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CIVIL LIBERTIES DOCKET
Vol. VI, No. 2
February, 1961
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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)

MATERIAL ON U.S. SUPREME COURT:

Books:

Charles L. Black, Jr., The People and the Court: Judicial review in a democracy. Macmillan, 231 pp. $5.00.

Philip B. Kurland, editor, The Supreme Court Review, U. of Chi. Law School, 326 pp.

Symposium on U.S. Supreme Court:

Carl B. Swisher, The Supreme Court and the forcing of federalism: 1789-1864, 40 Neb. L. Rev. 3-15;

Roscoe Pound, The Supreme Court and responsible government: 1864-1930, 40 Neb. L. Rev. 16-34;

J. Lee Rankin, The Supreme Court, the depression and the New Deal: 1930-1941, 40 Neb. L. Rev. 35-62.

Law review articles:

Samuel Krislov, Jefferson and judicial review: refereeing Cahn, Commager and Mendelson, 9 J. of P.L. 374-81.

Robert B. McKay, Selection of U.S. Supreme Court justices, 9 Kans. L. Rev. 109-37.

A decade of legislative history in the Supreme Court: 1950-1959, 46 Va. L. Rev. 1408-38.

Leonard G. Ratner, Congressional power over the appellate jurisdiction of the Supreme Court, 109 U. of Pa. L. Rev. 157-202.

GENERAL CONSTITUTIONAL MATERIAL:

Law review articles:

Arthur S. Miller and Ronald F. Howell, The myth of neutrality in constitutional adjudication, 27 U. of Chi. L. Rev. 661-95.

Maxim Letourneur, Control of governmental action to prevent violation of individual rights, 21 Ohio St. L. J. 559-69.

Eugene V. Rostow, The enforcement of morals, Nov. 1960 Camb. L. J. 174-98.

Comment:

Social psychological data, legislative fact, and constitutional law, 29 G. Wash. L. Rev. 136-65.

Surveys on constitutional law:

74 Harv L. Rev. 116-37;

7 Wayne L. Rev. 37-50;

38 N.C. L. Rev. 529-39.

Reports:

A.C.L.U. of N. Calif., Report — 1958-1960. (503 Market St., San Francisco.)

A.C.L.U., By the people, 40th Report — 1959-60. (156 Fifth Ave., NYC.)

Book:

Ephraim London, edit., The World of Law. Simon & Schuster, 1,472 pp. $17.50.

SPEECH, PRESS AND ASSEMBLY (0-199) See also Association (200-299)
Booklet:

Clifford J. Durr, Jesus as a free speech victim: trial by terror, 2000 years ago. (E.C.L.C., 421 Seventh Ave., NYC.)

10. Licensing
11. Meetings

11.3. Am. Civil Liberties Union v. Los Angeles City Bd. of Educ.

(Calif. Sup. Ct.) [Cite as: VI CIV. LIB. DOCKET 51, #11.3. ] For facts, see VI DOCKET 1. Jan. 24, 1961: Calif. Sup. Ct. reversed (4-3), held Educ. Code Sec. 16565 unconstitutional as prior restraint on assembly by requiring non-communist oath of applicants for use of public school facilities. Sec. would prohibit Communist meetings held to discuss lawful purposes involving no clear and present danger, in violation of First Amendment. Ct. read Dennis only as "explained in Yates", distinguished ACA v. Douds, said no legislative finding has been made that Communist Party advocated concrete action of violent overthrow in public meetings. Ct. issued peremptory writ directing Def. to grant Pl. permission to meet in public school without signing form in Sec. 16565.

11.6. Rockwell v. NYC Park Commr. (N.Y. Sup. Ct., App. Div., 1st Dept.) June 20, 1960: Sup. Ct. granted order restraining Park Commr. from issuing permit to Pet. leader American Nazi Party, to hold Union Square rally Jy. 4. Aug. 30, 1960: Sup. Ct. dismissed Pet's. action to compel Commr. to grant permit, held First Amendment not involved because Pet. had called NYC residents "traitors" on basis of their race and color. Feb. 14, 1961: App. Div. reversed (4-1): "The unpopularity of views, their shocking quality, their obnoxiousness and even their alarming impact is not enough. Otherwise the preacher of any strange doctrine could be stopped; the anti-racist himself could be suppressed".

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

- 52 -

11.7. Florida ex rel. Feldman and Ray, (Emma Lazarus Organization) v. City of Miami Beach. (3d Dist. Ct. of App.) For facts, see VI DOCKET 1.*

Robert Ramer, Esq., for Fla. Civil Liberties Union, 305 N.W. 27th Ave., Miami.

Law review article:

Richard W. Ervin, Freedom of assembly and racial demonstration, 10 Cleveland-Marshall L. Rev. 88-103.

12. Motion Pictures

12.15. Times Film Corp. v. Chicago. (U.S.S.C., #34.) For facts, see VI DOCKET 1. Jan. 23, 1961: U.S.S.C. (5-4) affirmed denial of injunction to Pl. seeking relief from prior censorship of film, per Clark, J.: U.S.S.C. can't limit state remedy for obscene films to prosecution of film exhibitors after the showing. "We, of course, are not holding that city officials may be granted the power to prevent the showing of any motion picture they deem unworthy of a license". Warren, C.J., Douglas, J., diss. opinions, with Black, Brennan, JJ.: U.S.S.C. has fallen "into full retreat" from "one of bases of First Amendment" — bar against prior restraint; this method requires extended litigation by film cos., without explaining why movies should be treated differently from every other medium of expression.
13. Peddlers
14. Books, Magazines (see also 52)

14.8. Peck v. Regents, Univ. of Calif. (L.A. Super. Ct.) Nov. 13, 1959: Defs. adopted resolution: "no literature may be distributed free or sold in connection with meetings or events without permission obtained in advance". Dec. 13, 1960: suit filed by UCLA students for injunctive relief against enforcement of resolution, and for declaratory judgment that resolution violates First Amendment rights. Pending.

ACLU Student Chapter, Westwood Campus; PLATFORM, UCLA political party; ACLU of S. Calif. supporting suit: A. L. Wirin, Esq., and Lawrence Steinberg, Esq., 323 W. 5th St., Los Angeles.

15. Miscellaneous

15.1. New York v. Ziegler.

(NYC Magis. Ct.) [When there have been no significant developments in a case since the last report, the case will be listed with an asterisk, as in this instance. ]

15.2. Simone v. NYC Police Commr. Kennedy. (NY Sup. Ct., Manhattan.) Nov. 30, 1960: representative suit filed on behalf of cabaret performers and employers, orchestra conductors and employers, musical crafts against Def's. requirement that all cabaret entertainers and other employees obtain police identification cards; for accounting of salaries paid police license division; accounting of "over $1,000,000." in license fees. Issues: constitutionality of requirement; lack of standards if "card" requirement is valid. Pending.

Maxwell T. Cohen, Esq., 305 Broadway, NYC.

And see Rubenstein, 30.2, V DOCKET 22.

20. Administrative Restrictions
21. Customs

21.2. Shapiro v. U.S. Customs Bureau. (DC DC.) Pl. imported French film, "The Games of Love"; appraiser in Def's. Washington office refused to allow film in country til passed on by superiors; film locked in Def's. warehouse. After month delay, Pl. sued alleging unconstitutionality of Def's. action, particularly when no definition of "obscenity" is set forth in statute governing Def's. seizures. DC ordered Acting Customs Commr. to view film. Commr. found it acceptable for entry.

Ephraim London, Esq., 150 Broadway, NYC.

22. Post Office

22.8. Wirin v. Summerfield, Postmaster. (DC DC.)*
22.9. Hughes v. Schroeder. (ND Ill., E. Div., #59 C 728.)*
22.10. Rabin v. Schroeder. (ND Ill., E. Div., #60 C 42.)*
22.10a. Pls. v. Postmaster General. (DC DC.) Sept. 13, 1960: Pls. brought suit challenging power of Defs. Postmaster General, Secy. of Treasury and Customs Commr. to confiscate as "foreign political propaganda" millions of pieces of mail from outside U.S., including, e.g., 400,000 pieces admittedly held in one year in Chicago alone. Pending.

Joel J. Sprayregen, Esq., Willard J. Lassers, Esq., 11 S. La Salle, Bernard Weisberg, Esq., 231 S. La Salle, Alexander Polikoff, Richard Waller, Esqs., all of Chicago; Lawrence Speiser, Esq., 1612 Eye St. NW, Charles Horsky, Steven Pollak, Esqs., all of Washington, D.C., for ACLU.

22.12. Four Star Publications, Inc. v. Erbe, individually and as Iowa Atty. Genl. (CA 8, ##16492, 16495.)*

Law review article:

James C. N. Paul, The post office and non-mailability of obscenity: historical note, 8 U.C.L.A. L. Rev. 44-8.

23. Miscellaneous

23.9. Rev. Shuttlesworth v. Birmingham Police Comm. Connor. (ND Ala.) For facts, see VI DOCKET 2. Def. alleged police were present at Ala. Christian Movement for Civil Rights meetings to protect members because church where meetings held had been bombed. Nov. 1960: DC dismissed suit.
23.10.. Smith v. Cremins. (SD Cal.) Jan. 1960: Pl. sought to distribute religious tracts to protest arrival of Soviet Deputy Premier in Los Angeles. Two Defs., policemen, seized and destroyed pamphlets, held Pl. 10 minutes, released him without charge, refused to return tracts. Jan. 1961: damage action filed, challenging Defs. actions taken without search or arrest warrant.

Alton I. Leib, Esq., 190 N. Canon Drive, Beverly Hills, A. L. Wirin, Esq., 257 S. Spring St., Los Angeles.

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23.11. New York Post Corp. v. Moses. (N.Y. Ct. of App.) (204 N.Y.S. 2d 44.) Pl.-newspaper, denied access to record of Triborough Bridge and Tunnel Auth., sued to inspect same for 10 yr. period. June 29, 1960: Sup. Ct. held for Def. Feb. 1, 1961: App. Div. reversed, held Def. "is a public business" since it can condemn land, tho some costs met by floating bonds and collection of tolls; its records therefore open to inspection. "Newspaper has the right to publish matters of public interest . . ." Def's. appeal pending.

Case note:

36 N. Dame Lawyer 68-73.

Access to legislative dept. records by the press: Trimble v. Johnston (173 F. Supp. 651, DC DC 1959):

44 Marq. L. Rev. 230-34.

23.12. Re Richard G. Jones. (Wash. State Supt. of Public Inst. Bruno.) Spring 1960: Resp's. government class sent cable to Pres. Eisenhower at Paris summit conference urging him to apologize to USSR re U-2 incident. Resp.-teacher dismissed by Bremerton School Dist. Appeal pending.
23.13. Mansare v. Los Angeles Bd. of Police Commrs. (Los Angeles Co. Super. Ct.) Pl., member Natl. Ensemble, Republic of Guinea, in U.S. under cultural exchange program, sues for injunctive relief to prevent enforcement against his dance troupe of Rule 4 prohibiting cafe entertainment by women with bare breasts. Issue: freedom of expression; whether rule applies to Pl's. troupe. Pending.

A. L. Wirin and Fred Okrand, Esqs., for A.C.L.U. of S. Calif., 257 S. Spring St., Los Angeles.

Case notes:

Court order forbidding photography, TV and radio facilities on streets and sidewalks surrounding courthouse constitutional: Atlanta Newspapers, Inc. v. Grimes (216 Ga. 74, 114 S.E. 2d 421, 1960):

10 DePaul L. Rev. 151-56;

36 N. Dame Lawyer 77-81.

30. Economic Restrictions

30.1. Independent Productions Corp. v. Loew's, Inc. (SD NY, Civ. #110-304.) (283 F. 2d 730.)*
30.3. Comm. to Secure Justice for Morton Sobell v. Tavern-on-the-Green Restaurant. (SD NY.)*
30.5. Wagner v. Post Office. (U.S. Post Office.)*
30.6. Eustace v. Postmaster General and U.S. Civil Service Commission. (DC DC.)*
30.7. Young v. Motion Picture Assn. of America, Inc. (DC DC.) Dec. 30, 1960: 12 Pls., Hollywood writers and actors, filed complaint against 7 major movie producers, 2 distributors and 2 assns. seeking injunction, $7,500,000. damages. Issue: whether Defs. violated Sherman Anti-Trust Act, secs. 1 and 2, by conspiring to blacklist persons accused of past or present membership in Communist Party or other "subversive" organizations, including persons claiming First or Fifth Amendments in refusing to answer questions before Congressional investigating comms., and by concerted refusal to deal in or distribute movies utilizing Pls'. services (except on black market basis involving concealment of Pls'. identity). Appendix includes names of 81 writers and actors allegedly blacklisted. Application for preliminary injunction pending.

Dickstein and Shapiro, Esqs., 1411 K St. NW, Washington, D.C.; Margolis and McTernan, Esqs., 3175 W. 6th St., and A. L. Wirin, Esq., 257 S. Spring St., of Los Angeles.

And see Gottlieb, 344.5, V DOCKET 33-4; Wilson, 344.3.

40. Contempt
41. Federal Courts
42. State courts

42.4. Georgia v. Atlanta Newspapers, Inc. (Ga. Sup. Ct.) For facts, see VI DOCKET 3. Cite: 116 S.E. 2d 580.
42.5. Mississippi v. Evers. (Forrest Co. Cir. Ct.) Def.-NAACP representative charged with contempt of court on basis of AP story quoting Def. as saying sentence of Kennard to 7 yrs. hard labor for theft of 5 bags of feed was "mockery" of justice"; convicted; 30 days and $100. Appeal pending.

Jack H. Young, Esq., Jackson, Miss., Robert L. Carter, Esq., N.A.A.C.P., 20 W. 40th St., NYC.

And see Kennard, 411.12.

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 note:

60 Col. L. Rev. 1173-79.

51.8. Storey v. Davis. (Cook Co. Super. Ct., #60 S 9228.)*
51.11. California v. Meisenbach. (San Francisco Muni. Ct.) For facts, see VI DOCKET 3. Trial date: postponed on Gov't. motion til Mar. 1961.

Record:

SLATE, The sounds of protest: excerpts from HUAC hearings in San Francisco May 1960. SLATE, U. of Calif., Berkeley, LP $2.00.

See cases at 271.

51.14. Illinois v. Lewis. (Ill. App. Ct., 1st Dist., #48079.) For facts, see VI DOCKET 3. Conviction affirmed.
51.15. Chicago v. Wright, Jr. (Chicago Muni. Ct., #60 M 161457.) For facts, see VI DOCKET 3. Jan. 17, 1961: Ct. entered directed verdict of not guilty.
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51.16. New York v. Cartagena and Bonet. (NYC Magis. Ct.)*
51.17. Louisiana v. Rev. A. Jones. (Caddo Co. Ct.) For facts, see VI DOCKET 3. Jan. 3, 1961: Def. returned to Shreveport to appeal vagrancy and disturbing the peace convictions; arrested for disturbing the peace. A.C.L.U. filed complaint with U.S. Dept. of Justice Civil Rights Div. concerning Jan. 3 arrest. Jan. 25, 1961: Def. acquitted of all charges on both occasions.
51.18. Chicago v. Eliezer. (Chi. Ct.-Crim.) 1959: Def. distributed handbills critical of Temple during Holy Days; conviction of disorderly conduct set aside after stipulation by counsel and Temple. Fall 1960: Def. arrested under similar circumstances; Ct. referred Def. to Psychiatric Institute; emergency commitment writ granted. Issue: violation of Ill. Mental Health Code: Def. admittedly not dangerous to himself or others. Commitment proceedings dropped.

Joel Sprayregen, Esq., for Ill. Div., ACLU, 19 S. LaSalle, Chicago.

52. Obscenity (see also 12, 14)

52.20. U.S. v. Frew. (ED Mich., #37517.)*
52.21. U.S. v. Steiner. (ED Mich., #37580.)*
52.22. Massachusetts v. Spiegel. (Cambridge Dist. Ct.)*

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

52.23. Re Franklyn C. Olson. (Thompson, Mich. School Bd.) Def.-teacher arrested, charge: furnishing obscene literature to pupils, i.e., giving Camus' "The Stranger" to pupils needing help in reading. While jailed, state police searched Def's. classroom and cottage, without warrant, confiscated many books. Justice of Peace convicted Def.; 90 days and $100. Aug. 28, 1960: Schoolcraft Co. Cir. Ct. reversed, held Justice without jurisdiction, book not obscene. School Bd. summarily dismissed Olson, without hearing or opportunity for appeal.
52.25. Mapp v. Ohio. (U.S.S.C., #236.)*

Case note:

10 DePaul L. Rev. 156-61.

52.28. Gregory v. Ball, Dist. Atty.; N.Y. State Atty. Genl. Lefkowitz. (Erie Co. Sup. Ct.)*
52.29. Police Commr. of Baltimore v. Siegel Enterprises, Inc. (U.S.S.C., #450.) For facts, see VI DOCKET 4. Dec. 4, 1960: U.S.S.C. denied cert.

William Greenfeld and Albert 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.)*

And see Spofford and Dorius, 303.27, 303.28.

52.31. Bantam Books, Inc. v. Sullivan, R.I. Commission to Encourage Morality in Youth. (Super. Ct., Providence, #M.P. 5139.)*
52.32. Washington ex rel. Lally v. Gump, Justice of Peace. (Wash. Sup. Ct., #35498.) For facts, see VI DOCKET 4. Oct. 27, 1960: Wash. Sup. Ct. affirmed. Cite: 157 Wash. 116 (adv.)

Graves, Kizer and Gaiser, Esqs., 1224 Old Natl. Bank Bldg., Spokane.

52.33. California v. Aday. (Alameda Co. Super. Ct., #31900.)* (Calif. Sup. Ct.) For facts, see VI DOCKET 4. Feb. 1, 1961: Defs. moved in Calif. Sup. Ct. for return of 14 tons of paperbacks, contracts with authors, tax returns, etc., seized when Defs. arrested. Issue: scope and vagueness of search warrant. Pending.

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

52.34. New York v. Mishkin. (NY Sup. Ct., Spec. Sess., Yonkers.) Def.-book dealer charged with publishing and possessing obscene books. Nov. 16, 1960: convicted on 172 counts; Dec. 14, 1960: 3 yrs., $12,500.

Michael Kern, Esq., 37 Wall St., NYC.

52.35. New York v. Manhattan News Co. (NYC Sup. Ct., Manhattan.) Dec. 6, 1960: Pl. obtained temporary show cause order restraining 6 distributors, 10 publishers, 124 distributing agents from selling 50 allegedly obscene magazines. Pending.

Law review article:

Norman Erbe and Arlo Craig, Freedom from obscenity, 10 Cleveland-Marshall L. Rev. 123-35.

Comments:

Obscenity statute: proof of scienter, 38 N.C. L. Rev. 634-38.

The law of obscenity in Virginia, 17 W. & Lee L. Rev. 322-28.

53. Defamation

53.1. Alabama v. Salisbury. (Bessemer Cir. Ct.) For facts, see VI DOCKET 4. Def. has not been apprehended.

And see 61.11, 61.12.

54. Sedition (see also 241-4)

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

55.3. Streamwood Builders, Inc. v. Brolin. (Cook Co. Cir. Ct., #59 C 13773.) (Ill. App. Ct., 1st Dist., #47592.)*
55.4. Fair Share Organization v. Kroger Co., Local 1460-Retail Clerks Intl. Assn.-AFL-CIO. (Ind. App. Ct., Indianapolis.)*
55.7. Tennessee v. Defs. (Madison Co. Ct.) For facts, see VI DOCKET 5. 44 Defs. tried; 5 dismissed as under age; 39 convicted: 8 Defs. fined $50. each; 31 fined $5. each. 106 cases pending.
56. "Corrupt Practices"
57. Vagrancy

57.2. Arizona v. Papcun. (Super. Ct.)*
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58. Miscellaneous

58.2. Peck v. New York. (U.S.S.C., #437.) For facts, see VI DOCKET 5. Jan. 16, 1961: U.S.S.C. dismissed appeal. (Douglas, J. voted to hear argument.)
58.13. New York v. Rosen. (Nassau Dist. Ct., Mineola.) Jan. 22, 1961: 4 student Defs. arrested while painting "Sanity? Reality? Morality?" on Civil Defense model fallout shelter, on complaint of CD unit. Jan. 26, 1961: CD withdrew complaint charging malicious mischief; Defs. released.

And see cases at 120.

60. Civil Sanctions
61. Defamation
Law review article:

Joel F. Handler and William A. Klein, Defense of privilege in defamation suits against government executive officials, 74 Harv. L. Rev. 44-79.

See 20 Md. L. Rev. 368-73.


61.4. Steinberg v. O'Connor. (DC Conn.)*
61.9. Commr. Sullivan v. The New York Times. (Montgomery Cir. Ct.) For facts, see VI DOCKET 5-6. Motion of Def.-newspaper for new trial pending. Feb. 1961: Pl. obtained garnishment orders against Montgomery Improvement Assn. and Tuskegee Svgs. & Loan to attach funds of 4 Negro minister Defs. who did not move for new trial.
61.9a. Commr. James v. The New York Times. (Montgomery Cir. Ct.) For facts, see VI DOCKET 6. Jan. 31, 1961: during trial, Negroes sat in courtroom on unsegregated basis. Feb. 1: Trial Judge issued order for segregated seating, overruled Negro-Defs'. motion for mistrial under Fourteenth Amdt. Feb. 2: all-white jury awarded Pl. $500,000. libel judgment.
61.9b. Commr. Parks v. The New York Times. (Montgomery Cir. Ct.) For facts, see VI DOCKET 6. Trial date: April 1961.
61.10. Gov. Patterson v. The New Yok Times. (Montgomery Co. Ct.) For facts, see VI DOCKET 6. Trial date: Oct. 1961.
61.11. Mayor Morgan v. The New York Times. (CA 5.)*
61.12. Bessemer City Commrs. v. The New York Times. (ND Ala., ##9659, 9660, 9661.)*

And see Salisbury, 53.1.

62. Injunctions in labor disputes
63. Other injunctions
64. Miscellaneous

64.2. Re Newtown High School Senior. (NYC Asst. Supt. Hopkins.) Dec. 10, 1960: Senior girl passed out protest leaflets during Pearl Harbor Day school air-raid drill despite teacher's order to stop. Suspended from school pending hearing.

And see cases at 120.

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. Allen, NY State Comm'r. of Education. (N.Y. Sup. Ct., App. Div., 3d Jud. Dept., #2729.) For facts, see VI DOCKET 6. Dec. 2, 1960: App. Div. unanimously affirmed, noting that giving of pledge of allegiance was voluntary, as was recitation of words "under God".
110.2. Spalding v. Wooley, et al. (Marion Co. Ct., Ky.)*
110.6. Schempp v. School Dist. of Abington Township. (ED Pa.) (364 U.S. 298.)*
110.8. Engle v. Vitale. (N.Y. Ct. of App.) For facts, see VI DOCKET 6. Appeal pending.
110.9. Snyder v. Town of Newtown. (U.S.S.C.)*
110.10. Chamberlin v. Miami Bd. of Public Instruction. (Dade Co. Cir. Ct., #59 C 4928.) For facts, see VI DOCKET 7. Final argument: Apr. 4, 1961.
110.10a. Resnick v. Dade Co. Bd. of Public Instruction. (Dade Co. Cir. Ct.)*
110.14. Swart v. Burlington Town School Dist. (Vt. Sup. Ct., #350.) For facts, see VI DOCKET 7. Jan. 3, 1961: Vt. Sup. Ct. unanimously affirmed unconstitutionality of Def.-Dist., which maintains no public high schools, paying tuition to parochial high schools to teach Dist. children.
110.17. Dickman v. School Dist. #62-c, Oregon City. (Ore. Sup. Ct.)*
110.20. Brown v. Orange Co. Bd. of Pub. Inst. (Dist. Ct. of App. 2d Dist., Fla.) Pl.-parent-taxpayers sued to enjoin Defs. from continuing annual distribution of Gideon Bibles in Jr. Highs. Trial Ct.: granted motion to dismiss. Dec. 23, 1960: Ct. of App. reversed, held distribution "approximates annual promotion and endorsement of religious sects" following certain teachings; remanded.
110.21. Cucuz v. Lazarevich. (N.Y. Magis. Ct., Manhattan.) Pl. employee of Yugoslav UN delegation sued Def. for allegedly knocking him down during Sept. 18, 1960 picketing demonstration. Nov. 23, 1960: on cross-examination, Pl. admitted he did not believe in God. Def. moved for mistrial because Pl's. testimony invalid, since given after taking oath "so help me God". Ct. declared mistrial.
110.22. Murray v. Baltimore School Bd. (Balt. Co. Ct.) Pl.-parents suing to enjoin continued practice of Bible reading in public schools. Pending.

Fred E. Weisgal, Esq., for Md. C.L.U., 817 Fidelity Bldg., Baltimore.

Attorney General's Opinion:

Apr. 20, 1960: Ga. Atty. Genl. Cook ruled prison labor may not be used to maintain or improve church property, citing 1956 Ga. Laws, I, pp. 161, 177; Ga. Const., Art. I, Sec. 1, Para. XIV-Bill of Rights.

State Education Dept. Ruling:

June 14, 1960: N.Y. Counsel, State Dept. of Educ. ruled recitation of Lord's Prayer at opening of school assemblies improper, since prayer is essentially sectarian.

Case note:

Parents' right to educate child: State v. Super. Ct., (346 P. 2d 999, Wash. 1959), 13 Okla. L. Rev. 432-34.

Book:

Theodore Powell, The School Bus Law. Wesleyan U. Press, 324 pp. $5.00.

Law review articles:

Robert B. Dunsmore, Clergymen's interference with private rights, 10 Cleve.-Marshall L. Rev. 52-8.

Robert G. Weclew, Church and state: How much separation? 10 DePaul L. Rev. 1-26.

William O'Brien, Religion and the state governments, 38 U. of Det. L. J. 34-44.

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120. Pacifists and Conscientious Objectors
Pamphlet:

Central Comm. for Conscientious Objectors, The Conscientious Objector and the ROTC. 2006 Walnut St., Philadelphia.


120.14. U.S. v. Rev. Muste. (U.S. Tax Ct., N.Y.)*
120.17. U.S. v. Glover. (CA 8.)*
120.18. U.S. v. Johnson, Taylor, Gallegos. (CA 9, ##16679, 16276, 16725.)*

And see Brooks, 265.26.

Bulletin:

Polaris Action Bulletin. (13 N. Bank St., New London, Conn.)

120.20. U.S. v. Richman. (DC Conn., Cr. #10,316.) For facts, see VI DOCKET 8. Def. Gins dismissed Dec. 21, 1960 by action of U.S. Atty. Feb. 1, 1961: count that Defs. entered restricted area and sought to interfere with launching of nuclear submarine dismissed for failure to allege scienter; 1 Def. pleaded guilty to remaining count; to be sentenced. 1 Def. pleaded not guilty; awaiting trial.

Catherine G. Roraback, Esq., 185 Church St., and Prof. Louis H. Pollak, Esq., 172 Wall St., both of New Haven.

120.21. U.S. v. Defendants. (ED S.C.)*
120.22. Re John L. Martinson. (Calif. State Bd. of Educ.) Pet. given C. O. status, assigned to civilian service, later rejected this on theory draft law unconstitutional as favoring religious over non-religious ground for objection to war. Pet. reclassified 1A, refused to take oath at induction; convicted of evasion; released after serving 12 mths. Calif. Credentials Comm. denied Pet. Adult Education Teaching Credential. Jan. 1961: State Bd. of Educ. reversed, held conviction not for offense involving moral turpitude; granted credential.

Albert M. Bendich and Marshall W. Krause, Esqs., ACLU of N. Calif., 503 Market St., San Francisco.

And see Clark and Barnhart, 120.8, 120.9, IV DOCKET 42.

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.)*
140.15. Two Guys from Harrison and Channel Lumber Co. v. Furman, N.J. Atty. Genl. (N.J. Super. Ct.) (160 A. 2d 265.) For facts, see VI DOCKET 8.

Case note:

6 N.Y. L. F. 470-78.

140.16. Morein v. Furman, N.J. Atty. Genl. (DC N.J.)*
140.19. Two Guys from Harrison-Allentown, Inc. v. McGinley. (U.S.S.C., #36.)*
140.20. McGowan v. Maryland. (U.S.S.C., #8.)*
140.24. Kentucky v. Family Fair, Inc. (Jefferson Cir. Ct., Crim. Branch, 1st Div.) For facts, see VI DOCKET 8. Jan. 17, 1961: Ct. dismissed warrants, held Ky. statute unconstitutional, arbitrary, discriminatory, impractical and outmoded.
140.25. Caroline Amusement Co. v. Martin. (U.S.S.C., #424.)*

See Temmelman, 571.42.

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

William J. Hotes and Catherine H. Hotes, Freedom of association, 10 Cleve.-Marshall L. Rev. 104-22.

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

202.1. Communist Party v. Moysey. (U.S. Tax Ct.)*
203. N.L.R.B. Certification (see also 291)

203.3. R. Dennis v. U.S. (CA 10; DC Colo.)*

Booklet:

Sidney Lens, The Mine-Mill Conspiracy Case. (M.M.S.W. Union, 941 E. 17th Ave., Denver.)

And see West, 291.20.

204. Continued existence (see also 213, 223)
See Highlander Folk School, 244.6.
204.1. Alabama ex rel. Patterson v. N.A.A.C.P. (Ala. Cir. Ct., Montgomery.)*
204.3. Revenue Commr. of Ga. v. N.A.A.C.P. (Fulton Super. Ct., Atlanta Jud. Cir., #A-58654.)*
- 57 -

204.4. N.A.A.C.P. Legal Defense and Educ. Fund, Inc. v. Harrison. (ED Va., #2436.) For facts, see VI DOCKET 9-10. Jan. 7, 1961: DC granted Pl's. motion for voluntary dismissal of cause of action re "maintenance" (see 204.4a, VI DOCKET 10), continuance re "running and capping" statute pending termination of 204.4b.
204.4b. N.A.A.C.P. Legal Defense Fund v. Harrison. (Richmond Cir. Ct., #B-2879.)*
204.4c. Virginia ex rel. Virginia State Bar v. N.A.A.C.P. (Richmond Chancery Ct., #503.)*

And see Tuckers, 373.9, 373.10.

204.6. Arkansas v. N.A.A.C.P. (Cir. Ct., Pulaski Co.)*
204.7. Arkansas ex rel. Atty. Genl. v. N.A.A.C.P. (Cir. Ct. Pulaski Co.)*
204.8. Arkansas ex rel. Bennett v. N.A.A.C.P. Legal Defense & Educational Fund. (Cir. Ct., Pulaski Co., #44,679.)*
204.9. Arkansas ex rel. Bennett v. N.A.A.C.P. Legal Defense & Educational Fund. (Cir. Ct., Pulaski Co., #45,183.)*
204.16. La. ex rel. Gremillion, Atty. Genl. v. N.A.A.C.P.

and

240.17. New Orleans Branch, N.A.A.C.P. v. Martin, Secy. of State. (U.S.S.C., #294.)*
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.)*
211.2. Jefferson School v. S.A.C.B. (CA DC.)*
211.3. Labor Youth League v. S.A.C.B. (CA DC.)*
211.4. Nat'l. Council of American-Soviet Friendship v. S.A.C.B. (CA DC.)*
211.5. Rogers v. Civil Rights Congress. (S.A.C.B., #106-53.)*
211.6. Rogers v. Washington Pension Union. (S.A.C.B., #114-55.)*
211.7. Haufrecht v. S.A.C.B. (re American Peace Crusade) (S.A.C.B., #117-56.)*
211.8. California Labor School in San Francisco v. S.A.C.B. (CA DC.)*
211.9. Am. Comm. for Protection of Foreign Born v. S.A.C.B. (CA DC, #15,960.)*
211.10. Rogers v. California Emergency Defense Committee. (S.A.C.B.)*
211.12. Blau v. S.A.C.B. (re Colo. Comm. to Protect Civil Liberties.)*
212. 1954 Communist Control Act

212.1. Rogers v. Intl. Union of Mine, Mill & Smelter Workers. (S.A.C.B.)*
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.)*
221.6. Rogers v. Natl. Council of Arts, Sciences and Professions. (Dept. of Justice.)*
222. By Congressional Committees
And see cases at 271.
222.1. Wheeldin v. Wheeler. (CA 9.) For facts, see VI DOCKET 12. DC granted Def.-Wheeler's motion to dismiss. Appeal Pending.
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.)*
241.14. Winston v. U.S. *

And see Winston, 411.11.

242. Smith Act: mere membership

242.1. U.S. v. Lightfoot. (ND Ill. E.D.)*
242.2. Scales v. U.S. (U.S.S.C., #1.)*
242.3. Blumberg v. U.S. (DC Pa.)*
242.4. Noto v. U.S. (U.S.S.C., #9.)*
242.5. U.S. v. Weiss. (ND Ill. E.D.)*
242.7. U.S. v. Russo. (DC Mass.)*
242.8. Hellman v. U.S. (CA 9.)*
242.9. U.S. v. Foster. (SD NY.) (278 F. 2d 567, 364 U.S. 834.) For facts, see VI DOCKET 13. U.S.S.C., denying cert., noted purpose of Solicitor Genl. promptly to determine Pet's. capacity to stand trial. DC appointed Dr. to examine Pet.; found he will never be able to stand trial. Dec. 1, 1960: DC issued order permitting Pet. to travel to Soviet Union; passport granted.
243. 18 U.S.C. 2384
244. State laws

244.6. Tennessee ex rel. Sloan v. Highlander Folk School. (Tenn. Sup. Ct.)*
250. Civil Disabilities: Federal
- 58 -

251. Federal employment (and see 268)
See cases at 30.5, 30.6.
251.15. Dew v. Quesada. (DC DC, #4079-60.) Pl.-World War II veteran discharged from position as airways specialist with Fedl. Aviation Agency because, 6 yrs. prior to employment and 10 yrs. prior to discharge, while college student of 19, Pl. had engaged in homosexual acts, none of which led to conviction. Evidence in admr. hearings showed Pl. not homosexual; discharged solely on ground: if agency had known of these acts prior to employment, he would not have been hired. Issues: 1) whether discharged for such cause as would promote efficiency of service; 2) whether, after probationary period, Pl. could be discharged for conduct prior to employment. Suit for reinstatement pending.

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

252. Deprivation of passport rights, right to travel

252.9. Re Rev. McKenna. (Dept. of State, Passport Appeals Bd.)*
252.30. Jerome v. Herter. (CA DC.)*
252.31. Porter v. Herter. (U.S.S.C., #298.) For facts, see VI DOCKET 13. Cite: 364 U.S. 837.
252.52. U.S. v. Reynolds. (CA 9.) For facts, see VI DOCKET 13. Dec. 29, 1960: CA 9 again reversed, held Congress had not authorized AEC regulation Def. allegedly violated; sailing ship into AEC testing area only a trespass.
253. Unfavorable Army discharges

253.9. Olenick v. Brucker. (Army Sec. Bd.) For facts, see VI DOCKET 13. Army Security Bd. recommended undesirable discharge. Administrative appeal pending.
253.51. Dr. Belsky v. U.S. (U.S. Ct. of Claims.)*
254. Deprivation of veterans disability payments

254.2. Thompson v. Whittier, Admr. Veterans Affairs. (U.S.S.C.)*
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.) For facts, see VI DOCKET 14. Cite: 364 U.S. 892.
257.5. Cronan v. Federal Communications Commission. (CA DC.)*
258. Deportation proceedings (see also 358)

258.7. Wolf v. Rogers. (CA 9.) For facts, see VI DOCKET 14. Feb. 1, 1961: CA 9 reversed, found substantial constitutional question, remanded to DC for 3-judge hearing on constitutionality of 1950 Imm. Law sec. permitting deportation to country other than country of birth.
258.9. Gastelum-Quinones v. Rogers. (CA DC, #15,429.) Imm. Serv. ordered alien deported after hearing in which record showed past membership in Communist Party, without more. Alien refused to testify, relying on self-incrimination privilege. Issue: whether Deportee or Gov't. has proof on Rowoldt issue of "nominal membership". DC dismissed suit to set aside deportation order. Dec. 8, 1960: CA DC affirmed. Petition for certiorari pending.

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

258.10. Re Johnston. (Imm. Serv.) May 1960: Alien student and wife picketed HUAC hearings in San Francisco. Aug. 1960: Serv. denied request for extension of student visa until Jy. 1961 to allow completion of PhD, no grounds given. Nov. 22, 1960: Imm. Serv. reversed decision, granted extension until Aug. 31, 1961.

Amicus appearances by SLATE of U. of Cal.; ACLU of N. Calif., 503 Market St., San Francisco.

259. Denaturalization and Naturalization proceedings (see also 358)

259.4. U.S. v. Polites. (U.S.S.C., #25.) For facts, see VI DOCKET 14. Cite: 364 U.S. 426 affirming 272 F. 2nd 709
259.5. Chaunt v. U.S. (U.S.S.C., #22.) For facts, see VI DOCKET 14. Cite: 364 U.S. 526.
260. Civil Disabilities: State, Local and Private
261. State or local governmental employment (see also 343)

261.1. Wilkins v. Carlander. (Super. Ct., Kings Co., #490844.)*
261.3. Hehir v. NYC Transit Authority. (N.Y. Sup. Ct., Kings Co., App. Div.)*
261.7. Crowe v. County of Wayne, Mich. (Mich. Sup. Ct.)*
261.9. Wolstenholme v. Oakland Library Bd. (U.S.S.C.) For facts, see VI DOCKET 15.

Case note:

34 S. Cal. L. Rev. 101-04.

261.15. Re Joel Dvorman. (Anaheim, Calif. School Bd.)*
262. Teaching (see also 267, 280 and 342)

262.2. Bd. of Trustees, Lasson Union High School v. Owens. (Calif. Dist. Ct. of App., 3d App. Dist.)*
263. Denial of State unemployment insurance rights (see also 346)

263.2. Communist Party v. Lubin. (U.S.S.C., #495.) (8 N.Y. 2d 1001, 169 N.E. 2d 428, 205 N.Y.S. 2d 335)*

Case note:

60 Col. L. Rev. 1198-1202.

264. Denial of State licenses

264.1. Torcaso v. Watkins. (U.S.S.C., #373.)*

Case note:

49 Georgetown L. J. 358-62.

- 59 -

264.3. Sabel v. N.Y. Motor Vehicle Commr. Hults. (N.Y. Sup. Ct., App. Div., 1st Dept.)*
265. Proceedings against attorneys and Bar applicants (see also 345, 373)

265.4. In re Schlesinger. (Pa. Sup. Ct.)*
265.5. In re Steinberg. (Allegheny Co. Common Pleas Ct., Pa.)*
265.21. Konigsberg v. State Bar of California. (U.S.S.C., #28.) 344 P. 2d 777.)*
265.23. In re Anastaplo. (U.S.S.C., #58.) For facts, see VI DOCKET 16.*

Amicus brief by Profs. Harry Kalven, Jr. and Roscoe T. Steffin, U. of Chicago Law School, for Ill. Div., A.C.L.U.

265.25. Marshall v. State Bar of California. (Calif. Sup. Ct.)*
265.26. In re Application of Brooks. (U.S.S.C.)*
266. Deprivation of right to tax exemption
267. Private employment — teaching (see also 262, 280 and 342)
268. Private employment — defense establishments (see also 344)

268.1a. Graham v. Richmond. (U.S. Coast Guard App. Bd.) For facts, see VI DOCKET 17. Commandant held against App. Appeal pending.
268.1b. Homer v. Richmond. (CA DC.) For facts, see VI DOCKET 17. Appeal argued; decision awaited.
268.5c. Dressler v. U.S. (U.S. Ct. of Claims, #59-60.)*
268.7. Kreznar v. Wilson. (DC DC.)*
268.11. Lundquist v. Marine Engineers Beneficial Assn., Local 97. (Calif. Dist. Ct. of App., 1st Div.)*
268.14. Cafeteria and Rest. Workers Union, Local 743 and Brawner v. McElroy. (U.S.S.C., #97.)*
269. Private employment — Other

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

SLATE, The sound of protest; excerpts from HUAC hearings in San Francisco, May 1960. SLATE, U. of Calif., Berkeley. LP $2.00.


271.9. Russell v. U.S. (U.S.S.C.)*
271.10. Deutch v. U.S. (U.S.S.C.)*
271.12. Gojack v. U.S. (U.S.S.C.)*
271.13. U.S. v. Metcalf. (SD Ohio.)*
271.15. Shelton v. U.S. (U.S.S.C.)*
271.16. Whitman v. U.S. (U.S.S.C.)*
271.19. Price v. U.S. (U.S.S.C.)*
271.20. Liveright v. U.S. (U.S.S.C.)*
271.23. U.S. v. Sullivan. (SD NY, #152-238.)*
271.24. U.S. v. Yarus. (SD NY, #15586.)*
271.25. U.S. v. Seeger. (SD NY.)*
271.27. Hartman v. U.S. (CA 9.)*
271.28. Grumman v. U.S. (CA DC.)*
271.29. Silber v. U.S. (CA DC.)*
271.30. U.S. v. Feuer. (ED La., #26,322.)*
271.31. Wilkinson v. U.S. (U.S.S.C., #37.)*
271.32. Braden v. U.S. (U.S.S.C., #54.)*
271.33. Yellin v. U.S. (CA 7.) For facts, see VI DOCKET 19. Argued Jan. 13, 1961; decision awaited.
271.34. U.S. v. Lehrer. (ND Ind.)*
271.35. U.S. v. Malis. (ND Ind.)*
271.36. U.S. v. Samter. (ND Ind.)*
271.37. Turoff v. U.S. (CA 2.) For facts, see VI DOCKET 19. Argued Jan. 6, 1961; decision awaited.
271.40. U.S. v. O'Connor. (ND N.J.)*
271.42. U.S. v. Popper. (DC DC.)*
271.43. Wheeldin v. U.S. (U.S.S.C.) (283 F. 2nd 535.)*
271.44. U.S. v. Alexander. (DC.)*
271.45. Hutcheson v. U.S. (CA DC, #15,906.)*
271.47. U.S. v. Tobin. (DC DC.) For facts, see VI DOCKET 19. Jan. 1961: trial in DC; decision awaited.
271.a. Pauling v. Eastland. (U.S.S.C., #419.) For facts, see VI DOCKET 19. Cite: 364 U.S. 900.

And see cases at 222, and Meisenbach, 51.11.

272. State committees

272.2. New Hampshire v. Uphaus. (N.H. Super. Ct.) For facts, see VI DOCKET 20. Dec. 8, 1960: Atty. Genl. moved Ct. to cancel scheduled release of Def. after serving 1 yr. for contempt; Ct. denied motion. Def. released.
272.3. DeGregory v. Wyman, Atty. Genl. of N.H. (N.H. Sup. Ct.) For facts, see VI DOCKET 20. Issue: constitutionality of RSA 588 8:A (1957). Pending.

James C. Cleveland, Esq., 4 Park St., Concord, N.H.; Howard Whiteside, Esq., 30 State St., Boston.

272.4. N.A.A.C.P. v. Ames. (ED Va.)*
- 60 -

272.10. Rev. Gibson v. Florida Legislative Investigating Comm. (Fla. Sup. Ct.) For facts, see VI DOCKET 20. Dec. 19, 1960: Fla. Sup. Ct. unanimously affirmed conviction, citing earlier decision re same Def., (IV DOCKET 98, 108 So. 2d 729.) and Uphaus, 272.2. Ct. distinguished Bates, 204.10, and N.A.A.C.P. v. Ala., IV DOCKET 5, because Def. here only required to give Comm. names of N.A.A.C.P. members alleged to be Communist Party members, not required to furnish entire list. Statute establishing Comm. held constitutional. Jan. 17, 1961: 60-day stay granted.
272.11. Rev. Graham v. Florida Legislative Investigating Comm. (Fla. Sup. Ct.) For facts, see VI DOCKET 20. Dec. 19, 1960: Fla. S. Ct. unanimously reversed conviction, citing Watkins, 271.14, Bates, 204.10, N.A.A.C.P. v. Ala., 204.1. Ct. distinguished Gibson because here Def. only asked whether he was member of N.A.A.C.P.; Comm. proved no compelling need for this information; Def. proved possible reprisals against N.A.A.C.P. members in community, while Ct. found objectives of N.A.A.C.P. "legitimate".

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

273. Legal and administrative tribunals
274. Refusal to produce records

274.3. U.S. v. McPhaul. (U.S.S.C.) For facts, see VI DOCKET 20. Cite: 364 U.S. 372.
280. Civil Penalties for Non-disclosure (see also 342)
Law review article:

David Fellman, Academic freedom in American law, 1961 Wis. L. Rev. 3-46.


280.1. Savelle and Nostrand v. U. of Washington. (Washington S. Ct.)*

And see cases at 221.

280.5b. Re Nash. (N.Y.C. Bd. of Educ.)*
280.5c. Adler v. N.Y.C. Bd. of Educ. (N.Y. Sup. Ct.) For facts, see Nash, 280.5b, VI DOCKET 21. Jan. 13, 1961: Pl.-teachers, suspended from teaching positions from 1955 until Jan. 1960, sued Def.-Bd. for $41,616. and $25,000. back pay. Pending.
280.8. Allen v. Office Employees' Intl. Union. (King Co. Super Ct.)*
280.11. Wirin v. Ostly. (Los Angeles Dist. Ct. of App.) For facts, see VI DOCKET 21. Appeal argued Feb. 9, 1961.

Amicus brief filed for American Jewish Congress by Rudolph Pacht, Esq., Los Angeles; Albert Bendich, Esq., 2920 Fulton, Berkeley.

280.12. Collins v. Huntington Beach Union High School Dist. (Santa Ana Super. Ct., Calif., #86390.)*
280.13. Carr v. Young. (U.S.S.C., #83.) (331 S.W. 2d 701.) For facts, see VI DOCKET 21.

and

280.14. Shelton v. Tucker. (U.S.S.C., #14.) For facts, see VI DOCKET 21. Dec. 12, 1960: U.S.S.C. reversed (5-4), Stewart, J.: Comprehensive interference of Ark. Teacher Affidavit Law with associational freedom goes far beyond what might be justified in the exercise of state's legitimate inquiry into fitness and competency of teachers; under this statute a teacher might be under pressure "to avoid any ties which might displease those who control his professional destiny". Harland, Frankfurter, J. diss., with Clark, Whittaker, JJ.
280.15. Cramp v. Bd. of Public Instruction, Orange Co., Fla. *
280.16. Re William and Rita Mack. (Credentials Comm., Calif. Bd. of Educ.) Pets. joined, then resigned from Communist Party. Pets. later took Levering Act oath of non-membership in group advocating violent overthrow of gov't. during 5 preceding yrs., obtained teaching credentials. 1959: Pets. subpoenaed by HUAC; described to press former Party membership; never called by HUAC. 1960: hearing on renewal of credentials. Issue: whether Pets. perjured themselves in taking oath and thereby committed unprofessional conduct. Pending.

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

N.Y.C. Bd. of Educ. Opinion:

Jan. 6, 1961: N.Y.C. Bd. of Educ. abolished written loyalty oath for graduating high school seniors, substituting voluntary oral pledge to "support and uphold" city, state, fedl. constitutions.

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.) For facts, see VI DOCKET 22. Jan. 16, 1961: U.S.S.C. reversed (6-3), Douglas, J.: Congress, by explicitly designating where Taft-Hartley oath must be filed, i.e., in Dist. of Columbia, has so carefully indicated locus of crime that prosecution for failure to file lies only at that place. (Other two cases rendered moot). Harlan, Frankfurter, Clark, JJ., diss.

And see West, 291.20.

291.6. U.S. v. Killian. (U.S.S.C., #141.)*
291.7. U.S. v. Fred and Marie Haug. (ND Ohio ED.)*

And see West, 291.20.

291.20. U.S. v. West, Haug. (U.S.S.C., #93, Misc. ##73, 74.)*

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.)*
293. Miscellaneous
295. Right of Privacy

295.1. Nedrow v. S. Calif. Music Co. (Calif. Dept. of Emp. Div. of App., #60-2367.) Mar. 15, 1960: Def. ordered all employees to take polygraph tests as condition of continued employment. Pl. and others refused, were discharged or quit. Unemployment compensation benefits denied. Jy. 11, 1960: Div. of App. Referee reversed. Appeal argued Nov. 22, 1960; pending.

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

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295.2. Fedl. Trade Comm. v. Dilger. (U.S.S.C., #375.) (276 F. 2nd 739.) Pl. sought U.S. Census data to estimate share of market held by Beatrice Foods Co. Census refused to release data because of pledge made to companies giving data that all would be given confidential treatment. CA 7 denied Pl. subpoena. Nov. 7, 1960: U.S.S.C. denied certiorari.

Case note:

Privacy invaded by wrongful presentation of privileged news: Aquino v. Bulletin Co. (154 A. 2nd 422, Pa.), 17 W. & Lee L. Rev. 279-86.

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

Law review article:

Joseph M. Snee and Kenneth A. Pye, Due process in criminal procedure: comparison of two systems, 21 Ohio St. L. J. 467-502.

Book:

Fred E. Inbau and Claude R. Sowle, Cases and comments on criminal justice. Foundation Press, Brooklyn, 300 pp. $11.00.

Report:

George McMillan, Racial violence and law enforcement. Southern Regional Council 1960.

300. Searches and Seizures
Comment:

The enigma of Fourth Amendment protections, 10 DePaul L. Rev. 127-37.

301. Wiretapping

301.11. U.S. v. Silverman. (U.S.S.C., #66.)*

Case note:

6 How. L. J. 218-22.

301.12. Pugach v. Dollinger. (U.S.S.C., #111.) (180 F. Supp. 66, 275 F. 2d 503, 277 F. 2d 739, 280 F. 2d 521.) For facts, see VI DOCKET 23. Jan. 16, 1961: argued.

George J. Todaro, Esq., 135 Broadway, NYC.

Amicus brief for N.Y.C.L.U. by Emanuel Redfield, Esq., 60 Wall St., NYC.

Case notes:

8 U.C.L.A. L. Rev. 198-203;

35 St. John's L. Rev. 163-69;

48 Cal. L. Rev. 835-40;

25 Alb. L. Rev. 157-60.

301.15. Husband v. Wife. (Los Angeles Co. Super. Ct.) Pl. planted hidden microphone in Def's. bedroom to obtain evidence for divorce action. Dec. 19, 1960: Judge Fleming held this "electronic eavesdropping" a crime, evidence so gathered inadmissible, citing Cahan: "It would be a strange doctrine for the courts to hold that evidence obtained by electronic eavesdropping is too dangerous a weapon to be placed in the hands of a trained and disciplined police . . . but that the same weapon could be turned in full force against errant housewives and philandering husbands by private individuals answerable only to themselves".
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:

59 Mich. L. Rev. 310-12.

302.11. Wirin v. Hilden. (SD Calif.)*
302.12. Henry v. U.S. (U.S.S.C.) For facts, see V DOCKET 30. Cite: 361 U.S. 98.

Case note:

Incriminating evidence inadmissible where arrest made without probable cause: 6 N.Y. L. F. 536-42.

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

Case notes:

13 Ala. L. Rev. 186-96;

46 Iowa L. Rev. 469-75;

35 St. John's L. Rev. 139-44;

6 Vill. L. Rev. 93-7;

8 U.C.L.A. L. Rev. 234-39;

65 Dick L. Rev. 55-59.

Law review articles on "silver platter" doctrine:

James A. Eicher, 13 U. of Fla. L. Rev. 311-33; J. A. C. Grant, 8 U.C.L.A. L. Rev. 1-43.

302.15. U.S. v. Lester. (U.S.S.C.) (21 F.R.D. 376, 282 F. 2d 750.) In prosecution for conspiracy to violate 18 U.S.C. 2314, Def. moved before trial to suppress evidence seized on ground search warrant defective because affiant had no knowledge to support conclusion that material had been transported in interstate commerce with knowledge that it was stolen. DC denied application. CA 3 affirmed. Jan. 9, 1961: U.S.S.C. denied certiorari.

Osmond K. Fraenkel, Esq., 120 Broadway, NYC.

302.16. U.S. v. Moore. (SD Fla.) Mail cart stolen in Negro section; when police started to apprehend three Negroes near site of theft, the three fled. Def. continued walking with girl, had no connection with the three. City Police stopped and searched Def., found on him check stolen that morning, endorsed in name of payee. Arrested, held 24 hrs. in city jail, questioned by postal inspectors, made confession. Def. then taken before committing magistrate, indicted by fedl. grand jury. In trial, ct. denied Def's. motion to suppress check and confession on grounds of Mallory and Elkins; convicted. Appeal pending.

Tobias Simon and Stanley Wolfman, Esqs., for Fla. C.L.U., 706 Ainsley Bldg., Miami.

Case note:

Fourth Amendment does not bar use in fedl. prosecution of evidence obtained by state police during search: U.S. v. Evans. (179 F. Supp. 834), 6 How. L. J. 222-25.

- 62 -

303. Other State cases (and see 420)

303.5. Franklin v. Gough. (Los Angeles Superior Ct.)*
303.9a. Frank v. Maryland. (U.S.S.C.) For facts, see IV DOCKET 75. Cite: 359 U.S. 360.

Case note:

20 Md. L. Rev. 345-52.

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

Case note:

10 DePaul L. Rev. 166-72.

303.10. Swanson v. McGuire. (ND Ill., #57-C-1164.)*
303.14. Cedeno v. Lichenstein. (ND Ill., #58-C-1712.)*
303.17. Massey v. NYC Police Commr. (Queens Co. Ct.)*
303.19. Jackson v. City of New York. (NYC Comptroller.)*
303.20. Michaels v. Chappel. (U.S.S.C.) (279 F. 2nd 600.)*
303.22. New York v. Walker. (Mineola 1st Dist. Ct.)*
303.26. Monroe v. Pape and Chicago. (U.S.S.C., #39.)*
303.27. Massachusetts v. Spofford. (Mass. Sup. Jud. Ct.)*
303.28. Dorius v. Massachusetts. (Mass. Sup. Jud. Ct.)*

And see Marcus, 52.30.

303.29. Dahlgren v. Clary. (Ventura Co. Super. Co.) For facts, see VI DOCKET 24.*

Stephen Rinehart, Esq., 3540 Wilshire Blvd., Los Angeles.

303.30. Alaska v. Vallis. (Anchorage Super. Ct.) Police searched two rooms of Def's. house, arrested Def. for selling liquor without license, searched rest of house without search warrant, finding marijuana in locked basement room. Super. Ct. directed verdict of acquittal, held Alaska will follow majority of states in excluding evidence illegally seized through unreasonable search.
303.31. Delaware v. Wolf. (Dela. Sup. Ct.) (164 A. 2d 865.) Def. found unconscious at scene of auto accident in which his car involved, taken to hospital, Dr. took blood sample while Def. still unconscious. Def. later arrested for driving while intoxicated, trial ct. certified question to Dela. Sup. Ct., which held evidence of results of such test not admissible in criminal proceeding, suggested enactment of statute providing, as condition of obtaining driver's license, applicant's consent to submit to chemical analysis of body fluids for alcoholic content.
303.32. Washington v. Murphy. (Wash. Sup. Ct.) (355 P. 2nd 323.) One hr. before Def. took witness stand in own defense in murder trial, medical trustee gave Def. tranquilizer pills without Def. knowing their effect. Def. convicted. Wash. Sup. Ct. (4-3) ordered new trial, held jury might not have imposed death penalty but for Def's. casual, cool, lackadaisical attitude and appearance induced by tranquilizers.

Law review article:

Dale W. Broeder, Silence and perjury before police officers, 40 Neb. L. Rev. 63-103.

Comment:

Admissibility of illegally obtained evidence: Ore., 39 Ore. L. Rev. 368-80.

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

Robert G. Scigliano, Inquisitorial proceedings and separation of functions: Mich. one-man grand jury, 38 U. of Det. L. J. 82-9.

312. Character of evidence
(On Jencks point, 353 U.S. 357, and Jencks Acts, 18 USC 3500, see 315.)
312.19. New York v. Carabello and De Jesus. (Dutchess Co. Ct.) 1959: Defs. arrested for theft of 1 or 2 cigarettes, assault. At trial, policeman gave hearsay evidence to corroborate identification; convicted; 10-30 yrs. Defs. served 9 mths.; released in $10,000. bail each. June 1960: App. Div. reversed because of improper police testimony; remanded. Nov. 17, 1960: after jury trial, Defs. acquitted.

Manuel N. Zapata, Esq., 233 - 2nd Ave.; F. Luis Garcia, Esq., 150 E. 23rd St., both of NYC, volunteered their services on appeal.

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:

59 Mich. L. Rev. 306-09.

312.22. Coakley v. Dist. of Columbia. (CA DC, #15,858.) For facts, see VI DOCKET 25. Rehearing denied.
313. Entrapment
See Slagle, 335.5.
314. Conspiracy

- 63 -

314.4. Bonanno v. U.S. (CA 2.) For facts, see VI DOCKET 25. Nov. 28, 1960: CA 2 reversed with instructions to dismiss, for want of sufficient evidence to support convictions, count for conspiracy to obstruct justice and commit perjury by giving false and evasive testimony before fedl. grand juries re Apalachin meeting. Found nothing in record or common experience suggesting Defs. lied re meeting by agreement; each could have decided to lie by himself. Not sufficient evidence Defs. knew at time of alleged agreement they would be called to testify under oath concerning it.

Case note:

109 U. of Pa. L. Rev. 262-66.

Case note:

Husband and wife legally capable of conspiracy against U.S.: U.S. v. Dege, (80 S. Ct. 1589), 6 Villa. L. Rev. 97-100.

315. Right to inspect pre-trial statements of government witnesses
(Including Jencks point, 353 U.S. 357, and Jencks Act, 18 USC 3500.)

Case note:

Disclosure of grand jury minutes when used for preparing civil action: U.S. v. Proctor and Gamble, (174 F. Supp. 233), 59 Mich. L. Rev. 123-6.


315.1. Vermont v. LaVallee. (Vt. Sup. Ct.) (163 A. 2d 856.) Vt. Sup. Ct. held that: after state witness has testified on direct examination, Def. should move for production of witness' authenticated pre-trial statements. If trial ct. denies motion, Def. should move to have statement turned over to trial ct. for inspection and determination on relevancy. If dissatisfied with ct's. ruling, Def. then should present to Sup. Ct. issue of claimed abuse of discretion.
320. Double Jeopardy
321. Federal cases

321.9. Gori v. U.S. (U.S.S.C., #486.) At conclusion of trial, ct., on own motion, declared mistrial because of improper prosecution conduct. Issue: would retrial on same charge constitute double jeopardy? Dec. 12, 1960: U.S.S.C. granted certiorari on this issue.
321.10. Saldana v. U.S. (U.S.S.C., #176.) (274 F. 2d 352.) Def. brought to trial on five counts re narcotics offenses; counsel for Gov't. and Def. agreed to conviction on 3 counts in return for dismissal on 2 counts; Judge Clark said he would impose 5 yr. sentence, delayed sentencing so Def. could testify at trial of co-Def. Months later, Judge Hall brought Def. to trial on same offense; 20 yr. sentence. CA 9 affirmed. Dec. 1960: U.S.S.C. granted certiorari. Issues: double jeopardy; denial of speedy trial; refusal of trial by plea.
322. State cases
330. Self-incrimination: Criminal Sanctions (see also 270)
331. Congressional Committees

331.10. Presser v. U.S. (CA DC., #15,697.)*
332. State Committees
See DeGregory, 272.3.
333. Grand juries and tribunals

333.16. Nusbaum v. Newark Morning Ledger. (Sup. Court of N.J.) For facts, see VI DOCKET 26. Cite: 165 A. 2d 177.
333.18. Larasso v. N.Y. State Investigation Comm. (SD NY, 60 Civ. 4229.) For facts, see VI DOCKET 26.*

Aaron J. Jaffe, Esq., 350 Broadway, NYC.

334. Grants of immunity: federal

334.3. Reina v. U.S. (U.S.S.C., #29.) For facts, see VI DOCKET 26. Dec. 19, 1960: U.S.S.C. affirmed (7-2), Brennan, J.: Narcotic Control Act, granting immunity from prosecution to witness forced to give incriminating testimony, confers immunity from state as well as fedl. prosecutions; does not violate U.S. Constitution. Black, J. diss., with Warren, C.J.: contempt charge for refusal to answer after being granted immunity should be tried after indictment by trial jury, not summarily by ct.

Comment:

Another Feldman — another day: use in fedl. ct. of testimony compelled by state immunity statute, 29 G. Wash. L. Rev. 75-86.

335. Grants of immunity: state

335.5. Slagle v. Ohio. (U.S.S.C., #105.)*
335.9. Riela v. New York. (U.S.S.C., ##445, 460.) For facts, see VI DOCKET 26. U.S.S.C. denied cert., Warren, C.J., Black, Douglas, JJ., diss.
336. Criminal registration laws

336.6. Abbott v. Los Angeles. (Cal. Sup. Ct.) For facts, see V DOCKET 33. Cite: 349 P. 2d 974, 53 Cal. 2d 674.

Case note:

109 U. of Pa. L. Rev. 289-93.

337. Miscellaneous
Case note:

Photograph as self-incriminating evidence: Bates v. Ala. (117 So. 2d 258, 1959), 13 Ala. L. Rev. 171-75.

340. Self-incrimination: Civil Sanctions (see also 280)
341. Army discharges (see also 253)
342. Employment — Public teachers (see also 262, 267, 280)

342.3. Lowenstein v. Newark Bd. of Educ. (N.J. Sup. Ct.)*
- 64 -

342.4. San Francisco Bd. of Educ. v. Mass. (Calif. Div. of Admr. Procedure.) (304 P. 2d 1015.) 1953: Pl.-teacher dismissed for invoking Fifth Amendment re questions by House Un-American Activities Comm. Pl. had given Bd. affidavit several years before admitting 1947-49 Community Party membership. Dec. 1956: Sup. Ct. reversed judgment of discharge (4-3), held Dilworth Act, requiring teachers to answer questions of Fedl. committees and other legislative bodies, constitutional even in light of U.S.S.C. Slochower decision, but upheld Pl.-teacher's contention he was deprived of procedual due process required by Slochower in that trial ct. did not consider his reasons for refusing to answer questions under privilege. May 1957: Trial Ct. refused to order Def.-Bd. to reconsider its dismissal of Pl., but suggested Pl. request Bd. to do so. Bd. refused. 1960: Pl. moved for dismissal of case because Bd. did not move within 3 yrs.; pending in Super. Ct. June 28, 1960: Credentials Comm. denied Pl. credential for "unprofessional conduct and evident unfitness for service" for 1953 Fifth Amendment position. Nov. 2, 1960: H'g. Officer, Div. of Admr. Proc. recommended credential be granted. Pending before Calif. Bd. of Educ.

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

342.11. Bd. of Public Educ. v. Intille. (U.S.S.C., #448.) For facts, see VI DOCKET 26-7. U.S.S.C. denied certiorari.

Case note:

24 Temple L. Q. 61-6.

342.12. Bd. of Public Educ. v. Watson. (U.S.S.C., #449.) For facts, see VI DOCKET 27. U.S.S.C. denied certiorari.
342.13. Re Tillman Erb. (Calif. Bd. of Educ.) 1930: Pet. became public school teacher. 1960: Pet. refused to answer questions by HUAC on ground of Fifth Amendment privilege. Credentials Comm. denied renewal of teaching credential solely on this ground. H'g. Officer, Div. of Admr. Proc. recommended affirmance. Pet's. appeal pending before Bd. of Educ.

Betram Edises, Esq., 1440 Broadway, Oakland.

343. Employment — Other public officers (see also 261)

343.3. Nelson v. Los Angeles Co. (U.S.S.C.) For facts, see V DOCKET 33. Cite: 362 U.S. 1.

Case notes:

35 St. John's L. Rev. 144-49;

1960 U. of Ill. L. Forum 341-46;

15 U. of Miami L. Rev. 111-17.

344. Employment — Private (see also 268, 269)

344.3. Wilson v. Liberty Films, Inc. (Los Angeles Co. Super. Ct., #668887.) For facts, see VI DOCKET 27. Settled before trial for cash consideration.

And see Young, 30.7.

344.6. United Electrical Workers, Local 610 v. Westinghouse Airbrake Co. (Allegheny Co. Ct. of Common Pleas, #3132.)*
344.8. Waterman v. S. Calif. Gas Co. (Los Angeles Super. Ct.) For facts, see VI DOCKET 27. Ct. found for Def. Case closed.
344.9. Sief v. Bethlehem Steel Co., United Steelworkers Union. (Balt. City Super. Ct.)*
344.13. Zelman v. Bethlehem Steel Co., United Steelworkers Union. (ND NY.)*
345. Attorneys (see also 265, 373)

345.1. Cohen v. Hurley. (U.S.S.C., #84.) For facts, see VI DOCKET 27.*

70 Yale L. J. 288-97;

39 Tex. L. Rev. 233-37;

6 N.Y. L. F. 500-04;

32 Miss. L. J. 119-20.

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

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

Case note:

17 Wash. & Lee L. Rev. 238-44.

353.8. California v. Atchley. (U.S.S.C., #95.)*

Case note:

8 U.C.L.A. L. Rev. 193-98.

353.11. California v. Trout. (Super. Ct., Alameda Co.) 1957: 3 bandits robbed market. Def.-prison guard and wife arrested; Def. signed confession that he drove get-away car. 1958: Def. tried; hung jury. 1958: Def. convicted of kidnapping and robbery; life imprisonment. Aug. 1960: Calif. Sup. Ct. reversed, held confession forced from Def. by police in order to get wife freed. Jan. 1961: new trial; Def. found not guilty on both counts.

Case notes:

Confessions made after delayed arraignment: McNabb again: Jackson v. U.S. (273 F. 2d 521), Goldsmith v. U.S. (277 F. 2d 335), 70 Yale L. J. 289-307.

Fourteenth Amendment violated by admission of Def's. pre-arraignment statements in absence of counsel: People v. DiBiasi (7 N.Y. 2d 544, 166 N.E. 2d 825, 200 N.Y.S. 2d 21):

46 Va. L. Rev. 1468-70;

35 St. John's L. Rev. 154-58.

354. Unfair press releases
- 65 -

355. Perjured testimony (see also 312)

355.4. Sobell v. U.S. (U.S. Pardon Atty.)*
355.9. New York v. Podinker. (NYC Ct. of Genl. Sess.) 1928: Weinberg murdered. 1942: Def. and Popek accused of murder; Def. tried for first degree murder; Popek, promised opportunity to plead to lesser charge if he cooperated with Pros., was prosecution witness. Def. convicted; death sentence commuted to life. 1947: Popek pleaded guilty to manslaughter; suspended sentence. Jan. 27, 1961: Genl. Sess. reversed Def's. conviction, criticized Pros. Atty's. failure to inform jury of Popek's agreement with Pros., and Popek's perjury. Feb. 7, 1961: Def. pleaded guilty to first degree manslaughter; sentenced to 18 yrs. already served; released.
356. Courts martial
Comment:

Criminal jurisdiction over civilians accompanying American armed forces abroad:

6 Howard L. J. 204-10;

17 Wash. and Lee L. Rev. 290-98;

20 Md. L. Rev. 338-45.


356.11. Garlick v. U.S. Army. (D.C. Tex.) 1958: Pl., promised choice of military school, became Army recruit; chose missile school; assigned to weather school. 1960: Pl. sued Def., charging failure to honor pre-induction promise. Dec. 12, 1960: Pl. dicharged, suit to be withdrawn.

Gerald B. Shifrin, Esq., Miami.

357. Naturalization proceedings (see also 259)

357.3. Re Marie Posusta. (CA 2.) 1936: App. met Mr. Posusta in Czechoslovakia; bore him children in 1940 and 1947. 1939: Posusta married another, later moved to France. 1952: App. and 2 children moved to U.S. 1954: Posusta got divorced, came to U.S., began living with App. as man and wife. 1959: Posusta married App.; App. applied for U.S. citizenship. SD NY denied application. Jan. 5, 1961: CA 2 reversed, L. Hand, J.: "So far as appears, Posusta was her only lover and she had been true to him for over twenty years . . . People will . . . differ in their degree of condemnation of such breaches of the moral code; . . . even a continued illicit relation is not inevitably an index of a bad 'moral character'. The statute is not penal; it does not mean to punish for past conduct, but to admit as citizens those who are likely to prove law-abiding and useful. We hold that the petitioner was a person of as 'good moral character' as is necessary to become a citizen".
358. Expatriation, Denaturalization and Deportation proceedings (see also 258, 259)

358.8. Mackey v. Mendoza-Martinez. (SD Calif.)*
358.15. Williams v. U.S. (U.S.S.C.) For facts, see VI DOCKET 29. Motion under Fedl. Rule 60(b)(5) and (6) pending. Issues: (1) May Congress, consistent with due process, condition grant of suspension of deportation upon requirement that application admitting alienage be filed before final order of deportation is entered in case where alien has bona fidely challenged charge he is alien and final order holding him to be alien and directing deportation is entered without previous notice to him or opportunity for him to obtain judical determination of question of alienage; (2) validity of Imm. regulations on this.
358.16. Costello v. U.S. (U.S.S.C., #59.)*
358.51. Heikkila v. Barber. (CA 9.)*

Booklet:

Heikkila Memorial Journal, Life of Heikkila, legal issues in kidnapping by Imm. Service. N. Calif. Comm. for Protection of Foreign Born. (948 Market St., San Francisco.)

358.52. Re Daniels. (Imm. Hg. Officer.)*
358.54. Cheng Fu Sheng v. Rogers. (U.S.S.C., #393.) For facts, see VI DOCKET 29. Cite: 280 F. 2d 663, c.d. 364 U.S. 891.
358.57. U.S. v. Varela. (CA 2.)*
358.58. U.S. v. Wm. and Marina Sim. (Imm. Serv.) 1955: Marina entered U.S. from Formosa as exchange student. 1957: Wm., British, jumped ship in U.S., remained. 1958: Wm. married Marina; her visa expired. 1960: their baby born U.S. citizen; couple opened business; arrested for deportation: Wm. to England; Marina to Formosa. Serv. granted stay so Wm. can apply to British gov't. for visa for wife and child.
359. Loyalty hearings (see also 251 and 268)

359.1. Strong v. NYC Police Commr. Kennedy. (NY Sup. Ct., Manhattan.) 1945: Pl., then 13, found to be delinquent by Children's Ct. 1957: Pl.-25 passed exam for patrolman, certified eligible by Dept. of Personnel. 1958: Def. refused to appoint Pl. Feb. 8, 1961: Sup. Ct. directed Def. to reconsider appointment of Pl.: "It would be futile, and even cruel and inhuman, for the law on the one hand to encourage the wrong-doer to mend his ways, and on the other, to reject the reformed transgressor".
360. Speedy and Public Trial
370. Right to Counsel
371. Federal cases
Case note:

Effect of withdrawal of retained counsel: Tinkle v. U.S. (254 F. 2d 23, CA 8 1958), 13 Okla. L. Rev. 434-36.

372. State cases
Comments:

Duty to advise indigent of right to counsel at state expense, 40 Neb. L. Rev. 161-72.

Right to counsel in pretrial situations, 38 N.C. L. Rev. 630-34.


372.10. Parker v. Ellis. (U.S.S.C.) For facts, see V DOCKET 60. Cite: 362 U.S. 574.

Case notes:

29 G. Wash. L. Rev. 166-70;

21 La. L. Rev. 260-64.

- 66 -

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

Case note:

10 De Paul L. Rev. 173-78.

372.12. McNeal v. Florida. (U.S.S.C.) 1957: Def. charged with assault to murder in second degree. At trial, Def. not provided with atty., tho "indigent, ignorant, mentally ill", because Fla. law requires ct.-appointed counsel only in capital and exceptional cases. Convicted; 20 yrs. 1958: Def. filed petition for writ of habeas corpus in Fla. Sup. Ct.; denied. Jan. 18, 1961: U.S.S.C. unanimously reversed, Whittaker, J.: trial apparently "fundamentally unfair"; remanded for hearing on Def's. complaint.
373. Indirect restrictions (see also 265, 345)

373.1. Re Gladstein. (DC Hawaii.)*
373.8. Otto L. Tucker, Atty. v. 7th Dist. Comm. of Virginia State Bar. (Va. Sup. Ct. of App., #5249.)*
373.9. In re Complaint of 4th Dist. Comm. of Virginia State Bar v. S. W. Tucker, Atty. (Co. Cir. Ct.) For facts, see VI DOCKET 30. Nov. 14, 1960: non-suit entered.
374. Opportunity for appellate review

374.1. Eskridge v. Wash. Bd. of Prison Terms. (Wash. Sup. Ct. #33928.) For facts, see VI DOCKET 30. Hearing on appeal: Mar. 24, 1961.

Tom Eskridge, pro se; Willard J. Roe and Va Lena Scarpelli, Esqs., 604 Paulsen Bldg., Spokane, Wash.

374.12. Bailleaux, et al. v. Hatfield. (CA 9, #16,877.) For facts, see VI DOCKET 30. Jan. 3, 1961: appeal argued.
374.14. Newsome v. Smyth. (U.S.S.C., #116.)*
380. Confrontation
381. Criminal cases
382. Civil cases
390. Jury Trials (see also 510)

390.4. U.S. ex rel. Fletcher v. Cavell, Warden. (CA 3.)*
400. Excessive Bail; Parole Conditions
401. Amount of bail

401.2. California v. Linhart. (San Francisco Muni. Ct.) Def. cited for traffic offense, posted $11. bail. On arraignment asked for jury trial; told bail would be increased to $263.; Def. then waived jury trial; proceeded with trial to judge on original $11. bail. Issue: does Muni. Ct. have power to demand higher bail be posted when Def. demands jury trial? Pending.

Marshall W. Krause, Staff Counsel, ACLU of N. Cal., 503 Market St., San Francisco.

402. Conditions imposed
403. Denial of bail

403.3. Bandy v. U.S. (U.S.S.C.) Aug. 31, 1960: Douglas, J. granted bail pending appeal in amount of $5,000. Dec. 5, 1960: Pet. applied for release on personal recognizance. Douglas, J. denied application on ground U.S.S.C. had decided CA should hear appeal; stated theory of bail is based on assumption Def. has property; so in case of indigent Def., fixing even modest bail may have practical effect of denying him release.
410. Cruel and Unusual Punishment
411. Criminal cases
Comment:

Review of legal but excessive sentence in fedl. courts, 10 DePaul L. Rev. 104-16.

Case note:

CA vacated sentence on grounds of severity, remanded to DC for re-sentencing: U.S. v. Wiley (278 F. 2d 500, CA 7), 109 U. of Pa. L. Rev. 422-28.


411.10. Newsom v. California. (Calif. Adult Auth.)*
411.11. Winston v. U.S. (SD NY.)*

And see Winston, 241.14.

411.12. Mississippi v. Kennard. (Forrest Co. Cir. Ct.) 1959: Def.-Negro applied for admission to all-white Miss. Southern College; rejected. Nov. 22, 1960: Def. convicted of theft of five bags of feed; 7 yrs. at hard labor. Appeal pending.

And see Evers, 42.5.

412. Extradition

412.7. New York v. O'Neill. (U.S.S.C.) For facts, see IV DOCKET 58, 80. Cite: 359 U.S. 1.

Case note:

13 Okla. L. Rev. 436-38.

412.8. In re Williams. (CA 6.)*
412.9. Carbo v. U.S. (U.S.S.C., #72.) For facts, see VI DOCKET 31. Jan. 9, 1961: U.S.S.C affirmed (7-2) per Clark, J: held DC has power to issue extraterritorial writs ad prosequendum running beyond territorial jurisdiction of DC. Warren, C.J. Black, J., diss. on ground Congress had not granted such power.
412.12. In re Rev. Cavers. (Sup. Ct., Queens Co.) Mar. 18, 1958: Negro-Resp's. car collided with another, white driver killed. Resp. convicted of reckless homicide; 18 mths. Resp. appealed; freed on $5000. bond; conviction affirmed; Resp. failed to appear. S.C. obtained fugitive warrant for Resp., who moved to NYC. N.Y. agreed to extradition. Feb. 3, 1961: Resp. obtained stay, alleging life would be in danger if returned to S.C. because of integration activity in S.C. and N.Y.C.; 3 white men attempted to seize Resp. after ct.; Resp. given bodyguard. Application for reconsideration pending before Gov. Rockefeller.
- 67 -

413. Civil cases

413.3. Re Ida English. (CA 2.) Pet. moved to Conn. from S.C. with child; employed 22 of next 28 mths. Pet. applied for welfare assistance; notified she would be shipped back to S.C. by state police under Conn. law first enacted in 1660. Pet. asked 3-judge fedl. ct. to hear constitutional challenge to statute; Smith, J. granted petition. Conn. Welfare Dept. determined Pet. eligible for aid under Dependent Children's Program. Suit became moot.

William D. Graham, Esq., of Hartford Legal Aid Society, Hartford, Conn.

Amicus appearances planned by Conn. C.L.U., Natl. Assn. of Social Workers.

420. Illegal arrest

420.2. Fletcher v. Gerstein. (Dade Co. Cir. Ct., #60 L 2673.) For facts, see VI DOCKET 31-2. Nov. 18, 1960: stipulation and order of dismissal entered.

Bernard B. Weksler, Esq., 309 Indl. Natl. Bank Bldg., Miami.

420.6. Prof. Genovese v. N.Y.C. (N.Y. Co. Sup. Ct.)*
420.7. Hallowell v. N.Y.C. (NYC Controller.) For facts, see VI DOCKET 32. Dec. 1960: Pl. filed claim for $850,000. against Def.-City charging she suffered loss of freedom, ill health and other damages from "unjustified" detention for 3½ yrs. Pending before Controller.
420.8. Goldberger v. Lewis. (San Francisco Super. Ct.) 1:30 a.m.: 2 Pl.-Drs. walking on roadway; Def.-policeman questioned them, said they could be arrested for being out that hour. Pls. disagreed, said arrest would be silly. Pls. arrested by Def., charged with vagrancy; spent night in jail; charges dismissed next morning. Suit filed for false arrest and imprisonment. Pending.

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

420.9. Brooks v. Gray. (San Diego Muni. Ct., #71398.) 11:30 p.m.: Pl.-physics prof. taking walk; Def.-policeman stopped him, asked for identity papers. Pl. refused unless charged with crime; arrested on suspicion of burglary; spent night in jail; released next morning. False arrest suit filed; pending.

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

420.10. Stouffer v. Morrison. (Pa. Sup. Ct.) (400 Pa. 497, 162 A. 2d 378.) Action against 3 Def.-policemen and Borough for personal assault on Pl. Trial Ct. sustained Borough's demurrer; June 30, 1960: Pa. Sup. Ct. affirmed, held Borough not liable for personal assault by its officers tho it knew of their previous bad conduct and impliedly ratified conduct by failing to discharge them.

Irwing Albert, Robert M. Frey, Marian Schwalm Furman, Esqs., all of Carlisle, Pa.

420.11. Duble v. Brown and Chicago. (Cook Co. Super. Ct., #60 S 19040.) Def.-policeman stopped car, in which Pl. was riding, for alleged traffic violation; Pl. and friends followed Def. to station. Def. hit Pl. on forehead with billy club when Pl. got out of car; Pl. scarred, six stitches taken. Pl. charged with disorderly conduct; discharged. Suit filed for assault and battery, false arrest and imprisonment, malicious prosecution. Pending.

Ernst Liebman, Esq., 188 W. Randolph, and Charles Pressman, Esq., 77 W. Washington, both of Chicago.

420.12. Hardwick v. Hurley. (CA 7, #12958.) Pl. refused to take Harger Drunkometer Test on demand of Def.-policeman; beaten by Def. Jurisdiction invoked under 42 U.S.C. 1983, 1985, 1986. DC dismissed for failure to state claim. Appeal to CA 7 pending.

Donald Page Moore, Esq., 105 W. Adams, and Ernst Liebman, Esq., 188 W. Randolph, both of Chicago.

420.13. Washington v. Hall. (Chicago Muni. Ct., #57M301523.) Pl. sued for assault and battery and false imprisonment, alleged Def.-policeman, ex-heavyweight boxer, shot pistol over Pl's. head while chasing him, pistol-whipped and punched Pl., held Pl. for 26 hrs. for investigation before allowing him to make bail. Jan. 1960: at trial, City refused to defend Def.; jury verdict of $7,500. for Pl., special finding of malice. City has refused to pay judgment.

Charles Liebman and Ernst Liebman, Esqs., 188 W. Randolph St., Chicago.

420.14. Rogers v. Biskup and Chicago. (ND Ill., E. Div., #60C-457.) Pls., in Chicago looking for jobs, walked down street; were arrested, searched, assaulted, put into patrol wagon by Def.-policeman; imprisoned 29 hrs. before being arraigned. Charge: disorderly conduct; found not guilty. Suit for false arrest under 42 U.S.C. 1983. Motion to dismiss pending.

Ernst Liebman, Esq., 188 W. Randolph and Marvin A. Marder, Esq., 188 W. Randloph, both of Chicago.

490. Miscellaneous Due Process

490.4. Pauling v. McElroy, Secy. of Defense. (U.S.S.C.) For facts, see VI DOCKET 32. Cite: 364 U.S. 835.
490.6. Buxton v. Ullman, State's Atty. (U.S.S.C., ##60, 61.) For facts, see VI DOCKET 32. Feb. 27, 1961: argued.

Comment:

Conception, contraceptives and the law: Conn., 22 U. of Pitts. L. Rev. 91-103.

70 Yale L. J. 322-34;

25 Alb. L. Rev. 143-46.

490.6b. Trubek v. Ullman, Conn. State's Atty. (U.S.S.C.) (165 A. 2d 158.) For facts, see VI DOCKET 32. Appeal to U.S.S.C. pending.
- 68 -

490.6b. Rev. Willard v. Ullman, Conn. State's Atty. (Conn. Super. Ct., New Haven Co.)*

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 notes:

10 DePaul L. Rev. 161-66;

6 N.Y. L.F. 504-10.

490.14. California v. Turrieta. (Pittsburg Justice Ct.) (356 P. 2d 681.)*
490.15. Planned Parenthood Comm. of Phoenix v. Maricopa Co. Medical Director. (Super. Ct., Maricopa Co., #112802.) For facts, see VI DOCKET 32. Jan. 11, 1961: Super. Ct. denied Pl's. prayer for declaratory judgment that Ariz. Rev. Stats. 13-213 unconstitutional.

Sheldon Mitchell, Esq., 733 First Natl. Bank Bldg., Phoenix.

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

Advertisements:

Facts on integration. Charlottesville N.A.A.C.P. (P.O. Box 3183, Charlottesville, Va.)

Reports:

George McMillan, Racial violence and law enforcement. Southern Regional Council, Atlanta, 1960.

Toward equality, Baltimore's progress report. Balt. Urban League (2404 Pennsylvania Ave., Baltimore), 92 pp.

Law review article:

Donald H. Wollett, Race relations, 21 La. L. Rev. 85-105.

Law review article:

William P. Murphy, State sovereignty and the drafting of the Constitution II, 32 Miss. L. J. 1-23.

500. Elections
501. Racial discrimination
Law review article:

Arthur E. Bonfield, The right to vote and judicial enforcement of sec. 2, Fourteenth Amendment, 46 Corn. L. Q. 108-37.


501.2. Ivy v. Cole, Registrar. (Halifax Co., N.C.) (ED N.C., Wilson Div., #610-Civ.)*
501.4. Reddix v. Lucky, Registrar. (Ouchita Parish, La.) (WD La., #5733-M.)*
501.6a. Gomillion v. Mayor Lightfoot. (Macon Co., Ala.) (MD Ala., #462-E.) (364 U.S. 339 rev'g. 270 F. 2d 594.) For facts, see VI DOCKET 33. Feb. 17, 1961: DC issued injunction against Defs.
501.6b. U.S. v. Alabama. (Macon Co., Ala.) (MD Ala., #479-E.) For facts, see VI DOCKET 33. Nov. 17, 1960: DC ordered registrars to permit Pl. to inspect records; Defs. complied. Feb. 20, 1961: case tried; decision awaited.

Ben Brooks, D. Robert Owen, Joseph M. F. Ryan, W. Wilson White, Esqs., U.S. Dept. of Justice, Washington, D.C.; Hartwell Davis, U.S. Atty., Montgomery.

501.8. U.S. v. Raines. (Terrell Co., Ga.) (MD Ga., Americus, #442.) For facts, see VI DOCKET 33-4. Jan. 25, 1961: DC denied U.S. request to appoint fedl. voting referees without prejudice, finding no reason at this time to assume Def.-registrars not complying with Sept. 13 DC order.
501.9a. Camacho v. U.S. Atty. Genl. (SD NY.)*
501.11. U.S. v. Thomas, Registrars of Washington Parish, White Citizens Council. (Bogalusa, La.) (ED La.)*
501.12a. U.S. v. 82 Defs. (Fayette Co.) (WD Tenn.) For background, see 501.12, V DOCKET 15, 61. Dec. 14, 1960: Justice Dept. filed injunctive action against 82 white Defs. (44 landowners, 24 merchants, 1 bank) alleging: termination of sharecropper arrangements with 400 Negroes in Co.; dismissing Negro employees; refusing to sell supplies to Negro restaurants, even for cash; refusing credit to Negroes formerly given credit; canceling insurance policies of Negroes; persuading whites to join in economic pressure on Negroes — all because 2000 Negroes registered to vote in Co. in 1960 or were related to those who registered. Suit brought under 1957 Civil Rights Act. Pending.

And see 501.12b.

501.12b. U.S. v. Defs. (Fayette Co.) (WD Tenn.) See 501.12a. Dec. 1960: U.S. filed injunction suit against Def. white farmers to prevent eviction of 400 Negro tenant farmers who registered to vote. DC denied temporary injunction. Dec. 30, 1960: CA 6 did not decide question of temporary injunction; suggested DC act. Dec. 30, 1960: DC granted temporary injunction. Jan. 5, 1961: at hearing, Defs. contended mechanization, not discrimination, caused failure to sign new contracts with tenant farmers. Evicted tenants set up tent city; 1 camper shot in night.

And see 501.15a, b, c.

501.13. U.S. v. Assn. of Citizens Councils of La., Inc., Culpepper, Registrar. (Bienville Parish, La.) (WD La., #7881-S.)*
501.15. U.S. v. First State Bank of Brownsville, Inc. (Haywood Co., Tenn.) (WD Tenn.)*
501.15a. U.S. v. 74 Defs. (Haywood Co.) (WD Tenn.) For background, see 501.15, 501.12a. Dec. 1960: U.S. filed injunction suit against Def. white farmers to prevent eviction of 300 Negro tenant farmers who registered to vote. DC denied temporary injunction. Dec. 30, 1960: CA 6 granted temporary injunction, left til appeal on merits question whether 1957 Civil Rights Act could be used to require private persons to enter into contractual relations involving their own property. Feb. 20, 1961: hearing in DC.
- 69 -

501.15b. Tennessee v. Savage. (Haywood Co. Ct.) Jan. 26, 1961: Def.-Negro representative of N.A.A.C.P. from New York arrested while talking to Negroes in line to register to vote. Charge: interfering with voter registration. Pending.
501.15c. Tennessee v. Giltrow and Hawley. (Haywood Co. Genl. Sess. Ct.) Feb. 5, 1961: Def.-white students (U. of Mich.) arrested while distributing boxes of food and clothing to Negro tenant farmers evicted and living in tent city (see 501.12b). Charges: resisting arrest; going through stop sign. Defs. permitted to distribute goods under escort of deputy sheriff; convicted; ordered to leave Co.

And see 501.15a, .15b, 501.12a, .12b.

501.16. Bazemore v. Bd. of Elections. (Bertie Co., N.C.) (N.C. Sup. Ct., #168.) For facts, see VI DOCKET 34. N.C. Sup. Ct. granted petition for certiorari. Feb. 28, 1961: argument.

James R. Walker, Esq., 501 W. Third St., Weldon, N.C.; Samuel S. Mitchell, Esq., 125 E. Hargett St., Raleigh, N.C.; Robert L. Harrell, Sr., Esq., Ahoskie, N.C.

501.17a. In re Denkins. (MD Ala., #1619-N.)

and

501.17. U.S. v. Voting Registrars. (Montgomery and Sumter Cos., Ala.) (CA 5.) For facts, see VI DOCKET 34-5. Jan. 24, 1961: CA 5 affirmed DC order that Defs. turn over Co. registration records to Pl.; rejected companion suit by Ala. seeking return of complaints and correspondence obtained by Pl. in investigation.
501.18. U.S. v. Sharrow. (SD NY.)*
501.19. U.S. v. Alabama, Voting Registrars. (Bullock Co., Ala.) (MD Ala.) Dec. 1958: Negro complaints of voting registration discrimination alleged at Civil Rights Comm. h'g. Co. Cir. Judge refused to turn over records on demand by Comm. Jan. 20, 1961: U.S. filed complaint against Defs. alleging discriminatory practices: 1) requiring applicants to present vouchers by 2 registered voters; 2) limiting registered voters to 2 vouchers/yr. in Co. with 5 registered Negro voters out of 5,000 Negroes and 2,200 registered white voters out of 2,500 whites. Pending.

U.S. Dept. of Justice, Washington, D.C.

501.20. U.S. v. Deal. (E. Carroll Parish, La.) (WD La.) Sept. 27, 1960: Atlas, Negro farmer, testified before Civil Rights Comm. that he was told he must be identified by 2 registered voters in order to register in Co. having no Negro registered voters. Def.-Sheriff told Atlas Def.-white cotton ginners thereafter would not gin his cotton. Jan. 19, 1961: U.S. filed suit against 11 white businessmen, charging violation of 1957 Civil Rights Act for using economic pressure to prevent registration. Feb. 3, 1961: Defs. filed pledge to cease intimidation of Atlas. Pending.

U.S. Dept. of Justice, Washington, D.C.

502. Political discrimination
503. Urban discrimination

503.1. Baker v. Carr. (U.S.S.C., #103.) (Tennessee.) For facts, see VI DOCKET 35.*

Charles S. Rhyne, Esq., 400 Hill Bldg., Washington, D.C.

503.2. Pls. v. Georgia. (SD Ga.) Nov. 21, 1960: suit filed challenging system of counting votes under which Congressional candidate with 33,795 votes but only 18 county unit votes lost to candidate with 33,374 votes who got 26 county unit votes. Issue: does county unit system violate U.S. Constitution, Art. I, Sec. 2? Pending.

Morris B. Abram, Esq., Atlanta.

503.3. Scholle v. Secy. of State. (Mich.) (U.S.S.C.) (360 Mich. 1) 1925: last reapportionment of state senatorial districts in Mich. 1952: voters passed amdt. to Mich. Const. forever freezing existing senatorial districts. 1959: suit by Pl. living in most populous district, alleging violations of equal protection and due precess clauses of 14th Amendment because Pl's. vote worth as much as vote in less populous district. 1960: Mich. Sup. Ct. (5-3) affirmed trial ct. rejection of complaint. Appeal pending in U.S.S.C.

Theodore Sachs, Esq., 3610 Cadillac Tower, Detroit.

510. Juries
511. Federal employees
512. Racial discrimination

512.27. Rev. Anderson v. Alabama. (U.S.S.C., #326.) For facts, see VI DOCKET 35.*

Peter A. Hall, Esq., 1630 Fourth Ave., Birmingham.

513. Economic discrimination
514. Political discrimination
515. Discrimination against women
520. Education
Law review article:

Ernest van den Haag, Social science testimony in desegregation cases: reply to Prof. Kenneth Clark, 6 Vill. L. Rev. 69-79.

Booklet:

Harvard Educational Review, Negro Education in the U.S., Lawrence Hall, Kirkland St., Cambridge Mass., 131 pp., $1.25.

521. Challenge to unequal facilities

521.1. Holland v. Bd. of Public Instruction. (Palm Beach, Fla.) (SD Fla., #7161.)*
521.2. Johnson v. Marion Co. Bd. of Educ. (S.C.) (ED S.C., #7298.) For facts, see VI DOCKET 35.*

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

522. Suits to enforce integration

522.Ark2. Matthews v. Launius. (Bearden Dist.) (WD Ark., Civ. #570.)
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522.Ark3. Norwood v. Tucker. (Little Rock.) (CA 8, #16586.)*

Book:

Ralph and Carl Creger, This is what we found (re Central High, Little Rock), Lyle Stuart, 1960, $1.00.

522.Ark5. Dove v. Parham. (Dollarway School Dist.) (ED Ark., #3680.)*
522.Dela2. Evans v. Ennis. (7 Dela. Cos.) (DC Dela.) (U.S.S.C., #537.) For facts, see VI DOCKET 36. Jan. 9, 1961: U.S.S.C. denied cert. to Def.-Bd. challenging CA 3 order vacating 12-yr. stairstep plan. Dec. 28, 1960: Def. submitted plan for complete desegregation in 9 yrs., with transfer system for Negro students starting Sept. 1961. Pending.
522.Fla3. Mannings v. Bd. of Public Instruction of Hillsborough Co. (Tampa.) (SD Fla., #3554.)*
522.Fla5. Augustus v. Escambia Co. Bd. of Public Education. (Pensacola.) (ND Fla., #1064.)*
522.Fla6. Tillman v. Bd. of Public Inst., Volusia Co. (SD Fla., Jacksonville Div., #4501.) For facts, see VI DOCKET 37. Pls. amended complaint to show 4 Pls. are white parents. Pending.

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

522.Fla7. Braxton v. Bd. of Public Inst., Duval Co. (Jacksonville.) (SD Fla., #4598.) Dec. 6, 1960: class action filed for injunction requiring forthwith desegregation of all public schools or formulation of desegregation plan. Pending.

Earl M. Johnson, Esq., Jacksonville; Constance Baker Motley and Thurgood Marshall, Esqs., N.A.A.C.P. Legal Fund, 10 Columbus Circle, NYC.

522.Ga4. Holmes v. Danner. (U. of Ga.) (ND Ga.) For facts, see VI DOCKET 37. Jan. 6, 1961: DC ordered Defs. to admit 2 Pls. and all other Negroes similarly situated. Jan. 9, 1961: DC granted Defs'. application for stay; CA 5 vacated stay. Jan. 10, 1961: U.S.S.C. denied Defs'. application for stay. Jan. 10, 1961: Pls. filed supplementary complaint adding Gov. and other state officials as parties Def.; prayed for temporary injunction to restrain threatened enforcement of Ga. statute cutting off state funds from publicly supported schools that integrate pursuant to ct. order; restraining order issued. Jan. 11, 1961: Pls. admitted to Univ.; riot by whites; Pls. removed from campus, suspended. Jan. 12, 1961: DC ordered Pls. readmitted Jan. 16, 1961. Pls. readmitted; Defs'. appeal from Jan. 6 and 12 orders pending.
522.Ga5. Wittkamper v. Harvey. (Americus.) (MD Ga.) For facts, see VI DOCKET 37. Cite: 188 F. Supp. 715.
522.Ky9. White v. Loy. (Barbourville School Dist. and Knox Co.) (Knox Co. Cir. Ct.) Nov. 1960: Negro Pls. sought injunction against merger of desegregated Dist. with segregated Co. Dist.; Cir. Ct. issued temporary injunction. Ct. of App. dissolved injunction.

James A. Crumlin, Esq., for N.A.A.C.P., 608 Walnut St., Louisville.

And see 522.Ky9a.

522.Ky9a. White v. Loy. (Knox Co.) (ED Ky., #1086.) Nov. 1960: Negro Pls. filed companion suit to 522.Ky9. Barbourville Dist. Bd. voted to drop merger plan; Pls. dismissed them as Defs.; amended suit to ask complete desegregation of Co. system. Pending.

James A. Crumlin, Esq., for N.A.A.C.P., 608 Walnut St., Louisville.

522.La1. Orleans Parish School Bd. v. Bush. (New Orleans, La.) (ED La., #3630.) (CA 5, #18520.) (U.S.S.C., ##589, 613.) (187 F. Supp. 42.) For facts, see VI DOCKET 37-8. Nov. 30, 1960: 3-judge fedl. Ct. held unconstitutional the doctrine of interposition and 18 Acts and 5 Concurrent Resolutions of 1960 Legis.; denied Bd's. motion to vacate desegregation order; enjoined 700 state and local officials from interfering. On appeal to U.S.S.C., Dec. 12, Ct. denied Bd's. motion for stay, held Bd's. position "without substance". Dec. 21: DC issued temporary injunction to restrain enforcement of 2 Acts and 3 Concurrent Resolutions of 1960 Legis.; issued order to La. Lieut. Gov. and 2 other La. officials to show cause why they should not be held in contempt for having withheld teachers' salaries in New Orleans integrated schools; ordered banks to release funds to pay school personnel; restrained Gov. from using legislation to replace Bd. Jan. 13, 1961: DC set aside 2 new La. Acts to oust Orleans Supt. of Schools and replace Orleans School Bd. Appeal from May 4, 1960 desegregation ruling pending in CA 5. Direct appeal to U.S.S.C. from order of 3-judge fedl. ct. Aug. 27, 1960 pending.
522.La1a. U.S. v. Jackson, La. Supt. of Public Educ. (ED La.) Feb. 16, 1961: Justice Dept. filed civil contempt action to compel Def. to release $350,000. in fedl. school funds withheld since Sept. 1960 to Orleans School Bd. Money includes funds for school lunch program, school milk program, vocational education. Pending.

And see 523.La1.

522.La2. Hall v. St. Helena Parish School Bd. (CA 5, #18523.) For facts, see VI DOCKET 38. Feb. 9, 1961: CA 5 affirmed DC decision for Pls.
522.La3. Angel v. La. State Bd. of Educ., et al. (La. Trade Schools.) (CA 5, #18,521.) For facts, see VI DOCKET 38. Feb. 9, 1961: CA 5 affirmed DC decision for Pls.
522.La4. E. Baton Rouge Parish School Bd. v. Davis. (CA 5, #18,524.) For facts, see VI DOCKET 38. Feb. 9, 1961: CA 5 affirmed DC decision for Pls.
522.La6. Williams v. Prather. (Northwestern State College.) (WD La., #5000 Civ.)*
522.La11. Allen v. La. State Bd. of Educ. (Shreveport Trade School.) (CA 5, #18522.) For facts, see VI DOCKET 38. Feb. 9, 1961: CA 5 affirmed DC decision for Pl.
522.Md6. State Bd. of Public Welfare v. Myers. (Md. Training Schools.) (Md. Sup. Ct., #162.)*

Case note:

20 Md. L. Rev. 375-76.

- 71 -

522.Mo1. Russell v. Adams. Heffley. (Maplewood-Richmond Hts.) (St. Louis Co. Cir. Ct.)*
522.NJ1. Howard Savings Institution v. Tr., Amherst College. (N.J. Sup. Ct.) For facts, see V DOCKET 63. Cite: 160 A 2d 177, 66 N.J. Sup. 119.

Case note:

36 N. Dame Law. 74-77.

522.NY4a. Taylor v. Bd. of Educ. (New Rochelle.) (SD NY.) For facts, see VI DOCKET 38. Jan. 24, 1961: DC found Def.-Bd. created and kept Lincoln School all-Negro by gerrymandering district lines and transferring white children outside district; held constitutional rights violated; ordered Bd. to desegregate starting Sept. 1961. Feb. 7, 1961: Def. voted 6-3 to appeal; Feb. 10, 1961: ⅓ Lincoln students stayed out of school one day in protest.
522.NC6. Jeffers v. Whitley, N.C. Supt. of Public Instruction. (Caswell Co.) (MD N.C., Greensboro Div., #1079.)*
522.NC10. McCoy v. Greensboro Bd. of Educ. (MD N.C., #C-25-9-59.) (283 F. 2d 667.)*
522.NC11. Morrow v. Mecklenburg Bd. of Educ. (Mecklenburg Co.) (MD N.C., #1415.)*
522.NC13. Becton v. Greene Co. Bd. of Educ. (ED N.C., #458.)*
522.NC14. Wheeler v. Durham City Bd. of Educ. (MD N.C., #C-54-D-60.)*
522.NC14a. Spaulding v. Durham City Bd. of Educ. (MD N.C., #C-116-D-60.) Companion case to Wheeler, 522.NC14. Pending.
522.NC15. Vickers v. Chapel Hill Bd. of Educ. (MD N.C., 11-D-60.)*
522.NC16. North Carolina v. Chance. (Hartnett Co. Super. Ct.)*
522.NC16b. Chance v. Hartnett Co. Bd. of Educ. (DC N.C.)*
522.SC1. Briggs v. Elliott. (Clarendon Co.) (ED S.C., #2657.)*
522.SC2. Brunson v. Bd. of Tr., Clarendon Co. School Dist. No. 1. (Clarendon Co.) (ED S.C., #7210.)*
522.SC3. Pls. v. School Dist. (Charleston.) (S.C. Sup. Ct.) Courtenay grade school built as white school; transferred to Negro pupils when population shifted. 1960: overcrowded, double sessions. Def. decided to enlarge school. Pl.-Negro parents sued to enjoin enlargement, seek new school in different area. Cir. Ct. dismissed; appeal pending.

Russell Brown, Esq., Charleston, S.C.

522.SC4. Pls. v. School Bd. (Sumter Co.) (CA 4.) Suite by parents for admission of children to white grade school. Pls. are descendants of Turkish soldiers who fought in Am. Revolution, associate with neither Negroes nor whites. Children now attend special grade school, white high schools. DC dismissed. Jan. 16, 1961: appeal argued; pending.

Ira Kaye, Esq., Sumter, S.C.

522.Tenn6. Goss v. Bd. of Education. (Knoxville.) (CA 6, #14425.)*
522.Tenn7. Northcross v. Memphis Bd. of Educ. (WD Tenn.) For facts, see VI DOCKET 39-40. Nov. 7, 1960: Pls'. motion for preliminary injunction heard; decision reserved. Mar. 1, 1961: trial date.
522.Tenn8. Mapp v. Chattanooga Bd. of Educ. (CA 6, #14444.) (ED Tenn., #3564.) For facts, see VI DOCKET 40. Defs. appeal from desegregation order pending in CA 6. Def. filed plan with DC proposing desegregation of selected schools in first 3 grades in 1962. Jan. 23, 1961: DC held plan inadequate; ordered new system-wide plan by Mar 23.
522.Tenn9. Maxwell v. Davidson Co. Bd. of Educ. (near Nashville.) (MD Tenn., #2956.) For facts, see VI DOCKET 40. Pls. filed motion for new trial because none of named Pls. can secure individual relief under DC desegregation plan. DC to hear complaint asking teacher desegregation separately.
522.Tex5. Boson v. Rippy. (Dallas.) (CA 5, #18467.) For facts, see VI DOCKET 40. Nov. 30, 1960: CA 5 reversed: rejected Bd's. tri-school plan; directed approval of 12-yr. stairstep integration plan beginning in 1st grade Sept. 1961, but DC to retain jurisdiction to see whether greater speed possible; disapproved free transfers because based in part on race; ruled holding of election under Art. 2900A Rev. Civ. Stats. should not be made condition of desegregation plan.
522.Tex9. Pls. v. Bd. of Educ. (Abilene.) (Texas Sup. Ct.)*
522.Tex10. Flax v. Potts. (Fort Worth.) (ND Tex., Fort Worth Div., #4205.)*
522.Tex13. Robinson v. Evans. (Galveston.) (SD Tex., #2643.) For facts, see VI DOCKET 40. Jan. 23, 1961: after trial, DC declared practice of segregation unlawful; ordered 12-yr. stairstep plan to begin Sept. 1961.
522.Tex14. Eastland v. Wheat. (Northeast Houston.) (SD Tex., #13,330.)*
522.Va1. Davis v. County School Bd. (Prince Edward Co.) (ED Va., #1333.) For facts, see VI DOCKET 40. Dec. 6, 1960: 272 Negroes signed petition to Def. Bd. to reopen schools closed Sept. 1959. Bd. rejected petition on ground 1960-61 budget contains no money for public schools. Jan. 1960: Pls. filed complaint alleging indirect use of public funds to support private segregated (white) schools, asked injunctive relief; pending.
522.Va3a. Adkinson v. School Bd. (Newport News.) (ED Va., Newport News Div., #642.)*
522.Va4. Hill v. School Bd. (Norfolk.) (CA 4, #8053.)*
522.Va5. Allen v. School Bd. (Charlottesville.) (CA 4, #8238.) (263 F. 2d 295.)*
522.Va6. Thompson v. School Bd. (Arlington.) (ED Va., #1341.)*
- 72 -

522.Va14. Warden v. School Bd. (Richmond.) (ED Va., #2819.) For facts, see VI DOCKET 41. Trial: Mar. 30, 1961.
522.Va15a. Jones v. School Bd. (Alexandria.) (ED Va., #1770.)*
522.Va19a. Goins v. Grayson Co. School Bd. (Galax.) (WD Va., Abington Div., #776.)*
522.Va20. Blackwell v. School Bd. (Fairfax Co.) (ED Va., #1967.) For facts, see VI DOCKET 42. Nov. 1, 1960: DC entered order in accord with Sept. 22 opinion, but on own motion refused to enter general order enjoining segregation, dismissed suit. Pls. filed motion for new trial and request that DC retain jurisdiction. Pending.
522.Va21. Green and Iseley v. Bd. of Educ. (Roanoke City and Co.) (WD Va., ##1093, 1095.) Class suits filed by Negro parents seeking injunctions against segregated schools. Pending.

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

523. Suits to prevent integration

523.Ark9. Lauderdale v. Arkansas. (Ark. Sup. Ct.) Labor Day, 1959: 3 buildings bombed, incl. Little Rock School Bd. hdqrtrs. Sims confessed, 5 yrs.; Perry and Coogins convicted; affirmed; Beavers confessed; 5 yrs. suspended. Def. convicted of masterminding plot; 3 yrs., $500. Feb. 13, 1961: Ark. Sup. Ct. affirmed.
523.Fla2. Bd. of Public Instruction of Volusia Co. v. Tillman. (Volusia Co. Cir. Ct., #30365 Chanc.)*

And see Tillman, 522.Fla6.

523.Ga2. Georgia v. Griffith. (Clarke Co. Ct.) Jan. 19, 1961: grand jury indicted 8 members of Ku Klux Klan and 2 U. of Ga. students; charges: incitement to riot, rioting against Negro students integrating U. of Ga. Pending.

And see Holmes, 522.Ga4.

524. Miscellaneous suits to end segregation

524.1. Pls. v. Pres. Kennedy. (DC DC.) Feb. 14, 1961: 5 Va. Negro Pls. sued for injunction to prevent Def.-fedl. gov't. officials from granting fedl. aid to any institution engaging in racial segregation by virtue of statute, ordinance, custom or usage. Pending.
524.2. Shaffer v. White Citizens' Council Forum, Miss. Sover-eignty Comm., Miss. Gov. Barnett, Treas. Gandy. (SD Miss., #3068.) Jan. 7, 1961: Pls., white lawyer and union officials and Negro grocer, filed class suit to enjoin payment of public funds to help finance radio, TV shows sponsored by Def. Comm. and Citizens Councils. Pending.

William L. Higgs, Esq., 707 N. Congress St., Jackson, Miss.

525. Miscellaneous

525.3. Kissick v. Garland Ind. School Dist. (Tex. Ct. of Civ. App.) For facts, see V DOCKET 17, #524.3. Cite: 330 S.W. 2d 708.

Case note:

36 N. Dame Law. 89-93.

525.4. Allred v. Heaton. (Texas A & M College.) (U.S.S.C., #518.) For facts, see VI DOCKET 42, #524.4. Dec. 19, 1961: U.S.S.C. dismissed appeal. Douglas, J. diss.

John M. Barron, Esq., 202 Varisco Bldg., Box 587, Bryan, Texas.

530. Housing
Book:

Keith Wheeler, Peaceable Lane (novel), Simon & Schuster, 1960. $4.50.

Comment:

State universities and discriminatory fraternity: constitutional analysis, 8 U.C.L.A. L. Rev. 169-89.

Study:

1959 Study of citizen awarness of NYC Fair Housing Practices Law. Urban League of Greater NY (202 W. 136, NYC).

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

532.18. O'Meara v. Jones. (Seattle.) (Wash. Sup. Ct., #35436.)*
532.23. Pearson v. Frumenti. (Calif.) (Contra Costa Co. Super. Ct., #R 7073.)*
532.24. Hudson v. Branden Enterprises. (Calif.) (Santa Clara Co. Super. Ct.)*
532.25. Holmes v. Macco Construction Co. (San Diego.) (San Diego Super. Ct., #247453.)*
532.26. Gregory v. Zehman. (Cleveland.) (Com. Pleas Ct., #742019.) Aug. 17, 1960: Pl.-Negro sued Def.-builder, alleging refusal to sell to Pl. solely on basis of race. Issue: may builder operating under FHA or VA systems discriminate under Fifth and Fourteenth Amendments, 12 USC 1701-1750JJ, 38 USC 1801-1824, 42 USC 1982, Ohio Const. Art. I, Sec. 1, 16 and public policy of Ohio. Pending.

Milus J. Graham, Esq., 920 E. 105; James B. Taylor and Clarence H. Holmes, Esqs., Prospect-4th Bldg., all of Cleveland.

533. Private

533.6. City of Creve Coeur v. Dielman. (St. Louis Co. Cir. Ct., Div. 5, #215350.)*

And see Progress, 533.20, Wiley, 533.25.

533.18. Burks v. Poppy Construction Co. (Calif.) (San Francisco Super. Ct., #496068.)*
533.19. Gerrish v. Shattuck. (Calif.) (San Diego Super. Ct.) For facts, see VI DOCKET 43. Nov. 1960: all Defs. signed agreement that they did not and will not discriminate. Def.-broker who had contact with Pls. and said no minority peoples could live in tract also paid $300. damages. Suit dismissed with prejudice.
- 73 -

533.20. Progress Development Co. v. Village of Deerfield. (Ill.) (CA 7.) For facts, see VI DOCKET 43. Jan. 4, 1961: CA 7 unanimously reversed because DC erred in passing on merits on basis of preliminary hearing; remanded case to DC for trial.
533.22. Divine v. Koch. (Calif.) (Sacramento Super. Ct.) For facts, see VI DOCKET 43. Mar. 27: trial date.
533.23. Hudson v. Nixon. (Calif. Dist. Ct. of App.) Jan. 1960: Def.-owner refused to rent housing accommodations to Pl.-Negro couple because of race. Suit filed under Calif. Civil Code sec. 52, Health and Welfare Code sec. 35720. Jy. 28, 1960: Merced Super. Ct. held for Pls., awarded $1,000. damages and costs. Def's. appeal pending.

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

533.25. Wiley v. Richland Water Dist. (Ore.) (DC Ore., #60207.)*
533.26. Rhone v. J. L. Case and Co. (Colo.) (El Paso Co. Dist. Ct., Colo.) For facts, see VI DOCKET 43. Feb. 6: appeal argued.
533.27. Bernstein v. Real Estate Comm. of Maryland. (Baltimore.) (U.S.S.C.) For facts, see VI DOCKET 43. Cite: 363 U.S. 419.
533.30. Swann v. Burkett . (Berkeley.) (Berkeley-Albany Muni. Ct., Calif.) For facts, see VI DOCKET 43. Def. demurred, contending apt. bldg. not "business establishment" under Sec. 851; Ct. overruled. Pending.
533.31. McKibbon v. Michigan Corp. Sec. Comm. (Ingham Co. Cir. Ct., #42667 Ch.) Jy. 1960: Def.-Comm. promulgated rule forbidding real estate brokers and salesmen from refusing to sell or offer to buy, list, or lease any real estate on basis of race, color, religion, national origin or ancestry of any persons. Pl.-broker obtained temporary restraining order pending hearing on merits. Issues: is regulation valid exercise of rule-making power, is it violation of due process? Pending.

Paul Adams, Atty. Genl. of Mich., Lansing.

Amicus appearance by Erwin Ellmann, Esq., for Det. Branch of A.C.L.U., Am. Jewish Congress, N.A.A.C.P.

533.32. Smith v. Curt Craft. (Portland.) (Multnomah Co. Cir. Ct., #265957, #266890.) Complaint filed with Civil Rights Div., Ore. Bur. of Labor charging Def.-construction corporations with discrimination against Negro applicants for housing. Commr. of Labor, at administrative hearing, held against Defs.; their appeal pending.

Robert Y. Thornton, Atty. Genl. of Ore.; Thomas N. Trotta, Asst. Atty. Genl., 1216 S.W. Hall St., Portland.

533.33. Colangelo v. Massachusetts Comm. Against Discrimination. (Waltham.) (Suffolk Co. Super. Ct.) Comp.-Negro charged Pl.-builder refused to rent apt. to him on basis of race. Pl. rejected Def's. efforts to conciliate. Pl. sought injunctive relief aaginst Def. holding public hearing; denied. Jan. 9: hearing held; Pl. offered no testimony, charging statute unconstitutional. Pending.
533.34. New York City v. Fried. (NYC.) (Manhattan Sup. Ct.) Comp.-Negro charged Def.-apt. house owners with refusing to rent apt. to her solely on basis of race. Def. rejected conciliation efforts of Commission on Intergroup Relations. Fair Housing Panel affirmed findings of COIR. Dec. 1960: City filed suit; pending.
533.35. Swanson, Inc. v. Connecticut Civil Rights Comm. (New Haven Co. Super. Ct.) Comp.-Negro charged Pl.-builder refused to sell him $26,000. home solely on basis of race. Pl. rejected Def's. efforts to conciliate. Jan. 9, 1961: after public hearing before 3-man Comm. tribunal, Pl. ordered to make home available to Comp. within 30 days, accept future applications without regard to race. Pl. filed suit challenging constitutionality of Conn. Fair Housing Law. Pending.
540. Transportation
541. Interstate

541.2. Baldwin v. Morgan. (Birmingham.) (CA 5, #18280.)*
541.4. Henry v. Greenville Airport Comm'n. (Greenville, S.C.) (DC S.C.) For facts, see VI DOCKET 43. Oct. 19, 1960: DC denied Pl's. motion for preliminary injunction. Dec. 1, 1960: CA 4 reversed with direction to DC to grant preliminary injunction pending final disposition; remanded.
541.8. Boynton v. Virginia. (Richmond.) (U.S.S.C., #7.) For facts, see VI DOCKET 44. Dec. 5, 1960: U.S.S.C. reversed (7-2) Black, J.: interstate passenger has right, under Interstate Commerce Act, to be served without discrimination in terminal and restaurant facilities operated as integral part of carrier's transportation service, tho carrier does not own or actively operate or directly control terminal or restaurant. Constitutional questions not decided.
541.11. Turner v. City of Memphis. (WD Tenn., #3934.) For facts, see VI DOCKET 44. Jan. 23, 1961: DC stayed cause for institution of state ct. proceedings under abstention doctrine.
541.12a. Henderson v. City of Petersburg. (ED Va., #3148.) Aug. 9, 1960: after sit-in arrests at bus terminal restaurant (see 542.17), class suit filed for injunction against segregated waiting rooms, restaurants, other facilities. Jan. 6, 1961: in trial before 3-judge ct., Pls'. subpoena to Gov. quashed; decision awaited.

Jordan, Dawley and Holt, Esqs., 721 E. Brambleton Ave., Norfolk, Va.

541.13. Adams v. City of New Orleans. (ED La., #6436.)*
541.14a. P. Shuttlesworth v. Southeastern Greyhound Lines. (ND Ga., #7412.) For facts, see VI DOCKET 44. Dec. 28, 1960: DC sustained Def's. motion for change of venue to ND Ala., M Div.

Julian Daughtry, Esq., 15 Chestunt St., SW, Atlanta; Jordan Dawley and Holt, Esqs., 721 E. Brambleton Ave., Norfolk.

541.16. Rev. Shuttlesworth v. City of Birmingham. (ND Ala.)*
541.17. Georgia v. Defendants. (Atlanta.) (Atlanta City Ct., Fulton Co. Crim Ct.)*
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542. Intrastate

542.4. Evers v. Dwyer, Comm'r. of Public Service, Memphis. (WD Tenn., Civ. #2903.)*
542.10. Simpkins v. Mayor Gardner. (Shreveport.) (WD La., Shreveport Div., #6651.)*
542.13. Brown v. Gray. (Lake Charles, La.) (WD La., #7360-LC.)*
542.14. Jemison v. Christian. (Baton Rouge, La.) (ED La., #1841.)*
542.15. Boman v. Birmingham Transit Co. (ND Ala., #9255.)*
542.16. City of Montgomery v. Taylor. (Montgomery City Ct.)*
542.17. City of Petersburg v. Defendants. (Petersburg Muni. Ct.)*
542.18. Walker v. Atlanta. (ND Ga., #7318.) Pl.-Negroes sued for injunctive relief against Def. Mayor and Police Chief requiring segregation in taxicabs in city. Pending.

Wyatt Tee Walker, Esq., 208 Auburn Ave., NE, Atlanta; Len Holt, Esq., 721 E. Brambleton Ave., Norfolk, Va.

550. Miscellaneous Facilities
551. Recreational

551.Cal3. Peoples v. Club Primadonna. (Reno Co. Ct.) Negro Pls. obtained reservations for trip to Reno in plane chartered by Def.-Corps. as per newspaper ads. Sept. 8, 1957: Defs. refused to permit Pls. to board plane. Pls. sued for $50,000. damages under Calif. Civil Rights Act, Secs. 51, 52. Settlements made with all but one Def. After trial, Ct. found Def.-Nevada corps. aided and incited discrimination at airport by employee of Def.; Pls. awarded statutory penalty and punitive damages. Defs. refused to pay judgment; suit filed in Nev.; judgment paid in full plus interest and Nev. litigation costs.

Edward R. Grogan, Esq., 1440 Broadway, Oakland.

551.Cal5. Santa Clara Voiture 365 v. American Legion 40 & 8 Society. (San Jose Super. Ct.)*
551.Cal7. Moore v. Thomasson, Police Chief. (Salinas Super. Ct.)*
551.Fla4a. Pls. v. City of Jacksonville. (SD Fla., Jacksonville Div.) After decision in Hampton (551.Fla4, V DOCKET 18, 42), class suit filed for injunction against segregation in all recreational facilities owned or leased by city. Dec. 1960: DC granted injunction.
551.Fla5. Bohler v. City of Tampa. (SD Fla., #3809.) For facts, see VI DOCKET 45. Feb. 2, 1961: DC denied Pl's. motion for summary judgment.
551.Ga3. Williams v. Maclean. (Savannah.) (SD Ga., #1160.)*
551.Miss2. U.S. v. Harrison Co. Bd. of Supervisors. (SD Miss., Biloxi, #2262.)*
551.NC1. Wolfe v. North Carolina. (U.S.S.C.) For facts, see VI DOCKET 45. Cite: 364 U.S. 177.
551.SC1a. Cummings v. City of Charleston. (ED S.C., #7048.) Pl.-Negroes sued for injunctive relief against Def's. refusal to permit Negroes to use Municipal Golf Course; Def. confessed he could not prevail on merits. Nov. 28, 1960: DC held Def's. actions clearly unconstitutional; postponed effect of judgment for 8 mths. Def's. appeal pending.
551.SC2a. South Carolina v. Defendants. (Greenville.) (City Recorder's Ct.)*
551.Tenn3a. Turner v. Randolph. (Memphis.) (WD Tenn., #3525.) For facts, see VI DOCKET 45. After trial Nov. 9, 1960, Defs. submitted proposed consent decree; Pls. opposed form. DC issued order prohibiting segregation in libraries. May 1, 1961: hearing on segregated toilets.
551.Tenn3. City of Memphis v. Palmer, Stikes. (Memphis Muni. Ct.)

and

551.Tenn4. City of Memphis v. Defendants. (Memphis Muni. Ct.) For facts, see V DOCKET 66. Jan. 3, 1961: at request of Asst. City Atty., Cir. Ct. dismissed charges against 40 Negroes convicted of sitting in at public places, refunded $26. to $51. fines because facilities involved — library, zoo, art gallery, museum — now desegregated.
551.Tenn5. Flowers v. Loeb. (Memphis.) (WD Tenn., #3958.)*
551.Tenn6. Watson v. Memphis. (WD Tenn.)*
551.Tex1. Ware v. Statler Hilton Hotel. (ND Tex., #8214.)*
551.Tex2. Willie v. Harris Co. (SD Tex., Houston Div., #11,926)*
552. Dining

552.Ala1. City of Montgomery v. Davidson. (Montgomery Recorder's Ct.)*

and

Cole v. City of Montgomery. (Ala. App. Ct., 3d Div., ##57-64.) Appeals of 8 students for disturbing the peace by assembling at City Hall to pray and sing pending.

552.Ala1a. Dixon v. Alabama State Bd. of Educ. (CA 5, #18641.)*
552.Ala4. Rev. E. King v. City of Montgomery. (Ala. App. Ct., 3d Div.)*
552.Ala4a. City of Montgomery v. King and Embry. (Ala. App. Ct., 3d Div.) For facts, see VI DOCKET 46. Appeal filed, emphasizing King was (white) guest of hotel, Embry his (Negro) guest; innkeepers have common law duty to serve all guests.
552.Ala5. City of Birmingham v. Rev. Shuttlesworth. (Jefferson Co. Cir. Ct.)*
552.Ala10. City of Birmingham v. Burks. (Birmingham Muni. Ct.)*
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552.Ark1. Briggs, Smith, Lupper v. Arkansas. (Ark. Sup. Ct., ##4992, 4994, 4997.) Nov. 30, 1960: 7 Negro students arrested during sit-in at Woolworth's; charges: creating disturbance in public place of business, refusal to leave business establishment after request. Convicted; 60 days and $500. each. Jan. 1961: appeals argued.
552.Dela1. Burton v. Wilmington Parking Auth. (U.S.S.C., #164.)*
552.Fla2. Steele v. Tallahassee. (U.S.S.C.)*
552.Fla3. Armstrong v. Tallahassee. (formerly listed as Brock v.) (U.S.S.C.)*
552.Fla4. Florida v. Robinson. (Dade Co. Cir. Ct., 11 Jud. Cir., #5041 cr.) For facts, see VI DOCKET 46-7. Jan. 30, 1961: conviction affirmed.

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

552.Fla5b. Tallahassee v. Parker. (Tallahassee City Ct., Crim.) For background, see Parker, 552.Fla5 and 5a. Dec. 1960: on release from 90 day sentence in Jacksonville and arrest in Nashville sit-in, Def. returned to Fla. State Univ.; denied readmittance. Def. arrested on main street. Charge: vagrancy; convicted; 17 days.
552.Ga1. City of Atlanta v. Defendants. (Fulton Co. Ct.)*
552.Ga6. Andrews v. Lindsay. (Atlanta.) (DC Ga., #7287.)*
552.Ga7. Gibson v. Okarma. (Atlanta.) (DC Ga., #7288.) For facts, see VI DOCKET 47. Jan. 10, 1961: DC dismissed complaint after Def. closed city hall cafeteria to all but employees and guests.
552.Ga10. Georgia v. King. (Atlanta City Ct.)*
552.Ga10a. Georgia v. Rev. King. (Atlanta.) (Ga. Ct. of App., ##38648, 38718.) For facts, see VI DOCKET 47. Appeal pending from traffic conviction, claiming improper and excessive sentence, warrant charged no offense. Appeal pending from revocation of probation after sit-in arrest, raising Fourteenth Amendment and state law claim of invalid condition of probation.
552.Ga11. Georgia v. Defendants. (Atlanta.) (City Ct.)*
552.Ga4. Georgia v. Defendants. (Savannah.) (Chatham Co. Ct.) For facts, see VI DOCKET 47. Convictions affirmed.
522.Ga12. Georgia v. 89 Defendants. (Atlanta.) (Fulton Co. Ct.) Feb. 8, and 9, 1961: 89 Negro students arrested after sit-ins at lunch counters; refused to post $100. bonds; awaiting indictment in jail.
522.Ga13. Georgia v. 8 Drs. (Atlanta.) (Fulton Co. Ct.) Feb. 20, 1961: 8 Negro Drs. attending medical society meeting at Biltmore Hotel demanded service in cafeteria; refused to leave cafe; arrested. Charge: trespassing. Released on $100. bond; pending.
552.La1. Garner, Briscoe, Hoston v. Louisiana. (Baton Rouge.) (formerly La. v. Moss, Morris.) (U.S.S.C., ##617, 618, 619.) For facts, see VI DOCKET 47. La. Sup. Ct. affimed convictions. Dec. 31, 1961: petitions for certiorari filed alleging no proof Defs. disturbed the peace as charged, their equal protection and free speech denied. Pending.
552.La2. Louisiana v. Goldfinch, et al. (New Orleans.) (Jud. Dist. Ct.) For facts, see VI DOCKET 47. Jan. 1961: 4 Defs. convicted of criminal mischief; 60 days and $350. each. Appeals pending.
552.La3. Louisiana v. Goldfinch. (New Orleans.) (Orleans Parish Ct.)*
552.La4. Louisiana v. Peters, Rogers. (New Orleans.) (Crim. Ct.) While Negro-Def. sat at Woolworth's lunch counter, white-Def. talked to him. Police stopped white-Def. at door, asked if he was encouraging Negro-Def. Both Defs. arrested; charge: criminal mischief, criminal trespass, disturbing the peace. Def. filed brief; prosecution abandoned.

Walter Rogers, pro se.

552.Md1. Slack v. Atlantic White Tower System. (CA 4.) (181 F. Supp. 124.) Pl.-Negro refused service at Def.-restaurant in interstate chain. Class action filed for declaratory and injunctive relief. Feb. 1960: DC dismissed complaint: Md. legislature repeatedly defeated equal accommodations bills, Def's. status as foreign corp. does not make its action state action without Fourteenth Amendment prohibitions, nor does its holding state license to operate public restaurant. Dec. 28, 1960: CA 4 affirmed.
552.Mo2. Missouri v. Defendants. (Columbia.) (Police Ct.) Dec. 10, 1960: 2 U. of Mo. faculty members, 1 white and 2 Negro students denied service at restaurant; refused to leave. Arrested; charge: trespassing; released on bond. Pending.
552.NC3. North Carolina v. Avent. (Durham.) (N.C. Sup. Ct., #654.) For facts, see VI DOCKET 48. Jan. 20, 1961: N.C. Sup. Ct. affirmed 7 trespass convictions, held no denial of Fourteenth Amendment rights because no state action involved in enforcement of racial segregation through use of trespass law.

William A. Marsh, Jr., Esq., Box 125; M. Hugh Thompson, Esq., Box 1422; C. O. Pearson, Esq., 203½ E. Chapel Hill St.; W. G. Pearson, Esq., 336½ E. Pettigrew St.; F. B. McKissick and L. C. Berry, Jr., Esqs., Box 125, all of Durham, N.C.

552.NC4. North Carolina v. Williams. (N.C. Sup. Ct., #440.) For facts, see VI DOCKET 48. Muni. Ct. convicted Def. of trespass; 30 days and $50. Jan. 20, 1961: N.C. Sup. Ct. affirmed (see 552.NC3).
552.NC8. North Carolina v. Defendants. (Greensboro, N.C.)*
552.NC9. North Carolina v. Fox, Sampson. (Raleigh.) (N.C. Sup. Ct., ##5477, 5478.) 2 Defs. arrested in sit-in; convicted under trespass act; 30 days. Feb. 4, 1961: N.C. Sup. Ct. affirmed convictions.
552.SC1. City of Sumter v. Defendants. (Sumter Muni. Ct.)*
552.SC1a. City of Sumter v. Defendants. (Sumter.)*
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552.SC2b. South Carolina v. 9 Defendants. (Orangeburg.) Feb. 1, 1961: 9 Negro Defs. arrested after taking food at all-white lunch counter. Charge: trespassing. Pending.
552.SC3a. City of Columbia v. Bouie. (Richland Co. Genl. Sess. Ct.) For facts, see VI DOCKET 48. Appeals pending.
552.SC4a. South Carolina v. Jones. (Rock Hill.) (Recorder's Ct.) Feb. 1, 1961: 10 Negro college students convicted of trespassing at lunch counter; $100. or 30 days; Defs. appealed; 8 served terms. Feb. 7, 1961: 4 Negroes convicted in drugstore sit-in; $100. or 30 days; 4 served terms.
552.SC7. City of Spartanburg v. Defendants. (Spartanburg Recorder's Ct.)*
552.SC9. Byrd v. Gary. (Darlington.) (S.C. Sup. Ct.)*
552.SC10. City of Charleston v. Mitchell. (Charleston Co. Gen. Sess. Ct.) 24 arrested in sit-ins; charge: trespassing, interfering with policeman in discharge of his duties; convicted. Appeal pending.
552.Tenn4a. City of Nashville v. Carnaham. (City Ct., #889.) For facts, see VI DOCKET 48. Nov. 22, 1960: Defs. convicted of disorderly conduct; $5. Appeal to Cir. Ct. pending.
552.Tenn6. Tennessee v. Parsons. (Memphis.) (Shelby Co. Ct.)*
552.Tenn7. Tennessee v. Stewart. (Jackson Muni. Ct.) Jan. 1961: Def.-dean of men, Lane College, snapped photo of Coca Cola vending machine, with signs "white customers only", in sports store. Arrested; charge: disorderly conduct. Def. convicted; $15.
552.Tex2. Briscoe, Rucker, Tucker, Johnson v. Texas. (Marshall.) (Tex. Ct. of Crim. App., ##32,347, 32,518, 32,612, 32,626.) For facts, see VI DOCKET 48. Defs. among 37 arrested; convicted of unlawful assembly; $400. each. Dec. 14, 1960: Ct. of Crim. App. reversed, directed prosecution dismissed for uncertainty of information.
552.Tex2a. Crossley, Rucker v. Texas. (Marshall.) (Tex. Ct. of Crim. App., ##32,718, 32,719.) For facts, see VI DOCKET 48, #552.Tex2. Defs. convicted of going on premises of another, remaining there after being ordered to leave; $200. each. Jan. 25, 1961: Ct. of Crim. App. reversed, held ordinance invalid as denying equal protection because no reasonable classification where for same offense peddlers subject to only $25. fine.
552.Va5. Randolph v. Virginia. (Richmond.) (Va. Sup. Ct. of App., #5233.) 33 Negro Defs. arrested in sit-ins; charge: trespass after warning in violation of new Va. law; convicted. On appeal, all Defs. to be bound by this record.
552.Va5a. Tinsley v. Virginia. (Richmond.) (Va. Sup. Ct. of App., #5232.) Def. arrested for failing to move on or separate when ordered by police while sympathizing with students picketing store; convicted. Appeal pending.
552.Va8. Virginia v. Rev. Williams. (Petersburg.) (Hustings Ct.) For facts, see VI DOCKET 48-9. All Defs. convicted in Police Ct. Awaiting trial de novo in Hustings Ct.
552.Va9. Virginia v. Defendants. (Hopewell.) (Police Ct.) For facts, see VI DOCKET 49. Defs. convicted; awaiting trial de novo in Hustings Ct.
552.Va10. Virginia v. Brumback. (Lynchburg.) (Crim. Ct.) Feb. 6, 1961: 4 white, 2 Negro college students (Lynchburg College, Randolph-Macon, Va. Theological Seminary and College) arrested at lunch counter sit-in; charge: trespass. Convicted; 30 days.
552.Va11. Owen and Brumback v. Virginia. (ED Va.) Class action filed by 121 Negro and 4 white persons, all Defs. in sit-in cases (Petersburg, Hopewell, Lynchburg), testing constitutionality of new Va. anti-trespass law. Issue: whether sit-in arrests use police power of state to enforce segregation in violation of Fourteenth Amendment. 3-judge ct. empaneled; pending.

Jordan, Dawley and Holt, Esqs., 726 E. Brambleton Ave., Norfolk; Jay Schwartz, Esq., Madison, Wis.

553. Others

553.NY1. Patterson v. Max Beauty Salon. (Mineola, L.I.) (Nassau Co. Dist. Ct.) For facts, see VI DOCKET 49. Dec. 1, 1960: Dist. Ct. dismissed Pl.-husband's case, held only person discriminated against can sue. Pl.-wife's suit pending.
553.Tenn1. Tennessee v. Freeman and Exum. (Memphis.) (Shelby Co. Crim. Ct.)*
553.Tenn2. Tennessee v. Ford. (Memphis.) (Shelby Co. Crim. Ct., #86492.)*
553.Va4. Wells v. Chief Judge Gillam, Petersburg Muni. Ct. (ED Va., Richmond Div.) For facts, see VI DOCKET 49. Integration of DC contemplated; consent dismissal by Pl.
560. Family Matters
561. Marriage and divorce

561.1. Oyama and Jordan v. Pima Co. Clerk. (Ariz. Sup. Ct.)*
562. Adoption
Case note:

The religious factor in adoption proceedings: Stone Adoption Case, (57 Lancester L. Rev. 51, Pa. 1960), 65 Dick. L. Rev. 60-3.

563. Custody

563.8. Begley v. Begley. (N.Y. Sup. Ct., App. Div., Brooklyn.) 1950: Lutheran Def., pregnant by Roman Catholic Pl., agreed to raise children as Catholics if Pl. married her; parties married. Jy. 1960: Sup. Ct. granted Pl. separation from Def., custody of couple's 3 children to be raised as Catholics. Feb. 2, 1961: Def's. appeal argued.

Morris Shapiro, Esq., 350 Fifth Ave., NYC.

Amicus brief field by Am. Jewish Congress, 15 E. 84th St., NYC.

Enforceability of antenuptial agreement to rear children in specific religious faith: Doe v. Roe (143 N.Y. L. J. 114, p. 14, Je. 14, 1960): 6 N.Y. L. F. 522-28.

564. Miscellaneous
- 77 -

570. Employment
571. Racial discrimination
Reports:

Wis. F.E.P.C., Biennial Report—1958-1960. (634 N. Second St., Milwaukee.)

Colo. Anti-Discrimination Comm., Sixth annual report. (328 State Services Bldg., 1525 Sherman St., Denver.)

President's Comm. on Gov't. Employment Policy. (Washington, D.C., 1960.)

Guide:

Calif. Fair Employment Practice Comm., Guide to preemployment inquiries. (Box 603, San Francisco.)

Booklet:

Management and Industrial Relations Comms., Merit employment. (Pa. F.E.P.C., 1401 Labor and Industry Bldg., Harrisburg.)


571.15. Conley v. Gibson, Bro. Ry. Clerks. (SD Tex., Houston Div., #8443.)*
571.21. Cooks v. Bro. Ry. Carmen; Texas and New Orleans RR. (SD Tex., Houston, #12329.)*
571.25. Colorado Anti-Discrimination Comm. v. Continental Air Lines. (Denver Dist. Ct., #19215.) For facts, see VI DOCKET 49. Oct. 25, 1960: on rehearing, Dist. Ct. dismissed complaint, held Comm. without jurisdiction because Def. is interstate carrier over whom fedl. gov't. has preempted the field. Appeal pending.
571.30. Am. Jewish Congress v. Carter, NY S.C.A.D. and Aramco. (N.Y. Ct. of App.) (19 Misc. 205, 190 N.Y.S. 2d 218.) 1956: Pl. complained that Def.-Co., owned by Standard Oil, questions prospective employees in NY about their religion; stated reason: Co. sends employees to Saudi Arabia, which prohibits employment of Jews. S.C.A.D. ruled Aramco exempt from certain provisions of N.Y. F.E.P.C. Act. Jy. 15, 1959: Sup. Ct. annulled S.C.A.D. ruling. Remanded. Jan. 5, 1961: Aramco's appeal argued; decision awaited.

Shad Polier, Esq., 15 E. 84th St., NYC.

571.35. Local 2, Liquor Salesmen's Union v. N.A.A.C.P. (NYC Sup. Ct.) For facts, see VI DOCKET 50. Mar. 1960: Pls. obtained order enjoining Metropolitan Package Store Assn. from inducing its members to buy from Negro salesmen on list prepared by Economic Action Comm. instead of from Pl.-white union members.

And see 571.35a.

571.35a. Levine v. Young, Economic Action Comm. (NYC Sup. Ct.) Pl.-white liquor store owner in Harlem sued for injunction against picketing by Defs. Jan. 10, 1961: Ct. held Def. guilty of criminal contempt of order in 571.35, deferred punishment; held unlawful for Negroes to discriminate against whites; enjoined further picketing by Defs.
571.37. City of Detroit v. Michigan Fair Employment Practices Comm. (Wayne Co. Cir. Ct.)*
571.38. Dr. Hawkins v. N.C. Dental Society. (WD N.C., #1505.)*
571.41. Credit Bureau of Albuquerque v. New Mexico Fair Employment Practices Comm. (Dist. Ct., N.M.)*
571.42. Temmelman v. Ortho Pharmaceutical Corp. (N.J. Super. Ct., App. Div., #A-941-59.) Pl.-Orthodox Jewish girl hired by Def., asked time off to observe Passover, refused to work Sats.; fired. Pl. sued for $55,000. damages. Super. Ct. dismissed suit, held no violation of Pl's. civil rights since all employees treated the same, tho felt result "somewhat sad". Dec. 27, 1961: App. Div. affirmed.

Ira B. Dworkin, Esq., 80 Main St., Flemington, N.J.

571.43. Butts v. NY Central Ry. System. (N.Y. S.C.A.D.) Pl.-Negro filed job bias complaint against Def., alleging refusal to admit Negroes to apprenticeship training program for electrical generator station at Grand Central Terminal. Pending.
571.44. Arnett v. Seattle Genl. Hospital. (Wash. State Bd. Against Discrim.) Pl.-Negro charged Def. refused to give her application blank. Nov. 16, 1960: public hearing on charges, evidence Def. hired Negroes in some depts., not dietary dept. Dec. 21, 1961: State Bd. ordered Def. to offer Pl. first vacancy in dietary dept. for which she qualifies; ordered Def. to post F.E.P.C. law, advise all supervisory employees of law, place its provision in admr. manual.

Wing Luke and Elihu Hurwitz, Asst. Attys. Genl., Seattle.

571.45. Re Taylor Township School Bd. (Mich. F.E.P.C.) Jy-Oct. 1960: public hearings held on complaints charging Bd. with racial discrimination in refusing to hire 2 Negro teacher applicants. Nov. 9, 1960: F.E.P.C. held for Comps.; ordered Bd. to offer Comps. teaching jobs for 1961-62 and back pay for 1959-61 (less earnings from other employment); ordered Bd. to cease all discriminatory hiring; rejected contention Mich. Educ. Law authorizing Supt. to determine teacher qualifications leaves F.E.P.C. without jurisdiction.
571.46. Re Atchinson, Topeka and Santa Fe Ry. Co.; Intl. Bro. Ry. Carmen, Local 713. (Calif. F.E.P.C., #LA-1.) Andrews, Negro coach cleaner, worked 14 yrs. for Ry. without any demerits. Feb. 15, 1960: Andrews filed complaint with F.E.P.C. charging Ry. with refusing his request for promotion to carman. Mar. 21: complaint served on Ry. Mar. 30: Ry. discharged Andrews for violation of rule. Issue: want of jurisdiction of F.E.P.C. under Labor Code Sec. 1420 because Ry. in interstate commerce, under I.C.C. regulations. Before hearing, Union agreed to reinstate Comp. without penalty or loss of seniority, to take active steps to seek Comp's. promotion to carman. F.E.P.C. consented to dropping Union as Resp. Jan. 9, 1961: public hearing. Feb. 24, 1961: F.E.P.C. denied motion to dismiss; found Ry. committed unfair labor practice; ordered Comp. reinstated with back pay, to be promoted to next vacancy in line with his seniority; Ry. to cease all discrimination on basis of race and retaliation against employees who file complaints with F.E.P.C.

Charles E. Wilson, Esq., Calif. F.E.P.C., P.O. Box 603, San Francisco.

A. L. Wirin, Esq., A.C.L.U., for Comp., 257 S. Spring St., Los Angeles.

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572. Sex discrimination

572.1. Beary v. Queens Co. Bar Assn. (N.Y. Sup. Ct., Queens Co.)*
572.2. Freeman v. Bank of America. (Calif. Div. of Industrial Welfare.) 1949: Calif. enacted Equal Pay law, Labor Code Sec. 1197-5. 1960: Pl. publicity writer for Def. paid $465/mth.; male worker doing same work paid $680/mth. Def. refused to increase Pl's. pay; Pl. quit; filed complaint. Feb. 7, 1961: Div. held Def. in violation of Equal Pay law, ordered Pl. paid difference between man's pay and Pl's. pay.
580. Civil Actions under Civil Rights Law Not Otherwise Covered

580.3. Pettus v. Schlet. (ED Mich.)*
590. Criminal Prosecution under Civil Rights Law
And see 420.12, 420.14.
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