute requiring daily reading of at least 10 verses of King James Bible in public schools. CA 3 granted stay pending appeal to U.S.S.C.

110.8.

Engle v. Vitale (formerly listed as v. Herricks School Bd.) (Nassau Co. Sup. Ct.) For facts, see IV DOCKET 69. Aug. 24: Sup. Ct. Justice held no violation of First Amendment rights in Def. School Bd's. directing daily recitation of prayer suggested by NY Bd. of Regents. Case remanded to Def.-Bd. to amend resolution to state explicitly that students are free to participate or not, parents to be advised of students' choice and asked to indicate whether children shall or shall not participate in prayer, schools forbidden to comment upon student participation or non-participation.

110.9.

Citizens for Connecticut Constitution, Inc. v. Newtown. (Conn. Sup. Ct. of Errors.) Taxpayers' suit filed to test constitutionality of 1957 Conn. statute allowing local option on public transportation for parochial school children, following close referendum vote in Newtown permitting such transportation. June, 1959: Bridgeport Super. Ct. directed that case be referred to Conn. Sup. Ct. of Errors.

110.10.

Chamberlin v. Miami Bd. of Public Instruction. (Dade Co. Cir. Ct.) Pl.-taxpayer and father of minor children sues to test constitutionality of Def's. practices: reading of Bible verses in assemblies and classrooms, with explanations and comments by teachers; distribution of Bible and other sectarian literature; use of public schools for Bible instruction after school; religious census of students; religious tests for teachers and other employees of Def. Bd.; use of religious criteria in employment and evaluation of teachers. Pending. Herbert L. Heiken and Howard Dixon, Esqs., Miami.

120. Pacifists and Conscientious Objectors

130. Denial of Tax Exemptions

140. Miscellaneous Restrictions
Comment:

Rendering unto Caesar: State health regulations and the free exercise of religion, 26 U. of Chi. L. Rev. 471-84.

140.10.

Massachusetts v. Crown Kosher Super Market. (formerly listed as Crown Kosher Super Market of Mass., Inc. v. Police Chief of Springfield.) (U.S.S.C.) For facts, see IV DOCKET 43, 70. Atty. Genl's. motion for new trial denied and appeal pending in U.S.S.C.

140.13.

New York v. Cotter. (NYC Magistrate's Ct.) Def. charged with violating NY Sabbath law for repairing his sports car on Sunday. Oct. 23: Def. found not guilty: his car repairing would preserve the peace and quiet of the neighborhood near his home. Emanuel Redfield, Esq., for NYC Civil Liberties Union, 170 Fifth Ave., NYC.

140.14.

Pennsylvania v. Nelson's Kiddie City. (ED Pa.) Def.-company fined $100. for violating Sunday closing law. Oct. 30: 3-judge fedl. ct. denied Def's. request for injunctive relief, because DC to decide issue soon.

ASSOCIATION: As affecting the organization itself (200-239)
Law review article:

Myron W. Solter, Freedom of association—A new and fundamental civil right, 27 G. Washington L. Rev. 653-72.

200. Privileges

201. Meetings

202. Tax exemption

202.1.

Communist Party v. Moysey. (U.S. Tax Ct.)*

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

203.3.

U. S. v. Pezzati, et al. (DC Colo.) For facts, see IV DOCKET 5. Oct. 21: white Def. from Bessemer, Ala. moved for separate trial on ground his family would be subjected to strong community pressures if he were tried with Negro Def. Howard (see 51.6). DC denied motion; Def. entered "no contest" plea. Oct. 26: trial date for 13 remaining Union Defs. in first case re conspiracy to defraud Gov't. by filing false non-Communist affidavits. And see West, 291.20

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204. Continued existence (see also 213, 223)

204.1.

N.A.A.C.P. v. Alabama. (Alabama S. Ct.)*

204.1a.

Alabama v. Mitchell and Patton. (Ala. Cir. Ct., Montgomery.)*

204.3.

Williams, Ga. Revenue Commr. v. N.A.A.C.P. (Fulton Super. Ct., Atlanta Judicial Cir., #A-58654.)*

204.4a.

N.A.A.C.P. Legal Defense and Educ. Fund v. Harrison. (Va. Sup. Ct. of App.)*

204.6.

Arkansas v. N.A.A.C.P. (Cir. Ct., Pulaski Co.)*

204.7.

Arkansas ex rel. Atty. Genl. v. N.A.A.C.P. (Cir. Ct., Pulaski Co.)*

204.8.

Arkansas ex rel. Atty. Genl. v. N.A.A.C.P. Legal Defense and Educ. Fund. (Cir. Ct., Pulaski Co., #44,679.)*

204.9.

Arkansas ex rel. Bennett v. N.A.A.C.P. Legal Defense and Educ. Fund. (Cir. Ct., Pulaski Co., #45,183.)*

204.10.

Bates, et al. v. Little Rock. (U.S.S.C., #41.)*

204.11.

N.A.A.C.P. v. Bennett, Atty. Genl. of Ark. (ED Ark., #3664.) (360 U.S. 471.) For facts, see IV DOCKET 6, 70, 92. Sept. 12: 3-judge Fedl. ct. heard argument on constitutionality of 1958 Ark. Act. 12 (requiring organizations "interfering" with operation of public schools to furnish membership list and other information on demand of co. judge) and Act 13 (empowering state atty. genl. to get chancery ct. order to search organization offices). N.A.A.C.P. attys. agreed to await state rulings on Acts 14 and 16, (re persons who have initiated "unnecessary" litigation affecting schools; making it crime for organization to induce persons to file lawsuits).

204.12.

North Little Rock v. Fair. (Cir. Ct., Pulaski Co.)*

204.13.

Shelton v. Arkansas. *

522.Ark3b.

Smith, et al. v. Gov. Faubus, et al. and Ark. Sovereignty Comm. (Ark. S. Ct.) For facts, see IV DOCKET 39, 82. Sept. 14: Ark. S. Ct. unanimously held unconstitutional Act 85, requiring any person collecting or soliciting money to influence congressional action affecting Ark. schools to register with Ark. Sovereignity Comm., on ground of existing fedl. law re registration of lobbyists. And see 522.Ark3b, below.

204.14.

Virginia ex rel. Virginia State Bar v. N.A.A.C.P.; N.A.A.C.P. Legal Defense and Educ. Fund, Inc.; Va. State Conf. of Branches, N.A.A.C.P. (Richmond Chancery Ct., #503.) Va. State Bar sued for injunction restraining Def.-N.A.A.C.P. from "continuing unauthorized practice of law" in Va. by soliciting individual members and non-members to start school desegregation suits, obtaining authorizations from clients "without explaining to them the nature or purpose thereof", employing and paying attys. without individual litigants having choice in selection, controlling litigation without communicating with or accepting instructions from clients. Defs. answers filed. Oliver W. Hill, Esq., 118 E. Leigh St., Spottswood W. Robinson, III, Esq., 623 N. Third St., both of Richmond; S. W. Tucker, Esq., 111 E. Atlantic, Emporia, Va.; Robert L. Carter, Esq., N.A.A.C.P., 20 W. 40th St., NYC.

210. Compulsory Registration

211. 1950 Internal Security Act

211.1.

Communist Party of the U. S. v. Subversive Activities Control Bd. (U.S.S.C.) For facts, see IV DOCKET 7, 71, 92. Nov. 27: petition for certiorari filed in U.S.S.C.

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.) For facts, see IV DOCKET 7. Hearing reopened to permit cross-examination of gov't. witnesses following production of documents in accordance with Jencks doctrine (see 312.)

211.10.

Rogers v. California Emergency Defense Committee. (S.A.C.B.)*

211.11.

Rogers v. Connecticut Volunteers for Civil Rights. (S.A.C.B.) For facts, see IV DOCKET 7. April 14: S.A.C.B. ordered Def.-organization to register as "communist front" under Sec. 7, Internal Security Act. No appeal taken.

211.12.

Blau v. S.A.C.B. (formerly entitled Rogers v. Colorado Comm. to Protect Civil Liberties.) (CA DC.)*

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.
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222.1.

Wheeldin v. Wheeler, et al. (CA 9.)*

222.5.

People v. Bishop. (Long Beach Muni. Ct., #M 48152.) For facts, see IV DOCKET 93. After trial, Def. convicted, fined.

222.6.

Tuominen v. Wheeler. (ND Cal., SDiv., #38487.) Complaint by subpoenaed teacher for declaratory relief and injunction against Calif. representative of House UnAmerican Activities Comm. Issues: power of Comm. to turn over to state agencies and private employers its files and information on public and private school teachers; is this proper legislative function; does this violate First, Fifth, Ninth and Tenth Amendments to U.S. Constitution, separation of powers requirement. Pending. Bertram Edises, Esq., 1440 Broadway, Oakland. 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)
Law review article:

Myron W. Solter, Freedom of association—A new and fundamental civil right, 27 G. Washington L. Rev. 653-72.

240. Criminal Penalties for Membership

241. Smith Act: conspiracy

241.8.

Bary, et al. v. U. S. (DC Colo.) (CA 10.) For facts, see IV DOCKET 9, 44, 71, 93. Appeal pending in CA 10. Nov. 6: argument on motion for new trial in DC on ground one juror concealed his anti-Communist bias in his answers to questions on voir dire.

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., #8.)*

242.3.

Blumberg v. U. S. (DC Pa.)*

242.4.

Noto v. U. S. (U.S.S.C., #4 Misc.) For facts, see IV DOCKET 9. Oct. 12: U.S.S.C. granted certiorari; to be argued with Scales, 242.2.

242.5.

U. S. v. Weiss. (ND Ill. E.D.)*

242.7.

U. S. v. Russo. (DC Mass.)*

242.8.

U. S. v. Hellman. (CA 9.)*

242.9.

U. S. v. Foster. (CA 2.) Def.-Communist Party leader, indicted 1948 under conspiracy (241.) and membership sections of Smith Act, never brought to trial due to health. Sept. 1959: Def. filed motion to dismiss indictments on ground his state of health will never permit his trial. Issue: whether continued pendency of indictment which can never be tried constitutes deprivation of liberty without due process, since Def. cannot travel under terms of bond; and violation of Sixth Amendment right to speedy trial. Def. asked alternative relief: permission to leave SD NY to travel to U.S.S.R. and Czechoslovakia for medical treatment. SD NY denied motion; appeal pending. Mary Kaufman, Esq., 185 Hall, Brooklyn.

243. 18 U.S.C. 2384

244. State laws

244.6.

Tennessee ex rel. Sloan v. Highlander Folk School, et al. (Grundy Co. Cir. Ct., #90.) July 30: Relator, Dist. Atty. Genl., raided Def.-school. Sept. 30: at hearing on Relator's motion to close Def.-school as a nuisance and revoke charter, Ct. exonerated school from any immoral conduct connected with finding beer in one bldg., closed main bldg. in which beer found. Nov. 3: hearing on bill to revoke charter. And see Clark, 57.10.

244.7.

Alabama v. Wood. (Jefferson Co. Ct., #101971.) Def.-Negro minister arrested in regard to statements allegedly made urging boycott of Birmingham buses to force desegregation thereon. April 26, 1959: Def. convicted of violating Alabama boycott law; 6 mths. sentence, $500. fine. Appeal to Ala. Sup. Ct. pending. Orzell Billingsley, Jr., Oscar W. Adams, Jr., Esqs., Masonic Temple Bldg., 1630 4th Ave. N., Birmingham, Ala. See Alabama v. Rev. King, et al., 244.4, II DOCKET 8, 50, 70, III DOCKET 27.

250. Civil Disabilities: Federal
Law review article:

Helen Silving, The Oath: II, 68 Yale L. Jour. 1527-77.

251. Federal employment
Survey:

Supreme Court decisions in 1958 Term: Government employees, XIX Lawyers Guild Rev. 117.

251.9.

Vitarelli v. Seaton. (U.S.S.C.) (253 F. 2d 338.) For facts, see IV DOCKET 9-10, 94. Cite: 359 U.S. 535.

251.30.

Jackson v. Allen Industries, Inc. (U.S.S.C.)* And see cases at 268.

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

Passport denial and the freedom to travel, 2 Wm. and Mary L. Rev. 266-74.

252.23.

Leff v. Herter. (DC DC.)*

252.27.

Worthy v. Herter. (U.S.S.C., #444.)*

252.28.

Frank v. Herter. (U.S.S.C.) For facts, see IV DOCKET 45, 94. Petition for certiorari pending.

252.29.

Re Rev. McKenna, et al. (Dept. of State, Passport App. Bd.)*

252.30.

Re Jerome. (Dept. of State, Passport App. Bd.) For facts, see IV DOCKET 45, 94. Bd. denied passport.

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252.31.

Porter v. Herter. (DC DC.) Pl.-Congressman applied for passport to China. Dept. of State denied application. Aug. 1959: suit filed to compel issuance of passport. Issue: can Executive Dept. limit fact-finding power of Congress by denying Congressman permission to visit country? Pending.

252.51.

Sherwood, Bigelow, et al. v. U.S. (U.S.S.C., #197 Misc.) (267 F. 2d 398.) For facts, see IV DOCKET 10, 72. Oct. 12: U.S.S.C. denied certiorari. Book: Albert Bigelow, The Voyage of the Golden Rule, Double-day. 286 pp. $3.95.

252.52.

U.S. v. Reynolds. (U.S.S.C.) (CA 9.) (267 F. 2d 235.) For facts, see IV DOCKET 10, 72. Aug. 28, 1959: on retrial, Def. convicted of willful violation of Atomic Energy Comm. regulation barring unauthorized persons from nuclear test area in Pacific; 2 yrs. sentence, 18 mths. suspended. DC denied Def's. request to leave U.S. pending appeal: "This is what Dr. Reynolds wanted . . . He couldn't be a martyr unless something like this happened to him." CA 9 affirmed. Douglas, J. reversed: 1) purpose of bail is not punishment; 2) no doubt Def. will appear for appeal; 3) Def. penniless, can only get work in field of effects of atomic rediation in Japan. 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.) For facts, see IV DOCKET 46. Gov't. conceded liability; judgment for Pl. entered and paid.

253.51.

Dr. Belsky v. U.S. (U.S. Ct. of Claims.)*

254. Deprivation of veterans disability payments

254.2.

Thompson v. Whittier, Admr., Veterans Affairs. (DC DC.) For facts, see IV DOCKET 11. On VA refusal to reinstate payments to Pl., suit filed for declaratory judgment and injunctive relief. Pending.

255. Deprivation of Social Security rights

255.1.

Flemming v. Nestor. (U.S.S.C.) (169 F. Supp. 922, 360 U.S. 915.)* Case note: 28 Fordham L. Rev. 359-63.

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)
Law review article:

Siegfried Hesse, The constitutional status of the lawfully admitted permanent resident alien: The pre-1917 cases, 88 Yale L. Journal 1578-1626.

258.6.

Niukkanen v. McAlexander. (U.S.S.C., #130.) Pet. entered U.S. before first birthday; member Communist Party for 1½ yrs. during 1930s; arrested for deportation for past Party membership. Deportation ordered; Bd. of Imm. App. affirmed; CA 9 aff'd.; U.S.S.C. remanded for consideration of whether Pet's. membership was "meaningful" within Rowoldt definition; 355 U.S. 115, 258.1; CA 9 aff'd. deportation order. Oct. 13, 1959: U.S.S.C. granted certiorari on: (1) was membership "meaningful"; (2) constitutionality of deportation.

259. Denaturalization and Naturalization proceedings (see also 358)
Law review article:

Robert E. Goostree, The denaturalization cases of 1958, 8 Am. U. L. Rev. 87-99.

259.4.

U.S. v. Polites. (CA 6.) For facts, see IV DOCKET 11, 46. Oct. 1959: CA 6 affirmed.

259.5.

Chaunt v. U.S. (CA 9.) For facts, see IV DOCKET 95. Sept.: CA 9 affirmed, held concealment of arrests for speech making and leaflet distribution constituted fraud sufficient to justify denaturalization. Petition for certiorari to U.S.S.C. to be filed.

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.)*

261.5.

Reif v. NYC Dept. of Hospitals. (NY Co. Sup. Ct., Spec. Term, Part One.)*

261.7.

Crowe v. County of Wayne, Mich. (Cir. Ct., Wayne Co.)*

261.9.

Wolstenholme v. Oakland Library Bd. (Calif. Dist. Ct. of App.) For facts, see IV DOCKET 12. Sept. 25, 1959: Dist. Ct. of App. unanimously reversed, held Pl.-librarian improperly discharged for declining to answer questions re her political affiliations prior to 1948 (date in Luckel Act, since amended to Oct. 3, 1945); state law superseded Oakland city ordinance requiring city employees to answer anything "proper and pertinent". Def. ordered reinstated.

261.12.

Wilson v. Los Angeles Civil Service Comm. (Calif. Sup. Ct.) For facts, see IV DOCKET 72. Writ of mandamus pending, based, in part, on Civil Service commission decision in Halliwell, 261.13.

261.13.

Re Halliwell. (Los Angeles Civil Service Comm.) 1948: Pet.-social worker for Los Angeles County refused to sign checklist of proscribed organizations prepared by Calif. Assemblyman Tenney. 1950: Pet. resigned position. Feb. 1959: Pet. rehired by Co. July 1959: Pet. discharged for 1948 refusal to sign. Sept. 1959: Civil Service Comm. reinstated Pet. (Checklist superseded by Calif. Levering Act Oath). A. L. Wirin, Esq., for A.C.L.U. of S. Calif., 323 W. Fifth St., Los Angeles.

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262. Teaching (see also 267 and 342)
Book:

Clark Byse and Louis Joughin, Tenure in American Higher Education: Plans, Practices, and the Law. Cornell Univ. Press, 1959. 230 pp. $3.50.

262.1.

De Groate, et al. v. Long Beach Unified School Dist. (Los Angeles Super. Ct.)*

263. Denial of State unemployment insurance rights (see also 346)

263.1a.

Syrek v. Calif. Unemployment Insurance Appeals Bd., et al. (Calif. Dist. Ct. of App., 1st Dist., Div. 1.)*

263.2.

Re Albertson. (N.Y. Ct. of App.) For facts, see IV DOCKET 12. N.Y. Sup. Ct., App. Div. held for claimant. N.Y. Atty. Genl. appealed to N.Y. Ct. of App.; to be argued Dec. or Jan.

263.4.

Jackson v. Calif. Unemp. Insurance Bd. (Calif. Unemp. Ins. App. Bd.)*

264. Denial of State licenses

265. Proceedings against attorneys and Bar applicants (see also 345, 373)
Comment:

Character investigation and the admission to the bar, 20 U. of Pittsburgh L. Rev. 841-56.

265.3.

Florida v. Sheiner. (Fla. Sup. Ct.) For facts, see IV DOCKET 12, 95. Cite: 112 So. 2d 571.

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. Oct. 17: Calif. Sup. Ct. (4-2) adopted position of Calif. State Bar Comm. of Bar Examiners that Pl. should be denied admission solely for refusal to answer questions re political affiliations, citing Beilan (357 U.S. 399) and Lerner (357 U.S. 468),342.9, 343.1; Traynor and Peters, Jj. diss. Petition for rehearing filed.

265.23.

Re Anastaplo. (Ill. Sup. Ct., #780.)*

265.25.

Marshall v. State Bar of California and Comm. of Bar Examiners. (Calif. Sup. Ct.)* And see Va. State Bar, 204.14.

266. Deprivation of right to tax exemption

266.1.

Speiser v. Randall. For facts, see II DOCKET 11, 71-2. Cite: 357 U.S. 513. Case note: 28 U. of Cincinnati L. Rev. 346-51.

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). For facts, see IV DOCKET 13. CA DC (2-1) reversed dismissal of complaint, held seaman's license cannot be denied without a hearing; case remanded to DC.

268.1b.

Homer v. Richmond. (DC DC.)*

268.3a.

Dupree v. U.S. (U.S.S.C.) For facts, see IV DOCKET 13, 95. Oct. 12: U.S.S.C. denied certiorari.

268.5b.

Dressler v. McElroy, et ano. (DC DC.)*

268.7.

Kreznar v. Wilson. (DC DC.)*

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.)*

268.14.

Brawner and Cafe and Rest. Workers Union Local 743 v. McElroy. (CA DC.)*

268.15.

Spector v. Sperry Gyroscope Co. (CA DC.)*

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.)*

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

271. Congressional Committees (see also 222, 330)
Survey:

Supreme Court decisions in 1958 Term: Congressional investigations, XIX Lawyers Guild Rev. 114-17.

271.5.

Davis v. U. S. (U.S.S.C.) For facts, see IV DOCKET 15. Aug. 1959: CA 6 affirmed conviction for contempt based on refusal to answer questions before House Comm. on UnAmerican Activities on First Amendment grounds. Petition for certiorari pending in U.S.S.C. Chandler Davis, pro se, and Frank Donner, Esq., 342 Madison Ave., NYC.

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, 96. Oct. 12: petition for rehearing denied.

271.9.

Russell v. U. S. (CA DC., #13529.)*

271.10.

Deutch v. U. S. (CA DC.) For facts, see IV DOCKET 15. Oct. 13, 1959: pursuant to per curiam order, supplementary memo filed re effect of U.S.S.C. decisions in Barenblatt, 271.7; Sacher, 356 U.S. 576, 271.11; Flaxer, 358 U.S. 147, 274.1.

271.12.

Gojack v. U. S. (CA DC.)*

271.13.

U. S. v. Metcalf. (SD Ohio.)*

- 8 -

271.15.

Shelton v. U. S. (CA DC.)*

271.16.

U. S. v. Whitman. (CA DC.) For facts, see IV DOCKET 15. Sept. 15, 1959: DC sentenced Def. to 6 mths. probation, $500. fine for refusal to reveal to Senate Internal Security sub-comm. names of persons he had known while Communist Party member. Appeal pending.

271.17.

Knowles v. U. S. (CA DC.) For facts, see IV DOCKET 16. Oct. 13, 1959: pursuant to per curiam order, supplementary memo filed re effect of U.S.S.C. decisions in Barenblatt, 271.7; Sacher, 356 U.S. 576, 271.11; Flaxer, 358 U.S. 147, 274.1.

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.) For facts, see IV DOCKET 16. Oct. 26, 1959: trial date.

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. (CA 9.)*

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.) For facts, see IV DOCKET 48. Appeal heard and submitted.

271.32.

Braden v. U. S. (CA 5.) For facts, see IV DOCKET 48. Appeal heard and submitted.

271.33.

U. S. v. Yellin (ND Ind.) For facts, see IV DOCKET 97. Dec. 4, 1959: pre-trial motions argued.

271.34.

U. S. v. Lehrer. (ND Ind.) For facts, see IV DOCKET 97. Dec. 4, 1959: pre-trial motions argued. Willard Lassers, Esq., 11 S. La Salle, Chicago.

271.35.

U. S. v. Malis. (ND Ind.) For facts, see IV DOCKET 97. Dec. 4, 1959: pre-trial motions argued.

271.36.

U. S. v. Samter. (ND Ind.) For facts, see IV DOCKET 97. Dec. 4, 1959: pre-trial motions argued.

271.37.

U. S. v. Turoff. (ND NY.)*

271.38.

U. S. v. Ingerman. (ND NY.)*

271.39.

U. S. v. Goldfine. (DC DC.) Corrected statement of facts: 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: Ct. accepted Def's. nolo contendere plea over Gov't. objection. Def. 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.

271.40.

U. S. v. O'Connor. (ND N.J.) Def.-writer indicted for refusal to appear before House Comm. on UnAmerican Activities to answer questions re political beliefs and affiliations. Issues: First Amendment rights, applicability of U.S.S.C. decision in Watkins, 354 U.S. 178, 271.14.

271.41.

U. S. v. Rosenkrantz. (DC Mass., #59-186-W.) Def.-prof., subpoenaed by House Comm. on UnAmerican Activities in 1958, admitted former membership in Communist Party, declined to answer question re last Party entity to which he had belonged, on basis of First Amendment and U.S.S.C. decision in Watkins. DC granted Def's. motion for bill of particulars. Pending. William P. Homans, Esq., 53 State St., Boston. And see cases at 222.

272. State committees
And see cases at 223.

272.3.

Uphaus v. Wyman, Atty. Genl. of New Hampshire. (U.S.S.C.) (360 U.S. 72.) For facts, see IV DOCKET 97. Oct. 12, 1959: U.S.S.C. denied petition for rehearing.

272.3.

DeGregory v. Wyman, Atty. Genl. of N.H. (U.S.S.C., #7 Misc.) For facts, see IV DOCKET 16, 97. Cite for cert. denied: 360 U.S. 717.

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.

273. Legal and administrative tribunals

274. Refusal to produce records

274.3.

McPhaul v. U.S. (CA 6.) For facts, see IV DOCKET 17. Oct. 7, 1959: heard and submitted.

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

280.1.

Nostrand v. Balmer. (U.S.S.C., #342.) (153 Wash. 431.) For facts, see IV DOCKET 17, 74, 98. Oct. 26, 1959: U.S.S.C. noted probable jurisdiction. And see cases at 221.

280.5.

Matter of N.Y. Bd. of Education v. Allen, et al. (NYC Bd. of Educ.)*

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, 98. Nov. 25, 1959: trial date.

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.)

- 9 -

291.4.

Travis v. U. S. (U.S.S.C., #75.) (CA 10.) For facts, see IV DOCKET 18, 74. Petition for certiorari pending. Denial of second motion for new trial pending in CA 10.

291.5.

Lohman v. U. S. (U.S.S.C., #268.) For facts, see IV DOCKET 18. Petition for certiorari pending.

291.6.

Killian v. U. S. (CA 7, #12407.) For facts, see IV DOCKET 18. Nov. 17, 1959: appeal heard and submitted.

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.) For facts, see IV DOCKET 18, 49. Oct. 21, 1959: appeal heard and submitted.

292. Government Security Questionnaires

293. Miscellaneous

295. Right of Privacy
Law review article:

Medical practice and the right to privacy, 43 Minn. L. Rev. 943-963.

Comment:

The right of privacy in Illinois: its growth and probable development, 8 DePaul L. Rev. 368-375.

Case note:

Invasion of privacy: Strickler v. Natl. Broadcasting Co., (167 F. Supp. 68, S.D. Calif. 1958), 11. Ala L. Rev. 374-9.

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

300. Searches and Seizures
Law review articles:

Alan C. Kohn, Admissibility in federal court of evidence illegally seized by state officers, 1959 Washington U.L. Quarterly 229-60.

H. Frank Way, Jr., Increasing scope of search incidental to arrest, 1959 Washington U. L. Quarterly 261-80.

301. Wiretapping
Book:

Samuel Dash, Richard F. Schwartz and Robert E. Knowlton, The Eavesdroppers. Rutgers Univ. Press, 1959.

301.11.

U.S. v. Silverman. (CA DC, #15186.) Defs., indicted for violation of gambling statutes, moved to suppress evidence obtained by police officers using search warrant, because affidavit on which warrant was based contained evidence obtained by insertion of electronic device part way into wall next to room where Defs. were allegedly talking. Oct. 24, 1958: DC DC denied motion; Defs. convicted. Appeal pending. Case note: 27 G. Washington L. Rev. 735-40.

302. Other Federal cases

302.4.

Draper v. U.S. For facts, see IV DOCKET 19, 50. Cite: 358 U.S. 307. Case note: 5 Howard L. Jour. 237-42.

302.9.

U. S. v. Abel. (U.S.S.C.) (258 F. 2d 485, 358 U.S. 813, 359 U.S. 940.) For facts, see IV DOCKET 75. Nov. 9, 1959: re-argued before U.S.S.C.

302.10.

Hanna v. U. S. For facts, see IV DOCKET 19. Cite: 260 F. 2d 723. Case note: 37 Texas L. Rev. 783-7; 5 N.Y. Law Forum 301-04.

302.11.

Wirin v. Hilden, et al. (SD Calif.) For facts, see IV DOCKET 50. Def's. motion to dismiss denied.

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., #30.) For facts, see IV DOCKET 19, 75, 99. Cite for probable jurisdiction noted: 360 U.S. 246.*

303.9a.

Frank v. Maryland. For facts, see IV DOCKET 75. Cite: 359 U.S. 360. Case note: 34 Washington L. Rev. 437-43.

303.10.

Swanson v. McGuire, et al. (ND Ill., #57-C-1164.)*

303.14.

Cedeno, et al. v. Lichtenstein, et al. (ND Ill., #58-C-1712.) For facts, see IV DOCKET 51. DC granted Def's. motion to dismiss as to Def.-City, denied as to individual Defs.-policemen.

303.17.

New York v. Massey. (NYC Sup. Ct.)*

303.18.

Rosenberg v. Assemblyman Allen. (Super. Ct.) For facts, see IV DOCKET 75, 100. Correction: Dist. Ct. of App. reversed Super. Ct., held no cause of action against Assemblyman Allen because of legislative immunity. Sgt.-at-Arms of Assembly served; Oct. 1959: Ct. sustained demurrer as to him. Redrafted complaint to be filed.

303.19.

Jackson v. City of New York. (NYC Comptroller.)*

303.20.

Michaels v. Chappel. (LA Co. Super. Ct.)*

310. Indictment

311. Composition of grand jury (see also 510)

312. Character of evidence
Comments:

Concealment of an informer's identity—a governmental privilege, 1959 Washington U. L. Quarterly 296-309.

The informer privilege in criminal prosecutions, 11 Hastings L. Jour. 54-63.

Jencks point cases:

Survey:

U. S. Supreme Court, 1958 Term: Anti-Jencks cases, XIX Lawyers Guild Rev. 103-6.

- 10 -

312.9.

U. S. v. Carlisle. (CA 9.)*

312.10.

Lev. v. U. S. (U.S.S.C.) For facts, see IV DOCKET 51, 100. Cite: 360 U.S. 470.

312.11.

Wool v. U. S. (U.S.S.C.) For facts, see IV DOCKET 51, 100. Cite: 360 U.S. 470.

312.12.

Rosenberg v. U. S. (U.S.S.C.) For facts, see IV DOCKET 51, 100. Cite for U.S.S.C. affirmance: 360 U.S. 367.

312.13.

Pittsburgh Plate Glass v. U. S. (U.S.S.C.) and

312.14.

Galax Mirror Co. v. U. S. (U.S.S.C.) For facts in both cases, see IV DOCKET 52, 100. Cite for U.S.S.C. affirmance: 360 U.S. 395.

312.14a.

Palermo v. U. S. For facts, see IV DOCKET 100-101. Cite: 360 U.S. 343. Case note: 48 Georgetown L. Jour. 173-7.

312.16.

Needleman v. U.S. (U.S.S.C., #278.) (261 F. 2d 802.) At Def's. trial for narcotics violation, Ct. denied Def's. motion for inspection of notes and memos prepared by Gov't. agent during investigation and used by agent to refresh memory before testifying; Def. convicted. CA 5 affirmed, held denial of motion discretionary with trial ct. Issue: whether denial of motion violated Def's. right to compulsory process for obtaining witnesses in his behalf, violated Jencks Act. U.S.S.C. granted certiorari. A. C. Dressler, Esq., 1408 Ainsley Bldg., Miami.

313. Entrapment
Case note:

Entrapment: Spiesman v. Commr. of Internal Revenue, (260 F. 2d 939, CA 6 1958), 11 Hastings L. Jour. 88.

314. Conspiracy

314.2.

Schaffer v. U.S. (U.S.S.C., #111.) and

314.3.

Karp v. U.S. (U.S.S.C., #122.) Defs. charged with conspiracy to steal more than $5,000., under Natl. Stolen Propery Act, and with individual thefts, no one of which amounted to $5,000. At trial, conspiracy charge dismissed; trial continued on independent, unrelated offenses of several Defs.; jury convicted. CA 2 affirmed, held it proper and within intent of Congress to aggregate separate offenses to reach $5,000. minimum requirement; Defs. not prejudiced by joinder even tho basis for joinder was conspiracy charge which was dismissed. U.S.S.C. granted certiorari. Jacob Kossman, Esq., 1325 Spruce St., Philadelphia. Harris B. Steinberg, Esq., 25 Broad St., NYC.

320. Double Jeopardy
Survey:

U.S. Supreme Court, 1958 Term: Dual sovereignty and double jeopardy, XIX Lawyers Guild Rev. 110-13.

Law review article:

William Laurence Craig, Double jeopardy and cumulative sentencing in the military, 48 Georgetown L. Jour. 43-78.

321. Federal cases

322. State cases

322.3.

Bartkus v. Illinois. For facts, see IV DOCKET 20, 76. Cite: 359 U.S. 121. Note: Thomas Franck, An international lawyer looks at the Bartkus rule, 34 N.Y.U. Law Rev. 1096.

322.5.

Arizona v. 18-yr. old. (Tucson Super. Ct.) Fall 1958: Def., 17, charged with petty larceny, tried and convicted in juvenile ct. Jan. 1959: Def., now 18, charged in City Ct. with same theft, pleaded guilty; 20 day sentence. On appeal, Super. Ct. reversed, dismissed action for lack of jurisdiction due to double jeopardy. Arizona A.C.L.U. Case note: Double jeopardy—delinquent adjudication in juvenile court will bar subsequent criminal prosecutions: U.S. v. Dickerson, (168 F. Supp. 899, 1958), 5 Howard L. Jour. 246-51.

330. Self-incrimination: Criminal Sanctions (see also 270)
Case note:

Use of prior assertion of privilege against self-incrimination as substantive or impeaching evidence: People v. Snyder, (50 Cal. 2d 190, 324 P. 2d 1, 1958): 11 Stanford L. Rev. 559-64.

331. Congressional Committees

331.7.

U. S. v. William Davis. (ED Mo., E. Div.)*

332. State Committees

333. Grand juries and tribunals

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 Sup. Ct., App. Div.) For facts, see IV DOCKET 53, 77, 102. Oct. 21, 1959: App. Div. released Def., after 14 mths. in jail, when he gave answers to questions of State Commission which satisfied statute tho they "must be viewed with considerable skepticism."

- 11 -

333.13.

Castellano v. NY Commission of Investigation. (U.S.S.C.) For facts, see Lombardozzi, 333.12, IV DOCKET 53, 77, 102. Cites: 5 NY 2d 1026; 360 U.S. 930.

334. Grants of immunity: federal

335. Grants of immunity: state

335.1.

Morgan v. Ohio. (U.S.S.C.) For facts, see IV DOCKET 20, 102. Cite: 360 U.S. 423.

335.2.

Ohio v. Jackson, et ano. (Ohio Ct. of App.) For facts, see IV DOCKET 20. After U.S.S.C. decision in Morgan, 335.1, dismissed with consent of Prosecutor.

335.3.

Ohio v. Hupman, et al. (Ohio Ct. of App.) For facts, see IV DOCKET 20. After U.S.S.C. decision in Morgan, 335.1, dismissed with consent of Prosecutor.

335.4.

Raley, et al. v. Ohio. (U.S.S.C.) For facts, see IV DOCKET 20, 102. Cite: 360 U.S. 423.

335.5.

Ohio v. Slagle, et al. (Ohio S. Ct.)*

335.6.

Ohio v. Arnold, et al. (Ohio S. Ct.) For facts, see IV DOCKET 20. After U.S.S.C. decision in Raley, 335.4, Defs. filed motion to reconsider. Sept. 14, 1959: heard and submitted.

336. Criminal registration laws

336.1.

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

336.5.

California v. Shibley. (Los Angeles Co. Super. Ct.)*

336.6.

Abbott v. City of Beverly Hills. (Los Angeles Co. Super. Ct.)*

337. Miscellaneous

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

341. Army discharges (see also 253)

342. Employment — Public teachers (see also 262, 267)

342.3.

Lowenstein v. Newark Bd. of Educ. (N.J. Super. Ct., App. Div.) For facts, see IV DOCKET 54, 103. State Educ. Commr. in upholding Pl's. dismissal, ordered 2 yrs'. back pay during period of suspension. Pl's. appeal pending in Super Ct.

342.4.

Mass v. San Francisco Bd. of Educ. (Cal. Super. Ct.)*

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

343.3.

Nelson v. Los Angeles County. (U.S.S.C., #152.) (360 U.S. 928.) For facts, see IV DOCKET 21, 78, 103. To be argued week Jan. 11, 1960. Amicus brief filed by Natl. Assn. of Social Workers.

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.)*

344.6.

United Electrical, Radio and Machine Workers of America, Local 610 v. Westinghouse Airbrake Co. (Allegheny Co. Ct. of Common Pleas, #3132.)*

344.7.

Nelson v. General Electric. (Muni. Ct. of App., Dist. of Col., #6521-57.) For facts, see IV DOCKET 22. New trial date: Jan. 20, 1960.

344.8.

Watterman v. S. Calif. Gas Co. (Los Angeles Super. Ct.)*

344.9.

Siej, 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)

346. Unemployment insurance and Social Security (see also 263)

346.1.

Kilpatrick v. Bureau of Unemployment Compensation. (Ohio Ct. of App.)*

346.2.

Ostrofsky, et al. v. Maryland Employment Security Bd. and Bethlehem Steel Co. (Balt. City Super. Ct.)*

346.6.

Panzino, et al. v. Pa. Employment Compensation Bd. of Review. (Pa. Sup. Ct.) For facts, see IV DOCKET 23. Super. Ct. held for Bd. Pa. S. Ct. remanded case to Bd. to give Pl. opportunity to explain why he took Fifth Amendment privilege at hearing before Referee and Bd.

346.6a.

Ault v. Unemployment Compensation Bd. of Rev. (Pa. Sup. Ct.) (146 A. 2d 740.) Dec. 1954: Bethlehem Steel suspended Pl. as "security risk"; Pl. obtained hearing, at which he refused to answer accusation made at previous Congressional Committee hearing that he was Communist Party member. Pl. said he had never done anything against US. Co. dismissed Pl., who refused to answer concerning Comm. Party membership before Unemp. Comp. Referee and Bd. of Rev. Compensation denied. Pa. Sup. Ct. held: wilful misconduct for Pl. to refuse to answer question asked by employer and Bd.; it was connected with his work. Denial of compensation affirmed. John P. Campana, Esq., Williamsport, Pa. Case note: 20 U. of Pittsburgh L. Rev. 884-9.

350. Due Process

351. Delay in arraignment

352. Grand Jury procedures
- 12 -

353. Confessions

353.3.

Reck v. Ragen (CA 7.)*

353.4.

Spano v. New York. (U.S.S.C.) (4 NY 2d 256, 173 NYS 2d 793, 150 NE 2d 266.) For facts, see IV DOCKET 103. Cite: 360 U.S. 315.

354. Unfair press releases

355. Perjured testimony (see also 312)

355.4.

Sobell v. U. S. *

355.7.

Illinois v. Cass and Heisig. (Chicago Crim. Ct.) (ND Ill.) June 12, 1959: William A. Taylor serving time in Chicago jail. Sept. 17, 1959: 2 Fedl. agents testified in Crim. Ct. trial of said Taylor as dope peddler that June 12, 1959 they had trapped him in heroin sale. Paid gov't. informer witness Genarella testified to same effect. Taylor proved he was in jail June 12. Man wanted for trial: William Anthony Taylor. Crim. Ct. Judge Covelli found Fedl. agents Cass and Heisig guilty of "deliberately lying", sentence: 6 mths. in jail for contempt. Sept. 18, 1959: Defs.-agents freed when case remanded to DC under statute allowing remand of such criminal charges against fedl. employees.

355.8.

New York City v. Ruiz. (NYC Magistrate's Ct.) Oct. 1959: Def.-deaf-mute arrested for using loud and boisterous language in vicinity of Terminal Silent Club. At trial, Def. acquitted. Oct. 30, 1959: Def.-deaf-mute arrested for annoying passers-by by talking to them in vicinity of Club. Nov. 7: At trial, Def. acquitted, after policeman testified Def. and other Defs. "failed to move on when told to." Dorothy Llewellyn, Esq., NY Legal Aid Society.

356. Courts martial

356.1.

Guagliardo v. McElroy, Secy of Defense, et al. (U.S.S.C., #21.) For facts, see IV DOCKET 23. Oct. 22, 1959: argued and submitted. Case note: 11 Hastings L. Jour. 80-4.

356.3.

U. S. v. Dial. (U.S.S.C.) For facts, see IV DOCKET 23. DC affirmed conviction. U.S.S.C. granted certiorari. Oct. 22, 1959: argued and submitted.

356.4.

Re Pfc. Savage. (Army Brig. Gen. Walmsley.)*

356.5.

Kinsella v. Singleton. (U.S.S.C., #22.)*

356.6.

Grisham v. Taylor. (U.S.S.C., #58.) (261 F. 2d 204.) Petr., civilian accountant employed by U.S. Army in France, convicted by court martial overseas of premeditated murder, a capital offense. Issue: does court martial trial conflict with decision in Guagliardo, 259 F. 2d 927, Reid v. Covert, 354 U.S. 1. Certiorari granted; Oct. 22, 1959: argued and submitted. H. Clay Espey, Esq., 219 Southern Bldg., Washington, D.C.

356.7.

Wilson v. Bohlender. (U.S.S.C., #37.) Petr., employed by Army as civilian auditor in Berlin, tried by court martial for sodomy and lewd practices. Convicted; habeas corpus pending on appeal in CA 10 prior to rendition of judgment under 28 USC 1254 (1). Issue: constitutionality of court martial trial of civilian overseas in peacetime. Certiorari granted; Oct. 22, 1959: argued and submitted. Frederick B. Wiener, Esq., 1025 Connecticut Ave. NW, Washington, D.C.

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., #29.)*

358.15.

Williams v. U. S. (CA 6.) For facts, see IV DOCKET 79. Nov. 1959: CA 6 affirmed denial of suspension of deportation for former Communist Party membership.

358.51.

Heikkila v. U.S. (CA 9.) (B.I.A.) For facts, see IV DOCKET 24, 79. Nov. 4, 1959: deportation and contempt cases argued before CA 9. B.I.A. decision awaited.

358.52.

Re Daniels. (Imm. Hg. Officer.)*

358.53.

Kimm v. Hoy. (U.S.S.C., #139.) For facts, see IV DOCKET 104. Oct. 12, 1959: certiorari granted.

359. Loyalty hearings (see also 251 and 268)

360. Speedy and Public Trial

360.4.

Kentucky v. Goben, (formerly listed as Re 16-year Old.) (Louisville Crim. Ct.) For facts, see IV DOCKET 56. Def. received probated sentence; constitutional issues dropped. Case closed.

360.7.

Marshall v. U. S. (U.S.S.C.) For facts, see IV DOCKET 56, 104. Cite: 360 U.S. 310.

370. Right to Counsel
Law review article:

Bertram F. Wilcox and Edward J. Bloustein, Account of a field study in a rural area of the representation of indigents accused of crime, 59 Col. L. Rev. 551-83.

Symposium:

The right to counsel and the "unpopular cause", 4 U. of Pittsburgh L. Rev. 725-53:

Morris L. Ernst and Alan U. Schwartz, The right to counsel and the "unpopular cause",

Herbert F. Goodrich, The Philadelphia plan

Thomas W. Christopher, A law professor's approach

Thomas W. Pomeroy, Jr., A practitioner's view

Joseph A. Katarincic, Understanding causes, and the new role of the lawyer

Jack H. Olender, Let us admit impediments

Case notes:

Hypnosis and the right to counsel: Cornel v. Superior Court, (52 A.C. 99, 338 P. 2d 447), 11 Hastings L. Jour. 72-4. Representation by attorney disqualified for non-payment of bar dues: Martinez v. Texas, (318 S.W. 2d 66, 1958), 2 Wm. and Mary L. Rev. 280-3.

- 13 -

371. Federal cases

371.4.

Majeske v. U. S. (U.S.S.C.) For facts, see IV DOCKET 105. Oct. 12, 1959: U.S.S.C. denied certiorari.

372. State cases

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, 105. Cite for U.S.S.C. affirmance: 360 U.S. 287.

372.9.

Jenkins v. New Jersey. (N.J. Super. Ct., App. Div., #A-271-58.) Def. convicted after trial. Sentence imposed, without advising Def. he was entitled to counsel. Aug. 5, 1959: N.J. Super Ct. vacated sentence for denial of right to counsel under Sixth Amendment. N.J. filed notice of appeal; pending. Samuel M. Koenigsberg, Esq., 60 Park Pl.; Hymen B. Mintz, Esq., 1180 Raymond Blvd., both of Newark, N.J.

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

U.S. Supreme Court, 1958 Term: Free Speech and the Lawyer, XIX Lawyers Guild Rev. 106-110.

373.1.

Re Gladstein. (DC Hawaii.)*

373.3.

Re Bouslog. (DC Hawaii, Misc., #649.)*

373.6.

Matter of Isserman. (CA 2.) For facts, see IV DOCKET 25. Sept. 10, 1959: CA 2, per curiam, (2-1) reversed judgment of disbarment, held: disbarment by fedl. cts. does not automatically flow from disbarment by state cts.; 2-yr. suspension of Petr. for "several unplanned contumacious outbursts during a long and bitter trial" in U.S. v. Dennis, 341 U.S. 494, "cannot be considered other than severe"; practical suspension for nearly 10 yrs. "discriminatorily severe and should now be terminated". Proceeding dismissed.

374. Opportunity for appellate review
Comment:

Appellate review for indigent criminal defendants in the federal courts, 26 U. of Chicago L. Rev. 454-65.

374.1.

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

374.3.

Beard v. Ohio. (U.S.S.C., #2 Misc.) and

374.4.

Womack v. Ohio. (U.S.S.C., #12, Misc.) Defs., indigent prisoners, petitioned for right to appeal without payment of costs. Ohio S. Ct. and Ct. of App. of Ohio, 3d App. Jud. Dist. denied petitions. Oct. 12, 1959: U.S.S.C. granted motions for leave to proceed in forma pauperis and petitions for certiorari; reversed state denials of petitions, citing Burns v. Ohio, 360 U.S. 252.

374.5.

Rodriguez v. New York. (U.S.S.C., # 21, Misc.) and

374.6.

Mounsey v. New York. (U.S.S.C., #161, Misc.) Defs., indigent prisoners, petitioned for leave to appeal convictions without cost. NY ct. denied petitions, held Defs. had not shown "good cause" therefore. Oct. 12, 1959: U.S.S.C. granted motions for leave to proceed in forma pauperis and petitions for certiorari. Counsel directed to discuss Burns v. Ohio, 360 U.S. 252. Walter Gallhorn, Esq., Columbia Univ. School of Law, appointed by U.S.S.C. to serve as counsel.

374.7.

Smith v. U.S. (U.S.S.C., #33, Misc.) Def. convicted; CA 9 denied Def's petition to appeal without cost. Oct. 12, 1959: U.S.S.C. granted motion for leave to proceed in forma pauperis and petition for certiorari; vacated judgment, remanded to CA 9 for reconsideration in light of Johnson, 352 U.S. 565; Farley, 354 U.S. 521; Ellis, 356 U.S. 674.

374.8.

Weston v. Sigler, Warden. (U.S.S.C., #8, Misc.) Def.-indigent prisoner petitioned Louisiana to provide him with free transcript of trial for appeal. La. ct. denied petition. Def. applied for writ of habeas corpus in DC; denied. CA 5 affirmed. Oct. 26, 1959: U.S.S.C. granted motion for leave to proceed in forma pauperis and petition for certiorari; vacated judgment, remanded to DC La. to hear on merits Def's. application for writ.

374.9.

Smith v. U.S. (U.S.S.C., #27, Misc.) Def., indigent prisoner, petitioned CA DC for leave to appeal without payment of court costs. CA DC denied petition. Oct. 26, 1959: U.S.S.C. granted motion for leave to proceed in forma pauperis and petition for certiorari; judgment reversed, citing Ellis, 356 U.S. 674.

380. Confrontation

381. Criminal cases

381.3.

People v. Prewitt. (formerly listed as Superior Court v. Prewitt.) (Calif. Sup. Ct.) For facts, see IV DOCKET 106. Cite: 341 Pac. 2d 1.

382. Civil cases

390. Jury Trials (see also 510)

390.4.

U.S. ex rel. Fletcher v. Cavell, Warden, Western State Pen. (WD Pa., #16229.) (395 Pa. 134, 149 A. 2d 434.) Rel. convicted of first degree murder in trial before jury which included relative of deceased and son-in-law of Co. Detective in charge of prosecution of Rel. Pa. Ct. denied Rel's. petition for habeas corpus; U.S.S.C. denied certiorari. DC, after hearing, stayed action so Pa. S. Ct. could give consideration to constitutional issues raised by this type of jury. Pa. S. Ct. denied petition for writ of habeas corpus; U.S.S.C. denied certiorari. Pending in DC. Marjorie Hanson Matson, Esq., 1708 Law & Finance Bldg., Pittsburgh, Pa. Amicus appearance by American Civil Liberties Union.

400. Excessive Bail; Parole Conditions
- 14 -

401. Amount of bail

402. Conditions imposed

410. Cruel and Unusual Punishment

411. Criminal cases

411.7.

California v. Blakeman. (Calif. Dist. Ct. of App., San Francisco.) Def. pleaded guilty to assault and battery, proposed as part of any sentence he would leave community. Ct. fined Def. $500., 1-yr. jail sentence suepended on condition he absent himself from Co. 10 mths. later, Def. jailed to serve out sentence for having violated probation by returning to Co. May 25, 1959: Dist. Ct. held: "It was beyond the power of the court to impose banishment as a condition of probation . . . banishment is proscribed by the fundamental policy of not permitting one political division to dump undesirable persons upon another . . ."

412. Extradition

412.3.

New York ex rel. Reid v. Ruthazer, Warden. (N.Y. Gov. Rockefeller.) For facts, see IV DOCKET 25, 80. U.S.S.C. denied Rel's. petition for certiorari. Nov. 23, 1959: N.Y. Gov. denied Rel's. appeal to revoke extradition warrant; Rel. returned to Fla. to state, not local, authorities.

412.7.

New York v. O'Neill. For facts, see IV DOCKET 58, 80. Cite: 359 U.S. 1. Case note: 43 Minn. L. Rev. 1005-1010; 10 Western Reserve L. Rev. 611-4; 5 Howard L. Jour. 225-9.

412.8.

In re Williams. (ED Mich., N. Div.) (Ga. Sup. Ct.) For facts, see IV DOCKET 58, 80, 106. Ga. S. Ct. affirmed denial of motion for new trial based on discrimination in jury selection. Pending in DC Michigan.

413. Civil cases

420. Illegal arrest
Case notes:

Admissibility of exculpatory statements obtained during illegal detention: Starr v. U.S., (264 F. 2d 377, CA DC, cert. den., 359 U.S. 936), 28 Fordham L. Rev. 371-4.

Fingerprints taken during illegal arrest: Bynum v. U.S., (262 F. 2d 465, CA DC, 1959), 19 Md. L. Rev. 265-6.

490. Miscellaneous Due Process

490.4.

Pauling v. McElroy, Secy. of Defense. (CA DC.)*

490.6.

Buxton v. Ullmen, State's Atty. (Conn. Sup. Ct. of Errors.) For facts, see IV DOCKET 26, 80-1. Super. Ct. sustained demurrers. Oct. 7, 1959: appeal heard and submitted.

490.7.

Michigan v. Vaughn. (Genesee Co. Cir. Ct., #16299.) For facts, see IV DOCKET 26. Cir. Ct. granted City's motion to dismiss Def's. appeal; Def's. sentence vacated; constitutionality of ordinance left undecided.

490.9.

Michigan v. Hildabridle, et al. For facts, see IV DOCKET 26. Cite: 353 Mich. 562, 92 N.W. 2d 6. Case note: 11 S.C. L. Quarterly 388-91.

490.11.

Ramos and Figueroa v. City of Los Angeles, (U.S.S.C.)*

490.12.

DeVeau v. Braisted. (U.S.S.C., #17.) For facts, see IV DOCKET 58. Oct. 12, 1959: U.S.S.C. noted probable jurisdiction. Miscellaneous law review articles: Chester James Antieau, The constitutional rights of persons charged with violating municipal ordinances, 48 Georgetown L. Jour. 1-42. The Maryland version of the uniform post conviction procedure act, with special reference to the writ of habeas corpus, 19 Md. L. Rev. 233-40.

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

Survey:

Supreme Court decisions in 1958 Term: Civil rights cases, XIX Lawyers Guild Rev. 91-7.

Government report:

U.S. Commission on Civil Rights, With liberty and justice for all. U.S. Govt. Printing Office, 1959.

Law review article:

G. L. DeLacy, Segregation cases in the Supreme Court, 38 Neb. L. Rev. 1017-38.

Comment:

Civil rights — the test of democratic fiber, 10 Western Reserve L. Rev. 549-62.

500. Elections

501. Racial discrimination
Government report:

U.S. Commission on Civil Rights, With liberty and justice for all: Voting, pp. 23-99. U.S. Govt. Printing Office, 1959.

501.2.

Ivy v. Cole, Registrar. (Halifax Co., N.C.) (ED N.C., Wilson Div., #610-Civ.)*

501.4.

Reddix v. Lucky, Registrar. (Ouchita Parish, La.) (WD La., #5733-M.) For facts, see IV DOCKET 27, 59. Awaiting request from counsel to fix trial on merits. Jessie N. Stone, Jr., 854½ Texas Ave., Shreveport, La.

501.5.

Sharp v. Lucky, Registrar. (Ouchita Parish, La.) (WD La., #5734-M.) For facts, see IV DOCKET 27, 59. Sept. 22, 1958: DC dismissed case, after remand from CA 5. June 25, 1959: CA 5 affirmed dismissal.

501.6a.

Gomillion, et al. v. Mayor Lightfoot, et al. (Macon Co., Ala.) (U.S.S.C.) For facts, see IV DOCKET 27, 59. Sept. 15, 1959: CA 5 affirmed DC decision upholding constitutionality of state gerrymandering act and dismissal of suit for want of jurisdiction, (one judge diss., one judge concurring specially.) Petition for certiorari to be filed.

- 15 -

501.6b.

U.S. v. Livingston and Rogers, Bd. of Registrars. (Macon Co., Ala.) (U.S.S.C., #398.) (267 F. 2d 808.) For facts, see IV DOCKET 59, 107. Nov. 16, 1959: U.S.S.C. granted certiorari.

501.8.

U.S. v. Raines. (Terrell Co., Ga.) (U.S.S.C., #64.) For facts, see IV DOCKET 27, 59, 81. Correction: U.S.S.C. noted probable jurisdiction.

501.9.

Camacho v. N.Y.C. Bd. of Elections. (N.Y. Ct. of App.) For facts, see IV DOCKET 28, 59. Oct. 7, 1959: heard and submitted. Amicus brief by American Jewish Congress, 15 E. 84, NYC, by Leo Pfeffer, Esq., Woodmere, Long Island.

501.11.

U.S. v. White Citizens Council of Washington Parish, et al. (Bogalusa, La.) (ED La.)*

501.11a.

Gremillion ex rel. 17 La. Registrars v. U.S. (Shreveport, La.) (ED La.) For facts, see IV DOCKET 107. Oct. 7, 1959: 3-judge Fedl. Ct. (2-1) granted La's. request for injunction against further hearings by Civil Rights Commission because its rules denied due process of law to registrars: persons under investigation can not cross-examine witnesses, confront witnesses, know the charges against them. Ct. held act establishing Commission constitutional.

501.12.

U.S. v. Tennessee. (Fayette Co., Tenn.) (WD Tenn.) Nov. 16, 1959: Dept. of Justice alleged in suit against Tenn. registrars that qualified Negro voters were barred from voting in August 1959 primary election; sought injunction to prohibit further discrimination. Pending.

502. Political discrimination

510. Juries

511. Federal employees

512. Racial discrimination

512.5.

Eubanks v. Louisiana. For facts, see III DOCKET 39, 83. Cite: 356 U.S. 584. Case note: 5 N.Y. Law Forum 295-297.

512.12.

U.S. ex rel. Goldsby v. Harpole, Supt., Miss. State Pen. (U.S.S.C., #112.) (263 F. 2d 71.) For facts, see III DOCKET 59. Relator-Negro, convicted of murder in Carroll Co., Miss., filed petition for habeas corpus. Issue: systematic exclusion of Negro from grand and petit juries. Jan. 16, 1959: CA 5 found systematic exclusion: jurors chosen from lists of registered voters; no Negro registered voters in Co. Rives, J.: "We cannot assume that Negroes, the majority class in Carroll County, has en masse, or in any substantial numbers, voluntarily abstained from registering as electors". CA found judgment of conviction unconstitutional, subject to collateral attack; objection to grand jury selection had been waived, objection to petit jury selection had not been effectively waived. CA held Def. entitled to new trial within 8 mths.; CA to retain jurisdiction for entry of such further orders as might be necessary. Oct. 12, 1959: U.S.S.C. denied petition by Mississippi. Case note: 5 Howard L. Jour. 272-5.

512.21.

Venable v. West Virginia. (Raleigh Co. Cir. Ct.) For facts, see IV DOCKET 81. Cir. Ct. denied Def's. appeal. Petition for rehearing pending.

512.24.

New York v. Santos, et al. (Bronx Sup. Ct.) Oct. 19, 1959: 10 Puerto Rican youths, arrested for murder of another youth, petitioned for change of venue for trial from Bronx to Rockland Co. Issue: whether anti-Puerto Rican prejudice would make fair trial impossible. Petition denied. Irwin Gray, Esq., 391 E. 149th St., Bronx, NY.

512.25.

Rundquist v. Judge Leibowitz, et al. (Brooklyn Sup. Ct.) Nov. 1959: Taxpayer filed application for injunction to halt grand jury investigation of measures to discourage immigration of Puerto Ricans to N.Y., advisability of establishing residence requirements for relief applicants, under charge of Def.-Judge. Issue: whether charge infringed legislative function, bore no relation to ferreting out crime. Pending. Emanuel Redfield, Esq., for N.Y. Civil Liberties Union, 170 Fifth Ave., NYC.

512.26.

Colorado v. Montoya. (Colo. Sup. Ct.) Def. convicted of robbery in Logan Co. Issues: systematic exclusion of Spanish-Americans from jury; bringing Def. into courtroom handcuffed, tho admittedly unnecessary procedure. Nov. 9, 1959: Colo. Sup. Ct. reversed: found systematic exclusion: 1950 census showed 700 Spanish surnamed residents out of 17,000; Spanish surnamed persons on taxrolls qualified to serve as jurors; only 2 Spanish surnamed persons on jury panel of 7,000 from 1955-58. Ct. criticized handcuff procedure. Appellate counsel: Colorado Chapter, American Civil Liberties Union.

513. Economic discrimination

514. Political discrimination

515. Discrimination against women
Comment:

Jury service for women, 12 U. of Fla. L. Rev. 224-31.

520. Education
Government report:

U.S. Commission on Civil Rights, With liberty and justice for all: public education, pp. 101-138. U.S. Govt. Printing Office, 1959.

Survey:

Supreme Court decisions in 1958 Term: Civil rights cases, XIX Lawyers Guild Rev. 95.

521. Challenge to unequal facilities

- 16 -

521.11.

Holland v. Bd. of Public Instruction. (Palm Beach.) (SD Fla., #7161.) For facts, see IV DOCKET 28, 60. June 9, 1959: CA 5 denied leave to file petition for mandamus. Aug. 1959: Pl. appealed to Fla. State Bd. of Educ. to review Def.-Bd's. denial of admission to white school.

522. Suits to enforce integration

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.) For facts, see IV DOCKET 29, 60, 82, 107. Sept. 15, 1959: Def.-school Bd. reassigned three additional Negro students to Central High, affirmed denial of reassignment to 52 Negro applicants. Sept. 30: hearing in DC on complaint of several of 52 students.

522.Ark3b.

Smith, et al. v. Gov. Faubus, et al. and Ark. Sovereignty Comm. (Little Rock) (Ark. S. Ct.) For facts, see IV DOCKET 39, 82. Ark. S. Ct. decision reported this issue, at p. 4.

522.Ark3d.

Fitzhugh v. Ark. Dept. of Education. (Little Rock.) (Pulaski Co. Cir. Ct.) For facts, see IV DOCKET 60. May 4, 1959: Cir. Ct. affirmed decision for Def.

522.Ark5.

Dove v. Parham. (Dollarway School Dist.) (CA 8.) For facts, see IV DOCKET 82, 108. Sept. 21, 1959: CA 8 reversed DC order requiring admission of 3 Negro Pls. to previously all-white school, affirmed DC holding of Pupil Placement Law constitutional with its 15 standards to be considered re each pupil seeking transfer, incl.: residential proximity, scholastic aptitude, mental energy, impact of pupil's admission on other pupils. Oct. 1959: 3 pupils applied for transfers under Pupil Placement Law; Def.-Bd., after giving physical and mental examinations, denied applications.

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.) (DC Dela.) For facts, see IV DOCKET 30, 82, 108. Aug. 6, 1959: Pls. asked injunction against enforcement of 12-year stairstep integration plan; pending in DC.

522.Dela9.

Dennis, et al. v. Baker, et al. (Dover.) (DC Dela.)*

522.Fla2.

Gibson, et al. v. Dade Co. Bd. of Public Instruction, et al. (CA 5.) For facts, see IV DOCKET 30, 60, 82. Oct. 6, 1959: heard and submitted.

522.Fla3.

Myers, Cannon, et al. v. Hillsborough Co. Bd. of Public Instruction. (Tampa.) (DC Fla.) Sept. 1959: Negro Pls. filed for admission to Def.-Bd's. schools on non-segregated basis. Sept.: DC denied injunction, held Pls. had failed to follow procedure in Pupil Placement Laws, which would provide just remedy. Francisco Rodriguez, Esq., Tampa, Fla.

522.Fla4.

Re Lake Co. School Bond Issue. (Lake Co. Cir. Ct.) Sept. 1959: Cir. Ct. refused to validate $5.6 million bond issue for new schools on ground money would be used for racially segregated schools, in violation of U.S.S.C. decision in Brown case.

522.Ga2.

Hunt, et al. v. Arnold, Ga. State School of Business Admr. (ND Ga., Atlanta Div., #5781.) For facts, see IV DOCKET 30. Jan. 14, 1959: DC enjoined Defs. from refusing to admit Negro-Pls. as pupils. No appeal taken.

522.Ga3.

Calhoun v. Latimer. (Atlanta.) (CA5, #18040.)*

522.La1.

Orleans Parish School Bd., et al. v. Bush, et al. (ED La.)*

522.La2.

Hall, et al. v. St. Helena Parish School Bd., et al. (ED La., Civ. #1068.)*

522.La3.

Angel, et al. v. La. State Bd. of Educ., et al. (ED La., Baton Rouge Div., Civ. #1658.)*

522.La4.

Davis, Jr., et al. v. E. Baton Rouge Parish School Bd., et al. (ED La., Baton Rouge Div. Civ. #1662.)*

522.La6.

Williams, et al. v. Prather, et al. (WD La., #5000 Civ.)*

522.La10.

Henley, et al. v. La. State Univ. Bd. of Supervisors. (CA 5, #17421.)*

522.NY3.

Rector, et al. v. N.Y.C. Bd. of Educ. (N.Y. Sup. Ct.) Sept. 16, 1959: Parents of 5 Negro children sued Def.-Bd. charging intentional discrimination against Harlem Negro students by refusing transfers from an all-Negro school to predominantly white school while allowing white students to transfer from a Harlem school to a predominantly white school. Show cause order served on Bd. Pending. Paul B. Zuber, Esq., 2816 8th Ave., NYC. Report: Naomi Levine and Will Maslow, Analysis of integration activities of NYC Bd. of Education from Brown decision to the present. Am. Jewish Congress, 15 E. 84, NYC.

522.NC2.

Covington, et al. v. Edwards, Supt. of Schools, et al. (Montgomery Co.) (U.S.S.C., #222.) For facts, see IV DOCKET 31, 83. Oct. 12, 1959: U.S.S.C. denied Pls. petition for certiorari from DC and CA holdings that N.C. Pupil Placement Law is constitutional.

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.)*

- 17 -

522.NC7.

Holt, Jr., v. Bd. of Educ. (Raleigh.) (U.S.S.C., #114.) For facts, see IV DOCKET 32, 83. Oct. 12, 1959: U.S.S.C. denied Pls'. petition for certiorari from DC and CA rulings that Pls. must exhaust administrative remedies under Pupil Placement Law.

522.NC8.

McKissick and Richardson v. Bd. of Educ. (Durham.) (MD N.C.) For facts, see IV DOCKET 83. Sept. 1959: DC dismissed suit as class action in which Pls. had not attempted to exhaust administrative remedies under State Pupil Placement Law. DC criticized some procedures of Def.-Bd. under this Law. Pl. renewed transfer application; Def.-Bd. granted transfer to white school.

522.NC9.

Pls. v. Bd. of Educ., N. C. Bd. of Educ., N. C. Advisory Committee on Education. (Greensboro.) (MD N.C.) For facts, see IV DOCKET 83. Pls. filed amended complaint alleging that Def.-Bd. changed all-white school into all-Negro school, but made no general plan for desegregation.

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 Co.) (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.)*

522.Tenn3.

Ward v. Bd. of Educ. (Knoxville.) (ED Tenn., N. Div., #3158.)*

522.Tenn4.

Blakney, et al. v. Bd. of Educ., et al. (Memphis State University.) (WD Tenn.) For facts, see IV DOCKET 32. Sept. 10, 1959: 8 Negro Pls. entered MSU as undergraduate students.

522.Tenn5.

Pls. v. Bd. of Educ. (Rutherford Co.) (MD Tenn.) Sept. 4, 1959: Negro parents stationed at Stewart Air Force Base sued for injunction prohibiting Def.-Bd. from excluding 16 Negro children because of race. Sept. 16, 1959: DC issued injunction; children admitted to school.

522.Tex5.

Borders, et al. v. Rippy, et al. (Dallas.) (CA 5.) For facts, see II DOCKET 25, 46, III DOCKET 17, 41, 61, IV DOCKET 109. Appeal pending.

522.Tex7.

Ross v. Rogers, Pres., Houston Independent School Dist. (DC Tex., Houston, #10,444.)*

522.Tex8.

Dallas Independent School Dist. v. Edgar. (Tex. Dist. Ct.)*

522.Tex9.

Pls. v. Bd. of Educ. (Abilene.) (Texas Sup. Ct.) Pls.-Negro children sue for admission to public school near Dyess Air Force Base attended exclusively by children of military personnel. Issue: constitutionality of state law cutting off funds to any county which permits integration without referendum. Pending.

522.Va1.

County School Bd. v. Allen, et al. (Prince Edward Co.) (U.S.S.C., #227.) For facts, see IV DOCKET 33, 83, 109. Oct. 12, 1959: U.S.S.C. denied Bd's. petition for certiorari. Bd. closed all public schools in response to DC desegregation order.

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.) For facts, see IV DOCKET 33, 62, 83. Oct. 22, 1959: after hearing, DC ordered Va. Pupil Placement Bd. to assign 4 Negro students to Norfolk public school or face contempt proceedings.

522.Va5.

Allen, et al. v. School Bd. (Charlottesville.) (WD Va., #51.)*

522.Va6.

Hamm, et al. v. School Bd. (Arlington.) (ED Va., #1341.) For facts, see IV DOCKET 33-4, 62, 84, 109. Sept. 1959: DC ordered 7 more Negro pupils admitted to public school.

522.Va14.

Warden, et al. v. School Bd. (Richmond.) (ED Va., Richmond.)*

522.Va17.

Walker v. School Bd. (Floyd Co.) (DC Va., Roanoke.) Suit by Negro pupils for admission to previously all-white high school in Co. having no high school for Negro students. Sept. 19, 1959: DC ordered admission of 14 Negro students to white high school.

522.Va18.

Brooks v. School Bd. (Galax.) (DC Va., Roanoke.) Negro student sued for admission to white high school in city having no facilities for Negro high school students. Sept. 19, 1959: DC ordered Pl. admitted to city (white) high school.

522.Va19.

Blair v. School Bd. (Grayson Co.) (DC Va., Roanoke.) 6 Negro students sued for admission to white high school in Galax under city-county contract with Grayson Co., which has no high school for Negro students. Sept. 19, 1959: DC denied Pl's. motion for order of admission.

523. Suits to prevent integration

523.Ga1.

Patrick Henry Schools, Inc. v. Oxford, Ga. Revenue Commr. (Ga. Co. Ct.)*

523.Okla1.

Arcadia School Bd. v. Poling, Co. School Sup't. (DC Okla.) For facts, see IV DOCKET 109. Aug. 1959: DC denied temporary injunction. Pending.

524. Miscellaneous

524.3.

Kissick v. Garland School Bd. (Texas Dist. Ct., Dallas.) Pl.-married high school student football player sued to reverse Def.-Bd. prohibition against married students participating in extracurricular activities. Sept. 1959: Dist. Ct. denied injunction against Def.-Bd., upheld regulation.

530. Housing

531. Public

531.8.

Barnes v. City of Gadsden. (U.S.S.C., #499.) (174 F. Supp. 64, 268 F. 2d 593.) For facts, see IV DOCKET 62. June 30, 1959: CA 5 (2-1) affirmed DC denial of injunction to Pls. Rives, J., diss. in part: "A careful study of the record and exhibits has convinced me that there are controlling additional facts, . . . undisputed . . . , which were not noted in the district court's findings . . . I cannot escape the conclusion that actual segregation is contemplated". Pls'. petition for certiorari pending in U.S.S.C. Arthur Burns, Esq., 827 Forrest Ave., Gadsden, Ala.

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531.9.

Tate v. City of Eufaula. (DC Ala.) (165 F. Supp. 303.) For facts, see IV DOCKET 109. No appeal taken. Fred D. Gray, Esq., 113 Monroe St., Montgomery, Ala.

532. Private

531.15.

Bolton v. Crane, et ano. (Cook Co. Super. Ct., #57 6577.)*

532.17.

Martin v. NYC Commission on Intergroup Relations. (NY Co. Sup. Ct.) For facts, see IV DOCKET 84. Pl's. suit testing constitutionality of NYC fair housing ordinance pending. April 14, 1959: Sup. Ct. denied Pl's. motion for stay of Def.-Comm. hearing. Apr. 24, 1959: Pl. appeared at formal hearing of Def.-Bd. on charges of racial discrimination by Pl. as real estate operator. Pending.

532.18.

O'Meara v. Jones. (Wash. Sup. Ct.)*

532.21.

Levitt and Green Fields v. N.J. State Division Against Discrimination. (App. Div., N.J. Super. Ct.)*

532.22.

Re Morristown Gardens, Inc. (N.J. Educ. Commr.)*

540. Transportation

541. Interstate

541.2.

Baldwin v. Morgan. (DC Ala., Birmingham.) For facts, see IV DOCKET 35. Oct. 27, 1959: case heard on remand from CA 5.

541.3.

Watson v. Eastern Lines. (ND Ga., Atlanta, #6506.)*

541.4.

Henry v. Greenville Municipal Airport. (WD S.C.)*

542. Intrastate

542.4.

Evers, et al. v. Dwyer, Comm'r. of Public Service of City of Memphis, et al. (WD Tenn., Civ. #2903.)*

542.5a.

Garmon, et al. v. Miami Transit Co., Inc., et al. (U.S.S.C.)*

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. Ct.) For facts, see IV DOCKET 36, 110. Nov. 1959: American Legion severed its connection as parent organization to Def.-40 & 8 Society. Suit pending. Amicus appearance by Stanley Mosk, Esq., Atty. Genl. of California, Sacramento.

551.Cal6.

California v. Chambers, et al. (Los Angeles Muni. Ct.)*

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, Civ.-J.) For facts, see IV DOCKET 63. Apr. 1, 1959: DC granted Pl's. motion for summary judgment, issued permanent injunction against discrimination on city-owned golf courses.

551.Ga1.

Georgia v. Agard and Rikeman. (Savannah Police Ct.) Def.-Air Force master sergeant convicted in Police Ct. of disorderly conduct for being with a white woman in public. Def's. driver's license identifies him as Negro. Def. alleges ancestry: American Indian; Calcutta, Indian; Scotch-Irish. Issue: absence of Ga. statute making it offense for white person to be in company with Negro. Penalty: Agard sentenced to 60 days or $100.; Miss Rikeman: held 3 days for Bd. of Health exam.; suspended. J. Emory Findley, and Julius Fine, Esqs., both of Savannah.

551.Mich2.

Pyle v. Michigan. (Mich. Sup. Ct.)*

551.NY4.

N.Y. State Commission Against Discrimination v. Mid-City Swimming Pool and Finn. (formerly entitled S.C.A.D. on complaint of Sharpe v. Ackley-Maynor Co., Inc., et al.) (Albany Sup. Ct., App. Div.) For facts, see IV DOCKET 64, 85. Defs'. appeal pending from first jail sentence and fine imposed to enforce cease and desist order of state anti-discrimination agency.

551.NY5.

Carter v. Canton Valley Restaurant. (Jamaica Muni. Ct., Queens.)*

551.NC1.

North Carolina v. Cooke. (U.S.S.C.)*

551.SC1.

Pls. v. Charleston Municipal Golf Course, et al. (ED S.C., #7-48.)*

551.Tenn2.

Tennessee v. Owens and Frierson. (Memphis Muni. Ct.)*

551.Tex1.

Ware and Williams v. Statler Hilton Hotel. (ND Tex., #8214.) Pls., Negro ministers, allege Def.-Hotel accepted reservations from them for 1957 Baptist convention in Dallas, refused to rent rooms on learning their race. Suits for $15,000 damages filed. Pending. Amicus appearance by Stanley Mosk, Esq., Atty. Genl. of California, Sacramento.

551.Cal6.

California v. Chambers, et al. (Los Angeles Muni. Ct.)*

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, Civ.-J.) For facts, see IV DOCKET 63. Apr. 1, 1959: DC granted Pl's. motion for summary judgment, issued permanent injunction against discrimination on city-owned golf courses.

551.Ga1.

Georgia v. Agard and Rikeman. (Savannah Police Ct.) Def.-Air Force master sergeant convicted in Police Ct. of disorderly conduct for being with a white woman in public. Def's. driver's license identifies him as Negro. Def. alleges ancestry: American Indian; Calcutta, Indian; Scotch-Irish. Issue: absence of Ga. statute making it offense for white person to be in company with Negro. Penalty: Agard sentenced to 60 days or $100.; Miss Rikeman: held 3 days for Bd. of Health exam.; suspended. U. Simpson Tate, Esq., 4211 S. Oakland Ave., and W. J. Durham, Esq., 2600 Flora St., both of Dallas. And see Bishop, 551.Mich1, IV DOCKET 36.

551.Wash1.

Re Beacon Hill Men's and Women's Golf Clubs, et al. (Wash. State Bd. Against Discrimination.) Sept. 9, 1959: after public hearings, Bd. found four clubs practiced discrimination against Negro membership while exclusively representing public courses in golf assns.; held 1958 Seattle Bd. of Park Commrs. ruling forcing discriminatory clubs to drop names of park courses did not solve problem; recommended Seattle Park Bd. refuse club privileges on city property until memberships opened on non-racial basis.

551.WVa1.

Lark v. Harrison d/b/a Green Acres Motel. (Wood Co. Cir. Ct.) For facts, see IV DOCKET 36, 85. Pl. took voluntary non-suit. Case closed.

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552. Others

552Mich1.

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.)* Insurance Commissioner's Advice: Washington State Insurance Commr. advised that sale of auto and property damage insurance comes under State Anti-discrimination Act of 1957, forms cannot contain racial questions, Letter dated Nov. 17, 1958.

560. Family Matters

561. Marriage and divorce

562. Adoption
Case notes:

Effect of a separation agreement providing for religious education of child: Hackett v. Hackett, (150 N.E. 2d 431, Ohio App. 1958), 29 U. of Cincinnati L. Rev. 375-7.

Court leaves choice of religion to 13-year old child notwithstanding terms of separation decree incorporating substance of antenuptial agreement: Hehman v. Hehman, (13 Misc. 2d 318, 178 N.Y.S. 2d 329, 1958), 59 Col. L. Rev. 680-3.

563. Custody

564. Miscellaneous

570. Employment

571. Racial discrimination

571.1.

Brooks, et al. v. School Dist. of Moberly, et al. (U.S.S.C.) (267 F. 2d 733.) For facts, see IV DOCKET 37, 64. June 17, 1959: CA 8 affirmed DC dismissal of suit despite finding that Def.-Bd., in integrating public schools, did not renew contracts of 11 out of 11 Negro teachers and 4 out of 98 white teachers; "We concede that the result is unusual and somewhat startling". Issues on appeal: violation of equal protection clause and 42 USCA 1981, 1982, 1983; Def's. admission that Pls'. qualifications, training, experience greater than of some white teachers retained. Petition for certiorari pending. Robert L. Carter, Esq., N.A.A.C.P., 20 W. 40th, NYC; Herbert O. Reid, Esq., Washington, D.C.; R. L. Witherspoon and Sidney R. Redmond, Esqs., St. Louis, Mo.; Lee V. Swinton, Esq., Kansas City, Mo.

571.3a.

Starling v. Mingo Co. Bd. of Educ. (SD W. Va.) For facts, see IV DOCKET 37. After trial, Ct. found no discrimination, Pl. did not have valid certificate. (Pl. now teaching in Co. schools.)

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. For facts, see IV DOCKET 37, 64, 85. Cites: 262 F. 2d 359, cert. den. 359 U.S. 935. Case note: 27 G. Washington L. Rev. 730-34.

571.15.

Conley, et al. v. Gibson, Bro. of Railway and Steamship Clerks. (SD Tex., Houston Div., #8443.)*

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.)*

571.25.

Colorado Anti-Discrimination Comm., et al v. Continental Air Lines, Inc. (formerly titled Green v. Continental Air Lines, Inc.) (Colo. Sup. Ct., #19215.) For facts, see IV DOCKET 65. June 25, 1959: Dist. Ct. held Comm's. order a nullity. Comm's. appeal pending. Asst. Attys. Genl. Robert Nagel, Charles Thomas and Edward Miller, Denver. Counsel for Green: T. Raber Taylor, Esq., Denver.

571.28.

Banks v. Capital Airlines. (N.Y. Comm. Against Discrimination.)*

571.29.

Miller v. Gleason, Local Pres., Int'l. Longshoremen's Assn. (N.Y. Comm. Against Discrimination.)*

571.30.

American Jewish Congress v. Aramco. (N.Y. Comm. Against Discrimination.)*

580. Civil Actions under Civil Rights Law Not Otherwise Covered

580.3.

Pettus v. Schlet, et al. (ED Mich., #19013.) For facts, see IV DOCKET 86. Def's. motion to dismiss for lack of fedl. question pending.

580.4.

Murphy v. West, et al. (ED Mich. S. Div., #19068.) Suit under Fedl. Civil Rights Act for false imprisonment by police officers. Motion to dismiss denied after trial; Ct. found for Pl.: $500. damages. Goodman, Crockett, Eden and Robb, Esqs., 3220 Cadillac Tower, Detroit. And see cases at 420.

600. Suits Involving Constitutional Rights of American Indians

601. Civil Actions between Individual Indians and Indian Tribes

602. Civil Actions Against Indians on Reservations

602.3.

Williams v. Lee. (U.S.S.C.)*

603. Criminal Actions against Indians on Reservations

604. Actions involving Real Property

605. Condemnation of Land of American Indian Reservation

605.1.

U. S. v. 1,383 Acres of Land. (formerly listed as 21,250 Acres.) (U.S.S.C.)*