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CIVIL LIBERTIES DOCKET
Vol. V, No. 3
June, 1960
$7.50 per year

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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 of the DOCKET board; Ann Fagan Ginger, editor.

Vol. IV, No. 1 contained complete descriptions of all cases pending in July 1958 or instituted prior to November 1958. Volume V is a continuation of Volume IV. 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.

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

Book:

Milton R. Konvitz, Bill of Rights Reader: Leading constitutional cases. 2d edit. Cornell Univ. Press, $8.25.

Law review articles:

William O. Douglas, Mr. Justice Cardozo, 58 Mich. L. Rev. 549-556.

Philip B. Kurland, The Supreme Court and its judicial critics, 6 Utah L. Rev. 457-466.

Tom C. Clark, The Supreme Court as a protector of liberty under the rule of law, 43 Marq. L. Rev. 11-19.

Jerre S. Williams, Freedom to speak — but only ineffectively, 38 Texas L. Rev. 373-391.

O. John Rogge, Unenumerated rights, 47 Cal. L. Rev. 787-827.

Joseph L. Call, The Constitution v. the Supreme Court, 11 Baylor L. Rev. 383-412.

James A. Gardener, The Supreme Court and philosophy of law, 5 Vill. L. Rev. 181-205.

Chester James Antieau, Natural rights and the founding fathers: the Virginians, 17 Wash. & Lee L. Rev. 43-79.

Joseph L. Call, Federalism and the Ninth Amendment, 64 Dickinson L. Rev. 121-131.

Sanford H. Kadish, A note on judicial activism, 6 Utah L. Rev. 467-471.

SPEECH AND PRESS (0-199) See also Association (200-299)
10. Licensing
11. Meetings

11.3. American Civil Liberties Union and Monroe v. Los Angeles City Bd. of Educ. (Dist. Ct. of App., L.A.) For facts, see IV DOCKET 88. May 24, 1960: Dist. Ct. of App. reversed Super. Ct., held constitutional Calif. Educ. Code sec. 1941, requiring loyalty oaths from groups using public school auditoriums, because it restricts subversive acts but not advocacy. Case closed.
11.4. Seeger v. San Diego Bd. of Educ. (San Diego Super. Ct.) Promoter of concert by Pl. signed loyalty oath required for use of public school auditoriums (Calif. Educ. Code sec. 16565); Am. Legion protested; Def.-Bd. held May 12, 1960, that performers also must sign oath. May 14, 1960: Pl. argued statute unconstitutional, Bd. rule beyond its authority to expand statutory requirement; Super. Ct. granted writ of mandate; concert held.

Gostin and Katz, Esqs., 326 Broadway, San Diego. And see Seeger, 270.25.

12. Motion Pictures

12.2. Kingsley Intl. Pictures Corp. v. N. Y. Bd. of Regents. (U.S.S.C.) (360 U.S. 684). For facts, see IV DOCKET 1, 88.

Case notes:

13 Vand. L. Rev. 541-546;

37 U. of Det. L. Rev. 304-307;

26 Brooklyn L. Rev. 112-117.

12.13. Empire Pictures v. City of Fort Worth. (CA 5; Tex. Ct.) For facts, see IV DOCKET 88. CA 5 remanded to Texas state ct., which reversed City licensing bd., directed issuance of license for film, "And God Created Woman".
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12.15. Times Film Corp. v. City of Chicago. (U.S.S.C., #689.) (180 F. Supp. 843, 272 F. 2d 90.) For facts, see V DOCKET 1. CA 7 affirmed denial of permit to show Pl's. movie, Don Juan. in Def.-City on payment of license fee but refusal to submit film for censorship. Issue: constitutionality of prior censorship of films. March 21, 1960: U.S.S.C. granted certiorari.
13. Peddlers
14. Books, Magazines
15. Miscellaneous
20. Administrative Restrictions
21. Customs
22. Post Office
See Study by Senate Subcomm. on Constitutional Rights, May, 1960.
22.5. Grove Press, Inc. and Readers Subscription, Inc. v. Christenberry, NYC Postmaster. (CA 2.) (175 F. Supp. 488.) For facts, see IV DOCKET 68, 88. Mar. 25, 1960: CA 2 unanimously affirmed DC decision that "Lady Chatterley's Lover" is not obscene and is mailable: D. H. Lawrence's thesis is expressed "continuously in the modern marriage-counseling and doctors' books written with apparently quite worthy objectives."

Case note:

62 W. Va. L. Rev. 179-181.

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.)*
22.9. Hughes v. Schroeder. (ND Ill., E. Div., #59 C 728)*
22.10. Rabin, et al., d/b/a Modern Book Store v. Schroeder. (ND Ill., E. Div., #60 C 42.)*
22.11. Big Table, Inc. v. Schroeder. (ND Ill., E. Div., #59 C 1382.)*
22.12. Four Star Publications, Inc., Knight Publishing Corp., et al. v. Erbe, individually and as Iowa Atty. Genl. (SD Ia., ##4-1020, 1021.)*

Law review article:

Harvey L. Zuckman, Obscenity in the mails, 33 S. Calif. L. Rev. 171-188.

Comment:

Obscenity and the post office: Removal from the mail under section 1461, 27 U. of Ch. L. Rev. 354-368.

Case note:

Post Office Dep't. order impounding mail pending administrative adjudication of fraudulent use of the mails unconstitutional: Green v. Kern, (174 F. Supp. 480, aff'd per curiam, 269 F. 2d 344, 3d Cir., 1959), 28 G. Wash. L. Rev. 454-457.

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. (CA 2.) (19 and 24 F.R.D. 360.)*
40. Contempt
41. Federal Courts
42. State courts

42.2. Common Pleas Judge Thomas v. Cleveland Press and Cleveland Plain Dealer. (Cuyahoga Co. Com. Pleas Ct.) Def. newspapers charged with contempt of court for publishing indictments returned by grand jury before they were announced in ct. Apr. 20, 1960: Judge White acquitted Defs.
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 40, 68. Mar. 7, 1960: U.S.S.C. (6-3) reversed, held unconstitutional Los Angeles Co. ordinance prohibiting distribution of handbills not containing names and addresses of authors, sponsors or distributors: Black, J.: "There can be no doubt that such an identification requirement would tend to restrict freedom to distribute information and thereby freedom of expression . . . Anonymous pamphlets, leaflets, brochures and even books have played an important role in the progress of mankind. Persecuted groups and sects from time to time throughout history have been able to criticize oppressive practices and laws either anonymously or not at all . . ." Harlan, J., concurring, based on balancing of State need for information against clear impingement on freedom of speech. Clark, Frankfurter, Whittaker, JJ., dissent.
51.7. Alabama v. Howard, Jr. (Ala. Sup. Ct.)*

Reports on disorderly conduct charges brought against Negro youth as result of attempts to be served at southern lunch counters in this issue at 552.

51.8. Storey v. Davis. (Cook Co. Super. Ct., #60 S 9228.) Police arrested Pls.-4 college students; charges: drunk and disorderly conduct, resisting arrest. Muni. Ct. told Pls. they would be discharged only if they signed release, which Pls. did. May 20, 1960: Pls. filed suit for declaratory judgment that release invalid because judicially coerced; $50,000. damages for each Pl. for false arrest, false imprisonment, malicious prosecution. Pls. allege sole cause of arrests was slowness of one Pl. in presenting identification to police. Pending.

Lee J. Vickman, Esq., 300 W. Washington; Joel J. Sprayregen, Esq., 19 S. La Salle, both of Chicago.

51.9. District of Columbia v. Morgan. (Dist. of Col.) March 1960: Def.-American Nazi Party leader arrested for disorderly
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conduct after scuffle with local Jewish leader while Def. distributing anti-Negro, anti-Semitic leaflets. D. C. corp. counsel held no D.C. statute prohibited such distribution unless it resulted in clear and present danger to maintenance of peace and good order. Charges dismissed.

Am. Civil Liberties Union, as counsel, 1612 Eye St., Washington, D.C.

51.10. California v. White, et al. (San Francisco Muni. Ct.) May 13, 1960: UnAmerican Activities Comm. issued passes to friends of Comm. during hearing in San Francisco City Hall. Students, protesting hearings and unequal admittance rules, hosed down by police, 68 arrested for disturbing the peace, inciting to riot, resisting arrest. June 1, 1960: following not guilty pleas, Ct. dismissed charges against 62. Cases against juveniles pending.

Charles Garry, Esq., 703 Market St.; Ned Burns, Esq., 111 Sutter; James F. Thatcher, Esq., 351 California St.; Beverly Axelrod, Esq., 345 Franklin St.; Jack Berman, Esq., 995 Market St., all of San Francisco; Rupert Crittenden, Esq., Latham Sq. Bldg., and Robert Treuhaft, Esq., 1440 Broadway, both of Oakland.

And see Meisenbach, 51.11.

51.11. California v. Meisenbach. (San Francisco Muni. Ct.) Facts and issues similar to White, 51.10. Additional charge: assault with deadly weapon. Def. alleges police brutality, denies all charges. Pending.

Beverly Axelrod, Esq., 345 Franklin St., San Francisco.

52. Obscenity (see also 12, 14)

52.8. People of New York v. Shapiro, et al. (App. Div., Second Dept.)*
52.19. Katsev v. County of Los Angeles. (Calif. Sup. Ct.) (341 P. 2d 310.) For facts, see IV DOCKET 69, 89.

Case notes:

108 U. of Pa. L. Rev. 747-753;

48 Calif. L. Rev. 145-151.

52.20. U.S. v. Frew. (ED Mich., # 37517.)*
52.21. U.S. v. Steiner. (ED Mich., # 37580.)*
52.22. Massachusetts v. Spiegel. (Cambridge Dist. Ct.) March 7, 1960: state police, with search warrant, seized collection of allegedly obscene photos from Harvard psychiatry prof., charging violation of state law. Def. pleaded not guilty on ground materials necessary for scientific investigations, not shown by Def. to any other person. Pending.

David R. Pokross, Esq., Boston.

And see U.S. v. 31 Photographs, II DOCKET 1, 49, III DOCKET 22.

53. Defamation
Law review article:

Peter J. Belton, The control of group defamation: A comparative study of law and its limitations, 34 Tul. L. Rev. 299-342.

54. Sedition (see also 241-4)

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

55.3. Streamwood Builders, Inc. v. Brolin, et al. (Cook Co. Cir. Ct., #59 C 13773.) (Ill. App. Ct., 1st Dist., #47592.) For facts, see V DOCKET 23. App. ct. affirmed issuance of injunction ex parte. Other issues pending.
55.4. Fair Share Organization, et al. v. Kroger Co., Local 1460—Retail Clerks Intl. Assn.—AFL-CIO. (Ind. App. Ct., Indianapolis.) (165 N.E. 2d 606.) For facts, see V DOCKET 23. Pls. filed appeal from injunction, granted without full hearing of Pls. case, under Indiana Labor Anti-Injunction Act sec. 240-501. App. ct. granted Appellee-Co's. motion to transfer to Ind. Sup. Ct., which remanded back to App. Ct. Pending.
55.5. Natl. Labor Relations Bd. v. Teamsters' Local 639. (U.S.S.C., #34.) 1954: Curtis Bros. employees rejected Def.-Union as collective bargaining representative; Def.-Union thereafter conducted peaceful picketing to regain recognition. Trial Exam. ruled picketing legal. N.L.R.B. held picketing constituted restraint and coercion of employees under Taft-Hartley Act. March 28, 1960: U.S.S.C. (6-0) reversed, upheld constitutional right to picket peacefully in such circumstances, limited scope of Act's provision. Stewart, Frankfurter and Whittaker, JJ., would have remanded case to N.L.R.B. for reconsideration in light of Landrum-Griffin 1959 amdt. to Act.

Herbert S. Thatcher, Esq., Washington, D.C.

55.6. Michigan v. 14 Students. (Ann Arbor.) 14 students arrested for distributing anti-discrimination leaflets while picketing Kresge's, Woolworth's, Cousins shops. Charge: littering. City Attorney ruled distribution lawful; charges dropped.

Harold Norris, Esq., for Detroit Chapter, Am. Civil Liberties Union, 1179 Natl. Bank Bldg., Detroit.

And see cases at 552.

56. "Corrupt Practices"
57. Vagrancy

57.1. California v. 52 Defs. (Stockton Muni. Ct.) April 1960: during organizing drive by Agricultural Workers Organizing Comm., 52 men arrested for vagrancy. 18 Defs. requested separate jury trials; $1,000. bond set. Defs. allege they were seeking employment as migrant farm laborers. 10 Defs. released; other cases pending.
58. Miscellaneous

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

And see cases at 120, 58.12.

58.10. Tennessee v. Clark, Barksdale, Carawan, Sturges. (Cir. Ct., Grundy Co.)*
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And see Highlander Folk School, 244.6.
58.11. People of New York v. Silfa, et al. (Upper Manhattan Mag. Ct.) Defs. arrested while selling and buying copies of anti-Trujillo newspaper on NYC streets. Charges: littering the streets, soliciting for "a cause" without a permit. April 18, 1960: Defs. found not guilty.

Leon Braun, Esq., 50 E. 42nd St., NYC.

58.12. People of New York v. Blossom, et al. (Manhattan Mag. Ct.) May 3, 1960: 27 persons who refused to take shelter during NYC annual Civil Defense air raid drill arrested, charged with violation of NY Emergency Defense Act. May 6, 1960: after pleading guilty, 26 sentenced to 5 days in workhouse. 1 Def. found guilty after jury trial.

Charles T. McKinney, Esq., 160 Broadway, NYC.

And see 64.1, and cases at 120.

60. Civil Sanctions
61. Defamation
Law review article:

Peter J. Belton, The control of group defamation: A comparative study of law and its limitations, 34 Tul. L. Rev. 299-342.

Case note:

Multi-state defamation in the federal courts: Barry v. Beacon Publications Corp., (169 F. Supp. 439, SD NY 1958), 25 Missouri L. Rev. 88-92.


61.1. Farmers Education and Cooperative Union v. WDAY (U.S.S.C.) (360 U.S. 525.) For facts, see IV DOCKET 4, 90.

Case notes:

11 W. Res. L. Rev. 305-308;

13 Vand. L. Rev. 423-425.

61.4. Steinberg v. O'Connor. (DC Conn.)*
61.7. Barr v. Matteo (U.S.S.C.) (360 U.S. 564, 361 U.S. 855.) For facts, see IV DOCKET 90.

Case notes:

44 Minn. L. Rev. 547-555;

13 Vand. L. Rev. 590-594.

61.9. City of Montgomery v. The New York Times, Rev. Shuttlesworth, et al. (Montgomery Co. Ct.) $500,000. libel suit by Pl.-Mayor and City Commissioners charging that advertisement appearing in Def.-newspaper asking funds to help pay legal defense of Rev. King's Ala. income tax suit contained false statements re Negro college student demonstrations, subjecting Pls. to ridicule and embarrassment. Pending.
61.10. Gov. Patterson v. The New York Times, Rev. King, Shuttlesworth, et al. (Montgomery Co. Ct.) $1,000,000. libel suit based on same facts as 61.9 filed; pending.
61.11. Mayor Morgan, et al. v. The New York Times, and Salisbury. (DC Ala.) Birmingham's 3 City Commissioners filed $1,500,000. libel suit against Def.-newspaper and reporter charging publication of article re race City's relations "with intent to defame Pls. "falsely and maliciously". Pending.
62. Injunctions in labor disputes
See Fair Share Organization, 55.4.
63. Other injunctions
64. Miscellaneous

64.1. Re 53 Brooklyn College Students. (Pres. Gideonse.) May 3, 1960: 200 students sat on College steps in passive defiance of civil defense drill; Dean's office took names. May 17, 1960: 53 students suspended from college for four days in punishment.
90. Miscellaneous Freedom of Thought
FREEDOM OF RELIGION (100-199)
110. Separation of Church and State
Comment:

A new trend in civil rights litigation? Sunday laws, released time, and Bible reading in the public schools as affected by the First Amendment, 28 G. Wash. L. Rev. 579-615.


110.1. In re Application of Lewis and Klein, v. N. Y. State Commr. of Education. (Spec. Sess., App. Term, Albany Co.)*
110.2. Spalding v. Wooley, et al. (Marion Co. Ct., Ky.) (293 SW 2d 563, 309 SW 2d 42.) For facts, see II DOCKET 51. 1957: Co. Ct. ordered Def.-Bd. of Educ. to erect a central high school, discontinue two public high schools operated by Catholic nuns, by 1959. 1959: Def.-Bd., pleading insufficient funds, requested delay until after 1960 Ky. Genl. Assembly. Pending.

Jesse K. Lewis, 300 Bank of Commerce Bldg., Lexington, Ky.

110.4. Squires, et al. v. Inhabitants of Augusta. (Maine Sup. Ct.) For facts, see IV DOCKET 4, 90. Cite: 153 A. 2d 80.

Case note:

40 Boston U. L. Rev. 144-148.

110.6. Schempp v. School Dist. of Abington Township. D.C. Pa.) (177 F. Supp. 398.) For facts, see IV DOCKET 4, V DOCKET 3. March 18, 1960: 3-judge fedl. ct. heard argument on constitutionality of 1959 Pa. public school Bible-reading act, permitting children to be excused on parents' request; pending.

Case notes:

13 Vand. L. Rev. 550-558;

20 Ohio State L. Jour. 701-704;

58 Mich. L. Rev. 588-592.

110.8. Engle v. Vitale. (NY Sup. Ct., App. Div., 2d Dept.) (191 N.Y.S. 2d 453.) For facts, see V DOCKET 3. Appeal pending.

Case note:

20 Md. L. Rev. 81-82.

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110.9. Snyder, et al. v. Town of Newtown, et al. (Conn. Sup. Ct. of Errors, #4848.)*
110.10. Chamberlin v. Dade Co. Bd. of Public Instruction, et al. (Dade Co. Cir. Ct., #59 C 4928.)*
110.11. Silver v. N.Y. State Educ. Commr. (NY Sup. Ct., 3d Dept.)*
110.13. Archer v. County Council of Montgomery Co., Maryland. (Montgomery Co. Cir. Ct.)*
110.14. Swart v. Burlington Town School Dist. (Chittenden Co. Chancery Ct., Vermont.) Pl.-taxpayer sued to enjoin Def.-Dist. from paying tuition for District children to attend parochial schools in the absence of Dist. public secondary school. Feb. 19, 1960: Chancellor enjoined Def.-Dist. from using its funds to pay tuition at sectarian high schools, held "welfare theory" of Cochran and Everson cases inapplicable. Stayed pending appeal.
120. Pacifiists and Conscientious Objectors

120.13. U.S. v. Robinson. (DC W.Va.) Feb. 18, 1960: Def.-pacifist convicted of refusal to pay income taxes because they are used for armaments; 1 yr. and 1 day sentence. Def. went on hunger strike in prison. April 1960: pickets went on hunger strike outside prison. May 19, 1960: Ct. ordered Def. released.
120.14. U.S. v. Rev. Muste. (U.S. Tax Ct., NY.) Def.-secy., Fellowship of Reconciliation, publicly refused to pay fedl. income taxes from 1948 to 1952 because they help pay for atomic weapons. 1960: charged with $1,165 assessment and penalties. March 15, 1960: trial; briefs to be filed.

Prof. Harrop A. Freeman, Cornell University School of Law, Ithaca, NY.

120.15. U.S. v. Miller. (ND Ohio.) Def.-Amish farmer charged with draft evasion for refusing to accept hospital work in lieu of military service. March 18, 1960: Def. convicted, sentenced to 3 yrs.
130. Denial of Tax Exemptions
140. Miscellaneous Restrictions

140.10. Gallagher v. Crown Kosher Super Markets of Mass., Inc. (U.S.S.C., #532.) (176 F. Supp. 466.) For facts, see IV DOCKET 43, 70, V DOCKET 3. Apr. 25, 1960: U.S.S.C. noted probable jurisdiction. To be argued Fall 1960, with 140.19 and 140.20.

Case notes:

6 Utah L. Rev. 581-586;

32 Rocky Mt. L. Rev. 243-245;

5 Villanova L. Rev. 308-311.

140.14. Nelson's Kiddie City, Collingdale, Inc. v. Oates. (ED Pa., #27144.) For facts, see V DOCKET 3, 24. Injunction dissolved by agreement.
140.15. Two Guys from Harrison and Channel Lumber Co. v. Furman, N.J. Atty. Genl. (N.J. Sup. Ct., #3043.) For facts, see V DOCKET 24. Apr. 4, 1960: N.J. Sup. Ct. (4-2) affirmed constitutionality of 1959 N.J. Sun. closing law, declared 1951 law void, remanded for trial on whether 1959 law was arbitrary and denied equal protection through classification of what might be sold on Sun.
140.16. Morein, et al. v. Furman, N.J. Atty. Genl. (DC N.J.) For facts, see V DOCKET 24. June 1, 1960: Fedl. ct. declined to issue temporary injunction barring Def. from enforcing Sun. closing law, pending U.S.S.C. decisions in Gallagher, 140.10.
140.17. Masters-Jersey, Inc., et al. v. Paramus. (N.J. Sup. Ct.) 1957: Def.-City passed Sun. closing ordinance. May 9, 1960: N.J. Sup. Ct. upheld validity of ordinance under police power and home-rule legislation, found no denial of equal protection to Pl.-merchants despite surrounding municipalities willingness to permit Sun. sales.
140.18. Pennsylvania v. Cavallero and Levenston. (Phila. Co. Ct. of Quarter Sessions.) Defs.-sales personnel convicted of selling lingerie in violation of 1959 Pa. Sunday closing law. Apr. 20, 1960: Ct. of Quarter Sess. reversed, held Pa. statute unconstitional under fedl. and state constitutions "because it prefers certain Christian religions over all others and contributes to their establishment."
140.19. Two Guys from Harrison-Allentown, Inc. v. McGinley. (U.S.S.C., #699.) Pl.-highway discount house sought injunction against Pa. blue law. Dec. 1959: 3-judge fedl. ct. denied injunction. Apr. 25, 1960: U.S.S.C. noted probable jurisdiction; case to be argued with Crown Kosher, 140.10 and 140.20.
140.20. McGowan v. Maryland. (U.S.S.C., #438.) 7 employees of Two Guys from Harrison convicted for violating Md. Sun. closing law. Apr. 25, 1960: U.S.S.C. noted probable jurisdiction; case to be argued with 140.10 and 140.20.

Comment:

State Sunday laws and the religious guarantees of the federal constitution, 73 Harv. L. Rev. 729-746.

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. (CA 10; DC Colo.) For facts, see IV DOCKET 5, V DOCKET 3, 24. March 14, 1960: 7 Defs. fined $2,000., 3 yrs.; 2 Defs. fined $1,500., 18 mths. Appeal pending in CA 10. May 16, 1960: motion for new trial filed in DC based on newly discovered evidence that Gov't. suppressed exculpatory evidence.

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. For facts, see IV DOCKET 6, 43, 70, V DOCKET 24. Cite: 361 U.S. 516.
204.12. North Little Rock v. Fair. (Cir. Ct., Pulaski Co.)*
204.13. Shelton v. McKinley. (U.S.S.C., #541.) (361 U.S. 947.)*
204.13a. Carr. et al. v. Young. (Ark. Sup. Ct., #5-1978.) (331 S.W. 2d 701.)*
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.)*
204.15. Re Va. State Conf. of Branches, N.A.A.C.P. (Va. State Corp. Comm.)*
204.16. La. ex. rel. LeBlanc, Atty. Genl. v. Lewis, et al. and N.A.A.C.P. (DC La., Baton Rouge Div., #1678.)*

and

204.17. New Orleans Branch, N.A.A.C.P., et al. v. Martin, Secy. of State, et al. (DC La., New Orleans Div., #8554.)*
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., #537.) (361 U.S. 951.)*
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.)*
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

213.4. Wikler, NY Supt. of Insurance, as Liquidator of Intl. Workers Order, Inc. v. City Terrace Cultural Center. (Calif. Dist. Ct. of App.) For facts, see IV DOCKET 44. Appeal heard and submitted.
220. Listing
Compilation of documents:

Natl. Council of Churches, Refuting charges of Communist domination in Air Force manual, March 17, 1960.

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.
222.1. Wheeldin v. Wheeler, et al. (CA 9.) For facts, see IV DOCKET 44. Appeal argued June 6, 1960.

And see Wheeldin, 271.43.

222.6. Tuominen v. Wheeler. (ND Cal., SDiv., #38487.)*
223. By State authorities

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

241.8. Bary, et al. v. U. S. (DC Colo.) (CA 10.) For facts, see IV DOCKET 9, 44, 71, 93, V DOCKET 5. DC denied motion for new trial re alleged anti-Communist bias of juror. May 25, 1960: motion for new trial filed alleging prosecution witness Duran testified falsely and prosecutor knew testimony to be false. Pending.
242. Smith Act: mere membership

242.1. Lightfoot v. U. S. (ND Ill. E.D.)*
- 51 -

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.)*
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.) For facts, see V DOCKET 5. May 12, 1960: CA 2 dismissed appeal from DC order denying motion to dismiss indictment because interlocutory and not appealable; affirmed order denying motion for extension of bail limits as a proper exercise of discretion.
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.) For facts, see V DOCKET 5, 26. June 18, 1960: motion for new trial set.

And see Clark 57.10.

250. Civil Disabilities: Federal
251. Federal employment

251.30. Jackson v. Allen Industries, Inc. (U.S.S.C.)*

Haber v. Greene, erroneously listed as 251.31 in V DOCKET 26, moved to 268.17 at page 53.

252. Deprivation of passport rights, right to travel
Secretary of state has power to restrict travel to areas designated as "trouble spots", 5 N.Y. L. For. 402-408.
252.23. Leff v. Herter. (DC DC.)*
252.30. Jerome v. Herter. (DC DC.) For facts, see IV DOCKET 45, 94, V DOCKET 5, 26. Gov't's. motion for summary judgment pending.
252.31. Porter v. Herter. (U.S.S.C., #488.) For facts, see V DOCKET 6. Cite for cert. denied. 361 U.S. 918.
252.52. U.S. v. Reynolds. (U.S.S.C.) (80 S. Ct. 29.)*
253. Unfavorable Army discharges

253.9. Olenick v. Brucker. (DC DC.) (173 F. Supp. 493.) For facts, see IV DOCKET 10, 72, V DOCKET 26. On remand, DC set aside characterization of discharge as unjustified, did not order honorable discharge. Administrative action by Army pending.

Case note:

69 Yale L. Jour. 474.

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, #1853-59.) For facts, see IV DOCKET 11, V DOCKET 6. May 23, 1960: argument before 3-judge fedl. ct. on motions for summary judgment. Issue: constitutionality of 38 U.S.C. 3504.
255. Deprivation of Social Security rights

255.1. Flemming v. Nestor. (U.S.S.C., #54.) (169 F. Supp. 922.)*

Case note:

13 Vand. L. Rev. 380-383.

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

257.3. In re Application of Borrow for Renewal of Radio Operator's License. (CA DC.) For facts, see IV DOCKET 11, 46, V DOCKET 27. May 23, 1960: heard and submitted to CA DC.
257.4. In re Johnson. (F.C.C.) For facts, see IV DOCKET 11, 72. May 8, 1960: FCC denied license renewal; appeal to be taken.
257.5. In re Cronan. (F.C.C.)*
258. Deportation proceedings (see also 358)

258.6. Niukkanen v. McAlexander. (U.S.S.C., #130.) For facts, see V DOCKET 6. April 18, 1960: U.S.S.C., per curiam, (5-4) affirmed DC denial of petition for relief from deportation order based on Communist Party membership after entry at age of less than one yr., because "We cannot say that" findings of "an able [trial] judge" that Pet., in denying Communist Party membership, 'perjured himself', "were clearly erroneous". Douglas, J., Warren, C.J., Black, Brennan, JJ., dissenting: trial judge did not hear witnesses against Pet., only read record of Imm. Serv. hearing; witnesses against Pet., and Pet's. testimony showed no such "solidity of proof" as required in Rowoldt, 355 U.S. 115, 120; Pet. "is a man neither conspiratorial, dangerous, cunning or knowledgeable . . . A man who has lived here for for every meaningful month of his entire life should not be sent into exile for acts which this record reveals were utterly devoid of any sinister implication".
259. Denaturalization and Naturalization proceedings (see also 358)

259.4. U.S. v. Polities. (U.S.S.C., #631.) (361 U.S. 958.)*
259.5. Chaunt v. U.S. (U.S.S.C., #593) (362 U.S. 901.)*
259.7. United States v. Fiorini. (SD Fla.) Apr. 27, 1960: American-born Def. charged with aiding Castro government in Cuba; denaturalized; ordered to leave U. S. Appeal pending.
260. Civil Disabilities: State, Local and Private
261. State or local governmental employment (see also 343)

261.1. Wilkins v. Carlander, et al. (Super. Ct., King Co., #490844.)*
- 52 -

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. Sup. Ct.) For facts, see IV DOCKET 12, V DOCKET 6. April 22, 1960: Calif. Sup. Ct. (4-3) reversed Dist. Ct. of App., declined to rule on legality of Def's. firing Pl. for refusal to answer City loyalty questions because Pl. had "unjustifiably delayed" appeal, upheld firing. Dissent: delay not unjustifiable and worked no hardship on Def.; City questions had been superceded by State statute. Petition for rehearing denied.
261.12. Wilson v. City of Los Angeles, Civil Service Commrs. (Calif. Sup. Ct.) (39 Cal. 2d 698, 1948.) For facts, see IV DOCKET 72, V DOCKET 6. 1948: Pet. refused to subscribe to Co. loyalty oth; 1958 and 1959, Pet. willing to subscribe to current state oath. May 4, 1960: Calif. Sup. Ct. reversed, held denial of employment by Def. under these circumstances arbitrary and therefore violative of due process; "we are referred to no case in which it is suggested that where a matter is of local concern only, the authorities may administer such matters in an arbitrary and capricious manner".
262. Teaching (see also 267 and 342)
Symposium:

Frank C. J. McGurk, The law, social science and academic freedom — A psychologist's view, 5 Villanova L. Rev. 247.


262.2. Bd. of Trustees, Lasson Union High School v. Owens. (Calif. Dist. Ct. of App., Sacramento.) Def.-junior college teacher wrote five letters to local newspaper critical of public education in area; dismissed. Jan. 27, 1960: after 3-wk. trial, dismissed on grounds of "unprofessional conduct" upheld; appeal pending. March 22, 1960: State Educ. Dept. Credential Commission held Def. not guilty of unprofessional conduct, did not revoke teaching credential.

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

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

263.1. Syrek v. California Unemployment Insurance Appeals Bd., et al. (Calif. Sup. Ct.)*
263.2. Re Albertson. (N.Y. Ct. of App.) For facts, see IV DOCKET 12, V DOCKET 7. May 26, 1960: N.Y. Ct. of App. (4-2) reversed, held Communist Control Act, sec. 2 terminated right of Communist Party to be "employer" within meaning of N.Y. Unemployment Insurance Law, awarded Pet. benefits for period before 1957. Fuld, J. dissenting: N.Y. can not take different position from fedl. govt., which continues to accept unemployment insurance taxes from Party.
263.4. Jackson v. Calif. Unemp. Insurance Bd. (Calif. Unemp. Ins. App. Bd.)*
264. Denial of State licenses

264.1. Torcaso v. Montgomery Co., Md. (Md. Ct. of App.) Pl. refused to affirm religious belief in applying for notary public commission, despite Md. Declaration of Rights, Art. 37, requiring all public office seekers to "declare that I believe in the existence of God"; commission denied. Cir. Ct. affirmed denial, held such restriction "may be rightly imposed by a sovereign state in dealing with its own officials". Apr. 8, 1960: heard and submitted to Md. Ct. of App.

Amicus appearances by Am. Civil Liberties Union, American Jewish Congress.

265. Proceedings against attorney and Bar applicants (see also 345, 373)

265.4. In re Schlesinger. (Pa. Sup. Ct.) For facts, see IV DOCKET 12. May 10, 1960: Comon Pleas Ct. entered order of disbarment. Appeal in Pa. Sup. Ct.: Fall term 1960.
265.5. In re Steinberg. (Allegheny Co. Common Pleas Ct., Pa.)*
265.21. Konigsberg v. State Bar of California and Comm. of Bar Examiners. (U.S.S.C., #661.) (362 U.S. 910.)*
265.23. In re Anastaplo. (U.S.S.C.) (163 N.E. 2nd 429.) For facts, see IV DOCKET 13, 47, 73, 95, V DOCKET 28. May 2, 1960: U.S.S.C. granted certiorari.
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
267. Private employment — teaching (see also 262, 280 and 342)
268. Private employment — defense establishments (see also 344)

268.1a. Graham v. Richmond. (U.S. Coast Guard.) (272 F. 2d 517.) For facts, see IV DOCKET 13, V DOCKET 7. Following CA DC decision, Coast Guard hearing held; decision awaited.
268.1b. Homer v. Richmond. (CA DC.) For facts, see IV DOCKET 13. DC DC granted def's. motion for summary judgment on ground Coast Guard screening of Pls. fair despite lack of hearing, because Pls. had opportunity to deny charges. Appeal pending.
268.7. Kreznar v. Wilson. (DC DC.)*
268.10. Berman, et al. v. Nat'l Maritime Union, et al. (SD NY.) For facts, see IV DOCKET 14, 47. Case settled: Def-Union agreed to register all Pls. in Union hiring hall, to accept them into Union membership, to refer them for employment without discrimination.
268.11. Lundquist v. Marine Engineers Beneficial Assn., Local 97. (Calif. Super. Ct., San Francisco.) For facts, see IV DOCKET 14. After trial, Super. Ct. held for Pl., ordered Def.-Union to reinstate Pl. as member; denied damages.
- 53 -

268.12. Greene v. McElroy. (U.S.S.C.) (360 U.S. 474.) For facts, see IV DOCKET 96.

Case note:

9 Amer. U. L. Rev. 75-80.

268.14. Cafeteria and Rest. Workers Union Local 743 v. McElroy. (CA DC, #14,689.)*

Case note:

28 G. Wash. L. Rev. 653-657.

268.15. Spector v. McElroy, et al. (CA DC, #14,615.) For facts, see IV DOCKET 47, V DOCKET 28. Cite: 269 F. 2d 242.
268.17. Haber v. Gates. (formerly listed at 251.31.) (DC DC.) Suit to nullify suspension of security clearance of Pl.-engineer by Industrial Personnel Security Bd. Pending.

Stanley Faulkner, Esq., 9 E. 40th St., NYC; Forer and Rein, Esqs., 711 14th St. NW, Washington, D.C.

269. Private employment — Other

269.1. Faulk v. AWARE, Inc., et al. (Sup. Ct., N.Y. Co.)*
269.2. Allen v. L.A Co. District Council of Carpenters Union-AFL-CIO. (U.S.S.C.) For facts, see IV DOCKET 14, 73, 96. Cite for cert. denied: 361 U.S. 936.
270. Criminal Penalties for Non-disclosure (see also 330)
271. Congressional Committees (see also 222, 330)
Congressional speech:

Rep. James Roosevelt, The dragon slayers, Cong. Record, 86th Cong., 2d sess., Apr. 25, 1960.

Pamphlet:

First Amendment Defendants, Behind the bars for the First Amendment, March 1960, Box 564, Radio City Station, NYC 19.

Comments:

Congressional investigations, First Amendment freedoms and due process of law, 11 Hast. L. Jour. 322-334.

Congressional Committees — contempt powers, 43 Marq. L. Rev. 365-375.

And see Meisenbach, 51.11.

And see Edises, 501.14.

Law review articles:

Alexander Meiklejohn: The Barenblatt opinion, 27 U. of Chi. L. Rev. 329-340.

Harry Kalven, Jr.: Mr. Alexander Meiklejohn and the Barenblatt opinion, 27 U. of Chi. L. Rev. 315-328.


271.6. Watson v. U.S. (CA DC.) For facts, see IV DOCKET 15, 48. June 15, 1960: CA DC reversed conviction for contempt for UnAmerican Activities Comm. for Comm's. failure to establish nature and scope of inquiry, basis and pertinency of questions. Indictment dismissed.

And see Watson, 342.12.

271.7. Barenblatt v. U. S. (U.S.S.C.) (360 U.S. 109.) For facts, see IV DOCKET 15, 96.

Case note:

6 N.Y. Law Forum 84-88.

271.9. Russell v. U. S. (CA DC., #13529.) For facts, see IV DOCKET 15. June 15, 1960: CA DC affirmed conviction for contempt of UnAmerican Activities Comm. in 1954 for refusal to answer questions re political affiliation on basis of First Amendment.
271.10. Deutch v. U. S. (CA DC.) For facts, see IV DOCKET 15. June 15, 1960: CA DC affirmed conviction for contempt of UnAmerican Activities Comm. in 1954.
271.12. Gojack v. U.S. (CA DC.) For facts, see IV DOCKET 15. June 15, 1960: CA DC affirmed conviction for contempt of UnAmerican Activities Comm. in 1955.
271.13. U. S. v. Metcalf. (SD Ohio.)*
271.15. Shelton v. U. S. (CA DC.) For facts, see IV DOCKET 15. June 15, 1960: CA DC affirmed conviction for contempt of Senate Internal Security Subcomm. in 1956, ruling: "An inquiry into a possible conspiracy for infiltration or subversion of the press embraces the right to command the witness to say whether he is a member of the conspiracy, subject, of course, to the right of the witness to take refuge in the Fifth Amendment".
271.16. U. S. v. Whitman. (CA DC.)*
271.17. Knowles v. U. S. (CA DC.) For facts, see IV DOCKET 16, V DOCKET 8. June 15, 1960: CA DC reversed conviction for contempt of Senate Internal Security Subcomm. in 1955; indictment dismissed for Comm's. failure to prove pertinency of questions.
271.19. Price v. U. S. (CA DC.) For facts, see IV DOCKET 16. June 15, 1960: CA DC affirmed conviction for contempt of Senate Internal Security Subcomm. in 1956.
271.20. Liveright v. U. S. (CA DC.) For facts, see IV DOCKET 16. June 15, 1960: CA DC affirmed conviction for contempt of Senate Internal Security Subcomm. in 1956.
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.)*

And see Seeger, 11.4.

271.27. U. S. v. Hartman. (CA 9.)*
271.28. U. S. v. Grumman. (CA DC.) For facts, see IV DOCKET 16, V DOCKET 28-29. March 16, 1960: Def. convicted on one count of contempt in trial without jury; 4 mth. sentence. Appeal pending.
271.29. U. S. v. Silber. (CA DC.) For facts, see IV DOCKET 16, V DOCKET 29. March 23, 1960: Def. convicted on 2 counts of contempt in trial without jury; 4 mth. sentence. Appeal pending.
- 54 -

271.30. U. S. v. Feuer. (ED La., #26,322.)*
271.31. Wilkinson v. U. S. (U.S.S.C., #703.) (272 F. 2d 783.) For facts, see IV DOCKET 48, V DOCKET 29. March 28, 1960: U.S.S.C. granted certiorari.
271.32. Braden v. U. S. (U.S.S.C., #779.) (272 F. 2d 653.) For facts, see IV DOCKET 48, V DOCKET 29. Apr. 25, 1960: U.S.S.C. granted certiorari.
271.33. U. S. v. Yellin. (CA 7.)*
271.34. U. S. v. Lehrer. (ND Ind.)*
271.35. U. S. v. Malis. (ND Ind.)*
271.36. U. S. v. Samter. (ND Ind.)*
271.37. U. S. v. Turoff. (CA 2.)*
271.40. U. S. v. O'Connor. (ND N.J.)*
271.42. U. S. v. Popper. (DC DC.)*
271.43. U. S. v. Wheeldin. (CA 9.)*
271.44. U. S. v. Alexander. (DC DC.)*
271.45. U. S. v. Hutcheson. (DC DC.) June 1958: Def.-Carpenters Unon pres. refused to answer questions before Sen. Comm. on Improper Activities in Labor-Management Field, without claiming Fifth Amdt. privilege. Def. contends questions solely personal matters, not within scope of Comm. investigation, i.e.: whether he knew Hoffa, (Teamsters Union pres.), alleged conspiracy to prevent indictment of Def. and others in Ind. Apr. 11, 1960: Def. convicted of contempt of Congress in trial without jury; 6 mths. and $500. Appeal pending.

Charles Tuttle, Esq., 15 Broad St., NYC.

And see cases at 222.

272. State committees
And see cases at 223.
272.2. Uphaus v. Wyman, Atty. Gen. of New Hampshire. (N.H. Sup. Ct.) (360 U.S. 72.) For facts, see IV DOCKET 97, V DOCKET 8, 29. March 31, 1960: N.H. Sup. Ct. denied Pet's. application for release from 1 yr. jail term for contempt. Apr. 2, 1960: Super. Ct. denied clemency plea; Gov. Powell rejected clemency appeal.

Case notes:

38 Texas L. Rev. 330-335;

44 Minn. L. Rev. 555-568;

47 Calif. L. Rev. 930-935;

1959 U. of Ill. L. Forum 869-878;

28 G. Wash. L. Rev. 457-461.

272.3. DeGregory v. Wyman, Atty. Genl. of N.H. (Super. Ct.)*
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. (U.S.S.C., #674.)*
280. Civil Penalties for Non-disclosure (see also 340)

280.1. Nostrand et ano. v. Little, et al. (U.S.S.C., #342.) For facts, see IV DOCKET 17, V DOCKET 8. May 2, 1960: U.S.S.C., per curiam, (7-2) vacated Wash. Sup. Ct. reversal of trial ct. decision for Pls.-Profs., remanded to Wash. Sup. Ct. to pass on question whether state loyalty oath law provides for hearing for employee to explain or defend his refusal to take the oath, citing Seattle v. Ross, 344 P. 2d 216 (1959). Douglas, Black, JJ., dissenting: remand is "a useless act"; statute says refusal to take oath "on any grounds" shall be cause for "immediate termination" of employment; therefore hearing could not change decision.
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. Super. Ct.) For facts, see IV DOCKET 18, 49. Trial date: fall 1960.
280.11. Wirin v. Ostly. (Los Angeles Dist. Ct. of App.) For facts, see IV DOCKET 49, 98, V DOCKET 29. Appeal pending before Calif. Dist. Ct. of App.
280.12. Collins v. Huntington Beach Union High School Dist. (Santa Ana Super. Ct., Calif.) 1959: Pl.-teacher subpoenaed by House UnAmerican Activities Comm.; hearings cancelled. Comm. turned over information re Pl. to Def.-Bd. (See Sloat, 222.4, IV DOCKET 92; Tuominen, 222.6, V DOCKET 5.) At Dilworth Act hearings, Pl. declined to answer charge of affiliation with Communist organizations, claiming Act unconstitutional, denial of due process because Def.-Dist. refused permission to inspect Comm. information. June 21, 1960: Super. Ct. upheld Pl's. dismissal.
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., #479, 75, 872.) May 31, 1960: U.S.S.C. granted three petitions for certiorari, on principal case and on motions for new trial based on newly discovered evidence of perjury by Gov't. witness Gardner.

And see West, 291.20.

291.5. Lohman v. U.S. (U.S.S.C.) For facts, see IV DOCKET 18, V DOCKET 30. Cite for cert. denied: 361 U.S. 923.
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. (U.S.S.C., #93, Nos. 73, 74 Misc., Oct. Term 1960.) (170 F. Supp. 200, 274 F. 2d 885.) May 19, 1960: petitions for certiorari filed; pending.

And see Pezzati, 203.3.

Law review article:

John A. Morgan Jr. Supreme Court interpretations vs. Congressional intent: the non-communist affidavit and collective bargaining requirements of the Taft-Hartley Act. 21 U. of Pitt. 507-521.

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292. Government Security Questionnaires
293. Miscellaneous
295. Right of Privacy
Speech:

Dean Erwin N. Griswold, Northwestern U. Law School Centennial, May 13, 1960.

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

300. Searches and Seizures
Comment:

Restrictive developments in the law of military search and seizure, 1960 Duke L. Jour. 275-291.

301. Wiretapping

301.11. U.S. v. Silverman. (CA DC, #15186.)*
301.12. Pugach v. Dollinger. (CA 2.) (275 F. 2d 503.) For facts, see V DOCKET 30. Apr. 14, 1960: CA 2, en banc, (4-1) upheld fedl. DC refusal to bar use of wiretap evidence in NY state trial: "a Fedl. Ct. should not intervene in criminal prosecutions by a state for violation of its criminal laws". Waterman, J., concurring: Fedl. Communications Act makes it crime to divulge wiretap contents; "It is therefore presumptuous to assume that any N.Y. State trial judge will acquiesce to the commission of a crime against the U.S. in his presence in his courtroom by a witness testifying under oath". Clark, J., dissenting: "the attempt to make the statute say less than it does has been conspicuously unsuccessful. So we must accept the interpretation that wiretapping, whether by state officers or by anyone else, is simply forbidden by Fedl. law, subject to severe penalties . . ."

Herbert S. Siegal, Esq., 391 East 149, NYC.

301.13. Re Applications by Dist. Atty. Hogan. (N.Y. Ct. of Genl. Sess.) Mar. 7, 1960: Judge Davidson denied two applications to tap phone wires, will not authorize any taps until conflicting fedl. and state rulings are resolved, illegality and futility of wire taps are manifest.
301.14. New York v. O'Rourke, et al. (Long Island Co. Ct., N.Y.) In trial of Defs. for extortion and coercion, Gov't. sought to introduce evidence obtained from wiretaps. Apr. 19, 1960: Ct. ruled evidence inadmissible, under CA 2 decision in Pugach, 301.12, in which CA "is unanimous and unequivocal in its opinion that the introduction of wiretap evidence would constitute a violation of a Fedl. criminal statute". Apr. 28, 1960: Ct. directed verdict of acquittal.

Case notes:

State wiretap regulation not precluded by existing fedl. laws: People v. Broady, (5 N.Y. 2d 500, 186 N.Y.S. 2d 230, 158 N.E. 2d 817, cert. den. 80 S. Ct. 57 1959.)

26 Brooklyn L. Rev. 139-142;

13 Vand. L. Rev. 547-550;

1959 U. of Ill. L. Rev. 873-878.

302. Other Federal cases

302.9. U. S. v. Abel. (U.S.S.C., #2.) For facts, see IV DOCKET 19, 50. 75. Mar. 28, 1960: U.S.S.C. (5-4) affirmed conviction, Frankfurther, J.: cooperation between Imm. and Nat. Serv. and FBI necessary, no "bad faith" shown by two agencies. Douglas, J., Black, J., dissenting: this is unwarwanted extension of Frank v. Maryland, IV DOCKET 75, 359 U.S. 360, and allows FBI to legally accomplish what it could not legally do itself by wearing the mask of the Imm. Service. Brennan, J.: Warren, C.J., Black and Douglas, JJ., dissenting: "it would appear a strange test . . . that the search is more justifiable the less there was antecedent probable cause to suspect the Def. of crime". Dissenting JJ. would remand for new trial omitting objectionable evidence.
302.11. Wirin v. Hilden, et al. (SD Calif.)*
302.12. Henry v. U.S. (U.S.S.C.) For facts, see V DOCKET 30. Cite: 361 U.S. 98.
302.13. Rios v. U.S. (U.S.S.C., #52.) (359 U.S. 965, 256 F. 2d 173.) For facts, see V DOCKET 30. May 16, 1960: U.S.S.C. granted motion for appointment of counsel nunc pro tunc.

Harvey M. Grossman, Esq., 6535 Wilshire Blvd., Los Angeles.

Case notes:

Probable cause necessary to justify search, seizure and arrest without warrant: Rodgers v. U.S., (267 F. 2nd 79, CA 9 1959), Smith v. U.S., (264 F. 2d 469, CA 8 1959), 62 W. Va. L. Rev. 86-190.

Reasonableness of detention after arrest: Mallory v. U.S., (354 U.S. 449, 1957), 1960 Wisc. L. Rev. 164-171.

Search and seizure incident to arrest — clear showing of probable cause for arrest required to validate search without a warrant: Henry v. U.S., (361 U.S. 98, 1959) 28 G. Wash. L. Rev. 661-666.

Excluding from evidence fingerprintes taken after an unlawful arrest: Bynum v. U.S., (262 F. 2d 465, D.C. Cir., 1958), 69 Yale L. Jour. 432-441.

303. Other State cases

303.5. Franklin, et al. v. Gough, et al. (Los Angeles Super. Ct.) For facts, see IV DOCKET 19. New trial date: June 1960.
303.9. Eaton v. Price, Dayton Police Chief. (U.S.S.C., #30.)*
- 56 -

303.9a. Frank v. Maryland. For facts, see IV DOCKET 75. Cite: 359 U.S. 360.

Case notes:

44 Minn. L. Rev. 513-533;

45 Iowa L. Rev. 419-426;

25 Mo. L. Rev. 79-82;

13 S.W. L. Rev. 532-535;

26 Brook. L. Rev. 117-122.

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.)*
303.17. New York v. Massey. (NYC Sup. Ct.)*
303.19. Jackson v. City of New York. (NYC Comptroller.)*
303.20. Michaels v. Chappel. (CA 9.) For facts, see IV DOCKET 100, V DOCKET 31. June 6, 1960: appeal heard and submitted.
303.22. New York v. Walker. (Mineola 1st Dist. Ct.)*
303.23. New York v. Exum. (N.Y. Ct. of App.) For facts, see V DOCKET 31. N.Y. Ct. of App. affirmed conviction, relied on Defore rule.
303.24. Re Ward and Quince. (Gov. Del Sesto, R.I.) Oct. 17, 1958: Pets. arrested as material witnesses in death of fellow migrant potato picker; held, in lieu of $5,000. bail each, for 156 days as material witnesses. Mar. 21, 1959: R.I. Sup. Ct. ordered Pets. released. Pets. testified voluntarily at trial, in which third migrant convicted of assault. May 17, 1960: Gov. signed bill permitting Pets. to sue state for false imprisonment.
303.25. Connecticut v. Cesero. (Conn. Sup. Ct. of Errors.) (146 Conn. 375.) Jy. 5, 1957: City Ct. judge issued search warrant of club managed by Def. Jy. 27, 1957: police entered, began search for gambling. Def. objected, called police vile name; arrested; charged with abusing officer; convicted. 1959: Conn. Sup. Ct. of Errors reversed because, if search warrant not executed within reasonable time, search would be invalid; new trial ordered.

Philip Reich, Esq., 955 Main St., Bridgeport, Conn.

Comment:

Arrest without a warrant in New England, 40 Bos. Univ. L. Rev. 58-90.

Case note:

State constitutional provision authorizing admission of evidence even if produced by unconstitutional search and seizure not offensive to the U.S. Constitution: People v. Gonzales, (356 Mich. 247, 97 N.W. 2d 16, 1959), 37 U. of Det. L. Rev. 302-304.

310. Indictment
311. Composition of grand jury (see also 510)
Comment:

The Michigan one-man grand jury and the courts: an appraisal, 37 U. of Det. L. Jour. 432-439.

Law review article:

Michael A. Musmanno, The Sacco-Vanzetti jury, 5 Vill. L. Rev. 169-180.

312. Character of evidence
Case note:

Jencks statute — request for production of notes used by police officer witness to refresh his memory prior to testifying denied: McGill v. U.S., (270 F. 2d 329, D.C. Cir., 1959), 35 Notre Dame Lawyer 152-155.


312.9. Carlisle v. Rogers. (formerly listed as U.S. v. Carlisle.) (CA DC, formerly erroneously listed as CA 9.) For facts, see IV DOCKET 20, V DOCKET 31.
312.13. Pittsburgh Plate Glass v. U.S. (U.S.S.C.) for facts, see IV DOCKET 52, 100. Cite: 360 U.S. 343.

Case notes:

13 Vand. L. Rev. 404-409;

48 Cal. L. Rev. 160-163.

312.16. Needelman v. U.S. (U.S.S.C., #278.) For facts, see V DOCKET 10. May 16, 1960: per curiam: writ dismissed as improvidently granted; Frankfurther, Clark and Harlan, JJ., dissenting.
312.17. Zborowski v. U.S. (CA 2.) For facts, see V DOCKET 31-2. Cite: 271 F. 2d 661.
312.18. McKeever and Morrison v. U.S. (CA 2.) For facts, see V DOCKET 32. Cite: 271 F. 2d 669.
312.19. New York v. Carabello and Jesus. (N.Y. Sup. Ct., App. Div., 2d Dept.) Jy. 5, 1959: Def.-Puerto Rican migrant farm workers arrested, charged with stealing one cigaret; convicted; 10-30 yr. sentence; released on $10,000. bail each. June 14, 1960: App. Div. unanimously reversed conviction because based on hearsay proof, even though no exception taken by Def. counsel, ordered a new trial.

Manuel Zapata and F. Louis Garcia, Esqs., 223 2d Ave., NYC.

312.20. New Jersey v. Corbo. (N.J. Sup. Ct.) During trial of Def. for killing foster daughter, son called to testify. Def. objected, on ground 8 yr. old's memory faulty, he had changed story several times. Trial Ct. said, in hearing of jury, boy had been trained by nuns, as he had been, and therefore would not lie. Def. convicted of manslaughter. May 9, 1960: N.J. Sup. Ct. reversed, held Ct's. comment "beyond the province and knowledge of a court".
312.21. Thompson v. City of Louisville, et al. (U.S.S.C., #59.) Sat. evening, Jan. 1959: Def.-Negro, with 54 prior arrests on similar charges, bought dish of macaroni and glass of beer in cafe, shuffied and patted foot to jukebox music. Cafe manager made no complaint; two police arrested Def. for loitering, and, when Def. complained, added disorderly conduct charge. Def. fined $10. on each count. Order stayed pending directly to U.S.S.C., (no Ky. ct. having appellate review in cases involving such sum). March 21, 1960: U.S.S.C. unanimously reversed conviction, per Black, J.: no shred of evidence supporting conviction on either count; conviction without evidence of guilt violates due process.

Louis Lusky, Esq., Hoffman Bldg., Louisville, Ky.

Case note:

New trial after reversal for insufficient evidence: Clements v. U.S., (266 F. 2d 397, 9th Cir., 1959), 62 W. Va. L. Rev. 109-111.

- 57 -

313. Entrapment
Comment:

The basis of the doctrine of entrapment, 8 U. of Kans. L. Rev. 453-461.

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.) For facts, see V DOCKET 10. May 16, 1960: U.S.S.C. (5-4) affirmed convictions for knowingly transporting stolen goods in interstate commerce, Clark, J. held: since original joinder of Defs. permissible under Fedl. Rules of Criminal Procedure (8(b)), and Rule 14 requires severance only when joinder results in prejudice, no error here because no prejudice shown. Douglas, J., with Warren, C.J., Black, Brennan, JJ., dissenting: when conspiracy count dismissed, Ct. had same problem as if Gov't. had tried to join Defs. charged with like crimes totally unrelated to each other. Only link here between separate transactions by different groups of Defs. was that each dealt with a common party.
320. Double Jeopardy
Law review article:

Hugh P. Williamson: The double jeopardy law in Missouri in the light of Green v. U.S., 27 U. of K.C. L. Rev. 33-40.

Comments:

Successive prosecutions by State and Fed'l. Governments for offenses arising out of same act, 44 Minn. L. Rev. 534-546.

Fed'l. and State prosecutions for the same offense, 62 W. Va. L. Rev. 164-170.

Case note:

New trial after reversal for insufficient evidence: Gilmore v. U.S., (264 F. 2d 44, CA 5 1959), 62 W. Va. L. Rev. 109-111.

321. Federal cases

321.8. Petite v. U.S. (U.S.S.C., #45.) For facts, see V DOCKET 32. Cite: 361 U.S. 529.
322. State cases

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

Case note:

13 S.W. L. Rev. 528-532.

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

Cong. Frank Thompson, Jr., Importance of Fifth Amendment privilege, Eastern Conf. of Attys. Genl., May 10, 1960, Princeton, N.J.

331. Congressional Committees

331.7. U.S. v. William Davis. (ED Mo., E. Div.)*
331.10. U.S. v. Presser. (CA DC.) For facts, see V DOCKET 32. Mar. 18, 1960: Defs. sentenced to 2 mths., $100. Appeal pending.

Clifford Allder, Esq., Washington, D.C.

332. State Committees
See De Gregory, 272.3.
333. Grand juries and tribunals

332.2. Brown v. U.S. (U.S.S.C.) (356 U.S. 148.) For facts, see III DOCKET 54-55.

Case note:

Testimonial waiver of privilege against self-incrimination, 48 Cal. L. Rev. 123-133.

333.13. Castellano v. NY Commission of Investigation *
333.14. Brown v. U.S. (U.S.S.C.) For facts, see IV DOCKET 77, 102. Cite: 359 U.S. 41.

Case note:

13 Van. L. Rev. 400-404.

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

335.5. Ohio v. Slagle, et al. (U.S.S.C.)*
335.9. New York v. Riela. (N.Y. Ct. of App.) Def., granted immunity, refused to answer 17 questions before grand jury on ground of self-incrimination. Co. Ct. found Def. guilty on 17 counts; 60 days and $250. on each count. Apr. 21, 1960: N.Y. Ct. of App. reversed: maximum penalty for contempt: $500. and one yr.; refusal to answer series of questions re 1957 Apalachin meeting only one crime.

Case note:

General immunity statute held unconstitutional as applied to prospective defendants before Grand Jury: People v. Steuding, (6 N.Y. 2d 214, 160 N.E. 2d 468, 189 N.Y.S. 2d 166, 1959), 5 Vill. L. Rev. 304-308.

336. Criminal registration laws

336.1. Lambert v. California. (Calif. Sup. Ct.) For facts, see IV DOCKET 77.

and

- 58 -

336.6. Abbott v. City of Los Angeles. (formerly listed as v. Beverly Hills.) (Calif. Sup. Ct.) For facts, see IV DOCKET 77, 102, V DOCKET 33. Cites: 53 A.C. 679, 349 P. 2d 974.
337. Miscellaneous
340. Self-incrimination: Civil Sanctions (see also 280)
341. Army discharges (see also 253)
342. Employment — Public teachers (see also 262, 267)
Comment:

Public employees and the Fifth Amendment, 6 N.Y. Law Forum 77-83.


342.3. Lowenstein v. Newark Bd. of Educ. (N.J. Super Ct., App. Div.)*
432.4. Mass v. San Francisco Bd. of Educ. (Cal. Super. Ct.)*
342.11. Bd. of Educ., School Dist. of Philadelphia v. Intille, Dea-con, Atkinson. (Pa. Sup. Ct., ##331, 332, 352.) For facts, see V DOCKET 33. June 30, 1960: Pa. Sup. Ct. (6-1) reversed, per Jones, C.J., held: discharges, based solely on privileged refusal to testify, amount to denial of due process under Slochower, (350 U.S. 551, II DOCKET 58); discharges, in penalizing use of Fedl. privilege in Fedl. proceeding, were infringement of teachers' 14th Amdt. privileges and immunities (point not reached in Slochower); refusals to testify did not constitute "incompetency" under Pa. School Code. Globe (343-3, 362 U.S. 1) distinguished: Pl. didn't have tenure, not discharged for invoking privilege, Calif. had chosen to secure information via Fedl. body whereas Pa. had not.
342.12. Bd. of Educ., School Dist. of Philadelphia v. Watson. (Pa. Sup. Ct., #350.) For facts, see V DOCKET 33. 1960: Pa. Sup. Ct. (4-3) held Pl's. refusal to testify on First Amendment grounds not "incompetency" under Pa. School Code, even if refusal was unjustified. (But see reversal of Pl's. contempt conviction, 271.6 this issue.) Discharge deprived Pl. of due process, citing Konigsberg, 353 U.S. 252 (II DOCKET 71.)
343. Employment — Other public officers (see also 261)

343.3. Nelson v. Los Angeles County. (U.S.S.C., #152.) For facts, see IV DOCKET 21, 78, 103, V DOCKET 33. Cite: 362 U.S. 1.
344. Employment — Private (see also 268, 269)

344.3. Wilson v. Liberty Films, Inc., et al. (Los Angeles Co. Super Ct., #668887.)*
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: June 14, 1960.
344.8. Watterman v. S. Calif. Gas Co. (Los Angeles Super. Ct.) For facts, see IV DOCKET 22, 103. Heard and submitted.
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)

345.1. Cohen v. Hurley. (U.S.S.C., #921.) (9 A.D. 2d 436, 195 N.Y.S. 2d 990; 10 A.D. 2d 581, 196 N.Y.S. 2d 277; 7 N.Y. 2d 488, 199 N.Y.S. 2d 658, 166 N.E. 2d 672.) Appellantatty. subpoenaed to appear with books and records in 'ambulance-chasing' inquiry directed by trial ct., no charges having been filed nor witnesses presented against him. App. declined to answer certain questions and to produce books and records, asserting privilege against self-incrimination. Trial Ct. held App. entitled to assert privilege, deemed refusal to answer and produce a violation of App's. duty as member of the Bar; ordered App. disbarred. N.Y. Ct. of App. affirmed. June 6, 1960: U.S.S.C. granted petition for certiorari, set for argument after Konigsberg, 265.21.
346. Unemployment insurance and Social Security (see also 263)

346.6. Panzino, et al. v. Pa. Unemployment Compensation Bd. of Review. (Bd. of Review.)*
346.7. Darin v. Pa. Unemployment Compensation Bd. of Review. Pa. Sup. Ct., W. Dist., #104.) (157 A. 2d 407.) (Facts at V DOCKET 34 inaccurate.) Pl. subpoenaed by UnAmerican Activities Comm.; excused from testifying due to illness. Westinghouse discharged Pl. without stating reason, after she was named by other Comm. witnesses. Before Unemployment Comp. Bd. H'g. Officer, Pl. said question whether she was a communist was irrelevant. Pa. Super. Ct. affirmed denial of compensation. Jan. 18, 1960: Pa. Sup. Ct. reversed, held Pl. entitled to benefits.
350. Due Process
351. Delay in arraignment
352. Grand Jury procedures
353. Confessions
Case note:

Admissibility in federal courts of confessions obtained while accused is being illegally detained by state police: U.S. v. Tupper, (168 F. Supp. 907, WD Mo. 1958), 8 U. of Kan. L. Rev. 472-475.


353.3. Reck v. Ragen. (U.S.S.C.) For facts, see IV DOCKET 23, 103. CA 7 affirmed DC denial of writ of habeas corpus. Apr. 11, 1960: Petition for certiorari filed in U.S.S.C.; leave granted to proceed in forma pauperis.
- 59 -

353.7. Blackburn v. Alabama. (U.S.S.C.) For facts, see V DOCKET 34. Cite: 361 U.S. 199.
353.8. California v. Atchley. (U.S.S.C., #961 Misc.) (346 P. 2d 764.) Aug. 3, 1958: illiterate Def. arrested for murder of estranged wife, denied counsel despite repeated requests, held "in state of shock" 48 hours with little or no sleep, gave confession to insurance agent he thought was acting as advisor in semi-confidential capacity but really was acting for police, signed confession he could not read. Convicted after trial, death penalty. May 23, 1960: leave to proceed in forma pauperis and petition for certiorari granted; execution stayed pending USSC decision.

And see Choy, 358.56.

354. Unfair press releases
Speech:

Justice William O. Douglas, Fair trial, limits on press coverage of trials, U. of Colorado Law School, May 10, 1960.

355. Perjured testimony (see also 312)

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

Robert D. Duke and Howard S. Vogel: The Constitution and the standing army: Another problem of court-martial jurisdiction, 13 Vand. L. Rev. 435-460.


356.1. Guagliardo v. McElroy, Secy. of Defense, et al. (U.S.S.C.) For facts, see IV DOCKET 23, V DOCKET 35. Cite: 361 U.S. 281.

Case note:

35 Notre Dame Lawyer 280-286.

356.3. U.S. v. Dial.
356.4. Re Pfc. Savage. (Army Brig. Gen. Walmsley.)*
356.5. Kinsella v. Singleton. (U.S.S.C.) For facts, see IV DOCKET 79, V DOCKET 35. Cite: 361 U.S. 234.
356.6. Grisham v. Hagan. (U.S.S.C.) For facts, see V DOCKET 12, 35. Cite: 361 U.S. 278.
356.7. Wilson v. Bohlender. (U.S.S.C.) For facts, see V DOCKET 12, 35. Cite: 361 U.S. 281.
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.) (238 F. 2d 239, 356 U.S. 258.) For facts, see IV DOCKET 56, 79. Apr. 18, 1960: in declaratory judgment action by Pl. to prevent denaturalization for draft evasion, U.S.S.C. (6-3) per curiam remanded to DC for its decision on whether Govt. collaterally estopped from challenging Def's. citizenship since citizenship status necessarily adjudicated in draft evasion case. Clark, Harlan, Whittaker, JJ., dissenting.
358.15. Williams v. U.S. (U.S.S.C.)*
358.16. U.S. v. Costello. (U.S.S.C.) For facts, see V DOCKET 35. May 16, 1960: U.S.S.C. granted certiorari.
358.51. Heikkila v. U.S. (CA 9.) For facts, see IV DOCKET 24, 79, V DOCKET 12. May 7, 1960: Pet. died, rendering moot question of deportability. DC decision that Imm. Service Dist. Dir. not in contempt of ct. for kidnap-deportation of Pet. still pending.
358.52. Re Daniels. (Imm. Hg. Officer.)*
358.53. Kimm v. Rosenberg. (U.S.S.C.)*
358.54. U.S. v. Sheng and Fu-mei. (CA DC.) For facts, see V DOCKET 35. Apr. 1, 1960: heard and submitted.
358.55. Yee Choo Hin v. Immigration Service, San Francisco. (ND Calif.)*
358.56. Choy v. U.S. (CA 9.) 1938: Pet. entered U.S. from Korea; 1942: worked for U.S. gov't. 1946: Choys worked in Korea for U.S. Military Gov't. 1958: Choys returned to U.S. as "visitors", according to Imm. Service. Apr. 17, 1951: Choy admitted Communist Party membership after 8-hr. grilling by Imm. H'g. Officer; later denied membership. 1957: Imm. Serv. ordered Choy deported. June 7, 1960: CA 9 reversed, found "the undisputed evidence demonstrates that admissions obtained from Choy . . . were the product of the abusive interrogation which was followed by the threat of imminent deportation or prosecution for perjury," held Choy not deportable.

Walker Lowry and Brent Abel, Esqs., Balfour Bldg., San Francisco.

Case note:

Immigration and Nationality Act of 1952 — Interpretation of the phrase "Country whence they came": U.S. ex rel. Tom We Shung v. Murff, (176 F. Supp. 253, S.D. N.Y., 1959), 5 Villanova L. Rev. 296-298.

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

372.8. Anonymous ##6 and 7 v. Judge Baker. (U.S.S.C.) (360 U.S. 287.) For facts, see IV DOCKET 57, 105, V DOCKET 13.

Case note:

6 N.Y. Law Forum 98-101.

372.9. Jenkins v. New Jersey. (N.J. Sup. Ct.) (32 N.J. 117, rev'g. 57 N.J. Super. 93, 154 A. 2d 29.) For facts, see V DOCKET 13. N.J. Sup. Ct. reversed, held waiver of counsel at time of guilty plea presumptively extends to waiver of counsel at sentencing; upon subsequent collateral attack on sentence, Def. must allege and prove right to counsel at sentencing was not intelligently or understandably waived, and lack of counsel then was prejudicial. Remanded for opportunity for such showing.
- 60 -

372.10. Parker v. Ellis. (U.S.S.C., #38.) (276 S.W. 2d 533; cert. den. 350 U.S. 971; 258 F. 2d 937.) 1954: indigent Pet., aged 67, in failing health, charged with forging check; trial ct. refused to appoint counsel; convicted; 7 yrs. March 23, 1955: Tex. Ct. of Crim. App. affirmed. Sept. 21, 1955: Tex. Ct. of Crim. App. denied petition for habeas corpus without hearing. Feb. 27, 1956: U.S.S.C. denied certiorari. May 31, 1956: Pet. filed application for habeas corpus and appointment of lawyer by ct. June 24, 1957: DC denied petition and request for lawyer. Aug. 29, 1958: CA 5 affirmed. Mar. 2, 1959: U.S.S.C. granted certiorari, and atty. appointed. June 6, 1959: Pet. released from penitentiary having completed sentence. May 16, 1960: U.S.S.C. (5-4) per curiam held U.S.S.C. without jurisdiction to hear petition because purpose of habeas corpus is to inquire into legality of detention, and Pet. no longer detained. Warren, C.J., Black, Douglas, Brennan, JJ., dissenting: Pet's. poverty, trial Ct's. refusal to appoint counsel, sham trial, inability of Pet. to handle appeal properly, the law's delays — all deprived Pet. of his freedom and branded him criminal for conduct never intelligently and legally evaluated. The "in custody" requirement of habeas corpus not essential, since cts. have broad authority to grant relief "as law and justice require".

Frank W. Wozencraft, Esq., NYC.

373. Indirect restrictions (see also 265, 345)

373.1. Re Gladstein. (DC Hawaii.)*
373.2. In re Sawyer. *
373.9. In re Complaint of 4th Dist. Comm. of Virginia State Bar v. S. W. Tucker, Atty. (Co. Cir. Ct.)*
374. Opportunity for appellate review
Case note:

Right to counsel at appellate level: People v. Pitts, (6 N.Y. 2d 288, 189 N.Y.S. 2d 650, 1959), 6 N.Y. Law Forum 88-95.


374.1. Eskridge v. Washington State Board of Prison Terms and Paroles. (Wash. Sup. Ct.)*
374.5. Rodriguez v. New York. (U.S.S.C., #465.)

and

374.6. Mounsey v. New York. (U.S.S.C., #467.) (361 U.S. 812.) For facts, see V DOCKET 13. May 1960: Petitions for certiorari dismissed by stipulation of parties.
374.10. Willis v. U.S. (U.S.S.C., #546 Misc.) After Def. convicted of crime in DC DC, Ct. issued certificate of bad faith; CA DC refused to appoint counsel to assist in appeal. Mar. 21, 1960: U.S.S.C. granted leave to proceed in forma pauperis, vacated CA opinion and remanded to CA on suggestion of Solicitor Genl. that present practice of CA DC is to appoint attorneys in all cases on direct appeal where trial judge's certificate of bad faith is attacked.
374.11. Douglas v. Green. (U.S.S.C., #438 Misc.) Def. convicted of crime in Ohio state ct. Ohio Sup. Ct. did not waive payment of docket fees on appeal on Def's. petition as indigent Def. DC Ohio denied Def's. application for writ of habeas corpus from Ohio penitentiary; CA 6 affirmed. June 6, 1960: U.S.S.C., per curiam, granted petition for certiorari and leave to proceed in forma pauperis, reversed because Pet. made out case of deprivation of his constitutional right to equal protection of the laws by Ohio re his appeal; fedl. habeas corpus is appropriate remedy; remanded to DC.
380. Confrontation
381. Criminal cases
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.) For facts, see V DOCKET 13. DC refused to issue writ of habeas corpus, finding presence on jury of Co. Detective's son-in-law unimportant because Co. Detective's testimony merely cumulative; relationship of another juror to victim too remote to be given any weight, tho within prohibited degree of consanguinity under common law. May 12, 1960: appeal filed in CA 3.
400. Excessive Bail; Parole Conditions
401. Amount of bail
402. Conditions imposed
410. Cruel and Unusual Punishment
411. Criminal cases

411.8. Texas v. Davis. (Tex. Bds. of Pardons and App.)*
411.9. U.S. v. Fla. State Prison Guards. (SD Fla.) Dec. 15, 1959: 14 present and former guards at Fla. State Prison indicted for violating fedl. Civil Rights Act by conspiring to inflict physical brutalities on prisoners such as shackling or chaining prisoners to bars of cells for 24 hrs. to a week, sometimes without food or clothing, sometimes spraying prisoners with water under high pressure. Pending.

U.S. Atty. Genl. Rogers, Washington, D.C.

411.10. Newson v. California. (San Rafael Super. Ct.) 1949: 2 persons murdered; Def. tried for murder; found guilty; Calif. Sup. Ct. reversed. Def. tried again for murder; jury disagreed. Def. tried again for murder; jury disagreed. 1950: Def. tried for pre-1949 robbery, convicted; indeterminate sentence. Prosecution basis for opposing parole: Def. guilty of murder. Feb. 9, 1960: Super. Ct. denied Def's. petition to set definite limit on sentence for robbery. Bertram Edises, Robert Treuhaft, Esqs., 1440 Broadway, Oakland, California.
- 61 -

412. Extradition

412.8. In re Williams. (ED Mich., N. Div.)*
413. Civil cases
420. Illegal arrest
490. Miscellaneous Due Process

490.4. Pauling v. McElroy, Secy. of Defense. (CA DC.) For facts, see IV DOCKET 26. Apr. 12, 1960: CA DC affirmed dismissal of complaint, held nuclear weapons tests "plainly authorized by law and . . . not prohibited by the Constitution". Petition for certiorari pending.
490.6. Buxton and Poe v. Ullmen, State's Atty. (U.S.S.C., ##810, 811.) (147 Conn. 48, 156 A. 2d 508.) For facts, see IV DOCKET 26, 80-1, V DOCKET 14, 37. May 23, 1960: U.S.S.C. granted certiorari.
490.12. DeVeau v. Braisted. (U.S.S.C., #17.)*

Miscellaneous due process comment:

Law review article:

John E. Powell, Constitutional safeguards in juvenile courts, 35 Notre Dame Lawyer, 220-224.

Case note:

Attaching of jeopardy as result of self-incriminatory admission received by Juvenile Court prior to waiver of jurisdiction: U.S. v. Dickerson, (271 F. 2d 487, CA DC 1959), 28 G. Wash. L. Rev. 657-661.

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

Law review article:

Charles L. Black, Jr., The lawfulness of the segregation decisions, 69 Yale L. Jour. 421-430.

Comments:

Mob violence, group defamation and civil rights, 54 North-western U. L. Rev. 616-628.

Equal protection and the race problem, 62 W. Va. L. Rev. 171-178.

Symposium:

Law and social science, 5 Villanova L. Rev. 215-254;

Kenneth B. Clark, The desegregation cases: Criticism of the social scientist's role;

William B. Ball, Lawyers and social scientists — guiding the guides;

Will Maslow, How social scientists can shape legal processes.

Law review article:

Alfred Avins, Anti-discrimination legislation as an infringement on freedom of choice, 6 N.Y. Law Forum 13-37.

500. Elections
501. Racial discrimination

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.)*
501.6a. Gomillon, et al. v. Mayor Lightfoot, et al. (Macon Co., Ala.) (U.S.S.C., #668.) (167 F. Supp. 405, 270 F. 2d 594.) For facts, see IV DOCKET 27, 59, V DOCKET 14-15, 38. March 21, 1960: certiorari granted.

Case notes:

46 Va. L. Rev. 132-134;

35 Notre Dame Law. 143-147.

501.6b. U.S. v. Alabama. (Macon Co., Ala.) (U.S.S.C., #398.) For facts, see IV DOCKET 59, 107, V DOCKET 15. May 16, 1960: U.S.S.C., per curiam, vacated DC and CA judgments based on 1957 Civil Rights Act, and remanded to DC with instructions that under Civil Rights Act of 1960, P.L. 86-449, 74 Stat. 86, sec. 601(b), U.S. is specifically authorized to sue boards of registrars and states.
501.8. U.S. v. Raines. (Terrell Co., Ga.) (MD Ga.) For facts, see IV DOCKET 27, 59, 81, V DOCKET 15, 38. June 27, 1960: trial date.
501.9. Camacho v. N.Y.C. Bd. of Elections. (N.Y. Ct. of App.)*
501.11. U.S. v. White Citizen Council. (Bogalusa, La.) (CA 5.)*
501.11a. Hannah, et al. v. Larche and Slawson. (Shreveport, La.) (U.S.S.C., #549, 550.) (177 F. Supp. 816.)*

Case note:

6 Howard L. Jour. 86-90.

501.12. U.S. v. Fayette Co. Democratic Executive Comm., et al. (WD Tenn., W. Div. #3835.) For facts, see V DOCKET 15. Apr. 25, 1960: consent judgment entered in DC to end voting discrimination against Negroes in Democratic primary elections.
501.13. U.S. v. Citizens Council of Arcadia and Gibsland, and Culpepper, Registrar. (WD La.) June 7, 1960: U.S., in first suit under 1960 Civil Rights Act, charged that Sept. 24, 1956, Def.-Citizens Councils at meeting decided to challenge Negro registrations, and Def. Registrar there-after purged 560 Negroes from voting rolls before 1956 election. Pending.
501.14. Edises, et al. v. Cong. Willis, Cong. Walter, Comm. on UnAmerican Activities, U.S. House of Representatives. (U.S. House of Representatives.) May 7, 1960: Pls., attys. for witnesses subpoenaed to appear before subcomm. of UnAmerican Activities Comm. holding hearings in San Francisco, petitioned Defs. to enforce and implement 14th Amendment, Sec. 2; to disqualify Cong. Willis and quash subpoenas he issued. Issue: whether 3rd Cong. Dist. and State of La. denied voting rights and privileges to Negro voters therein so as to require reduction of the basis of representation of La. in Cong. under 14th Amdt., Sec. 2. Pending.

Bertram Edises, Esq., 1440 Broadway, Oakland; Joseph F. Lewis, Esq., 222 S. Murphy Ave., Sunnyvale, Calif.; George Andersen, Esq., 240 Montgomery St., Francis J. McTernan, Esq., 703 Market St., both of San Francisco; Norman Howard, Esq., 1 N. Market St., San Jose.

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502. Political discrimination
510. Juries
511. Federal employees
512. Racial discrimination

512.21. Venable v. West Virginia. (Raleigh Co. Cir. Ct.)*
512.25. Rundquist v. Judge Leibowitz, et al. (N.Y. Sup. Ct., App. Div., 2d Dept.) For facts, see V DOCKET 15, 38. Case became moot because grand jury decided not to consider matters sought to be enjoined; grand jury expired.
513. Economic discrimination
514. Political discrimination
515. Discrimination against women
520. Education
521. Challenge to unequal facilities

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

522.Arks2. 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.)*
522.Ark5. Dove v. Parham. (Dollarway School Dist.) (CA 8.) For facts, see IV DOCKET 82, 108, V DOCKET 16. Feb. 19, 1960: DC held Pl.-Negro pupils could not transfer to allwhite school spring term 1960, ordered Def.-Dist. to file positive plan of racial integration within 30 days. March 14, 1960: CA 8 denied Pls'. motion to expedite hearing on appeal. Hearing date: fall 1960. May 1960: 3 Negro children applied for admission to white school in Sept. 1960; School Bd. has not yet acted on applications.
522.Dela2. Evans, et al. v. Ennis, et al. (CA 3, 13018-13024.) For facts, see IV DOCKET 30, 82, 108, V DOCKET 16, 39. Apr. 22, 1960: appeal argued; decision awaited.
522.Dela9. Dennis, et al. v. Baker, et al. (Dover.) (DC Dela.)*

Report:

Supt. Carl F. Hansen, Addendum: A five year report on desegregation of public school in Dist. of Col., Anti-Defamation League, 1960.

522.Fla2. Gibson, et al. v. Dade Co. Bd. of Public Instruction, et al. (SD Fla., #6978-M.) (272 F. 2d 763.) For facts, see IV DOCKET 30, 60, 82, V DOCKET 39. DC approved Def.-Bd's. letter to all parents detailing children's right to apply to any school in Co. Bd. rejected applications of six Negro students to attend white schools, on ground it would disrupt classroom procedure at this time. Pending.

Case note:

46 Va. L. Rev. 337-340.

522.Fla3. Mannings, et al. v. Bd. of Public Instruction of Hillsborough Co. (Tampa.) (CA 5, #17,939.) For facts, see V DOCKET 16. CA 5 reversed, held Pls. entitled to have suits heard on merits whether or not they had followed procedures required by pupil assignment laws.
522.Fla4. Re Lake Co. School Bond Issue. (Fla. S. Ct.)*
522.Fla5. Tolbert, Augustus, et al. v. Escambia Co. Bd. of Public Education. (Pensacola.) (ND Fla.)*

And see 523.Fla2.

522.Ga3. Calhoun v. Latimer. (Atlanta.) (ND Ga., Atlanta Div., #6298.) For facts, see IV DOCKET 30, 82, V DOCKET 16, 39. May 9, 1960: DC postponed effective date of integration order to May 1961, requiring integration of 12th and 11th grades in Fall 1961, to give Ga. legislature opportunity to change statutes to permit integration rather than closing of schools.
522.La1. Bush, et al. v. Orleans Parish School Bd., et al. (ED La., #3630.) For facts, see IV DOCKET 30, 60, 82, 108, V DOCKET 39. May 16, 1960: Def.-Bd. having failed to propose plan, DC ordered Def.-Bd. to desegregate under stairstep plan beginning with first grade in Fall 1960.
522.La2. Hall, et al. v. St. Helena Parish School Bd., et al. (ED La., Civ. #1068.) For facts, see IV DOCKET 30, V DOCKET 39. Apr. 28, 1960: DC granted Pl's. motion for summary judgment against continued segregation by Def.-Bd.
522.La3. Angel, et al. v. La. State Bd. of Educ., et al. (ED La., Baton Rouge Div., #1658.) For facts, see IV DOCKET 30. Apr. 28, 1960: DC granted Pl's. motion for summary judgment against continued segregation by Def.-State Bd. in 6 trade schools.
522.La4. Davis, Jr., et al. v. Baton Rouge Parish School Bd., et al. (ED La., Baton Rouge Div., #1662.) For facts, see IV DOCKET 30, V DOCKET 39. Apr. 28, 1960: DC granted Pl's. motion for summary judgment against continued segregation by Def.-Bd.
522.La6. Williams, et al. v. Prather, et al. (WD La., #5000.)*
522.La10. Henley, et al. v. La. State Univ. Bd. of Supervisors. (CA 5,# 17421.)*
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522.Md5. Pettit v. Harford Co. Bd. of Educ. (DC Md.) 1959-60: under Moore decision, (522.Md2, III DOCKET 61,) stairstep integration plan covered 1st-8th grades, pupils in higher grades seeking transfer to white schools must pass special tests. Pl.-9th grader refused transfer after taking tests, sued to challenge pupil placement procedure. May 1960: DC heard case, ordered Pl. admitted to white school.
522Mo1. Russell v. Adams, Heffley, et al. (Maplewood-Richmond Hts.) (St. Louis Co. Cir. Ct.) For facts, see V DOCKET 39. Dec. 1959: Ct. denied Def's. motion to quash. June 1960: hearing on merits.
522.NJ1. Howard Savings Institution v. Tr., Amherst College, et al. (Essex Co. Super. Ct.) Pl.-executor sought judicial construction of provision of will bequeathing money to Def.-College for scholarship loan fund "for deserving American born, Protestant, Gentile boys of good moral repute, not given to gambling, smoking, drinking or similar acts". Def. declined legacy under its Charter forbidding religious tests for faculty or students. Apr. 20, 1960: Super. Ct. dismissed claim of distant kin; held words "Protestant" and "Gentile" not of paramount importance to carry out intent of dec'd. to loan to students of good moral repute: "Surely, sound construction should not rest only on membership in a particular religion for the indubitable reason all sects hold peculiar claim to morality". Ct. directed Pl., under cy pres doctrine, to turn funds over to Def. to administer without reference to "Protestant" and "Gentile" provisions.
522.NC2. Covington, et al. v. Edwards, Supt. of Schools, et al. (Montgomery Co.)*
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.)*
522.NC7. Holt, Jr. v. Bd. of Educ. (Raleigh.)*
522.NC10. McCoy, et al. v. Greensboro City Bd. of Educ., N.C. Advisory Comm. on Educ., N.C. State Bd. of Educ., et al. (MD N.C., #C-25-9-59.)*
522.NC11. Morrow, et al. v. Mecklenburg Co. Bd. of Educ., et al. (WD N.C., #1415.)*
522.NC12. Griffith, et al. v. Robinson, et al. (Yancey Co.) (WD N.C., #1881.) For facts, see V DOCKET 39. Hearing on merits: Jy. 11, 1960:
522.NC13. Becton, et al. v. Greene Co. Bd. of Educ., et al. (DC N.C.) Apr. 1960: suit filed by 5 Negro students for injunction against Def.-Bd. operating segregated schools and denying Pls. admission to all-white schools after they exhausted all administrative remedies. Pending.
522.NC14. 68 Pls. v. Durham City Bd. of Educ. (MD N.C.) 1959: 225 Negro students applied for transfers to white schools. Def.-Bd. accepted 8 requests for transfers. Apr. 1960: suit by parents of 161 Negro students not permitted to transfer, alleging: Pls. have exhausted administrative remedies under N.C. pupil placement laws, Def.-Bd. acted arbitrarily in holding meeting after term began to consider some assignment requests and denying without further consideration all requests by students whose parents not represented in person at Bd. meeting. Pending.
522.NC15. Vickers v. Chapel Hill Bd. of Educ. (MD N.C.) Pl.-Negro student sued to restrain Def.-Bd. from making assignments solely on basis of race, to require reassignment of Pl. to white school nearer his home. Pending.
522.SC1. Briggs v. Elliott. (Clarendon Co.) (ED S.C., #2657.)*
522.SC2. Brunson v. Bd. of Tr., Clarendon Co. School Dist. No. 1. (Clarendon Co.) (ED S.C.) April 1960: suit filed seeking desegregation of Summerton schools in Co. Def's motions to dismiss or find suit not a class action pending.
522.Tenn1. Kelly, et al. v. Bd. of Educ. (Nashville.) (U.S.S.C.) (270 F. 2d 209.) For facts, see IV DOCKET 32, V DOCKET 40.

Case notes:

40 Boston U. L. Rev. 150.

522.Tenn6. Goss v. Bd. of Education. (Knoxville.) (ED Tenn., #3984.) For facts, see V DOCKET 40. Apr. 8, 1960: Def.-Bd. submitted stairstep desegregation plan beginning with first grade in fall 1960. Apr. 18, 1960: Pls. submitted objections to plans as perpetuating racial segregation, asked early hearing.
522.Tenn7. Northcross, et al. v. City of Memphis Bd. of Educ. (WD Tenn.) March 30, 1960: suit filed by parents of 18 Negro pupils for total, immediate desegregation of all city schools. Def. alleges Pls. have not availed themselves of appeal procedure under Tenn. pupil placement law, not yet tested in cts. Def's. motion to dismiss pending.
522.Tenn8. Mapp, et al. v. City of Chattanooga Bd. of Educ. (ED Tenn.) Apr. 1960: suit filed by parents of 4 Negro pupils asking desegregation of students, teachers and principals in city schools. May 5, 1960: DC sustained Def.-Bd's. motion to strike all issues re personnel assignment. Pending.
522.Tex5. Borders, et al. v. Rippy, et al. (Dallas.) (CA 5, #18046.) For facts, see IV DOCKET 109. Mar. 11, 1960: CA 5 ordered (2-1) Def.-Bd. to submit public school desegregation plan by May 1, 1960. Def.-Bd. proposed stairstep integration plan starting in first grade in Sept. 1961. June 4, 1960: DC suggested Bd. prepare new plan, not as broad as proposal.
522.Tex7. Ross v. Rogers, Pres., Houston Independent School Dist. (DC Tex., Houston, #10,444.) For facts, see IV DOCKET 32. June 4, 1960: Def.-Bd. called referendum election on whether dist. should desegregate schools. June 10, 1960: Pls. filed objections to Def.-Bd's. proposal to integrate one elementary school, one junior high, one senior high school leaving 174 other public schools segregated. Under plan, students attending integrated schools must take special academic and medical examinations. Pending.

W. J. Durham, Esq., Dallas; Weldon H. Berry, Esq., Houston; Thurgood Marshall, Esq., N.A.A.C.P. Legal Defense and Educ. Fund, Inc., 10 Columbus Circle, NYC.

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522.Tex9. Pls. v. Bd. of Educ. (Abilene.) (Texas Sup. Ct.)*
522.Tex10. Flax, et al. v. Potts, et al. (Fort Worth.) (ND Tex., Fort Worth Div., #4205.)*
522.Tex11. Simmons v. Edwards. (Friendship School Dist.) (DC Tex., Lubbock.) For facts, see V DOCKET 40. Voters approved integration; case moot.
522.Tex13. Robinson v. Evans. (Galveston.) (SD Tex., #2643.)*
522.Va1. County School Bd. v. Allen, et al. (Prince Edward Co.)*
522.Va2. Crisp, et al. v. School Bd. (formerly Corbin v.) (Pulaski Co.) (WD Va., Roanoke, #341.) For facts, see IV DOCKET 33. Apr. 21, 1960: DC ordered 14 Negro pupils admitted to white high school in Sept. 1960.
522.Va3. Atkins, et al. v. School Bd., et al. (Newport News.) (ED Va., Newport News Div., #489.)*
522.Va3a. Adkinson v. School Bd. (Newport News.) (ED Va., Newport News Div., #642.) For facts, see DOCKET 40. Apr. 15, 1960: Def.-Bd. submitted plan for desegregation requiring applicants for transfer to be tested, assignments on basis of mental and moral health, intelligence, suitability of existing curricula, pupil's adaptability to emotional and social adjustment to be made. Pending.
522.Va4. Beckett, et al. v. School Bd. (Norfolk.) (CA 4.) For facts, see IV DOCKET 33, 62, 83, V DOCKET 17, 40. Apr. 22, 1960: CA 4 heard appeal by Def.-Bd. from DC decision finding Va. pupil placement law unconstitutional and appeal by 18 Negro-Pls. whose denial of admission to all-white schools upheld by DC. Decision awaited.
522.Va5. Allen, et al. v. School Bd. (Charlottesville. (WD Va., #51.)*
522.Va6. Hamm, et al. v. School Bd. (Arlington.) (ED Va., #1341.)*
522.Va14. Warden, et al. v. School Bd. (Richmond.) (ED Va., Richmond.)*
522.Va14. Warden, et al. v. School Bd. (Richmond.) (ED Va., see V DOCKET 41. Apr. 20, 1960: CA 4 affirmed DC order admitting 9 Negro children to all-white schools, denying admittance to 5 Negro children, held lack of academic ability and residences closer to Negro school than to white school valid criteria: "The record in this case is insufficient in demonstrating that the criteria were not so applied . . . If the criteria should be applied only to Negroes seeking transfer and enrollment in particular schools and not to white children, then the use of the criteria could not be sustained. Or, if the criteria are, in the future, applied only to applications for transfer and not to applications for initial enrollment . . . then such action would also be subject to attack on constitutional grounds. For by reason of the existing segregation pattern it will be Negro children, primarily, who seek transfers".
522.Va17. Walker v. School Bd. (Floyd Co.) (DC Va., Roanoke.)*
522.Va18. Brooks v. School Bd. (Galax.) (DC Va., Roanoke.)*
522.Va19. Blair v. School Bd. (Grayson Co.) (DC Va., Roanoke.)*
523. Suits to prevent integration

523.Fla2. Deland School Bd. v. Volusia Co. Petition Signers. (Volusia Co. Cir. Ct.) Suit by Pl.-School Bd. against 32 Negro and 2 white persons who signed petition asking Pl.-Bd. for Co.-wide desegregation of pupils and teachers. Pls. allege Defs. live in school district where no Negroes have applied to enter white schools, and no teachers in district have made any complaints. Pls. seek declaratory decree. Pending.
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.)*
524. Miscellaneous

524.4. Allred, et ano. v. Heaton, et al. (Bryan Dist. Ct., Tex.)
530. Housing
Law review articles:

Charles Abrams, Discrimination and struggle for shelter, 6 N.Y. Law Forum 3-12.

Victor S. Navasky, The benevolent housing quota, 6 Howard L. Jour. 30-68.

531. Publicly-assisted — Urban Renewal (Title I)
Law review article:

Arnold Forster and Sol Rabkin, The constitutionality of laws against discrimination in publicly assisted housing, 6 N.Y. Law Forum 38.


531.1. Cohen v. Public Housing Administration. (CA 5.) (257 F. 2d 73.) For facts, see IV DOCKET 34, 62.

Case note:

6 N.Y. Law Forum 96-98.

532. Publicly-assisted — FHA and VA

532.18. O'Meara v. Jones. (Wash. Sup. Ct.)*
532.21. Levitt and Green Fields v. N.J. State Division Against Discrimination. (U.S.S.C., #865.) (56 N.J. Super. 542, 153 A. 2d 700; 31 N.J. 514, 158 A. 2d 177.) For facts, see IV DOCKET 109, V DOCKET 41. June 13, 1960: U.S.S.C. (per curiam) granted motions to dismiss; appeal dismissed for want of a substantial fedl. question. Black, J., would note probable jurisdiction.
532.22. Smith v. Fromm and Morristown Gardens, Inc. (formerly listed as Re Morristown Gardens, Inc.) (N.J. State Division Against Discrimination, #H 14-10R.) For facts, see V DOCKET 41.
532.23. Person, et al. v. Frumenti, et al. (Contra Costa Co. Super. Ct., #R 7073.)*
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532.24. Hudson, et ano. v. Branden Enterprises, Tropicana Village, et al. (Santa Clara Co. Super. Ct.) Mar. 22, 1960: Pl.-Negro couple sought injunction against Def.-developers selling any houses in 10,000-house tract until Pl's. allowed to buy one, and $15,000. damages each. Pending.
533. Private

533.6. Creve Coeur v. Venable, et al. (St. Louis Ct. of App.)*
533.17. Martin v. NYC Commission on Intergroup Relations. (NY Co. Sup. Ct.) For facts, see IV DOCKET 84, V DOCKET 18, #532.17, 41. Apr. 1, 1960: NY Sup. Ct. upheld constitionality of NYC Local Law 80 — Fair Housing Practices Law, citing constitutionality of FEPC Law: "the individual must yield to what legislative authority deems is for the common good . . . It is now believed that many of our problems arising from the diverse nature of our population will be brought nearer solution by integration".
533.18. Burks, et al. v. Poppy Construction Co., et al. (San Francisco Super. Ct., #496068.)*
533.19. Gerrish v. Shattuck, et al. (San Diego Super. Ct.)*
533.20. Progress Development Co. v. Village of Deerfield. (N.D. Ill.) For facts, see V DOCKET 41. Mar. 4, 1960: DC held Pl. failed to prove conspiracy among Village officials to oust Pl's. development, or any violation of civil rights. DC also held Pl's. controlled-occupancy plan discriminatory and illegal because providing for 80-white to 20-Negro buyers, therefore Pl. does not have "clean hands" necessary for injunctive relief.
533.21. Marshall v. Middlesex Homes, Inc. and Campanelli Builders, Inc. (Massachusetts Comm. Against Discrimination.) Pl.-Negro filed complaint with Comm. charging refusal by Def.-sales agent and builder of 200-home suburban development to sell solely on basis of race. Apr.-May 1960: Comm. held public hearings; pending.
533.22. Divine v. Koch. (Sacramento Super. Ct.) Pl.-Negro seeking injunction and damages from Def.-apartment house owner on charges of racial discrimination. Issues: application of Calif. Public Accommodations Law, Civil Code, sec. 51, to real estate brokers and salesmen under Calif. Atty. Genl's. opinion #59/294. Pending.

Nathaniel S. Colley, Esq., 621 P St., Sacramento, Calif.

540. Transportation
541. Interstate

541.2. Baldwin v. Morgan. (DC Ala., Birmingham.)*
541.3. Watson v. Eastern Lines. (ND Ga., Atlanta, #6506.)*
541.5. Bullock v. Tamiami Trail Tours Bus Line. (CA 5.) For facts, see IV DOCKET 110. Cite: 266 F. 2d 326.

Case note:

20 La. L. Rev. 437-442.

541.6. Boman v. Morgan. (ND Ala., #9255.)*
541.8. Boynton v. Virginia. (U.S.S.C., #409.)*
541.9. City of Nashville v. Defendants. (Nashville Muni. Ct.) March 3, 1960: 40 adult Negroes arrested in Greyhound bus station when they refused to leave while firemen searched for a non-existent bomb.
541.Va3. Williams v. Howard Johnson's Restaurant. (CA 4.) (268 F. 2d 845.) For facts, see IV DOCKET 36. CA 4 held Def.-privately operated restaurant may refuse to serve Negro customer moving in interstate commerce (on interstate highway.)

Case notes:

5 Villanova L. Rev. 301-304;

46 Va. L. Rev. 123-131;

40 Boston U. L. Rev. 151.

542. Intrastate

542.4. Evers, et al. v. Dwyer, Comm'r. of Public Service of City of Memphis, et al. (WD Tenn., Civ. #2903.)*
550. Miscellaneous Facilities
551. Recreational

551.Ala2. Gilmore, et al. v. City of Montgomery, et al. (CA 5.)*
551.Cal3. Peoples, et ano. v. Club Primadonna et al. (Super. Ct. San Francisco.) For facts, see IV DOCKET 35, 63. After trial, Super. Ct. held for Pls., found Def.-Nevada corporations aided and incited discrimination at San Francisco Airport by employee of Def.-Corp.; Pls. awarded statutory penalty and punitive damages.
551.Cal5. Santa Clara Voiture 365 v. American Legion 40 & 8 Society. (San Jose Super. Ct.)*
551.Cal6. People of California v. Harris. (Los Angeles Super. Ct., App. Dept., #CR-A-4321.) 11 Negro-Defs. charged with violating gambling laws, stipulated to gambling, offered to prove deliberate and intentional discrimination in enforcement of gambling laws on basis of race and color. Trial Ct. rejected offer of proof; convicted; $26.25 fines. June 10, 1960: App. Dept. reversed, ruled Defs. on new trial should be permitted to prove discrimination.

Don H. Terry, Esq., Pasadena.

Amicus appearance by Am. Civil Liberties Union of S. Calif. by A. L. Wirin and Fred Okrand, Esqs., 257 S. Spring St., and Rhoda Gordon, Esq., all of Los Angeles.

551.Cal7. Moore v. Thomasson, Police Chief, and Greenfield City Officials. (Salinas Super Ct.) Campos Band asked permission to play in Greenfield Memorial Hall; Defs. denied permission because of Pl.-Negro pianist, whose presence might cause racial disturbance and might cause Negroes to attend dance, which might cause trouble. May 19, 1960: Pl. filed suit for $5,000. compensatory damages for restricting his ability to earn livelihood, $100,000. exemplary damages. Pending.

Nathaniel S. Colley, Esq., 621 P St., Sacramento, Calif.

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551.Colo2. Colorado v. Kofi. (Denver Police Hqtrs.) May 4, 1960: Def.-sports editor, Ghana Times, arrested while taking motion pictures of Denver railroad station as guest of U.S. State Dept. Police charged Def. with taking pictures on private property, released Def. with warning to keep out of police affairs.
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.)*
551.Ga2. Seniors v. Officials, Atlanta Misdemeanor Ct. (ND Ga.) Mar. 1960: Pl.-Negro student arrested in sit-in demonstration. (See 552.Ga1) Apr. 25, 1960: Pl. sued to enjoin Defs. from segregating according to race in Ct's. spectator section, lock-up sections, rest rooms. Pending.

Clarence Seniors, pro se, Atlanta, Ga.

551.Mich2. Pyle v. Michigan. (Mich. Sup. Ct.)*

Case note:

Wills — Cy pres doctrine not applicable to validate request to city for playfield for white children: LaFond v. City of Detroit, (357 Mich. 362, 98 N.W. 2d 530, 1959), 37 U. of Det. L. Rev. 418-421.

551.Miss1. Mississippi v. Dr. Mason, et al. (Biloxi City Ct.) Apr. 24, 1960: 100 Negroes went to Gulf Coast beach, attempted to go swimming, attacked by 100 whites; 1 white, 22 Negroes arrested; 6 whites and Negroes shot later in evening. Apr. 25, 1960: Justice of Peace convicted 3 Negroes. City Ct. convicted one white of disorderly conduct, carrying concealed weapons, $275. fine; convicted 19 Negro-Defs. who went to beach for being drunk and disorderly, $5. fine, to carrying deadly weapon, $100. fine.

And see 551.Miss2.

551.Miss2. U.S. v. City of Biloxi, Harrison Co., Co. Bd. of Supervisors, Co. Sheriff, City Mayor, Police Chief. (SD Miss.) 1951-1953: U.S. contracted to spend $1,133,000. to repair seawall and reconstruct Biloxi beach, Defs. to maintain same for public use. May 17, 1960: U.S. filed suit to enjoin Defs. from preventing or seeking to prevent Negroes, by reason of race, from using beach (see 551.Miss1.), and from thus violating contract with U.S. Pending.
551.NY5. Carter v. Canton Valley Restaurant. (Jamaica Muni. Ct., Queens.)*
551.NY6. Sachs v. Trowbridge, d/b/a Trowbridge Farm. (NY State Comm. Against Discrimination.) Pl. filed complaint against Def.-resort for statement in adv.: "serving Christian clientele since 1911". Conciliation failing, Apr. 29, 1960: public hearing by NY S.C.A.D.; cease and desist order issued against use of quoted phrase, held contrary to NY Anti-Discrimination Law.
551.NC1. Wolfe v. North Carolina. (U.S.S.C., #7.)*
551.NC3. Tonkins v. City of Greensboro. (CA 4, #8025.) For facts, see IV DOCKET 64, 110. Mar. 14, 1960: CA 4 affirmed DC finding that Pls. had failed to prove sale of swimming pool by city to private owners was not bona fide, or city has any agreement with new owners re future ownership, use or operation of pool. CA 4 held sale does not constitute state action or conduct that fedl. ct. may prohibit, but Pls. would be entitled to injunction if it should appear at any time that city openly or secretly assists in operation of this racially-restricted pool.
551.Pa3. Pennsylvania v. Gibney, d/b/a Lenape Park. (Chester Co. Ct. of Common Pleas, #1395.) Jy. 31, 1959: Com. Pleas Ct., on basis of Master's report, denied Def's. application for permission to incorporate as non-profit membership corp. on finding that real purpose of proposed corp. was to exclude Negroes from use of pool, held this not a lawful purpose, injurious to community. Dec. 9, 1959: Com. Pleas Ct. granted Atty. Gen'l's. petition for permanent injunction against Def. excluding any persons from his pool on basis of race, creed or color, holding State had right to sue in any ct. to protect general public welfare, action of Atty. Genl. proper under Pa. public policy against discrimination in places of public accommodation.
551.SC1. Cummings, et al. v. City of Charleston. (ED S.C., Charleston Div., #7048.)*
551.SC2. City of Greenville v. Defendants. (Greenville Muni. Ct.) March, 1960: 7 Negro students arrested on charges of disorderly conduct for entering a white public library.
551.Tenn2. Tennessee v. Owens and Frierson. (Memphis Muni. Ct.)*
551.Tenn2. City of Memphis v. Palmer, Stikes, et al. (Memphis Muni. Ct.) Mar. 21, 1960: 36 Negro college students and Negro editor arrested for taking seats in reading room of public library. Mar. 22: convicted of disorderly conduct, fined $25. each. Mar. 25, 1960: 2 of Defs. fired from jobs at St. Joseph Hospital for failing to report for work or call in while in jail awaiting trial. Apr. 4, 1960: 4 Negro students arrested for refusing to leave white section of public library.
551.Tenn3. City of Memphis v. Defendants. (Memphis Muni. Ct.) Mar. 22, 1960: 13 Negro-Defs. arrested for entering Brooks Memorial Art Gallery, open exclusively for whites every day but Thurs., when whites are excluded.
551.Tex1. Ware and Williams v. Statler Hilton Hotel. (ND Tex., #8214.)*
551.Va4. City of Petersburg v. Defendants. (Petersburg Muni. Ct.) March 15, 1960: 11 Negroes arrested while trying to use section of library reserved for whites, found guilty under city ordinance passed Mar. 1960 prohibiting trespassing on city-owned property: 3 fined and sentenced, 8 fined only.
551.Va5. Plaintiffs v. City of Danville. (WD Va.) May 6, 1960: DC granted Negro-Pls. petition for temporary injunction ordering City to extend full privileges to Negroes in main municipal library, effective May 21, 1960. May 20, 1960: City Council closed library. June 14, 1960: referendum on whether library should be kept closed, opened on desegregated basis, operated solely through bookmobiles, turned over to private foundation.
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552. Dining

552.Ala1. City of Montgomery v. Underwood, et al. (Montgomery Muni. Ct.) March 11, 1960: 35 Negro students at Alabama State College fined $100. apiece by Judge Loe for disorderly conduct and failure to obey an officer after participating in lunch counter sit-in at Co. courthouse and other anti-segregation demonstrations. Negro faculty member fined $10. on same charge; her Dr.-husband fined $1. for refusing to leave jail after attempting to see wife. Students appeals pending.

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

552.Ala2. City of Montgomery v. Nesmith, et al. (Montgomery Muni. Ct.) May 10, 1960: Def.-white professor from Illinois fined $100. and costs for disorderly conduct; his wife and ten students acquitted by Judge Loe after eating lunch with 7 Negroes in a private diningroom in a Negro cafe.
552.Ala3. City of Montgomery v. Defendants. (Montgomery Muni. Ct.) Apr. 27, 1960: Disorderly conduct charges because of integrated social visits dismissed against two whites and three Negroes by Judge Loe on city prosecutor's recommendation. Prosecutor recommended charges against two-Air Force officers be turned over to military authorities.
552.Ala4. City of Montgomery v. King, et al. (Montgomery Muni. Ct.) June 1960: White theology student from Boston University and Negro fined $143. for eating with six Negro and 12 white companions. June 8, 1960: same Defs. asked to be served lunch at segregated hotel; convicted of trespassing and refusal to obey officer after ignoring request to leave; fined $200. apiece. Appeal pending.
522.Ala5. City of Birmingham v. Rev. Shuttlesworth, et al. (Birmingham Muni. Ct.) April 25, 1960: Two Negro ministers and 10 students fined $100 and 180 days in jail from sit-in charges. Appeal pending.
552.Ala6. City of Charleston v. Defendants. (Charleston Muni. Ct.) May 1960: City Recorder Rentiers found 24 Negroes guilty of trespassing and refusing to obey an officer after sitting in a variety store seven hours; $50. fine or 15 days for each.
552.Ala7. City of Florence v. Defendants. (Florence Muni. Ct.) April 20, 1960: City Recorder McDonald sentenced 34 Negro lunch counter demonstrators to $30 or 30 days.
552.Ark1. City of Little Rock v. Defendants. (Little Rock Muni. Ct.) Mar. 17, 1960: five Negro students (Philander Smith College) charged with disturbing the peace for sit-in at Woolworth's; 30 days and $250. fine for each.
552.Fla1. City of Tallahassee v. Larkin, et al. (Tallahassee Muni. Ct.) Feb. 29, 1960: 29 Negro and 6 white college students arrested in lunch counter sit-ins. March 18, 1960: 11 Negro students convicted of disturbing the peace by Judge Rudd; eight chose 60-day jail sentence in lieu of $300 fine.
552.Fla2. City of Tallahassee v. Broxton. (Tallahassee Muni. Ct.) Feb. 20, 1960: arrested after sit-in, 11 students chose 60 days rather than $300 fine. R. Haley, teacher, fired for assisting sit-in movement.
552.Fla3. City of Tallahassee v. Defendents. (Tallahassee Muni. Ct.) May 6, 1960: 12 Negroes charged with unlawful assembly because of sit-in at Woolworth's. Pending.
552.Ga1. City of Atlanta v. Defendants. (Fulton Co. Ct.) April 15, 1960: 83 Negroes, mainly college students, indicted by grand jury on charges of trespassing, breaching the peace and unlawful assembly because of sit-in demonstration.
552.Ga2. City of Atlanta v. Jennings, et al. (Atlanta Muni. Ct.) March 1960: two white boys arrested during Negro lunch-room bus station demonstration; 30 day sentence; Judge Webb cancelled prison-farm sentence because neither had any previous police record.
552.Ga3. City of Savannah v. Defendants. (Savannah Recorder's Ct.) March 18, 1960: Two Negroes and a white youth convicted by Judge Oliver of disorderly conduct after anti-segregation demonstration broken up by tear gas and trooper's clubs.
552.Ga4. State of Georgia v. Defendants. (Savannah Muni. Ct.) May 5, 1960: Judge Alexander sentenced 32 Negroes to $100. or five months in jail each under new state anti-trespass law. Appeal pending.
552.Ga5. City of Savannah v. Lovgren. (Savannah Recorder's Ct.) April 1, 1960: Judge Land tried three Northern white soldiers stationed in Georgia; convicted under new Ga. trespass law for attempting to get service in Negro grill; 30 days or $100. fine apiece.
552.La1. City of Baton Rouge v. Robinson, et al. (Baton Rouge Muni. Ct.) April 4, 1960: 18 Negro students arrested for disturbing the peace through a sit-in at Kress' department store; released on $1,500. bond apiece; suspended or expelled from school.
552.NC1. City of New Bern v. Defendants. (New Bern Muni. Ct.) March 17, 1960: 26 Negro students arrested during lunch counter demonstration.
552.NC2. City of Winston-Salem v. Defendants. (Winston-Salem Muni. Ct.) March 2, 1960: 12 white and 12 Negro students convicted of trespassing in connection with protest against discrimination at a Woolworth store.
552.NC3. City of Durham v. Defendants. (Durham Muni. Ct.) May 6, 1960: seven white and 40 Negro students arrested on charges of trespassing when they refused to leave their lunch counter seats at Kress Co. store during the noon hour.
522.NC4. City of Monroe v. Williams. (Monroe Muni. Ct.) March 11, 1960: Pres. of the Co. NAACP arrested on trespass charges because sat-in at "white only" lunch counter.
552.NC5. City of Charlotte v. Defendants. (Charlotte Muni. Ct.) Feb. 9, 1960: 3 students arrested in sit-in, charged with assault (pushing) and failure to heed warning of a fire violation (standing in an aisle).
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552.NC6. City of Raleigh v. Forbes. (Wake Co. Superior Ct., N.C.) April 22, 1960: convictions of 43 students arrested Feb. 12, 13 for trespassing on sidewalk of privately-owned shopping center reversed, citing Marsh v. Alabama, 326 U.S. 501.

Samuel Mitchell, Esq., Raleigh, N.C.

552.NC7. City of Durham v. Edwards, et al. (Durham Recorder's Ct.) March 28, 1960: Judge Wilson quashed trespass charges of going on property against owner's wishes against two Negro students who insisted on eating at sandwich shop because evidence showed they had been served before they refused to leave.
552.SC1. City of Sumter v. Defendants. (Sumter Muni. Ct.) March 4, 1960: 26 Negro students jailed for breach of the peace when they failed to leave dime and drug store lunch counter at management's request. Pending.
552.SC2. City of Orangeburg v. Defendants. (Orangeburg Muni. Ct.) March- April 1960: Nearly 400 Negro college students arrested while parading: 15 sentenced to $50. or 30 days; 50 more convicted of disorderly conduct or breach of peace.
552.SC3. City of Columbia v. Defendants. (Columbia Recorder's Ct.) March 18, 1960: Judge Rice found 15 Negroes guilty of stick-swinging at a drive-in restaurant; 9 Defs. fined $100. or 30 days; 6 fined $50.50.
552.SC4. City of Rock Hill v. Defendants. (Rock Hill Muni. Ct.) March 1960: 65 Negroes arrested on breach of peace, 5 on trespass charges.
552.SC5. City of Denmark v. Defendants. (Denmark Muni. Ct.) Feb. 29, 1960: 12 students arrested after sit-in but released to authorities of college.
552.SC6. City of Florence v. Defendants. (Florence Muni. Ct.) March 15, 1960: 48 Negro high school students arrested when they returned to segregated lunch counter after being ousted by police.
552.Tenn2. City of Nashville v. Guy, et al. (Nashville Muni. Ct.) Feb. 29, 1960: two Negro and a white student (Fisk Univ.) fined a total of $160. by Judge Harris on disorderly conduct charges for their part in sit-in protest against segregated lunch counters; refused to pay fine.
552.Tenn3. City of Nashville v. Anderson, et al. (Nashville Muni. Ct.) March 2, 1960: 75 college students, mostly Negroes (Fisk Univ.), awaiting trial on disorderly conduct charges, had their $50 bonds revoked to voluntarily serve jail terms to protest their lunch counter arrests at Trailways and Greyhound terminals.
552.Tenn4. City of Nashville v. Olson. (Nashville Muni. Ct.) April 1960: U. of Minn. student, who came to show support for the sit-ins, arersted and fined $25 for running a red light.
552.Tenn5. City of Chattanooga v. Defendants. (Chattanooga Muni. Ct.) Feb. 23, 1960: after denial of service to Negro customers, 41 arrested, both Negro and white, on charges of disorderly conduct, concealed weapons, and drunkenness in riots.
552.Tex2. City of Marshall v. Defendants. (Marshall Muni. Ct.) Mar. 28, 1960: 25 Negro college students sought service at 3 lunch counters, picked up by police, released. Mar. 30, 1960: 55 Negro students arrested for unlawful assembly; 200 arrested without charges. Apr. 7, 1960: Defs. convicted of refusing to leave private store on management request; 1 fined $200.; 34 fined $50. apiece. Appeal pending.

C. B. Bunkley, Jr., Esq., Dallas, Texas.

552.Tex3. City of Houston v. Green, et al. (Houston Muni. Ct.) March 29, 1960: 4 Negroes arrested for disturbing the peace when they refused to pay $2.50 price on special menu for Negroes for 5c cup of coffee at previously-segregated restaurant.
552.Tex4. City of San Antonio v. Rev. Graham, Jr. (San Antonio Muni. Ct.) May 4, 1960: Negro minister sit-in and white man charged with disturbing the peace, released on $25 bond when white man slapped Negro's face at department store's segregated restaurant.
552.Va4. City of Richmond v. Defendants. (Richmond Muni. Ct.) Feb. 23, 1960: 3 Negroes picketing department store arrested, 2 for refusing to move as ordered by policeman, one for vagrancy.
552.Va5. City of Richmond v. Johnson. (Richmond Muni. Ct.) Feb. 22, 1960: 45 Negro students arrested for trespassing when they requested service at department store lunch counter, and at Woolworth's and Kress.
552.Va6. City of Norfolk v. Giddens. (Norfolk Police Ct.) April 15, 1960: 2 Negroes convicted of littering streets by distributing handbills which protested segregated lunch counters, fined $15. each.
552.Va7. City of Portsmouth v. Defendants. (Portsmouth Muni. Ct.) Feb. 17, 1960: 30 youths, both Negro and white, arrested for disorderly conduct or refusing to abide by police orders, as result of demonstrations in front of Woolworth's, Grant's, and other stores with segregated lunch counters.
553. Others

553.Mich1. Russau, et ano. v. Restlawn Memorial Park Corp., et al. (Grand Rapids Super. Ct. Law #5270.)*
560. Family Matters
561. Marriage and divorce

561.1. Oyama and Jordan v. Pima Co. Clerk. (Ariz. Sup. Ct.)*
552. Others
563. Custody
564. Miscellaneous
570. Employment
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571. Racial discrimination
Law review article:

Irving Ferman, Discrimination in employment, 6 N.Y. Law Forum 59-68.

Survey:

Am. Jewish Comm., Survey of job discrimination in executive employment against Jewish graduates of Eastern university business school, Spring 1960.


571.3b. Goode v. Summers Co. Bd. of Educ. (SD W. Va.)*
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. (Colo. Sup. Ct., #19215.) For facts, see IV DOCKET 65, V DOCKET 19. June 6, 1960: trial date.
571.28. Banks v. Capital Airlines. (N.Y. Comm. Against Discrimination.) For facts, see IV DOCKET 111. Feb. 29, 1960: N.Y. Comm. Against Discrimination, after public hearing, issued cease and desist order directing Def.-Airlines to offer job as flight hostess to Pl. Comm. held it had jurisdiction, tho Def's. central office in D.C., because all 22 pre-employment steps undertaken in N.Y. May 5, 1960: 4-yrs. after first rejection by Def., Pl. hired as stewardess by Def.
571.31. Re McCloskey Construction Co. (President's Comm. on Gov't. Contracts.)*
571.35. Local 2, Liquor Salesmen's Union v. N.A.A.C.P., et al. (NYC Sup. Ct.) Mar. 14, 1960: Pls.-white liquor salesmen sought temporary injunction against Def.-Negroes continuing a sub rosa boycott of white package store owners in Harlem who do not employ Negro salesmen. Pending.
571.36. N.Y. State Labor Dept. v. Fanelli. (Commr., NY State Labor Dept.) Resp.-state employee accused of marking employment application cards to indicate race and color. Apr. 1, 1960: Resp. received official reprimand, removal from referral work, placement in unrelated job.
571.37. City of Detroit, Dept. of Water Supply, Detroit Civil Service Comm., et al. v. Michigan Fair Employment Practices Comm. (re Estate of Ragland.) (Wayne Co. Cir. Ct.) 1953: Complainant Ragland employed by Pl.-City. Jy. 9, 1956: Comp. filed complaint with Mich. F.E.P.C. alleging racial discrimination by Pl. in assignment of lockers at sewage treatment plant. Jan. 3, 1957: Pl. discharged Comp. Sept. 16, 1959: after public hearing, Comm. found Pl. discharged Comp. in retaliation for his having filed claim with FEPC, held this a violation of FEPC Act, Sec. 3(f). Comp. deceased. Pl.-City's appeal from Comm. order pending.

Gerald D. White, Asst. Atty. Genl., Detroit, Michigan.

571.38. Dr. Hawkins v. N.C. Dental Society and Second Dist. Dental Society. (WD N.C.) 1955: Pl.-Negro dentist sought membership in Def.-societies, needing endorsement of 2 members. Pl. alleges pressure by Defs. resulted in impossibility of securing two endorsements. Apr. 1960: Pl. sued for permanent injunction restraining Def.-societies from refusing him full membership. Pending.
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, V DOCKET 43. Trial before ct. without jury; decision awaited.

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

603.3. 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. Federal Power Commission v. Tuscarora Indian Nation. (U.S.S.C., # #63, 66.) (105 U.S. App. D.C. 146, 265 F. 2d 338, 362 U.S. 99.) For facts, see IV DOCKET 65, 111. Pl.-F.P.C. granted license to N.Y. Power Auth. to build dam which would flood lands of Def.-Indians, despite finding license would be inconsistent with purpose for which Indian reservation created. Issue: 25 U.S.C. sec. 177 provides no purchase or other conveyance from any Indian nation shall be valid unless made by treaty; Fedl. Power Act, 16 U.S.C. sec. 797(e) forbids taking when so inconsistent. CA DC held for Defs. Mar. 7, 1960: U.S.S.C. (6-3), per Whittaker, reversed, held Fedl. Power Act does not exclude taking of land owned by Indians; 25 U.S.C. 177 does not apply to condemnation by U.S. Gov't. because not clearly so provided. Black, J., Warren, C.J., Douglas, J., dissenting: Fedl. Power Act includes tribal Indian lands in 4(e)'s prohibition against taking; general power of condemnation should not apply to situation in which Cong. has traditionally acted only: in accordance with prior treaties; when the Indians consent; when act specifically refers to Indians or their lands. Def.-Nation made treaty, still recognized by Cong., that U.S. will never claim its land: "It may be hard for us to understand why these Indians cling so tenaciously to their lands and traditional tribal way of life . . . [but] I regret that this Court is to be the governmental agency that breaks faith with this dependent people. Great nations, like great men, should keep their word".

Arthur Lazarus, Jr., Esq., Washington, D.C.