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CIVIL LIBERTIES DOCKET
Vol. VII, No. 2
February, 1962
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The DOCKET is published four times each year, October to July.
OSMOND K. FRAENKEL, Chairman of DOCKET Board
ANN FAGAN GINGER, Editor

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

MATERIAL ON U.S. SUPREME COURT

Books:

Andrew D. Weinberger, Freedom and protection: the Bill of Rights. 180 pp. Chandler Pub. Co. 1962. $3. cloth, $1.75 paper.

Wallace Mendelson, Justices Black and Frankfurter: Conflict in the Court. 151 pp. U. of Chi. Press. $4.

Law review article:

Sam Rosenwein, Reflections on the 1960 Term, 21 Law in Transition 141-54.

Surveys of the Supreme Court, 1960 Term:

21 Law in Transition: I (Fall 1961) 141-206; (Winter 1962) 219-249;

I. Business of the court, 75 Harv. L. Rev. 83-99.

Comment:

An analysis of judicial methodology: Selected opinions of Justice Robert H. Jackson, 45 Marquette L. Rev. 103-116.

GENERAL CONSTITUTIONAL MATERIAL:

Lecture:

Earl Warren, The Bill of Rights and the military, N.Y.U. Law Rev. Apr. 1962.

Book:

John P. Roche, Courts and rights: The American judiciary in action. 117 pp. Random House paperback. $1.35.

Law review articles:

Felix Frankfurter, Learned Hand, 75 Harv. L. Rev. 1-4.

Kenneth Culp Davis, Ombudsmen in America: Officers to criticize administrative action, 109 U. of Pa. L. Rev. 1057-1076.

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

Chester J. Antieau, Freedom of association: Natural right and constitutional right, before Convention, National Lawyers Guild, Feb. 23, 1962. (Copies from Guild, 38 Park Row, Suite 1106, NYC 38.)

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, VII DOCKET 1. Cite for certiorari denied: 368 U.S. 819, Calif. S. Ct. decision: 359 P. 2d 45.
11.6. Morris v. Rockwell. (U.S.S.C., #390.) Facts: VI DOCKET 51-52, 101. Nov. 13, 1961: U.S.S.C. denied certiorari.

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.)*

11.12. Buckley v. Hunter College. (N.Y. Sup. Ct., 1st Jud. Dist.) Pl.-editor ("National Review") sued for injunction to compel Def. to lease its auditorium to him, alleging refusal based on attempt to require orthodoxy of opinion as prerequisite. Jan. 3, 1962: Sup. Ct. dismissed for Pl's. failure to allege discrimination because of Pl's. conservatism, with 5 pp. opinion indicating Pl. could so allege and prove.
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:

Law review article:

Stanley Fleishman, Times Film Corp. v. City of Chicago: Obscenity and prior restraint, 21 Law in Transition 235-43.

Case notes:

1961 U. of Ill. L. Rev. 332-36;

23 U. of Pitt. L. Rev. 229-33;

47 Iowa L. Rev. 162-68.
12.16. Dana v. Wm. Goldman Theaters. (U.S.S.C., #343.) (173 A. 2d 59.) Facts: VI DOCKET 1, VII DOCKET 2. Nov. 6, 1961: U.S.S.C. denied certiorari; Pa. S. Ct. affirmance of finding of unconstitutionality of Act stands.
12.17. Ohio v. Warth. (Ohio Sup. Ct.) Jan. 17, 1962: Ohio Sup. Ct. held unconstitutional statute making it misdemeanor to have in one's possession an obscene motion picture, without reference to Def's. knowledge or scienter, citing Cincinnati v. Marshall, 175 N.E. 2d 178, Smith v. Calif., 361 U.S. 147.
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13. Peddlers
14. Books, Magazines (see also 52)
Case note:

Tests of obscenity: Grove Press, Inc. v. Christenberry (276 F. 2d 433, CA 2, 1960), 15 S.W. L. Jour. 336-40.


14.9. Massachusetts Attorney General v. A Book Named "Tropic of Cancer". (Suffolk Co. Super. Ct., #78841 Eq.) Facts: VII DOCKET 2. Trial Ct. found book "obscene, indecent, impure". Appeal pending.
14.10. Haiman v. Morris, Acting Police Chief of Village of Skokie. (Cook Co. Super Ct.; 61 S 19718.) Facts: VII DOCKET 2. Feb. 21, 1962: Ct. stated its conviction of the "inherent constitutional rights and privileges of the reading public of our community"; found: (1) "Tropic of Cancer" not obscene but a serious work of art; (2) police chiefs acted unlawfully in interfering with distribution of book before adjudication. Injunction granted.

Elmer Gertz, Esq., 120 S. La Salle, Chicago, intervening for publisher and author.
14.11. Grove Press, Inc. v. Calissi, Bergen Co. Pros. (DC N.J., #900-61.) Oct. 23, 1961: Pl.-publisher of "Tropic of Cancer" sued, alleging Defs. (prosecutor and police chiefs) conspired to deprive Pls. of First Amendment rights and due process, unreasonably seized Pls'. property; seeks temporary restraining order, under 42 U.S.C. 1983. Oct. 27, 1961: DC denied injunction.

Jerome C. Eisenberg, Esq., 744 Broad St., Newark.
14.12. Zeitlin v. Arneborgh. (Los Angeles Co. Super Ct., #787-434.) Pl.-bookseller of "Tropic of Cancer" and Pl. English instructor, prospective purchaser, sued for declaratory judgment that book is protected by First Amendment and for injunction to prevent Def.-City Atty. from prosecuting booksellers who offer it for sale. Pending.

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

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

22.12. Four Star Publications, Inc. v. Erbe, individually and as Iowa Atty. Genl. (CA 8, # #16492, 16495.)*
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, VII DOCKET 2. Cite: 176 N.E. 2d 709.
24. Miscellaneous

24.9. Shuttlesworth v. Connor. (CA 5, #18838.) Facts: VI DOCKET 2, 52, 80. CA 5 affirmed, held grant of temporary injunction rests in discretion of DC.
24.10. Smith v. Cremins. (CA 9.)*
24.12. Washington ex rel. Richard G. Jones v. Bruno, Supt. of Pub. Inst. (Thurston Co. Super Ct., #33202.) Facts: VI DOCKET 53, VII DOCKET 2. Suit pending re Relator's dismissal.

Comment:

Should political broadcasting be fair or equal? A reappraisal of §315, Fed. Communications Act, 30 G.W. L. Rev. 63-83.
30. Economic Restrictions

30.1. Independent Productions Corp. v. Loew's, Inc. (SD NY, Civ., #110-304.)*

Substituted counsel: Dickstein, Shapiro and Galligan, Esqs., 20 E. 46th St., NYC 17.
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.)*

And see Emergency Civil Liberties Comm., 64.3.
30.5. Wagner v. Post Office. (U.S. Post Office.)*
30.6. Eustace v. Day, Postmaster General and U.S. Civil Service Comm. (CA DC.) (198 F. Supp. 233.) Facts: VI DOCKET 2-3, VII DOCKET 3. Oct. 25, 1961: DC granted Def's. motion for summary judgment, held no provision in Act authorizing Gov't. employees to engage in such external concerted activities. Appeal pending.
30.7. Young v. Motion Picture Assn. of America. (CA DC.) Facts: VI DOCKET 53, 102. Jan. 18, 1962: CA affirmed DC denial of Pl's. motion for preliminary injunction. Pending on discovery proceedings.
30.8. Ciepley v. Intl. Assn. of Machinists. (ND Ill., E.D., #60 C 1840.) Facts: VI DOCKET 80, 102. Jan. 10, 1962: DC dismissed. Appeal pending.
30.9. Mitchell v. Intl. Assn. of Machinists. (Dist. Ct. of App., 2d App. Dist. Calif., #24913.) Facts: VI DOCKET 80, VII DOCKET 3. D.C.A. reversed trial ct. ruling for Pls. Calif. S. Ct. denied petition for hearing.
30.10. Koch v. Bd. of Trustees, U. of Ill. (Ill. Sup. Ct.)*
30.11. Steck v. Connally. (DC DC.) Pl.-civil service employee circulated petititon to Congressman during working hours; dismissed. Pl. sued for reinstatement under Civil Service Act guarantee to employees of right of petition to Congress without reduction in rank or dismissal. Nov. 15, 1961: DC granted Pl's. motion for summary judgment.
40. Contempt
41. Federal Courts
42. State Courts

42.5. Evers v. Mississippi. (Miss. Sup. Ct., #41,960.)*
42.6. In re Goodfader. (Hawaii Sup. Ct.) Pl. in pending suit sought information from Rel.-newspaperman; Rel. refused
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to divulge confidential source of news. Nov. 3, 1961: Hawaii Sup. Ct. (Cassidy, J.) held First Amendment free press guarantee not in itself sufficient to protect reporter here from divulging this, and in absence of statute, he has no evidentiary privilege permitting him to refuse to divulge. Mizuha, J., diss.
43. Other agencies
50. Criminal Sanctions
51. Disorderly conduct and similar charges (see also 541, 542, 551, 552)

51.8. Storey v. Davis. (Cook Co. Super Co., #60 S 9228.)*
51.16. New York v. Cartagena and Bonet. (NYC Magis. Ct.)*
51.19. South Carolina v. Carras, Stradley. (Sumter Muni. Ct.)*
51.21. Tennessee v. Rev. McCrackin. (Haywood Co. Ct.) Oct. 29, 1961: Def.-minister entered Co. to aid Negro sharecroppers seeking to register and vote. (See 501.12, 501.15.) Arrested; charge: loitering; convicted; $72.50 in fine and court costs. Def. serving out fine at $2. per day; 25 day fast.
51.22. Mississippi v. Rev. A. Jones. (Jackson City Ct.) Def. drove to Jackson in "Brotherhood" car. (See 420.16.) Arrested for using loud and offensive language to policemen at service station; charge: disturbing the peace; convicted; $500. and 6 months.
51.23. New Jersey v. Baer. (Bergen Co. Muni. Ct.) Feb. 1-2, 1962: after Bd. of Educ. meeting to protest racial segregation in Englewood schools, 11 persons remained in City Hall all night; arrested; charge: disorderly conduct. Feb. 16, 1962: Magis. disqualified himself; Co. Judge dismissed charges against all 11 Defs. after hearing. Feb. 16, 1962: Ct. accepted guilty pleas from 4 Defs. who refused to leave courtroom Feb. 2 after Magis. ordered ct. cleared following applause for original 11 Defs. Charge: disorderly conduct; $25. each.

Paul Zuber, Esq., 2816 Eighth Ave., NYC.
51.24. Georgia v. Sherrod. (Dawson Co. Ct.) Feb. 9, 1962: Def.-field secy. of Student NonViolent Coordinating Comm. arrested while visiting another SNCC worker in jail; charge disorderly conduct.

And see 54.4.
51.25. Louisiana v. Rev. Cox. (Baton Rouge Dist. Ct.) Dec. 14, 1961: 22 students (Southern University) arrested during anti-segregation demonstration. Dec. 15: Def.-minister led 1500 students in demonstration against arrests; 70 arrested. Charges against Cox: obstructing sidewalk, threatening to disrupt cts., failing to disperse crowd. Dec. 16: charges dropped against 5 Defs. Bond required: $1,500. each. Feb. 1, 1962: Def. tried, convicted; 1 yr., 5 mths. and 4 mths. consecutive, $7,500. Other cases pending.

And see 51.26, 54.2, 54.3, 54.4.
51.26. Louisiana v. 300 Defs. (New Orleans Dist. Ct.) Dec. 18, 1961: 300 Negro students (Southern Univ.) and some whites began march from church to State Office Bldg. to protest arrests in 51.25; arrested. Charge: marching without a permit. Pending.

And see 51.25, 54.2, 54.3, 54.4.
51.27. South Carolina v. Randolph. (S.C. Sup. Ct., #4717.) (121 So. 2d 349.) 26 Defs. charged with conspiring to breach the peace in connection with sit-in demonstrations. At trial, Defs. argued charge too vague to defend against; trial ct. overruled contention, convicted Defs. Sup. Ct. reversed and remanded for retrial, holding charge too general, neither stating facts constituting the crime charged, nor pointing out any particular of the crime allegedly contemplated.
52. Obscenity (see also 12, 14)

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.
52.25. Mapp v. Ohio. (U.S.S.C.) See case following 303.29.
52.31. Bantam Books v. Sullivan. (R.I. Sup. Ct.) (176 A. 2d 393.) Facts: VI DOCKET 4, 81, 103. Dec. 20, 1961: R.I. Sup. Ct. reversed, upheld constitutionality of R.I. Comm. to Encourage Morality in Youth. Appeal to U.S.S.C. pending.
52.33. California v. Aday. (Alameda Co. Super. Ct., #31900.) Facts: VI DOCKET 4, 54, 103, VII DOCKET 3. Ct. granted Def's. motion under Pen. C. §995 to set aside indictment. State's appeal pending. Burbank proceeding for return of books illegally seized pending.
52.35. Larkin v. G.I. Distributors, Inc. (formerly Tenney v. Liberty News Distributors.) (N.Y. App. Div., 1st Dept.) (N.Y.L.J. Dec. 21, 1961, p. 10, cols. 3-4) Facts: VI DOCKET 54, 81, 103, VII DOCKET 3. Dec. 21, 1961: Ct. dismissed complaint, finding "basic consideration that as between upholding the principles of freedom of expression, and restricting such freedom only where publications are 'incontestably found to be obscene', freedom of expression prevails". "...there cannot be two definitions of obscenity — one limited to criminal proceedings, the other to civil cases —..."
53.37. Gerstein v. "Pleasure Was My Business". (11th Jud. Cir., Dade Co., Fla.) Facts: VI DOCKET 81, 103, VII DOCKET 3. Trial date: Mar. 5, 1962.
52.40. Massachusetts v. Interstate News Dealers Supply Co. (Mass. Sup. Jud. Ct.) Facts: VII DOCKET 3.*

Harold Katz, Esq., 73 Tremont; William P. Homans, Jr., Esq., 53 State; Sumner Z. Kaplan, 84 State St., all of Boston.
52.42. California v. Shaver. (San Mateo Dist. Ct. of App.)*
52.43. Indiana v. Kuebel. (Ind. Sup. Ct., #29,920.) Facts: VII DOCKET 4. Cite: 172 N.E. 2d 45.
- 38 -

52.44. California v. Bradley Smith. (Los Angeles Super. Ct.) Def. book dealer charged with violating obscenity law by selling "Tropic of Cancer". Feb. 24, 1962: after jury trial, in which experts testified on both sides, Def. convicted.
52.45. California v. Pershina. (Muni. Ct., Cent. Jud. Dist., Marin Co., #16644.) Def. bookstore manager charged with knowingly selling obscene matter, "Tropic of Cancer". Dec. 5-15, 1961: jury trial, in which experts testified for Def.: English profs., newspaper book editors, librarian, theologian, minister (character witness). Jury acquitted.

Lawrence Goldberg, Esq., 1 Montgomery, San Francisco; Charles Pierce, Esq., Wells Fargo Am. Trust Bldg., San Anselmo.
52.46. Maryland v. Yudkin. (Montgomery Co. Cir. Ct.) Def.-bookseller charged with unlawfully and knowingly selling obscene book, "Tropic of Cancer". Dec. 22, 1961: in jury trial, Ct. prevented Def. witnesses, English profs., from testifying whether it was a work of literary merit or an effort at pornography. Jury convicted; 6 mths.; free on $5,000. bail pending appeal.
52.47. U.S. v. Humor Magazine, Excellent Publications, Deerfield Pub. Co., Wilmot Enterprises. (DC N.H.) Sept. 22, 1961: 4 Def. publishing cos. indicted for using mails to deliver obscene literature: magazines "Caper", "The Gent", "Hi-Life". Pending.
53. Defamation

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

And see 61.11, 61.12.
53.3. Holden v. Pioneer Broadcasting Co. (Ore. Sup. Ct.) Ore. statute purports to eliminate right of defamed person to recover general damages for inadvertent libel when retraction made. Oct. 18, 1961: Ore: Sup. Ct. held act constitutional. Goodwin, J. diss. (with 2 JJ.): act leaves victim no substantial remedy; even if retraction reaches same audience as defamatory matter, no compensation for loss for which no proof can be produced, but which has been protected by jury verdict.

Law review articles:

William H. Painter, Republication problems in the law of defamation, 47 Va. L. Rev. 1131-1163.

Comments:

Special damage in defamation and injurious falsehood: Requirement of allegation and proof, 47 Corn. L.Q. 92-99.

Defamation in Virginia — A merger of libel and slander, 47 Va. L. Rev. 1116-1130.

Case note:

Newspaper's right to show absence of malice as mitigating circumstances: Farrar v. Tribune Pub. Co. (358 P. 2d 792, Wash. 1961), 47 Iowa L. Rev. 196-200.
54. Sedition, Criminal Anarchy (see also 241-4)

54.2. Louisiana v. Diamond. (Baton Rouge Ct.) Feb. 1, 1962: Def.-field secy., Student Nonviolent Coordinating Comm., stepped from taxi onto campus of Southern Univ.; arrested. Charges: trespassing, vagrancy, disturbing the peace. Later additional charge: criminal anarchy. Bail: $12,000. Pending.

Johnny Jones, Esq., 530 S. 13th St., Baton Rouge.

And see 51.25, 54.3, 54.4.
54.3. Louisiana v. Moore. (Baton Rouge Ct.) Dec. 14-15, 1961: desegregation demonstrations and arrests (51.25) at Southern Univ. Jan. 18, 1962: S. Univ. pres. closed school, ordered all students to leave and apply for readmission. Jan. 25, 1962: Univ. opened 4 days late; police patrolled campus; 7 students refused permission to register. Feb. 10, 1962: Def.-one of 7, ch. of Baton Rouge C.O.R.E., arrested. Charge: criminal anarchy.

Johnny Jones, Esq., 530 S. 13th St., Baton Rouge.
54.4. Louisiana v. Zellner and McDew. (Baton Rouge Ct.) Feb. 17, 1962: Def. Negro and white leaders of Student Nonviolent Coordinating Comm. tried to visit Def.-Diamond (54.2) in jail; arrested when brought him candy and "Scottsboro Boys", "The Ugly American", "Eight Men" by Wright. Charges: vagrancy, criminal anarchy. Bail: $7,000. each. Pending.

And see 51.25, 54.2, 54.3.
55. Picketing (see also 51, 541, 542, 551, 552)

55.4a. Indiana v. Coleman. (Michigan City City Ct.) Facts: VII DOCKET 4. Oct. 28, 1961: Muni. Ct. sustained motion to quash on ground Ord. #1390 Prohibiting Distribution, Circulation and Placing of Handbills and Other Advertisement in City was in violation of First and Fourteenth Amendments.

And see 55.4b.
55.4b. Mitnick d/b/a Central Fourth Street Drugstore v. Fair Share Organization. (Ind. App. Ct., #19741.) Facts: VII DOCKET 4. Nov. 11, 1961: La, Porte Super. Ct. issued temporary injunction against Defs. on ground racial, instead of labor, dispute involved. Appeal pending.

And see 55.4a, 55.8, and 571.35 and .35a.
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.)*

See cases at 571.

See 55.4, 55.4a, 55.4b.
55.12. Philadephia v. Defs. (Phila. Muni. Ct.)*
55.13. District of Columbia v. Gilmore. (Dist. of Col. Muni. Ct.) Feb. 5, 1962: 8 persons held vigil at White House gate urging no U.S. nuclear tests. After 4 hrs., foreign dignitary arrived; 8 arrested. Charge: violating ordinance prohibiting demonstrations within 500 ft. of any bldg. occupied by foreign dignitaries. Muni. Ct. convicted; $10. fines; Defs. served 10 days instead.
- 39 -

55.14. District of Columbia v. Moodnik. (Dist. of Col. Muni. Ct.) Feb. 17, 1962: during peace march at White House, 2 marchers attempted to photograph soldier who refused to show police his identity card and lay prostrate on pavement; arrested; charge: disorderly conduct. Feb. 19: Muni. Ct. convicted; 90 days suspended, and 30 days, or $25.
56. "Corrupt Practices"
57. Vagrancy

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

And see 54.2, 54.4.
58. Trespassing (see also 541, 542, 551, 552)

58.1. California v. Poland and Cage. (Manteca-Ripon-Escalon Justice Ct.) Defs. tried to distribute literature of Agricultural Workers' Organizing Comm., AFL-CIO at bracero camp; arrested. Charge: trespassing. Issue: whether owners of camp can make residence of up to 500 men private property so as to prevent communication of facts re labor conditions and organization. Justice Ct. found Defs. guilty after trial. Appeal pending.

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

And see Cotton, 314.5.
59. Miscellaneous (formerly 58.)
See cases at 120.
59.21. Louisiana v. Rockwell. (App. Div., Crim. Dist. Ct., Orleans Parish.)*
59.22. North Carolina v. Crowder, Covington, Lawry, Reap, Rorie and Williams. (Union Co. Super Ct.) Facts: VII DOCKET 5. Def.-Williams sought political asylum in Cuba. Defs. issued subpoenas duces tecum for U.S. Atty. Genl., N.C. Gov., Monroe Mayor for copies of Williams' reports to them of KKK and police violations of civil rights just prior to Defs'. arrest. Feb. 8, 1962: Ohio Gov. DiSalle signed extradition papers for Def.-Mrs. Mallory; Ct. of Com. Pleas granted stay til Feb. 26. Trial date: May 7, 1962.

Bernard A. Berkman, Esq., Walter Haffner, Esq., 1010 Standard Bldg., Cleveland (for Mrs. Mallory in Ohio).
59.23. Georgia v. Chas. Jones. (Albany.) Feb. 13, 1962: Def.-field secy., Student Nonviolent Coordinating Comm., arrested. Charge: letting an unlicensed driver drive his car. Charge dismissed.
60. Civil Sanctions
61. Defamation

61.4. Steinberg v. O'Connor. (DC Conn.) Facts: VI DOCKET 5. DC granted Def's. motion for summary judgement; held absolute privilege for executive officials. Appeal pending.
61.9. The New York Times v. Sullivan. (Ala. Sup. Ct.) Facts: VI DOCKET 5-6, 55, 105. Dec. 19, 1961: heard and submitted.
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 and 61.12. New York Times v. Connor. (7 suits previously listed as Mayor Morgan and Bessemer City Commrs. v. N.Y. Times consolidated.) (ND Ala., ##9659-9661.) (291 F. 2d 492.) Facts: VI DOCKET 6, 105. Nov. 22, 1961: DC, following CA 5 decision, granted Def.-newspaper's motion to quash service against it.
61.13. Abernathy v. Patterson. (formerly v. Montgomery Co. Cir. Ct.) (U.S.S.C., #622.) Facts: VI DOCKET 82, VII DOCKET 5 (erroneously under 61.12.) CA 5 affirmed DC dismissal of complaint because Pls. had not exhausted appeals in state cts. Feb. 19, 1962: U.S.S.C. denied certiorari.

And see Salisbury, 53.1.
62. Injunctions in labor disputes
63. Other injunctions
64. Miscellaneous

64.2. Re James L. Creighton. (U. of Calif. Academic Senate.)*
64.3. Emergency Civil Liberties Comm. v. Commodore Hotel. (NY Sup. Ct., 1st Jud. Dist.) Mar. 1961: Pl.-Comm. contracted with Def. to hold dinner on Bill of Rights Day, Dec. 15, 1961. Dec. 1, 1961: Def. canceled contract. Dec. 7, 1961: NY Sup. Ct. granted Pl's. petition for injunction, held Def's. statement of threat of loss of business from fraternal and patriotic groups "not a legally acceptable excuse".

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

And see Sobell Comm., 30.3.
90. Miscellaneous Freedom of Thought

90.2. Westlake Subdivisions Improvement Assns. v. Klein. (San Mateo Super. Ct., #94100.)*
110. Separation of Church and State
Law review article:

Edmond Cahn, The "establishment of religion" puzzle, 36 N.Y.U.L. Rev. 1274-1497.


110.2. Spalding v. Wooley, et al. (Marion Co. Ct., Ky.)*
110.6. Schempp v. School Dist. of Abington Township. (ED Pa., #24119.) Facts: VI DOCKET 6. Feb. 1, 1962: 3-judge statutory ct. held amended Pa. statute unconstitutional as establishment of religion in public schools; enjoined Bible reading.
110.8. Engel v. Vitale. (U.S.S.C., #468.) (176 N.E. 2d 579.) Facts: VI DOCKET 6, VII DOCKET 6. Dec. 4, 1961: U.S.S.C. granted certiorari.
110.10. Chamberlin v. Miami Bd. of Public Instruction. (11th Jud. Cir., Dade Co., #59 C 4928.)

and
- 40 -

110.10a. Resnick v. Dade Co. Bd. of Public Instruction. (Fla. Sup. Ct.)*
110.17. Dickman v. School Dist. #62-c, Oregon City. (Ore. Sup. Ct.) Facts: VI DOCKET 7. Nov. 14, 1961: Ore. Sup. Ct. (6-1) held unconstitutional 1941 act permitting parochial schools to get free textbooks from public school districts, as violative of Ore. Constitution's ban on use of state funds "for the benefit of any religious or theological institution"; did not rule on fedl. constitutional questions. Petition for rehearing pending.
110.20. Brown v. Orange Co. Bd. of Pub. Inst. (Fla. Sup. Ct.) (128 So. 2d 181.)*
110.22. Murray v. Baltimore School Bd. (Balt. Co. Ct.)*
110.23. Anderson v. Redwood City. (San Mateo Co. Super. Ct.)*
110.24. In re Anonymous. (N.Y. Ct. of App.) Facts: VI DOCKET 106. Cite: 176 N.E. 2d 917.
110.25. Matthews v. Quinton. (U.S.S.C.) (362 P. 2d 932.) Facts: VII DOCKET 6. Feb. 19, 1962: U.S.S.C. denied certiorari.
110.26. Lewis v. NY Atty. Genl. Lefkowitz. (NY Sup. Ct., Bronx.) Facts: VII DOCKET 6. Dec. 5, 1961: NY Sup. Ct. dismissed suit, held ct. without power to control discretion lodged in Atty. Genl.
120. Pacifists and Conscientious Objectors
See cases at 58.
120.17. U.S. v. Glover. (CA 8.) Facts: VI DOCKET 7-8, 106. Cite: 286 F. 2d 84.
120.18. U.S. v. Johnson, Taylor, Gallegos. (CA 9, ##16679, 16276, 16725.)*
120.21. U.S. v. Defendants. (ED S.C.)*
120.25. U.S. v. Van Hook. (ND Ill.) (284 F. 2d 489, 365 U.S. 609.) 1960: Def.-Harshmanite (sect of Church of Jesus Christ) convicted of refusing induction after draft bd. refused to grant 1-0 (C.O.) classification; 3 yrs. CA 7 affirmed. Mar. 27, 1961: U.S.S.C. granted petition for certiorari, reversed and remanded for resentencing, citing Green v. U.S., 365 U.S. 301. June 12, 1961: DC reduced sentence to 2 yrs. Sept. 26: motion to vacate sentence denied.

And see 120.26.
120.26. U.S. v. Harshman. (ND Ill.) Sept. 1961: Def.-Harshmanite (see 120.25) charged with refusing induction. At trial, DC sustained objections to testimony re Def's. beliefs and church's belief. Convicted; 2½ yrs., $1,500. Bail: $5,000. pending appeal.

Francis Heisler, Esq., Chicago.

And see 120.27.
120.27. U.S. v. Parker. (ND Ill.) Facts, issues, status similar to Harshman, 120.26. Sentence: 2 yrs., $1,000.

Francis Heisler, Esq., Chicago.

News Notes:

Central Comm. for Conscientious Objectors, 2006 Walnut St., Philadelphia.
120.28. U.S. v. Mahammed. (ND Ill.) Def., son of Black Muslims leader, charged with failure to report for induction into Army. Convicted; 3 yrs. Def. rejected opportunity to do noncombatant duty under selective service act. Nov. 2, 1961: DC denied stay pending appeal.
120.29. U.S. v. Trench. (DC N.J.) Dec. 1960: Def. failed to report for pre-induction physical, sent statement (with returned draft card) to draft bd. expressing disaffiliation from conscription system on basis of "primary teachings of Hindu, Buddhist and Christian religions in which I have an interest". Nov. 9, 1961: Def. pleaded guilty to refusing induction.
130. Denial of Tax Exemptions
140. Sunday Closing Laws

140.10a. Braunfeld v. Brown. (U.S.S.C.) Facts: VI DOCKET 106. Cite: 366 U.S. 599.

Case note:

50 Georgetown L. J. 161-65.
140.16. Morein v. Furman, N.J. Atty. Genl. (DC N.J.)*
140.16a. Fass v. New Jersey., New Jersey v. Bargain City U.S.A. (N.J. Sup. Ct.) Pl.-Jewish storekeeper alleged N.J. Sunday closing law unconstitutionally discriminated against him since his religion caused him to close on Sat., and law on Sun. Nov. 6, 1961: N.J. Sup. Ct. (4-3) rejected Pl's. appeal, affirmed Def.-employees' convictions, held N.J. Sun. closing law constitutional, under U.S.S.C. decisions in Gallagher, et al., 140.10, .10a, .19, .20, VI DOCKET 106.
140.20. McGowan v. Maryland. (U.S.S.C.) Facts: VI DOCKET 8, 106. Cite: 366 U.S. 420.

Case note:

23 U. of Pitt. L. Rev. 222-29.
150. Miscellaneous Restrictions

150.2. Pierce v. Warden LaVallee. (WD N.Y.) (293 F. 2d 233.)*
ASSOCIATION: As affecting the organization itself (200-239)
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.)*
204. Continued existence (see also 213, 223)

204.1. Alabama ex rel. MacDonald v. N.A.A.C.P. (Montgomery Co. Cir. Ct.) Facts: VI DOCKET 9, 83, VII DOCKET 7 (at 204.1a). Dec. 27, 1961: complying with U.S.S.C. order (in
- 41 -

204.1a), Cir. Ct. opened hearings on Pl. Atty. Gen'l's. motion for permanent injunction against Def. operating in state. Def. moved for integration of seating in ctroom; denied. Def. moved for instruction to court reporter to refer to all witnesses as "Mr." and "Mrs.", not just whites; denied. Def. questioned Western Union witness on method by which Pl. obtained copies of telegrams from alleged N.A.A.C.P. members to others; no answer. Dec. 29: Cir. Ct. found Def. had operated illegally in state before and after 1956 temporary restraining order; granted Pl's. motion for permanent injunction against Def. operating in state. Appeal pending.

Robert L. Carter, Esq., N.A.A.C.P., 20 W. 40th St., NYC; Arthur Shores, Esq., 1630 Fourth Ave. N, Montgomery, Ala.

And see 204.1a.
204.1a. N.A.A.C.P. v. Gallion, Ala. Atty. Genl. (U.S.S.C., #303.) Facts: VI DOCKET 107, VII DOCKET 7. Cite: 368 U.S. 16.
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.)*
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.)*
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 10-11, 107-08.

Law review article:

Samuel M. Koenigsberg, Communist Party Registration Case, 21 Law in Transition 244-49.

Case notes:

36 N.Y.U. L. Rev. 1371-78;

23 U. of Pitt. L. Rev. 237-39.
211.1a. U.S. v. Communist Party. (DC DC.) Dec. 1, 1961: Def. indicted in 12 counts for failure to register and file registration statement pursuant to S.A.C.B. order (in 211.1). Dec. 8, 1961: Def. pleaded not guilty. Jan. 5, 1962: Def. filed motion to dismiss because: (1) registration requirement requires Def's. officers to incriminate themselves; (2) only way for Def's. officers to claim privilege is by Def. in their behalf; (3) registration statement requires Def. to express agreement with the Gov't's. condemnation of it by defining "Communist-action" organization in registration statement in statutory language, which Def. rejects as inapplicable to it; (4) Act, by permitting S.A.C.B. to determine whether Def. is "Communist-action" organization, unconstitutionally denies Def. grand jury indictment, trial by petit jury on this issue; (5) Gov't. employees on indicting grand jury could not decide impartially in this case; (6) demand for list of members, financial reports is extravagantly vague and impossible of compliance; (7) punishment of $10,000. for each offense permits prosecutor "to bankrupt a political party merely because it refuses to stigmatize itself by a public confession of guilt", in violation of Eighth Amendment's prohibition against excessive fines. Trial date: Apr. 5, 1962.

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

And see Bart, 334.5.
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.) Facts: VI DOCKET 11. CA DC remanded to S.A.C.B. for hearing on Pet's. contention that it is defunct. Feb. 14, 1962: hearing date.

Mary Kaufman, Esq., 25 Broad St.; Reuben Terris, Esq., 154 Nassau, both of NYC.
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.) Facts: VI DOCKET 11. Jan. 8, 1962: CA DC remanded to S.A.C.B. for findings re dissolution of the organization and the permanence thereof.
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.) Facts: VI DOCKET 11. Jan. 8, 1962: CA DC remanded to S.A.C.B. for further hearings on proposal to strike testimony of Barbara Hartle.
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.) (S.A.C.B.) Facts: VI DOCKET 11. Jan. 8, 1962: CA DC remanded to S.A.C.B. for findings re dissolution of the organization and the permanence thereof.
211.13. Veterans of the Abraham Lincoln Brigade v. S.A.C.B. (CA DC, #13174.) Facts: VII DOCKET 7. CA rejected request to appoint counsel.

Leonard B. Boudin, Esq., 30 E. 42nd, NYC, for Emergency Civil Liberties Comm.

Article:

Brower and Brock, The Abraham Lincoln Brigade revisited, 57 Esquire 64 (Mar. 1962).
- 42 -

212. 1954 Communist Control Act

212.1. Kennedy v. Intl. Union of Mine, Mill & Smelter Workers. (S.A.C.B.) Facts: VI DOCKET 11. Dec. 26, 1961: S.A.C.B. Examiner's recommended decision filed, finding Def. to be "Communist-infiltrated". Feb. 1, 1962: Def's. exceptions filed, objecting to: (1) failure to limit findings to 3 yr. limitations period in Act; (2) failure to deal with credibility of Pet's. main witness; (3) violation of First Amendment rights because findings and conclusions based only on political affiliation of Union's leaders and on policies and views of the Union. Pending before 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

223.3. Elfbrandt v. Russell, Arizona Gov. Fannin. (Ariz. Sup. Ct.)*
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.
241.14. U.S. v. Thompson and Green. (U.S. Bd. of Parole.) Defs., convicted in Dennis (341 U.S. 494), and for contempt for not surrendering to serve terms promptly, served over 5 yrs. of 7 and 8 yr. sentences. Defs. mandatorily released (1960, 1961) on good behavior credit, barred from associating with Communists until expiration of original sentences; remained under 1949 membership indictments (see 242). Nov. 21, 1961: U.S. Parole Bd. wrote Defs., imposing on them obligation to register as members of Communist Party by Dec. 19, 1961 because Party had failed to register (see 211.1 and .1a), or to file affidavits of discontinued Party membership; otherwise, Defs. to be in violation of releases. Defs. protested "choice"; Bd. deferred action.
242. Smith Act: mere membership

242.3. Blumberg v. U.S. (DC Pa.)*
242.4. Noto v. U.S. (WD NY.) Facts: VI DOCKET 12, 109, VII DOCKET 8. Indictment dismissed on Gov't's. motion.
242.5. U.S. v. Weiss. (ND Ill. E.D.) Facts: VI DOCKET 12. Jan. 5, 1962: indictment dismissed on Gov't's. motion.
242.7. U.S. v. Russo. (DC Mass.)*
242.8. Hellman v. U.S. (CA 9.) Facts: VI DOCKET 12. Dec. 29, 1961: CA 9 reversed, held Gov't. failed to meet standards of proof set by U.S.S.C. in Yates, 241.1, Scales, 242.2, Noto, 242.4, because no proof Def. personally advocated violent overthrow, tho he was active Communist Party organizer.
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. Highlader Folk School v. Tennessee ex rel. Sloan. (U.S.S.C.) Facts: VI DOCKET 13, 84, 109, VII DOCKET 8. Cite for certiorari denied: 368 U.S. 840.
250. Civil Disabilities: Federal
251. Federal employment (and see 268)
See cases at 30.5, 30.6.
251.15. Dew v. Halaby (formerly v. Quesada.) (CA DC, #16,741.) Facts: VI DOCKET 58. Oct. 18, 1961: DC held for Defs. Appeal pending.
252. Deprivation of passport rights, right to travel
Regulations:

Jan. 12, 1962: State Dept. regulations under McCarran Act barring passports to Communists, with procedures.

253. Unfavorable Army discharges

253.9. Olenick v. Brucker. (Army Sec. Bd.)*

Case note:

Since legislative authority to sustain administrative actions which raise constitutional questions may not be implied by fed'l. judiciary, Secy. of Navy without statutory authority to issue derogatory discharge to inactive reservist under circumstances denying right to confrontation: Bland v. Connally (293 F. 2d 852), CA DC, 1961), 47 Va. L. Rev. 1252-1258.
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

257.6. Halaby, Admr., Fedl. Aviation Agency v. Susemihl. (Fedl. Aviation Agency.) Pl. moved for revocation of license of Def.-pilot, leader in Air Line Pilots Assn., under Civil Air Reg. Part 21.11 requiring applicant for Air Transport Rating to be of "good moral character". Def. moved to dismiss. Issues: whether character requirement is void for vagueness, whether action is based on Def's. activity during pilots' strike. Pending.
- 43 -

Benedict F. FitzGerald, Jr., Esq., 983 Natl. Press Bldg., Washington.
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

261.1. Wilkins v. Carlander. (Super. Ct., Kings Co., #490844.)*
261.7. Crowe v. County of Wayne, Mich. (Mich. Sup. Ct., #49211.)*
261.16. In Matter of Application of Pilliero v. Murphy, NYC Police Commr. (Queens Co. Sup. Ct., #13459—1961.) Facts: VII DOCKET 8. Nov. 29, 1961: Sup. Ct. dismissed petititon.
262. Teaching (see also 267, 280 and 342)

262.2. Bd. of Trustees, Lasson Union High School v. Owens (Calif. Dist. Ct. of App., 3rd App. Dist.)*
262.5. Pls. v. Bd. of Ky. State College. *
262.6. Lee v. N.Y. State Univ. Bd. of Trs. (N.Y. Sup. Ct.) Nov. 1961: Pl. fired by Def. from presidency of Long Island Center, after controversies resulting in resignations of dept. chairmen and faculty petition asking investigation of Pl. Jan. 4, 1962: Pl. sued for reinstatement. Issue: academic freedom, due process requirements for dismissing college admrs. Pending.

Irving Geller, Esq., 139 Dyckman, NYC.
262.8. Waring v. Dexter Comm. School Dist. and Bd. of Educ. (Washtenaw Co. Cir. Ct.) May 8, 1961: Pl.-teacher and parent spoke at PTA meeting, criticizing specific policies of Def. Bd., suggesting PTA encourage candidates to run against incumbent Bd. members; no members of Def. present. Def. immediately cancelled Pl's. 1961-62 contracts, suspended Pl. with pay thru June 1961. Suit for reinstatement pending.

Amicus appearances by Michigan Fed. of Teachers and A.C.L.U. of Michigan, 1302 Cadillac Tower, Detroit.
263. Denial of State unemployment insurance rights (see also 346)
264. Denial of State licenses

264.3. Sabel v. N.Y. Motor Vehicle Commr. Hults. (N.Y. Ct. of App.) Facts: VI DOCKET 15, VII DOCKET 9. Cite: 176 N.E. 2d 513.
265. Proceedings against attorneys and Bar applicants (see also 345, 373)

265.4. In re Schlesinger. (Pa. Sup. Ct.) Facts: VI DOCKET 15-16, VII DOCKET 9. Cite: 172 A. 2d 835.
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.

and
265.23. In re Anastaplo. (U.S.S.C.) Facts: VI DOCKET 16, 110. Cite: 366 U.S. 82.

Law review article:

Harry Kalven, Jr. and Roscoe T. Steffen, The Bar admission cases: An unfinished debate between Justice Harlan and Justice Black, 21 Law in Transition 155-96.
265.25. Marshall v. State Bar of California. (Calif. Sup. Ct.) Facts: VI DOCKET 16. Dec. 1961: Calif. Sup. Ct. denied petition to review rejection of application.

And see Anonymous, 110.24.
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.) Facts: VI DOCKET 17, 59, 110. Cite: 292 F. 2d 719.
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 note:

30 G. Wash. L. Rev. 123-27.
268.18. Margolin v. U.S. (U.S. Ct. of Claims.)*
269. Private employment — Other

269.1. Faulk v. AWARE, Inc. (Sup. Ct. N.Y. Co.) Facts: VI DOCKET 17. Trial date: before June, 1962.
269.6. Re Brookside Industries, Inc. (Mrs. Louise A. Moore.) (Natl. Labor Relations Bd.) Co. asked Relator-employee to find out from her employee-husband names of employees interested in union organizing drive. Husband gave wife names; she did not tell them to Co. Oct. 19, 1960: Co. fired wife. Jan. 5, 1962: N.L.R.B. unanimously held this firing illegal, ordered wife reinstated with back pay.
270. Criminal Penalties for Non-disclosure (see also 330)
271. Congressional Committee (see also 222, 330)
Law review articles:

Laurent Frantz, The Legislative Investigation Cases: Wilkinson, Braden and Deutsch, 21 Law in Transition 219-26 (Winter 1962).

Dean Alfange, Jr., Congressional investigations and the fickle court, 30 U. of Cin. L. Rev. 113-71.


271.9. Russell v. U.S. (U.S.S.C.) Facts: VI DOCKET 18, 111. Dec. 7, 1961: in oral argument before U.S.S.C., defense
- 44 -

counsel emphasized that indictment was fatally defective because it did not specify the subject under inquiry by HUAC, and denial of due process resulted when Gov't. and judges sought to redefine the subject under inquiry as case proceeded. Decision reserved.
271.12. Gojack v. U.S. (U.S.S.C.)*
271.13. U.S. v. Metcalf. (SD Ohio.)*
271.15. Shelton v. U.S. (U.S.S.C., #246.) Facts: VI DOCKET 18, 85. Dec. 7, 1961: in oral argument before U.S.S.C., defense counsel emphasized lack of probable cause for subpoenaing Def., indicated by Sen. Internal Security Sub.-comm. changing name on subpoena from "Willard" to "Robert" Shelton. Decision reserved.
271.16. Whitman v. U.S. (U.S.S.C.) Facts: VI DOCKET 18, 111. Dec. 7, 1961: in oral argument before U.S.S.C., defense counsel emphasized Def's. conviction was for unwillingness to answer questions about legal activities of friends years before in the Communist Party, saying this was a most compelling reason of personal privacy. Decision reserved.
271.19. Price v. U.S. (U.S.S.C.)*
271.20. Liveright v. U.S. (U.S.S.C.)*
271.23. U.S. v. Sullivan. (SD NY, #152-238.) Facts: VI DOCKET 18. Oct. 30, 1961: Def. acquitted in DC on ground of Gov't's. failure to prove the authority of the subcomm. of HUAC by giving resolution authorizing hearing in indictment or bill of particulars.
271.24. U.S. v. Yarus. (SD NY, #15586.) Facts: VI DOCKET 18. Oct. 30, 1961: Dec. acquitted on same ground as Sullivan, 271.23.
271.25. U.S. v. Seeger. (CA 2.)*
271.27. Hartman v. U.S. (U.S.S.C.)*
271.28. Grumman v. U.S. (U.S.S.C., #436.) Facts: VI DOCKET 18. Dec. 4, 1961: U.S.S.C. granted petition for certiorari.
271.29. Silber v. U.S. (U.S.S.C., #454.) Facts: VI DOCKET 18. Dec. 4, 1961: U.S.S.C. granted petition for certiorari.
271.31. Wilkinson v. U.S. (U.S.S.C.) Facts: VI DOCKET 19, 85, VII DOCKET 10. Cite: 365 U.S. 39.

Case note:

38 U. of Det. L. Jour. 659-64.
271.33. Yellin v. U.S. (U.S.S.C., #154 Misc.)*
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, VII DOCKET 10. Cite: 291 F. 2d 864.
271.40. U.S. v. O'Connor. (ND NJ.)*
271.42. U.S. v. Popper. (CA DC.) Facts: VI DOCKET 19, 111. Sentence: 6 mths. Appeal argued.
271.45. Hutcheson v. U.S. (U.S.S.C., #46.)*
271.47. U.S. v. Tobin. (CA DC.)*

And see cases at 222.
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, VII DOCKET 10. Cite: 368 U.S. 19.
272.4. NAACP, Va. Conf. of NAACP v. Ames. (ED Va., #2480.) Facts: VI DOCKET 20. Jan. 22, 1962: Ct. dismissed case.
272.4a. In Matter of Investigations by Comm. on Offenses Against Administration of Justice. (Richmond City Hustings Ct.)*
272.10. Rev. Gibson v. Florida Legislative Investigation Comm. (U.S.S.C.)*
272.12. Jordan v. Hutcheson. (ED Va., Norfolk Div., #3688.)*

And see cases at 204, 213, 373.
273. Legal and administrative tribunals
274. Refusal to produce records
280. Civil Penalties for Non-disclosure (see also 342)
281. Teachers

281.1. Nostrand v. Little. (U.S.S.C., #571.) (361 P. 2d 551.) Facts: VI DOCKET 21. Wash. Sup. Ct. held that, before Pl.-profs. could be discharged for refusal to take Subversive Activities Act non-communist oath, they were entitled under their contract to hearing before tenure comm., dismissed complaint. Jan. 22, 1962: U.S.S.C. (7-2) dismissed for want of substantial fedl. question. Douglas, J. (Black, J.) dissenting: Wash. Sup. Ct. on remand did not answer question re constitutionality of oath under First and Fourteenth Amendments, citing decision in Cramp, 281.15, re vagueness of oath language.
281.5b. Re Nash. (N.Y.C. Bd. of Educ.)*
281.5c. Adler v. N.Y.C. Bd. of Educ. (N.Y. Sup. Ct.)*
281.8. Allen v. Office Employees' Intl. Union. (Wash. Sup. Ct.)*
281.11. Wirin v. Ostly. (U.S.S.C., #505.) Facts: VI DOCKET 21, 60, 112, VII DOCKET 11. Jan. 8, 1962: U.S.S.C. denied certiorari.

And see Torcaso, 264.1.
281.12. Collins v. Huntington Beach Union High School Dist. (4th App. Dist. Ct. of App.)*
281.15. Cramp v. Bd. of Public Instruction, Orange Co., Fla. (U.S.S.C., #72.) (125 So. 2d 554.) Facts: VI DOCKET 22, VII DOCKET 11. Dec. 11, 1961: U.S.S.C. unanimously reversed, Stewart, J.: 1) "We cannot say that the appellant lacks standing to attack this statuory oath as unconstitutionally vague simply because he now personally believes he could eventually prevail in the event he were prosecuted
- 45 -

for perjury". 2) Fla. can not, "consistently with Due Process Clause . . . force an employee either to take . . . an oath [that he has never 'knowingly lent . . . aid, support, advice, counsel, or influence to the Communist Party'], at the risk of subsequent prosecution for perjury, or face immediate dismissal from public service". Black, Douglas, JJ., join in opinion and judgment, but also adhere to diss. views in Adler, Garner, Barenblatt, (271.7), concurrence in Wieman.
281.16. Macks v. Calif. Bd. of Educ. (San Francisco Super. Ct.)
281.17. In re Patrick Henry. (Calif. Bd. of Educ. H'g. Off.) Applicant for teaching credential refused to answer special questionnaire re past affiliations with Communist Party and groups advocating violent overthrow of Gov't. Credentials Comm., Calif. Bd. of Educ. denied credential on that ground alone, citing Konigsberg, 265.21: refusal to give information prevents Bd. from making reasonable investigation of Applicant's moral character. Pending before H'g. Off.

Marshall Krause, Esq., for A.C.L.U. of N. Calif., 503 Market St., San Francisco.
282. Others
290. Penalties for False Disclosure
291. Taft-Hartley Oath (see also 203, 245)

291.6. U.S. v. Killian. (U.S.S.C., #7.) Facts: VI DOCKET 22, 87. Dec. 11, 1961: U.S.S.C. (5-4) Whittaker, J., vacated and remanded solely on question whether Def. prejudiced by Gov't. refusal to produce records made by FBI re oral interviews with Gov't. witnesses; held instructions re Communist Party membership and affiliation proper. Black, J. diss.: Constitution "absolutely prohibits the Gov't. from sending people to jail for 'crimes' arising out of, . . . the imposition of test oaths that invade the freedoms of belief and political association — . . ."; Douglas, J. (Warren, C.J., Black, J.) diss.: "To convict pet. for membership linked only to the lawful objectives of the [Communist] party is inconsistent with the holding in the DeJonge case, with what the Court did in Yates (241.1) and Scales (242.2) and with the definition of 'member' spelled out with particularity in the Douds case". Brennan, J. diss.: instructions to jury re membership and affiliation fatally defective under Douds; Pet's. requested instruction should have been given: "The Communist party, like other voluntary organizations, sets forth conditions which a person must accept in order to become and remain a member. The burden is on the prosecution to prove beyond a reasonable doubt what the conditions for such membership were on the date in question, . . . and that the Def. accepted these conditions".
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.)*
295. Right of Privacy

205.3. St. Regis Paper Co. v. U.S. (U.S.S.C., #47.) Facts: VI DOCKET 112-13. Dec. 11, 1961: U.S.S.C. (6-3) Clark, J. affirmed, held corporation's copies of census reports submitted to Census Bureau not privileged from compulsory production for Fedl. Trade Comm., tho 13 U.S.C. §9 prevents FTC from obtaining original reports filed with Census Bureau. Black, Whittaker, Stewart, JJ., diss.
295.4. Hall v. Hoag, Jr. (Los Angeles Super. Ct.) Facts: VII DOCKET 11. Demurrer and motion for change of venue pending.

Allen Nieman, Esq., for A.C.L.U. of S. Calif., 849 S. Broadway, Los Angeles.
II.DUE PROCESS AND RELATED RIGHTS (FOURTH, FIFTH, SIXTH, SEVENTH, EIGHTH AND FOURTENTH AMENDMENTS) (300-499)

Comment:

Procedural protection for federal rights in state courts, 30 U. of Cin. L. Rev. 184-196.

300. Searches and Seizures
Law review articles:

John T. McTernan, Search and Seizure — A new dimension in Fourteenth Amendment due process, 21 Law in Transition 227-34.

John Scurlock, Searches and seizures in Missouri, 29 U. of K.C. L. Rev. 242-320.

Comment:

Search and seizure in the Supreme Court: Shadows on the Fourth Amendment, 28 U. of Chi. L. Rev. 664-706.

301. Wiretapping
Comment:

Wiretapping: The need for Congressional action — the Dodd proposal as meeting this need, 6 St. Louis U. L. J. 436-443.


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

Case notes:

15 S.W. L. Rev. 352-56;

22 Ohio St. L. J. 755-59.
301.16. Washington v. Cory. (Wash. Sup. Ct.) Facts: VII DOCKET 12. Correction on 3d issue: denial of motion to suppress evidence obtained in allegedly unlawful search and seizure. Pending.
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Amicus appearance by Maurice E. Sutton, Esq., 4736 University Way, and Marjorie Rombauer, Esq., 3310 - 59th St. S.W., both of Seattle.
301.17. Massachusetts v. Dougherty. (Mass. Sup. Jud. Ct.) Police concealed microphone while Defs. in adjacent cells in police station. In Defs'. trial for murder and conspiracy, police offered in evidence transcript of recording of conversation between Defs. Dec. 8, 1961: Mass. Sup. Jud. Ct. held admission of evidence proper, no violation of Mass. act making it penal offense to attempt to overhear spoken words by using listening device because of exception permitting device on premises under user's exclusive control; no violation of Fourth Amendment rights.
301.18. Carnes v. U.S. (CA 5.) (295 F. 2d 598.) In Def's. criminal trial, Gov't. sought to introduce recording of telephone conversation made with consent of one of parties, but without knowledge or consent of other. Oct. 20, 1961: CA 5 affirmed, held consenting party and third party listening in with his consent free to divulge contents of conversation in courtroom or elsewhere; listening device makes evidence re conversation more trustworthy.
301.19. New York v. Russo. (NYC Gen. Sess. Ct.) Jan. 29, 1960: 7 Defs. arrested, charge: felonious possession and sale of narcotics, conspiracy. Nov. 14, 1961: Dist. Atty. moved to dismiss Defs. because key evidence is wiretap evidence CA 2 has held in violation of Fedl. Communications Act, §605. Motion granted.
301.20. U.S. v. Sen. Harris. (ED La., Baton Rouge Div., ##1422-1424.) Dec. 27, 1961: Ala. state sen., private detective and businessman indicted for tapping telephone conversations of two ministers and director of Am. Friends Service Comm., all opposed to racial segregation. Issue: violation of Fedl. Communications Act, §605. Pending.
301.21. New York v. McCall. (Onondaga Co. Ct., Syracuse.) Nov. 15, 1961: during trial of 4 Defs. for conspiracy to violate narcotics law and intent to sell narcotics, Dist. Atty. introduced 55 tape-recorded telephone conversations among Defs. Co. Ct. admitted tapes, over Defs'. objections. Defs. convicted.

Vincent Doyle, Jr., Esq., and Harold Boreanez, Esq., Morgan Bldg., Buffalo; Paul R. Shanahan, Esq., O.C.S.B. Bldg., and Thomas Lowery, Jr., Esq., Heffernan Bldg., Syracuse.
302. Other Federal cases (and see 420)
Comment:

Admissibility of illegally seized evidence — the federal exclusionary rule — a historical analysis, 38 U. of Det. L. J. 635-649.


302.9. Abel v. U.S. (U.S.S.C.) Facts: V DOCKET 55. Cite: 362 U.S. 217.

Case notes:

15 S.W. L. Jour. 340-44;

30 U. of Cin. L. Rev. 229-32.
302.11. Wirin v. Hilden. (SD Calif.) Facts: VI DOCKET 23, 87. After trial, ct. ordered judgment for Defs.
302.16. U.S. v. Moore. (CA 5.) Facts: VI DOCKET 61. CA 5 affirmed conviction.
302.19. Hall v. Warden. (DC Md.) During Def's. trial in state ct., evidence admitted tho result of unlawful search; point not raised at trial; judgment became final; Def. filed petition while serving sentence. Jan. 23, 1962: DC rejected Def's. petition, held Mapp v. Ohio decision (52.25, 367 U.S. 643) not intended to require new trial or release in such case; U.S.S.C. must clarify retrospective nature of Mapp.
303. Other State cases (and see 420)

303.5. Franklin v. Gough. (Los Angeles Superior Ct.)*
303.9. Ohio ex rel. Eaton v. Price. (U.S.S.C.) Facts: V DOCKET 83. Cite: 364 U.S. 263.

Case note:

30 U. of Cin. L. Rev. 243-53.
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.)*
303.22. New York v. Walker. (Mineola 1st Dist. Ct.)*
303.26. Monroe v. Pape. (U.S.S.C.) Facts: VI DOCKET 24, 88. Cite: 365 U.S. 167.

Law review article:

Laurence R. Sperber, Redress under the Civil Rights Act redefined, 21 Law in Transition 197-206.

Case notes:

37 N. Dak. L. Rev. 433-37;

38 U. of Det. L. J. 655-59.

And see cases at 580, 590.
303.27. Massachusetts v. Spofford. (Mass. Sup. Jud. Ct.)*
303.28. Dorius v. Massachusetts. (Mass. Sup. Jud. Ct.) Facts: VI DOCKET 24. Sup. Jud. Ct. dismissed appeal for want of jurisdiction.
303.29. Dahlgren v. Clary. (Dist. Ct. of App., Calif.)*
52.25. Mapp v. Ohio. (U.S.S.C., #236.) Facts: VI DOCKET 4. Cite: 367 U.S. 643.

Law review article:

Joseph Sloane and Gary C. Leedes, 35 Temple L. Q. 27-44.

Case notes:

23 U. of Pitt. L. R. 233-36;

50 Georgetown L. R. 166-71;

31 Fordham L. R. 173-77;

30 G.W. L. Rev. 127-32.
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303.33. Lucero v. Donovan, Carnover. (CA 9.) Facts: VII DOCKET 13. DC dismissed suit. Appeal pending.
303.34. New York v. Du Bois. (N.Y. Co. Ct.) In criminal trial, Def. moved for suppression of evidence obtained as result of illegal search and seizure. Oct. 24, 1961: Ct. held issues of fact arising from such application to be determined by ct. and not jury, as in fedl. practice, since state Code of Crim. Proc. doesn't cover point.
310. Indictment
311. Composition of grand jury (see also 510)
312. Character of evidence

312.26. New York v. Molina del Rio. (NY Ct. of Genl. Sess.)*
312.27. California v. Billings. (Gov. Brown.) 1916: Def. and Tom Mooney, labor organizers, convicted of first degree murder for throwing bomb in Preparedness Day parade; life sentence. 1916-1939: many appeals based on insufficiency of evidence. 1939: Gov. Olson commuted sentence to time served. Dec. 21, 1961: on recommendation of majority of Calif. Sup. Ct., Gov. pardoned Def.
312.28. New York v. Zimmerman. (NY Ct. of Genl. Sess.) 1937: 7 men indicted for murder of NYC detective; tried, convicted; death sentence. 1 sentence commuted. Feb. 3, 1962: Judge Dickens quashed indictment against Def. for lack of credibility of some witnesses in 1937 trial. Def. freed.
312.29. Mitchell v. U.S. (U.S.S.C., #448 Miss.) (293 F. 2d 161.) Pet. convicted of robbery. Issue on appeal: whether materially false evidence used against Def. at trial. CA DC affirmed conviction. Jan. 22, 1962: U.S.S.C. granted certiorari, vacated judgment, remanded for hearing on Pet's. motion, to be treated as motion for new trial on ground of newly discovered evidence, citing Mesarosh, 241.2. Clark, Harlan, Stewart, JJ., diss.
313. Entrapment
And see Kai Gay, 358.a.
314. Conspiracy
Comments:

Conspiracy, concealment and the Statute of Limitations, 70 Yale L. J. 1311-1353.

Criminal conspiracy in North Carolina, 39 N.C. L. Rev. 422-456.


314.5. Cotton v. Super. Ct., Imperial Co. (Calif. Sup. Ct.) Facts: VI DOCKET 114, VII DOCKET 13. Cite: 364 P. 2d 241.

And see Poland, 58.1.
315. Right to inspect pre-trial statements of government witnesses
(Including Jencks point, 353 U.S. 357, and Jencks Act, 18 USC 3500.)
315.4. U.S. v. Consolidated Laundry Corp. (CA 2.) Facts: VI DOCKET 115. Cite: 291 F. 2d 563.
315.5. In re Grand Jury Proceedings. (ED Pa.) Witnesses testified before grand jury, offered exhibits. Def. indicted for antitrust violation. Fedl. Trade Comm. moved for permission to examine and copy transcript of testimony and exhibits re projected civil action against same Def. Nov. 14, 1961: DC denied motion on ground of public policy and interests of justice.

And see Killian, 291.6.
320. Double Jeopardy
Case note:

Court interpretations when Def. is charged for two or more offenses arising from the same act: Neal v. State (9 Cal. Reptr. 607, 1961), 37 N.D. L. Rev. 437-439.

Case notes:

Government review by mandamus of a directed judgment of acquittal: In re United States (286 F. 2d 556, 1st Cir., cert. granted sub nom. Fong Foo v. U.S., Standard Coil Products Co. v. U.S., 366 U.S. 959):

49 Cal. L. Rev. 751-758;

36 N.Y.U.L. Rev. 1378-86;

71 Yale L. J. 171-81.

321. Federal cases
322. State cases
330. Self-incrimination: Criminal Sanctions (see also 270)
331. Congressional Committees

331.10. Presser v. U.S. (U.S.S.C., #278).*
332. State Committees
See DeGregory, 272.3; Jordan, 272.12.
333. Grand juries and tribunals

333.19. New York v. Vitale. (Kings Co. Ct.) Oct. 1961: Def., subpoenaed before grand jury investigating rackets and related murder, refused to answer questions re whereabouts of fugitive. Dec. 19: Def. convicted of contempt; suspended sentence; served with second subpoena before same grand jury. Def. alleged double jeopardy. Jan. 5, 1962: Ct. granted Def's. motion to quash second subpoena.
334. Grants of immunity: federal

334.5. U.S. v. Bart. (DC DC.) Fedl. grand jury asked questions of alleged Communist Party nat'l. organization secy.; Def. refused to answer 40 on First Amendment and privilege against incrimination. March 1, 1962: DC ordered Def. to answer under 1954 Compulsory Testimony Act; Def. refused; convicted; 6 mth. sentence or until Def. answers. Def. released without bond. Appeal pending.

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

And see Ullmann, I DOCKET 16, 350 U.S. 422; Fitzgerald, II DOCKET 17, 352 U.S. 842; Comm. Party, 211.1a.
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335. Grants of immunity: state

335.10. Main v. Florida. (Dist. Ct. of App., 3d Dist.) Def. arrested; charge: commission of unnatural (homesexual) act. At trial, primary state witness refused to testify; Ct. ordered witness held in contempt. Recess called; Def. alleges Ct. promised immunity for testimony, told witness unless he testified, Ct. would issue long sentence. Witness testified; Def. convicted. Appeal pending.

Tobias Simon, Esq., 706 Ainsley Bldg., Miami, for Fla. Civil Liberties Union.

And see Kai Gay, 358.a.
336. Criminal registration laws
And see 211. 1950 Internal Security Act.
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)

342.4. San Francisco Bd. of Educ. v. Mass. (Calif. Sup. Ct.) (197 A.C.A. 461.) Facts: VI DOCKET 64, 89, 116. Nov. 29, 1962: Dist. Ct. of App. ordered mandate to issue dismissing Bd's. suit to fire Mass for running of statute of limitations. Jan. 24, 1962: Calif. Sup. Ct. denied hearing. Jan. 30: Super. Ct. dismissed Bd's suit.

And see 342.4a.
342.4a. Mass v. San Francisco Bd. of Educ. (San Fran. Super. Ct.) Feb. 17, 1962: Pl.-prof. in 342.4 filed suit for reinstatement to City College position, $65,000. in back pay, pension and retirement benefits and interest from 1953-62, $50,000. damages. Pending.

Marshall W. Krause, Esq., for A.C.L.U. of N. Calif., 503 Market, San Frnacisco.
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 Air-brake Co. (Allegheny Co. Ct. of Common Pleas, #3132.)*
344.13. Zelman v. Bethlehem Steel Co., United Steelworkers Union. (ND NY.)*
345. Attorneys (see also 265, 373)
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
Case note:

Accused's right to give limited testimony: Dyson v. United States (283 F. 2d 636, CA 9 1960), 10 Kans. L. Rev. 69-73.


353.16. Lynum v. Illinois. (U.S.S.C., #80.) (21 Ill. 2d 63, 171 N.E. 2d 17.) In trial on narcotics charge, Def's. confession introduced; convicted. Ill. Sup. Ct. affirmed. Issue: whether confession obtained by coercion: threats and promises, in violation of Fourteenth Amendment due process clause. Nov. 13, 1961: U.S.S.C. (8-1) deferred ruling on petition for certiorari; Pet. to secure certificate from Ill. S. Ct. whether its judgment intended to rest on adequate independent state ground or decision of fedl. claim necessary to its judgment. Frankfurter, J., diss.
353.17. Machibroda v. U.S. (U.S.S.C., #69.) (184 F. Supp. 881, 280 F. 2d 379.) 1956: Def., represented by counsel of choice, pleaded guilty to 2 charges of robbing banks; convicted: 25 yrs. and 15 yrs. consecutively. 1959: Def. filed motion under 28 U.S.C. §2255 to vacate sentence. Issues: Def's. plea not voluntary, but induced by promises of Asst. U.S. Atty. that sentence would be only 20 yrs.; DC accepted pleas without determining whether they were voluntary, (Fedl. Rule of Crim. Proc. 11). Gov't. opposed motion, attaching affidavit of U.S. Atty. denying promises or coercion. DC, without hearing, denied motion on ground Def's. allegations false. CA 9 affirmed. Feb. 19, 1962: U.S.S.C. (6-3) vacated, remanded to DC to hold hearing. Clark, J. (Frankfurter, Harlan, JJ.) diss. [Warren, C.J., Black, Douglas, Brennan, JJ., diss. as to point raised here as in Hill, 82 S. Ct. 468.]

Curtis R. Reitz, Esq., Philadelphia.

And see Kai Gay, 358.a.
354. Unfair press releases and newspaper coverage
Law review article:

Gerhard O. W. Mueller, Problems posed by publicity to crime and criminal proceedings, 110 U. of Pa. L. Rev. 1-26.

And see Seals, 512.29.

355. Perjured testimony (see also 312)

355.4. Sobell v. U.S. (SD NY.) Facts: VI DOCKET 28. Jan. 3, 1962: Def. field petition under 28 U.S.C. 2255 and Fedl. Rule of Crim. Proc. 35 (in nature of habeas corpus petition): 1) under Grunewald, 353 U.S. 391, re comment of prosecutor and trial ct. on Ethel Rosenberg's invocation of Fifth Amendment privilege in joint trial with Def.; 2) alleged error in trial ct's. failure to charge jury on meaning of "in time of war" in charge against Def. of committing "wartime espionage". Def. seeks alternative relief: a) set aside sentence and free him; b) grant new trial; c) make Def. eligible for parole as if convicted of peacetime espionage, maximum penalty 20 yrs., (Def. having served 11yrs.) Pending.
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356. Courts martial
Law review article:

Richard E. Blair, Court-martial jurisdiction over retired regulars: An unwarranted extension of military power, 50 Geo. L. J. 79-104.

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

Charles Gordon, Right to counsel in immigration proceedings, 45 Minn. L. R. 875-96.


358.8. Kennedy, Atty. Genl. v. Mendoza-Martinez. (U.S.S.C.)
358.15. Williams v. Sahli. (U.S.S.C.) Facts: VI DOCKET 29, 65, VII DOCKET 14-5. Feb. 5, 1962: U.S.S.C. denied certiorari.
358.17. Rusk v. Cort. (U.S.S.C.)*