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Vol. VI, No. 1
November, 1960
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The DOCKET is published four times each year, October to July.


Law review article:

Frank R. Strong, Trends in Supreme Court interpretation of Constitution and statute, 6 Wayne L. Rev. 285-310.


Mr. Justice Holmes and the age of man, 6 Wayne L. Rev. 394-412.

Law review article:

Paul G. Kauper, The constitutions of West Germany and the United States: a comparative study, 58 Mich. L. Rev. 1091-1184.

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

11.3. American Civil Liberties Union and Monroe v. Los Angeles City Bd. of Educ.

(Calif. Sup. Ct.) Pl.-organization sought writ of mandamus requiring Def.-Bd. to grant Pls. permit for series of public meetings from Dec. 11, 1959 to June 16, 1960 without signing loyalty oath required for persons using school facilities after hours, under Calif. Educ. Code sec. 19441. Jy. 1959: Super Ct. held oath unconstitutional; ordered permit granted. May 24, 1960: Dist. Ct. of App. reversed because sec. restricted to subversive acts, not advocacy. Calif. Sup. Ct. agreed to hear appeal; pending.

A. L. Wirin and Fred Okrand, Esqs., 257 S. Spring; Abraham Gorenfeld, Esq., 510 S. Spring St., all of Los Angeles.

11.7. State of Florida ex rel. Feldman and Ray, individually and as members of Emma Lazarus Organization v. City of Miami Beach. (3d Dist. Ct. of App.) Def.-City refused to make public park facilities available to Pets., without giving reasons. Application for writ of mandate filed. Cir. Ct. quashed alternative writ, denied petition for writ on ground Def.-City officials feared breach of peace because Pets. allegedly connected with "communist front" organization; Ct. would not substitute judgment for that of city officials. Appeal pending.

Tobias Simon, Esq., 706 Ainsley Bldg., 14 N.E. First, Miami, Fla.

11.8. Global Books Forum v. Bd. of Governors, Wayne State Univ., et al. (Wayne Co. Cir. Ct., Chanc. #603-807.)

Sept. 21, 1960: Pl's. application for use of McGregor Memorial Conf. Center for lecture by O'Connor (see 271.40) granted. Oct. 18: Def. cancelled. Oct. 21, 1960: Cir. Ct. granted Pl. injunction, held Def., having made facilities available to general public, can't arbitrarily restrict use; no clear and present danger to University or State from holding meeting.

Ernest Goodman, Esq., 3220 Cadillac Tower, Detroit.

12. Motion Pictures

12.15. Times Film Corp. v. City of Chicago. (U.S.S.C., #34.) (180 F. Supp. 843, 272 F. 2d 90.) Pl.-Co. paid license fee for showing of film "Don Juan", asked for permit from Police Commr.; denied because Pl. refused to submit film to Chi. Bd. of Censors for approval prior to showing. Pl. sought injunction against prior censorship. Issue: constitutionality of Chi. Muni. Code secs. 155-1 to 155-7. DC denied injunction; CA 7 affirmed. U.S.S.C. granted certiorari; argued; decision awaited.

Felix J. Bilgrey, Esq., 144 W. 57th, NYC; Abner J. Mikva, Esq., 231 S. LaSalle, and Robert Plotkin, Esq., both of Chicago.

Amicus brief filed by Am. Civil Liberties Union, 156 Fifth Ave., NYC.

12.16. 20th Century-Fox, Wm. Goodman Theaters, Inc. and Pa. Assn. of Amusement Industries v. Pa. State Bd. of Motion Picture Control. (Dauphin Co. Ct., Harrisburg.) Pls. sought decision on constitutionality of 1959 Pa. prior-movie censorship act which also provides Def.-Bd. with power to seek injunction against film, after public showing, when Bd. considers it obscene or unsuitable for children because it would incite to crime. Jy. 30, 1960: 3-judge Co. Ct. held law unconstitutional under First Amendment and U.S.S.C. decisions, including Roth, 52.3, 354 U.S. 476, for lack of definite standards, impossibility of 3-man state bd. determining "contemporary community standards" throughout state.

A.C.L.U. of Pa. as amicus curiae.

13. Peddlers
14. Books, Magazines (see also 52)
Law review article:

Roger Arnebergh, Pornography and "community standards", 38 Dicta 231-236.


Legal history of problems posed by publication of "obscene" literature traced — protection of First and Fourteenth Amendments and standard of obscenity discussed, 6 N.Y. Law Forum 313-320.

The obscenity problem, 11 West. Res. L. Rev. 660-679.

Obscenity 1958-1960, 35 N. Dame Lawyer 537-546.

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15. Miscellaneous

15.1. People of New York v. Ziegler. (NYC Magis. Ct.) Sept. 1960: Def. presented recital of classical music by wellknown violinist in his Cafe Figaro, charging no admission, serving no liquor or food during performance. Sept. 18, 1960: Def. served with summons for providing entertainment without cabaret license. Pending.

Ward Smith, Esq., NYC.

20. Administrative Restrictions
21. Customs
22. Post Office

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

Charles A. Horsky, Esq., Washington, D.C.

22.9. Hughes v. Schroeder. (ND Ill., E. Div., #59 C 728.) Feb. 18, 1959: Def.-Postmaster notified Pl.-editor of Am. Jour. of Sociology he was holding two magazines from Czechoslovakia to be delivered if "not for dissemination" and if Pl. signed form she "ordered, subscribed to or desired" same. After damage action filed, Def. delivered magazines. Issue: interpretation of 1938 Foreign Agents Registration Act. Pending on Def's. claim issue now moot.

Bernard Weisberg, Esq., 231 S. LaSalle, and Joel J. Sprayregen, Esq., 19 S. LaSalle, both of Chicago, for Ill. Div., A.C.L.U.

22.10. Rabin, et al., d/b/a Modern Book Store v. Schroeder. (ND Ill., E. Div., # 60 C 42.) Pl.-bookdealer suing Postmaster for refusal to deliver material from certain countries. Issues similar to Hughes, 22.9. June, 1960: Chicago Customs officials alleged in deposition that 2-man unit screening foreign political propaganda mail was removed from Chicago in 1959. Def's. motion to dismiss for lack of jurisdiction over subject matter pending.

Bernard Weisberg, Esq., 231 S. LaSalle, and Joel J. Sprayregen, Esq., 19 S. LaSalle, both of Chicago, for Ill. Div., A.C.L.U.

22.12. Four Star Publications, Inc., Knight Publishing Corp., et al., v. Erbe, individually and as Iowa Atty. Genl. (CA 8, # #16492, 16495.) Def.-Atty. Genl. notified wholesale magazine distributors he had asked all Co. D.A.'s to have 42 "girlie" magazines removed from newsstands, violators to be prosecuted. 22 publishers sought injunctive relief. After trial, DC dismissed Pls'. causes of action. Nov. 15, 1960: appeal argued in CA 8.

Rymond Rosenberg, Esq., 917 Savings & Loan Bldg.; Theodore T. Duffield, Esq., 430 Des Moines Bldg.; Lawyer, Lawyer and Ray, Esqs., 427 Fleming Bldg., all of Des Moines, Ia.

Amicus brief filed by Iowa Civil Liberties Union, 2112 Washington Ave., Des Moines.

23. Miscellaneous

23.9. Rev. Shuttlesworth and Rev. Billips v. Birmingham Police Comm. Connor. (ND Ala.) Sept. 7, 1960: Pl.-Negro ministers, leaders of Ala. Christian Movement for Human Rights, sued for injunction restraining Defs. from "intimidating . . . Negroes who desire immediate and full integration" in the city by sending detectives to force their way into meetings of Pls'. organization, and for $97,000. compensatory and punitive damages. Pending.

Rev. F. L. Shuttlesworth, pro se.

30. Economic Restrictions

30.1. Independent Productions Corp. and I.P.C. Distributors, Inc. v. Loew's, Inc., et al. (SD NY, Civ. #110-304.) 1956: Pls.-producers of movie "Salt of the Earth" (re strike of Mine, Mill Union, see 203.1) brought action against 62 producing, distributing, exhibiting and processing companies charging violation of U.S. anti-trust acts. Pls. allege Defs. blacklisted 3 persons engaged in production of movie and thus made it impossible to obtain adequate distribution of film. DC dismissed for Pls. failure to produce Pls'. managing agent, Biberman, for deposition re his political beliefs and affiliations. Nov. 2, 1960: CA 2 reversed and remanded to DC.

Rosston, Hort and Brussel, Esqs., 141 Broadway, NYC. And see Nusbaum, 333.16.

30.3. Comm. to Secure Justice for Morton Sobell v. Tavern-on-the-Green Restaurant and City Parks Commr. Morris. (SD NY.) 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.

30.5. Wagner v. Post Office. (U.S. Post Office.) Pl.-postal employee wrote editorial in union newspaper critical of Postmaster General's efforts to bar material from U.S. mails; reprimanded; request to expunge reprimand denied. Administrative appeal pending.

Ed Edelman, Esq., for A.C.L.U. of S. Calif., 323 W. Fifth St., Los Angeles.

30.6. Eustace v. Postmaster General and U.S. Civil Service Commission. (DC DC.) Nov. 1957: Pl.-postal employee, pres. United Postal Workers Union local, led members in peaceful picketing of San Francisco Post Office and distribution of handbills. March 1958: Pl. dismissed. Civil Service Comm. sustained dismissal. Oct. 3, 1960: suit for reinstatement filed in DC; pending.

A.C.L.U. of N. Calif., 503 Market St., San Francisco.

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40. Contempt
41. Federal Courts
42. State courts

42.3. Colorado v. Murphy. (Colo. Sup. Ct.) In disciplinary action against Gately, Colo. attorney, Def.-newspaper reporter obtained copy of petition to be filed by Gately in advance of its filing. Questioned by Ct., Def. refused to reveal source of petition. Oct. 26, 1960: Colo. Sup. Ct. held no First Amendment right to refuse to reveal source; convicted Def. of contempt of court; 30 days.
42.4. Georgia v. Atlanta Newspapers, Inc. (Ga. Sup. Ct.) Apr. 1960: Super. Ct. found Def. newspaper guilty of contempt of court for publishing news story citing previous arrests of a Def. in a robbery trial before ct.; $20,000. fine. Oct. 6, 1960: Ga. Sup. Ct. reversed on basis of First Amendment protection of freedom of the press.

And see Cleve. Press, 490.16.

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:

1960 U. of Ill. L. Forum 169-172;

6 Wayne L. Rev. 420-425.

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

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

51.11. California v. Meisenbach. (San Francisco Muni. Ct.) May 14, 1960: Def. arrested while demonstrating against House UnAmerican Activities Comm. hearings. Charges: disturbing the peace, inciting to riot, resisting arrest, assault with deadly weapon. Def. alleges police brutality, denies all charges. Trial date: Jan. 1961.

Charles Garry, Esq., 703 Market St.; Jack Berman, Esq., 905 Market St.; Beverly Axelrod, Esq., 345 Franklin St., all of San Francisco.

See cases at 271.

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. Nov. 2, 1960: appeal heard and submitted.

Joel J. Sprayregen, Esq., 19 S. LaSalle; Robert Golten, Esq., 111 S. Dearborn, both of Chicago, for Ill Div., A.C.L.U.

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 complainant. Defs. charged with: disorderly conduct, being juvenile delinquents. Issue: right to peacefully distribute handbills on public property. Oct. 19, 1960: Romero dismissed on stipulation, over objection of complainant. Nov. 16, 1960: pre-trial conference on Wright.

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

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

51.16. People of New York v. Cartagena and Bonet. (NYC Magis. Ct.) Oct. 29, 1960: Defs. arrested for booing street corner speech by Gov. Rockefeller. Charge: disorderly conduct. Subpoena served on Gov. Trial date: Nov. 3, 1960:

Mark Lane, Esq., 211 E. 116th St., NYC.

51.17. Louisiana v. Rev. A. Jones. (Caddo Co. Ct.) May 1960: Def.-white minister, traveling in World Brotherhood car, arrested while eating in Negro cafe; jailed; attacked by three prisoners and severely beaten. At trial, Dist. Atty. suggested Def. incompetent; Def. placed under psychiatric observation for 17 days; convicted of vagrancy and disturbing the peace; 8 month sentence. Severely beaten at prison farm, Def. finally released on $1,500. bail. Appeal pending.
52. Obscenity (see also 12, 14)

52.15. Smtih v. California. (U.S.S.C.) For facts, see IV DOCKET 41, V DOCKET 22. Cite: 361 U.S. 147.

Case notes:

2 W. and M. L. Rev 491-496.

52.20. U.S. v. Frew. (ED Mich., #37517.) Def. indicted in Michigan for mailing pictures and books previously found to be not obscene in SD Calif. litigation: Issues: can material be constitutionally protected in one district and obscene in another; constitutionality of 18 USC 1461. Pending.

Stanley Fleishman, Esq., 1741 Ivar Avenue, Hollywood.

52.21. U.S. v. Steiner. (ED Mich., #37580.) Facts, issues, and status similar to Frew, 52.20.

Stanley Fleishman, Esq., 1741 Ivar Avenue, Hollywood.

52.22. Massachusetts v. Spiegel. (Cambridge Dist. Ct.) Mar. 7, 1960: state police, with search warrant, seized collection of allegedly obscene photos from Harvard psychiatry prof.,
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charging violation of state law. Def. pleaded not guilty on ground materials necessary for scientific investigations, not shown by Def. to any other person. Pending.

David R. Pokross, Esq., 18 Devonshire, and Thomas E. Dwyer, Esq., 8 Beacon St., both of Boston; Roger Fisher, Esq., Langdell Hall, Cambridge.

And see Spofford and Dorius, 303.27, 303.28, and Marcus, 52.30.

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 because interferes 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. Oct. 24, 1960: U.S.S.C. noted probable jurisdiction.
52.26. Buffalo v. May. (Buffalo City Ct.) Def. charged with selling obscene literature in violation of Chap. 9, Sec. 26, Buffalo City Ordinances. Oct. 5, 1960: ct. held ordinance unconstitutional, under Smith v. Calif., 52.15, 361 U.S. 147; Def. discharged.

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

52.27. New York v. Guenther. (Buffalo City Ct.) Def. charged with selling magazines containing obscene pictures, in violation of N.Y. Penal Law sec. 1141. In jury trial, psychiatric testimony offered that material in question would not arouse prurient interest of any reader; testimony on present day community standard: pictures in other magazines sold on city-operated news stands, nude pictures in books circulated in Co. library, under Smith v. Calif.; magazines held by other Cts. not to be obscene. Oct. 18, 1960: jury held Def. not guilty.

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. Heard and submitted.

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

52.29. Police Commr. of Baltimore v. Siegel Enterprises, Inc. (U.S.S.C., #450.) (223 Md. 110, 162 A. 2d 727.) In suit by Pl.-publisher 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, [which] are obscene, lewd, . . . indecent or disgusting", Super. Ct. held Act unconstitutional; Md. Ct. of App. affirmed. Def's. petition for certiorari pending.

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

52.30. Marcus v. Search Warrant of Property. (U.S.S.C., #225.) (334 S.W. 2d 119.) Mo. obscenity statutes authorize seizure by state, prior to trial or hearing, of publications alleged to be obscene, and destruction thereof if, after hearing, they are found to be obscene. Mo. Sup. Ct. held acts constitutional, do not constitute prior restraints in violation of First Amendment. Petition for certiorari pending.

Morris A. Shenker, Bernard J. Mellman, and Sidney M. Glazer, Esqs., 408 Olive St., St. Louis.

And see Spofford and Dorius, 303.27, 303.28.

52.31. Bantam Books, Inc., et al. v. Sullivan, et al., as Members of R.I. Commission to Encourage Morality in Youth, et al. (Super. Ct., Providence, #M.P. 5139.) Action by book publishers challenging constitutionality of R.I. statute establishing Def.-Comm., part of whose work is "educating" the public re obscene materials by sending lists of books it considers in violation of the law to wholesale and retail distributors. Dec. 5, 1960: hearing.

Milton Stanzler, Esq., 626 Industrial Bank Bldg., Providence.

52.32. Washington ex rel. Lally v. Gump, Justice of Peace. (Wash. Sup. Ct.) In prosecution of two magazine dealers, Justice Ct. held Wash. obscenity statute unconstitutional, under Smith, 52.15. Dec. 30, 1959: Super. Ct. affirmed. Prosecution appeal pending in Wash. Sup. Ct.
52.33. California v. Aday, et al. (Alameda Co. Super. Ct.) 7-Defs. — writers, publishers, distributors — indicted for conspiracy to violate Calif. obscenity law in connection with 3 books: "The Decisive Years", "Sex Life of a Cop", "Joy Killer". Pending.
53. Defamation

53.1. Alabama v. Salisbury. (Bessemer Cir. Ct.) Apr. 12, 1960: Def.-reporter wrote series of articles for N.Y. Times on racial conditions in Birmingham. Sept. 6, 1960: Def. indicted on 42 counts of criminal libel. Pending.

And see 61.11, 61.12.

54. Sedition (see also 241.4)

54.1. U. S. v. Powell, et al. (ND Calif., S. Div., #35065.) 1956: Defs.-editors and writers, indicted under 50 U.S.C. 2388 for wartime sedition during Korean conflict: interfering with operation and success of U.S. military forces; promoting success of its enemies, insubordination, disloyalty, mutiny, refusal of duty, obstruction of recruiting and enlistment; reporting on "bacteriological warfare", war casualties and "American sabotage of Korean peace talks", all three articles in "China Monthly", published in China. Nov. 1, 1957: DC ordered case dismissed unless U. S. State Dept. permitted gathering of evidence for Defs. in China and N. Korea. State Dept. granted passport to counsel. Due to lack of judicial assistance agreement between China and U. S., China refused official cooperation, would not permit detailed questioning of witnesses nor location or interviewing of 950 additional witnesses known to exist, nor issue passports to witnesses. Defense served subpoena duces tecum calling for production of records of Korean truce negotiations, production and shipping of biological warfare weapons, CIA records of activities on China-Burma
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border 1950-1953. Gov't. dismissed one count, announced would introduce no evidence as to falsity of statements attributed to Defs. concerning U. S. aggression in N. Korea and Asia, U. S. stalling of truce negotiations, because of national security. Jan. 26, 1959: jury trial commenced.

During argument, outside presence of jury, Ct. agreed with U.S. Atty. "that the evidence already introduced would be prima facie sufficient to support and sustain a verdict of guilty under [50 U.S.C.] 2381". Newspapers, radio, TV reported ct. had said Defs. guilty of treason. Jan. 30, 1959: Ct. granted Defs'. mistrial motion; U. S. Atty. filed complaint for treason against Defs., requested no bail. Ct. released on own recognizance on treason complaint. Treason indictment never filed. Jy. 1959: U.S. Commr. dismissed treason complaints when Gov't. failed to produce 2 eye-witnesses of an overt act of treason. Sedition indictments still pending.

Doris Brin Walker, Esq., 785 Market St.; Charles Garry, Esq., 703 Market St., both of San Francisco.

55. Picketing

55.3. Streamwood Builders, Inc. v. Brolin, et al. (Cook Co. Cir. Ct., #59 C 13773.) (Ill. App. Ct., 1st Dist., #47592.) Mothers' group picketed Pl's. development complaining of inadequate school facilities in new project. Oct. 7, 1959: 24 arrested for disturbing the peace; Streamwood Magistrate's Ct. dismissed charges. Cir. Ct. issued temporary ex parte injunction against picketing; App. Ct. affirmed. Pl's. claim for damages and permanent injunction against picketing and otherwise publicizing school situation pending in Cir. Ct., with Def's. counter claim for damages for false arrest and malicious prosecution.

Heineman, Marks, Simons and Houghteling, Esqs., 105 W. Adams, and Willard J. Lassers, Esq., 11 S. LaSalle, all of Chicago.

55.4. Fair Share Organization, et al. v. Kroger Co., Local 1460-Retails Clerks Intl. Assn.-AFL-CIO. (Ind. App. Ct., Indianapolis.) (165 N.E. 2d 606.) Pl.-organization picketed Def. retail grocery store for failing to hire Negro employees. Newton Cir. Ct. issued temporary injunction prohibiting picketing. Pls. filed appeal from injunction, granted without full hearing of Pls'. case, under Indiana Labor Anti-Injunction Act sec. 240-251. App. ct. granted Appellee-Co's. motion to transfer to Ind. Sup. Ct., which remanded back to App. Ct. Pending.

F. Laurence Anderson, Jr. and Hilbert L. Bradley, Esqs., 1706 Broadway; Max Cohen, Esq., 738 Broadway; John Preston Ward, Esq., all of Gary, Ind.

Amicus appearance by Indiana Civil Liberties Union.

55.7. Tennessee v. Defs. (Madison Co. Ct.) Nov. 8, 1960: 150 Negro (Lane College) students arrested while parading to Co. Cthouse on election day with signs demanding suffrage for Negroes in Haywood and Fayette Cos. (see 501.15.) Charges: disorderly conduct, threatening breach of the peace, violating city ordinance requiring permit to stage parade. Pending.
56. "Corrupt Practices"

Political free speech for the union man, 11 West. Res. L. Rev. 661-668.

57. Vagrancy
Law review article:

Arthur H. Sherry, Vagrants, rogues and vagabonds — old concepts in need of revision, 48 Cal. L. Rev. 557-573.

57.2. Arizona v. Papcun. (Super. Ct.) Feb. 24, 1960, 1:20 a.m.: Def.-student, stopped by police, arrested under Tucson ordinance, charged with failure "to give satisfactory account of himself". Trial ct. held ordinance constitutional, Def. guilty; suspended sentence. Appeal pending.

Larry Dier, Esq., and John Denton, Esq., Arizona Land Title Bldg., 199 N. Stone, Tucson, Ariz.

58. Miscellaneous

58.2. Peck v. New York. (U.S.S..C, #437.) (7 N.Y. 2d 76, 163 NE 2d 866.) 1955: 19 pacifists arrested for refusal to take shelter in air raid drill. Def.-physicist claimed: "An officer said to take shelter. Shelter means protection, and there is no protection in NYC now against H-bomb". Jan. 1957: 6 Defs. pleaded guilty under NY Emergency Defense Act, sec. 102; served sentence instead of paying $25 fines. 12 tried in NYC Magis. Ct.; convicted; $25 fine or 5 days. Dec. 30, 1959: N.Y. Ct. of App. (4-3) affirmed. Appeal pending in U.S.S.C.

Kenneth Greenawalt, Esq., 1 Wall St., NYC.; Prof. Harrop Freeman, Cornell University, Ithaca, N.Y.

And see cases at 120.

60. Civil Sanctions
61. Defamation

Governmental official's absolute privilege in libel and slander suits, 55 N.W.U. L. Rev. 228-238.

61.4. Steinberg v. O'Connor. (DC Conn.) Defamation action for speech of Def.-former State Dept. official to Veterans of Foreign Wars, and his subsequent testimony before Sen. Sub-Comm. on Internal Security. Complaint alleges Def. falsely accused Pl. of disloyalty and spreading "red propaganda". Pending.

Victor Rabinowitz, Esq., 25 Broad, NYC; Catherine Roraback, Esq., 185 Church St., New Haven, Conn.

61.9. Commr. Sullivan v. The New York Times, Rev. Shuttles-worth, et al. (Montgomery Cir. Ct.) $500,000. libel suit by City Commissioner charging that advertisement appearing in Def.-newspaper Mar. 29, 1960, asking funds to help pay legal defense of Rev. King's Ala. income tax suit, contained false statements re Negro college student demonstrations, subjecting Pl. to ridicule and embarrassment, altho Pl. not mentioned in ad. 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.
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at time ad appeared. Nov. 1, 1960: 2 Negroes on jury panel stricken, 3-day trial by 12 white male jurors. Nov. 3, 1960: judgment for Pl. of $500,000. Appeal to Ala. Sup. Ct. filed.

T. Eric Embry, Esq., Birmingham; Fred Gray, Esq., 34 N. Perry St., Montgomery; V. Z. Crawford, Esq., Mobile, Ala.

61.9a. Commr. James v. The New York Times, Rev. Shuttlesworth, et al. (Montgomery Cir. Ct.) $500,000. libel suit similar to Sullivan, 61.9, awaiting trial.
61.9b. Commr. Parks v. The New York Times, Rev. Shuttlesworth, et al. (Montgomery Cir. Ct.) $500,000. libel suit similar to Sullivan, 61.9, awaiting trail.
61.10. Gov. Patterson v. The New York Times, Rev. King, Shuttlesworth, et al. (Montgomery Co. Ct.) $1,000,000. libel suit filed by Gov., ex officio chairman, State Bd. of Educ., based on same facts as 61.9 filed; pending. Def.-newspaper printed retraction of statement in advertisement alleged to be false.
61.11. Mayor Morgan, et al. v. The New York Times, and Salisbury. (ND Ala.) May 6, 1960: Birmingham's 3 City Commissioners each filed $500,000. libel suits against Def.-newspaper and reporter charging publication of Apr. 12, 1960 article re City's race relations "with intent to defame Pls. "falsely and maliciously". 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.

Beddow, Embry and Beddow, Esqs., Birmingham, Ala.

61.12. Bessemer City Commrs. v. The New York Times, and Salisbury. (ND Ala.) Facts, issues and status similar to 61.11. Pending.

Beddow, Embry and Beddow, Esqs., Birmingham, Ala.

And see Salisbury, 53.1.

62. Injunctions in labor disputes
63. Other injunctions
64. Miscellaneous
90. Miscellaneous Freedom of Thought
110. Separation of Church and State

110.1. In re Application of Lewis and Klein v. NY State Comm'r. of Education. (Spec. Sess., App. Term, Albany Co., #2729.) 1957: petition filed under Art. 78 to compel State Education Comm'r. to remove words "under God" from approved public school version of pledge of allegiance, arguing that words violate separation between Church and State. Sup. Ct. denied petition. Sept. 28, 1960: appeal heard and submitted.

Martin J. Schieman, 1740 Broadway, NYC.

110.2. Spalding v. Wooley, et al. (Marion Co. Ct., Ky.) (293 SW 2d 563, 309 SW 2d 42.) 1957: Co. Ct. ordered Def.-Bd. of Educ. to erect a central high school, discontinue two public high schools operated by Catholic nuns, by 1959. 1959: Def.-Bd., pleading insufficient funds, requested delay until after 1960 Ky. Genl. Assembly. Pending.

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

110.6. Schempp v. School Dist. of Abington Township. (ED Pa.) (177 F. Supp. 398.) Pl.-Unitarian parents sought injunction against daily reading of at least 10 verses of King James Bible in public schools, as required under Pa. Public School Code sec. 1516, alleging such reading interferes with parents' right to give children religious education of their own choosing. 3- judge ct. found Code sec. 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: reading 10 verses from Bible without comment, followed by reading of Lord's prayer, constitutes "religious ceremony" in public school in violation of First and Fourteenth Amendment provisions for free exercise of religion and prohibition of establishment of religion. Oct. 24, 1960: on appeal, U.S.S.C. vacated and remanded for hearing on 1959 amendment to excuse students from exercise by written request of parent.

Henry W. Sawyer, III, Esq., 117 S. 17th St., and Wayland H. Elsbree, Esq., Land Title Bldg., both of Philadelphia.

110.8. Engle v. Vitale. (N.Y. Sup. Ct., App. Div., 2d Dept.) (18 Misc. 2d 659, 191 N.Y.S. 2d 453.) Suit by residents of Def.-school district to direct Def.-Bd. to discontinue daily prayer in public schools, (as recommended in 1951 by NY Bd. of Regents, with its use optional): "Almighty God, we acknowledge our dependence upon Thee and we beg Thy blessing upon us, our parents, our teachers and our country". Issue: whether prayer is sectarian, favors belief in religion over non-belief, in violation of First Amendment. Aug. 24, 1959: ct. held no violation of First Amendment, remanded to Def.-Bd. to amend resolution to state explicitly that students are free to participate or not, parents to indicate whether children shall or shall not participate in prayer, schools forbidden to comment upon student participation or non-participation. Oct. 17, 1960: App. Div. unanimously affirmed.

Butler, Jablow and Geller, Esqs., 400 Madison Ave., NYC.

Amicus appearance by NY Civil Liberties Union, 156 Fifth Ave., NYC.

Case note:

6 N.Y. Law Forum 321-327.

110.9. Snyder, et al. v. Town of Newtown. (U.S.S.C.) Taxpayers' suit testing constitutionality of Sec. 10-281, Conn. Genl. Stat. allowing local option on public transportation for parochial school children, following close referendum vote in Newtown permitting such transportation. Parents of children attending local parochial school intervened as Defs. June 14, 1960: Conn. Sup. Ct. of Errors (4-1) affirmed constitutionality. 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
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instruction, he is "faced with the necessity of assuming the financial burden which that choice entails". Appeal to U.S.S.C. pending.

Philip Reich and George Balter, Esqs., 955 Main St. Bridgeport.

110.10. Chamberlin v. Miami Bd. of Public Instruction. (Dade Co. Cir. Ct., #59 C 4928.) Pl.-taxpayer, agnostic father of minor children, sues to test constitutionality of Def's. practices: reading of Bible verses in assemblies and classrooms, saying prayers and grace; singing sectarian hymns; Christmas and Easter programs; with explanations and comments by teachers; distribution of Bible and other sectarian literature; use of public schools for Bible instruction after school; religious census of students; religious tests for teachers and other employees of Def. Bd.; use of religious criteria in employment and evaluation of teachers. Oct. 1960: in trial, ct. sustained defense objections to expert testimony of psychology and education profs. and psychiatrist, that group pressure on nonconforming pupils made school religious practices not voluntary. Nov. 3, 1960: hearing concluded.

Herbert L. Heiken and Howard Dixon, Esqs., 748 Seybold Bldg., Miami, for the Florida Civil Liberties Union.

110.10a. Resnick, et al. v. Dade Co. Bd. of Public Instruction, et al. (Dade Co. Cir. Ct.) Companion suit by Jewish and Unitarian parents to Chamberlin, 110.10. Heard and submitted.

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.) Election held under N.Y. Education Law to permit use of public school funds to transport children to parochial school 35 mi. from home. Voters gave permission. Def. denied Pl.-taxpayer's appeal. Taxpayer's suit filed. Issue: whether action sanctions grant of public money in aid of religious denomination. July 13, 1960: N.Y. Sup. Ct. judge dismissed suit.

Judith P. Vladeck, Esq., for N.Y. Civil Liberties Union, 156 Fifth Ave., NYC.

110.13. Archer v. Walker County Council of Montgomery Co., Maryland. (Montgomery Co. Cir. Ct., #22784 Eq.) Pls. allege Def.-Co. purchased and conveyed land to Def.-hospital assn., which plans to transfer outright to Catholic Holy Cross Hospital, plus cash from sale of part of land for highway. Pls. allege Catholic Hospital will follow code of sectarian medicine excluding birth control. Issue: constitutionality of use of public funds for such purpose. Sept. 19, 1960: ct. granted Def's. motion for summary judgment, dismissed complaint.

C. S. Iverson, Esq., 5013 Acacia Ave., Bethesda, Md.

Amicus appearance by Protestants and Other Americans United for Separation of Church and State, 1633 Massachusetts Ave., Washington, D.C.

And see Buxton, 490.6.

110.14. Swart v. Burlington Town School Dist. (Vt. Sup. Ct., #350.) Pl.-taxpayer sued to enjoin Def.-Dist. from paying tuition for District children to attend parochial schools in the absence of Dist. public secondary school. Feb. 1960: Chancellor enjoined Def.- Dist. from using its funds to pay tuition at sectarian high schools, held "welfare theory" of Cochran and Everson cases inapplicable. Nov. 29, 1960: appeal heard and submitted.

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

110.17. Dickman, et al. v. School Dist. #62-c, Oregon City, et al. (Ore. Sup. Ct.) Pl.-taxpayers sought injunction against Def.-Bd. furnishing textbooks, at public expense, for students at private parochial (Roman Catholic) school. Ore. statute requires Bds. to furnish free text 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. Appeal to Ore. Sup. Ct. pending.

John D. Mosser, Esq., 1310 Yeon Bldg., Portland; Steve Anderson, Esq., 541 Court St., Salem, Ore., for A.C.L.U.

110.18. Pennsylvania v. McCandless. (Berks Co. Ct.) Reading Alderman convicted Def.-Quaker father of violating Pa. compulsory school attendance law by keeping son out of 4th and 5th grade. On appeal, Def. alleged child given daily instruction by college graduate-parents, because public school gave no religious training. State dropped charge; case closed.
110.19. South Dakota ex rel. Dunker v. Spink Hutterian Brethren, a corp. (S.D. Sup. Ct.) (90 N.W. 2d 365.) Def.-religious assn. purchased 5,680 acres of farm land for its 133 members. 1945: Def. received communal corp. charter under S.D. Code, Chap. 11.12. 1955: Chap. 15 repealed Communal Corp. Laws, without affecting assns. heretofore incorporated, except to prohibit their expansion. 1955: Def. purchased 80 additional acres leased in 1953. State brought action to rescind purchase of 80 acres. 1959: S.D. Sup. Ct. held: no question of freedom of religion here since constitutional provisions are not applicable to corps.; no discrimination shown against Defs.; 1955 act constitutional; purchase did not constitute expansion by Def.

Charles Lacey, Esq., Sioux Falls, S.D.; Max Royhl, Esq., Huron, S.D.

120. Pacifists and Conscientious Objectors
Law review article:

Stuart R. Hays, The right to bear arms, a study in judicial misinterpretation, 2 W. and M. L. Rev. 381-406.

120.14. U.S. v. Rev. Muste. (U.S. Tax Ct., N.Y.) Def.-secy., Fellowship of Reconciliation, publicly refused to pay fedl. income taxes from 1948 to 1952 because they help pay for atomic weapons. 1960: charged with $1,165. assessment and penalties. March 15, 1960: trial; briefs to be filed.

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

120.17. U.S. v. Glover. (CA 8.) (179 F. Supp. 302.) Def. convicted of draft evasion. Issues on appeal: denial of administrative
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due process, denial of fair trial through Ct's. refusal of Def's. demand to inspect FBI records 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.

120.18. U.S. v. Johnson, Taylor, Gallegos. (CA 9, ##16679, 16276, 16725.) Defs. convicted of draft evasion; at time of sentence, trial judges did not ask Defs. if they had anything to say. Issues on appeal: mandatory nature of Fedl. Rule 32(a) of Crim. Proc.; lack of evidence that non-combatant work assigned to Defs. met Selective Service Act requirements. Nov. 8, 1960: reargued before CA 9 en banc.

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

And see Brooks, 265.26.

120.19. U.S. v. Haworth, Holdridge and Shumm. (CA 8.) Defs. arrested at civil disobedience vigil outside Omaha missile base, charged with re-entry of base; convicted; 6 mths. Sept. 1960: CA 8 affirmed.
120.20. U.S. v. Gins, et al. (DC Conn.) Nov. 22, 1960: 9 pacifists rowed to launching area of nuclear submarine Ethan Allen, equipped with Polaris missiles, attempted to board; arrested; charged with violating Coast Guard order restricting access to harbor. Bond set at $3,500. Pending.
120.21. U.S. v. Defendants. (ED S.C.) Nov. 10, 1960: 3 pacifists rowed to launching area of atomic submarine Geo. Washington equipped with Polaris missiles with nuclear warheads; arrested.
130. Denial of Tax Exemptions
140. Sunday Closing Laws

140.10. Gallagher v. Crown Kosher Super Market of Mass., Inc. (U.S.S.C., #11.) (prob. juris. noted: 362 U.S. 960.) Issue: constitutionality of Mass. "Sunday" laws, particularly as applied to limit operations on Sunday of market offering kosher food (closed on Saturday for religious reasons.) May 20, 1959: DC held laws unconstitutional, granted injunction. Apr. 25, 1960: U.S.S.C. agreed to hear Def's. appeal, Fall 1960, with #140.19, #140.20.

Herbert B. Ehrmann, Esq., 50 Federal St., Boston.

Amicus briefs by Synagogue Council of America, Natl. Comm. Relations Advisory Council, Intl. Religious Liberty Assn., by Leo Pfeffer, Esq., 15 E. 84th St., NYC; and by Southern New England Conf. of Seventh Day Adventists, by Howard S. Whiteside, Esq., 30 State St., Boston.

140.15. Two Guys from Harrison and Channel Lumber Co. v. Furman, N.J. Atty. Genl. (N.J. Super. Ct.) (160 A. 2d 265.) Suit by retail merchant testing constitutionality of Sunday closing law, passed by N.J. legislature and approved by referendum in 12 N.J. counties. Nov. 27, 1959: Super. Ct. upheld constitutionality of act. Apr. 4, 1960: N.J. Sup. Ct. (4-2) affirmed constitutionality of 1959 N.J. Sun. closing law, declared 1951 law void, remanded for trial on whether 1959 law was arbitrary and denied equal protection through classification of what might be sold on Sun.

Clancy and Hayden, Esqs., 11 Commerce St.; Stein and Feinseth, Esqs., 24 Commerce St., all of Newark.

140.16. Morein, et al. v. Furman, N.J. Atty. Genl. (DC N.J.) Pls.-retail merchants who observe Jewish Sabbath sought temporary restraining order against enforcement of Sunday closing law passed by N.J. legislature and approved by referendum in 12 counties. Dec. 11, 1959: 3-judge Fedl. ct. (2-1) denied Pls'. motion for temporary injunction pending outcome of state ct. suit testing constitutionality of law on First Amendment grounds of freedom of religion. June 1, 1960: Fedl. ct. declined to issue temporary injunction barring Def. from enforcing Sun. closing law, pending U.S.S.C. decisions in Gallagher, 140.10.

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

See Two Guys from Harrison, 140.15.

140.19. Two Guys from Harrison-Allentown, Inc. v. McGinley. (U.S.S.C., #36.) (prob. juris. noted: 362 U.S. 960.) Pl.-highway discount house sought injunction against Pa. blue law. Dec. 1959: 3-judge fedl. ct. denied injunction. Apr. 25, 1960: U.S.S.C. noted probable jurisdiction; case to be argued with Gallagher, 140.10 and 140.20.

Harold E. Kohn, William T. Coleman, Jr., Louis E. Levinthal, Esqs., 2635 Fidelity Phila. Trust Bldg., Philadelphia; Morris Efrom, Esq., 502 Turner St., Allentown, Pa.

140.20. McGowan v. Maryland. (U.S.S.C., #8.) (151 A. 2d 56; prob. juris. noted: 362 U.S. 959.) 7 employees of Two Guys from Harrison convicted for violating Md. Sun. closing law. Apr. 25, 1960: U.S.S.C. noted probable jurisdiction; case to be argued with 140.10 and 140.20.

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

140.23. Kentucky v. Beskow, d/b/a Modern Living and General Appliance Co. (Louisville Domestic Relations Ct.) Def.-Co. charged with violating Ky. Sunday Closing Act. Domestic Relations Ct. held act unconstitutional; dismissed suit.

Karl Hellmann and Joe Kaplan, Esqs., Marion E. Taylor Bldg.; Frank Daugherty, Esq., Ky. Home Life Bldg., all of Louisville.

140.24. Kentucky v. Family Fair, Inc. (Jefferson Co. Crim. Ct.) June 1960: Co. Quarterly Ct. convicted Defs. of violating Ky. Sunday Closing Law; $20. fines. Appeal pending.

Charles W. Morris, Esq., Marion E. Taylor Bldg., Louisville.

140.25. Caroline Amusement Co. v. Martin. (U.S.S.C., #424.) (115 S.E. 2d 273.) Co. testing constitutionality of S.C. statute banning Sun. closing of motion pictures under First Amendment and due process and equal protection clauses of Fourteenth Amendment. Appeal pending in U.S.S.C.

J. D. Todd, Jr., Esq., 300 E. Coffee St., Greenville; Chester D. Ward, Jr., Esq., Glenn Bldg., Spartatnburg, S.C.

Case note:

Municipal ordinances forbidding all business on Sunday except emergency business is invalid as unrelated to police power to protect freedom to worship: Pacesetter Homes, Inc. v. Village of South Holland, (18 Ill. 2d 247, 163 N.E. 2d 464, 1960), 35 N. Dame Lawyer 569-573.

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150. Miscellaneous Restrictions
ASSOCIATION: As affecting the organization itself (200-239)
200. Privileges

The state may refuse incorporation to organization fostering discrimination: Matter of Ass'n. for Preservation of Freedom of Choice, (18 Misc. 2d 534, 188 N.Y.S. 2d 885.)

6 Howard L. Jour. 169-178;

6 N.Y. Law Forum 69-77.

201. Meetings (and see 11)
202. Tax exemption

202.1. Communist Party v. Moysey. (U.S. Tax Ct.) 1956: Without prior notice, Def. Internal Revenue Dir. seized Pl's. national and state offices, appropriating property and cash found on premises against deficiency income tax for 1951. Pl. suing to enjoin collection of tax until appeal from assessment tried in Tax Ct. DC denied motion for temporary injunction: law provides no such remedy; unique treatment of Pl. as political party immaterial. Issues: Whether Pl. has any taxable income; whether political parties are required to file income tax returns or pay taxes; whether Pl's. refusal to furnish Def. with names of donors makes all money received taxable. Petition in Tax Ct. to set aside assessment pending.

John Abt, Esq., 320 Broadway, NYC.

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

203.3. R. Dennis, et al. v. U.S. (CA 10; DC Colo.) 1956: Indictment for conspiracy to obtain services of NLRB for Mine, Mill and Smelter Workers Union by use of false affidavits by Def.-union officials that they were not Communist Party members: Issues: charge for false statement under oath is not subject to conspiracy charge as defined in 18 USC 371, under which indictment is laid; U.S.S.C. decisions in Leedom and Meat Cutters, 352 U.S. 153, held NLRB can not look behind affidavits when filed, and therefore could not have been defrauded. White Alabama-Def. entered "no contest" plea after DC denied motion for separate trial to avoid community pressure on his family if tried with Negro-Def. Oct. 1959: 3 Defs. pleaded nolo contendere; 2 Defs. acquitted by trial ct.; 9 convicted by jury; 7 Defs. fined $2,000., 3 yrs.; 2 Defs. fined $1,500., 18 mths. Appeal pending in CA 10. Motion for new trial pending in DC based on newly discovered evidence that Gov't. suppressed exculpatory evidence.

Nathan Witt, Esq., P.O. Box 156, NYC.

And see West, 291.20.

204. Continued existence (see also 213, 223)

204.1. Alabama ex rel. Patterson v. N.A.A.C.P. (Ala. Cir. Ct., Montgomery.) (91 So. 2d 214, 220, 221, 357 U.S. 449-1958; 109 So. 2d 138, 360 U.S. 240-1959.) 1956: Cir. Ct. issued temporary restraining order against N.A.A.C.P. conducting any business in the state or complying with foreign corp. registration law; imposed $100,000. fine for civil contempt when N.A.A.C.P. failed to produce membership lists. 1958: U.S.S.C. unanimously reversed, held production of lists entails likelihood of substantial restraint on members' exercise of freedom of association; remanded question of continuation of restraining order to Ala. Sup. Ct. Feb. 12, 1959: Ala. Sup. Ct. "again affirmed" contempt adjudication and $100,000. fine. June 1959: U.S.S.C., per curiam, reversed Ala. Sup. Ct., ordered further proceedings in Cir. Ct. to conform to its opinion on membership list issue. Pending in Cir. Ct.

Robert Carter and Thurgood Marshall, Esqs., N.A.A.C.P. and N.A.A.C.P. Legal Defense and Educational Fund, 10 Columbus Circle, NYC.

204.3. Revenue Commr. of Ga. v. N.A.A.C.P. (Fulton Super. Ct., Atlanta Jud. Cir., #A-58654.) (101 S.E. 2nd 609, 98 Ga. App. 74, 104 S.E. 2d 923; 107 S.E. 2d 243; 359 U.S. 550.) 1956: Pl.-Ga. Commr. made demand on Def. and its officers to produce records to determine whether Def. should be required to file state income tax returns. Demand refused; Def. organization and Def.-officers found in contempt; $25,000. fine. Ga. Ct. of App. and Ga. Sup. Ct. refused to review decision; June 1959: U.S.S.C. denied certiorari because no fine had been finally determined and assessed. 1960: Revenue Commr. reported 2 Def.-officers complied with Ct. order to produce; 3d Def.-officer produced same day he was ordered imprisoned for civil contempt until he complied — 1 yr. sentence suspended. Mar. 3, 1960: Super. Ct. discharged 2 Defs.; followed Commr's. finding as to 3d Def.; found Def.-N.A.A.C.P. not guilty of additional acts of contempt since 1956 order; rejected N.A.A.C.P. motion to strike $25,000. fine because N.A.A.C.P. had not applied for reduction; refused to discharge N.A.A.C.P., holding it remains before Ct. re acts of contempt for which it was found guilty.
204.4. N.A.A.C.P. Legal Defense and Educ. Fund, Inc. v. Harrison. (ED Va., #2436.) (159 F. Supp. 503, 360 U.S. 167.) Jan. 1958: Action testing constitutionality of 1956 Va. laws which provide for: 1) registration of groups financing law suits to which they are not parties; 2) penalties for activities of one race which create racial conflict; 3) punishment under barratry laws; 4) anyone bringing suit against state or local gov't. must file certain information. 3-judge Ct. held for N.A.A.C.P., granted injunction restraining Va. Atty. Genl. from proceeding under Chaps. 31, 32, 35; retained complaints re Chaps. 33, 36, till N.A.A.C.P. secures interpretation in state cts. June 1959: U.S.S.C. (6-3) reversed, held Chaps. 31, 32, 36 need state ct. interpretation which might avoid fed'l. constitutional adjudication; Douglas, J., Warren, C.J., Brennan, J., dissenting. Pending in DC pursuant to state ct. proceedings in 204.4a, 204.4b.
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Oliver W. Hill, Esq., 118 E. Leigh St.; Thurgood Marshall and Robert L. Carter, Esqs., N.A.A.C.P., 10 Columbus Circle, NYC.
204.4a. N.A.A.C.P. Legal Defense and Education Fund, Inc. v. Harrison. (Va. Sup. Ct. of App., #5097.) In conformity with 3-judge ct. decision in 204.4, suit filed in State ct. under Declaratory Judgment Act for interpretation of Chaps. 33 and 36, redefining "running" and "capping", prohibiting "inducement" and "instigation" of litigation. 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.

Thurgood Marshall, Esq., 10 Columbus Circle, NYC; Spottswood W. Robinson, Esq., 623 N. Third St., Richmond, Va.

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, Chaps. 31, 32, 35. Pending.
204.4c. Virginia ex rel. Virginia State Bar v. N.A.A.C.P.; N.A.A.C.P. Legal Defense and Educ. Fund, Inc.; Va. State Conf. of Branches, N.A.A.C.P. (Richmond Chancery Ct., #503.) Va. State Bar sued for injunction restraining Def.-N.A.A.C.P. from "continuing unauthorized practice of law" in Va. by soliciting individual members and non-members to start school desegregation suits, obtaining authorizations from clients "without explaining to them the nature or purpose thereof", employing and paying attys. without individual litigants having choice in selection, controlling litigation without communicating with or accepting instructions from clients. Defs. answers filed.

Oliver W. Hill, Esq., 118 E. Leigh St., Spottswood W. Robinson, III, Esq., 623 N. Third St., both of Richmond; S. W. Tucker, Esq., 111 E. Atlantic, Emporia, Va.; Robert L. Carter, Esq., N.A.A.C.P., 20 W. 40th St., NYC.

And see Tuckers, 373.9, 373.10.

204.6. Arkansas v. N.A.A.C.P. (Cir. Ct., Pulaski Co.) Ark. Atty. Genl. seeks $5,000. fine against N.A.A.C.P. for doing business in state without registering as foreign corporation. N.A.A.C.P. alleges it registered as foreign corporation in Apr. 1956. Jan. 1958: Ct. heard argument on Def's. demurrer and Pl's. motion for inspection of N.A.A.C.P. records. Decision awaited.

Robert L. Carter, N.A.A.C.P., 20 W. 40th St., NYC; Thad D. Williams, J. B. Booker, Esqs., Little Rock, Ark.

204.7. Arkansas ex rel. Atty. Genl. v. N.A.A.C.P. (Cir. Ct. Pulaski Co.) Proceeding by Atty. Genl. seeking to enjoin Def.-organization from allegedly engaging in "illegal practice of law". Def's. demurrer filed.

Robert L. Carter, N.A.A.C.P., 20 W. 40th St., NYC.

204.8. Arkansas ex rel. Bennett v. N.A.A.C.P. Legal Defense & Educational Fund. (Cir. Ct., Pulaski Co., #44,679.) Aug. 1957: Atty. Genl. complained Def. doing business in state without complying with foreign corps. law, asked $5,000. penalty. Oct. 1957: Cir. Ct. denied Def's. motion to quash service on ground Def. not amenable to service in Ark. Atty. Genl. obtained order for production of Def's. records, incl. 1) names and addresses of persons receiving Def's. professional service and assistance, 2) names of all Ark. attorneys associated with Def's. activities, 3) names and addresses of all Ark. contributors. Def. furnished under seal all this information except 3), gave number of contributors per year and amount contributed annually. Def. also filed motion for order limiting scope of discovery. Pending.

Thurgood Marshall, Esq., N.A.A.C.P., Legal Defense & Educational Fund, 10 Columbus Circle, NYC.

204.9. Arkansas ex rel. Bennett v. N.A.A.C.P. Legal Defense & Educational Fund. (Cir. Ct., Pulaski Co., #45,183.) Dec. 1957: Atty. Genl. asked for injunction restraining Def and its agents from violating Ark. state statute prohibiting corporate practice of law. 1958: Def. filed demurrer, alleging lack of jurisdiction over the person, lack of cause of action, Atty. Genl. not proper party Pl. Pending.

Thurgood Marshall, Esq., N.A.A.C.P. Legal Defense & Educational Fund, 10 Columbus Circle, NYC.

204.13. Shelton v. Tucker. Hereafter reported at 280.14.
204.13a. Carr, et al. v. Young. Hereafter reported at 280.13.
204.16. La. ex rel. Gremillion, Atty. Genl. v. N.A.A.C.P. and
204.17. New Orleans Branch, N.A.A.C.P., et al. v. Martin, Secy. of State, et al. (U.S.S.C., #294.) (181 F. Supp. 37.) Two suits filed 1956 and 1958, consolidated Oct. 30, 1959, and 3-judge fedl. ct. convoked to hear Pl's. application for injunction to restrain Defs. from continuing to enforce permanent injunction issued by state court in 1956 restraining Pl.-organization from operating in La. Feb. 5, 1960: 3-judge fedl. ct. held La. Rev. Stats. 12:401-409 and 14:385-388 requiring organizations to file with secy. of state membership lists and affidavits that officers never cited as communists by UnAmerican Activities Comm. or U.S. Atty. Genl. not applicable to N.A.A.C.P. because such requirement would violate First Amendment guarantee of freedom of speech and assembly, and due process clause of Fourteenth Amendment. Oct. 24, 1960: U.S.S.C. noted probable jurisdiction in Atty. Gen'l's. appeal.

And see Uphaus, 272.2.

210. Compulsory Registration
211. 1950 Internal Security Act

211.1. Communist Party of U. S. v. Subversive Activities Control Bd. (U.S.S.C., #12.) (351 U. S. 115 reversing 223 F. 2d 531, 254 F. 2d 314.) After lengthy hearings under 1950 Internal Security Act, S.A.C.B. held Pet. a "Communist action" organization dominated by Soviet Union, required it to register. 1953: CA DC affirmed. 1956: U.S.S.C. reversed: Pet's. application to adduce additional testimony showing 3 key Gov't. witnesses untrustworthy and perjurious should have been granted, remanded to Bd. with instructions to permit proposed testimony to be introduced or to re-evaluate original testimony without considering evidence of witnesses attacked. Aug. 1956: Bd. denied Pet's. motion to reopen hearings for supplemental proof,
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ordered testimony of 3 witnesses expunged without hearing. Dec. 1956: After hearing including issue of credibility of several Gov't. witnesses, S.A.C.B. issued modified report, recommended CA DC affirm its 1953 order. Jan. 1958: CA DC denied Pl's. motion to dismiss S.A.C.B. ruling against Pl.; held Jencks rule applicable to administrative proceedings; remanded to S.A.C.B. for production of Gov't. documents bearing on credibility of witness Markwardt. Apr. 1958: CA DC enlarged remand to include production of statements made by Gov't. witness Budenz to FBI. Feb. 1959: S.A.C.B. issued Second Modified Report recommending affirmance of registration order. Jy. 1959: CA DC (2-1) held "preponderance of all evidence supports" S.A.C.B. registration order; Bazelon, J., dissenting. Feb. 1960: U.S.S.C. granted certiorari, ordered argument after Scales and Noto, 242.2 and .4. Oct. 11-12, 1960: heard and submitted.

John Abt, Esq., 320 Broadway, NYC; Joseph Forer, Esq., 711 - 14th St. N.W., Washington, D.C.

Amicus brief by Natl. Lawyers Guild by Prof. Thomas I. Emerson, New Haven, Conn.

211.2. Jefferson School v. S.A.C.B. (CA DC.) S.A.C.B. ordered Def.-School to register as "Communist-front" organization, based on finding that Communist Party is "Communistaction" organization and School's activities are related to it. Dec. 1956: Def. ceased operation. Proceedings stayed pending decision in C.P. v. S.A.C.B. (211.1).

Harry Sacher, Esq., 342 Madison Ave., NYC.

211.3. Labor Youth League v. S.A.C.B. (CA DC.) Facts, issues, and status similar to Jefferson School (211.2).

Gruber and Turkel, Esqs., 1 Bank St., Stamford, Conn.

211.4. Nat'l Council of American-Soviet Friendship v. S.A.C.B. (CA DC.) Facts, issues and status similar to Jefferson School (211.2).

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

211.5. Rogers v. Civil Rights Congress. (S.A.C.B., #106-53.) 1955: after hearing, hearing officer recommended Def.-organization be required to register as "Communist front". Jan. 1956: Def. dissolved at convention. Feb. 1956: exceptions to recommended order filed, with motion to dismiss for mootness. Pending.

Mary Kaufman, Esq., 185 Hall St., Brooklyn.

211.6. Rogers v. Washington Pension Union. (S.A.C.B., #114-55.) Facts, issues and status similar to 211.5. Def's motion to re-open on basis of Jencks decision pending.
211.7. Haufrecht v. S.A.C.B. (re American Peace Crusade) (S.A.C.B., #117-56.) After hearing, S.A.C.B. ordered organization to register as "Communist front". Sept. 1957: S.A.C.B. struck testimony of Gov't. witness Isaac Alexander Wright and vacated previous registration order pending consideration of effect of striking this testimony. Intervenor's petition for review pending.

Joseph Forer, Esq., for Intervenor, 711 - 14th St. N.W., Washington, D.C.

211.8. California Labor School in San Francisco v. S.A.C.B. (CA DC.) 1957: after hearings, S.A.C.B. affirmed hearing examiner's recommended finding requiring Def.-School to register as "Communist front". 1957: School ceased operation. Petition for review of registration order pending in CA DC.

Gladstein, Andersen and Leonard, Esqs., 240 Montgomery St., San Francisco.

211.9. Am. Comm. for Protection of Foreign Born v. S.A.C.B. (CA DC, #15,960.) 1953: proceeding instituted; hearings held. 1959: hearing reopened to permit cross-examination of gov't. witnesses following production of documents in accordance with Jencks doctrine (see 312.) June 27, 1960: S.A.C.B. issued order requiring organization to register. Aug. 25, 1960: Pet. filed petition for review. Pending.

Joseph Forer, Esq., 711 - 14th St. NW, Washington, D.C.

211.10. Rogers v. California Emergency Defense Committee. (S.A.C.B.) Def.-organization, established to help provide Smith Act defendants with legal defense and to urge repeal of Smith Act, dissolved March 31, 1957. May 1957: 5 days of hearings held. 1958: S.A.C.B. approved hearing examiner's recommendation for registration order. 1959: after further proceedings, S.A.C.B. again ordered Def. to register. Pending.

John T. McTernan, Esq., 3175 W. 6th, Los Angeles.

211.12. Blau v. S.A.C.B. (re Colo. Comm. to Protect Civil Liberties.) 1959: Bd. ordered registration of organization of Denver Smith Act Defs. (241.8) whose sole purpose was to raise funds for their defense and to propagandize against their prosecution under Smith Act. Bd. raised contention that dissolution of organization made proceeding moot. Petition for review pending.

Joseph Forer, Esq., 711 - 14th St. NW, Washington, D.C.

212. 1954 Communist Control Act

212.1. Rogers v. Intl. Union of Mine, Mill & Smelter Workers. (S.A.C.B.) July 1955: first petition filed under 1954 Communist Control Act to have a union declared a "Communist-infiltrated" organization, alleging group in leadership used Union for "Communist-inspired purposes". Hearings postponed pending C.P. v. S.A.C.B. (211.1). Feb. 1957: hearings commenced. June 1957: during hearings, Resp. moved for access to reports by FBI agents, under decision in Jencks; Gov't. voluntarily disclosed one such report. 1959: S.A.C.B. ruled Def.-organization entitled to see statements of Gov't. witnesses to gov't. agencies; statements produced; hearings resumed.

Nathan Witt, Esq., P.O. Box 156, NYC; Joseph Forer, Esq., 711 - 14th St. NW, Washington, D.C.

213. State Laws
220. Listing
221. By the Attorney General of the United States

221.5. Rogers v. Californians for the Bill of Rights. (Dept. of Justice.) 1956: In reply to proposed inclusion on Atty. Gen'l's. list, Def. requested detailed, specific charges of
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wrongdoing, list of acts and policies of Communist Party which Def. allegedly implemented and supported, and that hearings be held in San Francisco, not Washington, D.C. Pending.

Charles R. Garry, Esq., 470 Central Tower, San Francisco.

221.6. Rogers v. Natl. Council of Arts, Sciences and Professions. (Dept. of Justice.) Facts somewhat similar to 221.5. Atty. Genl. assigned Hearing Officer. Pending.

Stanley Faulkner, Esq., 9 E. 40th, NYC.

222. By Congressional Committees
And see cases at 271.
222.1. Wheeldin v. Wheeler. (SD Calif.) (280 F. 2d 293.) 1958: Pl.-reporter moved to quash House UnAmerican Activities Committee subpoena and for $20,000. damages, alleging issuance of subpoena subjected him to "public shame, disgrace and ridicule and falsely stains [him] with the stamp of disloyalty". DC dismissed action. June 28, 1960: CA 9 held: Pl's. claim for injunctive relief against Comm. hearings 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. Def.-Wheeler's motion to dismiss pending.

A. L. Wirin, Esq., for American Civil Liberties Union of Southern California, 257 S. Spring St., Los Angeles.

223. By State authorities
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.) (248 F. 2d 201.) May 1955: 7 Defs. tried, convicted; 2½ to 5 yrs. sentences plus $1,500. to $5,000. fines. Aug. 23, 1957: CA 10 reversed and remanded for new trial because trial ct's. instructions re "organizing" charge contained error, under U.S.S.C. decision in Yates, 354 U.S. 98. Jan. 1959: CA 10 (2-1) denied writ of prohibition on ground entire indictment invalid because "organizing" charge of conspiracy barred by statute of limitations; U.S.S.C. denied certiorari. April: Fedl. jury found Defs. guilty; 2½ to 5 yrs. plus $1,500. to $5,000. fines. DC denied motion for new trial re alleged anti-Communist bias of juror. May 25, 1960: motion for new trial filed alleging prosecution witness Duran testified falsely and prosecutor knew testimony to be false. Pending. Nov. 18, 1960: appeal heard and submitted.

Court appointed counsel on appeal: Profs. Austin W. Scott, Jr. and Theodore Borrillo; John R. Evans, Esq. and Ira C. Rothgerber, Jr., Esq., all of Denver; also of counsel John J. Abt., Esq., 320 Broadway, NYC.

241.14. Winston v. U.S. (Pres. Eisenhower.) 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. Bd. of Parole denied appeal for immediate release. Application for Executive clemency pending.

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

And see Winston, 411.11.

242. Smith Act: mere membership

242.1. U.S. v. Lightfoot. (ND Ill. E.D.) (228 F. 2d 861, 355 U.S. 2.) Def. convicted under membership section of Smith Act. Issues: constitutionality of section; scope of Def's. First Amendment rights. Argued: Oct. 1956. June 1957: U.S.S.C. ordered reargument. Oct. 1957: Gov't. conceded conviction must be reversed under Jencks decision, (see 312.); U.S.S.C. reversed and remanded for new trial. Motion to set for retrial awaiting decision in Scales, 242.2

John J. Abt, Esq., 320 Broadway, NYC; George W. Crockett, Jr., 3220 Cadillac Tower, Detroit.

242.2. Scales v. U.S. (U.S.S.C., #1.) (227 F. 2d 581, 355 U.S. 1, 260 F. 2d 21, 358 U.S. 917, 360 U.S. 924.) Facts and issues similar to Lightfoot (242.1). 1954: indictment; 1955: convicted after jury trial, 6 yr. sentence. CA 4 affirmed. Argued in U.S.S.C. Oct. 1956; June 1957: U.S.S.C. ordered reargument in Fall 1957. After Gov't. conceded conviction must be reversed under Jencks decision, U.S.S.C. Oct. 1957 reversed and remanded for new trial. Def. convicted after new trial; 6 yr. sentence. Oct. 1958: CA 4 unanimously affirmed. Dec. 15, 1958: U.S.S.C. granted certiorari. June 29, 1959: U.S.S.C. ordered reargument Nov. 1959. Feb. 5, 1960: U.S.S.C. (Clark, J., diss.) ordered reargument put over with Noto, 242.2 and CP v. S.A.C.B., 211.1. Oct. 1960: argued and submitted.

Telford Taylor, Esqs., 400 Madison Ave., NYC; McNeill Smith, Esq., Greensboro, N.C.

Amicus appearance by American Civil Liberties Union, 156 Fifth Ave., NYC.

242.3. Blumberg v. U.S. (DC Pa.) Facts and issues similar to Lightfoot (242.1). 1955: Def. convicted after trial. Motion for new trial pending.

Frank Donner, Esq., 342 Madison Ave., NYC.

242.4. Noto v. U.S. (U.S.S.C., #9.) (262 F. 2d 501.) Facts and issues similar to Lightfoot (242.1). 1955: Def. convicted; CA 2 affirmed. Oct. 12, 1959: U.S.S.C. granted certiorari; to be argued with Scales, 242.2. Feb. 5, 1960: U.S.S.C. ordered argument put over. Oct. 10, 1960: argued with Scales, 242.2 and C.P. v. S.A.C.B., 211.1.

Charles J. McDonough, Esq., Walbridge Bldg., Buffalo, NY.

242.5. U.S. v. Weiss. (ND Ill. E.D.) Indictment in 1954. Awaiting trial.

Wm. Scott Stewart, Esq., 77 W. Washington, Chicago.

242.7. U.S. v. Russo. (DC Mass.) 1956: Def. arrested. Awaiting trial.
242.8. Hellman v. U.S. (CA 9.) 1956: Def. arrested. May 1958: Def. convicted after jury trial. Appeal pending.
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Robert A. Poore, Esq., Silver Bow Block; Charles L. Zimmerman, Esq., Phoenix Block, both of Butte, Montana.
242.9. U.S. v. Foster. (U.S.S.C., #138.) 1948: Def.-Communist Party leader indicted under conspiracy (241.) and membership secs. of Smith Act; never tried due to ill health. Sept. 1959: Def. moved to dismiss indictments on ground his health will never permit his trial. Issues: whether continued pendency of indictments which can never be tried constitutes deprivation of liberty without due process, since Def. can't travel under terms of bond; violation of Sixth Amendment right to speedy trial. Def. asked alternative relief: permission to leave SD NY for medical treatment in U.S.S.R. and Czechoslovakia. SD NY denied motion. CA 2 affirmed. Oct. 10, 1960: U.S.S.C. denied certiorari.

Mary Kaufman, Esq., 185 Hall, Brooklyn.

243. 18 U.S.C. 2384
244. State laws

244.6. Tennesse ex rel. Sloan v. Highlander Folk School, et al. (Tenn. Sup. Ct.) (5 R.R.L.R. 91.) July 30, 1959: Relator, Dist. Atty. Genl., raided Def.-school. Sept. 30: at hearing on Relator's motion to close Def.-school as a nuisance and revoke charter, Ct. exonerated school from any immoral conduct connected with finding beer in one bldg., closed main bldg. in which beer found. Feb. 16, 1960: after hearing, Cir. Ct. revoked charter of Def.-school, ordered receiver to wind up school's affairs on grounds: 1) state laws requiring segregation apply to private schools, are constitutional, and were consistently violated by school; 2) school deeded land for home to school president which violated non-profit charter of school; 3) sale of beer at school without license violated state criminal law. Cir. Ct. entered order permitting Def.-School to continue operating as before, pending appeal.

George Barrett and Cecil D. Branstetter, Esq., 216 - 3rd Ave N., Nashville, Tenn.

250. Civil Disabilities: Federal
251. Federal employment (and see 268)
See cases at 30.5, 30.6.
252. Deprivation of passport rights, right to travel

The right to travel versus passport area restriction, 48 Ky. L. Jour. 572-584.

252.9. Re Rev. McKenna, et al. (Dept. of State, Passport Appeals Bd.) Respondents' passports invalidated because of travel in China in 1957, restricted area under their passport provisions. H'g. Officer, Passport Office denied passport facilities to Resp. Appeal Bd. affirmed.

Stanley Faulkner, Esq., 9 E. 40th St., and Leonard B. Boudin, Esq., 25 Broad St., both of NYC.

252.30. Jerome v. Herter. (CA DC.) 1955: Pl. traveled to Poland and Czechoslovakia, then restricted areas. Passport invalidated. Passport Office denied application for new passport; Passport Appeals Bd. affirmed. Nov. 24, 1959: suit filed for passport. DC granted Gov't. motion for summary judgment. Appeal pending.

Stanley Faulkner, Esq., 9 E. 40th St., NYC.

252.31. Porter v. Herter. (U.S.S.C., #298.) (361 U.S. 918, 278 F. 2d 280.) Pl. Congressman applied for passport to China. Dept. of State denied application. Aug. 1959: suit filed to compel issuance of passport. Issue: can Executive Dept. limit fact-finding power of Congress by denying Congressman permission to visit country? DC DC dismissed suit. Dec. 1959: U.S.S.C. denied certiorari on direct appeal. CA DC affirmed dismissal. Oct. 10, 1960: U.S.S.C. denied certiorari.

Joseph Rauh, Daniel Pollitt, John Silard, Esqs., 1631 K St. NW, Washington, D.C.; Albert P. Blaustein, Esq., Rutgers University, Camden, N.J.

252.52. U.S. v. Reynolds. (CA 9.) (267 F. 2d 235.) 1951-1954: Def.-anthropologist employed by Atomic Bomb Casualty Commission in Japan. June 1958: completing round-the-world trip, Def. sailed his ketch, "Phoenix", into area restricted by A.E.C. for nuclear tests. Aug. 26, 1958: Def. convicted of felony, after jury trial; 6 mo. jail sentence plus 18 mo. on probation. May 15, 1959: Gov't. conceded, in argument before CA 9, Def. denied due process in Hawaiian DC trial because not allowed to conduct own defense or get lawyer from mainland. June 1959: CA 9 reversed conviction, ordered new trial. Aug. 28, 1959: on retrial, Def. convicted of willful violation of Atomic Energy Comm. regulation barring unauthorized persons from nuclear test area in Pacific; 2 yrs. sentence, 18 mths. suspended. DC denied Def's. request to leave U.S. pending appeal: "This is what Dr. Reynolds wanted . . . He couldn't be a martyr unless something like this happened to him". CA 9 affirmed. Douglas, J. reversed: 1) purpose of bail is not punishment; 2) no doubt Def. will appear for appeal; 3) Def. penniless, can only get work in field of effects of atomic radiation in Japan. Pending.

Joseph L. Rauh, Esq., 1631 K St. NW, Washington, D.C. And see Pauling, 490.4.

253. Unfavorable Army discharges

253.9. Olenick v. Bruckner. (Army Sec. Bd.) (173 F. Supp. 493.) Pl., veteran with honorable separation from active service, received undesirable discharge from Reserves on basis of charges of "subversive" political activities, some of which occurred prior to induction and others after separation and while Pl. in Reserves. Action brought to compel issuance of honorable discharge. May 1960: DC granted Def's. motion for summary judgment. CA DC remanded to DC for further proceedings to ascertain whether Army Bd. made proper findings. DC set aside characterization of discharge as unjustified, did not order honorable discharge. Administrative action by Army pending.

Victor Rabinowitz, Esq., 25 Broad St., NYC; David Rein, Esq., 711 - 14th St. NW, Washington, D.C.

253.5. Dr. Belsky v. U.S. (U.S. Ct. of Claims.) Army commission denied Pl.-Dr. for security reasons. Action pending for difference in pay between that of Pvt. and commissioned rank to which Dr. was entitled. Gov't. disputes liability. Pending.

Stanley Faulkner, Esq., 9 E. 40th St., NYC.

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254. Deprivation of veterans disability payments

254.2. Thompson v. Whittier, Admr. Veterans Affairs. (U.S.S.C.) 1954: Def. notified Pl.-disabled veteran he had forfeited all accrued or future veteran's benefits for conviction under Smith Act. Bd. of Veterans' Appeals reinstated wife's payments, affirmed cessation of his benefits. Pl. sued on ground forfeiture under 38 USCA 3504 requires showing veteran guilty of mutiny, treason, sabotage, etc., and no such charge or proof arose in Smith Act trial. 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.

Mary Kaufman, Esq., 185 Hall St., Brooklyn.

255. Deprivation of Social Security rights
256. Deprivation of housing rights
257. Deprivation of Federal licenses

257.3. Borrow v. Federal Communications Commission. (U.S.S.C., #403.) Applicant for renewal of radio operator's license refused to answer questionnaire relating to present or past membership in Communist Party on ground of Commission's lack of statutory or constitutional authority to make political inquiry of applicant. Oct. 1958: hearing held before F.C.C.; F.C.C. denied application. CA DC (2-1) affirmed. Nov. 14, 1960: U.S.S.C. denied certiorari.

Victor Rabinowitz, Esq., 25 Broad St., NYC.

257.5. Cronan v. Federal Communications Commission. (CA DC.) Facts and issues similar to Borrow, 257.3. Appeal from F.C.C. denial of license pending in CA DC.

Marshall Krause, Esq., for A.C.L.U. of N. Calif., 503 Market St., San Francisco.

258. Deportation proceedings (see also 358)

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: Dec. 5, 1960.

John Caughlan, Esq., 702 Lowman Bldg., Seattle, Washington; Siegfried Hesse, Esq., 929 Oxford, Berkeley, Calif. Amicus brief filed by Am. Civil Liberties Union of Washington, United Pacific Bldg., Seattle, Washington.

259. Denaturalization and Naturalization proceedings (see also 358)

259.4. U.S. v. Polites. (U.S.S.C., #25.) (127 F. Supp. 768.) Def. admitted to U.S. in 1916 when 17; 1942: naturalized. Aug. 1953: DC ordered Def. denaturalized for early political affiliation. Aug. 1958: Def. filed motion for order vacating final denaturalization order and reinstating judgment of naturalization, under Rule 60(b), Fedl. Rules of Civil Procedure. Issue: facts and witnesses used by Gov't. same or similar to those in Nowak and Maisenberg, 356 U.S. 660, 670, in which U.S.S.C. reversed denaturalization orders. Oct. 1959: CA 6 affirmed. Nov. 21, 1960: U.S.S.C. (5-4) affirmed, by Stewart, J. because of failure to prosecute appeal in 1954, Communist Party membership 1931-38. Brennan, J., Warren, C.J., Black, Douglas, J.J., diss.

George W. Crockett and Ernest Goodman, Esqs., 3220 Cadillac Tower, Detroit.

259.5. Chaunt v. U.S. (U.S.S.C., #22.) (270 F. 2d 179.) Pet. ordered denaturalized on basis of mere membership in Communist Party within 5 yrs. before naturalization, and concealment thereof; concealment of arrests for speech making and leaflet distribution—protected by First Amendment. CA 9 affirmed. Nov. 14, 1960: U.S.S.C. (6-3) reversed, by Douglas, J.: arrests more than 5 yrs. before naturalization, did not involve moral turpitude. Clark, Whittaker, Stewart, JJ.; diss.

John W. Porter, Esq., 1344 Garnet St., San Diego, Calif.; Forer and Rein, Esqs., 711 - 14th St. NW, Washington, D.C.

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., Kings Co., #490844.) Pl.-warehouseman in cold storage plant of Port of Seattle brought action against Def.-Commr. and other officials of Port testing constitutionality of state law requiring state employees to take oath of non-membership in Communist Party and organizations on Atty. Gen'l's. list. Issues: does statute violate First and Fifth Amendments, deprive Pl. of property in violation of Fourteenth Amendment and constitute bill of attainder. Jan. 1956: temporary restraining order issued, preventing dismissal for refusal to sign oath for indefinite time, pending decision in Savelle (280.1).

John Caughlan, Esq., 220 Second and Cherry Bldg., Seattle.

261.3. Hehir v. NYC Transit Authority, NY State Civil Service Commission, et ano. (N.Y. Sup. Ct., Kings Co., App. Div.) Action under Article 78 to review dismissal of employee of Transit Authority under N.Y. Security Risk Law. Issues: constitutionality of law, application to employee, effect of refusal to answer questions. Motion for reinstatement denied; appeal pending.

Leonard B. Boudin, Esq., 25 Broad St., NYC.

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261.7. Crowe v. County of Wayne, Mich. (Mich. Sup. Ct.) 1953: Pl. discharged as bookkeeping operator for refusing to subscribe to non-Communist oath. Claim filed for unpaid salary, alleging discharge unlawful, oath improper and in violation of due process clause of 14th Amendment. Because of nature of discharge, Pl. unable to obtain other employment, claims $15,000. damages. Mar. 1957: Bd. of Wayne Co. Auditors, on recommendation of Pros. Atty., denied Pl's. claim. Jy. 19, 1960: Cir. Ct. dismissed after trial for failure to state cause of action. Appeal pending.

Harry Kobel, Esq., Penobscot Bldg., Detroit, Michigan.

261.9. Wolstenholme v. Oakland Library Bd. (U.S.S.C.) (351 P. 2d. 321.) 1957: Pl.-librarian suing for reinstatement after discharge for refusal to answer questions by Def.-Bd. re Communist Party affiliation prior to Sept. 10, 1948 (date set forth in Luckel Act, authorizing such questioning.) Ct. dismissed action, held pendency of Steinmetz (I DOCKET 20, 97, #460.5) insufficient reason for 18 mth. delay in bringing action. Sept. 25, 1959: Dist. Ct. of App. unanimously reversed, held Pl.-librarian improperly discharged. April 22, 1960: Calif. Sup. Ct. (4-3) reversed, declined to rule on legality of Def's. firing Pl. because Pl. had "unjustifiably delayed" appeal, upheld firing. Dissent: delay not unjustifiable and worked no hardship on Def.; City questions had been superceded by State loyalty statute. Petition for certiorari denied.

Marshall Krause, Esq., for A.C.L.U. of N. Calif., 503 Market St., San Francisco.

261.15. Re Joel Dvorman. (Anaheim, Calif. School Bd.) Respondent, membership chairman of Orange Co. Chapter-A.C.L.U., elected to Bd. of Trustees, Magnolia Elementary School Dist. Oct. 1960: recall petitions circulated against Resp. on grounds of his A.C.L.U. membership, holding A.C.L.U. meeting at his home at which Wilkinson (271.31) spoke, and opposition to House Comm. on UnAmerican Activities, citing 1943 Tenney Comm. report that "ACLU is Communist front organization". Pending.
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.) Def.-junior college teacher wrote five letters to local newspaper critical of public education in area; dismissed. Jan. 27, 1960: after 3-wk. trial, dismissal on grounds of "unprofessional conduct" upheld; appeal pending. March 22, 1960: State Educ. Dept. Credential Commission held Def. not guilty of unprofessional conduct, did not revoke teaching credential.

Marshall Krause, Esq., for A.C.L.U. of N. Calif., 503 Market St., San Francisco.

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

263.2. Communist Party v. Lubin. (U.S.S.C., #495.) (168 N.E. 2d 242, 8 N.Y. 2d 77.) Albertson, employee of Civil Rights Congress, later of Communist Party, denied unemployment insurance benefits. 1957: Unemp. Ins. Referee held employment by Party does not count toward employment base because it is not legal employer, employment by Civil Rights Congress does count. NY Sup. Ct., App. Div. reversed, held for claimant. May 1960: N.Y. Ct. of App. (4-2) reversed, held Communist Control Act, sec. 2 terminated right of Communist Party to be "employer" within meaning of N.Y. Unemployment Insurance Law, awarded Pet. benefits for period before 1957. Fuld, J., dissenting. Oct. 20, 1960: petition for certiorari filed.

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

264. Denial of State licenses

264.1. Torcaso v. Watkins. (U.S.S.C., #373.) (162 A. 2d 438.) Pl. refused to affirm religious belief after being given notary public commission, despite Md. Declaration of Rights, Art. 37, requiring all public office seekers to "declare that I believe in the existence of God"; commission denied. Cir. Ct. affirmed denial, held such restriction "may be rightly imposed by a sovereign state in dealing with its own officials". June 30, 1960: Md. Ct. of App. affirmed. Nov. 7, 1960: U.S.S.C. noted probable jurisdiction.

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.; Lawrence Speiser, Esq., Am. Civil Liberties Union, 1612 Eye 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.
264.3. Sabel v. N.Y. Motor Vehicle Commr. Hults. (N.Y. Sup. Ct., App. Div., 1st Dept.) 1938: Pl. convicted of robbery at age 17; 1950: released from prison. Apr. 1958: driver's license denied because of previous criminal record after passing driving test. Application accepted when criminal record omitted by Pl., but revoked on Def's. discovery of conviction, under Vehicle and Traffic Law making false statement on application grounds for revocation. 1959: application rejected; Spec. Term denied application to review denial by Def. Pending on appeal.

Emanuel Redfield, Esq., 60 Wall St., NYC, for N.Y. Civil Liberties Union.

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

265.4. In re Schlesinger. (Pa. Sup. Ct.) June 1950: disbarment complaint filed wtih Sub-comm. of Comm. on Offenses charging Resp.-attorney with activities and membership in Communist Party. Jan. 1954: hearing opened. Main witnesses against Resp.: Cvetic and Mazzei (see Mesarosh, 241.2) re activities 5-10 yrs. ago. Sept. 22, 1956: argument held before Subcomm. May 1957: Comm. approved report. including finding of Party membership: recommendation of disbarment filed with Ct. Oct. 1957: Ct. postponed hearing on its own motion. May 10, 1960: Common Pleas Ct. entered disbarment order. May 23, 1960: Pa. Sup. Ct. granted supersedeas order staying disbarment order. Appeal to be argued March 1961.
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John Buchanan, Esq., 13th flr., Alcoa Bldg.; Charles F. C. Arensburg and Richard Tucker, Esqs., both 1404 First Natl. Bank Bldg.; Thomas Griggs, Esq., 1707 Henry W. Oliver Bldg.; Louis Caplan, Esq., 1121 Frick Bldg.; James C. Kuhn, Esq., 1314 Frick Bldg.; John Tabor, Esq., 1130 Oliver Bldg.; Louis Glasco, Esq., The Plaza Bldg., all of Pittsburgh, Pa.
265.5. In re Steinberg. (Allegheny Co. Common Pleas Ct., Pa.) Complaint filed charging alleged membership in Communist Party. Apr. 1957: Subcomm. submitted lengthy report to full Comm., including finding of Communist Party membership. May 1957: Comm. approved report and recommendation for disbarment, filed with Ct. Oct. 1957: Ct. postponed hearing on its own motion.

M. Y. Steinberg, Esq., 1010 Berger Bldg., Pittsburgh, Pa

265.21. Konigsberg v. State Bar of California and Comm. of Bar Examiners. (U.S.S.C., #28.) (353 U.S. 252.) Suit by Pl.-applicant for admission to the Bar after successfully passing Bar examination and Def.-Comm's. refusal to admit based on failure to show "good moral character". Calif. S. Ct. affirmed. May 1957: U.S.S.C. reversed (5-3) Black, J.: 1) alleged Communist Party membership in 1941 " . . . would not support an inference that he did not have good moral character". 2) Refusal to answer question re political belief and association asked by Bar Examiners on ground of First Amendment rights: ". . . Obviously the State could not draw unfavorable inferences as to his moral character . . . if his refusal . . . was based on a belief that the U.S. Constitution prohibited the type of inquiries . . ." 3) Comm. found Konigsberg had failed to prove he did not advocate violent overthrow of Gov't.; Ct. quoted his denials of such aim. Summer 1957: On return of mandate from U.S.S.C., Pl. petitioned Calif. Sup. Ct. for immediate admission. Sup. Ct. referred matter back to Comm. of Bar Examiners. On Pl's. continued refusal to answer question re past or present Communist Party membership, Comm. informed him that failure to answer this question would be single ground for denial of admission. Nov. 1957: Comm. filed negative report with Calif. Sup. Ct. Oct. 1959: Calif. Sup. Ct. (4-2) affirmed: Pl. should be denied admission solely for refusal to answer questions re political affiliations, citing Beilan (357 U.S. 399) and Lerner (357 U.S. 468), 342.9, 343.1; Traynor and Peters, JJ., diss. March 1960: U.S.S.C. granted certiorari; to be argued Fall 1960.

Edward Mosk, Esq., 5305 Yucca St., Hollywood, Calif.

Amicus briefs filed by National Lawyers Guild, 154 Nassau, NYC, and by Am. Civil Liberties Union, 156 Fifth Ave., NYC.

265.23. In re Anastaplo. (U.S.S.C., #58.) (3 Ill. 2d 471, 121 N.E. 2d 826, 349 U.S. 903, 908, 18 Ill. 2d 182, 163 N.E. 2d 429; c.q. 362 U.S. 968.) 1950: Applicant declined to answer questions re political beliefs before Comm. on Character and Fitness, application denied; U.S.S.C. denied cert. Relying on U.S.S.C. decision in Schware, Konigsberg, Patterson, 265.20, .21, .22, Applicant petitioned Comm. for rehearing. July 1957: Comm. denied petition for admission for same reasons given in earlier case. Sept. 1957: Ill. Sup. Ct. held Comm. on Character and Fitness should have allowed Pet's. petition for rehearing and heard evidence. "Principal question" on rehearing: "significance of . . . applicant's views as to . . . overthrow of gov't. by force in . . . light of [U.S.S.C. decisions in] Konigsberg (265.21) and Yates (241.1)". Apr. 1959: Comm. (11-6) filed Report on Rehearing in Ill. Sup. Ct. Majority found: Applicant's views on "right to overthrow gov't." strongly libertarian, but not unpatriotic; his refusal to answer questions re his political affiliations caused him to fail to meet his burden of establishing his proper character and fitness, therefore denied App's. petition. Min.: "In our view, the applicant has discharged the burden of proof that he has the requisite character and fitness. We know him well from protracted hearings and over-exposure to his views. He has demonstrated that he is a moral and patriotic American and that his views on the right of revolution are without significance. He is well thought of in the community and discharges important responsibilities . . . On this record, it is pure sophistry to hold that his refusals to answer have prevented our determining his character and fitness . . ." Nov. 1959: Ill. Sup. Ct. affirmed Report; 2 dissenting opinions filed. May 2, 1960: U.S.S.C. granted certiorari; to be argued Fall 1960.

George Anastaplo, pro se, 6030 Ellis, Chicago.

Amicus briefs by National Lawyers Guild, 154 Nassau, NYC; Am. Civil Liberties Union, Ill. Div., 19 S. LaSalle, Chicago.

Case notes:

19 Law Guild Rev. #2, and #4.

265.25. Marshall v. State Bar of California and Comm. of Bar Examiners. (Calif. Sup. Ct.) Nov. 1, 1958: Pet.-law student filed application to take bar examination in Sept. 1959. Def. Comm. refused to accept application because Pet. failed to answer question 6, re his political beliefs and affiliations, claiming these violated First and Fifth Amendment rights. Def. Comm. refused to permit Pet. to take exam without prejudice to Comm's. right to then determine Pet's. moral qualifications. Pet's. suit for review pending in Calif. S. Ct.

Daniel G. Marshall, Esq., 4041 Marlton Ave., Los Angeles. Amicus appearance by A.C.L.U. of S. Calif.

265.26. In re Application of Brooks. (U.S.S.C.) (156 Wash. 773, 355 P. 2d 840.) Pet. admitted to practice law in NY. 1944: Pet convicted of violation of Selective Service Act in refusing to report to Gov't. camp for "work of national importance" on constitutional and conscientious objector grounds; 22 mths. served. Jan 1959: Washington State Bd. of Governors rejected application for admission; June 1959: on reconsideration, again rejected because Pet. — 50 yrs. of age—testified he would take same stand as in 1944 if same issue arose. Oct. 19, 1959: appeal argued in Wash. Sup. Ct. Sept. 1960: Wash. Sup. Ct. (6-3) affirmed rejection on basis of 1944 conviction and undue defiance of law constituting bad moral character. Petition for certiorari in U.S.S.C. pending.

Kenneth A. Cox, Esq., 15th flr. Hoge Bldg., Seattle.

266. Deprivation of right to tax exemption
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267. Private employment — teaching (see also 262, 280 and 342)
268. Private employment — defense establishments (see also 344)

268.1a. Graham v. Richmond. (U.S. Coast Guard.) (272 F. 2d 517.) Action to compel Coast Guard to issue seamen's documents to Pl. [See Parker v. Lester, 268.1, 227 F. 2d 708; 235 F. 2d 787.] Def. failed to act because of Pl's. refusal to answer questions on application relating to publications he read or organizations he joined. DC dismissed complaint. CA DC (2-1) reversed, held seaman's license cannot be denied without hearing; remanded. Coast Guard hearing held; decision awaited.

Leonard Boudin, Esq., 25 Broad St., NYC, for Emergency Civil Liberties Comm.; Forer and Rein, Esqs., 711 - 14th St. NW, Washington, D.C.

268.1b. Homer v. Richmond. (CA DC.) Action to compel Coast Guard to issue licenses to marine radio operators. Licenses refused because of Def's. finding, without notice or hearing, that Pls. had belonged to unspecified subversive organizations. DC DC granted Def's. motion for summary judgment on ground Coast Guard screening of Pls. fair despite lack of hearing, because Pls. had opportunity to deny charges. Appeal pending.

Victor Rabinowitz, Esq., 25 Broad St., NYC, for Emergency Civil Liberties Comm.; Forer and Rein, Esqs., 711 14th St. NW, Washington, D.C.

268.5c. Dressler v. U.S. (U.S. Ct. of Claims, #59-60.) Feb. 1956: Pl. hired by Wis. Telephone Co., then dismissed because Industrial Personnel Security Rev. Bd. suspended his clearance for access to classified information. Sept. 1957: action against Defense Dept. filed. Jan. 8, 1960: consent order entered, setting aside Dept. ruling, under Greene, 268.12, 360 U.S. 474. Feb. 1960: suit filed for reimbursement for loss of earnings due to Dept. denial of clearance; pending.

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

268.7. Kreznar v. Wilson. (DC DC.) Action challenging application of Gov't. industrial personnel security program to non-sensitive positions with no authorized access to security information. Issues raised as to constitutionality of regulations and procedure thereunder. Pending.

Gerhard P. Van Arkel, Esq., 1701 K St. NW, Washington, D.C. and David I. Shapiro, Esqs., 350 - 5th Ave., NYC.

268.11. Lundquist v. Marine Engineers Beneficial Assn., Local 97. (Calif. Dist. Ct. of App., 1st Div.) 1951: Coast Guard revoked Pl's. seaman's papers; Def.-union ejected Pl. 1956: Def.-Union held hearing based on Coast Guard's charges, did not reinstate Pl. Jy. 1960: Coast Guard permitted Pl. to return to port work. Super. Ct. held for Pl. in suit for reinstatement in Def.-Union, denied Pl. damages for loss of earnings 1951-1960. Appeal on damages pending.

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

268.14. Cafeteria and Rest. Workers Union, Local 743 and Brawner v. McElroy. (U.S.S.C., #97.) Pl.-restaurant worker lost security clearance for access to U.S. Naval Gun Factory, sues for reinstatement, alleging Def. issued undisclosed security regulations, did not inform Pl. of evidence upon which decision based. DC dismissed complaint. 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. Oct. 10, 1960: petition for certiorari granted.

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

268.17. Haber v. Gates. (DC DC.) Suit to nullify suspension of security clearance of Pl.-engineer by Industrial Personnel Security Bd. Jy. 28, 1960: new regulations issued. Industrial Personnel Security Rev. Bd. reviewed case, restored Pl's. access to "confidential" information. DC suit dismissed as moot.

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

269. Private employment — Other

269.1. Faulk v. AWARE, Inc., et al. (Sup. Ct., N.Y. Co.) (3 Misc. 2d 833, 155 N.Y.S. 2d 726; aff'd. 3 App. Div. 2d 703; 9 Misc. 2d 815.) Suit for $500,000 damages by Pl.-radio performer charging Def. organization and directors with conspiracy to defame Pl. by circulating false matter seeking to link him with "Communist conspiracy"; attempting to blacklist Pl. with other radio and television artists. (Pl. had filed non-Communist affidavit when elected officer in American Federation of Television and Radio Artists.) Pl. alleged Def. caused loss of 19 weekly commercial sponsors for his program, rendered him unemployable on TV and radio networks other than CBS. Aug. 1956: Ct. dismissed Def's. answer that their statements were true, fair comment and privileged; held defenses not valid because Def's. statements only conclusions, not facts. Feb. 1957: App. Div. affirmed. Pending trial on Def's. second amended answer.

Louis Nizer, Esq., Phillips, Nizer, Benjamin and Krim, Esqs., 1501 Broadway, NYC.

270. Criminal Penalties for Non-disclosure (see also 330)
271. Congressional Committees (see also 222, 330)

271.6. Watson v. U.S. (CA DC.) Def.-teacher's conviction of contempt reversed by CA DC for HUAC failure to establish nature and scope of inquiry, basis and pertinency of questions. Cite: 280 F. 2d 689.
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271.9. Russell v. U.S. (U.S.S.C.) (280 F. 2d 688.) 1956: engineer convicted on 3 counts for declining to answer questions re his own and others' alleged Communist activities before House UnAmerican Activities Comm., under 2 U.S.C. 192; 30 days, $500. Issues: validity of Def's. reliance solely on First Amendment; failure to direct to answer. June 15, 1960: CA DC affirmed. Petition for certiorari pending; Gov't. filed opposition to granting cert.

Joseph A. Fanelli, Esq., 1701 K St. NW, Washington, D.C.

271.10. Deutch v. U.S. (U.S.S.C.) (280 F. 2d 691.) Facts like Russell, 271.9. Def.-physicist convicted on 4 counts; 90 days, $100. fine, suspended. June 15, 1960: CA DC affirmed. Oct. 10, 1960: U.S.S.C. granted certiorari.

Henry W. Sawyer, Esq., 117 S. 17th St., Philadelphia; Drinker, Biddle and Reath, Esqs., 1100 Philadelphia Natl. Bank Bldg., Phila.; George H. Goodrich, Esq., Ring Bldg., Washington, D.C.

271.12. Gojack v. U.S. (280 F. 2d 678.) 1956: Def.-union official convicted of contempt of House UnAmerican Activities Comm. for refusal, under First Amendment, to answer questions re communism; 9 mths., $200. June 15, 1960: CA DC affirmed.

Frank Donner, Esq., 342 Madison Ave., NYC.

271.13. U.S. v. Metcalf. (SD Ohio.) 1956: Def.-prof. at Antioch College answered all questions about himself at hearing of House UnAmerican Activities Comm. but declined to answer questions as to others because he didn't want to become "an informer". Oct. 3, 1955: Fedl. Judge dismissed indictment on ground of no authority in Comm. Similar to Lamont (236 F. 2d 312), 271.1. Def. re-indicted. Pending.

Telford Taylor, Esq., 400 Madison Ave., NYC.

271.15. Shelton v. U.S. (U.S.S.C.) (280 F. 2d 701.) NY Times copyreader invoked First Amendment in refusing to answer questions re political affiliations before Sen. Internal Security Sub-comm. Jan. 1957: in contempt trial, Def. proved he had been subpoenaed under writ originally issued for different newspaperman named Shelton, and his name had later been substituted. Convicted; 6 mths., $500. fine. June 15, 1960: CA DC affirmed, ruling: "An inquiry into a possible conspiracy for infiltration or subversion of the press embraces the right to command the witness to say whether he is a member of the conspiracy, subject, of course, to the right of the witness to take refuge in the Fifth Amendment". Petition for certiorari pending.

Joseph L. Rauh, Jr., Esq., 1631 K St. NW, Washington, D.C.

271.16. Whitman v. U.S. (U.S.S.C.) (281 F. 2d 59.) NY Times copy editor, subpoenaed by Sen. Internal Security Sub-comm., admitted Communist Party membership in 1930's and early 40's, declined to give names of others, claiming violation of freedom of press in First Amendment. Convicted of contempt; 6 mths. probation, $500. fine. CA DC affirmed. Petition for certiorari pending.

Arnold, Fortas and Porter, Esqs., 1229 - 19th St. NW, Washington, D.C.

271.17. Knowles v. U.S. (CA DC.) Def.-librarian's conviction reversed by CA DC for Senate Internal Security Subcomm's. failure to prove pertinency of questions. Cite: 280 F. 2d 696.
271.19. Price v. U.S. (U.S.S.C.) (280 F. 2d 715.) Facts, issues similar to Shelton, 271.15. Apr. 1957: convicted after trial; 3 mths. sentence. CA DC affirmed. Petition for certiorari pending.

Harry I. Rand and Leonard B. Boudin, Esqs., NYC, for Emergency Civil Liberties Comm., 421 - 7th Ave., NYC.

271.20. Liveright v. U.S. (U.S.S.C.) (280 F. 2d 708.) Facts, issues similar to Shelton, 271.15. Mar. 1957: convicted; 3 mths. and $500. fine. CA DC affirmed. Petition for certiorari pending.

Harry I. Rand and Leonard B. Boudin, Esqs., for Emergency Civil Liberties Comm., 421 - 7th Ave., NYC.

271.23. U.S. v. Sullivan. (SD NY, #152-238.) 1957: Def.-actor asserted First Amendment as ground for refusal to answer questions re union and political associations and beliefs before House UnAmerican Activities Comm. Contempt charges to be tried.

David Scribner, Esq., 154 Nassau, NYC.

271.24. U.S. v. Yarus aka Tyne. (SD NY, #15586.) Facts, issues and status similar to Sullivan, 271.23.

Leonard B. Boudin, Esq., 25 Broad, NYC.

271.25. U.S. v. Seeger. (SD NY.) Def.-singer indicted under facts and issues similar to Sullivan, 271.23. Same status.

Wolf, Popper, Ross, Wolf and Jones, Esqs., 635 Madison Ave., NYC.

271.27. Hartman v. U.S. (CA 9.) 1957: 2 days after U.S.S.C. decision in Watkins, 271.14 (354 U.S. 178), Def.-radio commentator declined to answer questions before House Un-American Activities Comm. under First, Sixth, Ninth and Tenth Amdts. Jy. 1959: Def. convicted of contempt after trial without jury; 6 mths. sentence. Appeal pending.

Marshall Krause, Esq., for Am. Civil Liberties Union of N. Calif., 503 Market St., San Francisco.

271.28. Grumman v. U.S. (CA DC.) 1958: Def.-radio operator declined to answer questions before House UnAmerican Activities Committee, on First Amendment and jurisdictional grounds. Feb. 1, 1960: DC granted Def's. motion to dismiss on grounds of vagueness 3 out of 4 contempt counts asking about "Communist" matters, rather than about "member of Communist Party". March 16, 1960: Def. convicted in trial without jury; 4 mth. sentence. Appeal argued; CA postponed further consideration pending U.S.S.C. decisions in Wilkinson and Braden, 271.31, 271.32.

Victor Rabinowitz, Esq., 25 Broad St., NYC, and David Rein, Esq., 711 - 14th St. NW, Washington, D.C.

271.29. Silber v. U.S. (CA DC.) 1958: Def.-radio operator declined to answer questions before House UnAmerican Activities Committee on First Amendment and jurisdictional grounds. Facts, issues and status similar to Grumman, 271.28.
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Victor Rabinowitz, Esq., 25 Broad St., NYC; David Rein, Esq., 711 - 14th St. NW, Washington, D.C.
271.30. U.S. v. Feuer. (ED La., #26,322.) Def. indicted for refusal to answer questions before Senate Internal Security Subcommittee. Pending.

Philip Wittenberg, Esq., 17 W 40th St., NYC.

271.31. Wilkinson v. U.S. (U.S.S.C., #37.) Def. indicted for contempt for refusal to answer question re Communist Party membership on ground of lack of authority of UnAmerican Activities Comm. to hold any hearings, as on "communism in the south". Jan. 1959: convicted after jury trial; 1 yr. sentence. CA 5 affirmed. Certiorari granted. Nov. 17, 1960: argued in U.S.S.C.

Rowland Watts, Esq., for Am. Civil Liberties Union, 156 Fifth Ave., NYC.

Amicus brief filed by National Lawyers Guild, by Lorraine Binder, Louis Berry, David B. Finkel and Charles Stewart, Esqs., all of Los Angeles.

271.32. Braden v. U.S. (U.S.S.C., #54.) Def. indicted, convicted, sentenced to 1 yr. in same hearing as Wilkinson, 271.31, for refusal to answer questions re Communist Party, Southern Conference Educational Fund, Emergency Civil Liberties Comm., southern integration publication, petition against House Comm. on UnAmerican Activities, on First Amendment grounds. CA 5 affirmed. Certiorari granted. Nov. 17, 1960: argued in U.S.S.C.

John M. Coe, Esq., 205 Bell Bldg., Pensacola, Fla.; C. Ewbank Tucker, Esq., 422 S. 6th St., Louisville, Ky.; Leonard B. Boudin, Esq., 25 Broad St., NYC, for Emergency Civil Liberties Comm., 421 - 7th Ave., NYC.

271.33. Yellin v. U.S. (CA 7.) Feb. 1958: Def.-student declined to answer all questions before House UnAmerican Activities Comm. on basis of First Amendment and U.S.S.C. Watkins decision, 271.14, 354 U.S. 178. 1960: in trial without jury, Def. called Cong. Walter as witness re legislative purpose of Comm. hearings and reports, called Prof. Thomas Emerson re effects of Comm. on exercise of First Amendment rights in terms of "balancing" tests of Barenblatt, 271.7, 360 U.S. 109. Convicted; 1 yr. and $250. fine. Appeal pending.

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

271.34. U.S. v. Lehrer. (ND Ind.) Facts and issues similar to Yellin, 271.33. Awaiting trial.

Willard Lassers, Esq., 11 S. LaSalle, Chicago.

271.35. U.S. v. Malis. (ND Ind.) Def.-steelworker declined to answer questions in same hearing on same grounds as Yellin, 271.33. Awaiting trial.

Pearl Hart, Esq., 30 N. LaSalle, Chicago.

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

Pearl Hart, Esq., 30 N. LaSalle, Chicago.

271.37. Turoff v. U.S. (CA 2.) Def.-worker indicted for refusal to answer questions about political affiliations and beliefs of others, having told House UnAmerican Activities Comm. about his own Communist Party membership. Dec. 1959: tried before jury; convicted on 2 counts of contempt, 1 count dismissed for vagueness. Appeal pending.

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

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

Leonard Boudin, Esq., 25 Broad St., NYC; Morton Stavis, Esq., 744 Broad St., Newark, N.J., for Emergency Civil Liberties Comm., 421 - 7th Ave., NYC.

271.42. U.S. v. Popper. (DC DC.) Def.-Atty. cited for contempt of Congress for refusal to answer questions before House UnAmerican Activities Comm. concerning denial of passports to Communist Party members, on First Amendment grounds. Pending.

Leonard B. Boudin, Esq., 25 Broad St., NYC.

271.43. Wheeldin v. U.S. (CA 9.) Def.-newspaperman sued to quash House UnAmerican Activities Comm. subpoena (see 222.1), did not appear at hearing after being subpoenaed, on grounds of lack of power of Comm. to question him, under First Amendment. After trial, DC found Def. guilty; 30 days, $100. fine. Oct. 17, 1960: CA 9 affirmed, taxed Def. $589. costs.

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

271.44. U.S. v. Alexander. (DC DC.) Def.-social worker cited for contempt of Congress for refusal to answer questions before House UnAmerican Activities Comm. as to persons who were Communist Party members in Chicago in 1956, on grounds of conscience. Pending.
271.45. Hutcheson v. U.S. (CA DC, #15,906.) June 1958: Def.-Carpenters Union pres. refused to answer questions before Sen. Comm. on Improper Activities in Labor-Management Field. Def. contends questions solely personal matters, not within scope of Comm. investigation, i.e.: whether he knew Hoffa, (Teamster Union pres.), alleged conspiracy to prevent indictment of Def. and others in Ind. Apr. 11, 1960: Def. convicted of contempt of Congress in trial without jury; 6 mths. and $500. Appeal pending.

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

271.47. Re Colt, Tobin and Carty. (DC DC.) 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 withold internal working papers. Aug. 23, 1960: House of Reps. cited Rels. for contempt of Congress. Nov. 25, 1960: information filed against Tobin; pending.
271.a. Pauling v. Eastland (U.S.S.C., #419.) June 1960: Senate Internal Security Subcomm. ordered Pet. to return in Sept. to testify to names of persons who circulated petition to UN signed by 11,201 scientists from 49 countries urging
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end to nuclear tests. Pet. refused 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. Nov. 21, 1960: U.S.S.C. denied certiorari.

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

And see cases at 222, and Meisenbach, 51.11.

272. State committees

272.2. New Hampshire v. Uphaus. (U.S.S.C., #336.) (130 A. 2d 278, 355 U.S. 16, 136 A. 2d 221, 360 U.S. 72, 102 N.H. 461, 159 A. 2d 160.) 1956: Dr. Willard Uphaus refused, on First Amendment grounds, to give names of guests at World Fellowship Camp to N.H. Atty. Genl., as directed by N.H. Super. Ct. Convicted of contempt; sentenced to jail until he purged himself. March 1957: N.H. Sup. Ct. affirmed (3-2). Oct. 1957: U.S.S.C., per curiam: judgment vacated, remanded to N.H. Sup. Ct. for consideration in light of Sweezy (272.1). Nov. 1957: on remand, N.H. Sup. Ct. affirmed conviction. June 1959: U.S.S.C. (5-4) affirmed, held: no supercession under Nelson (350 U.S. 497) here; academic and political freedoms in Sweezy (354 U.S. 234) not present in same degree here; in balancing First Amendment rights of Defs. and guests against state interest in names, latter controls. Brennan, J., Warren, C.J., Black, Douglas, JJ., dissenting. Dec. 15, 1959: Def. Sentenced to one yr. in prison, or until he purged himself of contempt by turning over names of guests. While serving sentence, Def. appealed to N.H. Sup. Ct. for immediate release, on ground statute under which Def. was questioned has expired. March 31, 1960: N.H. Sup. Ct. denied application. Apr. 2, 1960: Super. Ct. denied clemency plea; Gov. Powell rejected clemency appeal. 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. Nov. 14, 1960: U.S.S.C. (6-3) dismissed appeal; Black, Douglas, JJ., Warren, C.J., dissenting.

Hugh H. Bownes, Esq., Laconia, N.H.; Royal W. France, Esq., 154 Nassau and Leonard B. Boudin, Esq., 25 Broad, NYC; Louis Lusky and Marvin H. Morse, Esqs., 901 Hoffman Bldg., Louisville; Greville Clark, Esq., Dublin, N.H.; Robert H. Reno and Dudley W. Orr, Esqs., Concord, N.H.

272.3. DeGregory v. Wyman, Atty. Genl. of N.H. (N.H. Sup. Ct.) (c.d. 360 U.S. 717.) 1956: Resp. committed to jail by Super. Ct. for Merrimack Co. for refusal to answer questions re political beliefs asked by Atty. Genl. in face of state immunity statute. Jan. 1957: N.H. Sup. Ct. suspended committal order, pending disposition of Resp's. exceptions re constitutionality of contempt statute. Dec. 1957: N.H. Sup. Ct., after re-argument based on U.S.S.C. decision in Sweezy, 272.1, over-ruled Def's. exceptions. June 1959: U.S.S.C., per curiam, granted motion to dismiss for want of fedl. question, Warren, C.J., Black, Douglas, JJ., dissenting. 1960: Atty. Genl. subpoenaed Def. to answer questions under statute passed after expiration of statute involved in original litigation. June 1960: Def. convicted 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, argued Dec. 6, 1960.

James C. Cleveland, Esq., 4 Park St., Concord, N.H.

272.4. N.A.A.C.P., Va. Conference of N.A.A.C.P., et al. v. Ames. (Ed Va) 1957: Pls.-organizations and individuals sought injunction to restrain enforcement of recent state statutes creating legislative investigating committees on ground they provide for legislature to invade province of the judiciary. Apr. 1957: motion to dismiss heard by 3-judge statutory ct., which refused to grant or deny motion, but reserved decision.

Oliver W. Hill, Esq., 118 E. Leigh St., Richmond, Va., and Robert L. Carter, Esq., N.A.A.C.P., 20 W. 40th St., NYC.

272.10. Rev. Gibson v. Florida Legislative Investigating Comm. (Fla. Sup. Ct.) Jy. 27, 1960: Def.-Negro minister refused on First Amendment grounds to produce N.A.A.C.P. membership lists while under subpoena by Pl.-Comm. Aug. 30, 1960: Cir. Ct. convicted after trial; 6 mths. and $1,200. fine. Sept. 6, 1960: hearing in Fla. S. Ct. on petition for bail pending appeal and allowing appeal.

G. E. Graves, Jr., Esq., 802 N.W. Second Ave., Miami; Robert L. Carter, Esq., N.A.A.C.P., 20 W. 40th St, NYC.

272.11. Rev. Graham v. Florida Legislative Investigating Comm. (Fla. Sup. Ct.) Facts, issues and status similar to Gibson, 272.10.

Tobias Simon and Howard W. Dixon, Esqs., 706 Ainsley Bldg., Miami.

And see cases at 204, 213, and 373.9, 373.10.

273. Legal and administrative tribunals

273.7. Re Rev. Hughes. (Jefferson Co. Cir. Ct., Ala.) Methodist minister served with subpoena duces tecum by Co. grand jury to produce financial and other records of Alabama Council on Human Relations; Pet. refused to produce records. Sept. 2, 1960: Cir. Ct. ordered Pet. to jail "until you purge yourself". Sept. 6, 1960: Pet. released, served new subpoena omitting demand for Council's financial records, testified, released from subpoena.
274. Refusal to produce records

274.3. U.S. v. McPhaul. (U.S.S.C., #33.) (272 F. 2d 627.) 1952: Def. subpoenaed as individual before House UnAmerican Activities Comm., asked and refused to answer questions relating to possession of documents of Civil Rights Congress, but when asked if he would produce the records, he replied he would not. Def. convicted of contempt under 2 U.S.C. 192; 9 mths., $500. Ct. holding Gov't. did not have to establish existence of documents or their possession by Def. CA 6 affirmed. Nov. 14, 1960: U.S.S.C. (5-4) affirmed, by Whittaker, J.: when Def. presented no evidence, burden of proving documents did not exist or were not in his control shifted to Def.; questions asked, though broad, clearly pertinent to Comm. investigation. Douglas, J., Warren, C.J., Black, Brennan, J.J., diss.: "Today's decision marks such a departure from the accepted procedure designed to protect accused people from public passion and overbearing officials that I dissent".

Ernest Goodman, Esq., 3220 Cadillac Tower, Detroit.

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Amicus brief by Civil Liberties Union of Detroit, by Harold Norris, Esq., 1179 Natl. City Bank Bldg., Detroit.

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

280.1. Savelle and Nostrand v. U. of Washington, et al. (Washington S. Ct.) (153 Wash. 431, 53 Wash. 2d 460, 335 P. 2d 10, 362 U.S. 474.) Aug. 29, 1955: temporary restrating order issued prohibiting Def.-University from requiring faculty loyalty oaths from Pl.-professors and others under 1955 Laws, Chap. 377, Sec. 3, which provides immediate mandatory discharge of any Univ. employee who fails to sign notarized oath that he is not member of Communist Party or any organization on Atty. Gen'l's. list. (See 221.) Dec. 1956: Trial Ct. orally held unconstitutional sec. of Act requiring teachers to take oath re Atty. Gen'l's. list because it constituted unlawful delegation of power without standards; title of Act unconstitutional because it did not designate that definitions of "subversive organizations" had been broadened. May 1960: U.S.S.C., per curiam, (7-2) vacated Wash. Sup. Ct. reversal of trial ct. decision for Pls.-Profs., remanded to Wash. Sup. Ct. to pass on question whether state loyalty oath law provides for hearing for employee to explain or defend his refusal to take the oath, citing Seattle v. Ross, 344 P. 2d 216 (1959). Douglas, Black, JJ., dissenting: remand is "a useless act"; statute says refusal to take oath "on any grounds" shall be cause for "immediate termination" of employment; therefore hearing could not change decision. Sept. 21, 1960: reargument before Wash. Sup. Ct. en banc.

Solie Ringold, Esq., 1201 Dexter Horton Bldg., Seattle.

And see cases at 221.

280.5b. Re Nash, et al. (N.Y.C. Bd. of Educ.) 1960: 6 public school teachers charged with having falsely denied past Communist Party membership on job application blanks filed prior to 1955. Teachers allege charges are indirect method of punishing for refusal to inform by testifying re past political affiliations of colleagues, contrary to N.Y. Ct. of App. decision in Allen, 280.5, IV DOCKET 74. Trial Examiner recommended dismissal; cases pending before full Bd.

Rabinowitz and Boudin, Esqs., 25 Broad; David Shapiro, Esq., 20 E. 46th; David Ashe, Esq., 305 Broadway, all of NYC.

280.8. Allen v. Office Employees' Intl. Union, et al. (King Co. Super. Ct.) (152 Wash. 750.) 1957: Def. Union asked Pl.-member if it was true that she was a communist. Pl. refused to answer. On basis of her having been named and refusing to answer question, Def.-Union expelled Pl. after notice and hearing, but gave her chance to return to Union within 6 mths. if she went to FBI and cleared herself. Union informed Pl's. employer that Pl. no longer in good standing and, under contract, Co. must release her, which it did. Pl. sued Def.-Union for damages for tort of interference with contract of employment. Super. Ct. sustained Def's. demurrer. Aug. 1958: Wash. Sup. Ct. held: cause of action stated as against demurrer; did not decide whether union, as a "voluntary association may adopt a constitutional provision, or by-law, making the invoking of the 5th Amendment by a member a ground for expulsion . . .", since no such specific provision was involved in this case. Ct. stated: "a member of a voluntary association may be expelled only on grounds contained in the constitution and by-laws of such organization". Trial date: Nov. 15, 1960.

John Caughlan, Esq., 220 Second and Cherry Bldg., Seattle.

280.11. Wirin v. Ostly. (Los Angeles Dist. Ct. of App.) Test case challenging validity of Levering Act loyalty oath required of public employees as applied to applicant for notary public commission. Super. Ct. affirmed validity of oath. Appeal pending.

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

Amicus appearance by American Civil Liberties Union of Southern California.

280.12. Collins v. Huntington Beach Union High School Dist. (Santa Ana Super. Ct., Calif., #86390.) 1959: Pl.-teacher subpoenaed by House UnAmerican Activities Comm.; hearings cancelled. Comm. turned over information re Pl. to Def.-Bd. (See Sloat, 222.4, IV DOCKET 92; Tuominen, 222.6, V DOCKET 5.) At Dilworth Act hearings, Pl. declined to answer charge of affiliation with Communist organizations, claiming Act unconstitutional, denial of due process because Def.-Dist. refused Pl. permission to inspect Comm. information. June 21, 1960: Super. Ct. upheld Pl's. dismissal. Appeal pending.

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

280.13. Carr, et al. v. Young. (U.S.S.C., #83.) Pls.-Uni. of Ark. prof. and Little Rock High teacher sued to test constitutionality of Ark. Teacher Affidavit Law, Act 10 of 1958 prohibiting employment of public school teacher who fails to file affidavit listing all organizations to which he belonged during preceding 5 yrs. Pulaski Co. Chancery Co. held act constitutional. Feb. 8, 1960: Ark. Sup. Ct. affirmed, held private employers have privilege of asking what organizations employee belonged to and public employers could not be denied privilege, but law could become invalid if administered "with an evil eye and an unequal hand". June 20, 1960: U.S.S.C. granted certiorari; to be heard after Shelton, 280.14.

Edwin E. Dunaway, Esq., Union Life Bldg., Little Rock.

280.14. Shelton v. Tucker. (U.S.S.C., #14.) Pl.-Negro school teacher in Little Rock sued to test validity of Ark. affidavit law (see Carr, 280.13) and 1959 Ark. law prohibiting state, co., city or school agency from hiring N.A.A.C.P. members. June 1959: 3-judge fedl. ct. held affidavit law constitutional because does not make past or present membership in any organization basis for firing; held anti-N.A.A.C.P. law unconstitutional under 14th Amendment. Jan. 1960: U.S.S.C. noted probable jurisdiction. Fall 1960: argued and submitted.

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.

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80.15. Cramp v. Bd. of Public Instruction, Orange Co., Fla. (Fla. Sup. Ct., #30,598.) (118 So. 2d 541.) 1950: Pl.-teacher hired by Def.-Bd. 1959: Def. asked Pl. to execute loyalty oath omitted by oversight since 1950; Pl. refused on constitutional grounds. Pl. brought declaratory judgment action testing constitutionality of Fla. Stats., sec. 876.05-06. Cir. Ct. denied temporary restraining order to prevent Pl's. dismissal, held act constitutional. Nov. 1960: Fla. Sup. Ct. affirmed: scienter implied in sec.; no pre-emption, citing Gibson, 108 So. 2d 729, c.d. 360 U.S. 919, Uphaus, 272.2, 360 U.S. 72. Ct. refused to pass on constitutionality of retrospective oath provision because Pl., having alleged non-membership in any proscribed organization, didn't prove he would be adversely affected by requirement to so state under oath.

Tobias Simon and Howard W. Dixon, Esqs., 706 Ainsley Bldg., Miami, for Fla. Civil Liberties Union.

290. Penalties for False Disclosure
291. Taft-Hartley Oath (see also 203)

291.4. Travis v. U.S. (U.S.S.C., ##3, 10, 71.) Oct. 1954: Def. indicted re affidavits filed in 1952 and 1953 while secy.-treas. of Mine, Mill and Smelter Workers Union, charging false statements re membership, affiliation and support of Communist Party. Dec. 1956: convicted after jury trial; 8 yrs. sentence, $8,000. fine. July 1957: CA 10 reversed, ordered new trial because Def's. character witnesses were questioned about Def's. claim of privilege against self-incrimination before Sen. Comm. Feb. 1958: convicted after second trial; 8 yrs.; $4,000. fine. Nov. 1958: DC denied Def's. motion for new trial based on newly discovered evidence that Gov't. witness Fred Gardner committed perjury in trial by testifying re employment in 1920s when in fact he was then in U.S. Army (see 291.20 re his desertion therefrom.) CA 10 affirmed conviction and denial of motion for new trial. U.S.S.C. granted three petitions for certiorari, on principal case and on motions for new trial based on newly discovered evidence of perjury by Gov't. witness Gardner. U.S.S.C. argument: Dec. 12, 1960.

Nathan Witt, Esq., P.O. Box 156, and Telford Taylor, Esq., 400 Madison Ave., NYC.

And see West, 291.20.

291.6. U.S. v. Killian. (U.S.S.C., #141.) (275 F. 2d 561.) Minor trade union official charged with filing false affidavit re Communist Party "membership" and "affiliation". Dec. 1956: Def. convicted; 5 yrs. on membership count, 3 yrs. on affiliation count, concurrent. June 15, 1957: CA affirmed conviction. Aug. 1957: on Def's. petition for rehearing, CA reversed and remanded for new trial, based on U.S.S.C. decision in Jencks (291.1). May 1958: Def. convicted on re-trial by jury. Jan. 1960: CA 7 affirmed. Petition for certiorari pending.

Meyer and Rothstein, Esqs., 188 W. Randolph St., Chicago; M. Michael Essin, Esq., 623 N. Second St., Milwaukee.

291.7. U.S. v. Fred and Marie Haug. (ND Ohio ED.) Jan. 1957: Defs.-former officials in United Electrical, Radio & Machine Workers indicted for false swearing to Taft-Hartley non-communist affidavits. Pending.

David Scribner, Esq., 154 Nassau, NYC.

And see West, 291.20.

291.20. U.S. v. West, Haug, et al. (U.S.S.C., #93, Misc. ##73, 74.) (170 F. Supp. 220, 274 F. 2d 885.) Jan. 1957: 8 persons indicted for having conspired to have false Taft-Hartley non-communist affidavits filed by 2 of Defs. (already indicted individually in Haugs, 291.7.) Jan. 1958: Ct. granted Gov't's. motion to dismiss one Def. After 4 week trial, jury convicted 7; 18 mths. plus $2,500. fine. After appeal filed, Defs. filed motion for new trial in DC, alleging newly-discovered evidence that chief Gov't. witness Fred Gardner committed perjury in trial on cross-examination by denying service in U.S. Army. Justice Dep't. confirmed Gardner had deserted in 1926. Nov. 1958: testimony taken on motion for new trial from Gov't. witness Gardner and others. Jan. 1959: DC denied motion. Feb. 1960: CA 6 affirmed on consolidated appeal from trial conviction and denial of motion for new trial. Petitions for certiorari pending.

David Scribner, Esq., 154 Nassau, and Victor Rabinowitz, Esq., 25 Broad St., NYC; Ann Fagan Ginger, Esq., 2019 Vine, Berkeley, Calif.; Frank Donner, Esq., 342 Madison Ave., NYC; Jack Day, Esq., Standard Bldg., Cleveland, Ohio.

And see Haug, 291.7, and R. Dennis, 203.3.

292. Government Security Questionnaires

292.2. Ogden v. U.S. (SD Calif., C. Dic., #27951 Cr.) Oct. 3, 1957: 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 Party membership, and affiliation. Jy. 22, 1960: DC found Def. guilty. Motion for new trial Granted. Jan. 17, 1961: new trial date.

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

293. Miscellaneous
295. Right of Privacy
Law review article:

Erwin N. Griswold, The right to be let alone, 55 N.W.U. L. Rev. 216-226.

Case note:

Right of privacy: Sellers v. Henry, (329 S.W. 2d 214, Ky. 1959), 48 Ky. L. Jour. 618-623.

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300. Searches and Seizures
301. Wiretapping
Law review articles:

Peter P. Roper, Sound recording devices used as evidence, 9 Cleve.-Marshall L. Rev. 523-534.

Peter Megargee Brown, The great wiretapping debate and the crisis in law enforcement, 6 N.Y. Law Forum 265-282.

Dorothy Kenyon, Wiretapping, 6 N.Y. Law Forum 283-299.

301.11. U.S. v. Silverman. (U.S.S.C., #66.) (275 F. 2d 173.) Defs., indicted for violation of gambling statutes, moved to suppress evidence obtained by police officers using search warrant, because affidavit on which warrant was based contained evidence obtained by insertion of electronic device part way into wall next to room where Defs. were allegedly talking, in violation of Fedl. Communications Act, sec. 605. Oct. 1958: DC DC denied motion; Defs. convicted. Feb. 1960: conviction affirmed (2-1). May 1960: U.S.S.C. granted petition for certiorari.

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

301.12. Pugach v. Dollinger. (U.S.S.C., #111.) (275 F. 2d 503.) Def., facing trial in state court on charge of conspiracy to commit assault, sought injunction in fedl. DC to prevent use of wiretap evidence in state trial after N.Y. Sup. Ct. granted Dist. Atty's. motion to use this evidence. DC denied injunction. Feb. 1960: CA 2 granted stay of use of such evidence pending argument and decision on merits. Feb. 11, Mar. 26, and May 16, 1960: 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.

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

302. Other Federal cases

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

Case note:

20 Law. Guild Rev. 65-70.

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

Case note:

13 Okla. L. Rev. 316-318.

302.11. Wirin v. Hilden, et al. (SD Calif.) Near midnight, April 20, 1958, Pl.-atty. stopped near U.S.-Mexican border as part of Immigration and Naturalization Service regular border blockade to apprehend illegal immigrants. Def. alleges he was illegally detained, questioned, car and personal effects illegally searched and rights of privacy violated. $10,500, damage action filed with request for permanent injunction against Service. Removed from San Diego Super. Ct. to Fedl. DC. Def's. motion for summary judgment pending.

Nathan L. Schoichet, Esq., 360 N. Bedford Dr., Beverly Hills, Calif.

302.13. Rios v. U.S. (U.S.S.C.) For facts, see V DOCKET 55, Cite: 364 U.S. 253.

Case note:

20 Law. Guild Rev. 70-71.

302.14. Elkins and Clark v. U.S. (U.S.S.C.) For facts, see V DOCKET 83. Cite: 364 U.S. 206.

Case note:

20 Law. Guild Rev. 70-71.

303. Other State cases

303.5. Franklin, et al. v. Gough, et al. (Los Angeles Superior Ct.) 4 policemen entered Pl's. restaurant at noon, searched all persons found there, some Pls. made to undress and stand barefoot on wet floor; no arrests made. Pls. filed claims against Def.-police under city ordinance. Oct. 1957: suit filed. Issue: right of privacy v. right of police to detect crime and criminals; whether search was reasonable under Calif. Const., Art. I, Sec. 10, Sec. 836 Penal Code. Trial date: Nov. 1960.

Gorenfeld, Ross and Manes, Esqs., 510 S. Spring St., Los Angeles.

Amicus appearance by American Civil Liberties Union of S. Calif., by Fred Okrand, Esq., 257 S. Spring St., Los Angeles.

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

Case note:

13 Okla. L. Rev. 318-323.

303.9. Eaton v. Price. (U.S.S.C.) For facts, see V DOCKET 83. Cite: 364 U.S. 263.

Case note:

20 Law. Guild Rev. 65-70.

303.10. Swanson v. McGuire, et al. (ND Ill., #57-C-1164.) Pl., on way to meeting of Alcoholics Anonymous, arrested, charged with disorderly conduct. Pl. alleges he was severely beaten at police station. Next day, charge dismissed. Suit for $100,000. damages filed. Oct. 24, 1960: after argument, DC took under advisement its own motion to dismiss, pending U.S.S.C. decision in Monroe, 303.26.

Joseph M. Taussig, Esq., 134 S. LaSalle St., Chicago.

303.14. Cedeno, et al. v. Lichenstein, et al. (ND Ill., #58-C-1712.) Suit by 13 citizens of Puerto Rican descent for $3,000,000. damages for false arrest by 20 Chicago policemen and for physical injury during arrest Aug. 9, 1958 in "dragnet operation". Pls. charge they were beaten by police, held
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more than 24 hours without being allowed to contact attorneys or post bail, then released. DC granted Def's. motion to dismiss as to Def.-City, denied as to individual Defs.-policemen. Pending.

Charles Pressman, Ernst Liebman and Donald Page Moore, Esqs., 188 W. Randolph St., Chicago.

303.17. Massey v. NYC Police Commr. (Queens Co. Ct.) Aug. 12, 1957: Def. arrested at his home at 10 p.m., officers claiming Def. had throw stones in window of woman's home. Queens Co. Spec. Sess. Ct.: Def. convicted of assault by scratching wrist and finger of policeman while resisting arrest. Def. never charged with act of stone throwing.) Def. alleged he was brutally punched, kicked and beaten at home, on way to police station, and after arrival there. Jan. 6, 1959: App. Div., 2d Dept. reversed (4-1), information dismissed, held arrest without warrant unlawful since alleged crime only misdemeanor; Def. had right to resist arrest; judgment against weight of evidence. N.Y. Ct. of App. affirmed App. Div. Def's. suit against City of NY for assault and false arrest pending.

Jawn A. Sandifer, Esq., 101 W. 125th St., NYC.

Amicus appearance by NY Civil Liberties Union, by Emanuel Redfield, Esq., 60 Wall St., NYC.

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

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

303.20. Michaels v. Chappel. (U.S.S.C.) Pl.-radio newscaster wrote and broadcast a script describing activities of Def.-agent in charge of Fedl. Bureau of Narcotics office in allegedly trying to frame Mickey Cohen. Pl. alleges Def. then had subpoena served on him for appearance before grand jury, when Def. admitted his sole purpose in subpoenaing Pl. was to obtain copy of script. When Pl. appeared, D.A. told him he was not wanted as witness. Suit for $11,500. damages for violation of First and Fourth Amendment rights. Removed to DC, which dismissed; CA 9 affirmed; petition for certiorari pending.

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

303.22. New York v. Walker. (Mineola 1st Dist. Ct.) Sept. 29, 1959: Def.-Negro arrested while walking home from job. Policeman allegedly handcuffed him, made no effort to interfere when 2 passing civilians slugged and pummeled him, threw him into police car, drove to gas station recently held up for identification, but it was closed. Def. charged with disorderly conduct and resisting arrest; jailed overnight. Nov. 10, 1959: convicted of disorderly conduct in non-jury trial; sentence suspended. Appeal pending.

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

303.26. Monroe v. Pape and City of Chicago. (U.S.S.C., #39.) (272 F. 2d 318.) Night of Oct. 29, 1958: Police squad of 14, led by Def.-Pape, entered Pl.-Negro's home without warrant, subjected Pl's. family to indignity because of their race, arrested and held Def. incommunicado 10 hrs., released Pl. without charge. Jan. 1959: Pl. brought damage action in fedl. DC; dismissed. CA 7 affirmed. Issue: do facts state cause of action under Fedl. Civil Rights Act? U.S.S.C. granted certiorari. Argued: Fall 1960.

Donald Page Moore, Esq., 195 W. Adams St., Charles Liebman, Esq., 188 W. Randolph, and John W. Rogers, Esq., all of Chicago.

303.27. Massachusetts v. Spofford. (Mass. Sup. Jud. Ct.) In Def's. absence, Mass. State Police Bureau of Pornography entered Def's. apartment without warrant, searched and seized property. Def. arrested, charged with possession of obscene matters for purpose of exhibition, loan and circulation under Mass. Genl. Laws c. 272, s. 28A. At trial without jury, Def. moved to suppress on ground search and seizure illegal under Fourteenth Amendment and Mass. Declaration of Rights, Art. 14; over-ruled. Def. convicted; $500., 1 yr.-suspended. Appeal pending.

Harold Katz, Esq., 84 State St., Boston.

303.28. Dorius v. Massachusetts. (Mass. Sup. Jud. Ct.) Facts, issues and status similar to Spofford, 303.27, except that warrant for search was obtained. Def. contends warrant unconstitutionally broad and therefore no probable cause shown for its issuance. Pending.

William P. Homans, Jr., Esq., 53 State St., Boston.

And see Marcus, 52.30.

303.29. Dahlgren v. Clary. (Ventura Co. Super. Ct.) Damage suit against Def.-police officers who forcibly extracted blood from arm of Pl., against Pl's. will and without his consent. Pending.

Stephen Reinhardt, Esq., Los Angeles.

Case notes:

Search incident to arrest for traffic violation: People v. Zeigler, (358 Mich. 355, 100 N.W. 2d 456, 1960), 6 Wayne L. Rev. 413-416.

Use of police roadblack to inspect drivers' licenses: City of Miami v. Aronovitz, (114 So. 2d 784, Fla. 1959), 6 Wayne L. Rev. 417-419.

Act of searching suspected shoplifter held slanderous: Bennett v. Norban, (396 Pa. 94, 151 A. 2d 476, 1959), 21 Ohio St. L. Journal 464-466.

310. Indictment
311. Composition of grand jury (see also 510)
312. Character of evidence
(Including Jencks point, 353 U.S. 357, and Jencks Act, 18 USC 3500.)
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312.14a. Palermo v. U.S. (U.S.S.C.) For facts, see IV DOCKET 100. Cite: 360 U.S. 343.

Case note:

39 Ore. L. Rev. 296-298.

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:

20 Law. Guild Rev. 74.

312.22. Coakley v. Dist. of Columbia. (CA DC, #15,858.) Def.-Georgetown Univ. student, medical plan member, consulted Dr. 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, released. June 16, 1960: Def. said he was planning to sue Dr.; 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 charged 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.

Case note:

Def's. right to inspect transcript of state grand-jury testimony: State v. Faux, (345 P. 2d 186, Utah 1959), 39 Ore. L. Rev. 298-301.

313. Entrapment
See Slagle, 335.5.
314. Conspiracy

The tea party theory of conspiracy, 44 Marq. L. Rev. 73-95.

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 impede due administration of justice. Dec. 18, 1959: after 2-month trial, 1 acquitted by DC, 20 convicted, sentenced. 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 inadmissible; prejudicial newspaper and TV publicity militated against fair trial; indictment insufficient to state fedl. offense because no allegation Apalachin meeting unlawful. Nov. 28, 1960: CA 2 reversed.

Frederick S. Abrams, Esq., 1440 Broadway, Osmond K. Fraenkel, Esq., Edward H. Levine, Esq., 120 Broadway, Abraham H. Brodsky, Esq., 111 Broadway, George Feit, Esq., 580 Fifth Ave., Louis Mansdorf, Esq., 320 Broadway, all of NYC; Remo A. Allio, Esq., 19 Washington Ave., Endicott, NY; Fred H. Mandel, Esq., Cleveland, O.; Frank A. Raichle, Esq., 10 Lafayette Sq., Buffalo; Anthony A. Calandra, Esq., 11 Commerce St., Newark, N.J.; Henry G. Singer, Esq., 16 Court St., Brooklyn; William Beirne, Esq., 408 S. Spring St., Los Angeles; Percy Foreman, Esq., 1116 Capital Ave., Houston, Texas; Jacob Kossman and Stanford Schmuckler, Esqs., 1325 Spruce St., Philadelphia.

Am. Civil Liberties Union and N.Y.C.L.U., 156 Fifth Ave., NYC, as amicus curiae.

320. Double Jeopardy

Double jeopardy and dual sovereigns, 35 Ind. L. Jour. 444-454.

321. Federal cases

Federal multiple offense prosecutions: The same evidence test and cumulative punishment, 1960 Wash. U. L. Quart. 98-114.

322. State cases
Case note:

Conviction of lesser offense after acquittal of offense charged: People v. Barton, (172 A.C.A. 581, 341 P. 2d 709), 11 Hastings L. Journ. 343-344.

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

Privilege against self-incrimination, 13 Okla. L. Rev. 329-341.

331. Congressional Committees

331.10. Presser v. U.S. (CA DC, #15,697.) Def., Teamsters Union official, indicted for contempt of Congress for refusing to answer questions before Senate Rackets Comm., as to whether he had destroyed personal or union records after they had been subpoenaed by Comm. Feb. 2, 1960: Def. convicted, on ground Def. had made broad statement about the records, thereby opening door for cross-examination on the records and waiving Fifth Amendment plea against self-incrimination; 2 mths., $100. Oct. 27, 1960: CA DC affirmed.

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

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

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333.16. Nusbaum v. Newark Morning Ledger. (Sup. Court of N.J., #A-28.) In libel suit over newspaper account that Pl. was member of Communist Party or knowing associate of Party members or sympathizer with Party objectives, witnesses not parties to the suit were subpoenaed by Def.-newspaper in pre-trial discovery proceedings, pleaded Fifth Amendment privilege to questions concerning Communist Party membership or their association with known or alleged Party members. Nov. 4, 1960: N.J. Sup. Ct. held witnesses not required to answer.

And see Independent Productions, 30.1.

333.17. New Jersey v. Hansen. (N.J. Sup. Ct.) Mar. 1958: Def. testified before grand jury that she was accomplice in hold-up murder. Jan. 1959: Def. told N.Y. Daily News her testimony had been false. 1959: recalled before grand jury, Def. refused to testify; convicted of contempt; $100. fine. Called to testify at murder trial of 3 others: Def. refused to testify; convicted of contempt; $500. fine. Oct. 24, 1960: N.J. Sup. Ct. affirmed conviction for refusal to testify at trial, found Def. did not show how she would be incriminated if she testified since State could not use her trial testimony at subsequent perjury trial if it would incriminate her; reversed grand jury conviction because Def. called to determine whether she had committed perjury and had clear right to remain silent.
334. Grants of immunity: federal

334.3. Reina v. U.S. (U.S.S.C., #29.) (170 F. Supp. 592, 273 F. 2d 234.) Witness before fedl. grand jury claimed Fifth Amendment privilege in declining to answer questions. Def. granted immunity from "any penalty or forfeiture or on account of any transaction, matter, or thing concerning which he is compelled . . . to testify", under Narcotic Control Act, 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; 2 yrs. CA 2 affirmed. U.S.S.C. granted certiorari. Nov. 7, 1960: argued and submitted.

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


Immunity from prosecution in the American Federal System, 11 West. Res. 264-277.

333.18. Larasso and Majuri v. N.Y. State Investigation Comm. (SD NY.) Pls., under fedl. indictment in N.J. for violation of Taft-Hartley Labor Management Act of 1948, subpoenaed by Def. Oct. 28, 1960: Pls. filed fedl. action to enjoin Def.-state Comm. from compelling testimony which allegedly would result in irreparable harm in fedl. proceeding. Pending.
335. Grants of immunity: state

335.5. Slagle, et al. v. Ohio. (U.S.S.C., #105.) 1952: Def.-witnesses before Ohio UnAmerican Activities Comm. claimed Fifth Amendment privilege in refusing to answer questions re political beliefs and affiliations. Convicted of contempt of legislature. Ohio S. Ct. denied Defs'. motion for review of convictions in light of U.S.S.C. decisions in Morgan and Raley, 355.1 and .4, 360 U.S. 423. Oct. 10, 1960: U.S.S.C. postponed question of jurisdiction to hearing on merits.

Thelma C. Furry, Esq., 2nd Natl. Bldg., Akron, Ohio.

335.9. Riela v. New York. (U.S.S.C., ##445, 460.) (7 N.Y. 2d 751.) Def., granted immunity, refused to answer 17 questions before state grand jury on ground of self-incrimination privilege. Co. Ct.: guilty on 17 counts; 60 days, $250. on each count. Apr. 1960: N.Y. Ct. of App. affirmed contempt conviction, but refusal to answer series of questions only one contempt, reversing sentence. Appeal and certiorari pending in U.S.S.C. Issue: denial of due process to Def. because immunity granted not broad enough to protect from fedl. or other state prosecutions.

Louis Mansdorf, Esq., 320 Broadway, NYC.

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.) (23 N.J. 364, 33 N.J. 277.) 1955: Pl.-teachers suspended on ground that claim of Fifth Amendment privilege before House UnAmerican Activities Comm. constituted conduct unbecoming a teacher. N.J. Commr. of Educ. held dismissal illegal under Slochower (350 U.S. 551), remanded. Feb. 1957: N.J. Sup. Ct. affirmed, remanded to Def.-Bd. for inquiry re Pls. past and present political affiliations, whether conduct before House Comm. contumacious or frivolous. 1958: after public hearings, Bd. dismissed Pls. for "insubordination" in refusal to answer Bd's. inquiries. State Educ. Commr. upheld Pl's. dismissal, ordered 2 yrs'. back pay during period of suspension. Jy. 18, 1960: N.J. Sup. Ct. reversed discharge 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 wtih general description of source thereof. Newark Bd. of Educ. again dismissed Pl. (5-4); State Educ. Commr. sustained. Appeal pending in N.J. Sup. Ct.

John O. Bigelow, Esq., 744 Broad St., and Morton Stavis, Esq., 744 Broad St., both of Newark, N.J.

342.11. Bd. of Public Educ. v. Intille. (U.S.S.C., #448.) (401 Pa. 1, 163 A. 2d 60.) Def.-public school teachers with tenure refused to answer questions re political affiliations and activities before House UnAmerican Activities Comm. on basis of Fifth Amendment privilege against self-incrimination. Pl.-Bd. dismissed Defs. for incompetency. June 1960: Pa. Sup. Ct. (6-1) reversed; held discharges based solely on privileged refusal to testify denied due process under Slochower, (360 U.S. 551), and 14th Amendment privileges and immunities; Globe (362 U.S. 1) distingushed: Pl. did not have tenure, Calif. had chosen to secure information via Fedl. Comm., while Pa. had not. Pl.-Bd's. petition for certiorari pending.

Franklin Poul, Esq., 12th flr., Packard Bldg.; A. Harry Levitan, Esq., 1412 Fox Bldg., both of Philadelphia.

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342.12. Bd. of Public Educ. v. Watson. (U.S.S.C., #449.) (401 Pa. 62, 163 A. 2d 60.) Facts, issues and status similar to Intille, 342.11, except that Def.-tenure public school teacher here declined to answer H.U.A.C. question on First Amendment grounds. Pa. Sup. Ct., reversing dismissal, held such refusal not "incompetency" under Pa. School Code, even if unjustified. (But see reversal of Def's. contempt conviction, 271.6, V DOCKET 58.)

Philip Dorfman, Esq., 1604 Walnut St., Philadelphia.

343. Employment — Other public officers (see also 261)
344. Employment — Private (see also 268, 269)

344.3. Wilson v. Liberty Films, Inc., et al. (Los Angeles Co. Super. Ct., #668887.) Suit filed Oct. 1956 by Pl.-Hollywood scriptwriter charging $250,000. damages for Defs'. conspiracy to deny Pl. screen credit for writing movie script of "Friendly Persuasion" because "he has declined to clear himself of allegations of Communist activities or sympathies". Earlier, Writers Guild of America had ruled in arbitration hearing that Pl. was entitled to sole screenplay credit. Pending.

Margolis and McTernan, Esqs., 3175 W. 6th, Los Angeles.

344.6. United Electrical, Radio and Machine Workers of America, Local 610 v. Westinghouse Airbrake Co. (Allegheny Co. Ct. of Common Pleas, #3132.) Two employees, Union officers, suspended, then discharged for refusal to testify re past Communist Party membership before Sen. Internal Security Subcomm., claiming privilege against self-incrimination. Pl. filed grievance leading to arbitration. Adverse finding by arbitrators being appealed; to be heard by Ct. en banc.

Marjorie Hanson Matson, Esq., 1708 Law & Finance Bldg., Pittsburgh; David Cohen, Esq., Suite 612, Market St. Natl. Bank Bldg., Philadelphia.

344.8. Waterman v. S. Calif. Gas Co. (Los Angeles Super. Ct.) Pl.-employee dismissed by Def.-employer for refusal to answer questions re alleged membership of other persons in Communist Party before Calif. Burns Comm. Pl. answered all questions as to himself. Suit for reinstatement filed. Oct. 19, 1960: argued and submitted.

A. L. Wirin and Fred Okrand, Esqs., 257 S. Spring St., and Allan Carson, Esq., 354 S. Spring St., all of Los Angeles.

344.9. Sief, et al. v. Bethlehem Steel Co. and United Steelworkers Union. (Balt City Super. Ct.) Aug. 1958: action filed by five former employees against Def.-Co. and Unions, charging violation of contract resulting from their discharge after they had refused to testify before House UnAmerican Activities Comm. on grounds of Fifth Amendment privilege. Pls. seek damages and order requiring arbitration of their grievances. Jan. 20, 1959: law motions argued.

Fred E. Weisgal and Stanley Sollins, Esqs., 817 Fidelity Bldg., Baltimore, Md.

344.13. Zelman, et al. v. Bethlehem Steel Co. and United Steel-workers Union. (ND NY.) Pls. pleaded Fifth Amendment privilege before House UnAmerican Activities Comm., discharged by Def.-Co. Pls. suing for damages and arbitration of grievances against employer and union. Transferred from DC Pa. to ND NY; pending.

Victor Rabinowitz, Esq., 25 Broad, NYC; David F. Mix, Esq., 3060 Bailey Ave., Buffalo.

345. Attorneys (see also 265, 373)

345.1. Cohen v. Hurley. (U.S.S.C., #84.) (9 A.D. 2d 436, 195 N.Y.S. 2d 990; 10 A.D. 2d 581, 196 N.Y.S. 2d 277; 7 N.Y. 2d 488, 199 N.Y.S. 2d 658, 166 N.E. 2d 672.) Appellantatty. subpoenaed to appear with books and records in 'ambulance-chasing' inquiry directed by trial ct., no charges having been filed nor witnesses presented against him. App. declined to answer certain questions and to produce books and records, asserting privilege against self-incrimination. Trial Ct. held App. entitled to assert privilege, deemed refusal to answer and produce a violation of App's. duty as member of the Bar; ordered App. disbarred. N.Y. Ct. of App. affirmed. June 6, 1960: U.S.S.C. granted petition for certiorari, set for argument after Konigsberg, 265.21.

Theodore Kiendl, Esq., 15 Broad, NYC.

Amicus brief filed by Natl. Lawyers Guild, 154 Nassau, NYC.

346. Unemployment insurance and Social Security (see also 263)
350. Due Process
351. Delay in arraignment
352. Grand Jury procedures
353. Confessions

353.3. Reck v. Ragen. (U.S.S.C., #181.) (392 Ill. 311, 64 NE 2d 526; cert. den. 331 U.S. 855, 7 Ill. 2d 261, 130 NE 2d 200; cert den. 350 U.S. 942, 274 F. 2d 250.) 1936: Def.-Reck and 3 others arrested for murder; Reck, 19 yrs. old, held in custody one week, without opportunity to see counsel or family (during which time taken to hospital twice when he fainted and passed blood from his mouth), signed confession. At arraignment, immediately entered not guilty plea; at trial, unsuccessful in having confessions kept from jury. Found guilty, 199 yr. term. 1945: Ill. S. Ct. affirmed conviction in writ of error proceeding, U.S.S.C. denied cert.; 1948: DC denied petition for habeas corpus writ on ground of failure to exhaust state remedies. 1952: state trial ct. denied petition under Ill. Post-Conviction Hearing Act; Ill. S. Ct. affirmed; U.S.S.C. denied cert., without prejudice to application for habeas corpus writ in DC. Apr. 1959: DC quashed writ of habeas corpus. CA 7 affirmed. U.S.S.C. granted petition for certiorari and in forma pauperis petition. Issue: whether confession taken from prisoner during illegal period of detention under circumstances given, plus Def's. low intelligence, denied him due process.

Counsel secured by Ill. Div., Am. Civil Liberties Union: Richard Siegal, Esq., 135 S. LaSalle St., Donald P. Moore and A. Bradley Eben, Esqs., all of Chicago.

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353.7. Blackburn v. Alabama. (U.S.S.C.) For facts, see V DOCKET 34. Cite: 361 U.S. 199.

Case notes:

20 Law. Guild Rev. 76-77;

6 N.Y. Law Forum 327-333.

353.8. California v. Atchley. (U.S.S.C., #95.) (346 P. 2d 764; c.g. 362 U.S. 987.) Aug. 3, 1958: illiterate Def arrested for murder of estranged wife, denied counsel despite repeated requests, held "in state of shock" 48 hours with little or no sleep, gave confession to insurance agent he thought was acting as advisor in semi-confidential capacity but really was acting for police, signed confession he could not read. Convicted after trial, death penalty. May 23, 1960: leave to proceed in forma pauperis and petition for certiorari granted; execution stayed pending U.S.S.C. decision.

Case note:

48 Cal. L. Rev. 697-703.

354. Unfair press releases
355. Perjured testimony (see also 312)

355.4. Sobell v. U.S. (U.S. Pardon Atty., Pres. Eisenhower.) (142 F. Supp. 515, 355 U.S. 873, 920.) DC denied Def's. motion under 28 U.S.C. 2255 to vacate conviction and 30-yr. sentence for conspiracy to commit espionage on grounds: (1) Gov't. knowingly used perjured testimony; (2) Gov't. suppressed evidence which would have helped Def. and impeached Gov't. case; (3) Gov't. during hearing on motion in arrest of judgment made false representations to Ct., Gov't. during trial used document and witness to prove Def. had been legally deported by Mexican Gov't. whereas Def. contends he was in fact kidnapped by U.S. Gov't's. agents without knowledge or consent of Mexican Gov't., which allegedly later protested this action. Other issues: whether removal of Def. violated extradition treaty between U.S. and Mexico and therefore deprived U.S. of power to try Def. CA 2 affirmed. 1957: U.S.S.C. denied certiorari. Nov. 21, 1960: clemency appeal by 1,500 ministers filed with Pres. after Def. had served 10½ yrs. [Gov't. witness Greenglass released after serving 10 of 15 yrs. sentence.]

Donner, Kinoy, Perlin and Piel, Esqs., 342 Madison Ave., NYC.


William M. Kunstler, Perspective on the Sobell Case, The Nation, Nov. 12, 1960, pp. 362-5.

356. Courts martial

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.

356.10. Re Savello. (U.S. Army Bd. of Rev.) 1952: Respondent-soldier left Camp Kilmer believing his discharge had been granted and he was free to take terminal leave. Nov. 17, 1959: Resp. arrested, imprisoned 6 mths. awaiting court-martial for desertion during Korean War, tried; convicted; 21 mths. sentence. Spring 1960: Resp. filed petition for writ of habeas corpus in DC; denied. Nov. 1960: Army Bd. of Rev. reversed conviction, found Army — willfully or negligently — had withheld information vital to defense during court martial.

Michael Dennis, Esq., 185 Montagu, Brooklyn.

Law review article:

Hon. Robert E. Quinn, The United States Court of Military Appeals and individual rights in the military service, 35 N. Dame Lawyer 491-507.


Criminal jurisdiction over dependents and civilian employees of the armed forces overseas, 21 Ohio St. L. Jour. 438-453.

Military trial of civilians, 1960 U. of Ill. 161-168.

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

358.8. Mackey v. Mendoza-Martinez. (SD Calif.) (356 U.S. 258; 362 U.S. 384.) American-born citizen went to Mexico at time of World War II. On return, charged wtih draft evasion; pleaded guilty; served term. On release, DC ordered denaturalization; CA 9 affirmed. Apr. 1958: U.S.S.C. vacated judgment, remanded to DC "for determination in light of Trop, 356 U.S. 86". Oct. 1958: DC held Sec. 40j of 1940 Nationality Act unconstitutional for imposing expatriation on native born citizens who remain outside U.S. to avoid war-time military service. Apr. 1960: on Gov't. appeal, U.S.S.C. (6-3), per curiam, remanded to DC for decision on whether Gov't. collaterally estopped from challenging Def's. citizenship since citizenship status necessarily adjudicated in draft evasion case. Pending in DC.

Thomas R. Davis, Esq., Bakersfield, California.

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358.15. Williams v. U.S. (U.S.S.C.) Bd. of Imm. App. held Pet's. membership in Communist Party wtihin 10 yrs. prior to application for suspension of deportation precluded suspension. DC Mich. affirmed. Nov. 1959: CA 6 affirmed. Petition for certiorari pending.

Goodman, Crockett, Eden, Robb and Philo, Esqs., 3220 Cadillac Tower, Detroit.

358.16. Costello v. U.S. (U.S.S.C., #59.) (c.g. 362 U.S. 973.) Gov't. sought denaturalization of Def., now serving 5-yr. sentence for income tax evasion, on charge of fraudulently having obtained citizenship in 1930 by wrongfully listing "real estate" as occupation, instead of "bootlegging". Feb. 16, 1960: CA 2 affirmed denaturalization. May 16, 1960: U.S.S.C. granted certiorari.

Edward Bennett Williams, Agnes A. Neill, Vincent J. Fuller, Esqs., 839 - 17th St. NW, Washington, D.C.; Morris Shilensky, Esq., 120 Broadway, NYC.

358.17. Cort v. U.S. (DC DC.) 1952: Pl.-American citizen-Dr. moved to England. 1953: Pl. ordered to report for induction into U.S. Army. Pl. deliberately remained abroad allegedly to avoid serving; indicted for failure to obey draft board order; State Dept. declared Pl. expatriate, refused him a passport. Pl. sued to recover citizenship. Oct. 11, 1960: 3-judge fedl. ct. granted Pl's. motion, held sec. of 1952 Immigration Act unconstitutional for using expatriation as cruel and unusual punishment.

Rabinowitz and Boudin, Esqs., 25 Broad St., NYC.

358.18. Guerrieri v. Herter. (DC DC.) Action for declaratory judgment that Pl. is citizen of U.S. and has not lost her nationality as result of extended expatriation. DC held for Pl. on ground that 5 yrs. continuous residence abroad was not established since Pl. had on two occasions spent subtantial periods of time in U.S.

Rabinowitz and Boudin, Esqs., 25 Broad, NYC, and Forer and Rein, Esqs., 711 - 14th NW, Washington, D.C. for Emergency Civil Liberties Comm.

358.51. Heikkila v. Barber, Dist. Dir. (CA 9.) 1906: Pet., born of U.S. citizen-parents in Finland, entered U.S. at age 6 mths. for permanent residence. 1947: arrested for deportation for membership in Communist Party 1928-1939. 1957: Pet. moved for dismissal of deportation order in light of U.S.S.C. decision in Rowoldt, 258.1, 355 U.S. 115. Mar. 1958: DC sustained deportation, held Galvan, not Rowoldt, applied. May 2 set for argument over wording of order. Apr. 18, 5 p.m.: Pet. taken into custody, prevented from notifying counsel or wife, deported by plane at 11 p.m. Held 48 hrs. in secret jail in Vancouver before flight to Finland. Apr. 25: Pet. returned to U.S. by U.S. officials on Finnish passport. May: DC denied motion to hold Dist. Dir. in contempt, held deportation lawful tho morally reprehensible, held Rowoldt inapplicable and Pet. still deportable under outstanding deportation order. Gov't. opened exclusion proceeding against Pet., on theory parole instituted on his return to U.S. from Finland. DC denied injunction to halt exclusion hearing. Imm. Service ordered Pet. excluded and deported because: he entered U.S. April 25, 1958 without visa (on orders of Imm. Serv.); he obtained passport by fraud in 1930; he has been a member of Communist Party after entry in 1906. Nov. 4, 1959: deportation and contempt cases argued before CA 9. May 7, 1960: Pet. died, rendering moot question of deportability. DC decision that Imm. Service Dist. Dir. not in contempt of ct. for kidnap-deportation of Pet. still pending on appeal.

Rubin Tepper and Lloyd McMurray, Esqs., 785 Market St., San Francisco.

358.52. Re Daniels. (Imm. Hg. Officer.) Non-citizen arrested for deportation to Greece due to former Communist Party membership. Hearing postponed to permit Resp. to produce testimony that deportation of ex-Communist to Greece would result in political persecution.

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

358.54. Cheng Fu Sheng v. Rogers. (U.S.S.C., #393.) 1954: Def.-Nationalist Chinese officers defected, applied for asylum in U.S. Imm. Service instituted deportation proceedings to return Defs. to Formosa. Oct. 6, 1959: DC DC held Defs. could not be deported to Formosa because it is not a sovereign country under international law, but Nationalist China only has "authority" over it. CA DC reversed. U.S.S.C. denied certiorari.

Arlin W. Hargreaves, Esq., 550 Montgomery St., San Francisco; Jack Wasserman, Esq., Washington, D.C.

358.57. U.S. v. Varela. (CA 2.) Apr. 1, 1960: Def.-Spanish sailor jumped Spanish naval ship just before fulfilling 4-yr. conscription term. June 6, 1960: Def. married Puerto Rican, went to NYC to await Mexican emigration visa, which arrived Jy. 18. U.S. Imm. Service arrested Def. for deportation to Spain under 1903 reciprocal treaty for return of deserters. Oct. 5, 1960: SD NY denied motion for stay of deportation; Imm. Service planned to deport Def. Oct. 6. Oct. 6, 1960: SD NY denied new motion for stay, after Service failed to contest allegation that Def. was to be deported without time to file appeal. Oct. 6, 1960: CA 2, specially convened, granted postponement, set hearing for Nov. 14.

Ernest Fleischman, Esq., 120 E. 41st., and Maximo Gonzalez, Esqs., 159 W. 23rd, for Workers Defense League, 112 E. 19th, all of NYC.

359. Loyalty hearings (see also 251 and 268)
360. Speedy and Public Trial
370. Right to Counsel
Law review article:

Neil W. Schilke, Right to counsel — an unrecognized right, 2 W. and M. L. Rev. 318-352.

371. Federal cases
372. State cases

372.11. Hudson v. North Carolina. (U.S.S.C.) For facts, see V DOCKET 88. Cite: 363 U.S. 697.

Case note:

20 Law. Guild Rev. 76-77.

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373. Indirect restrictions (see also 265, 345)

373.1. Re Gladstein. (DC Hawaii.) 1952: During trial in Fujimoto, 241.4, 251 F. 2d 352, Honolulu Dist. Ct. issued order to show cause why Gladstein should not be disbarred for actions in Dennis (341 U.S. 494, and see contempt citations against attys.) Attorney filed affidavit of bias and prejudice against Fedl. Judge who issued order; denied. CA 9 held: Fedl. judge prejudiced and matter to be heard by another Fedl. judge. 1956: Judge McLaughlin disqualified himself; pending before Judge Wiig.

George R. Andersen, Esq., 240 Montgomery St., San Francisco; Bouslog and Symonds, Esqs., 63 Merchant St., Honolulu, T. H.

373.8. Otto L. Tucker, Atty. v. 7th Dist. Comm. of Virginia State Bar. (Va. Sup. Ct. of App., #5249.) 4 Negro and 2 white youths went drinking together; their car smashed into car occupied by a white couple; youths charged with composing a mob to feloniously assault the couple. Resp.-Negro attorney retained to represent the 4 Negroes and 1 white. While interviewing second white youth as witness, youth allegedly requested Def. to represent him, which Def. offered to do. State Bar Comm. charged Def.-Atty. with solicitation of business. Dec. 21, 1959: 3-judge Ct. held Resp. had violated Va. Code Sec. 54-74(6) and Va. Canons of Professional Ethics, No. 27; "However, we have taken into consideration that the respondent's reputation for professional conduct in the past is good, and also the fact that the motive for the solicitation was not so much personal gain, of which there was little hope, as a desire to serve his other clients efficiently". Resp. reprimanded. Oct. 4, 1960: Va. Sup. Ct. granted writ of error. March 1961: to be argued.

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.) Resp.-Negro attorney charged with: 1) attempting to assist in prosecution of white Def. charged with raping Negro woman; 2) representing two Defs. without having first been authorized to do so by Defs. or their families. Pending.

And see 373.8 re Resp. Tucker's brother.

374. Opportunity for appellate review

Indigents' right to counsel on appeal, 11 West. Res. L. Rev. 649-661.

374.1. Eskridge v. Washington State Board of Prison Terms and Paroles. (Wash. Sup. Ct., #33928.) (357 U.S. 214.) 1935: Pet. convicted, unable to appeal because of lack of funds to pay for printing of record and state's failure to provide for same. June 1958: U.S.S.C. (6-2) reversed, per curiam, following Griffin v. Illinois, 351 U.S. 12 (1956), and remanded for new appeal with appellate costs waived; Harlan and Whittaker, JJ., diss. Pending before Wash. Sup. Ct.
374.12. Bailleaux, et al. v. Hatfield, et al. (CA 9, #16,877.) (177 F. Supp. 361.) Seven inmates of Ore. state penitentiary filed petitions alleging prison regulations denied them full access to cts. to appeal illegal confinements. Oct. 1959: DC 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 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 Bdg.; Cecil Johnson, Esq., 211 Pioneer Trust Bldg.; Louise Jayne, Esq., 610 Am. Bank Bldg., all of Portland.

Amicus brief by Oregon Civil Liberties Union.

Case note:

58 Mich. L. Rev. 1233-1235.

374.14. Newsome v. Smyth. (U.S.S.C., #116.) (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.

Armistead L. Boothe, Esq., 1st and Citizens Natl. Bank Bldg., 505 King St., Alexandria, Va.

380. Confrontation
381. Criminal cases
382. Civil cases
390. Jury Trials (see also 510)

390.4. U.S. ex rel. Fletcher v. Cavell, Warden, Western State Pen. (CA 3.) (395 Pa. 134, 149 A. 2d 434.) Rel. convicted of first degree murder in trial before jury which included relative of deceased and son-in-law of Co. Detective in charge of prosecution of Rel. Pa. Ct. denied Rel's. petition for habeas corpus; U.S.S.C. denied certiorari. DC, after hearing, stayed action so Pa. S. Ct. could give consideration to constitutional issues raised by this type of jury. Pa. S. Ct. denied petition for writ of habeas corpus; U.S.S.C. denied certiorari. DC refused to issue writ of habeas corpus, finding presence on jury of Co. Detective's son-in-law unimportant because Co. Detective's testimony merely cumulative; relationship of another juror to victim too remote to be given any weight, tho within prohibited degree of consanguinity under common law. Oct. 20, 1960: appeal heard and submitted.

Marjorie Hanson Matson, Esq., 1708 Law & Finance Bldg., Pittsburgh, Pa.

Amicus appearance by American Civil Liberties Union.

400. Excessive Bail; Parole Conditions
401. Amount of bail
402. Conditions imposed
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403. Denial of bail

403.1. Trimble v. Stone. (DC DC.) Juvenile confined in receiving home pending trial on simple assault and indecent liberties charges. Sept. 30, 1960: DC DC held juvenile has constitutional right to release on bail.
403.2. Konigsberg and Kern v. New Jersey. (N.J. Sup. Ct.) Defs. charged with murder, denied bail pending trial. Oct. 31, 1960: N.J. Sup. Ct. held (6-0) murder-Def. must be released on bail unless prosecution can show there is fair chance Def. will be convicted of first-degree murder; remanded to Co. Ct. for hearing.
410. Cruel and Unusual Punishment
411. Criminal cases

411.9. U.S. v. Dunn, et al. (SD Fla., ##11,207-11,227.) Dec. 1959: 14 present and former guards at Fla. State Prison indicted for violating fedl. Civil Rights Act by conspiring to inflict physical brutalities on prisoners such as shackling or chaining prisoners to bars of cells for 24 hrs. to a week, sometimes without food or clothing, sometimes spraying prisoners with water under high pressure. Aug. 8, 1960: DC granted Defs'. motion for acquittal.

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

411.10. Newsom v. California. (Calif. Adult Auth.) 1949: 2 persons murdered; Def. tried for murder; found guilty; Calif. Sup. Ct. reversed. Def. tried again for murder; jury disagreed. Def. tried again for murder; jury disagreed. 1950: Def. tried for pre-1949 robbery, convicted; indeterminate sentence. Since 1953: prosecution basis for opposing parole: Def. guilty of murder. Feb. 9, 1960: Super. Ct. denied Def's. petition to set definite limit on sentence for robbery. Dec. 1, 1960: Adult Authority review of case after 10 yrs. imprisonment.

Betram Edises, Robert Treuhaft, Esqs., 1440 Broadway, Oakland, California.

411.11. Winston v. U.S. (SD NY.) 1959: Pl.-Negro Communist Party leader serving 8 yr. sentence under Smith Act conspiracy conviction (see Dennis, 341 U.S. 494) suffered dizziness, vision difficulties. Prison Dr. diagnosed as borderline hyper-tension, told Pl. to reduce weight. Jan. 1960: Pl. hospitalized. Feb. 1960: brain tumor removed; Pl. permanently blind; temporarily paralyzed. Nov. 7, 1960: Pl. filed $1,000,000. damage action against U.S., charging negligence, wrong diagnosis. Pending.

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

And see Winston, 241.14.

412. Extradition
Case note:

Political offenses excluded in extradition treaty with Cuba — affiliation of fugitive with revolutionary movement succeeding to power as demanding government not decisive in overcoming evidence tending to show offense charged was political: Ramos v. Diaz, (179 F. Supp. 459, S.D. Fla. 1959), 35 N. Dame Lawyer 566-569.

412.8. In re Williams. (CA 6.) 1949: Def.-Negro convicted, sentenced to prison in Georgia, escaped to Michigan. 1959: Genesee Co. Cir. Ct. ordered Def. remanded to Ga. sheriff in extradition proceedings. Trial ct. refused offer of proof that Def. would be denied access to appellate review and would be subjected to cruel and unusual punishment in Ga.; that warrant invalid because Ga's. Gov. illegally elected as result of state action in denying Negro citizens right to vote; that state policy of Mich. is to support U.S. constitutional provision for equality regardless of race, while Ga's. policy is the reverse; that Negroes are systematically excluded from jury service in Ga. Mich. Sup. Ct. denied stay; U.S.S.C. denied stay. ED Mich.: granted 30 day adjournment to exhaust remedies within demanding state. Ga. S. Ct. affirmed denial of motion for new trial based on discrimination in jury selection. DC Mich. held no jurisdiction; certificate of probable cause denied; stay of execution of extradition warrant revoked. CA 6 Judge granted stay pending CA 6 review of DC alleged abuse of discretion in denying certificate.

Max Dean, Esq., 804 Detroit St., Flint, Michigan.

412.9. Carbo v. U.S. (U.S.S.C., #72.) (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.

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

412.10. In Re Albert Owings. (Middlesex Co. Ct.) Def. pleaded guilty to highway robbery and larceny. 1947: Def. escaped from S.C. chain gang while a trustee. 1947-1960: Def. lived lawabiding life in New Jersey. 1960: Def. arrested at motel, held for extradition. Aug. 19, 1960: Gov. Meyner honored requisition of S.C. Gov. Oct. 21, 1960: Co. Ct. rejected evidence of Def's. good character since 1947 escape; upheld Gov's. extradition order.

Rudolph L. Zalowitz, Esq., Elizabeth, N.J.

412.11. In re Joseph O'Keefe. (Mass. Gov. Furcolo.) 1950: Def. participated in Boston Brink's robbery of $1,219,000. Then Def. tried in Pa. for burglary; convicted; 3-12 yr. sentence; freed on bail pending appeal. 1954: just before expiration of statute of limitations on Brink's case, Def. agreed to testify for State, did so, sending 8 other Defs. to jail for life, serving shorter time himself. 1960: Pa. requested Def's. rendition on old Pa. burglary charge. Nov. 4, 1960: Mass. Gov. refused because: Def. might be killed in prison for having turned state's evidence; Def. had co-operated with prosecution and "Who would testify for the state if the state abandoned that person after his testimony"?
413. Civil cases
420. Illegal arrest

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
- 32 -

and $5,000. for loss of salary, charging false imprisonment. Pending.
420.6. Prof. Genovese v. N.Y.C. (N.Y. Co. Sup. Ct.) Apr. 13, 1960: Pl.-Prof. purchased an anti-Trujillo newspaper on N.Y.C. sidewalk from 2 Dominican exiles after they had been arrested on charges of soliciting funds without a license. Pl. denied food 5 p.m.-10 p.m. in jail, despite serious stomach disorder; released. 2 found not guilty; charges against Pl. dismissed. June 1960: Pl. filed $50,000. damage suit against City and policeman, charging arrest based solely on malice, Pl's. reputation irreparably harmed at Brooklyn Polytechnic Institute. Pending.
420.7. Re Hattie Hallowell. (Queens Surrogate Ct.) May 27, 1957: Resp., 79-yr. old Negro woman, jailed for failure to obey Ct. order to submit accounting in $2,000. estate of daughter. Oct. 28, 1960: Resp., 83, released on order of Surrogate, who accused a series of attys. of abandoning her.
490. Miscellaneous Due Process

490.4. Pauling v. McElroy, Secy. of Defense. (U.S.S.C., #227.) (278 F. 2d 252.) Suit by Nobel-winner, 2 Japanese injured at Hiroshima bombing, Japanese captain of fishing boat which abandoned fishing during U.S. bomb tests, and others, to enjoin further explosions of bombs producing radioactive fall-out and for declaratory judgment on constitutionality of delegation of authority to Defs. to detonate such weapons. (Similar suit forwarded to Moscow for filing in U.S.S.R. Sup. Ct.) DC sustained Gov't's. motion to dismiss. CA DC affirmed; U.S.S.C. denied certiorari, Oct. 10, 1960.

A. L. Wirin and Fred Okrand, Esqs., 257 S. Spring St., Los Angeles; James T. Wright, Esq., of Washington, D.C.; Francis Heisler and Charles A. Stewart, Esqs., Carmel, Calif.

And see Bigelow, 252.51.

490.6. Buxton and Poe v. Ullman, State's Atty. (U.S.S.C., ##60, 61.) (147 Conn. 48, 156 A. 2d 508.) Pl.-Dr. seeking declaratory judgment on constitutionality of Conn. secs. 53-32, 54-196, prohibiting use of contraceptives and application of accessory statute to Drs. prescribing such use. Companion cases brought by families needing to get and use prescriptions for contraceptives to prevent pregnancy endangering wife's life and prevent pregnancy likely to result in fourth abnormal child, and by married couple desiring to use and get prescription for family-planning purposes only. Issue: is statute unconstitutional under Fourteenth Amendment as denial of life and/or liberty? Super. Ct. held statutes constitutional. Dec. 1959: Conn. Sup. Ct. of Errors unanimously affirmed; citing Nelson, 11 A. 2d 856, Tielston, 26 A. 2d 582, and legislative refusal to amend statute, Ct. held it could not interpret act to permit exceptions for these Pls., nor could it hold act unconstitutional as unreasonable when Pls. could avoid medical problems by abstaining from intercourse. May 1960: U.S.S.C. noted probable jurisdiction. Argued: Fall 1960.

Catherine G. Roraback, Esq., 185 Church St.; Prof. Fowler V. Harper, Yale U. Law School, both of New Haven, Conn. Amicus curiae brief filed by A.C.L.U., 156 Fifth Ave., NYC.

Case note:

5 Vill. L. Rev. 677-680.


Connecticut's contraceptive statutes: a recurring problem in constitutional law, 34 Conn. Bar Jour. 310.

490.6a. Trubek v. Ullman, Conn. State's Atty. (Conn. Sup. Ct. of Errors.) Young student couple sought injunction against Def's. enforcement of Conn. Sec. 53-32, 54-196, prohibiting use of contraceptives. New Haven Super. Ct. upheld constitutionality of Secs. Issue: right of married couples to engage in family planning. Nov. 15, 1960: Conn. Sup. Ct. of Errors affirmed.

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

490.6b. Rev. Willard 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., 419 Skiff St., North Haven, Conn.

And see 490.15.

490.12. DeVeau v. Braisted. (U.S.S.C.) For facts, see V DOCKET 90. Cite: 363 U.S. 144.

Case note:

20 Law. Guild Rev. 94-95.

490.14. California v. Turrieta. (Calif. Sup. Ct.) Nov. 1957: 21-yr. old Def. convicted of petty theft for accepting child welfare payments for her 3 children while failing to report whereabouts of children's father; placed on probation and forbidden to have extra-marital relations. Nov. 1959: Dist. Judge revoked probation, 6 mths. sentence in jail for bearing 4th child (her 3d out of wedlock). Feb. 1960: Dist. Ct. of App. reversed, held Def. denied right to counsel in probation proceeding because trial ct. held her waiver of counsel at trial continued through all later proceedings. Nov. 16, 1960: Calif. Sup. Ct. affirmed, ordered Def. re-arraigned and re-sentenced with benefit of proper advice about right to counsel.

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

490.15. Planned Parenthood Comm. of Phoenix v. Maricopa Co. Medical Director. (Maricopa Co. Ct.) 1960: Def. banned distribution of birth control information in Co. medical clinics. Pl's. sued, charging 1901 statute violates U.S. and Ariz. constitutions. Co. Ct. denied Def's. motion to dismiss.

N. Area Arizona Civil Liberties Union.

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490.16. Motion by Cleveland Press for Order to Sheriff, Cuyahoga Co. (Cuyahoga Co. Com. Pleas Ct., Execution Docket #140.) Oct. 14, 1959: Reporter for Cleveland Press attempted to interview prisoner Milam; refused permission on orders of Sheriff because Co. Prosecutor objected. Prisoner desired to see reporter; his atty. consented to interview. Oct. 15, 1959: Sheriff persisted in refusal. Press motion for order to Sheriff permitting interview granted by Com. Pleas Ct., under First Amendment guarantees of freedom of speech and press, Ohio Constition Art. I, sec. 11.

Ezra K. Bryan, Esq., Union Commerce Bldg., Cleveland.

Miscellaneous due process literature:

Symposium on psychiatry and law:

Ewing H. Crawfis, Civil rights and mental hospital administration, 9 Cleve-Marshall L. Rev. 417-426;

Thomas S. Szasz, Civil liberties and the mentally ill, 9 Cleve.-Marshall L. Rev. 399-416.


Rules and evidence in disbarment, habeas corpus, and grand jury proceedings, 58 Mich. L. Rev. 1218-1232.

Case notes:

"The right 'to be left alone'.": Roach v. Harper, (W. Va. 105 S.E. 2d 564, 1958), 5 N.Y. Law Forum 465-468.

Comment on defendant's failure to testify: U.S. v. Stewart, (275 F. 2d 617, D.C. Cir. 1960), 6 Wayne L. Rev. 426-428.

Improper comments on pending judicial action: In re Jameson, (340 P. 2d 423, Colo., 1959), 35 N. Dame Lawyer 165-168.



Robert J. Harris, The quest for equality: the Constitution, Congress and the Supreme Court. La. Univ. Press, $4.00, 1960.

500. Elections
501. Racial discrimination

501.2. Ivy v. Cole, Registrar. (Halifax Co., N.C.) (ED N.C., Wilson Div., #610-Civ.) Pl.-Negro minister filed $5,000. damage suit when Def. refused to permit Pl. to vote after asking him questions, such as: name of act passed to enforce 18th Amdt.; what year passed; date Congress convenes; date Pres. inaugurated for 1st term, 2d term, 3d term? N.C. statute requires prospective voter to be able to read and write any section of U.S. Constitution. Issue: arbitrary nature of questions. Def's. motion to strike denied; case pending.

Taylor and Mitchell, Esqs., 125 E. Hargett St., Raleigh; James R. Walker, Jr., Weldon, N.C.

501.4. Reddix v. Lucky, Registrar. (Ouchita Parish, La.) (WD La., #5733-M.) Pl.-Negro's registration challenged under La. statute requiring cancellation of registration upon failure of challenged person to appear within given time. Pl. did not appear, altho qualified; nor did he reapply for registration. Action for declaratory judgment dismissed for failure to state cause of action and exhaust administrative remedies, but deferred for 60 days to give Pl. opportunity to re-register. Feb. 1958: CA 5 reversed, held cause of action stated by complaint alleging that within 30 days of election, registration of 3,000 Negro voters challenged and 2,500 Negro voters struck from rolls in violation of statutory procedures, but not proper case for class action because of variations in each voter's conduct. (Dissent on ground of lack of jurisdiction of fed'l. ct.) Awaiting trial in DC on remand.

James Sharp, Jr., Esq., Monroe, La., and Jessie N. Stone, Jr., 854½ Texas Ave., Shreveport, La.

501.6a. Gomillion v. Mayor Lightfoot. (Macon Co., Ala.) (U.S.S.C., #32.) Aug. 4, 1958: suit filed by Tuskegee Negroes asking permanent injunction restraining Defs. from enforcing 1958 act of Alabama legislature gerrymandering 400 of 405 Negro voters out of City of Tuskegee. Issue: denial of rights, privileges and immunities. 1958: DC upheld constitutionality of act, granted Def's. motion to dismiss for want of jurisdiction. Sept. 1959: CA 5 affirmed, (one judge diss., one judge concurring specially.) Nov. 14, 1960: U.S.S.C., unanimously reversed, per Frankfurter, J.; held: test of legislation not motives behind it, but its actual effect; this involved "affirmative action" by legislature in singling out a "readily isolated segment of a racial minority for special discriminatory treatment" in violation of Fifteenth Amendment; issue is not political. Remanded for trial on merits. Whittaker, J., concurring.

Fred D. Gray, Esq., 34 N. Perry St., Montgomery.

Amicus brief by U.S. Dept. of Justice, by J. Lee Rankin, U.S. Solictor General, Washington, D.C.

501.6b. U.S. v. Alabama. (Macon Co., Ala.) (MD Ala.) (71 F. Supp. 720, 267 F. 2d 808, 362 U.S. 602.) Feb. 6, 1959: U.S. sued for injunction to prevent discrimination against prospective Negro voters under 1957 Civil Rights Act. March 7: DC granted Defs'. motion to dismiss because Defs. are former members of Bd. of Registrars who resigned; there is now no functioning Bd. CA 5 affirmed. May 1960: U.S.S.C., per curiam, vacated DC and CA judgments based on 1957 Civil Rights Act, and remanded to DC with instructions that under Civil Rights Act of 1960, P.L. 86-449, 74 Stat. 86, sec. 601(b), U.S. is specifically authorized to sue boards of registrars and states.
501.8. U.S. v. Raines. (Terrell Co., Ga.) (MD Ga., Americus, #442.) (362 U.S. 17.) Sept. 1958: Justice Dep't. filed first injunction suit under 1957 Civil Rights Act charging Co. election registrars with discriminating against 5 Negroes (incl. 4 teachers) in rejecting their application to register because of their alleged inability to read and write correctly and intelligibly, with delaying hearings on applications. Suit alleges only 48 of 5,036 Negroes of voting age registered in Co., compared with 2,679 of 3,233 whites. Co. Super. Ct. Judge who appointed Def.-registrars issued order barring release of further registration records to FBI and U.S. Gov't. At least one of Pl.-teachers not re-hired after suit filed. 1959: DC dismissed suit. 1960: U.S.S.C. unanimously reversed, by Brennan, J., held 1957 Civil Rights Act clearly constitutional as applied to discrimination by state registration officials in this case; DC should not have considered whether Act could be applied to private citizens thus raising question of its constitutionality. Ct. held acts of officials, whether approved by superiors or not, were state action subject to constitutional limitations; Congress had power to authorize suits by Gov't. in behalf of private citizens' voting rights. Frankfurter and Harlan, JJ., concurred on narrower grounds. June 1960: DC trial on remand. Sept. 13, 1960: DC issued permanent injunction aganst 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. 1960: Defs. report full compliance with injunction.

U.S. Atty. Frank O. Evans and Ben Brooks, Esqs., Dep't. of Justice, Washington, D.C.

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501.9a. Camacho v. U.S. Atty. Genl. Rogers, Gov. Rockefeller. (SD NY.) 1958: Pl.-U.S. citizen from Puerto Rico prohibited from registering in N.Y.C. because literate in Spanish but not in English; complaint filed in state cts. 1960: N.Y. Ct. of App. affirmed dismissal of complaint. (163 N.E. 2d 140.) Sept. 13, 1960: Pl. filed action in fedl. ct. under Civil Rights Act of 1957 for injunction against enforcement of English-language literacy test in N.Y. Issues: 1898 Treaty with Puerto Rico; 14th Amendment; UN Charter and Declaration of Human Rights. Pending.

Gene Crescenzi, Esq., 320 Broadway, NYC.

501.11. U.S. v. Thomas, Registrars of Washington Parish, and White Citizens Council. (Bogalusa, La.) (ED La.) (180 F. Supp. 10, 362 U.S. 58.) June 1959: Justice Dept. sued to enjoin Defs. from purging Negroes from rolls of registered voters. ED La. found 85% of Negro voters in Parish stricken from rolls due to Citizens Council discriminatory purge, ordered Def.-Registrar and his successors to return 1,377 challenged Negro voters to rolls within 10 days, to report to DC if more than 3% of registrants of any one race challenged in any 3-mth. period, to refrain from allowing racially-discriminatory challenges to voters, enjoined Def.-Council from renewing its campaign, retained jurisdiction. Feb. 24, 1960: U.S.S.C. heard argument on Justice Dept. petition for certiorari. Feb. 29, 1960: U.S.S.C. granted petition, affirmed DC order as to Def.-Registrar, per curiam, citing Raines, 501.8, 362 U.S. 17. Remanded to DC.

Weldon A. Cousins and Henry J. Robers, Asst. U.S. Attys. Genl., Louisiana; J. Lee Rankin, Solicitor General, Washington, D.C.

501.11a. Hannah v. Larche. (Shreveport, La.) (Civil Rights Comm.) (176 F. Supp. 791, 177 F. Supp. 816, 363 U.S. 420.) Oct. 1959: 3-judge fedl. ct. (2-1) granted La's. request for injunction against hearings by U.S. Civil Rights Comm. calling voting registrars as witnesses. June 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. Oct. 1960: hearings held in La. with Negro complainants as witnesses.

Case note:

20 Law. Guild Rev. 83-90.

501.13. U.S. v. Assn. of Citizens Councils of La., Inc., and Culpepper, Registrar. (Bienville Parish, La.) (WD La., #7881-S.) June 7, 1960: U.S., in first suit under 1960 Civil Rights Act, charged that Sept. 24, 1956, Def.-Citizens Councils at meeting decided to challenge Negro registrations, and Def. Registrar thereafter purged 560 Negroes from voting rolls before 1956 election. Nov. 18, 1960: trial concluded; decision awaited.

T. Fitzhugh Wilson, U.S. Atty., P.O. Box 33, Shreveport, La.; Joseph M. F. Ryan, Jr. and Harold R. Tyler, Esqs., Civil Rights Div., U.S. Dept. of Justice, Washington, D.C.

501.15. U.S. v. First State Bank of Brownsville, Inc., Peoples Bank of Stanton, 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 sharecrop 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. Sup. Ct.) Pl.-Negro applied to register to vote. Registrar dictated sections of N.C. Constitution; graded Pl's. copy for spelling; found Pls. 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 test administered by Def.-Bd. Appeal to N.C. Sup. Ct. pending.

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

501.17. U.S. v. Voting Registrars. (Montgomery and Sumter Cos., Ala.) (MD 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
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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. Oct. 31, 1960: Atty. Genl. Rogers demanded Sumter Co. records; Ala. Atty. Genl. refused to comply. Pending.
501.18. U.S. v. Sharrow. (SD NY.) Apr. 6, 1960: Def. refused to answer questions of census taker; subpoenaed to appear before grand jury. Jy. 7, 1960: SD NY issued order directing Atty. Genl. to show cause why census law should not be declared invalid and subpoena quashed. Issue: Fourteenth Amendment, sec. 2 provides that states' representation in Congress (and electoral college) shall be reduced in proportion that no. of disfranchised persons bears to whole no. of eligible citizens. This sec. has never been enforced. Instead, only Constitutional provision for apportionment of Cong. based on census taken every 10 yrs. has been followed. Test of failure to enforce sec. 2 pending.

Herbert Monte Levy, Esq., 35 W. 81st, NYC.

502. Political discrimination

502.7. Goldwater v. N.Y. Bd. of Elections. (Sup. Ct., Albany Co.) N.Y. Secy. of State accepted Socialist Workers Party nominating petitions containing more than 12,000 signatures of registered voters. Pl.-Democratic and Liberal Party candidate challenged certification. Oct. 11, 1960: Sup. Ct. Judge affirmed sufficiency of petitions.
502.8. Goldwater v. N.Y. Bd. of Elections. (Sup. Ct., Albany Co.) N.Y. Secy. of State accepted Socialist Labor Party nominating petitions containing more than 12,000 signatures of registered voters. Pl.-Democratic and Liberal Party candidate challenged certification. Oct. 11, 1960: Sup. Ct. Judge held petitions insufficient because election district of 30 voters in one co. incorrectly listed.
502.9. People's Rights Party. (N.Y.C. Bd. of Elections.) 2 Communist Party leaders filed nominating petitions, for State Assembly and Congress. Election Bd. held 1,862 signatures out of 3,362 invalid on one petition, 1,326 out of 4,326 invalid on the other, petitions invalid.
503. Urban discrimination

503.1. Baker v. Carr. (U.S.S.C., #103.) (Tennessee.) Tenn. Constitution requires redistricting of state legislature every 10 yrs.; last redistricting: 1901. Tenn. city voters sued in DC for injunction against continued use of 1901 apportionment, alleging city and suburban sections have as little as 1/10 as many legislators as they are entitled to by population in 1960. 3-judge fedl. ct. dismissed, while agreeing Pls. stated evil needing correction. Nov. 21, 1960: U.S.S.C. noted probable jurisdiction.

Amicus brief by Natl. Institute of Municipal Law Officers.

510. Juries
511. Federal employees
512. Racial discrimination

512.27. Anderson v. Alabama. (U.S.S.C., #326.) (120 So. 2d 397.) Def.-Negro convicted of manslaughter, appealed on ground that no Negro has served on Ala. Co. petit jury, only one Negro has served on grand jury over 7-yr. period during which each venire contained average maximum of 7-8 Negroes. Ala. Sup. Ct. affirmed, held no showing Co. arbitrarily and systematically excluded Negroes from grand jury and petit juries. Petition for certiorari pending.
513. Economic discrimination
514. Political discrimination
515. Discrimination against women
520. Education
Law review article:

Alwin Thaler, With all deliberate speed, 27 Tenn. L. Rev. 510-517.

521. Challenge to unequal facilities

521.1. Holland v. Bd. of Public Instruction. (Palm Beach, Fla.) (SD Fla., #7161.) Suit by Negro parent for admission of son to white public school nearby. Issues: Negro school sub-standard, far from Pl's. home; constitutionality of new Fla. pupil assignment law. Summer 1957: DC held for Def., no evidence assignment based on race of child; plans exist for improved Negro school. Sept. 1958: CA 5 reversed, held "a completely segregated public school system is being maintained and enforced". Feb. 1959: on remand, DC refused to order immediate integration of Pl., upheld Fla. pupil assignment law, held Pl. must exhaust state administrative remedies thereunder. June 1959: CA 5 denied leave to file petition for mandamus. Aug. 1959: Pl. appealed to Fla. State Bd. of Educ. to review Def.-Bd's. denial of admission to white school. 1960: CA 5 ordered Def. to prepare plan for integration. Trial date in DC to be set.

I. C. Smith, Esq., 412 Rosemary Ave., and F. Malcolm Cunningham, Esq., 500 Rosemary Ave., both of W. Palm Beach, Fla.

521.2. Johnson v. Marion Co. Bd. of Educ. (S.C.) (DC S.C.) Def.-Bd. divided one all-Negro school district into two. Negro parents sued to invalidate division; dismissed; S.C. Sup. Ct. affirmed, held no referendum required. Sept. 9, 1960: Negro-Pls. sued to establish right of Negro pupils to attend adequate Negro school across district lines, as white pupils allegedly permitted to do. Pending.

Elliott D. Turnage, Esq., Florence, S.C.

522. Suits to enforce integration

522.Ark2. Matthews v. Launius. (Bearden Dist.) (WD Ark., Civ. #570.) (134 F. Supp. 684.) 1952: Injunction suit filed by Negro-Pls. to force equalization of public school facilities; amended, after Brown decisions to require immediate integration. Oct. 1955: DC ordered integration by Fall 1956 at latest. Oct. 1956: order entered continuing procedings, directing Bd. to present to Ct. at least 10 days before next regular Ct. term a plan to effectuate transition to racially non-discriminatory school system. Pending.

L. Clifford Davis, Esq., 401½ E. 9th, Fort Worth, Texas.

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522.Ark3. Norwood v. Tucker. (Little Rock.) (CA 8, #16586.) (143 F. Supp. 855, 243 F. 2d 361, cert. den. 357 U.S. 566; 358 U.S. 1, 27, 28, 29.) Feb. 1956: integration suit filed. Aug. 1956: DC dismissed suit, held Def.-Bd. had acted in "utmost good faith" in proposing integration over 5-10 yr. period starting perhaps Fall 1957. Apr. 1957: CA affirmed. Aug. 1957: Pulaski Co. Chancery Co. issued injunction to prevent desegregation scheduled for Sept. 3, 1957 under this plan. Aug. 30: DC issued blanket injunction against any interference with integration order. Sept. 3: Nat'l. Guard prevented 9 Negro pupils from entering school, by order of Gov. Faubus; DC issued order confirming Aug. 3 order, directing Def.-Bd. and Supt. to carry it out. Sept. 5: Def. requested suspension of order; denied. Sept. 9: DC ordered petition for injunction filed against Gov. Sept. 14: Nat'l. Guard again barred students. Sept. 20: U.S. Atty. Genl. filed amicus appearance. Sept. 20: DC denied Faubus' application for him to disqualify himself; denied motion to dismiss; ordered Gov. and aides to call off Nat'l. Guard. Gov. complied, filed appeal. (See Faubus, 523.Ark6.) Sept. 23: Negro students entered school under protection of U.S. Army. Feb. 1958: after hearing, DC stayed integration order for 2½ yrs. because of conditions in Little Rock. June: U.S.S.C. denied Pls. direct appeal. Aug. 1958: CA 8 reversed. Sept. 12, 1958: U.S.S.C. uanimously affirmed CA, ending CA stay of desegregation order. Jan. 1959: after hearing, DC ordered Def.-Bd. to move forward within official powers to carry out integration plan, submit report in 30 days. Feb. 3: DC accepted Def.-Bd's. report but motion to reopen schools on segregated basis denied. June 1959: 3-judge fedl. ct. held unconstitutional Acts 4 and 5 of 1958 (school closing and state aid transfer laws). Sept. 1959: Def.-school Bd. assigned 9 Negro students to Central High, affirmed denial of reassignment to 52 Negro applicants. 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. Nov. 17, 1960: appeal heard and submitted.

Wiley A. Branton, Esq., 119 E. Barraque St., Pine Bluff, Ark.; U. Simpson Tate, Esq., 4211 S. Oakland Ave., Dallas, Texas; Thurgood Marshall and Robert L. Carter, Esqs., N.A.A.C.P., 10 Columbus Circle, NYC.

522.Ark5. Dove v. Parham. (Dollarway School Dist.) (ED Ark., #3680.) (176 F.S. 242, 271 F. 2d 132; 181 F.S. 504, 183 F.S. 389, 282 F. 2d 256.) 1959: 3 Negro-Pls. sue for desegregation of public schools. Aug. 1959: 3-judge fedl. ct. ordered immediate integration by admission of 3 Pls. Sept. 1959: CA 8 reversed admission order, affirmed DC holding Pupil Placement Law constitutional with its 15 standards to be considered re each pupil seeking transfer, incl.: residential proximity, scholastic aptitude, mental energy, impact of pupil's admission on other pupils. Oct. 1959: 3 pupils applied for transfers under Pupil Placement Law; Def.-Bd., after giving physical and mental examinations, denied applications. Feb. 1960: DC held Pls. could not transfer to all-white school spring term 1960, ordered Def.-Dist. to file positive plan of racial integration within 30 days. March 1960: CA 8 denied Pls'. motion to expedite appeal. May 1960: Pls. applied for transfers to white school in Sept. 1960. Pls. given physical exams, intelligence tests, interviewed by psychiatrist; Def.-Bd. denied 3 applications. DC held on appeal: 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. 1960: DC accepted plan as good faith start; rejected Pls. complaints against Bd's. denial of applications for transfer. Aug. 1960: CA 8 reversed; found Def.-Bd. applying constitutional Pupil Assignment Laws illegally; held: "After a lapse of six years . . . 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"; affirmed denial of complaint by 3 Pls. Oct. 1960: DC ordered Bd. to submit desegregation plan within 30 days.
522.Dela2. Evans v. Ennis. (7 Dela. Cos.) (DC Dela.) (152 F.S. 886, 256 F. 2d 688, cert den. 358 U.S. 836; 281 F. 2d 385.) 1956: 7 integration suits filed. Jy. 1957: DC held for Pls., made decision applicable to all school districts in state having no plans for desegregation by Fall 1957, ordered Dela. Bd. of Educ. to submit plan for desegregatiton. May 1958: CA 3 affirmed. U.S.S.C. denied Bd's. petition for certiorari. Apr. 1959: DC approved Def.-Bd. plan for stair-step integration starting Sept. 1959, eliminated provisions permitting pupils to choose own school and requiring Negro children to register for first grade but not white children. Jy. 1960: CA 3 vacated DC judgment, 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. 1960: CA 3 denied rehearing. Sept. 1960: U.S.S.C., in special term, denied Def's. application for stay. Sept. 1960: first grade integrated. Bd. must present plan to DC by Dec. 31, 1960.

Louis L. Redding, Esq., 923 Market St., Wilmington, Dela.

522.Fla2. Gibson v. Dade Co. Bd. of Public Instruction. (SD Fla., #6978-M.) (272 F. 2d 763.) 1956: action filed for injunction to prevent Def.-Bd. from continuing operation of segregated public schools under Fla. Pupil Assignment Law. DC dismissed, held Pls. had not sought and been denied admission to particular schools on nonsegregated basis. Jy. 1957: CA 5 reversed, held consideration of constitutionality of Act premature. Fall 1959: Def.-Bd. initiated token integration in one school in Co. Dec. 1959: CA 5 held Pupil Assignment Law may not be used as excuse to delay desegregation, found admission of a few Negroes under Law as "token" of compliance not sufficient, ordered Def.-Bd. to submit plan for desegregation. DC approved Def.-Bd's. letter to all parents detailing children's right to apply to any school in Co. Bd. rejected applications of six Negro students to attend white schools, on ground it would disrupt classroom procedure at this time. Pending.
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Edwin L. Davis, Esq., 941 N.W. 2 Ave., G. E. Graves, Jr., Esq., 802 N.W. 2 Ave., both of Miami, Fla.; Thurgood Marshall, Esq., 10 Columbus Circle, NYC.

Amicus curiae appearance by Greater Miami Chapter of American Civil Liberties Union.

522.Fla3. Mannings v. Bd. of Public Instruction of Hillsborough Co. (Tampa.) (SD Fla., #3554.) (277 F. 2d 370.) Sept. 1959: Negro Pls. filed for admission to Def.-Bd's. schools on non-segregated basis. Sept: DC denied injunction, held Pls. failed to follow procedure in Pupil Placement Laws, which would provide just remedy. CA 5 reversed, held Pls. entitled to have suits heard on merits whether or not they had followed procedures required by pupil assignment laws. Pending in DC.

Francisco A. Rodriguez, Esq., 703 Harrison St., Tampa; Constance Baker Motley and Thurgood Marshall, Esqs., N.A.A.C.P. Legal Defense Fund, 10 Columbus Circle, NYC.

522.Fla5. Augustus v. Escambia Co. Bd. of Public Education. (Pensacola.) (ND Fla., #1064.) 1959: class suit by 12 Negro children for injunction against Def.-Bd's. practice of racial discrimination and for immediate desegregation at all levels and phases of school system, including students, teachers, administrative personnel, or, in alternative, for orderly plan of compliance with Brown decision. Jan. 16, 1961: hearing in DC.

Charles F. Wilson, Esq., 507 W. Gadsden St., Pensacola, Fla.; Constance B. Motley, Esq., N.A.A.C.P. Legal Defense Fund, 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, moved to stay DC proceeding pending state suit. Jy. 1960: DC denied Def's. motion for stay. Nov. 30, 1960: Def's. motion to dismiss pending.

Thurgood Marshall, Esqs., 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.) Jan. 1958: Class action filed for 28 minors seeking injunction restraining Defs. from continuing to operate public schools on racially segregated basis. Jy. 1959: DC enjoined Def.-Bd. from discriminating against Negro pupils, ordered Bd. to submit desegregation plan by Dec. 1959. Jan. 1960: Def.-Bd. submitted revised plan similar to pupil placement plan, but applied to 12th grade first, in reverse stairstep; time given to pupils appealing from placement decisions before opening of school in Fall 1960; omission of economic status as factor in placement; retention of scholastic, social and psychological factors and possibility of racial strife. May 1960: DC postponed effective date of integration order to May 1961, requiring integration of 12th and 11th grades in Fall 1961, to give Ga. legislature opportunity to change statutes to permit integration rather than closing of schools.

E. E. Moore, Jr., Esq., Atlanta, Ga.; Thurgood Marshall, Esq., N.A.A.C.P. Legal Defense and Educ. Fund, 10 Columbus Circle, NYC.

522.Ga4. Holmes v. Danner. (U. of Ga.) (ND Ga.) 1960: class action filed against Def.-Registrar, U. of Ga., for admission of 2 qualified Negro students. Sept. 25, 1960: DC denied Pls'. motion for preliminary injunction. Pending.

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

522.Ga5. Browne, Jordan and Wittkamper v. School Bd., Americus, Ga. (MD Ga.) 1942: Koinonia Community established near Americus as religious fellowship believing in non-violence and racial equality. Pls. — white children of Community — attended Def's. elementary schools. Sept. 12, 1960: Pls. sued for $500. damages and admission to Def's. high school, alleging denial of admission because of "where they were from", in violation of 1871 Civil Rights Act. Oct. 25, 1960: DC issued permanent injunction against Def. refusing to admit Koinonia students; held Def's. action state action denying equal protection; Def.-Bd. "may not arbitrarily refuse to admit a transfer student for 'any reason at all, or for no reason' . . ."
522.La1. Orleans Parish School Bd. v. Bush. (New Orleans, La.) (ED La., #3630.) (138 F. Supp. 336, 337, aff'd. 242 F. 2d 156, cert. den. 351 U.S. 948; 354 U.S. 921; 252 F. 2d 253, cert. den. 356 U.S. 969; 118 So. 2d 127, 471.) 1955: Negro-Pls. sued for injunction to prevent Def.-Bd. from enforcing La. statutes directing State Bd. of Educ. to withhold approval and funds from any school admitting Negro and white students, authorizing parish school sup'ts. to assign children to public schools. Feb. 1956: 3-judge fedl. ct. held statutes invalid, DC Judge Wright issued order to Def.-Bd. to desegregate public schools "with all deliberate speed". March 1957: CA 5 affirmed, held 1954 La. constitutional amd't. basing segregated schools on state police power does not change its violation of 14th Amendment; pupil assignment law invalid for lack of standards. June 1957: U.S.S.C. denied certiorari. Feb. 1958: CA 5 again upheld DC injunction order. May 1958: U.S.S.C. denied Def.-Bd's. second petition for certiorari. Aug. 1958: DC held 1956 La. statute authorizing all-white and all-Negro schools invalid. Oct. 1958: DC entered final decree ordering desegregation. Jy. 1959: DC ordered Def.-Bd. to prepare plan by Mar. 1960 for complete desegregation, suggesting 12-yr. "stairstep" plan. May 1960: Def.-Bd. having failed to propose plan, DC ordered stairstep plan beginning with first grade in Fall 1960. CA 5 denied stay; U.S.S.C. denied stay. Jy. 1960: state ct. issued injunction against La. Gov. and Atty. Genl. carrying out desegregation plan 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. Sept. 1, 1960: U.S.S.C., in special term, denied Def's. application for stay, denied motion to vacate DC integration order. Nov. 10, 1960: Comm. of La. legislators took over public schools from Def.-Bd. under new La. statutes; DC issued temporary order restraining state interference with integration. Nov. 14, 1960: 4 Negro first graders entered 2 previously all-white public schools.
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A. P. Tureaud and A. M. Tureaud, Jr., Esqs., 821 Orleans Ave., New Orleans; U. Simpson Tate, Esq., 4211 S. Oakland Ave., Dallas, Texas; Thurgood Marshall, Esq., N.A.A.C.P., 10 Columbus Circle, NYC.

And see 523.La1.

522.La2. Hall v. St. Helena Parish School Bd. (CA 5, #18523.) Facts and issues similar to 522.La1. Oct. 1956: Def's. motion to dismiss heard and submitted. Apr. 28, 1960: DC granted Pl's. motion for summary judgment against continued segregation by Def.-Bd. Def.-Bd. and Def.-intervenor white parents' appeal to CA 5 pending.

A. P. Tureaud and A. M. Tureaud, Jr., Esqs., 821 Orleans Ave., New Orleans, La.; Thurgood Marshall, Esq., N.A.A.C.P., 10 Columbus Circle, NYC; U. Simpson Tate, Esq., 4211 S. Oakland Ave., Dallas, Tex.

522.La3. Angel v. La. State Bd. of Educ., et al. (La. Trade Schools.) (CA 5.) 1956: suit filed by Negro-Pls. for admission, on integrated basis, to five state-operated trade schools. Apr. 28, 1960: DC granted Pl's. motion for summary judgment against continued segregation. Def's. appeal pending.

A. P. Tureaud and A. M. Tureaud, Jr., Esqs., 1821 Orleans Ave., New Orleans; U. Simpson Tate, Esq., 4211 S. Oakland Ave., Dallas, Texas; Thurgood Marshall and Robert L. Carter, Esqs., N.A.A.C.P., 10 Columbus Circle, NYC.

522.La4. Davis, Jr. v. E. Baton Rouge Parish School Bd. (ED La., Baton Rouge Div., Civ. #1662.) 1956: suit filed by Pl.-Negro children for injunction requiring Def.-Bd. to admit Pls. to school on integrated basis. Apr. 28, 1960: DC granted Pl's. motion for summary judgment.

Alex L. Pitcher, Jr., Esq., 1501 E. Boulevard, Baton Rouge; A. P. Tureaud and A. M. Tureaud, Jr., Esqs., 1821 Orleans Ave., New Orleans; U. Simpson Tate, Esq., 4211 S. Oakland Ave., Dallas, Texas; Thurgood Marshall and Robert L. Carter, Esqs., N.A.A.C.P., 10 Columbus Circle, NYC.

522.La6. Williams v. Prather. (Northwestern State College.) (WD La., #5000 Civ.) Suit for admission of Negro student to State College. Pl. asked for convening of 3-judge court. Apr. 1955: Chief Justice of CA 5 refused to convene such court on ground it was not necessary in view of decision in Brown. Aug. 1956: Defs'. filed motion to dismiss for lack of proper party Pl. Pending.

A. P. Tureaud, Esq., 1821 Orleans Ave., New Orleans, La.; U. Simpson Tate, Esq., 4211 S. Oakland Ave., Dallas, Texas; Robert L. Carter and Thurgood Marshall, Esqs., N.A.A.C.P., 10 Columbus Circle, NYC.

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.
522.Md5. Pettit v. Harford Co. Bd. of Educ. (DC Md.) 1959-60: under Moore decision, (522.Md2, III DOCKET 61,) stairstep integration plan covered 1st-8th grades; pupils in higher grades seeeking transfer to white schools must pass special tests. Pl.-9th grader refused transfer after taking tests, sued to challenge pupil placement procedure. May 1960: DC ordered Pl. admitted to white school.
522.Md6. State Bd. of Public Welfare v. Myers. (Md. Training Schools.) (Md. Sup. Ct., #162.) 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 argued Dec. 15, 1960.

Tucker R. Dearing and Juanita Jackson Mitchell, Esqs., both of Baltimore; Thurgood Marshall and Jack Greenberg, Esqs., N.A.A.C.P. Legal Defense Fund, 10 Columbus Circle, NYC.

522.Mo1. Russell v. Adams, Heffley. (Maplewood-Richmond Hts.) (St. Louis Co. Cir. Ct.) Oct. 1959: Pl.-Negro parent petitioned for writ of mandamus requiring Defs. to permit his children to enroll in all-white public school near his home. Dec. 1959: Ct. denied Def's. motion to quash. June 1960: heard and submitted.
522.NY4. People of New York v. Dennis. (New Rochelle.) (New Rochelle City Ct.) Sept. 26, 1960: trespass charges filed against Negro parents who sought to register children in all-white school not in their neighborhood. Nov. 4, 1960: complaint dismissed, ct. holding parents had right to protest in dramatic and effective fashion; no public interest was injured by such protest.

Paul Zuber, Esq., 2816 Eighth Ave., NYC.

522.NY4a. Taylor, et al. v. Bd. of Educ. (New Rochelle.) (SD NY.) Oct. 1960: action filed by Negro parents to prohibit Bd. of Educ. from enforcing neighborhood school policy when such enforcement would result in racially segregated school. Nov.-Dec. 1960: trial in DC.

Paul Zuber, Esq., 2816 Eighth Ave., NYC.

Amicus curiae brief filed by Leo J. Linder and Charles T. McKinney, Esqs., for N.Y.C. Chapter, National Lawyers Guild, 154 Nassau, NYC.

522.NC6. Jeffers v. Whitley, N.C. Supt. of Public Instruction. (Caswell Co.) (MD N.C., Greensboro Div., #1079.) Dec. 1956: class action filed challenging constitutionality of all state statutes and constitutional amendments to preserve segregated schools. Sept. 1958: DC held state officials do not exercise control over assignments under 1955 N.C. Enrollment of Pupils Act, ordered members of State Bd. of Educ. dismissed as parties; granted Pls. leave to amend alleging exhaustion of state administrative remedies. Dec. 20, 1960: oral argument.

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

522.NC10. McCoy v. Greensboro Bd. of Educ., N.C. Advisory Comm. on Educ., N.C. State Bd. of Educ. (CA 4, #8127.) (179 F. Supp. 745.) 1957: 4 Negro pupils enrolled in all-white school. Pl.-Negroes sued to compel Bd. to transfer them to same school. 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. Nov. 14, 1960: CA 4 reversed.
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J. Kenneth Lee, Esq., P.O. Box 645, Greensboro, N.C.; Conrad O. Pearson, Esq., 203½ E. Chapel Hill St., Durham, N.C.; Thurgood Marshall, Esq., N.A.A.C.P., 10 Columbus Circle, NYC.
522.NC11. Morrow v. Mecklenburg Bd. of Educ. (Mecklenburg Co.) (MD N.C., #1415.) Pls.-Negro children sued for compelling Def.-Bd. to transfer them to previously all-white school. Case continued to Jan. 1961.
522.NC12. Griffith v. Robinson. (Yancey Co.) (WD N.C., #1881.) 1958: Public school formerly used for Negro students condemned; students transported 80 mi. per day to Asheville city schools. Fall 1959: 27 Negro pupils asked for immediate admission to all-white Co. school; Def.-Bd. refused. Suit filed asking injunctive relief. Sept. 12, 1960: DC held for Pls., directed Defs. to admit Negro pupils to previously all-white high schools in Co. within 30 days; Bd. complied. Decision as to Negro elementary pupils awaited.

Ruben J. Dailey, Esq., Eagle St., Asheville, N.C.; Conrad O. Pearson, Esq., Chapel Hill St., Durham, N.C.; Thurgood Marshall and Jack Greenberg, Esqs., N.A.A.C.P. Legal Def. and Educ. Fund, 10 Columbus Circle, NYC.

522.NC13. Becton v. Greene Co. Bd. of Educ. (ED N.C., #458.) Apr. 1960: suit filed by 5 Negro students for injunction against Def.-Bd. operating segregated schools and denying Pls. admission to all-white schools after they exhausted all administrative remedies. Pending.

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

522.NC14. Wheeler v. Durham City Bd. of Educ. (MD N.C., #C-54-D-60.) 1959: 225 Negro students applied for transfers to white schools. Def.-Bd. accepted 8 requests for transfers. Apr. 1960: suit by parents of 161 Negro students not permitted to transfer, alleging: Pls. have exhausted administrative remedies under N.C. pupil placement laws, Def.-Bd. acted arbitrarily in holding meeting after term began to consider some assignment requests and denying without further consideration all requests by students whose parents not represented in person at Bd. meeting. Trial date: Dec. 20, 1960.

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 and Educ. Fund, Inc., 10 Columbus Circle, NYC.

522.NC15. Vickers v. Chapel Hill Bd. of Educ. (MD N.C., 11-D-60.) Pl.-Negro student sued to restrain Def.-Bd. from making assignments solely on basis of race, to require reassignment of Pl. to white school near his home. DC denied Def's. 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. 1960: trial in DC; Dec. 20, 1960: oral argument.

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.NC16. North Carolina v. Chance. (Hartnett Co. Super. Ct.) Aug. 30, 1960: Am. Indian parents sought to enroll children in previously all-white Dunn High School, instead of in Indian School 35 miles away; denied admission; pupils sat-in classes anyway for one week. Super. Ct. issued injunction against Indian parents; Sept. 30, 1960: held 2 parents in contempt, $150. and $100. fines.
522.NC16. North Carolina v. Chance. (Hartnett Co. Super. Ct.) City Ct.) Am. Indian Defs. in 522.NC16a tried for trespassing on school property; decision awaited.
522.NC16b. Chance v. Hartnett Co. Bd. of Educ. (ED N.C.) Oct. 15, 1960: class suit by 3 Am. Indian Pls. filed for admission to Co. public schools. Oct. 17, 1960: DC issued temporary order directing Def. to admit Pls. pending final decision. Oct. 23, 1960: DC dissolved order. Nov. 26, 1960: hearing on injunction.

Nelson Taylor, Esq., Raleigh, N.C.

522.SC1. Briggs v. Elliott. (Clarendon Co.) (ED S.C., #2657.) (98 F. Supp. 529, 342 U.S. 350; 103 F. Supp. 920; 347 U.S. 483; 349 U.S. 294.) Companion case to Brown. On remand, 3-judge court entered decree July 1955: 1) holding state statutes and constitutional provisions requiring segregated schools unconstitutional; 2) enjoining Defs. from refusing on account of race or color to admit any qualified child to any school in jurisdiction after Defs. have made "necessary arrangements" for non-discriminatory admission, with no date for compliance set. Aug. 30, 1959: 15 Negro students applied for reassignment to white schools to School Bd., which held applications too late for action 1959-60 school yr.

Oliver W. Hill, Esq., 118 E. Leigh St., Richmond, Va.; Harold R. Boulware, Esq.; Thurgood Marshall, Esq., N.A.A.C.P., 10 Columbus Circle, NYC.

522.SC2. Brunson v. Bd. of Tr., Clarendon Co. School Dist. No. 1. (Clarendon Co.) (ED S.C., #7210.) Apr. 1960: suit filed seeking desegregation of Summerton schools in Co. Def's. motions to dismiss or find suit not a class action pending.

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

522.Tenn6. Goss v. Bd. of Education. (Knoxville.) (CA 6.) Dec. 1959: class suit filed asking desegragation of all public schools in city, DC declined to issue temporary restraining order ex parte. Feb. 8, 1960: DC ordered Def.-Bd. to submit system-wide integration plan Apr. 8, 1960; Bd. complied. Aug. 1960: DC approved Def.-Bd's. "stair step plan of desegregation" starting with first grade in Fall 1960, "with free transfers" for all save technical and vocational courses offered at one white high school, which Bd. was ordered to restudy. Pl's. appeal pending.

Carl A. Cowan, Esq., 101½ W. Vine Ave., Knoxville; Z. Alexander Looby, Avon N. Williams, Esq., 327 Charlotte Ave., Nashville; Thurgood Marshall and Jack Greenberg, Esqs., N.A.A.C.P. Legal Def. and Educ. Fund, 10 Columbus Circle, NYC.

522.Tenn7. Northcross v. City of Memphis Bd. of Educ. (WD Tenn.) March 30, 1960: suit filed by parents of 18 Negro
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pupils for total, immediate desegregation of all city schools. Def. alleges Pls. have not availed themselves of appeal procedure under Tenn. pupil placement law, not yet tested in cts. Def's. motion to dismiss pending.
522.Tenn8. Mapp v. City of Chattanooga Bd. of Educ. (ED Tenn., #3564.) Apr. 1960: suit filed by parents of 4 Negro pupils asking desegregation of students, teachers and principals in city schools. May 5, 1960: DC sustained Def.-Bd's. motion to strike all issues re personnel assignment. Nov. 3, 1960: DC sustained Pls'. motion for summary judgment, ordered Def. to submit desegregation plan by Dec. 20, 1960.

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.Tenn9. Maxwell v. Davidson Co. Bd. of Educ. (near Nashville.) (MD Tenn.) Sept. 18, 1960: 12 Negro-Pls. filed desegregation suit. Oct. 27, 1960: after 4-day hearing on grade-a-year stair step plan proposed by Def., DC ordered desegregation of grades 1-4 in Feb. 1961, of fifth grade in Sept. 1961, to catch up with similar plan in Nashville. Defs. will comply. DC ordered desegregataion of special summer courses for 11th and 12th graders in upper 25% of class.

Avon Williams and Z. Alexander Looby, Esqs., 327 Charlotte Ave., Nashville.

522.Tex5. Boson v. Rippy (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.) Negro-Pls. filed desegregation suit. Oct. 1955: DC dismissed; May 1956; CA 5 reversed and remanded. Dec. 1956: DC again dismissed; Jy. 1957: CA 5 reversed and remanded. Sept. 1957: DC ordered Def.-School Bd. to desegregate Feb. 1958; Dec. 1957: CA 5 reversed, held Bd. must have sufficient time to plan. Jy. 1959: DC rejected Pls'. petition for immediate integration. Mar. 1960: CA 5 ordered (2-1) Def.-Bd. to submit public school desegregation plan by May 1, 1960. Def.-Bd. proposed stairstep integration plan starting in first grade in Sept. 1961. June 4, 1960: DC suggested Bd. prepare new plan, not as broad as proposal. 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 argued Nov. 15.

U. Simpson Tate, Esq., 2600 Flora St., Dallas.

522.Tex9. Pls. v. Bd. of Educ. (Abilene.) (Texas Sup. Ct.) Pls.-Negro children sue for admission to public school near Dyess Air Force Base attended exclusively by children of military personnel. Issue: constitutionality of state law cutting off funds to any county which permits integration without referendum. Pending.
522.Tex10. Flax v. Potts. (Fort Worth.) (ND Tex., Fort Worth Div., #4205.) Oct. 1959: suit on behalf of Negro school children for admission to schools on desegregated basis filed. Pending decision by CA 5 in Boson, 522.Tex5.

L. Clifford Davis, Esq., 403 E. 9th St., Fort Worth; W. J. Durham, Esq., 2600 Flora St., Dallas; Thurgood Marshall, N.A.A.C.P. Legal Def. and Educ. Fund, 10 Columbus Circle, NYC.

522.Tex13. Robinson v. Evans. (Galveston.) (SD Tex., #2643.) Parents of Negro school children sue for admission to public schools on desegregated basis. DC, on own motion, postponed trial date from June 20, 1960 till Jan. 1961 term.
522.Tex14. Eastland v. Wheat. (Northeast Houston.) (SD Tex.) Sept. 27, 1960: Negro Pls. filed desegregation suit. Pending.
522.Val. Davis v. County School Bd. (Prince Edward Co.) (ED Va,. #1333.) (103 F. Supp. 337; 347 U.S. 483; 349 U.S. 294, companion case to Brown; 142 F. Supp. 616; 149 F. Supp. 431, 249 F. 2d 462, cert. den. 355 U.S. 953, 164 F. Supp. 786, 266 F. 2d 507, 511.) On remand, 3-judge court entered decree July 1955: 1) setting aside 1952 decree in part; 2) ruling Va. Const. of 1902, sec. 140 and Va. Code of 1950, sec. 22-221 (requiring segregated schools) not be enforced by Defs. because in violation of Equal Protection Clause of 14th Amdt.; 3) enjoining Defs. from refusing on account of race or color to admit any qualified child to any school in their jurisdiction after Defs. have made "necessary arrangements" for such non-discriminatory admission "with all deliberate speed" but Ct's. refusal to require such rearrangement by Sept. 1955 "is not inconsistent with the public interest or with the decision of the Supreme Court". April 1956: Pls. moved for ct. order requiring Def.-Bd. to make start. Jan. 1957: DC refused to set deadline for integration. CA 4 reversed; Mar. 1958: U.S.S.C. denied Def's petition for certiorari. Aug. 1958: DC granted tentative 7-year delay. May 1959: CA 4 unanimously reversed; schools. Apr. 1960: DC vocated inconsistent terms of previ-U.S.S.C. denied certiorari. Sept. 1960: Def. Bd. closed doors. Apr. 1960: DC vacated inconsistent terms of previous judgment, 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". Sept. 1960: Pls. amended complaint asking injunction against Def.-Bd. keeping schools closed. Pending.

Oliver W. Hill, Esq., 118 E. Leigh, Richmond, Va.; Thurgood Marshall, Esq., N.A.A.C.P., 10 Columbus Circle, NYC.

522.Va3a. Adkinson v. School Bd. (Newport News.) (ED Va., Newport News Div., #642.) Parents of ten Negro school children sued for admission to all-white elementary school. May 1959: DC ordered Def.-Bd. to prepare desegregation plan. Nov. 30, 1959: Def.-Bd. submitted one paragraph plan leaving assignment of students to State Placement Bd. Dec. 1959: DC ordered Def.-Bd. to file meaningful plan by March 15 or be in contempt, suggested submission of alternative plans: ignoring State Placement Bd., or assuming Bd. would act in accord with U.S. Constitution. Apr. 1960: Def.-Bd. submitted desegregation plan requiring applicants for transfer to be tested, assignments on basis
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of mental and moral health, intelligence, suitability of existing curricula, pupil's adaptability to emotional and social adjustment to be made. Pending.
522.Va4. Hill v. School Bd. (Norfolk.) (CA 4, #8053.) (246 F. 2d 325, c.d. 355 U.S. 855, 260 F. 2d 18; 181 F. Supp. 870, 281 F. 2d 131.) 1956: suit filed by Pl.-Negro children for admission on integrated basis to schools operated by Def.-Bd. Feb. 1957: DC ordered Defs. to start desegregation of 1st, 7th and 10th grades by Aug. 1957. Jy. 1957: CA 4 affirmed, ruled Va. Pupil Placement Law unconstitutional. Oct. 1957: U.S.S.C. denied certiorari. Aug. 1958: Def.-Bd. rejected applications of 151 Negro applicants for admission to white schools, then assigned 17. Sept. 3: DC denied Def's. petition for 1-yr. postponement of integration. Sept. 18: DC invalidated state ct. injunction to prevent Def. from assigning Negro pupils to all-white schools. Sept. 27: CA 4 denied stay; affirmed and remanded. Gov. Almond immediately issued order closing and assuming control of all six white jr. and sr. high schools. Jan. 1959: DC prohibited Norfolk City Council from cutting off funds for all grades above 6th in Negro and white schools. Feb. 1959: 17 Negro students admitted to reopened school, previously all-white. Oct. 1959: after hearing, DC ordered Va. Pupil Placement Bd. to assign 4 Negro students to Norfolk public school or face contempt proceedings, affirmed Bd's. rejection of 130 Negro applicants. Nov. 1959: Def. complied. Dec. 9: DC ordered Def. relieved of responsibility to deal with State Pupil Placement Bd. because it applied Pupil Placement Law in unconstitutional manner. June 1960: CA 4 affirmed. Aug. 1960: DC held Def. unconstitutionally administered assignment procedures by testing Negro, but not white, applicants to 2 high schools, ordered 5 Negro applicants admitted who had been rejected on basis of test. Sept. 9, 1960: CA 4 held arrangement under which assignments to first grade in primary schools are still on racial basis, and pupil so assigned is required to remain unless reassigned on basis of criteria not applied to pupils who do not seek transfers, "does not meet requirements of the law".

Victor J. Ashe, Esq., 1134 Church. J. Hugo Madison, Esq., 1017 Church, and Oliver W. Hill, Esqs., 623 N. 3d St., all of Richmond, Va.

522.Va5. Allen, et al. v. School Bd. (Charlottesville.) (CA 4, #7794.) After Pl.-Negro pupils filed integration suit, Aug. 1956: DC ordered Def. to desegregate public schools by Fall 1956, granted stay pending appeal. Dec. 1956: CA 4 affirmed. March 1957: U.S.S.C. denied Def's. petition for certiorari. Jy. 1957: DC ordered that its 1956 integration injunction be made effective at commencement of semester next following determination by U.S.S.C. on constitutionality of Va. Pupil Placement Act. May 1958: DC set Sept. 1958 as effective date: 2 Negro students applied for admission to all-white elementary school. Sept. 1958: DC ordered Def. to admit them to white high school and 10 to white grade school. Sept. 17: Cir. Judge (CA 4) denied Def's. petition for stay. Sept. 19: Gov. Almond assumed control over white high school and grade school, ordered them closed. Jan. 1959: CA 4 stayed DC order, Def. to submit plan within 20 days; dismissed appeal; remanded. Feb. 1959: CA judge permitted schools to reopen on segregated basis, Bd. to submit desegregation plan for Fall 1959. May: Pls. and DC approved Def. Bd's. pupil assignment plan, with 12 Negro children to be assigned to schools previously all-white. June 1959: 11 assigned, 1 rejected. Aug. 15, 1960: DC declined to order 10 rejected Negro applicants admitted to all-white schools. Appeal pending.

Oliver W. Hill, Esq., 623 N. 3d St., Richmond.

522.Va6. Thompson v. School Bd. (Arlington.) (ED Va., #1341.) (144 F. Supp. 239, 240 F. 2d 59, cert. den. 353 U.S. 911; 252 F. 2d 929, cert. den. 356 U.S. 958.) Aug. 1956: DC ordered Def. to desegregate public elementary schools Jan. 31, 1957, jr. and sr. high schools Sept. 1957; granted stay pending appeal. CA 4 affirmed. March 1957: U.S.S.C. denied Def's. petition for certiorari. Sept. 1957: DC ordered Def. to comply with 1956 desegregation order despite Va. Pupil Placement Act; granted stay pending appeal. CA 4 affirmed. May 1958: U.S.S.C. denied Def's. petition for certiorari. Sept. 1958: Def. listed reasons for rejection of 30 Negro pupils for admission to previously all-white schools: 1) applicants lived outside districts of schools they applied for; 2) white high school over-crowded; 3) applicants lacked academic achievements required; 4) applicants' individual psychological problems; 5) some applicants not adaptable to situations in white schools. DC ordered 4 Negro pupils admitted to Jr. High in Jan. 1959; refused applications of 26 Negro pupils on grounds 1), 2) and 3) above. Jan. 1959: CA 4 affirmed, did not pass on propriety of five tests laid down by Def. Feb. 1959: 4 Negro Pls. admitted. June 1959: DC ordered Def. to review applications of 26 Negro students denied admission to all-white classes, held Def. Bd., not State Pupil Placement Bd., responsible for making pupil assignments; rejected Pl's. motion that Def. submit desegregation plan for Co. DC ordered 12 of 22 applicants admitted; 10 rejected on geographical grounds. Sept. 1959: DC ordered 7 more Negro pupils admitted. 1960: CA 4 remanded to DC. DC ordered 11 additional Negro pupils admitted to previously white schools, rejected 9 on geographical, neighborhood and traffic basis.

Edwin C. Brown, Esq., 1200 Cameron St., Alexandria.

522.Va14. Warden v. School Bd. (Richmond.) (ED Va., #2819.) Sept. 2, 1958: 6 Negro pupils, denied admittance to white schools, filed desegregation suit. Sept. 14: Def.-Bd. asked Va. Pupil Placement Bd. to authorize transfer of white grade school to Negroes because of low white population in area. Va. Pupil Placement Bd. approved, transferred remaining white pupils in school to other white schools. Apr. 1960: CA 4 affirmed DC order admitting 9 Negro children to all-white schools, denying admittance to 5 Negro children, held lack of academic ability and residences closer to Negro school than to white school valid criteria.
522.Va15a. Jones v. School Bd. (Alexandria.) (ED Va., #1770.) (179 F. Supp. 280, 278 F. 2d 72.) Parents of 17 Negro children sued for admission to all-white schools. Feb. 1960: DC ordered 8 Pls. admitted to all-white schools; denied transfers to 5 Negro Pls. on proof by Def. that 3 lived nearer Negro school than white school to which they
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sought transfers, 2 academically below average of schools to which they sought admission. Apr. 1960: CA 4 affirmed. DC, on own motion, ordered Def. to reconsider applications of 16 Negro pupils in light of CA decision. Va. Pupil Placement Bd. assigned 13 on non-segregated basis for 1960-61 school year. DC rejected 2 applications on geographical grounds.

Otto L. Tucker, Esq., 901 Princess St., Alexandria, Va.

And see Tucker, 373.8.

522.Va19a. Goins v. Grayson Co. School Bd. (Galax.) (WD Va., Abington Div., #776.) 300 white pupils from Grayson Co. attended Galax City high school under contract between 2 school bds. Sept. 9, 1960: DC ordered 8 Negro Pls. in desegregation suit admitted to Galax High. City Bd. promptly broke contract with Co. Bd., announced no Co. students admissable thereafter. In consultation with Judge Sobeloff, CA 4, 2 Bds. agreed to admit 300 white and 8 Negro Co. students to City school, new contract to be negotiated for 1961.
522.Va20. Blackwell v. School Bd. (Fairfax Co.) (ED Va., #1967.) Class action for injunctive relief requiring Def. to admit 31 Negro pupils to previously all-white schools. Def. submitted "stair step plan" with Va. Pupil Assignment Law provision, approved applications of 5 Pls., rejected 25. Sept. 22, 1960: DC., after analyzing racial population in Co. (51,803 white — 2,020 Negro), rejected 12 yr. stairstep integration plan, ordered 15 Pls. admitted immediately to all grades, accepted Bd. rejection of 10 applicants on scholarship and geographical grounds.
523. Suits to prevent integration

523.Fla2. Bd. of Public Instruction of Volusia Co. v. Tillman. (Volusia Co. Cir. Ct., #30365 Chanc.) Suit by Pl.-School Bd. against 32 Negro and 2 white persons who signed petition asking Pl.-Bd. for Co.-wide desegregation of pupils and teachers. Pl.-Bd. alleges Defs. live in school district where no Negroes have applied to enter white schools, and no teachers in district have made any complaints. Pls. seek declaratory decree. Pending.

Francisco A. Rodriguez, Esq., 703 Harrison St., Tampa.

And see Tillman, 522.Fla6.

523.[?]. Re Atty. Genl. Gremillion. (WD La.) Aug. 26, 1960: during hearing of New Orleans school desegregation case (522.La1) before 3-judge fedl. ct., Resp. walked out, called ct. "kangaroo court", "den of iniquity". Oct. 1960: DC denied Resp's. request for jury trial, found Resp. guilty; 60 days, suspended, 18 mths. probation.
523.[?]. Re Five Youths. (Phila. Justice of Peace.) Oct. 29, 1960: 5 white youths burned crosses near homes of Negroes. Nov. 10, 1960: Just. of Peace dismissed disorderly conduct charges on condition Defs. visit their pastors weekly for 6 mths. Nov. 11, 1960: pastors released Defs'. statement: "It was thoughless, immature and impulsive, and was not preconceived as a way to exclude anyone from our community. We pledge our best efforts to the community to help make sure that this sort of thing will never happen again".
524. Miscellaneous

524.4. Allred, et ano. v. Heaton, et al. (Texas A & M College.) (U.S.S.C., #518.) (336 S.W. 2d 251.) Class suit by 2 women students seeking admission to all-male Texas A & M College. Pls. allege no other Texas state college offers courses in which they seek to enroll. Tex. Ct. of Civ. App. affirmed dismissal of complaint. Petition for certiorari pending.
530. Housing
531. Publicly-assisted — Urban Renewal (Title I)
532. Publicly-assisted — FHA and VA

532.18. O'Meara v. Jones. (Seattle.) (Wash. Sup. Ct.) Negro-Complainant sought to buy FHA-mortgaged home of Resp. in area where Comp's. church had just finished building. Resp. refused to sell because of Comp's. race. Apr. 1959: after first public hearing under housing sec. of Wash. Law Against Discrimination, State Bd. issued cease and desist order requiring Resp. to sell home to Comp. within 3 days. Jy. 1959: Super. Ct. reversed, found Law re housing unconstitutional, held FHA loan to Def. had not eliminated seller's right to choose buyer. Appeal pending.

Wing Luke and Elihu Hurwitz, Asst. Attys. Genl., State of Washington; Robert Winsor, Esq., Seattle.

532.23. Pearson, et al. v. Frumenti, et al. (Calif.) (Contra Costa Co. Super Ct., #R 7073.) Class suit by Pl.-Negro buyers under Calif. Health and Safety Code 35700-35740 for injunction, damages and punitive damages, alleging Def.-developer refused to sell housing to Pls. because of their race. Def's. development built on FHA-insured loan. Nov. 20, 1959: pursuant to stipulation, Super. Ct. ordered Defs. enjoined, pendente lite, from selling or offering for sale one lot designated by Pls., pending trial.

Robert Treuhaft, Esq., 1440 Broadway, Oakland, Calif.

532.24. Hudson, et ano. v. Branden Enterprises, Tropicana Village, et al. (Calif.) (Santa Clara Co. Super. Ct.) Mar. 22, 1960: Pl.-Negro couple sought injunction against Def.-developers selling any houses in 10,000-house tract until Pl's. allowed to buy one, and $15,000. damages each. Pending.
532.25. Holmes v. Macco Construction Co. (San Diego.) (San Diego Super. Ct., #247453.) Sept. 21, 1960: Negro Pl. filed suit for injunctive relief against Def., alleging refusal to sell to Pl. solely on basis of race, and for damages, under Calif. Civil Code secs. 51, 52, Health and Safety Code secs. 35700-35740. Dec. 1, 1960: hearing on injunction.

Gostin and Katz, Esqs., 326 Broadway, San Diego, Calif.

533. Private

533.6. City of Creve Coeur v. Dielman, et al. (St. Louis Co. Cir. Ct., Div. 5, #215350.) Pl.-city filed condemnation proceeding for certain lands for park and playground purposes. Venable intervened, alleging constitutional question: conspiracy
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to deprive Intervenor of land on which he had started to build $55,000. home, solely because of his race. Pending.

And see Progress, 533.20, Wiley, 533.25.

533.18. Burks, et al. v. Poppy Construction Co., et al. (Calif.) (San Francisco Super. Ct., #496068.) Dec. 31, 1959: suit filed by Negro-Pls. under Calif. Civil Code Sec. 51 forbidding discrimination in any business establishment, charging Def. developers with refusal to sell home to Pls. on basis of race. Jan. 26, 1960: pursuant to stipulation, temporary injunction issued by Super. Ct. against Def's. selling or offering for sale parcel designated by Pls. pending trial.

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

533.19. Gerrish v. Shattuck et al. (Calif.) (San Diego Super. Ct.) Damage action by Pls. (wife Japanese-American) against Defs.-builder, lender, broker charging refusal to sell Pls. home in development, solely on basis of race. FHA guaranteed development would be eligible for financing. Pending.

Gostin and Katz, Esqs., 326 Broadway, San Diego.

533.20. Progress Development Co. v. Village of Deerfield. (Ill.) (CA 7.) (182 F. Supp. 681.) Pl.-Corp. building planned integrated development filed action for injunctive relief against 21 village officials and 2 citizens' organizations, alleging violation of Fourteenth Amendment and Fedl. Civil Rights Act through Defs'. interference with construction of homes and condemnation of land for park purposes. Dec. 1959: DC issued order. Mar. 1960: DC lifted order, held Pl. failed to prove conspiracy among Village officials to oust Pl's. development, or any violation of civil rights, held Pl's. controlled-occupancy plan discriminatory and illegal because providing for permanent ratio of 80-white to 20-Negro buyers by means of covenants — therefore Pl. does not have "clean hands" necessary for injunctive relief. Appeal pending.

Case note:

35 N. Dame Law. 563-566.

533.22. Divine v. Koch. (Calif.) (Sacramento Super. Ct.) Pl.-Negro seeking injunction and damages from Def.-apartment house owner on charges of racial discrimination. Issues: application of Calif. Public Accommodations Law, Civil Code, sec. 51, to real estate brokers and salesmen under Calif. Atty. Genl's. opinion #59/294. Pending.

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

533.25. Wiley, et ano. v. Richland Water Dist., et al. (Ore.) (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. CA 9 remanded for further proceedings in DC.

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. (Colo.) (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. (Baltimore.) (U.S.S.C., #852-O.T. 1959.) (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. 1959: Md. Ct. of App. affirmed suspensions. U.S.S.C.: dismissed appeal for want of substantial fedl. question.
533.29. Campbell v. Wong. (San Francisco.) (San Francisco Super. Ct.) Aug. 1960: answering newspaper ad for apt., Negro Pls. were told by Def.-owner apt. already rented, but ad continued in newspaper, white applicants told apt. still vacant. Aug. 31, 1960: Pls. filed $5,000. damage action. Nov. 24, 1960: Def. mailed Pls. $500 in settlement.
533.30. Swann v. Burkett. (Berkeley.) (Berkeley-Albany Muni. Ct., Calif.) Nov. 1960: Pl.-Negro law student filed suit for damages against Def.-apt. house owner, alleging refusal to rent solely on basis of race. Issue: application of Unruh Act, Calif. Civil Code sec. 51, to landlords. Pending.

Prof. Geoffrey C. Hazard, Jr., Univ. of Calif., Boalt Hall, Berkeley.

540. Transportation
541. Interstate

541.2. Baldwin v. Morgan. (Birmingham.) (CA 5, #18280.) (251 F. 2d 780.) Pl.-Negro couple arrested while sitting in waiting-room of railroad station marked "inter-state and white passengers"; released without charge. DC dismissed Pls'. action for declaratory judgment under Civil Rights Act. CA 5 held complaint sufficient since Defs. acting under color of state law; remanded. DC held against Pls. Oct. 4, 1960: appeal heard and submitted.

Demetrius C. Newton and Oscar W. Adams, Jr., Esqs., Birmingham, Ala.

541.4. Henry v. Greenville Airport Comm'n. (Greenville, S.C.) (DC S.C.) (175 F. Supp. 343, 279 F. 2d 751.) Negro-Pl., civil service employee of U.S. Air Force, required to use "colored" waiting-room at Def.-Airport; sued. DC dismissed. Apr. 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.

Lincoln C. Jenkins, Jr., Esq., 1107½ Washington St., Columbia, S.C.; Thurgood Marshall and Jack Greenberg, Esqs., 10 Columbus Circle, NYC.

541.6. Boman v. Morgan. Misclassified; hereafter reported at 542.15.
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541.8. Boynton v. Virginia. (Richmond.) (U.S.S.C., #7.) Def.-Negro student denied service at restaurant in interstate bus terminal; ordered to leave, Def. refused; arrested; convicted; fined $10. for remaining on premises of another against owner's wishes. Issues on appeal: whether discrimination by privately-owned restaurant, when supported by police action, became state action violative of Fourteenth Amdt.; whether ownership of restaurant in interstate terminal is significant. Oct. 12, 1960: argued before U.S.S.C.

Martin A. Martin and Clarence W. Newsome, Esqs., Richmond; Thurgood Marshall, Esq., N.A.A.C.P. Legal Defense Fund, 10 Columbus Circle, NYC.

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.
541.13. Adams v. City of New Orleans. (ED La., #6436.) Class action to enjoin operation of dining facilities in municipallyowned 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 Juvenile Ct.) Aug. 1960: returning from youth project at Highlander Folk School (see 244.6), Def-Negro youths 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; convicted; placed on indefinite probation.
541.14a. P. Shuttlesworth v. Southeastern Greyhound Lines. (ND Ga.) $9,000,000. damage action filed by Def. in 541.14 based on bus company's action in causing Pl's. arrest for refusal to sit in back of inter-state bus. Pending.
541.15. Complaint re Cannelly Field. (Montgomery.) (Civil Aeronautics Bd.) Negro ministers complained about segregated facilities maintained by City of Montgomery at airport. Sept. 16, 1960: C.A.B. rejected complaint, held Comps. had "much more direct, and apparently efficacious, remedy thru resort to judicial action".
541.16. Rev. Shuttlesworth v. City of Birmingham. (ND Ala.) Sept. 19, 1960: 5 Negro Pls. sued for injunction against segregation at City airport restaurant and in airport limousine. Pending.
541.17. Georgia v. Defendants. (Atlanta.) (Atlanta City Ct., Fulton Co. Crim. Ct.) Oct. 20, 1960: 22 Negroes arrested while seeking service at Terminal Railroad Station restaurant. Oct. 21, 1960: 19 Defs. convicted of loafing, disturbing the peace; 20 days in city prison farm, with 10 days suspended. 3 Defs. charged with violating 1960 anti-trespass law for refusing to leave lunch counter; refused to post $500. bond pending trial in Co. Ct. Oct. 24, 1960: after conference, Mayor ordered immediate release of 19 City Defs.; 3 Defs. under Co. charges permitted to sign own bonds; all released.

And see 552.Ga10.

542. Intrastate

542.4. Evers v. Dwyer, Comm'r. of Public Service of City of Memphis. (WD Tenn., Civ. #2903.) (358 U.S. 202.) Negro-Pls. brought suit to test constitutionality of state statutes requiring segregation on intra-state buses. DC dismissed for lack of actual controversy because Pl. did not customarily ride buses, but did so only to bring this suit. Dec. 1958: U.S.S.C. reversed, per curiam, held actual controversy existed when Pl.-Negro boarded bus, sat down in front, was ordered to move to rear by driver and policeman, instead left bus to avoid arrest; this is a class action. Remanded.

H.T. Lockard, Esq., 322½ Beale St., Memphis, Tennessee; Thurgood Marshall and Robert Carter, Esqs., N.A.A.C.P., 10 Columbus Circle, NYC.

542.10. Simpkins v. Mayor Gardner. (Shreveport.) (WD La., Shreveport Div., #6651.) Dec. 16, 1957: Pl.-Negroes brought class action seking injunctive relief from enforcement of La. laws requiring segregated seating on streetcars and buses in Shreveport. July 1, 1958: heard and submitted.

A. P. Tureaud, Esq., 1821 Orleans Ave., New Orleans; Jesse N. Stone, Jr., Esq., 854½ Texas Ave., Shreveport, La.

542.13. Brown v. Gray (Lake Charles, La.) (WD La., #7360-LC.) Class action to enjoin enforcement of segregated seating on public transportation facilities. Pending.

Leo F. McDaniel, Esq., 201½ Enterprise, Lake Charles, La., and A. P. Tureaud, Esq., 1821 Orleans Ave., New Orleans.

542.14. Jemison v. Christian. (Baton Rouge, La.) (ED La., #1841.) 1957: class action to enjoin segregated seating on public transportation facilities filed. Pending.
542.15. Boman v. Birmingham Transit Co. (ND Ala., #9255.) (280 F. 2d 531.) Suit by Pl.-Negroes for desegregation of Birmingham buses. Nov. 1959: DC dismissed as to Def.-Birmingham Transit Co.; denied injunctive relief against Bd. of City Commissioners. Jy. 1960: CA 5 reversed dismissal, held Def. Co's. segregated seating rule was converted into state action violating Fourteenth Amendment because "enforced by force or threat of arrest and criminal action"; remanded.
542.16. City of Montgomery v. Taylor. (Montgomery City Ct.) Nov. 23, 1960: Negro Def. allegedly attempted to sit beside white policewoman on city bus; arrested; charged with disorderly conduct; $100. bond. Trial: Nov. 28, 1960.
542.17. City of Petersburg v. Defendants. (Petersburg Muni. Ct.) Jy. 31, 1960: 15 Negroes arrested after sit-in at Trailways bus terminal. Charge: trespassing under old Va. stat. Aug. 1, 1960: Muni. Ct. dismissed charges without prejudice; 36 arrested. Charge: trespassing in violation of 1960 stats. Pending.
550. Miscellaneous Facilities
551. Recreational

551.Cal5. Santa Clara Voiture 365 v. American Legion 40 & 8 Society. (San Jose Super. Ct.) Def.-organization cancelled charter of Pl.-chapter when it admitted Chinese-American
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commander of Am. Legion Dist. 14. Oct. 1958: Super. Ct. issued temporary restraining order preventing revocation of charter, refused to permit Def. to charter new all-white voiture. Nov. 1959: American Legion severed its connection as parent organization to Def.-40 & 8 Society. Suit pending. Oct. 21, 1960: Def.-organization, at natl. convention, voted 1832-264 to continue restriction against non-white members.

Amicus appearance by Stanley Mosk., Esq., Atty. Genl. of California, Sacramento.

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

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

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. Nov 29, 1960: argument on motion for summary judgment.

Francisco A. Rodriguez, Esq., 703 Harrison St., Tampa.

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.

A.T. Walden, Esq., 200 Walden Bldg.; D. L. Hollowell, Esq., 859½ Hunter St. NW, both of Atlanta; Constance Baker Motley, Esq., N.A.A.C.P. Legal Defense Fund, 10 Columbus Circle, NYC.

551.Miss2. U.S. v. Harrison Co., Co. Bd. of Supervisors, Co. Sheriff, City of Biloxi, City Mayor, Police Chief. (SD Miss., #2262.) 1951-1953: U.S. contracted to spend $1,133,000. to repair seawall and reconstruct Biloxi beach, Defs. to maintain same for public use. May 17, 1960: U.S. filed suit to enjoin Defs. from preventing or seeking to prevent Negroes, by reason of race, from using beach (see 551.Miss1.), and from thus violating contract with U.S. Pending.

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

551.NC1. Wolfe v. North Carolina. (Gov. Hodges.) (193 S.E. 2d 846, 248 N.C. 485.) 1958: Co. Ct. convicted Negro Defs. of trespass for teeing off on city-owned golf course after paying fee, having it rejected. N.C. Sup. Ct. affirmed. June 27, 1960: U.S.S.C. (5-4) dismissed Def's. appeal from convictions for trespassing on golf course after being denied permission to play, Stewart, J.: altho Defs. won Simkins, companion injunction suit in fedl ct. (149 F. Supp. 562, aff'd. 246 F. 2d 425) 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. Nov. 11, 1960: N.C. Gov. denied request to pardon Defs., commuted 15-day jail sentences on condition Defs. pay $7,000. ct. costs.

J. Alston Atkins, Harold L. Kennedy, Annie B. Kennedy, Esqs., Winston-Salem, N.C.; C. O. Pearson, Esq., Durham, N.C.; Carter W. Wesley, Esq., Houston, Tex.; James M. Nabrit, Esq., Washington, D.C.

551.SC2a. South Carolina v. Defendants. (Greenville.) (City Recorder's Ct.) Jy. 16, 1960: 8 Negroes arrested at city library after librarian asked them to leave. Charge: disorderly conduct. Jy. 18, 1960: Police Lt. requested jury trials; postponed.

Donald James Sampson, Esq., 125½ Fall St., Greenville, S.C.

551.SC2b. Anderson v. City of Greenville. (WD S.C., #2787.) Class action to enjoin Def's. 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; suit dismissed as moot. Sept. 19, 1960: libraries reopened "for benefit of any person having a legitimate need".

Donald James Sampson, Esq., 125½ Fall St., Greenville, S.C.


Wallace Westfeldt, Nashville Sit-ins. Nashville Community Relations Conf., 2001 Division St., Nashville.

551.Tenn3a. Turner v. Randolph. (Memphis.) (WD Tenn., #3525.) Following arrests of Negroes using public library reading room, (see 551.Tenn3, V DOCKET 66), class action filed to enjoin operation of public library facilities and services on racially segregated basis. 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.) Pls., Negro ministers, allege Def.-Hotel accepted reservation from them for 1957 Baptist convention in Dallas, refused to rent rooms on learning their race. Suits for $15,000. damages filed. Pending.

U. Simpson Tate, Esq., 4211 S. Oakland Ave., and W. J. Durham, Esq., 2600 Flora St., both of Dallas.

551.Tex2. Willie v. Harris Co., Texas. (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
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deprivation of rights as to warrant immediate relief without exhaustion of administrative remedies by requesting Commrs. to integrate park. Briefs filed by both parties; pending.
551.Va5. Giles v. Library Advisory Comm., City of Danville (WD Va., # 452.) May 6, 1960: DC granted Negro-Pls'. petition for temporary injunction ordering City to extend full privileges to Negroes in main municipal library, effective May 21. May 20, 1960: Def. closed library. Sept. 13, 1960: library reopened for integrated use, all tables and chairs having been removed. Sept. 14: case dismissed.

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

552. Dining

552.Ala1. City of Montgomery v. Davidson. (Montgomery Recorder's Ct.) March 1960: 35 Negro students at Ala. State College arrested after participating in lunch counter sit-in at Co. courthouse and other anti-segregation demonstrations; charged with disorderly conduct, failure to obey officer. March 8: 1960: 37 Defs. tried; 2 found not guilty; 33 found guilty; fined $100. on each count. Appeals pending.

Solomon Seay, Jr., Esq., 29 N. McDonough St., Charles Langoford, Esq., Fred Gray, Esq., 34 N. Perry St., all of Montgomery.

552.Ala1a. Dixon v. Alabama State Bd. of Educ. (CA 5, #18641.) 6 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 Pl's. 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". Appeal pending.

Fred D. Gray, Esq., 34 N. Perry St., Montgomery; Thurgood Marshall, Esq., N.A.A.C.P. Legal Defense Fund, 10 Columbus Circle, NYC.

552.Ala2. City of Montgomery v. Baumann. (Montgomery Recorder's Ct.) Def.-white professor from Illinois, his wife and ten students arrested after eating lunch with 7 Negroes in private dining room in Negro cafe. 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.Ala4. City of Montgomery v. King and Embry. (Montgomery Recorder's Ct.) June 1960: White theology student from Boston University and Negro arrested for eating with six Negro and 12 white companions. June 8, 1960: same Defs. asked to be served lunch at segregated hotel; charged with passing and refusal to obey traffic officer after ignoring request to leave. June 8, 1960: 2 Defs. fined $100. each on trespassing charge, $100. each on failure to obey officer, and 10 days hard labor. Appeal pending.

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. (Jefferson Co. Cir. Ct.) June 7, 1960: disorderly conduct charges based on participation in April 1960 sit-in dismissed as to Def.-Reeves, white ministerial student. 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. (Birmingham Muni. Ct.) Aug. 1960: 7 Negro youths 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.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. Oct. 10, 1960: U.S.S.C. noted probable jurisdiction.
552.Fla2. Steele v. City of Tallahassee. (U.S.S.C.) Feb. 20, 1960: 11 Negro students arrested after sit-in at Woolworth's. Mar. 17, 1960: all Defs. convicted; 60 days or $300. fine. 3 Defs. pd. fine; 1 released on bail; 8 served sentences. Oct. 27, 1960: Leon Co. Cir. Ct. affirmed. Petition for certiorari pending.

Tobias Simon, Howard W. Dixon, Alfred Hopkins, Esqs., on behalf of Fla. Civil Liberties Union, 706 Ainsley Bldg., Miami.

552.Fla3. Brock, Jr. v. City of Tallahassee. (U.S.S.C.) Mar. 12, 1960: 6 white and 6 Negro students (Fla. State Univ., Fla. A & M Univ.) arrested for participating in sit-in at Woolworth's. Mar. 17, 1960: 12 Defs. convicted; 11 sentenced to 60 days or $300.; 1 (white) student placed on probation. Oct. 27, 1960: Leon Co. Cir. Ct. affirmed. Petition for certiorari pending.

Tobas Simon, Howard W. Dixon, Robert Ramer and Alfred Hopkins, Esqs., on behalf of Fla. Civil Liberties Union, 706 Ainsley Bldg., Miami.

552.Fla4. Florida v. Robinson. (Dade Co. Cir. Ct., 11 Jud. Cir., #5041 cr.) 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:
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all Defs. found guilty after trial; 1 yr. probation in custody of probation officer. Appeal pending.

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

552.Fla5. Florida v. Parker. (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 white prisoner in segregated jail, suffering broken jaw.
552.Fla5a. Florida ex rel. Parker v. City of Jacksonville. (Duval Co. Cir. Ct., #60-1187-L.) Sept. 2, 1960: Def. in 522.Fla5 filed petition for writ of habeas corpus. Sept. 7, 1960: Ct. quashed writ. Oct. 29, 1960: Def. released after 60 days of 90 day sentence.

Earl M. Johnson and Ernest D. Jackson, Esqs., 410 Broad St., Jacksonville.

552.Ga1. City of Atlanta v. Defendants. (Fulton Co. Ct.) April 15, 1960: 83 Negroes, mainly college students, indicted by grand jury on charges of trespassing, breaching the peace and unlawful assembly because of sit-in demonstration.
552.Ga6. Andrews v. Lindsay. (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 v. Okarma. (Atlanta.) (DC Ga., #7288.) Aug. 3, 1960: class action filed by Negro Pls. against City officers asking desegregation of City Hall lunchroom, 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: Def's. 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 v. Lee. (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. Oct. 10, 1960: DC granted Def's. motion for summary judgment; complaint dismissed.

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.Ga10. Georgia v. King. (Atlanta City Ct.) Oct. 19, 1960: 51 Negro college students and minister arrested during sit-ins at lunch counter in downtown dept. store. Charge: refusing to leave private property upon request under 1960 Ga. stat. 36 Defs. refused to post $500. bond each pending trial in Co. Ct.; held. Cases against 16 dismissed. Oct. 24, 1960: Muni. Judge permitted 36 Defs. to sign their own bonds; all but Rev. King released; trial date to be set.

And see Rev. King, 552.Ga10a.

552.Ga10a. Georgia v. Rev. King. (Atlanta.) (DeKalb Co. Crim. Ct.) Def. Negro minister, arrested in sit-in Oct. 19, (see 552.Ga10). Charge: sit-in arrest constituted violation of probation in traffic case, in which Def. convicted of driving without Ga. operator's license in Sept. 1960, given $25. fine and 12-mth. suspended sentence. Oct. 26, 1960: Co. Ct. imposed 4 mth. sentence on traffic charge; King jailed; Ct. reversed, granted bail. Pending.

D. L. Hollowell, Esq., 859½ Hunter St. NW, Atlanta.

552.Ga10b. Georgia v. Rev. Williams. (Atlanta.) (DeKalb Co. Crim. Ct.) Oct. 25, 1960: during trial of Rev. King (552.Ga10a) in crowded ctroom, Def.-pres., Atlanta Chapter, N.A.A.C.P., arrested, charged with interfering with duties of deputy sheriff. Pending.
552.Ga10c. Georgia v. Sprayberry. (Atlanta City Ct.) Oct. 20, 1960: Def.-white youth arrested while spraying lunch counter sit-in demonstrators with deodorant at Woolworth's. Charge: inciting to riot; convicted; 10 day jail term.
552.Ga11. Georgia v. Defendants. (Atlanta.) (City Ct.) Oct. 21: 2 Negro students arrested at Woolworth lunch counter sit-in. Status similar to 552.Ga10.
552.Ga4. Georgia v. Defendants. (Savannah Muni. Ct.) May 5, 1960: Judge Alexander sentenced 32 Negroes to $100. or five months in jail under new state anti-trespass law. Appeal pending.
552.La1. Louisiana v. Moss, Morris. (Baton Rouge.) (19th Jud. Dist. Ct., La., ##35,566 - 35,568.) Apr. 4, 1960: 18 Negro students arrested for disturbing the peace through a sit-in at Kress' department store; released on $1,500. bond apiece; suspended or expelled from school. 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. 9, 1960: 5 Negroes and 2 white (Tulane) students arrested after sit-in at Woolworth's. Charges: disturbing the peace, criminal mischief, trespassing. Pending.
552.La3. Louisiana v. Goldfinch. (New Orleans.) (Orleans Parish Ct). Sept. 21, 1960: Def., white Tulane grad. student, arrested while with 2 Negro students during lunch counter sit-in. Charges: criminal mischief, conspiracy to commit criminal anarchy, based on Def's. alleged remark at counter: "I have come here for a purpose and I will not leave until I have accomplished that purpose or have been arrested", allegedly directed against State of La. Freed on $2,750. bail. Nov. 3, 1960: hearing.
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552.Mo1. Missouri v. Defendants. (St. Louis.) Oct. 19, 1960: 2 Negro youth arrested in sit-in at Pope's Cafeteria branches.
552.NY1. Carter v. Canton Valley Restaurant. (Jamaica Muni. Ct., Queens.) Feb. 1959: Negro-Pl. denied service at Def.-Chinese restaurant until he brought policeman to manager. $2.000. damage suit filed, settled with aid of ct.

Burton Shaps, Esq., 258 Broadway, NYC.

552.NC2. North Carolina v. Defendants. (Winston-Salem. (Muni. Ct.) March 2, 1960: 11 white and 11 Negro students convicted of trespassing in connection with protest against discrimination at a Woolworth store, under N.C. Genl. Stats. 14-126; prayer for judgment continued for 12 mths.

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

552.NC3. North Carolina v. Avent. (Durham Co. Super. Ct.) May 6, 1960: 7 white and 40 Negro students arrested in sit-in at Kress Co. Jy. 1960: 7 Defs. tried under 14-134 Genl. Stats. N.C.; convicted; 15-20 days jail. Appeals pending in N.C. Sup. Ct.

C. O. Pearson, Wm. A. Marsh, Jr., Esqs., 203½ E. Chapel Hill, Durham, N.C.

552.NC4. City of Monroe v. Williams. (Monroe Muni. Ct.) March 11, 1960: Pres. of the Co. N.A.A.C.P. arrested on trespass charges because sat-in at "white only" lunch counter.
552.NC5. City of Charlotte v. Defendants. (Charlotte Muni. Ct.) Feb. 9, 1960: 3 students arrested in sit-in, charged with assault (pushing) and failure to heed warning of a fire violation (standing in an aisle).
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.

J. Kenneth Lee, Esq., 427 S. Benbow St., Greensboro, N.C.

552.SC1. City of Sumter v. Defendants. (Sumter Muni. Ct.) March 4, 1960: 26 Negro students jailed for breach of the peace when they failed to leave dime and drug store lunch counter at management's request. Pending.
552.SC1a. City of Sumter v. Defendants. (Sumter.) Oct. 12, 1960: 11 Negro students (Morris College) arrested in lunch counter demonstrations. Charge: breach of peace. Bond: $100. each. Pending.
552.SC2a. South Carolina v. Defendants. (Orangeburg.) (Muni. Ct.) Oct. 20, 1960: 6 Negro students (State and Claflin Colleges) arrested at Kress lunch. Charge: trespassing. Oct. 21, 1960: all convicted; 6 male Defs.: $55. or 30 days; 1 woman Def., second offender: $100. or 30 days.
552.SC3a. City of Columbia v. Bowie. (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.
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.SC9. Byrd v. Gary. (Darlington.) (S.C. Sup. Ct.) Mar. 1960: several Negro students, protesting discrimination by milk co., refused to drink milk provided with school lunches. Def.-School principal expelled several students, who sued, charging violation of their civil rights. Cir. Ct. dismissed. Appeal to S.C. Sup. Ct. pending.
552.Tenn2a. City of Nashville v. Defendants. (Nashville Crim. Ct.) Spring 1960: 91 sit-in demonstrators at downtown lunch counters arrested; charge: conspiracy to disrupt trade and commerce. Merchants refused to prosecute; Atty. Gen'l's. office recommended dismissal. Oct. 19, 1960: charges dismissed.
552.Tenn4a. City of Nashville v. Carnaham. (Nashville.) Nov. 22, 1960: Def. white (Vanderbilt) divinity student arrested while accompanying Negroes in sit-in; 2 whites arrested while heckling sit-in demonstrators.
552.Tenn6. Tennessee v. Parsons. (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.) Mar. 28, 1960: 25 Negro college students sought service at 3 lunch counters, picked up by police, released. Mar. 30, 1960: 55 Negro students arrested for unlawful assembly; 200 arrested without charges. Apr. 7, 1960: Defs. convicted of refusing to leave private store on management request; 1 fined $200., 34 fined $50. apiece. Appeal pending.

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

552.Va7. City of Portsmouth v. Defendants. (Portsmouth Muni. Ct.) Feb. 17, 1960: 25 juveniles and 19 adults, Negro and white, arrested during sit-in demonstration at Midcity Shopping Center. Feb. 23 and Mar. 21, 1960: 25 juveniles found not innocent; $20. fines or placed on probation. Feb. 21 and Mar. 1, 1960: 19 adults tried; convicted of disorderly conduct; $25.-$50. fines; convicted of carrying concealed weapons; $35. and 30 days suspended for 12 mths. during good conduct.

James A. Overton, Esq., Portsmouth, Va.

552.Va8. Virginia v. Rev. Williams. (Petersburg Muni. Ct., Juv. and Domestic Relations Ct.) Aug. 3, 1960: White store manager, Def.-Negro minister and 11 juveniles arrested at sit-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. Aug. 11, 1960: aiding and abetting charge dismissed as to Def.-minister; 11 juveniles found not innocent; sentencing postponed.
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Jordan Dawley and Holt, Esqs., 726 E. Brambleton Ave., Norfolk.
552.Va9. Virginia v. Defendants. (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.

Jordan, Dawley and Holt, Esqs., 726 E. Brambleton Ave., Norfolk.

553. Others

553.Ga1. Seniors v. Hon. Luke Arnold. (Atlanta.) (CA 5, #18458.) Mar. 1960: Pl.-Negro student arrested in sit-in demonstration. (See 552.Ga1) Apr. 25, 1960: Pl. sued to enjoin Defs. from segregating according to race in Ct's. spectator section, lock-up sections, rest rooms. June 6, 1960; DC granted Def's. motion to dismiss. Nov. 22, 1960: CA 5 affirmed.

Jordan, Dawley and Holt, Esqs., 726 E. Brambleton Ave., Norfolk; Henry H. Jones, Esq., 815 - 5th St. NW, Washington, D.C.

553.NY1. Patterson v. Max Beauty Salon. (Mineola, L.I.) (Nassau Co. Dist. Ct.) Def. salon allegedly refused to serve Sandra Patterson because of her race. Nov. 1960: suit filed by Floyd Patterson and wife for $500. damages under N.Y. Civil Rights Law and $3,000. for shame and humiliation. Pending.

Joel Weinberg, Esq., 51 Chambers St., NYC.

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: $50. fine. Appeals pending. Defs. ordered held for grand jury action on state charge: interfering with public worship.

R. B. Sugarman, Jr., A. W. Willis, Jr., Esqs., 588 Vance, Memphis.

553.Tenn2. Tennessee v. Ford. (Memphis.) (Shelby Co. Crim. Ct., #86492.) Aug. 30, 1960: 10 Negro Defs. arrested in connection with sit-in at religious worship in Overton Park Shell. Charge: disturbing a religious assembly. Pending.
553.Va4. Wells, et al. v. Chief Judge Gillam, Petersburg Muni. Ct. (ED Va., Richmond Div.) Oct. 14, 1960: Pl.-Negro citizens and ministers filed class suit for declaratory judgment, $130,000. damages, temporary and permanent injunctions to restrain Def. from continuing policy of racial segregation in seating persons in Petersburg Muni. Ct. Jurisdiction alleged under 42 USC 1981, 1983; 28 USC 1331, 1343(3), 2201, 2281, 2294, due process and equal protection clauses. Pending.

Jordan Dawley and Holt, Esqs., 726 E. Brambleton Ave., Norfolk, Va.; Henry H. Jones, Ess., 815 - 5th St. NW, Washington, D.C.

560. Family Matters
561. Marriage and divorce
Law review article:

Albert A. Ehrenzweig, Miscegenation in the conflict of laws, 45 Cornell L. Quart. 659-678.

561.1. Oyama and Jordan v. Pima Co. Clerk. (Ariz. Sup. Ct.) Oct. 1959: Pl.-Japanese-American and Pl.-Caucasian applied for marriage license; Clerk refused to issue license, under Ariz. Rev. Stat. sec. 63-107. Nov. 1959: Pls. petitioned for writ of mandamus in Ariz. Sup. Ct., ordering Clerk to issue license. Nov. 24: Ariz. Sup. Ct. (4-1) rejected application. Dec. 12, 1959: suit filed. Dec. 23, 1959: Super. Ct. held statute unconstitutional under First and Fourteenth Amendments; ordered license issued. Pls. married. Def's. appeal pending in Ariz. Sup. Ct.

Frank Barry, Charles Ares, and Paul Rees, Jr., Esqs., for Arizona Civil Liberties Union, Tucson, Arizona.

562. Adoption
563. Custody
564. Miscellaneous
570. Employment
571. Racial discrimination

Jy. 6, 1960: Balt. ordinance #409 enacted, giving Balt. Equal Opportunity Comm. enforcement powers.

571.15. Conley, et al. v. Gibson, Bro. of Railway and Steamship Clerks. (SD Tex., Houston Div., #8443.) (138 F. Supp. 60, 299 F. 2d 436, 355 U.S. 41.) 1954: Tex. and New Orleans RR. discharged or demoted 45 Negro workers, not actually abolishing jobs, but replacing with white workers. Def.-Union, bargaining agent covering Negro workers under Ry. Labor Act, did nothing to protect Negro workers from discriminatory discharges, or to represent Negro workers generally. Pl.-Negro workers sought declaratory judgment and injunctive relief. DC granted Def's. motion to dismiss, held Congress had given Adjustment Bd. exclusive jurisdiction over such controvery. CA affirmed. Nov. 1957: U.S.S.C. unanimously reversed, Black, J.: 1) Adjustment Bd. has no power here; 2) RR. not indispensable party; 3) complaint set forth claim. Pending in DC on remand.

Joseph C. Waddy, Esq., Washington, D.C.; Roberson L. King, Esq., Houston, Texas.

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.) Oct. 1958: 29 Negro employees of Def.-RR. asked permanent injunction to prevent discrimination by Defs. as to lay-offs and promotions on basis of race, $1,885,000. damages claimed for failure to promote Negro-employees on basis of seniority. Pending.

Carl A. Williams, Hamah R. King, Alfred Spivey, and Roberson L. King, Esqs., 810 Prairie St., Houston, Texas.

571.25. Colorado Anti-Discrimination Comm. v. Continental Air Lines, Inc. (Denver Dist. Ct., #19215.) Pl.-Negro flyer charged Def. refused to hire him solely on basis of race. Colo. Comm. found against Resp.; ordered Pl. enrolled in next pilot training class. June 1959: Dist. Ct. held Comm's. order a nullity. 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
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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. Reheard and submitted to Dist. Ct.

Asst. Attys. Genl. Robert Nagel, Charles Thomas and Edward Miller, Denver. Counsel for Green: T. Raber Taylor, Esq., Denver.

571.31. Re McCloskey Construction Co. (President's Comm. on Gov't. Contracts.) Complaint filed with Pres. Comm. charging Co. with refusal to hire Negroes on gov't. buildings in Washington, D.C. Co. alleges Structural and Ornamental Iron Workers Union, with which it has contract, has sent no Negro workers. Union denies recial discrimination. Comm. rejected Co. proposal to bring Negro workers from Philadelphia. Pres. Comm. referring complaint to General Services Admr. (U.S. Gov't. contracting agency.)
571.35. Local 2, Liquor Salesmen's Union v. N.A.A.C.P., et al. (NYC Sup. Ct.) Mar. 14, 1960: Pls.-white liquor salesmen sought temporary injunction against Def.-Negroes continuing a sub rosa boycott of white package store owners in Harlem who do not employ Negro salesmen. Pending.
571.37. City of Detroit, Dept. of Water Supply, Detroit Civil Service Comm., et al. v. Michigan Fair Employment Practices Comm. (re Estate of Ragland.) (Wayne Co. Cir. Ct.) 1953: Complainant Ragland employed by Pl.-City. Jy. 1956: Comp. filed complaint with Mich F.E.P.C. alleging racial discrimination by Pl. in assignment of lockers at sewage treatment plant. Jan. 1957: Pl. discharged Comp. Sept. 1959: after public hearing, Comm. found Pl. discharged Comp. in retaliation for his having filed claim with F.E.P.C., held this a violation of F.E.P.C. Act, sec. 3(f). Comp. deceased. Pl.-City's appeal from Comm. order pending.

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

571.38. Dr. Hawkins v. N.C. Dental Society and Second Dist. Dental Society. (WD N.C., #1505.) 1955: Pl.-Negro dentist sought membership in Def.-societies, needing endorsement of 2 members. Pl. alleges pressure by Defs. resulted in impossibility of securing two endorsements. Apr. 1960: Pl. sued for permanent injunction restraining Def.-societies from refusing him full membership. Pending.

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

571.41. Credit Bureau of Albuquerque v. New Mexico Fair Employment Practices Comm. (Dist. Ct., N.M.) Mar. 1960: 3 Mexican-American women discharged by Pl. Labor and Industrial Commr. filed formal complaint against Pl. with Def.-Comm. After hearing, Def.-Comm. found: evidence failed to show women discharged because of national origin or ancestry; found Pl's. written policy prohibiting employees from speaking foreign language on the job an unlawful employment practice in violation of N.M. F.E.P. Law, sec. 4-C; dismissed complaint re discharge; ordered Pl. to cease policy described. Pl's. appeal pending.
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. (ED Mich.) Pl.-Negro arrested by Detroit police who subsequently beat him upon his objection to their slurs against Negroes. Pl. sues under 42 USC 1983 and 1985, alleging acts done under color of law. Trial before DC without jury; decision awaited.

Goodman, Crockett, Eden, Robb, and Philo, 3220 Cadillac Tower, Detroit.

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