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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.
- 36 -

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
- 37 -

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.
- 46 -

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.

- 47 -

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.

- 48 -

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.
- 49 -

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.)*
358.20. Re Albert Gallo. (Imm. & Nat. Serv. Spec. Inquiry Officer.)*
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, VII DOCKET 15. AFL-CIO and other organizations petitioned State Dept. to permit Pets. to go to Mexico instead of being returned to Spain. Arrangement approved; Defs. left U.S. for Mexico.
358.59. U.S. v. Marks. (SD NY.)*
358.60. Marcello v. Kennedy. (CA DC, #16553.)*
358.61. Sherman v. Hamilton. (CA 1.) Imm. Serv. subpoenaed alien as witness in investigatory proceeding intended to be initiatory step in possible deportation proceeding against him. Issue: whether 8 U.S.C. §1225(a) permits this procedure. Oct. 30, 1961: CA held Service did not exceed statutory grant in calling alien here.
358.a. U.S. v. Dear Kai Gay; U.S. v. Joe Wing Gong. (ND Calif.) Facts: VII DOCKET 15. Nov. 1961: Def. Gay convicted; appeal pending. Trial date for Gong: Feb. 19, 1962.
359. Loyalty hearings (see also 251 and 268)
360. Speedy and Public Trial
Comment:

Incarceration for unrelated offense as affecting right to speedy trial in Illinois, 1961 U. of Ill. L.F. 321-325.

370. Right to Counsel
Symposium on right to counsel: 45 Minn. L. Rev. 693-896:

William O. Douglas, Foreword

Emanuel Celler, Fedl. legislative proposals to supply paid counsel to indigents

Ellery E. Cuff, Public defender system: Los Angeles story Herman I. Pollock, Equal justice in practice

Leon T. David, Institutional or private counsel: A judge's view of public defender system

William M. Beaney, Right to counsel before arraignment

Bennett Boskey, Right to counsel in appellate proceedings

Samuel H. Kadish, Advocate and expert: counsel in penocorrectional process

371. Federal cases
372. State cases
Case note:

Def. inadequately represented by inexperienced court-appointed counsel granted new trial: Rodriguez v. State (340 S.W. 2d 61, Tex. Crim. App. 1960), 40 Tex. L. Rev. 156-159.


372.14. Hamilton v. Alabama. (U.S.S.C., #32.) (270 Ala. 184, 116 So. 2d 906, cert. den. 363 U.S. 852; 271 Ala. 88, 122 So. 2d 602, 607.) Negro-Def. arraigned for breaking and entering at night with intent to ravish; minute entries show Def. had counsel, but pleas which, under Ala. can only be made at arraignment, not made: insanity, motion to quash based on systematic exclusion of Negroes from grand juries, etc. Def. pleaded not guilty; convicted; death sentence. On appeal, Def. alleged denial of counsel at arraignment; Ala. S. Ct. could not impeach minute entries on appeal, so affirmed. U.S.S.C. denied cert. when Ala. said only remedy by way of coram nobis. On coram nobis, Ala. Sup. Ct. recognized Def's. right to counsel at arraignment under 15 Ala. Code §318, but held Def. not "disadvantaged in any way" by counsel's absence. Nov. 13, 1961: U.S.S.C. unanimously reversed, Douglas, J.: the degree of prejudice to Def. "can never be known".

Constance B. Motley, Esq., 10 Columbus Circle, NYC.

372.15. Chewning v. Cunningham. (U.S.S.C., #63.) Def. sentenced to 10 yrs. under recidivist act, Va. Code 1950 §53-296; his request for counsel at hearing denied. Trial ct. held Def. not entitled to appointed counsel since proceeding only re measure of punishment. Va. Sup. Ct. of App. refused writ of error. Feb. 19, 1962: U.S.S.C. unanimously reversed, held issues so complex under act, potential prejudice from absence of counsel so great, that rule re appointment of counsel in other types of criminal trials (Williams, 323 U.S. 471, Tompkins, 323 U.S. 485, Townsend, 334 U.S. 736, Hudson, 363 U.S. 697, McNeal, 365 U.S. 109) equally applicable here.

Daniel J. Meador, Esq., Charlottesville, Va.

372.16. Crump v. Sain. (U.S.S.C.) 1953: 22 yr. old Negro Def. charged with murder, taken into custody, held for several days, released, rearrested. During intermittent interrogation, Def. asked to see counsel; request allegedly refused by police. Def. made two confessions, allegedly without being cautioned of right not to make statement; without seeing counsel for 22 hrs. prior to second confession. Convicted, death sentence. Ill. S. Ct. reversed on nonconstitutional
- 50 -

grounds. (5 Ill. 2d 251.) Def. convicted on retrial; Ill. S. Ct. affirmed (12 Ill. 2d 402); U.S.S.C. denied certiorari (357 U.S. 906.) DC dismissed habeas corpus petition; CA 7 reversed, remanded for hearing. (264 F. 2d 424.) DC conducted hearing, denied relief; CA 7 affirmed (295 F. 2d 699.) Petition for certiorari pending.

Donald Page Moore, Esq., 105 W. Adams St., Chicago for Ill. Civil Liberties Union.

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, VII DOCKET 15. Cite: 172 A. 2d 425.

And see Jordan, 272.12.

374. Opportunity for appellate review
Case note:

Right of indigent appellant to free transcript of super. ct. proceedings: State v. Vallejos (87 Ariz. 119, 348 P. 2d 554, 1960; reversed in part on other grounds, 358 P. 2d 178, Ariz. 1960.), 3 Ariz. L. Rev. 103-105.

380. Confrontation
381. Criminal cases
382. Civil cases
390. Jury Trials (see also 510)
400. Excessive Bail; Parole Conditions
401. Amount of bail
402. Conditions imposed
See Thompson and Green, 241.14.
402.1. New Hampshire v. Valrand. (N.H. Sup. Ct.) (176 A. 2d 189.) Jy. 1960: Def. convicted of misdemeanor, 6-mth. sentence, suspended during good behavior. Sept. 1960: Def. convicted of misdemeanor; Ct. ordered Def. to serve 30 days of previous suspended sentence. Mar. 1961: Def. convicted of misdemeanor; Ct. ordered Def. to serve 5 mths. of previous suspended sentence. On appeal, N.H. Sup. Ct. held trial ct. without authority to subdivide continuous sentence.
402.2. Jamison v. Chappell. (DC DC, #1581-61 Civ.) Def. prisoner in fedl. penitentiary sued for declaratory relief and injunction against Def.-members, U.S. Bd. of Parole. Issue: validity of parole revocation hearings in which prisoners not permitted to have retained counsel, to present evidence or witnesses, or to cross-examine witnesses against them. Defs. also alleges Bd. has lost jurisdiction over him because his original sentence has expired. Motions for summary judgment pending.

Lawrence Speiser, Esq., for A.C.L.U., 1101 Vermont Ave. NW; David Isbell and Robert Muth, Esqs., Covington & Burling, Union Trust Bldg., all of Washington, D.C.

403. Denial of bail
Case note:

Right to bail during fedl. trial subject to judge's inherent power to recommit Defs. to insure orderly progress of trial: U.S. v. Bentvena (288 F. 2d 442, CA 2 1961), 110 U. of Pa. L. Rev. 118-122.


403.4. Cohen v. U.S. (U.S.S.C.) Oct. 2, 1961: Douglas, J. granted Def. bail pending appeal to CA 9 from conviction for income tax evasion. Jan. 12, 1962: CA 9 affirmed conviction; denied bail pending appeal. Jan. 30, 1962: Def. asked to have bail set, contending question on appeal re double jeopardy presented substantial question; Douglas, J., set $100,000. bail. DC rejected $100,000. bond unless $30,00. made applicable to payment of fine if appeal lost. Feb. 14, 1962: Douglas, J. held requirement that bond operate also as supersedeas would make bail excessive.
410. Cruel and Unusual Punishment
411. Criminal cases
Symposium:

On capital punishment. District Attorneys' Assn. of NY State, 7 N.Y. L. F. 247-319.

Report:

Correctional Assn. of N.Y., 117th annual report on abuses in bail bond system in N.Y. Jan. 29, 1962. (135 E. 15th St., NYC.)


411.10. Newsom v. California. (Calif. Adult Auth.)*
411.11. Winston v. U.S. (CA 2.) Facts: VI DOCKET 31, VII DOCKET 16. Feb. 28, 1962: CA 2 reversed, reinstated Pl's. complaint, held Fedl. Tort Claims Act does not except prisoners.
411.12. Mississippi v. Kennard. (U.S.S.C.)*

And see Evers, 42.5.

411.13. Georgia v. Cobb. (Ga. Sup. Ct.) Facts: VII DOCKET 16. Trial ct. denied motion for new trial. Appeal argued Mar. term, 1962.
411.14. Dean v. Smith and Chicago. (Cook Co. Cir. Ct., #58 C 12494.)*
411.15. Butler v. Ellis, Dir. of Tex. Dept. of Corrections. (SD Tex., Houston Div., #13,551.) (6 R.R.L.R. 454.) Mar. 10, 1961: Pl., prisoner in state penal institution, sued, under Civil Rights Act, alleging Def. withheld correspondence regarding proposed medical treatment recommended by prison doctors to be sent to Bd. of Pardons and Paroles. DC held complaint stated cause of action, granted motion to proceed in forma pauperis.
412. Extradition

412.8. In re Williams. (U.S.S.C.) Facts: VI DOCKET 31. U.S.S.C. denied petition for certiorari. Stay of Co. warrant revoked. Pet. removed to Ga. prison.
412.10. In re Albert Owings. (N.J. Sup. Ct.)*

And see Mallory extradition issue in Crowder, 58.22.

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413. Civil cases

413.4. Googe v. Shapiro. (DC Conn., #8857.)*
413.4a. Connecticut v. Jane Doe. (Conn. Sup. Ct.) Suit filed by state, after 413.4, for declaratory judgment on constitutionality of act authorizing deportation of individuals. Pending.
413.6. Re Henry A. Brown. (N.Y.C. Sup. Ct.) 1946: Applicant pleaded guilty to carrying concealed, loaded pistol. 1962: Police Dept. denied application for two-truck operator's license because of 1946 conviction, without opportunity for App. to testify at hearings. Jan. 8, 1962: Sup. Ct. found this "a cruel extension of punishment", ordered Dept. to review application.
413.7. Levey v. Murphy, NYC Police Commr. (NY Co. Sup. Ct., #7993/1961.) 1941: Pl., then 5, played hookey from school; 1944: Pl. 8, threw bottles at train; 1952: Pl., 15, was passenger in car with unlicensed driver. 1961: Pl., now 25, passed Police Dept. written and physical exams, certified eligible for appointment by NYC Civil Serv. Comm. Def.-Commr. failed to appoint Pl. to Police Dept. because of childhood actions, claiming sole and exclusive power to appoint. June 16, 1961: Pl. filed petition for injunction. Pending.

Samuel Resnicoff, Esq., 280 Broadway, NYC.

420. Illegal arrest (and see 302, 303)

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.)*
420.11. Duble v. Brown and Chicago. (Cook Co. Super. Ct., #60 S 19040.)*

And see 420.11a.

420.11a. Duble v. Brown and Chicago. (ND Ill., E Div.) Companion suit to 420.11, see VI DOCKET 67, filed in DC under Civil Rights Act, §1983. Pending on Defs'. motions to dismiss.
420.12. Hardwick v. Hurley. (ND Ill., E. Div.) Facts: VI DOCKET 67, 119. Judgment entered for $1,500. in settlement. City of Chicago paid judgment.
420.14. Rogers v. Biskup and Chicago. (ND Ill., E. Div., #60C-457.) Facts: VI DOCKET 67. Case settled with Def.-City paying judgments.
420.16. Rev. Jones v. Shreveport Officials. (WD La.)*
420.19. Chase v. Police Chief Card. (Staples, Minn. Muni. Ct.) Jy. 31, 1959: Pl. broadcast thru public address system in his car his belief that corruption exists in local gov't.; arrested by Def. without warrant or complaint; jailed. Charge: disturbing the peace. Charges withdrawn day before trial. Pl. then sued for false arrest. 1961: After trial, Pl. awarded $1,157.17 damages.

And see Cedeno, 303.14.

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

See Codarre, 440.1.

Symposium:

William B. McKesson, Right to counsel in juvenile proceedings, 45 Minn. L. Rev. 843-52.

440. Due Process for Incompetent Defendants

440.1. New York v. Codarre. (N.Y. Ct. of App., #226.)*
440.2. Lynch v. Overholser. (U.S.S.C.) Facts: VII DOCKET 17.*

Francis M. Shea, Esq., 734 - 15th St. NW and Lawrence Speiser, Esq., 1101 Vermont Ave. NW, both of Washington, D.C., for A.C.L.U.

Case note:

15 Rutgers L. Rev. 624-34.

450. Post-Conviction Remedies
And see Billings, 312.27.

Case note:

Discretion of District Court to hold hearing de novo on application for habeas corpus writ by state prisoner: Rogers v. Richmond (81 S. Ct. 735, 1961), 47 Iowa L. Rev. 182-191.

490. Miscellaneous Due Process

490.6d. Connecticut v. Griswold and Buxton. (Cir. Ct., App. Div.) After U.S.S.C. decision in Poe, 490.6, VI DOCKET 120, Def. exec.-dir. of Planned Parenthood League and Det.-Dr. opened clinic. Nov. 1961: Defs. arrested. Charges: violation of 1879 Conn. act prohibiting use or prescription of contraceptive devices or drugs. Jan. 2, 1962: Dets. convicted after trial; $100. fine. Appeals pending.

Catherine Rorabach, Esq., 185 Church St., New Haven.

490.15. Planned Parenthood Comm. of Phoenix v. Maricopa Co. Medical Director. (Ariz. Sup. Ct.) Facts: VI DOCKET 32, 68. Appeal pending.

Case note:

Right to impartial tribunal — Legality of fee compensation for Justices of the Peace: Application of Borchert, (359 P. 2d 789, Wash. 1961), 38 U. of Det. L. J. 650-655.

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

Book:

Richard Barnett and Joseph Garai, Where the states stand on civil rights. 160 pp. Bold Face Books. $2.95.

Law review articles:

Earl Lawrence Carl, Reflections on the "Sit-Ins", 46 Corn. L. J. 444-457.

- 52 -

Joseph Losos, The impact of the Fourteenth Amendment on private law, 6 St. Louis U. L. J. 368-379.

Joseph L. Call, The Fourteenth Amendment and its skeptical background, 13 Bay. L. Rev. 1-20.

Report:

Race Relations in the South - 1961: Department of Records and Research, Tuskegee Institute, Alabama.

500. Elections
501. Racial discrimination
Law review article:

George David Zuckerman, A consideration of the history and present status of sec. 2 of the Fourteenth Amendment, 30 Ford. L. Rev. 93-136.


501.2. Ivy v. Cole, Registrar. (Halifax Co., N.C.) (ED N.C., Wilson Div., #610-Civ.)*
501.6a. Gomillion 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 note:

109 U. of Pa. L. Rev. 1173-78.

501.6b. Livingston v. U.S. (Macon Co., Ala.) (CA 5.)*
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.)*
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 notes:

30 U. of Cin. L. Rev. 234-39;

47 Corn. L. Q. 71-77.

501.12. U.S. v. Atkeison. (Fayette Co.) (WD Tenn., #4131.)*
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, VII DOCKET 18. Nov. 1961: DC issued injunction.
501.15. U.S. v. First State Bank of Brownsville, Inc. (Haywood Co., Tenn.) (WD Tenn.)*
501.15a. U.S. v. Beaty and Barcroft. (Haywood Co.) (WD Tenn., # #4065, 4121.)*
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., #2394½.) (Co. Bd. of Elec.) Facts: VI DOCKET 24, 121, VII DOCKET 18. Nov. 1961: Pl. given another test; passed, registered to vote.
501.18. U.S. v. Sharrow. (SD NY, #617 Crim. 275.) Facts: VI DOCKET 34, 121. Nov. 29, 1961: trial; Def. found guilty, $100. fine. Appeal pending.
501.19. U.S. v. Alabama, and Thompkins. (Bullock Co., Ala.) (MD Ala., #1677-N.)*
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, VII DOCKET 19. Feb. 19, 1962: Pl's. motion for production of records granted; Def. given 15 days to produce same.
501.22. U.S. v. Manning. (E. Carroll Parish, La.) (WD La., #8257-M.) Facts: VI DOCKET 121. Nov. 27, 1961: Trial held, taken under advisement.
501.23. Montoya v. Bolack. (N.M. Dist. Ct., 2d Jud. Dist., Bernalillo Co., #85725.) Facts: VI DOCKET 121. Nov. 17, 1961: Sup. Ct. granted appeal. Pending.
501.24. Anderson v. Courson, Hobson-ch., Democratic Co. Exec. Comm., Registrars. (Albany and Dougherty Cos., Ga.) (MD Ga., Albany Div., #686 Civ.) Facts: VI DOCKET 121. Feb. 8, 1962: DC issued declaratory judgment for Pls., denied injunction, relying on voluntary compliance by Defs.
501.25. Bell v. Martin. (ED La., #2432.)*
501.26. U.S. v. Penton, Registrars. (Montgomery Co., Ala.) (MD Ala., #1741-N.) Facts: VI DOCKET 19. Jan. 4, 1962: Hearings held; decision awaited.
501.27. U.S. v. Citizens Council, Registrar Lucky, Louisiana. (Ouachita Parish, La., #8366.)*

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.)*
501.29. U.S. v. Duke, Cir. Ct. Clerk and Registrar, and Mississippi. (formerly v. Registrar and Mississippi.) (Panola Co., Miss.) (DC Miss., #D-C-45-61.)*
501.30. U.S. v. Ramsey, Registrar, and Mississippi. (Clarke Co., Miss.) (SD Miss., Meridian Div., #1084-Civ.)*
501.32. Kennedy v. Lewis, Cir. Clk. and Registrar. (Bolivar Co., Miss.) (ND Miss., Clarksdale Div., #D-C-1-61.) Facts: VII DOCKET 19. Oct. 23, 1961: DC ordered Pl. to file more definite statement. Feb. 15, 1962: Pl. filed motion for reconsideration of ct's. order. Pending.
501.33. U.S. v. Wood, Registrar, and Mississippi. (Walthall Co.) (SD Miss., Hattiesburg Div., #1656.)*

And see 501.33a.

501.33a. U.S. v. Wood and Craft. (Walthall Co.) (SD Miss., #1670.)*

And see 541.41, .41a, .41d.

501.34. U.S. v. Daniel, Registrar, and Mississippi. (Jefferson Davis
- 53 -

Co., Miss. (SD Miss., #1655.)*
501.35. U.S. v. Registrar, and Louisiana. (Madison Parish, La.) (WD La., #8547.)*
501.36. U.S. v. Wilder, Registrar, and Louisiana. (Jackson Parish.) (WD La.) Feb. 21, 1962: U.S. filed suit seeking injunction against alleged discriminatory actions against Negro voters. Pl. charges reduction in Negro voters was brought about by "racially discriminatory acts". Pending.
501.37. U.S. v. Louisiana. (ED La., #2548.) Dec. 28, 1961: U.S. filed suit challenging constitutionality of La. law requiring voter registrants to pass constitutional interpretation test. Pls. charge test is a device to keep Negroes from registering, that local registrars are given "vast discretion" in applying test. Pending.
501.38. Florida ex rel. Barancik v. Gates. (Fla. Sup. Ct.) Fla. acts authorize Co. supervisor of registration, for specified reasons, to strike voter's name from registration books without notice or hearing. Nov. 17, 1961: Fla. Sup. Ct. held acts unconstitutional for failure to provide for notice and hearing: "the right to vote and to have one's name remain upon the registration lists is a right which transcends property rights...."
502. Political discrimination
503. Urban discrimination

503.1. Baker v. Carr. (Tennessee.) (U.S.S.C.)*
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, VII DOCKET 20. Jan. 11, 1962: 3-judge fedl. ct. granted motion to dismiss. Appeal to U.S.S.C. filed.
503.7. Pls. v. Ind. Gov. Welsh, Secy. of State, State Elec. Bd., Co. Clerks. (SD Ind.) Aug. 1961: suit filed by 4 Ind. voters from 4 counties alleging their cos. "substantially" under-represented due to lack of reapportionment since 1921, despite Ind. constitutional requirement that it be done every 6 yrs. Issue: denial of equal protection; whether Eleventh Amendment bars suit against Defs. because in reality suit against State; is fedl. ct. proper forum? Pending.
510. Juries
511. Federal employees
512. Racial discrimination

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

And see Kennard, 411.12.

512.28. New York v. Agron. (N.Y. Ct. of App.) Facts: VII DOCKET 20. Feb. 7, 1962: Gov. commuted sentence to life imprisonment.
512.29. U.S. ex rel. Seals v. Wiman. (CA 5, #19391.) Oct. 1958: Def.-Negro indicted by all-white jury for alleged rape of white woman: pleaded not guilty. Def. retained white atty. Dec. 3-4, 1958: in trial: before all-white jury, Def's. atty, did not raise any Fourteenth Amendment questions. Def. convicted; death sentence. Ala. Sup. Ct. denied appeal. 122 So. 2d 513. Def. hired Negro atty. who promptly filed writ of error coram nobis raising Fourteenth Amdt. issues; denied by Ala. Sup. Ct. 126 So. 2d 474. U.S.S.C. denied petition for writ of certiorari without prejudice to application for habeas corpus petition. 366 U.S. 954. Gov. denied clemency. Jy. 6, 1961: DC granted writ of habeas corpus, stayed execution pending appeal. Nov. 29, 1961: DC discharged writ, denied application for certificate of probable cause and stay pending appeal. Dec. 7, 1961: CA 5 Justice granted certificate, permitted appeal on original record, ordered execution postponed until appeal finally determined. Issues before CA 5: 1) Negroes systematically excluded from grand and petit juries in this case; 2) trial in segregated system of Ala. violated U.S. Constitution; 3) prejudicial atmosphere in newspapers deprived Def. of fair trial; 4) trial by elected judge in state where Negroes denied right to vote requires reversal; 5) verdict based on illegally obtained evidence; 6) death penalty not equally applied to Negroes and whites in state. Pending.

Charles S. Conley, Esq., 530 S. Union St., Montgomery, Ala.; Martin Bradley, Esq., 800 Ellicott Sq., Buffalo; Arthur Kinoy, Esq., 17 E. 49th St., NYC; Morton Stavis, Esq., 744 Broad St., Newark, N.J.

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

515.1. Hoyt v. Florida. (U.S.S.C., #31.) (119 So. 2d 691.) Facts: VII DOCKET 20. Nov. 20, 1961: U.S.S.C. (9-0) Harlan, J. affirmed: 1) Fla. §40.01 (1) does not purport to exclude women from state jury service; 2) "We cannot say that it is constitutionally impermissible for a State, acting in pursuit of the general welfare, to conclude that a woman should be relieved from the civic duty of jury service unless she herself determines that such service is consistent with her own special responsibilities". 3) Record shows administration of act was not done to purposefully discriminate against women. Warren, C.J., Black, Douglas, JJ. concur in result because of 3).

Herbert B. Ehrmann, Esq., Boston.

520. Education
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.) (CA 4.) Facts: VI DOCKET 35, VII DOCKET 20. March 26, 1962: Oral argument.
522. Suits to enforce integration

522.Ala.3. Koen v. Knight. (Ala. Vocational Schools.) (SD Ala., #2434.) Facts: VI DOCKET 94, 122, VII DOCKET 20. Dec. 29, 1961: Def's. motion to dismiss denied. Jan. 15, 1962: Defs. filed answer to amended complaint. Pending.
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522.Ala4. Reed v. Washington Co. Bd. of Educ. (Reeds Chapel.) (CA 5.)*
522.Ark5. Dove v. Parham. (Dollarway School Dist.) (ED Ark., #3680.)*
522.Fla3. Mannings v. Bd. of Pub. Inst., Hillsborough Co. (Tampa.) (SD Fla., #3534.)*
522.Fla5. Augustus v. Escambia Co. Bd. of Public Educ. (Pensacola.) (CA 5.)*
522.Fla6. Tillman v. Bd. of Public Inst., Volusia Co. (SD Fla., Jacksonville Div., #4501.) Facts: VI DOCKET 37, 70, VII DOCKET 21. Oct. 30, 1961: Def's. motion for summary judgment argued; decision awaited.

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

522.Fla7. Braxton v. Bd. of Public Inst., Duval Co. (Jacksonville.) (SD Fla., #4598.) Facts: VI DOCKET 70, 94, 122, VII DOCKET 21. Dec. 21, 1961: Final hearing held in DC; decision awaited.
522.Fla8. Bornas v. Bd. of Pub. Inst., Broward Co. (Ft. Lauderdale.) (Broward Co. Cir. Ct.)*
522.Fla9. Weaver v. Bd. of Pub. Inst., Brevard Co. (SD Fla., Orlando Div.)*
522.Fla10. Mays v. Bd. of Pub. Inst., Sarasota Co. (SD Fla., Tampa Div., #4242-Civ. J.)*
522.Ga3. Calhoun v. Latimer. (Atlanta.) (ND Ga., Atlanta Div., #6298.)*
522.Ga6. Pls. v. Chatham Co. Bd. of Educ. (Savannah.) (SD Ga.) Jan. 1962: desegregation suit filed by parents of 36 Negro children seeking injunction against continued operation of compulsory biracial school system; assignment of students and teachers and other personnel without regard to race or color; budgets, contracts and other acts designed to perpetuate racially segreated schools. Pending.
522.Ill1. Webb v. Bd. of Educ. (Chicago.) (ND Ill., E. Div., #61 C 1569.)*
522.La1. Bush v. Orleans Parish School Bd. (New Orleans.) (ED La., #3630.) (CA 5, #18520.) (367 U.S. 908 aff'g. 191 F. Supp. 871; 368 U.S. 11.) Facts: VI DOCKET 37-8, 70, 94, 112, VII DOCKET 21. Fall 1960: McDonough (white) school desegregated under DC order; 2 Negro children enrolled; all whites boycotted. Fall 1961: 3 more Negro children enrolled; plus 15 white children. Jan. 8, 1962: Def. Bd. voted to re-segregate McDonough as all-Negro school. Jan. 23: DC issued temporary restraining order against Bd. action.
522.La2. Hall v. St. Helena Parish School Bd. (U.S.S.C., #586.) (368 U.S. 830; 197 F. Supp. 649.) Facts: VI DOCKET 38, 70, 94, 122, VII DOCKET 21-2. Feb. 19, 1962: U.S.S.C. affirmed 3-judge ct. (Aug. 30, 1961) ruling that La. local option law unconstitutional. Jan. 22, 1962: Pls. in Hall and Davis, 522.La4, moved DC to direct Def.-Bds. to draft desegregation plans for: assignment of children on non-racial basis, allotment of funds, construction of schools, approval of budgets, elimination of any other discrimination in operation of school system. Pending.
522.La4. E. Baton Rouge Parish School Bd. v. Davis. (ED La., Baton Rouge Div., Civ. #1662.) Facts: VI DOCKET 38, 70, VII DOCKET 22. See Hall, 522.La2.

Feb. 2, 1962: Def's. motion to change venue to Baton Rouge granted.

522.La6. Williams v. Prather. (Northwestern State College.) (WD La., #5000 Civ.) Facts: VI DOCKET 38. DC dismissed for inaction by Pl.
252.La11. La. State Bd. of Educ. v. Allen. (Shreveport Trade School.) (U.S.S.C., #217.) Facts: VI DOCKET 38, 70, VII DOCKET 22. Cites: 287 F. 2d 32, 368 U.S. 830.
522.Mich3. Sherrill School Parents Comm., Bentley v. Bd. of Educ. (Detroit.) (ED Mich., S. Div., #22092.) Jan. 22, 1962: injunction suit filed by Pl.-voluntary assn. of 300 Negro and white parents in Sherrill school dist., and Pl.-Negro and white homeowners and parents, alleging Def.-Bd. followed policies and practices designed to create and maintain segregated schools for Negro pupils by: gerrymandering school district lines, discriminating in employment practices re teachers, permitting deterioration of existing schools and failing to provide new schools, using inexperienced teachers in segregated schools, discriminating re transfers to schools outside district and in student apprenticeship program and in standards of education. Pending.

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

522.Miss1. Meredith v. Fair. (U. of Miss.) (SD Miss., Jackson Div., #3130.) Facts: VI DOCKET 122, VII DOCKET 22. Dec. 13, 1961: DC denied preliminary injunction; on appeal, CA 5 held unconstitutional the requirement that applicant supply recommendations from 5 Univ. alumni, remanded for trial on merits. Feb. 3, 1962: after trial, DC held Univ. "is not a racially segregated institution", refused to order Pl. admitted. Appeal pending.
522.NJ2. Beal v. Bd. of Educ. (Newark.) (DC N.J., #839-61.) Facts: VII DOCKET 22. Feb. 26, 1962: hearing on motion for production of documents and objections to certain interrogatories.
522.NJ3. Shepard v. Bd. of Educ. (Englewood.) (DC N.J., #106-62.) Feb. 6, 1962: Injunction suit filed under 28 U.S.C. §1343 charging Def. Bd. with operating segregated public schools by gerrymandering school districts, choice of school sites, and rigid requirements that children attend neighborhood schools. Pending.

George D. Jetter, Esq., 73 Main St., Millburn, N.J.

522.NY4a. Taylor v. Bd. of Educ. (New Rochelle.) (U.S.S.C., #518.) (195 F. Supp. 231, 294 F. 2d 36.) Facts: VI DOCKET 38, 71, 95, 123, VII DOCKET 22. Dec. 11, 1961: U.S.S.C. denied certiorari.
522.NY5. Rector v. Bd. of Educ. (New York City.) (SD NY, #62 Civ. 249.) Jan. 16, 1962: Injunction action filed by
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Pl.-Negro junior high pupil on behalf of all Negro and Puerto Rican children similarly situated. Complaint alleges Def.-Bd. controls percentage of Negro and Puerto Rican children attending particular high schools by requiring jr. highs to feed only into certain highs; result: 90% of Negro pupils attend 20% of high schools. Pending.

Paul B. Zuber, Esq., Maple Grove Albany Post Rd., Croton-on-the-Hudson, N.Y.

522.NC6. Jeffers v. Whitley, N.C. Supt. of Pub. Inst. (Caswell Co.) (MD N.C., Greensboro Div., #1079.) Facts: VI DOCKET 38, VII DOCKET 22. Dec. 29, 1961: DC ordered 2 Pls. admitted, dismissed actions of other Pls. Def's. appeal pending.
522.NC10. McCoy v. Greensboro Bd. of Educ. (MD N.C., #C-26-G-59.) Facts: VI DOCKET 38, 123. Def.-Bd. admitted Pls. under DC order; case closed.
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.) Facts: VI DOCKET 39, VII DOCKET 22. Oct. 31, 1961: Def.-Supt. refused to answer questions on deposition. Dec. 21: DC ordered Supt. to answer. Pending.
522.NC14a. Spaulding v. Durham City Bd. of Educ. (MD N.C., #C-116-D-60.)*
522.NC15. Vickers v. Chapel Hill Bd. of Educ. (MD N.C., #11-D-60.) Facts: VI DOCKET 39, VII DOCKET 22. Pls. admitted to school; case closed.
522.NC16. North Carolina v. Chance. (Harnett Co. Super. Ct.)*
522.NC16b. Chance v. Hartnett Co. Bd. of Educ. (DC N.C., Raleigh Div., #1263.)*
522.N17. Wynn v. Trs., Charlotte Community College System. (N.C. Sup. Ct.) Facts: VI DOCKET 123, VII DOCKET 22. Nov. 8, 1961: N.C. Sup. Ct. affirmed Co. Ct. denial of injunction, held no discrimination shown toward any prosspective student. Appeal to U.S.S.C. pending.
522.Okla6. Dowell v. Bd. of Educ. (Oklahoma City.) (WD Okla., #9452.) Facts: VII DOCKET 23. Apr. 3, 1962: trial date before 3-judge fedl. ct.
522.Pa1. Chisholm v. Bd. of Pub. Educ. (Philadelphia.) (ED Pa., #29706.) Facts: VI DOCKET 123, VII DOCKET 23. Jan. 9, 1962: DC denied motion of Phila. Fed. of Teachers to appear amicus; appeal pending in CA 3.
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. Johnson v. Trs., School Dist. #20, Charleston Co. (formerly listed as Pls. v. School Dist.) (S.C. Sup. Ct.) Facts: VI DOCKET 71. Appeal dismissed.

Russell Brown, Esq., 230 Coming St., Charleston, S.C.

And see Johnson, 521.2.

522.Tenn1a. Boyce v. Humphreys Co. Bd. of Educ. (Nashville.) (MD Tenn., #3130.) Facts: VII DOCKET 23. Dec. 20, 1961: DC ordered 8 Pls. admitted to desegregated classes Jan., 1962; ordered Def. to desegregate grades 1-5 Jan., 1962 and remaining grades Sept. 1962. Pls. admitted under order Jan. 1962.
522.Tenn6. Goss v. Bd. of Educ. (Knoxville.) (CA 6, #14425.)*
522.Tenn7. Northcross v. Memphis Bd. of Educ. (CA 6, #14642.)*
522.Tenn8. Mapp v. Chattanooga Bd. of Educ. (CA 6, ##14444, 14517.) Facts: VI DOCKET 40, 71, 95, 123, VII DOCKET 23. Nov. 13, 1961: CA 6 affirmed DC judgment finding Bd's. desegregation plan not a reasonable start toward ending compulsory segregation. Remanded to DC; Def. did not appeal.
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.) Facts: VII DOCKET 23. Oct. 1961: DC ordered 3 Negro Pls. admitted to previously all-white schools. Nov. 22, 1961: DC ordered total desegregation of 10 grades Jan. 1962. Def.-Bd. complied.
522.Tenn11. Vick, Carson and Morris v. Obion Co. Bd. of Educ. (Jackson.) (DC Tenn.) Facts: VII DOCKET 23. Jan. 1962: Def.-Bd. permitted 3 Negro eighth grade students to transfer to previously all-white schools under Pupil Placement Law; rejected 1 transfer request.
522.Tex7. Ross v. Rogers. (Houston.) (DC Tex., Houston, #10,-144.) Facts: IV DOCKET 32, V DOCKET 63, 94, VII DOCKET 23. Nov. 9, 1961: DC denied motion for immediate injunctive relief. Jan. 23, 1962: DC denied Pls'. motion to cite for contempt. Feb. 17, 1962: submitted on Pls'. motion for injunction.
522.Tex10. Flax v. Potts. (Fort Worth.) (ND Tex., Forth Worth Div., #4205.) Facts: VII DOCKET 23. Nov. 16, 1961: DC ordered Def. to submit plan for operating schools on nondiscriminatory basis by Dec. 16, 1961. Def's. motion for new trial pending.
522.Tex13. Robinson v. Evans. (Galveston.) (ED Tex., #2643.)*
522.Tex14. Eastland v. Wheat. (Northeast Houston.) (SD Tex., #13,330.) Facts: VI DOCKET 40. Nov. 23, 1961: Def's. plea in abatement denied. Pending.
522.Tex15. Evans v. Brooks, Supt., Texas City Ind. School Dist. (SD Tex., Galveston Div., #2803.)*
522.Tex16. Sanders v. Ransom. (U. of Tex.) (WD Tex.) Suit filed by Negro students at U. for abolition of all segregation in dormitories. Pending.
522.Va1. Allen v. Co. School Bd. (Prince Edward Co.) (ED Va., #1333.) Facts: VI DOCKET 40, 71, 123, VII DOCKET 23. Pls'. appeal from failure of DC to rule on certain issues pending.

And see 522.Va1a.

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522.Va1a. Griffin v. Co. School Bd. (Prince Edward Co.) (Va. Sup. Ct. of App.)*

And see 522.Va1b.

522.Va1b. Howard v. Co. School Bd. (Alleghany Co.) (Va. Sup. Ct. of App.) 1959: Chap. 68 enacted permitting sale of school bldgs. and other facilities to private organizations if voters decide to close public schools. Nov. 27, 1961: Va. Sup. Ct. of App. held Va. Const., §129, "imposes upon . . . Genl. Assembly the obligation to establish and maintain an efficient system of public free schools throughout the state", found act unconstitutional.

And see same issue in 522.Va1a.

522.Va3a. Adkinson v. School Bd. (Newport News.) (ED Va., Newport News Div., #642.)*
522.Va4. Hill v. School Bd. (Norfolk.) (ED Va.)*
522.Va5. Allen v. School Bd. (Charlottesvile.) (DC Va.)*
522.Va6. Thompson v. School Bd. (Arlington.) (ED Va., #1341.) Facts: VI DOCKET 41, VII DOCKET 24. Dec. 27, 1961: Pls. filed motion for further relief, alleging Def.-Bd. is maintaining geographical school districts and planning school construction designed to perpetuate segregation. Pending.
522.Va13. Kilby v. Warren Co. School Bd. (WD Va., Harrisonburg Div., #530.)*
522.Va14. Warden v. School Bd. (Richmond.) (ED Va., #2819.) Facts: VI DOCKET 41, VII DOCKET 24. Jan. 12, 1962: case dismissed.
522.Va14a. Bradley v. School Bd. (Richmond.) (ED Va., #3353.) Facts: VII DOCKET 24. Dec. 8, 1961: DC denied Def's. motion to dismiss. Pending.
522.Va15a. Jones v. School Bd. (Alexandria.) (ED Va., #1770.) Facts: VI DOCKET 41-2. Feb. 13, 1962: case dismissed.
522.Va15b. Braxton v. Stafford Co. School Bd. (Alexandria.) (ED Va., #2476.) Facts: VII DOCKET 24. Jan. 4, 1962: DC denied motion to dismiss. Pending.
522.Va19a. Goins v. Grayson Co. School Bd. (Galax.) (WD Va., Abington Div., #776.) Facts: VI DOCKET 42. Nov. 3, 1961: case dismissed on Pl's. motion.
522.Va20. Blackwell v. School Bd. (Fairfax Co.) (ED Va., #1967.)*
522.Va21. Green and Iseley v. Bd. of Educ. (Roanoke City and Co.) (CA 4.) Facts: VI DOCKET 72, 124, VII DOCKET 24. Appeals pending.
522.Va23. Thompson v. School Bd of Arlington Co. (ED Va.)*
522.Va24. Jackson v. School Bd. (Lynchburg.) (WD Va., Lynchburg Div., #534.) Facts: VII DOCKET 24. Jan. 16, 1962: Pls. allege Negro children discriminated against by having to appeal to State Pupil Placement Bd. for assignment to white schools in their geographical area, while white children automatically so assigned. Jan. 29, 1962: 2 Negro pupils entered formerly white high school.
522.Va25. Anderson v. School Bds., West Point and King William Co. (Richmond.) (ED Va., #3365.) Facts: VII DOCKET 24. Case heard with Braxton, 522.Va15b. DC denied Defs'. motion to dismiss; amended complaint filed. Pending.

S. W. Tucker, Esq., and Henry L. Marsh, III, Esq., 214 E. Clay St., Richmond, Va.

522.WVa3. Taylor v. Raleigh Co. Bd. of Educ. (SD W.Va.) 1955: desegregation suit filed (#610.22, I DOCKET 63); Dec. 21, 1955: DC ordered integration by Feb. 1956. Nov. 13, 1961: DC granted Pl's. motion to reopen case on allegations that Bd. failed to desegregate, gerrymandered school zones. Pending.
523. Suits to prevent integration

523.Fla2. Bd. of Pub. Inst., Volusia Co. v. Tillman. (Volusia Co. Cir. Co., #30365.)*

And see Tillman, 522.Fla6.

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

And see Holmes, 522.Ga4.

523.Ga3. City of Atlanta v. Hilltop Apts. (Ga. Sup. Ct.) (119 S.E. 2d 576.) Pl. sued to enjoin collection of school taxes, alleging: 1) 1959 Act provided for tax levy only for support of racially-separate schools; 2) DC ordered integration; 3) 1959 tax could not be collected lawfully. Apr. 6, 1961: Ga. Sup. Ct. held Act provided alternative methods for tax assessment, held error to overrule Def's. general demurrer.
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
530. Housing
Civil rights bulletin:

Connecticut Comm. on Civil Rights, monthly.

531. Publicly-assisted — Urban Renewal (Title I)

531.10. Arena and Greco v. Columbia University. (N.Y. S.C.A.D.) Oct. 4, 1961: Pl. officers of Devonshire Tenants Assn. filed complaint charging Def.-Univ. undertook redevelopment of Morningside Hts. to eliminate Puerto Ricans and Negroes from area, e.g., by taking over mortgage of Devonshire Hotel, with single-room occupancy, and permitting owner to evict 350 Negro and Puerto Rican tenants. Pending before S.C.A.D.

Harris L. Present, Esq., 375 Park Ave., NYC.

532. Publicly-assisted — FHA and VA

532.18. O'Meara v. Washington and Jones. (Seattle.) (U.S.S.C.,
- 57 -

#727.) (365 P. 2d 1.) Facts: VI DOCKET 42, VII DOCKET 25. Wash. Sup. Ct. denied petition for rehearing. Petition for certiorari pending in U.S.S.C.
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, VII DOCKET 25. Super. Ct. sustained demurrer of Def.-bank, without leave to amend; Pl's. appeal pending. Pl. obtained another home; settled with Def.-Construction Co.
532.26. Gregory v. Zehman. (Cleveland.) (Com. Pleas Ct., #742019.)*
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. Sup. Ct.) Facts: VI DOCKET 43, 124. Dec. 18, 1961: Calif. Sup. Ct. agreed to hear appeal pending before Dist. Ct. of App., with 533.23 and 533.38.
533.20. Progress Development Co. v. Mitchell. (Ill.) (ND Ill. E. Div., #5 C 2050.)*
533.20a. Progress Development Co. v. Mitchell. (Ill.) (Lake Co. Cir. Ct.)*
533.22. Divine v. Koch. (Calif.) (Sacramento Super. Ct.)*
533.23. Hudson v. Nixon. (Calif. Sup. Ct.) Facts: VI DOCKET 73. Calif. Sup. Ct. agreed to hear appeal, with 533.18 and 533.38.
533.26. Case v. Colorado Anti-Discrimination Comm. (Colo.) (Colo. Sup. Ct.)*
533.30. Swann v. Burkett. (Berkeley.) (Dist. Ct. of App.) Facts: VI DOCKET 43, 73, 124. Jan. 30, 1962: certified to Dist. Ct. of App.
533.31. McKibbon v. Michigan Corp. Sec. Comm. (Ingham Co. Cir. Ct., #42667 Ch.) Facts: VI DOCKET 73. Nov. 17, 1961: Def's. motion to dismiss denied. Trial pending.
533.32. Smith v. Curt Craft. (Portland.) (Multnomah Co. Cir. Ct., #265957, #266890.)*
533.33. Massachusetts Comm. Against Discrimination v. Colangelo. (Waltham.) (Middlesex Super. Co.)*
533.34. New York City v. Fried. (NYC.) (Manhattan Sup. Ct.)*
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, VII DOCKET 26. Calif. Sup. Ct. agreed to hear case, with 533.18 and 533.23.
533.39. Johnson v. Coldwell, Banker and Co. (Sacramento.) (Sacmento Co. Super. Ct., #132566.)*
533.40. Williams v. University City. (San Diego.) (Super. Ct.)*
533.41. Stevenson and Kent v. Genl. Fedl. Svgs. and Loan Assn., Harris Trust and Svgs. Bank. (Chicago.) (ND Ill.)*
533.42. District of Columbia v. McLean Gardens. (D.C. Muni. Ct.)*
533.43. Re Olive Braden. (Conn. Comm. on Civil Rights.) Facts: VII DOCKET 26. After hearing, Comm. found Resp. had discriminated, ordered Resp. to cease and desist from all acts of discrimination.
533.46. Ambler v. Park Ave. Invest. Co., Inc. (Super. Ct., Sacramento Co., #133247.) Oct. 6, 1961: Pls. filed suit under Civ. Code §51, alleging Defs. allowed Negro-Pls. to move into apartment, but when Defs. discovered Pls'. race, demanded they be removed. Suit asks $10,000. damages and injunctive relief. Pls'. motion for ex parte temporary restraining order granted. Pending.

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

533.47. Rhodes v. Fick. (Muni. Ct., S. Bay Jud. Dist., #1983.) Suit by Pl.-Negro alleging 3 Def.-trailer courts refused to rent him vacant spaces due to his race. Pending.

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

533.48. Vaught v. Village Creek Homeowners Assn., Inc. (Bridgeport Super. Ct.) Def.-owners of unit of 52 houses ($19,000.-$70,000.) operated by integrated assn. refused to sell Def.-Negro a particular home on ground this would make part of unit segregated. Nov. 1, 1961: Pl. sued for temporary injunction prohibiting sale of house pending trial. Pending.
533.49. Ruiz v. Berry and Bertolotti. (Nassau Co. Sup. Ct., Mineola.) One Farber built 6 houses, accepted $1,000. down payment from Pl.-Puerto Rican family. Def.-neighbors allegedly threatened to assault Farber and ruin him financially if he did not cancel sale to Pl. Farber returned $1,000. to Pl. Pl. sues for $21,000. damages charging Def. violated civil rights § of NY Penal Code and NY anti-trust law. Pending.

Harold J. Reynolds, Esq., 405 Park Ave., NYC, for Puerto Rican Assn. for Community Affairs.

534. Omnibus suits to end housing segregation

534.1. Cotillion Club, Inc. v. Detroit Real Estate Bd. (ED Mich., S. Div.) Suit by Pl.-organizations of Negro real estate agents, brokers and salesmen and individual Negro-realtors against three Def.-assns. of white realtors under fedl. antitrust laws, 15 U.S.C. §§15, 26. Pls. allege: 1) Defs. engage in interstate commerce in sale, transfer and financing of real estate in Detroit metropolitan area; 2) Defs. create and carry out restrictions to limit and control quality of real estate available to Negroes and for handling by Negro realtors; 3) Defs. fix prices and conspire to prevent competition
- 58 -

between Negro and white purchasers and realtors thru "gentlemen's agreement", Code of Ethics; 4) Defs. misuse copyright and trademark rights in term "realtor". Pls. seek declaratory judgment and injunctive relief. Pending.

Richard Goodman, Esq., 3220 Cadillac Tower, and John Conyers, Esq., 7310 Grand River Ave., both of Detroit.

And see Ming, III DOCKET 86 #532.2.

540. Transportation
541. Interstate
And see cases at 51, 54, 55, 58.
541.2. Baldwin v. Morgan. (Birmingham.) (CA 5, #18280.) Facts: VI DOCKET 43. CA 5 reversed DC decision against Pls. and remanded.
541.4. Henry v. Greenville Airport Comm'n. (Greenville, S.C.) (DC S.C., #2491.)*
541.8. Boynton v. Virginia. (Richmond.) (U.S.S.C.) Facts: VI DOCKET 44, 73. Cite: 364 U.S. 454.

Case note:

13 Bay. L. Rev. 97-100.

541.11. Turner v. City of Memphis. (U.S.S.C., #84.)*
542.12a. Henderson v. Trailways Bus Co., Robinson v. Hunter. (Petersburg.) (U.S.S.C.)*
541.13. Adams v. City of New Orleans. (ED La., #6436.)*
541.14a. P. Shuttlesworth v. Southeastern Greyhound Lines. (ND Ala., M Div., #1227.) Facts: VI DOCKET 44, 73. DC dismissed for want of prosecution.
541.16. Rev. Shuttlesworth v. City of Birmingham. (ND Ala.)*

And see Shuttlesworth, 542.12a, and 541.43.

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.)*

And see 541.43.

541.22. Mississippi v. Farmer, "Freedom Riders". (Jackson.) (Hinds Co. Ct.) Facts: VI DOCKET 125, VII DOCKET 27. 54 of 300 Defs. pleaded no contest; fined $200. plus costs. Other Defs. tried in City Ct. convicted; $500. appeal bond for each; awaiting trial de novo in Co. Ct. (2/day); if convicted, $1,000. bond required of each to appeal to Cir. Ct.; next appeal to Miss. Sup. Ct. No Miss. surety co. has put up bail for Defs.; all have had to put up cash.

And see 541.22a, .22b, .22c, .22d, 541.23, 541.41.

541.22a. Mississippi v. Wahlstrom, "Freedom Riders". (Jackson.) (Hinds Co. Ct.)*

And see 541.22b, .22c, .22d, 541.23, 541.41.

541.22b. Mississippi v. Wyckoff. (Jackson.) (U.S.S.C.) Facts: VII DOCKET 27. Def. released after serving term; appeal to CA 5 withdrawn.

And see 541.22, .22a, .22c, .22d, 541.23, 541.41.

541.22c. Mississippi v. Frieze, Carey, Luster. (Jackson.) (SD Miss.) Facts: VII DOCKET 27. Motion to return case to state ct. granted.
541.22d. Mississippi v. Rev. Morris. (Jackson.) (Hinds Co. Ct.)*

And see 541.22, .22a, .22b, .22c, 541.23, 541.41.

541.23. Bailey v. Atty. Genl. Patterson. (Jackson.) (SD Miss., #3133; U.S.S.C., #643.) (199 F. Supp. 595, 368 U.S. 346.) Facts: VI DOCKET 125, VII DOCKET 27. Nov. 17, 1961: 3-judge fedl. ct. (2-1) refused to issue injunction against enforcement of segregation at terminals. Dec. 18, 1961: U.S.S.C., per curiam, denied Pls'. motion (under 28 U.S.C. §1253) for extraordinary remedy of injunction to stay prosecution of state criminal cases pending appeal to U.S.S.C. Black, Frankfurter, JJ., concurred solely on ground movants not themselves threatened with prosecution in Miss. state cts. Feb. 26, 1962: U.S.S.C. per curiam, held on merits: 1) App'ts. lack standing to enjoin criminal prosecutions in Miss. under Miss. Code 1942, Tit. 11, §§2351, 2351.5, 2351.7; Tit. 28, §§7784, 7785, 7786, 7786-01, 7787, 7787.5 because they are not threatened with prosecution. 2) App'ts. have standing to enforce their rights to nonsegregated treatment as passengers using segregated transportation facilities. 3) No state may require racial segregation of interstate or intrastate transportation facilities. 4) 3-judge fedl. ct. not required when, as here, prior decisions make frivolous any claim that statute is not unconstitutional on its face. U.S.S.C. vacated and remanded to DC (not 3-judge ct.) for expeditious disposition.

And see all 541.22 cases and 541.41.

541.24. Alabama ex rel. Atty. Genl. Gallion v. John Doe, as Pres. of Congress of Racial Equality. (Montgomery Co. Cir. Ct., #35522 Eq.)*
541.25. Alabama v. Gach. (Montgomery.) (Montgomery Muni. Ct.)*
541.25a. Alabama v. Lewis. (Montgomery.) (Montgomery Co. Ct. of Com. Pleas.)*

And see 541.25b, 541.26, 541.35.

541.25b. Lewis v. Southeastern Greyhound Lines, Inc. (MD Ala., #1724-N.)*
541.26. U.S. v. Klans, Montgomery Police Commr. Sullivan, Police Chief Rupenthal. (MD Ala., #1718-N.)*
541.27. Dresner v. City of Tallahassee. (formerly listed as Florida v. "Freedom Riders".) (Cir. Ct., Leon Co.) Facts: VI DOCKET 125, VII DOCKET 28. Appeal to Cir. Ct. pending.
541.28. Smith, Callender and O'Connor v. Florida. (formerly listed as Florida v. "Freedom Riders".) (Ocala.) (5th Jud. Cir. Ct., Marion Co.) Facts: VI DOCKET 125-6, VII DOCKET 28. Feb. 16, 1962: hearing on Appee's. motion
- 59 -

to dismiss appeal.
541.30. Bangsal v. Harrah's Club, Greyhound Bus Lines. (Alameda Co. Super. Ct.)*
541.31. Anderson v. Harrah's Club, Greyhound. (Alameda Co. Super. Ct.)*
541.32. Lamb v. Hillsborough Co. Aviation Auth. (SD Fla., #4040.)*
541.33. Brooks v. City of Tallahassee. (ND Fla., #825.) Facts: VII DOCKET 28. Oct. 17, 1961: DC denied permanent injunction against Def.-Am. News Co. and its Savarin Restaurant at Tallahassee Muni. Airport, granted permanent injunction against Def.-City from making any distinction based on color re service of patrons at its leased restaurant, lunch counter, waiting and restrooms.
541.34. U.S. v. New Orleans, Aviation Bd. and Interstate Hosts, Inc. (ED La.)*
541.35. U.S. v. City of Montgomery, Bd. of Commrs., Ranch Enterprises, Inc. (MD Ala.) Facts: VII DOCKET 28. Jan. 3, 1962: DC ordered Defs. to desegregate facilities at Montgomery Municipal Airport, and remove racial signs on restrooms, lounges, restaurant. DC denied stay pending appeal. CA 5 Judge Rives denied stay pending appeal.

And see 541.24, 541.25, .25a, .25b.

541.36. Re Interstate Commerce Commission Regulations. (I.C.C.) Facts: VII DOCKET 28. I.C.C. Regulations effective Nov. 1, 1961.

And see 541.37, .38, 39, .40, .41, .42, .43.

541.37. Dist. Atty. Pharis v. Continental Southern Trailways Terminal. (Alexandria, La.) (Rapides Parish Dist. Ct.) Nov. 1, 1961: Def. removed segregation signs from terminal. Nov. 3, 1961: Pl. filed suit to compel Def. to restore signs under La. law requiring segregated eating and toilet facilities at terminal; Judge Hunter granted temporary restraining order.

Similar suits filed in Ouachita and Lincoln Parishes.

And see 541.37a.

541.37a. U.S. v. Dist. Atty. Pharis, Judge Hunter, Kan. City S. Ry. Co., La. and Ark. Ry. Co., Continental Southern (bus) Lines. (Alexandria.) (WD La.) Nov. 22, 1961: Suit filed seeking declaratory judgment under U.S. Constitution and I.C.C. Regulations (541.36), and injunction against Defs. enforcing La. ct. order in 541.37. Jan. 5, 1962: 3-judge fedl. ct. held La. laws unconstitutional as interference with inter-state commerce and denial of equal protection under Fourteenth Amdt.
541.38. U.S. v. Ouachita Parish Officials. (Monroe, La.) (WD La.) Nov. 3, 1961: after Co. Judge issued injunction similar to 541.37, fedl. gov't. filed suit similar to 541.37a.
541.39. Louisiana v. Walmsley, Trailways Station Mgr. (Shreveport.) (Caddo Parish Ct.) Nov. 1, 1961: Def.-Mgr. refused to ignore I.C.C. order (541.36) as advised by local officials, removed racial signs from terminal waiting rooms. Def. arrested; released on $250. bond. Pending.

And see 541.39a.

541.39a. U.S. v. Local Officials. (Shreveport, La.) Nov. 1961: U.S. filed suit. Facts and issues similar to 541.37a. Pending.

See 541.39.

541.40. U.S. v. Local Officials. (Greenwood, Miss.) (DC Miss.) Nov. 1961: U.S. filed suit. Facts, issues and status same as 541.37a.
541.41. Mississippi v. Travis. (McComb.) (McComb Muni. Ct., Youth Ct.) Summer 1961: N.A.A.C.P. and Student NonViolent Coordinating Comm. leaders came to conduct voter school and registration drive. (See 501.33, 501.33a).

Aug. 27-29: during sit-ins at bus terminal and variety store lunch counters, 5 Defs. arrested: 4 charged with breach of peace; $400. fine, 8 months; released on $500. bond each; 5th Def., Brenda Travis, turned over to Youth Ct.; pending.

[Aug. 29: Robert Moses, Negro, suffered head injury after fight with white man in Amite Co. Jury acquitted white Def. of assault. Sept. 5: Travis Britt, Negro, beaten by white man in courthouse yard in Liberty, Amite Co. seat. Sept. 25: Herbert Lee, N.A.A.C.P. leader, shot and killed by Miss. legislator; legislator not prosecuted, allegedly acted in self-defense.]

Oct. 4, 1961: 5 Defs. returned to school; not readmitted for refusal to sign pledge that they wouldn't create any more incidents. 116 students walked out of school to city hall; prayed, made speeches. Police arrested all 116. Charge: disturbing the peace; bond: $100. each. Also arrested: Zellner, Rev. Gadson, Moses, Negro and white adults. Brenda Travis rearrested; after Youth Ct. trial, convicted; 1 yr. sentence in Miss. reform school. 100 to be tried in Youth Ct.; 19 in City Ct.

Oct. 6, 1961: Bryant, N.A.A.C.P. pres., and Reagen, Student Nonviolent Coordinating Comm. leader, arrested; charge: contributing to delinquency of minors.

Oct. 11: strike of Negro students protesting 1 yr. sentence of Def.-Travis. Potter, Natl. Student Assn., and Hayden, Student League for Industrial Democracy, white students, beaten while attempting to question leaders of strike.

And see 501.33, 501.33a, 541.41a, .41b.

541.41a. U.S. v. Mayor Douglas, Police Chief Guy, City of McComb. (SD Miss.) Nov. 1, 1961: Suit filed by fedl. govt. for declaratory judgment and injunctive relief under I.C.C. regulation (541.36.) Nov. 21: 3-judge fedl. ct. (2-1) held unconstitutional 3 Miss. acts requiring segregation in intrastate terminals, ordered Defs. to remove racial signs at Greyhound Bus and Ill. Central RR stations, including those erected by Defs. after terminals removed their own signs.

Nov. 29: 5 Negroes severely mauled and driven from bus terminal after seeking service at lunch counter formerly for white only; police escorted Defs. to station and placed them on bus for New Orleans. Dec. 1: 6 Freedom Riders served at integrated lunch counter, while white

- 60 -

crowd of 500 gathered.

And see 541.41b.

541.41b. Mayor Douglas, McGehees, Greyhound Terminal Mgrs. v. C.O.R.E. and Gaither. (McComb.) (SD Miss.) Dec. 2, 1961: Pls. sought injunction against Defs. conducting further tests of desegregation at Pl's. terminal. DC issued 10-day restraining order forbidding Defs. from "sponsoring, financing or encouraging persons to utilize the facilities in McComb. Dec. 7: order extended.

And see 541.41, .41a, .41c, .41d, 501.33, 501.33a.

541.41c. Mississippi v. Stayton. (McComb.) (McComb City Ct.) Dec. 2, 1961: Def.-white worker assaulted Emmerich, white editor of Enterprise-Journal who had been working for conciliation of difficulties. Dec. 4: Def. pleaded guilty to assault and battery; 30 days, $100. $500. appeal bond posted.
541.41d. Mississippi v. Divens. (McComb.) (McComb Youth Ct.) Nov. 11, 1961: 12-yr. old Negro Def. arrested for refusing to move out of white section of city bus. Ct. released Def. in custody of high school chaplain, ordered to "come back with a workable plan which would cause the child's mind to be concerned with education rather than social reformation."
541.42. Mississippi v. Rev. Chas. Jones, Taylor and G. Jackson. (Jackson.) (Jackson Muni. Ct.) Nov. 1, 1961: City police ordered 3 Negro Defs. to move out of white waiting room in Trailways terminals. When Def. asked if this wasn't in defiance of I.C.C. order (541.36), Def. arrested. Pending.

See 541.42a, .42b.

541.42a. U.S. v. Jackson City Officials. (Jackson.) (SD Miss.) Nov. 1961: U.S. filed suit. Facts and issues similar to 541.37a; pending.
541.42b. Mississippi v. Bell. (Jackson.) (Jackson City Ct.) Jan. 10, 1962: Def.-Negro attorney arrested when he refused to leave waiting room at Ill. Central RR. terminal formerly designated by signs "Whites Only". Def. released on $500. bond.
541.43. U.S. v. Oxford City Officials. (Oxford, Miss.) (DC Miss.) Nov. 1, 1961: U.S. filed suit similar to 541.37a. DC denied gov't. petition for order restraining all Miss. officials from interfering with I.C.C. order (541.36). Pending.
541.44. Alabama v. Sizemore, Greyhound Restaurant Mgr. (Birmingham.) (Birmingham Muni. Ct.) Nov. 3, 1961: Def.-mgr. arrested after Negroes and whites observed eating together in terminal restaurant. Charge: violating city ordinance forbidding operation of integrated eating establishment. Released on $100. bond; pending. Pls. sought to revoke franchise on restaurant.

And see 541.44a.

541.44a. U.S. v. City of Birmingham Officials. (ND Ala.) Dec. 14, 1961: U.S. filed suit similar to 541.37a. Jan. 5, 1962: DC issued preliminary injunction enjoining Defs. from harassing or arresting any officer or agent of any facilities subject to I.C.C. order (541.36) for providing such facilities or services on desegregated basis.

And see 541.44.

541.45. Georgia v. Defs. (Atlanta.) (Atlanta City Ct.) Nov. 1, 1961: 4 members of Student Nonviolent Coordinating Comm. arrested when seeking service at Trailways Terminal restaurant. Pending.

And see 541.45a.

541.45a. Georgia State Officers v. Interstate Commerce Comm. Officials. (CA 5.) Nov. 1, 1961: Pls. petitioned CA 5 to establish 3-judge fedl. ct. to hear petition for injunctive relief against enforcement of I.C.C. order (541.36.) Pending.

And see 541.45.

541.46. Mississippi v. Nelson, Thompson and Smith. (Poplarville.) (Pearl River Co. Ct.) Nov. 7, 1961: 3 Negro and white "Freedom Riders" arrested after being served in white cafeteria at Greyhound terminal. Pending.
542. Intrastate (and see 51, 54, 55, 58)

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.) Facts: VI DOCKET 44. Dismissed for want of further action by Pl.
542.12a. Rev. Shuttlesworth v. City of Birmingham, Phifer v. Birmingham, In re Shuttlesworth. (U.S.S.C., ##495 Misc., 500 Misc., 1073 Misc.) (130 So. 2d 236, 237.) Facts: IV DOCKET 63, 84. Oct. 20, 1958: 20 Negroes arrested when they refused to move to rear of buses on driver's orders. Oct. 28, 1958: Recorder's Ct. trial: Def.-Shuttlesworth found guilty of inciting demonstration; 90 days, $100.; others guilty of violating city ordinance requiring passengers to sit where driver orders; $100. and 60 days for 1; 180 days suspended for others. Ala. Ct. of App. dismissed appeals. Jan. 8, 1962: U.S.S.C. denied petitions for certiorari. ND Ala. denied petition for writ of habeas corpus to obtain release from custody on ground Shuttlesworth had not exhausted state remedies; CA 5 denied certificate of probable cause. Feb. 26, 1962: U.S.S.C., per curiam, treated application for habeas corpus as petition for certiorari to review CA denial; granted petition; vacated CA order; remanded to DC to hold while Pet.-Shuttlesworth pursues state remedies, including application for bail pending disposition of Pet's. application for state relief. If state relief fails or bail denied 5 days after application therefore, Pet. to proceed in DC.
542.13. Brown v. Gray. (Lake Charles, La.) (WD La., #7360-LC.) Facts: VI DOCKET 44. Judgment withheld pending repeal of ordinance and discontinuance of segregation on buses.
542.14. Jemison v. Christian. (Baton Rouge, La.) (ED La., #1841.)*
542.15. Boman v. Birmingham Transit Co. (ND Ala., #9255.)*
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542.16. City of Montgomery v. Taylor. (Montgomery City Ct.)*
542.17. City of Petersburg v. Defendants. (Petersburg Police Ct.)*
542.19. Taylor v. City of Augusta, Augusta Coach Co., Ga. Pub. Service Comm., Mayor, Chief of Police, Civil Service Comm. (ND Ga., #971.) 1960: 5 Negro youths arrested for refusal to sit in rear of Augusta city bus; convicted in City Ct.; $50. fines. Youth filed injunction suit in DC testing constitutionality of Ga. statutes giving bus drivers right to tell passengers where to sit and requiring segregation and Augusta segregation ordinance. Jan. 22, 1962: tried before 3-judge fedl. ct. Feb. 13, 1962: ct. (2-1) held for Pls., ruled statutes and ordinance unconstitutional; "The nature of the damages suffered by the pls. and the class they represent is, by its very nature, irreparable. Every day that passes counts as an irremediable loss to the persons thus discriminated against". Defs. appeal pending.

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

542.20. Georgia v. Defs. (Macon.) (Macon Muni. Ct.) Feb. 9, 1962: 4 Negro ministers arrested while riding in front of city bus. Pending.
542.21. Georgia v. 5 Defs. (Albany.) (Albany Recorder's Ct.) Nov. 26, 1961: 5 Negro students (Albany State College) tried to use "white" facilities at Trailways bus station; arrested. Charge: breach of the peace. Nov. 27, 1961: 400 Negro students walked around police station in protest during trial.

and

542.21a. Georgia v. Forman, Lee, Collins. (Albany.) (Albany Recorder's Ct.) Dec. 10, 1961: 4 white, 5 Negro Freedom Riders (Student Nonviolent Coordinating Comm., S. Christian Leadership Conf.) riding intrastate from Atlanta to Albany and 2 local Negroes arrested outside Union Ry. Terminal waitingroom. Charges: disorderly conduct, obstructing flow of traffic, failure to obey officer. Trial Dec. 12 postponed due to 542.21b.

and

542.21b. Georgia v. 267 Defs. (Albany.) (Albany Recorder's Ct., Juvenile Ct.) Dec. 12, 1961: 400 Negro students and others walked around town square protesting trial in 542.21a. 206 adults and 61 juveniles arrested; charge: disorderly conduct and blocking sidewalks. Ct. paroled juveniles to their homes, released 20 adults on $200. bonds, jailed remaining Defs. in local and nearby Co. jails, where Defs. alleged conditions were "deplorable".

and

542.21c. Georgia v. Slater King. (Albany.) (Albany Recorder's Ct.) Dec. 13, 1961: 100 Negroes held 1 hr. prayer meeting on City Hall steps seeking release of 186 Negroes held after arrest in 542.21b. Def.-Negro leader, Albany Nonviolent Movement, said group would remain til all Defs. released., arrested for contempt; convicted, 5 days imprisonment. 80 others arrested, released without bond.

and

542.21d. Georgia v. 198 Defs. (Albany.) (Albany Recorder's Ct.) Dec. 14, 1961: 198 Negroes arrested during walk to City Hall to protest arrests in 542.21b, .21c. Charges: unlawful assembly, parading without license, congregating on public street. Parents of arrested juveniles complained of lack of notification.

and

542.21e. Georgia v. 10 Defs. (Albany.) (Albany Recorder's Ct.) Dec. 14, 1961: Trailways bus terminal restaurant served 10 Negroes. City police closed restaurant, jailed the 10, later released them, said it was for Defs'. protection.

and

542.21f. Georgia v. Rev. M. L. King, Rev. Abernathy, Anderson. (Albany.) (Albany Recorder's Ct.) Dec. 16, 1961: During meeting in church, Negroes received word city officials would not negotiate settlement of dispute in 542.21, .21a-.21e. 300 walked in prayer march to City Hall, arrested. Charges: parading without permit, congregating on side-walk. Some Defs released on $400. bonds. After conference, all Defs. released, some on recognizance and property bonds. Negroes began boycott of buses and stores not hiring Negroes. Feb. 28, 1962: at trial, Def. moved for acquittal for lack of definition of "parade", "demonstration" in ordinances, denied. Briefs to be filed.

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

550. Miscellaneous Facilities (and see 51, 54, 55, 58)
551. Recreational

551.Ala3. Sawyer v. City of Mobile. (SD Ala., #1999.) Facts: VI DOCKET 97, 126. March 13, 1961: after trial, DC dismissed as Def. the mgr., Muni. Park Golf Course; denied Pls'. prayer for money judgment; held Pls. and all Negroes entitled to use Muni. Golf Course; restrained Defs. from continuing segregation practices.
551.Ala4. Rev. Shuttlesworth v. City of Birmingham. (ND Ala., #9505.) Facts: VII DOCKET 28. DC, after trial, ruled for Pl., ordered Defs. to cease segregation practices in city parks. Jan. 1, 1962: Defs. closed all public parks.
551.Cal5. Santa Clara Voiture 365 v. Voiture Nationale La Societe Des Quarante. (Santa Clara Super. Ct., #110512.)*

Lewis H. Leve, Esq., P.O. Box 815, Los Gatos, Calif.

551.Cal7. Moore v. Thomasson, Police Chief. (Salinas Super. Ct.)*
551.Cal9. Lowe v. Given and Donaldson d/b/a Park Lane Hotel. (Menlo Park.) (San Mateo Super. Ct.)*
551.Fla5. Bohler v. Lane, Mayor of Tampa. (SD Fla., #3809.)*
551.Fla6. City of Fort Lauderdale v. Barber and Fulton. (Muni. Ct.) Facts: VII DOCKET 29. Aug. 10, 1961: Defs. tried on charge of making threats of violence while on public beach, Ord. §9-8; Def.-Barber convicted; $100.; Def.-Fulton acquitted.

G. E. Graves, Esq., 802 NW 2d Ave., Miami, for N.A.A.C.P.

551.Ga4. Georgia v. Defs. (Savannah.) (Muni. Crim. Ct.)*
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551.Ga5. King v. Mayor Hartsfield, Judge Webb. (Atlanta.) (ND Ga.)*
551.Ill1. City of Chicago v. Defs. (Chicago Muni. Ct.)*
551.Ky1. M. Switow & Sons Ent., Inc. v. Lexington Chap., C.O.R.E. (formerly listed as Kentucky Theater v.) (Lexington.) (Fayette Co. Cir. Ct., #9613.) Facts: VII DOCKET 29. Ct. denied Def's. motion to dismiss; pending.
551.Md1. Griffin, Drews v. Maryland. (Baltimore.) (U.S.S.C., #287.)*
551.Mich5. Jackson v. Todd's Inn and Ottawa Hotel. (Sheboygan.)*
551.Mich6. City of Oak Park v. Detroit Brotherhood Youth Council, C.O.R.E. (Oakland Co. Cir. Ct.)*
551.Miss2. U.S. v. Harrison Co. Bd. of Supervisors. (SD Miss., Biloxi, #2262.)*
551.Miss3. Mississippi v. Defs. (Jackson) (Jackson Muni. Ct.)*
551.Mo1. Streckfus Steamers, Inc. v. City of St. Louis. (Cir. Ct., 22nd Jud. Cir., #38901-E.) Facts: VII DOCKET 29.*

Eugene P. Freeman, Stephen M. Hereford, Assoc. and Asst. City Counselors, 234 City Hall, St. Louis.

551.NY6. Trowbridge d/b/a Trowbridge Farm v. Katzen, SCAD. (NY Ct. of App.) (14 A.D. 2d 608, 218 N.Y.S. 2d 808, 10 N.Y. 2d 708 (1961).)
551.NY8. New York v. Komisar. (NYC Adolescent Ct.)*
551.Ohio . Survey

Civil rights: A new public accommodation law for Ohio. William W. Van Alstyne. 22 Ohio St. 683-690.

551.SC1a. Cummins v. City of Charleston. (CA 4.) (288 F. 2d 817.) Facts: VI DOCKET 74. Apr. 16, 1961: CA held 8 mths. delay in enforcing DC order unreasonable, modified order to make injunction effective six mths. from Nov. 26, 1960.
551.SC4. Brown v. S.C. State Forestry Comm. (ED S.C., #AC-774.)*
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.)*
551.Tenn8. City of Knoxville v. Defs. (Knoxville Muni. Ct.)*
551.Tex2. Willie v. Harris Co. (SD Tex., Houston Div., #11,926.) Facts: VI DOCKET 45. Dec. 12, 1961: DC overruled Pl's. motion for summary judgment. Pending.
551.Tex3. Huff and Upton v. City of Victoria. (SD Tex.)*
551.Va6. Virginia v. James. (Hampton.) (Hampton Cir. Ct.)*
552. Dining (and see 51, 54, 55, 58)

552.Ala1a. Dixon v. Alabama State Bd. of Educ. (U.S.S.C.) (294 F. 2d 150, cert. denied 368 U.S. 930.) Facts: VI DOCKET 46, VII DOCKET 30. Dec. 4, 1961: U.S.S.C. denied certiorari.
552.Ala2a. Nesmith v. Montgomery Police Officers. (Montgomery.) (Cir. Ct.)*
552.Ala4a. City of Montgomery v. King and Embry. (Ala. App. Ct., 3d Div., ##89-90.)*
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.)*
552.Ga1. City of Atlanta v. Defendants. (Fulton Co. Ct.)*
552.Ga6. Andrews v. Lindsay. (Atlanta.) (DC Ga., #7287.) Facts: VI DOCKET 47. Case declared moot after Fulton Co. Commrs. passed resolution limiting cthouse lunchroom service to Co. employees, jurors, Ct. attaches, without regard to race.
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, Briscoe, Hoston v. Louisiana. (Baton Rouge.) (U.S.S.C., #26, 27, 28.) Facts: VI DOCKET 47, 75. Dec. 11, 1961: U.S.S.C. unanimously reversed, Warren, C.J.: 1) unnecessary to reach the broader constitutional questions; 2) convictions totally devoid of evidentiary support so as to render them unconstitutional under due process clause of Fourteenth Amendment; 3) Art. 103, prohibiting disturbing the peace, was not intended by La. legislature "to embrace peaceful conduct"; 4) "no evidence to support a finding that Pets. disturbed the peace, either by outwardly boisterous conduct or by passive conduct likely to cause a public disturbance". Concurring opinions by Frankfurter, J., Douglas, J., Harlan, J. (see discussion in HIGHLIGHTS in next DOCKET.)
552.La2. Louisiana v. Goldfinch, et al. (New Orleans.) (La. Sup. Ct., #45,491.) (132 So. 2d 860.) Facts: VI DOCKET 47, 75, 127. June 29, 1961: Sup. Ct. affirmed convictions; held Tit. 14, §59 Rev. Stats. constitutional: ["Criminal mischief is the intentional performance of any of the following acts: . . . (6) Taking temporary possession of any part . . . of a place of business, or remaining in a place of business after the person in charge of such business . . . has ordered such person to leave the premises and to desist from the temporary possession of any part or parts of such business."]; Act makes no reference to race; Act's purpose, to preserve proprietor's choice of customers, constitutional; store manager's request and summoning of
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police "uninfluenced by any governmental action" so no unconstitutional state action involved.
552.La3. Louisiana v. Goldfinch. (New Orleans.) (Orleans Parish Ct.)*
552.Md2. Maryland v. J. and W. Nelson and Robinson. (Elkton.) (Cecil Co. Cir. Ct.) ##679-682.) Facts: VII DOCKET 30. Defs. convicted of disorderly conduct and trespass after jury trial; $50. fines plus ct. costs, suspended.
552.Mo2. Missouri v. Defs. (Columbia.) (Police Ct.)*
552.Miss1. Mississippi v. Barnes and Baudoin. (Vicksburg.) (City Ct.) Aug. 24, 1961: Def.-Negroes picketed theatre for admitting Negroes only to balcony seats; arrested. Charge: breach of peace. Convicted; $300. and 60 days (suspended).
552.NC3. North Carolina v. Avent, Fox, Sampson. (Durham.) (U.S.S.C., ##85, 86.)*

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. Nov. 30, 1961: Defs. pleaded nolo contendere; State accepted pleas; Defs. taxed costs. Cases closed.
552.NC10. North Carolina v. Defs. (Rutherford.) (Muni. Ct.)*
552.SC2. South Carolina v. Davis. (Orangeburg.) (Orangeburg Co. Cir. Ct.)
552.SC2b. South Carolina v. 9 Defendants. (Orangeburg.)*
552.SC3a. City of Columbia v. Bouie and Barr. (Columbia.) (S.C. Sup. Ct.)*
552.SC3b. South Carolina v. Carter, et al. (Columbia.) (S.C. Sup. Ct.) Mar. 1961: 187 Negro youth paraded at S.C. State House; arrested. Charge: breach of peace for refusal to disperse when ordered by police. Richland Co. ct. tried, convicted all Defs. Dec. 1961: S.C. Sup. Ct. affirmed. Appeal to U.S.S.C. pending.
552.SC3c. South Carolina v. Carter. (Columbia.) (Richland Co. Ct.) Def.-student leader charged with contributing to delinquency of minors since many of 187 Defs. in 552.SC3b under 21. Pending until disposition of 552.SC3b.
552.SC4. City of Rock Hill v. Henry. (York Co. Cir. Ct.)*
552.SC4b. City of Rock Hill v. Rev. Ivory, Dietrich, Hackley. (Rock Hill.) (Muni. Ct.)*
552.SC4c. City of Rock Hill v. Ivory. (Rock Hill.) (York Co. Cir. Ct.)*
552.SC4d. City of Rock Hill v. Ivory, Ham, Stowe. (York Co. Cir. Ct.)*
552.SC6. City of Florence v. George. (Florence Co. Cir. Ct.)*
552.SC7. City of Spartanburg v. Defendants. (Spartanburg Recorder's Ct.)*
552.SC8. City of Greenville v. Peterson. (S.C. Sup. Ct.)*
552.SC9. Byrd v. Gary. (Darlington.) (S.C. Sup. Ct.)*
552.SC9a. City of Darlington v. Stanley. (U.S.S.C.)*
552.SC10. City of Charleston v. Mitchell. (S.C. Sup. Ct.)*
552.Tenn4a. City of Nashville v. Carnaham. (City Ct., #889.)*
552.Va5. Randolph v. Virginia. (Richmond.) (U.S.S.C., #248.)*
552.Va5a. Tinsley v. City of Richmond. (U.S.S.C., #315.) Facts: VI DOCKET 76, 127, VII DOCKET 31. Cite for dismissal: 368 U.S. 18.
552.Va9. Virginia v. Defendants. (Hopewell.) (Juv. Ct., Cir. Ct.)*
552.Va10. Virginia v. Rev. Tucker. (Lynchburg.)*
552.Va10a. Virginia v. Rev. Wood. (Lynchburg.) (Muni. Ct.)*
552.Va12. Williams v. Hot Shoppes. (CA DC, #15610.) Facts: VI DOCKET 127. Cite: 6 R.R.L.R. 512.
553. Others

553.Miss1. Mississippi v. Defs. (Jackson.) (Muni. Ct.)*
552.NY1. Patterson v. Max Beauty Salon. (Mineola, L.I., Nassau Co. Dist. Ct.)*
553.Ohio1. Ohio v. Gegner. (Yellow Springs.) (Greene Co. Com. Pleas Ct.) Sept. 1960: Def.-barber convicted of violating village antidiscrimination ordinance by refusing to cut Negro customer's hair. Sept. 1961: Ct. fined Def. $1.00.

Amicus appearance by Ohio Civil Liberties Union.

553.SC1. South Carolina v. Rev. Newman. (Columbia.)*
553.Tenn-. Tennessee v. Freeman and Exum. (Memphis.) (Shelby Co. Crim. Ct.)*
533.Tenn2. Tennessee v. Ford. (Memphis.) (Tenn. Sup. Ct.)*
560. Family Matters
561. Marriage and divorce

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

563.8. Begley v. Begley. (N.Y. Ct. of App.)*
564. Miscellaneous
570. Employment
571. Racial discrimination
See cases at 55.4, 55.4a, 55.4b, 55.8.
571.18a. Eaton v. Grubbs. (ED N.C., #932.)*

Robert R. Bond, Esq., 612 Red Cross St., Wilmington, N.C.

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.
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(N.Y. S.C.A.D.) (9 N.Y. 2d 223.) Facts: VI DOCKET 99. Jan. 8, 1962: public hearing scheduled before 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, VII DOCKET 32. Jan. 3, 1962: agreement reached between Union Local 2 (in 571.35) and Def.-organizations: 160 Harlem sales accounts held by white salesmen from outside Harlem will be turned over to Negro liquor salesmen.
571.37. City of Detroit v. Michigan Fair Employment Practices Comm. (Wayne Co. Cir. Ct.)*
571.37a. City of Highland Park v. Michigan Fair Employment Practices Comm. (Mich. Sup. Ct.) (111 N.W. 2d 797.) Suit by Pl.-City testing constitutionality of Mich. F.E.P. Act. Nov. 30, 1961: Mich. Sup. Ct. unanimously held Act constitutional; no unconstitutional invasion of rights of self-government granted municipalities; not so vague and indefinite as to offend due process clauses of Mich. and U.S. Constitutions.
571.38. Dr. Hawkins v. N.C. Dental Society. (WD N.C., #1505.)*
571.46. Atchison, Topeka and Santa Fe Ry. Co. v. Calif. F.E.P.C. (L.A. Super. Ct.) Facts: VI DOCKET 77. Super. Ct. reversed Comm. findings; found no discrimination. Appeal pending.
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, VII DOCKET 32. Nov. 27, 1961: DC, on agreement of parties, entered consent decree: 1) permanently enjoined Def. and agents from using any form of application for employment which inquires, directly or indirectly, or expresses any limitations as to race, religion, color, national origin or ancestry, "unless based on bona fide occupational qualifications"; 2) policy of Defs. in refusing to refer or place qualified Negroes in jobs and to use Defs'. services equally contravenes Fourteenth Amdt. to U.S. Constitution and Kan. Act Against Discrimination, Ch. 44, Genl. Stats., Kan.; 3) permanently enjoined Def. from accepting or filling racial discriminatory job requisitions and from denying Pl. and other Negroes "their civil right of utilizing and enjoying all" of facilities of Def.
571.50. Re South Carolina Employment Service. (Darlington, S.C.) (Pres. Kennedy's Comm. on Equal Employment Opportunity.)*
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.)*
571.53. McNeil v. Guy F. Atkinson Co. (California Fair Employment Practices Comm.) Facts: VII DOCKET 33. Mar. 1, 1962: Comm.ordered Def. to cease and desist from acts of discrimination, to make formal announcement of non-discriminatory hiring policy. Pl. has found other employment.
571.54. Glover v. Brennan's Cafe. (California Fair Employment Practices Comm.) Facts: VII DOCKET 33. Matter conciliated by Comm.; complaint dismissed.
571.55. T. H. Wilton Co. v. California Fair Employment Practices Comm. ex rel Ramsey. (Super. Ct., San Francisco.)*
571.56. Re Westinghouse Electric Co., et al. (President's Committee on Equal Employment Opportunity.)*
571.58. Owens v. School Dist., #36, Pulaski & Alexander Co. (ED Ill., #1886-D.)*
571.59. Sells v. Intl. Bro. of Firemen and Oilers. (WD Pa.)*
571.60. Re Douglas Aircraft Co. (Charlotte, N.C.), Western Electric Co. (Nashville, Tenn.) (President's Committee on Equal Employment Opportunity.)*
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.)*
572. Sex discrimination

572.1. Beary v. Queens Co. Bar Assn. (N.Y. Sup. Ct., Queens Co., #5394-1960.)*
572.3. Shpritzer v. Civil Service Comm. (Sup. Ct., N.Y. Co.) Facts: VII DOCKET 33. Dec. 8, 1961: Sup. Ct. granted Pl. right to hearing on complaint.
573. Nationality discrimination

573.1. Sheets v. Metropolitan Transit Authority of Los Angeles. (Super. Ct., L.A. Co.)*
580. Civil Actions under Civil Rights Law Not Otherwise Covered
Comment:

Civil Rights Act §1983: Abuses of law enforcement officers, 36 Ind. L. Rev. 344-359.

And see 420.12, 420.14.


580.3. Pettus v. Schlet. (ED Mich.)*
590. Criminal Prosecution under Civil Rights Law
600. Suits Involving Constitutional Rights of American Indians
Law review article:

Frank B. Higgins, International law consideration of the American Indian nations by the United States, 3 Ariz. L. Rev 74-85.

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

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602.4. In re Colwash. (formerly entitled Washington v. Super. Ct. of Yakima.) (Wash. Sup. Ct.) Facts: VII DOCKET 34. Cite: 356 P. 2d 994.
602.5. Washington v. Super. Ct., Okanogan Co. (Wash. Sup. Ct.) Facts: VII DOCKET 34. Cite: 356 P. 2d 985.
603. Criminal Actions Against Indians on Reservations

603.2. Blackburn v. Wyoming. (Wyo. Sup. Ct.) Facts: VII DOCKET 34. Cite: 357 P. 2d 174.
603.3. Antelope v. Wyoming. (Wyo. Sup. Ct.) Facts: VII DOCKET 34. Cite: 357 P. 2d 174.
603.4. Seymour v. Sup't. Wash. State Penitentiary. (U.S.S.C.) Pl.-American Indian convicted in state ct. of attempted burglary; sentenced to state penitentiary. Issues on appeal: Was act for which he was sentenced committed on "Indian Country" as in 18 U.S.C. §1151; is burglary committed by Indian in Indian country an offense within exclusive jurisdiction of U.S. under 18 U.S.C. §1153. Jan. 15, 1962: U.S.S.C. held state did not have jurisdiction over offense, granted petition, remanded.
604. Actions involving Real Property
605. Condemnation of Land of American Indian Reservations