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CIVIL LIBERTIES DOCKET
Vol. VII, No. 4
July, 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)

10. Licensing
11. Of Meetings (see also 201)

11.7. Florida ex rel. Feldman and Ray

(Emma Lazarus Organization) v. City of Miami Beach. (3d Dist. Ct. of App.)*

11.12a. Buckley v. Hunter College.

(N.Y. Sup. Ct., 1st Jud. Dist.) Previous case: 11.12, VII DOCKET 35. Facts: VII DOCKET 68. June 25, 1962: Sup. Ct. found Def.-College's rules "either unconstitutionally vague or else they embody an an unconstitutional principle of selection", forbade Def. to bar use of its halls "on the ground that it is the voice of a minority or the voice of one not approved by an official acting under the present regulations."

11.14. Longshoremen's Better Conditions Club v. New Orleans. (Orleans Parish Civ. Dist. Ct., Div. E. #396-868; 4th Cir. Ct. of App., #654.) (7 RRLR 194.) Pl. contracted for use of municipal auditorium. When Def. learned Rev. King and others on speakers list, repudiated contract. Dec. 14, 1961: Dist. Ct. granted Pl's. motion to restrain Def. from repudiating. Dec. 14, 1961: La. Ct. of App. cancelled Dist. Ct. order. Def. cancelled contract.

Earl J. Amedee, Esq., New Orleans.

12. Of Motion Pictures

12.18. K. Gordon Murray Productions, Inc. v. Floyd. (Ga. Sup. Ct.) (125 S.E. 2d 207, 217 Ga. 784.) Def., for Bd. of Censors, banned showing of "Wasted Lives" and "The Birth of Twins". Pl. sued. Ga. Sup. Ct. (6-1) held Atlanta ordinance in violation of Ga. Constitution because prior censorship is "abuse of liberty", found no violation of U.S. Constitution.

Thomas E. Moran, Esq., Atlanta.

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

14.10. Wilson v. Haiman (formerly Haiman v. Morris, Acting Police Chief of Village of Stokie.) (Ill. Sup. Ct.) Facts: VII DOCKET 2, 36. May 11, 1962: Def.-suburban police waived appeal; Def.-Chicago police supt. appealed to App. Ct., which granted Pl's. motion to transfer to Ill. Sup. Ct. because constitutional questions are involved. Pending.
14.12. Zeitlin v. Arneborgh. (Calif. Dist. Ct. of App., #26592.) Correction of VII DOCKET 36, 69: Super. Ct. dismissed suit; appeal pending in D.C.A.

Nathan L. Schoichet, Esq., 9460 Wilshire Blvd., Beverly Hills; A. L. Wirin and Fred Okrand, Esqs., 257 S. Spring St., Los Angeles.

Amicus appearance by Bayard F. Berman, Esq., 270 N. Canon Drive, Beverly Hills, for California Library Assn.

14.13. Florida ex rel. Gerstein v. Grove Press, Inc. (11th Jud. Cir., Dade Co.) Facts: VII DOCKET 69. Ct. found "Tropic of Cancer" obscene. Appeal pending.
15. Of Miscellaneous Activities
20. Administrative Restrictions
21. By U. S. Customs
22. By U. S. Postmaster

22.12. Four Star Publications, Inc. v. Erbe, individually and as Iowa Atty. Genl. (CA 8, ##16492, 16495). Facts: VI DOCKET 2. June 28, 1962: CA 8 dismissed appeals from DC decision dismissing complaints.
22.14. Manuel Enterprises v. Day. (U.S.S.C., #123.) (110 U.S. App.D.C. 78, 289 F.2d 455, cert. granted 368 U.S. 809.) June 25, 1962: U.S.S.C. gave first plenary review to Post Office Dept. order holding matter "nonmailable" because obscene, (6-1), Harlan, J., held obscenity under 18 U.S.C. §1461 "requires proof of two distinct elements: (1) patent offensiveness; and (2) 'prurient interest' appeal." (1) is defined: "These magazines cannot be deemed so offensive on their face as to affront current community standards of decency — a quality that we shall hereafter refer to as 'patent offensiveness' or 'indecency.' " U.S.S.C. also followed Congress' requirement of scienter in respect to one
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indicted for mailing material proscribed by the statute. Brennan, J., Warren, C. J., Douglas, J., conc. in opinion giving detailed legislative history. Clark, J., diss.

Stanley M. Dietz, Esq., Washington, D.C.

23. On Government Information and Secrecy
24. On Students and Professors (see also 262, 267, 281 and 342)

24.13. Lessin v. Regents, U. of Calif., Chancellor Spieth — Riverside Campus. (Riverside Super. Ct.) Facts: VII DOCKET 69. Super Ct. sustained demurrer without leave to amend, denied writ of mandate. Appeal pending.
24.16. Clark v. Bd. of Admrs., Tulane Univ. (ED La., N. Orleans Div., #12193). Pl. white student entertained Negro students as guests in campus cafe before and after Def. advised against it. Pl. suspended. Pl. sued for readmission, alleging fedl. funds used in building cafeteria.

Amicus appearance by Bruce C. Waltzer, Esq., 406 Civic Center Bldg., New Orleans, for La. Civil Liberties Union.

24.17. Re Lincoln University Students. (St. Louis) (Univ. Student Adjustment Comm.) Mar. 1962: Students at formerly all-Negro college sought integration of local bowling alleys. Students held second meeting and planned demonstration after college president forbade this action. 9 students suspended for insubordination; 2 reinstated. Apr. 1962: All bowling alleys desegregated.

And see Buckley, 11.12a, Creighton, 64.2, Barton, 61.16, Carr, 561.2.

25. On Miscellaneous Activities (formerly 24)
30. Economic Restrictions (see also 251, 261, 268, 281)

30.7. Young v. Motion Picture Assn. of America. (DC DC.) (299 F.2d 119.) Facts: VI DOCKET 53, 102, VII DOCKET 36. June 18, 1962: U.S.S.C. denied Pls'. petition for certiorari. Discovery proceedings pending in D.C.
30.9. Mitchell v. Intl. Assn. of Machinists. (Calif. Sup. Ct.) Facts: VII DOCKET 36. Case closed.
30.10. Koch v. Bd. of Trustees, U. of Ill. (Ill. App. Ct., 1st Dist.) Facts: VI DOCKET 103, VII DOCKET 3. Oral argument on appeal: Fall 1962.
30.12. Allure Shoe Corp. & Local 885, Retail, Wholesale and Dept. Store Union AFL-CIO & Dopico & Garcia. (Miami.) (N.L.R.B. ##12-CA-1937, 1982, 2007, 2127, 2132.) Union, individual workers and Genl. Counsel charged Co. discharged workers for pro-union activity after spying on workers and their meetings. May 25, 1962: after hearing, Trial Examiner held Co. had engaged in unfair labor practices, ordered 6 workers reinstated, held 5 workers properly discharged because their union activity was not the cause of their discharge, but rather their pro-Castro attitude, testified to by Dade Co. detective in Criminal Intelligence Unit of Public Safety Dept.

Allan Bruckner, Esq., for Genl. Counsel, NLRB.

40. Contempt
41. Of Federal Courts

41.2. In re McConnell. (U.S.S.C., #498.) (294 F.2d 310.) Pet.-lawyer filed complaint for Pl. in antitrust suit. At outset of trial, DC refused to permit proof of conspiracy charge. Defs.' atty. refused to stipulate on Pls.' offer of proof, insisted Pl. follow Fedl. Rule of Civ. Proc. 43(c). When Pet. asked questions before jury leading to offer of proof, DC ordered Pet. to stop. Pet. continued briefly, explaining reason. After trial, DC found Pet. in contempt; jail sentence. CA 7 reversed in part, affirmed but cut sentence to $100. fine. June 18, 1962: U.S.S.C. (5-2) Black, J., reversed: "To preserve the kind of trials that our system envisages, Congress has limited the summary contempt power vested in courts to the least possible power adequate to prevent actual obstruction of justice, and we think that that power did not extend to this case." Harlan, Stewart, J. J., diss.

Thomas C. McConnell, Esq., 134 S. La Salle St., Chicago.

And see Bart, 334.5, Jackson, 334.6.

42. Of State Courts

42.5. Evers v. Mississippi. (Miss. Sup. Ct.) Facts: VI DOCKET 53, VII DOCKET 70. Cite: 131 So. 2d 653.
42.8a. Mississippi v. L. Brown and J. Harris. (Jackson.) (Hinds Co. Ct.) May 22, 1962: Def. leaders of Jackson Nonviolent Movement sat in "white" section of courtroom while attending hearing in Bevel, 42.8; refused to move on bailiff's orders. Ct. cited for contempt; convicted; jailed.
42.9. Wood v. Georgia. (U.S.S.C., #369.) (103 Ga. App. 305, 119 S.E.2d 261, cert. granted 368 U.S. 894.) June, 1960: During election campaign involving judges and sheriff, a judge instructed grand jury to investigate allegation that candidates paid large sums to Negro leaders in effort to obtain "Negro bloc" vote. While grand jury in session, Pet.-sheriff issued statements strongly condemning judge's instruction as false and unwise. July 1960: Pet. cited for contempt, issued press release, cited again. Trial ct. convicted on all counts; 20 days and $200. on each. Ct. of App. affirmed 2, reversed 1 count. Ga. Sup. Ct. declined to review. June 25, 1962: U.S.S.C. (5-2) reversed, Warren, C. J.: Trial ct. did not indicate how sheriff's publications interfered with investigation or administration of justice; no judicial proceeding pending; trial ct. rejected Pet's. effort to prove truth of allegations; Pet's. position as sheriff irrelevant — citing Bridges, 314 U.S. 252, Pennekamp, 328 U.S. 331, Harney, 331 U.S. 367. Harlan, Clark, J. J., diss.

Milton Kramer, Esq., 1625 K St. N.W., Washington, D.C.

42.10. In re Green's Petition. (U.S.S.C., #312.) (172 Ohio St. 269, 175 N.E. 2d 59.) Interstate employer filed petition in state ct. for injunction against picketing in labor dispute. Pet.-atty. for ILA local had filed unfair labor practice charge with NLRB in same dispute, pending. Pet. asked for hearing on Employer's petition; denied; Ct. issued ex
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parte injunction. Pet. advised Union to test injunction by continuing picketing; Pet. again asked Ct. for hearing; denied. Pet. made clear to Ct. and Employer's counsel he advised Union to risk contempt as only way to test whether NLRB preempted state power. Ct. held Pet. in contempt (Ohio. Rev. Code, 1954, §2705.02); at hearing, denied Pet. opportunity to testify, ruled hearing only to sentence. May 21, 1962: U.S.S.C. (7-0) reversed, Douglas, J.: citing Oliver, 333 U.S. 257: procedural due process requires "one charged with contempt ... have a reasonable opportunity to meet [charges] by way of defense or explanation ... and have a chance to testify and call witnesses in his behalf,..." Harlan, Clark, J.J., conc. in part, diss. in part, citing United Mine Workers, 330 U.S. 258.

Merritt W. Green, Esq., Security Bldg., Toledo.

43. Of Other Agencies (see also 271, 272, 273, 274)
50. Criminal Sanctions
51. Against Disorderly Conduct and Similar Offenses (see also 55, 541, 542, 551, 552)

51.28. New York v. Gennaro, Peck, Sainer. (Manhattan Magis. Ct. — Adolescents' Ct. and Upper Arrest Part.) Facts: VII DOCKET 70. Sentence: 6 mths., suspended. No appeal.

And see cases at 123.

51.30. U.S. v. Sawyer, Shaaf. (ND Calif., S. Div.) June 10, 1962: After contempt orders issued against Everyman I and II crews (252.53), 30 persons arrested while demonstrating against contempt arrests. Defs. had been picketing, sleeping over night at fedl. ct. bldg. Charge: loitering, disorderly condcut. Some Defs. pleaded guilty; 2 tried, convicted; $25. fines, to be paid when Def. decides to; Ct.: "Certainly no good would come from sending you to jail."

Court-appointed lawyers: Beverly Axelrod, Esq., 345 Franklin; George Brunn, Esq., 41 Sutter St.; Frank Evans, Esq., 1255 Post St.; Yale H. Smulyan, Esq., 9 First St.; all of San Francisco.

51.31. Nevada v. M. Harvey. (Tonopah Co. Ct., Nev.) July 15, 1962: 4 members of Committee for NonViolent Action picketed at AEC nuclear testing site. 1 walked onto site; arrested; charged with trespassing; pleaded guilty; 30 days.
51.32. New York v. Bell and P. Gennaro. (NYC Magis. Ct.) Mar. 8, 1962: during peace rally in Times Sq., Defs. arrested. Charge: disorderly conduct. During trial, Pls.' witnesses testified police beat Defs., dragged them to police wagon. Def.-Gennaro convicted; 3 mths. probation.

Irving A. Thau, Esq., 1780 Broadway, NYC.

51.33. Louisiana v. Rev. Walker and Blake. (Shreveport City Ct.) June 9, 1962: Defs.-Negro leaders attended Christian Leadership Conference vote rally; arrested on "coroner's commitment"; held 24 hrs. for "mental observation". Charge: loitering. Released on $52.50 bail each. Coroner found Defs. sane.
52. Against Obscenity (see also 12, 14)

52.31. Bantam Books v. Sullivan. (U.S.S.C.) Facts: VI DOCKET 4, 81, 103, VII DOCKET 37. U.S.S.C. noted probable jurisdiction.
52.48. Connecticut v. Huntington. (Conn. Sup. Ct.)*
52.50. New York v. O'Neill. (N.Y. Ct. of App.) Facts: VII DOCKET 71. Cite: 182 N.E. 2d 97.
53. Against Defamation (see also 61)
54. Against Sedition, Criminal Anarchy (see also 241-4)

54.2. Louisiana v. Diamond. (19th Jud. Dist. Ct., E. Baton Rouge Parish.)*

And see 51.25, 54.3, 54.4.

54.3. Louisiana v. Moore and Rougeau. (19th Jud. Dist. Ct., E. Baton Rouge Parish.)*

See 51.25, 55.19.

54.4. Louisiana v. Zellner and McDew. (19th Jud. Dist. Ct., E. Baton Rouge Parish, #42916.)*

And see 51.25, 54.2, 54.3.

55. Against Picketing and Demonstrating (see also 51, 123, 541, 542, 551, 552)
(Some cases involving picketing charges are reported under the subject matter of the protest for which the picketing was conducted, e.g. against discrimination in dining places, 552.)
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.) (7 RRLR 192.) Facts: VII DOCKET 4. Feb. 21, 1962: after hearing, Ct. made injunction against Defs. permanent, taxed costs to Defs.

See cases at 571, and Webb, 522.Fla. 6.

55.19. Louisiana v. Moore. (19th Jud. Dist. Ct., E. Baton Rouge Parish.) Def. arrested, charged with criminal anarchy (see 54.3) and violation of sound truck ordinance. Convicted of misdemeanor. Application for certiorari to La. Sup. Ct. pending.
55.20. Georgia v. Rev. Green. (Augusta.) (City Ct., Juvenile Ct.) Apr. 18, 1962: NAACP Youth Council picketed 2 stores asking employment of Negro butchers, sang hymns. Rocks were thrown. Six pickets arrested. Pending.
55.21. California v. Peterson. (Los Angeles Co. Super. Ct., App. Dept.) City leased public auditorium to private organization, Academy of Motion Picture Arts and Sciences. Def. picketed to protest stereotyped portrayal of Negroes on screen; arrested. Charge: trespassing. Pending.

Arthur Black, Esq., 306 W. 3d St.; A. L. Wirin and Fred Okrand, Esqs., 257 S. Spring St., all of Los Angeles.

55.22. City of Sumter v. Singletary. (Sumter Co. Ct. of Genl. Sess.) Facts: VI DOCKET 98 at 552.SC1b: Feb. 21, 1961: three small groups of Negro students (Morris College) entered public library, one requested a book, library di-
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rector asked all to leave; Defs. refused; police arrested for breach of peace. In Muni. Ct.: all convicted. Mar. 2, 1962: Judge McFaddin reversed all convictions; held Defs.' conduct did not make them trespassers; their acts did not constitute breach of peace.

Ira Kaye, Esq., 120 N. Main St., Sumter, S.C.

55.23. City of Sumter v. Gregg. (Sumter Co. Ct. of Genl. Sess.) Mar. 1, 1962: 10 Defs. arrested; charge: parading without a permit, in violation of city ordinance; convicted. Mar. 1, 1962: on appeal, Judge McFaddin reversed, held ordinance deprives Defs. of right to freedom of speech and assembly under constitutions of S.C. and U.S. because "It reposes an absolute unregulated and undefined discretion solely in the city clerk and treasurer of the city of Sumter" and does not "negative the power of the body to exercise arbitrarily or for some capricious reason of its own the right of the people for a public demonstration or parade."

Ira Kaye, Esq., 120 N. Main St., Sumter, S.C.

55.24. Scott v. District of Columbia. (Muni. Ct. of App., D.C., ##3097-3104.) May 16, 17, 21, 1962: Defs.-4 Quakers holding silent vigil outside White House with armbands "Bomb Tests Kill People" refused to move or walk in circle when ordered by police; arrested. Charge: disorderly conduct, D.C. Code §22-1121(2); convicted. Appeals pending.

Hal Witt and Richard J. Scupi, Esqs., 600 F St. NW, and James H. Heller, Esq., c/o Natl. Capital Area C.L.U., 1101 Vermont Ave. NW, all of Washington.

55.25. Jackson v. Allen. (Co. Ct., 1st Jud. Dist., Hinds Co., #21.) Def.-Negroes picketed on federal property against segregation. Arrested by state officers, tried, convicted. Issue on appeal: whether state can prosecute Defs. alleged to have committed criminal act on fedl. property.

R. Jess Brown, Esq., 1105½ Washington St., Vicksburg, Miss.

56. Against "Corrupt Practices"
57. Against Vagrancy

57.3. Louisiana v. Trumpower. (Baton Rouge Crim. Dist. Ct.) Def. arrested; charge: vagrancy. Ct. granted Def's. motion and State ordered to amend information. Charge: vagrancy by refusing employment when offered and by loitering in public place (courthouse) without being able to account for her presence there. Pending.

Bruce C. Waltzer, Esq., 406 Civic Center Bldg., for La. Civil Liberties Union.

58. Against Trespassing (see also 541, 542, 551, 552)

58.1. California v. Poland and Cage. Facts: VII DOCKET 72. Correction: appeal pending in San Joaquin Co. Super. Ct., App. Dept.
59. Against Miscellaneous Criminal Activities
See cases at 120.
59.21. Louisiana v. Rockwell. (App. Div., Crim. Dist. Ct., Orleans Parish.) Facts: VII DOCKET 5. May 28, 1962: Ct. reversed conviction.
59.22. North Carolina v. Crowder, Lowry, Reape, Mallory. (Union Co. Super. Ct., N.C.) (Ohio Sup. Ct.) Facts: VII DOCKET 5, 39, 72. June 27, 1962: Ohio Sup. Ct. refused to grant motion to certify in Mallory extradition. Application for rehearing pending. Trial of principal case pending.
59.28. Kentucky v. Pfuhl and Duffey. (Louisville City Ct.) June 26, 1962: 2 members, Student Nonviolent Coordinating Comm., participated in demonstration against segregated movie theatre; arrested. Convicted; 18 days.
60. Civil Sanctions
61. Against Defamation

61.4. Steinberg v. O'Connor. (CA. 2) Facts: VI DOCKET 5, VII DOCKET 39. Action discontinued.
61.11. Commr. Connor v. New York Times. (CA 5.) Facts: VI DOCKET 6, 105, VII DOCKET 39, 73. June 5, 1962: CA 5 denied Def's. motion to dismiss appeal. Pending.
61.16. Barton v. Gov. Barnett. (Hinds Co. Cir. Ct.) 1960: Def.-Gov. allegedly said Pl.-student participated in Atlanta sit-in, was "member" and "prominent" in NAACP. May 23, 1962: Pl. filed libel and slander suit, alleging Def. "schemed and connived and conspired" to ruin Pl's. reputation, preventing his election as editor of Univ. newspaper. Pending.

John L. Kennedy, Esq., Holly Springs, Miss.

62. By Injunction in Labor Disputes
63. By Injunction in Other Situations
And see 55.18, 204.18.
64. Against Miscellaneous Activities

64.2. Re James L. Creighton. (U. of Calif. Academic Senate.) Facts: VI DOCKET 55, 82, 105. U. of Calif. Regents voted to abolish compulsory military training.
70. Procedural Problems
71. In Alleging Standing to Sue
72. In Raising and Preserving Constitutional Questions

72.1. Glover v. Georgia. (Ga. Sup. Ct.) (122 S.E. 2d 744, 124 S.E. 2d 484). Def.-Negro arrested; charge: refusal to move to "Negro section" of bus as directed by driver, in violation of §§18-208, 18-9904 (Ga. Code 1933). Before arraignment, Def. demurred generally: sections offend due process, equal protection clauses of U.S. Constitution, are therefore null and void; overruled. Def. did not file exception. Convicted. Nov. 9, 1961: Ga. Sup. Ct. held failure to file exception made decision on demurrer the law of this case "and amounts to an adjudication that those sections of the Code do not for the reason alleged offend" the sections of
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U.S. Constitution; no defects on face of the record; no constitutional questions raised; transferred. Jan 18, 1962: Ct. of App. found evidence sufficient to support verdict; affirmed.

And see cases at 542.

90. Miscellaneous Freedom of Thought

90.3. Estate of Robbins; Robbins v. Mishkin. (Calif. Sup. Ct., L.A. #26196.) (196 A.C.A. 398, 16 Cal. Rptr. 412.) Dec'd. left bulk of estate for support and maintenance of Negro minors of Defs. convicted of political crimes, incl. Smith Act, contempt of HCUA, refusal to execute or perjury re loyalty oath, contempt of labor injunction, or similar crimes. Beneficiaries contested will; trial ct. held invalid because it encouraged crime and disrespect for law. May 12, 1962: Calif. Sup. Ct. reversed, upheld will: "We may assume that the testator intended to benefit the children of those convicted of even valid laws of which he disapproved and that his motive in part at least was to encourage challenges to such laws by violations of them. It is the purpose for which the property is to be used, however, not the motives of the testator that determines whether a trust is a valid charitable trust ... Assistance to the minor beneficiaries of the trust in this case is a valid charitable purpose. The risk that such assistance may serve to encourage crime is far more removed than that which the legislature itself may have created by provision for the care of the children that extends to those of convicted prisoners. (See Welf. & Inst. Code, §1500.) The benefit to society offered by the testator transcends whatever criticism there may be of his motives, which have died with him."

Brock, Fleishman and Rykoff and Hugh R. Manes, Esqs., 1680 Vine St., Los Angeles.

Amicus brief by John T. McTernan, David B. Finkel, A. L. Wirin and Fred B. Okrand, Esqs., for A.C.L.U. of S. Calif., 3175 W. 6th St., Los Angeles.

FREEDOM OF RELIGION (100-199)
110. Separation of Church and State
111. In Education (formerly 110)

111.8. Engel v. Vitale. (U.S.S.C., #468.) (18 Misc. 2d 659, 191 N.Y.S. 2d 453; 11 A.D. 2d 340, 206 N.Y.S. 2d 183; 10 N.Y. 2d 174, 218 N.Y.S. 2d 659, 176 N.E. 2d 579.) Facts: VI DOCKET 6, VII DOCKET 6. June 25, 1962: U.S.S.C. (6-1) reversed, Black, J.: "N.Y.'s program of daily invocation of God's blessings as prescribed in the Regents' prayer is a religious activity ... Neither the fact that the prayer may be denominationally neutral, nor the fact that its observance on the part of students is voluntary can serve to free it from the limitations of the Establishment Clause, as it might from the Free Exercise Clause, of the First Amendment, both of which are operative against the States by virtue of the Fourteenth Amendment ... these two clauses ... forbid two quite different kinds of governmental encroachment upon religious freedom ..." Stewart, J., diss.
111.10. Chamberlain v. Dade Co. Bd. of Public Instruction. (Fla. Sup. Ct.)

and

111.10a. Resnick v. Dade Co. Bd. of Public Instruction. (Fla. Sup. Ct.) Facts: VI DOCKET 7, 106. June 5, 1962: Fla. Sup. Ct. affirmed trial ct. in upholding Bible reading, singing hymns, reading Lord's Prayer in public schools, disallowing showing of religious movies, using schools for Bible classes after school hours, giving Christmas plays and religious pageants. Ct. said: "this appears to be just another case in which the tender sensibilities of certain minorities are sought to be protected against the allegedly harsh laws and customs enacted and established by the more rugged pioneers of the nation", specifically rejected U.S.S.C. declaration in Everson, 330 U.S. 1, adopted Cooley's 1891 definition of "establishment of religion" instead.
111.17. Carlson v. Dickman (formerly Dickman v. School Dist. #62-c, Oregon City.) (U.S.S.C., #242.) Facts: VI DOCKET 7, 106, VII DOCKET 40. Def.-School Dist. petition for certiorari pending.

Leo Pfeffer, Esq., 15 E. 84th St., NYC; John D. Mosser, Esq., 1310 Yeon Bldg., Portland.

111.22. Murray v. Curlett, Baltimore School Bd. (U.S.S.C.)*
111.24. Wisconsin ex rel. Reynolds v. Nusbaum. (Wis. Sup. Ct.) 1961 legislature passed law providing state aid for transportation of children in private and parochial schools from home to nearest public schools. June 5, 1962: Wis. Sup. Ct. (4-2) held act unconstitutional under Wis. Constitution section prohibiting "expenditure of any public funds for the benefit of religious societies or religious or theological seminaries."
112. In Public Places (formerly 110)

112.24. Rev. Seebode v. Hollinger (formerly Rev. Kersey v. Hollinger.) (Los Angeles Co. Super. Ct., #786714.)*

And see Los Angeles Co., 112.24a.

112.24a. Los Angeles Co. and Hollywood Bowl Assn. v. Hollinger, Co. Auditor. (Dist. Ct. of App., 2d Dist., Div. 3, 2d Civ. #26087.) Dec. 1961: rnandamus proceeding to force Def. to issue warrant in accordance with $20,000. Co. appropriation for Pilgrimage Play. Def. refused on basis of Atty. Genl's. opinion that expenditure obnoxious to Calif. Constitution Art. 4, §30, U.S. Constitution, First and Fourteenth Amendments. July 27, 1962: dismissed without prejudice on announcernent by Pl. Bowl Assn. that Play will be put on with private funds, withdrawing request for Co. subsidy.

Hillel Chodos, Esq., 139 S. Beverly Drive, Suite 312; Mitchel J. Ezer, Esq., 404 N. Roxbury Drive, both of Beverly Hills, for A.C.L.U. of S. Calif.

120. Conscientious Objection to War
121. Through Application for C. O. Status (formerly 120)

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121.26. U.S. v. J. C. Harshman. (CA 7.) Facts: VII DOCKET 40. Appeal argued June 4; pending.

Francis Heisler, Esq., 7 S. Dearborn, Chicago.

121.27. U.S. v. Parker. (CA 7.) Facts: VII DOCKET 40. Appeal argued June 4; pending.

Francis Heisler, Esq., 7 S. Dearborn, Chicago.

121.28. U.S. v. N. J. Harshman. (ND Ill.) Def.-Harshmanite (sect of Church of Jesus Christ) convicted of refusing induction after draft bd. refused to grant 1-O (C.O.) classification. Def's. motion for suspended sentence and probation for 24 months "to do work of national importance" pending.

Francis Heisler, Esq., 7 S. Dearborn, Chicago.

122. Through Refusal to Register (formerly 120)
123. Through Civil Disobedience (formerly 120)

123.22. U.S. v. Aarons and Swann. (formerly v. Richman.) (CA 2.) Facts: VI DOCKET 106. Appeal pending.

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

123.23. U.S. v. Gormley. (SD Ia.) Def. refused to pay fedl. income tax because money goes for war; Gov't. seized Def's. bank account. Def. protested seizure; sent to fedl. prison hospital for "mental observation"; released after more than 30 days. Pending.
130. Denial of Tax Exemption to Institutions (see also 202, 266)
140. Sunday Closing Laws

140.16a. Fass v. New Jersey. (U.S.S.C.) (175 A. 2d 193.) Facts: VII DOCKET 40. May 28, 1962: U.S.S.C. denied certiorari; Dougles, J. diss.
140.29. Kansas v. Hill. (Kan. Sup. Ct.) Facts: VII DOCKET 74. Correct cite: 369 P. 2d 365.
150. Miscellaneous Restrictions

150.3. In re Marvin D. Jones. (Calif. Sup. Ct., Cr. 6965) (57 A.C. 908.) Facts: VII DOCKET 74. June 12, 1962: Calif. Sup. Ct. denied habeas corpus writ because, of inconsistent statements on both sides, guards' story more believable, but held complaints of racial and religious discrimination state a good cause of action in habeas corpus action.
150.5. Dawud and Dakota Staton v. Muhammad and Muhammad's Temple of Islam. (ED Pa., #31539.) Pl.-Negro singer and husband, orthodox Muslims, filed action against Def., leader of Black Muslims, alleging Pl's. career seriously damaged because prospective employers confused her beliefs with the black nationalism of Def. Pls. seek to restrain Def. from teaching doctrines in the name of Islam. Pending.

Charles Roisman, Esq., 215 S. Broad St., Philadelphia.

FREEDOM OF ASSOCIATION: AFFECTING THE ORGANIZATION (200-239)
200. Organizational Privileges Challenged
201. As to Meetings (see also 11)
(Descriptions of cases arising from Albany, Ga. movement in next issue.)

And see Gregg, 55.23.

202. As to Tax Exemption (see also 130, 266)

202.4. U.S. v. Communist Party, Hall, Flynn, Davis, Bart. (SD N.Y.) Facts: VII DOCKET 75. June 19, 1962: motion to dismiss as to individual Defs. argued; reserved.

And see 202.4a.

202.4a. Communist Party v. Commr. of Internal Revenue. (U.S. Tax Ct.) Pl. filed petition for redetermination of alleged deficiency in 1951 income and excess profits taxes filed in 1956. June 12, 1962: hearings on Commr's. motion to dismiss petition for lack of jurisdiction. Pending.

John Abt, Esq., 320 Broadway, NYC.

203. As to N.L.R.B. Certification (see also 245, 291)

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

And see Mine-Mill, 212.1.

204. As to Continued Existence (see also 213,223)

204.19. Clemmons v. CORE. (formerly listed as Re CORE.) (ED La., Baton Rouge Div.) Facts: VII DOCKET 75. Cites: 201 F. Supp. 737, 7 RRLR 133.
210. Compulsory Registration
211. Under 1950 Internal Security Act

211.1a. U.S. v. Communist Party. (DC DC.) Facts: VII DOCKET 41. Motion to dismiss indictment pending.

And see Hall, 211.1b; Davis, 211.1c.

211.1b. U.S. v. Hall. (DC DC, Cr. #228-62.) Facts: VII DOCKET 75. Def's. motion to dismiss pending.

John J. Abt, Esq., 320 Broadway, NYC; Joseph Forer, Esq., 711 14th St. N.W, Washington, D.C.

And see 211.1c.

211.1c. U.S. v. Davis. (DC DC, Cr. #229-62.) Facts: VII DOCKET 75. Def's. motion to dismiss pending.

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

211.1d-.1m. Kennedy v. Albertson, Friedlander, Johnson, Patterson, Tormey, Weinstock, Healey, Lima, Nelson, Proctor. (S.A.C.B., ##I-1-62 — I-10-62.) May 31, 1962: Atty. Genl. filed petitions with SACB for orders requiring Resp'ts. to
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register themselves as members of Communist Party under Int. Security Act, §8. Answers filed.

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

And see Bart, 334.5, Jackson, 334.6.

211.4. Nat'l. Council of American-Soviet Friendship v. S.A.C.B. (CA DC.) Facts: VI DOCKET 11. Oct. 1962: appeal to be argued.
211.5. Kennedy v. Civil Rights Congress. (CA DC.) Facts: VI DOCKET 11, VII DOCKET 40. Jy. 11, 1962: SACB denied Pet's. application for dismissal for mootness because organization defunct. Appeal pending in CA.
211.7. Haufrecht v. S.A.C.B. (re American Peace Crusade) (S.A.C.B., #11756.) Facts: VII DOCKET 41. SACB issued report: order should remain in effect though organization discontinued.
211.9. Am. Comm. for Protection of Foreign Born v. S.A.C.B. (CA DC.) Facts: VI DOCKET 11. Oct. 1962: appeal to be argued.
211.13. Veterans of the Abraham Lincoln Brigade v. S.A.C.B. (CA DC, #13174.) Facts: VII DOCKET 7, 41.

Amicus appearance by A.C.L.U., 156 Fifth Ave., NYC.

212. Under 1954 Communist Control Act

212.1. Kennedy v. Intl. Union of Mine, Mill & Smelter Workers. (S.A.C.B.) (CA DC., #17,135.) Facts: VI DOCKET 11, VII DOCKET 42, 76. Def.-Union's petition for determination it is no longer "Communist infiltrated" (under Int. Security Act §13A(b)) pending before SACB. Union's petition for review in CA.

And see R. Dennis, 203.3.

213. Under State Laws
220. Listing
221. By the Attorney General of the United States
222. By Congressional Committees
And see cases at 271.
221.1. Wheeldin v. Wheeler (U.S.S.C.) Facts: VI DOCKET 11, 57. Petition for certiorari pending.
223. By State Authorities
FREEDOM OF ASSOCIATION: AFFECTING THE MEMBERS (240-294)
240. Criminal Penalties for Membership
241. Under Smith Act: for Conspiracy
242. Under Smith Act: for Mere Membership
243. Under 18 U.S.C. 2384
244. Under Kennedy-Landrum-Griffin Act (29 U.S.C. 504) (see also 203, 291)

244.1. U.S. v. Brown (CA 9.) Facts: VI DOCKET 109, VII DOCKET 76. Correction: Def. convicted; 6 mths., no fine. Appeal pending.
245. Under State Laws
250. Civil Disabilities for Membership: Federal
251. In Federal Employment (see also 30, 268)
See cases at 30.5, 30.6.
252. As to Passport Applications and Right to Travel

252.27a. U.S. v. Worthy. (SD Fla., #214-62 Cr.) Facts: VII DOCKET 76. DC denied Def's. motion for change of venue from Fla. Def's. motions to inspect grand jury minutes and to dismiss indictment pending.
252.53. U.S. v. Stallings, Lazar, Yoes. (ND Calif., S. Div.) 3 Defs. sailed trimaran Everyman I out of San Francisco harbor toward U.S. atomic testing area (Christmas Island) in Pacific Ocean; boarded by U.S. Atty., crew arrested for violating temporary restraining order issued without notice or hearing. Issues: bad faith of Gov't. in obtaining order without notice; freedom of U.S. citizens to leave country and travel on high seas; right of U.S. Gov't. to close off 1,450,000 sq. mi. area from travel by U.S. citizens; authority of AEC to issue regulation without Congressional authority; Defs'. arrest 12 mi. at sea unlawful. June 7, 1962: DC after hearing found Defs. guilty of contempt; 30 days due to Defs. unwillingness to purge themselves of contempt by agreeing to obey future ct. orders. No appeals.

A.C.L.U. of N. Calif. by Marshall W. Krause, Esq., 503 Market St., San Francisco; A. L. Wirin, Esq., 257 S. Spring St., Los Angeles.

252.54. U.S. v. Steadman, Bonello, Zahn. (DC Hawaii.) 3 Defs. sailed Everyman II from Honolulu into AEC testing area after U.S. Atty. obtained preliminary injunction against vessel sailing into test area. Jy. 24, 1962: Defs. convicted of contempt; $600., $200. fines. Defs. served time rather than pay fines. Appeals pending.

A. L. Wirin, Esq., 257 S. Spring St., Los Angeles.

And see Pauling, 490.4a.

253. As to Army Discharges
254. As to Veterans Disability Payments

254.2. Thompson v. Whittier. (CA DC.) Facts: VI DOCKET 14, 84, 109. Jy. 12, 1962: CA reversed and remanded to DC with instructions to remand to Administrator for determination whether Pl's. benefits should be forfeited on basis of Ct's. interpretation of statute since Admr's. prior forfeiture based on erroneous construction of act; Bazelon, J., conc. in reversal, diss. from remand because Pl. should receive benefits now, Admr. should institute new proceedings.
255. As to Social Security Benefits
See Heikkila, 358.51.
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256. In Housing Projects
257. As to Federal License Applications
258. Through Deportation Proceedings (see also 358)

258.7. Wolf v. Rogers and Boyd. (DC Wash.) Facts: VI DOCKET 14, 58, 84, 109. On motion of Gov't., administrative record of hearing withdrawn from DC for administrative review. Pending.
258.12. Scythes v. Webb, Imm. Officer. (formerly listed as v. U.S.) (CA 7, #13580.) Facts: VII DOCKET 77. Appeal pending.

Leonard S. Zubrensky, Esq., 606 W. Wisconsin Ave., Milwaukee.

Amicus appearance by Melvin A. Wulf, Esq., 156 Fifth Ave., NYC, for A.C.L.U.

259. Through Denaturalization and Naturalization Proceedings (see also 358)
260. Civil Disabilities for Membership: State, Local and Private
261. In State or Local Government Employment

261.7. Crowe v. County of Wayne, Mich. (Mich. Sup. Ct.) (365 Mich. 656.) Facts: VI DOCKET 15. Mar. 16, 1962: Mich. Sup. Ct. affirmed dismissal of suit by Pl.-employee fired by Def. for refusal to take loyalty oath.
262. In Teaching (see also 24, 267, 281 and 342)

262.2. Bd. of Trustees, Lasson Union High School v. Owens. (Calif. Dist. Ct. of App., 3rd App. Dist.) Facts: VI DOCKET 15. Jy. 27, 1962: D.C.A. reversed, found Pl's. trial of Def. "quasi-inquisitorial"; held "unprofessional conduct" defined by Calif. Sup. Ct. as that which might injure "proper discipline"; trial ct. should have addressed itself to the question of "whether there had been any disruption or impairment of discipline of the teaching process as a result of the Def's. letters."
262.9. Governing Bd., Fullerton Jr. College Dist. v. Phillips. (Orange Co. Super. Ct., #101991.) Facts: VII DOCKET 77. Trial date: Sept. 5, 1962.

Marshall Ross, Esq., 139 S. Beverly Drive, Beverly Hills; A. L. Wirin and Fred Okrand, Esqs., 275 S. Spring St., Los Angeles.

263. As to State Unemployment Insurance Benefits (see also 346)
264. As to State License Applications

264.4. Re A. Robert Kaufman. (Balt. City Ct.) 1960: Balt. license bureau denied taxicab operator's permit to Pet. Feb. 1961: Ct. affirmed because of Pet's. record as "controversial" figure, arrests while distributing Socialist Alliance literature.
265. In Proceedings Against Attorneys and Bar Applicants (see also 345, 373)

265.5. In re Steinberg. (Allegheny Co. Common Pleas Ct., Pa.) Facts: VI DOCKET 16. Jan. 1962: Bar Assn. complaint against Resp. dismissed, citing Schlesinger, 265.4, 172 A. 2d 835.
265.25. Marshall v. State Bar of California. (Calif. Sup. Ct.) Facts: VI DOCKET 16, VII DOCKET 43. Pl. answered political questions negatively, allowed to take bar examination.
265.27. Application of Warren. (Conn. Sup. Ct. of Errors.) (178 A. 2d 528.) Conn. Bar comm. denied admission to App't. On appeal, Conn. Sup. Ct. held App't. must be apprised of any adverse evidence re his moral character and afforded reasonable opportunity to rebut it; comm's. conclusion "must have rational support in the evidence before" it.
266. Through Deprivation of Right to Tax Exemption (see also 130, 202)
267. In Private Employment—Teaching (see also 24, 262, 281 and 342)
268. In Private Employment — Defense Establishments (see also 344)

268.5c. Dressler v. U.S. (U.S. Ct. of Claims, #59-60.) Facts: VI DOCKET 17. Ct. of Claims granted Gov't's. motion to suspend proceedings pending Pl's. exhaustion of administrative remedies under new regulations providing new procedure for security clearance. Case closed.
269. In Private Employment — Other

269.1. Faulk v. AWARE, Inc. (Sup. Ct. N.Y. Co.) Facts: VI DOCKET 17, VII DOCKET 9, 43. April-May 1962: 11-week trial, during which Pl. produced witnesses re blacklisting practices in TV and radio in mid-1950s: David Susskind, Charles Collingwood, Kim Hunter, Mark Goodson, Gary Moore, Everett Sloane, Tony Randall. In closing argument, Pl's. atty. asked jury: "Let your word go out to the world that we in America will no longer tolerate these private vigilantes." June 27, 1962: jury (11-1) awarded Pl. compensatory damages of $1,000,000. against AWARE, Def. Hartnett, Def. Johnson's Estate, and punitive damages of $1,250,000. against AWARE and Hartnett (more than Pl. had asked). Jy. 11, 1962: Justice Geller denied Defs.' motion for new trial. Possible future litigation because Def. Johnson died after close of all evidence but prior to completion of both summations and Ct. appointed temporary Admr., substituting him in main case for deceased Def.; denied Defs'. motion for severance.
270. Criminal Penalties for Non-disclosure (see also 330)
271. Before Congressional Committees (see also 222, 330)

271.9. Russell v. U.S. (U.S.S.C.) (369 U.S. 749.) Facts: VI DOCKET 18, 111, VII DOCKET 43-4. May 21, 1962: U.S.S.C.
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(5-2) reversed, Stewart, J., because indictment merely stated that questions Def. refused to answer "were pertinent to the question then under inquiry" by the subcomm. of HCUA, without stating the subject under investigation. Douglas, J.: conc. in opinion describing and strongly defending freedom of press from Congressional interference, as in case of newspapermen questioned by HCUA. Harlan, J. with Clark, J., diss.: opinion contains cites to all contempt of Congress cases in DC DC 1950-1962.
271.12. Gojack v. U.S. (U.S.S.C.)

and

271.15. Shelton v. U.S. (U.S.S.C.)

and

271.16. Whitman v. U.S. (U.S.S.C.)

and

271.19. Price v. U.S. (U.S.S.C.)

and

271.20. Liveright v. U.S. (U.S.S.C.) All facts: VI DOCKET 18. May 21, 1962: U.S.S.C. reversed (5-2) in same opinion with Russell, 271.9.
271.27. Hartman v. U.S. (U.S.S.C., #447 Misc.) Facts: VI DOCKET 18, 111. June 25, 1962: U.S.S.C. reversed per curiam (5-2) for faulty indictment on authority of Russell, 271.9, 369 U.S. 749. (Issue of faulty indictment raised by motion in DC, but not in CA or U.S.S.C.) Clark, Harlan, J.J., diss.
271.28. Grumman v. U.S. (U.S.S.C., #436). Facts: VI DOCKET 18, VII DOCKET 10, 44. June 18, 1962: U.S.S.C. reversed per curiam (5-2), citing Russell, 271.9. Clark, Harlan, J.J., diss.
271.29. Silber v. U.S. (U.S.S.C., #454.) Facts: VI DOCKET 18, VII DOCKET 10, 44. June 25, 1962: U.S.S.C. reversed per curiam (5-2), citing Russell, 271.9.
271.33. Yellin v. U.S. (U.S.S.C., #154 Misc.) Facts: VI DOCKET 19, 59, 86, VII DOCKET 10. June 25, 1962: U.S.S.C. restored case to calendar for reargument in Oct. Term 1962.
271.42. U.S. v. Popper. (CA DC.) Facts: VI DOCKET 19, 111, VII DOCKET 44. CA reversed on ground indictment insufficient for failure to state subject under investigation by HCUA, citing Russell, 271.9.
271.45. Hutcheson v. U.S. (U.S.S.C., #46.) (285 F. 2d 280, 365 U.S. 866, 368 U.S. 855.) Facts: VI DOCKET 19, 86. May 14, 1962: U.S.S.C. (3-1-2) affirmed, Harlan, J.: Def., having failed to rely on privilege against self-incrimination, cannot now claim denial of due process due to impossibility of claiming privilege effectively; if Comm's. public hearings rendered Def's. state trial unfair, challenge should be made after state trial, not now; nothing in record or history of Comm. shows that it exposed Def. merely for sake of exposure. Brennan, conc. in result: In proper case, Hale (201 U.S. 43) and Murdock (284 U.S. 141) should be reconsidered; questions here did not go beyond Comm's. proper legislative purpose. Warren, C.J., diss.: "When the questioning led to matters concerning facts upon which the state indictment was based, the dilemma the Pet. found facing him was this: if he answered truthfully his answers might aid the pending prosecution; if he answered falsely, he could have been prosecuted for perjury; and, if he relied on the Fifth Amdt's. privilege against self-incrimination, that fact could be admitted against him in the state criminal trial." Douglas, J., diss.: "When we say that the Self-Incrimination Clause ... is not applicable to the States by reason of the Fourteenth Amdt., we turn a fedl. proceeding into a pretrial of the state prosecution, should the witness invoke his constitutional right .... Adamson (332 U.S. 46) should be overruled."
271.47. U.S. v. Tobin. (CA DC.) Facts: VI DOCKET 19, 59, VII DOCKET 10. June 7, 1962: CA DC reversed contempt conviction, held authority of Judiciary Comm. to investigate Port of N.Y. Authority too narrow to support the broad subpoena of Auth's. documents which Def. defied; appealed to Congress to provide a method for review of Comm's. authority other than appeal from criminal conviction.

And see cases at 222.

272. Before State Committees
And see cases at 204, 213, 373.
273. Before Legal and Administrative Tribunals
274. For Refusal to Produce Records
280. Civil Penalties for Non-disclosure (see also 342)
281. By Teachers

281.1a. Baggett v. Odegaard. (U. of Washington.) (WD Wash., N. Div., #5598.) Suit by 55 professors, research workers and students against Pres. and Regents, Wash. Atty. Genl. testing constitutionality of Chap. 103, Laws of 1931, Chap. 377, Laws of 1955 and Regents loyalty oath required thereunder. Continuation of litigation in Nostrand, 281.1 (1955-62), which ended without U.S.S.C. determination of constitutionality of oath or act. Suit brought under U.S. Constitution, Amendments One and Fourteen, Art. I, §10; 28 U.S.C. §§1343(3), 2201, 155; 42 U.S.C. §1983 for 3-judge ct. to hear complaint that oath: violates freedom of speech, academic freedom, freedom of contract (of tenured profs. faced with dismissal for refusal to take oath), right to hearing on reasonable notice of charges with opportunity to cross-examine witnesses and to offer evidence while represented by counsel, and oath contains terms which are vague and fluid and discriminatory as to non-citizen academicians: "the oath unreasonably abridges the freedom of inquiry, communication and dissent that are essential aspects of freedom of speech in a university community." Pending.

Byron D. Coney, Esq., 1405 Hoge Bldg., Seattle.

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281.12. Collins v. Huntington Beach Union High School Dist. (Calif. Sup. Ct.) Facts: VI DOCKET 21. Calif. Sup. Ct. denied Pl's. petition for hearing; Pl's. dismissal stands.

And see Phillips, 262.9.

281.15. Cramp v. Bd. of Pub. Inst., Orange Co. (Fla. Sup. Ct.) Facts: VI DOCKET 22, VII DOCKET 11, 44-5, 79. Cite: 137 So. 2d 828.
281.17. In re Patrick Hancock. (formerly listed as Henry.) (Calif. Bd. of Educ. H'g. Off.)*
281.18. Soler v. Bd. of Pub. Educ., School Dist. of Philadelphia. (U.S.S.C., #911.) Facts: VII DOCKET 79. June 4, 1962: U.S.S.C. denied certiorari.
282. By Others
290. Penalties for False Disclosure
291. Under Taft-Hartley Oath (see also 203, 245)

291.7. U.S. v. Fred and Marie Haug. (ND Ohio.) Facts: VI DOCKET 22. While Defs. serving sentences on conspiracy convictions, 291.20, indictments for filing false affidavits dismissed on Gov't's. motion.
292. On Government Security Questionnaires

292.2. Ogden v. U.S. (CA 9.) Facts: VI DOCKET 22, 87. May 16, 1962: CA remanded to DC for further hearing on Jencks Act problems.
293. In Miscellaneous Cases

293.2. U.S. v. Hucks (U.S.S.C., Misc. #79.) Facts: VI DOCKET 112, VII DOCKET 11. CA DC affirmed conviction. Petitions for certiorari and to proceed in forma pauperis pending.
293.3. Los Angeles Bd. of Educ. v. Sloat. (Los Angeles Super. Ct., #794678.) Apr. 24, 1962 : suit to discharge Def.-teacher (subpoenaed by House Comm. on UnAm. Activities 1959, but never called to testify) under Calif. Educ. Code §129-65-6, for testifying falsely. Def. acknowledged former membership in Communist Party when asked by Pl., but denied belonging to organization advocating violent overthrow of gov't. Issues: necessity for scienter; relevancy of past membership to present right to teach. Pending.

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

295. Right of Privacy

295.4. Hall v. Graybill, Hoag, Jr. (Los Angeles Super. Ct.) Facts: VII DOCKET 11, 45. Venue as to 1 Def. pending on appeal before D.C.A. Case brought under Calif. Pen. C. §11105.
II. DUE PROCESS AND RELATED RIGHTS (FOURTH, FIFTH, SIXTH, SEVENTH, EIGHTH AND FOURTEENTH AMENDMENTS) (300-499)

300. Searches and Seizures
301. By Wiretapping

301.7. Lanza v. New York. (U.S.S.C., #236.) (10 A.D. 2d 315, 199 N.Y.S. 2d 598; 9 N.Y. 2d 895, 216 N.Y.S. 2d 706, 175 N.E. 2d 833.) Facts: III DOCKET 11, 53. Feb. 1957: Pet. visited brother in N. Y. jail; their conversation electronically intercepted and recorded by N. Y. officials. N. Y. legislative comm. then subpoenaed Pet., asked him questions based in part on transcript. Pet. refused to answer after being offered immunity; convicted of contempt; affirmed, modified on appeal. June 4, 1962: U.S.S.C. (4-3) affirmed, Stewart, J.: (1) jail visiting room is not "house" within Fourth Amendment search and seizure prohibition; (2) evidence from conversation not introduced in evidence against Pet. in criminal prosecution; (3) Pet. would have been called by Comm. regardless of transcript; (4) some of questions were unrelated to transcribed conversation. Warren, C.J., diss.; (4) was state ground fully supporting conviction; other questions should not have been dealt with by U.S.S.C. Brennan, J. (Warren, C.J., Douglas, J.) diss.: fewer than 5 of 7 J.J. agree with (1); other questions not properly before U.S.S.C.

Leo Pfeffer, Esq., 15 E. 84; Jacob D. Fuchsberg, Esq., 320 Broadway, NYC.

302. In Other Federal Cases (and see 420)

302.20. Di Bella v. U.S., U.S. v. Koenig. (U.S.S.C.) Facts: VII DOCKET 80. Cite: 369 U.S. 121.
302.21. Ravallette v. Smith. (CA-7). Facts: VII DOCKET 80. Cite: 300 F. 2d 854.
302.22. York v. Story. (CA 9.) Pl. alleges male and female police officers broke into her apartment, forcibly searched her private parts, arrested her without cause; suing for damages, under Fedl. Civil Rights Act. DC dismissed; CA 9 reversed. Trial date to be set in DC.

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

303. In Other State Cases (and see 420)

303.14. Cedeno v. Lichtenstein. (ND Ill., #58-C-1712.) Facts: VI DOCKET 23. Trial date: Oct. 9, 1962.
303.26. Monroe v. Pape. (ND Ill., E. Div., #596329.) Facts: VI DOCKET 24, 88. On remand from U.S.S.C., trial date: Oct. 1, 1962.
303.27. Massachusetts v. Spofford. (Mass. Sup. Jud. Ct.) (180 N.E. 2d 673.) Facts: VI DOCKET 24. Mass. Sup. Jud. Ct. reversed, held motion to suppress evidence should have been granted under Mapp, 52.25, 367 U.S. 643, since case tried and on appeal when Mapp decided; "consent" of Def. to search without warrant invalid because Def. in no position to make free choice.
52.25. Mapp v. Ohio. (U.S.S.C.) Facts: VI DOCKET 4. Cite: 367 U.S. 643.
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303.33. Lucero v. Donovan, Carnover. (SD Calif.) (300 F. 2d 441.)*
303.37. Connecticut v. Del Vecchio. (Conn. Sup. Ct. of Errors.) (23 Conn. L. Jour. No. 3.) Jy. 3, 1962: Conn. Sup. Ct. adopted U.S.S.C. rule in Mapp, 52.25, 367 U.S. 643.
303.38. Kentucky v. Mitchell. (Ky. Ct. of App.) (355 S.W. 2d 686.) Police officers set up roadblock for purpose of requiring drivers to display operators' licenses; evidence obtained used in trial. Mar. 23, 1962: Ct. of App. affirmed, held this not unlawful arrest or illegal search, does not invade constitutional freedom, evidence competent and admissible, as long as roadblock is actuated for purpose here.
310. Indictment
311. Challenge to Composition of Grand Jury (see also 510)

311.2. Beck v. Washington. (U.S.S.C., #40.) (56 Wash. 2d 474, 349 P. 2d 387; 56 Wash. 2d 474, 353 P. 2d 429; cert. granted 365 U.S. 866.) 1957: During extensive and intensive newspaper publicity related to investigation by Sen. Comm. on Improper Activities of Labor or Management, judge impaneled grand jury which indicted Def.-Teamsters Union president for grand larceny; convicted. Wash. Sup. Ct. affirmed by 4-4 vote. May 14, 1962: U.S.S.C. (4-3) affirmed, Clark, J.: (1) newspaper coverage not so extensive as to require ct. instructing grand jury to disbelieve jurors claiming to be unbiased; (2) grand jury not mandatory in Wash.; (3) grand jury was unbiased. Black, J. (Warren, C.J.), Douglas, J. diss.: judge failed to take affirmative steps to insure unbiased grand jury, as required by Wash. statute; Def. denied equal protection by requirement that only Defs. on bail or in custody entitled to impartial grand juries, those under investigation are not.

Charles S. Burdell, Esq., Seattle.

312. Attacks on Character of Evidence

312.26. New York v. Molina del Rio. (N.Y. Sup. Ct., App. Div., 1st Dept.) Facts: VI DOCKET 114, VII DOCKET 13. Sept., 1962: appeal argued.
313. Charge of Entrapment
See Kai Gay, 358.a.
314. Charge of Conspiracy
See R. Dennis, 203.3, Sobell, 355.4, Grove Press, 14.10a.
315. Inspection of Pre-Trial Statements of Government Witnesses
(Including Jencks point, 353 U.S. 357, and Jencks Act, 18 USC 3500.)
316. Inspection of Grand Jury Minutes
320. Double Jeopardy
321. In Federal Cases

321.11. Fong Foo v. U.S., Standard Coil Products Co. v. U.S. (U.S.S.C.) Facts: VII DOCKET 81-2. Cite: 369 U.S. 141.
322. In State Cases
330. Self-incrimination: Criminal Sanctions for Exercising Privilege (see also 270)
331. Before Congressional Committees
332. Before State Committees
See Jordan, 272.12.
333. Before Grand Juries and Tribunals
334. Grants of Immunity: Federal

334.5. In re Bart. (CA DC, #16, 982-3.) Facts: VII DOCKET 47, 82. June 7, 1962: CA DC reversed for failure of Gov't. to allege, or DC to find, that grand jury was investigating violations involving actual or planned endangering of national security or defense; DC erred in failing to require Gov't. to prove Immunity Act provisions complied with and to require adequate notice to Pet.

And see Comm. Party, 211.1a; Jackson, 334.6.

334.6. U.S. v. Jackson. (CA DC, #16917.) Facts: VII DOCKET 82. June 28, 1962: CA reversed, citing Bart, 334.5.
335. Grants of Immunity: State
And see Kai Gay, 358.a.
336. Criminal Registration Laws
And see 1950 Internal Security Act, 211.
337. Miscellaneous
340. Self-incrimination: Civil Sanctions for Exercising Privilege (see also 280)
341. Effect on Army Discharges (see also 253)
342. Effect on Employment — Public School Teachers (see also 262, 267, 281)
343. Effect on Employment—Other Public Officers (see also 261)
344. Effect on Employment — Private (see also 30, 268, 269)

344.13. Zelman v. Bethlehem Steel Co., United Steelworkers Union. (ND NY.) Facts: VI DOCKET 27. Pl. discontinued action.
345. Effect on Attorneys (see also 265, 373)
346. Effect on Unemployment Insurance and Social Security (see also 263)
350. Due Process
351. In Arraignment (Delay)

351.1. Buono v. Kenton. (U.S.S.C.) (287 F. 2d 534.) Facts: VI DOCKET 90. Oct. 9, 1961: U.S.S.C. denied certiorari.
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352. In Grand Jury Procedures (see also 311, 316)
353. In Obtaining Confessions

353.13. Fair v. Georgia. (Ga. Sup. Ct.) Facts: VI DOCKET 90. Cite: 216 Ga. 721.

Donald L. Hollowell, Esq., 859½ Hunter St. NW, Atlanta; C. B. King, Esq., 221 S. Jackson, Albany.

353.16. Lynum v. Illinois. (U.S.S.C.) (21 Ill. 63, 171 N.E. 2d 17.) Facts: VII DOCKET 48, 83. June 25, 1962: U.S.S.C. granted petition for certiorari.
353.18. Gallegos v. Colorado. (U.S.S.C., #475.) (358 P. 2d 1028.) Jan. 1, 1959: 14-yr. old arrested, kept in security at Juvenile Hall. Jan. 2: made confession; mother denied permission to see him. Jan. 7: without having seen atty. or parent, Def. signed formal confession. Charge: murder. Convicted; crucial evidence: confession. Colo. Sup. Ct. affirmed. June 4, 1962: U.S.S.C. (4-3) reversed: "The youth of the Pet., the long detention [5 days], the failure to send for his parents, the failure immediately to bring him before the judge of the Juv. Ct., the failure to see to it that he had the advice of a lawyer or a friend—all these combine to make us conclude that the formal confession on which this conviction may have rested . . . was obtained in violation of due process." Clark, J. (Harlan, Stewart, J.J.), diss.

And see cases at 430.

354. In Press Releases and Newspaper Coverage
And see Seals, 512.29.
355. In Admitting Perjured Testimony (see also 312)
356. In Courts Martial

356.12. Sgt. Stobo C. West v. U.S. (Navy Dept.) Facts: VII DOCKET 14. 1962: U.S. Ct. of Military Appeals reversed conviction, ordered new trial. Pl. agreed to plead guilty to lesser charge: sentenced to 19 mths. hard labor, bad conduct discharge.

Robert E. Hannon, Esq., Castro Valley, Calif.

356.50. Anderson v. Capt. MacKenzie. (CA 9, #17988.) Pet.-sailor, during 1960-61 enlistment, involved in several charges, disciplined, but undesirable discharge never recommended. Navy Dept. sent word to Pet's. superior to give him undesirable discharge "administratively". Pet. sued. Issues: no provision in Navy legal history back to 1798 for undesirable discharge without trial; no way to exhaust administrative remedies because can't complain in Navy of undesirable discharge till it is given, and sailors out of Navy immediately upon receipt of discharge and therefore unable to proceed administratively; undesirable discharge is lifetime characterization. DC Haw. dismissed for failure to exhaust administrative remedies. Aug. 1, 1962: CA 9 affirmed.

Hyman M. Greenstein and Stewart M. Cowan, Esqs., 400 S. Beretania, Honolulu, Hawaii; James T. McDonald, William B. Dunn, Esqs., 2 Pine St., San Francisco.

Study:

Sen. Civil Rights SubCommittee investigating court martial procedures, issuance of discharges, etc., under Sen. Sam J. Ervin.

356.51. Beard v. Stahr, Secy. of Army. (U.S.S.C., #648.) (200 F. Supp. 766.) During 19 yrs. in Army, Pet. had exemplary conduct, high efficiency ratings. Mths. before retirement, Army Bd. of Rev. recommended "general" discharge. Pet. sued. DC granted Def's. motion for summary judgment. May 28, 1962: U.S.S.C. (5-2) per curiam vacated, remanded for DC to dismiss as premature since Def. has not yet exercised discretion; Pet. can seek redress if general discharge given. Douglas, J. (Black, J.) diss.: (1) Dismissal with stigma is severe penalty; (2) in such case, Gov't. should have burden of proof, not Pet.; (3) Pet. not permitted to confront and cross-examine chief witness against him; (4) DC can intervene, citing Harmon, 253.4, 355 U.S. 579.
357. In Naturalization Proceedings (see also 259)
358. In Expatriation, Denaturalization and Deportation Proceedings (see also 258, 259)

358.17. Rusk v. Cort. (U.S.S.C.) (187 F. Supp. 683.) Facts: VI DOCKET 29, 91, VII DOCKET 84. (369 U.S. 367.) Addition: Apr. 2, 1962: U.S.S.C. also set for reargument on whether Gov't. can expatriate native citizen who remained abroad "for the purpose of evading or avoiding training and service" in U.S. armed forces.
358.18. Guerrieri v. Rusk. (formerly v. Herter.) (CA DC.) Facts: VI DOCKET 29. CA DC affirmed DC decision that Pl. can not be expatriated.
358.22. Woo Tai King v. Holton, Dist. Dir. (ND Calif., S. Div., #40827.) 1948: Pet. received Certificate of U.S. Citizenship showing he had proved U.S. citizenship as of 1934. Mar. 1962: Commr. cancelled Certificate, ordered it surrendered to Imm. Service — failure to surrender could subject Pet. to prosecution. June 1962: Pet. sues for return of Certificate; asserts right to see evidence against him, confront accusers under Fifth Amendment due process clause, 8 U.S.C. §§ 1452, 1453. Pending.

M. W. Krause, A.C.L.U. of N. Calif., 503 Market St., and George Duke, Esq., both of San Francisco.

358.59. U.S. v. Marks. (CA 2.) Facts: VI DOCKET 118, VII DOCKET 15, 84. Appeal pending.
358.61. Sherman v. Hamilton. (U.S.S.C.) Facts: VII DOCKET 49, 84. Cites: 298 F. 2d 247, cert. denied 369 U.S. 820.
358.a. U.S. v. Dear Kai Gay; U.S. v. Joe Wing Gong. (CA 9.) (ND Calif.) Facts: VII DOCKET 15, 49. Mar. 1, 1962: Def. Gong tried before jury, acquitted. Def. Gay's appeal pending.
359. In Loyalty Hearings (see also 251 and 268)
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360. Speedy and Public Trial
370. Right to Counsel
371. In Federal Cases

371.5. Jamison v. Chappell. (CA DC, #17059.) Facts: VII DOCKET 50, at 402.2. DC granted Def's. motion for summary judgment. Appeal pending.
372. In State Cases

372.16. Crump v. Sain. (U.S.S.C.) Facts: VII DOCKET 49. Mar. 26, 1962: U.S.S.C. denied certiorari. Cite: 369 U.S. 830.
372.17. Carnley v. Cochran, Dir. (U.S.S.C.) Facts: VII DOCKET 84. Cite: 369 U.S. 506.
372.18. Re Smallwood. (Md. DC.) 1957: Def.-Negro charged with rape of white woman; court appointed counsel; convicted by jury; life sentence. June 25, 1962: DC, after hearing, found case offered by defense atty. "so inadequate as practically to amount to no representation at all"; granted Def's. petition for habeas corpus writ.

And see Mattox, 452.2.

373. Indirect Restrictions (see also 265, 345)

373.12. U.S. v. Samuel Mitchell. (MD N.C.) Facts: VII DOCKET 85. May 1962: After Ct. hearing, DC granted 7 mths. extension of time for Def's. payment of fine; 5 yrs. probation.

Major S. High, Esq., 1402 E. Washington St., Greensboro; Romallus O. Murphy, Esq., 557 E. Nash St., Wilson, N. C.

Amicus appearance by Comm. to Assist Southern Lawyers, Natl. Lawyers Guild, 3220 Cadillac Tower, Detroit, by Morton Leitson, Esq., Flint, Mich.

And see Jordan, 272.12.

374. Opportunity for Appellate Review

374.16. Coppedge, Jr. v. U.S. (U.S.S.C.) Facts: VII DOCKET 85. Cite: 369 U.S. 438.
380. Confrontation
381. In Criminal Cases
382. In Civil Cases
See Beard, 356.51.
390. Jury Trials (see also 510)

390.4. Fletcher v. Cavell. (U.S.S.C., #1328, Misc.) (287 F. 2d 792.) Facts: VI DOCKET 30. CA 3 affirmed. June 25, 1962: U.S.S.C. denied petition for certiorari.
400. Excessive Bail; Parole Conditions
401. Amount of Bail
402. Conditions Imposed

402.2. Jamison v. Chappel. Erroneously reported here. Now reported at 371.5.
403. Denial of Bail

403.4. Cohen v. U.S. (U.S.S.C., #795.) (283 F. 2d 50, 297 F. 2d 760; 82 S. Ct. 8, 518, 526.) Facts: VII DOCKET 50. Apr. 30, 1962: U.S.S.C. denied certiorari; Douglas, J. of opinion cert. should be granted.
403.7. Leigh v. U.S. (U.S.S.C.) 1950-58: Def. convicted four times in different jurisdictions for forgery and uttering false checks. 1960: convicted in DC for same offense as to $170. worth of checks; 3-9 yrs. on each of 4 counts, concurrently; began serving sentence. DC denied motion to appeal in forma pauperis. CA appointed counsel to represent Def. on leave to appeal in forma pauperis; pending while CA awaits decision in similar case. May 11, 1962: Warren, C.J., granted bail pending appeal, since no claim appeal is frivolous; must set bail at $1,000. because of seriousness of crime; Gov't. does not contend Def. will flee the jurisdiction.
410. Cruel and Unusual Punishment
411. In Criminal Cases

411.10. Newson v. California. (Calif. Adult Auth.) Facts: VI DOCKET 31, VII DOCKET 16. Def. transferred to minimum security prison after protests.
411.11. Winston v. U.S. (CA 2.) Facts: VI DOCKET 31, VII DOCKET 16, 50. June 28, 1962: CA 2, en banc, affirmed CA 2 panel decision reversing DC and holding Tort Claims Act embraces claims for prison-incurred injuries.
411.12. Mississippi v. Kennard. (U.S.S.C.) Facts: VI DOCKET 92, VII DOCKET 16. U.S.S.C. denied certiorari.
411.16. Robinson v. California. (U.S.S.C., #554.) Police accosted Def. while he was admittedly not engaging in illegal or irregular conduct of any kind, checked and allegedly found evidences of narcotics use at some time in the past; arrested. Charge: violation of Calif. Health & Safety Code §11721. Trial ct. charged jury Def. could be convicted of "using" or "being addicted to" use of narcotics under §; convicted. June 25, 1962: U.S.S.C. reversed (6-2), Stewart, J., holding "a state law which imprisons a person thus afflicted [with drug addiction] as a criminal, even though he has never touched any narcotic drug within the State or been guilty of any irregular behavior there, inflicts a cruel and unusual punishment in violation of the Fourteenth Amendment." Douglas, J., conc.: presents medical reports on difficulty of stopping drug addiction, history of Anglo-American bestial treatment of mental illness, discussion of addiction as illness, not crime. Harlan, J., conc. Clark, J. and White, J., diss.

S. Carter McMorris, Esq., 535 W. 49th St., Los Angeles.

412. In Extradition Cases

412.10. In re Albert Owings. (N.J. Sup. Ct.)*

And see Mallory extradition issue in Crowder, 58.22.

413. In Civil Cases

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413.4. Googe v. Shapiro. (DC Conn., #8857.)*
413.4a. Connecticut v. Jane Doe. (Conn. Sup. Ct.)*
413.7. Levey v. Murphy, NYC Police Commr. (NY Co. Sup. Ct., #7993/1961.)*
420. Illegal Arrest (see also 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, # 61 C 1404.)*
420.16. Rev. Jones v. Teasley. (WD La.) Facts: VI DOCKET 119, VII DOCKET 86. June 25, 1962: DC denied motion to quash jury venire because of inclusion of unrepresentative number of Negroes. June 26-Jy. 2: trial; jury verdict for all Defs. Motions for new trial, judgment nothwithstanding verdict pending.
420.20. Quince v. Rhode Island, Ward v. Rhode Island. (R.I. Sup. Ct., ##10, 306-10, 307.) Pls.-migrant farm laborers witnessed homicide, taken into custody as material witnesses. Held in prison 158 days, freed on habeas corpus. Legislature authorized suit for damages; trial court awarded each $2,500; Sup. Ct. granted additur to give each Pl. $3,750; "To the innocent even a momentary deprivation of liberty is intolerable; 158 days is an outrage."
420.21. Gonzalez v. Genl. Investigators Inc. (ND Ill., #60 C 1806.) Nov. 1960: Pl.-Mexican-Am. laborer filed suit against private detectives and state officers who falsely charged him with arson. Pl. alleges he spent 2 mths. in jail before grand jury returned no-bill. Pl. asks damages for false arrest and imprisonment, malicious prosecution, deprivation of civil rights, defamation, invasion of privacy, under 42 U.S.C. §§1983, 1985, Fourteenth Amendment. June 20, 1962: DC overruled Def's. motion for summary judgment. Pending.

Charles Pressman, Esq., 77 W. Washington; Joel J. Sprayregen, Esq., 38 S. Dearborn, both of Chicago.

And see Cedeno, 303.14.

430. Due Process for Juvenile Offenders
See Cobb, 411.13; Codarre, 440.1; Covington, 59.22b, 59.22a, Gallegos, 353.18.
430.1. Re Anonymous Juvenile. (Bartow Co., Ga.) June 9-21, 1962: 12 yr. old boy picked up by police re theft of rifle and ammunition, held in Co. jail because no detention home for juveniles in town. June 21, 1962: After Juv. Ct. hearing, Resp. released in custody of Ct.-appointed foster parents.
440. Due Process for Incompetent Defendants

440.1. New York v. Codarre. (N.Y. Ct. of App., #226.) (10 N.Y.S. 2d 361, 223 N.Y.S. 2d 457, 179 N.E. 2d 475.) Facts: VII DOCKET 17. Nov. 30, 1961: N.Y. Ct. of App. granted Def's. writ of error coram nobis. Hearing in Dutchess Co. Ct. held; decision awaited.
440.2. Lynch v. Overholser. (U.S.S.C.) (109 U.S. App. D.C. 404, 288 F. 2d 388.) Facts: VII DOCKET 17. May 21, 1962: U.S.S.C. (6-1) reversed, Harlan, J.: "[w]e read D.C. Code §24-301(d) [requiring ct. to commit to mental hospital] as applicable only to a Def. acquitted on the ground of insanity who has affirmatively relied upon a defense of insanity, and not to one, like the Pet., who has maintained that he was mentally responsible when the alleged offense was committed." If Def. here is found not guilty by reason of insanity, despite his assertion, he can only be committed under civil commitment procedures (D.C. Code Tit. 21) or §24-301(a). Clark, J., diss.
450. Post-Conviction Remedies
451. In State Courts in State Cases
452. In Federal Courts in State Cases

452.1. Fay v. Noia. (U.S.S.C., #809.) (183 F. Supp. 222, 300 F. 2d 345.) 1942: 3 Defs. charged with murder during robbery; only evidence: their confessions. Convicted; life sentences. 2 Defs. appealed; convictions reversed because all 3 confessions coerced; Defs. freed. Issue: Can Def. Noia be released when he did not appeal? Feb. 1962: CA 2 (2-1) ordered Def. released; Mar. 1962: CA 2 (6-3) rejected motion to reconsider. State held Def. pending its appeal to U.S.S.C. May 14, 1962: U.S.S.C. granted certiorari.
452.2. Mattox v. Sacks. (U.S.S.C., #584.) (172 Ohio St. 385, 176 NE 2d 221.) Def. charged with assault with intent to kill; tried without defense lawyer; convicted. Def. appealed without lawyer. Ohio Sup. Ct. affirmed: Def. sought habeas corpus writ when should have appealed; time for appeal passed. May 14, 1962: U.S.S.C., per curiam, denied certiorari, because Def. without state remedy to challenge conviction on fedl. constitutional grounds. Def. can apply for habeas corpus in fedl. DC.
453. In Federal Cases
460. Sentencing and Clemency Procedures
461. Sentencing Process

461.1. Hill v. U.S. (U.S.S.C., #68.) Pet. sought to vacate sentence; charged trial ct. failed to give Pet., after conviction by jury, opportunity to make statement and present information in mitigation of punishment. Jan. 22, 1962: U.S.S.C. (5-4), Stewart, J. held such failure not of itself error that could be raised by collateral attack on motion to vacate sentence, where all that was shown was failure to comply with rule. Black, J. (Warren, C.J., Douglas, Brennan, J.J.) diss.

Curtis R. Reitz, Esq., Philadelphia.

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462. Applications for Probation
463. Applications for Parole
464. Applications for Pardons or Executive Clemency
465. Applications for Expungement or Certificates of Rehabilitation
490. Miscellaneous Due Process

490.4a. Pauling, et al. v. McNamara, U.S. Secy. of Def. (DC DC.) June 21, 1962: Suit filed by 187 Pls. for declaratory judgment and injunction against Defs'. detonating nuclear weapons which create radiation and radioactive fallout, and for 3-judge fedl. ct. to hear suit, brought under 28 U.S.C. §§2201-2, 2282, 2284; 42 U.S.C. §2011 et seq.; 28 U.S.C. §§1331(a), 1332(a) 1, 2, 3, §1350, §§1651(a), (b); Fedl. Rule Civ. Proc. 23; UN Charter (59 Stat. 1035), Universal Declaration of Human Rights (UN Document a/811, 1958); U.S. Constitution Art. III, §2, Art. VI, §2. Basis of complaint: "Pls. are natural persons, all of whom are desirous and under the Constitution and the laws of the U.S., are entitled to maintain normal and continuous human relationships as spouses, parents, children, grandchildren, and ancestors of others, and who are . . . substantially affected by the acts of the Defs. . . ." Pls. are citizens of US and many other countries, esp. scientists, businessmen, artists, professors, parents. Complaint contains description and analysis of U.S. atomic tests to date, radioactivity and its effects; alleges Defs. without authority under Atomic Energy Act ot detonate nuclear weapons creating radiation, Congress unlawfully delegated legislative powers to Defs. without setting standards; provisions of A.E. Act vague, indefinite and vest arbitary power in Defs. in violation of due process; Congress cannot empower Defs. to enact legislation resulting in contamination of atmosphere and damage to lives and progeny of the population. Pending.

Oliver E. Stone, Esq., 1500 Massachusetts Ave., NW, Washington, D.C.; Francis Heisler and Charles A. Stewart, Esqs., P. O. Box 3996, Carmel, Calif.

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

500. Elections
501. Racial Discrimination

501.9a. Camacho v. Rogers (formerly v. U.S. Atty. Genl.) (SD NY, #60 Civ. 3531.) Facts: VII DOCKET 18. Cite: 199 F. Supp. 155.*
501.19. U.S. v. Alabama, and Thompkins. (Bullock Co., Ala.) (MD Ala., #1677-N.) Facts: VI DOCKET 69, VII DOCKET 19. Case closed after Sept. 13, 1961 ct. order.
501.24. Anderson v. Courson. (Albany and Doughterty Cos., Ga.) (MD Ga., Albany Div.) Facts: VI DOCKET 121, VII DOCKET 52. Cite: 203 F. Supp. 806.
501.28. U.S. v. Fox, Registrar, and Louisiana. (Plaquemines Parish, La.) (ED La., #11625.)*
501.29. U.S. v. Duke, Cir. Ct. Clerk and Registrar, and Mississippi. (Panola Co., Miss.) (SD Miss. #D-C-45-61.)*
501.33. U.S. v. Mississippi and Wood, Registrar. (Walthall Co.) (SD Miss., Hattiesburg Div., #1656.)*
501.33a. Wood and Mississippi v. U.S. (Walthall Co.) (U.S.S.C.) Facts: VII DOCKET 19-20, 88. Cite: 369 U.S. 850.

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

501.40. U.S. v. Green, Cir. Clk., and Mississippi. (George Co.) (SD Miss., #2540.)*

And see 571.66.

501.41. U.S. v. Miller, Co. Democratic Exec. Comm., and Georgia (formerly v. Registrar.) (Bibb Co.) (MD Ga.) Facts: VII DOCKET 89. June 3, 1962: DC ordered complete desegregation of all voting booths in Democratic Party primary elections by Sept. 12, 1962 in 6 voting places, by Sept. 1963 in 14 others where Defs. contended earlier action would cause confusion.
501.42. Billingsley, Jr. v. Bailes, Jr., Ala. State Democratic Exec. Comm. (Jefferson Co.) (ND Ala. S. Div., #10119.)
501.43. Taylor v. Township of Dearborn, Mich. (Wayne Co. Cir. Ct., Ch. #612-289.) Jy. 15, 1961: Pl.-Negroes sued to enjoin incorporation of city whose boundaries allegedly drawn to exclude Negroes. Issues: Fourteenth Amendment, as construed in Gomillion, 501.6a, 364 U.S. 339. Jan. 1962: trial. Pending.

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

501.44. Bruce, Voting Registrars v. U.S. Atty. Genl. (Wilcox Co., Ala.) (Wilcox Co. Cir. Ct.) (CA 5, #19303.) (298 F. 2d 860.) May 1960: Pls. sought injunction to prohibit Def. from enforcing demand to inspect voting records; temporary injunction granted. Case removed to fedl. DC, which denied Def's. motion to dismiss. Feb. 5, 1962: CA 5 reversed, dismissed Pls'. suit.

And see 501.44a.

501.44a. Kennedy v. Bruce. (Wilcox Co., Ala.) (CA 5, #19303.) (298 F. 2d 860.) Aug. 1960: Pl.-Atty. Genl. filed application for order requiring Def.-Registrar to permit inspection of voting records under Civil Rights Act of 1960, Title III (see 501.44). Sept. 1961: DC dismissed (without opinion). Feb. 5, 1962: CA 5 reversed; held state ct. without power to enjoin acts of U.S. Atty. Genl., Atty. Genl. does not have to specify information upon which he is acting, fedl. investigation cannot be frustrated by Registrar's statement he knows of no violation; remanded with directions to grant application.
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502. Political Discrimination
503. Urban Discrimination

503.1. Baker v. Carr. (Tennessee.) (MD Tenn.) (369 U.S. 186.) Facts: VI DOCKET 35, 69, 121, VII DOCKET 89. May 1962: Tenn. Genl. Ass. met in special session, passed reapportionment bill. June 22, 1962: 3-judge fedl. ct. held: (1) fedl. ct. intrusion into state gov'tal affairs should be kept at minimum; (2) Sen. reapportionment plan "devoid of any standard or rational plan", tho cures "most glaring inequities"; (3) apportionment in 1 house should be based solely on nos. of qualified voters; ordered further legislation by Jl. 3, 1963 or fedl. ct. will act; retained jurisdiction.
503.2a. Sanders v. Gray. (Georgia.) (U.S.S.C., #959.) (203 F. Supp. 158.) Facts: VII DOCKET 89. June 18, 1962: U.S.S.C. noted probable jurisdiction; denied motion to advance. Harlan, J. would give leave to apply to U.S.S.C. for stay pending appeal. June 27, 1962: Ga. Democratic Comm. voted unanimously to hold party primary election on popular vote count basis, rather than Co. unit system.

Herman Heyman, Esq.; Morris B. Abram, Esq., Healey Bldg.; Robert E. Hicks, Esq., all of Atlanta.

503.2b. Wesberry, Jr. v. Vandiver and Fortson, Jr. (ND Ga., #7889.) VII DOCKET 89. June 20, 1962: 3-judge ct. (2-1) dismissed, found no invidious discrimination, citing Colegrove, 328 U.S. 549. Tuttle, C.J., diss.: discrimination proved, DC should retain jurisdiction till next session of Genl. Assembly, to give Assembly another opportunity to act before Ct. acts.

Correction: Frank T. Cash, Esq., 2301 Bank of Georgia Bldg., Atlanta.

503.2c. Toombs v. Fortson. (ND Ga.) Suit filed seeking relief from inequities in urban representation in Ga. Genl. Assembly. May 25, 1962: 3-judge fedl. ct. found present allocation of seats in House and Senate favors rural areas, amounts to "invidious discrimination", violates equal protection guaranteed by Fourteenth Amendment. Ct. set standards: "so long as the Legislature . . . does not have at least one house elected by the people . . . apportioned to population, it fails to meet constitutional requirements . . ."; Ga. act requiring rotation of senate seats among Cos. of several senatorial districts unconstitutional. Ct. declined to enter injunction now, retained jurisdiction, to give State "reasonable opportunity" to reapportion before Jan. 1963 session.
503.3. Scholle v. Hare. (Mich.) (Mich. Sup. Ct.) (369 U.S. 429.) Facts: VI DOCKET 69, 93, VII DOCKET 89, Jy. 2, 1962: Reargued on remand to Mich. Sup. Ct. Decision awaited.
503.3a. Calkins v. Hare. (Mich.) (ED Mich., S. Div., #22720.) June 28, 1962: Suit filed for reapportionment of congressional districts before Aug. 7, 1962 primaries. July 11, 1962: 3-judge fedl. ct. denied temporary injunction; hearing on permanent injunction pending.

Donald A. Calkins, Ellsworth K. Hanlon, Esq., Dearborn.

503.6. W.M.C.A. v. Simon, NY Secy. of State. (U.S.S.C.) (202 F. Supp. 741.) Facts: VI DOCKET 121, VII DOCKET 20, 53. June 11, 1962: U.S.S.C., per curiam, vacated and remanded for further consideration in light of Baker, 503.1; VII DOCKET 89, 369 U.S. 186. Harlan, J., diss.
503.11. Maryland Comm. for Fair Representation v. Tawes, Gov. (formerly listed as Pls. v. Defs.) (Maryland.) (Md. Ct. of App.) Facts: VII DOCKET 89. May 24, 1962: Cir. Ct., in hearing on remand, found "invidious discrimination" against voting rights of residents of 3 cities as to Md. House; reserved right to make final determination on whether Senate make-up also must reflect population. Jy. 3, 1962: Md. Ct. of App. granted Pls.' motion for accelerated hearing on appeal.

Alfred L. Scanlan, Esq., 9806 Singleton Dr., Bethesda; Johnson Bowie, Esq., Co. Office Bldg., and Michael P. Smith, Esq., 212 Washington Ave., both of Towson; Francis X. Gallagher, Esq., 430 Equitable Bldg., Baltimore; David MacDonald, Esq., 8485 Fenton St., Silver Spring; John B. Wright, Esq., 12 Church Circle, Annapolis.

503.12. Fortner v. Barnett, Gov. (Miss.) (1st Jud. Dist., Hinds Co., Ch. #59, 965.) Class suit filed in state ct. for reapportionment of seats in House and Senate to require both to be elected from state at large. June 7, 1962: Chancellor found apportionment "inequitable, invidious" and in violation of U.S. Constitution, Art. IV, §4, Fourteenth Amendment; gave legislature another opportunity to act; continued cause until Nov. 24, 1962; requested Gov. to call special session; retained jurisdiction to enter Ct. order reapportioning state.

Upton Sissons, Esq., Pascagoula, Miss.

503.13. Reynolds, Atty. Genl. v. Defs. (Wis.) (WD Wis.) Suit by Democratic Atty. Genl. for reapportionment of Congressional and legislative districts on basis of 1960 census. June 1962: 3-judge fedl. ct. ordered Legislature to pass reapportionment bill by Jy. 3, 1962, or ct. would act, citing Baker, 503.1. Legislature met in special session, failed to pass acceptable bill. Jy. 3, 1962: Ct. appointed master to prepare plan for reapportionment.
503.14. Brown v. State Election Bd. of Oklahoma. (Okla. Sup. Ct., #39, 930.) Original action in Okla. Sup. Ct. by announced candidate for Okla. House of Reps. seeking mandamus to prevent Defs'. interference with 1962 elections. One issue: whether election can properly be held under 1961 apportionment law which does not follow Okla. constitutional provision. Feb. 13, 1962: Okla. Sup. Ct. granted writ of mandamus as to 1962 elections, held itself without power as to reapportionment question.

Jack P. Trezise, Wendell Wightman and Patrick Brown, Esqs.

503.14a. Moss v. Burkhart. (WD Okla.) Suit by unsuccessful candidate for Democratic gubernatorial nomination testing legislative apportionment statutes. June 19, 1962: 3-judge fedl. ct. held state laws null and void as discriminatory against urban residents, granted interlocutory decree, suggested either Ct. could spell out new apportionment formula or state senators and representatives could be elected at large until legislature complies with Constitution. Ct. delayed action until Sept. 10, 1962, if Gov. calls special session by Jy. 31.
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510. Jury Selection (see also 311)
511. Involving Federal Employees
512. Involving Racial Discrimination

512.27. Rev. Anderson v. Alabama. (U.S.S.C.) Facts: VI DOCKET 35. May 1, 1961: U.S.S.C., per curiam, reversed, citing Pierre v. La., 306 U.S. 354; Cassell v. Texas, 339 U.S. 282; Hernandez v. Texas, 347 U.S. 475. Cite: 366 U.S. 208.

Jack Greenberg, Esq., NAACP Legal Def. & Educ. Fund, 10 Columbus Circle, NYC, Peter A. Hall, Fred D. Gray, and Orzell Billingsley, Esqs.

512.28. New York v. Agron. (N.Y. Ct. of App.) (176 N.E. 2d 556.) Facts: VII DOCKET 20, 53. N.Y. Ct. of App. found no proof of systematic exclusion of Negroes from jury.
512.29. U.S. ex rel. Seals v. Wiman. (CA 5, #19391.) Facts: VII DOCKET 53. May 30, 1962: CA 5 reversed conviction, voided indictment on grounds of systematic exclusion of Negroes from juries and grand juries, holding: (1) token inclusion of Negroes stands upon same footing as total exclusion; (2) objective facts showing token inclusion of Negroes cannot be overcome by mere generalized statements of jury commissioners that they have not discriminated. CA sustained applicability to habeas corpus proceedings of pretrial discovery procedures under Fed'l Rules of Civil Procedure; rejected contentions that: (1) prejudicial atmosphere in newspapers deprived Def. of fair trial; (2) verdict in trial ct. based on illegally obtained evidence; declined to pass on whether trial in segregated Ala. cthouse violated U.S. Constitution because question not previously presented to trial ct. CA reiterated, extended holding in U.S. v. Harpole, 512.9, III DOCKET 59, 263 F. 2d 71, that Negro Defs. are not considered to have waived constitutional rights where racial issues were not raised by white lawyers.
512.30. Davis v. Balkcom. (U.S.S.C., #864 Misc.) (217 Ga. 205, 121 S.E. 2d 505.) Def.-Negro charged with capital offense. At trial, denied right to be witness in own defense under statute later declared unconstitutional by U.S.S.C., (Ferguson, 490.17, VI DOCKET 92, 365 U.S. 670), denied opportunity to testify that confession was coerced during 2-mth. illegal detention; convicted; death sentence. Ga. Sup. Ct. affirmed. Mar. 5, 1962: U.S.S.C. denied certiorari; Warren, C.J. (Douglas, J.) filed memo setting forth above, and Def's. contention Negroes systematically excluded from jury lists, explained what denial of cert. does not mean.
512.31. Connecticut v. David. (App. Div., Cir. Ct.) Def. charged with minor criminal offense; convicted. Appeal raises question of system of selection of jury, under-representation of Negroes on jury panel. Pending.

Peter Marcuse, Esq., 111 W. Main St., Waterbury.

512.32. Giles v. Maryland. (Md. Ct. of App., #312.) 2 young Negro Defs. charged with rape of white girl. During trial, ct. refused to allow voir dire question regarding racial prejudice; convicted; death sentences. Jy. 18, 1962: Md. Ct. of App. affirmed convictions and Md. system of allowing jury to decide questions of law as well as fact. Appeal to U.S.S.C. pending.

Hal Witt, Esq., 1746 Columbia Rd., NW, Washington, D.C.

Amicus appearance by Lawrence Speiser, Esq., A.C.L.U., 1101 Vermont Ave. NW, Washington, D.C.

512.33. North Carolina v. Covington. (N.C. Sup. Ct.) Mar., 1962: Def.-Negro youth (active in Monroe integration movement) arrested, held incommunicado 20 days, shot by guards "while trying to escape". May 7, 1962: indicted for breaking and entering, larceny, resisting arrest, attempt to break jail, assault on jailer. May 7, 1962: trial ct. denied defense motion for continuance to prepare, denied motion for hearing to establish facts of exclusion of Negroes from grand jury, citing N.C. v. Perry, 248 N.C. 334, 103 S.E. 2d 404 (1958). Convicted. Appeal pending.

Hal Witt and Richard J. Scupi, Esqs., 600 F St. NW, Washington, D.C. for National Lawyers Guild Comm. to Assist Southern Lawyers; Samuel S. Mitchell, Esq., 507 E. Martin St., Raleigh, N.C.

512.34. Louisiana v. Rogers. (La. Sup. Ct.) (132 So. 2d 819.) 1961: Def.-Negro convicted of murder; appealed on ground, inter alia, of systematic exclusion of Negroes from jury panels. La. Sup. Ct. affirmed, held Negroes had been on jury panels, no systematic exclusion of Negroes shown by Jury Commrs.' considering ability of prospective jurors to read and write.
512.35. Cruz v. Colorado. (Colo. Sup. Ct.) (368 P. 2d 774, 7 RRLR 241.) 4 Defs. of Spanish-American ancestry charged with robbery. During voir dire examination, in answer to defense counsel question, juror said she could not evaluate testimony of Spanish-Am. witness without prejudice; challenged for cause; sustained. Defs., in absence of jury, moved for mistrial; denied. Feb. 5, 1962: Colo. Sup. Ct. affirmed conviction, found no error in denial of mistrial.
512.36. New Jersey v. Levitt. (N.J. Sup. Ct.) (176 A. 2d 465.) Def.-Jewish Dr. charged with committing private act of lewdness. During trial, many Jewish witnesses testified to Def's. good reputation. Jury convicted. Next day, juror told trial ct. that Def's. religion was introduced into jurors' deliberations by one juror, derogatory comments made about Jewish witnesses for Def. After hearing, trial ct. granted Def's. motion for mistrial. Dec. 18, 1961: N.J. Supr. Ct. affirmed.
512.37. Scott v. Texas. (Tex. Ct. of Crim. App.) (353 S.W. 2d 726.) Def.-Negro charged with murder; convicted; 5 yrs. Def's. amended motion for new trial alleged that when jury stood 9-3 for conviction, one of majority told minority Def. was "bad Negro" according to people unconnected with trial; minority agreed to convict and set 5 yrs. No testimony in trial that Def. was pretty tough, mean, etc. Trial ct. denied motion for new trial. Jan. 3, 1962: Tex. Ct. of Crim. App. reversed, remanded for new trial.
513. Involving Economic Discrimination
514. Involving Political Discrimination
515. Involving Discrimination Against Women
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520. Education
521. Challenges to Unequal Facilities

521.1. Holland v. Bd. of Public Instruction. (Palm Beach, Fla.) (SD Fla., #7161.) Facts: VI DOCKET 35, 94, 122. May 25, 1962: DC ordered Def.-Bd. to integrate: all high school students to be admitted to schools nearest their homes in Sept., 1962, without regard to race or scholastic achievement; no ruling re jr. highs or elementary schools at this time.
521.2. Johnson v. Marion Co. Bd. of Educ. (S.C.) (CA 4, #8499.) Facts: VI DOCKET 35, VII DOCKET 20, 53. Mar. 27, 1962: CA 4 affirmed DC's order of dismissal.
522. Suits to Enforce Integration

522.Ala2a. Armstrong v. Birmingham Bd. of Educ. (ND Ala.) June 17, 1960: Pl.-Negro parent filed class action for desegregation of public schools, including desegregation of teaching, administrative staffs. Jy. 27, 1962: DC denied Pl's. motion for summary judgment to direct Def. to take immediate steps to desegregate; set hearing for Oct. 3, 1962.

Ernest D. Johnson, Esq.

522.Ala2b. Nelson v. Birmingham Bd. of Educ. (ND Ala.) June 13, 1962: Pl.-Negro filed suit to desegregate public schools. DC decided not to set hearing here until after hearing in Armstrong, 522.Ala2a. Pl. filed petition for mandamus for immediate hearing; DC rejected it. June 30: CA 5 ordered DC Judge Grooms to answer petition. Jy. 10: Judge Grooms wrote CA 5 it would be wasteful to hear Nelson before Armstrong; he would not have time to hear case ahead of other cases unless ordered to do so during Aug. vacation.
522.Ark3f. Safferstone v. Tucker. (Little Rock.) (Ark. Sup. Ct.) Pl.-property owners sued to prevent Def.-Bd. of Educ. from converting all-white elementary school to all-Negro school, transferring white children to adjacent all-white schools. May 14, 1962: Ark. Sup. Ct. held for Def.: Def. did not abuse discretion in acting due to changed circumstances.
522.Cal1. Jackson v. Bd. of Educ. (Pasadena.) (Dist. Ct. of App., 2d App. Dist., #26180.) Facts: VII DOCKET 90.*

Amicus appearance by Robert E. Burke and Curtis J. Berger, Esqs., 1066 Pagoda Place, Los Angeles.

522.Fla3. Mannings v. Bd. of Pub. Inst., Hillsborough Co. (Tampa.) (SD Fla., #3554.)*
522.Fla8. Bornas v. Bd. of Pub. Inst., Broward Co. (Ft. Lauderdale.) (Broward Co. Cir. Ct.) Error in Facts: VII DOCKET 21. Correction: Pls. enrolled children in home instruction dept. of out-of-state private school; Def.-Bd. said parents could be made criminally responsible for not sending children to public schools, children could be declared truants. After suit filed, Bd. withdrew efforts to force children to attend public schools. No desegregation issue involved.
522.Fla9. Weaver v. Bd. of Pub. Inst., Brevard Co. (Cape Canaveral.) (SD Fla., Orlando Div.) Facts: VII DOCKET 21. DC denied Def's. motion to dismiss.
522.Fla11. Pls. v. Bd. of Pub. Inst., Orange Co. (Orlando.) (DC Fla.)
522.Fla12. Steele v. Bd. of Pub. Inst., Leon Co. (Tallahassee.) (ND Fla., #854.) Facts: VII DOCKET 90. Pending on Def's. motions to strike and dismiss.

Charles F. Wilson, Esq., 507 W. Gadsden St., Pensacola.

522.Ga3. Calhoun v. Letson (formerly v. Latimer.) (Atlanta.) (ND Ga., Atlanta Div., #6298.) Facts: VI DOCKET 37, 122, VII DOCKET 21. Error: Apr. 30, 1962: Pls.' action to amend desegregation order made in Calhoun case, not in new case (erroneously listed at 522.Ga3a Pls. v. Letson.) Pending.
522.Ga7. Emory University v. Georgia. (Atlanta.) (Ga. Sup. Ct., #21731.)*
522.Ill2. Burrows v. Bd. of Educ. (Chicago.) (ND Ill., E. Div., #62 C 206.)*
522.Ill3. McNeese v. Bd. of Educ. (Centreville.) (ED Ill.) (199 F. Supp. 403.) Facts: VII DOCKET 90. DC dismissed for failure to exhaust administrative remedy.
522.Kan2. Downs v. Bd. of Educ. (Kansas City.) (DC Kan., #KC-1443.) Facts: VII DOCKET 91.*

Elmer C. Jackson and James P. Davis, Esqs., 1300 N. 5th St.; A. B. Howard, Esq., 519a Minnesota, all of Kansas City.

522Ky10. Walker v. Richmond Bd. of Educ. (ED Ky.) May 17, 1962: Pl.-Negro parents filed class suit for desegregation, alleging gerrymandered school district lines, segregation in elementary schools despite 1955 desegregation of high school. Pls. also seek assignment of teachers and administrative personnel without regard to race.
522.La1. Bush v. Orleans Parish School Bd. (New Orleans.) (ED La., #3630.) (CA 5, #18520.) Facts: VI DOCKET 37-8, 70, 94, 112, VII DOCKET 21, 54, 91. May 14, 1962: Def.- Bd. voted to desegregate all first grades Sept. 1962. May 23, 1962: new DC Judge Ellis rescinded and modified prior DC Judge Wright's desegregation order of Apr. 9, 1962; ordered every Negro and white 1st grader admitted to school nearest his home Sept. 1962; ordered grade-a-year plan Sept. 1963 starting with 2d grade; permitted transfers not on basis of race. Pls.' appeal pending.
522.La2. Hall v. St. Helena Parish School Bd. (ED La., #1068.) (197 F. Supp. 649, 6 RRLR 694.)*
522.La12. Guillory and Elloi v. Tulane Univ. (ED La.) (203 F. Supp. 855.) Facts: VII DOCKET 91. May 7, 1962: DC Judge Ellis granted Def's. motion for new trial, reversed prior DC Judge Wright's decision granting Pl's. motion for summary judgment.

John P. Nelson and Catherine Wright, Esqs., New Orleans.

522.Mich3. Sherrill School Parents Comm. v. Bd. of Educ. (Detroit.) (ED Mich., S. Div., #22092.) Facts: VII DOCKET 54.
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Filing of answer delayed by agreement to enable parties to consider recommendations of Citizens' Comm. on Equal Educational Opportunities.
522.Miss1. Meredith v. Fair. (U. of Miss.) (CA 5.) (202 F. Supp. 224, 298 F. 2d 696.) Facts: VI DOCKET 122, VII DOCKET 22, 54, 91. June 26, 1962: CA 5 reversed DC, ordered Pl. admitted to U.
522.NJ3. Shepard v. Bd. of Educ. (Englewood.) (DC NJ, #106-62.) Facts: VII DOCKET 54, 91. Jy. 9, 1962: DC dismissed without prejudice on motion by N.J. Atty. Genl. and N.J. Bd. of Educ., for failure to exhaust administrative remedies, citing southern school desegregation decisions. May 14, 1962: Def.-Bd. established "demonstration integrated school" — 1st to 4th grades — with voluntary admission.
522.NJ4. Allen v. Bd. of Educ. (Orange.) (DC NJ, #201-62.) Facts: VII DOCKET 91. Jy. 9, 1962: DC dismissed complaint for Pls.' failure to exhaust administrative remedies.

Robert L. Carter, Barbara A. Morris, Esqs., N.A.A.C.P., 20 W. 40th St., NYC.

And see 522.NJ4a.

522.NY6. Branche v. Bd. of Educ. (Hempstead.) (ED NY, #62 C 176.)*
522.NY7. Blacker v. Bd. of Educ. (formerly listed as Pls. v.) (Manhasset, Long Island.) (ED NY, #62 C 285.) Facts: VII DOCKET 91.

Robert L. Carter, Esq., N.A.A.C.P., 20 W. 40th St., NYC.

522.NY8. Bates v. State Univ. of N.Y. (N.Y. State Comm. Against Discrim., #CE-7463-61.) Pl. charged denial of admission to Milne School on basis of race. Comm. found preferential admission given to relatives of former students had effect of "grandfather" clause, held policy in violation of NY anti-discrimination law, Pl. granted admission, so no specific relief granted. Def. announced complete revision of admission policy.
522.NY9. Aikens v. Bd. of Educ. (Rochester.) (WD NY.) May 28, 1962: White and Negro parents filed class suit for desegregation of public schools, alleging Bd. maintained de facto segregation, inferior educational facilities in "Negro" schools.

Jawn Sandifer, Esq., 101 W. 125 St., NYC.

522.NY10. Bailey v. Bd. of Educ., School Dist. #1. (Westbury.) May, 1962: Pls. filed class suit for desegregation, alleging Def. changed zone lines in elementary schools, leaving virtually all-Negro school, assigned Negro students to distant school. Pending.
522.NC14. Wheeler v. Durham City Bd. of Educ. (CA 4.)
522.NC14a. Spaulding v. Durham City Bd. of Educ. (CA 4.)
522.Okla6. Dowell v. Bd. of Educ. (Oklahoma City.) (WD Okla., #9452.) Facts: VII DOCKET 23, 55. Apr. 3, 1962: 3-judge fedl. ct. heard case. Jy. 10, 1962: 3-judge ct. dissolved itself, held no constitutional issues raised by Def's. manner of designating schools for pupils to attend. Case reassigned to DC.
522.SC2. Brunson v. Bd. of Trs., Clarendon Co. School Dist. No. 1. (Clarendon Co.) (CA 4.) Facts: VI DOCKET 39. May 31, 1962: DC held suit not proper class action, ordered all but 1 Pl. stricken, remaining Pl. to file amended complaint. June 21, 1962: Pls.' appeal filed.
522.SC5. Stanley v. Darlington Co. School Dist. No. 1. (ED S.C.) May 29, 1962: Class suit filed by Negro-Pls. seeking immediate injunction against racial segregation of pupils, teachers and administrative personnel or filing of complete integration plan by Def. Pending.

Matthew Perry, and Lincoln Jenkins, Esqs., 1107½ Washington St., Columbia, S. C.; Ernest A. Finney, Esq., Sumter, S. C.; Jack Greenberg and Constance Baker Motley, Esqs., N.A.A.C.P. Legal Def. & Educ. Fund, 10 Columbus Circle, and James M. Nabrit III, Esq., all of NYC.

522.SC6. Brown v. School Dist. 20. (Charleston.) (ED S.C.) May 28, 1962: Class suit filed by Negro Pls., similar to Stanley, 522.SC5. Pending.

Benjamin Kooke, Esq. and F. Henderson Moore, Esq., P. O. Box 2342, 39 Spring St., both of Charleston; Matthew Perry and Lincoln Jenkins, Esqs., 1107½ Washington St., Columbia, S. C.; Jack Greenberg and Constance Baker Motley, Esqs., N.A.A.C.P. Legal Def. & Educ. Fund, 10 Columbus Circle, NYC.

522.SC7. Gantt v. Clemson College Bd. of Trs. (DC S.C.) Jy. 9, 1962: Pl.-Negro filed class suit seeking admission to Def.-College in Sept. 1962 as transfer student from Ia. State Univ. who received financial aid from S.C. Regional Education Bd., which pd. difference in out-of-state tuition costs. Pending.

Lincoln C. Jenkins and Matthew J. Perry, Esqs., 1107½ Washington St., Columbia; D. J. Sampson and W. T. Smith, Esqs., 125½ Fall St., both of Greenville; Jack Greenberg and Constance Baker Motley, Esqs., N.A.A.C.P. Legal Def. & Educ. Fund, 10 Columbus Circle, NYC.

522.Tenn6. Goss v. Bd. of Educ. (Knoxville.) (U.S.S.C.) (301 F. 2d 164.) Facts: VI DOCKET 39, VII DOCKET 92. Def's. petition for certiorari pending. Def. decided to desegregate 2 grades in Sept. 1962, instead of 1 as planned.
522.Tenn7. Northcross v. Memphis Bd. of Educ. (U.S.S.C.) (302 F. 2d 818.) Facts: VI DOCKET 39-40, 71, VII DOCKET 23, 92. June 25, 1962: U.S.S.C. denied Def's. petition for certiorari.
522.Tenn8. Mapp v. Chattanooga Bd. of Educ. (CA 6.) (203 F. Supp. 843, 295 F. 2d 617.) Facts: VI DOCKET 40, 71, 95, 123, VII DOCKET 23, 55, 92. June 14, 1962: DC denied Def's. motion for stay pending appeal. June 25, 1962: Bd. asked CA for stay pending appeal.
522.Tenn9. Maxwell v. Davidson Co. Bd. of Educ. (near Nashville.) (MD Tenn., #2956.) (U.S.S.C.) (301 F. 2d 828.) Facts: VI DOCKET 40, 71, (VII DOCKET 92. Pls.' petition for certiorari pending.
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522.Tenn11. Vick, Carson and Morris v. Obion Co. Bd. of Educ. (Jackson.) (DC Tenn., #1259.) Facts: VII DOCKET 23, 55. DC approved plan submitted by Def. involving complete desegregation of public schools in Sept. 1962 under "freedom of choice" plan giving students option of attending formerly all-white or all-Negro schools in their neighborhood.
522.Tex7. Ross v. Rogers. (Houston.) (DC Tex., Houston, #10144.) Facts: IV DOCKET 32, V DOCKET 63, 94, VII DOCKET 23, 55, 92. Feb. 2, 1962: DC final order.
522.Tex10. Flax v. Potts. (Fort Worth.) (CA 5, #19,639.)*
522.Tex16. Sanders v. Ransom. (U. of Tex.) (WD Tex., Austin Div., #1231.) Facts: VII DOCKET 55.*

Sam Houston Clinton, Jr., Esq., 204 May Bldg., 308 W. 11th St., Austin.

522.Va1. Allen v. Co. School Bd. (Prince Edward Co.) (CA 4.) (249 F. 2d 462, 266 F. 2d 507.) Facts: VI DOCKET 40, 71, 123, VII DOCKET 23, 55, 92. Jy. 26, 1962: DC held public schools in this Co. can't be closed to avoid desegregation while other schools in state remain open; ordered Def. to present desegregation plan to Ct. by Sept. 7, 1962.
522.Va1a. Griffin v. Bd. of Supervisors. (Prince Edward Co.) (Va. Sup. Ct. of App.) Facts: VII DOCKET 24, 92. Cite: 126 S.E. 2d 22.
522.Va5. Dillard v. School Bd. (formerly Allen v.) (Charlottesville.) (CA 4, #8638.) (239 F. 2d 439, 240 F. 2d 59, 262 F. 2d 295.) Appeal argued, reargued.
522.Va6. Thompson v. School Bd. (Arlington.) (ED Va., #1341.) Facts: VI DOCKET 41, VII DOCKET 24, 56, 92. Mar. 1, 1962: DC dismissed suit.
522.Va.21. Green and Marsh v. Bd. of Educ. (formerly and Iseley v.) (Roanoke City and Co.) (CA 4, ##8534, 8535.) Facts: VI DOCKET 72, 123, VII DOCKET 24, 56. June 12, 1962: CA 4 reversed, ordered Def. to proceed with desegregation "on an acceptable schedule", found Def's. pupil assignment plan "racially discriminatory" in requiring Negro pupils to meet residential and academic criteria not required of white pupils.
522.Va24. Jackson v. School Bd. (Lynchburg.) (CA 4.)*
522.Va27. Williams v. Winchester School Bd. (WD Va., Harrisonburg Div., #629.) Facts: VII DOCKET 93. June 7, 1962: DC found Def. failed and refused to eliminate racial segregation, ordered 2 Negro Pls. admitted to all-white Handley High in Sept. 1962, forbade Def. to grant or deny transfers on racial basis, ordered Def. to prepare desegregation plan.
253. Suits to Prevent Integration (see also 204, 213, 223)

523.Ga4. Aikens v. Atlanta School Bd. (Ga. Sup. Ct.) When Atlanta public schools desegregated, Pl.-white parent transferred child to segregated private school. Def. refused to give money to Pl. under Ga. tuition grant act for failure to follow statutory procedure. Fulton Super Ct. ordered payment. Ga. Sup. Ct. reversed in first test of act because Pl. hadn't exhausted administrative remedies.
524. Miscellaneous Suits to End Segregation (see also 555)
525. Miscellaneous
530. Housing — Racial Discrimination
531. In Publicly-Assisted Housing — Urban Renewal (Title I)
532. In Publicly-Assisted Housing — FHA and VA

532.18. O'Meara v. Washington and Jones. (Seattle.) (U.S.S.C.) Facts: VI DOCKET 42, VII DOCKET 25, 57, 93. Cite for cert. denied: 369 U.S. 839.
532.23. Pearson v. Frumenti. (Calif.) (Contra Costa Co. Super. Ct., #R 7073.) Facts: VI DOCKET 42. Case settled out of ct., dismissed.
532.25. Holmes v. Bank of America (formerly v. Macco Construction Co.) (San Diego.) (Dist. Ct. of App., Fourth App. Dist.)*
532.27. Jones v. Haridor Realty Corp. (formerly listed as v. Asbury Gables.) (Neptune.) (N. J. Sup. Ct.) (6 RRLR 1224—admr. decision; 181 A. 2d 481.) Facts: VII DOCKET 25. May 21, 1962: N. J. Sup. Ct. held constitutional N. J. law prohibiting discrimination in publicly-assisting housing, citing Corsi, 65 S. Ct. 1483.
532.28. Paul v. Lookofsky. (Mayfield.) (Ky. Ct. of App.) (353 S.W. 2d 549.) Pl.-white residents sued for injunction against City Housing Comm. developing, with fedl. aid, segregated Negro housing project next to Pls.' homes. Cir. Ct. dismissed. Feb. 2, 1962: Ky. Ct. of App. affirmed: unwise to enjoin something only in planning stage, citing Barnes, 531.8, V DOCKET 41, 268 F. 2d 593; Cohen, 531.1, IV DOCKET 62, 257 F. 2d 73.
533. In Private Housing

533.30. Swann v. Burkett. (Berkeley.) (Dist. Ct. of App., 1st App. Dist., #20 464.) Facts: VI DOCKET 43, 73, 124. App. Dept., Super. Ct. reversed Muni. Ct. dismissal of suit. Defs.' appeal pending.
533.31. McKibbon v. Michigan Corp. Sec. Comm. (Mich. Sup. Ct.) Facts: VI DOCKET 73, VII DOCKET 57. June 12, 1962: Cir. Ct. held for Pl., that Corporation and Securities Comm. had exceeded its authority in promulgating anti-discrimination rule. Appeal to Mich. Sup. Ct. Pending.

Amicus brief by A.C.L.U., Am. Jewish Congress, N.A.A.C.P.

533.32. Smith v. Curt Craft. (Portland.) (Multnomah Co. Cir Ct., #265957, #266890.)*
533.33. Massachusetts Comm. Against Discrimination v. Colangelo. (Waltham.) (Mass. Sup. Judicial Ct.) Facts: VI DOCKET 73, 96. May 16, 1962: Mass. Sup. Jud. Ct. upheld constitutionality of Mass. Fair Housing Practices Law as to multiple dwellings, held it does not exceed limits of police power by depriving apt. house owner and apt. house rental agent of property rights.
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533.42. District of Columbia v. McLean Gardens. (D.C. Muni. Ct.) Facts: VII DOCKET 26. Nov. 8-16, 1961: jury trial; jury acquitted Def. Case closed.
533.52b. Redd v. Rye Colony, Apt. Supt. Zier, State Comm. for Human Rights. (White Plains Sup. Ct.) Facts: VII DOCKET 94. Sup. Ct. Judge denied Pl's. motion for injunction. Pending.
533.53. Duff v. McCoy. (Carmichael.) (Sacramento Co. Super. Ct., #124694.) June 10, 1960: Pl.-Negroes filed suit for specific performance of contract of sale and purchase of real estate in previously all-white community and for damages for malicious interference with contractual relations. Case submitted pending briefs.

Douglas Greer, Esq., 1715 Eighth St., Sacramento.

534. Omnibus Suits to End Housing Segregation

534.1. Cotillion Club, Inc. v. Detroit Real Estate Bd. (ED Mich., S. Div., #22058.) Facts: VII DOCKET 57-8. Amended complaint filed alleging cause of action under Fedl. Civil Rights Act as well as Fedl. Anti-Trust Act.
535. Miscellaneous Housing Suits

535.1. Abstract Investment Co. v. Hutchinson. (Dist. Ct. of App., Calif.) (22 Cal. Rptr. 309.) In unlawful detainer action against Def.-Negro, he sought to raise defense that eviction sought solely due to his race. May 29, 1962: Dist. Ct. of App. held Def. could raise defense and offer proof of it.
540. Transportation — Racial Discrimination
541. In Interstate Facilities
And see cases at 51, 54, 55, 58.
541.4. Henry v. Greenville Airport Comm'n. (Greenville, S.C.) (DC S.C., #2491.) Facts: VI DOCKET 43, 73. June 25, 1962: DC found that all racial restrictions have been removed at Def's. Airport, including signs, ordered action dismissed, with costs to Defs.
541.11. Turner v. City of Memphis. (WD Tenn., #3934.) (369 U.S. 350.) Facts: VI DOCKET 44, 73. Corrected statement: Mar. 26, 1962: On appeal from order of 3-judge fedl. ct. holding suit in abeyance pending state ct. determination on state statutes involved, U.S.S.C. held, per curiam, that its decisions have foreclosed any possible contention that state statutes or regulations upholding segregation in publicly-operated facilities might be constitutional, no issues remain on merits; vacated abstention order; remanded with directions to enter decree for Pls.
541.16. Rev. Shuttlesworth v. City of Birmingham. (ND Ala., #9505.)*
541.22. Mississippi v. Farmer, "Freedom Riders". (Jackson.) (Cir. Ct., 1st Jud. Dist., Hinds Co.) Facts: VI DOCKET 125, VII DOCKET 27, 58, 95. Appeals pending.
541.23. Bailey v. Atty. Genl. Patterson. (Jackson, Miss.) (CA 5.) (295 F. 2d 452 for 3-judge ct. decision.) Facts: VI DOCKET 125, VII DOCKET 27, 58. On remand, DC held state statutes requiring segregation in public transportation facilities unconstitutional, permitted racial signs at bus and train terminals to remain on voluntary basis, ordered signs removed at airport and airport to desegregate.
541.25. Montgomery v. Gach. (formerly listed as Alabama v.) (Montgomery.) (Montgomery Co. Cir. Ct., ##9165-9167.) Facts: VI DOCKET 125. July 11, 1961: On appeal, jury trials de novo in Cir. Ct. Convicted of disorderly conduct; $25., $50. fines and costs; Defs. pd.
541.25b. Lewis v. Southeastern Greyhound Lines, Inc. (MD Ala., #1724-N.) (199 F. Supp. 210, 6 RRLR 1153.) Facts: VII DOCKET 27. Nov. 1961: DC granted injunction against state and local officials enforcing state ct. injunction and use of fire regulations and breach of peace statutes for purpose of enforcing racial segregation.
541.32. Lamb v. Hillsborough Co. Aviation Auth. (SD Fla., #4040.) Facts: VII DOCKET 28. Feb. 15, 1961: DC dismissed suit.
541.33. Brooks v. City of Tallahassee. (ND Fla., #825.) Facts: VII DOCKET 28, 59. Case concluded with Oct. 17, 1961 ct. order.
541.35. U.S. v. City of Montgomery, Bd. of Commrs., Ranch Enterprises, Inc. (CA 5.) (201 F. Supp. 590, 7 RRLR 195.)*

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.

541.37a and 541.38. U.S. v. Lassiter (formerly listed as v. Dist. Atty. Pharis, Judge Hunter, Kan. City S. Ry. Co., La. and Ark. Ry. Co., Continental Southern (bus) Lines, and v. Ouachita Parish Officials.) (Alexandria, Monroe, Ruston, La.) (WD La., Monroe and Alexandria Divs., ##8567, 8612, 8593.) (203 F. Supp. 20, 7 RRLR 233.) Facts: VII DOCKET 59. Jan. 25, 1962: 3-judge fedl. ct. ruled in 3 cases jointly: (1) DC has jurisdiction to remove unconstitutional burdens on interstate commerce, such as maintenance of segregated facilities in rail and bus stations, which also violates ICC regulation (541.36); (2) La. statutes requiring segregated facilities are void; (3) abstention doctrine does not prevent DC granting relief: enjoining state dist. attys. from enforcing La. segregation statutes, and Cos. from maintaining segregated signs and facilities.
541.40. U.S. v. Fraiser. (formerly v. Local Officials.) (Greenwood, Miss.) (ND Miss,. Greenville Div., #G-C-27-61.) Facts: VII DOCKET 59. Dec. 1961: DC granted injunction against Defs. enforcing state ct. order, pending decision in Pharis, 541.37.
541.41a. U.S. v. Mayor and Selectmen of McComb City (formerly v. Douglas, Police Chief Guy, City of McComb.) (SD Miss., #3215.) (6 RRLR 1169.)*
541.41b. Douglas v. C.O.R.E. (McComb.) (SD Miss., #3233.)*
541.45a. Georgia v. U.S. (formerly listed as Ga. State Officials v. Interstate Commerce Comm. Officials.) (CA 5.) (6 RRLR
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1159.) Facts: VII DOCKET 60. Dec. 1961: 3-judge ct. denied injuction, held I.C.C. regulates interstate commerce, its effect on intrastate commerce only incidental.
541.47. Taylor v. Louisiana. (Shreveport.) (U.S.S.C., #773.) Facts: VII DOCKET 96. June 4, 1962: U.S.S.C., per curiam: ". . . the only evidence to support the charge [of breach-of-the-peace, LSA-Rev. Stat. 1950, §14:103.1] was that petitioners were violating a custom that segregated people in waiting rooms according to their race, a practice not allowed in interstate transportation facilities by reason of fedl. law. . . ."; judgments reversed, citing Buchanan v. Warley, (1917), 245 U.S. 60: "That there exists a serious and difficult problem arising from a feeling of race hostility which the law is powerless to control, and to which it must give a measure of consideration, may be freely admitted. But its solution cannot be promoted by depriving citizens of their constitutional rights and privileges."
541.49. Louisiana ex rel. Pitcher v. Greyhound Corp. and Continenetal Southern Lines, Inc. (Baton Rouge.) (19th Jud. Dist. Ct., E. Baton Rouge, ##84856, 84857.) (7 RRLR 223.) Nov. 2, 1962: Parish Dist. Ct. granted Pet.-State's petition for temporary restraining order against Def.-Cos.' violating state laws requiring segregated facilities and signs in waiting rooms (L.S.A. 45:1301, 1302, 1303). Restraining order continued periodically up to Mar. 19, 1962.

And see 541.49a.

541.49a. U.S. v. Pitcher. (Baton Rouge.) (ED La., B.R. Div., #2516.) (7 RRLR 223.) Aug. 11 to Nov. 2, 1961: no signs in or about Greyhound or Continental bus stations requiring segregated use of facilities. Nov. 2, 1962: Def.-Dist. Atty. obtained temporary restraining order (see 541.49); Defs. put up racial signs. Mar. 19, 1962: Fedl. 3-judge ct. held it had jurisdiction to hear U.S. petition, under 42 U.S.C. 1336, 1343, 1345, 49 U.S.C. 42, 43; proper case for 3-judge ct.; Atty Genl. has standing to sue to remove unconstitutional burden on interstate commerce; in maintaining separate facilities, Def.-Cos. violating 49 Code of Fedl. Regs., §180a (para. 4) and 49 U.S.C. 316(d); L.S.A. 45:1301, 1302 and 1303 unconstitutional; injunction issued as prayed.
542. In Intrastate Facilities (and see 51, 54, 55, 58)

542.12a. Rev. Shuttlesworth v. City of Birmingham, Phifer v. Birmingham, In re Shuttlesworth. (ND Ala.) (138 So. 2d 710, 712, 713.)*
542.13. Brown v. Gray. (Lake Charles, La.) (WD La., #7360-LC.) Facts: VI DOCKET 44, VII DOCKET 60. Case dismissed for mootness.
542.14. Jemison v. Christian. (Baton Rouge, La.) (ED La., #1841.) Facts: VI DOCKET 44. After trial, judgment for Pl.
542.15. Boman v. Birmingham Transit Co. (ND Ala., #9255.) Facts: VI DOCKET 44. Nov. 8, 1961: On remand, DC enjoined Defs. from further maintenance or display of discriminatory signs.
542.19. Taylor v. City of Augusta, Augusta Coach Co., Ga. Pub. Service Comm., Mayor, Chief of Police, Civil Service Comm. (CA 5.) (7 RRLR 227.)*

[Description of recent legal developments in Albany, Ga. in next issue.]

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

551.Cal10. Burt v. Bonita Golf Club. (San Diego.) (San Diego Co. Super. Ct., #265 312.) June 15, 1962: Suit filed by Pl.-Negroes for damages under Calif. Civ. Code §51 for Def's. refusal to permit them to play golf. Jy. 2, 1962: permanent injunction entered by agreement, out-of-ct. settlement re damages.

Thad D. Williams and Robert A. Ward, Esqs., 333 Plaza, Suite 212, San Diego.

551.Fla4b. Hampton v. City of Jacksonville. (SD Fla., Jacksonville Div., #4073-Civ.-J.) (6 RRLR 850.) Facts: IV DOCKET 63, V DOCKET 18, 42. Jy. 7, 1958: Pl.-Negroes filed class action for desegregation of 2 city-owned golf courses. Apr. 1, 1959: DC granted Pls.' motion for summary judgment, issued permanent injunction against Defs. discriminating against Pls. Feb. 9, 1960: Pls. filed petition to modify final decree, to prevent sale, to implead buyers, to enjoin buyers from discriminating. Feb. 19, 1960: Def. sold 2 golf courses to private persons with reverter clause if they diverted to other use. June 22, 1961: DC held: (1) Def.-City had authority to sell, despite permanent injunction; (2) reverter clause did not make golf courses publicly owned or controlled so as to amount to "state action"; (3) Def.-private owners can operate courses as they see fit. May 17, 1962: CA 5 reversed (2-1): Jones, J., conc.: "Since the City believed the golf courses could not be operated without losses on a non-segregated basis, and nothing appears to indicate that the purchasers could operate otherwise, it follows that the reverter clause was intended to insure the operation of the golf courses for the citizens of Jacksonville who are white to the exclusion of those who are colored. This, I think, is the State action." Remanded.
551.Fla5. Bohler v. Lane, Mayor of Tampa. (SD Fla., #3809.) (204F.Supp.168.) Facts: VI DOCKET 45, 74, VII DOCKET 29. Mar. 19, 1962: Facts: VI DOCKET 45, 74, VII DOCKET reational facilities violates equal protection clause; Pls. have unconditional right to use and enjoy public facilities of Def.; voluntary cessation of discriminatory conduct did not make case moot, but injunction denied for this reason; Ct. to retain jurisdiction, Defs. closed parks.
551.Ga4. Wright v. Georgia. (Savannah.) (U.S.S.C., #729.) Facts: VI DOCKET 97, 126, VII DOCKET 96. June 25, 1962: U.S.S.C. granted certiorari.
551.Md1. Griffin, Drews v. Maryland. (Baltimore.) (U.S.S.C., #287.) (225 Md. 422, 171 A. 2d 717.) Facts: VII DOCKET 29. June 25, 1962: U.S.S.C. granted certiorari.
551.Miss4. Pls. v. City of Jackson. (SD Miss., Biloxi.) Class suit by Pl.-Negroes for desegregation of all public recreational
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facilities. May 18, 1962: DC held Pls. have right to unsegregated use of public facilities; not a proper class action; no relief other than to 3 Pls.
551.Pa4. Beverly v. Great Leopard Skating Rink. (Chester.) (Pa. Human Relations Comm.) June 29, 1962: After complaint filed by 6 Negroes, Def.-Rink entered into consent order agreeing not to discriminate in admission on basis of race.
551.Tenn5. Flowers v. Loeb. (Memphis.) (WD Tenn., #3958.) Facts: VI DOCKET 45. July 11, 1962: DC held for Pls., ordered Def.-City not to segregate Memphis Municipal Auditorium or permit segregation of auditorium when being used for any public function.
551.Tenn6. Watson v. Memphis. (CA 6.) Facts: VI DOCKET 45, VII DOCKET 29. June 12, 1962: CA 5 affirmed DC order.
551.Tex2. Willie v. Harris Co., Texas. (SD Tex., Houston Div.) (202 F. Supp. 549, 7 RRLR 199.) Facts: VI DOCKET 45, VII DOCKET 62. Jan. 31, 1962: DC held: (1) proper class action; (2) Defs. failed to prove themselves not responsible for discrimination against Pls.; (3) no requirement that Pls. exhaust administrative remedies through appealing to state cts.; granted Pls. declaratory judgment and injunction against further racial discrimination in Co.-owned beach park.
551.Tex3. Huff and Upton v. City of Victoria. (SD Tex., #447.) Facts: VII DOCKET 30. May 1, 1961: Pls.' suit for desegregation of Rosebud (City) Park dismissed by DC.
551.Va7. Virginia v. James. (Hampton.) (Hampton Cir. Ct.)*
552. In Dining Places (and see 51, 54, 55, 58)

552.Ala4a. City of Montgomery v. King and Embry. (Ala. App. Ct., 3d Div., ##89-90.) Facts: VI DOCKET 46, 74, VII DOCKET 30. Apr. 17, 1962: Ala. App. Ct. reversed convictions, remanded.
552.Ala5. City of Birmingham v. Rev. Shuttlesworth. (U.S.S.C.) (134 So. 2d 213.) Facts: VI DOCKET 46. Def's. conviction affirmed. June 25, 1962: U.S.S.C. granted certiorari.
552.Ala11. Gober v. City of Birmingham. (U.S.S.C., #694.) (133 So. 2d 697, 702, 272 Ala. 704, 6 RRLR 1085.) Negro-Def. sat-in at lunch counter of department store; arrested. Charge: refusing to leave after being warned to do so, City Code §1436 (1944); convicted in Recorder's Ct. At trial de novo, convicted in Co. Cir. Ct. May 30, 1961: Ala. Ct. of App. affirmed, held store could constitutionally limit use of all or any part of premises; Def's. status as licensee under implied invitation to shop destroyed when he refused to leave and he became trespasser; citing Williams, 551.Va3, IV DOCKET 36, 268 F.2d 845; Boynton, 541.8, VII DOCKET 26, 58, 364 U.S. 454 and Marsh, 326 U.S. 501 do not apply. June 25, 1962: U.S.S.C. granted certiorari.
552.Fla4. Florida v. Robinson. (Shell City, Miami.) (Fla. Sup. Ct.)*
552.Fla6. Webb City v. N.A.A.C.P. (St. Petersburg.) (Pinellas Co. Cir. Ct., Ch. #57,341.) Facts: VI DOCKET 127. Cite: 6 RRLR 1095.
552.La2. Lombard v. Louisiana (formerly listed as Louisiana v. Goldfinch.) (U.S.S.C., #638.) (132 So. 2d 860, 6 RRLR 794.) Facts: VI DOCKET 47, 75, 127, VII DOCKET 62-3. June 25, 1962: U.S.S.C. granted certiorari.
552.Md4. Maryland v. Wagner. (Queenstown.) (Centerville Muni. Ct.) Feb. 26, 1962: White family stopped at restaurant; two Negro couples entered, were told they could not be served but could obtain carry-out orders. Def.-white man joined couples to discuss situation; restaurant employee called state police, who ordered them all to leave. Police arrested white-Def. and wife; charge: interfering with arresting officer. Def.-wife released in own custody; Def.-husband: $1,500. bond.
552.NC3. North Carolina v. Avent, Fox, Sampson. (Durham.) (U.S.S.C., ##85, 86.) (253 N.C. 580, 368 U.S. 892.) Facts: VI DOCKET 48, 75, VII DOCKET 30. June 25, 1962: U.S.S.C. granted certiorari.
552.SC3a. City of Columbia v. Barr. (formerly v. Bouie and Barr.) (Columbia.) (S.C. Sup. Ct.) (123 S.E. 2d 521, 7 RRLR 109.) Facts: VI DOCKET 48, 76, VII DOCKET 31. Dec. 14, 1961: S. C. Sup. Ct. affirmed.
552.SC3b. Edwards v. South Carolina. (formerly listed as S.C. v. Carter.) (Columbia.) (U.S.S.C., #819.) (123 S.E. 2d 247.) Facts: VII DOCKET 63, 97. May 14, 1962: U.S.S.C. granted certiorari.
552.SC8. Peterson v. City of Greenville, S.C. (U.S.S.C., #750.) (122 S.E. 2d 826.) Facts: VI DOCKET 48, VII DOCKET 31. Nov. 10, 1961: S.C. Sup. Ct. affirmed convictions, held charge sufficiently definite, statute made no reference to race so Defs'. constitutional rights not violated by conviction thereunder. June 25, 1962: U.S.S.C. granted certiorari.
552.SC10. City of Charleston v. Mitchell. (S.C. Sup. Ct.) (123 S.E. 2d 512, 7 RRLR 125.) Facts: VI DOCKET 76, VII DOCKET 31. Dec. 13, 1961: S.C. Sup. Ct. reversed convictions for interfering with police in discharge of official duties because Defs. were guilty only of inaction in refusing to leave when requested to do so which is not "action" required under Charleston City Code §§33-39; held Defs. "had no constitutional right to exercise their right of free speech as trespassers in the store of Kress & Co. in violation of 1952 Code §16-386"; affirmed convictions for trespass because Defs.' refusal to leave after notice violated statute prohibiting entry after notice, held enforcement in state ct. of private owner's rights against trespassers not "state action" enforcing segregation.
552.Va9. Virginia v. Rev. Harris. (formerly v. Defs.) (Hopewell.) (Va. Sup. Ct. of App.)*
552.Va12. Williams v. Hot Shoppes, Inc. (formerly v. Restaurant.) (U.S.S.C.) (293 F. 2d 835.) Facts: VI DOCKET 127, VII DOCKET 63. June 18, 1962: U.S.S.C. denied certiorari.
553. In Other Facilities

553.Ala1. Alabama v. Defs. (Talladega.) (Muni. Ct.) Apr. 22, 1962: 3 Negro students (Talladega) sought to attend Easter services at white churches; arrested.
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553.Tenn2. Ford v. Tennessee. (Memphis.) (Tenn. Sup. Ct.) (355 S.W. 2d 102, 356 S.W. 2d 726, 7 RRLR 111.) Facts: VI DOCKET 49, VII DOCKET 31. May 4, 1962: Tenn. Sup. Ct. affirmed convictions.
554. In Hospitals
And see 571.18a, 571.38, 571.47.
554.Ga1. Dr. Bell v. Grady Memorial Hospital. (Atlanta.) (ND Ga.) Feb. 22, 1962: 22 members of Comm. on Appeal for Human Rights and Negro dentist arrested in Def.-hospital's "white" waiting room while Negro student sought admission; convicted; $17. or 15 days. June 19, 1962: class suit filed by Negro doctors, minister, members of Comm. against Def.-hospital for injunctive relief to: (1) permit Negro physicians, dentists full staff privileges in entire hospital, (2) end racial segregation of patients, (3) admit students to training facilities without regard to race, (4) provide ambulance service and psychiatric clinic equally to all, (5) end segregation in Fulton Co. Medical Society, Medical Assn. of Ga., North. Dist. Dental Society and Ga. Dental Society which nominate members for appointment to state medical bds. Pls. seek declaratory judgment that separate-but-equal provision of Hill-Burton Act (fedl. act under which fedl. funds granted for construction of local hospitals) is unconstitutional. Pending.
554.NC1. Simkins and U.S. v. Moses H. Cone Memorial Hospital and Wesley Long Community Hospital. (Greensboro.) (MD N.C., Greensboro #C-57-G-62.) Feb. 12, 1962: class suit for integration of hospitals. Facts, issues, similar to Bell, 554.Ga1. June 26, 1962: after hearing, DC granted U.S. motion to intervene, denied Pls'. motion for preliminary injunction. Pls'. motion for summary judgment, Defs'. motion to dismiss pending.

C. O. Pearson, Esq., 203½ E. Chapel Hill St., Durham, N.C. and Michael Meltsner, Esq., N.A.A.C.P. Leg. Def. & Educ. Fund, Inc., 10 Columbus Circle, N.Y.; U.S. Attorney.

And see Eaton, 571.18a, Hawkins, 571.38.

554.SC1. Rackley v. Bd. of Trs., Orangeburg Regional Hospital. (ED S.C., Columbia Div., #AC-887.) Mar. 24, 1962: class suit filed by Negro minor by next friend for desegregation of public hospital. Facts, issues similar to Bell, 554.Ga1. Jy. 13, 1962: DC denied preliminary injunction, granted Def's. motion to strike. Pending.

Jenkins and Perry, Esqs., 1107½ Washington St., Columbia, S.C.

554.Va1. Wood v. Hogan, Admr., Lynchburg General Hospital. (WD Va., Charlottesville, #535-A.) Class suit filed by Pls. for desegragation of all public facilities (Wood v. Vaughan, 555.Va1, VII DOCKET 98). Mar. 8, 1962: DC severed Def.-Hogan, case given new name and number. Trial date: Sept. 24, 1962.

Jordan, Dawley and Holt, Esqs., 721 E. Brambleton Ave., Norfolk; Henry Halvor Jones and Simon L. Cain, Esqs., 815 Fifth St. NW, Washington, D.C.

555. In Government Facilities: Omnibus Suits

555.Ala1. Cobb v. Montgomery Library Bd. and Bd. of Trs., Montgomery Museum of Fine Arts. (MD Ala., N.Div.) Omnibus suit filed for desegregation of library and museum facilities. Jurisdiction based on Thirteenth and Fourteenth Amendments to U.S. Constitution, 28 U.S.C. §§1331(a), 1343(3), (4), 42 U.S.C. §§1981, 1983, 1985(3), 1988 and Fedl. Rule 23(a) of Civ. Proc. Pending.

Charles S. Conley, Esq., 530 S. Union St., Montgomery.

555.Ala2. Faulkner v. City of Gadsden. (ND Ala., Birmingham Div.) June 1962: omnibus desegregation suit filed as class action for desegregation of public library, auditorium, airport, armory, city hall, recreation center, swimming pools, tennis courts; for injunction against racial discrimination in city employment (fire dept., water works, sanitary dept., police dept.) and local office of Ala. State Employment Service and against use of public funds for any public facility which discriminates in employment on basis of race. Pls'. interrogatories filed. Pending.

J. Richmond Pearson, Esq., 416 N. 15th St., Birmingham; Jordan, Dawley and Hlt, Esqs., 721 E. Brambleton Ave., Norfolk; Simon L. Cain and Henry H. Jones, Esqs., 815 Fifth St. NW, and Richard Scupi, Esq., 1746 Columbia Rd. NW, Washington, D.C.

555.Miss1. Rev. Clark v. Thompson, Mayor. (Jackson.) (SD Miss., Jackson Div., #3235.) Facts: VII DOCKET 98. Pl's. appeal from DC order pending.
555.Va1. Wood v. Vaughan, Mayor. (Lynchburg.) (WD Va., Charlottesville Div., #535.) (CA 4.) Facts: VII DOCKET 98. DC dismissed as Defs. judges of 3 Lynchburg cts.; Pls'. appeal pending. Def.-hospital admr. severed (se 554.Va1). Remaining suit taken under advisement. On Pls'. standing to attack racial discrimination in city employment, Pls. argue: "The harm . . . is much broader than [to Negro applicants for city jobs]. To make the City gov't. a gov't. of white officials down through all of its employees except for those few Negroes assigned to work exclusively with Negro citizens of the City is to give official recognition of the separateness of the races. [This] harm[s] the named Pls. and all other Negroes in the City", citing Brown.

Jordan, Dawley and Holt, Esqs., 721 E. Brambleton, Norfolk; Simon L. Cain, Esq., 815 Fifth St. NW, Washington, D.C.; Harry Lore, Esq., 15th & Walnut St., Jerome Kurtz and Gilbert M. Cantor, Esqs., 1200 Packard Bldg., all of Philadelphia, for Natl. Lawyers Guild Comm. to Assist Southern Lawyers.

560. Family Matters—Racial, Religious Problems
561. In Marriage and Divorce

561.1. Oyama and Jordan v. Pima Co. Clerk. (Ariz. Sup. Ct.) Facts: VI DOCKET 49. Appeal dismissed as moot on motion of State Atty. Genl. after repeal of anti-miscegenation statute by legislature.
561.2. Carr and Catto v. St. John's Univ. (N.Y. Ct. of App.) Facts: VII DOCKET 98. N.Y. Sup. Ct., Spec. Term ordered Pls. reinstated. Jy. 3, 1962: App. Div. reversed (3-2). Pls'. appeal pending.
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562. In Adoption Proceedings
563. In Custody Proceedings
564. In Miscellaneous Proceedings
570. Employment
571. Involving Racial Discrimination
See cases at 55.4, 55.4a, 55.4b, 55.8.
571.18a. Eaton v. Grubbs. (ED N.C., #932.)*

See cases at 554.NC1.

571.25. Colorado Anti-Discrimination Comm. v. Continental Air Lines. (U.S.S.C.) (368 P.2d 970, 7 RRLR 174.) Facts: VI DOCKET 49, 77, 99, VII DOCKET 98. Pl's. petition for certiorari pending.

Amicus brief filed by U.S. Justice Dept.

571.29. Re Gleason. (N.Y.C. Sup. Ct.) Facts: IV DOCKET 111, V DOCKET 43. 1960: Public SCAD hearing cancelled when Checkers and Clerks Union and Gleason, Local Pres., Intl. Longshoremen's Assn. signed agreement to cease discrimination. May 1, 1961: On motion of SCAD Ct. ordered Union not to discriminate in processing membership applications. June 5, 1962: State Comm. for Human Rights (successor to SCAD) sought contempt order against Local Pres. for defiance of Ct. order. Pending.

Ann Thacher Anderson, Esq., State Commission for Human Rights, 270 Broadway, NYC.

571.38. Dr. Hawkins v. N.C. Dental Society. (WD N.C., #1505.)*

And see cases at 554.NC1.

571.46. Atchison, Topeka and Santa Fe Ry. Co. v. Calif. F.E.P.C. (L.A. Super. Ct.) Facts: VI DOCKET 64. No appeal; case closed.
571.53. Guy F. Atkinson Co. v. McNeil. (San Francisco Super. Ct.) Facts: VII DOCKET 33, 64. Def.-Co's. petition for writ of mandate against F.E.P.C. pending.
571.58. Owens v. School Dist., #36, Pulaski & Alexander Co. (ED Ill., #1886-D.) Facts: VII DOCKET 33. Trial date: Sept. 1962.
571.62. McPherson v. Connellsville Joint School Bd. (Pa. Human Relations Comm.) Facts: VII DOCKET 99. June 26, 1962: Commission found Def.-Bd. discriminated against Pl. on basis of race, ordered Def. to hire Pl. at salary of at least $4,000. annually as soon as vacancy opens, pay Pl. $2,208. loss of earnings Sept. 1961-June 1962 plus loss from June 1962 until Pl. hired by Def., hire all future applicants without regard to race, direct in writing all Def's. employees to comply fully with Pa. Human Relations Act.
571.64. Bell v. Am. Smelting and Refining Co. and Wash. State Bd. Against Discrimination. (Pierce Co. Super. Ct., Wash., #145981.) 1960: When Pl.-Negro applied for work at Def.-Co., interviewer noted Pl's. race on card and on record of Pl's. physical exam, which he failed. Def. did not hire Pl. Pl. filed complaint with Wash. State Bd. Bd. (2-1) found no discrimination in refusal to hire; dismissed. Diss.: unfair practice to designate race on card or medical report. Feb. 21, 1962: Super. Ct. affirmed finding, reversed dismissal, ordered Def. not to note race on employment or medical records.
571.65. Lesniak v. Fair Employment Practices Comm. (Mich. Sup. Ct.) (111 N.W. 2d 790.) Pl.-Negro not rehired by Co. Commission; alleged racial discrimination; filed complaint with FEPC. Without hearing, FEPC dismissed for lack of evidence: failure to rehire due to history of mental illness. Pl. filed petition for trial de novo before jury; Cir. Ct. denied Def.-FEPC's motion to dismiss, ordered hearing before FEPC or Ct. Nov. 30, 1961: Mich. Sup. Ct., reading ambiguous statutory FEP Act language to save constitutionality, held complainants entitled to opportunity to produce evidence before FEPC and written record of FEPC action, then appeal to Cir. Ct. in nature of certiorari reviewing FEPC action for legal error and arbitrary action.

Joan M. Lesniak, in pro per.

571.66. U.S. v. Bd. of Educ. (Greene Co., Miss.) (SD Miss., Hattiesburg Div., #1729.) Apr. 13, 1962: U.S. filed voter registration suit against George Co. Registrar (501.40); among others, Miss Talbert, Negro teacher hired by Def.-Bd., filed affidavit for U.S. alleging unsuccessful efforts to register to vote; much newspaper publicity about affiants' names. Apr. 25, 1962: at special meeting, Def.-Bd. rejected recommendation of Negro school principal, did not renew Miss Talbert's teaching contract for 1962-63. June 16, 1962: U.S. sued under 42 U.S.C. §1971(b), (c), Civil Rights Act of 1957, to enjoin Def. from continuing to refuse to employ Miss Talbert. Pending.

John Doar, Atty., Dept. of Justice; Robert E. Hauberg, U.S. Atty.

571.67. DeMatas v. Building Service Employees Intl. Union, Local 32-B. (N.Y. SCAD, #C-6148-59.) Jy. 21, 1961: Pl.-Negro charged discrimination by Union and State Employment Service in denying him job as elevator operator. SCAD held, after hearing, no evidence Pl. had been denied specific job; relief refused; found, however, "pattern of discrimination", initiated inquiry.
572. Involving Sex Discrimination
573. Involving Nationality Discrimination
574. Involving Age Discrimination
580. Civil Actions under Civil Rights Law Not Otherwise Covered (see 420)

580.3. Pettus v. Schlet. (ED Mich.) Facts: VI DOCKET 50. Settled for $1,000.; dismissed.
590. Criminal Prosecution under Civil Rights Law
600. Suits Involving Constitutional Rights of American Indians