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CIVIL LIBERTIES DOCKET
Vol. V, No. 4
August, 1960
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ABOUT THE CIVIL LIBERTIES DOCKET

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

Vol. IV, No. 1 contained complete descriptions of all cases pending in July 1958 or instituted prior to November 1958. Volume V is a continuation of Volume IV. Pending cases in which there has been no change in status since the last description are listed below and marked with an *. Pending cases in which changes have occurred since the last issue will show the page reference of the previous description. 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.
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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.
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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.)*
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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.)*
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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

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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)

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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.

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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.
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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
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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.
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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.