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CIVIL LIBERTIES DOCKET
Vol. VII, No. 1
November, 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

Law review articles:

Anthony Lewis, The Supreme Court and its critics, 45 Minn. L. Rev. 305-332.

Arthur S. Miller, A note on the criticism of Supreme Court decisions, 10 J. of P.L. 139-151.

GENERAL CONSTITUTIONAL MATERIAL:

Study:

William J. Brennan, Jr., The Bill of Rights and the states. Center for Study of democratic institutions, 24 pp.

Law review articles:

Edmund G. Brown, The right to petition: political or legal freedom? 8 U.C.L.A. L. Rev. 729-34.

Edward J. Bander, The Dred Scott case and judicial statesmanship, 6 Vill. L. Rev. 514-524.

Wallace Mendelson and Samuel Krislov, Jefferson on judicial review, 10 J. of P.L. 113-124.

Robert A. Leflar, Some observations concerning judicial opinions, 61 Col. L. Rev. 810-820.

Grant Gilmore, Legal realism: Its cause and cure, 70 Yale L. Rev. 1037-1048.

Harry W. Jones, Law and morality in the perspective of legal realism, 61 Col. L. Rev. 799-809.

Wolfgang Friedmann, Legal philosophy and judicial lawmaking, 61 Col. L. Rev. 821-845.

Wilfrid E. Rumble, Jr., Jerome Frank and his critics: Certainty and fantasy in the judicial process, 10 J. of P.L. 125-138.

William P. Murphy, State sovereignty and the drafting of the Constitution — IV, 32 Miss. L. Rev. 227-242.

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

The first freedom: anthology, Robt. B. Downs, ed. Am. Library Assn. 1960. 469 pp. $8.50.

Comment:

The constitutional right to anonymity: Free speech, disclosure and the devil, 70 Yale L. Rev. 1084-1128.

Analysis:

J. Edgar Hoover, Report prepared for Senate Internal Security Subcomm. on individuals who concentrate on negative side. Sept. 29, 1961, Washington, D.C.

10. Licensing
11. Meetings

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

(U.S.S.C.) Facts: VI DOCKET 1, 51. Oct. 9, 1961: U.S.S.C. denied certiorari; Calif. Sup. Ct. decision, holding non-communist oath unconstitutional requirement for organizational use of public school buildings for meetings, stands.

11.6. Rockwell v. Morris. (N.Y. Ct. of App.) Facts: VI DOCKET 51-52, 101. Cite: 175 N.E. 2d 162.

And see 58.21

11.7. Florida ex rel. Feldman and Ray, (Emma Lazarus Organization) v. City of Miami Beach.

(3d Dist. Ct. of App.)*

11.9a. Young, Social Folk-singing Group v. Morris. (NY Sup. Ct., App. Div., 1st Jud. Dept., #3866.) Facts: VI DOCKET 101. App. Div. reversed, granted Pls'. petition for reconsideration of Def's. denial of park permit for folk-singing, following Def's. indication of willingness to issue permit.
12. Motion Pictures

12.15. Times Film Corp. v. Chicago. (U.S.S.C., #34.) Facts: VI DOCKET 1, 52. Cite: 365 U.S. 43.

Case notes:

27 Brooklyn L. Rev. 343-46; 12 Syra. L. Rev. 398-99; 109 U. of Pa. L. Rev. 1010-14; 1961 Wis. L. Rev. 659-68; 38 U. of Det. L.J. 483-89; 61 Colum. L. Rev. 921-26; 6 Villa. L. Rev. 567-71; 33 R. Mntn. L. Rev. 421-24; 21 La. L. Rev. 807-12; 7 Wayne L. Rev. 589-96.

- 2 -

12.16. 20th Century-Fox Film Corp. v. Boehm; Wm. Goldman Theatres and Pa. Assn. of Amusement Industries v. Dana, Pa. State Bd. of Motion Picture Control. (Pa. Sup. Ct., Mid. Dist., ##23, 22.) Facts: VI DOCKET 1. Jy. 26, 1961: Pa. Sup. Ct. affirmed lower ct. decision holding 1959 Motion Picture Control Act, P.L. 902, 4 P.S. §70.1, unconstitutional. Def.-Pennsylvania's petition for certiorari pending in U.S.S.C.

Arlin M. Adams, Bernard G. Segal, Wm. A. Schnader, Esqs., 1719 Packard Bldg., Philadelphia; Edwin P. Rome, Morris L. Weisberg, Blank, Rudenko, Klaus & Rome, Esqs., 1660 Suburban Station Bldg., Philadelphia.

Amicus appearance by A.C.L.U. of Pa., 260 S. 15th St., Philadelphia.

13. Peddlers
14. Books, Magazines (see also 52)
Book:

Marjorie Fiske, Book selection and censorship, U. of Calif. Press, 145 pp. $3.75.


14.9. Massachusetts Attorney General v. A Book Named "Tropic of Cancer." (Suffolk Co. Super. Ct., #78841 Eq.) Action brought by Atty. Genl. for adjudication of obscenity of Henry Miller's novel. Sept. 25-28, 1961: trial; decision awaited.

William P. Homans, Jr., 53 State St., Boston, for intervenor Marboro Book Club, Inc.; Ephraim London, Esq., 1 E. 44th St., NYC, for intervenor Grove Press, Inc.

14.10. Haiman v. Morris, Acting Police Chief of Village of Skokie. (Cook Co. Super Ct.; 61 S 19718.) Oct. 10, 1961: 11 Illinois suburban police chiefs ordered book dealers to cease selling Miller's "Tropic of Cancer", seized some copies, threatened arrest for failure to so act. Oct. 16, 1961: Pl.-university philosophy professor and Pl.-housewife filed complaint, alleging: 1) Pls'. right to be able freely to buy and read the book and have access to it; 2) conspiracy by Defs. to prevent access to this book. Issue: whether Defs'. actions against the book, without trial or hearing, denied due process; Pls'. First Amendment rights. Oct. 18, 1961: hearing on Pls'. motion for temporary injunction.

Joel J. Sprayregen, Esq., 38 S. Dearborn, and Bernard Weisberg, Esq., 231 S. LaSalle, both of Chicago, for Ill. Div., A.C.L.U., 19 S. LaSalle, Chicago.

15. Miscellaneous

15.1. New York v. Ziegler. (NYC Magis. Ct.)*
20. Administrative Restrictions
21. Customs

21.3. Upham v. United States Custom Service. (SD NY.) Oct. 1960: On Pl's. return to U.S., Def. seized Pl's. copy of Henry Miller's "Tropic of Cancer", charging book was obscene. Pl. sued for recovery, challenging Customs' censoring authority. June 27, 1961: DC dismissed suit for failure to file it in ED NY, indicated book not legally obscene but somewhat "nauseating and repulsive".

Ephraim London, Esq., 1 E. 44th St., NYC.

22. Post Office

22.12. Four Star Publications, Inc. v. Erbe, individually and as Iowa Atty. Genl. (CA 8, ##16492, 16495.)*
22.13. U.S. Post Office v. "Tropic of Cancer". (DC DC.) Suit filed complaining Def.-book is obscene. June 13, 1961: Pl. dismissed complaint, following advice of Justice Dept.
23. Government Information and Secrecy

23.11. Matter of New York Post Corp. v. Moses, Triborough Bridge and Tunnel Auth. (N.Y. Ct. of App.) Facts: VI DOCKET 53. Jy. 7, 1961: N.Y. Ct. of App. reversed (5-2), held Def.-public corporation not subject to general laws applicable to gov'tal. agencies; duty of legislature to set extent of public scrutiny thereon. Desmond, C.J., diss.: Def. is board acting on behalf of NYC and subject to Genl. Muni. Law §51. Fuld, J., diss.: Public Officers Law §66 also gives member of public, including newspaper, right to inspect Def's. books and records, citing Matter of New York Post Corp. v. Leibowitz, III DOCKET 23, 2 NY 2d 677.

M. Marvin Berger and Burton M. Marks, Esqs., 110 Washington, NYC.

23.16. Louisville Courier-Journal v. Curtis. (U.S.S.C.) Facts: VI DOCKET 102. Cites: 335 S.W. 2d 934, certiorari denied 364 U.S. 910.

Case note:

49 Ky. L.J. 597-600.

Case note:

Newspaper access to records: Grand Forks Herald v. Lyons, 101 N.W. 2d 543 (N.D. 1960), 37 N. Dak. L. Rev. 304-05.

24. Miscellaneous

24.9. Shuttlesworth v. Connor. (CA 5, #18838.)*
24.10. Smith v. Cremins. (CA 9.)*
24.12. Re Richard G. Jones. (Wash. State Supt. of Public Inst.) Facts: VI DOCKET 53.*

Kenneth A. MacDonald, Esq., Alaska Bldg., Seattle.

30. Economic Restrictions

30.1. Independent Productions Corp. v. Loew's, Inc. (SD NY, Civ., #110-304.)*
30.3. Anderson, Comm. to Secure Justice for Morton Sobell v. Moses and Tavern-on-the-Green Restaurant. (SD N.Y., #143-369.) (185 F. Supp. 727.)*
30.5. Wagner v. Post Office. (U.S. Post Office.)*
30.5a. Pranger v. Break (formerly listed as v. San Bernardino Air Pollution Control Dist.) (U.S.S.C.) Facts: VI DOCKET 102. U.S.S.C. denied certiorari. Cite: 366 U.S. 964.

Lewis Garrett, Esq., 1250 Wilshire Blvd., and Lionel Richman, Esq., both of Los Angeles.

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30.6. Eustace v. Postmaster General and U.S. Civil Service Commission. (DC DC.) Facts: VI DOCKET 2-3. Oct. 18, 1961: hearing on cross-motions for summary judgment.
30.7. Young v. Motion Picture Assn. of America. (CA DC.) Facts: VI DOCKET 53, 102. Appeal pending.

Amicus appearance by A.C.L.U. of S. Calif., 323 W. 5th St., Los Angeles.

30.8. Ciepley v. Intl. Assn. of Machinists. (ND Ill., E.D., #60 C 1840.)*
30.9. Mitchell v. Intl. Assn. of Machinists. (Dist. Ct. of App., 2d App. Dist., Calif., #24913.) Facts: VI DOCKET 80. Oct. 11, 1961: appeal argued.
30.10. Koch v. Bd. of Trustees, U. of Ill. (Ill. Sup. Ct.) VI DOCKET 103. June 27, 1961: Cir. Ct. dismissed action. Appeal pending.
40. Contempt
41. Federal Courts
42. State Courts

42.4. Atlanta Newspapers, Inc. v. Georgia. (Ga. Sup. Ct.) Facts: VI DOCKET 3. Cite: 216 Ga. 399, 116 S.E. 2d 580.

Case note:

14 Vand. L. Rev. 1013-17.

42.5. Evers v. Mississippi. (Miss. Sup. Ct., #41,960.) Facts: VI DOCKET 53.*

R. Jess Brown, Esq., Vicksburg, Miss.; Jack H. Young, Esq., 115½ Farish St., Jackson, Miss.

43. Other agencies
50. Criminal Sanctions
51. Disorderly conduct

51.8. Storey v. Davis. (Cook Co. Super Ct., #60 S 9228.)*
51.16. New York v. Cartagena and Bonet. (NYC Magis. Ct.)*
51.19. South Carolina v. Carras, Stradley. (Sumter Muni. Ct.)*
51.20. Chicago v. Clark and Carlock. (Chicago Muni. Ct.) Armed Services Day, 1961: Defs. stood on public street in downtown Chicago discussing the just-concluded parade, surrounded by 75 to 100 people. Crowd dispersed on police order, one Def. asking officer whether there was a law against peaceful assembly. Officer: "Yes". Def.: "Show me the law". Officer: "I will, at the station", arresting Def. As a protest, second Def. sat down in front of police car and was arrested; then went limp. At trial, on motion, Defs. discharged.

Cyril D. Robinson, Esq., 79 W. Monroe, Chicago.

52. Obscenity (see also 12, 14)
Law review article:

William B. Lockhart and Robert C. McClure, Obscenity censorship: The core constitutional issue — what is obscene? 7 Utah L. Rev. 289-303.

Comment:

Youth, obscenity, and the law, 1 Washburn L.J. 220-231.


52.20. U.S. v. Frew. (ED Mich., #37550.)*
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.

52.25. Mapp v. Ohio. (U.S.S.C.) See case folowing 303.29.
52.30. Marcus v. Search Warrant of Property. (U.S.S.C.) Facts: VI DOCKET 4, 103. Cite: 367 U.S. 717.
52.31. Bantan Books, Inc. v. Sullivan. (R.I. Sup. Ct.)*
52.33. California v. Aday. (Alameda Co. Super. Ct., #31900.) [Aday v. Super. Ct., 55 AC 796, 362 P. 2d 47.] Facts: VI DOCKET 4, 54, 103. Motion to set aside indictment pending. Fresno Muni. Ct., after hearing, ordered all seized private papers returned; decision on which books not "contraband" awaited. Similar actions in Burbank Muni. Ct.
52.35. Tenney v. Liberty News Distributors. (N.Y. App. Div., 1st Dept.) Facts: VI DOCKET 81, 103. Second case tried; awaiting decision.
52.37. Gerstein v. "Pleasure Was My Business". (11th Jud. Cir., Dade Co., Fla.) Facts: VI DOCKET 81, 103. Trial ct. ruled expert testimony on contemporary community standards to be heard by court without jury, rejecting State's motion that ct. read book and make determination re obscenity as matter of law. Cross-appeals from ruling pending.
52.38. New York v. Richmond Co. News, Inc. (N.Y. Ct. of App.) Facts: VI DOCKET 103. Cite: 175 N.E. 2d 681.
52.40. Massachusetts v. Interstate News Dealers Supply Co. (Suffolk Dist. Ct.) Defs. charged with violating act re possession and distribution of obscene literature. Police, with warrant, searched Defs'. premises, seized pictures and magazines. Issue: search warrant oath based on suspicion, without supporting evidence; warrant did not describe with particularity things to be seized. May 1961: Defs. convicted after trial. Appeal pending.

And see 52.41.

52.41. Interstate News Dealers Supply Co., Inc. v. Boston Police Commr. (DC Mass.) Defs. in 52.40 filed complaint, alleging facts in 52.40, seeking injunction against Police using material seized, and to order its return. DC dismissed, citing Stefanelli v. Minard, 342 U.S. 117.
52.42. California v. Shaver. (San Mateo Super. Ct.) In trial of Defs. under Pen. C. §311.1 for selling obscene literature, Ct. rejected testimony by expert witnesses, found sufficient evidence that Defs. had knowledge of character of books. Appeal pending.

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

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52.43. Indiana v. Kuebel. (Ind. Sup. Ct., #29,920.) Def. charged with possession and sale of obscene matters in violation of Burns' 1960 Cum. Supp. §10-2803. Marion Crim. Ct. sustained Def's. motion to quash affidavit. Jan. 31, 1961: Ind. Sup. Ct. (3-2) affirmed; held statute did not require scienter, but imposed strict and absolute criminal liability, in violation of First Amendment rights; entire act unconstitutional.

Charles W. Symmes, Frank A. Symmes, George A. Henry, Esqs., all of Indianapolis.

53. Defamation

53.1. Alabama v. Salisbury. (Bessemer Cir. Ct.)*

And see 61.11, 61.12.

53.2. California v. Michaels. (L.A. Dist. Ct. of App.) Facts: VI DOCKET 81. Ct. of App. dismissed State's appeal for want of substantial question. Case closed.
54. Sedition (see also 241-4)

54.1. U.S. v. Powell. (ND Calif., S. Div., #35065.) Facts: VI DOCKET 4-5, 104. 1953: Collector of Customs seized Defs'. personal library on their return from China, charging violation of Foreign Agents Registration Act, material not importable, material held as evidence in principal case. June 1961: following dismissal of indictment, Collector returned library to Defs.
55. Picketing

55.4. Fair Share Organization v. Kroger Co., Local 1460-Retail Clerks Intl. Assn.-AFL-CIO. (Ind. App. Ct., Indianapolis.) (176 NE 2d 205.) Facts: VI DOCKET 5. Jy. 3, 1961: Ind. App. Ct. denied App't's. motion for order reversing injunction against picketing, since Appee. had dismissed original action pending oral argument of appeal.

And see 55.4a, 55.4b.

See 55.8.

55.4a. Indiana v. Coleman. (Michigan City City Ct.) Sept. 27, 1961: Fair Share Organization began picketing Central Drugstore for failure to hire Negro clerks. Oct. 13, 1961: Def. arrested for distributing handbill announcing meeting. Issue: constitutionality of ordinance prohibiting and regulating distribution of handbills, under First and Fourteenth Amendments. Pending.

Anderson, Hicks and Anderson, Esqs., 1706 Broadway, and Hilbert L. Bradley, Esq., 1649 Broadway, all of Gary.

And see 55.4b.

55.4b. Mitnick d/b/a Central Fourth Street Drugstore v. Fair Share Organization. (Michigan City Super. Ct.) Suit by employer for injunction against picketing by Def. to force Pl. to hire Negroes, and for $25,000. damages. Issues: does picketing violate equal protection of law; anti-injunction act, §40-504-514. Pending.

Anderson, Hicks and Anderson, Esqs., 1706 Broadway, and Hilbert L. Bradley, Esq., 1649 Broadway, all of Gary.

And see 55.4 .4a.

And see 55.8.

See cases at 571.

55.7. Tennessee v. Defs. (Madison Co. Ct.)*
55.8. B & B Cash Grocery Stores, Inc. v. Young Adults for Progressive Action. (Cir. Ct., 13th Jud. Cir., Hillsborough Co., Fla., Chancery, #124971-C.) Jan. 1961: Def.-organization began picketing Pl. to cause change in policy of hiring Negroes only in menial jobs. Aug. 1961: Pl. sued for injunction against all picketing, for $125,000. compensatory and $50,000. punitive damages. Sept. 1, 1961: Ct. denied Def's. motion to dismiss, found no labor dispute between parties, took judicial notice that Fla. has not passed proposed FEP Act, held "peaceful picketing of an employer's place of business for the purpose of forcing the employer to hire members of the negro [sic] race is unlawful, and enjoinable by State Court. Peaceful picketing does not equate to freedom of speech. Hughes v. Super Ct., 339 U.S. 460 (1950)". Def's. answer filed, pending.

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

See cases at 571.

See 55.4, 55.4a, 55.4b.

55.9. Nevada v. Williams. (Tonopah.) Sept. 20, 1961: Def. arrested while picketing atomic test site and passing out pacifist literature. Charge: trespassing. Def. convicted; $60. fine — Def. refused to pay, given 90 days.
55.10. California v. Wheeler. (Berkeley Muni. Ct.) Sept. 24, 1961: 11 pacifists sat down in front of Atomic Energy Commission offices. Charge: blocking entrance when ordered to disperse. Sept. 25, 1961: All pleaded guilty. 2 Defs. sentenced 60 days, 2 to 30 days, 1 to 10 days, 6 given suspended sentences.

Vernon Moore, Esq., 1512 Franklin St., Oakland.

55.11. U.S. v. Dellinger. (D.C. Dist. Ct.) May 2, 1961: 7 Defs. arrested while protesting U.S. policy in Cuba during vigil in front of CIA bldg. in Washington. Charge: breach of peace. Convicted; $10. fine — Defs. refused to pay, sentenced to 10 days.
55.12. Philadelphia v. Defs. (Phila Muni. Ct.) Oct. 6, 1961: marchers protesting U.S. invasion of Cuba attacked by onlookers, then arrested. 4 marchers indicated for inciting to riot and assault. Trial date: early 1962.
56. "Corrupt Practices"

56.3. Intl. Assn. of Machinists v. Street. (U.S.S.C.) Facts: VI DOCKET 104. Cite: 367 U.S. 740.
57. Vagrancy

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

Report:

Tucson's "war on vagrants" and its results, Arizona Civil Liberties Union, 907 E. Third St., Tucson. 7 pp.

58. Miscellaneous
See cases at 120.
58.14b. New York v. Turner. (NYC Magis. Ct.) Apr. 28, 1961: Def. participated in City Hall Plaza peace demonstration
- 5 -

during civil defense drill. June 26, 1961: during trial, Ct. rejected proffer of testimony by CCNY physics prof. re-effect of H-bombs dropped on NYC, rejected Def's. argument that NYC provided no shelters as defined in Defense Emergency Act. Convicted; 30 days.

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

58.20. Connecticut v. Kanegson. (New London Co. Ct.) Aug. 17, 1961: 8 Defs. tried to board Polaris submarine, stopped by Coast Guard. Charges: (1) breach of peace, (2) resisting arrest. Convicted; $100. on (1), $50. on (2) — Defs. refused to pay, sentenced to 75 days. Defs. objected to conditions in Montville State Jail, fasted; released after serving 9 days.

Matthew Shafner, Esq., New London, Conn.

58.21. Louisiana v. Rockwell. (App. Div., Crim. Dist. Ct., Orleans Parish.) May 31, 1961: Defs.-Am. Nazi Party members arrested while trying to picket film "Exodus" and NAACP rally. Charges: breach of peace, committing act designed to provoke and alarm the public; conspiracy to do same. Crim. Ct. acquitted on first count, convicted on other two. Appeal pending.

Louisiana Civil Liberties Union and ACLU by Benjamin E. Smith, Esq., 406 Civic Center Bldg., 234 Loyola Ave., New Orleans.

58.22. North Carolina v. Crowder, Covington, Lawry, Reap, Rorie and Williams. (Union Co. Super. Ct.) Week of Aug. 22, 1961: Freedom Riders picketed in court house square protesting discrimination. Aug. 27: White mob attacked pickets; white couple wandered into New Town, main Negro neighborhood, in effort to avoid traffiic jam caused by rioting. Couple taken into home of N.A.A.C.P. leader Williams allegedly for safety from excited Negro crowd. Def.-Lawry allegedly moved couple's car. Def.-Williams notified police of white couple's presence. Indictments issued charged Def.-Williams with kidnapping; 4 Negro-Defs. charged with shooting officer in leg. Issues: discrimination in grand jury selection; police brutality; impossibility of fair trial in Monroe; insufficient facts to warrant indictments, etc. Pending.

Conrad Lynn, Esq., 141 Broadway, NYC; William Kunstler, Esq., 511 - 5th Ave., NYC; M. C. Boyette, Esq., Carthage, N.C.; Jordan, Dawley and Holt, Esqs., 721 E. Brambleton Ave., Norfolk, Va.

60. Civil Sanctions
61. Defamation

61.4. Steinberg v. O'Connor. (DC Conn.)*
61.9. The New York Times v. Sullivan. (Ala. Sup. Ct., 3d Div. #961.)*
61.9a. Commr. James v. The New York Times. (Montgomery Cir. Ct.)*
61.9b. Commr. Parks v. The New York Times. (ND Ala.)

and

61.10. Gov. Patterson v. The New York Times. (ND Ala.)
61.11. Mayor Morgan v. The New York Times. (CA 5, #18589.)

and

61.12. Bessemer City Commrs. v. The New York Times. (CA 5, #18589.) Facts: VI DOCKET 6, 105. Oct. 9, 1961: in oral argument before CA, 4 Def.-Negro ministers sought reversal of judgments against them, alleging conspiracy by Pls. to deprive Negroes of their civil rights, and injunctive relief to stay trial of other suits, 61.9a, 61.10.

Charles Conley, Esq., Montgomery, Ala., and Richard F. Watt, Esq., 105 W. Adams, Chicago.

And see new Ala. statute re suing out-of-state newspapers signed by Gov. Patterson Sept. 11, 1961.

61.13. Abernathy v. Montgomery Co. Cir. Ct. (CA 5, #19023.)

And see Salisbury, 53.1.

Case notes:

Relative's interest in a deceased's name or likeness: Bradley v. Cowles Magazines, Inc. (26 Ill. App. 2d 331, 168 N.E. 2d 64, 1960), 22 Ohio St. L.J. 438-41.

Libel per se of Jewish attorney: Maidman v. Jewish Pub. Inc. (355 P. 2d 265, Calif. 1960), 1 Washburn.

L.J. 293-98.

Comment:

Class defamation — scurrilous matters in the mail — federal and state remedies, 6 Villa. L. Rev. 525-531.

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

64.2. Re James L. Creighton. (U. of Calif. Academic Senate.)*
90. Miscellaneous Freedom of Thought

90.2. Westlake Subdivisions Improvement Assns. v. Klein. (San Mateo Super. Ct., #94100.) Facts: VI DOCKET 105. Ct. overruled demurrer.
FREEDOM OF RELIGION (100-199)
110. Separation of Church and State
Comments:

Governmental aid to non-profit religious schools and to children attending them, 33 R. Mt. L. Rev. 355-363.

Restrictions upon holding real property in Kentucky by religious societies and corporations, 49 Ky. L. Rev. 552-562.

Legislative note:

Student grants and the separation of church and state, 12 Syra. L. Rev. 387-394.


110.2. Spalding v. Wooley, et al. (Marion Co. Ct., Ky.)*
110.6. Schempp v. School Dist. of Abington Township. (ED Pa., #24119.)*
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110.8. Engle v. Vitale. (N.Y. Ct. of App.) Facts: VI DOCKET 6. Jy. 7, 1961: N.Y. Ct. of App. (5-2) affirmed, Desmond, C.J., held: 1) no question of denial of free exercise of religion since no pupil required to be present during saying of Regents' prayer; 2) saying prayer daily in public schools does not constitute "establishment of religion" in violation of First Amendment, citing Douglas, J., in Zorach v. Clauson, 343 U.S. 306. Dye, J., diss. (with Fuld, J.): wall between church and state must remain "high and impregnable"; prayer violates this principle, citing Torcaso, 264.1, McCollum, 333 U.S. 203; "However salutary the underlying purpose of the requirement may be, it nonetheless gives to the State a direct supervision and influence that overstep the line marking the division between Church and State and cannot help but lead to a gradual erosion of the mighty bulwark erected by the First Amendment". Appeal to U.S.S.C. pending.
110.10. Chamberlin v. Miami Bd. of Public Instruction. (11th Jud. Cir., Dade Co., #59 C 4928.)

and

110.10a. Resnick v. Dade Co. Bd. of Public Instruction. (Fla Sup. Ct.) Facts: VI DOCKET 7, 106. Cross-appeals pending.
110.14. Anderson v. Swart (formerly Swart v. S. Burlington Town School Dist.) (U.S.S.C.) Facts: VI DOCKET 7, 55, 82, 106. Cite for certiorari denied: 366 U.S. 925.

Case notes:

22 U. of Pitt. L. Rev. 777-80;

59 Mich. L. Rev. 1254-56.

110.17. Dickman v. School Dist. #62-c, Oregon City. (Ore. Sup. Ct.)*
110.20. Brown v. Orange Co. Bd. of Pub. Inst. (Fla Sup. Ct.)*
110.22. Murray v. Baltimore School Bd. (Balt. Co. Ct.)*
110.23. Anderson v. Redwood City. (San Mateo Co. Super. Ct.)*
110.25. Matthews v. Quinton. (Alaska Sup. Ct., #48.) Suit by Pl.-parents to enjoin school authorities from refusing to transport child on public school bus to parochial school. Trial ct.: for Pl. Ala. Sup. Ct. reversed, held unconstitutional act extending public school bus facilities to non-public school children. Pl's. appeal to U.S.S.C. pending.

Alaska Atty. Genl., P.O. Box 2170, Juneau.

110.26. Lewis v. NY Atty. Genl. Lefkowitz. (NY Sup. Ct., Bronx.) Sept. 29, 1961: Pl.-Freethinkers of America sued for injunction to direct Def. to require Port of New York Auth. to cancel leases for construction of Catholic, Protestant and Jewish chapels at Idlewild Airport. Issues: whether Auth., by leasing land to three denominations at nominal rental, "donated valuable land dedicated to public purpose in . . . violation of U.S. constitution"; Pls'. standing to sue. Pending.

Attorney General's Opinion:

July 5, 1961: Kentucky Atty. Genl. Breckinridge ruled mere reading of King James translation of the Bible in public schools, without note or comment, is not sectarian instruction nor does it make public schoolhouse a house of religious worship.

Commissioner of Education's Ruling:

Sept. 7, 1961: N.J. Commr. of Educ. Raubinger dismissed petition of Gould, upheld saying grace before eating, singing Christmas and Hanukkah songs in public schools.

120. Pacifists and Conscientious Objectors
See cases at 58.
120.18. U.S. v. Johnson, Taylor, Gallegos. (CA 9, ##16679, 16276, 16725.)*
120.21. U.S. v. Defendants. (ED S.C.)*
130. Denial of Tax Exemptions
140. Sunday Closing Laws
Analysis:

Leo Pfeffer, The Sunday law decisions. Am. Jewish Congress, 15 E. 84th St., NYC. 7 pp.


140.10. Gallagher v. Crown Kosher Super Market of Mass., Inc. (U.S.S.C.) Facts: VI DOCKET 8, 106. Cite: 366 U.S. 617.
140.10a. Braunfeld v. Brown. (U.S.S.C.) Facts: VI DOCKET 106. Cite: 366 U.S. 599.
140.16. Morein v. Furman, N.J. Atty. Genl. (D.C. N.J.)*
140.19. Two Guys from Harrison-Allentown, Inc. v. McGinley. (U.S.S.C.) Facts: VI DOCKET 8, 106. Cite: 366 U.S. 582.
140.20. McGowan v. Maryland. (U.S.S.C.) Facts: VI DOCKET 8, 106. Cite: 366 U.S. 420.
140.25. Carolina Amusement Co. v. Martin. (U.S.S.C.) Facts: VI DOCKET 8, 106. Cite for certiorari denied: 367 U.S. 904.
140.26. Giant Tiger Drugs, Inc. v. Ohio. (U.S.S.C.) Facts: VI DOCKET 106. Cites: 170 N.E. 2d 71, appeal dismissed 366 U.S. 762.
150. Miscellaneous Restrictions

150.1. In re Ferguson. (formerly listed as Prisoners v. Folsom Prison Warden.) (Calif. Sup. Ct.) (361 P. 2d 417.) Facts: VI DOCKET 107. Apr. 24, 1961: Calif. Sup. Ct. discharged order to show cause, denied petition for writ.

Joseph A. DeCristoforo, Esq., 926 J Bldg., Sacramento.

150.2. Pierce v. Warden LaVallee. (CA 2.) Pl.-Muslim prisoners sued Def.-Warden, charging he placed them in solitary confinement because of their religious beliefs. WD NY dismissed. July 30, 1961: CA 2 reversed, found case stated claim under fedl. civil rights law. Pending.
ASSOCIATION: As affecting the organization itself (200-239)
Report of Attorney General:

Aug. 3, 1961: Calif. Atty. Genl. Mosk reported on John Birch Society.

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200. Privileges
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 245, 291)

203.3. R. Dennis v. U.S. (CA 10; DC Colo.) Facts: VI DOCKET 9. Nov. 13, 1961: argued.

And see Brown, 245.1.

204. Continued existence (see also 213, 223)
See Highlander Folk School, 244.6.
204.1. Ex parte N.A.A.C.P.; Alabama ex rel. MacDonald v. N.A.A.C.P. (Montgomery Co. Cir. Ct.)*

And see 204.1a.

204.1a. N.A.A.C.P. v. Gallion, Ala. Atty. Genl. (U.S.S.C., #303.) (290 F. 2d 337.) Facts: VI DOCKET 107. Oct. 23, 1961: U.S.S.C. granted petition for certiorari, summarily vacated judgment below, remanded to CA 5 with instructions to direct DC to proceed with trial of issues unless within reasonable time, no later than Jan. 2, 1962, State of Ala. accords Pet. hearing on its motion to dissolve restraining order of June 1, 1956 and on merits; DC to retain jurisdiction.
204.3. Revenue Commr. of Ga. v. N.A.A.C.P. (Fulton Super. Ct. Atlanta Jud. Cir., #A-58654.)*
204.4. N.A.A.C.P. Legal Defense and Educ. Fund, Inc. v. Gray (formerly v. Harrison.) (ED Va., #2436.)*
204.4a. N.A.A.C.P. v. Harrison. (U.S.S.C., #689.)*
204.4b. N.A.A.C.P. Legal Defense Fund v. Gray (formerly v. Harrison.) (Richmond Cir. Ct., #B-2879.) Facts: VI DOCKET 10. Dec. 21, 1961: oral argument.
204.4c. Virginia ex rel. Virginia State Bar v. N.A.A.C.P. (Richmond Chancery Ct., #503.)*
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.)*
204.9. N.A.A.C.P. v. Holt, Ark. Atty. Genl. (formerly listed as Arkansas ex rel. Bennett v. N.A.A.C.P. Legal Defense & Education Fund.) (Pulaski Co. Chancery Ct., #114449.) Facts: VI DOCKET 10, 107.
204.17. La. ex rel. Gremillion, Atty. Genl. v. N.A.A.C.P. (U.S.S.C.) Facts: VI DOCKET 10, 107. Cite: 366 U.S. 293.
210. Compulsory Registration
211. 1950 Internal Security Act

211.1. Communist Party of U.S. v. Subversive Activities Control Bd. (S.A.C.B.) (367 U.S. 1.) Facts: VI DOCKET 107-8. Oct. 9, 1961: U.S.S.C. denied Pet's. petition for rehearing.

Leaflets:

Chief Justice Earl Warren's dissenting opinion.

Justice Hugo L. Black's dissenting opinion. Pub. by Citizens' Comm. for Constitutional Liberties, Rm. 1525, 22 E. 17th St., NYC.

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. Kennedy v. Civil Rights Congress. (S.A.C.B., #106-53.)*
211.6. Kennedy 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. Kennedy v. California Emergency Defense Committee. (S.A.C.B.)*
211.12. Blau v. S.A.C.B. (re Colo. Comm. to Protect Civil Liberties.)*
211.13. Veterans of the Abraham Lincoln Brigade v. S.A.C.B. (CA DC, #17174.) 1953: hearings before S.A.C.B. 1955: S.A.C.B. ordered organization to register. Appeal pending.

Organization asked ct. to appoint counsel due to indigence.

212. 1954 Communist Control Act

212.1. Kennedy 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. Kennedy v. Californians for the Bill of Rights. (Dept. of Justice.)*
221.6. Kennedy 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.)*
223. By State authorities

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223.3. Elfbrandt v. Russell, Arizona Gov. Fannin. (Ariz. Sup. Ct.) Pl.- public school teacher filed suit testing constitutionality of 1961 Arizona Communist Control Act section requiring loyalty oath of all public employees, and rest of Act outlawing Communist Party in Ariz., defining sedition. Issues: breadth of oath; lack of standards for determining what organizations fall within proscription; no administrative procedure for determining proscribed organizations; First Amendment rights, including Pl.-Quaker's religious objections to swearing such an oath. Pima Co. Super. Ct. denied Pl's. petition for restraining order to force Def. to continue salary payments to Pl. after she declined to sign oath. Pl. and 2 others teaching without pay. Appeal to Ariz. Sup. Ct. pending.

W. Edward Morgan, Esq., 45 W. Pennington St., Tucson, Arizona.

ASSOCIATION: As affecting members (240-299)
240. Criminal Penalties for Membership
241. Smith Act: conspiracy

241.8. Bary, et al. v. U.S. (292 F. 2d 53.)*

And see Winston, 411.11.

242. Smith Act: mere membership

242.1. U.S. v. Lightfoot. (ND Ill. E.D.) Facts: VI DOCKET 12, 108. Nov. 15, 1961: on trial date, Gov't. moved to dismiss indictment for lack of sufficient evidence.
242.2. Scales v. U.S. (U.S.S.C.) (367 U.S. 203.) Facts: VI DOCKET 12, 108. Oct. 9, 1961: petition for rehearing denied. Trial ct. rejected petition by N.C. residents for reduction of sentence.
242.3. Blumberg v. U.S. (DC Pa.)*
242.4. Noto v. U.S. (U.S.S.C.) Facts: VI DOCKET 12, 109. Cite: 367 U.S. 290.
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.).*
243. 18 U.S.C. 2384
244. Kennedy-Landrum-Griffin Act (29 U.S.C. 504) (see also 203, 291)

244.1. U.S. v. Brown. (ND Calif., S. Div., #37934.)*
245. State Laws

245.6. Highlander Folk School v. Tennessee ex rel. Sloan. (U.S.S.C.) Facts: VI DOCKET 13, 84, 109. Oct. 9, 1961: U.S.S.C. denied Def's. petition for certiorari; case closed. Petition of Highlander Research and Education Center to Tenn. for a charter to carry on an adult education program, including voter and citizenship education, granted, to be established in Knoxville.
250. Civil Disabilities: Federal
251. Federal employment (and see 268)
Law review article:

Felix Rackow, The federal loyalty program — politics and civil liberty, 12 West. Res. L. Rev. 701-725.

See cases at 30.5, 30.6.


251.15. Dew v. Quesada. (DC DC, #4079-60.)*
252. Deprivation of passport rights, right to travel
253. Unfavorable Army discharges

253.9. Olenick v. Brucker. (Army Sec. Bd.)*
253.51. Dr. Belsky v. U.S. (U.S. Ct. of Claims.) Facts: VI DOCKET 13-4, 109. Cite: 290 F. 2d 593.
254. Deprivation of veterans disability payments

254.2. Thompson v. Whittier. (CA DC.)*
255. Deprivation of Social Security rights
256. Deprivation of housing rights
257. Deprivation of Federal licenses
258. Deportation proceedings (see also 358)
259. Denaturalization and Naturalization proceedings (see also 358)
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.) Facts: VI DOCKET 14. Case discontinued on death of Pl.
261.17. Crowe v. County of Wayne, Mich. (Mich. Sup. Ct., #49211.*)
261.16. In Matter of Application of Piliero v. Murphy, NYC Police Commr. (Queens Co. Sup. Ct., #13459—1961.) Pet. passed Civil Service exam for police force; Dec. 1960: certified to Patrolmen's List. Jan. 1961: Def. notified Pet. he would not be appointed. May 18, 1961: hearing; Def. affirmed prior decision. Oct. 1961: Pet. filed Article 78 C.P.A. suit, alleging Def's. rejection based on gambling activity of Pet's. uncle and summons to Pet's. father several yrs. ago as a horseplayer, despite Pet's. lack of connection with either activity.

Holtzman, Sharf, Mackell and Hellenbrand, Esqs., 120-10 Queens Blvd., Kew Gardens, NYC.

262. Teaching (see also 267, 280 and 342)
Policy Statement:

American Civil Liberties Union, Academic Freedom Comm., Re Security inquiries by prospective gov't. and private employers of students, Oct. 9, 1961. School and Society. Oct. 1961. 1834 Broadway, NYC.


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262.2. Bd. of Trustees, Lasson Union High School v. Owens (Calif. Dist. Ct. of App., 3rd App. Dist.)*
262.3. Minnesota ex rel. Landin v. School Bd. of Ind. School Dist. #720, Shakopee. (Dist. Ct., 1st Jud. Dist., Scott Co.) Mar. 2, 1960: Def.-Bd. voted to terminate Relator's contract because "Your philosophy of education appears to be in conflict with standards acceptable to the school board and the people . . ." Rel. requested a hearing, at which Def. read four examples of Rel's. objectionable behavior; no testimony was taken by either side. Jy. 12, 1960: Dist. Ct. held Def.-Bd. failed to comply with Minn. Stats., §125.12, Subd. 3 requiring school bds. to give reasons for termination of contracts, and present evidence at hearing when requested, set aside Bd's. motion terminating contract.

Donald M. Fraser and John Ligtenberg, Esqs., Glencoe, Minn.

262.4. Re Dr. Alan MacEwan. (Univ. of Ariz. Faculty Grievance Comm.) Respondent asst. botany prof. was conscientious objector during World War II; 1960: visited Cuba and expressed favorable reaction to Castro regime over local TV, was active in Tucson Peace Center. One week after participating in peace demonstration before Davis-Monthan Air Force Base, Resp. dismissed by Univ. for unsatisfactory work. Faculty Comm. upheld dismissal.

Ariz. Civil Liberties Union and Am. Assn. of Univ. Professors investigating.

262.5. Pls. v. Bd. of Ky. State College. . May 1961: 2 Pl.-profs. and 11 students filed $650,000. damage action against Def.-Bd. for dismissing them in 1960: Issue: whether Pls. dismissed for anti-segregation activities with C.O.R.E. Pending.
263. Denial of State unemployment insurance rights (see also 346)

263.2. Communist Party v. Catherwood. (U.S.S.C.) Facts: VI DOCKET 15, 85, 110. Cite: 367 U.S. 389.

Case note:

36 N.Y.U. L. Rev. 1224-28.

264. Denial of State licenses

264.1. Torcaso v. Watkins. (U.S.S.C.) Facts: VI DOCKET 15, 110. Cite: 367 U.S. 488.
264.3. Sabel v. N.Y. Motor Vehicle Commr. Hults. (N.Y. Ct. of App.) Facts: VI DOCKET 15. NY Ct. of App. affirmed, held knowingly false statement in 1958 application sufficient basis for revocation of license and refusal of new license. Pl. sought new license; granted.
265. Proceedings against attorneys and Bar applicants (see also 345, 373)

265.4. In re Schlesinger. (Pa. Sup. Ct.) Facts: VI DOCKET 15-16. Jy. 18, 1961: Pa. Sup. Ct. dismissed disbarment proceedings, held: 1) improper for subcomm. of Comm. on Offenses to hold hearings; Comm. should have investigated charges, reported to Co. Ct. for Ct. trial; 2) error to take judicial notice that Communist Party sought violent overthrow of gov't. and to reject proffer of contrary evidence; 3) membership in Communist Party alone did not connote culpability or lack of attachment to principles of Constitution; 4) "not a word in this record" that Resp. engaged in advocacy of proscribed doctrine; 5) very little of probative value in testimony of 4 witnesses against Resp.; 6) Resp. did not invoke Fifth Amendment privilege improperly.
265.5. In re Steinberg. (Allegheny Co. Common Pleas Ct., Pa.)*
265.21. Konigsberg v. State Bar of California. (U.S.S.C.) Facts: VI DOCKET 16, 110. Cite: 366 U.S. 36.
265.23. In re Anastaplo. (U.S.S.C.) Facts: VI DOCKET 16, 110. Cite: 366 U.S. 82.
265.25. Marshall v. State Bar of California. (Calif. Sup. Ct.)*
265.26. In re Application of Brooks. (U.S.S.C.) Facts: VI DOCKET 16, 85. Cites: 355 P. 2d 840, 156 Wash. 773; certiorari denied 365 U.S. 813.

Case note:

1 Washburn L.J. 274-78;

36 Wash. L. Rev. 105-13.

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.)*
268.1b. Homer v. Richmond. (U.S. Coast Guard.)*
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.) Facts: VI DOCKET 17, 111. Cite: 367 U.S. 886.

Case notes:

36 N. Dame Lawyer 576-81.

268.18. Margolin v. U.S. (U.S. Ct. of Claims.) Pl. denied security clearance, not paid pending hearing before Industrial Security Bd., which granted clearance. Suit filed for payment of loss of earnings during interim period. Pending.

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

269. Private employment — Other

269.1. Faulk v. AW ARE, Inc. (Sup. Ct., N.Y. Co.) Facts: VI DOCKET 17. Trial date: Feb. 1962.
270. Criminal Penalties for Non-disclosure (see also 330)
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271. Congressional Committee (see also 222, 330)
Books:

Frank J. Donner, The un-Americans. Ballantine, 313 pp. 60c.

Telford Taylor, Grand inquest. Ballantine, 377 pp. 75c.

Harold L. Nelson, Libel in news of congressional investigating committees, U. of Minn. Press. 1961. 174 pp. $4.50.

Law review article:

Norman Redlich, Rights of witnesses before congressional committees: Effects of recent Supreme Court decisions, 36 N.Y.U. L. Rev. 1126-1156.

Article:

Ring Lardner, Jr., On congressional committees, Sat. Eve. Post, Oct. 10, 1961.


271.9. Russell v. U.S. (U.S.S.C.) (cert. granted 366 U.S. 960.)*
271.10. Deutch v. U.S. (U.S.S.C.) Facts: VI DOCKET 18, 111. Cite: 367 U.S. 456.
271.12. Gojack v. U.S. (U.S.S.C.) (cert. granted 366 U.S. 943.) Facts: VI DOCKET 18, 111. Dec. 6, 1961: argument.
271.13. U.S. v. Metcalf. (SD Ohio.)*
271.15. Shelton v. U.S. (U.S.S.C., #246.)*
271.16. Whitman v. U.S. (U.S.S.C.) (cert. granted 366 U.S. 959.)*
271.19. Price v. U.S. (U.S.S.C.) (cert. granted 366 U.S. 959.)*
271.20. Liveright v. U.S. (U.S.S.C.) (cert. granted 366 U.S. 960.)*
271.23. U.S. v. Sullivan. (SD NY, #152-238.)*
271.24. U.S. v. Yarus. (SD NY, #15586.) Facts: VI DOCKET 18. Trial completed; awaiting decision.
271.25. U.S. v. Seeger. (CA 2.)*
271.17. Hartman v. U.S. (U.S.S.C.) (290 F. 2d 460.) Facts: VI DOCKET 18, 111. CA 9 denied petition for rehearing: no basis for reconsideration in U.S.S.C. decision in Deutch, 271.10. Petition for certiorari pending.
271.28. Grumman v. U.S. (U.S.S.C.) Facts: VI DOCKET 18. Petition for certiorari pending.
271.29. Silber v. U.S. (U.S.S.C.) Facts: VI DOCKET 18. Petition for certiorari pending.
271.30. U.S. v. Feuer. (ED La. #26322.)*
271.31. Wilkinson v. U.S. (U.S.S.C.) (365 U.S. 39.) Facts: VI DOCKET 19, 85.

and

271.32. Braden v. U.S. (U.S.S.C.) (365 U.S. 431.) Facts: VI DOCKET 19, 86. Sept. 1961: Pres. Kennedy, following receipt of petition signed by 2,000, denied executive clemency.
271.33. Yellin v. U.S. (U.S.S.C., #154 Misc.) Facts: VI DOCKET 19, 59, 86. Mar. 1961: Natl. Science Fdation. fellowship awarded Def. June 1961: Fellowship withdrawn after hearings before House UnAm. Act. Comm. and Space Comm. re Def's. pending case. Oct. 9, 1961: U.S.S.C. granted certiorari.
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.) Facts: VI DOCKET 19, 59. June 26, 1961: CA 2 unanimously reversed conviction, held Def. denied fair trial because prosecution permitted to introduce into evidence at trial entire transcript of Def's. testimony before House Comm. on Un-Am. Activities, including matter prejudicial to Def., unrelated to charge of contempt.
271.40. U.S. v. O'Connor. (ND N.J.)*
271.42. U.S. v. Popper. (CA DC.) Facts: VI DOCKET 19, 111. Appeal pending.
271.43. Wheeldin v. U.S. (U.S.S.C.) Facts: VI DOCKET 19. June 19, 1961: U.S.S.C. (8-1) denied certiorari. Def. served 30-day sentence.
271.45. Hutcheson v. U.S. (U.S.S.C., #46.)*
271.47. U.S. v. Tobin. (CA DC.) Facts: VI DOCKET 19. DC convicted Def.; 30 days and $100. Appeal pending.

And see cases at 222.

271.a. Pauling v. Eastland. (U.S.S.C.) Facts: VI DOCKET 19, 59. Cite for cert. denied: 364 U.S. 900.

Case note:

61 Colum. L. Rev. 1159-64.

272. State committees

272.3. DeGregory v. Wyman, Atty. Genl. of N.H. (U.S.S.C., #237 Misc.) Facts: VI DOCKET 20, 59, 86. Oct. 23, 1961: U.S.S.C. (5-4) per curiam affirmed conviction. C. J. Warren, JJ. Black, Douglas, Brennan diss.
272.4a. In Matter of Investigations by Comm. on Offenses Against Administration of Justice. (Richmond City Hustings Ct.) Comm. issued interrogatories to N.A.A.C.P. Legal Fund for names of donors in state who contributed more than $25. during past 3 yrs. Aug. 23-34, 1961: hearing on Fund's motion to quash. Pending.

N.A.A.C.P. Legal Defense & Educational Fund, Inc., 10 Columbus Circle, NYC.

272.10. Rev. Gibson v. Florida Legislative Investigation Comm. (U.S.S.C.) (certiorari granted: 366 U.S. 917.)*
272.12. Jordan v. Hutcheson. (ED Va., Norfolk Div., #3688.) Sept. 1961: 5 officials representing Def.-State Comm. on Offenses Against the Administration of Justice entered offices of 3 Pl.-Negro attorneys, demanding all records in integration actions filed by Pls. for Negro clients, (see ##524.1, VI DOCKET 72; 541.12a, VI DOCKET 73, 97; 553.Va4, VI DOCKET 49, 76; 552.Va10a, VI DOCKET 99), served subpoenas. Oct. 1961: Def.-Comm. took Pls.' income tax
- 11 -

returns under scrutiny. Pls. sued for temporary restraining order against further subpoenas against them by Def.-Comm.; DC issued order. Pls. appeared before Def.-Comm., with some of Pls.' clients similarly subpoenaed, in closed hearings. DC suit for permanent injunction pending. Issues: DC's jurisdiction to act against Def., whose sole function, according to Pl., is to stop integration; Def's. claim of legislative immunity. Pending.

Jordan, Dawley and Holt, Esqs., 721 E. Brambleton Ave., Norfolk; Henry Halvor Jones and Simon L. Cain, Esqs., 815 Fifth St. NW, Washington, D.C.; Roland Watts and Melvin Woulf, Esqs., for Am. Civil Liberties Union, 156 Fifth Ave., NYC.

Amicus appearance by National Lawyers Guild, 154 Nassau, NYC, contested by Def.

And see cases at 204, 213, 373.

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

274.3. McPhaul v. U.S. (U.S.S.C.) Facts: V DOCKET 29, 81. Cite: 364 U.S. 372.

Case note:

33 R. Mntn. L. Rev. 418-21.

280. Civil Penalties for Non-disclosure (see also 342)

280.1. Nostrand v. Little. (Wash. S. Ct.)*

And see cases at 221.

280.5b. Re Nash. (N.Y.C. Bd. of Educ.) (N.Y. State Educ Commr.) Facts: VI DOCKET 21. Teachers appealed to State Educ. Commr. re inaction of NYC Bd. of Educ. on their reinstatement. Pending.
280.5c. Adler v. N.Y.C. Bd. of Educ. (N.Y. Sup. Ct.)*
280.8. Allen v. Office Employees' Intl. Union. (Wash. Sup. Ct.)*
280.11. Wirin v. Ostly. (U.S.S.C.) Facts: VI DOCKET 21, 60, 112. Calif. Sup. Ct. denied petition for hearing. Petition for certiorari pending.

And see Torcaso, 264.1.

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.)

and

280.14. Shelton v. Tucker. (U.S.S.C.) Facts: VI DOCKET 21, 60. Cite: 364 U.S. 479.

Case notes:

7 Wayne L. Rev. 585-88;

32 Miss. L. J. 311-13;

7 N.Y. L. Forum 212-20;

6 Villa. L. Rev. 572-75;

12 Syra. L. Rev. 400-02.

280.15. Cramp v. Bd. of Public Instruction, Orange Co., Fla. (U.S.S.C., #72.) (366 U.S. 934.) Facts: VI DOCKET 22. May 29, 1961: U.S.S.C. postponed further consideration of jurisdiction until hearing on merits. Oct. 16, 1961: oral argument.
280.16. Macks v. Calif. Bd. of Educ. (San Francisco Super. Ct.) Facts: VI DOCKET 60, 112. Sept. 12, 1961: Pls. applied for writs of mandate requiring restoration of their teaching credentials. Pending.
290. Penalties for False Disclosure
291. Taft-Hartley Oath (see also 203, 245)

291.6. U.S. v. Killian. (U.S.S.C.)*
291.7. U.S. v. Fred and Marie Haug. (ND Ohio ED.)*
292. Government Security Questionnaires

292.2. Ogden v. U.S. (CA 9.)*
293. Miscellaneous

293.2. U.S. v. Hucks. (CA DC.) Facts: VI DOCKET 112. CA granted petition to proceed in forma pauperis. Appeal pending.
295. Right of Privacy
Law review article:

Mitchell J. Ezer, Intrusion on solitude: herein of civil rights and civil wrongs, 21 Law in Transition 63-75 (published by Natl. Lawyers Guild, 154 Nassau, NYC.)


295.3. St. Regis Paper Co. v. U.S. (U.S.S.C.)*
295.4. Hall v. Hoag, Jr. (Los Angeles Super. Ct.) May 12-14, 1960: Pl.-U. of Calif. students participated in demonstrations against House Comm. on UnAmerican Activities during hearing in San Francisco, arrested with 60 others, charged with disturbing the peace, inciting to riot. June 1, 1960: charges dismissed against all but 1. May 3, 1961: 3d Pl. acquitted after trial. 1960-61: Pls. debated Defs. re San Francisco demonstration, allege Defs. distributed copies of "mug" shots made by San Francisco police when Pls. arrested. Sept. 6, 1961: Pls. filed suit for invasion of privacy against Defs., asked $540,000. damages. Issue: violation of statute prohibiting use of police information by private persons. Pending.

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

See White, V DOCKET 47, 72; Meisenbach, VI DOCKET 3, 53, 103.

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

Report:

U.S. Commission on Civil Rights, Justice. 1961. 300 pp. Washington, D.C.

Article:

Bernard Weisberg, Police Interrogation of Arrested Persons: a skeptical view, Jour. of Crim. Law, Criminology and Police Science, May-June 1961. 25c from A.C.L.U., Ill. Div., 19 S. LaSalle, Chicago.

Law review article:

E. Barrett Prettyman, Three modern problems in criminal law: the juvenile, the indigent, the incompetent, 18 Wash. & Lee L. Rev. 187-241.

Symposium on Criminal Law: 1960 U. of Ill. L. Rev. 481-571:

Herbert Wechsler, Foreword

Frank J. Remington and Victor G. Rosenblum, Criminal law and legislative process

James V. Bennett, Sentence — its relation to crime and rehabilitation

Sol Rubin, Legal definition of offenses by children and youth

Henry Weihofen, Treatment of insane prisoners

Rollin M. Perkins, Collateral estoppel in criminal cases

Law review articles:

Charles A. Bellows, Jason E. Bellows, and Sherman C. Magidson, Developments in criminal law — 1950-1960, 10 DePaul L. Rev. 339-396.

A. L. Wirin and Paul M. Posner, A decade of appeals, 8 U.C.L.A. L. Rev. 768-805.

300. Searches and Seizures
Law review articles:

Yale Kamisar, Illegal searches or seizures and contemporaneous incriminating statements: Dialogue on a neglected area of criminal procedure, 1961 U. of Ill. L. Rev. 78-147.

Norman B. Miller, Illegally obtained evidence, 10 Cleve.-Marshall L. Rev. 477-81.

John Kaplan, Search and seizure: A no man's land in the criminal law, 49 Cal. L. Rev. 474-503.

Comments:

Search and seizure, 1960 U. of Ill. L. Rev. 575-584.

Standing to object to an unlawful search and seizure, 15 Wyo. L. Rev. 218-223.

Random road blocks and the law of search and seizure, 46 Iowa L. Rev. 802-814.

301. Wiretapping
Law review article:

B. J. George, Jr., "The potent, the omnipresent teacher": The Supreme Court and wiretapping, 47 Va. L. Rev. 751-797.

Comment:

The open ear: Surreptitious conversation monitoring devices, 12 Syra. L. Rev. 361-386.


301.12. Pugach v. Dolinger. (U.S.S.C.) (365 U.S. 468 aff'g. 277 F. 2d 739.) Facts: VI DOCKET 23, 87.

Case notes:

46 Ia. L. Rev. 915-21;

27 Brooklyn L. Rev. 362-68.

301.16. Washington v. Cory. (Wash. Sup. Ct.) Def. arrested on minor charge, held 2 mths. pending trial. Original charge dismissed; Def. charged with 13 counts of burglary and larceny. Ct. granted Def's. motion to impound tape recordings made by sheriff's office during attorney-client conferences, denied motion to dismiss. May 23, 1960: Def. tried, convicted on 5 counts, received mandatory life sentence on each count under subsequent habitual criminal charge. Issues: whether eavesdropping made fair trial impossible; whether new trial would cure resultant prejudice; denial of motion to suppress evidence obtained in admittedly unlawful search and seizure. Appeal pending.

Frederick B. Cohen, Esq., 201-203 Dietz Bldg., Bremerton, Wash.

Amicus appearance by Maurice E. Sutton, Esq., 4736 University Way, Seattle for A.C.L.U. of Washington.

302. Other Federal cases (and see 420)

302.11. Wirin v. Hilden. (SD Calif.) Facts: VI DOCKET 23, 87. Trial date: Dec. 5, 1961.
302.14. Elkins and Clark v. U.S. (U.S.S.C.) Facts: V DOCKET 83. Cite: 364 U.S. 206.

Case notes on "silver platter":

1960 U. of Ill. L. Rev. 589-93;

12 Baylor L. Rev. 436-44.

302.16. U.S. v. Moore. (CA 5.)*
302.18. Chapman v. U.S. (U.S.S.C.) Facts: VI DOCKET 113. Cite: 365 U.S. 610.

Case note:

12 Mercer L. Rev. 422-25.

303. Other State cases (and see 420)

303.5. Franklin v. Gough. (Los Angeles Superior Ct.)*
303.10. Swanson v. McGuire. (ND Ill., #57-C-1164.)*
303.14. Cedeno v. Lichtenstein. (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.) Facts: VI DOCKET 24. Cite for certiorari denied: 366 U.S. 940.
303.22. New York v. Walker. (Mineola 1st Dist. Ct.)*
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303.26. Monroe v. Pape. (U.S.S.C.) Facts: VI DOCKET 24, 88. Cite: 365 U.S. 167.

Case notes:

33 R. Mntn. L. Rev. 416-18;

1961 Duke L.J. 452-59;

12 Mercer L. Rev. 410-12.

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. (Dist. Ct. of App., Calif.) Facts: VI DOCKET 24, 88. Appeal pending.
52.25. Mapp v. Ohio. (U.S.S.C., #236.) Facts: VI DOCKET 4. Cite: 367 U.S. 643.
303.33. Lucero v. Donovan, Carnover. (SD Calif.) Oct. 4, 1960: Def.-police officers entered Pl's. home, without warrant, began searching furniture for narcotics. When Pl. objected, Def. asked "Why don't you go back to Mexico"? Pl. said she was U.S. citizen. Defs. handcuffed Pl., bruising and twisting her wrist; took Pl. to jail where women police attempted to search her body cavities, completing search with assistance from Def.-policemen. Pl. released next day, after seized pills proved to be vitamins; no charges filed against Pl. Jy. 1961: Pl. filed $40,000. damage action, alleging illegal search and police brutality. Pending.

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

Case note:

Unreasonable search and seizure: Benge v. Kentucky (321 S.W. 2d 247, 1959), 26 Mo. L. Rev. 375-80.

310. Indictment
311. Composition of grand jury (see also 510)
312. Character of evidence
(On Jencks point, 353 U.S. 357, and Jencks Act, 18 USC 3500, see 315.)

Law review article:

John M. Maguire, The hearsay system: Around and through the thicket, 14 Vand. L. Rev. 741-78.


312.26. New York v. Molina del Rio. (NY Ct. of Genl. Sess.) Facts: VI DOCKET 114. June 29, 1961: Ct. sentenced Def. to 20 yrs. to life.
313. Entrapment
314. Conspiracy
Article:

Abraham S. Goldstein, The crime of conspiracy, New Republic, May 15, 1961, pp. 8-11.


314.4. Bufalino v. U.S. (CA 2.) Facts: VI DOCKET 25, 63. Cite: 285 F. 2d 408.

Law review article:

Osmond K. Fraenkel, The Apalachin case, 21 Law in Transition 23-34 (published by National Lawyers Guild, 154 Nassau, NYC.)

Case notes:

7 N.Y. L.F. 205-12;

12 Syra. L. Rev. 521-24.

314.5. Cotton v. Super. Ct., Imperial Co. (Calif. Sup. Ct.) Facts: VI DOCKET 114. Aug. 1961: Calif. Sup. Ct. dismissed indictment, held Calif. kidnaping statutes not applicable to strikers attempting to solicit support of Mexican nationals at labor camp.
315. Right to inspect pre-trial statements of government witnesses
(Including Jencks point, 353 U.S. 357, and Jencks Act, 18 USC 3500.)

Law review article:

Edward W. Cleary, Hickman v. Jencks: Jurisprudence of the adversary system, 14 Vand. L. Rev. 865-77.

Comment:

Right of the defendant to inspect statements of witnesses in the hands of the prosecution, 1961 U. of Ill. L. Rev. 187-93.

320. Double Jeopardy
Law review article:

Walter T. Fisher, Double jeopardy, two sovereignties and the intruding Constitution, 28 U. of Chi. L. Rev. 591-613.

321. Federal cases

321.9. Gori v. U.S. (U.S.S.C.) Facts: VI DOCKET 63. Cite: 367 U.S. 364.
322. State cases
330. Self-incrimination: Criminal Sanctions (see also 270)
Case note:

New Jersey v. DeCola: In Matter of Hansen (33 N.J. 385, 164 A. 2d 729, 1960), 10 Amer. U. L. Rev. 224-27.

331. Congressional Committees

331.10. Presser v. U.S. (U.S.S.C., #278.) Facts: VI DOCKET 25, 115. Oct. 23, 1961: U.S.S.C. granted Def's. appeal.
332. State Committees
See DeGregory, 272.3; Jordan, 272.12.
333. Grand juries and tribunals
334. Grants of immunity: federal

334.4. Piemonte v. U.S. (U.S.S.C.) Facts: VI DOCKET 115. Cite: 367 U.S. 556.
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335. Grants of immunity: state

335.5. Slagle v. Ohio. (U.S.S.C.) Facts: VI DOCKET 26, 115. Cite: 366 U.S. 259.
336. Criminal registration laws
337. Miscellaneous
340. Self-incrimination: Civil Sanctions (see also 280)
341. Army discharges (see also 253)
342. Employment — Public teachers (see also 262, 267, 280)

342.3. Lowenstein v. Newark Bd. of Educ. (N.J. Sup. Ct.) Facts: VI DOCKET 26, 116. Sept. 1961: Pl. reinstated as language dept. head, position to which he was to be promoted when discharged May 1955. Def. agreed to payment of $50,999 as 6 yrs. back pay.
342.4. San Francisco Bd. of Educ. v. Mass. (1st Dist. Ct. of App.)*
342.11. Bd. of Public Educ. v. Intille. (U.S.S.C.) Facts: VI DOCKET 26-7, 64. Cites: 401 Pa. 1, 163 A. 2d 420, certiorari denied: 364 U.S. 910.

Case notes:

49 Ky. J. Jour. 583-87;

74 Harv. L. Rev. 1656-59.

343. Employment — Other public officers (see also 261)
344. Employment — Private (see also 30, 268, 269)

344.6. United Electrical Workers, Local 610. v. Westinghouse Airbrake Co. (Allegheny Co. Ct. of Common Pleas, #3132.)*
344.9. Sief v. Bethlehem Steel Co., United Steelworkers Union. (Balt. City Super. Ct., 52213. — 1958 — 1054.) Facts: VI DOCKET 27. Suit dismissed.
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.) Facts: VI DOCKET 27, 116. Cite: 366 U.S. 117.
346. Unemployment insurance and Social Security (see also 263)
350. Due Process
351. Delay in arraignment

351.1. Buono v. Kenton. (U.S.S.C.)*
352. Grand Jury procedures
353. Confessions

353.3. Reck v. Pate. (Chi. Crim. Ct.) (367 U.S. 433.) Facts: VI DOCKET 27, 116. Crim. Ct. dismissed when State indicated it had no case without Def's. confession.
353.8. California v. Atchley. (U.S.S.C., #95.) Facts: VI DOCKET 28, 116. Cite for dismissal: 366 U.S. 207.
353.14. Coppola v. U.S. (U.S.S.C.) Facts: VI DOCKET 116-17. Cite: 365 U.S. 762.
353.15. Culombe v. Connecticut. (U.S.S.C.) Facts: VI DOCKET 117. Cite: 367 U.S. 568.

Case notes:

Confession obtained during unnecessary delay between arrest and preliminary hearing, in violation of Fedl. Rules of Crim. Proc. 5(a), admissible if reaffirmed after Def. apprised of constitutional rights at preliminary hearing: Jackson v. U.S. (285 F. 2d 675, CA DC 1960), 47 Va. L. Rev. 884-89.

Admissibility of unsigned confessions in evidence: Tiner v. State (122 So. 2d 738, Ala. 1960), 13 Ala. L. Rev. 455-58.

354. Unfair press releases

354.1. Irvin v. Dowd. (U.S.S.C.) Facts: VI DOCKET 117. Cite: 366 U.S. 717.
355. Perjured testimony (see also 312)

355.4. Sobell v. U.S. (U.S. Pardon Atty.)*
356. Courts martial

356.8. Bell v. U.S. (U.S.S.C.) Facts: VI DOCKET 28, 117. Cite: 366 U.S. 393.
356.12. Sgt. Stobo C. West v. U.S. (Navy Bd. of Rev.) Def.-Marine sgt. courtmartialed on black market charges; convicted; 5 yrs. On appeal, Def. argued 43-day confinement in sweat-box (4 ft. wide, 7 ft. long, 8 ft. high) illegal. Aug. 31, 1961: Bd. of Rev. affirmed conviction, held confinement "admittedly onerous" but it "met the prescribed standards", was fully authorized on basis of status and behavior, but term cut to 4 yrs. on this account.

Law review articles:

Robert Girard, The constitution and court-martial of civilians accompanying the armed forces — A preliminary analysis, 13 Stan. L. Rev. 461-521.

Symposium on Uniform Code of Military Justice, 35 St. John's L. Rev. 197-322.

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

358.8. Kennedy, Atty. Genl. v. Mendoza-Martinez. (U.S.S.C.)*
358.15. Williams v. Sahli. (U.S.S.C.) (292 F. 2d 249.) (Earlier litigation: 145 F. Supp. 567, aff'd. 250 F. 2d 127, certiorari denied: 356 U.S. 946, 970; 166 F. Supp. 734, aff'd. 271 F.
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2d 228, certiorari denied: 361 U.S. 966.) Facts: VI DOCKET 29, 65. Jy. 3, 1961: CA 6 dissolved temporary injunction preventing Pet's. deportation pending final disposition of his appeal from deportation order. Jy. 3, 1961: Def. ordered Pet. deported. Sept. 27, 1961: petition for certiorari filed. Issue: failure to decide important question of constitutional law (see VI DOCKET 65). Pending.
358.17. Rusk v. Cort. (U.S.S.C.) (187 F. Supp. 683; prob. jurisdiction noted: 365 U.S. 808.)*

Case note:

59 Mich. L. Rev. 960-64.

358.20. Re Albert Gallo. (Imm. & Nat. Serv. Spec. Inquiry Officer.) 1920: Rel. jumped Italian ship, entered U.S. illegally. Sept. 12, 1961: Rel. arrested for deportation, released on $10,-000. bail. Issue: whether arrest after 41 yrs. U.S. residence was discriminatory and arbitrary, an attempt to deport father because of illegal acts of his two American-citizen sons. Pending.

Elmer Fried, Esq., 295 Madison Ave., NYC.

358.51. Heikkila v. Barber. (CA 9.) (Soc. Sec. Bd. Referee.)*
358.52. Re Daniels. (Imm. Hg. Officer.)*
358.57. Perez-Varela v. Esperdy. (U.S.S.C.) Facts: VI DOCKET 29, 118. Cite: 285 F. 2d 723, certiorari denied 366 U.S. 925.
358.58. U.S. v. Wm. and Marina Sim. (Imm. Serv.)*
358.59. U.S. v. Marks. (SD NY.) Facts: VI DOCKET 118. Bd. of Imm. App. affirmed determination that Pet. is "stateless" deportable alien. Habeas corpus proceeding testing Bd. ruling pending; Pet. released on $10,000. bail.
358.60. Marcello v. Kennedy. (CA DC #16553.) 1910: Def. brought to U.S. from Italy at age 8 mths. 1938: Def. convicted under Marihuana Tax Act. 1953: Def. arrested for deportation for 1938 conviction. 1955: U.S.S.C. Justice Black ordered Imm. Serv. to give Def. 3 days notice of proposed deportation. Apr. 5, 1961: Def. reported to Imm. Serv. in regular visit as alien; handcuffed; forbidden to phone family or obtain clothes or money; driven to airport, flown in Imm. Serv. plane to Guatemala. June 5, 1961: Def. arrested in U.S. for illegal entry, deportation proceedings instituted, $10,000. bond. Appeal from deportation order pending in CA. Issues: constitutionality of §243(a) (7) permitting deportation of alien to any country which will accept him; is this cruel and unusual punishment.

David Carliner, Esq., and Jack Wasserman, Esq., Warren Bldg., Washington, D.C., and Lawrence Speiser, Esq., 1612 Eye St. NW for A.C.L.U. of Washington, D.C.

358.a. U.S. v. Dear Kai Gay; U.S. v. Joe Wing Gong. (ND Calif.) Under so-called "Chinese confessions program" of Imm. Serv., immunity from prosecution offered to members of Chinese community who confess true identites to Serv. after using false identities to enter U.S. Defs. indicted for conspiracy to conceal facts re citizenship and falsely represent self as citizen in violation of 18 U.S.C. §§1001, 371, and §1425, unlawful procurement of certificate of citizenship. Issue: whether Defs. singled out for prosecution because of membership is now defunct organization alleged to be sympathetic to Communist China. DC denied motion to dismiss and for production of documents to show prosecution witnesses themselves entered U.S. by claiming false identities but received immunity from prosecution. Oct. 16, 1961: trial date.

Lloyd McMurray, Esq., 785 Market St., San Francisco.

359. Loyalty hearings (see also 251 and 268)
360. Speedy and Public Trial
Case note:

Right to public trial: Lang v. Alabama (122 So. 2d 533, 1960), 13 Ala. L. Rev. 441-46.

370. Right to Counsel
371. Federal cases
372. State cases
Law review article:

Marjorie Lee Webb, The right to counsel in criminal cases in Missouri, 28 U. of K.C. L. Rev. 160-69.

Comment:

Representation of indigents in California — A field study of the public defender and assigned counsel systems, 13 Stan. L. Rev. 522-65.

Case notes:

Constitutional right to counsel: In re Wakefield v. Rhay (157 Wash. Dec. 61, 356 P. 2d 596, 160); In re Aichele v. Rhay (157 Wash. Dec. 70, 356 P. 2d 326, 1960); Griffith v. Rhay (282 F. 2d 711, CA, 1960), 36 Wash. L. Rev. 113-20.

373. Indirect restrictions (see also 265, 345)

373.1. Re Gladstein. (DC Hawaii.)*
373.6. Matter of Isserman. (N.J. Sup. Ct.) Facts: IV DOCKET 25, V DOCKET 13. (Prior litigation: 9 F.R.D. 394 (1949), 182 F. 2d 416, affirmed 343 U.S. 1 (1952); 9 N.J. 269, 316 (1952); 271 F. 2d 784 (CA 2 1959). June 30, 1961: N.J. Sup. Ct., following CA 2 reversal of Pet's. disbarment from fedl. ct., reversed 1952 decision, ordered Pet. reinstated in N.J. Bar, under test requiring "showing of impressive circumstances unknown to the judges who rendered the verdict", in this case, lack of similar action against other Dennis case defense counsel, reversal of disbarment orders by USSC and CA 2.

Basil Pollitt, Esq., 52 Sydney Pl., Brooklyn; John O. Bigelow and Milton M. Unger, Esqs., 744 Broad St., Newark, N.J.

373.8. Otto L. Tucker, Atty. v. 7th Dist. Comm. of Virginia State Bar. (Va. Sup. Ct. of App.) Facts: VI DOCKET 30, 118. Cite: S.E. 2d 366.

And see Jordan, 272.12.

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374. Opportunity for appellate review

374.1. Eskridge v. Rhay. (formerly v. Wash. Bd. of Prison Terms.) (Wash. Sup. Ct., #35844.) (158 Wash. Dec. 553, 562.) Facts: VI DOCKET 30, 66. Pet's. appeal dismissed on own motion. Pet. filed motion for writ of habeas corpus. Aug. 31, 1961: Wash. Sup. Ct. decision did not pass on matters raised by appeal.
374.12. Bailleaux, et al. v. Hatfield. (U.S.S.C.) Facts: VI DOCKET 30, 66, 91. Oct. 9, 1961: U.S.S.C. denied certiorari.
374.15. Smith and Marshall v. Bennett. (U.S.S.C.) Facts: VI DOCKET 118. Cite: 365 U.S. 708.
380. Confrontation
381. Criminal cases
382. Civil cases
390. Jury Trials (see also 510)

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

Case note:

Right to waive jury trial held qualified: New York v. Diaz (10 App. Div. 2d 80, 198 N.Y.S. 2d 27, aff'd. memo., 8 N.Y. 2d 1061, 170 N.E. 2d 411, 207 N.Y.S. 2d 278), 35 St. John's L. Rev. 374-78.

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

Privilege of detention for investigation: Collyer v. Kress Co. revisited (5 Cal. 2d 175, 54 P. 2d 20, 1936), 13 Hastings L.J. 156-59.

410. Cruel and Unusual Punishment
411. Criminal cases

411.9. U.S. v. Dunn. (SD Fla., ##11,207 - 11,227.) Facts: VI DOCKET 31.

Report on Raiford Prison Case:

U.S. Commission on Civil Rights, Justice, p. 15. 1961. Washington, D.C.

411.10. Newsom v. California. (Calif. Adult Auth.) Facts: VI DOCKET 31. Oct. 27, 1961: Auth. refused parole to Pet.
411.11. Winston v. U.S. (CA 2.) Facts: VI DOCKET 31. DC dismissed complaint: Fedl. Tort Claims Act does not cover claims for injuries negligently inflicted on fedl. prisoners. Appeal pending.
411.12. Mississippi v. Kennard. (U.S.S.C.) (128 So. 2d 572.)*

And see Evers, 42.5.

411.13. Georgia v. Cobb. (Ga. Pardon and Parole Bd.) (Jasper Co. Super Ct.) Def., 15-yr. old Negro tenant on Dumas farm, indicted for murdering Dumas, 70-yr. old white man, after argument re fishing on lake. Convicted by all-white jury, no recommendation of mercy; death penalty. Ct.-appointed counsel did not appeal. New counsel moved for new trial. Issue: systematic exclusion of Negroes from jury in Jasper Co. Pending.

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

411.14. Dean v. Smith and Chicago. (Cook Co. Cir. Ct., #58 C 12494.) Def.-policeman stopped Pl. in auto for traffic violation. Pl. fled from auto; Def. shot Pl. with pistol, cracking two ribs, nicking spine. Pl. filed damage action. Issue: may police officer use deadly weapon to stop person he believes to be fleeing felon, even if, in fact, person turns out to be only fleeing misdemeanant? Pending.

Ernst Liebman, Esq., 188 W. Randolph St., Chicago.

And see 430.

Comments:

Post-release remedies for wrongful conviction, 74 Harv. L. Rev. 1615-1629.

State post-conviction remedies, 61 Colum. L. Rev. 681-703.

412. Extradition

412.8. In re Williams. (CA 6.)*
412.10. In re Albert Owings. (N.J. Sup. Ct.)*
412.12. New York ex rel. Rev. Cavers v. Grasheim. (Sup. Ct., Queens Co.) Facts: VI DOCKET 66-7, 119. Cite: 214 N.Y.S. 2d 936.

Law review articles:

Fred W. Rausch, Jr., Extradition in Kansas, 28 U. of K.C. L. Rev. 150-59.

Calvin Hamilton, Missouri extradition problems and procedures, 28 U. of K.C. L. Rev. 139-49.

413. Civil cases

413.4. Googe v. Shapiro. (DC Conn., #8857.) Pl. mother of 6 children moved to Conn. from S.C., found employment, applied for aid-to-dependent children. Conn. Welfare Commr. ordered Pl. deported under 1660 Conn. law now §17-269, Conn. Genl. Stats., 195 Supp., re deportation of residents of less than 1 yr. who receive welfare payments from state. Pl. sued for injunction restraining deportation which would cause irreparable damage re personal effects to be transported, loss of Conn. employment, inability to find employment in S.C. Pending.

William D. Graham, Esq., 550 Main St., Hartford.

And see 413.5.

413.5. Polk Co. v. Whitfield, Smith. (Polk Co. Dist. Ct., Des Moines, #7553.) Pl. sued to deport Defs. from Ia. under statute re deportation of relief recipients with less than one yr. state residence. June 28, 1961: Dist. Judge Neeham
- 17 -

granted Defs'. motion to dismiss; held act unconstitutional under U.S. Constitution, Art. IV and Fourteenth Amendment provision protecting privilege of citizenship from state abridgement and permitting alien or citizen to enter any state for temporary or permanent residence.

Sherwin J. Markman, Esq., 400 Empire Bldg., Des Moines, for Ia. Civil Liberties Union.

And see 413.4.

420. Illegal arrest (and see 302, 303)
Report on unlawful police violence:

U.S. Commission on Civil Rights, Justice, pp. 5-28. 1961. Washington, D.C.


420.6. Prof. Genovese v. N.Y.C. (N.Y. Co. Sup. Ct.)*
420.7. Hallowell v. N.Y.C. (NYC Controller.)*
420.8. Goldberger v. Lewis. (San Francisco Super. Ct.)*
420.9. Brooks v. Gray. (San Diego Muni. Ct., #71398.) Facts: VI DOCKET 67. After 3 days of trial, Ct. directed verdict for Def., held sufficient cause for officer to stop Pl.; Pl's. refusal to cooperate reasonable cause for arrest.
420.11. Duble v. Brown and Chicago. (Cook Co. Super. Ct., #60 S 19040.)*
420.12. Hardwick v. Hurley. (ND Ill., E. Div.) (289 F. 2d 529.) Facts: VI DOCKET 67, 119. Awaiting trial.
420.14. Rogers v. Biskup and Chicago. (ND Ill., E. Div., #60C-457.)*
420.16. Rev. Jones v. Shreveport Officials. (WD La.)*
420.18. Von Wolfolk v. Ellison. (San Diego Muni. Ct.) During party for daughter at Negro-Pl's. home, police questioned guests; Pl. queried police. Police arrested Pl., drove him in police car for one hour, returned Pl. to home with apology. Pl. sued for false arrest. Oct. 5, 1961: trial by jury; verdict for Pl.; $700. damages.

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

And see Cedeno, 303.14.

430. Due Process for Juvenile Offenders
See Cobb, 411.13.

See Codarre, 440.1.

Law review articles:

Sol Rubin Legal definition of offenses by children and youth, 1960 U. of Ill. L. Rev. 512-23.

Chester James Antieau, Constitutional rights in juvenile courts, 46 Corn. L. Rev. 387-415.

Comment:

Denial of trial by jury and representation by counsel to juvenile offenders: denial of due process of law and/or equal protection of the laws, 7 Howard L. Rev. 161-71.

Case note:

Eighth Amendment guarantee to juvenile of right to bail pending hearing in Juvenile Court: Trimble v. Stone (habeas corpus #198-60 DC DC 1960, appeal docketed #16037 CA DC), 29 Geo. Wash. L. Rev. 583-89, 7 Howard L.J. 70-80.

440. Due Process for Incompetent Defendants

440.1. New York v. Codarre. (N.Y. Ct. of App., #226.) (285 App. Div. 1087, 140 N.Y.S. 2d 289 (1955) aff'g. 206 Misc. 950, 138 N.Y.S. 2d 18; 5 A.D. 2d 1016, 174 N.Y.S. 2d 123 (1958), aff'g. 8 Misc. 2d 145, 167 N.Y.S. 2d 443; 215 N.Y.S. 2d 731 (1961) aff'g. 24 Misc. 2d 902, 205 N.Y.S. 2d 523.) 1943: Def.-13 yr. old argued with girl friend, killed her during epileptic attack. During trial, Def. pleaded guilty to second degree murder; 30 yrs. to life. May 10, 1960: Def. applied for writ of error coram nobis; denied. May 3, 1961: N.Y. Ct. of App. granted permission to appeal. Issue: whether state procedure which permits epileptic 13 yr. old to plead guilty to murder in any degree violates Fourteenth Amendment due process clause. Oct. 17, 1961: oral argument.

Ducker & Feldman, Esqs., 1775 Broadway; Nancy Carley, Esq., O. John Rogge, Esq., 44 Wall St., all of NYC.

440.2. Lynch v. Overholser. (U.S.S.C.) (288 F. 2d 388.) Def. in bad check case desired to plead guilty. Ct. refused guilty plea, found Def. not guilty by reason of insanity on basis of psychiatric evidence presented by Gov't. over Def's. objection. Issues: right of competent Def. to plead guilty; untilization of D.C. law requiring automatic commitment of any individual found not guilty by reason of insanity, without any finding of present social dangerousness. CA DC held (6-3) for Gov't. Petition for certiorari pending in U.S.S.C.

Lawrence Speiser, Esq., A.C.L.U., 1612 Eye St., NW; Richard Arens, Esq., 2000 P St. NW, both of Washington, D.C.

490. Miscellaneous Due Process

490.6. Poe v. Ullman, State's Atty. (formerly listed as Buxton v.) (U.S.S.C.) Facts: VI DOCKET 32, 120. Cite: 367 U.S. 497.
490.6c. 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.) Facts: V DOCKET 90. Cite: 363 U.S. 144.

Case note:

37 Notre Dame L. 295-97.

490.13. Cella Petition re Sacco and Vanzetti v. Massachusetts. Facts: IV DOCKET 80.

Comment:

The origin of the Sacco-Vanzetti Case, 14 Vand. L. Rev. 987-1006.

490.15. Planned Parenthood Comm. of Phoenix v. Maricopa Co. Medical Director. (Super Ct., Maricopa Co., #112802.)*

Comment:

The right of nondiscriminatory enforcement of state penal laws, 61 Colum. L. Rev. 1103-1141.

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

Annual Report:

U.S. Commission on Civil Rights, Voting; Education; Employment; Housing; Justice. 5 vols. 1961. Washington 25, D.C.

The Fifty States Report to U.S. Comm. on Civil Rights. 1961. 693 pp. $2.50. Washington, D.C.

Book:

Milton R. Konvitz and Theodore Leskes, A century of civil rights, with a study of state law against discrimination. 1961. Columbia Univ. Press. $6.00.

Law review articles:

Mitchell Franklin, Interposition interposed: I, II, 21 Law in Transition 1-22, 77-112. (Published by Natl. Lawyers Guild, 154 Nassau, NYC 38.)

Daniel H. Pollitt, The President's powers in areas of race relations: An exploration, 39 N.C. L. Rev. 238-81.

Theodore J. St. Antoine, Color blindness but not myopia: A new look at state action, equal protection, and "private" racial discrimination, 59 Mich. L. Rev. 993-1016.

Racial discrimination and the role of the state, 59 Mich. L. Rev. 1054-77.

Neil F. Garvey, The amenability of the Governor to court processes, 7 Howard L. Rev. 120-44.

Harry H. Shapiro, Limitations in prosecuting civil rights violations, 46 Corn. L.Q. 532-54.

Manly W. Mumford, Changes in the Illinois law of civil rights, 10 DeP. L. Rev. 267-73.

Joint Memo:

Am. Jewish Comm. and Anti-Defamation League, Reports on 1961 civil rights legislation at state level. Mar 3, Apr. 20, Sept. 29, 1961. 165 E. 56th St., NYC.

Book:

Arna Bontemps, 100 years of Negro freedom. Dodd, Mead. 1961. $3.50.

500. Elections
Annual Report:

U.S. Comm. on Civil Rights, Voting. 1961. 380 pp. Washington 25, D.C.

501. Racial discrimination

501.2. Ivy v. Cole, Registrar. (Halifax Co., N.C.) (ED N.C., Wilson Div., #610-Civ.)*
501.6a. Gomillon v. Mayor Rutherford. (formerly v. Lightfoot.) (Macon Co., Ala.) (MD Ala., #462-E.) (364 U.S. 339, 6 R.R. L.R. 241.) Facts: VI DOCKET 33, 68.

Case notes:

22 U. of Pitt. L. Rev. 773-76;

23 W. Res. L. Rev. 805-09.

501.6b. Livingston v. U.S. (formerly U.S. v. Alabama.) (Macon Co., Ala.) (CA 5.) (6 R.R. L.R. 189.) Facts: VI DOCKET 33, 68, 93. Sept. 22, 1961: DC issued permanent injunction against discrimination by Defs. against Negro voting registrants, as spelled out in Mar. 17, 1961 temporary injunction. Oct. 4, 1961: oral argument in CA 5 on Def's. appeal; pending.
501.8. U.S. v. Raines. (Terrell Co., Ga.) (MD Ga., Americus, #442.)*
501.9a. Camacho v. U.S. Atty. Genl. (SD NY, #60-Civ. 3531.) Facts: VI DOCKET 34, 120. Oct. 21, 1961: 3-judge fedl. ct. upheld NY literacy test for voters in English only, found no fedl. power to supervise state standards, no denial of fedl. rights because of race, creed or color, not unreasonable to require voter to be able to ready synopses of proposed constitutional amendments, etc., printed on ballot in English.
501.11. U.S. v. Thomas, Registrars of Washington Parish, White Citizens Council. (Bogalusa, La.) (ED La.)*
501.11a. Hannah v. Larche (Shreveport, La.) (U.S.S.C.) Facts: VI DOCKET 34. Cite: 363 U.S. 420.

Case note:

7 Utah L. Rev. 402-07.

Law review article:

Frank C. Newman, Due process, investigations, and civil rights. 8 U.C.L.A. L. Rev. 735-67.

501.12. U.S. v. Atkeison. (formerly listeds as v. 82 Defs.) (Fayette Co.) (WD Tenn., #4131.) (6 R.R. L.R. 200.)*

Report on case:

U.S. Commission on Civil Rights, Voting, p. 324. 1961. Washington, D.C.

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.) Facts: VI DOCKET 34. Aug. 21, 1961: DC held for Pl. Nov. 1961: hearing on Def's. motion for new trial.
501.15. U.S. v. First State Bank of Brownsville, Inc. (Haywood Co., Tenn.) (WD Tenn.)*
501.15a. U.S. v. Beaty and Barcroft. (formerly listed as v. 74 Defs.) (Haywood Co.) (WD Tenn, ##4065, 4121. (288 F. 2d 653, 6 R.R. L.R. 201.)*

Report on case:

U.S. Commission on Civil Rights, Voting, pp. 324-5. 1961. Washington, D.C.

501.15b. Tennessee v. Savage. (Haywood Co. Ct.)*

And see 501.5a, 501.12a, 12b.

501.16. Bazemore v. Bd. of Elections. (Bertie Co., N.C.) (Bertie Co. Bd. of Elec.) (119 S.E. 2d 817.) Facts: VI DOCKET 34, 121. Pl. failed second literacy test.
501.17. U.S. v. Hildreth. (Voting Registrars.) In re Gallion. (Sumter Co., Ala.) (ND Ala., ##1011, 1012.) (6 R.R. L.R. 185.)*
501.18. U.S. v. Sharrow. (SD NY, #61 Crim. 275.) Facts: VI DOCKET 34, 121.) Nov. 20, 1961: trial.
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501.19. U.S. v. Alabama, and Thompkins. (Bullock Co., Ala.) (MD Ala., #1677-N.) Facts: VI DOCKET 69. Sept. 13, 1961: DC issued injunction against Defs.
501.20. U.S. v. Deal. (E. Carroll Parish, La.) (WD La., #8132-M.)*
501.21. U.S. v. Majors, Alabama. (Dallas Co., Ala.) (SD Ala., #2584.) Facts: VI DOCKET 93, 121. Pl's. motion to require Defs. to answer oral interrogatories to be set for hearing.
501.22. U.S. v. Manning. (E. Carroll, Parish, La.) (WD La., #8257-M.) Facts: VI DOCKET 121. Nov. 27, 1961: trial date.
501.23. Montoya v. Bolack. (N.M. Dist. Ct., 2d Jud. Dist., Bernalillo Co., #85725.)*
501.24. Andrews v. Courson, Hobson-ch., Democratic Co. Exec. Comm., Registrars. (formerly listed as Pl. v. Registrars.) (Albany and Dougherty Cos., Ga.) (MD Ga., Albany Div., #686 Civ.) Facts: VI DOCKET 121.*

C. B. King, Esq., P.O. Box 1024, Albany, Ga.; D. L. Hollowell, Esq., 859½ Hunter St. NW, Atlanta.

501.25. Bell v. Martin. (ED La., #2432.) Feb. 1961: Complaint filed challenging constitutionality of La. act providing for designation of race of each candidate for public office on nominating papers and on ballots. Pending.

Jack Greenberg, Esq., N.A.A.C.P. Legal Defense & Educ. Fund, Inc., 10 Columbus Circle, NYC.

501.26. U.S. v. Penton, Registrars. (Montgomery Co., Ala.) (MD Ala., #1741-N.) Aug. 3, 1961: Justice Dept. sued for injunction against Def.-registrars, alleging discrimination against Negroes under 1957 and 1960 Civil Rights Acts. Complaint alleged 29,615 of Co's. 62,911 eligible white voters are registered to vote, only 2,885 of Co's. 33,056 eligible Negroes are registered. Pending.
501.27. U.S. v. Citizens Council, Registrar Lucky, Louisiana. (Ouachita Parish, La.) Dec. 1960: DC ordered Def.-registrar to permit Justice Dept. to examine Co. voting records, over Def's. objection. Jy. 11, 1961: Justice Dept. sued for injunction requiring Def. to restore 4,800 Negro voters purged from voting rolls in last 5 yrs. and to register other qualified Negro applicants. Complaint alleged Citizens Council filed affidavits challenging registration of 4,378 Negro voters in Mar.-Apr. 1956, and Def. accepted affidavits knowing they had not been taken under oath and were without personal knowledge of affiants. While 5,500 of Co's. 16,377 eligible Negroes were registered in Jan. 1956, only 725 were registered Apr. 30, 1961, while no. of whites registered remained constant. Pending.

And see Reddix, 501.4, VI DOCKET 33; Sharp, 501.5, V DOCKET 14.

501.28. U.S. v. Fox, Registrar, and Louisiana. (Plaquemines Parish, La.) (ED La.) Oct. 16, 1961: Justice Dept. filed suit asking DC to find Def. followed a "pattern and practice" of racial discrimination, and for injunction ordering Def. to register immediately all Negroes rejected since 1953 who were as qualified as the "least qualified white person" who had been registered. Complaint alleged only 45 of 2,897 voting-age Negroes were registered in Co., while 6,714 of 13,633 white of voting-age were registered. Issues: constitutionality and equal application of La. law requiring applicants to interpret state or fedl. constitution, requirement that registrant state his own age exactly in yrs., months and days. Pending.
501.29. U.S. v. Registrar, and Mississippi. (Panola Co., Miss.) (DC Miss.) Oct. 16, 1961: Justice Dept. filed suit asking DC to find Def. followed a "pattern and practice" of racial discrimination, and for injunction ordering Def. to cease such discrimination. Complaint alleged 10 Negroes of 7,250 voting-age Negroes in Co. were registered, while 5,000 whites of 7,639 voting-age whites were registered. Pending.
501.30. U.S. v. Ramsey, Registrar, and Mississippi. (Clarke Co., Miss.) (SD Miss., Meridian Div.) Jy. 6, 1961: Justice Dept. sued for injunction requiring Defs. to cease racial discrimination in registration practices. Complaitn alleged none of Co's. 2,988 eligible Negroes were registered to vote, while 50% of eligible whites in Co. were registered. Pending.
501.33. U.S. v. Wood, Registrar, and Mississippi. (Walthall Co.) Miss., Hattiesburg Div.) Jy. 6, 1961: Justice Dept. sued for injunction requiring Defs. to cease racial discrimination in registration practices. Complaint alleged 25 of Co's. 7,495 eligible Negroes were registered, while about 50% of Co's. 22,431 eligible whites were registered. Pending.
501.32. U.S. v. Registrars, and Mississippi. (Bolivar Co., Miss.) (ND Miss., Clarksdale Div., #D-C-1-61.) Jan. 1961: Justice Dept. filed suit to require Def.-registrars to open their voting records to fedl. investigators. Hearing: Oct. 23, 1961.
501.33. U.S. v. Wood, Registrar, and Mississippi. (Walthall Co. (SD Miss.) Aug. 3, 1961: Justice Dept. sued for injunction requiring Defs. to register qualified Negroes who had been rejected in the past. Complaint alleged Defs. applied "different and more stringent standards" to Negro applicants than to whites, that none of Co's. 2,490 Negro residents were registered, despite repeated attempts to do so, while substantial majority of Co's. 4,536 whites were registered. Aug. 21, 1961: DC hearing on Pl's. motion to inspect Co. voting records. Pending. Sept. 20, 1961: following incident in 501.33a, Justice Dept. amended complaint to ask prompt relief. Pending.

And see 501.33a.

501.33a. U.S. v. Wood and Craft. (Walthall Co.) (SD Miss.) Sept. 7, 1961: John Hardy, Non-Violent Coordinating Comm. teacher of voter applicants, asked Def.-registrar Wood to administer registration tests to 2 Negro applicants. Def. admittedly hit Hardy on the head after ordering him from the office at gunpoint. Sept. 7, 1961: Def.-Sheriff Craft arrested Hardy, conducted lengthy interrogation, threatened to "beat him within an inch of his life", jailed Hardy on disorderly conduct charges; Hardy released on bail. Justice Dept. petitioned DC for order enjoining prosecution of state charge against Hardy; DC denied petition. Oct. 30, 1961: CA 5 reversed, ordered temporary restraining order
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issued unless Mississippi officials agreed to delay prosecution pending trial on merits of Justice Dept's. allegation that state criminal proceedings are being used to prevent Negroes from registering to vote.

Asst. Atty. Genl. Burke Marshall, head, Justice Dept. Civil Rights Div., Washington, D.C.

501.34. U.S. v. Daniel, Registrar, and Mississippi. (Jefferson Davis Co., Miss.) (SD Miss.) Aug. 3, 1961: Justice Dept. sued for injunction requiring Defs. to register qualified Negroes who had applied in the past. Complaint alleged Defs. applied "different and more stringent standards" to Negro applicants than to whites; that 1,200 of Co's. eligible Negroes were registered in 1955, while a majority of Co's. 3,629 whites were registered, but only 130 Negroes were registered between 1956 and 1960. Aug. 21, 1961: DC hearing on Pl's. motion to inspect Co. voting records. Pending.
501.35. U.S. v. Registrar, and Louisiana. (Madison Parish, La.) (WD La.) Oct. 26, 1961: Justice Dept. sued for injunction forbidding Def. from using system whereby applicants must be identified by 2 registered voters, and other forms of discrimination against Negro applicants. Complaint alleged no Negro has been registered in Co. for at least 36 yrs., while 81% of eligible whites in Co. were registered in 1960, but none would vouch for Negro applicants. Pending.
502. Political discrimination
503. Urban discrimination

503.1. Baker v. Carr. (Tennessee.) (U.S.S.C.) Facts: VI DOCKET 35, 69. Oct. 9, 1961: U.S.S.C. heard reargument.
503.2. Helmsley v. Wells. (SD Ga., # #1203, 1204.)*
503.3. Scholle v. Secy. of State. (Mich.) (U.S.S.C.)*
503.6. W.M.C.A. v. Simon, NY Secy. of State. (SD NY, #61-Civ.-1559.) Facts: VI DOCKET 121. Nov. 15, 1961: motion to dismiss argued before 3-judge ct.

Amicus brief filed by N.Y. Civil Liberties Union, 156 Fifth Ave., NY.

510. Juries
511. Federal employees
512. Racial discrimination
Report on exclusion of Negroes from juries:

U.S. Commission on Civil Rights, Justice, pp. 89-104. Washington, D.C.


512.27. Rev. Anderson v. Alabama. (U.S.S.C.)*

And see Kennard, 411.12.

512.28. New York v. Agron. (N.Y. Ct. of App.) Aug. 1959: Def.-16 yr. old and 13 other Puerto Rican youth attacked non-Puerto Rican youths, 2 of whom were killed. Oct. 1960: after jury trial in N.Y. Ct. of Genl. Sess., 2 Defs. found guilty of first degree murder, death sentences. Jy. 7, 1961: N.Y. Ct. of App. reversed as to one, affirmed as to Def. Agron. Ct. of App. granted stay of execution pending petition of certiorari to U.S.S.C. Issue: whether Def.-16 yr. old Puerto Rican youth, in case involving crime motivated solely by racial hatred against non-Puerto Ricans, was indicted and tried by juries from which Puerto Ricans were arbitrarily excluded. [Issue to be raised if cert. granted: mental state of Def. at time of murder.]

Shad Polier, Stephen Wise Tulin, Esqs., 60 E. 42nd, NYC; Prof. Charles A. Reich, Yale University School of Law, New Haven.

Case note:

Bias and prejudice as proper subject of inquiry in voir dire examination: Lauderdale v. State (343 S.W. 2d 422, Ark. 1961), 37 N.D. L. Rev. 383-85.

513. Economic discrimination
514. Political discrimination
515. Discrimination against women

515.1. Florida v. Hoyt. (U.S.S.C.) Jan. 21, 1958: Def. convicted by all-male jury of second-degree murder of her husband; 30 yrs. at hard labor. Issues: constitutionality of Fla statute excluding from jury duty "all female persons who do not volunteer to serve"; effect of this exclusion of women from jury in trial in which woman's viewpoint very important; arbitrary limitation of no. of women placed on jury list by Fla. statute or action of jury commissioners. Fla. Sup. Ct. affirmed. Petition of certiorari to U.S.S.C. pending.

Amicus briefs by Dorothy Kenyon, Esq., of NYC, for A.C.L.U.; Phyliss J. Shampanier, Esq., of Miami, for Fla. Civil Liberties Union.

520. Education
Annual Report:

U.S. Commission on Civil Rights, Education, 1961. 254 pp. Washington, D.C.

Resolution:

Natl. Education Assn. (teachers), Resolution pledging "continued support" of U.S.S.C. desegregation decision. June 30, 1961.

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.) Facts: VI DOCKET 35. Jy. 21, 1961: DC dismissed complaint. Pls'. appeal pending.
522. Suits to enforce integration

522.Ala3. Koen v. Knight. (Ala. Vocational Schools.) (SD Ala., #2434.) Facts: VI DOCKET 94. Oct. 3, 1961: DC denied Pls'. motion to advance cause on docket.
522.Ala4. Reed v. Washington Co. Bd. of Educ. (Reeds Chapel.) (CA 5.) Facts: VI DOCKET 94, 122. Jy. 7, 1961: DC granted Def's. motion to dismiss. Pls'. appeal pending.
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522.Ark3. Norwood v. Tucker. (Little Rock.) (CA 5.) Facts: VI DOCKET 36, 94, 122. Sept. 21, 1961: DC denied Pls'. motion for admission of more Negro students to Jr. Highs. No appeal; court retains jurisdiction.
522.Ark5. Dove v. Parham. (Dollarway School Dist.) (ED Ark., #3680.) Facts: VI DOCKET 36, 94, 122. Aug. 25, 1961: DC approved Bd., under its desegregation plan, denying admission of some Pls., directed Bd. to admit 2 intervenors at 1st grade level in Sept. 1961.

George Howard, Esq., 329½ Main St., Pine Bluff, Ark.; Robert L. Carter, Esq., N.A.A.C.P. Legal Def. & Educ. Fund, 10 Columbus Circle, NYC.

522.Dela2. Evans v. Ennis. (7 Dela. Cos.) (DC Dela., # #1816-1821.) June 26, 1961: DC upheld Def.-Bd's. short-range desegregation plan providing for registration of Negro children in white schools in area, transfers according to ability of schools to accept them, and long-range plan of total desegregation by 1970.
522.Fla3. Mannings v. Bd. of Public Instruction of Hillsborough Co. (Tampa.) (SD Fla., #3534.)*

And see Oct. 5, 1961 action of Def.-Bd. transferring handicapped son of Negro minister to previously all-white school for handicapped.

522.Fla5. Augustus v. Escambia Co. Bd. of Public Educ. (Pensacola.) (CA 5.) Facts: VI DOCKET 37, 94, 122. Sept. 8, 1961: DC approved Def's. plan for gradual desegregation beginning Sept. 1962, with modifications: must apply to all Co. public schools including white and Negro state junior colleges; parents can apply for admission or transfer of children now, effective Sept. 1962. Pls'. appeal from approval pending.
522.Fla6. Tillman v. Bd. of Public Inst., Volusia Co. (SD Fla., Jacksonville Div., #4501.) Facts: VI DOCKET 37, 70. Oct. 17, 1961: hearing on Def's. motion for summary judgment.

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

522.Fla7. Braxton v. Bd. of Public Inst., Duval Co. (Jacksonville.) (SD Fla., #4598.) (CA 5.) (U.S.S.C.) Facts: VI DOCKET 70, 94, 122. Appeal in CA. June 19, 1961: U.S.S.C. denied Def's. mandamus action for appointment of 3-judge fedl. ct. Oct. 11, 1961: Pl. moved for order setting date for final hearing.
522.Fla8. Bornas v. Bd. of Public Inst., Broward Co. (Ft. Lauderdale.) (Broward Co. Cir. Ct.) Class suit for desegregation of public schools filed. Pending.

Tobias Simon, Esq., 706 Ainsley Bldg., Miami.

522.Fla9. Weaver v. Bd. of Public Inst., Brevard Co. (SD Fla., Orlando Div.) Class suit for desegregation of public schools filed. Pending.

Francisco A. Rodriguez, Esq., 703 E. Harrison St., Tampa; Constance Baker Motley, Esq., 10 Columbus Circle, NYC.

522.Fla10. Mays v. Bd. of Public Inst., Sarasota Co. (SD Fla., Tampa Div., #4242-Civ. J.) Class suit for desegregation of public schools filed. Pending.

Francisco A. Rodriguez, Esq., 703 E. Harrison St., Tampa; Constance Baker Motley, Esq., 10 Columbus Circle, NYC.

522.Ga3. Calhoun v. Latimer. (Atlanta.) (ND Ga., Atlanta Div., #6298.) (188 F. Supp. 412.) Facts: VI DOCKET 37, 122. Def's. motion for summary judgment pending.

Case note:

63 W. Va. L. Rev. 354-56.

522.Ill1. Webb v. Bd. of Education. (Chicago.) (ND Ill., E. Div., # 61 C 1569.) Sept. 18, 1961: parents of 32 Negro elementary public school children sued for injunctive relief against alleged racial discrimination practiced by Def.-Bd. in drawing of school district lines, refusing transfer to Negro students seeking to enter schools with a majority of white students, providing lower standards of education in all-Negro schools. Pls. prayed for decree: declaring application and continuation of "neighborhood school" policy unconstitutional and in violation of Fourteenth Amendment; declaring Def. has affirmative duty to provide Pls. with racially integrated school system; requiring Def. to register Pls. in desegregated schools. Pending.

James D. Montgomery, Esq., 30 W. Washington, Chicago; Paul B. Zuber, Esq., 2816 Eighth Ave., NYC.

522.La1. Bush v. Orleans Parish School Bd. (New Orleans, La.) (ED La., #3630.) (CA 5, #18520.) (U.S.S.C.) Facts: VI DOCKET 37-8, 70, 94, 112. (194 F. Supp. 182, 6 R.R. L.R. 413.) Pls. filed motion in DC charging Def.-Bd. with using state pupil placement plan to deny Pls. constitutional rights. Pending.

Def.-Bd's. appeal from May 1960 DC desegregation order pending in CA 5.

June 19, 1961: U.S.S.C. (Denny v. Bush, #868) affirmed order of 3-judge fedl. ct. holding unconstitutional and enjoining enforcement of Act of La. legislature constituting a school bd. responsive to will of La. state officials.

Oct. 16, 1961: U.S.S.C. (Gremillion v. U.S., #200) affirmed May 4, 1961 ruling of 3-judge fedl. ct. declaring unconstitutional all state acts passed to block integration of New Orleans school, including Bribery of Parents of School Children Act (punishing anyone accepting anything of value as inducement for sending child to integrated school) and Intimidation and Interference in Operation of Schools Act (punishing the offering to do or doing any act to child, parent, teacher or school employee that might influence him to do or perform any act in violation of any state law). (Both laws granted immunity from prosecution and promise of monetary reward to informers.)

522.La2. Hall v. St. Helena Parish School Bd. (CA 5, #18523.) (ED La., #1068.) Facts: VI DOCKET 38, 70, 94, 122. Aug. 30, 1961: 3-judge fedl. ct. held unconstitutional Act 2, 1961 2d Spec. Sess. for violating equal protection clause of Fourteenth Amendment in permitting citizens to vote to abandon public schools faced with desegregation orders: "This is not the moment in history for a state to experiment with ignorance. When it does, it must expect close scrutiny of the experiment". Ct. found whole segregation program constitutionally self-defeating because it involves such extensive
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state control, financial aid, active participation that state would still be providing public education on segregated basis. Def.-Bd's. appeal to U.S.S.C. pending.

CA 5 affirmed 1960 DC desegregation order (287 F. 2d 376); Oct. 9, 1961: U.S.S.C. (#216) denied certiorari.

522.La4. E. Baton Rouge Parish School Bd. v. Davis. (ED La., Baton Rouge Div., Civ. #1662.) (U.S.S.C., #226.) (287 F. 2d 380.) Facts: VI DOCKET 38, 70. Oct. 9, 1961: U.S.S.C. denied certiorari on Def.-Bd's. petition from CA 5 decision.

On remand to DC from CA 5 decision, DC ordered Def.-Bd. to submit desegregation plan.

522.La6. Williams v. Prather. (Northwestern State College.) (WD La., #5000 Civ.)*
522.La11. La. State Bd. of Educ. v. Allen. (Shreveport Trade School.) (U.S.S.C., #217.) Facts: VI DOCKET 38, 70. Oct. 9, 1961: U.S.S.C. denied certiorari on Def.-Bd's. appeal from DC desegregation order affirmed by CA.
522.Md6. State Bd. of Public Welfare v. Myers. (Md. Training Schools.) (Md. Ct. of App.) Facts: VI DOCKET 38, 95. Cite: 167 A. 2d 765.
522.Mich2. Woods v. Bd. of Educ. (Highland Park.) (ED Mich., S. Div., #21593.) Aug. 29, 1961: Negro and white parents in Thomson School Dist. and Mass. Ave. Improvement Assn. (Negro-white property-owners' organization) sued for injunctive relief directing Def.-Bd. to adopt desegregation plan for School and transfer Pls. temporarily to non-segregated school. Complaint alleges Def.-Bd., after influx of Negroes into area after World War II, drew district lines and established option area to maintain segregated Negro character of School, planned to enlarge area feeding into segregated school in Sept. 1961; white and Negro children injured by attending segregated schools. Sept. 7, 1961: after DC hearing, parties proposed compromise: 1) make school K-3 grades; 2) send 4-6 grades to integrated school; 3) Bd. to propose plan to desegregate fully by fall 1962. DC issued no injunction, accepted proposal, dismissed without prejudice.

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

522.Miss1. Meredith v. Fair. (U. of Miss.) (SD Miss., Jackson Div., #3130.) Facts: VI DOCKET 122. Pl.-sophomore at Jackson State, also administered by Def.-Bd., gave 5 Negro references for admission to U. of Miss., none of whom had attended U. Miss. statute requires references from 5 U. alumni. Issue: does this requirement place unfair burden on Negro applicants? Aug. 10, 15-16: trial on merits; decision awaited.

Constance Baker Motley and Derrick Bell, Esqs., N.A.A.C.P. Legal Def. & Educ. Fund, 10 Columbus Circle, NYC; R. Jess Brown, Esq., 1105½ Washington St., Vicksburg, Miss.

522.NJ1. Howard Savings Institute of Newark v. Peep, Trs. of Amherst College. (N.J. Sup. Ct.) Facts: VI DOCKET 71, 95. Cite: 170 A. 2d 39.
522.NJ2. Beal v. Bd. of Educ. (Newark.) (DC N.J., #839-61.) Oct. 2, 1961: class suit filed by Negro parents for permanent injunction requiring Def.-Bd. to accelerate redistricting plan for public schools, preventing Bd. from registering Pls. in segregated school, and for declaration that neighborhood school policy is unconstitutional. Pending.

Abe Silverstein, Esq., 73 Main St., Milburn, N.J.

522.NY4. People of New York v. Dennis. (New Rochelle.) (City Ct.) Facts: VI DOCKET 38. Cites: 208 N.Y.S. 2d 522, 6 R.R. L.R. 147.

Case note:

12 Syra. L. Rev. 519-21.

522.NY4a. Taylor v. Bd. of Educ. (New Rochelle.) (CA 2.) (191 F. Supp. 181, 288 F. 2d 600.) Facts: VI DOCKET 38, 71, 95, 123. Aug. 2, 1961: CA 2 affirmed (2-1) DC opinion, found Def.-Bd. had deliberately created and maintained Lincoln School as racially segregated school. CA 2 denied stay pending appeal. U.S.S.C. denied stay. Sept. 1961: DC order effectuated, majority of Lincoln pupils transferred to other schools. Def.-Bd. petition for certiorari pending.

Case note:

38 U. of Det. L. Jour. 479-83.

522.NC6. Jeffers v. Whitley, N.C. Supt. of Public Instruction. (Caswell Co.) (MD N.C., Greensboro Div., #1079.) Facts: VI DOCKET 38. DC, after trial, ordered Def. to reconsider Pls'. applications. Bd. again denied Pls'. admission. Oct. 4, 1961: hearing on Pls'. objections.
522.NC10. McCoy v. Grensboro Bd. of Educ. (MD N.C., #C-26-9-59.)*
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.)

and

522.NC14a. Spaulding v. Durham City Bd. of Educ. (MD N.C., #C-116-D-60.) Facts: VI DOCKET 39. Jy. 20, 1961: DC held Pls. who did not attend Bd. hearing not entitled to relief, Bd. should reconsider others. Bd. admitted 6 pupils to white school, denied admission of 100 pupils. DC to hear Pls'. objections to Bd. action.
522.NC15. Vickers v. Chapel Hill Bd. of Educ. (MD N.C., 11-D-60.) Facts: VI DOCKET 39. Jy. 3, 1961: Def.-Bd. adopted policy of limited integration for first grade pupils. Sept. 8, 1961: DC held for Pl., ordered Pls. admitted to previously all-white school for 1961-62 year; costs taxed against Def.
522.NC16. North Carolina v. Chance. (Hartnett Co. Super. Co.)*
522.NC16b. Chance v. Hartnett Co. Bd. of Educ. (DC N.C., Raleigh Div., #1263.)*
522.NC17. Wynn v. Trs. Charlotte Community College System. (Mecklenburg Co. Super Ct., #41-347.) Facts: VI DOCKET 123. May 1961: Super. Ct. denied petition for injunctive relief. Sept. 1961: Charlotte (white) College admitted 4 Negro students. Pls'. appeal pending in N.C. Sup. Ct.

J. Charles Morris, Esq., Liberty Life Bldg., Charlotte.

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522.Okla6. Dowell v. Bd. of Ed. (Oklahoma City.) (WD Okla.) Oct. 9, 1961: suit filed by parent of Negro student. Issues: 1) constitutionality of state pupil transfer law: 2) "quota" system for Negro students. Pending.
522.Pa1. Chisholm v. Bd. of Public Educ. (formerly Phila. Chap., N.A.A.C.P. v.) (Philadelphia.) (ED Pa., #29706.) Facts: VI DOCKET 123.*

William L. Akers, Esq., 20 S. 15th St.; James K. Baker, Esq., 16 S. Broad St.; A. Leon Higginbotham, Jr., Esq., 15th fl. Commercial Trust Bldg.; Charles Andre Moore, Esq., 9th fl. Commercial Trust Bldg.; Oscar N. Gaskins, Esq., 410 S. 15th St., all of Philadelphia.

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.)*
522.SC4. Hood v. Bd. of Trustees. (Sumter Co.) (CA 4, #8383.) Facts: VI DOCKET 71, 95, 123. Def.-Bd. admitted Pl.-Turks to white public schools. Oct. 17, 1961: CA 4 reversed DC, ordered DC to issue order affirming Pls'. right to non-discriminatory treatment.
522.Tenn1a. Carethers and Boyce v. Humphreys Co. Bd. of Educ. (Nashville.) (MD Tenn.) See Kelly, 522.Tenn1, IV DOCKET 32, 83, 108; V DOCKET 40. Oct. 9, 1961: Negro parents sued for admission of children to Waverly Central High, East End Elem., Waverly Elem. Oct. 18, 1961: at hearing, Defs. submitted plan to desegregate grades 1-5 Jan. 1962, 1 additional grade each year thereafter. Pls'. objections filed. Pending.

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

522.Tenn6. Goss v. Bd. of Education. (Knoxville.) (CA 6, #14425.) Facts: VI DOCKET 39. Hearing week of Nov. 27, 1961: decision awaited.
522.Tenn7. Northcross v. Memphis Bd. of Educ. (CA 6, #14,642.) Facts: VI DOCKET 39-40, 71. DC denied Pl's. requested injunction, held Def's. pupil assignment plan satisfactory. Pls'. appeal pending. Aug. 1961: 42 Negro students applied for admission to white schools. Oct. 3, 1961: 13 Negro first graders admitted to white public schools.
522.Tenn8. Mapp v. Chattanooga Bd. of Educ. (CA 6, # #14444, 14517.) Facts: VI DOCKET 40, 71, 95, 123. Argued Oct. 16, 1961: decision awaited.
522.Tenn9. Maxwell v. Davidson Co. Bd. of Educ. (near Nashville.) (CA 6, #14607.)*
522.Tenn10. Sloan v. 10th School Dist., Wilson Co. (MD Tenn., #3107.) Class suit for injunction ordering Def. to desegregate schools. Sept. 11, 1961: DC found facts stated in pleadings and pretrial conference entitled Pls. to immediate relief; granted Defs. additional time to file desegregation plan. Oct. 23, 1961: further hearing.
522.Tenn1. Vick, Carson, and Morris v. Obion Co. Bd. of Educ. (Jackson.) (DC Tenn.) Oct. 18, 1961: parents of Negro students seek admission of pupil to nearby S. Fulton High School; allege students must now travel long distance to segregated school.

Z. Alexander Looby and Avon N. Williams, Jr., Esqs., Nashville, Tenn., and Jack Greenberg, Esq., N.A.A.C.P. Legal Def. & Educ. Fund, 10 Columbus Circle, NYC.

522.Tex5. Boson v. Rippy. (Dallas.) (CA 5.) (285 F. 2d 43.) Facts: VI DOCKET 40, 71. June 27, 1961: DC reluctantly ordered Def. to follow CA 5 integration order. Def. rejected 4 applicants of Negro 1st graders to attend previously all-white school because older siblings attended Negro schools, accepted 18 applications. Sept. 6, 1961: pupils integrated schools without incident.

Case note:

32 Miss L.J. 307-09.

522.Tex7. Ross v. Rogers. (Houston.) (DC Tex., Houston, #10,-144.) Facts: IV DOCKET 32, V DOCKET 63, 94. Fall 1961: Pl.-Negroes charge Def.-Bd. continuing discriminatory practices, despite prior litigation, alleging all 12 Negro applicants denied admission to white schools 1960-61. Pending.

Weldon Berry, Esq., Houston, Tex.

522.Tex10. Flax v. Potts. (Fort Worth.) (ND Tex., Fort Worth Div., #4205.)*
522.Tex13. Robinson v. Evans. (Galveston.) (ED Tex., #2643.)*
522.Tex14. Eastland v. Wheat. (Northeast Houston.) (SD Tex., #13,330.)*
522.Tex15. Evans v. Brooks. (Texas City.) (SD Tex.) Aug. 5, 1961: class suit filed by Negro parents seeking desegregation of public schools. Pending.
522.Va1. Allen v. County School Bd. (Prince Edward Co.) (ED Va., #1333.) Facts: VI DOCKET 40, 71, 123. Aug. 24, 1961: DC: 1) deferred ruling on whether Co. public schools can be closed to avoid racial discrimination prohibited by 14th Amendment until state cts. rule; 2) held state not insulated from fedl. judicial review when it acts to circumvent constitutionally-protected right; 3) held such circumvention shown in payment of $132,000. from genl. tax funds to send Co. white children to segregated private white school, crediting of $56,000. in Co. tax bills to taxpayers who contributed to said white school, when like aid not available to Negro children in Co. since no private colored school in existence, effectively depriving Negro children of freedom of choice between public and private schools; 4) found Def. had done nothing to comply with U.S.S.C. and DC desegregation decisions; 5) held Va. Code §22-115.29 not intended to permit payment of state tuition grants to residents of Cos. where public schools are closed. DC ordered Defs. restrained from paying any Co. funds or allowing any state credits to aid private white school while public schools closed, ordered Defs. restrained from processing state grants-in-aid for students in Co. while public schools closed.

And see 522.Vala.

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522.Va1a. Griffin v. Co. School Board. (Prince Edward Co.) (Va Sup. Ct. of App.) Sept. 8, 1961: Negro parents filed petition for writ of mandamus to require Resp. Bd. to appropriate funds for operating public schools in Co. closed since June 1959, alleging taxes set high enough to cover education purposes. Pls. contended if funds appropriated and schools opened, Bd. could be required to permit white and colored children to be taught together. Pending.

S. W. Tucker, Esq., 111 E. Atlantic St., Emporia, Va.

And see 522.Va1.

522.Va3a. Adkinson v. School Bd. (Newport News.) (ED Va., Newport News Div., #642.) Facts: VI DOCKET 40-1. 1960: DC ordered integration delayed until Sept. 1961, due to consolidation of 2 cities. Aug. 1961: Def. permitted 14 Negro pupils to transfer to previously all-white elementary schools, rejected 8 applications for transfers.
522.Va4. Hill v. School Bd. (Norfolk.) (CA 4, #8053.)*
522.Va5. Allen v. School Bd. (Charlottesville.) (CA 4, #8238.) (DC Va.) Facts: VI DOCKET 41. 25 Negro pupils allege improper denial of admission to all-white schools. Oct. 25, 1961: hearing in DC; pending.

And see Dodson v. School Bd. (Charlottesville), 289 F. 2d 439.

522.Va6. Thompson v. School Bd. (Arlington.) (ED Va., #1341.) Facts: VI DOCKET 41. Pls'. motion for further relief prohibiting segregation in interscholastic sports competition pending. Fall 1961: substantial number of Negro pupils entered formerly all-white schools.
522.Va13. Kilby v. Warren Co. School Bd. (WD Va.) (6 R.R. L.R. 121.) Facts: IV DOCKET 34, 62. Aug. 1958: Va. Pupil Placement Bd. rejected applications of Negro students to attend white schools. Sept. 1958: DC issued injunction requiring admission. CA refused to stay injunction, Va. Gov. ordered school closed. Move started in Co. to operate private schools with publicly-paid teachers, but, on motion, DC enjoined payment of teachers with public funds. Schools reopened with Negro-Pls. admitted. 1960: other Negro students moved to intervene; DC ordered Bd. to submit desegregation plan. Jy. 26, 1960: DC approved plan to establish geographic high school districts, permitting pupil assigned to school occupied predominantly by pupils of opposite race to attend school nearest his residence occupied predominantly by pupils of his own race. Sept. 1961: 12 Negro students moved DC to order termination of all racial school assignments by Def. Pending.
522.Va14. Warden v. School Bd. (Richmond.) (ED Va., #2819.) Facts: VI DOCKET 41. Jy. 5, 1961: DC ordered Def. to enroll Pl. in previously all-white school Sept. 1961.
522.Va14a. Bradley v. School Bd. (Richmond.) (ED Va.) Sept. 5, 1961: class action filed by Negro Pls. seeking desegregation of public schools. Pending.
522.Va15a. Jones v. School Bd. (Alexandria.) (ED Va., #1770.)*
522.Va15b. Braxton v. Stafford Co. School Bd. (Alexandria.) (ED Va.) Sept. 1961: class suit by Negro parents to enjoin enforcement of Pupil Placement Law, alleging intent of statute is to prevent local school bds. from initiating desegregation. Pending.
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.)
522.Va21. Green and Iseley v. Bd. of Educ. (Roanoke City and Co.) (WD Va., ##1093, 1095.) Facts: VI DOCKET 72, 124. Jy. 7, 1961: after trial, DC ordered pupil placement bd. to reconsider applications of 15 Pls. Bd. reconsidered, admitted 5 to white schools. Oct. 4, 1961: DC denied Pls'. prayers for declaratory judgment and injunction directing Defs. to present desegregation plan, assessed costs against Def.-Pupil Placement Bd.; dismissed second complaint for failure of Pls. to exhaust state administrative remedies for pupil assignment.
522.Va23. Thompson v. School Bd. of Arlington Co. (ED Va.)*
522.Va24. Jackson v. School Bd. (Lynchburg.) (WD Va.) Sept. 18, 1961: class suit filed for desegregation of public schools. Sept. 22, 1961: hearing on motion for preliminary injunction; DC denied. Oct. 24-25: trial date.
522.Va5. Anderson v. School Bds., West Point and King William Co. (Richmond.) (ED Va.) Sept. 22, 1961: Negro Pls. sue for injunction to prevent state Pupil Placement Bd. from denying 10 Negro students admission to white schools. Pending.
523. Suits to prevent integration

523.Fla2. Bd. of Public Instruction of Volusia Co. v. Tillman. (Volusia Co. Cir. Ct., #30365. Chanc.) Facts: VI DOCKET 42. Def's. motion to dismiss for failure to state a cause of action denied. Pending.

And see Tillman, 522.Fla6.

523.Ga2. Georgia v. Griffith. (Clarke Co. Ct.)*

And see Holmes, 522.Ga4.

523.La2. Wagner v. Redmond. (Orleans Parish, La.) (La. 4th Cir. Ct. of Appeal.) (127 So. 2d 275, 6 R.R. L.R. 86.) Member of parish school bd. sought mandamus to compel Sup't. of parish schools to furnish him names and addresses of students enrolled in New Orleans schools to which Negro children had transferred. Civil Dist. Ct. granted mandamus. 4th Cir. Ct. of App. affirmed.

SeeBush, 522.La1.

524. Miscellaneous suits to end segregation

524.1. Jordan v. Pres. Kennedy. (DC DC.)*
524.2. Shaffer v. White Citizens' Council Forum, Miss. Sovereignty Comm., Miss. Gov. Barnett, Treas. Gandy (SD Miss., #3068.)*
525. Miscellaneous
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530. Housing
Annual Report:

U.S. Commission on Civil Rights, Housing. 1961. 206 pp. Washington 25, D.C.

Booklets:

Eunice and George Grier, The impact of race on neighborhood in the metropolitan setting, 13 pp. Washington Center for Metropolitan Studies.

Larson, Halvonik, Crilly, Discrimination in housing, 1961. 32 pp. Berkeley Law Students Young Democrats — E. Bay Council of Young Democratic Clubs, 1853 Ashby, Berkeley.

Handbook:

American Friends Service Comm., Homes and community. 1961. 16 pp. 160 N. 15th St., Philadelphia.

Legislative summary:

Natl. Comm. Against Discrimination in Housing, 1961 Fair Housing Practices Laws. 426 W. 58th St., NYC.

Report:

Tom Rose and John Kinch, Comprehensive study of discrimination in housing in San Francisco. 1961. Council for Civil Unity, 437 Market St., San Francisco.

Comments:

"Suitable home" tests under Social Security: A functional approach to equal protection, 70 Yale L. Rev. 1192-1204.

Restrictive covenants as a device to control religious uses, 12 Syra. L. Rev. 347-52.

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

532.18. O'Meara v. Washington and Jones. (Seattle.) (Wash. Sup. Ct., #35436.) Facts: VI DOCKET 42. Sept. 1961: Wash. Sup. Ct. (5-4) affirmed, held RCW 49.60-030 §3 unconstitutional discrimination under equal protection clause of Fourteenth Amendment, Wash. Constitution Art. I, §12; FHA mortgagees no more likely to discriminate in selling homes than non-FHA homeowners, therefore Act established arbitrary classification bearing no reasonable relation to evil sought to be eliminated. Rosellini, J. diss. (Hill, Hunter, Finley, JJ.): entire Ct. agrees evil exists and Act helps correct it, whether or not it is most effective way; legislature has wide discretion to enact class legislation, no unreasonable abuse here; Ct's. opinion is arbitrary interference with will of people expressed unequivocally through legislation. Petition for rehearing pending.
532.23. Pearson v. Frumenti. (Calif.) (Contra Costa Co. Super. Ct., #R 7073.)*
532.24. Hudson v. Braden Enterprises. (Calif.) (Santa Clara Co.) Super Ct.)*
532.25. Holmes v. Macco Construction Co. (San Diego.) (San Diego Super Ct., #247453.) Facts: VI DOCKET 42. Pl. amended complaint to join Bank of America as Def. Def.-Bank demurred: it is banking institution covered by fedl. laws only; Civil Code §51 does not cover it. Pending.
532.26. Gregory v. Zehman. (Cleveland.) (Com. Pleas Ct., #742-019.)*
532.27. Jones v. Asbury Gables. (Neptune.) (N.J. Div. of Civil Rights.) Negro-Complainant charged Def. housing development with refusal to sell him $19,900. house solely on basis of race. Jy. 20, 1961: Div. of Civil Rights, after hearing, ordered Def. to sell house to Comp.
533. Private

533.6. City of Creve Couer 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.)*

Comment:

The Unruh Civil Rights Act — as applied to real estate brokers, 13 Hastings L. Jour. 120-40.

533.20. Progress Development Co. v. Mitchell. (Ill.) (ND Ill. E. Div., #5 C 2050.) (228 F. 2d 222.)*
533.20a. Progress Development Co. v. Mitchell. (Ill.) (Lake Co. Cir. Ct.) Facts: VI DOCKET 124.*

Richard G. Kahn, Esq., 33 S. Clark St., Chicago.

533.22. Divine v. Koch. (Calif.) (Sacramento Super. Ct.)*
533.23. Hudson v. Nixon. (Calif. Dist. Ct. of App.)*
533.25. Wiley v. Richland Water Dist. (Ore.) (DC Ore., #60-207.) Facts: VI DOCKET 43. Dec. 13, 1960: DC dismissed suit with prejudice, without costs to either party. Def. filed notice of appeal; appeal later dismissed on stipulation.
533.26. Case v. Colorado Anti-Discrimination Comm. (Colo.) (Colo. Sup. Ct.) Facts: VI DOCKET 43, 124. Commission's appeal pending.
533.30. Swann v. Burkett. (Berkeley.) (Alameda Super. Ct., App. Dept.) Facts: VI DOCKET 43, 73, 124. Oct. 20, 1961: appeal argued.
533.31. McKibbon v. Michigan Corp. Sec. Comm. (Ingham Co. Cir. Ct., #42667 Ch.)*
533.32. Smith v. Curt Craft. (Portland.) (Multnomah Co. Cir. Ct., #265957, #266890.)*
533.33. Massachusetts Comm. Against Discrimination v. Colangelo. (Waltham.) (Middlesex Super. Ct.) (6 R.R. L.R. 349.)*
533.34. New York City v. Fried. (NYC.) (Manhattan Sup. Ct.)*
533.35. Swanson, Inc. v. Connecticut Civil Rights Comm. (New Haven Co. Super. Ct.) (6 R.R. L.R. 345.) Facts: VI DOCKET 73, 96. Jy. 11, 1961: Super. Ct. upheld constitutionality of Conn. fair housing act; held 1) Commission's procedure did not deprive Resp. of property without due process, 2) sale of housing is subject to public welfare regulations even though it may result in financial loss without provision for compensation, 3) act applied to Resp. despite Resp's. shifts in ownership to evade act. But Ct. upheld
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Resp's. appeal because 1959 act did not cover building lot on which dwelling to be built. (Oct. 1, 1961 amdt. specifically makes law applicable to certain building lots.)
533.36. Francois v. Cameron. (San Francisco Super. Ct.)*
533.37. Droeger v. DeVries, Select Realty and Rentals. (San Francisco Super. Ct.)*
533.38. Vargas v. Hampson. (Orange Co.) (Calif. Sup. Ct.) Facts: VI DOCKET 96. Pls. sought only injunctive relief, no damages. Super. Ct. granted Defs. demurrer. Pls. petitioned Cal. Sup. Ct. to retain jurisdiction, rather than assign to Ct. of App., to settle constitutional issue: whether Civil Code §51 applies to real estate brokers. Pending.

Amicus appearance by Atty. Genl. Stanley Mosk, Sacramento, Calif.

Amicus brief by Richard H. Floum, Esq., Crocker Bldg., San Francisco; Rudolph Pacht, Esq., 5451 Laurel Canyon Blvd., N. Hollywood; Ephraim Margolin, 466 Arlington St., San Francisco of counsel, on behalf of Am. G.I. Forum of Los Angeles, Am. Jewish Comm. of Los Angeles, Am. Jewish Congress W. Coast Reg. Office, Dir. of Community Relations of Ecclesiastical Diocese of Calif., Bd. of Christian Social Concerns of S. Calif.-Ariz. Conf. on Methodist Church, Bd. of Dirs. of Congregational Conf. of S. Calif. and SW, Catholic Interracial Council of San Francisco, Community Relations Conf. of S. Calif., Friends Comm. on Legislation of N. Calif., Human Relations Council of San Jose, Japanese-Am. Citizens League, Jewish Labor Comm., Jewish War Vets of Calif., Local 399 of Bldg. Service Employees' Intl. Union-AFL-CIO, Los Angeles Cloak Bd.-ILGWU, Los Angeles Community Service Org., N.A.A.C.P. Legal and Educ. Fund, Pacific-SW Reg. Office of Anti-Defamation League of B'nai B'rith, Bishop of Ecclesiastical Diocese of Calif., Presbytery of Los Angeles of United Presbyterian Church, San Francisco and Santa Clara Valley Councils for Civil Unity, Social Action Comm. of 1st Unitarian Society of San Francisco, Synod of Calif. of United Presbyterian Church.

533.39. Johnson v. Coldwell, Banker and Co. (Sacramento.) (Sacramento Co. Super. Ct., #132566.) Pl.-Negro paid deposit to Def. to lease bldg. to operate restaurant, signed deposit agreement embodying terms and conditions of proposed lease (which was never executed). In reliance thereon, Pl. incurred expense in preparation of moving, purchased equipment; Def. remodeled bldg. to meet Pl's. specification. When surrounding property owners objected, Def. reneged. Sept. 30, 1961: Pl. sued under Unruh Civil Rights for $12,500. for expenses, loss of profits, fair value of premises and punitive damages. Pending.

Nathaniel S. Colley, Esq. and Milton L. McGhee, Esq., 1617 - 10th St., Sacramento.

533.40. Williams v. University City. (San Diego.) (Super Ct.) Def. rejected Negro-Pl's. application to buy home in new housing tract and refused to apply to credit institution re Pl's. qualifications. Pl. sued for injunctive relief under Civil Code §51. Pending.

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

533.41. Stevenson and Kent v. Genl. Fedl. Svgs. and Loan Assn., Harris Trust and Svgs. Bank. (Chicago.) (ND Ill.) 1954: Speculator purchased 3-flat bldg. for $16,500., obtained mortgage from Def.-Assn., sold to Pl. A for $26,500. 1955: Speculator purchased 3-flat bldg. for $13,800., obtained mortgage from Def.-Assn., sold to Pl. B for $21,000. 1961: Def.-Assn. threatened mortgage foreclosure when Pls. unable to keep up payments, Pl. B having lost job due to garnishment problems caused by high payments on bldg. Feb. 1961: Pls. complaint heard. Issues: whether Defs. guilty of conspiring to deprive Pls. of their civil rights under Civil Rights Act, whether Defs. violated fedl. acts re fedl. svgs. and loan assns. Pending.

Mark J. Satter, Esq., 134 N. LaSalle, Chicago.

And see Bolton, 532.15, III DOCKET 63; IV DOCKET 35.

533.42. District of Columbia v. McLean Gardens. (D.C. Muni. Ct.) Negro woman student applied for room in Def.-apartment project, told no rooms available. 5 minutes later white girl rented a room. Oct. 4, 1961: criminal action instituted against Def. under D.C. law forbidding racial discrimination in renting of Def's. transient rooms. Pending.

Dist. Corp. Counsel Chester H. Gray, Washington, D.C.

533.43. Re Olive Braden. (Conn. Comm. on Civil Rights.) Jy. 1, 1961: Resp.-broker wrote memo advising employees to try not to show houses to persons who might be Jewish, but if unable to avoid it, show just one house. Sept. 14, 1961: Comm. hearing on complaint that Resp. refused to show or sell homes to Jews; Resp. admitted writing memo after criticism by members of Greenwich Real Estate Bd. for selling house to Jewish family. Pending.

Asst. Atty. Genl. Carl D. Eisenman, Hartford, Conn.

533.44. Harrison v. Tucker. (Tex. Ct. of Civ. Appeals.) (6 R.R. L.R. 262.) Pl. filed suit to enjoin Def. from offering for sale, showing his house or executing a deed to any non-Caucasian, on basis of covenant restricting occupation of dwellings in area to Caucasians. Dallas Co. Dist. Ct. found doctrine of balancing of equities should be applied, entered temporary injunction. Jan. 1961: Tex. Ct. of Civ. Appeals reversed on basis of Shelley v. Kraemer.
533.45. Gast v. Gorek. (Suffolk Co.) (N.Y. Sup. Ct.) (6 R.R. L.R. 260.) Pl.-owner of property sought judgment declaring restrictive covenant and reverter clause in deed to his predecessor in interest to be unconstitutional. Jan. 1961: On Pl's. motion for summary judgment, N.Y. Sup. Ct. denied motion, granted summary judgment in favor of Def., citing Shelley v. Kraemer: altho such covenant will not be enforced, it will not be ruled invalid.
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., #2491.) (284 F. 2d 631, 191 F. Supp. 146.)*
541.8. Boynton v. Virginia. (Richmond.) (U.S.S.C.) Facts: VI DOCKET 44, 73. Cite: 364 U.S. 454.

Case note:

12 Mercer L. Rev. 412-15.

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541.11. Turner v. City of Memphis. (U.S.S.C., #84.) Facts: VI DOCKET 44, 73. Pl's. petition for certiorari pending. Stay of CA 6 appeal granted.
541.12a. Henderson v. Trailways Bus Co., Robinson v. Hunter. (U.S.S.C.) (6 R.R. L.R. 467.)*
541.13. Adams v. City of New Orleans. (ED La., #6436.)*
541.14a. P. Shuttlesworth v. Southeastern Greyhound Lines. (ND Ala., M Div., #1227.)*
541.16. Rev. Shuttlesworth v. City of Birmingham. (ND Ala.)*
541.17. Georgia v. Defendants. (Atlanta.) (Atlanta City Ct., Fulton Co. Crim. Ct.)*
541.19. Georgia v. Rev. Moss. (Atlanta.) (Fulton Co. Crim. Ct.)
541.20. Alabama v. Zweig. (Birmingham.) (Birmingham Muni. Ct.) (6 R.R. L.R. 528.)*
541.22. Mississippi v. Farmer, "Freedom Riders". (Jackson.) (Jackson Muni. Ct.) (6 R.R. L.R. 544.) Facts: VI DOCKET 125. Defs. serving sentences and Defs. awaiting appeals charged prison officials with inflicting psychological and physical cruelty; officials denied any unjust treatment. Appeals pending in Hinds Co. Ct.

William Kunstler, Esq., 511 Fifth Ave., NYC.

541.22a. Mississippi v. Wahlstrom, "Freedom Riders". (Jackson.) (Jackson Muni. Ct.) Defs., Negro and white students and non-students, arrived in city on interstate buses, trains, planes; promptly arrested on attempting to use terminal facilities labeled "whites only". Charge: breach of peace. All convicted. Some served out fines rather than paying; some paid fines; some posted bond pending appeal:

June 26, 1961: 11 Negroes, 9 whites; $200. and 4 mths., Shillman appealed on $500. bond. Jy. 2: 5 arrested. Jy. 10: 2 arrested. Jy. 26: 7 arrested. Jy. 31: 15 arrested, but police refused to arrest student-son of Indonesian diplomat for second day.

Test case for 64 arrested June 2-Sept. 11: Wahlstrom. Appeal in Hinds Co. Ct. set for Mar. 12, 1962.

And see 541.22b, .22c, .22d.

541.22b. Mississippi v. Wyckoff. (Jackson.) (SD Miss.) June 2, 1961: Def.-white writer from NYC arrested when she and others accompanied group of Negroes into all-white waiting room of Continental Bus Terminal. Charge: breach of peace for refusing to obey police order to leave terminal. $200., 4 mths. suspended. Def. did not pay fine; jailed to work it off at rate of $3. per day. June 17: habeas corpus petition filed in DC. June 21: hearing on show cause order. Issues: 1) whether breach of peace ordinance being unconstitutionally applied to deny Def. due process and First Amendment freedoms; 2) whether Def. subjected to involuntary servitude in violation of Fifteenth Amendment since Def. could not afford to pay appeal bond and would have worked off fine in 66 days before appeal would be heard, mooting case; 3) whether habeas corpus petition can be granted before prisoner exhausts state remedies, as in Thompson v. Louisville, 312.21, 362 U.S. 199. DC dismissed, commended use of Miss. breach of peace statute to prevent occurrence of bloodshed. Jy. 7: U.S.S.C. Justice Black denied direct appeal for lack of exhaustion of state remedies.

William M. Kunstler, Esq., 511 Fifth Ave., NYC and Jack H. Young, Esq., Jackson, Miss.

541.22c. Mississippi v. Frieze, Carey, Luster. (Jackson.) (SD Miss.) Jy. 22, 1961: 5 Freedom Riders arrested, charged with breach of peace. Convicted; 4 mths. and $200. Bonds for appeal posted. DC rejected appeal; held fedl. ct. without jurisdiction.

William Kunstler, Esq., 511 Fifth Ave., NYC.

541.22d. Mississippi v. Rev. Morris. (Jackson.) (Hinds Co. Ct.) Jy. 13, 1961: 15 Negro and white ministers from all over U.S. arrested as Freedom Riders, charge: breach of peace. Convicted; $200. and 4 mths. 2 Def.-ministers served terms. 13 posted $500. individual appeal bonds. Appeals pending.

Carl Rachlin, Esq., 280 Broadway, NYC.

541.23. Bailey, Broadwater, Jacob v. Atty. Genl. Patterson, Mayor Thompson, et al. (Jackson.) (SD Miss., #3068.) Facts: VI DOCKET 125. 3-judge fedl. ct. convened to hear charge that Def.-police using breach of peace statute unconstitutionally to prevent Freedom Rides. U.S. Justice Dept. petitioned to intervene; DC granted petition. Ct. (2-1) postponed hearing until Aug. 7 on plea of exhaustion by Miss. Atty. Genl. Later trial date: Sept. 25, 1961.

R. Jess Brown, Esq., 1105½ Washington St., Vicksburg, Miss.; Constance Baker Motley and Derrick Bell, Esqs., N.A.A.C.P. Legal Def. Fund, 10 Columbus Circle, NYC.

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

541.24. Alabama ex rel. Atty. Genl. Gallion v. John Doe, as Pres. of Congress of Racial Equality. (Montgomery Co. Cir. Ct., #35522 Eq.) (6 R.R. L.R. 528.)*
541.25. Alabama v. Gach. (Montgomery.) (Montgomery Muni. Ct.)*
541.25a. Alabama v. Lewis. (Montgomery.) (Montgomery Co. Ct. of Com. Pleas.) May 1961: 11 Freedom Riders arrested in Trailways Bus Terminal, charged with breach of peace. May 25, 1961: Lewis case, 541.25b filed; state criminal prosecutions in 541.25a continued until Aug. 28. Aug. 9: Solictor requested permission to proceed with state criminal prosecutions; Pls. and intervenors moved to restrain prosecutions. Solicitor agreed to postpone prosecutions til Sept. 15. Sept. 15: Defs. convicted after postponed trial; admitted to bail pending appeal.

And see 541.25b, 541.26.

541.25b. Lewis v. Southeastern Greyhound Lines, Inc. (MD Ala., #1724-N.) May 25, 1961: Negro-Defs. in 541.25a filed suit as Pls. for injunction: 1) to prohibit Def.-bus cos. from segregating; 2) to prevent Def.-state and police officers from enforcing segregation policy; 3) to dissolve Ala. injunction previously issued against Freedom Riders. May 31, 1961: trial postponed due to continuation of U.S. v.
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Klans, 541.26. Sept. 5: at trial, Ct. dismissed case against Solicitor, thereby refusing to enjoin prosecutions in state ct. CA 5 denied Pls'. motion for injunction pending appeal.

And see 541.25a, 541.26.

541.26. U.S. v. U.S. Klans, Montgomery Police Commr. Sullivan, Police Chief Rupenthal, Congress of Racial Equality, S. Christian Leadership Conf., Student Non-violent Movement, Revs. King, Abernathy, Shuttlesworth, Seay, Walker. (MD Ala., #1718-N.) Facts: VI DOCKET 125. Jy. 17, 1961: hearing in DC re preliminary injunction against sponsors of Freedom Rides. Aug. 11, 1961: DC granted motion to withdraw request for injunction against sponsors, cause dismissed as to sponsors.
541.27. Florida v. "Freedom Riders". (Tallahassee.) (Fla. Sup. Ct.) Facts: VI DOCKET 125. Defs. convicted in Muni. Ct. of refusal to disburse after order to do so; $500. fine for each. Defs. released on bond pending appeal to Fla. Sup. Ct.

Tobias Simon, Esq., 706 Ainsley Bldg., Maimi.

541.28. Florida v. "Freedom Riders". (Ocala.) (Muni. Ct., #69.) Facts: VI DOCKET 125-26. Charge: unlawful assembly. Defs. convicted in Muni. Ct.: $250. or 90 days; 30 days and $500. or additional 6 mths.; 6 mths. and $300. or additional 6 mths. Appeals pending in Cir. Ct.

Ernest Jackson, Sr., Esq., 410 Broad St., Jacksonville, Fla.

541.30. Bangsal v. Harrah's Club, Greyhound Bus Lines. (Alameda Co. Super. Ct.) Facts: VI DOCKET 126. Super. Ct. denied Pl's. motion for temporary injunction pending trial. Issues: damages, whether Defs. should be permanently enjoined. Pending.
541.31. Anderson v. Harrah's Club, Greyhound. (Alameda Co. Super. Ct.)*
541.32. Lamb v. Hillsborough Co. Aviation Auth. (SD Fla., #4040.) Suit to enjoin racial discrimination at restaurant at Tampa Intl. Airport. Pending.

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

541.33. Brooks v. City of Tallahassee. (ND Fla., #825.) Suit for desegregation of airport facilities and removal of racial signs. Sept. 15, 1961: trial. Defs. agreed to admit Negro-Pls. and members of their class to use of facilities, but refused to remove signs. Under advisement by Ct.
541.34. U.S. v. New Orleans, Aviation Bd. and Interstate Hosts, Inc. (ED La.) June 26, 1961: Justice Dept. sued for injunction requiring Defs. to cease racial segregation at Moisant Intl. Airport. Complaint alleges: 1) Def.-city violated terms of $1,125,000. airport aid contract with U.S. prohibiting discrimination in any terminal facilities; 2) Fedl. Aviation Act bars "unjust discrimination" in operation of interstate air transport; 3) restaurant segregation is unconstitutional burden on interstate commerce. Pending.
541.35. U.S. v. City of Montgomery, Bd. of Commrs., Ranch Enterprises, Inc. (MD Ala.) Jy. 26, 1961: Justice Dept. sued for injunction requiring Defs. to cease racial segregation at Montgomery Dannelly Field Airport, alleging segregation is unconstitutional, violates 1958 Fedl. Aviation Act, Civil Aeronautics Bd. and Fedl. Aviation Agency requested suit be filed after many complaints received. Pending.
541.36. Re Interstate Commerce Commission Regulations. (I.C.C.) Sept. 22, 1961: I.C.C. adopted regulations prohibiting discrimination in interstate buses and terminal facilities subject to §216, Interstate Comm. Act, requiring posting of signs that seating aboard vehicle is without regard to race, color, creed, or national origin, and similar message on all tickets. Para. 7: "Every motor common carrier of passengers . . . in interstate . . . commerce shall report to the secy. of the ICC, within 15 days of its occurrence, any interference by any person, municipality, county, parish, state, or body politic with its observance of these regulations. Such report shall include a statement of the action that such carrier may have taken to eliminate any such interference".
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 Peterburg v. Defendants. (Petersburg Police Ct.)*
542.18. Walker v. Atlanta. (ND Ga., #7318.) Facts: VI DOCKET 74, 97. DC dismissed after repeal of ordinance requiring segregated taxis.
550. Miscellaneous Facilities
551. Recreational

551.Ala3. Sawyer v. City of Mobile. (SD Ala., #1999.)*
551.Ala4. Rev. Shuttlesworth v. City of Birmingham. (ND Ala., #9505.) Suit by Pl.-Negro for injunctive relief against Def's. continued practice of segregation in public recreational facilities. Oct. 24, 1961: trial.
551.Cal5. Santa Clara Voiture 365 v. Voiture Nationale La Societe Des Quarante. (Santa Clara Super. Ct., #110512.)*
551.Cal7. Moore v. Thomasson, Police Chief. (Salinas Super. Ct.)*
551.Cal8. Beatty v. Barrel Club. (Sacramento.) (Sacramento Co. Super. Ct.) Oct. 1961: 5 Negro Pls. sued for $7,250. damages each under 1959 Unruh Civil Rights Act, alleging Def's. bartender discriminated against them by refusing to serve them a third drink after serving two rounds. All-white jury held for Pls., awarded total of $6,100. damages.

Douglas Greer, Esq., Sacramento.

- 29 -

551.Cal9. Lowe v. Given and Donaldson d/b/a Park Lane Hotel. (Menlo Park.) (San Mateo Super. Ct.) Oct. 10, 1961: Negro-Pls. sued for $20,000. damages, alleging barkeeper in Def's. bar refused to sell them drinks. Pending.
551.Fla5. Bohler v. Lane, Mayor of Tampa. (SD Fla., #3809.) Facts: VI DOCKET 45, 74. Oct. 25, 1961: final argument.
551.Fla6. City of Fort Lauderdale v. 2 Defs. (Muni. Ct.) Jy. 4, 1961: 8 Negroes participated in wade-in at local beach; Jy. 23: 75 demonstrators; Jy. 30: 200. Aug. 4: 150 police formed lines to prevent 300 Negroes from reaching water; 2 arrested.
551.Ga3. Williams v. Maclean. (Savannah.) (SD Ga., #1160.) Facts: VI DOCKET 45. Defs. have voluntarily desegregated public library facilities.
551.Ga4. Georgia v. Defs. (Savannah.) (Muni. Crim. Ct.)*
551.Ga5. King v. Mayor Hartsfield, Judge Webb. (Atlanta.) (ND Ga.) Feb. 9, 1961: Def.-Judge ordered Negro-Pl. King jailed for 5 hrs. after he refused to comply with required segregated seating in ctroom. May 18, 1961: 4 Negro Pls. filed class suit for 230,000 Atlanta Negroes for desegregation of city parks, swimming pools, tennis courts, Municipal Auditorium, Municipal Cts. Pending.

Lonnie King, Benjamin D. Brown, Herschelle S. Sullivan and Charles F. Lyles, pro se.

551.Ill1. City of Chicago v. Defs. (Chicago Muni. Ct.) Jy. 5, 1961: 70 "Freedom Waders", Negro and white, demonstrated at Rainbow Beach, city-owned beach on Lake Michigan. Police arrested 11 whites and 1 Negro. Charge: refusal to obey police orders. Pending.
551.Ky1. Kentucky Theater v. CORE. (Lexington.) (Fayette Co. Cir. Ct.) Pl.-theater sought injunction to halt CORE standins at theater. Def. filed motion to dismiss. Hearing: May 4, 1961.

James A. Crumlin, Esq., 608 Walnut St., Louisville.

551.Md1. Griffin, Drews v. Maryland. (Baltimore.) (U.S.S.C., #287.) (224 Md. 186, 167 A. 2d 341, 6 R.R. L.R. 252.) Facts: V DOCKET 97. 3 whites and 1 Negro convicted of disturbing the peace in "place of public resort or amusement" after refusing to leave privately-owned amusement park that maintained policy of not admitting Negroes. Jan. 1961: Md. Ct. of App. affirmed convictions; held: 1) evidence that park's policy to welcome everyone but Negroes warranted conclusion of trial ct. that park is place resorted to by general public for amusement; 2) conduct of app'ts. in refusing to obey lawful request to leave private property, and thereby inciting crowd against them, disturbed public peace; 3) as proprietor had right to choose his customers and eject trespassers, he could call on peace officer to enforce his rights; 4) this is at least one step removed from state enforcement of policy of segregation. Petition for certiorari pending.

Case note:

7 Howard L.J. 187-89.

551.Mich5. Jackson v. Todd's Inn and Ottawa Hotel (Sheboyan.) (WD Mich.) Nov. 1960: Pl.-Negro court reporter refused a room by Def.-hotels, forced to seek lodging in Co. jail. Mar. 11, 1961: $10,000. damage suit filed. Pending.
551.Mich6. City of Oak Park v. Detroit Brotherhood Youth Council, CORE. (Oakland Co. Cir. Ct.) Jy. 15, 1961: Cir. Ct. issued 100 temporary restraining orders against Defs. parading in front of Crystal Pool demanding admittance, since pool management maintains it is private club closed to non-members. Pending.
551.Miss2. U.S. v. Harrison Co. Bd. of Supervisors. (SD Miss., Biloxi, #2262.)*
551.Miss3. Mississippi v. Defs. (Jackson.) (Jackson Muni. Ct.) Jy. 5, 1961: 12 Negroes entered city park area normally used by whites, strolled around swimming pool area, turned away from ticket booth. 4 arrested after refusing to move from bench usually used by whites. Pending.
551.Mo1. Streckful Steamers, Inc. v. City of St. Louis. (Cir. Ct.) Jy. 1, 1961: effective date of St. Louis ordinance prohibiting racial discrimination in places of public accommodation. Jy 3, 1961: Pl.-excursion steamer co. sued for temporary injunction to prevent enforcement of ordinance. Issues: constitutionality of ordinance, applicability to Pl. Pending.

Thomas Neenan, City of St. Louis Counselor, St. Louis.

551.NY6. Trowbridge d/b/a Trowbridge Farm v. Katzen, SCAD. (NY Ct. of App.) Facts: V DOCKET 66, 98. State Comm. Against Discrimination, after hearing, issued order directing Pl. to cease and desist from advertising Farm as "Serving Christian Clientele Since 1911". Sup. Ct., Spec. Term, Ulster Co. set aside order. App. Div., 3d Dept. reversed, upheld Comm's. order, but modified to order SCAD to hold new hearing to afford Pl. opportunity for argument under Comm's. rules. Appeals pending.

Henry Spitz and Ann Thatcher Clarke, Esqs., State Commission Against Discrimination, 270 Broadway, NYC.

551.NY8. New York v. Komisar. (NYC Adolescent Ct.)*
551.SC1a. Cummins v. City of Charleston. (CA 4.)*
551.SC4. Brown v. S.C. State Forestry Comm. (ED S.C., #AC-774.) Class suit to enjoin enforcement of segregation in use of 23 state parks and recreation areas in S.C. Pending.
551.Tenn3a. Turner v. Randolph. (Memphis.) (WD Tenn., #3525.)*
551.Tenn5. Flowers v. Loeb. (Memphis.) (WD Tenn., #3958.)*
551.Tenn6. Watson v. Memphis. (CA 6.) Facts: VI DOCKET 45. DC granted Defs. delay in desegregation of public park and playground facilities. Pls. appeal from order pending.
551.Tenn8. City of Knoxville v. Defs. (Knoxville Muni. Ct.) Oct. 9, 1961: 51 students arrested while picketing 3 white theaters which segregate according to race. Pending.
551.Tex2. Willie v. Harris Co. (SD Tex., Houston Div., #11,-926.)*
- 30 -

551.Tex3. Huff and Upton v. City of Victoria. (SD Tex.) Jy. 1960: Pl.-Negro baseball fans sued for desegregation of seating at Rosebud Park. May 1, 1961: hearing.
551.Va5. Giles v. Library Advisory Comm., City of Danville. Facts: VI DOCKET 46. After suit dismissed, library reopened with all chairs and tables removed, rule that applicants for library card must pay $2.50 fee, complete 4-pp. questionnaire re birthplace, college degrees, character and credit references, types of books to be checked out.
551.Va6. Virginia v. James. (Hampton.) (Hampton Cir. Ct.)*
552. Dining
Report:

Southern Regional Council, Effects of sit-ins. Oct. 1, 1961. 20 pp.


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

and

Cole v. City of Montgomery. (Ala. App. Ct., 3d Div., ##57-64.) Facts: VI DOCKET 46, 74. Ct. of App. sent appeals from convictions back to trial ct.: warrant and affidavit defective. Failure of city to reprosecute within time limit for misdemeanor cases resulted in dismissal of prosecutions.

552.Ala1a. Dixon v. Alabama State Bd. of Educ. (CA 5, #18641.) Facts: VI DOCKET 46. Aug. 4, 1961: CA 5 reversed, held Pls. entitled to notice and hearing prior to expulsion; remanded. Sept. 13: DC issued order declaring Def's. action unconstitutional and void, retaining jurisdiction to effectuate mandate. Def's. petition for certiorari pending.
552.Ala2. DuBose v. City of Montgomery (formerly listed as Montgomery v. Dr. Nesmith.) (Ala. Ct. of App.) Facts: VI DOCKET 46, 98. Cite: 6 R.R. L.R. 146.
552.Ala2a. Nesmith v. Montgomery Police Officers. (Montgomery.) (Cir. Ct.) Facts: VI DOCKET 46, 98. May 1961: Pl.-white prof. and 2 students filed $400,000. damage action alleging false arrest on disorderly conduct charges for eating with Negro students. Pending.
552.Ala4. Rev. E. King v. City of Montgomery. (Ala. App. Ct., 3d Div.) Facts: VI DOCKET 46. Ala. Ct. of App. reversed and remanded. Cir. Ct. dismissed cases against all Defs.
552.Ala4a. City of Montgomery v. King and Embry. (Ala. App. Ct., 3d Div., ##89-90.) Facts: VI DOCKET 46, 74. Ala. Ct. of App. reversed and remanded. Cir. Ct. held second trial; reconvicted. Appeals pending.
552.Ala5. City of Birmingham v. Rev. Shuttlesworth. (Jefferson Co. Cir. Ct.)*
552.Ala10. City of Birmingham v. Burks. (Birmingham Muni. Ct.)*
552.Ark1. Briggs, Smith, Lupper v. Arkansas. (Ark. Sup. Ct., ##4992, 4994, 4997.)*
552.Fla4. Florida v. Robinson. (Fla. Sup. Ct.) Facts: VI DOCKET 46-7, 75. Fla. Sup. Ct. granted appeal on issue of constitutionality of statute under which Defs. arrested.
552.Fla5. Florida v. Parker. (Jacksonville Muni. Ct.) Facts: VI DOCKET 47.

Report on attacks by whites on Negroes Aug. 27, 1960:

U.S. Commission on Civil Rights, Justice, pp. 37-8. 1961. Washington, D.C.

552.Ga1. City of Atlanta v. Defendants. (Fulton Co. Ct.)*
552.Ga4. Samuels v. Georgia; Martin v. Georgia. (formerly listed as Georgia v. Defs. (Savannah.) (Ga. Ct. of App., Div. 2.) Facts: VI DOCKET 47, 75, 127. Cite: 118 S.E. 2d 231, 233; 6 R.R. L.R. 166.
552.Ga6. Andrews v. Lindsay. (Atlanta.) (DC Ga., #7287.)*
552.Ga10. Georgia v. King. (Atlanta City Ct.)*
552.Ga11. Georgia v. Defendants. (Atlanta.) (City Ct.)*
552.Ga13. Georgia v. 8 Drs. (Atlanta.) (Fulton Co. Ct.)*
552.Ky1. Kentucky v. Defs. (Louisville.) (Muni. Ct.)*
552.Ky2. Kentucky v. Defs. (Louisville.) (Muni. Ct.)
552.La1. Garner, Brisco, Hoston v. Louisiana. (Baton Rouge.) (U.S.S.C., ##26, 27, 28.) (Cert. granted 365 U.S. 840, 6 R.R. L.R. 168.)*
552.La2. Louisiana v. Goldfinch et al. (New Orleans.) (La. Sup. Ct., #168-520.)*
552.La3. Louisiana v. Goldfinch. (New Orleans.) (Orleans Parish Ct.)*
552.Md2. Maryland v. Nelson and Robinson. (Elkton.) (Cecil Co. Cir. Ct.) Sept. 6, 1961: 3 Negro-Defs. were denied service at restaurant, refused to leave. Arrested, refused to pay $51.45 bail pending trial, conducted hunger strike for 12 days. Cir. Ct. granted State's Atty's. motion to send Defs. to Crownsville State Hospital; Doctors found Defs. sane, capable of standing trial. Defs. refused to walk from cells to Magis. Ct.; trial moved to Cir. Ct. Pending.
552.Md3. Maryland v. Defs. (Ferndale.) (Muni. Ct.) Aug. 7, 1961: 3 Negroes refused service in restaurant; arrested for disorderly conduct and assaulting policeman. Convicted; $100. each plus costs.
552.Mo2. Missouri v. Defendants. (Columbia.) (Police Ct.)*
552.NC3. North Carolina v. Avent, Fox, Sampson. (Durham.) (U.S.S.C., ##85 and 86.) (118 S.E. 2d 47.)

and

552.NC4. North Carolina v. Williams. (Monroe.) (U.S.S.C.)*
552.NC8. North Carolina v. Bender and Malloy. (Greensboro.) (Guilford Co., Super. Ct., ##B 65 114, B 65 119.) Facts: VI DOCKET 48. Appeals pending.
552.NC10. North Carolina v. Defs. (Rutherford.) (Muni. Ct.)*
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552.ND1. North Dakota v. Brandt. (Grand Forks.) (Magis. Ct.) Dec. 7, 1961: Def. indicted for violating new anti-discrimination law by charging Negro airman $5. for soft drink. Convicted; 30 days and $100.
552.SC1. South Carolina v. Randolph (Sumter.) (S.C. Sup. Ct. Facts: VI DOCKET 48. Aug. 26, 1961: S.C. Sup. Ct. reversed sit-in convictions, held warrants defective.
552.SC2. South Carolina v. Davis. (Orangeburg.) (Orangeburg Co. Cir. Ct.) Facts: VI DOCKET 48, 77. Mar. 1961: appeal from breach of peace convictions argued; pending.
552.SC2b. South Carolina v. 9 Defendants. (Orangeburg.)*
552.SC3a. City of Columbia v. Bouie and Barr. (Columbia.) (S.C. Sup. Ct.) Facts: VI DOCKET 48. Cir. Ct. affirmed convictions of trespass after warning. Appeals pending.
552.SC4. City of Rock Hill v. Henry. (York Co. Cir. Ct.) Facts: V DOCKET 68. March 1960: 70 Negro students (Friendship Jr. College) assembled to sing songs in front of city hall; arrested for breach of peace; convicted. Appeals pending.
552.SC4b. City of Rock Hill v. Rev. Ivory, Dietrich, Hackley. (Rock Hill.) (Muni. Ct.)*
552.SC4c. City of Rock Hill v. Ivory. (formerly S.C. v. Massey.) (Rock Hill.) (York Co. Cir. Ct.) Facts: VI DOCKET 98. Defs. convicted in Recorder's Ct. for breach of peace. Appeal pending.
552.SC4d. City of Rock Hill v. Ivory, Ham, Stowe. (York Co. Cir. Ct.) June 1960: Negroes conducted sit-in at McCrory's lunch counter; arrested; charge: trespass. Convicted in Recorder's Ct. Appeals pending.
552.SC6. City of Florence v. George. (Florence Co. Cir. Ct.) Facts: V DOCKET 68. Mar. 15, 1960: 48 Negro high school students arrested when they returned to segregated lunch counter after being ousted by police; convicted in Recorder's Ct. Appeal pending.
552.SC7. City of Spartanburg v. Defendants. (Spartanburg Recorder's Ct.)*
552.SC8. City of Greenville v. Peterson. (S.C. Sup. Ct.) Facts: VI DOCKET 48. Cir. Ct. affirmed trespass convictions. Appeal pending.
552.SC9. Byrd v. Gary. (Darlington.) (S.C. Sup. Ct.)*
552.SC9a. City of Darlington v. Stanley. (S.C. Sup. Ct.) Facts: VI DOCKET 48. Defs. arrested during demonstration for parading without license; convicted. Jy. 28, 1961: S.C. Sup. Ct. affirmed, held exercise of constitutional rights must be consistent "with peace and good order", rights fundamental but not absolute, "and are subject to reasonable and non-discriminatory regulation and limitations". Defs'. petition for certiorari pending in U.S.S.C.
552.SC10. City of Charleston v. Mitchell. (S.C. Sup. Ct.) Facts: VI DOCKET 76. Nov. 1961: appeal argued.
552.Tenn4a. City of Nashville v. Carnaham. (City Ct., #889.)*
552.Tenn6. Tennessee v. Parsons. (Memphis.) (Shelby Co. Ct.) Facts: VI DOCKET 48. No action by grand jury.
552.Tex2. Briscoe, Tucker, Johnson, Rucker v. Texas. (Marshall.) (Tex. Ct. of Crim. App.) Facts: VI DOCKET 48, 76. Cites: 341 S.W. 2d 432, 433, 434; 6 R.R. L.R. 170.
552.Tex2a. Crossley, Rucker v. Texas. (Marshall.) (Tex. Ct. of Crim. App.) Facts: VI DOCKET 77. Cite: 342 S.W. 2d 325, 339; 6 R.R. L.R. 183.
552.Va5. Randolph v. Virginia. (Richmond.) (U.S.S.C., #248.) (119 S.E. 2d 817.)*
552.Va5a. Tinsley v. City of Richmond. (formerly v. Virginia.) (U.S.S.C., #315.) Facts: VI DOCKET 76, 127. Oct. 23, 1961: U.S.S.C. per curiam, granted motion to dismiss for want of fedl. question. Douglas, J. would have noted probable jurisdiction.
552.Va8. Virginia v. Rev. Williams. (Petersburg.) (Hustings Ct.) Facts: VI DOCKET 48-9, 76. Lunch counters integrated; case dismissed on motion of defense and prosecution.
552.Va9. Virginia v. Defendants. (Hopewell.) (Juv. Ct., Cir. Ct.) Facts: VI DOCKET 76, 99. Nov. 9: trial date.
552.Va10. Virginia v. Rev. Tucker. (Lynchburg.) (Va. Sup. Ct. of App.) Facts: VI DOCKET 76, 99. Oct. 12, 1961: Va. Sup. Ct. of App. refused petition for writ of error and supersedeas, without opinion.
552.Va10a. Virginia v. Rev. Wood. (Lynchburg.) (Muni. Ct.)*
552.Va11. Owen and Brumback v. Virginia. (U.S.S.C.) Facts: VI DOCKET 76, 99. Defs. dropped appeal from Police Ct. sentence; served 30 days.
552.Va12. Williams v. Hot Shoppes. (Alexandria, Va.) (CA DC.)*
553. Others

553.Miss1. Mississippi v. Defs. (Jackson.) (Muni. Ct.)
553.NY1. Patterson v. Max Beauty Salon. (Mineola, L.I., Nassau Co. Dist. Ct.)*
553.NY2. New York State Commission Against Discrimination v. Mustachio. (N.Y.S.C.A.D.) (6 R.R. L.R. 355.) Barber posted sign: $5 for "kinky haircuts", refused to cut child's hair without $5. payment, although usual rate for cutting child's hair was 75c. Feb. 1961: N.Y.S.C.A.D. found barber violated N.Y. Law against Discrimination, ordered sign removed, barber to cut all children's hair without price discrimination.
553.SC1. South Carolina v. Rev. Newman. (Columbia.)*
553.Tenn1. Tennessee v. Freeman and Exum. (Memphis.) (Shelby Co. Crim. Ct.)*
553.Tenn2. Tennessee v. Ford. (Memphis.) (Shelby Co. Crim. Ct., #86492.) Facts: VI DOCKET 49. Defs. convicted after trial; $200. and 60 days. Appeal granted by Tenn. Sup. Ct.; pending.
553.Wash2. Price v. Evergreen Cemetery Co. of Seattle. (Wash.
- 32 -

Sup. Ct.) (357 P. 2d 702, 6 R.R. L.R. 255.) Cemetery refused to bury Negro-Pls'. deceased child in section restricted to Caucasian children. Pls. sued for damages under statute making it unlawful to refuse burial to any person because such person may not be of Caucasian race. Trial ct. dismissed complaint with prejudice. Dec. 1960: Wash. Sup. Ct. affirmed (4-3) on ground statute invalid for violating constitutional provision that no bill shall embrace more than one subject and that shall be expressed in title. Mallery, J. concurred with vitriolic attack on N.A.A.C.P. which had opposed him in last election.
560. Family Matters
561. Marriage and divorce

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

562.1. Re Mr. and Mrs. Frederick Miller. (Rutland Co. Ct.) 1958: Resp. white couple received custody of girl from Social Welfare Dept., filed adoption papers. Oct. 19, 1961: Probate Ct. disapproved adoption, said law requires change in birth record of adopted child to show adopting parents as natural parents; this could not be done when parents are white and child is Negro. Oct. 26, 1961: Co. Ct. reversed decision.

Philip Hoff, Esq., Burlington, Vt.

563. Custody

563.8. Begley v. Begley. (N.Y. Ct. of App.) Facts: VI DOCKET 76, 128. Appeal pending.
564. Miscellaneous
570. Employment
571. Racial discrimination
See cases at 55.4, 55.4a, 55.4b, 55.8.

Annual reports:

U.S. Commission on Civil Rights, Employment. 1961. 246 pp. Washington 25, D.C.

Pa. Fair Employment Practice Commission, Fifth annual report. Mar. 1, 1961. 1401 Labor and Industry Bldg., Harrisburg.

Mass. Commission Against Discrimination, 15th annual report. 1960. 35 pp. 41 Tremont St., Boston.

Kansas Commission on Civil Rights, Reflector, mthly. State Office Bldg., Topeka.

New legislation:

Illinois: Jy. 21, 1961 Gov Kerner signed S. Bill 609-FEPC.

Missouri: Aug. 1, 1961 Gov. Dalton signed S. Bill 257-FEPC.

Law review article:

Walter H. Maloney, Jr., Racial and religious discrimination in employment and the role of the NLRB, 21 Md. L. Rev. 219-32.


571.15. Conley v. Gibson, Bro. Ry. Clerks. (SD Tex., Houston Div., #8443.) Facts: VI DOCKET 49. Jy. 28, 1961: DC granted Defs'. motion for summary judgment; dismissed at Pl's. cost. Pl's. motion for new trial denied.
571.18a. Eaton v. Grubbs. (ED N.C., #932.) (See earlier case: 571.18, IV DOCKET 37, 85, 111; 164 F. Supp. 191, 198, aff'd. 261 F 2d. 521, certiorari denied 358 U.S. 948.) Complaint by Negro doctors and patients charging racial discrimination in admittance policies of Def.-public James Walker Memorial Hospital. Def's. motion to dismiss pending.
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. (Colo. Sup. Ct.)*
571.30. Am. Jewish Congress v. Carter, NY S.C.A.D. and Aramco. (N.Y. S.C.A.D.)*
571.35. Local 2 Liquor Salesmen's Union v. N.A.A.C.P. (NYC Sup. Ct.)

and

571.35a. Levine v. Young, Economic Action Comm. (NYC Sup. Ct.) Facts: VI DOCKET 77. Cite: 211 N.Y.S. 2d 621.
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.) Facts: VI DOCKET 50. Dec. 16, 1960: DC denied Def's. motion to dismiss. Answer filed. Pending.
571.41. Credit Bureau of Albuquerque v. New Mexico Fair Employment Practices Comm. (formerly Coppock v. Credit Bureau.) (Dist. Ct., N.M.) (6 R.R. L.R. 335.)
571.43. Butts v. NY Central Ry. System. (N.Y. S.C.A.D.) Facts: VI DOCKET 77. Complaint dismissed, lack of probable cause. Resp. employs Negro apprentices, but maintained had no vacancy when Comp. applied. Resp. agreed to hire Comp. or another Negro when next vacancy occurs.
571.44. Arnett v. Seattle Genl. Hospital. (Wash. State Bd. Against Discrim., #E-638.) Facts: VI DOCKET 77. Cite: 6 R.R. L.R. 338.
571.46. Atchison, Topeka and Santa Fe Ry. Co. v. Calif. F.E.P.C. (L.A. Super. Ct.) (#LA-1, FEP61-B037.) (6 R.R. L.R. 332.)*
571.47. Dr. Morris, Jr. v. Chicago Hospital Council. (ND Ill., E. Div., #61 C 232.)*
571.49. Pryor v. Kansas State Employment Service. (DC Kan., Wichita.) Facts: VI DOCKET 128.*

Chester I. Lewis, Esq., 17th and Madison, Wichita.

571.50. Re South Carolina Employment Service. (Darlington, S.C.) (Pres. Kennedy's Comm. on Equal Employment Opportunity.)*
571.51. Pl. v. Resp. (Michigan Fair Employment Practices Comm.)
- 33 -

1961: Negro filed comp.; alleged he was fired because of filing prior complaint alleging racial discrimination. Resp. said Pl's. job performance justified firing. Comm., upon investigation, found Resp. manufacturing Co. had kept others with similar records. Resp. agreed to clear Pl's. record to show resignation, paid Pl. $4,000. in back pay.
571.52. Re General Electric Co., Shell Oil Co., Navy Shipyard (Charleston, S.C.), Schlitz Brewing Co., Waterboro Dress Mfg. Co., and Youngswear, Inc. (President's Committee on Equal Employment Opportunity.) Jy. 27, 1961: N.A.A.C.P. charged discrimination in hiring policies, in violation of Mar. 6, 1961 Executive Order. Pending.
571.53. McNeil v. Guy F. Atkinson Co. (California Fair Employment Practices Comm.) 1961: Comp. Negro carpenter claims denied job Aug. 8, 1960 because of race; seeks employment and 14 mths. back pay. Nov. 27, 1961: public hearing held by Comm. Decision awaited.
571.54. Glover v. Brennan's Cafe. (California Fair Employment Practices Comm.) Oct. 1960: Comp., Negro cashier, claims denied employment after referral by State Dept. of Employment; seeks employment and year's back pay. Nov. 27, 1961: public hearing held by Comm. Decision awaited.
571.55. T. H. Wilton Co. v. California Fair Employment Practices Comm. ex rel Ramsey. (Super. Ct., San Francisco.) Oct. 26, 1961: Pl., found guilty by Comm. of discrimination re hiring of Ramsey, filed suit denying job vacancy existed when incident took place, contending Co. was denied a fair hearing by Def.-Comm. Pending.
571.56. Re Westinghouse Electric Co., et al. (President's Committee on Equal Employment Opportunity.) Jy. 6, 1961: N.A.A.C.P. filed charge that companies' employment practices at plants in S.C. violate Executive Order of Mar. 6, 1961 banning discrimination in employment by Government agencies or their civilian contractors. Jy. 12, 1961: 8 defense contractors signed "plans for progress" with Comm., pledging non-discrimination and active efforts to recruit qualified Negro employees. Pending.
571.57. Rolter v. Harding-William Eastern Corp. of Chicago. (Penn. Human Relations Comm.) Spring, 1961: Jewish-Pl. charged she was fired from job because of religion. Jy. 13, 1961: public hearing begun, but Def. offered settlement; hearing discontinued. Oct. 24, 1961: Comm. accepted settlement: payment of $2,000. to Pl., signed statement by Def. it will hire without discrimination.
571.58. Owens v. School Dist. #36, Pulaski & Alexander Co. (ED Ill., #1886-D.) Fall, 1961: Pl.-Negro teachers dismissed by Def.-Bd. when 2 segregated schools merged, number of teachers reduced from 12 to 7. Pls. allege only Negro teachers dismissed, without regard to qualifications and experience. Pls. sued to enjoin dismissal, compel Def.-Bd. to reconsider action, $10,000. damages from each Def. Pending.

Ralph P. Norton, Esq., 139 N. Vermilion St., Danville, Ill.; Wallace Rudolph, Esq., 135 S. LaSalle Ave., Joel J. Srayregen, Esq., 38 S. Dearborn Ave., Bernard Weisberg, Esq., 231 S. LaSalle Ave., all of Chicago, Ill.

571.59. Sells v. Intl. Bro. of Firemen and Oilers. (WD Pa.) (6 R.R. L.R. 213.) Negro, employed as ash wheeler by railroad, acquired an engineer's license, but was prevented from bidding for engineer's job by union color-line. Pl. brought civil action, alleging conspiracy to violate his rights, against union, union officials, and employer. Jan. 1961: Def's motions to dismiss and for summary judgment denied; issue whether discrimination in fact exists on railroad is factual one, cannot be resolved on motion for summary judgment.
571.60. Re Douglas Aircraft Co. (Charlotte, N.C.), Western Electric Co. (Nashville, Tenn.) (President's Committee on Equal Employment Opportunity.) Oct. 10, 1961: charges of discrimination in employment and promotion filed by N.A.A.C.P. against companies which signed White House statement against discrimination in hiring Jy. 1961. Pending.
571.61. Re N.C. State Empl. Security Comm. (Durham), Brotherhood of R.R. Trainmen, AVCO Mfg. Corp. (Nashville, Tenn.), Liggett & Myers Tobacco Co.(Durham, N.C.), Atlantic Coast Line R.R. Co. (St. Petersburg, Fla.), and St. Louis-S.F. R.R. Co. (Memphis, Tenn.) (President's Committee on Equal Employment Opportunity.) Oct. 10, 1961: charges of discrimination in employment and promotion filed by N.A.A.C.P., with request that Comm. undertake industry-wide investigation. Pending.
572. Sex discrimination

572.1. Beary v. Queens Co. Bar Assn. (N.Y. Sup. Ct., Queens Co., #5394-1960.) Facts: VI DOCKET 50. Nov. 30, 1960: Def's. motion to dismiss granted, Pl's. motion to resettle order denied. Feb. 27, 1961: App. Div., Sup. Ct., 2d Dept. granted appt's. motion to correct record, and for stay pending appeal, otherwise denied appeal. Appeal pending.
572.3. Shpritzer v. Civil Service Comm. (Sup. Ct., NY.) Sept. 6, 1961: Pl.-NYC policewoman seeks order compelling comm. to permit her to take examination for promotion to Sergeant; alleges discrimination because of sex. Pl. contends denial of right to take test by Def. "arbitrary, capricious, archaic, and illegal". Pending.
573. Nationality discrimination

573.1. Sheets v. Metropolitan Transit Authority of Los Angeles. (Super. Ct., L.A. Co.) 1961: Suit by Pl., as representative of Bro. of Railroad Trainmen, challenging 1937 Calif. Act barring aliens from employment by Def. Issue: equal protection under Fourteenth Amendment. Pending.

Amicus brief by A. L. Wirin and Peter Aronson, Esqs., ACLU of Southern California, 323 W. Ffith St., Los Angeles, Calif.

580. Civil Actions under Civil Rights Law Not Otherwise Covered
And see 420.12, 420.14.
580.3. Pettus v. Schlet. (ED Mich.)*
590. Criminal Prosecution under Civil Rights Law

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590.4. U.S. v. Trunko. (ED Ark., W. Div.) (6 R.R. L.R. 128.) Def.-investigator for bonding co. and deputy sheriff without compensation in Ohio, arrested person in Ark. who had jumped Ohio bond and returned with him to Ohio. Dec. 9, 1960: DC held Def's. actions under color of law did not amount to violation of civil rights statute because gov't. failed to prove deprivation of civil rights was willful.
600. Suits Involving Constitutional Rights of American Indians
Report on justice and the American Indian:

U.S. Commission on Civil Rights, Justice, pp. 115-160. 1961. Washington, D.C.

Case note:

State lacks jurisdiction over abandoned Indian minor; fedl. jurisdiction exclusive: In re Colwash (356 P. 2d 994, Wash. 1960), 7 Utah L. Rev. 417-21.

601. Civil Actions between Individual Indians and Indian Tribes
602. Civil Actions Against Indians on Reservations

602.4. Washington v. Superior Ct., Co. of Yakima. (Wash. Sup. Ct.) (6 R.R. L.R. 239.) Juvenile Ct. dismissed dependency petition on ground ct. lacked jurisdiction over child who was emancipated Indian living on Indian reservation. Oct. 1960: Wash. Sup. Ct. affirmed on basis of Washington v. Super. Ct., Okanogan Co. (see 602.5)
602.5. Washington v. Super. Ct., Okanogan Co. (Wash. Sup. Ct.) (6 R.R. L.R. 239.) Juvenile Ct. declared Indian children dependent children, made them wards of ct. Oct. 1960: Wash. Sup. Ct. reversed, held jurisdiction of fedl. gov't. exclusive, juvenile ct. lacked jurisdiction.
603. Criminal Actions Against Indians on Reservations
Comment:

Criminal jurisdiction over Indians and post-conviction remedies, 22 Mont. L. Rev. 165-75.


603.2. Blackburn v. Wyoming. (Wyo. Sup. Ct.) (6 R.R. L.R. 240.) Indian convicted in Wyo. Dist. Ct. of rape, false imprisonment, and assault and battery with intent to commit a felony. Def. claimed that venue of the alleged offenses was Indian country and exclusive jurisdiction was in the fedl. ct. Nov. 1960: Wyo. Sup. Ct. aff'd., holding that crimes took place outside the reservation and on land that had been ceded to the United States and sold, and therefor was no longer Indian country.
603.3. Antelope v. Wyoming. (Wyo. Sup. Ct.) (6 R.R. L.R. 240.) Issue and decision same as Blackburn, 603.2.
604. Actions involving Real Property
605. Condemnation of Land of American Indian Reservations