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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