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CIVIL LIBERTIES DOCKET
Vol. VI, No. 1
November, 1960
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The DOCKET is published four times each year, October to July.
OSMOND K. FRAENKEL, Chairman of DOCKET Board
ANN FAGAN GINGER, Editor

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

Law review article:

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

Comment:

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.

Comments:

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"
Comment:

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
Comment:

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
FREEDOM OF RELIGION (100-199)
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
Comments:

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
Comment:

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 Guil