Meiklejohn Civil Liberties Institute Archives logo
| HOME | HISTORY | PUBLICATIONS | DOCKETS | FINDING AIDS |

CIVIL LIBERTIES DOCKET
Vol. V, No. 4
August, 1960
$7.50 per year

Search in this volume

Case Number: 

Enter a specific case number or use * as wildcard, e.g., 303.15, 303.*

Case Title: 

Enter keywords from the title of a case, e.g., carpenters union

Case Description: 

Enter keywords from the description of a case, e.g., segregation school
   
ABOUT THE CIVIL LIBERTIES DOCKET

The DOCKET is published 4 times each year, October to 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. Vol. VI, No. 1 will contain complete descriptions of all cases pending in November 1960.

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

Law review articles:

Black, Hugo L., The Bill of Rights, 35 N.Y.U. L. Rev. 865-881.

Berman, Daniel M., Freedom and Mr. Justice Black; the record after twenty years, 25 Mo. L. Rev. 155-174.

Douglas, William O., The Supreme Court and its case load, 45 Cornell L. Quart. 401-414.

Clark, Tom C., Constitutional adjudication and the Supreme Court, 9 Drake L. Rev. 59-65.

Horn, Robert A., The Warren Court and the discretionary power of the executive, 44 Minn. L. Rev. 639-672.

Monroe, James O., Jr., The Supreme Court on trial: a perspective, 11 Hastings L. Jour. 369-410.

Chase, Harold W., The Warren Court and Congress, 44 Minn. L. Rev. 595-637.

Friendly, Henry J., Mr. Justice Brandeis: the quest for reason, 108 U. of Pa. L. Rev. 985-999.

Comment:

Unconstitutional conditions, 73 Harv. L. Rev. 1595-1609.

Law review articles:

Currie, Brainerd and Schreter, Herma Hill, Unconstitutional discrimination in the conflict of laws: privileges and immunities, 69 Yale L. Jour. 1323-1391.

Green, Leon, The right to communicate, 35 N.Y.U. L. Rev. 903-924.

Brant, Irving, The Madison heritage, 35 N.Y.U. L. Rev. 882-902.

Steward, Richard E., Public speech and public order in Britain and the United States, 13 Vand. L. Rev. 625-649.

Comment:

A perspective on non-legal social controls: the sanctions of shame and guilt in representative cultural settings, 35 Ind. L. Jour. 196-251.

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

11.5. People of New York v. Morris. (N.Y.C. Magistrate's Ct.) Def., alleged "beatnik", arrested for reading poetry to group in park without obtaining license required of one holding meeting or "oration". Ct. dismissed charges.
11.6. Sen. Pino and Assemblyman Brownstein v. Park Commr.; Re Application of Rockwell. (N.Y. State Sup. Ct., Brooklyn.) June 20, 1960: Pls. petitioned for order restraining Def. from issuing permit to American Nazi Party to hold political rally in Union Square Park July 4. Sup. Ct. granted temporary injunction because result of rally would be "bloodshed, violence and riot". Aug. 24, 1960: temporary injunction extended to Sept. 8, 1960. Aug. 30, 1960: Sup. Ct. dismissed petition of Rockwell, leader of Party, to compel N.Y.C. to grant him permit to speak in Square, holding no First Amendment issue involved because Pet. is "self-confessed advocate of violence" who "has accused more than 2,000,000 New York City residents of Jewish faith and another half-million or more Negro and Puerto Rican residents of this city of being traitors".
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 note:

14 S.W. L. Jour. 102-105.

- 72 -

12.13. Empire Pictures v. City of Fort Worth. (CA 5; Tex. Ct.) For facts, see IV DOCKET 88, V DOCKET 45. Cite: 273 F. 2d 529.

Case note:

46 Va. L. Rev. 795-799.

12.15. Times Film Corp. v. City of Chicago. (U.S.S.C., #34.) (c.g. 362 U.S. 917.)*
13. Peddlers
14. Books, Magazines

14.7. Mid-Continent News Co. v. Mayor Norick, Literary Review Bd., et al. (WD Okla.) Def.-Mayor appointed 9-member bd. to enforce new Oklahoma City ordinance which sets $600. annual license fee for wholesale distributors and requires bd. to investigate and prosecute distribution of immoral printed matter. Pl. sued for injunctive and declaratory relief. Pending.
15. Miscellaneous
20. Administrative Restrictions
21. Customs
22. Post Office

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.)

and

22.10. Rabin, et al., d/b/a Modern Book Store v. Schroeder. (ND. Ill., E. Div., #60 C 42.) For facts, see V DOCKET 22. June, 1960: Chicago Customs officials alleged in depositions that 2-man unit screening foreign political propaganda mail was removed from Chicago in 1959. Pending.
22.11. Big Table, Inc. v. Schroeder. (ND Ill., E. Div., #59 C 1382.) For facts, see V DOCKET 22. June 30, 1960: DC granted Pl's. motion for summary judgment, vacated Post Office non-mailability order on ground "Big Table I" within broad field of serious literature, therefore not obscene. Gov't. filed, then dismissed appeal.
22.12. Four Star Publications, Inc., Knight Publishing Corp., et al. v. Erbe, individually and as Iowa Atty. Genl. (CA 8.) For facts, see V DOCKET 22. Mar. 7, 1960: DC dismissed Pls'. causes of action. Appeals pending.

Comments:

Wisconsin statute provides civil action against a book, 1960 Wisc. L. Rev. 309-324.

Obscenity through the mails, 11 West. Reserve L. Rev. 480-492.

23. Miscellaneous

23.8. Werner v. City of Knoxville (ED Tenn., N. Div., #3425.) For facts, see IV DOCKET 2. Case closed May 1958.
30. Economic Restrictions

30.1. Independent Productions Corp. and I. P. C. Distributors Inc. v. Loew's Inc., et al. (CA 2.)*
30.3. Comm. to Secure Justice for Morton Sobell v. Tavern-on-the-Green Restaurant and City Parks Commr. Morris. (SD NY.) For facts, see III DOCKET 67. Def.-Tavern contracted to provide dinner for Pl.-Comm. on April 21, 1958. Apr. 14, 1958: Def.-Tavern canceled. Def.-Commr. (then Moses) "recommended" Tavern cancel. July 21, 1960: SD NY held Pl.-Comm. stated cause of action for alleged deprivation of rights under Fourteenth Amdt. Pending.

Nanette Dembitz and Mercedes Hoffman, Esqs., for Am. Civil Liberties Union, 156 Fifth Ave., NYC.

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

51.4. Talley v. People. (U.S.S.C.) For facts, see IV DOCKET 40, 68, V DOCKET 46. Cite: 362 U.S. 60.

Case notes:

34 St. Johns L. Rev. 306-309;

31 Miss. L. Jour. 294-296;

7 U.C.L.A. L. Rev. 786-790;

21 U. of Pitts. L. Rev. 731-735.

51.7. Alabama v. Howard, Jr. (Ala. Sup. Ct.)*
51.8. Storey v. Davis. (Cook Co. Super. Ct., #60 S 9228.)*
51.10. California v. White, et al. (San Francisco Juvenile Ct.) For facts, see V DOCKET 47. Jy. 7, 1960: Ct. "severely admonished" juvenile Defs., dismissed charges against them.

And see Meisenbach, 51.11.

51.11. California v. Meisenbach. (San Francisco Muni. Ct.)*
51.12. Tennessee v. Towles. (Fayette Co. Ct.) July 14, 1960: During campaign against Fayette County Civil and Welfare League for encouraging Negro voter registration (see 501.12), Def. forced to drive into ditch by car containing two white men. Police arrested Def.; charge: disorderly conduct; proof: driving along laughing at white people. Def. convicted; fine: $33.50, paid first by check, which bank refused to cash despite Def's. account being sufficient to cover sum.
51.13. Chicago v. Lameka. (Chicago Muni. Ct., #60 M 165475.) Def. charged with disorderly conduct for displaying sign, "Free Jomo Kenyatta!" at Republican Convention. Aug. 17, 1960: Ct. granted motion to dismiss complaint.

Joel J. Sprayregen, Esq., 19 S. LaSalle, Chicago.

- 73 -

51.14. People of Illinois v. Lewis. (Ill. App. Ct., 1st Dist., #48079.) Def. arrested in routine dragnet; charged with disorderly conduct; convicted. Issue on appeal: sufficiency of complaint specifically to apprise Def. of offense. Pending.

Joel J. Sprayregen, Esq., 19 S. LaSalle; Robert Golten, Esq., 111 S. Dearborn, both of Chicago.

51.15. Matter of Romero. (Cook Co. Family Ct., #259456.) Chicago v. Wright, Jr. (Chicago Muni. Ct., #60 M 161457.) Def.-students arrested for distributing leaflets urging support of Southern sit-ins in entrance to downtown Woolworth's located on property of Chicago Transit Auth., public corporation. Defs. charged with: being juvenile delinquent; disorderly conduct. Issue: right to peacefully distribute handbills on public property. Trials dates: Sept. 8 and 9, 1960.

Joel J. Sprayregen, Esq., 19 S. LaSalle, Chicago.

See disorderly conduct charges arising out of Southern sit-ins at 551., 552. infra.

52. Obscenity (see also 12, 14)

52.8. People of New York v. Shapiro, et al. (App. Div., Second Dept.)*
52.15. Smith v. California. (U.S.S.C.) For facts, see IV DOCKET 41, V DOCKET 22. Cite: 361 U.S. 147.

Case notes:

21 Ohio State L. Jour. 242-244;

35 N.Y.U. L. Rev. 1086-1091;

26 Brook. L. Rev. 289-292.

52.19. Katsev v. County of Los Angeles. (Calif. Sup. Ct.) (341 P. 2d 310.) For facts, see IV DOCKET 69, 89.

Case note:

33 S. Calif. L. Rev. 325-331.

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.)*
52.23. Michigan v. Olson. (Schoolcraft Co. Cir. Ct.) Def.-teacher arrested; charge: furnishing obscene literature to pupils by giving Camus' "The Stranger" to pupils needing help in reading. Justice of Peace convicted Def.; 90-days and $100. fine. Aug. 28, 1960: Cir. Ct. reversed, held Justice of Peace without jurisdiction; book not obscene.
52.24. People of New York v. Richmond Co. News, Inc. (Brooklyn Spec. Sess., App. Term.) Nov. 19, 1958: Def. Co. convicted of distributing obscene magazine, "Gent". July 11, 1960: App. Div. reversed (4-1), held magazine obscene, but Gov't. failed to prove beyond reasonable doubt that Def. had knowledge of obscene character thereof.
52.25. Mapp v. Ohio. (U.S.S.C., #236.) (166 N.E. 2d 387.) Def. convicted under Ohio act providing no person shall knowingly have in his possession or under his control an obscene, lewd or lascivious book, print or picture under penalty of fine or imprisonment. Ohio Sup. Ct. majority held statute unconstitutional by interfering with First Amendment freedoms even to look at books and pictures. Conviction nonetheless affirmed under Ohio constitutional provision forbidding Ct. finding statute unconstitutional when more than one Justice dissents. Appeal pending in U.S.S.C.
52.26. Buffalo v. May. (Buffalo City Ct.) Def. charged with selling obscene literature in violation of Chap. 9, Sec. 26, Buffalo City Ordinances. Issue: constitutionality of section. Pending.

Herald P. Fahringer, Jr., Esq., 120 Delaware Ave., Buffalo.

52.27. New York v. Guenther, et ano. (Buffalo City Ct.) Def. charged with selling magazines containing obscene pictures, in violation of N.Y. Penal Law sec. 1141. Pending.

Herald P. Fahringer, Jr., Esq., 120 Delaware Ave., Buffalo.

52.28. Gregory, et al. v. Ball, Dist. Atty., Erie Co.; N.Y. State Atty. Genl. Lefkowitz, et al. (Erie Co. Sup. Ct.) Suit for declaratory judgment testing constitutionality of N.Y. Penal Law sec. 1141, under U.S.S.C. decision in Smith v. California, 52.15. Pending.

Herald P. Fahringer, Jr., Esq., 120 Delaware Ave., Buffalo.

52.29. Siegel Enterprises, Inc. v. Hepbron, et al. (Md. Ct. of App.) Pl.-publisher sought declaratory judgment and injunction against enforcement of Md. Crime Comic Books Act prohibiting sale or display to children of comic books devoted to deeds of violence or immorality or "for children below 18, are obscene, lewd, . . . indecent or disgusting". Super. Ct. held Act unconstitutional. July 1, 1960: Md. Ct. of App. affirmed.

William B. Greenfelt and Robert B. Polovoy, Esqs., Court Square Bldg., Cornelius P. Mundy, Esq., Equitable Bldg., all of Baltimore, Md.

Comment:

The requirements of scienter in obscenity statutes, 9 DePaul L. Rev. 250-254.

Case note:

Obscenity statute declared unconstitutional due to vagueness: Commonwealth v. Blumenstein, (296 Pa. 417, 153 A. 2d 227, 1959), 33 Temple L. Quart. 359-365.

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. 469-504.

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.)*
- 74 -

55.4. Fair Share Organization, et al. v. Kroger Co., Local 1460—Retail Clerks Intl. Assn.—AFL-CIO. (Ind. App. Ct., Indianapolis.)*
55.5. Natl. Labor Relations Bd. v. Teamsters Local 639. (U.S.S.C.) For facts, see V DOCKET 47. Cite: 362 U.S. 274.

And see cases at 552.

56. "Corrupt Practices"
57. Vagrancy

57.1. California v. 52 Defs. (Stockton Muni. Ct.)*
58. Miscellaneous

58.1. People of New York ex rel. Hearn v. Muste, et al. (U.S.S.C.)

and

58.2. People of New York v. Peck, et al. (U.S.S.C) For facts, see IV DOCKET 3-4. Dec. 30, 1959: N.Y. Ct. of App. (4-3) affirmed Defs. conviction for refusal to participate in air air drill, in violation of N.Y. statute. Appeal pending in U.S.S.C.

And see cases at 120.

58.10. Tennessee v. Clark, Barksdale, Carawan, Sturges. (Cir. Ct., Grundy Co.) For facts, see IV DOCKET 89. Indictment dismissed against Def. Clark (for illegal possession of whiskey), at cost of State. Indictments against other Defs. (for drunkenness, breach of peace, resisting arrest) dismissed on payment of officers' costs.

And see Highlander Folk School, 244.6

60. Civil Sanctions
61. Defamation

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:

37 Dicta 196-199;

9 Amer. U. L. Rev. 150-154;

48 Georgetown L. Jour. 544-562;

44 Minn. L. Rev. 787-794.

61.4. Steinberg v. O'Connor. (DC Conn.)*
61.9. City of Montgomery v. The New York Times, Rev. Shuttlesworth, et al. (Montgomery Cir. Ct.) For facts, see V DOCKET 48. Cir. Ct. ordered Def.-newspaper to produce records showing whether or not it does business in Alabama. June 30, 1960: Ala. Sup. Ct. denied petition by Def. to set aside Cir. Ct. order. Aug. 5, 1960: Cir. Ct. held Def.-newspaper was doing business in Ala. at time ad re Rev. King appeared, denied motion to disallow service of subpoenas on Times correspondent.
61.10. Gov. Patterson v. The New York Times, Revs. King, Shuttlesworth, et al. (Montgomery Cir. Ct.)*
61.11. Birmingham City Commrs. v. The New York Times, and Salisbury. (ND Ala.) For facts, see V DOCKET 48. Aug. 25, 1960: Def.-Salisbury asked to appear before grand jury to testify re truth or falsity of articles on Birmingham in The Times. Sept. 1, 1960: DC held Def.-newspaper could be found in and therefore could be served with libel suits in Ala. Appeal of this ruling to CA 5 pending.
61.12. Bessemer City Commrs. v. The New York Times, and Salisbury. (ND Ala.) Facts, issues and status similar to 61.11. Pending.

Law review article:

Carter, P. B., The journalist, his informant and testimonial privilege, 35 N.Y.U.L. Rev. 1111-1125.

Comment:

Libel per se and special damages, 13 Vand. L. Rev. 730-744.

Case note:

Libel and slander — distinction abolished: Grein v. La Poma, (— Wash. 2d —, 340 P. 2d 766, 1959), 28 Fordham L. Rev. 852-855.

62. Injunctions in labor disputes
See Fair Share Organization, 55.4.
63. Other injunctions
64. Miscellaneous
90. Miscellaneous Freedom of Thought
FREEDOM OF RELIGION (100-199)
110. Separation of Church and State
Law review articles:

Kalven, Harry, Jr., A commemorative case note: Scopes v. State, 27 U. of Chicago L. Rev. 505-521.

Emerson, Thomas I. and Haber, David, The Scopes Case in modern dress, 27 U. of Chicago L. Rev. 522-528.

Sharp, Malcolm P., Science, religion, and the Scopes Case, 27 U. of Chicago L. Rev. 529-534.

Comments:

The courts and Bible reading in the public schools, 62 W. Va. L. Rev. 353-359.

Religious institutions and values: A legal survey of the areas of zoning, school, taxation, tort liability, church gambling, Sunday legislation, and domestic relations — 1958-59, 35 N. Dame Lawyer 406-439.

Case note:

Parking lots adjacent to a church edifice and used for convenience of church members are taxable: Second Church of Christ Scientist v. Philadelphia, (157 A. 2d 54, Pa., 1959), 5 Villanova L. Rev. 484-486.


110.1. In re Application of Lewis and Klein for Order Against Allen, Commr. of Educ., N.Y. State. (Spec. Sess., App. Term, Albany Co., #2729.) For facts, see IV DOCKET 4. Sept. 28, 1960: argued.
- 75 -

110.2. Spalding v. Wooley, et al. (Marion Co. Ct., Ky.)*
110.6. Schempp v. School Dist. of Abington Township. (U.S.S.C.) For facts, see IV DOCKET 4, V DOCKET 3, 48. 3-judge ct. found Pa. Public School Code sec. 1516 unconstitutional after hearing testimony on: differences in text of Bibles, New Testament reading as cause of anti-semitism and negative reaction by Jewish children. Held: substantial fedl. question raised; parents have standing to use; reading 10 verses from Bible without comment, followed by reading of Lord's prayers constituted a "religious ceremony" in public school in violation of First and Fourteenth Amendment provisions for free exercise of religion and prohibition of establishment of religion. Appeal to U.S.S.C. pending.

Case note:

5 Villanova L. Rev. 486-489.

110.8. Engle v. Vitale. (NY Sup. Ct., App. Div., 2d Dept.)*
110.9. Snyder, et al. v. Town of Newtown, et al. (U.S.S.C.) For facts, see V DOCKET 3, 23. June 14, 1960: Conn. Sup. Ct. of Errors (4-1) affirmed constitutionality of state "parochial school bus law" permitting townships, after referendum, to furnish transportation to private school children. Mellitz, J., dissenting: statute "leaves to every man the right . . . to provide for the religious instruction and training of his own children". But when a man picks a school combining secular and religious instruction, he is "faced with the necessity of assuming the financial burden which that choice entails". Appeal to U.S.S.C. pending.
110.10. Chamberlin v. Dade Co. Bd. of Public Instruction, et al. (Dade Co. Cir. Ct., #59 C 4928.) For facts, see V DOCKET 3, 23. Jy. 18, 1860: trial before judge opened.
110.10a. Resnick, et al. v. Dade Co. Bd. of Public Instruction, et al. (Dade Co. Cir. Ct.) Suit by Jewish parents for injunction requiring Def.-Bd. to discontinue: Bible reading in assemblies and classrooms, distribution of Bible and other religious and sectarian literature in schools, use of school facilities for Bible instruction after school hours, saying prayers and grace, singing religious and sectarian hymns in schools, Christmas and Easter programs including Nativity and Resurrection plays and Hanukkah programs, conducting religious census among pupils, religious tests for teachers and other school employees. Tried following Chamberlin, 110.10.

Leo Pfeffer, Esq., for American Jewish Congress, 15 E. 84th St., NYC.

110.11. Silver v. N.Y. State Educ. Commr. (NY Sup. Ct., 3d Dept.) For facts, see V DOCKET 23. July 13, 1960: N.Y. Sup. Ct. judge dismissed Pl's. test of constitutionality of Hempstead School Dist. providing transportation for parochial school pupils living 35 miles or less from their schools.
110.13. Archer v. Walker, et al., County Council of Montgomery Co., Maryland. (Montgomery Co. Cir. Ct., #22784 Eq.) For facts, see V DOCKET 24. Aug. 4, 1960: heard and submitted on Def's. motion for summary judgment.

C. S. Iverson, Esq., Rockville, Md.

110.14. Swart v. Burlington Town School Dist. (Vermont Sup. Ct., #350.) For facts, see V DOCKET 49.

F. Ray Keyser, Jr., Esq., Chelsea, Vt.; Stephen B. Richardson, Esq., 109 S. Winooski Ave., Burlington, Vt.

110.15. Wold, et al. v. Shoreline School Dist. No. 412. (U.S.S.C., #879, 1959 Term.) (346 P. 2d 999.) 1955: Pet's. daughter joined Seventh Elect Church in Spiritual Israel, ceased attending public school, was taught by mother. School Dist. required attendance. Wash. Sup. Ct. held method of education of 14-yr. old girl not in conformity with state law. Issue: Pet's. freedom of religion. June 6, 1960: U.S.S.C. denied certiorari; Warren, C. J., Douglas and Brennan, JJ. being of the opinion cert. should be granted.
110.16. Dilger v. School Dist. (Ore. Sup. Ct.) Suit by Pl.-parent to require School Dist. to permit public school children to attend religious instruction during school hours under Ore. "released time" act, Ore. Rev. Stats. sec. 336.260. Je. 24, 1958: Marion Co. Cir. Ct. held sec. void for vagueness. May 26, 1960: Ore. Sup. Ct. reversed (4-3), held statute valid, mandatory in nature, discretionary only in permitting school authorities to adjust time for releasing children.
110.17. Dickman, et al. v. School Dist. #62-c, Oregon City, et al. (Clackamas Co. Cir. Ct., Ore., #51929.) Pl.-taxpayers sought injunction aaginst Def.-Bd. furnishing textbooks, at public expense, for students at private parochial (Roman Catholic) school. Ore. statute requires Bds. to furnish free texts to all children attending schools which maintain Ore. Bd. of Educ. standards. Feb. 4, 1960: Cir. Judge upheld constitutionality of Act, citing U.S.S.C. decisions in Everson and Cochran, but argued that such decisions do not square with First Amendment: "This court believes that the questions of whether the benefits of free textbooks are to the child or the school; whether there is a direct or indirect aid to the teaching of religion; whether it is a proper exercise of the public welfare power of the state are all beside the point. There is only one question: Does the furnishing of free textbooks to parochial school pupils help or foster the teaching of religion in any degree whatsoever? If it does, it is contrary to the First Amendment. The answer is obvious". Appeal to Ore. Sup. Ct. pending.

John D. Mosser, Esq., 1310 Yeon Bldg., Portland; Steve Anderson, Esq., 541 Court St., Salem.

A.C.L.U. as amicus curide.

Attorney General's Opinions:

Ohio Atty. Genl. McElroy, uly 6, 1960, issued formal opinion that public school may not give Bible instruction because Bible is sectarian book and use of public schools for religious instruction unconstitutional establishment of religion.

Georgia Atty. Genl. Cook, April 20, 1960, held use of prison labor, gratuitously or by contract, for maintenance of church property violates state and fedl. constitutional provisions for separation of church and state.

120. Pacifists and Conscientious Objectors

120.14. U.S. v. Rev. Muste. (U.S. Tax Ct., N.Y.)*
- 76 -

120.16. U.S. v. Nazaroff (SD Calif., #28501 Cr.) Def.-Jehovah's Witness not considered for IV-D minister classification by local draft board. Def. refused to do alternative service in hospital, charged with draft evasion. Aug. 16, 1960: Def. acquitted, held denial of due process in failing to consider him for IV-D.

J. B. Tietz, Esq., 410 Douglas Bldg., S. Spring and 3rd, Los Angeles.

120.17. U.S. v. Glover. (CA 8.) (179 F. Supp. 302.) Def. convicted of draft evasion. Issues on appeal: denial of administrative due process, denial of fair trial through Ct's. refusal of Def's. demand to inspect FBI reports and admission in evidence of intradepartmental orders not published in Federal Register. Sept. 20, 1960: appeal argued.

J. B. Tietz, Esq., 410 Douglas Bldg., S. Spring and 3rd, Los Angeles.

130. Denial of Tax Exemptions
140. Sunday Closing Laws
Comments:

Sunday Blue Laws: a new battle on an old front, 11 Syra. L. Rev. 254-264.

Sunday observance law, 62 W. Va. L. Rev. 373-378.

Case note:

Municipal Sunday ordinance affecting only furniture and appliance stores upheld as valid exercise of police power: People's Appliance and Furniture, Inc. v. City of Flint, (358 Mich. 34, 99 N.W. 2d 522, 1959), 37 U. of Detroit L. Jour. 748-751.


140.10. Gallagher v. Crown Kosher Super Markets of Mass., Inc. (U.S.S.C., #11.) (prob. juris. noted: 362 U.S. 960.)*

Amicus brief filed by Synagogue Council of America, and Natl. Community Relations Advisory Council, by Leo Pfeffer, Esq., 15 E. 84th, NYC.

Case notes:

59 Col. L. Rev. 1192-1213;

28 Fordham L. Rev. 826-830.

140.15. Two Guys from Harrison and Channel Lumber Co. v. Furman, N.J. Atty. Genl. (N.J. Super. Ct.) (160 A. 2d 265.)*
140.16. Morein, et al. v. Furman, N.J. Atty. Genl. (DC N.J.)*
140.17. Masters-Jersey, Inc., et al. v. Paramus. (N.J. Sup. Ct.) (160 A. 2d 841.)*
140.19. Two Guys from Harrison-Allentown, Inc. v. McGinley. (U.S.S.C., #36.) (prob. juris. noted: 362 U.S. 960.)*

Case note:

31 Miss. L. Jour. 298-300.

140.20. McGowan v. Maryland. (U.S.S.C., #8.) (151 A. 2d 56; prob. juris. noted: 362 U.S. 959.)*

Harry Silbert, A. Jerome Diener, Sidney Schlachman, J. Seymour Sureff, Esqs., all of Baltimore.

140.21. People of New York v. Andob Corp. (Westchester Co. Ct.) Jan. 14, 1960: Def.-Co. convicted of violating Sunday law by operating coin, self-service public laundry on Sunday, thus interfering "with the repose and religious liberty of the community". July 22, 1960: Co. Ct. reversed, found no proof of community disturbance, ordered $10. fine returned.
140.22. Bargain City USA, Inc. v. Dilworth. (Phila. Co. Ct. of Com. Pleas.) June 10, 1960: Ct. held Phila. Police Commr's. adoption — for lack of funds and personnel — of policy limiting enforcement of Pa. Sun. "blue" Law to large retail establishments renders enforcement against such retailers a violation of Fourteenth Amendment equal protection clause.
150. Miscellaneous Restrictions
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.)*
202.3. Institute of Pacific Relations v. U.S. (SD NY, #122-243.) 1951-52: Senate Internal Security Subcomm. (McCarthy, ch.) accused Inst. of Communist association. 1955: U.S. withdrew Institute's tax exempt status. 1959: Inst. sued for restoration of tax exemption. At trial, U.S. relied solely on Sen. Subcomm. reports; Pl. presented testimony of educators, Pl's. publications and conferences. Mar. 30, 1960: SD NY held for Pl., commented this action gave Pl. first chance for its "day in ct." and U.S. did not "join issue" with Pl.
203. N.L.R.B. Certification (see also 291)

203.3. R. Dennis, et al. v. U.S. (formerly titled U.S. v. Pezzati, et al.) (CA 10; DC Colo.)*

And see West, 291.20.

204. Continued existence (see also 213, 223)

204.1. N.A.A.C.P. v. Alabama. (Alabama S. Ct.) For facts, see IV DOCKET 5, 43, 70, 91. Cite: 357 U.S. 449, 1958.

Case note:

46 Va. L. Rev. 730-755.

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.)*
- 77 -

204.4a. N.A.A.C.P. Legal Defense and Educ. Fund v. Harrison. (Va. Sup. Ct. of App., #5097.) For facts, see IV DOCKET 6. Sept. 2, 1960: Va. Sup. Ct. of App. affirmed Cir. Ct. construction of Va. "running" and "capping" laws as valid proscription of certain, but not all, N.A.A.C.P. Fund's activities in Va.; reversed Cir. Ct. on construction of "maintenance" statute, holding it unconstitutional and void.

Case note:

20 La. L. Rev. 614-619.

204.4b. N.A.A.C.P. Legal Defense Fund v. Harrison. (Richmond Cir. Ct., #B-2879.) Action for judgment construing barratry and registration statutes at issue in 204.14, IV DOCKET 91. Pending.
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. Tucker (formerly v. McKinley.) (U.S.S.C., #14.)*

J. R. Booker and Thad D. Williams, Esqs., Little Rock, Ark.; George Howard, Jr., Esq., 329½ Main St., Pine Bluff, Ark.; Harold B. Anderson and Christopher C. Mercer, Esqs.; Robert L. Carter, Esq., N.A.A.C.P., 20 W. 40th St., NYC.

204.13a. Carr, et al. v. Young. (U.S.S.C., #83.) For facts, see V DOCKET 25. June 20, 1960: U.S.S.C. granted certiorari; to be heard after Shelton, 204.13.
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. Sup. Ct. of App.) For facts, see V DOCKET 25. Appeal from Va. State Corp. Comm. dismissed for failure to give bond within statutory time.
204.16. La. ex. rel. LeBlanc, Atty. Genl. v. Lewis, et al. and N.A.A.C.P. (DC La., Baton Rouge Div., #1678.)*
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., #12.)*
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. Am. Comm. for Protection of Foreign Born. v. S.A.C.B. (CA DC, #15, 960.) For facts, see IV DOCKET 7, V DOCKET 4. June 27, 1960: S.A.C.B. issued order requiring organization to register. Aug. 25, 1960: Pet. filed petition for review. Pending.
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, V DOCKET 50. Dist. Ct. of App. reversed trial ct's. sustaining demurrer without leave to amend, remanded to trial ct. with directions to permit amendment.
220. Listing
221. By the Attorney General of the United States

221.5. Rogers v. Californians for the Bill of Rights. (Dept. of Justice.)*
221.6. Rogers v. Natl. Council of Arts, Sciences and Professions. (Dept. of Justice.)*
222. By Congressional Committees
And see cases at 271.
222.1. Wheeldin v. Wheeler, et al. (CA 9.) For facts, see IV DOCKET 44. June 28, 1960: CA 9 held: Pl's. claim for injunctive relief against House UnAmerican Comm. hearings in Aug. 1958 moot; affirmed DC rejection of claim for declaratory relief; affirmed dismissal of claim for money damages against Def.-U.S. marshal and sheriff and their sureties; reversed as to Def. Wheeler, investigator for Comm., under Bell v. Hood, 327 U.S. 678, found jurisdiction to hear claim for money damages against him, remanded to DC.
- 78 -

And see Wheeldin, 271.43.
222.6. Tuominen v. Wheeler. (ND Cal., SDiv., #38487.)*

And see McGovern v. Martz, 182 F. Supp. 343, on privilege of legislators to be immune from civil process for actions or statements held to embrace material unspoken in Congress but inserted in Congressional Record by Congressman.

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.)*
241.14. Winston v. U.S. (U.S. Bd. of Parole.) For facts, see III DOCKET 27, #411.2, III DOCKET 58, 82. Def. serving 8 yr. sentence for violation of Smith Act, (see Dennis v. U.S., 341 U.S. 494.) Feb. 2, 1960: brain tumor operation resulted in loss of sight. Jy. 27, 1960: appeal made to Bd. for immediate release; pending.

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

242. Smith Act: mere membership

242.1. Lightfoot v. U. S. (ND Ill. E.D.)*
242.2. Scales v. U. S. (U.S.S.C., #1.)*
242.3. Blumberg v. U. S. (DC Pa.)*
242.4. Noto v. U. S. (U.S.S.C., #9) (262 F. 2d 501.)*
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. (U.S.S.C., #138.) For facts, see V DOCKET 5, 51. Def's. petition for certiorari pending.
243. 18 U.S.C. 2384
244. State laws

244.6. Tennessee ex rel. Sloan v. Highlander Folk School, et al. (Tenn. Sup. Ct.) For facts, see V DOCKET 5. Cir. Ct. entered order permitting Def.-School to continue operating as before, pending appeal.

And see Clark, 57.10.

250. Civil Disabilities: Federal
251. Federal employment (and see 268)

251.30. Jackson v. Allen Industries, Inc. (U.S.S.C.)*
252. Deprivation of passport rights, right to travel
Comment:

Passport control in the national interest and freedom to travel, 33 Temple L. Quart. 332-345.


252.23. Leff v. Herter. (DC DC.) For facts, see IV DOCKET 10. Pl. dismissed action.
252.27. Worthy v. Herter. (270 F. 2d 905, c.d. 361 U.S. 918.) For facts, see IV DOCKET 10, 94, V DOCKET 26.

Case notes:

73 Harv. L. Rev. 1610-1613;

28 G. Wash. L. Rev. 782-786;

38 N.C.L. Rev. 260-270;

28 Fordham L. Rev. 816-820.

252.29. Re Rev. McKenna, et al. (Dept. of State, Passport App. Bd.)*
252.30. Jerome v. Herter. (CA DC.) For facts, see IV DOCKET 45, 94, V DOCKET 5, 26. Gov't's. motion for summary judgment granted. Appeal pending.
252.31. Porter v. Herter. (U.S.S.C., #298.) (278 F. 2d 280.) For facts, see V DOCKET 6, 51. CA DC held against Pl. after U.S.S.C. denied cert. New petition for certiorari pending.
252.52. U.S. v. Reynolds. (U.S.S.C.)*
253. Unfavorable Army discharges

253.9. Olenick v. Brucker. *
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. June 28, 1960: 3-judge ct. (2-1) granted Def's. cross-motion for summary judgment, upholding constitutionality of 38 U.S.C. 3504 (V.A. payments terminated on "satisfactory evidence" recipient guilty of aiding U.S. enemy). Fahy, J. dissenting: V.A. Admr's. action unauthorized, statute violates First Amendment. Appeal to U.S.S.C. pending.
255. Deprivation of Social Security rights

255.1. Flemming v. Nestor. (U.S.S.C., #54.) ( U.S. .) For facts, see IV DOCKET 46. June 20, 1960: U.S.S.C. (5-4) reversed DC, upheld constitutionality of Social Security Act, sec. 202(n), (42 USC 402(n)) on direct appeal. Harlan, J. for majority: Appellee, deported in 1956 for membership in Communist Party 1933-1939, had no "accrued property right" in Social Security benefits, tho program financed through payroll tax levied on employes in covered employment, and their employers. ". . . the Due Process Clause can be thought to interpose a bar only if the statute manifests a patently arbitrary classification, utterly lacking in rational justification", not true here. Nor is this punishment for Pl. without trial, or a bill of attainder, or ex post facto law, in violation of U.S. Constitution, Art. I, Sec. 9; Art. III, Sec. 2; Sixth Amendment. Black, Douglas, Brennan, JJ. (with Warren, C.J.) dissenting: Appellee left
- 79 -

Communist Party in 1939, when past membership not ground for deportation. Appellee paid into Social Security fund 1936-1955, received benefits 1955 til July 1956, when he was deported. Thereafter denied benefits under Sept. 1954 amendment to Social Security Act. Such denial constitutes classic case of bill of attainder, ex post facto law and denial of due process.
256. Deprivation of housing rights
257. Deprivation of Federal licenses

257.3. In re Application of Borrow for Renewal of Radio Operator's License. (U.S.S.C.) For facts, see IV DOCKET 11, 46, V DOCKET 27. CA DC affirmed (2-1) denial of license. Petition for certiorari pending.
257.4. In re Johnson. (F.C.C.) For facts, see IV DOCKET 11, 72, V DOCKET 51. Appeal not timely filed; case closed.
257.5. In re Cronan. (CA DC.) For facts, see IV DOCKET 11, 72. F.C.C. denied license. Appeal pending.
258. Deportation proceedings (see also 358)

258.6. Niukkanen v. McAlexander. (U.S.S.C.) For facts, see V DOCKET 6, 51. Citation: 362 U.S. 390.
258.7. Wolf v. Rogers and Boyd. (CA 9.) 1922: Pl. established permanent residence in U.S. 1949: Pl. arrested for deportation; charge: Communist Party membership 1938-39. H'g. officer ordered deportation to Canada, Bd. of Imm. App. affirmed; DC and CA affirmed; U.S.S.C. denied certiorari. 1959: Canadian gov't. ruled Pl. not Canadian citizen because of early marriage to American citizen. May 14, 1960: Imm. Service ordered Pl. to report for deportation to London, England because her father's birth in British territory rendered her a British subject, tho never resident in England. CA 9 hearing: Oct. 14, 1960.

John Caughlan, Esq., 702 Lowman Bldg., Seattle, Washington.

258.8. Santiago v. District Director. (Imm. and Nat. Service.) 1958: Immigration Service instituted proceedings to deport Pet. to Canada which she left at age 6. Canada agreed to accept Pet., but refused admittance to her 3 children and husband, former Communist Party member, now leader of another Marxist group. Cuba granted Pet's. petition for political asylum for herself and family; Imm. Service denied Pet. right to go anywhere but Canada. May 25, 1960: Service reversed itself, permitted Pet. to accept Cuban offer.

Blanche Freedman, Esq., 320 Broadway, NYC.

Law review article:

Frye, Robert J., Deportation of aliens: an exercise in judicial restraint, 12 Ala. L. Rev. 324-340.

259. Denaturalization and Naturalization proceedings (see also 358)

259.4. U.S. v. Polities. (U.S.S.C., #25.) For facts, see IV DOCKET 11, 72, V DOCKET 6, 27. Argued: Oct. 17, 1960.
259.5. Chaunt v. U.S. (U.S.S.C., #22.)*
259.7. United States v. Fiorini. (SD Fla.)*
260. Civil Disabilities: State, Local and Private
261. State or local governmental employment (see also 343)

261.1. Wilkins v. Carlander, et al. (Super. Ct., King Co., #490844.)*
261.3. Hehir v. NYC Transit Authority, NY State Civil Service Commission, et ano. (N.Y. Sup. Ct., App. Div.)*
261.7. Crowe v. County of Wayne, Mich. (Cir. Ct., Wayne Co.)*
261.9. Wolstenholme v. Oakland Library Bd. (U.S.S.C.) (351 P. 2d 321.) For facts, see IV DOCKET 12, V DOCKET 6, 52. Petition for certiorari pending on due process and equal protection theories that special and arbitrary rules of laches were applied.
262. Teaching (see also 267, 280 and 342)

262.2. Bd. of Trustees, Lasson Union High School v. Owens. (Calif. Dist. Ct. of App., Sacramento.)*

Comment:

Academic tenure at South Dakota's state supported colleges and university, 5 S.D. L. Rev. 31-39.

Case note:

Student dismissed from state-supported college for persistent criticism of administration not entitled to reinstatement: Steier v. N.Y. State Educ. Comm'r., (271 F. 2d 13, 2d Cir. 1959, cert. denied, 80 Sup. Ct. 587, 1960), 73 Harv. L. Rev. 1388-1391.

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

263.1a. Syrek v. California Unemployment Insurance Appeals Bd., et al. (Calif. Sup. Ct.) For facts, see IV DOCKET 12, V DOCKET 27. Aug. 2, 1960: Calif. Sup. Ct. (4-3) affirmed Dist. Ct. of App., held Pet. entitled to unemployment compensation despite conscientious refusal to sign loyalty oath required in available gov't. job. Pet. had answered Def's. questions fully; no evidence Pet. disloyal or affiliated with subversive orgaizations.
263.2. Re Albertson. (N.Y. Ct. of App.) For facts, see IV DOCKET 12, V DOCKET 7, 52. Cite: 168 N.E. 2d 242.
263.4. Jackson v. Calif. Unemp. Insurance Bd. (Calif. Unemp. Ins. App. Bd.)*

Case note:

Discrimination against welfare recipients because of source of unemployment: State ex rel. Intl. Union of Mine Workers v. Montana State Dept. of Public Welfare, (347 P. 2d 727, Mont. 1959), 21 Mont. L. Rev. 222-224.

264. Denial of State licenses

- 80 -

264.1. Torcaso v. Montgomery Co., Md. (U.S.S.C.) (162 A. 2d 438.) For facts, see V DOCKET 52. June 30, 1960: Md. Ct. of App. affirmed, upheld constitutionality of Maryland requirement that all public office holders (incl. notaries public) believe in God. Appeal to U.S.S.C. pending.

Joseph A. Sickles and Carlton R. Sickles, Esqs., 3400 Farthing Dr., Silver Spring, Md.; Bruce N. Goldberg, Esq., 4709 Montgomery Lane, Bethesda, Md.; Leo Pfeffer, Am. Jewish Congress, 15 E. 84th St., NYC; Sanford H. Bolz, Esq., 425 - 13th St., NW, Washington, D.C.

264.2. Davis v. N.Y. Motor Vehicle Comm'r. Hults. (N.Y.C. Sup. Ct.) April, 1959: Def. rejected Pl's. application for auto license renewal, charging Pl. unfit due to conviction of seditious conspiracy. Jy. 6, 1960: Levy, J. denied Def's. motion to dismiss, held U.S. Smith Act violation (see 241.) only misdemeanor under N.Y. law.
265. Proceedings against attorneys and Bar applicants (see also 345, 373)

265.4. In re Schlesinger. (Pa. Sup. Ct.) For facts, see IV DOCKET 12, V DOCKET 52. May 23, 1960: Pa. Sup. Ct. granted supersedeas order staying disbarment order. Appeal argued: Sept. 28, 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., #28.)*
265.23. In re Anastaplo. (U.S.S.C., #58.) (c.g. 362 U.S. 968.) For facts, see IV DOCKET 13, 47, 73, 95, V DOCKET 28.

Case notes:

21 Ohio State L. Jour. 260-263;

31 Miss L. Jour. 303-305.

265.25. Marshall v. State Bar of California and Comm. of Bar Examiners. (Calif. Sup. Ct.)*

And see Va. State Bar, 204.14;

And see Application of Burke, 373.10.

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.)*
268.1b. Homer v. Richmond. (CA DC.)*
268.7. Kreznar v. Wilson. (DC DC.)*
268.11. Lundquist v. Marine Engineers Beneficial Assn., Local 97. (Calif. Dist. Ct. of App., 1st Div.) For facts, see IV DOCKET 14, V DOCKET 52. Pl's. appeal from trial ct's. denial of damages pending.
268.12. Greene v. McElroy. (U.S.S.C.) (360 U.S. 474.) For facts, see IV DOCKET 96.

Case notes:

29 U. of Cin. L. Rev. 144-147;

38 N.C. L. Rev. 253-260;

44 Minn. L. Rev. 771-787.

268.14. Cafeteria and Rest. Workers Union Local 743 and Brawner v. McElroy. (U.S.S.C., #97.) For facts, see IV DOCKET 47. CA DC (2-1) reversed, citing Greene, 268.12. Def's. Petition for rehearing en banc granted. CA DC (5-4) reversed, held gov'tal officers have unfettered power to control access to fed'l. property; Pet., as cook, could work anywhere, therefore Def's. action in causing her loss of employment for security reasons did not totally debar her from employment. Edgerton, Fahy, Bazelon and Washington, JJ., dissenting. Issue: unconstitutionality of dismissal of civilian non-governmental employee at cafe within Naval Gun Factory without disclosure of security requirements, statement of grounds, or hearing. Petition for certiorari pending.

Bernard Dunau, Esq., 912 Dupont Circle Bldg., NW, Washington, D.C.

268.17. Haber v. Gates. (DC DC.)*

Comment:

New procedures for industrial security hearings, 28 Geo. Wash. L. Rev. 886-904.

269. Private employment — Other

269.1. Faulk v. AWARE, Inc., et al. (Sup. Ct., N.Y. Co.)*
270. Criminal Penalties for Non-disclosure (see also 330)
271. Congressional Committees (see also 222, 330)
And see Meisenbach, 51.11.

Pamphlet:

Harvey O'Connor, McCarthy Goes Marching On, Union of Democratic Control, 13 Prince of Wales Terrace, London, W.8 England.

Law review articles:

Michael C. Slotnick, The congressional investigating power, 14 U. of Miami L. Rev. 381-411.

Marvin Sumner, The First Amendment as a restraint on the power of Congress to investigate, 43 Marquette L. Rev. 459-482.

Comments:

Legislative investigating committees and the right of privacy, 5 S. Dak. L. Rev. 97-103.

Watkins v. U.S. re-examined, 58 Mich. L. Rev. 406-428.


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

Case notes:

20 La. L. Rev. 589-595;

28 Geo. Wash. L. Rev. 779-781;

14 Southwest L. Jour. 271-276.

- 81 -

271.9. Russell v. U.S. (U.S.S.C., #239.) For facts, see IV DOCKET 15, V DOCKET 53. Petition for certiorari pending; Gov't. filed opposition to granting cert.
271.10. Deutch v. U. S. (U.S.S.C., #233.) For facts, see IV DOCKET 15, V DOCKET 53. Petition for certiorari pending.
271.12. Gojack v. U.S. *
271.13. U. S. v. Metcalf. (SD Ohio.)*
271.15. Shelton v. U. S. (U.S.S.C., #246.) For facts, see IV DOCKET 15, V DOCKET 53. Petition for certiorari pending.
271.16. U. S. v. Whitman. (U.S.S.C., #300.) For facts, see IV DOCKET 15, V DOCKET 8. CA DC affirmed conviction. Petition for certiorari pending.
271.19. Price v. U. S. (U.S.S.C., #331.) For facts, see IV DOCKET 16, V DOCKET 53. Petition for certiorari pending.
271.20. Liveright v. U. S. (U.S.S.C., #328.) For facts, see IV DOCKET 16, V DOCKET 53. Petition for certiorari pending.
271.23. U. S. v. Sullivan. (SD NY, #152-238.)*
271.24. U. S. v. Yarus aka Tyne. (SD NY., #15586.)*
271.25. U. S. v. Seeger. (SD NY.)*
271.27. U. S. v. Hartman. (CA 9.)*
271.28. U. S. v. Grumman. (CA DC.)*
271.29. U. S. v. Silber. (CA DC.)*
271.30. U. S. v. Feuer. (ED La., #26,322.)*
271.31. Wilkinson v. U. S. (U.S.S.C., #37.) (c.g. 362 U.S. 926.)*
271.32. Braden v. U. S. (U.S.S.C., #54.) (c.g. 362 U.S. 960.)*
271.33. Yellin v. U.S. (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. Turoff v. U.S. (CA 2.)*
271.39. Goldfine v. U.S. (U.S.S.C.) For facts, see V DOCKET 8. June 27, 1960: U.S.S.C. denied certiorari.
271.40. U. S. v. O'Connor. (ND N.J.)*
271.42. U. S. v. Popper. (DC DC.)*
271.43. Wheeldin v. U.S. (CA 9.)*
271.44. U. S. v. Alexander. (DC DC.)*
271.45. Hutcheson v. U.S. (CA DC, #15,906.)*
271.46. U.S. v. High. (DC DC.) 1958: Def.-editor failed to appear before Senate Comm. pursuant to subpoena. June 3, 1960: after plea of guilty of contempt of Congress, Def. sentenced to 5 mths., $500. fine.
271.47. Re Colt, Tobin and Carty. (U.S. House of Reps.) June, 1960: House Judiciary Comm. subcomm. subpoenaed all records of Port of N.Y. Auth., including internal working papers, re persons who might have received profitable insurance contracts or other concessions. N.Y. and N.J. Governors ordered relators — Auth. officials — to withhold internal working papers. Aug. 23, 1960: House of Reps. cited Rels. for contempt of Congress. Pending before Dept. of Justice.
271.a. Pauling v. Senate Internal Security Subcomm. (U.S.S.C.) June, 1960: Senate Internal Security Subcomm. ordered Pet. in return in Sept. to testify to names of 11,021 scientists from 49 countries who signed petition urging end to nuclear tests. Pet. refused to provide names of those who circulated petition on grounds of "personal conscience, morality and justice". Aug. 23, 1960: DC dismissed Pet's. complaint for declaratory judgment and injunction; denied stay of Comm. order pending appeal. Sept. 7, 1960: CA DC affirmed denial. Petition for certiorari pending.

A. L. Wirin, Esq., 257 S. Spring St., Los Angeles.

And see cases at 222.

272. State committees
And see cases at 223.
272.2. Uphaus v. Wyman, Atty. Gen. of New Hampshire. (U.S.S.C., #336.) (102 N.H. 461, 159 A. 2d 160.) For facts, see IV DOCKET 97, V DOCKET 8, 29, 54. June 27, 1960: N.H. Sup. Ct. denied Pet. bail pending appeal to U.S.S.C. Jy. 7, 1960: Frankfurter, J. denied bail pending appeal.

Case note:

20 La. L. Rev. 595-600.

272.3. DeGregory v. Wyman, Atty. Genl. of N.H. (N.H. Sup. Ct.) For facts, see IV DOCKET 16, 97, V DOCKET 8, 29. June, 1960: Def. convicted in Super. Ct. of contempt for refusal to answer Atty. Gen'l's. questions re Communist Party membership; 1 yr. sentence. Jy. 20, 1960: N.H. Sup. Ct. ordered Def. released on bail pending appeal.
272.4. N.A.A.C.P., Va. Conference of N.A.A.C.P., et al. v. Ames. (ED Va.)*
272.10. Florida Legislative Investigating Comm. v. Rev. Gibson and Rev. Graham. (Fla. Sup. Ct.) See Graham, 272.9, IV DOCKET 98. Jy. 27, 1960: Def.-Negro ministers refused on First Amendment grounds to produce N.A.A.C.P. membership lists to Pl.-Comm. Aug. 30, 1960: Cir. Ct. convicted Defs. after trial; 6 mths. and $1,200. fine each. Sept. 6, 1960: hearing in Fla. S. Ct. on petitions for bail pending appeal and allowing appeal.

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., #33.) For facts, see IV DOCKET 17, V DOCKET 29. Oct. 18, 1960: argument.
280. Civil Penalties for Non-disclosure (see also 340)

- 82 -

280.1. Nostrand, et ano. v. Little, et al. (Wash. Sup. Ct.) (362 U.S. 474.) For facts, see IV DOCKET 17, V DOCKET 8, 54. Sept. 21, 1960: reargument before Wash. Sup. Ct. en banc.
280.5. Matter of N.Y. Bd. of Education v. Allen, et al. (Sup. Ct. Manhattan.) For facts, see IV DOCKET 18, 74, V DOCKET 29. After trial by NYC Bd. of Educ., Hearing Officer found 6 teachers guilty of false swearing re Communist Party affiliation in 1940s. Appeal pending.
280.8. Allen v. Office Employees Intl. Union, et al. (King Co. Super. Ct.) For facts, see IV DOCKET 18, 49. Trial date: Nov. 15, 1960.
280.11. Wirin v. Ostly. (Los Angeles Dist. Ct. of App.)*
280.12. Huntington Beach Union High School Dist. v. Collins. (Santa Ana Super. Ct., #86390.) For facts, see V DOCKET 54. Appeal pending.

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

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., ##3, 10, 71.) (c.g. 363 U.S. 801.)*

And see West, 291.20.

291.6. Killian v. U.S. (U.S.S.C., #141.) (275 F. 2d 561.) For facts, see IV DOCKET 18, V DOCKET 30. CA 7 denied petition for rehearing. Petition for certiorari pending.
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.)*

And see R. Dennis, 203.3.

292. Government Security Questionnaires

292.2. Ogden v. U.S. (SD Calif., C. Div., #27951 Cr.) Oct. 3, 1967: Def. filed certificate of non-affiliation with Communist Party on Defense Dept. Personnel Security Questionnaire, hired as civilian writer for defense contractor. Sept. 1959: indicted under 18 U.S.C. 1001 for false denial of past or present membership, and affiliation, in Party. Jy. 22, 1960: DC found Def. guilty.

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

Law review article:

Costanzo, Joseph F., S.J., Loyalty oath affidavit, 37 U. of Det. L. Jour. 718-728.

293. Miscellaneous
295. Right of Privacy

295.1. Re Nedrow and Shipman. (Calif. Unemp. Comp., Division of Appeals, L.A. ##04905, 06119.) Mar. 15, 1960: S. Calif. Music Co. and Thearle Music Co. ordered all employees to take polygraph tests as condition of continued employment. Claimants, and others, refused and were discharged or quit. Unemployment compensation benefits were denied. Jy. 11, 1960: on appeal, Div. of App. Referee reversed, held: "The condition of undergoing a lie detector test was not a condition of employment at the time of hire and the claimants cannot, therefore, be held to have breached a contractual obligation. The referee cannot, therefore, find that the claimants refusal to submit to the test was conduct evincing a wilful or wanton disregard of the employer's interests. Rather, the referee finds that to require the claimants to undergo a lie detector test as a new condition of employment was in fact an invasion of their personal privacy and their refusal was justified. It is, therefore, held that these claimants who were discharged by the employer were not discharged for misconduct within the meaning and intent of the Unemployment Insurance Code".

Irwin Gostin, Esq., 326 Broadway, San Diego.

Law review articles:

William L. Prosser, Privacy, 48 Cal. L. Rev. 383-423.

Joe C. Medina, Invasion of the right of privacy — status in Colorado, 37 Dicta 107-114.

Case notes:

Invasion of privacy — oral communications: Biederman's of Springfield, Inc. v. Wright, (322 S.W. 2d 892, Mo. 1959), 25 Mo. L. Rev. 205-208.

Manner of publication determinative of action for invasion of privacy: Aquino v. Bulletin Co., (Pa. Super., 154 A. 2d 422, 1959), 9 Buff. L. Rev. 362-369.

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

Comment:

The Caryl Chessman Case: a legal analysis, 44 Minn. L. Rev. 941-997.

300. Searches and Seizures
Law review article:

Reymond J. Hagan, Impounding and the subpoena duces tecum, 26 Brooklyn L. Rev. 199-240.

Comments:

The Constitutionality of civil inspections, 21 Mont. L. Rev. 195-202.

The Constitutional limits of discovery, 35 Ind. L. Jour. 337-350.

Case note:

Illegal search and seizure — writ of prohibition: In re Raymo's Petition, (154 A 2d 487, Vt. 1959), 40 B.U.L. Rev. 304-307.

- 83 -

301. Wiretapping
Symposium:

The Wiretapping-eavesdropping problem: reflections on The Eavesdroppers, 44 Minn. L. Rev. 813-940:

A Legislator's View, Thomas C. Hennings, Jr., 813;

A Prosecutor's View, Edward S. Silver, 835;

A Defense Counsel's View, Edward Bennett Williams, 855;

A Private Investigator's View, Harold K. Lipset, 873;

A Professor's View, Yale Kamisar, 891.

Law review article:

Edward S. Silver, Law enforcement and wiretapping, 27 Tenn. L. Rev. 352-356.

Comment:

Federal Communications Act Sec. 605 held not to pre-empt state statutes punishing wiretapping: People v. Broady, (5 N.Y. 2d 500, 158 N.E. 2d 817, 186 N.Y.S. 2d 230, appeal dismd., cert. denied, 361 U.S. 8, 1959), 108 U. of Pa. L. Rev. 1224-1230.


301.11. U.S. v. Silverman. (U.S.S.C., #66.) (275 F. 2d 173.) For facts, see V DOCKET 9, 30. CA DC denied petition for rehearing. May 31, 1960: U.S.S.C. granted petition for certiorari.

Case notes:

6 Howard L. Jour. 218-222;

31 Miss. L. Jour. 306-308;

46 Va. L. Rev. 995-998.

301.12. Pugach v. Dollinger. (U.S.S.C., #111.) For facts, see V DOCKET 30, 55. Corrected statement: N.Y. Sup. Ct. granted Dist. Atty's. motion to use wiretap evidence in prosecution of Pl. Feb. 11, Mar. 26, and May 16, CA 2 granted Appellant's motion to stay use of wiretap evidence, pending final disposition of issue by U.S.S.C. Jy. 12, 1960: CA 2 defined Feb. 11 order to include evidence developed as result of use of wiretap. Jy. 5, 1960: Bx. Co. Sup. Ct. granted Def's. mistrial motion. Date for new trial: Sept. 12. June 27, 1960: U.S.S.C. granted certiorari.
302. Other Federal cases

302.9. U. S. v. Abel (U.S.S.C.) For facts, see IV DOCKET 19, 50, 75, V DOCKET 55. Cite: 362 U.S. 217.
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.

Case note:

24 Albany L. Rev. 422-427.

302.13. Rios v. U.S. (U.S.S.C., #52.) For facts, see V DOCKET 30, 55. June 27, 1960: U.S.S.C. (5-4) vacated conviction, citing Elkins, 302.14, and remanded to DC for decision on lawfulness of policemen's conduct. Stewart, J.: "The seizure can survive constitutional inhibition only upon a showing that the surrounding facts brought it within one of the exceptions to the rule that a search must rest upon a search warrant". Frankfurter, Clark, Harlan, Whittaker, JJ., dissenting.
302.14. Elkins and Clark v. U.S. (U.S.S.C., #126.) (266 F. 2d 588.) Defs. indicted in DC Ore. for intercepting and divulging telephone communications, and conspiracy to do so. Before trial, Defs. made motion to suppress as evidence tape and wire recordings and recording machine originally seized by state law officers in home of Def., under circumstances two state cts. had found rendered search and seizure unlawful. DC denied motion, under "silver platter" doctrine; articles admitted at trial; Defs. convicted; CA 9 affirmed. June 27, 1960: U.S.S.C. (5-4) vacated conviction, rejected rule of Weeks, 232 U.S. 383, considering effect of Wolf v. Colo., 338 U.S. 25, particularly in view of Calif. experience under exclusionary rule of People v. Cahan, 44 Cal. 2d 434. Stewart, J., for majority: ". . . we hold that evidence obtained by state officers during a search which, if conducted by fedl. officers, would have violated the Def's. immunity from unreasonable searches and seizures under the Fourth Amendment is inadmissible over the Def's. timely objection in a fedl. criminal trial. In determining whether there has been an unreasonable search and seizure by state officers, a fedl. ct. must make an independent inquiry, whether or not there has been such an inquiry by a state ct. and irrespective of how any such inquiry may have turned out. The test is one of fedl. law, neither enlarged by what one state ct. may have countenanced, nor diminished by what another may have colorably suppressed". Frankfurter, Clark, Harlan, Whittaker, JJ., dissenting.

Frederick Bernays Wiener, Esq., Washington, D.C.

Case note:

Fourth Amendment does not bar or prevent use in federal criminal prosecution of evidence obtained by police officers during search: U.S. v. Evans, (179 F. Supp. 834, D.C. Md., 1960), 6 Howard L. Jour. 222-225.

Case notes:

Information given state officer by FBI agent is not fed'l. cooperation: U.S. v. Camara, (271 F. 2d 787, 7th Cir. 1959):

35 Notre Dame Law. 461-463;

35 U. of Det. L. Jour. 755-759;

46 Va. L. Rev. 587-594.

303. Other State cases

303.5. Franklin, et al. v. Gough, et al. (Los Angeles Super. Ct.)*
303.9. Eaton v. Price, Dayton Police Chief. (U.S.S.C., #30.) (105 Ohio App. 376, 152 N.E. 2d 776, 168 Ohio St. 123, 151 N.E. 2d 523.) For facts, see IV DOCKET 19. June 27, 1960: U.S.S.C., equally divided, affirmed judgment adverse to Rel., arrested for refusing to permit housing inspector to enter Rel's. premises under ordinance upheld by Ohio Sup. Ct. Brennan, J., Warren, C.J., Black and Douglas, JJ., dissenting.

Greene Chandler Furman and Elbert E. Blakely, Esqs.

- 84 -

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

Case note:

14 U. of Miami L. Rev. 473-478.

303.10. Swanson v. McGuire, et al. (ND Ill., #57-C-1164.) For facts, see IV DOCKET 19. Trial date: Sept. 14, 1960.
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. (U.S.S.C.) For facts, see IV DOCKET 100, V DOCKET 31, 56. CA 9 affirmed dismissal. Petition for certiorari to be filed.
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, 56. Cite: 163 N.E. 2d 142.

Case note:

Limitation on expanding scope of legality of searches and seizures in Michigan: People v. Gonzales, (356 Mich. 247, 97 N.W. 2d 16, 1959), 9 Buff. L. Rev. 382-390.

310. Indictment
311. Composition of grand jury (see also 510)
312. Character of evidence
Law review article:

The Jencks legislation: the status of the accused's federal discovery rights, 38 Texas L. Rev. 595-613.

Comment:

Areas of disclosure of grand jury testimony under New York and federal procedures, 11 Syra. L. Rev. 225-234.

Case note:

Trial judge may allow defense counsel to inspect grand jury transcript prior to trial: State v. Faux, (9 Utah 2d 350, 345 P. 2d 186, 1959), 46 Va. L. Rev. 1002-1006.


312.16. Needelman v. U.S. (U.S.S.C.) For facts, see V DOCKET 10, 56. Cite: 362 U.S. 600.
312.17. Zborowski v. U.S. (CA 2.) (271 F. 2d 661.) For facts, see V DOCKET 31.2.

Case note:

9 Amer. U. L. Rev. 154-158.

312.20. New Jersey v. Corbo. (N.J. Sup. Ct.) For facts, see V DOCKET 56. Cite: 160 A. 2d 625.
312.21. Thompson v. City of Louisville, et al. (U.S.S.C.) For facts, see V DOCKET 56-7. Cite: 362 U.S. 199.

Case note:

62 W. Va. L. Rev. 384-388.

312.22. Coakley v. Dist. of Columbia. (CA DC, #15,858.) Def.-Georgetown Univ. student, as member of Univ. medical plan, consulted private Dr. on campus, who allegedly uttered and published the fact that Def's. illness was due to "activities with the women". Def. complained to Dr. in letter and in person during examination Feb. 24, 1960. Def. arrested by policeman (called by Dr.) who overheard conversation, jailed, removed to Dist. Genl. Hospital for mental observation, thereafter released. June 16, 1960: Def. said at school he was planning to sue Dr.; Def. thereafter charged with disturbing the peace. At Muni. Ct. trial, policeman testified Def. had refused to execute affidavit releasing Dr. from liability if policeman dropped charge against him. Def. convicted; $10. fine. Sept. 16, 1960: CA DC (2-1) denied petition for allowance of appeal, Fahy, J. dissenting. Petition for reconsideration pending.

Benedict F. FitzGerald, Jr., Esq., 983 Natl. Press Bldg., Washington, D.C.

312.23. Tomaiolo v. U.S. (CA 2.) 1955: Long Island bank robbed. 1955-1960: Def. arrested, tried, convicted, reversed on appeal; re-tried, jury disagreed; re-trial, convicted. Jy. 15, 1960: CA 2 again reversed, because Dist. Atty. opposed and DC denied Def's. motion to examine unsigned pretrial statements of Gov't. witnesses. Remanded for fourth trial.

Ct.-appointed counsel (thru Legal Aid Society): Marvin E. Frankel, Esq., 300 Park Ave., Shirley Fingerhood, Esq., 20 E. 46th St., and Anthony F. Mara, Esq., all of NYC.

312.24. Maryland v. Cherry. (Balt. Crim. Ct.) Je. 6, 1960: Crim. Ct. held Md. Common Thief Law, permitting conviction on evidence of reputation or habit, violates due process clause in Fourteenth Amendment and Md. Constitution.
313. Entrapment

313.1. Sherman v. U.S. (U.S.S.C.) (356 U.S. 369, 1958.) For facts, see III DOCKET 77.

Case note:

1960 Wis. L. Rev. 536-548.

314. Conspiracy

314.2. Schaffer v. U.S. (U.S.S.C.)

and

314.3. Karp v. U.S. (U.S.S.C.) For facts, see V DOCKET 10, 57. Cite: 362 U.S. 511.
314.4. Bonanno v. U.S. (CA 2.) (177 F. Supp. 106, 178 F. Supp. 62, 180 F. Supp. 71.) Nov. 14, 1957: 63 men arrested by N.Y. police at Apalachin home of alleged leader of criminal activities. During questioning by Fedl. grand jury in SD NY, the men gave various reasons for their presence there. 1959: 27 named as Defs., and 36 as coconspirators but not Defs.; charge: conspiracy to conceal from grand jury true purpose of Nov. 14 gathering by false, fictitious, evasive testimony and contumacious and perjurious statements; to make false statements under oath; to obstruct and
- 85 -

impede due administration of justice. Dec. 18, 1959: after 2-month trial, 1 acquitted by DC, 20 convicted, sentenced. Appeal to CA 2 pending. Issues: evidence insufficient to prove conspiracy to obstruct justice; mass trial prevented fair trial; evidence obtained by illegal search and seizure by police should have been inadmissable; prejudicial newspaper and TV publicity militated against fair trial; indictment insufficient to state fedl. offense because no allegation Apalachin meeting unlawful.

Case note:

35 Notre Dame Law. 446-450.

Case note:

Effect of a nolle prosequi as to co-conspirators: Cline v. State, (319 S.W. 2d 227, Tenn. 1958), 14 Ark. L. Rev. 174-176.

And see R. Dennis, 203.3; West, 291.20.

320. Double Jeopardy
Case notes:

Double jeopardy — habeas corpus: Gomez v. Superior Court, (50 Cal. 2d 640, 328 P. 2d 976, 1958), 11 Hastings L. Jour. 480-482.

Trial of def. for higher offense after suspension of trial for lesser one may constitute double jeopardy: Application of Williams, (85 Ariz. 109, 333 P. 2d 280, 1958), 2 Ariz. L. Rev. 133-135.

Double jeopard a bar to prosecution for greater offense after reversal of conviction for lesser offense: State v. Schoel, (341 P. 2d 481, Wash. 1959), 28 Fordham L. Rev. 837-840.

Conviction of lesser included offense bars retrial of greater where conviction is reversed: State v. Williams. (30 N.J. 105; 152 A. 2d 9, 1959), 12 S.C.L. Quart. 465-468.

Acquittal for felony murder not bar to subsequent prosecution for underlying felony: People ex rel. Sanangelo v. Tutuska, (19 Misc. 2d 308, 192 N.Y.S. 2d 350, Sup. Ct., 1959), 11 Syra. L. Rev. 290-292.

321. Federal cases

321.4. Abbate v. U.S. (U.S.S.C.) (359 U.S. 187.) For facts, see IV DOCKET 52, 76, 101.

Case notes:

27 Tenn. L. Rev. 412-417;

45 Cornell L. Quart. 574-580.

322. State cases

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

Case note:

45 Cornell L. Quart. 574-580.

330. Self-incrimination: Criminal Sanctions (see also 270)
Law review articles:

Lewis Mayers, The federal witness' privilege against self-incrimination, 4 Am. Jour. of Legal Hist. 107-141.

Manfred Pieck, Witness privilege against self-incrimination in the civil law, 5 Villanova L. Rev. 375-406.

Comment:

Federal-state cooperation in the area of self-incrimination and double jeopardy, 55 N.W.U. L. Rev. 110-122.

Case note:

Attorney in possession of documents prepared by client-taxpayer's accountant held unable to invoke Constitutional privilege against self-incrimination on behalf of client: U.S. v. Boccuto, (175 F. Supp. 886, D. N.J., appeal dism., 274 F. 2d 860, 3rd Cir. 1959), 108 U. of Pa. L. Rev. 1071-1077.

331. Congressional Committees

331.7. U.S. v. William Davis. (ED Mo., E. Div., #28721 Cr.) For facts, see IV DOCKET 20. Aug. 4, 1959: Ct. dismissed indictment.
331.10. U.S. v. Presser. (CA DC.)*
332. State Committees
See De Gregory, 272.3.
333. Grand juries and tribunals

333.10. Mills v. Louisiana. (U.S.S.C.) For facts, see IV DOCKET 53, 102. Cite: 360 U.S. 230.

Case note:

20 La. L. Rev. 584-589.

333.15. Hashagen v. U.S. (CA 9.) Dec. 2, 1959: Def. allegedly received $800. money order and jewelry from one Mickey Cohen following murder of one Whalen. May 12, 1960: Fedl. grand jury questioned Def., who declined to answer questions about money order and jewelry on grounds of self-incrimination. DC ordered Def. held in contempt until she purged herself by answering. May 20, 1960: CA 9 reversed DC, ordered Def. released: "The [Fifth] Amendment must be liberally construed . . . to sustain fully the basic right it was designed to protect".

Law review article:

Merle L. Silverstein, Federal grand jury testimony and the Fifth Amendment, 1960 Wash. U. L. Quart. 215-238.

Comment:

Self-incrimination before a federal grand jury, 45 Iowa L. Rev. 564-574.

Case notes:

Subpoenaing prospective Def. as violative of provilege against self-incrimination: People v. Steuding, (6 N.Y. 2d 214, 160 N.E. 2d 468, 189 N.Y.S. 2d 166, 1959):

28 Fordham L. Rev. 843-845;

34 St. John's L. Rev. 131-134.

- 86 -

334. Grants of immunity: federal

334.3. Reina v. U.S. (U.S.S.C., #29.) (170 F. Supp. 592, 273 F. 234.) Def.-witness before fedl. grand jury claimed Fifth Amendment privilege in declining to answer questions. Def. granted immunity under Crim. Code 18 U.S.C. 1406, continued to decline to answer. DC, in contempt proceeding, did not inform Def. as to extent of immunity granted or whether it extended to state prosecution; Def. convicted of contempt. CA 2 affirmed. Apr. 4, 1960: U.S.S.C. granted certiorari.

Allen S. Stim and Menahem Stim, Esqs., 29 Broadway, NYC.

335. Grants of immunity: state

335.5. Ohio v. Slagle, et al. (U.S.S.C., #105.)*
336. Criminal registration laws
337. Miscellaneous
340. Self-incrimination: Civil Sanctions (see also 280)
341. Army discharges (see also 253)
342. Employment — Public teachers (see also 262, 267)

342.3. Lowenstein v. Newark Bd. of Educ. (N.J. Sup. Ct.) For facts, see IV DOCKET 54, 103, V DOCKET 11. Jy. 18, 1960: N.J. Sup. Ct. reversed discharge of Pl.-teacher, and remanded, holding that where teacher disavowed present and recently past association with Communist Party, interrogation by Sup't. as to prior association not justified in absence of basis for doubting disavowal. On remand, Sup't. directed that, if there was basis for doubt of present disavowal, he must disclose substance of information forming basis for such doubt, together with general description of source thereof.
342.4. Mass. v. San Francisco Bd. of Educ. (Cal. Super. Ct.)*
342.12. Bd. of Educ., Philadelphia v. Watson. (Pa. Sup. Ct.) For facts, see V DOCKET 33, 58. Cite: 163 A. 2d 60.
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.

Case notes:

58 Mich. L. Rev. 790-793;

31 Miss. L. Jour. 301-302.

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. Pl. died prior to re-trial. Dismissed on stipulation.
344.8. Watterman v. S. Calif. Gas Co. (Los Angeles Super. Ct.)*
344.9. Sief, et al. v. Bethlehem Steel Co. and United Steelworkers Union. (Balt. City Super. Ct.)*
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., #84.) (c.g. 363 U.S. 810.) For facts, see V DOCKET 58.*

Theodore Kiendl, Esq., 15 Broad, NYC.

Case notes:

26 Brooklyn L. Rev. 292-295;

20 La. L. Rev. 743-749.

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.) For facts, see V DOCKET 58.

Case note:

33 Temple L. Quart. 443-446.

350. Due Process
351. Delay in arraignment
Law review article:

Caleb Foote, A comment on pre-trial commitment of criminal Defs., 108 U. of Pa. L. Rev. 832-846.

Comment:

Failure to promptly hold preliminary hearing as bar to conviction, 36 N. Dak. L. Rev. 133-140.

352. Grand Jury procedures
Case note:

Grand jury report critical of individuals on their private capacity disallowed: In re Grand Jury Report concerning investigations, (193 N.Y.S. 2d 553, Ct. Gen. Sess. 1959), 35 N. Dame Lawyer 450-452.

353. Confessions

353.3. Reck v. Ragen. (U.S.S.C., #181.) (274 F. 2d 250.) For facts, see IV DOCKET 23, 103, V DOCKET 58. U.S.S.C. granted petition for certiorari.
- 87 -

353.4a. Spano v. New York. (U.S.S.C.) (360 U.S. 315.) For facts, see IV DOCKET 103, V DOCKET 12.

Case note:

7 U.C.A. L. Rev. 511-515.

353.8. California v. Atchley. (U.S.S.C., #95.) (362 U.S. 987.)*
363.9. Ruocco and Marsala v. New York. (NY Sup. Ct., App. Div.-Brooklyn.) During trial for murder, Defs. alleged they had been beaten by police to force them to sign confessions; Dist. Atty. admitted allegations, made no attempt to explain Defs'. injuries. Defs. convicted of first-degree manslaughter; 30-50 yrs. Jy. 1960: App. Div. (4-1) reversed, criticized conduct of trial judge, Dist. Atty., state policemen; new trial ordered.
353.10. Bowden and Duffy v. New Jersey. (N.J. Super. Ct., App. Div.) During trial for robbery, Defs. alleged they had been beaten by N.J. police in order to obtain confessions. Bowden's father, N.J. policeman, testified to 2 rubber hoses, 17 inches long, in police station room known as "sweat box", "steam room", "third degree room"; Drs. and photographer testified to Def's. injuries infllicted while in custody. Trial Ct. labelled father's story "fantastic", convicted both Defs. Jy. 8, 1960: N.J. Super. Ct. reversed conviction of Bowden because of beating to obtain confession; reversed conviction of Duffy because 8 jurors had read article in newspaper headlined "Judge Accuses Cop of Lying About Police Brutality to Son". New trials ordered.
354. Unfair press releases
355. Perjured testimony (see also 312)

355.4. Sobell v. U.S. *

Case note:

Summary power to hold suspected perjurers in contempt for refusing to answer: People v. McCloskey, (160 N.E. 2d 647, N.Y. 1959), 7 U.C.L.A. L. Rev. 515-520.

356. Courts martial

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.

and

356.5. Kinsella v. Singleton. (U.S.S.C.) For facts, see IV DOCKET 79, V DOCKET 35. Cite: 361 U.S. 234.

and

356.6. Grisham v. Hagan. (U.S.S.C.) For facts, see V DOCKET 12, 35. Cite: 361 U.S. 278.

and

356.7. Wilson v. Bohlender. (U.S.S.C.) For facts, see V DOCKET 12, 35. Cite: 361 U.S. 281.

Law review articles:

John Rittenhouse, Courts-martial jurisdiction over civilians stationed overseas with U.S. troops, 37 Dicta 164-183.

Robinson O. Everett, Military jurisdiction over civilians, 1960 Duke L. Jour. 366-415.

Case notes:

45 Iowa L. Rev. 888-896;

46 Va. L. Rev. 576-587;

28 G. Wash. L. Rev. 913-918;

6 N.Y. Law Forum, 207-212;

28 Fordham L. Rev. 820-826;

8 Cath. U. of Am. L. Rev. 103-104;

12 Ala. L. Rev. 343-363;

62 W. Va. L. Rev. 380-384.

356.8. Bell v. U.S. (U.S.S.C., #92.) (181 F. Supp. 668.) U.S. Dept. of Army denied Pl-veteran pay for period he was Korean prisoner of war because Pl. defected while held prisoner. U.S. Ct. of Claims rejected Pl's. suit. Issue: whether Army, by unilateral administrative act rather than by court martial, can make such retroactive ruling. June 28, 1960: U.S.S.C. granted certiorari.

Robert E. Hannon, Esq., Castro Valley, Calif.

356.9. Re Michael J. Collins. (U.S. House of Reps.) 1954: Pet.-decorated veteran of Korean and World Wars court-martialed for burglary; convicted. Pet. expended large sums of money to prove his innocence. May 3, 1960: House of Reps. passed bill to pay $25,000. to reimburse Pet. for expenses incurred in establishing his innocence and for injustice resulting from court-martial, found to have been based on fraudulent evidence.
357. Naturalization proceedings (see also 259)
358. Expatriation, Denaturalization and Deportation proceedings (see also 258, 259)
Law review article:

Leonard B. Boudin, Involuntary loss of American nationality, 73 Harv. L. Rev. 1510-1531.

Comment:

Loss of nationality by service in a foreign army, 14 Wyo. L. Jour. 258-263.


358.8. Mackey v. Mendoza-Martinez. (SD Calif.) (362 U.S. 384.)*
358.15. Williams v. U.S. (U.S.S.C.)*
358.16. U.S. v. Costello. (U.S.S.C., #59.) (c.g. 362 U.S. 973.) For facts, see V DOCKET 35, 59*

Edward Bennett Williams, Agnes A. Neill, Vincent J. Fuller, Esqs., all of Washington, D.C.; Morris Shilensky, Esq., 120 Broadway, NYC.

358.51. Heikkila v. U.S. (CA 9.)*
358.52. Re Daniels. (Imm. Hg. Officer.)*
- 88 -

358.53. Kimm v. Rosenberg. (U.S.S.C.) (263 F. 2d 773.) For facts, see IV DOCKET 104. June 13, 1960: U.S.S.C. per curiam (5-4) affirmed Atty. Gen'l's. denial of Pet's. application for suspension of deportation because Pet. claimed Fifth Amendment privilege in refusing to answer whether he was member of Communist Party when asked by Imm. Serv. hearing officer, citing Internal Security Act of 1950, c. 1024, Sec. 22. Douglas, J. (with Warren, C.J., Black, J.) Dissenting: "If the question of Communist Party membership had never been asked and Pet. had never invoked the Fifth Amendment, can it be that he would still be ineligible for suspension?... I had assumed that invocation of the privilege is a neutral act, as consistent with innocence as with guilt... We therefore today make a marked departure from precedent when we attach a penalty for reliance on the Fifth Amendment". Brennan, J. (with Warren, C.J. and Douglas, J.) dissenting: when post-entry misconduct is charged, burden of proof on Gov't. Gov't. here presented no proof of Comm. Party membership. Petition for rehearing pending.
358.54. U.S. v. Sheng and Fu-mei. (CA DC.)*
358.55. Yee Choo Hin v. Immigration Service, San Francisco. (ND Calif.)*

Case note:

Effect of non-recognition of Communist China upon Immigration and Nationality Act of 1952: U.S. ex rel. Tom Man v. Murff, (264 F. 2d 926, 2d Cir. 1959), 28 Geo. Wash. L. Rev. 790-794.

359. Loyalty hearings (see also 251 and 268)
Case note:

Administratively determined discharge without hearing violates due process: Clackum v. U.S., (Ct. Cl. No. 246-56, 1960), 35 N. Dame Lawyer 457-560.

360. Speedy and Public Trial
370. Right to Counsel
371. Federal cases
372. State cases
Comment:

The right to counsel in misdemeanor cases, 48 Cal. L. Rev. 501-515.


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:

1960 Duke L. Jour. 457-464.

372.10. Parker v. Ellis. (U.S.S.C.) For facts, see V DOCKET 60. Cite: 362 U.S. 574.
372.11. Hudson v. North Carolina. (U.S.S.C.) 3 persons charged with robbery. Before pleading to indictment, Def.-18 yr. old asked trial ct. to appoint lawyer to defend him, because without funds and incapable of defending himself; Ct. denied motion. 3 pleaded not guilty; during testimony of state's first witness, counsel for Cain offered to represent other 2; trial ct. rejected offer because of conflict of interest. At conclusion of State's case, Cain's lawyer pleaded him guilty of petit larceny. During remainder of trial, Def. and other def. not represented by counsel; convicted; Def. sentenced to 3-5 yrs. June 20, 1960: U.S.S.C. (7-2) reversed, holding Def. protected by Cain's lawyer while present, but "The prejudicial position in which the pet. found himself when his codef. pleaded guilty before the jury raised problems requiring professional knowledge and experience beyond a layman's ken". Clark, Whittaker, JJ., dissenting.

William Joslin, Esq., Raleigh, N.C.

373. Indirect restrictions (see also 265, 345)

373.1. Re Gladstein. (DC Hawaii.)*
373.2. In re Sawyer *
373.8. Otto L. Tucker, Atty. v. 7th Dist. Comm. of Virginia State Bar. (Va. Sup. Ct. of App.) For facts, see V DOCKET 36. Petition pending for writ of error testing reprimand.

S.W. Tucker, Esq., 111 E. Atlantic St., Emporia, Va.; Oliver W. Hill, Esq., 118 E. Leigh St., Richmond, Va.

373.9. In re-Complaint of 4th Dist. Comm. of Virginia State Bar v. S. W. Tucker, Atty. (Co. Cir. Ct.)*
373.10. Application of Burke. (Ariz. Sup. Ct.) (87 Ariz. 336, 351 P. 2d 169.) App. admitted to practice law in Minn. 1930, Ill. 1936, moved to Ariz. and passed bar exam 1952. Sept. 25, 1953: Ariz. Bar Comm. on Examinations and Admissions, stating no specific charges or derogatory information, held App. "not a fit and proper person to be admitted". Sept. 28, 1959: App. applied to Ariz. Sup. Ct. for admission. Feb. 8, 1960: after Comm. investigation into App's. conduct 1953-1959, App's. presentation of letters of reference from Ill. Sup. Ct. judges, attys., Ariz. citizens, Comm. held "such hearing did not develop any facts adverse to the applicant", but recommended against admission on basis of "sealed confidential character report by the National Conference of Bar Examiners". Ariz. Sup. Ct. ordered App. admitted: "It is not the function of the committee to grant or deny admissions to the bar. That power rests solely in the Sup. Ct. The comm's. bounden duty is to 'put up the red flag' as to those applicants about whom it has some substantial doubt... In the final analysis — it being a judicial function — we have the duty of resolving those questions... on the basis of the competent evidence before us... Where, as here, the applicant has borne the burden of producing evidence of his good character, then he may not be excluded from the practice of law unless that good-character evidence is rejected by competent evidence
- 89 -

of character defects. Nothing appears in the open record which is in any way derogatory..."

Stephen W. Connors, Esq., Scott, Cavness and Yankee, Esqs., Phoenix, Ariz.

374. Opportunity for appellate review

374.1. Eskridge v. Washington State Board of Prison Terms and Paroles. (Wash. Sup. Ct., #33928.)*
374.10. Willis v. U.S. (U.S.S.C.) For facts, see V DOCKET 60. Cite: 362 U.S. 216.
374.11. Douglas v. Green. (U.S.S.C.) For facts, see V DOCKET 60. Cite: 362 U.S. 192.
374.12. Bailleaux, et al. v. Hatfield, et al. (DC Ore., # #9831-9834, 9847, 9861-9862.) Seven inmates of Ore. state penitentiary filed petitions alleging prison regulations denied them full access to cts. to appeal illegal confinements. Oct. 2, 1959: DC Judge Solomon held for Pets.: Defs. may not prohibit prisoners: 1) from studying law in their cells unless more adequate library facilities are provided; 2) buying law books; 3) from communicating with counsel and having access to legal materials even while in isolation. DC also held Defs. may not confiscate legal documents found on prisoners outside library or delay communications between prisoners and their counsel. Execution of decree stayed pending Defs'. appeal in CA 9.

Ct. appointed counsel: Richard W. Sabin, Esq., 310 Pioneer Trust Bldg.; William E. Love, Esq., Equitable Bldg.; Cecil Johnson, Esq., 211 Pioneer Trust Bldg.; Louise Jayne, Esq., 610 Am. Bank Bldg., all of Portland.

Amicus brief by Oregon Civil Liberties Union.

374.13. Whalen v. Banmiller. (Pa. Sup. Ct.) Pet., indigent prisoner, prepared petition for habeas corpus writ. Trial ct. rejected petition because no filing fee paid. Jy. 8, 1960: Pa. Sup. Ct. reversed, held U.S. Constitution precludes Pa. from requiring fee as condition in such case.
374.14. Newsom v. Smyth. (U.S.S.C.) (200 Va. 833, 108 S.E. 2d 369.) Pet. defended by own counsel at murder trial; convicted. Va. S. Ct. held Pet. not entitled to Ct.-appointed counsel on appeal. May 31, 1960: U.S.S.C. granted certiorari and leave to proceed in forma pauperis.
380. Confrontation
See Application of Burke, 373.10.

See Hannah v. Larche, dissent, 501.11a.

Comments:

The right to confrontation, 48 Georgetown L. Jour. 576-593.

Due process and right of confrontation — Jencks Act, 58 Mich. L. Rev. 888-904.

381. Criminal cases
People v. Prewitt. (Calif. Sup. Ct.) For facts, see IV DOCKET 106, V DOCKET 13. Cite: 52 Cal. 2d 330, 341 P. 2d 1.

Case notes:

12 S.C. L. Quart. 468-471;

7 U.C.L.A. L. Rev. 524-526.

382. Civil cases
See Burke, 373.10; Hannah, 501.11a.
390. Jury Trials (see also 510)

390.4. U.S. ex rel. Fletcher v. Cavell, Warden, Western State Pen. (CA 3.)*

Comment:

Community hostility and the right to an impartial jury, 60 Col. L. Rev. 349-380.

Case note:

Use of jurors, affidavits to impeach verdict: Bashford v. Slater, (96 N.W. 2d 904, Iowa, 1959), 45 Iowa L. Rev. 649-655.

400. Excessive Bail; Parole Conditions
401. Amount of bail
402. Conditions imposed
410. Cruel and Unusual Punishment
Comment:

Judicial limitation on constitutional protection against cruel and unusual publishment, 1960 Wash. U. L. Quart. 160-170.

411. Criminal cases

411.8. Texas v. Davis. (Tex. Bd. of Pardons and Paroles, TDC # 154,706.) For facts, see V DOCKET 36-7. Feb. 12, 1960: Bd. recommended commutation of sentence of Def. from death to life imprisonment; Gov. approved recommendation. Def. eligible for parole evaluation in Feb. 1969.
411.9. U.S. v. Fla. State Prison Guards. (SD Fla.)*
411.10. Newson v. California. (San Rafael Super. Ct.)*
412. Extradition

412.8. In re Williams. (ED Mich., N. Div.)*
412.9. Carbo v. U.S. (U.S.S.C.) (277 F. 2d 433.) While Def. serving time in N.Y. prison, U.S. Pros. in Calif. sought to bring Def. to Calif. for trial on another indictment. N.Y. authorities consented. Def. sued, questioning power of U.S. Pros. May 31, 1960: U.S.S.C. granted certiorari.
412.10. In re Albert Owings. (N.J. Gov. Meyner.) 1947: Def. escaped from S.C. chain gang. 1947-1960: Def. lived lawabiding life in New Jersey. 1960: Def. arrested at motel, held for extradition. Pending before Gov. Meyner.

Case note:

Extradition — political offenses: Ramos v. Diaz, (179 F. Supp. 459, S.D. Fla. 1959), 34 Tul. L. Rev. 847-850.

- 90 -

413. Civil cases
420. Illegal arrest

420.1. Re Mae Dean. (N.J. Super. Ct., Jersey City.) Jy. 4, 1956: Pet.-nurse entered Jersey City Medical Center, suffering from severe asthma attack. Jy. 24, 1956: Pet. removed to Hudson Co. Hospital for Mental Diseases. Aug. 1956: Pet. permanently committed to latter Hospital by Medical Center Staff. Sept. 1956: Pet. received shock treatments. 1956-1960: Pet. put to work as registered nurse without pay in Hospital. 1957: Hospital staff conference adjudged Pet. sane, did not release her. Feb. 1960: Pet. granted weekend passes; consulted counsel. Summer 1960: Pet. released on writ of habeas corpus.

Raymond H. Chasan, Esq., Jersey City, N.J.

420.2. Fletcher v. Dade Co. Prosecutor. (Dade Co. Ct.) Pl. reported murder to Def., jailed 81 days as material witness. Aug. 9, 1960: Pl. filed suit for $1,000,000. punitive damages and $5,000. for loss of salary, charging false imprisonment. Pending.
420.3. N.Y. v. Bowan. (Bronx Grand Jury.) Patrolman Goff deputized Def. to help subdue Poch, honor student. Def. arrested by Patrolman for felonious assault; Poch charged with juvenile delinquency. Aug. 8, 1960: Bronx Grand Jury rejected felonious assault charge against Def.; referred case to Special Sessions Ct. as misdemeanor.
420.4. Re Patrolman William O'Keefe. (N.Y. Co. Grand Jury.) May 6, 1960: Broughton, Negro veteran, arrested by Patrolman O'Keefe in Greenwich Village, charged with disorderly conduct. May 28, 1960: white passers-by witnessing arrest of Mabry, Negro veteran, by Patrolman O'Keefe in Greenwich Village, went to Charles St. station, demanded officer's arrest for assault. Jy. 1960: Broughton convicted of simple assault against O'Keefe; appeal pending. Jy. 1960: mistrial declared in trial of Mabry for assault against O'Keefe; retrial: Sept. 19, 1960. Jy. 14, 1960: grand jury dismissed proceedings against Patrolman O'Keefe.

Mark Lane, Esq., 211 E. 116th; Nathan Mitchell, Esq., 225 Broadway, both of NYC.

420.5. Illinois v. Cain. (Ill. App. Ct., 1st Dist., Div. 1, #47986.) Def.-real estate appraiser, carrying box, went shopping in self-service store where he was stopped by two store detectives who searched box til they saw it was paid for. Detectives then ordered Def. to sign form releasing store from liability for detaining customer, the form implying confession of guilt of larceny. Upon Def's. refusal to sign, Def. charged with larceny of 10c shopping bag. After Chi. Muni. Ct. bench trial, Def. convicted. Jy. 28, 1960: Ill. App. Ct. reversed conviction.

Joel J. Sprayregen, Esq., Ill. Civil Liberties Union, 19 S. LaSalle; William Brackett, Esq., 122 S. Michigan; Marshall Patner, Esq., 105 W. Adams, all of Chicago.

490. Miscellaneous Due Process

490.4. Pauling v. McElroy, Secy. of Defense. (U.S.S.C., #227.)*
490.6. Buxton and Poe v. Ullman, State's Atty. (U.S.S.C., ##60, 61.) (prob. juris. noted, 362 U.S. 987.)*

Case note:

58 Mich. L. Rev. 929-931.

490.6b. Tribel v. Ullman, Conn. State's Atty. (Conn. Sup. Ct. of Errors.) Young student couple sought injunction against Def's. enforcement of Sec. 53-32, 54-196, prohibiting use of contraceptives. Issue: right of married couples to engage in family planning. Super. Ct. sustained Def's. demurrer. Appeal to Sup. Ct. of Err.: Fall 1960.

Catherine G. Roraback, Esq., 185 Church St., New Haven, Conn.

490.6b. Rev. Willord and Rev. Livingston v. Ullman, Conn. State's Atty. (Conn. Super. Ct., New Haven Co.) Suit by Episcopalian and Lutheran ministers challenging constitutionality of Conn. Sec. 53-32, 54-196, prohibiting counseling of use of contraceptives, as invasion of First Amendment freedom of religious leaders to counsel parishioners to engage in family planning and utilize birth control information as dictated by their consciences and tenets of their churches. Awaiting trial.

Catherine G. Roraback, Esq., 185 Church St., New Haven, and Louise G. Farr, Esq.

Law review article:

Jack H. Hudson, Birth control legislation, 9 Cleveland-Marshall L. Rev. 245-257.

490.12. DeVeau v. Braisted. (U.S.S.C.) (11 Misc. 2d 661, 116 N.Y.S. 2d 751; 5 A.D. 2d 603, 174 N.Y.S. 2d 596; 5 N.Y.S. 2d 236, 157 N.E. 2d 165, 183 N.Y.S. 2d 793.) For facts, see IV DOCKET 58, V DOCKET 14. June 6, 1960: U.S.S.C. (5-3) affirmed, per Frankfurter, J.: 1) Sec. 8, N.Y. Waterfront Comm. Act—prohibiting waterfront unions from collecting dues if any of their officers are ex-felons — is not in conflict with Natl. Labor Relations Act or Labor-Management Reporting Act of 1959 nor subject to pre-emption doctrine, since Congress expressed approval of provision; 2) Sec. 8 is reasonable means for achieving a legitimate state aim and does not violate Fourteenth Amdt. due process clause; 3) Sec. 8 is not bill of attainder or ex post facto law. Brennan, J., concurs. Douglas, J. (Warren, C.J., Black, J.) dissenting: 1) it is inconsistent to affirm here without overruling Hill v. Florida, 325 U.S. 538; 2) N.Y. Act states it is not to be construed to limit organizational rights derived from other statutes, therefore 3) under supremacy clause (Art. VI), judgment should be reversed.
- 91 -

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

State Commission Reports:

Kansas Anti-Discrimination Commission, 1960 Report of Progress, (State Office Bldg., Topeka, Kan.)

Connecticut State Commission on Civil Rights, Civil Rights Bulletin, (State Office Bldg., Hartford, Conn.)

N.J. Division on Civil Rights, Division Review, (162 W. State St., Trenton, N.J.)

Michigan Fair Employment Practices Commission, 4 Years on the Job in Michigan, (129 Mason Bldg., Lansing, Mich.)

Comments:

The impartial constitutional principles supporting Brown v. Board of Education, 6 Howard L. Jour. 179-185.

Citizens in protest, 6 Howard L. Jour. 187-203.

The federal civil rights act: a judicial repeal, 9 De Paul L. Rev. 230-236.

The three-judge federal court in constitutional litigation: a procedural anachronism, 27 U. of Chi. L. Rev. 555-571.

Law review articles:

Harris Wofford, Jr., Notre Dame Conference on civil rights: a contribution to the development of public law, 35 N. Dame Lawyer 328-367.

Orvill C. Snyder, Justice by means of state law: national rights, 26 Brook. L. Rev. 184-198.

Thomas A. Gilliam, The impact of fed'l. subsidies on state functions, 39 Neb. L. Rev. 528-546.

Robert G. McPherson, Georgia Slave Trials, 1837-1849, 4 Am. Jour. of Legal History 257-285.

500. Elections
501. Racial discrimination
Law review article:

Ira M. Heyman, Fed'l. remedies for voteless Negroes, 48 Cal. L. Rev. 190-215.

Comments:

Fed'l. legislation to safeguard voting rights: The Civil Rights Act of 1960, 46 Va. L. Rev. 945-975.

Civil rights and universal franchise, 9 Cath. U. of Am. L. Rev. 85-97.

The gerrymander and civil rights, 1960 Wash. U. L. Quart. 292-301.


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., #32.)*

Case note:

11 Hast. L. Jour. 482.

501.6b. U.S. v. Alabama. (Macon Co., Ala.) (MD Ala.) (362 U.S. 602.)*
501.8. U.S. v. Raines. (Terrell Co., Ga.) (MD Ga., Americus, #442.) (362 U.S. 17.) For facts, see IV DOCKET 27, 59, 81, V DOCKET 15, 38. June 27-30, 1960: at trial, Negro college graduates testified they had been refused permission to register to vote on grounds of illiteracy for mispronouncing or misspelling words in constitutional section read to them by Registrar. Sept. 13, 1960: DC issued permanent injunction against Def.-Co. registrars using different colored application forms for Negroes and whites, administering more difficult literacy tests to Negroes, testing Negroes singly while testing groups of whites; ordered Defs. to enroll 4 Negroes on voter lists.

Case note:

58 Mich. L. Rev. 925-929.

501.9. Camacho v. N.Y.C. Bd. of Elections. (N.Y. Ct. of App., #43, 1959.) For facts, see IV DOCKET 28, 59. Nov. 19, 1959: N.Y. Ct. of App. affirmed dismissal of complaint without opinion.
501.11. U.S. v. McElveen and Thomas (formerly v. White Citizens Council.) (Bogalusa, La.) (ED La.) (362 U.S. 58, 180 F. Supp. 10.) For facts, see IV DOCKET 107, V DOCKET 38. Remanded to DC.
501.11a. Hannah, et al. v. Larche and Slawson. (Shreveport, La.) (U.S.S.C.) (363 U.S. 420.) For facts, see IV DOCKET 107, V DOCKET 15, 38. June 20, 1960: U.S.S.C. (7-2) reversed, by Warren, C.J.; held: 1) Congress authorized Civil Rights Commission to adopt Rules of Procedure denying witnesses right to be apprised of complaints against them, rights of confrontation and cross-examination of complainants; 2) Rules are similar to those used by Congressional investigating comms., administrative agencies, grand juries, and do not deny due process because Comm. not an adjudicative body, (thus distinguishing Greene v. McElroy, 360 U.S. 474, IV DOCKET 96, and Joint Anti-Fascist Ref. Comm., 341 U.S. 123.) Harlan (and Clark, JJ.) and Frankfurter, J., concurring. Douglas (and Black, JJ.) dissenting: "The Civil Rights Commission can hold all the hearings it desires; it can adduce testimony from as many people as it likes; it can search the records and archives for such information it needs to make an informed report to Congress . . . But when it summons a person, accused under affidavit of having violated the federal election law, to see if the charge is true, it either acts in lieu of a grand jury or of a committing magistrate. The sifting of criminal charges against people is for the grand jury or for judges or magistrates and for them alone under our Constitution. In my view no other accusatory body can be used that withholds the right of confrontation and cross-examination for those accused of federal crimes".

Case note:

35 Notre Dame Lawyer 440-442.

501.13. U.S. v. Citizens Council of Arcadia and Gibsland, and Culpepper, Registrar. (Bienville Parish, La.) (WD La.)*
- 92 -

501.15. U.S. v. First State Bank of Brownsville, Inc., Peoples Bank of Station, Inc., et al. (Haywood Co., Tenn.) (WD Tenn.) Sept. 13, 1960: U.S. Dept. of Justice filed civil suit under 1957 Civil Rights Act alleging Def.-Banks and 27 individual-Defs. used economic pressures to prevent Negroes from registering to vote by, inter alia: terminating share-crop and tenant farming relationships; terminating employment; refusing to sell necessary goods and services to certain Negroes either on credit or for cash; refusing to lend money to Negroes qualified for loans; refusing to deal with merchants suspected of selling to Negro customers. Pending.
501.16. Bazemore v. Bd. of Elections. (Bertie Co., N.C.) (N.C. Super. Ct., Windsor.) Pl.-Negro applied to register to vote. Registrar dictated sections of N.C. Constitution; graded Pl's. copy for spelling; found Pl. ineligible due to misspelling. May 21, 1960: on appeal to Def.-Bd., Pl., on advice of counsel, refused to take down dictated sections of N.C. Constitution; Bd. denied application. Sept. 6, 1960: Super. Ct. dismissed Pl's. complaint for failure to submit to dictation and spelling test administered by Def.-Bd. Appeal to N.C. Sup. Ct. to be filed.

James R. Walker, Esq., Weldon, N.C.

501.17. U.S. v. Voting Registrars. (Montgomery and Sumter Cos., Ala.) (DC Ala.) June, 1960: U.S. Atty. Genl. Rogers, acting under 1960 Civil Rights Act, asked Def.-Registrars to disclose their registration and voting statistics. June 6, 1960: Montgomery Co. (state) Cir. Ct. issued temporary injunction to prevent U.S. Dept. of Justice from examining such records in any co. in Ala. Jy. 14, 1960: Ala. Atty. Genl. moved in DC to dismiss U.S. complaint against Defs. Aug. 11, 1960: DC denied Ala. Atty. Gen'l's. motion, ordered Def.-Registrars to turn over Co. registration records to Justice Dept. agents, held 1960 Civil Rights Act constitutional.
502. Political discrimination
510. Juries
511. Federal employees
512. Racial discrimination

512.21. Venable v. West Virginia. (Raleigh Co. Cir. Ct.)*
513. Economic discrimination
514. Political discrimination
515. Discrimination against women
520. Education
Law review article:

William P. Rogers, Desegregation in the schools: the citizen's responsibility, 45 Corn. L. Quart. 488-513.

521. Challenge to unequal facilities

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

522.Ark2. Matthews et al. v. Launius, et al. (Bearden Dist.) (WD Ark., Civ., #570.)*
522.Ark3. Norwood, et al. v. Tucker, et al. (formerly Aaron v. McKinley.) (Little Rock.) (CA 8, #16586.) For facts, see IV DOCKET 29, 60. 82, 107, V DOCKET 16. Sept. 2, 1960: DC denied applications of 14 Negro students for admission to white high schools, sustained validity of Ark. and Little Rock pupil assignment laws, held Pls. must exhaust administrative remedies singly. Appeal pending in CA 8.
522.Ark5. Dove v. Parham. (Dollarway School Dist.) (CA 8.) (176 F. Supp. 242, 271 F. 2d 132, 181 F. Supp. 504, 183 F. Supp. 389.) For facts, see I VDOCKET 82, 108, V DOCKET 16, 62. Pl.-studnets given physical exams, intelligence tests, interviewed by psychiatrist; Def.-Bd. denied 3 applications for transfer to all-white schools. On appeal to DC, Ct. held: 1) not necessary for Pls. to pursue state ct. remedy; 2) racial factors had been considered by Bd.; ordered Bd. to submit affirmative plan to eliminate racial segregation. Bd. submitted plan: a) during transition period, race will be given consideration "as an existing fact"; b) transfers will be discouraged except in exceptional cases; c) set no time limit for "transition". Apr. 30, 1960: DC accepted plan as good faith start; rejected Pls. complaints against Bd's. denial of applications for transfer; retained jurisdiction to hear complaints. Aug. 30, 1960: CA 8 reversed; found Def.-Bd. applying constitutional Pupil Assignment Laws illegally; held: "After a lapse of six years we think a board should be required to come forth with something more objectively indicative as a program of aim and action than a speculative possibility wrapped in dissuasive qualifications . . . It is our view that the obligation of a school district . . . cannot be said to have been met by a process of applying placement standards, educational theories, or other criteria, which produce the result of leaving the previous racial situation existing, just as before". CA affirmed denial of complaint by 3 Pls.; remanded to DC.
522.Dela2. Evans, et al. v. Ennis, et al. (U.S.S.C.) For facts, see IV DOCKET 30, 82, 108, V DOCKET 16, 39, 62. Jy. 19, 1960: CA 3 vacated DC judgment which had approved state-wide "stair-step" plan, ordered Def.-Bd. to submit modified plan providing for full integration of all grades commencing with Fall 1961, to continue grade-by-grade integration until modified plan put into operation. Aug. 29: CA 3 denied Def's. petition for rehearing. Sept. 1: U.S.S.C., in special term, denied Def's. application for stay of CA order.
522.Dela9. Dennis, et al. v. Baker, et al. (Dover.) (DC Dela.)*
522.Fla2. Gibson, et al. v. Dade Co. Bd. of Public Instruction, et al. (SD Fla., #6978-M.)*
522.Fla3. Mannings, et al. v. Bd. of Public Instruction of Hills-borough Co. (Tampa.) (SD Fla., #3554.) (277 F. 2d 370.)*
522.Fla4. Re Lake Co. School Bond Issue. (Fla. S. Ct.)*
- 93 -

522.Fla5. Augustus, et al. v. Escambia Co. Bd. of Public Education. (Pensacola.) (ND Fla., #1064.) For facts, see V DOCKET 39. Oct. 25, 1960: pre-trial.

Charles F. Wilson, Esq., 507 W. Gadsden St., Pensacola, Fla.; Constance B. Motley, Esq., 10 Columbus Circle, NYC.

522.Fla6. Tillman v. Bd. of Public Inst., Volusia Co. (SD Fla., #4501.) Pl.-Negro parents sued for injunction against Def.-Bd. operating schools on racially segregated basis. Def.-Bd. brought state ct. suit for declaratory judgment on Fla. Pupil Assignment Laws. (See V DOCKET 64, 523.Fla2.) Defs. moved to stay this DC proceeding pending their state ct. suit. Jy. 18, 1960: DC denied Def's. motion for stay.

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

And see Bd. of Inst., 523.Fla2.

522.Ga3. Calhoun v. Latimer. (Atlanta.) (ND Ga., Atlanta Div., #6298.)*
522Ga4. Holmes v. Danner. (U. of Ga.) (ND Ga.) Class action filed against Def.-Registrar, U. of Ga., for admission of qualified Negro students. Sept. 14, 1960: hearing on Pl's. motion for preliminary injunction.

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

522.La1. Bush, et al. v. Orleans Parish School Bd., et al. (U.S.S.C.) For facts, see IV DOCKET 30, 60, 82, 108, V DOCKET 39, 62. June 1960: Def.-Bd. sought stay of DC order requiring integration in Sept. 1960; CA 5 denied stay; U.S.S.C. denied stay. Jy. 29, 1960: state ct. issued injunction against La. Gov. and Atty. Genl. carrying out desegregation plan ordered by DC beginning Sept. 1960. Aug. 27, 1960: 3-judge fedl. ct. held 7 La. school segregation statutes unconstitutional, restrained state ct. from enforcing Jy. 29 injunction. Aug. 30, 1960: DC postponed effective date of desegregation order until Nov. 14, 1960 on Def.-Bd's. representation that state ct. injunction had prevented it from implementing DC integration order. Aug. 30, 1960: La. Atty. Genl. noted direct appeal to U.S.S.C. from Aug. 27 fedl. ct. decision, applied for stay of Nov. 14, 1960 date. Sept. 1, 1960: U.S.S.C., in special term, denied stay, denied motion to vacate DC integration order.
522.La2. Hall, et al. v. St. Helena Parish School Bd., et al. (CA 5, #18523.) For facts, see IV DOCKET 30, V DOCKET 39, 62. Def.-Bd. and Def.-intervenor white parents filed appeal to CA 5; pending.
522.La3. Angel, et al. v. La. State Bd. of Educ., et al. (6 La. Trades Schools.) (CA 5, #18521.) For facts, see IV DOCKET 30, 62. Def.-Bd's. appeal pending in CA 5.
522.La4. Davis, Jr., et al. v. Baton Rouge Parish School Bd., et al. (ED La., Baton Rouge Div., #1662.)*
522.La6. Williams, et al. v. Prather, et al. (La. Northwestern State College.) (WD La., #5000.)*
522.La10. Henley, et al. v. La. State Univ. Bd. of Superivsors. (La. State U., New Orleans Branch.) (CA 5, #17421.)*
522.La11. Allen v. La. State Bd. of Educ. (Shreveport Trade School.) (CA 5, #18522.) Class action to enjoin exclusion of Negroes from Def's. Trade School. May 24, 1960: DC granted Pls'. motion for summary judgment. Def.-Bd's. appeal pending in CA 5.
522.Md5. Pettit v. Harford Co. Bd. of Educ. (DC Md., #11955.)*
522.Md6. Myers v. Md. Bd. of Public Welfare. (Md. Training Schools.) (Balt. City Cir. Ct., #A-142 File 40055.) Suit to enjoin racial segregation in state training schools for juvenile delinquents. Jy. 1, 1960: Ct. held these schools part of state public education system, statutes establishing racial segregation therein violate Fourteenth Amdt. due process and equal protection clauses, ordered Def.-Bd. to cease practices. Def's. appeal pending.
522.Mo1. Russell v. Adams, Heffley, et al. (Maplewood-Richmond Hts.) (St. Louis Co. Cir. Ct.)*
522.NJ1. Howard Savings Institution v. Tr., Amherst College, et al. (Essex Co. Super Ct., Chancery.) For Facts, see V DOCKET 63. Cite: 160 A. 2d 177.
522.NY3. Aug. 31, 1960: NYC Bd. of Educ. announced new policy permitting students in NYC jr. and sr. high schools to transfer from segregated and Puerto Rican public schools to under-utilized schools with large white student populations.
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.) (For facts, see IV DOCKET 32, 83, V DOCKET 17. After U.S.S.C. denied cert., Pl. graduated. Case closed.
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. (CA 4, #8127.) (179 F. Supp. 745.) For facts, see IV DOCKET 83, V DOCKET 39. Def.-Bd. granted Negro-Pls. requests for assignment to all-white school; granted transfers to all white teachers and pupils to other schools; transferred in Negro teachers and other Negro pupils. DC found Pls'. complaint moot, granted Def's. motion for summary judgment. Pls'. appeal on Bd's. actions pending in CA 4.
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. Sept. 21, 1960: DC held for Pls., directed Def's. to admit Negro pupils to previously all-white high schools in Co. within 30 days.
522.NC13. Becton, et al. v. Greene Co. Bd. of Educ., et al. (ED N.C., #458.) For facts, see V DOCKET 63.*

C. O. Pearson, Esq., P.O. Box 1428, Durham, N.C.

- 94 -

522.NC14. Wheeler v. Durham City Bd. of Educ. (MD N.C., #C-54-D-60.) For facts, see V DOCKET 63.*

C. O. Pearson, Esq., P. O. Box 1428, and William A. Marsh, Jr., Esq., P.O. Box 125, both of Durham, N.C.; Thurgood Marshall, Esq., N.A.A.C.P. Legal Defense & Educ. Fund, Inc., 10 Columbus Circle, NYC.

522.NC15. Vickers v. Chapel Hill Bd. of Educ. (MD N.C., #11-D-60.) For facts, see V DOCKET 63. DC denied Defs'. motions to strike and to dismiss. Def.-Bd. converted white school to which 7th grade-Pl. sought admission from grades 1-8 to grades 1-6, reassigned Pl. to all-Negro jr.-sr. high school; denied transfers to Negro pupils in higher grades. June 27, 1960: Def.-Bd. assigned 3 Negro first-graders to white schools in Sept. 1960. Oct. 3, 1960: trial of Pl's. suit in DC.

C. O. Pearson, Esq., P.O. Box 1428, Durham, N.C.; Thurgood Marshall and Jack Greenberg, Esqs., N.A.A.C.P. Legal Defense & Educ. Fund, Inc., 10 Columbus Circle, NYC.

522.SC1. Briggs v. Elliott. (Cladendon Co.) (ED S.C., #2657.)*
522.SC2. Brunson v. Bd. of Tr., Clarendon Co. School Dist. No. 1. (Clarendon Co.) (ED S.C., #7210.) For facts, see V DOCKET 63.*

Lincoln C. Jenkins, Jr., Esq., 1107½ Washington St., Columbia, S.C.; Matthew J. Perry, Esq., 371½ S. Liberty, Spartanburg, S.C.

522.Tenn5. Hayes v. Co. School Comm. of Rutherford Co. (MD Tenn., #2767.)*
522.Tenn6. Goss v. Bd. of Education. (Knoxville.) (ED Tenn., #3984.) For facts, see V DOCKET 40, 63. Aug. 19, 1960: DC approved Def.-Bd's. "stair step plan of desegregation with free transfers" for all save technical and vocational courses offered at one white high school, which Bd. was ordered to restudy.
522.Tenn7. Northcross, et al. v. City of Memphis, Bd. of Educ. (WD Tenn., #3931.)*
522.Tenn8. Mapp, et al. v. City of Chattanooga Bd. of Educ. (ED Tenn., #3564.) For facts, see V DOCKET 63. Cross-motions for summary judgment pending.

R. H. Craig, Esq., Chattanooga, Tenn.; Z. Alexander Looby and Avon Williams, Esqs., 327 Charlotte Ave., Nashville, Tenn.; Thurgood Marshall, Esq., N.A.A.C.P. Legal Defense and Educ. Fund, Inc., 10 Columbus Circle, NYC.

522.Tex5. Boson, et al. v. Rippy, et al. (formerly Borders v.) (Dallas.) (CA 5, #18046.) (133 F. Supp. 811, 233 F. 2d 796; c.d. 352 U.S. 878; 146 F. Supp. 485, 247 F. 2d 268; 250 F. 2d 690, 850; 275 F. 2d 850; and see 255 F. 2d 455.) For facts, see IV DOCKET 109, V DOCKET 63. DC accepted Def.-Bd. plan for tri-school plan: some all-Negro schools; some all-white schools; some integrated schools, with pupils choosing which type of school they would attend, ordered plan to begin Sept. 1961. Aug. 6, 1960: Dallas voted 30,324 against integration but 7,416 for integration in referendum suggested by DC to test public feeling, but election without legal effect. Pls. appeal from DC decision pending.
522.Tex7. Ross v. Peterson, Pres., Houston Independent School Dist. (formerly v. Rogers.) (DC Tex., Houston, #10,144.) For facts, see IV DOCKET 32, V DOCKET 63. Aug. 4, 1960: DC rejected Def.-Bd.'s. plan to integrate one high school, one jr. high and one elementary school as "a palpable sham and subterfuge designed only to accomplish further evasion and delay"; ordered integration of one grade each year starting with first grade in Sept. 1960. CA 5 refused Def's. petition for stay. Sept. 1, 1960: U.S.S.C. in special term, rejected Def's. plea for a stay. Sept. 6, 1960: Texas Atty. Genl. ruled Def.-Bd. would not lose $6 million in State aid if forced to integrate by fedl. ct. order. Sept. 6, 1960: CA 5 rejected Def's. appeal from DC integration order. Sept. 8, 1960: some few Negro first graders entered previously all-white schools.
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.) (ND Tex., Lubbock, #2631.)*
522.Tex13. Robinson v. Evans. (Galveston.) (SD Tex., #2643.) For facts, see V DOCKET 40. DC, on own motion, postponed trial date from June 20, 1960 till Jan. 1961 term.
522.Va1. County School Bd. v. Allen, et al. (Prince Edward Co.) (ED Va., #1333.) (266 F. 2d 507, 511.) For facts, see IV DOCKET 33, 83, 109, V DOCKET 17. Apr. 22, 1960: DC vacated inconsistent terms of previous judgment and entered order in accordance with CA 4 mandate that Def.-Bd. make plans for admission of pupils in elementary schools without regard to race and to receive and consider applications to this end "at the earliest practical day".
522.Va2. Crisp, et al. v. School Bd. (Pulaski Co.) (WD Va., Roanoke, #341.)*
522.Va3. Atkins, et al. v. School Bd., et al. (Newport News.) (ED Va., Newport News Div., #489.) For facts, see IV DOCKET 33. Aug. 24, 1959: case dismissed.
522.Va3a. Adkinson v. School Bd. (Newport News.) (ED Va., Newport News Div., #642.)*
522.Va4. Farley v. Turner. (formerly Beckett v. School Bd.) (Norfolk.) (CA 4, #8054.) (260 F. 2d 18, 181 F. Supp. 870.) For facts, see IV DOCKET 33, 62, 83, V DOCKET 17, 40, 64. June 28, 1960: CA 4 affirmed DC finding that Def.-Bd. applied Va. School Assignment Law in unconstitutional manner and direction to Def.-Bd. to desist from forwarding to Va. State Bd. of Educ. applications of Negro pupils seeking transfers to white schools.
522.Va4e. Hill v. School Bd. (Norfolk.) (CA 4, #8053.) This is companion appeal to Farley, 522.Va4. Sept. 9, 1960: CA 4 affirmed, per curiam, DC judgment sustaining Def.-Bd's. rejection of applications of certain Negro pupils for transfers to all-white schools. But CA held Negroes, on promotion to all-white or mixed school may not be subjected to tests if white pupils promoted to same schools are not;
- 95 -

arrangement under which assignments to first grade in primary schools are still on racial basis, and pupil so assigned required to remain unless reassigned on basis of criteria not applied to pupils who do not seek transfers, "does not meeting requirements of the law".
522.Va5. Allen, et al. v. School Bd. (Charlottesville.) (WD Va., #51.)*
522.Va6. Thompson, et al. v. School Bd. (formerly Hamm v.) (Arlington.) (ED Va., #1341.) For facts, see IV DOCKET 33, 62, 84, 109. CA 4 remanded to DC for further consideration in light of CA 4 decision in Jones, 522.Va15a. Jy. 21, 1960: trial in DC on 20 Negro pupils' applications for transfer; pending.
522.Va14. Warden, et al. v. School Bd. (Richmond.) (ED Va., Richmond, #2819.)*
522.Va15a. Jones, et al. v. School Bd. (Alexandria.) (CA 4, #7897.) (179 F. Supp. 280.) For facts, see V DOCKET 41. Feb. 2, 1960: DC did not transfer 5 Negro Pls. on proof by Def.-Bd. that 3 lived nearer Negro school than white school to which they sought transfers, 2 academically below average of schools to which they sought admission. Apr. 20, 1960: CA 4 affirmed. DC, on own motion, ordered Def.-Bd. to reconsider applications of 16 Negro pupils in light of CA decision. Bd. reported 13 of 16 reassigned on non-segregated basis for 1960-61 school year. Sept. 6, 1960: DC hearing on remaining 3 applications.
522.Va17. Walker v. School Bd. (Floyd Co.) (WD Va., Roanoke, #1012.) For facts, see V DOCKET 17. Sept. 8, 1960: DC issued permanent injunction against Def's. denying Pls. right to be enrolled in Co. schools Sept. 1960.
522.Va18. Brooks v. School Bd. (Galax.) (DC Va., Abingdon Div., #722.) For facts, see V DOCKET 17. June 28, 1960: action dismissed without prejudice on Pls'. motion.
522.Va19. Blair v. School Bd. (Grayson Co.) (WD Va., Abingdon Div., #721.) For facts, see V DOCKET 17. Apr. 30, 1960: action dismissed without prejudice on Pls.' motion.
522.Va19a. Goins v. School Bd. (Grayson Co.) (WD Va., Abingdon Div., #776.) Class action for integration of Co. high schools. Sept. 18, 1960: DC issued permanent injunction against Def.-Bd. discriminating for reasons of race or color as to any high school student residing in Co. Def's. appeal to CA 4 pending.
522.Va20. Blackwell v. School Bd. (Fairfax Co.) (ED Va., #1967.) Class action for injunctive relief requiring Def.-Bd. to desegregate Co. schools. Def.-Bd. submitted to DC "stair step plan" with Va. Pupil Assignment Law provisions. Sept. 8, 1960: trial on merits in DC.
523. Suits to prevent integration

523.Fla2. Bd. of Public Inst., Volusia Co. v. Tillman, et al. (Volusia Co. Cir. Ct., #30,365.)*

Francisco A. Rodriguez, Esq., Tampa, Fla.

And see Tillman, 522.Fla6.

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
Study:

Trevor Thomas and Irving Babow, San Francisco's housing market — open or closed, Council for Civic Unity, 437 Market St., San Francisco.

Law review article:

J. Harold Saks and Sol Rabkin, Racial and religious discrimination in housing: a report of legal progress, 45 Iowa L. Rev. 488-545.

531. Publicly-assisted — Urban Renewal (Title I)
532. Publicly-assisted — FHA and VA
Comment:

An analysis of attempts to prohibit racial discrimination in the sale and rental of publicly assisted private housing, 28 Geo. Wash. L. Rev. 758-778.


532.18. O'Meara v. Jones. (Wash. Sup. Ct.)*
532.21. James and Todd v. Levitt and Sons, Inc. (N.J. Div. Against Discrimination.) For facts, see IV DOCKET 109, V DOCKET 41, 64. Jy. 12, 1960: N.J. Div. Against Discrimination issued order requiring Def. Levitt and Sons to cease racial discrimination in sale of all homes in N.J., post notice of order wherever applications for sales taken, and to sell homes to specific complainants. Aug. 26, 1960: Def. signed contract with one complainant; other no longer sought to purchase from Def.
532.23. Pearson, et al. v. Frumenti, et al. (Contra Costa Co. Super. Ct., #R 7073.)*
532.24. Hudson, et ano. v. Branden Enterprises, Tropicana Village, et al. (Santa Clara Co. Super. Ct.)*

Law review article:

Harold W. Horowitz, The 1959 California Equal Rights in "Business Establishments" Statute — a problem in statutory applications, 33 S. Calif. L. Rev. 260-305.

533. Private
State Regulations:

Michigan Corp. and Securities Commr. issued regulation providing real estate brokers discriminating against sellers or prospective purchasers of property because of race, religion or national origin could have licenses suspended or revoked, effective Aug. 14, 1960.

- 96 -

June 30, 1960: Connecticut Civil Rights Comm. requested all newspapers in state to omit all references to racial or religious character of neighborhood from real estate advertisements.

Newspaper Policy:

Aug. 15, 1960: metropolitan Washington, D.C. newspapers ceased designation "colored" in "for sale" classified advertisements.


533.6. City of Creve Coeur v. Dielman, et al. (St. Louis Co. Cir. Ct., Div. 5, #215350.) (Corrected restatement of facts given in V DOCKET 41.) Pl.-city filed condemnation proceeding for certain lands for park and playground purposes. Venable intervened, alleging constitutional question: conspiracy to deprive Intervenor of land on which he had started to build $55,000. home, solely because of his race. Pending.
533.6a. Missouri ex rel. City of Creve Coeur, et al. v. Hon. Noah Weinstein, Judge, Cir. Ct., St. Louis Co. (St. Louis Ct. of App., #30255.) In connection with 533.6, Ct. of App. held Def. Judge permanently prohibited from hearing or considering allegations and evidence of cross claim and counter claim. Mo. Sup. Ct. refused application of Judge Weinstein for transfer from Ct. of App.
533.17. Martin v. NYC Commission on Intergroup Relations. (NY Co. Sup. Ct.)*
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. Mitchell, et al. (N.D. Ill., E. Div.) For facts, see V DOCKET 41, 65. Cite: 182 Fed. Supp. 681.
533.21. Marshall v. Middlesex Homes, Inc. and Campanelli Builders, Inc. (Massachusetts Comm. Against Discrimination.) For facts, see V DOCKET 65. Aug. 2, 1960: after first public hearing by Mass. Comm. on charges of discrimination, Comm. issued order requiring Def.-Cos. to cease discrimination against Negro purchasers seeking to buy in their developments.
533.22. Divine v. Koch. (Sacramento Super. Ct.)*
533.23. Hudson, et ano. v. Nixon, et ano. (Calif. Super. Ct., Merced Co., #28219.) Jan. 5, 1960: Pl.-Negro couple sought to rent housing accommodations from Def.-owner; Def. refused because of Pls'. race. Suit filed under Calif. Civil Code sec. 52, Health and Welfare Code sec. 35720. Jy. 28, 1960: Super. Ct. held for Pls., awarded $1,000. damages, and costs.

Thomas J. Kane, Jr., Esq., 218 Crocker-Anglo Bank Bldg., Merced, Calif.

533.24. Re Anthony Visconti. (Hamilton Township Magis., N.J.) Respondent sold house to Woodard, Negro postal clerk, in previously white neighborhood. Attempt made to set fire to home; signs painted on house. Aug. 4, 1960: Resp. charged with violating housing code for failing to obtain Health Dept. certificate required in all real estate sales. Magistrate reserved decision; Woodard denied right of occupancy pending decision.
533.25. Wiley, et ano. v. Richland Water Dist., et al. (DC Ore., #60-207.) Pl.-Negro couple bought property, began building home. Def.-Water Dist. filed condemnation proceedings against Pls'. property. June, 1960: DC held Def.-Water Dist. violated Pls'. civil rights in condemnation proceeding. Jy. 4, 1960: Ore. arson squad investigated fire which damaged partially-built home. Def.-Dist's. appeal pending.

Don S. Willner, Esq., 905 Corbett Bldg.; Paul R. Meyer, Esq., Am. Bank Bldg., both of Portland, Ore.

533.26. Rhone, et ano. v. J. L. Case and Co., et al. (El Paso Co. Dist. Ct., Colo.) Pl.-Negro couple made bona fide offer to purchase housing from Def.-Co. which Def. rejected. May 12, 1960: Colo. Anti-Discrimination Comm., after hearing, held Def.-Co's. refusal to accept offer was based solely on Pls'. race. Def's. appeal pending.
533.27. Bernstein, et al. v. Real Estate Comm. of Maryland, et al. (Md. Ct. of App.) (156 A. 2d 657.) Md. Real Estate Comm. suspended licenses of Pl.-real estate brokers for "block-busting". Balt. Muni. Ct. affirmed. On appeal, Pls. contended complaints charging unethical misconduct constituted unlawful conspiracy against civil rights of Pls. and their customers, were based on Pls'. handling purchases of residential properties by Negroes in previously all-white neighborhoods. Dec. 18, 1959: Md. Ct. of App. affirmed suspensions.
533.28. Hackley, Jr. v. Art Builders, Inc., Harford Co. Metropolitan Comm., et al. (DC Md.) (179 F. Supp. 851.) Pl.-Negro Army reserve officer sought to purchase house in all-white housing development near Army chemical center where Pl. employed as civilian. Def. refused to sell for racial reasons. Pls. filed class suit asking declaratory judgment and injunction restraining developers from refusing to sell to Negroes, restraining Co. Comm. from furnishing water and sewage service to developers as long as they discriminate, restraining Army center's commanding officer from fulfilling contract under which U.S. sells water and sewage disposal services to Co. Comm. as long as developer discriminates. Jan. 5, 1960: DC held for Defs. as private corps. with right to deal with whom they choose; receipt by developers of water and sewage disposal service from public bodies does not make them subject to rules applied to gov'tal. bodies.
540. Transportation
541. Interstate

541.2. Baldwin v. Morgan. (Birmingham.) (CA 5.)*
541.3. Watson v. Eastern Lines. (ND Ga., Atlanta, #6506.) For facts, see IV DOCKET 35. March 28, 1960: case dismissed for failure to appear.
- 97 -

541.4. Henry v. Greenville Airport Comm'n. (Greenville, S.C.) (CA 4, #8009.) (175 F. Supp. 343.) For facts, see IV DOCKET 110, V DOCKET 42. Apr. 20, 1960: CA 4 reversed, held Def., created by state legislature and given authority to promulgate rules re use of airport, was agency of state prohibited by Fourteenth Amendment from discriminating on racial basis. Hearing in DC on remand: Sept. 14, 1960.
541.6. Boman v. Morgan. (Birmingham.) (CA 5, #18187.) For facts, see V DOCKET 42. Jy. 12, 1960: CA 5 reversed DC dismissal of action, held Def.-Co's. segregated seating rule was converted into state action violating Fourteenth Amendent because "enforced by force or threat of arrest and criminal action".
541.8. Boynton v. Virginia. (U.S.S.C., #7.)*
541.9. City of Nashville v. Defendants. (Nashville Muni. Ct.)*
541.11. Turner v. City of Memphis. (WD Tenn., #3934.) Class action filed to enjoin exclusion of Negroes from restaurant facilities in municipal airport and challenging validity of Tenn. statutes relied upon by Defs. to enforce discriminatory treatment. Nov. 9, 1960: hearing on Pl's. motion for summary judgment and trial on merits.
541.12. Thornton, et al. v. Trailway Bus Co., et al. (Petersburg.) (ED Va., #3149.) Aug. 9, 1960: following arrests of Negroes at Def.-bus station, suit filed for injunction requiring Def. to abolish segregated waiting rooms, restaurants and other facilities at station. Aug. 29, 1960: suit dismissed.

Len Holt, Ed Dawley, Joe Jordan, Esqs., 721 E. Brambleton Ave., Norfolk, Va.

541.13. Adams v. City of New Orleans. (ED La., #6436.) Class action to enjoin operation of dining facilities in municipally-owned airport on racially segregated or discriminatory basis. Jy. 1960: application for preliminary injunction denied pending full hearing on permanent injunction.
541.14. City of Gadsden v. Fred, Ruby and Patricia Shuttlesworth. (Gadsden Magis. Ct.) Aug. 1960: returning from youth project at Highland Folk School (see 244.6), Def.-Negro youth 13, 15 and 17 yrs. old (children of Rev. Shuttlesworth, see 522.Ala2, 522.Ala5) refused to relinquish seats in white section of interstate Greyhound bus. Defs. taken off bus in Gadsden; jailed; bond: $300. each. Charges pending.
542. Intrastate

542.4. Evers, et al. v. Dwyer, Comm'r. of Public Service of City of Memphis, et al. (WD Tenn., Civ. #2903.)*
542.10. Simkins v. Gardner. (Shreveport.) (WD La., Shreveport Div., #6651.) For facts, see IV DOCKET 35, 63. Pending.
542.13. Brown v. Gray. (WD La.) (Lake Charles, La.) Class action to enjoin enforcement of segregated seating on public transportation facilities. Pending.
542.14. Jemison v. Christian. (Baton Rouge, La.) (ED La., #1841.) Class action to enjoin segregated seating on public transportation facilities. Pending.
550. Miscellaneous Facilities
551. Recreational

551.Ala2. Gilmore, et al. v. City of Montgomery, et al. (CA 5.) (176 F. Supp. 776, 277 F. 2d 364.) For facts, see V DOCKET 42. CA 5 affirmed, pointed out if Def.-City reopened closed city parks on nonsegregated basis, "right of each person to select his own associates" would be breached; held it not constitutionally necessary that different races be mixed in public parks; urged application of abstention doctrine by fedl. cts. when issues may be resolved by state or local administrative (rather than judicial) action.
551.Cal5. Santa Clara Voiture 365 v. American Legion 40 & 8 Society. (San Jose Super. Ct.)*
551.Cal6. People of California v. Harris. (Pasadena Muni. Ct.) For facts, see V DOCKET 65. Sept. 23, 1960: after trial, jury unable to reach verdict. Ct. dismissed gambling charges.
551.Cal7. Moore v. Thomasson, Police Chief, and Greenfield City Officials. (Salinas Super. Ct.)*
551.Fla2. Moorhead, et al. v. City of Fort Lauderdale. (CA 5, #16615.)*
551.Fla3. Ward, et al. v. City of Miami. (U.S.S.C.)*
551.Fla4. Hampton, et al. v. City of Jacksonville. (SD Fla., Jacksonville Div., #4073, Civ.-J.)*
551.Fla5. Bohler v. City of Tampa. (SD Fla., #3809.) Class action to enjoin Defs. from excluding or otherwise discriminating against Negroes in enjoyment of public parks and playgrounds. Apr. 28, 1960: Def's. motion to dismiss argued; pending.
553.Ga1. Seniors v. Hon. Luke Arnold, et al. For facts, see V DOCKET 66. Case hereafter reported at 553.Ga1.
551.Ga3. Williams v. Mingledorf. (Savannah.) (SD Ga., #1160.) May 23, 1960: Class action filed for injunction against Def. excluding or segregating Negroes in public libraries. Pending.
551.Md1. Maryland v. Drews, et al. (Balt. Co. Cir. Ct., Cr. #20084.) Sept. 6, 1960: 3 whites and 2 Negroes entered privately-owned amusement park on crowded day. Co. employee notified group of Co. policy not to admit Negroes, asked Negroes to leave. Negroes refused and whites refused when asked by Co. and by police. Fearing disturbance in crowded park, police arrested Defs., all of whom resisted to some degree. May 6, 1960: Ct. held: park owner, tho chartered by state, could arbitrarily restrict park's use to invitees of his selection; public disorder could be expected if Defs. remained in park; Md. public accommodations statute applied to this privately-owned park. Defs. found guilty.
551.Mich2. Pyle v. Michigan. (Mich. Sup. Ct.) For facts, see IV DOCKET 85. June 1960: Mich. Sup. Ct. affirmed conviction without deciding constitutional issue.
- 98 -

551.Mich4. Re Papa Ibra Tall. (Wayne Co. Pros.; Mich. Liquor Control Comm.) Aug. 22, 1960: Pet.-West African exchange student complained he was denied service in bar run by Mondalek, beaten by bartender and two customers, directed from one police station to another without getting relief. Investigations pending.

Case note:

Wills—Cy pres doctrine not applicable to validate request to city for playfield for white children: La Fond v. City of Detroit, (357 Mich. 362, 98 N.W. 2d 530, 1959), 9 DePaul L. Rev. 308-312.

551.Miss2. U.S. v. Harrison Co., Co. Bd. of Supervisors, Co. Sheriff, City of Biloxi, City Mayor, Police Chief. (SD Miss., #2262.) For facts, see V DOCKET 66.*

Robert E. Hanberg, U.S. Atty., P.O. Bldg., Jackson, Miss.; Iriving Tranen, Esq., Dept. of Justice, Washington, D.C.

551.NY5. Carter v. Canton Valley Restaurant. (Jamaica Muni. Ct., Queens.)*
551.NY6. Trowbridge, d b/a Trowbridge Farm v. N.Y. State Comm. Against Discrimination. (NY Sup. Ct., Albany.) For facts, see V DOCKET 66. Aug. 1960: Sup. Ct. Justice overruled SCAD decision requiring Pet. to cease advertising resort as "Serving Christian Clientele since 1911"; Ct. held language descriptive, not indicative of discrimination against non-Christians.
551.NY7. Dozier v. Plaza Hotel. (N. Tonawanda.) (N.Y. Sup. Ct. Albany.) Pl.-Negro refused a room at Def.-hotel. Damage action filed; Def. did not contest. June 17, 1960: Sup. Ct. jury awarded Pl. $500., maximum under state statute.
551.NC1. Wolfe v. North Carolina. (U.S.S.C.) For fact, see III DOCKET 18, V DOCKET 64. June 27, 1960: U.S.S.C. (5-4) dismissed Defs.' appeal from convictions for trespassing on golf course after being denied permission to play. Stewart, J.: altho Defs. won a companion injunction suit in fedl. ct. by proving racial discrimination by the golf course, they did not make the record of the fedl. case part of the record on appeal to N.C. Sup. Ct. in this criminal case. N.C. Sup. Ct. affirmed conviction because of this defect in the record, and we dismiss. Warren, C.J., (with Black, Douglas, Brennan, J.J.) dissenting: despite defect in record on appeal to N.C. Sup. Ct., case should now be remanded to permit Defs. to correct record on appeal under N.C. precedents, because N.C. stipulated while case pending before U.S.S.C. that trial transcript was accurate, and it contained Defs.' offer of record in injunction case.
551.NC3. Tonkins v. City of Greensboro. (CA 4, #8025.) For facts, see IV DOCKET 64, 110, V DOCKET 66. Cites: 162 F. Supp. 549, 175 F. Supp. 476, 276 F. 2d 890.
551.SC1a. Cummings, et al. v. City of Charleston. (ED S.C., Charleston Div., #7048.) For facts, see IV DOCKET 110. Sept. 8, 1960: Def's. counsel confessed he could not prevail on merits. DC announced judgment for Pls., effective March 1961.
551.SC2a. Anderson v. City of Greenville. (WD S.C., #2787.) Class action to enjoin Defs'. exclusion of Negroes from public library, or racial discrimination in enjoyment thereof. Sept. 1, 1960: Def.-City Library Bd. voted to close all public library facilities. Pending.
551.Tenn2. Tennessee v. Owens and Frierson. (Memphis Muni. Ct.)*
551.Tenn3a. Turner v. Randolph. (Memphis.) (WD Tenn., #3525.) Following arrests of Negroes using public library reading room, (see 551.Tenn2, V DOCKET 66), class action filed to enjoin operation of public library facilities and services on racially segregated basis. June 28, 1960: Pl's. motion for summary judgment denied. Trial date: Nov. 9, 1960.
551.Tenn5. Flowers v. Loeb. (Memphis.) (WD Tenn., #3958.) Class action to enjoin exclusion of Negroes from enjoyment of shows, exhibitions, etc., held in municipal auditorium. Pending.
551.Tenn6. Watson v. City of Memphis. (WD Tenn.) Class action to restrain enforcement of segregation in enjoyment of public parks, playgrounds, cultural facilities supervised by City Park Comm. Pending.
551.Tex1. Ware and Williams v. Statler Hilton Hotel. (ND Tex., #8214.)*
551.Tex2. Willie, et al. v. Harris Co., Texas, et al. (SD Tex., Houston Div., #11,926.) Pl.-Negroes applied for admission to public beach park operated by Def.; denied by park employee. Pls. brought class action for declaratory and injunctive relief. Feb. 9, 1960: DC held Pls. had not so clearly established deprivation of rights as to warrant immediate relief without exhaustion of administrative remedies by requesting Commrs. to integrate park. Ct. held suit prematurely brought, but retained jurisdiction to permit Pls. to exhaust administrative remedies.
551.Va5. Giles, et al. v. Library Advisory Comm., City of Danville, et al. (WD Va., #452.) For facts, see V DOCKET 66. Sept. 14, 1960: dismissed from docket.

Martin A. Martin, Esq., 118 E. Leigh St., Richmond; Jerry L. Williams, Andrew C. Muse, Mrs. Ruth L. Harvey, Esqs., all of Danville, Va.

551.Va6. Reid, et al. v. City of Norfolk. (ED Va., Norfolk Div.) (179 F. Supp. 768.) Pl.-Negro taxpayers attending function at city-owned arena were orderd to change seats and sit in segregated area or be arrested if they refused to move. Pls. left, brought class action for declaratory and injunctive relief. Defs. admitted racial segregation under color of law, policy, custom, usage and statutes. Jan. 12, 1960: 3-judge fedl. ct. declined to issue injunction, holding no such immemediate interest as to constitute irreparable injury requiring fedl. ct. injunctive interference when Pls. have appropriate remedy in state cts. and suits pending in state cts. testing constitutionality of statutes. Defs.' motion to dismiss denied; case retained on docket for 60 days to enable Pls. to bring state ct. declaratory judgment action.
- 99 -

552. Dining
Law review article:

Daniel H. Pollitt, Dime store demonstrations: events and legal problems of first sixty days, 1960 Duke L. Jour. 315-365.

Announcement:

Aug. 10, 1960: U.S. Atty. Genl. Rogers announced cessation of racial segregation at lunch counters of major variety-store chains in 69 Southern communities.


552.Ala1. City of Montgomery v. Davidson, et al. (formerly listed as v. Underwood.) (Montgomery Recorder's Ct.) For facts, see V DOCKET 67. Corrections: March 8: 1960: 37 Defs. tried; 2 found not guilty; 33 found guilty of disorderly conduct and failure to obey a traffic officer, fined $100. on each count. Appeals pending.

Solomon Seay, Jr., Esq., 29 N. McDonought St., Charles Langford, Esq., Fred Gray, Esq., 113 Monroe St., all of Montgomery.

552.Ala1a. Dixon v. Alabama State Bd. of Educ. (ND Ala., #1634.) Pl.-Negro students at Ala. State College, Defs. in 552.Ala1, expelled for participation in student protest demonstration on State Capitol steps and sit-in at municipal bldg. cafeteria. Jy. 13, 1960: Pls. filed injunction action to prevent expulsion. Aug. 26, 1960: DC overruled Pls.' motions, denied injunctive relief because it concluded expulsions were "justified, and, in fact, necessary in order that the college could operate in a proper manner."
552.Ala2. City of Montgomery v. Baumann, et al. (formerly listed as v. Nesmith.) (Montgomery Recorder's Ct.) For facts, see V DOCKET 67. Corrections: March 31, 1960: 20 Defs. tried for disorderly conduct: 20 Defs. convicted, 13 fined $50. and costs, 7 fined $100. and costs. Apr. 8, 1960: 2 Defs. also tried for vagrancy.
552.Ala3. City of Montgomery v. Crow, et al. (Montgomery Recorder's Ct.) For facts, see V DOCKET 67. Apr. 27, 1960: cases nolle prossed.
552.Ala4. City of Montgomery v. King and Embry. (Montgomery Recorder's Ct.) For facts, see V DOCKET 67. Correction: June 8, 1960: 2 Defs. fined $100. each on trespassing charge, $100. each on failure to obey officer, and 10 days hard labor.

And see 552.Ala4a.

552.Ala4a. Alabama v. King and Embry. (Montgomery Co. Cir. Ct.) Jy. 12, 1960: Def. Negro and white students entered downtown hotel to dine; arrested for trespassing and refusing to obey officer. Jy. 13, 1960: Defs. found guilty of trespassing; other charge dismissed. Sentence: 3 months hard labor. Freed on $1,000. bond pending appeal.

And see 552.Ala4.

552.Ala5. City of Birmingham v. Rev. Shuttlesworth, et al. (Jefferson Co. Cir. Ct.) For facts, see V DOCKET 67. Correction: June 7, 1960: disorderly conduct charges against Def.-Reeves, white ministerial student, dismissed. Convictions of 10 Negro students arrested simultaneously on appeal.
552.Ala8. City of Birmingham v. Defendants. (Birmingham Muni. Ct.) Aug. 15, 1960: 6 Negroes arrested while seeking service at lunch counters in five downtown stores.
552.Ala10. City of Birmingham v. Burks, Rees, Woodall, English, Gibson, Foster and Bickerstaff. (Birmingham Muni. Ct.) Aug. 1960: Def.-Negro youth arrested after asking for service at variety store lunch counters; held without bond more than 24 hrs. Bond set finally at $300. and $100. Charge: trespass after warning. Pending.
552.Cal2. Sweet v. Leon, et ano. (Santa Clara Co. Super. Co., #110331.) Pl.-Negro denied entry into Def's. restaurant-night club. Pl. and two other Negroes denied entry in second attempt. Dec. 1959: Ct. granted mandatory injunction against Defs. denying Pls. and other Negroes full and equal accommodations under Calif. Civil Rights Act; awarded Pl. $450. damages and other two Negroes joined as Pls. $200. each.

Peter M. Nakahara, Esq., Santa Clara, Calif.

552.Dela1. Burton v. Wilmington Parking Auth. (U.S.S.C., #164.) (157 A. 2d 894.) Pl.-Negro entered public parking bldg. owned by Def.-Parking Auth. to dine in restaurant located in leased space there; denied service because of race. Chancery Ct. granted Pl. declaratory judgment that Def.-Auth. bound to enter into leases requiring tenants not to discriminate under equal protection clause of Fourteenth Amendment, issued injunction in class action. Jan. 11, 1960: Dela. Sup. Ct. reversed; held state did not directly or indirectly "in reality" create or maintain restaurant at public expense, or control its operation merely because it received rent therefrom; held fact that City of Wilmington advanced 15% of cost of bldg. not sufficient to make enterprise one created at public expense. June 22, 1960: appeal to U.S.S.C. filed; pending.
552.Fla2. Florida ex rel. Steele v. Stoutamire, Tallahassee Police Chief. Steele, et al. v. City of Tallahassee (formerly listed as Tallahassee v. Broxton.) (Fla. Sup. Ct.) For facts, see V DOCKET 67. 8 of the 11 Defs. (5 white and 6 Negro students) petitioned Fla. Sup. Ct. for habeas corpus writ; denied for failure to follow customary appeal procedure. Second appeal to Fla. Sup. Ct. ended in transfer to Leon Co. Cir. Ct. for consideration.
552.Fla3. City of Tallahassee v. Defendants. (Tallahassee Muni. Ct.)*
552.Fla4. Florida v. Robinson, et al. (Dade Co. Crim. Ct. of Record, #60-5173.) Aug. 17, 1960: 18 Negro and white Defs. arrested during sit-in demonstration at shopping-center restaurant; charge: Fla. Stats., Sec. 509.141(3). Aug. 26, 1960: all Defs. found guilty after trial; 1 yr. probation in custody of probation officer. Appeal pending.

Tobias Simon, Howard W. Dixon, Robert Ramer and Marvin Rosman, Esqs., Fla. Civil Liberties Union, 706 Ainsley Bldg., Miami.

- 100 -

552.Fla5. Florida v. Parker, et al. (Jacksonville Muni. Ct.) Aug. 29, 1960: 100 Defs., Negro and white, found guilty on charges including inciting to riot, loitering, disorderly conduct; fines: $250. to $10. Def. Parker, white student, sentenced to 90 days for vagrancy despite $266. bank account; beaten by fellow prisoner.
552.Ga1. City of Atlanta v. Defendants. (Fulton Co. Ct.)*
552.Ga6. Andrews, et ano. v. Lindsay, et al. (Atlanta.) (DC Ga., #7287.) Aug. 3, 1960: class action filed by Negro Pls. against Co. officers asking desegregation of lunchroom in Co. courthouse, declaratory judgment, $10,000. damages. Pending.

A. T. Walden, Esq., 200 Walden Bldg.; D. L. Hollowell, Esq., 859½ Hunter St., NW; R. E. Thomas, Jr., Esq., 175 Auburn Ave. NE, all of Atlanta; Jack Greenberg, Esq., N.A.A.C.P. Legal Defense and Educ. Fund, Inc., 10 Columbus Circle, NYC.

552.Ga7. Gibson, et ano. v. Okarma, et al. (Atlanta.) (DC Ga., #7288.) Aug. 3, 1960: class action filed by Negro Pls. against City officers asking desegregation of lunchroom in city hall, declaratory judgment, $10,000. damages. Aug. 3, 1960: Atlanta Aldermanic Bd. voted to close city hall cafeteria to the public, permit Negro city employees to eat with white employees there; Mayor approved action. Sept. 20, 1960: Defs'. motion for summary judgment heard and submitted.

A. T. Walden, Esq., 200 Walden Bldg.; D. L. Hollowell, Esq., 859½ Hunter St., NW; R. E. Thomas, Jr., Esq., 175 Auburn Ave. NE, all of Atlanta; Jack Greenberg, Esq., N.A.A.C.P. Legal Defense and Educ. Fund, Inc., 10 Columbus Circle, NYC.

552.Ga8. Douglas, et ano. v. Lee, et al. (Atlanta.) (DC Ga., #7289.) Aug. 3, 1960: class action filed by Negro Pls. against Owner-Mgr. of State Capitol Cafeteria, state officials asking desegregation of lunchroom in state capitol, declaratory judgment, $10,000. damages. Aug. 8, 1960: Gov. ordered cafeteria closed. Pending.

A. T. Walden, Esq., 200 Walden Bldg.; D. L. Hollowell, Esq., 859½ Hunter St., NW; R. E. Thomas, Jr., Esq., 175 Auburn Ave. NE, all of Atlanta; Jack Greenberg, Esq., N.A.A.C.P. Legal Defense and Educ. Fund, Inc., 10 Columbus Circle, NYC.

552.Ga4. Georgia v. Defendants. (Savannah.) (App. Ct.)*

552.Ga9 City of Savannah Beach v. Defendants. (Savannah Beach Muni. Ct.) Aug. 17, 1960: 11 Negros arrested while swimming at while public beach. Charge: disrobing in public.

552.La1. Louisiana v. Moss, Morris, et al. (formerly listed as City of Baton Rouge v. Robinson.) (19th Jud. Dist. Ct., La., ##35,566; 35,567; 35,568.) For facts, see V DOCKET 67. Appeals pending in La. Sup. Ct.

Johnnie A. Jones, Esq., 530 S. 13th St., Baton Rouge, La.

552.La2. Louisiana v. Defendants. (New Orleans.) Sept. 8, 1960: two whites and five Negroes arrested while attempting to get service at Woolworth's lunch counter.
552.Md1. Slack v. Atlantic White Tower System, Inc. (DC Md.) (181 F. Supp. 124.) Pl.-Negro refused service at Def.-restaurant, one of interstate chain owned by Dela. corp. Class action filed for declaratory and injunctive relief. Feb. 16, 1960: DC dismissed complaint; held: 1) 1937 and 1942 Md. statutes requiring racial segregation in restaurants no longer considered law by state cts.; 2) Md. legislature and city council repeatedly have defeated equal accommodations bills; 3) Def's. status as foreign corporation does not make its action state action within Fourteenth Amendment prohibitions, nor does its holding state license to operate public restaurant.
552.NJ1. Evans, et ano. v. Ross. (N.J. Sup. Ct.) (150 A. 2d 512, 157 A. 2d 362.) Negro group complained that Def.-restaurant discriminated against Negro patrons because of race. N.J. Dept. of Educ., Div. Against Discrimination found Def. guilty of such discrimination. 1959: Camden Co. Ct. affirmed Div. finding. Dec. 14, 1959: N.J. Sup. Ct., App. Div. also affirmed; held Div. was given authority to act in cases involving public accommodations; "private" dining rooms of Def. were public accommodations within Act; availability of criminal penalties did not preclude action under Act. N.J. Sup. Ct. denied petition for certification to Super. Ct., App. Div.
552.NC1. North Carolina v. Defendants. (New Bern.) (New Bern Muni. Recorder's Ct.) For facts, see V DOCKET 67. Apr. 14, 1960: 26 Defs. found guilty of violating N.C. Genl. Stats. 14-134 (trespassing); 30 days suspended on good behavior for 2 yrs., $10. and costs.

Robert Glass, Esq., Broad St., New Bern, N.C.

552.NC2. North Carolina v. Defendants. (Winston-Salem.) (Winston-Salem Muni. Ct.) For facts, see V DOCKET 67. March 2, 1960: 22 Defs. found guilty of violating N.C. Genl. Stats. 14-126 (trespassing); prayer for judgment continued for 12 mths.

Clyde Randolph, Esq., 1st Natl. Bank Bldg., Winston-Salem, N.C.

552.NC3. City of Durham v. Defendants. (Durham Muni. Ct.)*
552.NC4. City of Monroe v. Williams. (Monroe Muni. Ct.)*
552.NC5. City of Charlotte v. Defendants. (Charlotte Muni. Ct.)*
552.NC8. North Carolina v. Defendants. (Greensboro, N.C.) Apr. 22, 1960: 43 Negro and 2 white college students arrested in sit-ins. Charge: trespassing. Pending.
552.SC1. City of Sumter v. Defendants. (Sumter Muni. Ct.)*
552.SC3a. City of Columbia v. Bowie, Neal, et al. (Columbia Recorder's Ct.) Mar. 14, 1960: during sit-in at downtown drugstore, 7 Negro students arrested. Mar. 25, 1960: 2 Defs. charged with resisting arrest and breach of the peace; found guilty; $100. or 30 days on each count. Trial of 5 Defs. pending.
552.SC7. City of Spartanburg v. Defendants. (Spartanburg Recorder's Ct.) Jy. 27, 1960: 6 Negroes arrested during 2 lunch counter sit-ins. Pending.
- 101 -

552.SC8. City of Greenville v. Defendants. (Greenville Muni. Ct.) Aug. 11, 1960: 10 Negroes charged with trespassing during sit-in at lunch counter; convicted without jury; $100. or 30 days.
552.Tenn6. Tennessee v. Parsons, et al. (Memphis.) (Shelby Co. Ct.) Aug. 25, 1960: 4 Negroes and 1 white college student arrested in sit-in. City Atty. asked Dist. Atty. to file charges of conspiracy to interfere with trade and commerce. Pending.
552.Tex2. City of Marshall v. Defendants. (Marshall Muni. Ct.)*
552.Tex4. City of San Antonio v. Rev. Graham, Jr. and Nolte. (Corporation Ct., San Antonio, ##86032, 86033, 86039.) For facts, see V DOCKET 68. May 11, 1960: after trial, Def.-Graham found not guilty of disturbing the peace; Def.-Nolte found not guilty of disturbing the peace and assault.

Robert Darden and Clarence Williams, Esqs., of San Antonio.

552.Va8. Virginia v. Rev. Williams, et al. (Petersburg Muni. Ct.) Aug 3, 1960: White store manager, Def.-Negro minister and 11 juveniles arrested at sit-in in variety store. Charges: Def.-minister — aiding and abetting a juvenile in trespassing, fighting in public; juveniles — trespassing; White-Def. variety store owner—fighting in public. Aug. 10, 1960: Def.-minister found guilty on fighting charge; $50. fine; charge against Def.-store manager dismissed.
552.Va9. Virginia v. Defendants. (Hopewell.) (Hopewell Muni. Ct.) Aug. 25, 1960: 49 Negroes, including several juveniles, arrested during sit-ins at two local drugstores. Bond set for adults: $250. Pending.
553. Others

553.Mich1. Russau, et ano. v. Restlawn Memorial Park Corp., et al. (Grand Rapids Super. Ct. Law #5270.)*
553.Ga1. Seniors v. Hon. Luke Arnold, et al. (ND Ga., Atlanta Div., #7176.) For facts, see report at 551.Ga2, V DOCKET 66. June 6, 1960: DC granted Defs'. motion to dismiss. Appeal pending.

Joe Gordon, Ed Dawley, Len Holt, Esqs., 721 E. Brambleton Ave., Norfolk, Va.

553.Tenn1. Tennessee v. Freeman and Exum. (Memphis.) (Memphis Muni. Ct.) Negro and white youths arrested for attempting to sit-in at all-white Baptist Church. Aug. 29, 1960: both found guilty of disorderly conduct; $51. fine. Defs. ordered held for grand jury action on state charge: interfering with public worship.
560. Family Matters
561. Marriage and divorce

561.1. Oyama and Jordan v. Pima Co. Clerk. (Ariz. Sup. Ct., #7065.)*
562. Adoption
563. Custody
564. Miscellaneous
570. Employment
571. Racial discrimination
Statute:

Jy. 9, 1960: Gov. Boggs of Dela. signed Dela. fair employment practices law establishing Dela. Div. Against Disscrimination.

Audit:

Am. Veterans Comm., Audit of Negro veterans and servicemen in 42 Fedl. Gov't. military and veterans installations, Sept. 12, 1960, Washington, D.C.


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 Ant i-Discrimination Comm., et al. v. Continental Air Lines, Inc. (Colo. Sup. Ct., #19215.) For facts, see IV DOCKET 65, DOCKET 19, 69. On appeal from Dist. Ct's. dismissal of complaint, Aug. 14, 1960: Colo. Sup. Ct. held Comm. can not vacate, alter or amend its final order after it has been entered and party seeks ct. review thereof; remanded to Comm. to make specific findings on specific issues. Ch. J. and 2 JJ. concurred specially, urged that Colo. Sup. Ct. should have decided issue without remanding.
571.30. Am. Jewish Congress v. Carter. (N.Y. Sup. Ct.) For facts, see IV DOCKET 111, V DOCKET 43. (19 Misc. 205, 109 N.Y. S. 2d 218.)

Case notes:

35 N. Dame Law. 443-446;

11 Syracuse L. Rev. 283-285.

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.)*
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.)*
571.38. Dr. Hawkins v. N.C. Dental Society and Second Dist. Dental Society. (WD N.C., #1505.)*

T. H. Wyche, Esq., 326 S. Alexander, Charlotte, N.C.; Conrad O. Pearson, Esq., 203½ E. Chapel Hill St., Durham, N.C.

571.39. Madison Tnship. Bd. of Educ. v. N. J. Commr. of Educ. (N.J. Co. Ct.) Comp.-Negro applied for teaching position with Pl.-Bd., which failed to consider application tho Comp.
- 102 -

was qualified and vacancy existed. Apr. 17, 1959: N.J. Div. Against Disc. found for Comp. after hearing, ordered Bd. to hire Comp. Dec. 18, 1959: Co. Ct. held Pl's. appeal should have been brought in Super. Ct., App. Div. Spring 1960: Pl.-Bd. agreed to desist from all forms of job discrimination based on race, paid Comp. $1,750. as compensation for period during which he was not employed as a teacher.
571.40. Jones v. Distillery Workers Int'l. Union of America. (WD Ky., #3984.) Class action by Negro distillery employees against Union and employer to enjoin racially discriminatory conditions of employment under collective bargaining contract: separate lines of seniority based on race, exclusion of Negroes from employment at certain job classifications. Parties entered into agreement to settle issues. Jy. 21, 1960: Pl's. motion for voluntary dismissal granted.
572. Sex discrimination

572.1. Beary v. Queens Co. Bar Assn. (N.Y. Sup. Ct., Queens Co.) 1962: Def.-Bar Assn. balloted on removing provision limiting membership to men; maj. voted to admit women, but not by ⅔ necessary. May 1960: Pl.-woman lawyer brought suit for injunctive relief, arguing that such sex discrimination is unconstitutional and against public policy. Pending.
580. Civil Actions under Civil Rights Law Not Otherwise Covered

580.3. Pettus v. Schlet, et al. (ED Mich., #19013.)*

Case note:

Reproduction of news story for advertising purposes as violation of civil rights law: Flores v. Mosler Safe Co., (7 N.Y. 2d 276, 164 N.E. 2d 853, 196 N.Y.S. 2d 975, affirming 7 App. Div. 2d 226, 182 N.Y.S. 2d 126, 1959), 24 Albany L. Rev. 451-454.

And see cases at 420.

590. Criminal Prosecution under Civil Rights Law
600. Suits Involving Constitutional Rights of American Indians
601. Civil Actions between Individual Indians and Indian Tribes
602. Civil Actions Against Indians on Reservations
Comment:

Jurisdiction over Indian country in North Dakota, 36 N. Dame L. Rev. 51-62.

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