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CIVIL LIBERTIES DOCKET
Vol. VIII, No. 1
November, 1962
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The DOCKET is published four times each year, October to July.
OSMOND K. FRAENKEL, Chairman of DOCKET Board
ANN FAGAN GINGER, Editor

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

MATERIAL ON U.S. SUPREME COURT

Book:

Paul A. Freund, The Supreme Court of the United States. 225 pp. Meridian Books. $1.35 paper.

Law review articles:

Laurent B. Frantz, The First Amendment in the balance, 71 Yale 1424-50

Justice Black and First Amendment "absolutes": A public interview, 37 N.Y.U. 549-63

Benjamin F. Wright, The Supreme Court cannot be neutral, 40 Texas 599-618

Alan F. Westin, Out-of-court commentary by U.S. Supreme Court justices, 1790-1962: Of free speech and judicial lockjaw, 62 Columbia 633-69

Alfred W. Blumrosen, Significant supreme court decisions affecting labor relations, 1960 term: Herein of political use of union dues and of hiring halls, 16 Sw. L. J. 57-81

Hon. Archibald Cox, Understanding the Supreme Court, 2 Nat. Resources J. 136-52

Comment:

Extrajudicial activities of judges, 47 Iowa 1026-43

GENERAL CONSTITUTIONAL MATERIAL

Law review articles:

Stanley H. Fuld, The voices of dissent, 62 Columbia 932

Charles Fahy, Judicial review of executive action, 50 Georgetown 709-32

Louis H. Pollak, Constitutional adjudication: Relative or absolute neutrality, 11 J. of Pub. L. 48-63

Comment:

Prior restraint — the constitutional question, 42 Boston 357-72

Study:

Civil Liberties Educational Foundation, Study on teaching of Bill of Rights. 138 pp. 200 Park Ave. S., NYC.

GENERAL ADMINISTRATIVE MATERIAL

Law review article:

Bernard Schwartz, Judicial review of administrative action: Mixed questions of law and fact, 50 Georgetown 684-99

Case note:

Legislative delegation of authority to administrative agency, freedom of the press: Application of Schillaci (16 Cal. Rptr. 757, 1961) 35 Temp. L. Q. 334-337

FREEDOM OF SPEECH, PRESS, ASSEMBLY (0-99) See also Association (200-299)
10. Licensing
11. Of Meetings (see also 201)

11.3a. ACLU of S. Calif. v. Los Angeles and San Diego Bds. of Educ. (Calif. Sup. Ct.) (earlier case: 11.3, 359 P. 2d 45, cert. den. 368 U.S. 819.) Pl.-organization sought writ of mandamus requiring Def.-Bd. to grant Pl's. permit for holding meeting in public school without stating, under penalty of perjury, that it will not use school facilities to commit a crime. Pending.

A. L. Wirin and Fred Okrand, Esqs., 257 S. Spring St., Los Angeles, for ACLU of S. Calif.

11.7. State of Florida ex rel. Feldman and Ray, (Emma Lazarus Organization) v. City of Miami Beach. (3d Dist. Ct. of App.) Def.-City refused to make public park facilities available to Pets., without giving reasons. Application for writ of mandate filed. Cir. Ct. quashed alternative writ, denied petition for writ on ground Def.-City officials feared breach of peace because Pets. allegedly connected with "communist front" organization; Ct. would not substitute judgment for that of city officials. Appeal pending.

Tobias Simon, Esq., 706 Ainsley Bldg., 14 N.E. First, Miami, Fla.

Robert Ramer, Esq., for Fla. Civil Liberties Union, 305 N.W. 27th Ave., Miami.

12. Of Motion Pictures (see also 52)

12.19. NY State Educ. Dept. Div. of Motion Pictures v. The Connection Co. (NY Ct. of App.) 1961: Pl. banned movie, "The Connection," under Educ. Law §122 (obscenity law). Jy. 1962: NY Sup. Ct., App. Div. reversed, held 4 letter word vulgar method of referring to heroin, not obscene.
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Oct. 4, 1962: Pl. obtained show cause order against continued showing of film and stay pending appeal. Nov. 2, 1962: NY Ct. of App. affirmed App. Div.; movie shown.

Ephraim London, Esq., 150 Broadway, NYC.

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

14.9. Massachusetts Attorney General v. A Book Named "Tropic of Cancer." (Mass. Sup. Jud. Ct.) Action for adjudication of obscenity of Henry Miller's novel. Trial ct. found book "obscene, indecent, impure." Mass. Sup. Ct. reversed.

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

14.10. Wilson v. Haiman. (Ill. Sup. Ct.) Oct. 1961: 11 Ill. suburban police chiefs ordered book dealers to cease selling Miller's "Tropic of Cancer," seized some copies, threatened arrests for failure to act. Pl.-philosophy prof. and Pl.-housewife sued, charging conspiracy by Defs. against exercise of First Amendment rights. Feb. 21, 1962: Cook Co. Super. Ct. granted Pls'. injunction, stated its conviction of the "inherent constitutional rights and privileges of the reading public of our community"; found: (1) "Tropic of Cancer" not obscene but a serious work of art; (2) police chiefs acted unlawfully in interfering with distribution of book before adjudication. 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. Nov. 1962: oral argument.

Elmer Gertz, Esq., 120 S. LaSalle, Chicago, intervenor for publisher and author.

14.10a. Grove Press, Inc. and Henry Miller v. Morris. (ND Ill., E. Div., #61 C 1784.) Suit by Pl.-publisher and author of "Tropic of Cancer" under 28 U.S.C. 1331, 1343; 42 U.S.C. 1983, 1985, 1986, and Fourteenth Amendment, against Defs., individually as police chiefs, and for conspiring together to prevent persons from purchasing the book and Pls. from selling it. Continued to Jan. 28, 1963 due to 14.10.

Elmer Gertz, Esq., 120 S. LaSalle, Chicago.

14.11. Grove Press, Inc. v. Calissi, Bergen Co. Pros. (DC N.J., #900-61.) Oct. 23, 1961: Pl.-publisher of "Tropic of Cancer" sued, alleging Defs. (prosecutor and police chiefs) conspired to deprive Pl. of First Amendment rights and due process, unreasonably seized Pl's. property; seeks temporary restraining order, under 42 U.S.C. 1983. DC denied injunction. Cross-motions for summary judgment on amended complaint pending before 3-judge ct.

Jerome C. Eisenberg, Esq., 744 Broad St., Newark.

14.12. Zeitlin v. Arneborgh. (Calif. Dist. Ct. of App., #26592.) Pl.-bookseller of "Tropic of Cancer" and Pl.-English instructor, prospective purchaser, sued for declaratory judgment that book is protected by First Amendment and for injunction to prevent Def.-City Atty. from prosecuting under Calif. Pen. C. §§311(a), 311.2, booksellers who offer it for sale. Super. Ct. dismissed; appeal pending.

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

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. (3d Dist. Ct. of App., Fla.) Suit for permanent injunction against distribution of "Tropic of Cancer." Ct., after trial, found "Tropic of Cancer" obscene. Appeal pending.

Tobias Simon, Esq., 706 Ainsley Bldg., 14 N.E. First Ave., Miami.

Law review article:

Robert B. Cairns, James C. N. Paul, and Julius Wishner, Sex censorship: The assumptions of anti-obscenity laws and the empirical evidence, 46 Minn. 1009-41

Comments:

Constitutionality of obscenity laws: U.S. and Ohio, 31 U. Cincinnati 285-96

Obscenity legislation in Tennessee, 29 Tenn. 562-72

15. Of Miscellaneous Activities
20. Administrative Restrictions
21. By U. S. Customs
22. By U. S. Postmaster
23. On Government Information and Secrecy

23.11. N.Y. Post Corp. v. Moses. (N.Y. Ct. of App.) Facts: VII DOCKET 2. Cites: 10 NYS 2d 199, 176 NE 2d 709, 219 NYS 2d 7.

Case note: 30 Fordham 347-51

24. On Students and Professors (see also 223, 262, 281 and 342)

24.12. Washington ex rel. Richard G. Jones v. Bruno, Supt. of Pub. Inst. (Thurston Co. Super Ct., #33202.) Spring 1960: Resp's. government class sent cable to Pres. Eisenhower at Paris summit conference urging him to apologize to USSR re U-2 incident. Resp.-teacher dismissed by Bremerton School Dist. Suit for reinstatement filed. Sept. 4, 1962: Super. Ct. granted Resp. all rights under 1960-61 teaching contract incl. full back pay (less money earned during year). Def's. appeal filed.

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

24.13. Lessin v. Regents, U. of Calif., Chancellor Spieth — Riverside Campus (Calif. Sup. Ct.) Dec. 15, 1961: U.C. issued policy barring campus facilities to any meeting "incompatible with the educational objectives of the Univ." Feb. 26, 1962: Def.-Dean rejected application for debate by Pl's. organization DECLARE with 2 Communist Party speakers. Pls. sued for injunctive relief. May 2, 1962: Super. Ct. sustaineddemurrer without leave to amend, denied writ of mandate. Appeal pending.

David B. Finkel, Esq., 3175 W. 6th, and A. L. Wirin, Esq., 257 S. Spring St., both of Los Angeles, for ACLU.

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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. Def. reinstated Pl., granted him scholarship loan; Pl. agreed not to invite Negro students to cafe pending decision in Guillory, 522. La 12. Case dismissed.

Amicus appearance by Bruce C. Waltzer, Esq., 305 Baronne St., New Orleans, for La. CLU.

24.18. Bd. of Trustees, Lassen Union High School v. Owens. (Calif. Dist. Ct. of App., 3d App. Dist.) Def.-junior college teacher wrote five letters to local newspaper critical of public education in area; dismissed. Jan. 27, 1960: after 3-wk. trial, dismissal on grounds of "unprofessional conduct" upheld. March 22, 1960: State Educ. Dept. Credential Commission held Def. not guilty of unprofessional conduct, did not revoke teaching credential. Jy. 26, 1962: D.C.A. reversed, held Def. had constitutional right to disagree with administration on school policy and to make that disagreement public. Sept. 26, 1962: Calif. Sup. Ct. declined to review. Oct. 15, 1962: Def. resumed teaching for Pl., paid $15,545. in back salary.

Marshall Krause, Esq., ACLU, 503 Market, San Francisco.

24.19. Waring v. Dexter Comm. School Dist. and Bd. of Educ. (Washtenaw Co. Cir. Ct.) May 8, 1961: Pl.-teacher and parent spoke at PTA meeting, criticizing specific policies of Def.-Bd., suggesting PTA encourage candidates to run against incumbent Bd. members; no members of Def. present. Def. immediately cancelled Pl's. 1961-62 contracts, suspended Pl. with pay thru June 1961. Suit for reinstatement filed. Oct. 12, 1962: After 2 days of trial, consent decree entered: "As a member of the PTA . . . he was entitled to participate fully in its affairs. Indeed, his contracts as a teacher required such participation. His speech was fair comment as a parents and a citizen though it might properly be considered indiscrete from the standpoint of his employment"; cash settlement of $4,600. which, with interim income, equalled back salary.

Amicus appearances by Michigan Fed. of Teachers and ACLU of Michigan, 1302 Cadillac Tower, Detroit.

24.20. Koch v. Bd. of Trustees, U. of Ill. (Ill. App. Ct., 1st Dist.) Mar. 18, 1960: While Pl.-biologist under 2-yr. contract to Def. as asst. prof., Pl's. letter published in school newspaper discussing advisability of premarital sexual relations among students under certain circumstances. Apr. 7, 1960: Def.-Pres. filed charge against Pl. of "conduct . . . prejudicial to the best interests of the University." Def. Bd. ordered Pl's. contract terminated Aug. 31, 1960. Issues: whether dismissal violates Pl's. First Amendment rights; academic freedom guaranteed by University Stats., §39a, b; due process. June 27, 1961: Cir. Ct. dismissed. Appeal argued.

Donald Page Moore, Esq., 105 W. Adams; Joel J. Sprayregen, Esq., 38 S. Dearborn, both of Chicago, for Ill. CLU.

24.21. Egan v. N.Y. State Univ. Bd. of Trs. (Albany Sup. Ct.) Univ. Student Assn. invited Aptheker to speak at U. of Buffalo. Oct. 31, 1962: Sup. Ct. granted Pl.-candidate for Congress a temporary injunction against Def's. permitting alleged Communist Party official to speak. Def's. appeal pending.
24.22. Helmkay v. Flint Bd. of Educ. (ED Mich., N. Div.; Flint #3.) Oct. 24, 1962: Suit filed by Pl.-students under 42 U.S.C. 1983 and First Amendment for injunction against Def. interfering with publication of fair comment on political matters in student newspaper, without administrative censorship. Pending.

Max Dean, Esq., 804 Detroit St., Flint, Mich.

24.23. Re Tedi Farber. (Francis Lewis High School, Queens, N.Y.) Nov. 7, 1962: Honor student wore armband to school: "Worldwide General Strike for Peace". Refusing to remove the armband, she was suspended from school; decided to move to another school district.
24.24. Knight v. Tenn. Bd. of Educ. (MD Tenn., Nashville Div., #3129.) (6 RRLR 1036.) 1961: Negro students suspended from Tenn. State College after conviction of breach of peace for "freedom rider" activities. Pls. sued for reinstatement. Issues: Univ. procedure did not provide hearing or notice of charges in violation of due process. Dec. 16, 1961: DC held Pls. must be readmitted, pending hearing on whether activities charged were "personal misconduct" within meaning of Univ. rule.
24.25. Byrd v. Gary. (ED S.C.) (184 F.S. 388.) Mar. 1960: several Negro students, protesting discrimination by milk co., refused to drink milk provided with school lunches. Def.-School principal expelled several students, who sued, charging violation under Civil Rights Act. DC dismissed for lack of jurisdiction.
25. On Miscellaneous Activities

25.9. Shuttlesworth v. Connor. (ND Ala.) (5 RRLR 1150.) Sept. 7, 1960: Pl.-Negro ministers, leaders of Ala. Christian Movement for Human Rights, sued for injunction restraining Defs. from "intimidating . . . Negroes who desire immediate and full integration" in the city by sending detectives to force their way into meetings of Pls'. organization, and for $97,000. compensatory and punitive damages. Def. alleged police were present at Ala. Christian Movement for Civil Rights meetings to protect members because church where meetings held had been bombed. DC dismissed; CA 5 remanded for trial on merits.
25.10. Smith v. Cremins. (SD Cal.) Jan. 1960: Pl. sought to distribute religious tracts to protest arrival of Soviet Deputy Premier in Los Angeles. Two Defs., policemen, seized and destroyed pamphlets, held Pl. 10 minutes, released him without charge, refused to return tracts. Jan. 1961: damage action filed, challenging Defs. actions taken without search or arrest warrant. Pending trial.

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

Case note:

Federal statute requiring disclosure of sponsors of election campaign handbills upheld: U.S. v. Scott (195 F. Supp. 440, DC N.D. 1961) 37 N.Y.U. 767-72

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30. Economic Restrictions
(see also 251, 261, 268, 281)
30.1. Independent Productions Corp. and I.P.C. Distributors, Inc. v. Loew's, Inc., et al. (SD NY, Civ. #110-304.) 1956: Pls.-producers of movie "Salt of the Earth" (re strike of Mine, Mill Union, see 203.1) brought action against 62 producing, distributing, exhibiting and processing companies charging violation of U.S. anti-trust acts. Pls. allege Defs. blacklisted 3 persons engaged in production of movie and thus made it impossible to obtain adequate distribution. DC dismissed for Pls. failure to produce Pls'. managing agent, Biberman, for deposition re his political beliefs and affiliations. Nov. 2, 1960: CA 2 reversed and remanded. Mar. 28, 1961: DC denied Defs'. motion to direct Pls. by Biberman to answer questions as to which he claimed privilege; dismissed Pls'. motion for protective order; granted Pls'. motion for order terminating examination of Pls. thru Biberman or order directing examination in Calif., where Biberman is, with Defs. to pay counsel fees and expenses of Pls. since Defs. did not proceed to examine Biberman re non-privileged matters while he was in NY; held it not fatal to charge of conspiracy to allege no contact between alleged conspirators since agreement can be tacit. Pending.

Dickstein, Shapiro and Galligan, Esqs., 20 E. 46th St., NYC.

30.3. Comm. to Secure Justice for Morton Sobell v. Tavern-on-the-Green Restaurant and City Parks Commr. Morris. (SD NY.) Def.-Tavern contracted to provide dinner for Pl.-Comm. on April 21, 1958. Apr. 15, 1958: Def.-Tavern canceled on Def.-Commr's. recommendation. July 21, 1960: SD NY held Pl.-Comm. stated cause of action for alleged deprivation of rights under Fourteenth Amdt. through breach of contract. Pending.

Nanette Dembitz and Mercedes Hoffman, Esqs., for ACLU, 156 Fifth Ave., NYC.

30.5. Wagner v. Post Office. (U.S. Post Office.) Pl.-postal employee wrote editorial in union newspaper critical of Post-master General's efforts to bar material from U.S. mails; reprimanded; request to expunge reprimand denied. Administrative appeal pending.

Ed Edelman, Esq., for ACLU of S. Calif., 323 W. Fifth St., Los Angeles.

30.6. Eustace v. Day, Postmaster General and U.S. Civil Service Comm. (CA DC.) (198 F. Supp. 233.) Nov. 1957: Pl.-postal employee, pres. United Postal Workers Union local, led members in peaceful picketing of San Francisco Post Office and distribution of handbills. March 1958: Pl. dismissed. Civil Service Comm. sustained dismissal. Oct. 25, 1961: DC granted Defs. motion for summary judgment, held on provision in Act authorizing Gov't. employees to engage in such external concerted activities. Nov. 8, 1962: appeal argued.

Dickstein and Shapiro, Esqs., 1411 K St., NW, Washington, D.C.

ACLU of N. Calif., 503 Market St., San Francisco.

30.7. Young v. Motion Picture Assn. of America, Inc. (DC DC.) (299 F. 2d 119, cert. den. 370 U.S. 922.) Dec. 30, 1960: 12 Pls., Hollywood writers and actors, filed complaint against 7 major movie producers, 2 distributors and 2 assns. seeking injunction, $7,500,000. damages. Issue: whether Defs. violated Sherman Anti-Trust Act, secs. 1 and 2, by conspiring to blacklist persons accused of past or present membership in Communist Party or other "subversive" organizations and refusal to answer questions before Congressional investigating comms. Appendix includes names of 81 writers and actors allegedly blacklisted. June 12, 1961: DC denied Pls. motion to strike Defs'. interrogatories re Pls. political associations and beliefs, tho Pls. said they would claim privilege against self-incrimination, denied motion for preliminary injuncton. CA affirmed; U.S.S.C. denied certiorari. Discovery proceedings pending in DC.

Dickstein and Shapiro, Esqs., 1411 K St. NW, Washington, D.C.; Margolis and McTernan, Esqs., 3175 W. 6th St., and A. L. Wirin, Esq., 257 S. Spring St., of Los Angeles.

Amicus appearance by ACLU of S. Calif., 323 W. 5th St., Los Angeles.

30.8. Ciepley v. Intl. Assn. of Machinists. (CA 7.) 2 long-time members of Def.-union protested that trusteeship over their local union had continued too long. Feb. 12, 1959: after Union trial, Pls. expelled; Convention upheld expulsions. Jan. 1961: suit filed under Landrum-Griffin Act for $220,000. damages; restoration of full membership rights. Jan. 10, 1962: DC dismissed. Appeal pending.

Marks, Simons & Houghteling, Esqs., 105 W. Adams; Hubert Will, Esq., 33 N. LaSalle, all of Chicago.

30.9. Mitchell v. Intl. Assn. of Machinists (Calif. Sup. Ct.) Facts: VII DOCKET 36, Cite for DCA: 16 Cal. Reptr. 813.

Case note: 13 Syra. 610-12

30.13. Turn Toward Peace v. Al Molaikan Temple. (Los Angeles Muni. Ct., #908264.) Suit for breach of contract for refusal to permit Pl. to use auditorium. Issue: whether clause is void which provides owner can cancel contract if it feels use of auditorium is incompatible with purposes of Def. on auditorium rented to the public. Muni. Ct. overruled demurrer. Pending.

Richard W. Petherbridge, Esq., 2591 Riverside Terrace, and A. L. Wirin and Fred Okrand, Esqs., 257 S. Spring St., all of Los Angeles, for ACLU of S. Calif.

40. Contempt
Law review articles:

John W. Oliver, Contempt by publication and the First Amendment, 27 Mo. 171-92

Morton Lane, The contempt power v. the concept of a fair trial, 50 Ky. 351-403

Comment:

Contempt by publication: Limitation on indirect contempt of court, 48 Va. 556-73

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41. Of Federal Courts
42. Of State Courts

42.11. Louisiana v. Defs. (19th Jud. Dist., E. Baton Rouge Parish.) During trial of Rev. Cox, 51.25, 3 Negro women sought to sit in front row of white section; refused to move. Arrested: charge: contempt of court; convicted; 10 days and $100. Appeal pending.
43. Of Other Agencies
(see also 270s, 330s)
50. Criminal Sanctions
51. Against Disorderly Conduct and Similar Offenses (see also 55, 541, 542, 551, 552)

51.8. Storey v. Davis. (Cook Co. Super. Ct., #60 S 9228.) Police arrested Pls.-4 college students; charges: drunk and disorderly conduct, resisting arrest. Pls. signed release, were discharged. May 20, 1960: Pls. filed suit for declaratory judgment that release invalid because judicially coerced; asked damages for false arrest, false imprisonment, malicious prosecution. Pls. allege sole cause of arrests was slowness of one Pl. in presenting identification to police. Pending.

Lee J. Vickman, Esq., 300 W. Washington; Joel L. Sprayregen, Esq., 19 S. LaSalle, both of Chicago.

51.19. South Carolina v. Carras, Stradley. (Sumter Muni. Ct.) Feb. 14, 1961: Def.-pilot and TV photographer arrested while attempting to photograph sit-in at pharmacy. Charge: breach of peace; $100. bond each. Pending.
51.25. Louisiana v. Rev. Cox. (Baton Rouge Dist. Ct.) Dec. 14, 1961: 22 students (Southern University) arrested during anti-segregation demonstration. Dec. 15: Def.-minister led 1500 students in demonstration against arrests; 70 arrested. Charges against Cox: obstructing sidewalk, threatening to disrupt cts., failing to disperse crowd. Dec. 16: charges dropped against 5 Defs. Bond required: $1,500. each. Feb. 1, 1962: Def. tried, convicted; 1 yr., 5 mths., and 4 mths., consecutive, $7,500. Def. also charged with defaming Dist. Atty. and Judge during trial. Appeal pending.

Johnnie A. Jones and Murphy Bell, Esqs., 513 S. 13th St., Baton Rouge.

And see 51.26, 54.2, 54.3, 54.4.

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

Johnnie A. Jones and Murphy Bell, Esqs., 513 S. 13th St., Baton Rouge.

And see 51.25, 54.2, 54.3, 54.4.

51.27. South Carolina v. Randolph (Sumter.) (Sumter Co. Cir. Ct.) (121 So. 2d 349, 6 R.R.L.R. 784.) 26 Defs. charged with conspiring to breach the peace in connection with sitin demonstrations. At trial, Defs. argued charge too vague to defend against; trial ct. overruled contention, convicted. Aug. 23, 1961: S.C. Sup. Ct. reversed and remanded for retrial, held charge too general, neither stating facts constituting the crime charged, nor pointing out any particular of the crime allegedly contemplated. Pending on retrial.

Study:

Dr. Howard Zinn, Albany — A Study in National Responsibility. Southern Regional Council.

And see cases at 63.5, 542.21-542.21f.

51.34. Georgia v. Forman. (Albany.) Aug. 1962: Def.-Exec. Secy. of SNCC arrested while sitting in car watching 4 Negro youths attempt to get service at motel. Def. charged first with disorderly conduct, $200. bond; later with contributing to delinquency of minors, $1,000. bond. 4 youths arrested also. Pending.
51.35. Georgia v. Patch. (Albany.) Aug. 18, 1962: Def.-white student from north, participating in voter registration drive in Lee Co., arrested while attempting to obtain service at restaurant. Pending.
51.36. Georgia v. Rev. Anderson. (Albany Recorder's Ct.) Aug. 28, 1962: 85 out-of-state clergymen and church members arrested during prayer vigil against segregation. Charges: disorderly conduct, creating a disturbance, congregating on sidewalk, refusing to obey officer. $200. bonds for each. Nov. 1, 1962: Def.-white minister from Chicago tried; convicted; $200. or 30 days. $300. cash bond pending appeal.
52. Against Obscenity (see also 12, 14)
And see 304.

Case notes:

Criminal obscenity statute unconstitutional for lack of scienter: City of Cincinnati v. Marshall (172 Ohio St. 280, 175 N.E. 2d 178, 1961) 23 Ohio State 355-60

Obscenity in private communications: Ackerman v. U.S. (293 F. 2d 449, 9th Cir. 1961), U.S. v. Holt (12 U.S.C.M.A. 471, 31 C.M.R. 57, 1961) 23 Ohio State 553-56

"Immoral publications": Malone v. State (339 S.W. 2d 666, Tex. Ct. Crim. App. 1960) 6 S.T. 57-59


52.20. U.S. v. Frew. (ED Mich., #37517.) Def. indicted in Michigan for mailing pictures and books previously found to be not obscene in SD Calif. litigation. Issues: can material be constitutionally protected in one district and obscene in another; constitutionality of 18 USC 1461. Pending.

Stanley Fleishman, Esq., 1741 Ivar Avenue, Hollywood.

52.22. Massachusetts v. Spiegel. (Cambridge Dist. Ct.) Mar. 7, 1960: state police, with search warrant, seized collection of allegedly obscene photos from Harvard psychiatry prof., charging violation of state law. Def. pleaded not guilty on ground materials necessary for scientific investigations, not shown by Def. to any other person. Pending.

David R. Pokross, Esq., 18 Devonshire, and Thomas E. Dwyer, Esq., 8 Beacon St., both of Boston; Roger Fisher, Esq., Langdell Hall. Cambridge.

52.31. Bantam Books, Inc. v. Sullivan. (U.S.S.C., #118.) (176 A. 2d 393, prob. juris. noted 370 U.S. 933.) Action by book publishers challenging constitutionality of R.I. statute establishing
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Def.-Comm. to Encourage Morality in Youth, part of whose work is "educating" the public re obscene materials by sending lists of books it considers in violation of the law to wholesale and retail distributors. Mar. 3, 1961: Super. Ct. upheld constitutionality of Res. 73 creating Def. Comm.; held notices of Def. to retailers and wholesalers contained implied threats of censorship of books listed, therefore unconstitutional. Dec. 20, 1961: R.I. Sup. Ct. reversed, upheld constitutionality of Commission. 1962: U.S.S.C. noted probable jurisdiction.

Milton Stanzler, Esq., 626 Industrial Bank Bldg., Providence; Weil, Gotshal and Manges, Esqs., 60 E. 42nd St., NYC.

52.33. California v. Aday, et al. (Dist. Ct. of App.) (362 P. 2d 47.) 7 Defs. — writers, publishers, distributors — indicted for conspiracy to violate Calif. obscenity law in connection with 3 books: "The Decisive Years", "Sex Life of a Cop", "Joy Killer". 1961: Defs. moved in Calif. Sup. Ct. for return of 14 tons of paperbacks, contracts with authors, tax returns, etc., seized when Defs. arrested. May 11, 1961: Calif. Sup. Ct. granted motion because search warrant too sweeping. Fresno Muni. Ct., after hearing, ordered all seized private papers returned; granted Def's. motion under Pen. C. §995 to set aside indictment. State's appeal pending.

Stanley Fleishman, Esq., 1741 Ivar Ave., Hollywood.

52.37. Gerstein v. "Pleasure Was My Business". (3d Dist. Ct. of App., Fla.) Declaratory judgment action by Pl.-State Atty. against Def.-author, alleging violation of Chap. 847 Fla. Stats. thru publication of book. Def's. answer alleged book described relationship between prostitution and dishonest law enforcement officers, etc. Trial ct. ruled expert testimony on contemporary community standards to be heard by court without jury, rejecting State's motion that ct. read book and make determination re obscenity as matter of law. After trial, Ct. found book obscene. Appeal pending.

Howard W. Dixon, Tobias Simon and Sheldon Rosenthal, Esqs., for Fla. CLU, 706 Ainsley Bldg., Miami.

52.40. Massachusetts v. Interstate News Dealers Supply Co. (Mass. Sup. Jud. Ct.) Defs. charged with violating act re possession and distribution of obscene literature. Police, with warrant, searched Defs'. premises, seized pictures and magazines. Issue: search warrant oath based on suspicion, without supporting evidence; warrant did not describe with particularity things to be seized; application and meaning of "obscene". May 1961: Defs. convicted after trial. Appeal pending.

Harold Katz, Esq., 73 Tremont; William P. Homans, Jr., Esq., 53 State; Sumner Z. Kaplan, 84 State St., all of Boston.

52.42. California v. Shaver. (San Mateo Super. Ct., App. Dept.) In trial of Defs. under Pen. C. §311.1 for selling obscene literature, Ct. rejected testimony by expert witnesses on contemporary standards re sex discussion, found sufficient evidence that Defs. had knowledge of character of books. Nov. 1, 1962: App. Dept. reversed (3-0) for failure to admit testimony.

Marshall Krause, Esq., ACLU N. Calif., 503 Market St., San Francisco.

52.44. California v. Bradley Smith. (Calif. Sup. Ct.) Def.-book dealer charged with violating obscenity law by selling "Tropic of Cancer". Feb. 1962: after jury trial in which experts testified on both sides, convicted; 30 days. App. Dept. affirmed. D.C.A. refused to hear. Appeal pending.

Stanley Fleishman, Esq., 1741 Ivar Avenue, Hollywood.

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

52.46. Maryland v. Yudkin. (Md. Ct. of App.) Def.-bookseller charged with unlawfully and knowingly selling obscene book, "Tropic of Cancer". Dec. 22, 1961: in jury trial, Ct. prevented Def. witnesses, English profs., from testifying whether it was a work of literary merit or an effort at pornography. Jury convicted; 6 mths.; free on $5,000. bail pending appeal.

Amicus appearance by Md. CLU, 5740 Cross Country Blvd., Baltimore.

52.47. U.S. v. Humor Magazine, Excellent Publications, Deerfield Pub. Co., Wilmot Enterprises. (DC N.H.) Sept. 22, 1961: 4 Def. publishing cos. indicted for using mails to deliver obscene literature: magazines "Caper", "The Gent", "Hi-Life". Pending.
52.48. Connecticut v. Huntington. (Conn. Sup. Ct. of Errors.) Def.-bookseller arrested; charge: selling "Tropic of Cancer" in violation of Conn. Genl. Stats. §§53-243. Mar. 7, 1962: after trial, Def. convicted, book held obscene, indecent. Appeal pending.

Joseph F. Skelley, Jr., Esq., 37 Lewis St., Hartford.

52.49. California v. McGilvrey. (San Diego Muni. Ct.) Def.-booksellers arrested; charge: selling "Tropic of Cancer". Mar. 19, 1962: trial date.
52.51. Re "Tropic of Cancer". (Milwaukee Ct.) June 22, 1962: Judge Drechsler found Miller's "Tropic of Cancer" obscene in first case under 1957 Wis. obscenity statute.
52.52. City of Seattle v. Johnson. (King Co. Super. Ct., #36388.) In Muni. Ct., Def. convicted of violating Seattle Ord. §12.21.010, regulating exhibition of movies by showing "Erotica". On appeal, Def. tried de novo. Feb. 7, 1962: after trial, ct. found: Def. did have knowledge of contents of film before it was shown publicly; held entire ordinance unconstitutional under First and Fourteenth Amendments for lack of requirement of scienter and prior restraint on permissible activities, voiding also §§ which might be saved, citing Thornhill v. Ala., 310 U.S. 88 (1940).

William L. Dwyer, Esq., 1207 Hoge Bldg., Seattle.

53. Against Defamation (see also 61)

53.4. Louisiana v. Moore. (19th Jud. Dist., E. Baton Rouge Parish.) Def.-SNCC leader made a speech; arrested. Charge: criminal defamation of E. Baton Rouge grand jury and district attorney. Nov. 28, 1962: convicted. Appeal to La. Sup. Ct. pending.

Robert Collins, Esq., 5200 Gentilly Rd., Nils R. Douglas and Lois E. Elie, Esqs., 2211 Dryades St., all of New Orleans; Murphy Bell, Esq., 513 S. 13th St., Baton Rouge.

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54. Against Sedition, Criminal Anarchy (see also 241-44)

54.2. Louisiana v. Goldfinch. (New Orleans.) (Orleans Parish Ct.) Sept. 21, 1960: Def., white Tulane grad. student, arrested while with 2 Negro students during lunch counter sit-in. Charges: criminal mischief, conspiracy to commit criminal anarchy, based on Def's. alleged remark at counter: "I have come here for a purpose and I will not leave until I have accomplished that purpose or have been arrested", allegedly directed against State of La. Freed on $2,750. bail. Pending.
54.3. Louisiana v. Diamond. (19th Jud. Dist. Ct., E. Baton Rouge Parish.) Dec. 14-15, 1961: desegregation demonstrations and arrests (52.25) at Southern Univ. Jan. 18, 1962: S. Univ. pres. closed school, ordered all students to leave and apply for readmission. Jan. 25, 1962: Univ. opened 4 days late; police patrolled campus; 7 students refused permission to register. Feb. 1, 1962: Def.-field secy., Student Nonviolent Coordinating Comm., stepped from taxi onto campus of Southern Univ.; arrested. Charges: trespassing, vagrancy, disturbing the peace. Later additional charge: criminal anarchy. Bail: $12,000. Criminal anarchy charge dismissed; convicted of trespass. Appeal pending.

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

And see 51.25, 54.4, 54.5.

54.4. Louisiana v. Moore and Rougeau. (19th Jud. Dist. Ct., E. Baton Rouge Parish.) Feb. 10, 1962: 2 leaders of CORE arrested. Charge: criminal anarchy. Pending.

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

54.5. Louisiana v. Zellner and McDew. (19th Jud. Dist. Ct., E. Baton Rouge Parish, #42916.) Feb. 17, 1962: Def. Negro and white leaders of SNCC tried to visit Def.-Diamond (54.3) in jail; arrested when brought him candy and "Scottsboro Boys", "The Ugly American", "Eight Men" by Wright. Charges: vagrancy, criminal anarchy. Bail: $7,000. each. Vagrancy charge dropped; criminal anarchy charge based on: attempting to deliver integration literature to Diamond, 54.2; advocating opposition to State of La. privately and publicly; belonging to SNCC, an organization "which is known to advocate, teach and practice opposition to the government of La. by unlawful means". Pending.

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

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.)
55.7. Tennessee v. Defs. (Madison Co. Ct.) Nov. 8, 1960: 150 Negro (Lane College) students arrested while parading to Co. Cthouse on election day with signs demanding suffrage for Negroes in Haywood and Fayette Cos. (see 501.15.) Charges: disorderly conduct, threatening breach of the peace, violating city ordinance requiring permit to stage parade. 44 Defs. tried; 5 dismissed as under age; 39 convicted: 8 Defs. fined $50. each; 31 fined $5. each. 106 cases pending.
55.16. Alabama v. Rev. Shuttlesworth, Rev. Phifer. (Birmingham Crim. Ct.) Birmingham merchants rejected Negroes' demands for desegregation of drinking fountains and rest-rooms, employment of Negro workers. Negroes began boycott of downtown stores. Birmingham withdrew city money to distribute surplus food sent to needy through fedl. funds. Apr. 4, 1962: Def.-Negro leaders arrested while observing effects of boycott. Charges: blocking traffic; refusing to obey police officer. Released on $100. bail each. Pending.
55.18. Alabama v. Dr. McNair. (Talladega.) (Cir. Ct.) Apr. 1962: 200 students (Talladega College) demonstrated in downtown against segregated eating and employment practices; 50 arrested, incl. Def.-white chaplain, Def.-Zellner, 54.4. Defs. released on bonds, many signed by Arthur D. Gray, College Pres. Cases pending.

And see Alabama v. Gray, 63.2.

55.19. Louisiana v. Moore. (U.S.S.C.) Def. arrested, charged with criminal anarchy (see 54.3) and violation of sound truck ordinance. Convicted of misdemeanor. Application for certiorari 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. Supr. 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; convicted. Appeal pending.

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

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 vigils 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. Oct. 26, 1962: convictions affirmed. Petition for allowance of appeal to CA DC pending. Issue: scope of police power to regulate citizens' behavior on sidewalks.

Hal Witt and Richard J. Scupi, Esqs., 600 F St. NW, and James H. Heller, Esq., c/o Natl. Capital Area CLU, 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.

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55.26. North Carolina v. Frinks. (Chowan Co. Super. Ct.) Negro Defs. picketed for integration. Arrested; charges: violating Edenton City Ord. limiting pickets to 10 walking at least 15' apart, resisting arrest, assaulting officer. Nov. 27, 1962: after trial before judge and jury trial, convicted.

G. E. Tillett, Esq., 413 S. Broad St., Edenton, N.C.

And see 55.27.

55.27. North Carolina v. Rev. LaGarde. (Chowan Co. Super. Ct.) After arrests in 55.26, new ord. passed requiring permit to picket obtained from Town Clerk 24 hrs. in advance on payment of $10. fee/day; prohibiting picketing beyond 5' of curb line on sidewalk, despite parking meters and car bumpers overlapping curb. In trial, Defs. called as witnesses Mayor, Town Council, merchants who had been picketed. Nov. 27, 1962: after trial, ct. ruled ordinance unconstitutional.

G. E. Tillett, Esq., 413 S. Broad St., Edenton, N.C. and William B. Kunstler, Esq., 511 5th Ave., NYC.

55.28. Illinois v. Tranquilli, Thomas, J. Lewis, Bridges. (Cairo.) (Justice of Peace Ct., Alexander Co. Ct.) Jy. 13, 1962: 9 persons arrested in sit-in at swimming pool. Charges: mob action, disorderly conduct. Jy. 26, 1962: tried; convicted; $35. each. Aug. 20, 1962: 4 others tried; convicted; $50. each. All pending on appeal to Co. Ct. One minor arrested; turned over to Ill. Youth Commission for violation of parole based on previous integration protest.

Raymond E. Harth, Esq., 109 N. Dearborn, Chicago, for NAACP.

55.29. Illinois v. Peake. (Cairo Muni Ct.) After sit-ins, (see 55.28) Cairo passed ordinance prohibiting parading without a license. Sept. 24-27: 58 Negro and white youth arrested for violating ordinance by picketing for fair employment at market. Pending.
55.30. Missouri v. Defs. (Charleston Muni. Ct.) Aug. 13, 1962: 50 Negro and white youth stood-in at local theatres; all arrested; charge: trespassing. 9 held; all under 17 released. Aug. 14, 1962: 35 youth at confectionery, some inside, some outside. All arrested; charge: obstructing the sidewalk. 10 held; others released.

And see 55.31.

55.31. Missouri v. Lewis, Dunlap, Adams, Kundra. (Charleston Muni. Ct., ##8-36-233. 8-60-257, 8-52-249, 8-53-250, 8-55-252.) Aug. 23, 1962: 8 students (incl. SNCC and CORE members) arrested in demonstrations for integration of theatre and cafe. Charges: trespassing, interfering with police officer. Aug. 14, 28, 1962: tried, 4 convicted; 1 charges dismissed. Appeal of Def.-Dunlap pending in Mississippi Co. Cir. Ct.

Robert L. Witherspoon, Esq., 1518 N. Sarah St., St. Louis.

56. Against "Corrupt Practices"

56.3. Intl. Assn. of Machinists v. Street. (U.S.S.C.) Facts: VI DOCKET 104. Cite: 367 U.S. 740 (1961).

Law review articles, comments and case notes:

Donald B. King, Corporate political spending and the First Amendment, 23 U. Pitt. 847-79

Freedom from political association: the Street and Lathrop decisions, 56 Nw. U. 777-90

Political contributions by labor unions, 40 Tex. 665-76

13 Mercer 439-42; 64 W. Va. 220-24; 1961 U. of Ill. 526-31

57. Against Vagrancy

57.3. Louisiana v. Trumpower. (E. Baton Rouge Crim. Dist. Ct.) Def.-white CORE member arrested for using Negro women's restroom in courthouse; 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. Motion to quash pending.

Bruce C. Waltzer, Esq., 1006 Baronne Bldg., 305 Baronne St., New Orleans, for La. CLU.

57.4. Georgia v. Sherrod and Allen. (Dawson.) Aug. 1962: Def.-SNCC workers accompanied 5 Negroes to voting registrar's office; arrested. Charge: vagrancy. $500. bond each. Pending.
58. Against Trespassing (see also 541, 542, 551, 552)

58.1. California v. Poland and Cage. (U.S.S.C.) Defs. tried to distribute literature of Agricultural Workers' Organizing Comm., AFL-CIO at bracero camp; arrested. Charge: trespassing. Issue: whether owners of camp can make residence of up to 500 men private property so as to prevent communication of facts re labor conditions and organization. Justice Ct. found Defs. guilty after trial. App. Dept., Super. Ct. affirmed without opinion, declined to certify to D.C.A. Petition for certiorari to be filed.

Donald Cahen and Marshall W. Krause, Esq., for ACLU of N. Calif., 503 Market St., San Francisco.

58.2. Delaware v. Anderson, Livingston. (Kent Co. Ct. of Com. Pleas.) Feb. 21, 1962: 7 students (U. of Dela., Dela. State) arrested during sit-in at Dover restaurant. Charge: trespass. Trial date to be set.
58.3. Alabama v. Zellner. (Talladega Co. Ct.) Apr. 27, 1962: Def.-field secy. for SNCC arrested while getting into an auto to attend SNCC conference in Atlanta. Charge: conspiracy to violate Ala. trespass laws; $2,500. bond. May, 1962: convicted after trial; 6 mths. or $500. Bail $1,500. pending appeal.

And see 55.18, 63.2.

58.4. Maryland v. Grubb. (Cambridge.) Aug. 20, 1962: 4 whites and 1 Negro woman attempted to obtain service at 3 restaurants; not served. Arrested; charge: disorderly conduct and trespassing. $2200. bail for 5. Trial: Oct. 29, 1962.
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59. Against Miscellaneous Criminal Activities See cases at 123.

59.22. North Carolina v. Crowder, Covington, Lowry, Reape, Mallory. (Union Co. Super. Ct.) (U.S.S.C.-Mallory.) Week of Aug. 22, 1961: Freedom Riders picketed in court house square protesting discrimination. Aug. 27: White mob attacked pickets; white couple wandered into New Town, main Negro neighborhood, in effort to avoid traffic jam caused by rioting, taken into home of NAACP leader Williams allegedly for safety from excited Negro crowd. Def.-Lowry allegedly moved couple's car. Def.-Williams notified police of white couple's presence. Indictments issued charging Def.-Williams with kidnapping; 4 Negro-Defs. with shooting officer in leg. Def.-Williams sought political asylum in Cuba. Defs. issued subpoenas duces tecum for U.S. Atty. Genl., N.C. Gov., Monroe Mayor for copies of Williams' reports to them of KKK and police violations of civil rights just prior to Defs'. arrest. Feb. 8, 1962: Ohio Gov. DiSalle signed extradition papers for Def.-Mrs. Mallory. Mar. 4, 1962: Def.-Mallory denied bail pending appeal from Gov's. extradition order and Com. Pleas Ct's. denial of habeas corpus writ. Ct. of App. affirmed; Ohio Sup. Ct. refused to grant motion to certify. Application for certiorari pending. Trial of principal case pending extradition case; Defs'. motion for immediate trial under Sixth Amendment overruled. Other Def. motions overruled or pending: challenge to racial composition of grand jury, to inspect grand jury minutes, for change of venue, to quash trial jury because procedure does not permit questioning jurors individually re possible prejudice.

Conrad Lynn, Esq., 141 Broadway, NYC; William Kunstler, Esq., 511 - 5th Ave., NYC; M. C. Boyette, Esq., Carthage, N.C.; Jordan, Dawley and Holt, Esqs., 7001 Gregory Drive, Norfolk, Va. Walter Haffner, Esq., 1010 Standard Bldg., Cleveland (for Mrs. Mallory).

59.22b. North Carolina v. R. Convington and Rorie. (Union Co. Super Ct.) Facts: same as Crowder, 59.22. Aug. 27, 1961: Defs. arrested. Charge: shooting policeman after rescuing English girl from mob. Tried before all-white jury; convicted: Def.-Covington, 15, sentenced to reformatory for indefinite period; Def.-Rorie, 17, 3-5 yrs. Appeal pending.
59.26. Mississippi v. Bevel. (Jackson.) (Hinds Co. Ct.) May-Jy. 1961: Def.-Negro SNCC leader conducted workshop on nonviolence to prepare Freedom Riders (see 541.22); arrested. Charge: contributing to delinquency of minors. Nov. 1961: City Ct. trial; convicted; 2 yrs. and $2,000. Appeal filed, Def. free on bond.

Jack Young, Esq., 115½ N. Farish, Jackson.

59.27. Mississippi v. Aaron Henry. (Clarksdale.) (City Ct.) NAACP boycotted white merchants for discriminatory practices. Dec. 7, 1961: 7 Negroes arrested. Charge: withholding trade from downtown merchants in violation of Miss. act prohibiting "conspiracy to prevent others from exercising lawful trade or calling". Released on own recognizance.

Jack Young, Esq., 115 N. Farish, Jackson.

59.28. Kentucky v. Pfuhl and Duffey. (Louisville City Ct.) June 26, 1962: 2 members of SNCC participated in demonstration against segregated movie theatre; arrested; charge: refusing to move on police orders. Convicted; 30 days. Appeal pending.
59.29. California v. Gillespie. (San Bernardino Super. Ct., App. Dept.) Def. prosecuted for distributing Socialist Labor Party paper in Fontana, Calif. without business license. Jan. 25, 1963: hearing.

Tony Geram, Esq., and A. L. Wirin, Esq., 257 S. Spring St., Los Angeles, for ACLU of S. Calif.

59.30. California v. Crnovic. (San Bernardino Super. Ct., App. Dept.) Def. prosecuted for having rack containing Socialist Labor Party paper on public property chained to traffic signal. Jan. 25, 1963: hearing.

Tony Geram, Esq., and A. L. Wirin, Esq., for ACLU of S. Calif.

60. Civil Sanctions
61. Against Defamation

61.9. Commr. Sullivan v. The New York Times, Rev. Shuttlesworth. (Ala. Sup. Ct.) $500,000. libel suit by City Commissioner charging that advertisement signed by 4 Negro-Def. ministers appearing in Def.-newspaper Mar 29, 1960, asking funds to help pay legal defense of Rev. King's Ala. income tax suit, contained false statements re Negro college student demonstrations, subjecting Pl. to ridicule and embarrassment, altho Pl. not mentioned in ad. Cir. Ct. ordered Def.-newspaper to produce records showing whether or not it does business in Alabama. June 30, 1960: Ala. Sup. Ct. denied petition by Def. to set aside Cir Ct. order. Aug. 5, 1960: Cir. Ct. held Def.-newspaper was doing business in Ala. at time ad appeared. Nov. 1, 1960: 2 Negroes on jury panel stricken, 3-day trial by 12 white male jurors. Nov. 3, 1960: judgment for Pl. of $500,000. Appeal to Ala. Sup. Ct. filed by Def. and $1,000,000 appeal bond filed. Ala. Sup. Ct. upheld verdict.

Feb. 1961: Pl. attached autos and land of 4 ministers who did not move for new trial, obtained garnishment orders against Montgomery Improvement Assn. and Tuskegee Svgs. & Loan to attach their funds. Apr. 12, 1961: Cir Ct. dismissed action when minister testified Def.-Assn. owed no salaries to 4 ministers.

T. Eric Embry, Esq., Birmingham; Fred Gray, Esq., 34 N. Perry St., Montgomery; V. Z. Crawford, Esq., Mobile, Ala.

Lawyers' Comm. on the Alabama Libel Suits, Report. Theodore W. Kheel, Esq., 477 Madison Ave., NYC.

61.9a. Commr. James v. The New York Times, Rev. Shuttlesworth, et al. (Montgomery Cir. Ct.) $500,000. libel suit similar to Sullivan, 61.9. Jan. 31, 1961: during trial, Negroes sat in courtroom on unsegregated basis. Feb. 1: Trial Judge issued order for segregated seating, overruled Negro-Defs'. motion for mistrial under Fourteenth Amdt. Feb. 2: all-white jury awarded Pl. $500,000. libel judgment. Pending in trial ct. on Defs'. motion for new trial.
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61.9b. Commr. Parks v. The New York Times. (CA 5.) Facts, issues, status same as 61.10.
61.10. Gov. Patterson v. The New York Times, Rev. King, Shuttlesworth, et al. (Montgomery Co. Ct.) $1,000,000. libel suit filed by Gov., ex officio chairman, State Bd. of Educ., based on same facts as 61.9; pending. Def.-newspaper printed retraction of statement alleged to be false in advertisement. Apr. 13, 1961: Def. filed removal petitions, alleging Def.-Ala. Negro ministers joined as parties Def. solely to prevent removal to federal ct.; Def.-ministers contend their names appeared in NY Times adv. without their consent. DC overruled Pls'. motion to remand to state ct. Sept. 18, 1962: CA 5 reversed (2-1), held Pls. presented sufficient evidence that Def.-Ala. ministers not joined fraudulently to give state ct. jurisdiction.
61.11. The New York Times v. Connor and Bessemer City Commrs. (CA 5, #19781.) May 6, 1960: Birmingham's 3 City Commissioners and Bessemer City Commrs. each filed $500,000. libel suits against Def.-newspaper and reporter charging publication of Apr. 12, 1960 article re City's race relations "with intent to defame" Pls. "falsely and maliciously". Sept. 1, 1960: DC held Def.-newspaper could be found in and therefore could be served with libel suits in Ala. Je. 14, 1961: CA 5 reversed and remanded. Mar. 19, 1962: DC dismissed amended complaints attempting to correct error found by CA. Nov. 16, 1962: CA 5 affirmed.

Beddow, Embry and Beddow, Esqs., Birmingham, Ala.

61.16. Barton v. Gov. Barnett. (Hinds Co. Cir. Ct., #16,525.) 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.

61.17. Franklin v. Paradise American Legion Post 259. (Butte Co. Super. Ct., Calif.) Feb. 1962: Pl.-social studies teacher took group of students to human rights conference sponsored by Am. Friends Service Comm. Feb.-Oct. 1962: Def.-Legion and officers wrote letter to newspaper attacking conference, allegedly attacked Pl. in written and spoken statements. Oct. 1962: Pl. won patriotism award from Natl. Freedoms Foundation. Oct. 21, 1962: Pl. sued for defamation, $850,000. damages. Pending.

Robert Hoffman, Esq., Chico, Calif.

62. By Injunction in Labor Disputes
63. By Injunction in Other Situations
And see cases at 204.
63.2. Alabama ex rel. Atty. Genl. Gallion v. Gray. (Talladega Co. Cir. Ct., #9760.) Apr. 28, 1962: after 50 arrests in desegregation demonstrations (55.18), Cir. Ct. issued broad restraining order against further demonstrations by Def.-students, professors, local and out-of-state organizations and reporters. Oct. 1962: 2 week trial on granting of permanent injunction; State examined 10 witnesses. Trial adjourned til Feb. 4, 1962, with restraining order still in effect.

Charles Morgan, Jr., Esq., 1527 Comer Bldg., Peter Hall, Esq., 1630 - 4th Ave. N., and Arthur Shores, Esq., A. G. Gaston Bldg., all of Birmingham; Charles Conley, Esq., 530 S. Union St., Montgomery; Bishop C. Ewbank Tucker, Esq., 422 S. 6th St., Louisville; John Coe, Esq., 205 Bell Bldg., Pensacola; Victor Rabinowitz, Esq., 30 E. 42nd St., NYC.

63.3. Mitnick d/b/a Central Fourth Street Drugstore v. Fair Share Organization. (Ind. App. Ct., #19741.) Suit by employer for injunction against picketing by Def. to force Pl. to hire Negroes, and for $25,000. damages. Issues: does picketing violate equal protection of law or is it protected by anti-injunction act, §40-504-514. Nov. 11, 1961: Super. Ct. issued temporary injunction against Defs.: held this a racial, not a labor, dispute. Appeal pending.

See cases at 570s.

63.4. 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.) Jan. 1961: Def.-organization began picketing Pl. for change in policy of hiring Negroes only in menial jobs. Aug. 1961: Pl. sued for injunction against all picketing, $125,000. compensatory, and $50,000. punitive damages. Sept. 1, 1961: Ct. denied Def's. motion to dismiss, found no labor dispute between parties, took judicial notice that Fla. has not passed proposed FEP Act, held peaceful picketing to force employer to hire Negroes is unlawful and not free speech. Feb. 21, 1962: After h'g., Ct. made injunction permanent, taxed costs to Def. Appeal pending.

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

63.5. Kelley v. Page. (Albany.) (MD Ga., #727.)

and

Anderson v. City of Albany. (MD Ga., #730.)

and

Anderson v. City of Albany. (MD Ga., #731.) DC consolidated Kelley suit by Mayor and city officials to enjoin demonstrations against segregation with 2 suits by Negroes to enjoin city officials from enforcing segregation ordinances (#730) and from interfering with peaceful protests against segregation (#731). Defs. objected to consolidation. Nov. 3, 1962: parties submitted proposed findings of fact in 3 cases.

C. B. King, Esq., P. O. Box 1024, Albany, Ga.; Jack Greenberg, Esq., NAACP Legal Def. & Educ. Fund, 10 Columbus Circle, NYC.

U.S. Dept. of Justice appeared amicus for Defs. in #727, for Pls. in # #730, 731.

And see cases at 51.34-51.36, 542.21-542.21f.

63.6. Potomac Electric Power Co. v. Wash. Chap. of CORE. (DC DC, #3238-62.) Defs. distributed "merit hiring" stamps with instructions to place them on customer's bill stubs when returned to Pl. Oct. 13, 1962: Pl. obtained temporary injunction against Def's. activities, claiming disruption of billing machinery. Issue: Does Norris-LaGuardia Act, 29
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U.S.C. §§101 et seq., apply; is this a "labor dispute" under New Negro Alliance v. Sanitary Grocery Co., 303 U.S. 552 (1938). DC held it does not.

Scupi and Witt, Esqs., 600 F St. NW, Washington, D.C.

64. Against Miscellaneous Activities
70. Procedural Problems
71. In Alleging Standing to Sue
Law review article:

Thomas P. Lewis, Constitutional rights and the misuse of "standing", 14 Stanford 433-54

Survey:

Standing to challenge constitutionality of loyalty oath, 37 Wash. 106-14

72. In Raising and Preserving Constitutional
Questions

Law review article, comment, case note:

Clark Byse, Proposed reforms in federal "nonstatutory" judicial review; Sovereign immunity, indispensable parties, mandamus, 75 Harvard 1475-1531

The non-justiciable controversy, 48 Va. 922-38

Supreme court will not decide constitutional question raised on appeal when record is unclear: Lathrop v. Donohue (367 U.S. 820, 1961) 110 U. Pa. 757-63

90. Miscellaneous Freedom of Thought

90.2. Westlake Subdivision Improvement Assn. v. Klein. (San Mateo Super. Ct., #94100.) Def. homeowner in area covered by restrictions and covenants policed by Pl. removed grass lawn and put in ivy. Apr. 1961: injunction action filed. Ct. overruled demurrer. Pending trial.

Thomas Thorner, Esq., Belli, Ashe and Gerry, Esqs., 722 Montgomery, San Francisco.

FREEDOM OF RELIGION (100-199)
110. Separation of Church and State
111. In Education
Law review articles:

John Cornelius Hayes, The constitutional permissibility of the participation of church-related schools in the administration's proposed program of massive federal aid to education, 11 DePaul 161-82

William J. McKenna, The transportation of private and parochial school children at public expense, 35 Temple 259-80

Joseph W. Harrison, The Bible, the Constitution and public education, 29 Tenn. 363-418

Comment:

Constitutional analysis of the Wisconsin School Bus Law, 1962 Wis. 500-19


111.6. School Dist. of Abington Township, Pa. v. Schempp. (U.S. S.C., #142.) (364 U.S. 298; 201 F. Supp. 815.) Pl.-Unitarian parents sought injunction against daily reading of at least 10 verses of King James Bible in public schools, as required under Pa. Public School Code §1516, alleging such reading interferes with parents' right to give children religious education of their own choosing. 3-judge ct. found Code sec. unconstitutional after hearing testimony on: differences in text of Bibles, New Testament reading as cause of anti-semitism, and negative reaction by Jewish children, constitutes "religious ceremony" in public school in violation of First and Fourteenth Amendment provisions for free exercise of religion and prohibition of establishment of religion. 1960: on appeal, U.S.S.C. vacated, remanded for hearing on 1959 amendment to excuse students from exercise by written request of parent. Feb. 1, 1962: 3-judge ct. held amended statute unconstitutional. Oct. 8, 1962: U.S. S.C. noted probable jurisdiction on Def.-Bd's. appeal.

Henry W. Sawyer, III, Esq., 1100 Phila. Natl. Bk. Bldg., Philadelphia.

Case notes: 30 Fordham 801-03; 13 Syra. 596-98

111.8. Engel v. Vitale. (U.S.S.C.) Facts: VII DOCKET 105. Cite: 370 U.S. 421.

Case notes: 9 U.C.L.A. 495-501; 33 Miss. 251-53; 30 Fordham 503-10; 28 Brooklyn 146-48

111.10. Chamberlin and Resnick v. Miami and Dade Co. Bds. of Educ. (U.S.S.C.) Taxpayers' suits by Jewish, Unitarian and agnostic parents of public school children testing constitutionality of Def's. practices. June 5, 1962: Fla. Sup. Ct. affirmed trial ct. in upholding Bible reading, singing hymns, reading Lord's Prayer in public schools, disallowed 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. Appeal pending.

Herbert L. Heiken and Howard Dixon. Esqs., 748 Seybold Bldg., Miami, for Fla. CLU; Leo Pfeffer, Esq., for Am. Jewish Congress, 15 E. 84th St., NYC.

111.17. Carlson v. Dickman. (U.S.S.C., #242.) (366 P. 2d 533 (1961).) In taxpayer's suit, Ore. Sup. Ct. (6-1) reversed Cir. Ct., held unconstitutional 1941 act permitting parochial schools to get free textbooks from public school districts, as violative of Ore. Constitution's ban on use of state funds "for the benefit of any religious or theological institution"; did not rule on fedl. constitutional questions. Oct. 8, 1962: U.S.S.C. denied Def.-Bd's. petition for certiorari.

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

Case note: 31 U. of Cincinnati 335-41

111.20. Brown v. Orange Co. Bd. of Pub. Inst. (Fla. Sup. Ct.) Pl.-parent-taxpayers sued to enjoin Defs. from continuing annual distribution of Gideon Bibles in Jr. Highs. Trial Ct.:
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granted motion to dismiss. Dec. 23, 1960: Ct. of App. reversed, held distribution "approximates annual promotion and endorsement of religious sects" following certain teachings; remanded. Defs'. appeal pending.

Jerome J. Bornstein, Esq., 56 E. Pine St., Orlando, Fla.; Leo Pfeffer, Esq., 15 E. 84th St., NYC.

111.22. Murray v. Curlett, Baltimore School Bd. (U.S.S.C., #119.) (179 A. 2d 698.) Pl.-parents sued to enjoin Bible reading in public schools. 1962: Md. Ct. of App. (4-3) affirmed Super. Ct. dismissal of complaint, held daily opening exercises of Bible reading and recitation of Lord's Prayer not in violation of First or Fourteenth Amdts. Oct. 8, 1962: U.S.S.C. granted Pl's. petition for certiorari.

Leonard J. Kerpelman, Esq., 900 Light St., Baltimore.

111.23. Polster v. Centennial Joint School Dist. Bd. (Bucks Co., Pa. Super. Ct.) Pl.-Quaker parents sued to enjoin Def's. approval of distribution of Gideon New Testament Bibles in public schools. Pending.
112. In Public Places

112.23. Anderson v. Redwood City. (San Mateo Co. Super. Ct.) Complaint for permanent injunction to prohibit expenditure of $4,500 appropriated by City Council for private group to erect Easter cross on city-owned land. Super. Ct. enjoined Def. pending trial on merit. Appropriation expired by terms of City Charter; money returned to general fund. Jy. 19, 1962: suit dismissed as moot by stipulation.

Marshall W. Krause, Esq., for ACLU of N. Calif., 503 Market, San Francisco.

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

121.26. U.S. v. J. C. Harshman. (ND Ill.) Sept. 1961: Def.-member of Harshmanite sect of Church of Jesus Christ charged with refusing induction. At trial, DC sustained objections to testimony re Def's. beliefs and church's belief. Convicted; 2½ yrs., $1,500., suspended with proviso he serve as civilian in institution approved by Selective Service (Chicago hospital).

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

121.27. U.S. v. Parker. (U.S.S.C., #556.) Facts, issues, similar to Harshman, 121.26. Sentence: 2 yrs., $1,000. CA 7 affirmed. Petition for certiorari pending.

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

121.28. U.S. v. N. J. Harshman. (ND Ill.) Def.-Harshmanite 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. Dec. 10, 1962: Sentencing.

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

122. Through Refusal to Register

122.30. U.S. v. Jack Smith. (SD NY.) Def.-editor of Bulletin of Committee for Nonviolent Action refused to report for induction into armed forces, though over draft age and formerly classified 3A because of dependents. Issue as put by Def.: "Is the individual conscience worthless when in conflict with what it holds to be an immoral law ordained by government and, if not, should an individual be deprived of his liberty because he refuses to compromise his conscience in such a conflict?" Sept. 6, 1962: after trial before judge, convicted; 9 mths.

Jack A. Smith, pro se.

123. Through Civil Disobedience
Article:

William R. Miller, What is civil disobedience? 10/10/62 CNVA Bulletin, p. 2, 325 Lafayette St., NYC.


123.22. U.S. v. Aarons and Swann. (CA 2.) Nov. 22, 1960: 9 pacifists attempted to board nuclear submarine Ethan Allen, equipped with Polaris missiles; arrested. Charge: violating Coast Guard order; dismissed; reindicted, with allegation of scienter. Def. Henry pleaded guilty; 1-yr. suspended, 2 yrs. probation after release from 1 yr. in 120.23. 3 Defs. tried by jury, 4 Defs. by ct. May 23, 1961: convicted; 20 days, 30 days, 90 days, 4 yrs. Oct. 30, 1962: CA 2 affirmed.

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. Aug. 27, 1962: after trial, Def. convicted of unwarranted loitering in fedl. bldg.; 2 days and costs.
123.24. U.S. v. Henry Foster. (ND Calif., N. Div., #13468.) Sept. 21, 1962: during peace walk, 12 Defs. demonstrated at Mare Island Naval Shipyard; arrested. Charge: trespass; added charge: §21 (a), McCarran Internal Security Act (violating regulation promulgated by Secy. of Defense). $500. bail each. McCarran Act charge dropped; 11 Defs. pleaded guilty to trespass. Def.-Foster's case pending on Def's. motion to dismiss.

Francis Heisler, Esq., Route 1, Box 215, Carmel, Calif.; Alexander Hoffmann, Esq., 1361 Glendale, Berkeley.

123.25. Connecticut v. Lyttle. (10th Cir. Ct., Conn.) Aug. 18, 1962: 6 CNVA members arrested while Polaris submarine Alexander Hamilton launched. Charges: conspiracy, trespassing, breach of peace, resisting arrest. 2 pleaded guilty; served 6 weeks. Oct. 2, 1962: after one day of trial, Prosecutor entered nol prosse on all charges; 1 Def. had served 11 days awaiting trial and Pros. would not ask more time; technical defects in bills of particulars and testimony.

Jerome Caplan, Esq., 37 Lewis St., Hartford.

130. Denial of Tax Exemption to Institutions (see also 202, 266)
140. Sunday Closing Laws
Law review article and case notes:

Kenneth H. Hopp, 13 Baylor 225-42

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40 Texas 702-07; 15 Okla. 177-86; 16 U. of Miami 337-45; 30 GW 363-68; 37 Ind. 397-416; 64 W. Va. 79-83; 41 Boston 557-64

150. Miscellaneous Restrictions
151. In Prisons

151.1. In re Ferguson. (Calif. Sup. Ct.) Facts: VII DOCKET 6: Cites: 361 P. 2d 417, cert. den. 368 U.S. 864 (1961).

Case notes: 75 Harvard 837-40; 9 UCLA 501-09

151.2. Pierce v. Warden LaVallee. (WD NY.) Pl.-Muslim prisoners sued Def.-Warden, charging he placed them in solitary confinement because of their religious beliefs. WD NY dismissed. July 30, 1961: CA 2 reversed, found case stated claim under fedl. civil rights law. Pending.
151.3. In re Marvin D. Jones. (Calif. Sup. Ct.) Facts: VII DOCKET 106. Cite: 372 P. 2d 310.

Comment: 35 So. Calif. 162-74

151.4. Sewell v. Pegelow. (ED Va.) (291 F. 2d 196.) Pl.-Negro inmates of fedl. prison sued under 42 U.S.C. 1983 for restraining order against Def.-prison officials continuing harassment and infringement of Pls'. constitutional rights because of their Muslim religion: denial of opportunity to communicate with religious advisors, to wear religious medals, to recite prayers, to receive publications, to send letters of complaint to Commrs. of Dist. of Col.; 90 days in isolation without adequate food or furniture. DC dismissed. CA reversed and remanded for hearing.

George Blow, Esq., Ct.-appointed counsel.

152. In Other Places

152.5. 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.

152.6. Iowa v. Def.-Amish. (Independence Justice of Peace Ct.) Sept. 1962: Def.-Amish community warned it was violating Ia. law in operating 2 schools without hiring certified teachers. Nov. 24, 1962: 8 Amish men arrested; charge: misdemeanor for failure to hire certified teachers in 2 Amish schools. Defs. maintain 8th grade educated teachers sufficient for Amish children in rural community, insufficient funds to pay certified teachers. Convicted; 3 days in lieu of $10. fines. Co. School Supt. prayed for injunction to close schools.
FREEDOM OF ASSOCIATION: AFFECTING THE ORGANIZATION (200-239)
Magazine article and FM broadcast:

Jack Levine, Hoover and the red scare. The Nation, Oct. 20, 1962; 2½ hr. broadcast on FM station WBAI, NYC, Oct. 18, 1962, 30 E. 39th St., NYC 16 for transcripts; National Guardian, Oct. 29, 1962, pp. 6-8.

200. Organizational Privileges Challenged
201. As to Meetings (see also 11, 63)
202. As to Tax Exemption (see also 130, 266)

202.4. U.S. v. Communist Party, Hall, Flynn, Davis, Bart. (SD N.Y.) 1956: Internal Revenue Service held Def.-Party owed $261,050 in income and excess profits tax for 1951 plus $120,484 interest, penalties. Service collected $7,720 thru seizure and sale of Def's. assets. Mar. 20, 1962: U.S. sued for $500,000. (1956 sum plus interest), alleging Def. lost exemption as political party on passage of 1954 Communist Control Act. Def's. motion to dismiss as to individual Defs. granted; Oct. 25, 1962: amended complaint filed. Pending.

John J. Abt, Esq., 320 Broadway, NYC.

And see 202.4a.

202.4a. Communist Party v. Commr. of Internal Revenue. (CA DC.) Pl. filed petition for redetermination of alleged $326,000. deficiency in 1951 income and excess profits taxes filed in 1956. Sept. 14, 1962: Tax Ct. dismissed petition for failure to prove its filing was authorized by Petr. Appeal pending.

John Abt, Esq., 320 Broadway, NYC.

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

203.3. U.S. v. R. Dennis. (DC Colo.) 1956: Indictment for conspiracy to obtain services of NLRB for Mine, Mill and Smelter Workers Union by use of false affidavits by Def.-union officials that they were not Communist Party members. Issues: charge for false statement under oath not subject to conspiracy charge in 18 USC 371; Leedom and Meat Cutters, 352 U.S. 153, held NLRB can not look behind affidavits when filed, and therefore could not have been defrauded. Oct. 1959: 3 Defs. pleaded nolo contendere; 2 Defs. acquitted by trial ct.; 9 convicted by jury; 7 Defs. fined $2,000., 3 yrs.; 2 Defs. fined $1,500., 18 mths. Mar. 5, 1962: CA 10 reversed; held testimony of Gov't. witness Lautner re statements of Stein (alleged Communist Party leader) inadmissable against all appellants because not made in presence of any appellants, witness not named as co-conspirator, and no other evidence Stein was member of conspiracy; dismissed indictments against 2 Defs. for lack of proof. Justice Dept. announced retrial of 7 in Spring 1963.

Nathan Witt, Esq., P. O. Box 156, NYC.

And see Mine-Mill, 212.1.

204. As to Continued Existence (see also 63, 213, 223)

204.1. Alabama ex rel. Gallion v. NAACP. (Ala. Sup. Ct.) (357 U.S. 449, 360 U.S. 240.) 1956: Cir. Ct. issued temporary restraining order against NAACP conducting any business in the state or complying with foreign corp. registration
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law; imposed $100,000. fine for civil contempt when NAACP failed to produce membership lists. 1958: U.S.S.C. unanimously reversed, held production of lists entails likelihood of substantial restraint on members' exercise of freedom of association; remanded question of continuation of restraining order to Ala. Sup. Ct. Feb. 12, 1959: Ala. Sup. Ct. "again affirmed" contempt adjudication and $100,000. fine. June 1959: U.S.S.C., per curiam, reversed, ordered further proceedings in Cir. Ct. to conform to its opinion on membership list issue. Jy. 11, 1960: Ala. Sup. Ct. remanded to Cir. Ct. Oct. 1961: U.S.S.C., in companion suit in DC by NAACP, granted certiorari, vacated and remanded with order to DC to try issues unless Alabama accorded hearing on motion to dissolve 1956 restraining order no later than Jan. 2, 1962. Dec. 27, 1961: Cir. Ct. held hearings on Atty. Gen'l's. motion for permanent injunction against Def. operating in state. Def. moved for integration of seating in ctroom; denied. Def. moved for instruction to court reporter to refer to all witnesses as "Mr." and "Mrs.", not just whites; denied. Dec. 29: Cir. Ct. found Def. had operated illegally in state before and after 1956 temporary restraining order; granted Pl's. motion for permanent injunction against Def. operating in state. Appeal pending.

Robert L. Carter, Esq., NAACP, 20 W. 40th St., NYC; Arthur Shores, Esq., A. G. Gaston Bldg., Birmingham, Ala.

204.4. NAACP Legal Defense and Educ. Fund, Inc. v. Button. (ED Va., #2436.) (159 F. Supp. 503, 360 U.S. 167, 170, 179.) Jan. 1958: Action testing constitutionality of 1956 Va. laws which provide for: 1) registration of groups financing law suits to which they are not parties; 2) penalties for activities of one race which create racial conflict; 3) punishment under barratry laws; 4) anyone bringing suit against state or local gov't. must file certain information. 3-judge Ct. held for NAACP, granted injunction restraining Va. Atty. Genl. from proceeding under Chaps. 31, 32, 35; retained complaints re Chaps. 33, 36, till NAACP secures interpretation in state cts. June 1959: U.S.S.C. (6-3) reversed, held Chaps. 31, 32, 36 need state ct. interpretation which might avoid fed'l. constitutional adjudication. Jan. 7, 1961: DC granted Pl's. motion for voluntary dismissal of cause of action re "maintenance" (see 204.4a) continuance re "running and capping" statute pending termination of 204.4b.

Oliver W. Hill, Esq., 118 E. Leigh St.; Jack Greenberg, Esq., NAACP Legal Defense & Educ. Fund, 10 Columbus Circle, NYC.

204.4a. NAACP v. Button, Va. Atty. Genl. (U.S.S.C., #5.) (366 U.S. 956, 116 S.E. 2d 55, cert. granted 369 U.S. 833.) In conformity with 3-judge ct. decision in 204.4, suit filed in State ct. under Declaratory Judgment Act for interpretation of Chaps. 33 and 36, redefining "running" and "capping", prohibiting "inducement" and "instigation" of litigation. Sept. 2, 1960: Va. Sup. Ct. of App. affirmed Cir. Ct. construction of "running" and "capping" laws as valid proscription of certain, but not all, NAACP Fund's activities in Va.; reversed on construction of "maintenance" statute, holding it unconstitutional and void. Mar. 1961: U.S.S.C. granted certiorari. Apr. 2, 1962: U.S.S.C. restored to calendar for reargument.

Robert L. Carter, Esq., NAACP, 20 W. 40th, NYC; Oliver W. Hill, Esq., Richmond; Herbert O. Reid, Esq.

204.4b. NAACP Legal Defense Fund v. Button. (Richmond Cir. Ct., #B-2879.) Action for judgment construing barratry and registration statutes, Chaps. 31, 32, 35. During oral argument, Def. conceded barratry statute unconstitutional. Aug. 31, 1962. Ct. held none of 3 statutes could be legally applied to Pl.

Jack Greenberg, Esq., NAACP Legal Def. & Educ. Fund, Inc., 10 Columbus Circle, NYC.

204.4c. Virginia ex rel. Virginia State Bar v. NAACP, NAACP Legal Defense and Educ. Fund, Inc., Va. State Conf. of Branches, NAACP. (Richmond Chancery Ct., #503.) Va. State Bar sued for injunction restraining Def.-NAACP from "continuing unauthorized practice of law" in Va. by soliciting individual members and non-members to start school desegregation suits, obtaining authorizations from clients "without explaining to them the nature or purpose thereof", employing and paying attys. without individual litigants having choice in selection, controlling litigation without communicating with or accepting instructions from clients. Defs. answers filed. Pending completion of pretrial discovery.

S. W. Tucker, Esq., 111 E. Atlantic, Emporia, Va.; Robert L. Carter, Esq., NAACP, 20 W. 40th St., NYC.

204.8. Arkansas ex rel. Atty. Genl. v. NAACP Legal Defense and Educ. Fund. (Cir. Ct., Pulaski Co., #44,679.) Dec. 1958: Atty. Genl. sued to recover statutory penalty from Def. for "doing business" in state without complying with foreign corporation's registration statute. Pending.

Jack Greenberg, Esq., NAACP Legal Def. & Educ. Fund, 10 Columbus Circle, NYC.

204.9. Arkansas ex rel. Atty. Genl. v. NAACP Legal Defense and Educ. Fund. (Cir. Ct., Pulaski Co., #45,183.) Jy. 1958: Atty. Genl. sued to enjoin Def. from violating Ark. act prohibiting corporate practice of law. Pending on Def's. objection to Pl's. interrogatories.

Jack Greenberg, Esq., NAACP Legal Def. & Educ. Fund, 10 Columbus Circle, NYC.

204.18. Alabama ex rel. Gallion v. CORE. (Montgomery Cir. Ct.) Ala. Secy. of State Frink rejected CORE's application to operate in Ala. as foreign corp., citing Cir. Ct. ruling (Dec. 29, 1961) re NAACP (204.1) Atty. Genl. Gallion applied for temporary restraining order prohibiting CORE from qualifying to do business in Ala. Feb. 3, 1962: Cir Ct. issued order.

And see 204.18a.

204.18a. CORE v. Gallion and Alabama. (MD Ala.) Feb. 1962: Pl.-organization petitioned DC to vacate state ct. injunction against its doing business in Ala. (see 204.18), alleging conspiracy between Ala. Secy. of State and Ala. Atty. Genl. Apr. 6, 1962: DC denied petition, remanded to Cir Ct. (as in NAACP, 204.1).

And see 204.18.

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210. Compulsory Registration
211. Under 1950 Internal Security Act
Pamphlets:

Foreman, Hall, Nixon, Davis, Smith, Fishman, Melish, Abt, Kempton: On this we stand together: End McCarranism. Citizens Comm. for Constitutional Liberties, 22 E. 17th St., Rm. 1525, NYC 3.

D. N. Pritt, Q. C., Liberty in chains — An examination of the new McCarthyism. Comm. for Democratic Rights in the USA, Helen Bastable, 23 Clissold Ct., Green Lanes, London N. 4.

Basic Documents on the McCarran Act, ECLC, 421 7th Ave., NYC.


211.1. Communist Party v. S.A.C.B. (U.S.S.C.) Facts: VI DOCKET 107-8. Cite: 367 U.S. 1 (1961).

Case notes: 37 Notre Dame 239-45; 26 Albany 95-102

211.1a. U.S. v. Communist Party. (DC DC.) Dec. 1, 1961: Def. indicted in 12 counts for failure to register and file registration statement pursuant to S.A.C.B. order (in 211.1). Dec. 8, 1961: Def. pleaded not guilty. Jan. 5, 1962: Def. filed motion to dismiss because: (1) registration requirement requires Def's. officers to incriminate themselves; (2) only way for Def's. officers to claim privilege is by Def. in their behalf; (3) registration statement requires Def. to express agreement with the Gov't's. condemnation of it by defining "Communist-action" organization in registration statement in statutory language, which Def. rejects as inapplicable to it; (4) Act, by permitting S.A.C.B. to determine whether Def. is "Communist-action" organization, unconstitutionally denies Def. grand jury indictment, trial by petit jury on this issue; (5) Gov't. employees on indicting grand jury could not decide impartially in this case; (6) demand for list of members, financial reports is extravagantly vague and impossible of compliance; (7) punishment of $10,000. for each offense permits prosecutor "to bankrupt a political party merely because it refuses to stigmatize itself by a public confession of guilt", in violation of Eighth Amendment's prohibition against excessive fines. Motion to dismiss indictment denied. Trial date: Dec. 11, 1962.

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

211.1b-1c. U.S. v. Hall and Davis. (DC DC, Cr. # #228-62, 229-62.) Mar. 16, 1962: Defs. arrested for failure to register the Communist Party under Internal Security Act. (See 211.1, 211.1a.) Mar. 30, 1962: Defs., alleged Party secretaries, pleaded not guilty; $5,000. bail. Defs'. motion to dismiss pending.

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

Comment:

Judicial techniques and the Communist Party: The internal security and Smith Acts construed, 31 U. Cin., 152-172.

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 register themselves as members of Communist Party under Int. Security Act, §8. Answers filed. Sept.-Nov. 1962: local hearings held in all cases. Oct. 29-Nov. 2, 1962: SACB issued registration orders against Albertson and Friedlander; appeals pending in CA DC. Other cases awaiting SACB orders.

John J. Abt, Esq., 320 Broadway, NYC and Joseph Forer, Esq., 711 14th St. NW, Washington, D.C. Local counsel: George Andersen, Esq., 240 Montgomery and Richard A. Bancroft, Esq., 683 McAllister, both of San Francisco; Ann Fagan Ginger, Esq., 1908 Virginia St., Berkeley.

211.2. Jefferson School v. S.A.C.B. (CA DC.) S.A.C.B. ordered Def.-School to register as "Communist-front" organization, based on finding that Communist Party is "Communist-action" organization and School's activities are related to it. Dec. 1956: Def. ceased operation. Proceedings stayed pending decision of C.P. v. S.A.C.B. (211.1). Oct. 1962: appeal argued.

Harry Sacher, Esq., 342 Madison Ave., NYC.

Amicus brief by Melvin L. Wulf, Esq., for ACLU, 156 Fifth Ave., NYC.

211.3. Labor Youth League v. S.A.C.B. (CA DC.) Facts and issues similar to Jefferson School (211.2).

Gruber and Turkel, Esqs., 1 Bank St., Stamford, Conn.

211.4. Nat'l. Council of American-Soviet Friendship v. S.A.C.B. (CA DC.) Facts, issues and status similar to Jefferson School (211.2). Oct. 3, 1962: appeal argued.

Forer and Rein, Esqs., 711 - 14th St. NW, Washington, D.C.

Amicus brief by Melvin L. Wulf, Esq., for ACLU, 156 Fifth Ave., NYC.

211.5. Civil Rights Congress v. S.A.C.B. (CA DC.) 1955: After hearing, hearing officer recommended Def.-organization be required to register as "Communist front". Jan. 1956: Def. dissolved at convention. Feb. 1956: exceptions to recommended order filed, with motion to dismiss for mootness. 1961: CA DC remanded to S.A.C.B. for hearing on Pet's. contention that it is defunct. Jy. 11, 1962: SACB denied Pet's. application for dismissal for mootness because organization defunct. Appeal pending in CA.

Mary Kaufman, Esq., 30 E. 42nd St.; Reuben Terris, Eeq., 154 Nassau, both of NYC.

211.6. Kennedy v. Washington Pension Union. (S.A.C.B. #114-55.) Facts, issues and status similar to 211.5 Def's. motion to re-open on basis of Jencks decision pending.
211.7. Haufrecht v. S.A.C.B. (re American Peace Crusade) (CA DC.) After hearing, S.A.C.B. ordered organization to register as "Communist front". Sept. 1957: S.A.C.B. struck testimony of Gov't. witness Isaac Alexander Wright and vacated previous registration order pending consideration of effect of striking this testimony; new registration order issued. Jan. 8, 1962: CA DC remanded to S.A.C.B. for findings re dissolution of the organization. S.A.C.B. issued report: order should remain in effect though organization discontinued. Appeal argued Oct. 10, 1962.
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Joseph Forer, Esq., for Intervenor, 711 - 14th St. NW., Washington, D.C.
211.8. California Labor School in San Francisco v. S.A.C.B. (S.A.C.B.) 1957: after hearings, S.A.C.B. affirmed hearing examiner's recommended findings requiring Def.-School to register as "Communist front". 1957: School ceased operation. Mar. 1962: CA DC remanded to S.A.C.B. for hearing on Pet's. contention it is defunct. Apr. 17, 1962: S.A.C.B. hearing held.

Gladstein, Andersen and Leonard, Esqs., 240 Montgomery St., San Francisco.

211.9. Am. Comm. for Protection of Foreign Born v. S.A.C.B. (CA DC, #15,960.) 1953: proceeding instituted; hearings held. 1959: hearing reopened to permit cross-examination of gov't. witnesses following production of documents in accordance with Jencks doctrine (see 315). June 27, 1960: S.A.C.B. issued order requiring organization to register. Aug. 25, 1960: Pet. filed petition for review. Jan. 8, 1962: CA DC remanded to S.A.C.B. for further hearings on proposal to strike testimony of Barbara Hartle. S.A.C.B. issued new registration order. Oct. 3, 1962: appeal argued.

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

Amicus brief by Melvin L. Wulf, Esq., for ACLU, 156 Fifth Ave., NYC.

211.10. Kennedy v. California Emergency Defense Committee. (S.A.C.B.) Def.-organization, established to help provide Smith Act defendants with legal defense and to urge repeal of Smith Act, dissolved March 31, 1957. May 1957: 5 days of hearings held. 1958: S.A.C.B. approved hearing examiner's recommendation for registration order. 1959: after further proceedings, S.A.C.B. again ordered Def. to register. Pending.

John T. McTernan, Esq., 3175 W. 6th, Los Angeles.

211.12. Blau v. S.A.C.B. (re Colo. Comm. to Protect Civil Liberties. (CA DC.) 1959: Bd. ordered registration of organization of Denver Smith Act Defs. (241.8) whose sole purpose was to raise funds for their defense and to propagandize against their prosecution under Smith Act. Bd. raised contention that dissolution of organization made proceeding moot. Jan. 8, 1962: CA DC remanded to S.A.C.B. for findings re dissolution of the organization and the permanence thereof. S.A.C.B. again ordered registration. Appeal argued Oct. 10, 1962.

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

211.13. Veterans of the Abraham Lincoln Brigade v. S.A.C.B. (CA DC, #13,174.) 1953: Hearings before S.A.C.B. 1955: S.A.C.B. ordered anti-Franco organization to register as Communist-front. 1962: CA DC rejected organization's request to appoint counsel. Oct. 1962: Appeal argued.

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

Amicus appearance by Melvin L. Wulf, Esq., for ACLU, 156 Fifth Ave., NYC.

211.14. United May Day Comm. v. S.A.C.B. (CA DC) Facts, issues, status of Committee which planned May Day celebrations in NYC similar to 211.13.

Amicus appearance by ACLU.

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.) July 1955: first petition filed under 1954 Communist Control Act to have a union declared a "Communist-infiltrated" organization, alleging group in leadership used Union for "Communist-inspired purposes". Hearings postponed pending C.P. v. S.A.C.B. (211.1). Feb. 1957: hearings commenced. 1959: S.A.C.B. ruled Def.-organization entitled to see statements of Gov't. witnesses to gov't. agencies; hearings resumed. Dec. 26, 1961: S.A.C.B. Examiner's recommended decision filed, finding Def. to be "Communist-infiltrated". Feb. 1, 1962: Def's. exceptions filed, objecting to: (1) failure to limit findings to 3 yr. limitations period in Act; (2) failure to deal with credibility of Pet's. main witness; (3) violation of First Amendment rights because findings and conclusions based only on political affiliation of Union's leaders and on policies and views of the Union. May 5, 1962: S.A.C.B. adopted Examiner's findings, held Def.-Union "Communist-infiltrated", found Union "has consistently taken positions in opposition to the domestic laws and the programs of the fedl. gov't. in the field of communism". Union's petition for review of order making Union ineligible to use Natl. Labor Relations Bd. and requiring labelling of all Union publications as "disseminated by a Communist organization" pending. Def.-Union's petition for determination it is no longer "Communist infiltrated" (under Int. Security Act §13A(b)) pending before S.A.C.B.

Nathan Witt, Esq., P. O. Box 156, NYC; Joseph Forer, Esq., 711 - 14th St. NW, Washington, D.C.

And see R. Dennis, 203.3.

213. Under State Laws (see also 204)
220. Listing
221. By the Attorney General of the United States
222. By Congressional Committees
And see cases at 271.
222.1. Wheeldin v. Wheeler (U.S.S.C., #69 Misc.) (283 F. 2d 535, 302 F. 2d 36.) 1958: Pl.-reporter moved to quash House UnAmerican Activities Committee subpoena and for $20,000. damages, alleging issuance of subpoena subjected him to "public shame, disgrace and ridicule and falsely stains [him] with the stamp of disloyalty". DC dismissed action. June 28, 1960: CA 9 held: Pl's. claim for injunctive relief against Comm. hearings moot; affirmed DC rejection of claim for declaratory relief; affirmed dismissal of claim for money damages against Def.-U.S. marshal and sheriff and their sureties; reversed as to Def. Wheeler, investigator for Comm., under Bell v. Hood, 327 U.S. 678, found jurisdiction to hear claim for money damages against him, remanded to DC which granted Def.-Wheeler's motion to dismiss. Oct. 8, 1962: U.S.S.C. granted certiorari: "counsel are directed to discuss the question of federal jurisdiction".

Nanette Dembitz, Esq., 55 E. End Ave., NYC and A. L. Wirin, Esq., 257 S. Spring St., Los Angeles, for ACLU of S. Calif.

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223. By State Authorities (see also 24, 281)

223.3. Elfbrandt v. Russell, Arizona Gov. Fannin. (Ariz. Sup. Ct.) Pl.-public school teacher filed suit testing constitutionality of 1961 Arizona Communist Control Act section requiring loyalty oath of all public employees, and rest of Act outlawing Communist Party in Ariz., defining sedition. Issues: breadth of oath; lack of standards for determining what organizations fall within proscription; no administrative procedure for determining proscribed organizations; First Amendment rights, including Pl.-Quaker's religious objections to swearing such oath. Pima Co. Super. Ct. denied Pl's. petition for restraining order to force Def. to continue salary payments to Pl. after she declined to sign oath. Pl. and 2 others teaching without pay. Appeal to Ariz. Sup. Ct. argued May, 1962.

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

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

242.2. Petition of Scales (Pres. John Kennedy.) (355 U.S. 1, 358 U.S. 917, 360 U.S. 924, 367 U.S. 203.) 1954: indictment for mere membership in Communist Party. 1955: convicted after jury trial; 6 yrs. June 1957: U.S.S.C. ordered reargument. Oct. 1957: Gov't. conceded conviction must be reversed under Jencks decision; U.S.S.C. reversed, remanded. 1958: Def. convicted on retrial; 6 yrs. June 1959: U.S.S.C. ordered reargument Nov. 1959; later moved to Oct. 1960. Je. 1961: U.S.S.C. affirmed (5-4). Trial ct. rejected petition by N.C. residents for reduction of sentence. Petitions for executive clemency filed.

Telford Taylor, Esq., 400 Madison Ave., NYC; McNeill Smith, Esq., Greensboro, N.C.

242.7. U.S. v. Russo. (DC Mass.) 1956: Def. arrested under Smith Act membership clause; released on bail. Oct. 4, 1962: U.S. Atty. moved for dismissal of indictment because "evidence is insufficient reasonably to sustain prosecution"; DC granted motion.
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.) May 1961: Def. — elected union official — indicted for "unlawfully, knowingly and wilfully" serving on exec. bd., Intl. Longshoremen's and Warehousemen's Union, "while a member of the Communist Party, in wilful violation" of Kennedy-Landrum-Griffin Act. Released on $5,000. bail. DC denied Def's. motion to dismiss because sec. violates First Amendment, deprives union of right to elect officials of own choice. Apr. 5, 1962: Def. tried before jury; DC granted Gov't's. objections to testimony re activities of Def. as leader of I.L.W.U., L.L.W.U. record of no strikes in yrs. for any reason (incl. no "political" strikes — alleged basis for needing Act and its predecessor Taft-Hartley Act); Def. convicted; 6 mths. Bail of $5,000. pending appeal.

Norman Leonard, Esq., 240 Montgomery St., San Francisco.

U.S. Atty. argued against permission to ACLU of N. Calif. to appear amicus since not in case at DC, U.S. aware of constitutional issues. Nov. 19, 1962: 3-judge panel of CA granted permission.

245. Under State Laws (see also 54)
250. Civil Disabilities for Membership: Federal
251. In Federal Employment (see also 30, 268)

251.15. Dew v. Halaby. (CA DC., #16,741.) Pl.-World War II veteran discharged from position as airways specialist with Fedl. Aviation Agency because, 6 yrs. prior to employment and 10 yrs. prior to discharge, while college student of 19, Pl. had engaged in homosexual acts, none of which led to conviction. Evidence in admr. hearings showed Pl. not homosexual; discharged solely on ground: if agency had known of these acts prior to employment, he would not have been hired. Issues: 1) whether discharged for such cause as would promote efficiency of service; 2) whether, after probationary period, Pl. could be discharged for conduct prior to employment. Suit for reinstatement dismissed. Oct. 15, 1962: appeal argued.

Forer and Rein, Esqs., 711 - 14th St. NW, Washington, D.C.

251.52. Re C. W. Garrott. (U.S. Civil Service Comm., Claim #720742.) Nov. 1962: Pet.-retired post office clerk was denied annuity on ground of false denial of membership in Communist Party made prior to passage of Sept. 26, 1962 amendment to 5 U.S.C. §§2281-88, making such statement grounds for denial. Nov. 1962: Suit filed for annuity, challenging constitutionality of provision. Pending.

Scupi and Witt, Esqs., 600 F St. NW, Washington, D.C.

See cases at 30.5, 30.6.

252. As to Passport Applications and Right to Travel

252.27a. Worthy v. U.S. (CA 5, #20062.) 1956: After travel in China and Hungary, U.S. citizen-newspaperman returned to U.S. 1957: State Dept. refused to renew his passport. (Worthy, 252.27, V DOCKET 26, 270 F. 2d 905, cert. den. 361 U.S. 918.) Jy. 24, 1961: Def. traveled on assignment for "Afro-American", stopped in Cuba before returning to U.S. Oct. 10, 1961. Def. wrote and lectured on Cuba. Apr. 24, 1962: Def. arrested for entering U.S. from Cuba without valid passport, under 8 U.S.C. 1185B (Imm. Act — 1952). DC denied motion for change of venue. Aug. 8, 1962: after trial without jury, Def. convicted; 3 mths. and 1 yr. probation; $1,000. bond pending appeal.

William M. Kunstler, Esq., 511 Fifth Ave., NYC; Howard Dixon, Esq., Seybold Bldg., Miami.

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Comm. for Freedom of Wm. Worthy, Suite 301, 217 W. 125th St., NYC.

252.33. Re Elizabeth Gurley Flynn. (State Dept.) After U.S.S.C. decision in C.P. v. S.A.C.B. (211.1) State Dep't. revoked Pet's. passport under 1950 Internal Security Act. Pet. appealed. Apr. 24, 1962: h'g. postponed on failure of major Gov't. witness to appear.
252.53. U.S. v. Stallings, Lazar, Yoes. (CA 9.) 3 Defs. sailed trimaran Everyman I out of San Francisco harbor toward U.S. atomic testing area (Christmas Island); 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. Appeals pending.

ACLU 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. (CA 9.) 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 (see also 341)
254. As to Veterans Disability Payments

254.2. Thompson v. Whittier. (DC DC.) (185 F. Supp. 306; appeal dism'd. 365 U.S. 465.) 1954: Def. notified Pl.-disabled veteran he had forfeited all accrued or future veteran's benefits for conviction under Smith Act. Bd. of Veteran's Appeals reinstated wife's payments, affirmed cessation of his benefits. Pl. sued on ground forfeiture under 38 U.S.C. 3504 requires showing veteran guilty of mutiny, treason, sabotage, etc., and no such charge or proof in Smith Act trial. June 28, 1960: 3-judge ct. (2-1) granted Def's. cross-motion for summary judgment, upholding constitutionality of 38 U.S.C. 3504 (V.A. payments terminated on "satisfactory evidence" recipient guilty of aiding U.S. enemy). U.S.S.C. dismissed appeal. 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.

Mary Kaufman, Esq., 30 E. 42nd St., NYC.

255. As to Social Security Benefits (see also 263, 346)
See Heikkila, 358.51.
256. In Housing Projects
257. As to Federal License Applications

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

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

258. Through Deportation Proceedings (see also 358)

258.7. Wolf v. Boyd (Imm. Serv.) (215 F. 2d 377, c.d. 348 U.S. 951; 238 F. 2d 249, c.d. 353 U.S. 936; 253 F. 2d 141; c.d. 353 U.S. 942; 287 F. 2d 520, c.d. 365 U.S. 888.) 1922: Pl. established permanent residence in U.S. 1949: Pl. arrested for deportation; charge: Communist Party membership 1938-39. H'g. officer ordered deportation to Canada. Bd. of Imm. App. affirmed; DC and CA affirmed; U.S.S.C. denied certiorari. 1959: Canadian gov't. ruled Pl. not Canadian citizen because of early marriage to American citizen. May 14, 1960: Imm. Service ordered Pl. to report for deportation to London, because her father's birth in British territory rendered her a British subject, tho never resident in England. 1960: CA 9 remanded to 3-judge ct. to decide whether alien can be deported to country she was not born in. Gov't. moved to review at admr. level. B.I.A. granted Imm. Service motion to withdraw deportation order and hold further hearings re: applicability of Rowoldt, 355 U.S. 115, possibility of discretionary relief.

John Caughlan, Esq., 702 Lowman Bldg., Seattle, Washington; Siegfried Hesse, Esq., 929 Oxford, Berkeley, Calif.

Amicus brief filed by ACLU of Washington, United Pacific Bldg., Seattle, Washington.

258.9. Gastelum-Quinones v. Kennedy (U.S.S.C., # # 39, 293.) (286 F. 2d 824.) 1920: alien, 10, entered U.S. Imm Serv. ordered alien deported after hearing in which record showed past membership in Communist Party, without more. Alien refused to testify, relying on self-incrimination privilege. Issue: who has burden of proof on Rowoldt issue of "nominal membership". DC dismissed suit to set aside deportation order; CA DC affirmed; U.S.S.C. denied certiorari. Alien moved to reopen to introduce evidence he never advocated violent overthrow, under CA decision rule. BIA refused. DC held for Def., CA affirmed. Oct., 1962: U.S.S.C. granted petition for certiorari.

Forer and Rein, Esqs., 711 - 14th St. NW, Washington, D.C.

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258.11. Simon, Firestone v. Imm. & Nat. Service. (CA 9, # 17849, 17862.) 28 aliens arrested over the years for deportation. Charge: membership in Communist Party or Young Communist League. B.I.A. ordered deportation. Apr. 1962: Pets. filed petitions in CA for review under 6-mth. limitation provision of 1961 amdt. to 1952 Imm. & Nat. Act. Gov't. moved B.I.A. to vacate deportation orders and reopen cases for further proceedings in light of Rowoldt. Nov. 6, 1962: CA 9 granted Gov't. motions to dismiss petitions; B.I.A. granted motions to vacate and reopen.

And see Gastelum, 258.9.

258.12. Scythes v. Webb. (CA 7, # 13580.) 1934: Rel. entered U.S. from Canada. 1939-1955: Rel. allegedly member of Socialist Workers Party. 1960: Rel., 52 yrs. old, ordered deported for membership in organization advocating violent overthrow of U.S. Gov't. Rel. sued to test deportation order. Sept. 13, 1962: CA 7 reversed deportation order.

Leonard S. Zubrensky, Esq., 686 W. Wisconsin Ave., Milwaukee.

Amicus appearance by Melvin A. Wulf, Esq., 156 Fifth Ave., NYC, for ACLU.

258.13. Re Eng Let Poy. (Imm. Service, San Francisco.) 1922: Resp. entered U.S. illegally from China. 1922-1962: worked as ship laundryman with home in San Francisco; became U.S. citizen. Jy. 1962: Imm. Serv. held Resp. not a citizen; refused to admit him to U.S. on return from trip. Jy.-Sept., 1962: Resp. sailed as stateless person. Dec. 5, 1962: In exclusion hearing, FBI testified Resp. admitted membership in Communist Party for 3 mths. in 1942, was cooperative witness who named others. Calif. Dept. of Employment ruled Resp. not entitled to further unemployment compensation. Dec. 10, 1962: Resp. agreed to return to Hong Kong to avoid loss of Social Security benefits if deported.

Marshall W. Krause, Esq., for ACLU of N. Calif., 503 Market St., San Francisco.

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

261.1. Wilkins v. Carlander, et al. (Super. Ct., Kings Co., # 490844.) Pl.-warehouseman in cold storage plant of Port of Seattle brought action against Def.-Commr. and other officials of Port testing constitutionality of state law requiring state employees to take oath of non-membership in Communist Party and organizations on Atty. Gen'ls. list. Issues: does statute violate First and Fifth Amendments, deprive Pl. of property in violation of Fourteenth Amendment and constitute bill of attainder. Jan. 1956: temporary restraining order issued, preventing dismissal for refusal to sign oath for indefinite time.

John Caughlan, Esq., 220 Second and Cherry Bldg., Seattle.

And see Savelle, 280.1, Baggett, 281.1a.

262. In Teaching (see also 24, 267, 281 and 342)

262.5. Golden, Detwyler and Mahin, Norman and Boyd v. Ky. State College. (ED Ky., Frankfort Div., # # 197-199.) May 1961: 2 Pl.-profs. and 11 students filed $650,000. damage action against Def.-Bd. for dismissing them in 1960. Issue: whether Pls. dismissed for anti-segregation activities with CORE. Pending.

McAlpine, Dearing and Fleming, Esqs., 608 W. Walnut, Louisville; Wm. A. Young, Esq., Frankfort, Ky.

262.9. Bd. of Trustees, Fullerton Jr. College v. Phillips. (Dist. Ct. of App.) Dec. 18, 1961: At Dilworth Act hearing, Def.-teacher admitted membership in Communist Party 1939-1957, in Socialist Workers Party 1962; denied knowing Communist Party membership within past 5 yrs. (statutory period) or that Party advocated violent overthrow, refused to name other members. Mar. 1962: Pls. sued to dscharge Def. under Calif. Educ. Code §§12965-6. Sept. 12, 1962: Super. Ct. upheld discharge. Appeal pending.

Marshall Ross, Esq., 139 S. Beverly Drive, Beverly Hills; A. L. Wirin and Fred Okrand, Esqs., 257 S. Spring St., Los Angeles.

263. As to State Unemployment Insurance Benefits (see also 255, 346)
264. As to State License Applications

264.1. Torcaso v. Watkins. (U.S.S.C.) Facts: VI DOCKET 110. Cite: 367 U.S. 488 (1961).

Case notes: 1962 Duke 272-76; 8 Howard 63-7; 31 U. of Cin. 88-92

265. In Proceedings Against Attorneys and Bar Applicants (see also 345, 373)

265.4. Schlesinger Appeal. (Pa. Sup. Ct.) Facts: VII DOCKET 9, Cite: 172 A. 2d 835 (1961).

Case note: 23 U. of Pitt. 806-09

265.21. Konigsberg v. State Bar of California. (U.S.S.C.) Facts: VI DOCKET 110. Cite: 366 U.S. 36 (1961).

Case notes: 15 Vanderbilt 634-40; 47 Iowa 507-14; 37 N. Dame 246-50; 28 Brooklyn 136-38; 45 Marq. 468-72

265.28. Willner v. Comm. on Character and Fitness. (U.S.S.C., # 995.) (182 NE 2d 288.) Applicant passed written exam for admission to N.Y. Bar; 2 attys. presented bad character charges against Appt.; Def.-Comm. rejected application. Issue: was Appt. denied due process by Def.-Comm's. refusal to require 2 attys. to confront Appt. at h'g. and submit to crossexamination. NY Ct. of App. affirmed dismissal of complaint. Je. 25, 1962: U.S.S.C. granted petition for certiorari.

Henry Waldman, Esq., 5 Beekman St., NYC.

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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)

268.1a. Graham v. Richmond. (U.S. Coast Guard App. Bd.) (272 F. 2d 517.) Action to compel Coast Guard to issue seamen's documents to Pl. [See Parker v. Lester, 268.1, 227 F. 2d 708; 235 F. 2d 787.] Def. failed to act because of Pl's. refusal to answer questions on application relating to publications he read or organizations he joined. DC dismissed complaint. CA DC (2-1) reversed, held seaman's license cannot be denied without hearing; remanded. Coast Guard hearing held; decision against App. Appeal pending.

Leonard Boudin, Esq., 25 Broad St., NYC, for Emergency Civil Liberties Comm.; Forer and Rein, Esqs., 711 - 14th St. NW, Washington, D.C.

268.7. Kreznar v. Wilson. (DC DC.) Action challenging application of Gov't. industrial personnel security program to non-sensitive positions with no authorized access to security information. Issues raised as to constitutionality of regulations and procedure thereunder. Pending.

Gerhard P. Van Arkel, Esq., 1701 K St. NW, Washington, D.C. and David I. Shapiro, Esq., 350 - 5th Ave., NYC.

268.11. Lundquist v. Marine Engineers Beneficial Assn., Local 97. (Calif. Dist. Ct. of App., 1st Div.) 1951: Coast Guard revoked Pl's. seaman's papers; Def.-union ejected Pl. 1956: Def.-Union held hearing based on Coast Guard's charges, did not reinstate Pl. Jy. 1960: Coast Guard permitted Pl. to return to port work. Super. Ct. held for Pl. in suit for reinstatement in Def.-Union, denied Pl. damages for loss of earnings 1951-1960. Oct. 11, 1962: D.C.A. affirmed. Petition to Calif. Sup. Ct. to hear appeal pending.

Albert M. Bendich, Esq., for ACLU of N. Calif., 503 Market St., San Francisco.

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

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

269. In Private Employment — Other
270. Criminal Penalties for Non-disclosure (see also 330)
271. Before Congressional Committees (see also 222, 330)
Collection:

Editorials & Resolutions in Opposition to Un-American Activities Comm. 122 pp. Jan. 1962. Natl. Comm. To Abolish the Un-American Activities Comm., 150 W. 34th St., NYC.

Law review article:

Martin Shapiro, The Supreme Court's supervision of congressional investigations, 15 Vand. 535-57.

Comment:

Scope of power of congressional investigating committees to compel testimony and production of records, statutory and constitutional defenses of non-complying witnesses, 8 N. Y. Law Forum 133-47.


271.9. U.S. v. Russell. (DC DC.) (369 U.S. 749.) 1956: Def.-engineer declined to answer questions re his own and other people's alleged Communist activities in HUAC hearing, on First Amendment grounds. Convicted of contempt under 2 U.S.C. §192, on 3 counts; 30 days and $500. CA affirmed. May 21, 1962: U.S.S.C. (5-2) reversed, Stewart, J., because indictment merely stated that questions Def. refused to answer "were pertinent to the question then under inquiry" by HUAC subcomm., without stating 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 HUAC. Harlan, J. with Clark, J., diss.: opinion contains cites to all contempt of Congress cases in DC DC 1950-1962. Sept. 1962: Def. reindicted; pleaded not guilty.

Joseph A. Fanelli, Esq., 1701 K St. NW, Washington, D.C.

But see O'Connor, 271.40.

271.10. Deutch v. U.S. (U.S.S.C.) Facts: VI DOCKET III. Cite: 367 U.S. 456 (1961).

Case notes: 30 G.W. 744-47; 28 Brooklyn 138-42.

271.12. U.S. v. Gojack. (DC DC.) (369 U.S. 749.) 1956: Def.-union official refused, on First Amendment grounds, to answer questions in HUAC hearing re alleged Communist Party membership. Convicted; 9 mths. and $200. CA affirmed. May 21, 1962: U.S.S.C. (5-2) reversed; see Russell, 271.9 Sept. 1962: Def. reindicted; pleaded not guilty.

Frank Donner, Esq., 342 Madison Ave., NYC.

271.15. U.S. v. Shelton. (DC DC.) (369 U.S. 749.) Jan. 1956: Def.-NYTimes copyreader invoked First Amendment in refusing to answer questions re political affiliations before Sen. Internal Security Sub-comm. Jan. 1957: in contempt trial, Def. proved he had been subpoenaed under writ originally issued for different newspaperman named Shelton; his name had been substituted later. Convicted; 6 mths. and $500. CA affirmed. May 21, 1962: U.S.S.C. (5-2) reversed; see Russell, 271.9. Sept. 1962: Def. reindicted; pleaded not guilty.

Joseph L. Rauh, Jr., Esq., 1631 K St. NW, Washington. D.C.

271.16. U.S. v. Whitman. (DC DC.) (369 U.S. 749.) Jan. 1956: Def.-NYTimes copy editor, subpoenaed by SISS, admitted Communist Party membership in 1930s and early '40s, declined to give names of others, claiming violation of freedom of press in First Amendment. Convicted; 6 mths. probation and $500. CA affirmed. May 21, 1962: U.S.S.C.
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(5-2) reversed; see Russell, 271.9. Def. reindicted; pleaded not guilty.

Arnold, Fortas and Porter, Esqs., 1229 - 19th St. NW, Washington, D.C.

Lawrence Speiser, Esq., in amicus appearance for NY CLU, 156 Fifth Ave., NYC.

271.19. U.S. v. Price. (DC DC.) (369 U.S. 749.) Jan. 1956: Def.-reporter for NY Daily News invoked First Amendment before SISS. Convicted; 3 mths. and $500. CA affirmed. May 21, 1962: U.S.S.C. (5-2) reversed; see Russell, 271.9. Def. reindicted; pleaded not guilty.

Harry I. Rand and Leonard B. Boudin, Esqs., for Emergency Civil Liberties Comm., 421 7th Ave., NYC.

271.20. U.S. v. Liveright. (DC DC.) (369 U.S. 749.) Jan. 1956: Def.-TV station program director invoked First Amendment before SISS. Convicted; 3 mths. and $500. CA affirmed. May 21, 1962: U.S.S.C. (5-2) reversed; see Russell, 271.9. Def. reindicted; pleaded not guilty.

Harry I. Rand and Leonard B. Boudin, Esqs., for ECLC, 421 7th Ave., NYC.

271.28. U.S. v. Grumman. (DC DC.) (370 U.S. 288.) 1958: Def.-radio operator declined to answer questions before HUAC on First Amendment and jurisdictional grounds. 1960: DC granted Def's. motion to dismiss for vagueness 3 out of 4 contempt counts re "Communist" matters, rather than about membership in Communist Party. Convicted; 4 mths. and $100. CA affirmed. June 18, 1962: U.S.S.C. reversed per curiam (5-2), citing Russell, 271.9. Oct. 1962: Def. reindicted; pleaded not guilty.

Victor Robinowitz, Esq., 30 E. 42nd, NYC and David Rein, Esq., 711 14th St. NW, Washington, D.C.

271.29. U.S. v. Silber. (DC DC.) (370 U.S. 717.) 1958: Def.-radio operator declined to answer questions before HUAC on same grounds as Grumman, 271.28. Convicted; 4 mths. and $100. CA affirmed. June 25, 1962: U.S.S.C. reversed per curiam, (5-2), citing Russell, 271.9. Reindicted; pleaded not guilty.

Victor Rabinowitz, Esq., 30 E. 42nd, NYC and David Rein, Esq., 711 14th St. NW, Washington, D.C.

271.33. Yellin v. U.S. (U.S.S.C., #35.) (287 F. 2d 292.) Feb. 1958: Def.-student declined to answer all questions before HUAC re former life as steelworker on basis of First Amendment and U.S.S.C. Watkins decision, 271.14, 354 U.S. 178. 1960: in trial without jury, Def. called Cong. Walter as witness re legislative purpose of Comm. hearings and reports; ct. rejected expert testimony of Prof. Thomas Emerson re effects of Comm. on exercise of First Amendment rights in terms of "balancing" test of Barenblatt, 271.7, 360 U.S. 109. Convicted; 1 yr. and $250. fine. Mar. 1961: Natl. Science Fdation. fellowship awarded Def. June 1961: Fellowship withdrawn after hearings before HUAC and Space Comm. re Def's. pending case. CA 7 affirmed. U.S.S.C. granted certiorari; heard argument. Dec. 6, 1962: heard reargument.

Victor Rabinowitz, Esq., 30 E. 42nd St., NYC; Burton Wechsler, Esq., 504 Broadway, Gary, Indiana.

Amicus brief by Osmond K. Fraenkel, Esq., for ACLU, 156 Fifth Ave., NYC.

271.34. U.S. v. Lehrer. (ND Ind.) Facts and issues similar to Yellin, 271.33. Awaiting disposition of Yellin before trial.

Willard Lassers, Esq., 11 S. LaSalle, Chicago.

271.35. U.S. v. Malis. (ND Ind.) Def.-steelworker declined to answer questions in same hearing on same grounds as Yellin, 271.33. Awaiting trial.

Pearl Hart, Esq., 30 N. LaSalle, Chicago.

271.36. U.S. v. Samter. (ND Ind.) Facts, issues and status similar to Malis, 271.35.

Pearl Hart, Esq., 30 N. LaSalle, Chicago.

271.40. U.S. v. O'Connor. (ND N.J.) (Cong. Rec. 2321-22, Feb. 21, 1961.) 1959: Def.-writer indicted for refusal to appear before HUAC to answer questions re political beliefs and affiliations. Issues: First Amendment rights, applicability of U.S.S.C. decision in Watkins, 271.14, 354 U.S. 178. Def. sought subpoena duces tecum under Rule 17(c), Fedl. Rules of Crim. Proc. to discover whether HUAC subcomm. was pursuing any legislative purpose in calling Def. June 24, 1960: DC denied Gov't's. motion to quash, ordered produced: (1) original minutes or minute book of HUAC subcomm. re earlier hearings authorizing subpoenas and recommending contempt proceedings against Def.; (2) all material in HUAC files re Def. and proposed list of questions to be asked Def.; (3) all material in HUAC files re Emergency Civil Liberties Comm.; etc. Feb. 21, 1961: House of Reps. directed Cong. Walter, ch. of HUAC, not to bring records to DC or surrender possession until DC determined their materiality but in no circumstances to disclose minutes of executive sessions or evidence of witnesses in respect thereto. Case never brought to trial. Fall 1962: Def. reindicted.

Leonard Boudin, Esq., 30 E. 42nd St., NYC; Morton Stavis, Esq., 744 Broad St., Newark, N.J., for Emergency Civil Liberties Comm., 421 - 7th Ave., NYC.

271.47. U.S. v. Tobin. (U.S.S.C., #391.) (306 F. 2d 270.) June 1960: House Judiciary Comm. subcomm. subpoenaed all records of Port of N.Y. Auth., including internal working papers, re persons who might have received profitable insurance contracts or other concessions. N.Y. and N.J. Governors ordered Def.-Auth. official to withhold internal working papers. Aug. 23, 1960: House of Reps. cited Def. for contempt. DC convicted; 30 days and $100. June 7, 1962: CA DC reversed, held Judiciary Comm. authority too narrow to support broad subpoena; appealed to Congress to provide method for review of Comm's. authority other than thru appeal from criminal conviction. Nov. 13, 1962: U.S.S.C. denied Gov't's. petition for cert.

Thomas E. Dewey, Esq., NYC.

Case notes: 30 G. Washington 536-41; 62 Columbia 532-37

271.48. U.S. v. Defendants. (U.S. Territorial Ct., Puerto Rico.) Nov. 1959: 11 Puerto Ricans refused to testify under subpoena by HUAC. Cited for contempt. Sept. 7, 1962: Fedl. Judge dismissed charges, held HUAC had no jurisdiction
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to interrogate witnesses since mandate permits hearings "within the U.S."
272. Before State Committees (see also 204, 213, 332)

272.4a. In Matter of Investigations by Comm. on Offenses Against Administration of Justice. (Richmond City Hustings Ct.) Comm. issued interrogatories to NAACP Legal Fund for names of donors in state who contributed more than $25. during past 3 yrs. June 1962: Fund's motion to quash denied, answers ordered; stay pending appeal granted. Petition for writ of error to Va Sup. Ct. of App. pending.

NAACP Legal Def. & Educ. Fund, 10 Columbus Circle, NYC.

272.10. Rev. Gibson v. Florida Legislative Investigation Comm. (U.S.S.C., #6.) (126 So. 2d 129.) Jy. 27, 1960: Def.-Negro minister refused on First Amendment grounds to produce NAACP membership lists while under subpoena by Pl.-Comm. Aug. 30, 1960: Cir. Ct. convicted after trial; 6 mths. and $1,200. fine; Fla. Sup. Ct. unanimously affirm-ed, citing earlier decision re same Def., (IV DOCKET 98, 108 So. 2d 729.) and Uphaus, 272.2. Ct. distinguished Bates, 204.10, and NAACP v. Ala., 204.1, because Def. here only required to give Comm. names of NAACP members alleged to be Communist Party members, not required to furnish entire list. Statute establishing Comm. held constitutional. 1961: U.S.S.C. granted petition for certiorari. Apr. 2, 1962: U.S.S.C. restored to calendar for reargument.

G. E. Graves, Jr., Esq., 802 N.W. Second Ave., Miami; Robert L. Carter, Esq., NAACP, 20 W. 40th St., NYC.

272.12. Jordan v. Hutcheson. (ED Va., Norfolk Div., #3688.) Sept. 1961: 5 officials representing Def.-State Comm. on Offenses Against the Administration of Justice entered offices of Pl.-Negro attorneys, demanding all records in integration actions filed by Pls. for Negro clients, (see e.g., Wood, 555.Va.1), served subpoenas. Oct. 1961: Def.-Comm. took Pls.' income tax returns under scrutiny. Pls. sued for injunctive relief against further subpoenas; DC issued temporary restraining order. Pls. appeared before Def.-Comm., with some of Pls'. clients similarly subpoenaed, in closed hearings. Issues: DC's jurisdiction to act against Def., whose sole function, according to Pl., is to stop integration; Def's. claim of legislative immunity. Sept. 17, 1962: DC dismissed restraining order. To be appealed.

Jordan, Dawley and Holt, Esqs., 7001 Gregory Drive, Norfolk; Henry Halvor Jones and Simon L. Cain, Esqs., 815 Fifth St. NW, Washington, D.C.; Melvin Wulf, Esq., for ACLU, 156 Fifth Ave., NYC.

Amicus appearance by Natl. Lawyers Guild, 38 Park Row, NYC, contested by Def.

273. Before Legal and Administrative Tribunals (see also 333)
274. For Refusal to Produce Records
280. Civil Penalties for Non-disclosure
281. By Teachers (see also 24, 223, 262, 342)

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.

281.5b. Re Nash, et al. (N.Y. Commr. of Educ.) 1960: N.Y.C. Bd. of Educ. charged 6 public school teachers with having falsely denied past Communist Party membership on job application blanks filed prior to 1955. Teachers allege charges are indirect method of punishment for refusal to inform by testifying re past political affiliations of colleagues, contrary to N.Y. Ct. of App. decision in Allen, 280.5, IV DOCKET 74. Trial Examiner recommended dismissal. After teachers appealed to State Educ. Commr. re inaction of NYC Bd. of Educ. on their reinstatement, Apr. 5, 1962: hearing before Bd. Issue: whether teachers have completely relinquished Communist ideology. Bd. of Educ. directed dismissal of 2, reinstatement of 4 without back pay. Appeals of 4 pending.

Rabinowitz and Boudin, Esqs., 30 E. 42nd; David Shapiro, Esq., 20 E. 46th; David Ashe, Esq., 305 Broadway, all of NYC.

281.5c. Adler v. N.Y.C. Bd. of Educ. (N.Y. Sup. Ct.) For facts, see Nash, 281.5b. Jan. 13, 1961: Pl.-teachers, suspended from teaching positions from 1955 until Jan. 1950, sued Def.-Bd. for $41,616. and $25,000. back pay. Pending.
281.12. Collins v. Huntington Beach Union High School Dist., Calif. (U.S.S.C., #503 Misc.) (21 Cal. Rptr. 65.) 1959: Pl.-teacher subpoenaed by HUAC; hearings cancelled. Comm. turned over information re Pl. to Def.-Bd. (See Sloat, 222.4, IV DOCKET 92; Tuominen, 222.6, V DOCKET 5.) At Dilworth Act hearings, Pl. declined to answer charge of affiliation with Communist organizations, claiming Act unconstitutional, denial of due process because Def. refused Pl. permission to inspect HUAC information. June 21, 1960; Super. Ct. upheld Pl's. dismissal. Calif. Sup. Ct. denied Pl's. petition for hearing. Nov. 13, 1962: U.S.S.C. denied petition of cert.; Douglas, J. of opinion cert. should be granted.

Daniel G. Marshall, Esq., 4041 Marlton Ave., Los Angeles.

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281.15. Cramp v. Bd. of Public Inst., Orange Co., Fla. (Fla. Sup. Ct.) Facts: VII DOCKET 79. Cites: 368 U.S. 278, 137 So. 2d 828.

Case notes: 28 Brooklyn 333-36; 34 R. Mt. 548-59.

281.16. Macks v. Calif. Bd. of Educ. (Dist. Ct. of App.) Pets. joined, then resigned from Communist Party. Pets. later took Levering Act oath of non-membership in group advocating violent overthrow of gov't. during 5 preceding yrs., obtained teaching credentials. 1959: Pets. subpoenaed by HUAC; described to reporters former Party membership; never called by HUAC. 1960: hearing on renewal of credentials. Issue: whether Pets. Perjured themselves in taking oath and thereby committed unprofessional conduct. H'g. officer recommended revocation of credentials, found Pets. knew Communist Party advocated violent overthrow. Calif. Bd. of Educ. affirmed revocation. Sept. 12, 1961: Pls. applied for writs of mandate requiring restoration of their teaching credentials. At trial, Super. Ct. denied Pls'. proffers of testimony on credibility of their witnesses and unreliability of Def's. witness Karl Prussion: Ct. denied Pls.' petition. Appeal pending.

Marshall W. Krause, Esq., for ACLU of N. Calif., 503 Market St., San Francisco.

281.17. In re Patrick Hancock. (Calif. Bd. of Educ.) Applicant for teaching credential refused to answer special questionnaire re past affiliations with Communist Party and groups advocating violent overthrow of Gov't. Credentials Comm., Calif. Bd. of Educ. denied credential on that ground alone, citing Konigsberg, 265.21: refusal to give information prevents Bd. from making reasonable investigation of Applicant's moral character. Aug. 24, 1962: H'g. Officer recommended denial of credential. Pending before State Bd. of Educ.

Marshall Krause, Esq., for ACLU of N. Calif., 503 Market St., San Francisco.

282. By Others (see also 343, 344)
290. Penalties for False Disclosure
291. Under Taft-Hartley Oath (see also 203, 245)
292. On Government Security Questionnaires

292.2. Ogden v. U.S. (SD Calif., C. Div., #17951 Cr.) (303 F. 2d 724, 737.) Oct. 3, 1957: Def. filed certificate of nonaffiliation with Communist Party on Defense Dept. Personnel Security questionnaire, hired as civilian writer for defense contractor. Sept. 1959: indicted under 18 U.S.C. 1001 for false denial of past or present Party membership, and affiliation. Jy. 22, 1960: DC found Def. guilty. Motion for new trial granted. Def. convicted after retrial. May 16, 1962: CA vacated and remanded to DC for further hearing on Jencks Act problems. Oct. 8-9, 1962: Hearing held in DC.

Daniel G. Marshall, Esq., 4041 Marlton Ave., Los Angeles.

293. In Miscellaneous Cases

293.2. Hucks v. U.S. (U.S.S.C., #79, Misc.) (301 F. 2d 548.) Def. hotel telephone operator indicted for: perjury before McClellan Labor-Management Comm., obstructing Comm. work, influencing witness before grand jury. Charge: Def. caused destruction of records concerning phone calls by Teamsters Union pres. Hoffa. Dec. 7, 1960: during trial Def's. counsel, with Gov't. counsel (Def's. neighbor), moved to have Def. committed to mental institution and mistrial declared. Def. objected; dismissed counsel. Mistrial declared; Def. committed. Dec. 1960: new counsel filed petitions for writ of habeas corpus; third petition granted; psychiatrist found Def. sane. Feb. 27, 1961: Def's. husband fired by his employer, C.I.A., for refusal to become Gov't. witness in this case; temporarily denied unemployment compensation for misconduct. Def. convicted after 7 wk. trial; 20 mths. to 5 yrs. DC denied petition to appeal in forma pauperis; CA granted it; affirmed conviction. Oct. 8, 1962: U.S.S.C. denied certiorari.

Benedict F. FitzGerald, Jr., Charles E. Robbins, Esqs., 983 National Press Bldg., Washington, D.C.

293.3. Los Angeles Bd. of Educ. v. Sloat. (Los Angeles Super. Ct., #794678.) Apr. 24, 1962: suit to discharge Def.-teacher (subpoenaed by HUAC, 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
Law review article:

Brian Neill, The protection of Privacy, 25 Modern L. Rev. 392-405.

Comment:

Constitutional right of privacy, 40 N.C. L. Rev. 788-99.

Case notes:

Is "false light" recognized in California? Werner v. Times-Mirror Co. (193 Cal. App. 2d 111, 14 Cal. Rptr. 208, 1961) 50 Calif. 357-64.

Invasion of right of privacy? Norris v. Moskin Stores, Inc. (132 So. 2d 321, Ala. 1961) 33 Miss. 261-63.

Person's photograph properly published in magazine may be used subsequently in advertising that magazine if photograph illustrates magazine's quality and content: Booth v. Curtis Pub. Co. (223 N.Y.S. 2d 737, 1st Dept. 1962) 48 Va. 978-81.

Unauthorized use of photograph as invasion of privacy: Oian Mills, Inc. v. Dodd (234 Ark. 488, 353 S.W. 2d 22, 1962) 16 Ark. 306-08.


295.3. St. Regis Paper Co. v. U.S. AU.S.S.C.) Facts: VII DOCKET 45. Cite: 368 U.S. 208.

Case note: 50 Calif. 537-45.

295.4. Hall v. Graybill (Orange Co. Super. Ct.) May 12-14, 1960: Pl.-U. of Calif. students participated in demonstrations against HUAC during hearing in San Francisco, arrested
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with 60 others, charged with disturbing the peace, inciting to riot. June 1, 1960: charges dismissed against all but 1. May 3, 1961: 3d Pl. acquitted after trial. 1960-61: Pls. debated Defs. re San Francisco demonstration, allege Defs. distributed copies of "mug" shots made by San Francisco police when Pls. arrested. Sept. 6, 1961: Pls. filed suit under Calif. Pen. C. §11105 for invasion of privacy, $540,000. damages. Issue: violation of statute prohibiting use of police information by private persons. Motion for change of venue denied. Pending.

Allen Nieman, Esq., 849 S. Broadway, and A. L. Wirin, Esq., 257 S. Spring St., for S. Calif. ACLU, Los Angeles.

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

Article:

Ed Clay, The police and civil rights (in Los Angeles), Frontier 1-7, May 1962.

Pamphlet:

Comm. of Inquiry into the Administration of Justice in the Freedom Struggle, Justice? 34 pp. CORE, 38 Park Row, NYC. 25c.

Books:

Miriam Allen De Ford, Stone walls: Prisons from fetters to furloughs. Chilton. 236 pp. $5.00.

Edward Bennett Williams, One Man's Freedom. Atheneum. 344 pp. $5.95.

Law review article:

Earl Warren, The Bill of Rights and the military, 37 N.Y.U. 181-203.

Comment:

Law on Skid Road, 38 Chi-Kent. 22-52.

Case note:

Use of declaratory judgment to determine constitutionality of penal statute or municipal ordinance: Meier v. Schooley (Colo. 1961, 363 P. 2d 653), 34 Rocky Mt. 414-15.

300. Searches and Seizures
301. By Wiretapping

301.11. Silverman v. U.S. (U.S.S.C.) Facts: VI DOCKET 87. Cite: 365 U.S. 505 (1961).

Case notes: 28 Brook. 151-53; 40 N.C. 115-18.

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

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

Amicus appearance by Maurice E. Sutton, Esq., 4736 University Way, and Marjorie Rombauer, Esq., 3310-59th St. S.W., both of Seattle, for ACLU of Washington.

301.20. U.S. v. Sen. Harris. (ED La., Baton Rouge Div., ##1422-1424.) Dec. 27, 1961: Ala. state sen., private detective and businessman indicted for tapping telephone conversations of two ministers and director of Am. Friends Service Comm., all opposed to racial segregation. Issue: violation of Fedl. Communications Act, §605. Pending.
301.22. Dinan v. New York. (U.S.S.C., #308.) (172 N.Y.S. 2d 496; 181 N.Y.S. 2d 122; 224 N.Y.S. 2d 624; 183 N.E. 2d 689; 184 N.E. 2d 184.) Defs. charged with bookmaking. At trial, recorded telephone conversations obtained by wiretapping comprised State's basic evidence; convicted. Issue: whether Mapp decision requires holding that ct.-ordered wiretaps may not constitutionally be received in evidence in state trials. Oct. 22, 1962: U.S.S.C. denied petition for certiorari. Douglas, J., of opinion cert. should be granted.
302. In Other Federal Criminal Cases
Comments:

Law of search and seizure — federal standards of reasonableness, 28 Brooklyn 302-23; 7 Villanova 407-37.

Case note:

Mallory rule: Police detention for questioning as an arrest: U.S. v. Vita (294 F. 2d 524, 2d Cir. 1961) 50 Calif. 348-52.


302.18. Chapman v. U.S. (U.S.S.C.) Facts: VI DOCKET 113. Cite: 365 U.S. 610 (1961).

Case note: 37 Notre Dame 250-54.

303. In Other State Criminal Cases
Law review articles:

Rex A. Collings, Jr., Toward workable rules of search and seizure, an amicus curiae brief. 50 Calif. 421-53.

Burton C. Agata. Searches and seizures incident to traffic violations, a reply to Professor Simeone, 7 St. Louis U. 1-38

Clyde W. Woody, Illegal searches and seizures — the conflict between federal and Texas courts, 6 S. Tex. 91-100.


52.25. Mapp v. Ohio. (U.S.S.C.) Facts: VI DOCKET 4. Cite: 367 U.S. 643.

Case notes: 31 U. Cinc. 41-61; 8 Howard 53-58; 4 Arizona 105-09; 1962 Duke 319-43; 39 Dicta 53-58; 110 U. of Pa. 650-83; 13 Baylor 176-9; 16 U. Miami 132-6; 13 Syracuse 160-63; 21 Md. 321-31; 38 N.D. 117-19; 26 Albany 92-95; 13 Mercer 275-77; 36 Tulane 144-48; 64 W. Va. 83-6; 1961 U. Ill. 518-21; 33 Miss. 133-35; 3 Ariz. 291-4; 15 Vand. 285-88; 42 Boston 119-24; 10 Kan. 465-68; 40 N.C.

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314-22; 9 U.C.L.A. 254-61; 14 Ala. 135-48; 47 Iowa 514-21; 15 Ark. 445; 11 Catholic U. 53-4.

Case notes:

Post-Mapp admissibility in state courts: Williams v. Ball (294 F. 2d 94, 2d Cir. 1961) 8 Wayne 351-55

Application of Mapp to state courts: Delaware v. deKoenigswarter (177 A. 2d 344, 1962) 11. Am. U. 201-06

303.35. Sackler v. Sackler. (N.Y. Sup. Ct.) Facts: VII DOCKET 81. Cites: 33 Misc. 2d 600, 224 N.Y.S. 2d 790, rev'd. 16 App. Div. 423.

Case notes: 8 Utah 84-91; 14 S.C. 433-36; 110 U. of Pa. 1043-47; 46 Minn. 1119-26; 13 Syracuse 606-07

303.39. Schaffer v. Delaware; Chalmers v. Delaware. (Dela. Sup. Ct.) (184 A. 2d 689.) Defs. arrested; held more than 2 hrs.; police continued search; evidence obtained in such search admitted against Defs.; convicted. Issue: Dela. statute authorizes detention for maximum of 2 hrs.; directs release thereafter, or arrest and criminal charge. Sept. 7, 1962: Dela. Sup. Ct. affirmed, held evidence admissible "with the affirmative consent of the person owning or in possession of the property to be searched"; rejected contention that, as matter of law, person in police custody cannot consent to search and seizure.
303.40. Washington v. Michaels. (Wash. Sup. Ct.) (374 P. 2d 989.) Def. arrested for traffic violation; police searched car; found gambling equipment; Def. arrested for illegal possession thereof. Def. moved to suppress evidence because of unreasonable search and seizure; denied. Sept. 28, 1962: Wash. Sup. Ct. reversed, held search unlawful on these facts; Def.-driver had standing to claim protection under Fourth and Fourteenth Amendments despite fact auto belonged to Def's. wife; motion should have been granted.
303.41. Hawaii v. Evans. (Haw. Sup. Ct.) Def. arrested, held at police station. Police, without warrant but with Def's. wife's consent, searched Def's. personal effects, found jewelry. June 1, 1962: Haw. Sup. Ct. held this search unlawful because wife did not have authority to permit it in her husband's absence.
303.42. Ker v. California. (Calif. Sup. Ct.) 3 Los Angeles policemen entered Defs. apartment, without search warrant, by means of key obtained from apt. house manager; told Defs. they were conducting narcotics investigation; found marijuana in kitchen; arrested Defs. Police searched apt. and car further, without warrant, discovered more marijuana. Defs. arrested for violating Calif. Health & Saf. Code, §11530; convicted. DCA affirmed. Issue: whether police violated Fourth and Fourteenth Amendments through search without warrant to discover whether crime had been committed. Appeal pending.

Amicus appearance by ACLU of S. Calif. by Paul Cooksey, Esq., A. L. Wirin and Fred Okrand, Esqs., 257 S. Spring St., Los Angeles.

Law review article:

Wayne R. Lafave, Detention for investigation by the police: An analysis of current practices, 1962 Wash. U. 331-99

Case notes:

Reels v. Tennessee (355 S.W. 2d 97, Tenn. 1962) 29 Tenn. 577-79

Pre-trial motion to suppress: New York v. DuBois (221 N.Y.S. 2d 21, Queens Co. Ct. 1961) 22 La. 842-45

Unreasonable search and seizure — retroactivity: New York v. Loria (10 N.Y. 2d 368, 179 N.E. 2d 478, 1961) 28 Brooklyn 345-49

304. Suits for False Arrest, Police Brutality (see also 580)
[All cases in this category were formerly reported at 420.]
304.1. Prof. Genovese v. N.Y.C. (N.Y. Co. Sup. Ct.) Apr. 13, 1960: Pl.-Prof. purchased an anti-Trujillo newspaper on N.Y.C. sidewalk from 2 Dominican exiles after they had been arrested on charges of soliciting funds without a license. Pl. denied food 5 p.m.-10 p.m. in jail, despite serious stomach disorder; released. 2 found not guilty; charges against Pl. dismissed. June 1960: Pl. filed $50,000. damage suit against City and policeman, charging arrest based solely on malice, Pl's. reputation irreparably harmed at Brooklyn Polytechnic Institute. Pending.
304.2. Hallowell v. N.Y.C. (NYC Controller.) May 27, 1957: Resp., 79-yr. old Negro woman, jailed for failure to obey Ct. order to submit accounting in $2,000. estate of daughter. Oct. 28, 1960: Resp., 83, released on order of Surrogate, who accused a series of attys. of abandoning her. Dec. 1960: Pl. filed claim for $850,000. against Def.-City charging she suffered loss of freedom, ill health and other damages from "unjustified" detention for 3½ yrs. Pending before Controller.
304.3. Massey v. NYC Police Commr. (Queens Co. Ct.) Aug. 12, 1957: Def. arrested at his home at 10 p.m., officers claiming Def. had thrown stones in window of woman's home. Def. never charged with act of stone throwing. Def. alleged he was brutally punched, kicked and beaten at home, on way to police station, and after arrival there. Queens Co. Spec. Sess. Ct.: Def. convicted of assault by scratching wrist and finger of policeman while resisting arrest. Jan. 6, 1959: App. Div., 2d Dept. reversed (4-1), information dismissed, held arrest without warrant unlawful since alleged crime only misdemeanor; Def. had right to resist arrest; judgment against weight of evidence. N.Y. Ct. of App. affirmed App. Div. Def's. suit against City of NY for assault and false arrest pending.

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

Amicus appearance by NY CLU by Emanuel Redfield, Esq., 60 Wall St., NYC.

304.4. Jackson v. City of New York. (NYC Comptroller.) Pl.-Negro woman under doctor's care left apartment early in morning to move husband's car on noticing, thru window, policeman ticketing all cars parked in area where tenants had been permitted to park for yrs. Policeman took Pl. to station, over her protest, held her without charge, gave
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no assistance when she became ill or fell due to illness. Pl. suing for false arrest, claiming $25,000. damages. Pending.

Jawn A. Sandifer, Esq., for NAACP, 101 125th St., NYC.

304.5. Richici v. Bielski. (Ill. Ct. of App.) 1950: Pl. subjected to brutality by Chicago police. Pl. sued Def.-policeman for damages. 1957: after trial, Pl. awarded damages; uncollected. Pl. sued City under Indemnification Statute; after trial, $50,000. judgment for Pl. City's appeal pending.

Charles Pressman, Esq., 77 W. Washington St., Chicago and Ernst Liebman, Esq., 4912 Montgomery Lane, Bethesda, Md.

304.6. Monroe v. Pape and City of Chicago. (ND Ill., E. Div., #596329.) (365 U.S. 167.) Night of Oct. 29, 1958: Police squad of 14, led by Def.-Pape, entered Pl.-Negro's home without warrant, subjected Pl's. family to indignities because of their race, arrested and held Pl. incommunicado 10 hrs., released Pl. without charge. Jan. 1959: Pl. brought damage action in fedl. DC; dismissed; CA 7 affirmed. 1961: U.S.S.C. reversed (8-1), Douglas, J.: Complaint stated cause of action against Def.-policemen; police acting "under color of" state law even though their actions in violation of state law. Dismissal of complaint against City of Chicago affirmed: Congress did not intend to make municipalities liable. Frankfurter, J., diss. On remand from U.S.S.C., trial date: Oct. 1, 1962.

Donald Page Moore, Esq., 195 W. Adams St., and John W. Rogers, Esq., both of Chicago.

304.7. Swanson v. McGuire, et al. (ND Ill., #57-C-1164.) Pl., on way to meeting of Alcoholics Anonymous, arrested, charged at police station. Next day, charge dismissed. Suit for $100,000. damages filed. Oct. 24, 1960: after argument, DC took under advisement its own motion to dismiss, pending final decision in Monroe, 304.6.

Joseph M. Taussig, Esq., 134 S. LaSalle St., Chicago.

304.8. Duble v. Brown and Chicago. (Cook Co. Super Ct., #60 S 19040.) Def.-policeman stopped car in which Pl. was riding, for alleged traffic violation; Pl. and friends followed Def. to station. Def. hit Pl. on forehead with billy club when Pl. got out of car; Pl. scarred, six stitches taken. Pl. charged with disorderly conduct; discharged. Suit filed for assault and battery, false arrest and imprisonment, malicious prosecution. Pending.

Charles Pressman, Esq., 77 W. Washington, Chicago.

304.8a. Duble v. Brown and Chicago. (ND Ill., E. Div., 61 C 1404.) Companion suit to 304.8 filed in DC under Civil Rights Act, §1983. Pending on Defs'. motions to dismiss.

Charles Pressman, Esq., 77 W. Washington St., Chicago.

304.9. Cedeno, et al. v. Lichenstein. (ND Ill., #58-C-1712.) Suit by 13 citizens of Puerto Rican descent for $3,000,000. damages for false arrest by 20 Chicago policemen and for physical injury during arrest Aug. 9, 1958 in "dragnet operation". Pls. charge they were beaten by police, held more than 24 hours without being allowed to contact attorneys or post bail, then released. DC granted Defs'. motion to dismiss as to Def.-City, denied as to individual Defs.-policemen. Pending trial.

Charles Pressman, Esq., 77 W. Washington and Donald Page Moore, Esq., 195 W. Adams St., both of Chicago.

304.10. Gonzalez v. Genl. Investigators Inc. (ND Ill., #60 C 1806.) Nov. 1960: Pl.-Mexican-Am. laborer filed suit against private detectives, city 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. Dec. 7, 1962: Oral argument on motion to dismiss some Defs.

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

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

Charles Pressman, Esq., 77 W. Washington, Chicago.

304.12. Cunningham v. Stried and Rygiel. (Lake Co. Cir. Ct.) Suit for false arrest. After trial, jury awarded Pl. $500. damages against Def.-police officers. Trial ct. granted Defs'. motion for a new trial.

Charles Pressman, Esq., 77 W. Washington, Chicago.

304.13. Wirin v. Hilden, et al. (SD Calif.) Near midnight, April 20, 1958, Pl.-atty. stopped near U.S.-Mexican border as part of Immigration and Naturalization Service regular border blockade to apprehend illegal immigrants. Def. alleges he was illegally detained, questioned, car and personal effects illegally searched and right of privacy violated. $10,500. damage action filed with request for permanent injunction against Service. Removed from San Diego Super. Ct. to Fedl. DC. Trial held on issue of damages; judgment awaited. Trial on injunction issue pending.

Nathan L. Schoichet, Esq., 360 N. Bedford Dr., Beverly Hills, Calif.

304.14. Goldberger v. Lewis. (San Francisco Super. Ct.) 1:30 a.m.: 2 Pl.-Drs. walking on roadway; Def.-policeman questioned them, said they could be arrested for being out that hour. Pls. disagreed, said arrest would be silly. Pls. arrested by Def., charged with vagrancy; spent night in jail; charges dismissed next morning. Suit filed for false arrest and imprisonment, alleging respondeat superior liability of City and Co. for tortious acts of its police officers. Pending.

Marshall W. Krause, Esq., for ACLU of N. Cal., 503 Market St., San Francisco.

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304.15. Dahlgren v. Clary. (Calif. Dist. Ct. of App.) Damage suit against Def.-police officers who forcibly extracted blood from arm of Pl., against Pl's. will and without his consent. Suit dismissed by trial ct.; appeal pending.

Stephen Rinehart, Esq., 3540 Wilshire Blvd., Los Angeles.

304.16. Lucero v. Donovan, Carnover. (SD Calif.) (300 F. 2d 441.) Oct. 4, 1960: Def.-police officers entered Pl's. home, without warrant, began searching furniture for narcotics. When Pl. objected, Def. asked "Why don't you go back to Mexico?" Pl. said she was U.S. citizen. Defs. hand-cuffed Pl., bruising and twisting her wrist; took Pl. to jail where women police attempted to search her body cavities, completing search with assistance from Def.-policemen. Pl. released next day, after seized pills proved to be vitamins; no charges filed against Pl. Jy. 1961: Pl. filed $40,000. damage action, alleging illegal search and police brutality. DC dismissed suit; CA 9 reversed and remanded for trial.

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

304.17. Rev. Morris v. Capt. Ray. (Jackson.) After convictions of 1 minister rev'd. and 14 dismissed (see 541.Miss.5), 4 Pl.-Episcopal minister Freedom Riders filed suit against 3 city police and police justice, charging false arrest under Civil Rights Act, asking $44,004. damages. Pending.

William Higgs, Esq., 707 N. Congress St., Jackson, Miss.

304.18. Rev. Jones v. Teasley. (CA 5.) May 1960: Def.-White minister, driving World Brotherhood car, arrested while eating in Negro cafe; convicted. Jan. 3, 1961: arrested for disturbing the peace on return to appeal. Jan. 25, 1961: Def. acquitted of all charges on both occasions. Pl. filed $50,000. damage suit against 17 city officials, judges and policemen, charging deprivation of his rights when he was arrested, his papers searched and seized, beaten in prison, put under mental observation for 17 days, bond raised to $1,500. DC held Pl's. complaint stated a cause of action. June 25, 1962: DC denied motion to quash jury venire because of inclusion of unrepresentative number of Negroes. June 26-Jy. 2: trial; on cross-examination, Mayor testified it was official policy of city to segregate. Jury verdict for all Defs. Appeal pending.

Benjamin E. Smith, Esq., 1006 Baronne Bldg., 305 Baronne St., New Orleans.

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

304.19. Nesmith v. Alford. (MD Ala.) (CA 5.) 1960: white prof. and 2 students from north arrested in Montgomery for eating with Negro students; convicted of disorderly conduct. 1961: Ala. Ct. of App. reversed and remanded for new trial; Cir. Ct. dismissed charges. May 1961: 3 Pls. sued for false imprisonment, illegal arrest, malicious prosecution, violation of 42 U.S.C. §§1983, 1985, asking $400,000. damages. Nov. 20-Dec. 1, 1961: jury trial; decision for Defs. Oct. 19, 1962: appeal argued.

Clifford Durr, Esq., 311 Montgomery St., Montgomery, Ala.; Benjamin Smith, Esq., 1006 Baronne Bldg., 305 Baronne St., New Orleans.

304.20. Horn v. Bailie. (CA 9.) 1935: Pl. charged with murder; at trial, confession introduced; convicted. 1959: DC granted Pl's. petition, found confession obtained by Def.-sheriff and Def.-deputies through trickery after taking Pl. to cemetery at night and threatening to bury him alive; Pl. released after serving 24 yrs. DC dismissed Pl's. suit for $90,000. damages because Wash. statute of limitations had run. Oct. 12, 1962: CA 9 reversed and remanded for trial.
310. Indictment
311. Challenge to Composition of Grand Jury (see also 510s)
312. Attacks on Character of Evidence

312.26. New York v. Molina del Rio. (NY Sup. Ct., App. Div., 1st Dept.) Sept. 20, 1960: fight broke out in restaurant between anti- and pro-Castro forces; sugar bowls, chairs flung about; 2 pro-Castroites stabbed; stray bullet allegedly fired by Def. struck and killed child. Def. indicted for murder of child on theory he had deliberately, with malice aforethought sought to murder anti-Castroite; convicted of second degree. Issues: recantation of prosecution witness after capture in Havana in unsuccessful Cuban invasion; denial of acceptable interpreter for Spanish-speaking Def. for 11 days after arrest resulting in denial of right to counsel, who spoke only English; Ct's. refusal to grant 6-mth. adjournment due to prejudice in community; Ct's. granting prosecution application for special panel of jurors, deliberate exclusion of persons of same economic strata as Def.; Ct. permitted prosecution witnesses to testify as to their activities in part, then permitted them to claim Fifth Amendment privilege in refusing to answer questions on cross-examination; whether "intent" was proved. June 29, 1961: Ct. sentenced Def.: 20 yrs. to life. Sept. 1962: appeal argued.

Samuel A. Neuburger, Andrew R. Tyler, Esqs., 30 Vesey St., NYC.

312.30. California v. Poland. (San Francisco Muni. Ct.) Oct., 1962: 18 young men and women arrested in police raid on alleged "beatnik pad", pills confiscated; charge: contributing to delinquency of minors. Oct. 20, 1962: Dist. Atty. asked that charges be dismissed; pills were vitamins not drugs.
312.31. New York v. Herbert Fields. (N.Y. Sup. Ct.) Fields and Robinson arrested; charge: robbery and assault. At trial, 3 eyewitnesses testified Fields participated in crime; both convicted. Days after trial, Robinson told atty. representing both Fields and Robinson that Fields had not participated, implicated Presley. Presley arrested; pleaded guilty; said Fields incorrectly identified. Robinson sentenced to 15-20 yrs.; Presley awaiting sentence. Sept. 28, 1962: Dist. Atty.
- 28 -

said he had found "a reasonable doubt" since Fields' conviction; Sup. Ct. reversed, freed Def.-Fields.

Joseph I. Stone, Esq., 11 Broadway, NYC.

312.32. New York v. Salvador Perez. (N.Y. Ct. of Spec. Sess.) Def. convicted on narcotics charges; released on probation. June 1961: Def. convicted of possession of burglary tools; suspended sentence; sent to Rikers Island for violation of probation on narcotics charge. Apr. 2, 1962: on completion of term, Def. sent to Remand Shelter awaiting trial, but no charges pending against him. Aug. 10, 1962: 2½ hrs. after atty. inquired about non-existent charges, Def. released.

Sara Halbert, Esq., 150 E. 23rd, NYC.

313. Charge of Entrapment
See Kai Gay, 358.a.

Case note:

Defense of entrapment available when "innocent" person induced by officer's acts to commit a crime: Pennsylvania v. Conway (173 A. 2d 776, Super. Ct. 1961) 40 Texas 711-14

314. Charge of Conspiracy
See Independent Productions, 30.1; R. Dennis, 203.3; Sobell, 355.4; Grove Press, 14.10a.

Law review article:

Morris D. Forkosch. The doctrine of criminal conspiracy and its modern application to labor: II, 40 Texas 473-508

315. Inspection of Pre-Trial Statements of Government Witnesses
(Including Jencks point, 353 U.S. 357, and Jencks Act, 18 USC 3500.)
315.4. U.S. v. Consolidated Laundries Corp. (CA 2.) Facts: VI DOCKET 115. Cite: 291 F. 2d 563 (1961).

Case notes: 1962 Duke 131-37; 62 Columbia 526-31

Law review article:

Dominick R. Carnovale, Evidentiary use of witness's prior extrajudicial statement, 29 U. Det. 393-400

316. Inspection of Grand Jury Minutes
Law review articles:

Malcolm Burnstein, Grand jury secrecy, 22 Law in Trans. 93-106

Arthur H. Sherry, Grand jury minutes: The unreasonable rule of secrecy, 48 Va. 668-84

Case notes:

Disclosure-saving in time and expense not sufficient cause for disclosure of grand jury transcript to collateral federal agency for civil litigation: In re Grand Jury Proceedings (29 F.R.D. 151, D. Pa. 1961) 48 Va. 959-64

Def. indicted for suborning witness to testify falsely before grand jury may inspect transcript of witness' testimony before grand jury: New Jersey v. Moffa (64 N.J. Super. 69, 176 A. 2d 1, 1961) 23 U. Pitt. 1024-26

320. Double Jeopardy
321. In Federal Cases
322. In State Cases
330. Self-incrimination: Criminal Sanctions for Exercising Privilege (see also 270)
Law review article:

Adrian B. Fink, Jr., The privilege against self-incrimination: A critical reappraisal, 13 West. Res. 722-36

Comment:

Waiver of privilege against self-incrimination, 14 Stanford 811-26

Case notes:

Joe Doe proceedings and coroners' inquests: Self-incrimination in preliminary investigations: South Dakota v. Halvorsen (110 N.W. 2d 132, 1961) 7 S.D. 167-73

Impeachment of demeanor of accused on witness stand—reference to reliance on privilege against self-incrimination at previous trial inadmissible: Stewart v. U.S. (366 U.S. 1, 1961) 39 Geo. Wash. 529-35

331. Before Congressional Committees
Law review article:

Jedolyn Jean Johnson Fisk, Compulsory testimony of the congressional witness and the Fifth Amendment, 15 Okla. 151-72


331.10. Presser v. U.S. (U.S.S.C., #25.) (292 F. 2d 171.) Def., Teamsters Union official, indicted for contempt of Congress for refusing to answer questions before Senate Comm. on Improper Activities in Labor-Management Field as to whether he had destroyed personal or union records after they had been subpoenaed by Comm. 1960: Def. convicted for having made broad statement about the records, thereby opening door for cross-examination on records and waiving Fifth Amendment plea against self-incrimination; 2 mths., $100. CA DC affirmed. Questions: whether proper for subpoena for union papers to be issued in blank by Comm.; whether Sen. McClellan's testimony at trial was prejudicial. Nov. 13, 1962: after argument and reargument, U.S.S.C. affirmed by equally divided vote, Goldberg, J., not sitting.

John G. Cardinal, Esq., Cleveland.

332. Before State Committees
333. Before Grand Juries and Tribunals
334. Grants of Immunity: Federal
335. Grants of Immunity: State

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

Tobias Simon, Esq., 706 Ainsley Bldg., Miami, for Fla. CLU.

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)

342.4a. Mass v. San Francisco Bd. of Educ. (San Fran. Super. Ct.) (304 P. 2d 1015.) Feb. 17, 1962: Pl.-prof. in 342.4 filed suit for reinstatement to City College position lost in 1953 after Pl. invoked Fifth Amendment privilege in refusing to answer questions in HUAC hearing, and for $65,000. in back pay, pension and retirement benefits and interest from 1953-62, $50,000. damages. Dec. 1962: Super. Ct. held Pl. not entitled to reinstatement, awarded back pay 1953-1956, when teaching credential lapsed, denied back pay 1956-1961, when new credential issued. Appeal to be filed.

Marshall W. Krause, Esq., for ACLU of N. Calif., 503 Market, San Francisco.

343. Effect on Employment—Other Public Officers (see also 261)
344. Effect on Employment — Private (see also 30, 268, 269)

344.6. United Electrical, Radio and Machine Workers of America, Local 610 v. Westinghouse Airbrake Co. (Allegheny Co. Ct. of Common Pleas, #3132.) Two employees, Union officers, suspended, then discharged for refusal to testify re past Communist Party membership before Sen. Internal Security Subcomm., claiming privilege against self-incrimination. Pl. filed grievance leading to arbitration. Adverse finding by arbitrators being appealed; to be heard by Ct. en banc.

Marjorie Hanson Matson, Esq., 1708 Law & Finance Bldg., Pittsburgh; David Cohen, Esq., Suite 612, Market St. Natl. Bank Bldg., Philadelphia.

345. Effect on Attorneys (see also 265, 373)

345.1. Cohen v. Hurley. (U.S.S.C.) Facts: VII DOCKET 116. Cite: 366 U.S. 117 (1961).

Case notes: 47 Cornell 255-62; 26 Albany 89-92

346. Effect on Unemployment Insurance and Social Security (see also 263)
And see Heikkila, 358.51.
350. Due Process
351. In Arraignment (Delay)
Case note:

Illegal delay in arraignment, admissibility of confession: New York v. Lane (10 N.Y. 2d 347, 179 N.E. 2d 339, 1961) 28 Brooklyn 342-45

352. In Grand Jury Procedures (see also 311, 316)
353. In Obtaining Confessions
Law review article:

Wilfred J. Ritz, Twenty-five years of state criminal confession cases in the U.S. Supreme Court, 19 Wash. & Lee 35-70

Case note:

Confessions admissible though obtained during illegal incarceration: New York v. Lane (10 N.Y. 2d 347, 179 N.E. 2d 339, 223 N.Y.S. 2d 197, 1961) 26 Albany 325-30


353.16. Lynum v. Illinois. (U.S.S.C., #9.) (21 Ill. 63, 171 N.E. 2d 17, c.g. 370 U.S. 933.) In trial on narcotics charge, Def's. confession introduced; convicted. Ill. Sup. Ct. affirmed. Issue: whether confession obtained by coercion, threats and promises, in violation of Fourteenth Amendment. U.S.S.C. deferred ruling on petition for cert. until Pet. secured certificate from Ill. Sup. Ct. whether its judgment intended to rest on adequate independent state ground. June 25, 1962: U.S.S.C. granted certiorari.

Jewel Stratford Rogers, Esq., 109 N. Dearborn, Chicago.

353.19. Missouri v. Cookson. (Mo. Sup. Ct. #49,202.) Def. arrested; Def's. wife and mother-in-law arrested, held; Def. signed confession; wife and mother-in-law released. Next day, Def. signed additional confessions. At trial, Ct. suppressed first confession because obtained through coercing Def. by holding relatives; admitted later confessions, which were only evidence against Def.; convicted. Appeal pending.

Morris A. Shenker, Murry L. Randall, Lawrence J. Lee, Esqs., 408 Olive St., St. Louis, Mo.

353.20. Pate v. Oklahoma. (U.S.S.C.) Sept. 16, 1959: 16-yr. old girl slain. Sept. 21, 1959: Def. arrested; questioned every day for a week, usually late at night, for 1½ to 6 hrs. Sept. 27: Def's. mother and 16-yr. old twin brothers arrested, held in protective custody, not permitted to contact relatives or lawyer; Def. told relatives would be held till Def. confessed and they might be charged with crime if he didn't confess; 11 p.m. Def. saw a lawyer for 45 minutes; Def's. mother urged him to confess; Def. confessed. Sept. 28: Def. refused to sign typed confession. At trial, Def. repudiated confession, admitted everything in it except the killing; said if he did it, he couldn't remember it. Convicted; Okla. Ct. of Crim. App. affirmed. Petition for certiorari pending.
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Amicus appearance by ACLU by Melvin L. Wulf, Esq., 156 Fifth Ave., NYC, and Kenneth B. Kienzle and David N. Ellenhorn, Esqs.
354. In Press Releases and Newspaper Coverage
Comments:

The case against trial by newspaper: Analysis and proposal, 57 Nw. U. 217-54

Fair trial v. freedom of the press in criminal cases, 35 Temple 412-32

355. In Admitting Perjured Testimony
(see also 312)
355.4. Sobell v. U.S. (CA 2.) (Pres. Kennedy.) (142 F. Supp. 515, 355 U.S. 873, 920.) 1951: Def. convicted of conspiracy to commit espionage, with Julius and Ethel Rosenberg. After appeals and cert. den., Def.-Rosenbergs executed; Def.-Sobell: 30 yrs. Motions for new trial and to vacate conviction on grounds, inter alia: (1) Gov't. knowingly used perjured testimony; (2) Gov't. suppressed evidence which would have helped Def. and impeached Gov't. case; (3) Gov't. during hearing on motion in arrest of judgment made false representations to Ct.; (4) Def. illegally removed from Mexico by U.S. Gov't. agents; denied. Several clemency petitions by thousands filed with Pres.; denied. Oct. 30, 1962: first open hearing before Parole Bd. Dec. 7, 1962: CA 2 heard argument on Def's. motion to vacate conviction and sentence based on: (1) improper trial conduct of prosecutor in drawing inference of Def.-E. Rosenberg's guilt from her claim of privilege against self-incrimination before grand jury (Grunewald, 333.7 (353 U.S. 391) 1957); (2) charge to jury omitted element that alleged crime committed in wartime (Lee v. Madigan, 356.2 (358 U.S. 228) 1959). Pending.

Marshall Perlin and Sanford Katz, Esqs., 342 Madison Ave., NYC.

356. In Courts Martial (see also 390)

356.14. U.S. ex rel. Anderson v. Mountain Home Air Force Base Officials. (DC Ida.) Apr. 9, 1962: mother and son of Air Force man killed; neighbor-Rel. also in Air Force, notified police. Apr. 10, 1962: Rel. arrested; charge: first degree murder. After 8 days of questioning by Air Force, Rel. signed confession; later repudiated it. Rel. held in stockade pending trial. Nov. 1962: Dickie confessed murder, said he could clear Rel. Dec. 5, 1962: hearing on habeas corpus petition against Air Force which continued to hold Rel. Pending.
357. In Naturalization Proceedings (see also 259)
358. In Expatriation, Denaturalization and Deportation Proceedings (see also 258, 259)
Law review article:

David W. Masey, Loss of nationality: Individual choice or government fiat? 26 Albany 151-86

Case note:

Government need not disclose evidence in denying alien stay of deportation: Milutin v. Bouchard (299 F. 2d 50, 3d Cir. 1962. U.S.S.C. vacated as moot. June 19, 1962) 14 Stanford 861-68


358.8. Kennedy v. Mendoza-Martinez. (U.S.S.C., #2.) (356 U.S. 258; 362 U.S. 384; 365 U.S. 865, 876.) American-born citizen went to Mexico at time of World War II. On return, charged with draft evasion; pleaded guilty; served term. On release, DC ordered denaturalization; CA 9 affirmed. Apr. 1958: U.S.S.C. vacated judgment, remanded to DC "for determination in light of Trop, 356 U.S. 86". Oct. 1958: DC held Sec. 40j of 1940 Nationality Act unconstitutional for imposing expatriation on native born citizens who remain outside U.S. to avoid war-time military service. Apr. 1960: on Gov't. appeal, U.S.S.C. (6-3), per curiam, remanded to DC for decision on whether Gov't. collaterally estopped from challenging Def's. citizenship since citizenship status necessarily adjudicated in draft evasion case. DC held for Def. Fall 1962: reargued before U.S.S.C.

Thomas R. Davis, Esq., Bakersfield, California.

358.17. Rusk v. Cort. (U.S.S.C., #3.) (187 F. Supp. 683, 369 U.S. 367.) 1952: Pl.-American citizen-Dr. moved to England. 1953: Pl. ordered to report for induction into U.S. Army. Pl. remained abroad; indicted for failure to obey draft board order; State Dept. declared Pl. expatriate, refused him a passport. Pl. sued to recover citizenship. Oct. 11, 1960: 3-judge fedl. ct. granted Pl's. motion, held sec. of 1952 Immigration Act unconstitutional for using expatriation as cruel and unusual punishment. Apr. 2, 1962: U.S.S.C. (6-3) affirmed, Stewart, J.: person outside U.S. denied right of citizenship not confined to procedures in 1952 Imm. and Nat. Act, but may sue for declaratory and injunctive relief under A.P.A. (5 U.S.C. 1009). Harlan, Frankfurter, Clark, J.J., diss. Reargument Dec. 1962 on expatriation question.

Leonard B. Boudin, Esq., 30 E. 42nd St., NYC.

Case note: 7 Villanova 683-89

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

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

358.21. E. Rockwell v. Rusk. (DC DC.) 1948: Pl.-18 yr. old Quaker refused to register for selective service; arrested; convicted; 18 mths. Prison officials registered Pl. for draft. 1950: Pl. obtained passport, went to Costa Rica. 1951: draft bd. issued induction order; Pl. alleges he was not notified. 1952: Am. Embassy notified Pl. he had lost U.S. citizenship. Dec. 1961: Dept. of State Bd. of Rev. on Loss
- 31 -

of Nationality upheld expatriation order. Feb. 16, 1962: Pl. sued for declaratory judgment; pending.

David I. Shapiro, Esq., 777 14th St., NW, Washington, D.C.

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, ACLU of N. Calif., 503 Market St., and George Duke, Esq., both of San Francisco.

358.23. Schneider v. Rusk. (U.S.S.C., #251.) 1934: Pet. born in Germany. 1939: Rel. and parents moved to U.S. Rel. naturalized. 1956: Rel. married German exchange student in U.S., moved to Germany, where 3 children born. 1961: U.S. State Dept. contends Rel. lost U.S. citizenship for living more than 3 yrs. in country of birth, under 1952 Imm. & Nat. Act. Oct. 15, 1962: U.S.S.C. granted Rel's. petition for certiorari.

Horst Kurnik, Esq., 27 William St., NYC.

358.51. Heikkila v. Barber. (Soc. Sec. Admr., Office of Hg's. and App.) Soc. Sec. Admr. denied Pet's. widow $255. lump sum death payment; ground: payments forbidden where decedent deported from U.S. and not readmitted for permanent residence before death. Pet. resided in U.S. at time of death, absent only during "kidnapping" by Def.-Service in 1958. (See VI DOCKET 29.) Hearing before Soc. Sec. Bd. referee pending.

Lloyd McMurray and Rubin Tepper, Esqs., 785 Market St., San Francisco.

358.59. U.S. v. Marks. (CA 2.) 1923: Pet. born in Milwaukee. 1958: Pet. went to Cuba, fought with Castro, after revolution became gov't. official. July 22, 1960: Pet. re-entered U.S. Jan. 27, 1961: Pet. arrested, charged with illegal entry because entered U.S. without alien's visa. June 1, 1961: Imm. Serv. hearing officer ruled Pet. deportable. B.I.A. affirmed. Pet. freed on $10,000 bail. Mar. 30, 1962: DC granted petition for habeas corpus writ against deportation order because continued custody improper since Def. "is stateless"; held Pet. forfeited U.S. citizenship by serving in Cuban army without U.S. authorization under 1952 Imm. Act; loss of citizenship of native-born citizen is not "cruel and unusual punishment". Appeal pending.

Murray A. Gordon, Esq., 401 Broadway, NYC, for ACLU.

358.60. Marcello v. Kennedy. (CA DC, #16553.) 1910: Def. brought to U.S. from Italy, aged 8 mths. 1938: Def. convicted under Marihuana Tax Act. 1953: Def. arrested for deportation for 1938 conviction. 1955: U.S.S.C. Justice Black ordered Imm. Serv. to give Def. 3 days notice of proposed deportation. Apr. 5, 1961: Def. reported to Imm. Serv. in regular visit as alien; handcuffed; forbidden to phone family or obtain clothes or money; driven to airport, flown in Imm. Serv. plane to Guatemala. June 5, 1961: Def. arrested in U.S. for illegal entry, deportation proceedings instituted, $10,000. bond. Issues: constitutionality of 8 U.S.C. §1253(a) (7) permitting deportation of alien to any country which will accept him; is this cruel and unusual punishment? Oct. 12, 1962: appeal argued.

David Carliner, Esq., and Jack Wasserman, Esq., both of Warren Bldg., Washington, D.C.

Lawrence Speiser, Esq., 1101 Vermont Ave. NW., Washington, D.C., amicus for ACLU.

358.a. U.S. v. Dear Kai Gay. (CA 9.) Under so-called "Chinese confessions program" of Imm. Serv., immunity from prosecution offered to members of Chinese community who confess true identities to Serv. after using false identities to enter U.S. Def. indicted for conspiracy to conceal facts re citizenship and falsely represent self as citizen in violation of 18 U.S.C. §§1001, 371, and §1425, unlawful procurement of certificate of citizenship. Issue: whether Def. singled out for prosecution because of membership in now defunct organization alleged to be sympathetic to Communist China. DC denied motion to dismiss and for production of documents to show prosecution witnesses themselves entered U.S. by claiming false identities but received immunity from prosecution. Def. convicted. Nov. 6, 1962: appeal argued.

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

359. In Loyalty Hearings (see also 251 and 268)
360. Speedy and Public Trial
Case notes:

Accused does not waive right to speedy trial by inaction: Hicks v. Colorado. (364 P. 2d 877, 1961) 34 Rocky Mt. 397-99

Undue haste in bringing Def. to trial violates state due process: Toland v. Strohl (364 P. 2d 588, 1961), 34 Rocky Mt. 392-94

370. Right to Counsel
Comment:

Right to counsel in administrative hearings, 26 Albany 276-87

371. In Federal Cases

371.5. Jamison v. Chappell. (CA DC, #17059.) Pl.-prisoner in Fedl. penitentiary sued for declaratory relief against Def.-members, U.S. Bd. of Parole. Issue: validity of parole revocation hearings in which prisoners not permitted to examine evidence or witnesses against them; not informed of charges in detail; not given reasonable opportunity to present witnesses in own behalf; not provided counsel if unable to retain own. DC granted summary judgment for Defs. Oct. 24, 1962: this and 3 similar cases argued on appeal.

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

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372. In State Cases
Case note:

Murder Def's. right to consult counsel at pre-indictment questioning by state officers: New York v. Noble (9 N.Y. 2d 571, 175 N.E. 2d 451, 1961) 22 Md. 75-76

Comment:

Right to counsel in Colorado, 34 Rocky Mt. 343-58


372.14. Hamilton v. Alabama. (U.S.S.C.) Facts: VII DOCKET 49. Cite: 368 U.S. 52.

Case note: 14 Ala. 431-38

372.19. Gideon v. Cochran. (U.S.S.C., #155.) (135 So. 2d 746.) Pet. charged with felony of breaking and entering with intent to commit petit larceny, punishable by 5 yrs. or $500., or less. Pet. asked trial ct. to appoint counsel; refused. Pet. represented himself; cross-examined State's witnesses, examined witnesses on his behalf. Convicted by jury; 5 yrs. 1961: Fla. Sup. Ct. denied Pet's. handwritten petition for habeas corpus. June 4, 1962: U.S.S.C. granted Pet's motion to proceed in forma pauperis and petition for certiorari; appointed counsel; requested counsel to discuss whether Betts v. Brady, 316 U.S. 455, should be reconsidered. Issues: Whether Fourteenth Amendment requires appointment of counsel to represent indigent Defs. in every criminal case involving a serious offense; whether demands of federalism dictate continued adherence to Betts. Pending.

Abe Krash, Ralph Temple and Abe Fortas, Esqs., 1229 19th St. NW, Washington, D.C. [with assistance of John Hart Ely, Yale Law student.]

372.20. Pennsylvania ex rel. Simon v. Maroney. (U.S.S.C., #41 Misc.) (195 Pa. Super. 613, 171 A. 2d 889; 405 Pa. 562, 176 A. 2d 94.) 1942: 18-yr. old illiterate moron (IQ 59), without previous criminal record, without counsel, pleaded guilty to 5 felonies; 20-40 yrs. Pa. Sup. Ct. affirmed denial of petition for habeas corpus. Mar. 1962: petition for certiorari filed; pending.

Marjorie Hanson Matson, Esq., 1706 Law & Finance Bldg., Pittsburgh, Pa.; Rowland Watts, Esq., 156 Fifth Ave., NYC.

372.21. New York v. Coe. (Oneida Co. Ct.) (232 N.Y.S. 2d 944.) 1948: indigent Def. convicted; did not appeal. 1962: Pet. filed writ of error coram nobis alleging ct.-appointed atty. advised Def. he would need money to buy transcript and print record, and this error prevented Def. from perfecting appeal. Sept. 29, 1962: Co. Ct. denied application for writ, held no state action: "To grant Def's. application would clearly require a finding that assigned counsel becomes an officer, agent or employee of the state upon his assignment to defend an indigent Def."

And see cases at 452.

372.22. Alabama v. Sanders. (10th Jud. Cir. Ct., Jefferson Co.) June 5, 1962: Indigent Negro Def. charged with murder and robbery of white man. June 11, 1962: Ct. appointed counsel to defend, under 1940 Ala. Code, Tit. 15, §318 providing $50.-$100. fee. Nov. 1962: Def. moved to quash indictment because: (1) $3,000. needed to investigate and prepare case; (2) Def. penniless; (3) no state or co. funds available for this; (4) assigned counsel system results in prejudice to indigent; (5) every step of criminal case involves racial segregation and exclusion of Negroes except as Defs., all in violation of due process and equal protection clauses of Fourteenth Amendment. Pending.

Charles Morgan, Esq., 736 Bank for Savings Bldg., Birmingham.

And see cases at 512.

373. Indirect Restrictions (see also 265, 345)
Law review article:

Abraham S. Goldstein and Edith W. Fine, The indigent accused, the psychiatrist, and the insanity defense, 110 U. of Pa. 1061-91

374. Opportunity for Appellate Review
Case note:

County courts must provide court reporter in all criminal cases unless expressly waived: Herren v. Colorado (363 P. 2d 1044, 1961) 34 Rocky Mt. 402-05

380. Confrontation
381. In Criminal Cases
382. In Civil Cases

382.1. D. Williams v. Zuckert. (U.S.S.C., #133.) (296 F. 2d 417.) 1943-1959: Pl. recreational supervisor under civil service, lastly at U.S. Air Force Academy. Mar. 1959: Academy ordered Pl. not to be admitted to its grounds; charge: 3 attempted homosexual attacks on 3 airmen. Pl. denied all charges; suspended without hearing or opportunity for confrontation, May 1959: at Civil Service Comm. hearing challenging his removal (under Veterans Preference Act, 5 U.S.C. §863), 3 airmen submitted affidavits; Air Force refused to produce them because their "character and reputation" were such they could not have been discredited on cross-examination. Mar. 1961: CA affirmed. May 1962: U.S.S.C. granted petition for certiorari.

Sidney Dickstein and David Shapiro, Esqs., 1411 K St., Washington, D.C., Melvin Wulf, Esq., 156 Fifth Ave., NYC, and Lawrence Speiser, Esq., 1101 Vermont Ave., Washington, D.C. for ACLU.

382.2. Re Martin Birnbaum. (Army Discharge Rev. Bd.) At hearing before Field Bd. of Inquiry on type of discharge for Pet. from inactive reserves, Gov't. refused Pet's. demand to confront Gov't's. witnesses; undesirable discharge issued. Army Discharge Rev. Bd. affirmed. Application for reconsideration granted; discharge changed to honorable, held confrontation required.

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

And see Willner, 265.28.

390. Jury Trials (see also 356, 510)

390.4. Fletcher v. Cavell. (Greene Co., Pa. Ct.) (395 Pa. 134, 149 A. 2d 434, 287 F. 2d 792, c.d. 370 U.S. 960.) Def. convicted of first degree murder in trial before jury including relative of deceased and son-in-law of Co. detective in charge of prosecution of Def. Pa. Sup. Ct. denied petition for habeas corpus; U.S.S.C. denied certiorari. DC, after hearing, granted stay for consideration of constitutional issues by Pa. S. Ct., which again denied habeas corpus petition; U.S.S.C. denied certiorari. DC refused to issue writ because Co. detective's testimony merely cumulative; relationship of deceased to juror too remote. CA 3 affirmed; 1962: U.S.S.C. denied certiorari. New trial granted; after trial, Def. found not guilty.

Marjorie Hanson Matson, Esq., 1708 Law & Finance Bldg., Pittsburgh, Pa.

Amicus appearance by ACLU.

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390.6. Tennessee v. Myers and Horton. (Tenn. Sup. Ct.) Defs. charged with gun battle killing of 2 deputy sheriffs; mistrial. Mar. 1962: at second trial, 1,400 veniremen questioned; all but 2 said they had formed opinion, couldn't give fair verdict, or related to principals. Trial judge denied Pros. Atty's. motion to obtain jurors from outside Co. June 4, 1962: Tenn. Sup. Ct. affirmed. Petition for certiorari filed.

Howard Rhea, Esq., Sneedville, Tenn.; Burkett McInturff, Esq., 132 Broad St., Kingsport, Tenn.; J. Edward Hyder, Esq., 114½ E. Main St., Rogersville, Tenn.

400. Excessive Bail; Parole Conditions
401. Amount of Bail
402. Conditions Imposed
403. Denial of Bail
Comment:

Determination of accused's right to bail in capital cases, 7 Villanova 438-50

410. Cruel and Unusual Punishment
411. In Criminal Cases

411.10. Newsom v. California. (Calif. Adult Auth.) 1949: 2 persons murdered; Def. tried for murder; found guilty; Calif. Sup. Ct. reversed. Def. tried again for murder; jury disagreed. Def. tried again for murder; jury disagreed. 1950: Def. tried for pre-1949 robbery, convicted; indeterminate sentence. Since 1953: prosecution basis for opposing parole: Def. guilty of murder. Feb. 9, 1960: Super. Ct. denied Def's. petition to set definite limit on sentence for robbery. Dec. 1, 1960: Adult Authority review of case after 10 yrs. imprisonment. Def. transferred to minimum security prison after protests. Dec. 1962: Def. released.

Bertram Edises, Robert Treuhaft, Esqs., 1440 Broadway, Oakland, California.

411.11. Winston v. U.S. (U.S.S.C.) (305 F. 2d 253.) 1959: Pl.-Negro Communist Party leader serving 8 yr. sentence under Smith Act conspiracy conviction (see Dennis, 341 U.S. 494) suffered dizziness, vision difficulties. Prison Dr. diagnosed as borderline hyper-tension, told Pl. to reduce weight. Jan. 1960: Pl. hospitalized. Feb. 1960: brain tumor removed; Pl. permanently blind; temporarily paralyzed. Nov. 7, 1960: Pl. filed $1,000,000. damage action against U.S., charging negligence, wrong diagnosis. DC dismissed complaint; CA 2 reversed, reinstated Pl's. complaint, held Fedl. Tort Claims Act does not except prisoners. June 1962: CA 2, en banc, affirmed (5-4). Dec. 3, 1962: U.S.S.C. granted certiorari.

John J. Abt, Esq., 320 Broadway, NYC.

Case note: 110 U. of Pa. 1048-51

411.12. Kennard v. Breazeale. (ND Miss., #D-C-46-62.) (128 So. 2d 572, c.d. 368 U.S. 869.) Def.-Negro from Miss. finished 3 yrs. at U. of Chicago; returned to Miss. 1958: Def. applied for admission to Miss. Southern U.; after conference with Gov. and MSU Pres., agreed to withhold application till after elections. 1959: Def. reapplied; rejected for undisclosed "deficiencies and irregularities" in application. After interview, Def. arrested; charge: reckless driving; charge added at police station: illegal possession of liquor. Convicted; $600. Appeal denied. 1960: Def. charged with receiving 5 bags of stolen chicken feed and being accessory to theft. State's chief witness was illiterate teen-ager charged with actual theft. Both convicted; teen-ager: 5 yrs. on probation; Def.: 7 yrs. in Penitentiary. Def. serving sentence; notified time spent in hospital will not be credited to sentence. Nov. 22, 1962: DC issued writ of habeas corpus. Dec. 10: hearing.

NAACP Legal Def. and Educ. Fund, 10 Columbus Circle, NYC.

Article: Ronald A. Hollander, One Mississippi Negro who didn't go to college, The Reporter, Nov. 8, 1962.

411.13. Cobb v. Georgia. (U.S.S.C., #376.) (126 S.E. 2d 231.) Def., 15-yr old Negro tenant on Dumas farm, indicted for murdering Dumas, 70-yr. old white man, after argument re fishing on lake. Convicted by all-white jury, no recommendation of mercy; death penalty. Ct.-appointed counsel did not appeal. New counsel moved for new trial. Issue: systematic exclusion of Negroes from jury in Jasper Co. Trial ct. denied motion for new trial. Ga. Sup. Ct. affirmed. Petition for certiorari pending.

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

411.17. In re Solomon Foster. (Santa Clara Co. Super. Ct.) Pet. voluntarily committed himself to State Hospital for help in treatment of alcoholism. After 10 days, involuntarily comitted to Co. jail for 1 yr. sentence; given same work as prisoners, received no medical treatment for alcoholism. Oct. 29, 1962: Super Ct. discharged writ; Pet's. appeal pending.

Solomon Zeltzer, Esq., 1655 W. San Carlos, San Jose and Marshall W. Krause, Esq., for ACLU of N. Calif., 503 Market St., San Francisco.

411.18. Re Jonathan Wagner. (Cmdr. Stebbins, Troopship General Patrick.) Sept. 1962: Am. student in Japan arrested while
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participating in demonstration with Japanese socialists; released; ordered deported because visa had expired and he was penniless. U.S. State Dept. booked passage on troop ship under customary procedure in such cases. Lt. Cmdr. Stebbins put Wagner in solitary confinement in ship's brig throughout voyage to "protect my men. . . . He's a socialist, an admitted demonstrator. That's enough for me." On landing, Imm. authorities held some of Stebbins' books.

Comment: Capital punishment, 29 Tenn. 534-51

412. In Extradition Cases

412.10. In re Albert Owings. (N.J. Gov. Hughes.) (370 U.S. 928.) Def. pleaded guilty to highway robbery and larceny. 1947: Def. escaped from S.C. chain gang while a trustee. 1947-1960: Def. lived lawabiding life in New Jersey. 1960: Def. arrested at motel, held for extradition. Aug. 19, 1960: N.J. Gov. Meyner honored requisition of S.C. Gov. Oct. 21, 1960: Middlexes Co. Ct. rejected evidence of Def's. good character since 1947 escape; upheld Gov's. extradition order. App. Div. affirmed; N.J. Sup. Ct. affirmed. 1962: U.S.S.C. denied petition for certiorari. N.J. Gov. Hughes cancelled extradition proceedings.

Rudolph L. Zalowitz, Esq., Elizabeth, N.J.

And see Mallory extradition issue in Crowder, 58.22.

413. In Civil Cases*
430. Due Process for Juvenile Offenders
See Cobb, 411.13; Codarre, 440.1; Covington, 59.22b, 59.22a.

Law review articles:

Hon. John J. Molley, Juvenile Court—a labyrinth of confusion for the lawyer, 4 Ariz. 1-25

Hon. Don J. Young, Jr., A synopsis of juvenile court law, 31 U. Cincinnati 131-50

Otto Miller III. Failure to proceed correctly against minor defendants, 23 Ohio S. 461-72

Gilbert Geis, Publication of names of juvenile felons, 23 Montana 141-57

Ronald J. Harpst, Evidence problems in juvenile delinquency proceedings, 11 Cleve.-Marshall 489-94

Case note:

Pre-waiver admissions of juvenile inadmissible in subsequent criminal trial: Harling v. U.S. (295 F. 2d 161, D.C. Cir. 1961) 46 Minn. 967-74


430.2. California v. Viohl. (Muni. Ct., City and Co. of San Francisco, #G-53454.) Sept. 17, 1962: Def.-18 yr. old student arrested; charged with violating Muni. Police Code §538, making it unlawful for 3 or more persons under 21 yrs. to congregate between 8 p.m. and daylight. Guilty plea withdrawn after counsel retained. Oct. 29, 1962: Ct. sustained Def's. demurrer; held ordinance unreasonable and therefore unconstitutional.

Marshall W. Krause, Esq., for ACLU of N. Calif., 503 Market St., San Francisco.

430.3. Benj. Harris v. Kennedy. (DC DC, #2111-62.) Declaratory judgment action by Pl.-youth challenging legality of transfer of juveniles committed to Natl. Training School for Boys to adult institutions, under D.C. Juvenile Court Act, §14. Nov. 28, 1962: argued; decision awaited.

Lawrence Speiser, Esq., 1101 Vermont Ave.; John Koch and Markham Ball, Esqs., 701 Union Trust Bldg., all of Washington, D.C.

440. Due Process for Incompetent Defendants
Law review article:

Robert L. Tuma, Civil rights of the mentally ill in Ohio, 11 Cleve.-Marshall 306-12


440.1. New York v. Codarre. (N.Y. Ct. of App., #226.) (285 App. Div. 1087, 140 N.Y.S. 2d 289 (1955) aff'g. 206 Misc. 950, 138 N.Y.S. 2d 18; 5 A.D. 2d 1016, 174 N.Y.S. 2d 123 (1958), aff'g. 8 Misc. 2d 145, 167 N.Y.S. 2d 443; 215 N.Y.S. 2d 731 (1961) aff'g. 24 Misc. 2d 902, 205 N.Y.S. 2d 523; 223 N.Y.S. 2d 457, 179 N.E. 2d 475.) 1943: Def.-13 yr. old argued with girl friend, killed her during epileptic attack. During trial, Def. pleaded guilty to second degree murder; 30 yrs. to life. May 10, 1960: Def. applied for writ of error coram nobis; denied. May 3, 1961: N.Y. Ct. of App. granted permission to appeal. Issue: whether state procedure which permits epileptic 13 yr. old to plead guilty to murder in any degree violates Fourteenth Amendment due process clause. Nov. 30, 1961: N.Y. Ct. of App. granted Def's. writ of error coram nobis. Hearing in Dutchess Co. Ct. held; decision awaited.

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

Case note: 38 N. Dakota 522-24

440.2. Lynch v. Overholser. (U.S.S.C.) Facts: VII DOCKET 17. Cite: 369 U.S. 705.

Case notes: 10 Kansas 472-75; 50 Calif. 143-48

440.3. New York ex rel. Rosario v. Officials, Matteawan State Hospital for Criminal Insane. (Bronx Crim. Ct.) 1958: Rel. married, 2 children; arrested; charge: felonious assault on wife and patrolman arresting him after dispute with male boarder. Rel. told psychiatrists the boarder was his wife's lover, drank blood from his arm; committed to Def.-institution. In 17 interviews, Rel. told same story. 6 petitions for writs of habeas corpus denied. June 1962: Rel. retained counsel by mail, told same story; counsel corroborated story from Rel's. wife: boarder boasted of manhood by drinking his blood in his beer. Atty. demanded Rel's. release. Sept. 30, 1962: assault case dismissed; Rel. released.

Manuel Zapata and Sara Halbert, Esqs., 150 E. 23rd, NYC.

450. Post-Conviction Remedies
Law review article:

Philip A. Trautman, New trials for failure of substantial justice, 37 Wash. 367-403

Comment:

Constitutional rights of prisoners: The developing law, 110 U. Pa. 985-1008

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451. In State Courts in State Cases

451.1. Otsuka v. Hite. (Los Angeles Super. Ct.) Pls.-conscientious objectors, convicted of refusal to serve in Armed Forces, filed declaratory judgment suit testing constitutionality of Calif. Const. provision prohibiting convicted felons from voting. Dec. 19, 1962: hearing.

Richard W. Petherbridge, Esq., 2591 Riverside Terrace, and A. L. Wirin, Esq., 257 S. Spring St., both of Los Angeles, for ACLU of S. Calif.

Case notes:

Supreme Court could consider Pet's. points of error notwithstanding said points were not assigned as error in Ct. of Civil App. but merely argued at length: Perkins v. Ingalsbe (347 S.W. 2d 926, Tex. Sup. Ct. 1961) 6 S. Tex. 138-39

Unreasonable delay in imposing sentence caused trial court to lose jurisdiction subsequently to impose sentence: New York ex rel. Harty v. Fay (10 N.Y. 2d 374, 179 N.E. 2d 483, 223 N.Y.S. 2d 468, 1961) 36 St. John's 345-51

452. In Federal Courts in State Cases
Law review article:

Charles S. Desmond, Federal habeas corpus review of state court convictions, 50 Georgetown 755-64


452.1. Fay v. Noia (U.S.S.C., #84.) (183 F. Supp. 222, 300 F. 2d 345, cert. granted 369 U.S. 869.) 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.

Case notes: 62 Columbia 1077-84; 48 Va. 761-65

452.2. Mattox v. Sacks. (U.S.S.C.) (176 NE 2d 221; 369 U.S. 656.) Def. charged with assault with intent to kill; tried without counsel; convicted. Def. filed petition for habeas corpus in state ct.; denied. Def. appealed conviction; Ohio Sup. Ct. affirmed, held time for appeal had elapsed. Def. again filed petition for habeas corpus. Issues: denial of counsel, deprivation of due process. Ohio Sup. Ct. denied writ. May 14, 1962: U.S.S.C. denied petition for certiorari, held, per curiam: under Ohio decision, when Pet. without state remedy to challenge conviction on fedl. constitutional grounds he may file application for habeas corpus in DC.
452.3. U.S. ex rel. Kapatos v. Officials, NYC Prison. (SD NY.) 1938: Def. tried for murder; convicted of second degree; 20 yrs. to life. 1960: Def. paroled. 1961: indicted for receiving stolen goods; pleaded guilty; served 1 yr. sentence. On expiration of sentence, parole on murder charge revoked. July 10, 1962: DC granted Def's. petition for writ of habeas corpus on ground prosecutor concealed eyewitness and his testimony in 1938 trial, tho eyewitness had seen 2 other persons escaping from scene of crime, under extremely suspicious circumstances, neither of them the Def.

Joseph Aronstein, Esq., 1650 Broadway, NYC.

453. In Federal Cases
460. Sentencing and Clemency Procedures
461. Sentencing Process

461.1. Hill v. U.S. (U.S.S.C.) Facts: VII DOCKET 114. Cite: 368 U.S. 424 (1962).

Case notes: 39 U. Detroit 599-603; 35 Rocky Mt. 554-57; 62 Columbia 884-88; 29 Tenn. 575-76

462. Applications for Probation
Law review article:

Heiz R. Hink, The application of constitutional standards of protection to probation, 29 U. Chi. 483-97

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. (CA 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); FRCP Rule 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 to detonate nuclear weapons creating radiation, Congress unlawfully delegated legislative powers to Defs. without setting standards; provisions of A.E. Act vague, indefinite and vest arbitrary power in Defs. in violation of
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due process; Congress cannot empower Defs. to enact legislation resulting in contamination of atmosphere and damage to lives and progeny of the population. Oct. 24, 1962: after oral argument, DC granted Defs'. motion to dismiss. To be appealed.

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

Law review article:

Peter J. Fliess, The legality of atmospheric nuclear tests, 15 U. Fla. 21-32

490.6d. Connecticut v. Griswold and Buxton. (Cir. Ct. App. Div.) After U.S.S.C. decision in Poe, 490.6, VI DOCKET 120, Def. exec.-dir. of Planned Parenthood League of Def.-Dr. opened clinic. Nov. 1961: Defs. arrested. Charges: violation of 1879 Conn. act prohibiting use or prescription of contraceptive devices or drugs. Jan. 2, 1962: Defs. convicted after trial; $100. fine. Issues: (1) rights to liberty and property under Fourteenth Amendment: freedom of speech, right to practice profession; (2) whether Defs. violated accessory law since (a) no offense if substantive statute could not be applied to married persons; (b) proof insufficient to establish that Defs. are accessories. Oct. 19, 1962: appeals argued.

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

490.12a. Bradley and Hasselgren, ILA v. Waterfront Comm. of N.Y. Harbor, and Hogan. (N.Y. Sup. Ct., 1st Dept.) Pls. sued for declaratory judgment that amdts. to §8, Waterfront Commission Act are unconstitutional. Act upheld in DeVeau v. Braisted, 490.12, 363 U.S. 144. 1961 amdts. provide: no person shall collect dues for labor organization licensed by Def. comm. if any officer, agent or employee of union or welfare trust fund has been convicted of felony, misdemeanor involving moral turpitude or offenses under Unconsol. Laws §6700-tt-14, 3(b) at any time. Issues: (1) amdt. conflicts with N.L.R.A. (29 U.S.C. 151, 157), 1959 Labor-Management Reporting Act (29 U.S.C. 504); (2) violates due process under Fourteenth Amendment by covering collections from local unions outside jurisdiction of Def.-Comm.; (3) violates due process in extending disqualification to employees and those convicted of less than felonies. Aug. 14, 1961: S. Ct. held amdts. constitutional. June 1962: appeal argued.

Osmond K. Fraenkel, Esq., 120 Broadway, NYC.

490.15. Planned Parenthood Comm. of Phoenix v. Maricopa Co. Medical Director. (Ariz. Sup. Ct.) 1960: Def. banned distribution of birth control information in Co. medical clinics. Pls. filed declaratory judgment action alleging 1901 statute (A.R.S. §13-213) violates U.S. and Ariz. constitutions. Jan. 1961: Super. Ct. denied Pl's. prayer, held statute constitutional. Oct. 31, 1962: Ariz. Sup. Ct., en banc, affirmed; held act prohibited "advertising", therefore did not prohibit Pl's. distribution of literature on contraception or Pl's. operation of birth control clinics; Ct. adopted U.S.S.C.'s "balancing" test to uphold constitutionality of statute.

Sheldon Mitchell, Esq., 733 First Natl. Bank Bldg., Phoenix.

490.21. Martin v. California. (Calif. Sup. Ct.) Def.-driver arrested; asked to be given blood test; police refused, tho Def. offered to pay all costs. Charge: drunken driving. After prompt release on bail, Def. went to 2 hospitals for blood test; they refused because police would not give authorization. Convicted by jury; 15 days and $250. Oct. 5, 1962: Calif. Sup. Ct. reversed, held this a denial of due process.
490.22. Sills v. Gotthilf. (N.Y. Ct. of App.) 1960: Pl. sued Def. for debt; judgment for Pl. Ct. ordered body execution of Def. Issue: if arrest used in civil action simply to enforce collection of debt, Civil Practice Act §764 violates due process clause of Fourteenth Amendment. Pending on direct appeal under Civil Practice Act, §588(1)(a) and motion to dismiss appeal.

O. John Rogge, Esq., 60 Broad St., NYC.

Case notes:

Role of counsel's certificate for disqualification of federal district judge on grounds of prejudice: In the Matter of Union Leader Corp. (292 F. 2d 381, 1st Cir. 1961; cert. den. 368 U.S. 927, 1961) 8 Utah 75-8

Equal protection or due process? U.S. ex rel. Pierce v. Lane (193 F. Supp. 395, N.D. Ind. 1961) 19 Wash. & Lee 73-8

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

Appeal to Pres. Kennedy:

For national rededication to the principles of the Emancipation Proclamation and for an effective order prohibiting segregation in the U.S., submitted by Rev. Martin Luther King, Jr., May 17, 1962. S.C.L.C., 334 Auburn Ave. NE, Atlanta. $1.25.

Report:

Tom Hayden, Revolution in Mississippi. 28 pp. Students for Democratic Society, 112 E. 19th St., NYC. 20c.

Law review articles:

Kenneth L. Karst and William W. Van Alstyne, Comment: Sit-ins and state action — Mr. Justice Douglas, concurring, 14 Stanford 762-76

William P. Murphy, State sovereignty and the constitution: A summary view, 33 Miss. 353-59

Comments:

Philadelphia's advisory board, new concept in community relations, 7 Villanova 656-73

Does the Fourteenth Amendment require affirmative integration? 38 Chi-Kent 169-84

Case note:

Three judge court and pre-emption: Campbell v. Hussy (82 Sup. Ct. 327, 1961), 64 West Va. 358-59

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500. Elections
501. Racial Discrimination
Law review article:

John B. McConaughy and John E. Gauntlett, A survey of urban Negro voting behavior in South Carolina, 14 S.C. 365-80

Comments on constitutionality of federal anti-literacy test legislation: 46 Minn. 1076-87; 30 Geo. Wash. 723-43; 50 Calif. 265-82


501.Ala.2. U.S. v. Registrar and Alabama. (Macon Co.) (CA 5, #19051.) (362 U.S. 602; 188 F. Supp. 759; 192 F. Supp. 677; 7 RRLR 464.) 1959: U.S. sued for injunction to prevent discrimination against prospective Negro voters under 1957 Civil Rights Act. DC granted Defs'. motion to dismiss; CA 5 affirmed. May 1960: U.S.S.C., per curiam, vacated lower ct. judgments based on 1957 Civil Rights Act, and remanded to DC with instructions that under Civil Rights Act of 1960. 86-449, 74 Stat. 86, §601(b), U.S. is specifically authorized to sue bds. of registrars and states. 1961: after hearing testimony of 53 witnesses (900 pp.), DC issued temporary injunction requiring Def.-registration bd. to promptly register qualified Negroes. June 1, 1962: CA 5 affirmed: DC's power not limited to preventive relief, mandatory relief permitted by statute and equity power; 1960 amendment does not limit relief DC may grant under 1957 Civil Rights Act.

U.S. Dept. of Justice, Washington and U.S. Atty., Montgomery.*

501.Ala.6. U.S. v. Penton, Registrars. (Montgomery Co.) (MD Ala., #1741-N.) Aug. 4, 1961: Justice Dept. sued for injunction against Def.-registrars, alleging discrimination against Negroes under 1957 and 1960 Civil Rights Acts. Complaint alleged 29,615 of Co's. 62,911 eligible white voters are registered to vote, only 2,885 of Co's. 33,056 eligible Negroes are registered. Hearing concluded; decision awaited.
501.Ala.9. U.S. v. Mayton and Alabama (Perry Co.) (SD Ala., #2881.) Aug. 1962: Justice Dept. sued to enjoin Defs. from interfering with prospective Negro voters. Complaint alleged 257 registered Negro voters of Co's. 5,202 Negroes of voting age; 3,100 whites registered of Co's. 3,441 whites of voting age. Nov. 15, 1962: after hearing, injunction issued. Pending.
501.Ga.2. U.S. v. Raines. (Terrell Co.) (MD Ga., Americus, #442.) (362 U.S. 17.) Sept. 1958: Justice Dep't. filed first injunction suit under 1957 Civil Rights Act charging Co. election registrars with discriminatory refusal to register 5 Negroes. 1959: DC dismissed suit. 1960: U.S.S.C. unanimously reversed, by Brennan, J., held 1957 Civil Rights Act clearly constitutional as applied to discrimination by state registration officials. Sept. 13, 1960: DC issued permanent injunction against Def.-Co. registrars using different colored application forms for Negroes and whites, administering more difficult literacy tests to Negroes, testing Negroes singly while testing groups of whites; ordered Defs. to enroll 4 Negroes on voter lists. 1960: Defs. report full compliance with injunction. Jan. 25, 1961: DC denied U.S. request to appoint fedl. voting referees.
501.Ga.2a. U.S. v. Matthews and Chappell. (Terrell and Sumter Cos.) (DC Ga.) Aug. 13, 1962: Justice Dept. filed suit to enjoin law enforcement officials from intimidating prospective Negro voters. Pending.
501.Ga.4. U.S. v. Bibb Co. Democratic Exec. Comm. (MD Ga., Macon Div., #1838.) May, 1962: Justice Dept. sought injunctive relief against Defs. using segregated voting machines and counting white and Negro votes separately, under U.S. Constitution, Civil Rights Acts of 1957 and 1960. 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. Pending.
501.La.1b. U.S. v. Citizens Council, Lucky and Louisiana (Ouachita Parish.) (WD La.) Jy. 11, 1961: Justice Dept. sued for injunction requiring Def. to restore 4,800 Negro voters purged from voting rolls in last 5 yrs. and to register other qualified Negro applicants. Complaint alleged Citizens Council filed affidavits challenging registration of 4,378 Negro voters in Mar.-Apr. 1956, and Def. accepted affidavits knowing they had not been taken under oath and were without personal knowledge of affiants. While 5,500 of Co's. 16,377 eligible Negroes were registered in Jan. 1956, only 725 were registered Apr. 30, 1961, while no. of whites registered remained constant. Pending.
501.La.2. U.S. v. Thomas, Registrars of Washington Parish, and White Citizens Council. (Bogalusa.) (ED La.) (180 F. Supp. 10, 362 U.S. 58.) June 1959: Justice Dept. sued to enjoin Defs. from purging Negroes from rolls of registered voters. ED La. found 85% of Negro voters in Parish stricken from rolls due to Citizens Council discriminatory purge, ordered Def.-Registrar and his successors to return 1,377 challenged Negro voters to rolls within 10 days, to report to DC if more than 3% of registrants of any one race challenged in any 3-mth. period, to refrain from allowing racially - discriminatory challenges to voters, enjoined Def.-Council from renewing its campaign, retained jurisdiction. Feb. 1960: U.S.S.C. affirmed DC order as to Def.-Registrar, per curiam, citing Raines, 501.Ga.2, 362 U.S. 17. Remanded to DC.
501.La.6a. U.S. v. Manning. (E. Carroll Parish.) WD La., Monroe, Shreveport Divs., #8257.) (206 F. Supp. 623, 7 RRLR 816.) Apr. 1961: U.S. filed suit under 1957 Civil Rights Act charging Def.-registrar with preventing 4,183 eligible Negroes from registering by requiring that each Negro applicant be identified by 2 registered voters from his precinct; result: no Negoes registered. May 1962: DC found for Pls. July 1962: Upon resignation of Def.-registrar, DC appointed himself voting referee, registered 28 Negro voters in first such action under 1960 Civil Rights Act. After (state) E. Carroll Parish Dist. Ct. granted injunction against DC issuing certificates of registration, case removed to DC, where DC (different judge) dismissed for
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lack of jurisdiction over subject matter by state ct. Def. then requested 3-judge ct. to determine constitutionality of Civil Rights Act, which sustained its constitutionality.
501.La.7. Anderson v. Martin. (ED La., Baton Rouge Div., #2623.) (206 F. Supp. 700, 7 RRLR 793.) Feb. 1961: complaint filed by Negro-candidates for school bd. challenging constitutionality of La. R.S. §1174 which provides for designation of race of each candidate for public office on nominating papers and ballots. Jy. 31, 1962: 3-judge ct. denied preliminary injunction, held no violation of Fourteenth Amendment because applies to all candidates, Negro and white; Fifteenth Amendment not applicable because it protects only voter, not candidate. Notice of appeal filed in U.S.S.C.

NAACP Legal Def. and Educ. Fund, 10 Columbus Circle, NYC.

501.La.8. U.S. v. Fox and Louisiana (Plaquemines Parish.) (ED La., #11625.) Oct. 16, 1961: Justice Dept. filed suit asking DC to find Def. followed a "pattern and practice" of racial discrimination, and for injunction ordering Def. to register immediately all Negroes rejected since 1953 who were as qualified as the "least qualified white person" who had been registered. Pending.
501.La.9. U.S. v. Registrar, and Louisiana. (Madison Parish.) (WD La.) Oct. 26, 1961: Justice Dept. sued for injunction forbidding Def. from using system whereby applicants must be identified by 2 registered voters, and other forms of discrimination against Negro applicants. Complaint alleged no Negro has been registered in Co. for at least 36 yrs., while 81% of eligible whites in Co. were registered in 1960, but none would vouch for Negro applicants. Pending.
501.La.10. U.S. v. Wilder, Registrar, and Louisiana. (Jackson Parish.) (WD La.) Feb. 21, 1962: U.S. filed suit seeking injunction against alleged discriminatory actions against Negro voters. Pl. charges reduction in Negro voters was brought about by "racially discriminatory acts". Pending.
501.La.11. U.S. v. Louisiana. (ED La., #2548.) Dec. 28, 1961: U.S. filed suit challenging constitutionality of La. law requiring voter registrants to pass constitutional interpretation test. Pls. charge test is a device to keep Negroes from registering, that local registrars are given "vast discretion" in applying test. Pending.
501.Mich.1. Taylor v. Township of Dearborn. (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. Aug. 21, 1962; judgment for Defs. Appeal pending in Mich. Sup. Ct.

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

501.Miss.1a. U.S. v. Daniel, Registrar, and Mississippi. (Jefferson Davis Co.) (SD Miss.) Aug. 3, 1961: Justice Dept. sued for injunction requiring Defs. to register qualified Negroes who had applied in the past. Complaint alleged Defs. applied "different and more stringent standards" to Negro applicants than to whites; that 1,200 of Co's. eligible Negroes were registered in 1955, while a majority of Co's. 3,629 whites were registered, but only 130 Negroes were registered between 1956 and 1960. Aug. 21, 1961: DC hearing on Pl's. motion to inspect Co. voting records. Pending.
501.Miss.2. U.S. v. Registrar and Mississippi. (Panola Co.) (SD Miss., #D-C-45-61.) Oct. 16, 1961: Justice Dept. filed suit asking DC to find Def. followed a "pattern and practice" of racial discrimination, and for injunction ordering Def. to cease such discrimination. Complaint alleged 10 Negroes of 7,250 voting-age Negroes in Co. were registered, while 5,000 whites of 7,639 voting-age whites were registered. Oct. 30, 1962: DC granted Def's. motion for more definite statement under FRCP 12(e), requiring Pl. to allege specific acts and instances of discrimination. Pending.
501.Miss.3. U.S. v. Ramsey, Registrar, and Mississippi. (Clarke Co.) (SD Miss., Meridian Div.) Jy. 6, 1961: Justice Dept. sued for injunction requiring Defs. to cease racial discrimination in registration practices. Complaint alleged none of Co's. 2,988 eligible Negroes were registered to vote, while 50% of eligible whites in Co. were registered. Pending.
501.Miss.4. U.S. v. Wood, Registrar, and Mississippi. (Walthall Co.) (SD Miss., Hattiesburg Div., #1656.) Jy. 1961: Justice Dept. sued for injunction requiring Defs. to register qualified Negroes who had been rejected in the past. Complaint alleged Defs. applied "different and more stringent standards" to Negro applicants than to whites, that none of Co's. 2,490 Negro residents were registered, despite repeated attempts to do so, while substantial majority of Co's. 4,536 whites were registered. Aug. 1961: DC hearing on Pl's. motion to inspect Co. voting records. Pending. Sept. 20, 1961: following incident in 501.Miss.4a, Justice Dept. amended complaint to ask prompt relief. Pending.

And see 501.Miss.4a.

501.Miss.4a. U.S. v. Wood. (Walthall Co.) (SD Miss., Hattiesburg Div., #1656.) (295 F. 2d 772, c.d. 369 U.S. 850.) Sept. 1961: Hardy, SNCC teacher of Negro voter applicants, asked Def.-registrar to administer registration tests to 2 Negro applicants. Def. admittedly hit Hardy on the head after ordering him from the office at gunpoint. Sept. 1961: Def.-Sheriff Craft arrested Hardy, conducted lengthy interrogation, threatened "to beat him within an inch of his life," arrested Hardy on disorderly conduct charges. Justice Dept. sought to enjoin prosecution of state charge: DC denied petition; CA 5 reversed, ordered stay of state charge pending trial on merits of Justice Dept's. allegation that state proceedings being used to prevent Negroes from registering. Apr. 1962: U.S.S.C. denied certiorari. Pending.

Case notes: 50 Geo. 605-10; 48 Va. 390-98; 62 Columbia 901-07

And see 501.Miss.4.

501.Miss.5. U.S. v. Lynd and Mississippi. (Forrest Co.) (CA 5, #1646.) (301 F. 2d 818, 7 RRLR 480.) Jy. 6, 1961: Justice Dept. charged Def. with illegal exclusion of Negroes seeking to register. Allegations: majority of Co's. 22,341 white citizens of voting age registered; 25 of 7,495 Negroes registered. Mar. 7, 1962: at hearing, Def. testified he registered only 2 Negroes in 3 yrs. DC ordered Def. to reconsider
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applications of 8 Negroes; delayed ruling on injunctive relief. June, 1962: CA 5 issued temporary restraining order against further discrimination, pending decision on appeal. Nov. 5, 1962: U.S.S.C. denied certiorari. Pending in CA.
501.Miss.5a. Re Theron C. Lynd, Registrar. (Forrest Co.) (CA 5.) Apr. 30, 1962: Justice Dept. sought contempt finding against Def. for refusal to register 19 qualified Negroes, including 3 college graduates and Natl. Science Foundation fellowship holder, in violation of June, 1962 orders (in 501.Miss.5). Pending.
501.Miss.6. U.S. v. Green, Cir. Clk., and Mississippi. (George Co.) (SD Miss., #2540.) Apr. 21, 1962: Justice Dept. sought injunctive relief requiring Def.-Registrar to register 6 Negroes, allegedly qualified. DC found for Pl.; issued temporary restraining order against Def. for 10 days; set hearing on permanent injunction for Apr. 30.

And see U.S. v. Bd. of Educ., 571.12.

501.Miss.7. Kennedy v. Lewis, Cir. Clk. and Registrar. (Bolivar Co.) (ND Miss., Clarksdale Div., #D-C-1-61.) Jan. 1961: Justice Dept. filed suit to require Def.-registrar to open their voting records to fedl. investigators. Oct. 1961: DC ordered Pl. to file more definite statement. Feb. 15, 1962: Pl. filed motion for reconsideration of DC order. Pending.
501.Miss.8. U.S. v. Dogan. (Tallahatchie Co.) (ND Miss., Delta Div.) (206 F. Supp. 446, 7 RRLR 822.) U.S. filed action under 42 U.S.C. §1971(a), (c), (e), for temporary mandatory injunction requiring Def.-sheriff to permit Negroes to pay poll taxes and for finding that practice of discrimination existed. Jan. 20, 1962: DC held evidence insufficient to warrant injunctive relief because no Negro witness had tendered payment of poll tax and been refused; no emergency proved since less than 1% of potential Negro voters had expressed interest in paying tax. Pending.
501.NM.1. Montoya v. Bolack. (N.M. Sup. Ct.) (372 P. 2d 387.) Pl. contesting election of Def. to office on ground Navajo Indians voted for Def., despite N.M. Const., Art VII, §1 excluding from voting "Indians not taxed". Dist. Ct. dismissed. 1962: N.M. Sup. Ct. affirmed, held (1) Indians residents of state in which their reservation located; (2) polling places may be located on reservations.

Amicus appearances by Stewart L. Udall, U.S. Secy. of Interior, by Frank Barry, Jr. and Max N. Edwards, Esqs.; N.M. ACLU; Assn. on Am. Indian Affairs.

501.NY.1a. Camacho v. Kennedy. (SD NY, #60-Civ.-3531.) 1958: Pl.-U.S. citizen from Puerto Rico prohibited from registering in N.Y.C. because literate in Spanish but not in English; complaint filed in state cts. 1960: N.Y. Ct. of App. affirmed dismissal of complaint. (163 N.E. 2d 140.) Sept. 13, 1960: Pl. filed action in fedl. ct. under Civil Rights Act of 1957 for injunction against enforcement of English-language literacy test in N.Y. Issues: 1898 Treaty with Puerto Rico; 14th Amendment; UN Charter and Declaration of Human Rights. Oct. 21, 1961: 3-judge fedl. ct. upheld NY literacy test for voters in English only, found no fedl. power to supervise state standards, no denial of fedl. rights because of race, creed or color, not unreasonable to require voter to be able to read synopses of proposed constitutional amendments, etc., printed on ballot in English.

Gene Crescenzi, Esq., 320 Broadway; Paul O'Dwyer, Esq., 40 Wall St., both of NYC.

501.NY.2. U.S. v. Sharrow. (CA 2.) Apr. 6, 1960: Def. refused to answer questions of census taker; subpoenaed to appear before grand jury. Jy. 7, 1960: SD NY issued order directing Atty. Genl. to show cause why census law should not be declared invalid and subpoena quashed under Fourteenth Amendment, §2, which provides that states' representation in Congress (and electoral college) shall be reduced in proportion that no. of disfranchised persons bears to whole no. of eligible citizens. This § has never been enforced; only Constitutional provisions for apportionment of Cong. based on census taken every 10 yrs. has been followed. Nov. 29, 1961: after trial for failure to answer, Def. found guilty, $100. fine. Appeal pending.

Herbert Monte Levy, Esq., 35 W. 81st, NYC.

501.NC.1. Ivy v. Cole, Registrar. (Halifax Co., N.C.) (ED N.C., Wilson Div., #610-Civ.) Pl.-Negro minister filed $5,000. damage suit when Def. refused to permit Pl. to vote after asking him questions, such as: name of act passed to enforce 18th Amdt.; what year passed; date Congress convenes; date Pres. inaugurated for 1st term, 2d term, 3d term? N.C. statute requires prospective voter to be able to read and write any section of U.S. Constitution. Issue: arbitrary nature of questions. Def's. motion to strike denied; case pending.

Herman Taylor, Esq., 123 Hargate St., and Samuel Mitchell, Esq., 507 E. Martin St., both of Raleigh; James R. Walker, Jr., Esq., 501 W. Third St., Weldon, N.C.

502. Political Discrimination
503. Urban Discrimination
Law review articles:

Thomas I. Emerson, Malapportionment and judicial power: The Supreme Court's decision in Baker v. Carr, 22 Law in Trans. 125-56

Goldberg, The statistics of malapportionment, 72 Yale 90

Bonfield, Baker v. Carr: New light on the guarantee of republican government, 50 Calif. 246-52

Books:

Natl. Municipal League, Compendium on Legislative Apportionment (2d ed. 1962), 47 E. 68th St., NYC

David and Eisenberg, Devaluation of the urban and suburban vote, 1961

Note: The number of malapportionment suits now pending in 33 states makes it impossible to cover each case in detail in the DOCKET, since the factual and legal issues are not identical. All pending cases on which facts are available will be listed by title, docket no., court, names and addresses of counsel. The most significant will be described in greater detail. Watch action by state legislatures in 1963 sessions and reports by Natl. Municipal League, 47 E. 68th St., NYC.


503.Ala.1. Frink v. Sims. (U.S.S.C.) Suit for reapportionment alleged 1901 Constitution required legislative reapportionment
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every 10 yrs. but this had never been done; gross discrimination against urban voters. Apr. 14, 1962: 3-judge ct., citing Baker, 503.Tenn.1, reset application for injunctive relief for Jy. 1962 to permit legislature to make changes for Nov. 1962 election. Jy. 25, 1962: DC ordered reapportionment of Ala. H. of Reps. according to its own plan. Aug. 26, 1962: Black, J. rejected App't.-Secy. of State's application for stay of DC order. State's appeal pending.

Charles Morgan, Jr., Esq., 1527 Comer Bldg.; George Peach Taylor, Esq., 621 Frank Nelson Bldg., both of Birmingham.

Comment:

Ben Leader Erdreich, Alabama's unrepresentative legislature, 14 Ala. 403-22

503.Calif.1. Silver v. Jordan. (Los Angeles Co. Super. Ct., #794-987.)

Phil Silver, Esq., 1680 N. Vine St., Hollywood.

503.Colo.1. Stein v. General Assembly. (Colo. Sup. Ct., #20240.) Ct. held existing apportionment system invalid; postponed further action until legislature acts; retained jurisdiction.

George Louis Creamer, Esq., 926 Equitable Bldg., Denver.

503.Colo.2. Lisco v. McNichols. (DC Colo., #7501.)

Salazar and Delaney, Esqs., Denver U. S. Natl. Center, Denver.

503.Dela.1. Sincock v. Terry. (Dela. DC.)

Vincent A. Theisen, Esq., 1118 Wilmington Trust Bldg., Wilmington.

503.Fla.1. Lund v. Mathas. (Fla. Sup. Ct.)

Anthony J. Grezik, Esq., 423 Broadway, Daytona Beach.

503.Fla.2. Sobel v. Adams. (SD Fla., Miami Div., #182-62-M.) DC held existing system invalid; postponed further action until legislature acts; retained jurisdiction.

Richard H. M. Swann, Esq., 634 W. Flagler St., Miami.

503.Ga.1. Helmsley v. Wells. (SD Ga., ##1203, 1204.) Nov. 21, 1960: suit filed challenging system of counting votes under which Congressional candidate with 33,795 votes but only 18 county unit votes lost to candidate with 33,374 votes who got 26 county unit votes. Issue: does county unit system violate U.S. Constitution, Art I, §2? Pending.

Wm. B. Hartsfield, Osgood O. Williams, Esqs., Grant Bldg.; Morris B. Abram, Joseph Lefkoff, John H. Hicks, Maurice N. Maloof, Esqs., Healey Bldg.; Charles L. Weltner, Esq., Fulton Natl. Bk. Bldg., all of Atlanta; Edward T. Brennan, Esq., 15 Drayton St., Savannah.

503.Ga.2. Sanders v. Gray. (U.S.S.C., #112.) (203 F. Supp. 158; prob. juris. noted, 370 U.S. 921.) Suit challenging new Ga. Primary Act modifying county unit system. Pl. alleged denial of equal protection, contravention of 17th Amendment re direct election of U.S. Senators. Apr. 28, 1962: 3-judge ct. granted interlocutory injunction against implementation of Act in present form because discriminatory against voters in urban areas; indicated reapportionment necessary every 10 yrs.; held disparity in value of unit votes could be no greater than disparity among various states in U.S. electoral college. May 4, 1962: ct. denied stay pending state's appeal to U.S.S.C. 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., 1504 Healey Bldg.; Robert E. Hicks, Esq., all of Atlanta.

503.Ga.3. Wesberry v. Vandiver. (ND Ga., #7889.) (206 F. Supp. 276.) 1962: suit filed seeking reapportionment of Ga's. 10 congressional districts, alleges Atlanta's Fifth Dist. is 207% larger in population than average Dist. June 20, 1962: 3-judge ct. (2-1) dismissed, found no invidious discrimination, citing Colegrove, 329 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.

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

503.Ga.4. Toombs v. Fortson. (ND Ga., #7883.) (205 F. Supp. 248.) 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.

Francis Shackelford, Esq., Alston, Miller and Gaines, Citizens and Southern Bank Bldg., Atlanta.

503.Ida.1. Caesar v. Williams. (Ida. Sup. Ct., #9158.)

Richards, Haga and Eberle, Esqs., 711½ Bannock St., Boise.

503.Ind.2. Stout v. Hendricks. (SD Ind., #1 P61-C-236.) Aug. 1961: suit filed by 4 Ind. voters from 4 counties alleging their cos. "substantially" under-represented due to lack of reapportionment since 1921, despite Ind. constitutional requirement that is be done every 6 yrs. Issue: denial of equal protection; whether Eleventh Amendment bars suit against Defs. because in reality suit against State; is fedl. ct. proper forum? Pending.

Robert Risk, Ind. CLU, 704 Fletcher Trust Bldg., Indianapolis.

503.Ia.2. Davis v. Synhorst. (SD Ia., Cent. Div.)

Harry H. Smith, Esq., 234-5 Badgerow Bldg., Sioux City.

503.Kan.1. Harris v. Shanahan. (Shawnee Co. Dist. Ct., 2d Div., #90,476.)

Branine and Chalfant, Esqs., 502 First Natl. Bank, Hutchinson, Kan.

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503.Kan.2. Meeks v. Anderson. (DC Kan., #KC, 1774.)

Thomas M. Van Cleave, Jr., Esq., 604 Commercial Natl. Bank, Kansas City.

503.Ky.1. Schmied v. Combs. (WD Ky., #4380.)

Eugene H. Alvey, Esq., Director of Law, Louisville.

503.Ky.2. Combs v. Matthews. (Franklin Cir. Ct.)

John Hopkins, Esq., Hazelrigg and Cox, 415 W. Main St., Frankfort.

503.Md.1. Maryland Comm. for Fair Representation v. Tawes. (Anne Arundel Cir. Ct., #13,920 Eq.) (—A. 2d—, Jy. 23, 1962.)

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.Mich.1. Scholle v. Hare. (Mich. Sup. Ct.) (369 U.S. 429; 367 Mich. 176, 116 NW 2d 350.) 1925: last reapportionment of state senatorial districts in Mich. 1952: voters passed amdt. to Mich. Const. forever freezing existing senatorial districts. 1959: original action in Mich. Sup. Ct. by Pl. living in most populous district, alleging violations of equal protection and due process clauses of 14th Amendment because Pl's. vote worth 1/18 as much as vote in less populous district. 1960: Mich. Sup. Ct. held for Def. 1962: U.S.S.C. vacated and remanded in light of Baker, 503.Tenn.1. Jy. 18, 1962: Mich. Sup. Ct. (4-3) held for Pl. Jy. 27, 1962: Stewart, J., granted Def. stay pending petition for certiorari.

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

503.Mich.2. Calkins v. Hare. (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, Esq., 1226 Monroe Blvd., Dearborn.

503.Minn.1. Hedlund v. Hanson. (DC Minn., #4-62-122.)

William Merlin, Esq., 311 Produce Bank Bldg., Minneapolis.

503.Miss.1. Fortner v. Barnett. (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 Sisson, Esq., 405 Hewes Bldg., Gulfport.

503.Mo.1. Preisler v. Hearnes. (Mo. Sup. Ct., #49,370.)

Paul W. Preisler, Esq., 4274 Shenandoah Ave., St. Louis.

503.Neb.1. League of Nebraska Municipalities v. Marsh. (DC Neb., Lincoln Div., #551L.)

Lloyd Chapman, Esq., 503 Continental Bldg., Lincoln.

503.Nev.1. Paley v. Sawyer. (DC Nev., #1593.)

George M. Dickerson, Esq., 120 S. Third St., Las Vegas.

503.NH.1. Levitt v. Atty. Genl. (N.H. Sup. Ct., ##5021, 5043.)

Albert Levitt, Esq., P. O. Box 38, Hancock.

503.NJ.2. Jackman v. Bodine. (Hudson Co. Super. Ct., Ch.)

Jacob Friedland, Esq., 591 Summit Ave., Jersey City.

503.NM.1. Cargo v. Mechem. (N.M. Dist. Ct., Santa Fe.)

David F. Cargo, Esq., 210 Sunshine Bldg., Albuquerque.

503.NY.1. WMCA v. Simon. (SD NY, #61-1559.) (202 F. Supp. 741, 370 U.S. 190.) 1961: Pls. sued for injunction requiring amendment to NY State Constitution to insure to urban voters reapportionment of state senatorial and assembly districts on more equal basis. Pls. allege disparity of 299,000 citizens represented by Sen. in NY Co., 175,712 in rural cos.; 115,000 in Bronx to 17,461 in rural co. 3-judge ct. dismissed. June 1962: U.S.S.C. vacated and remanded for further consideration in light of Baker, 503.Tenn.1, Harlan, J., diss.

Leonard B. Sand and Max Gross, Esqs., 100 E. 42nd St.; Robinson, Silverman, Pearce and Aronson, 230 Park Ave., all of NYC.

Amicus brief filed by NY CLU, 156 Fifth Ave., NYC.

Law review article:

Ruth C. Sylva, Apportionment in New York, I: The legal aspects of reapportionment and redistricting: Baker v. Carr; II: Apportionment of the New York senate, 30 Fordham 581-650.

503.NY.2. Wright v. Rockefeller. (SD NY.)

Justin N. Feldman, Esq., 415 Madison Ave., NYC.

503.NY.3. Honeywood v. Rockefeller. (U.S.S.C., #177.)

Moses M. Falk, Esq., 225 Broadway, NYC.

503.ND.1. Lien v. Sathre. (N.D., SW Div., #424.)

E. T. Conmy, Esq., 1st Natl. Bank, Fargo.

503.Ohio.1. Nolan v. Di Salle. (SD Ohio, #6082.)

Kenneth G. Weinberg, Esq., 1114 Hippodrome Bldg., Cleveland.

503.Ohio.2. Sive v. Ellis. (SD Ohio, W. Div., #6491.)

Jerome Goldman, Esq., 911 1st Nat'l. Bank Bldg., Cincinnati.

503.Okla.2. Moss v. Burkhart. (WD Okla., #9130.) 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 Constition.
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Ct. delayed action until Sept. 10, 1962, if Gov. calls special session by Jy. 31. Pending.

Sid White, Esq., Commerce Exchange Bldg., Oklahoma City.

503.Okla.3. Jones v. Winters. (Okla. Sup. Ct., #39,857.)

Norman Reynolds, Esq., Republic Bldg., Oklahoma City.

503.Pa.1. Start v. Lawrence. (Dauphin Co. Ct., Eq. #2536 and Law #187.) June 13, 1962: ct. held existing apportionment system invalid; postponed further action until legislature acts; retained jurisdiction.

Raymond R. Start, Esq., Upper Darby, Pa.

503.RI.1. Sweeney v. Notte. (R.I. Sup. Ct.)

David F. Sweeney, Esq., Gallogly, Beals and Tiernan, Ind'l. Bank Bldg., Providence.

503.Tenn.1. Baker v. Carr. (MD Tenn., Nashville Div., #2724.) (369 U.S. 186.) Tenn. Const. requires redistricting of state legislature every 10 yrs.; last redistricting: 1901. Tenn. city voters sued in DC for injunction against continued use of 1901 apportionment, alleging city and suburban sections have as few as 1/10 as many legislators as they are entitled to by population in 1960. 3-judge fedl. ct. dismissed. Mar. 26, 1962: U.S.S.C. reversed (6-2), Brennan, J.: (1) Pls. have standing to sue; (2) DC has jurisdiction over subject-matter of apportionment under U.S. Const., Art. III and 42 U.S.C. §§1983, 1988, and Colegrove v. Green, 328 U.S. 549; Cook v. Fortson, 329 U.S. 675; (3) apportionment is not a nonjusticiable "political question" and Pl's. claimed denial of equal protection and right to relief are not diminished by fact that discrimination relates to political rights, Snowden v. Hughes, 321 U.S. 1; (4) "judicial standards under the Equal Protection Clause are well developed and familiar, and it has been open to courts since the enactment of the Fourteenth Amendment to determine, if on the particular facts they must, that a discrimination reflects no policy, but simply arbitrary and capricious action." Remanded to DC for trial and appropriate remedy. Douglas, Clark, Stewart, J.J., each concur. separately. Frankfurter, Harlan, J.J., diss. 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 Jy. 3, 1963 or fedl. ct. will act; retained jurisdiction.

Walter Chandler, Esq., Home Fedl. Bldg., Memphis; Charles Rhyne, Esq., 839 17th St., NW, Washington, D.C.

Archibald Cox, U.S. Solicitor Genl., intervening for U.S.

Case notes: 30 Geo. Wash. 1010-19; 13 Mercer 445-49; 36 Tulane 853-57; 11 Catholic U. 96-111

503.Vt.1. Mikell v. Rousseau. (Vt. Sup. Ct.) Super. Ct. issued injunction forbidding senatorial elections in 2 cos. until Sen. districts realigned. Jy. 20, 1962: Vt. Sup. Ct. affirmed, held present apportionment laws unconstitutional and no authority for holding 1962 elections; suggested legislature act.

Hilton A. Wick, Esq., 186 College St., Burlington, Vt.

503.Va.1. Mann v. Davis. (ED Va., #2604.) Apr. 9, 1962: suit filed by 4 members of Va. Genl. Assembly testing constitutionality of legislative redistricting plan passed by Assembly in Mar. 1962. Pls. seek injunction invalidating plan, prohibiting election under it in Nov. 1962. Pending before 3-judge ct.

Edmund D. Campbell, Esq., Southern Bldg., Arlington, Va.; E. A. Prichard, Esq., Moore Bldg., Fairfax, Va.

503.Wash.1. Thigpen v. Myers. (WD Wash., N. Div., #5597.)

M. L. Borawick, Esq.

503.Wis.1. Wisconsin v. Zimmerman. (WD Wis. #3540.) 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.Tenn.1. Legislature met in special session, failed to pass acceptable bill. Jy. 3, 1962: Ct. appointed master to prepare plan for reapportionment.

John W. Reynolds, Atty. Genl., State Capitol, Madison.

503.Wyo.1. Whitehead v. Gage. (Wyo. Sup. Ct., #3143.)

Walter Urbigkit, Jr., Esq., 304 W. 20th, Cheyenne.

510. Jury Selection (see also 311)
511. Involving Federal Employees
512. Involving Racial Discrimination

512.29. U.S. ex rel. Seals v. Wiman. (U.S.S.C.) (304 F. 2d 53.) Oct. 1958: Def.-Negro indicted by all-white jury for alleged rape of white woman: pleaded not guilty. Def. retained white atty. In trial, before all-white jury, Def's. atty. did not raise any Fourteenth Amendment questions. Def. convicted; death sentence. Ala. Sup. Ct. denied appeal. Def. hired Negro atty. who promptly filed writ of error coram nobis raising Fourteenth Amdt. issues; denied by Ala. Sup. Ct. U.S.S.C. denied petition for writ of certiorari without prejudice to application for habeas corpus petition. Gov. denied clemency. 1961: DC discharged writ, denied application for certificate of probable cause. CA 5 Justice granted certificate; permitted appeal on original record, ordered execution postponed until appeal finally determined. 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 FRCP; rejected contentions that: (1) prejudicial atmosphere in newspapers deprived Def. of fair trial; (2) verdict in trial ct. based on illegally
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obtained evidence; declined to pass on whether trial in segregated Ala. courthouse 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. State's appeal to U.S.S.C. pending.

Charles S. Conley, Esq., 530 S. Union St., Montgomery, Ala.; Martin Bradley, Esq., 800 Ellicott Sq., Buffalo; Arthur Kinoy, Esq., 4705 Henry Hudson Parkway, Riverdale, NY; Morton Stavis, Esq., 744 Broad St., Newark, N.J.

512.31. Connecticut v. David. (Conn. Sup. Ct. of Err.) Def.-Negro charged with breach of peace and resisting arrest; convicted. Issue: method of jury selection based on selection by towns, resulting in weighting of jurors from rural or suburban communities. Cir. Ct., App. Div. sustained trial ct's. overruling jury challenge. Appeal pending.

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

512.32. Giles and Giles v. Maryland. (U.S.S.C.) (183 A. 2d 359.) 2 young Negro-Defs. charged with rape of white girl. Trial ct. refused to allow voir dire question re racial prejudice; no charge given to jury; convicted; death sentences. Md. Ct. of App. affirmed. Issues: Does Md. Const. Art. 15, §5 violate due process and equal protection clauses of U.S. Constitution in making jury sole judge of law and facts, permitting conviction by jury which received only advisory charge or no charge; method of questioning jurors. Notice of appeal to U.S.S.C. filed.

Hal Witt and Richard Scupi, Esqs., 600 F St. NW, Washington, D.C.

Amicus appearance by ACLU by Edward L. Genn, Esq., 1107 Spring St. and Charles A. Horsky, Esq., 1227 Pinecrest Circle, both of Silver Spring, Md.; Richard S. Arnold, Esq., 701 Union Trust Bldg. and Lawrence Speiser, Esq., 1101 Vermont Ave. NW, both of 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.

512.38. U.S. ex rel. Davis v. Gov. Davis. (CA 5.) Facts and issues similar to Seals, 512.29. Rel's. petition for habeas corpus pending in CA. State's argument: Rel. failed to exhaust state remedies by not pursuing state habeas corpus remedies prior to application for habeas corpus to DC under 28 U.S.C. 2254. Rel's. argument: state habeas corpus remedy so narrow in scope and effect as to be a denial of a state remedy under §2254, ¶2. Dec. 16, 1962: appeal argued. Benjamin Smith and Bruce Waltzer, Esqs., 1006 Baronne Bldg., 305 Baronne St., New Orleans.
512.39. U.S. ex rel. Poret and Labat v. Davis and Walker. (CA 5.) (75 So. 2d 333, 350 U.S. 91 (1955).) Facts: I DOCKET 44, #523.4. Negro-Defs. indicted for rape. Def.-Poret fled La.; La. found him in Tenn. prison; not released till term expired. On return to La., Def.-Poret moved to quash indictment for exclusion of Negroes from grand jury; denied. Defs. convicted; La. S. Ct. affirmed, held motion came 1½ yrs. too late. Dec. 1955: U.S.S.C. affirmed (6-3) by Clark, J.: upheld constitutionality of La. statute requiring that objections to grand jury composition be raised before end of 3d judicial day after end of term, or before trial, whichever is earlier. Douglas, J., diss. (with Warren, C.J., Black, J.): "His flight was a wrong that could be punished. But it is dangerous doctrine to deprive a man of his constitutional rights in one case for his wrongful conduct in another." Black, J., diss.: Def. had no "reasonable opportunity" to challenge grand jury make-up. 1962: Rels. petitions for habeas corpus pending in CA 5. Issue: same as in Davis, 512.38. Pending.

G. Wray Gill, Esq., and Benjamin Smith, Esq., 1006 Baronne Bldg., 305 Baronne St., both of New Orleans.

513. Involving Economic Discrimination
514. Involving Political Discrimination
515. Involving Discrimination Against Women

515.1. Hoyt v. Florida. (U.S.S.C.) Facts: VII DOCKET 53, Cite: 368 U.S. 57.

Comments: 36 Tulane 858-62; 15 U. Fla. 134-42

520. Education
521. Challenges to Unequal Facilities

521.1. Holland v. Bd. of Pub. Inst. (Palm Beach, Fla.) (SD Fla., #7161.) (7 RRLR 341.) Suit by Negro parent for admission of son to white public school nearby. Issues: Negro school sub-standard, far from Pl's. home; constitutionality of Fla. pupil assignment law. Summer 1957: DC held for Def., no evidence assignment based on race of child; plans exist for improved Negro school. Sept. 1958: CA 5 reversed, held "a completely segregated public school system is being maintained and enforced". Feb. 1959: on remand, DC refused to order immediate integration of Pl., upheld Fla. pupil assignment law, held Pl. must exhaust state administrative remedies thereunder. June 1959: CA 5 denied leave to file petition for mandamus. Aug. 1959: Pl. appealed to Fla. State Bd. of Educ. to review Def.-Bd's. denial of admission to white school. 1960: CA 5 ordered Def. to prepare plan for integration. 1961: DC ordered Def.-Bd. to submit plan to eliminate discrimination because of color "if [it] exists." 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
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or scholastic achievement; no ruling re jr. highs or elementary schools at this time. Pending.

I. C. Smith, Esq., 412 Rosemary Ave., and F. Malcolm Cunningham, Esq., 6000 Rosemary Ave., both of W. Palm Beach, Fla.

521.2. Johnson v. Marion Co. Bd. of Educ. (S.C.) (CA 4, #8499.) Def.-Bd. divided one all-Negro school district into two. Negro parents sued to invalidate division; dismissed; S.C. Sup. Ct. affirmed, held no referendum required. 1960: Negro-Pls. sued to establish right of Negro pupils to attend adequate Negro school across district lines, as white pupils allegedly permitted to do. 1961: DC dismissed complaint. Mar. 27, 1962: CA 4 affirmed DC's order of dismissal.

Elliott D. Turnage, Esq., Darlington, S.C.

522. Suits To Enforce Integration
Comment:

Private schools must integrate? 16 So. W. 284-319


522.Ala.2a. 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. Pending.
522.Ala.2b. Nelson v. Birmingham Bd. of Educ. (ND Ala.) (7 RRLR 659.) June 13, 1962: Pl.-Negro filed suit to desegregate public schools. DC decided not to set hearing here until after hearing in Armstrong, 522.Ala.2a. Pls. sought mandamus from CA 5 ordering DC to hear motion for preliminary injunction. Aug. 17, 1962: CA denied writ, held DC has discretion to control its docket. Pending.
522.Ala.3. Koen v. Knight. (Ala. Vocational Schools.) (SD Ala., #2434.) Aug. 1960: suit by 2 Negro applicants for admission to segregated white male vocational school. Dec. 29, 1961: Def's. motion to dismiss denied. Jan. 15, 1962: Defs. filed answer to amended complaint. Pending.

Charles F. Wilson, Esq., 507 W. Gadsden, Pensacola; Clarence F. Moses, Esq., 101 N. Cedar, Mobile, Ala.

522.Ala.4. Reed v. Pearson. (Reeds Chapel.) (CA 5.) (306 F. 2d 690, 7 RRLR 662.) Jan. 3, 1961: Pl.-6 yr. old began attending Reeds Chapel, listed as white school. Jan. 6: 4 women created disturbance, threatened violence if Pl. not expelled. Jan. 6-15: school closed. Jan. 16: school reopened; Pl. excluded. Feb.: Pl. filed suit for readmittance, alleging discrimination against mixed-blood Pl. by others of mixed-blood. Jy. 7, 1961: DC granted Def's. motion to dismiss. CA 5 affirmed, held Pl's. action lay in State courts under Pupil Placement Act. Pending.
522.Ark.5. Dove v. Parham. (Dollarway School Dist.) (ED Ark., #3680.) (176 F.S. 242, 271 F. 2d 132; 181 F.S. 504, 183 F.S. 389, 282 F. 2d 256.) 1959: 3 Negro-Pls. sued for desegregation of public schools. Aug. 1959: 3-judge fedl. ct. ordered immediate integration by admission of 3 Pls. Sept. 1959: CA 8 reversed admission order, affirmed DC holding that Pupil Placement Law constitutional. Oct. 1959: 3 pupils applied for transfers under Pupil Placement Law. 1961: After lengthy administrative procedures and litigation on Pupil Placement Law, DC approved Bd's. desegregation plan limited to first grade with placement based on pre-school tests for all pupils, directed Bd. to admit 2 intervenors on first grade level in Sept. 1961. Pending.

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

Regulation:

Calif. Bd. of Educ. Regulation adding Art. 1.5 to Calif. Admr. Code, Tit. 5, Chap. 1, Subchap. 8 on Establishment of school attendance areas taking into account ethnic composition of neighborhood.

522.Calif.1. Jackson v. Bd. of Educ. (Pasadena) (Dist. Ct. of App., 2d Dist., #26180.) Pl.-Negro applied for transfer from largely-Negro Jr. High to largely-white Jr. High; Def. rejected application. Suit filed; Def. alleged granting of transfer would cause "wholesale requests" by Negroes. Super. Ct. dismissed complaint. Pl's. appeal pending.

Samuel Sheats, Esq., Pasadena.

Amicus appearances: for NAACP by Loren Miller, Esq., 2824 S. Western Ave.; for ACLU of S. Calif. by A. L. Wirin, Esq., 257 S. Spring St.; by Robert E. Burke and Curtis J. Berger, Esqs., 1066 Pagoda Pl., all of Los Angeles.

522.Calif.2. McMurtry v. Bd. of Educ. (San Francisco) (ND Calif., S. Div.) May 1962: Def.-Bd. announced opening of two new Jr. Highs, new zones for each. Pl.-Negro and white parents petitioned Def. to change zone lines, alleging Central Jr. High would have much higher percentage of Negro children than community at large, resulting in it becoming a segregated Negro school in time. Def. refused to change lines. Aug. 1962: Pls. sued for injunction against Def. opening school unless on an integrated basis with same racial composition as in city population generally. Def.-Bd. decided not to open school; suit dismissed.

Frederick D. Smith and Aubrey Grossman. Esqs., 785 Market St., San Francisco.

522.Calif.3. Brock v. Bd. of Educ. (San Francisco) (ND Calif., S. Div. #41034.) Oct. 1962: suit filed by parents of Negro children for declaratory judgment: (1) whether Def. denied Pls. privileges and immunities and violated 42 USC §§1981, 1983, by operating racially segregated public schools, assigning pupils, controlling transfers, refusing to change feeder patterns or initiate any program to desegregate racially imbalanced schools; (2) whether Pls. have constitutional right to attend racially integrated schools under due process, equal protection and privileges and immunities clauses, and Defs. have constitutional duty to provide racially integrated system; and for injunctive relief due to Def's. refusal to negotiate. Pending.

Terry A. Francois, Esq., 2085 Sutter, San Francisco; Loren Miller, Esq., 2824 S. Western Ave., Los Angeles; Robert Carter, Esq., NAACP, 20 W. 40th St., NYC.

522.Calif.3a. LaRoche v. Bd. of Educ. (San Francisco.) Nov. 1962: Pl.-Negro and white taxpayers sued for injunction prohibiting Def. from retaining and paying outside atty. to defend Bd. in Brock, 522.Calif.3, or from arguing in Brock
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that any practice which results in racially segregated schools is lawful. Pending.

McMurray, Walker and Tepper, Esqs., Frederick D. Smith, Esq., 785 Market St., San Francisco.

522.Dela.2. Evans v. Buchanan. (152 F.S. 886, 256 F. 2d 688, c.d. 358 U.S. 836; 281 F. 2d 385, 364 U.S. 933; 207 F. Supp. 820, 7 RRLR 665.) After lengthy litigation, (see VI DOCKET 36), Dela. schools desegregated. 1962: Pl.-Negro children petitioned for transfers from all-Negro school to integrated school outside attendance area. Aug. 1962: DC held: state not under duty to provide integrated education; other criteria (overcrowding, distance) may be considered in making assignments; failure to consider racial problem in setting boundaries not per se unconstitutional; found Defs. had not carried burden of proving boundaries not drawn in discriminatory manner; ordered Pls. admitted to integrated school.

Louis L. Redding, Esq., 923 Market St., Wilmington, Dela.

522.Fla.3. Manning v. Bd. of Pub. Inst. of Hillsborough Co. (Tampa.) (SD Fla., #3554.) (277 F. 2d 370, 7 RRLR 681.) Sept. 1959: Negro Pls. filed for admission to Def.-Bd's. schools on non-segregated basis. Sept: DC denied injunction, held Pls. failed to follow procedure in Pupil Placement Laws, which would provide just remedy. CA 5 reversed, held Pls. entitled to have suits heard on merits whether or not they had followed procedures required by pupil assignment laws. Aug. 1962: DC enjoined Def.-Bd. from applying Pupil Assignment Law in unconstitutional manner; ordered Def.-Bd. to submit plan for desegregation. Pending.

Francisco A. Rodriguez, Esq., 703 Harrison St., Tampa; NAACP Legal Def. & Educ. Fund, 10 Columbus Circle, NYC.

522.Fla.5. Augustus v. Escambia Co. Bd. of Pub. Educ. (Pensacola.) (CA 5.) (306 F. 2d, 862.) 1959: suit by 12 Negro children for injunction against Def.-Bd's. practice of racial discrimination and for immediate desegregation at all levels and phases of school system, including students, teachers, administrative personnel, or, in alternative, for orderly plan of compliance with Brown decision. Mar. 1961: DC: (1) ordered Def. to submit desegregation plan; (2) struck from Pl's. petition prayer for integration of teachers. Sept. 8, 1961: DC approved Def's. plan for gradual desegregation beginning Sept. 1962, with modifications: must apply to all Co. public schools including white and Negro state junior colleges; parents can apply for admission or transfer of children now, effective Sept. 1962. July 1962: CA 5 reversed, found Def's. plan inadequate, must be amended to provide for grade-a-year desegregation, remanded for hearing on integration of teachers issue. Pending.

Charles F. Wilson, Esq., 507 W. Gadsden St., Pensacola, Fla.; Constance B. Motley, Esq., NAACP Legal Defense Fund, 10 Columbus Circle, NYC.

522.Fla.6. Tillman v. Bd. of Pub. Inst., Volusia Co. (SD Fla., Jacksonville Div., #4501.) (7 RRLR 687.) Pl.-Negro and white parents sued for injunction against Def.-Bd. operating schools on racially segregated basis. Def.-Bd. brought state ct. suit for declaratory judgment on Fla. Pupil Assignment Laws, moved to stay DC proceeding pending state suit. Jy. 1960: DC denied Def's. motion for stay. Aug. 21, 1962: DC found Def.-Bd. assigned pupils and teachers on basis of race; held Pupil Assignment Law does not provide adequate remedy; enjoined Def. from operating bi-racial system and assigning teachers on basis of race; ordered Def. to submit desegregation plan by Oct. 1962. Def. and Pls. submitted plans. Pending.

NAACP Legal Def. and Educ. Fund, 10 Columbus Circle, NYC.

522.Fla.7. Stoudenmire v. Braxton. (Jacksonville.) (SD Fla., #4598.) (299 F. 2d 846.) 1960: class suit by Negro parents filed for desegregation of all public schools of Def. 1961: DC denied Def.-Bd's. motion for 3-judge ct. 1961: U.S.S.C. denied Def's. mandamus action for 3-judge ct. Mar. 1962: CA affirmed DC refusal to permit white parents to intervene on Def's. side. Aug. 1962: DC granted Pl. injunction directing Def. to submit desegregation plan; CA 5 affirmed. Def. submitted plan; Pls'. objections pending.

Earl M. Johnson, Esq., 625 W. Union St., Jacksonville; Constance Baker Motley, Esq., NAACP Legal Def. and Educ. Fund, 10 Columbus Circle, NYC.

522.Fla.9. Weaver v. Bd. of Pub. Inst., Brevard Co. (Cape Canaveral.) (SD Fla., Orlando Div., #1172.) Class suit for desegregation of public schools filed. DC denied Def's. motion to dismiss. Pending.

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

522.Fla.10. Mays v. Bd. of Pub. Inst., Sarasota Co. (SD Fla., Tampa Div., #4242-Civ. T.) Class suit for desegregation of public schools filed. DC upheld Pl's. contention that desegregation of teacher assignments is valid part of pupil desegregation suit, denied Def's. motion to strike. Pending.

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

522.Fla.11. Ellis v. Kipp, Bd. of Pub. Inst., Orange Co. (Orlando.) SD Fla., Orlando Div., #1215.) Apr. 1962: class suit for immediate desegregation of public schools filed by 8 Negro families. Complaint alleges state Pupil Placement Law discriminatorily administered. Pending.

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

522.Fla.12. Steele v. Bd. of Pub. Inst., Leon Co. (Tallahassee.) (ND Fla., #854.) Mar. 1962: Pl.-Negroes filed class action for desegregation of public schools. Def's. motion to dismiss denied. Pending.

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

522.Fla.13. Mills v. Boone. (Polk Co.) (ED Fla.)

NAACP Legal Def. and Educ. Fund, 10 Columbus Circle, NYC.

522.Fla.14. Scott v. Bd. of Inst. (St. John's Co.) (SD Fla., #4894.)

NAACP Legal Def. and Educ. Fund, 10 Columbus Circle, NYC.

522.Ga.3. Calhoun v. Letson. (Atlanta.) (ND Ga., Atlanta Div., #6298.) (188 F. Supp. 412.) Jan. 1958: class suit filed
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for 28 minors seeking desegregation of public schools. Jy. 1959: DC enjoined Def.-Bd. from discriminating against Negro pupils; ordered Def. to submit desegregation plan. Jan. 1960: Bd. proposed reverse stair-step desegregation plan. May 1960: DC postponed effective date of integration order to May 1961. June 1961: Def. approved transfers of 10 Negroes to white high schools in Sept. 1961 to start integration. Apr. 30 1962: 10 Negro parents filed motion to amend DC desegregation order, seeking complete elimination of all racial distinctions as to students and teachers, including requirement that only Negroes take placement tests on seeking reassignment. Oct. 31, 1962: hearing on motion; pending.

Donald L. Hollowell and E. E. Moore, Jr., Esqs., 859½ Hunter St. NW, Atlanta.

522.Ga.6. Stell v. McCormac. (Savannah.) (SD Ga., #1316.) Jan. 1962: desegregation suit filed by parents of 36 Negro children seeking injunction against continued operation of compulsory biracial school system, assignment of students and teachers and other personnel without regard to race or color, budgets, contracts and other acts designed to perpetuate racially segregated schools. Pending.

NAACP Legal Def. and Educ. Fund, 10 Columbus Circle, NYC.

522.Ga.7. Emory University v. Georgia. (Atlanta) (Ga. Sup. Ct., #21731.) (7 RRLR 731.) Apr. 1962: Pl.-Univ. sued for declaratory judgment that its acceptance of Negro students would not cause loss of tax exempt status under Ga. Const. Super. Ct. granted Def's. motion for summary judgment. Sept. 14, 1962: Ga. Sup. Ct. reversed, held 2 provisions of exemption statute irreconcilable, struck one, held Pl. could accept Negro students without jeopardizing tax exemption.
522.Ill.1. Webb v. Bd. of Educ. (Chicago.) (U.S.S.C.) Sept. 18, 1961: parents of 32 Negro elementary public school children sued for injunctive relief against alleged racial discrimination practiced by Def.-Bd. in drawing of school district lines, refusing transfer to Negro students seeking to enter schools with a majority of white students, providing lower standards of education in all-Negro schools. Pls. prayed for decree: declaring application and continuation of "neighborhood school" policy unconstitutional and in violation of Fourteenth Amendment; declaring Def. has affirmative duty to provide Pls. with racially integrated school system; requiring Def. to register Pls. in desegregated schools. DC dismissed; CA affirmed. Pls'. appeal to U.S.S.C. pending. Fall 1962: Def. initiated plan permitting transfer of students from neighborhood schools with more than 40 students per class to schools having less than 30 students per class.

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

522.Ill.2. Burrows v. Bd. of Educ. (Chicago.) (ND Ill., E. Div., #62 C 206.) Jan. 19, 1962: suit by Pl.-Negro parents for injunctive relief against reassignment of Negro pupils from over-crowded school, predominantly Negro, to another predominantly Negro school, in view of closer school, predominantly white, which is under-utilized. Nov. 1962: DC granted Def's. motion to dismiss for failure to exhaust state administrative remedies. Pls'. appeal to CA 7 pending.

McCoy, Ming and Leighton, Esqs., 123 W. Madison St., Chicago.

522.Ill.3. McNeese v. Bd. of Educ. (Centreville.) (U.S.S.C.) (199 F. Supp. 403.) White children attended morning sessions, Negro children attended afternoon sessions at same schools. 1957 policy changed; zone lines drawn resulting in de facto segregation at elementary schools. 1961: desegregation suit filed. DC dismissed for failure to exhaust administrative remedy. Pls'. appeal to U.S.S.C. pending.

Rogers, Rogers, Strayhorn & Harth, Esqs., 69 W. Washington St., Suite 1600, Chicago; Richard C. Younge, Esq., 1509 Bond Ave., E. St. Louis, Ill.

522.Ind.1. Pls. v. School Bd. (Gary.) (ND Ind.) Desegregation suit by parents of 110 Negro children alleging 22,000 out of 23,050 Negro pupils attend schools 77 to 100% Negro in population. Sept 10, 1962: trial; pending.

Robert L. Carter, Esq., NAACP, 20 W. 40th St., NYC.

522.Kan.2. Downs v. Bd. of Educ. (Kansas City.) (DC Kan., #KC-1443.) Class suit for school desegregation. Trial held Jan. 1962; decision awaited.

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

522.Ky.10. Walker v. Richmond Bd. of Educ. (ED Ky., Richmond Div., #241.) 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.

J. Earl Dearing, Esq., 608 W. Walnut, Louisville; Jack Greenberg, Esq., NAACP Legal Def. and Educ. Fund, 10 Columbus Circle, NYC.

522.Ky.11. Mack v. Bd. of Educ. (Frankfort.) (ED Ky., #216.)

NAACP Legal Def. and Educ. Fund, 10 Columbus Circle, NYC.

522.La.1. Bush v. Orleans Parish School Bd. (New Orleans.) (ED La., #3630.) (138 F. Supp. 336, aff'd. 242 F. 2d 156, cert. den. 351 U.S. 948; 354 U.S. 921; 252 F. 2d 253, cert. den. 356 U.S. 969; 118 So. 2d 127, 471; 187 F. Supp. 42; 191 F. Supp. 871, aff'd. 367 U.S. 908; 368 U.S. 11; 205 F. Supp. 893, 7 RRLR 349.) 1955: Negro-Pls. sued for injunction to prevent Def.-Bd. from enforcing La. Statutes directing State Bd. of Educ. to withhold approval and funds from any school admitting Negro and white students. Oct. 1958: DC entered final decree ordering desegregation. May 1960: DC ordered stairstep plan beginning with first grade in Fall 1960. (For complete history, see VI DOCKET 37 thru VII DOCKET 118.) Fall 1960: first school desegregated 1st grade; 2 Negro children enrolled; all whites boycotted. Apr. 9, 1962: DC (Wright, J.) ordered desegregation of grades 1 thru 6 Sept. 1962. Apr. 17: Def. moved for new trial and vacation of injunction; DC (Ellis, J.) granted stay. May 23: DC (Ellis, J.) withdrew Apr. 9 order, ordered
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desegregation of only first grade Sept. 1962, with one additional grade each yr.; did not change ruling that pupil placement law could be used only with nonsegregated system of initial assignment. Aug. 25: CA 5 reversed Ellis' order in part to permit some desegregation of 2d and 3d grades. Def. submitted plan for partial desegregation; DC approved. Pending.

A. P. Tureaud, Esq., 821 Orleans Ave., A. M. Trudeau, Esq., 1821 Orleans Ave., both of New Orleans; NAACP Legal Def. and Educ. Fund, 10 Columbus Circle, NYC.

522.La.2. Hall v. St. Helena Parish School Bd. (ED La., #1068.) (287 F. 2d 376, 368 U.S. 830; 197 F. Supp. 649, 6 RRLR 694.) Facts and issues similar to Bush, 522.La.1. Apr. 28, 1960: DC granted Pl's. motion for summary judgment against Def. continuing segregation. CA 5 affirmed. Apr. 1961: voters (incl. only 4 Negroes) voted to close public schools rather than integrate them. Aug. 30, 1961: 3-judge fedl. ct. held unconstitutional Act 2, 1961 2d Spec. Sess., for violating equal protection clause of Fourteenth Amendment in permitting citizens to vote on this issue: "This is not the moment in history for a state to experiment with ignorance. When it does, it must expect close scrutiny . . ."; Ct. found segregation program constitutionally void because it involved such extensive state control, financial aid, active participation. CA 5 affirmed; U.S.S.C. denied certiorari; affirmed 3-judge ct. ruling. Jan. 22, 1962: Pls. in Hall and Davis, 522.La.4, granted injunction requiring Def. to draft desegregation plans for assignment of children, allotment of funds, construction of schools, approval of budgets, elimination of any other discrimination in operation of schools. Pending.

A. P. Tureaud, Esq., 821 Orleans Ave., and A. M. Trudeau, Esq., 1821 Orleans Ave., both of New Orleans; NAACP Legal Def. and Educ. Fund, 10 Columbus Circle, NYC.

U.S. appeared amicus.

522.La.4. Davis v. E. Baton Rouge Parish School Bd. (ED La., Baton Rouge Div., #1662.) (280 F. 2d 380.) Facts, issues, status similar to Hall, 522.La.2.

Alex L. Pitcher, Jr., Esq., 1501 E. Boulevard, Baton Rouge; A. P. Tureaud, Esq., 831 Orleans Ave., A. M. Trudeau, Esq., 1821 Orleans Ave., both of New Orleans; NAACP Legal Def. and Educ. Fund, 10 Columbus Circle, NYC.

522.La.12. Guillory and Elloi v. Tulane Univ. (ED La.) (203 F. Supp. 855; 207 F. Supp. 554, 306 F. 2d 490.) 2 Negro women sued for admission to Def.; Def. accepted Pls'. qualifications, denied admission on ground donations of early benefactors were racially restrictive and it is private institution. Mar. 28, 1962: DC (Wright, J.) held Def. subject to Fourteenth Amendment due to beginnings as public college, presence on Def.-Bd. of state officials, continuing tax exemption; ordered Def. to admit Pls. May 7, 1962: DC (Ellis, J.) granted Def's. motion for new trial, reversed Wright, J. order. Jy. 21, 1962: CA 5 affirmed Ellis, J.; held cause not one for summary judgment; remanded.

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

522.Mich.3. Sherrill School Parents Comm., Bentley v. Bd. of Educ. (Detroit.) (ED Mich., S. Div., #22092.) Jan 22, 1962: injunction suit filed by Pl.-voluntary assn. of 300 Negro and white parents in Sherrill school dist., and Pl.-Negro and white homeowners and parents, alleging Def.-Bd. followed policies and practices designed to create and maintain segregated schools for Negro pupils by: gerry-mandering school district lines, discriminating in employment practices re teachers, permitting deterioration of existing schools and failing to provide new schools, using inexperienced teachers in segregated schools, discriminating re transfers to schools outside district and in student apprenticeship program and in standards of education. Pending consideration by parties of recommendations of Citizens' Comm.

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

522.Miss.1. Meredith v. Fair. (SD Miss., Jackson Div., #3130, CA 5, #19475.) (202 F. Supp. 224, 298 F. 2d 696, 7 RRLR 739-65.) May 1961: Pl.-Negro sophomore at Jackson State, administered by Def., applied for admission to U. of Miss., gave 5 Negro references. Dec. 1961: DC denied Pl.'s requested injunction. CA 5 held Miss. statute requiring applicant to supply recommendations from 5 U. of Miss. alumni unconstitutional; remanded. Feb. 3, 1962: after trial, DC held Univ. not racially segregated institution. June 26, 1962: CA 5 reversed, ordered DC to grant injunction compelling Defs. to admit Pl. Jy. 18: CA 5 Judge Cameron granted stay of CA order of June 26, pending petition for cert. Jy. 28: CA 5 set aside Cameron, J., stay. Cameron, J. issued 2 other stay orders; CA 5 reversed both. Sept. 10: Black, J. of U.S.S.C., vacated Cameron, J. stay, having consulted other U.S.S.C. JJ. Sept. 13: DC issued injunction ordering Def's. to admit Pl. Sept. 18: CA 5 permitted U.S. to appear amicus. Sept. 19: Chanc. Ct. (2d Dist., Jones Co.) granted temporary injunction against Pl., U.S. marshals and Atty. Genl. and Def. officials from enrolling Pl. Sept. 20: Gov. signed Sen. Bill 1501 prohibiting anyone with criminal charge of moral turpitude pending against him from entering any university; Just. of Peace Ct. convicted Pl., in absentia, of false voter registration (as to his address); U.S., as amicus, petitioned DC to enjoin enforcement of Sen. Bill 1501, against arrest of Pl.; DC granted limited injunction against Pl's. arrest; CA 5 also issued similar injunction; DC issued order to show cause why Defs. should not be cited for contempt for failure to enroll Pl. under Sept. 13 order. Sept. 21: DC found Def.-officials not guilty of civil contempt. Sept. 25: CA 5 issued temporary order restraining Gov. of Miss. from interfering with DC order of Sept. 13 and CA order of Jy. 28; CA issued order to show cause why Gov. should not be cited for civil contempt for preventing Pl's. registration. Sept. 28: CA 5 found Gov. guilty of contempt of its Sept. 25 order after Gov. failed to appear or respond to show cause order; ordered Gov. committed to custody of U.S. Atty. Genl. and fine of $10,000. per day unless before Oct. 2 he had shown full compliance with ct. orders. Sept. 30: U.S. Pres. issued proclamation directing all persons obstructing ct. orders re Pl's. admission to cease forthwith. Oct. 9: U.S.S.C. denied Def's. petition for certiorari.

R. Jess Brown, Esq., 1105½ Washington St., Vicksburg, Miss.; Constance Baker Motley and Derrick Bell, Esqs.,

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NAACP Legal Def. and Educ. Fund, 10 Columbus Circle, NYC.

U.S. appeared amicus by U.S. Atty. Genl's. office.

522.Mo.2. Davis v. Bd. of Educ. (Charleston.) (ED Mo., #S62 C51.)

NAACP Legal Def. and Educ. Fund, 10 Columbus Circle, NYC.

522.NY.5. Rector v. Bd. of Educ. (New York City.) (SD NY, #62 Civ. 249.) Jan. 1962: injunction suit filed by Pl.-Negro jr. high pupil on behalf of all Negro and Puerto Rican children similarly situated, alleging Def. controls percentage of Negro and Puerto Rican children attending particular high schools by requiring jr. highs to feed only into certain highs; result: 90% of Negro pupils attend 20% of high schools. Pending.

Paul B. Zuber, Esq., Box 256, Maple Grove Albany Post Rd., Croton-on-the-Hudson, NY.

522.NY.5a. Bannister v. Bd. of Educ. (New York City.) (ED NY, #62 Civ. 3241.) Sept. 1962: suit filed by Negro-Pls. charging Def. with following policy of de facto segregation. Oct. 29, 1962: hearing; decision awaited.

Paul B. Zuber, Esq., Box 256, Croton-on-the-Hudson, NY.

522.NY.6. Branche v. Bd. of Educ. (Hempstead.) (ED NY, #62-C-176.) (7 RRLR 361.) 1949: Def.-Bd. instituted neighborhood school requirement. 1953-1955: due to rapid population expansion, 3 new schools built. 1962: Def.-Bd. sought referendum and vote on bond issue to enlarge 2 predominantly Negro grade schools. Pls. sued for injunction against maintenance of segregated public schools, neighborhood school attendance rule, projected referendum and bond issue. Def.-Bd. cancelled referendum and bond issue, pending DC trial and Commr's. action in 522.NY.6a. Apr. 9, 1962: DC denied Def's. motion for summary judgment; held "Segregated education is inadequate and when that inadequacy is attributable to state action it is a deprivation of constitutional right. . . . That it is not coerced by direct action of an arm of the state cannot, alone, be decisive of the issue. . . . [I]t is certainly primarily the reresponsibility of the educational authorities and not the Courts to form the educational system. . . . It is unavoidably the responsibility of the Courts, however, to isolate forbidden principle and require its exclusion from the action of the educational authorities. . . . What is involved here is not convenience but constitutional interests." Pending.
522.NY.6a. Complaint against Bd. of Educ. (Hempstead.) (N.Y. State Commr. of Educ.) Pls. in Branche, 522.NY.6, filed similar charges administratively. Pending.
522.NY.7.. Blacker v. Bd. of Educ. (Manhasset, Long Island.) (ED NY, #62-C-285.) Suit by Negro parents for desegregation of public schools. Pls. allege predominantly Negro school under-utilized, predominantly white school over-crowded. Pending.

Robert L. Carter, Esq., NAACP, 20 W. 40th St., NYC.

522.NY.9. Aikens v. Bd. of Educ. (Rochester.) (WD NY, #9736.) 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., 271 W. 125 St.; Robert L. Carter and Barbara Morris, Esqs., NAACP, 20 W. 40th St., NYC.

522.NY.10. Bailey v. Bd. of Educ. (Westbury.) (DC NY.) 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.NC.6. Jeffers v. Whitley. (Caswell Co.) (MD N.C., Greensboro Div., #1079.) 1956: class suit filed challenging constitutionality of all state statutes and constitutional amendments requiring segregated schools, and for admission of Negro-Pls. to Def.-Bd's. previously all-white schools. DC, after trial, ordered Def. to reconsider Pls'. applications. Bd. again denied applications. Dec. 1961: DC ordered 2 Pls. admitted, dismissed as to others. Oct. 12, 1962: CA 4 reversed in part, ordered DC to compel Def. to admit all Pls. and enjoin all further discrimination. Remanded to DC.

C. O. Pearson and William A. Marsh, Jr., Esqs., 203½ E. Chapel Hill St., Durham, N.C.

522.NC.12. Griffith v. Robinson. (Yancey Co.) (WD N. C., #1881.) 1958: Negro school condemned; students transported 80 mi./day to city schools. Fall 1959: 27 Negro pupils asked immediate admission to white Co. school; Def.-Bd. refused. 1960: DC directed Defs. to admit Negro pupils to previously all-white high schools in Co.; Bd. complied. 1962: DC denied Pl. admission to all-white elementary school, ordered Def. to prepare plan for full use of all space in Sept. 1963, including all-Negro elementary school now under-utilized. Pending.

Ruben J. Dailey, Esq., Eagle St., Asheville, N.C.; Conrad O. Pearson, Esq., Chapel Hill St., Durham, N.C.; NAACP Legal Def. and Educ. Fund, 10 Columbus Circle, NYC.

522.NC.13. Becton v. Greene Co. Bd. of Educ. (ED N.C., #458.) Apr. 1960: suit filed by 5 Negro students for injunction against Def.-Bd. operating segregated schools and denying Pls. admission to all-white schools after they exhausted all administrative remedies. Sept. 1962: Pre-trial conference. Pending.

C. O. Pearson, Esq., P. O. Box 1428, Durham, N.C.

522.NC.14. Wheeler v. Durham City Bd. of Educ. (M.D. N.C., #C 54-D-60.) 1959: 225 Negro students applied for transfers to white schools; Def.-Bd. accepted 8 requests for transfers. Apr. 1960: suit by parents of 161 Negro students not permitted to transfer. Apr. 11, 1962: DC dismissed suit. Oct. 12, 1962: CA 4 reversed, ordered admission of Pls. to schools for which they applied starting Sept. 1962; declared N.C. Pupil Enrollment Act being unconstitutionally used; ordered DC to enjoin further discrimination. Pending.

C. O. Pearson, Esq., P. O. Box 1428, and William A. Marsh, Jr., Esq., P. O. Box 125, both of Durham, N.C.; NAACP Legal Def. and Educ. Fund, 10 Columbus Circle, NYC.

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522.NC.14a. Spaulding v. Durham City Bd. of Educ. (MD N.C., #C-116-D-60.) Companion case to Wheeler, 522.NC.14. Jy. 20, 1961: DC held Pls. who did not attend Bd. hearing not entitled to relief, Bd. should reconsider others. Bd. admitted 6 pupils to white school, denied admission of 100 pupils. Pl. appeal pending.
522.NC.17. Wynn v. Trs., Charlotte Community College System. (U.S.S.C.) Taxpayers suit filed by 2 Negro Pls. for injunction to halt construction of new campus for Carver College, now meeting in high school bldgs. Allegations: Carver is all-Negro school; Charlotte College is all-white; construction of new campus will perpetuate segregated colleges. May 1961: Super. Ct. denied petition for injunctive relief. Sept. 1961: Charlotte (white) College admitted 4 Negro students. Nov. 8, 1961: N.C. Sup. Ct. affirmed Co. Ct. denial of injunction, held no discrimination shown toward any prospective student. Appeal to U.S.S.C. pending.

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

522.NC.18. Hunter v. Raleigh City Bd. of Educ. (ED N.C., Raleigh Div., #1308.) May 1961: Class suit filed by 66 Negro-Pls. to restrain enforcement, operation, and execution of State Pupil Assignment Act. Pending.

Mitchell, Greene, Ball, Esqs., 507 E. Martin, and Herman L. Taylor, Esq., 122 E. Hargett St., all of Raleigh, N.C.

522.NC.19. Belo v. Randolph Co. Bd. of Educ. (MD N.C., #209-G-62.)

NAACP Legal Def. and Educ. Fund, 10 Columbus Circle, NYC.

522.NC.20. Conley v. Transylvania Co. Bd. of Educ. (WD N.C., #2094.)

NAACP Legal Def. and Educ. Fund, 10 Columbus Circle, NYC.

522.Okla.6. Dowell v. Bd. of Educ. (Oklahoma City.) (WD Okla., #9452.) Oct. 9, 1961: suit filed by parent of Negro student. Issues: 1) constitutionality of state pupil transfer law; 2) "quota" system for Negro students. 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. Pending.
522.Pa.1. Chisholm v. Bd. of Pub. Educ. (Philadelphia.) (ED Pa., #29706.) June 7, 1961: suit filed alleging Def.-Bd. discriminates in assignment of teachers, establishment of school boundaries, transfer of pupils, all on basis of race. Pls. ask order requiring Defs. to submit desegregation plan. Pending.

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

522.SC.1. Briggs v. Elliott. (Clarendon Co.) (CA 4.) (98 F. Supp. 529, 342 U.S. 350; 103 F. Supp. 920; 347 U.S. 483; 349 U.S. 294.) Companion case to Brown. On remand, 3-judge court entered decree July 1955: 1) holding state statutes and constitutional provisions requiring segregated schools unconstitutional; 2) enjoining Defs. from refusing on account of race or color to admit any qualified child to any school in jurisdiction after Defs. have made "necessary arrangements" for non-discriminatory admission, with no date for compliance set. 1959: Def.-Bd. rejected applications of 15 Negro students to transfer to white school. DC rejected Pls'. motion for order requiring Def. to grant transfers. Sept. 26, 1962: Pls'. appeal heard and submitted.

Matthew J. Perry, Esq., 1107½ Washington St., Columbia, S.C.; NAACP Legal Def. and Educ. Fund, 10 Columbus Circle, NYC.

522.SC.2. Brunson v. Bd. of Trs., Clarendon Co. School Dist. No. 1. (CA 4, #8727.) (7 RRLR 370.) 1960: Suit filed seeking desegregation of Summerton schools in Co. 1962: DC held suit not proper class action, ordered all but 1 Pl. stricken, remaining Pl. to file amended complaint. Pls'. appeal to CA 4 pending.

Lincoln C. Jenkins, Jr., and Matthew ePrry, Esqs., 1107½ Washington St., Columbia, S.C.

522.SC.5. Stanley v. Darlington Co. School Dist. No. 1. (ED S.C., #7749.) 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., NAACP Legal Def. & Educ. Fund, 10 Columbus Circle, NYC.

522.SC.6. Brown v. School Dist. 20. (Charleston.) (ED S.C. #7747.) May 28, 1962: Class suit filed by Negro Pls., similar to Stanley, 522.SC.5. 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., NAACP Legal Def. & Educ. Fund, 10 Columbus Circle, NYC.

522.SC.7. Gantt v. Clemson College Bd. of Trs. (WD S.C., #4101.) (208 F. Supp. 416, 7 RRLR 765.) 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. DC denied immediate injunction. Oct. 4, 1962: CA 4 affirmed, but stipulated that trial be held in time for appeal to be processed before opening of new semester in Feb, 1963. 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., NAACP Legal Def. & Educ. Fund, 10 Columbus Circle, NYC.

522.Tenn.1a. Boyce v. Humphreys Co. Bd. of Educ. (Nashville.) (MD Tenn. #3130.) See Kelly, 522.Tenn.1, IV DOCKET 32 — V DOCKET 40. Oct. 9, 1961: Negro parents sued for admission of children to elementary and high schools. Oct. 1961: Defs. submitted plan to desegregate grades 1-5 Jan. 1962, 1 additional grade each year thereafter. Dec. 1961:
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DC ordered 8 Pls. admitted to desegregated classes Jan., 1962 and remaining grades Sept. 1962. Bd. complied. Issue of teacher segregation pending.
522.Tenn.6. Goss v. Bd. of Educ. (Knoxville.) (U.S.S.C., #217.) (301 F. 2d 164, 305 F. 2d 523.) Dec. 1959: class suit filed asking desegregation of all public schools in city. Feb. 1960: DC ordered Def.-Bd. to submit system-wide integration plan Apr. 1960; Bd. complied. Aug. 1960: DC approved Def.-Bd's. stair step plan starting with first grade in Fall 1960, "with free transfers" for all save technical and vocational courses offered at one white high school, which Bd. was ordered to restudy. Apr. 1962: CA 6 reversed; held Bd's. 12-yr. plan of desegregation "adopted at this late date" does not meet "either the spirit or specific requirements of the Supreme Court". Def. desegregated 2 grades Sept. 1962. Oct. 8, 1962: U.S.S.C. granted Def's. petition for certiorari.

Carl A. Cowan, Esq., 101½ W. Vine Ave., Knoxville; Z. Alexander Looby, Avon N. Williams, Esqs. 327 Charlotte Avon N. Williams, Esqs., 327 Charlotte Ave., Nashville; NAACP Legal Def. and Educ. Fund, 19 Columbus Circle, NYC.

522.Tenn.7. Northcross v. Memphis Bd. of Educ. (WD Tenn., #3931.) (302 F. 2d 818, cert. den. 370 U.S. 944.) March 30, 1960: suit filed by parents of 18 Negro pupils for total, immediate desegregation of all city schools. DC denied Pl's. requested injunction, held Def's. pupil assignment plan satisfactory. Mar. 1962: CA 6 held admission of 13 Negro children to previously all-white schools did not constitute desegregation, held: "These transfer provisions [in Pupil Assignment Law] do not make of this law a vehicle to reorganize the schools on a non-racial basis. Nor has the practice for four yrs. under the law been in the direction of establishing non-racial schools"; reversed and remanded. U.S.S.C. denied Def's. petition for certiorari. Decision on remand awaited.
522.Tenn.8. Mapp v. Chattanooga Bd. of Educ. (CA 6, #15038-9.) (203 F. Supp. 843, 295 F. 2d 617.) Apr. 1960: suit filed by parents of 4 Negro pupils asking desegregation of students, teachers and principals in city schools. DC sustained Def.-Bd's. motion to strike all issues re personnel assignment. Nov. 1960: DC sustained Pls'. motion for summary judgment, ordered Def. to submit desegregation plan. Def. filed plan with DC proposing desegregation of selected schools in first 3 grades in 1962. Jan. 1961: DC held plan inadequate; ordered new system-wide plan. Mar. 27, 1961: Def. filed grade-a-year desegregation plan starting Sept. 1961. Nov. 1961: CA 6 affirmed. Mar. 1, 1962: DC ordered Def.-Bd. to desegregate first 3 grades Fall 1962, stairstep desegregation to be completed Sept. 1968. Mar. 1962: DC, following CA decision in Northcross, 522.Tenn.7, rejected admission and transfer provisions of Bd's. plan, ordered new provisions not based on race. DC denied Def's. motion for stay pending appeal.

R. H. Craig, Esq., Chattanooga, Tenn.; Z. Alexander Looby and Avon Williams, Esqs., 327 Charlotte Ave., Nashville, Tenn.; NAACP Legal Def. and Educ. Fund, 10 Columbus Circle, NYC.

522.Tenn.9.. Maxwell v. Davidson Co. Bd. of Educ. (near Nashville.) (U.S.S.C., 217.) (301 F. 2d 828.) Sept. 1960: 12 Negro-Pls. filed desegregation suit. Oct. 1960: after 4-day hearing on grade-a-year stair step plan proposed by Def., DC ordered desegregation of grades 1-4 in Feb. 1961, of fifth grade in Sept. 1961, to catch up with similar plan in Nashville. Defs. will comply. DC ordered desegregation of special summer courses for 11th and 12th graders in upper 25% of class. Pls. filed motion for new trial because none of named Pls. can secure individual relief under DC desegregation plan. DC to hear complaint asking teaching desegregation separately. Aug. 1961: DC ordered first 4 grades desegregated Jan. 1961, one grade each yr. until completely desegregated; permitted transfer plan for students attending school where their race is in a minority. Apr. 5, 1962: CA 6 affirmed, held transfer plan "not in and of itself illegal or unconstitutional", warned against its use to perpetuate segregation; denied immediate transfer of Negro-Pls. to grades not yet desegregated, in interest of orderly plan. Pls'. petition for certiorari granted.

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

522.Tenn.11. Vick v. Co. Bd. of Educ. (Obion Co.) (WD Tenn., #3129.) (205 F. Supp. 436, 7 RRLR 380.) School desegregation suit filed, including assignment of teachers on nonracial basis. Def.-Bd. proposed grade-a-year desegregation. Dec. 1961: DC rejected plan because Negro schools inferior, ordered plan for full desegregation by Apr. 1, 1962 to begin Fall 1962; took question of teacher assignment under advisement; denied injunction. June 4, 1962: DC accepted Bd's. plan, but struck transfer provisions and reference to Tenn. Pupil Placement Act, inserted provision for liberal transfers on nonracial basis not to prevent desegregation, rejected Pls'. contention that allowing Negro pupils choice of attending integrated or all-Negro schools is unconstitutional.
522.Tex.7. Ross v. Rogers. (Houston.) (CA 5.) Fall 1961: Pl.-Negroes charge Def.-Bd. continuing discriminatory practices, despite prior litigation, alleging all 12 Negro applicants denied admission to white schools 1960-61. Nov. 9, 1961: DC denied motion for immediate injunctive relief. Jan. 23, 1962: DC denied Pls'. motion to cite for contempt. Feb. 1962: Def.-Bd. modified "brother-sister" rule, requiring all members of same family to attend same school, to permit older children to attend desegregated schools even if siblings attend segregated kindergartens (which will be desegregated under stairstep plan in 1972). Mar. 1962: DC denied all Pls'. motions, held Pls. not entitled to transfers to all-white schools, upheld brother-sister rule. Pls. appeal to CA5 pending.

Weldon Berry, Esq., Houston, Tex.

522.Tex.10. Flax v. Potts. (Fort Worth.) (CA 5, #19639.) Nov. 1959: desegregation suit filed. Nov. 16, 1961: DC ordered Def. to submit plan for operating schools on non-discriminatory basis by Dec. 16, 1961. Dec. 1961: Pl. granted injunction ordering first grade desegregated Sept. 1962. Def.-Bd's. appeal to CA 5 pending.

L. Clifford Davis, Esq., 403 E. 9th St., Fort Worth; W. J. Durham, Esq., 2600 Flora St., Dallas; NAACP Legal Def. and Educ. Fund, 10 Columbus Circle, NYC.

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522.Tex.14. Eastland v. Wheat. (Northeast Houston.) SD Tex., #13,330.) Sept. 1960: desegregation suit filed. Pending.
522.Tex.15. Evans v. Brooks. (Texas City.) (SD Tex., Galveston Div., #2803.) Aug. 1961: class suit filed by Negro parents seeking desegregation of public schools. Apr. 1962: DC accepted Def.-Bd's. plan to desegregate 10, 11, 12th grades in Sept. 1963, one further grade each year until first grade desegregated in 1973. Pending.
522.Tex.16. Sanders v. Ransom. (U. of Tex.) (WD Tex., Austin Div., #1231.) Suit filed by Negro students at U. for abolition of all segregation in dormitories. Pending.

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

522.Tex.17. Thomas v. Bowen. (Bryan.) (SD Tex., #13,850.)

NAACP Legal Def. and Educ. Fund, 10 Columbus Circle, NYC.

522.Va.1. Allen, Griffin v. Co. School Bd. (Prince Edward Co.) (CA 4.) (103 F. Supp. 337; 347 U.S. 483; 349 U.S. 294, companion case to Brown; 142 F. Supp. 616; 149 F. Supp. 431, 249 F. 2d 462, cert. den. 355 U.S. 953, 164 F. Supp. 786, 266 F. 2d 507, 511; 249 F. 2d 462, 266 F. 2d 507.) School desegregation suit filed. Companion case to Brown. On remand: 1955: decree entered enjoining Def.-Bd. from refusing to admit qualified children on racial grounds. 1955 to 1960: Def. tried to postpone integration. 1960: DC ordered Def. to begin integration "at the earliest practical day"; Sept. 1960: Def. closed all Co. public schools. Sept. 1960: Pls. filed amended complaint seeking injunction against school closing. Apr. 1961: U.S. Dept. of Justice moved to become party-Pl., for DC order 1) prohibiting use of state funds for any public schools in Va. as long as Def. does not provide public schools in Co.; 2) prohibiting use of state or Co. funds in Co. private schools; 3) enjoining state and local officials from refusing to maintain system of free public schools in Co. June, 1961: DC denied motion for intervention. Aug. 1961: DC enjoined Co. from use of tuition grants while public schools remain closed; CA 4 affirmed. Jy. 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. Def's. appeal to CA 4 pending.

S. W. Tucker and Henry L. Marsh, III, Esqs., 214 E. Clay St., Richmond; Otto L. Tucker, Esq., 901 Princess St., Alexandria; Frank D. Reeves, Esq., 1343 H St. NW, Washington, D.C.; Robert L. Carter, Esq., NAACP, 20 W. 40th St., NYC.

522.Va.3a. Adkinson v. School Bd. (Newport News.) (ED Va., Newport News Div., #642.) Parents of 10 Negro children sued for admission to all-white elementary school. May 1959: DC ordered Def.-Bd. to submit desegregation plan. After delays, Apr. 1960: Def. submitted plan requiring applicants for transfer to be tested, assignments on basis of mental and moral health, intelligence, suitability of existing curricula, pupil's adaptability to emotional and social adjustment. DC ordered integration stayed until Sept. 1961 due to consolidation of 2 cities. Aug. 1961: Def. permitted 14 Negro pupils to transfer to previously all-white elementary school, rejected 8 applicants for transfers.
522.Va.4. Hill v. School Bd. (Norfolk.) (ED Va.) (246 F. 2d 325, c.d. 355 U.S. 855; 260 F. 2d 18; 181 F. Supp. 870, 281 F. 2d 131.) 1956: integration suit filed. Feb. 1957: DC ordered Defs. to start desegration of 1st, 7th and 10th grades by August 1957. CA 4 affirmed, held Va. Pupil Placement Law unconstitutional. U.S.S.C. denied certiorari. Aug. 1958 to Feb. 1959: Def. rejected 151 applications for transfers from Negro pupils; DC and CA denied postponement of integration; schools closed. Feb. 1959: 19 Negro students admitted to reopened school, previously all-white. 1959-1960: DC and CA 4 reviewed Def's. decisions on individual applications for transfers. Pending.

Victor J. Ashe, Esq., 1134 Church St.; J. Hugo Madison, Esq., 1017 Church St., Richmond, Va.

522.Va.5. Dillard v. School Bd. (Charlottesville.) (4 RRLR 881, 6 RRLR 439, 1011.) School desegregation suit filed. Aug. 1956: DC ordered Def. to desegregate schools by Fall 1956, granted stay pending appeal. After litigation similar to Hill, 522.Va.4, 1961: Def. adopted new assignment practice, which DC approved. Sept. 17, 1962: CA 4 held provision permitting students in racial numerical minority to transfer invalid because its purpose and effect is to retard integration: white students assigned to predominantly Negro school in their neighborhood will be transferred, while Negro students in that school will not be; ordered certain Negro elementary pupils transferred after Def. and DC had denied transfers; affirmed DC order that Def. transfer certain Negro high school pupils who had been denied transfers due to academic deficiency.
522.Va.6. Brooks v. Co. School Bd. (Arlington Co.) (144 F. Supp. 239, 240 F. 2d 59, c.d. 353 U.S. 911; 252 F. 2d 929, c.d., 356 U.S. 948.) Aug. 1956: DC ordered Def. to desegregate public elementary schools Jan. 1957, jr. and sr. high schools Sept. 1957; granted stay pending appeal. After 2 appeals to CA 4 and U.S.S.C., DC ordered 4 Negro pupils admitted to Jr. High in Jan. 1959, thereafter ruled on applications of Negro pupils for transfers rejected by Def. Fall 1961: substantial number of Negro pupils entered formerly all-white schools. Mar. 1, 1962: DC upheld Def's. desegregation plan with transfer provision for all pupils enrolled in schools in which their race is in a minority, over Pls'. claim that Def. building schools in areas to limit integration; dismissed suit. CA 4 reinstated injunction pending appeal, delayed argument until U.S.S.C. decides racial transfer cases.

Edwin C. Brown, Esq., 1200 Cameron St., Alexandria.

522.Va.13. Kilby v. Warren Co. School Bd. (WD Va.) (6 RRLR 121.) Aug. 1958: Va. Pupil Placement Bd. rejected applications of Negro students to attend white schools. Sept. 1958: DC issued injunction requiring admission. CA re-fused to stay injunction, Va. Gov. ordered school closed. Move started in Co. to operate private schools with publicly-paid teachers, but, on motion, DC enjoined payment of teachers with public funds. Schools reopened with Negro-Pls. admitted. 1960: other Negro students moved to intervene; DC ordered Bd. to submit desegregation plan.
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Jy. 26, 1960: DC approved plan to establish geographic high school districts, permitting pupil assigned to school occupied predominantly by pupils of opposite race to attend school nearest his residence occupied predominantly by pupils of his own race. Sept. 1961: 12 Negro students moved DC to order termination of all racial school assignments by Def. Pending.
522.Va.14a. Bradley v. School Bd. (Richmond.) (ED Va., #3353.) (7 RRLR 713.) Sept. 5, 1961: class action filed by Negro Pls. seeking desegregation of public schools. July 25, 1962: Def. ordered to admit 9 Pls. to previously all-white high school; prayer for injunction against further discrimination denied. Pls. appeal to CA 4 pending.
522.Va.15b. Braxton v. Stafford Co. School Bd. (Alexandria.) (ED Va., #2476.) Sept. 1961: class suit by Negro parents to enjoin enforcement of Pupil Placement Law, alleging intent of statute is to prevent local school bds. from initiating desegregation. Pending.
522.Va.20. Blackwell v. School Bd. (Fairfax Co.) (ED Va., #1967.) Class action for injunctive relief requiring Def. to admit 31 Negro pupils to previously all-white schools. Sept. 22, 1960: DC, after analyzing racial population in Co. (51,803 white — 2,020 Negro), rejected 12 yr. stairstep integration plan, ordered 15 Pls. admitted immediately to all grades, accepted Bd. rejection of 10 applicants on scholarship and geographical grounds. Nov. 1960: DC refused to enter general order enjoining segregation, dismissed suit. Pls. moved for new trial; pending. All Pls. who applied for admission Sept. 1962 admitted.
522.Va.21. Green v. School Bd. (City of Roanoke.) (WD Va., Roanoke Div., #1098.) (304 F. 2d 118; 7 RRLR 725.) Class suit filed for desegregation of schools. Jy. 1961: after trial, DC ordered pupil placement bd. to reconsider applications of 15 Negro pupils whose transfers had been denied. Def. admitted 5. Oct. 1961: DC denied Pls'. prayers for relief. June 1962: CA 4 reversed, held Va. pupil assignment system as applied discriminatory and unconstitutional, Pls. entitled to relief sought, and to injunction on behalf of others similarly situated, held if on remand Def. submits plan to end discriminatory practices, then, rather than Pls. being entitled to immediate admission to non-segregated schools, their admission may be in accordance wth such plan, which plan must "provide for immediate steps looking to the termination of the discriminatory practices 'with all deliberate speed' in accordance with a specified time table." Bd. submitted amended plan providing complete desegregation by 1968; DC approved. Appeal pending.

NAACP Legal Def. and Educ. Fund, 10 Columbus Circle, NYC.

522.Va.21a. Marsh v. School Bd. (Roanoke Co.) (WD Va., Roanoke Div., #1095.) (305 F. 2d 94; 7 RRLR 729.) 1961: class desegregation suit filed. Jan. 1962: 2 Negro pupils admitted to formerly all-white high school. Mar. 15, 1962: DC approved Def's. plan for grade-a-year desegregation with transfer provisions. June 12, 1962: CA 4 reversed, held system as administered in Co. unconstitutional and injunctive relief required. Order similar to Green, 522.Va.21. Pending.

Reuben Lawson, Esq.

522.Va.24. Jackson v. School Bd. (Lynchburg.) (WD Va., Lynchburg Div., #534.) (7RRLR 728.) In class desegregation suit, DC found assignment procedures of Def. and state pupil placement bd. discriminatory, directed Def. to submit general desegregation plan, ordered 2 of 4 Negro Pls. reassigned to white schools. Sept. 28, 1962: CA 4 held that, since DC found all 4 Negro pupils would have been assigned to white schools if they had been white, the 2 Pls. with low aptitude score should also be admitted to white school. Remanded.
522.Va.25. Anderson v. School Bds., West Point and King William Co. (Richmond.) (ED Va., #3365.) (7 RRLR 710.) Sept. 22, 1961: Negro Pls. sue for injunction to prevent state Pupil Placement Bd. from denying 10 Negro students admission to white schools. Aug. 13, 1962: DC ordered Defs. to admit individual Pls. and submit plan for desegregation of elementary schools. Nov. 7, 1962: Bd. filed plan. Pending.

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

522.Va.26. McLeod v. Chesterfield Co. School Bd. and Va. Pupil Placement Bd. (near Richmond.) (ED Va., #3431.) Feb. 28, 1962: suit filed by parents of 15 Negro pupils for injunction requiring admission to all-white Ettrick grade school. Oct. 31, 1962: Trial held; decision awaited.
522.Va.27. Williams v. Winchester School Bd. (WD Va., Harrisonburg Div., #629.) Mar. 1962: desegregation suit filed. June 1962: DC found Def. failed and refused to eliminate racial segregation, ordered 2 Negro Pls. admitted to all-white high school in Sept. 1962, forbade Def. to grant or deny transfers on racial basis, ordered Def. to prepare desegregation plan.
522.Va.28. Scott v. Fredericksburg School Bd. (ED Va.) 2 Negro pupils denied admission to white James Monroe school. Mar. 7, 1962: desegregation suit filed. Pending.
522.Va.29. Brown v. Frederick Co. School Bd. (WD Va.)

NAACP Legal Def. and Educ. Fund, 10 Columbus Circle, NYC.

522.WVa.3. Taylor v. Raleigh Co. Bd. of Educ. (SD W.Va.) 1955: desegregation suit filed; Dec. 21, 1955: DC ordered integration by Feb. 1956. Nov. 13, 1961: DC granted Pl's. motion to reopen case on allegations that Bd. failed to desegregate, gerrymandered school zones. Pending.
523. Suits To Prevent Integration (see also 204, 213, 223)
524. Miscellaneous Suits to End Segregation (see also 555)

524.2. Shaffer v. White Citizens' Council Forum, Miss. Sovereignty Comm., Miss. Gov. Barnett, Treas. Gandy. (SD Miss., #3068.) Jan. 7, 1961: Pls., white lawyer and union
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officials and Negro grocer, filed class suit to enjoin payment of public funds to help finance radio, TV shows sponsored by Def. Comm. and Citizens Councils. Pending.

William L. Higgs, Esq., 707 N. Congress St., Jackson, Miss.

530. Housing — Racial Discrimination
Law review articles:

Nathaniel S. Colley and Milton L. McGhee, Calif. and Wash. fair housing cases, 22 Law in Trans. 79-92

Arval A. Morris and Daniel B. Ritter, Racial minority housing in Washington, 37 Wash. 131-51

Boris Bittker, The case of the checker-board ordinance: An experiment in race relations, 71 Yale 1387-1423

Louis Henken, Shelley v. Kraemer: Notes for a revised opinion, 110 U. Pa. 473-505

Comment:

State legislative prohibition of discrimination in private housing: Demise of legislation dependent upon government loan insurance, 37 Notre Dame 394-99

531. In Public and Publicly-Assisted Housing — Urban Renewal (Title I)

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

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

532. In Publicly-Assisted Housing — FHA and VA

532.24. Hudson v. Branden Enterprises, Tropicana Village. (Calif.) (Santa Clara Co. Super. Ct.) Mar. 22, 1960: Pl.-Negro couple sought injunction against Def.-developers selling any houses in 10,000-house tract until Pls. allowed to buy one, and $15,000. damages each. Pending.
532.25. Holmes v. Bank of America. (San Diego.) (Dist. Ct. of App., 4th App. Dist.) Sept. 1960: Negro-Pl. filed suit for injunctive relief against Def., alleging refusal to sell to Pl. solely on basis of race, and for damages, under Calif. Civ. Code §§51, 52, Health & Safety Code §§35700-35740. Trial ct. denied injunction; Pls. appeal to DCA pending.

Gostin & Katz, Esqs., 326 Broadway, San Diego, Calif., Legal Redress Panel, NAACP, San Diego.

532.26. Gregory v. Zehman. (Cleveland.) (Com. Pleas Ct., #742-019.) Aug. 17, 1960: Pl.-Negro sued Def.-builder, alleging refusal to sell to Pl. solely on basis of race. Issue: may builder operating under FHA or VA systems discriminate under Fifth and Fourteenth Amendments, 12 USC 1701-1750JJ, 38 USC 1801-1824, 42 USC 1982, Ohio Const. Art. I, §1, 16 and public policy of Ohio. Pending.

Milus J. Graham, Esq., 920 E. 105; James B. Taylor and Clarence H. Holmes, Esqs., Prospect-4th Bldg., all of Cleveland.

533. In Private Housing

533.20. Progress Development Corp. v. Mitchell. (Deerfield.) (ND Ill., E. Div., #5 C 2050.) (182 F. Supp. 681, 228 F. 2d 222.) Pl.-Corp. planned integrated development, filed action for injunctive relief against 21 village officials and 2 citizens' organizations, alleging violation of Fourteenth Amendment and Fedl. Civil Rights Act through Defs'. interference with construction of homes by condemnation of land for park purposes. Dec. 1959: DC issued order. Mar. 1960: DC lifted order, held Pl. failed to prove conspiracy among Village officials to oust Pl's. development, or any violation of civil rights, held Pl's. controlled-occupancy plan discriminatory and illegal because providing for permanent ratio of 80-white to 20-Negro buyers by means of covenants — therefore Pl. does not have "clean hands" necessary for injunctive relief. Jan. 4, 1961: CA 7 unanimously reversed because DC erred in passing on merits on basis of preliminary hearing; remanded case to DC for trial. Pending.
533.20a. Progress Development Co. v. Mitchell. (Ill.) (Ill. Sup. Ct.) Facts same as 533.20. Suit filed in Lake Co. Ct.; dismissed. Issue: whether Def. park bd. used power of eminent domain solely to prevent sale of homes by developer to Negroes in violation of equal protection of law. Apr. 1961: Ill. Sup. Ct. reversed, remanded for trial.

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

533.22. Divine v. Koch. (Calif.) (Sacramento Super. Ct.) Pl.-Negro seeking injunction and damages from Def.-apartment house owner on charges of racial discrimination. Issue: application of Calif. Public Accommodations Law, Civil Code, §51, to real estate brokers and salesmen under Calif. Atty. Genl's. opinion #59/294. Pending.

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

533.26. Case v. Colorado Anti - Discrimination Comm. (Colo.) (Colo. Sup. Ct.) Negro couple offered to buy home from Appt.-Co.; offer refused. May 1960: Appee-Comm. found refusal solely on basis of race. Appt. appealed decision. June 2, 1961: Trial ct. held Colo. Fair Housing Act §6(12) unconstitutional: vague and indefinite, unlawful delegation of legislative authority to administrative agency, facts supported admr. finding. Commission's appeal pending.
533.30. Swann v. Burkett. (Berkeley.) (Dist. Ct. of App., 1st App. Dept., #20,464.) Nov. 1960: Pl.-Negro law student filed suit for damages against Def.-apt. house owner, alleging refusal to rent solely on basis of race. Apr. 28, 1961: Muni. Ct. found Def. discriminated against Pl. on basis of race; held Civ. Code §51 Public Accommodations Act re "business establishments" does not cover rental residential property; granted Defs'. motion for non-suit. App. Dept., Super. Ct. reversed. Defs'. appeal pending.
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Prof. Geoffrey C. Hazard, Jr., Univ. of Calif., Boalt Hall, Berkeley.
533.31. McKibbon v. Michigan Corp. Sec. Comm. (Mich. Sup. Ct.) (7 RRLR 851.) Jy. 1960: Def.-Comm. promulgated rule forbidding real estate brokers and salesmen from refusing to sell or offer to buy, list, or lease any real estate on basis of race, color, religion, national origin or ancestry of any persons. Pl.-broker obtained temporary restraining order pending heaing on merits. Issues: is regulation valid exercise of rule-making power, is it violation of due process? 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.

Paul Adams, Atty. Genl. of Mich., Lansing.

Amicus appearance by Erwin Ellmann, Esq., for Det. Branch of ACLU, Am. Jewish Congress, NAACP.

533.32. Smith v. Curt Craft. (Portland.) (Multnomah Co. Cir. Ct., #265957, #266890.) Complaint filed with Civil Rights Div., Ore. Bur. of Labor charging Def.-construction corporation with discrimination against Negro applicants for housing. Commr. of Labor, at administrative hearing, held against Defs.; their appeal pending.

Robert Y. Thornton, Atty. Genl. of Ore.; Thomas N. Trotta, Asst. Atty. Genl., 1216 S.W. Hall St., Portland.

533.37. Droeger v. DeVries, Select Realty and Rentals. (San Francisco Super. Ct.) Mar. 10, 1961; Nisei-Pl. filed $10,250. damage suit under Civil Code §51 against Def.-real estate firm for refusal to give Pl. list of rental properties because of her Japanese ancestry. Pending.
533.39. Johnson v. Coldwell, Banker and Co. (Sacramento.) (Sacramento Co. Super. Ct., #132566.) Pl.-Negro paid deposit to Def. to lease bldg. to operate restaurant, signed deposit agreement embodying terms and conditions of proposed lease (which was never executed). In reliance thereon, Pl. incurred expense in preparation of moving, purchased equipment; Def. remodeled bldg. to meet Pl's. specification. When surrounding property owners objected, Def. reneged. Sept. 30, 1961: Pl. sued under Unruh Civil Rights for $12,500. for expenses, loss of profits, fair value of premises and punitive damages. Pending.

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

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

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

533.46. Ambler v. Park Ave. Investment Co., Inc. (Super. Ct., Sacramento Co., #133247.) Oct. 6, 1961: Pls. filed suit under Civ. Code §51, alleging Defs. allowed Negro-Pl. to move into apartment, but when Defs. discovered Pls'. race, demanded they be removed. Suit asks $10,000. damages and injunctive relief. Pls'. motion for ex parte temporary restraining order granted. Pending.

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

533.48. Vaught v. Village Creek Homeowners Assn., Inc. (Norwalk.) (Fairfield Co. Super. Ct.) (7 RRLR 849.) Defowners of unit of 52 houses ($19,000.-$70,000.) operated by integrated assn. refused to sell Pl.-Negro a particular home on ground this would make part of unit segregated. Pl. sued, alleging violation of Conn. Fair Housing Act, Conn. Genl. Stats. (Rev. 1959) §§53-34 to 53-36. Sept. 6, 1962: Trial ct. denied Def's. demurrer based on failure to exhaust administrative remedies thru Conn. Civil Rights Comm. Pending.
533.49. Ruiz v. Bertolotti. (Nassau Co. Sup. Ct., #12959/1961.) One Farber built 6 houses, accepted $1,000. down payment from Pl.-Puerto Rican family. Def.-neighbors allegedly threatened to assault Farber and ruin him financially if he did not cancel sale to Pl. Farber returned $1,000. to Pl. Pl. sues for $21,000. damages charging intentional infliction of emotional distress. Nov. 14, 1962: Defs. motion to dismiss denied. Pending.

Michael O. Finkelstein, Esq., 425 Park Ave., NYC.

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.

533.54. Mims v. Values, Inc. (Berkeley.) (Berkeley-Albany Muni. Ct.) Sept. 1962: After several weekends of picketing by CORE, Negro-Pl. filed suit against Def.-realtor alleging refusal to rent apartment on basis of race, under Calif. Civil Code §§51, 52. Pending.
533.55. Curtiss v. Interlake Realty. (Wash. Sup. Ct., #36696.) Sept. 25, 1962: Pl. filed suit under Wash. Code §4960.215 alleging discrimination by realtor. Issue: is real estate office a place of public accommodation? Pending.

Amicus appearance by Gene Godderis, Esq., Asst. Atty. Genl., State of Washington.

533.56. Thomas v. Alexander, Goolis, Paxinos. (San Francisco Muni. Ct., ##477389, 477388.) Aug. 28, 1962: 2 suits filed by Negro-Pl. alleging Def.-landlords refused to rent apartments to her solely because of race, in violation of Unruh Act. Pending.

Arnold M. Greenberg, Esq., 22 Battery, San Francisco.

533.57. Helper Bros. Bldg. Co. v. Haffner. (Cleveland.) (Cuyahoga Co. Com. Pleas Ct., #744556.) Pl. sold home to Def.-white
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Atty. who immediately resold to Negro-buyers. Pl. sued Def. for money, mandatory injunction, cancellation and rescission of deed. Pending.

Walter Haffner, Esq., 1010 Standard Bldg., Cleveland.

533.57. Mason v. Grenell. (Shaker Hts.) (Cuyahoga Co., ##771,611, 771,612.) Pl.-Negro dentist signed purchase agreement to buy home from Def.-seller, residing in Calif. White neighbor obtained contributions from others, notified Def. that Pl. is Negro, purchased home, holds title in trust. Pl. suing for injunctive relief, specific performance and damages. Ct. issued temporary restraining order preventing present title holder from conveying title to third party. Defs'. motion for removal to DC pending.

Thomas S. Watson, Clarence Holmes and Joseph Finley, Esqs., Cleveland.

534. Omnibus Suits to End Housing Segregation

534.1. Cotillion Club, Inc. v. Detroit Real Estate Bd. (ED Mich., S. Div., #22058.) Suit by Pl.-organizations of Negro real estate agents, brokers and salesmen and individual Negrorealtors against three Def.-assns. of white realtors under fedl. anti-trust laws, 15 U.S.C. §§15, 26 and Civil Rights Acts. Pls. allege: 1) Defs. engage in interstate commerce in sale, transfer and financing of real estate in Detroit metropolitan area; 2) Defs. create and carry out restrictions to limit and control quality of real estate available to Negroes and for handling by Negro realtors; 3) Defs. fix prices and conspire to prevent competition between Negro and white purchasers and realtors thru "gentlemen's agreement", Code of Ethics;) 4 Defs. misuse copyright and trademark rights in term "realtor". Pls. seek declaratory judgment and injunctive relief. Pending.

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

And see Ming, III DOCKET 86, #532.2.

535. Miscellaneous Housing Suits
540. Transportation — Racial Discrimination
Comment:

Segregation in transportation, 13 Temple 322-33

541. In Interstate Facilities
And see cases at 51, 54, 55, 58.
541.I.C.C.. Re Interstate Commerce Commission Regulations. (I. C.C.) 1961: I.C.C. regulations became effective prohibiting discrimination in interstate buses and terminal facilities subject to §216, Interstate Comm. Act, requiring posting of signs that seating aboard vehicle is without regard to race, color, creed, or national origin, and similar message on all tickets. Para. 7: "Every motor common carrier of passengers ... in interstate ... commerce shall report to the secy. of the ICC, within 15 days of its occurrence, any interference by any person, municipality, county, parish, state, or body politic with its observance of these regulations. Such report shall include a statement of the action that such carrier may have taken to eliminate any such interference".
541.Ala.1. Baldwin v. Morgan. (Birmingham.) (ND Ala.) (251 F. 2d 780.) Pl.-Negro couple arrested while sitting in waiting-room of railroad station marked "inter-state and white passengers"; released without charge. DC dismissed Pls'. action for declaratory judgment under Civil Rights Act. CA 5 held complaint sufficient since Defs. acting under color of state law; remanded. DC held against Pls. CA 5 reversed and remanded. Pending.

Oscar W. Adams, Jr., Esq., 1630 - 4th Ave., Birmingham, Ala.

541.Ala.5. Rev. Shuttlesworth v. Dobbs Houses. (ND Ala., #9765.) (7 RRLR 835.) Sept. 19, 1960: 5 Negro Pls. filed class suit for injunction against segregation at City airport restaurant and in airport limousine. July 18, 1962: DC issued injunction as to restaurant, found no evidence of recent discrimination in other facilities.
541.Ala.6. Alabama v. Zweig. (Birmingham.) (Birmingham Muni. Ct.) May 17, 1961: 16 Negro and white students and non-students arrested at bus station after bus driver refused to let them board bus for Montgomery. Charges: interfering with officer, refusal to obey officer. Bond: $25. on each count. Pending.
541.Ala.9. Alabama v. Rev. Abernathy. (Montgomery.) (Ala. Sup. Ct.) May 1961: 11 (Yale) Freedom Riders arrested in Trailways Bus Terminal, charged with breach of peace. Sept. 15, 1961: Defs. convicted after postponed trial; 30 days and $100. Defs. admitted to bail pending appeal. Oct. 23, 1962: Ala. Ct. of App. affirmed. Petition for certiorari to Ala. Sup. Ct. pending.

NAACP Legal Def. and Educ. Fund, 10 Columbus Circle, NYC.

541.Ala.12. U.S. v. City of Montgomery, Bd. of Commrs., Ranch Enterprises, Inc. (CA 5.) (201 F. Supp. 590, 7 RRLR 195.) Jy. 26, 1961: Justice Dept. sued for injunction requiring Defs. to cease racial segregation at Montgomery Dannelly Field Airport, alleging segregation is unconstitutional, violates 1958 Fedl. Aviation Act; Civil Aeronautics Bd. and Fedl. Aviation Agency requested suit be filed after many complaints received. Jan. 3, 1962: DC ordered Defs. to desegregate facilities at Montgomery Municipal Airport, and remove racial signs on restrooms, lounges, restaurant. DC denied stay pending appeal. CA 5 Judge Rives denied stay pending appeal.
541.Ala.13. Alabama v. Sizemore, Greyhound Restaurant Mgr. (Birmingham.) (Birmingham Muni. Ct.) Nov. 3, 1961: Def.-mgr. arrested after Negroes and whites observed eating together in terminal restaurant. Charge: violating city ordinance forbidding operation of integrated eating establishment. Released on $100. bond; pending. Pls. sought to revoke franchise on restaurant.
541.Ala.14. U.S. v. City of Birmingham Officials. (ND Ala.) Dec. 14, 1961: U.S. filed suit seeking declaratory judgment and injunction against Defs. enforcing Ala. statutes requiring
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segregated facilities at interstate transportation facilities. Jan. 5, 1962: DC issued preliminary injunction enjoining Defs. from harassing or arresting any officer or agent of any facilities subject to I.C.C. order for providing such facilities or services on desegregated basis.
541.Calif.2. Bangsal and Anderson v. Harrah's Club, Greyhound Bus Lines. (Alameda Co. Super. Ct.) June 20, 1961: Pl.-Puerto Ricans filed damage action alleging Def.-Co. told them they couldn't board bus in Calif. for Def's. Nevada club, should get money refunded. Case settled before trial; Pl. received $2,000 damages; Def. agreed to halt discrimination.

Marshall W. Krause, Esq., for ACLU of N. Calif., 503 Market St., San Francisco.

541.Calif.3. Thomas v. Nevada Club. (San Francisco Muni Ct., #447044.) Suit for failure to provide Negro-Pl. with service, under Calif. Civ. Code §51. Pending.

Malcolm Burnstein, Esq., 1440 Broadway, Oakland.

541.Fla.2. Dresner v. City of Tallahassee. (Fla. Sup. Ct.) June 16, 1961: 10 Defs. arrested while attempting to use white facilities at airport after flying into city; charge: refusal to disburse after order to do so. Defs. convicted in Muni. Ct.; $500. each. Appeal pending.

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

541.Fla.3. Smith, Callender and O'Connor v. Florida. (Ocala.) (5th Jud. Cir. Ct., Marion Co.) June 16, 1961: 2 Negro, 1 white arrested while attempting to use white facilities. Charge: unlawful assembly. Defs. convicted in Muni. Ct.; $250. or 90 days; 30 days and $500. or additional 6 mths.; 6 mths. and $300. or additional 6 mths. Appeals pending in Cir. Ct.

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

541.Fla.4. Lamb v. Hillsborough County Aviation Auth. (SD Fla., #4020.) Suit to enjoin racial discrimination at Tampa Intl. Airport. June 4, 1962: trial, decision awaited.

NAACP Legal Def. and Educ. Fund, 10 Columbus Circle, NYC.

541.Ga.2. Georgia v. Defs. (Atlanta.) (Atlanta City Ct., Fulton Co. Crim. Ct.) Oct. 20, 1960: 22 Negroes arrested while seeking service at Terminal RR Station restaurant. Oct. 21: 19 Defs. convicted of loafing, disturbing the peace; 20 days in city prison farm, (10 days suspended). 3 Defs. charged with violating 1960 anti-trespass law for refusing to leave lunch counter; refused to post bond pending trial. Oct. 24, 1960: after conference, Mayor ordered immediate release of 19 City Defs.; 3 Co. Defs. permitted to sign own bonds; all released. Pending.
541.Ga.3. Georgia v. Rev. Moss. (Atlanta.) (Fulton Co. Crim. Ct.) Feb. 15, 1961: 7 Negro ministers, 1 white minister arrested during sit-in at Terminal Station restaurant. Charge: trespass. Pending.
541.Ga.5. Georgia v. Defs. (Atlanta.) (Atlanta City Ct.) Nov. 1, 1961: 4 members of SNCC arrested while seeking service at Trailways Terminal restaurant. Pending.
541.Ga.6. Georgia v. U.S. (U.S.S.C., #114.) (201 F. Supp. 813.) Nov. 1, 1961: suit by state to enjoin enforcement of I.C.C. regulation of Nov. 1, 1961. DC held for Def. Oct. 9, 1962: U.S.S.C. dismissed state's appeal.
541.La.1. Adams v. City of New Orleans. (ED La., #6436.) Class action to enjoin operation of dining facilities in municipally-owned airport on racially segregated or discriminatory basis. Jy. 1960: application for preliminary injunction denied pending full hearing on permanent injunction. Mar. 2, 1962: DC denied Pl's. motion for summary judgment. Aug. 2, 1962: DC granted preliminary injunction. CA 5 denied stay pending appeal.

NAACP Legal Def. and Educ. Fund, 10 Columbus Circle, NYC.

541.La.2. U.S. v. New Orleans, Aviation Bd. and Interstate Hosts, Inc. (ED La.) June 26, 1961: Justice Dept. sued for injunction requiring Defs. to cease racial segregation at Moisant Intl. Airport. Complaint alleges: 1) Def.-city violated terms of $1,125,000. airport aid contract with U.S. prohibiting discrimination in any terminal facilities; 2) Fedl. Aviation Act bars "unjust discrimination" in operation of interstate air transport; 3) restaurant segregation is unconstitutional burden on interstate commerce. Pending.
541.La.4. U.S. v. Lassiter. (Alexandria, Ruston, Monroe.) (U.S. S.C., #116.) (203 F. Supp. 20.) 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 I.C.C. regulation; (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 La. dist. ct. restraining orders compelling enforcement thereof, and Cos. from maintaining segregated signs and facilities. Oct. 9, 1962: U.S.S.C. (7-0) affirmed.
541.La.5.. Louisiana v. Walmsley, Trailways Station Mgr. (Shreveport.) (Caddo Parish Ct.) Nov. 1, 1961: Def.-Mgr. refused to ignore I.C.C. order as advised by local officials, removed racial signs from terminal waiting roomse. Def. arrested; released on $250. bond. Pending.
541.La.6. U.S. v. Local Officials. (Shreveport.) (WD La.) Nov. 1961: U.S. filed suit. Facts and issues similar to 541.La.4. Pending.
541.Miss.1. Mississippi v. Farmer, "Freedom Riders". (Jackson.) (6 RRLR 544.) May 24, 1961 to Jy. 31, 1961: Negro and white students and non-students arrived in city in interstate buses, trains, planes; promptly arrested on attempting to use terminal facilities labeled "whites only". Charge: breach of peace. Mar. 29, 1962: on appeal from convictions of N.Y. Assemblyman Lane and NY NAACP Pres. Sutton, pros. atty. moved for acquittal; Co. Ct. granted acquittal. 54 of 300 Defs. pleaded no contest; fined $200. plus costs. Other Defs. tried in City Ct. convicted; $500. appeal bond for each. Fall 1961-May 1962: tried de novo in Co. Ct. (2/day); all convicted, $1,000. appeal bond for each. (No Miss. surety co. has put up bail for Defs.; all have had to put up cash.) Cir Ct. affirmed convictions in 9 cases; appeals to Miss. Sup. Ct. pending.
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NAACP Legal Def. and Educ. Fund, 10 Columbus Circle, NYC.
541.Miss.4. Mississippi v. Frieze, Carey, Luster. (Jackson.) (Miss. Sup. Ct.) Jy. 22, 1961: 5 Freedom Riders arrested, charged with breach of peace. Convicted; 4 mths. and $200. Bonds for appeal posted. DC rejected appeal; held fedl. ct. without jurisdiction, returned to state ct.

William Kunstler, Esq., 511 - 5th Ave., NYC.

541.Miss.5. Mississippi v. Rev. Morris. (Jackson.) (Hinds Co. Ct.) Jy. 13, 1961: 15 Negro and white ministers from all over U.S. arrested as Freedom Riders; charge: breach of peace. Convicted; $200. and 4 mths. 2 Def.-ministers served terms. 13 posted $500. individual appeal bonds. On appeal, charge against Def. dismissed; Mississippi dropped charges against 14 others.

Carl Rachlin, Esq., 280 Broadway, NYC.

And see Rev. Morris, 304.17.

541.Miss.6. Bailey v. Atty. Genl. Patterson. (Jackson.) (SD Miss., #3133.) (199 F. Supp. 595, 368 U.S. 346; 295 F. 2d 452.) Class suit for injunction against enforcement of segregation at bus, RR, airline terminals by state officials and police. Nov. 1961: 3-judge ct. denied relief on ground of abstention doctrine. Dec. 1961: U.S.S.C., per curiam, denied Pls'. motion (under 28 U.S.C. §1253) for extraordinary remedy of injunction to stay prosecution of state criminal cases pending appeal to U.S.S.C. Feb. 1962: U.S.S.C., per curiam, held: 1) App'ts. lack standing to enjoin criminal prosecutions in Miss. under Miss. Code 1942, Tit. 11, §§2351, 2351.5, 2351.7; Tit. 28, §§7784, 7785, 7786, 7786-01, 7787, 7787.5 because they are not threatened with prosecution. 2) App'ts. have standing to enforce their rights to nonsegregated treatment as passengers using segregated transportation facilities. 3) No state may require racial segregation of interstate or intrastate transportation facilities. 4) 3-judge fedl. ct. not required when, as here, prior decisions make frivolous any claim that statute is not unconstitutional on its face. U.S.S.C. vacated and remanded to DC. 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; dismissed. Pls. appeal to be filed.

R. Jess Brown, Esq., 1105½ Washington St., Vicksburg, Miss.; NAACP Legal Def. and Educ. Fund, 10 Columbus Circle, NYC.

541.Miss.7. U.S. v. Fraiser. (Greenwood.) Suit by U.S. against enforcement by Def.-City officials of state laws and state ct. orders requiring segregation in interstate terminals, in violation of I.C.C. order. Dec. 1961: DC issued injunction, pending appeal in Lassiter, 541.La.4.
541.Miss.8. Mississippi v. Moses. (McComb.) (Cir. Ct.) Oct. 31, 1961: Police ct. trials for 15 adult Defs. Charge: disturbing the peace; convicted: 4-6 mths. and $200-$500. Served 6 wks. until $1,000. bond raised for each. May 24, 1962: in appeal trials, Defs. Moses, McDew and Tolbert convicted after State testimony that Defs. were upsetting white citizens so there might have been a riot. Appeals to Cir. Ct. pending.

Jack Young, Esq., 115½ Farish St., Jackson, Miss.

541.Miss.9. U.S. v. Mayor and Selectmen of McComb City. (SD Miss., #3215.) (6 RRLR 1169.) Nov. 1, 1961: Suit filed by fedl. govt. for declaratory judgment and injunctive relief under I.C.C. regulation. Nov. 21: 3-judge fedl. ct. (2-1) held unconstitutional 3 Miss. acts requiring segregation in intra-state terminals, ordered Defs. to remove racial signs at Greyhound Bus and Ill. Central RR stations, including those erected by Defs. after terminals removed their own signs.

Nov. 29: 5 Negroes severely mauled and driven from bus terminal after seeking service at lunch counter formerly for whites only; police escorted Defs. to station and placed them on bus for New Orleans. Dec. 1: 6 Freedom Riders served at integrated lunch counter, while white crowd of 500 gathered. Pending.

541.Miss.10. Douglas v. CORE. (McComb.) (SD Miss., #3233.) Dec. 2, 1961: Pls. sought injunction against Defs. conducting further tests of desegregation at Pl's. terminal. DC issued 10-day restraining order forbidding Defs. from "sponsoring, financing or encouraging" persons to utilize the facilities in McComb; later extended order.
541.Miss.13. Mississippi v. Rev. Chas. Jones, Taylor and G. Jackson. (Jackson.) (Jackson Muni. Ct.) Nov. 1, 1961: City police ordered 3 Negro Defs. to move out of white waiting room in Trailways terminals. When Def. asked if this wasn't in defiance of I.C.C. order, Def. arrested. Pending.
541.Miss.14. U.S. v. Jackson City Officials. (Jackson.) (SD Miss.) (206 F. Supp. 45, 7 RRLR 872) Nov. 1961: U.S. filed suit. Facts and issues similar to 541.Miss.9; pending.
541.Miss.15. Mississippi v. Bell. (Jackson.) (Jackson City Ct.) Jan. 10, 1962: Def.-Negro attorney arrested when he refused to leave waiting room at Ill. Central RR. terminal formerly designated by signs "Whites Only". Def. released on $500. bond.
541.Miss.16. U.S. v. Oxford City Officials. (Oxford.) (DC Miss.) Nov. 1, 1961: U.S. filed suit similar to 541.Miss.9. DC denied gov't. petition for order restraining all Miss. officials from interfering with I.C.C. order. Pending.
541.Miss.17. Mississippi v. Nelson, Thompson and Smith. (Poplarville.) (Pearl River Co. Ct.) Nov. 7, 1961: 3 Negro and white "Freedom Riders" arrested after being served in white cafeteria at Greyhound terminal. Pending.
541.Va.3. Henderson v. Trailways Bus Co.; Robinson v. Hunter. (U.S.S.C.) (6 RRLR 467.) Aug. 9, 1960: after sit-in arrests at bus terminal restaurant, class suit filed for injunction against segregated waiting rooms, restaurants, other facilities. Jan. 6, 1961: in trial before 3-judge ct., Pls'. subpoena to Gov. quashed; DC dismissed complaint. Petition for certiorari pending.

Jordon, Dawley and Holt, Esqs., 7001 Gregory Dr., Norfolk, Va.

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542. In Intrastate Facilities (and see 51, 54, 55, 58)

542.4. Evers v. Dwyer. (Memphis.) (DC Tenn.) Class suit by Negro-Pls. against Commr. of Public Service testing constitutionality of state statutes requiring segregation in intrastate buses. DC dismissed. Dec. 1958: U.S.S.C. reversed, per curiam, held actual controversy existed when Pl.-Negro boarded bus, sat down in front, was ordered to move to rear by driver and policeman, instead left bus to avoid arrest; this is proper class action; remanded.

H. T. Lockard, Esq., 322½ Beale St., Memphis; NAACP Legal Def. and Educ. Fund., 10 Columbus Circle, NYC.

542.12a. Rev. Shuttlesworth and Phifer v. City of Birmingham. (CA 5, #19497.) (368 U.S. 969, 369 U.S. 35; 130 So. 2d 236, 237; 138 So. 2d 710, 712, 713.) Oct. 20, 1958: 20 Negroes arrested when they refused to move to rear of buses on driver's orders. At Recorder's Ct. trial: Def.-Shuttlesworth found guilty of inciting demonstration; 90 days, $100.; others guilty of violating city ordinance requiring passengers to sit where driver orders; $100. and 60 days for 1; 180 days suspended for others. Ala. Ct. of App. dismissed appeals. Jan. 1962: U.S.S.C. denied petitions for certiorari. ND Ala. denied petition for writ of habeas corpus to obtain release from custody on ground Shuttlesworth had not exhausted state remedies; CA 5 denied certificate of probable cause. Feb. 26, 1962: U.S. S.C., per curiam, treated application for habeas corpus as petition for certiorari to review CA denial; granted petition; vacated CA order; remanded to DC to hold while Pet.-Shuttlesworth pursues state remedies, including application for bail pending disposition of Pet's. application for state relief. If state relief fails or bail denied 5 days after application therefore, Pet. to proceed to DC. Feb. 28, 1962: Ala. Sup. Ct. denied application for bail. Mar. 1, 1962: DC set bail at $300 each and released Defs. under U.S. S.C. order. Nov. 16, 1962: CA 5 affirmed.
542.14. Jemison v. Christian. (Baton Rouge, La.) (U.S.S.C., #428.) (303 F. 2d 52.) 1957: class suit filed to enjoin segregated seating on public transportation facilities. DC held for Pl. after trial; CA 5 affirmed. Def's. appeal pending.

A. P. Tureaud, Esq., 1821 Orleans Ave., New Orleans.

542.16. City of Montgomery v. Taylor. (Montgomery City Ct.) Nov. 23, 1960: Def.-Negro allegedly attempted to sit beside white policewoman on city bus; arrested. Charge: disorderly conduct; $100. bond. Pending.
542.17. City of Petersburg v. Defs. (Petersburg Muni. Ct.) Jy. 31, 1960: 15 Negroes arrested after sit-ins at Trailways bus terminal. Charge: trespassing under old Va. statute. Aug. 1, 1960: Muni. Ct. dismissed without prejudice. 36 arrested. Charge: trespassing in violation of 1960 act. Apr. 5, 1961: trial date.
542.20. Georgia v. Defs. (Macon.) (Macon Muni. Ct.) Feb. 9, 1962: 4 Negro ministers arrested while riding in front of city bus. Pending.

Booklet:

Howard Zinn, Albany — A study in national responsibility. 1962. 35 pp. Southern Regional Council, 5 Forsyth St. NW, Atlanta.

542.21. Georgia v. 5 Defs. (Albany.) (Albany Recorder's Ct.) Nov. 26, 1961: 5 Negro students (Albany State College) tried to use "white" facilities at Trailways bus station; arrested. Charge: breach of the peace. Nov. 27, 1961: 400 Negro students walked around police station in protest during trial.

C. B. King, Esq., P. O. Box 1024, Albany, Ga.

And see cases at 51.34-51.36, 63.5.

542.21a. Georgia v. Forman, Lee, Collins. (Albany.) (Albany Sup. Ct.) Dec. 10, 1961: 4 white, 5 Negroes (SNCC, S.C. L.C.) riding intrastate from Atlanta to Albany and 2 local Negroes arrested outside Union Ry. Terminal waiting-room. Charges: disorderly conduct, obstructing flow of traffic, failure to obey officer. Trial Dec. 12 postponed due to 542.21b. Mar. 27, 1962: when Negro Def. sought to sit in "white" section of ctroom for his trial, bailiffs removed him; white Defs. went to his aid; all dragged out and shoved through revolving door.

C. B. King, Esq., P. O. Box 1024, Albany, Ga.

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

C. B. King, Esq., P. O. Box 1024, Albany, Ga.

542.21c. Georgia v. Slater King. (Albany.) (Albany Recorder's Ct.) Dec. 13, 1961: 100 Negroes held 1 hr. prayer meeting on City Hall steps seeking release of 186 Negroes held after arrest in 542.21b. Def.-Negro leader, Albany Non-violent Movement, said group would remain till all Defs. released; arrested for contempt; convicted, 5 days imprisonment. 80 others arrested, released without bond.
542.21d. Georgia v. 198 Defs. (Albany.) (Albany Recorder's Ct.) Dec. 14, 1961: 198 Negroes arrested during walk to City Hall to protest arrests in 542.21b, 21c. Charges: unlawful assembly, parading without license, congregating on public street. Parents of arrested juveniles complained of lack of notification.
542.21f. Georgia v. Rev. M. L. King, Rev. Abernathy, Anderson. (Albany.) (Albany Recorder's Ct.) Dec. 16, 1961: During meeting in church, Negroes received word city officials would not negotiate settlement of dispute in 542.21, .21a-.21e. 300 walked in prayer march to City Hall, arrested. Charges: parading without permit, congregating on sidewalk. After conference, all Defs. released on recognizance, property bonds, $400. bonds. Negroes began boycott of buses and stores not hiring Negroes. Convicted after trial. On appeal, reversed and remanded. Rev. King given legal probation.

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

And see cases at 51.34-51.36, 63.5.

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550. Miscellaneous Racial Discrimination (and see 51, 54, 55, 58)
Comment:

Public accommodations: Remedies for denials of equal treatment, 7 St. Louis U. 89-97

551. In Recreational Facilities

551.Calif.5. Santa Clara Voiture 365 v. American Legion 40 & 8 Society. (Santa Clara Super Ct., #110512.) Def.-organization cancelled charter of Pl.-chapter when it admitted Chinese-American commander of Am. Legion Dist. 14. Oct. 1958: Super. Ct. issued temporary restraining order preventing revocation of charter, refused to permit Def. to charter new all-white voiture. Nov. 1959: American Legion severed its connection as parent organization to Def.-40 & 8 Society. Suit pending. Oct. 21, 1960: Def.-organization, at natl. convention, voted 1832-264 to continue restriction against non-white members.

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

551.Calif.7. Moore v. Thomasson, Police Chief. (Greenfield.) (Salinas Super. Ct.) Campos Band denied permission to play in Memorial Hall by Def. because Pl.-Negro pianist might cause Negroes to attend dance which might create disturbance. May 1960: Pl. sued for $5,000. compensatory damages, $100,000. exemplary damages. Pending.

Nathaniel S. Colley, Esq., 621 P St., Sacramento.

551.Calif.9. Lowe v. Given and Donaldson d/b/a Park Lane Hotel. (Menlo Park.) (San Mateo Super. Ct.) Oct. 10, 1961: Negro-Pls. sued for $20,000. damages, alleging barkeeper in Def's. bar refused to sell them drinks. Pending.
551.Fla.4b. Ghioto v. Hampton. (Jacksonville.) (U.S.S.C., #420.) (6 RRLR 850.) 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 two $75. per week city employees; price $1,215,000; down payment $30,000., 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. Nov. 19, 1962: U.S. S.C. denied Def.-owners petition for certiorari.
551.Fla.5. Bohler v. Lane, Mayor of Tampa. (SD Fla., #3809.) (204 F. Supp. 168.) Class action to enjoin Defs. from excluding or otherwise discriminating against Negroes in employment of public parks and playgrounds. Mar. 1962: DC held segregated facilities violate 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.

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

551.Ga.4. Wright v. Georgia. (Savannah.) U.S.S.C., #68.) (122 S.E. 2d 737.) Jan. 1961: Negroes arrested for playing ball in "white" part of segregated park; charge; unlawful assembly; convicted. Ga. Sup. Ct. affirmed. June 25, 1952: U.S.S.C. granted cert.

B. Clarence Mayfield and E. H. Gadsden, Esq., 458½ W. Broad St., Savannah.

551.Ga.5. King v. Mayor Hartsfield, Judge Webb. (Atlanta.) (ND Ga.) Feb. 9, 1961: Def.-Judge ordered Negro-Pl. King jailed for 5 hrs. after he refused to comply with required segregated seating in ctroom. May 18, 1961: 4 Negro Pls. filed class suit for 230,000 Atlanta Negroes for desegregation of city parks, swimming pools, tennis courts, Municipal Auditorium, Municipal Cts. Pending.

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

551.Ga.6. Brown v. City of Atlanta. (ND Ga., Atlanta Div., #7603.) Suit by Pl.-Negro students for injunctive relief against discrimination in city-owned recreational facilities. Aug. 27, 1962: DC declared unconstitutional City Ordinances §§36.64, 36.65, 38.31 and 56.15 requiring segregated seating in theatres, arenas, etc. Consent decree entered desegregating swimming pool and all city bldgs. (except city jail).

Donald Hollowell and Horace Ward, Esqs., 859½ Hunter St. NW, Atlanta.

And see cases at 555.

551.Ky.1. M. Switow & Sons Enterprises, Inc. v. Lexington Chap., CORE. (Fayette Co. Cir. Ct., #9613.) Pl.-theater sought injunction to halt CORE stand-ins at theater. Pending.

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

And see 552.Ky.1

551.Ky.2. Walker v. Bd. of Educ. (Richmond.) (ED Ky.) Mar. 1962: class suit filed to desegregate recreational facilities. Pending.

NAACP Legal Def. and Educ. Fund, 10 Columbus Circle, NYC.

551.Md.1. Griffin, Drews v. Maryland. (Baltimore.) (U.S.S.C., # #26, 7.) (225 Md. 422, 171 A. 2d 717.) 3 whites and 1 Negro convicted of disturbing the peace in "place of public resort or amusement" after refusing to leave privately-owned amusement park that maintained policy of not admitting Negroes. Jan. 1961: Md. Ct. of App. affirmed convictions; held 1) evidence that park's policy to welcome everyone but Negroes warranted conclusion of trial ct. that
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park is place resorted to by general public for amusement; 2) conduct of app'ts. in refusing to obey lawful request to leave private property, and thereby inciting crowd against them, disturbed peace; 3) as proprietor had right to choose his customers and eject trespassers, he could call on peace officer to enforce his rights; 4) this is at least one step removed from state enforcement of policy of segregation. June, 1962: U.S.S.C. granted certiorari.

Robert B. Watts, Francis D. Murnaghan, Jr. and Robert J. Martineau, Esqs., all of Baltimore; Joseph L. Rauh, Jr., John Sziiard, Joseph H. Sharlitt, Lee M. Hydeman and Claude B. Kahn, Esqs., all of Washington, D.C.

551.Miss.2. U.S. v. Harrison Co., Co. Bd. of Supervisors, Co. Sheriff, City of Biloxi, City Mayor, Police Chief. (CA 6.) (303 F. 2d 863.) 1951-1953: U.S. contracted to spend $1,133,000. to repair seawall and reconstruct Biloxi beach, Defs. to maintain same for public use. May 17, 1960: U.S. filed suit to enjoin Defs. from preventing or seeking to prevent Negroes, by reason of race, from using beach and thus violating contract with U.S. DC held Defs. plan for gradual desegregation did not deny Pls. rights; denied injunction. June 12, 1962: CA 6 affirmed, held considerations involved in desegregation of recreational facilities were complex, system would be damaged by immediate desegregation, that DC's denial of injunction not abuse of discretion.
551.Miss.3. Mississippi v. Defs. (Jackson.) (Jackson Muni. Ct.) Jy. 5, 1961: 12 Negroes entered city park area normally used by whites, strolled around swimming pool area, turned away from ticket booth, 4 arrested after refusing to move from bench usually used by whites. Pending.
551.Miss.4. Pls. v. City of Jackson. (CA 5, #19961.) Class suit by Pl.-Negroes for desegregation of all public recreational 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. Pls'. appeal pending.

And see cases at 555.

551.NY.8. New York v. Komisar. (NYC Adolescent Ct.) June 5, 1961: white students sat-in at A.B.C.-Paramount Theater offices in NYC protesting segregation in Paramount Theater, Austin, Tex.; Co. guards barred entry to students or sending packages of food. June 6: 15 arrested for obstructing sidewalk after ejection from bldg. after 37 hrs. Pending.
551.SC.4. Brown v. S.C. State Forestry Comm. (ED S.C., #AC-774.) Class suit to enjoin enforcement of segregation in use of 23 state parks and recreation areas in S.C. Def's. motion for default judgment pending.

NAACP Legal Def. and Educ. Fund, 10 Columbus Circle, NYC.

551.SC.5. Walker v. Shaw. (Greenville.) (WD S.C., #2983.) Suit to desegregate parks and skating rinks, depositions filed. Hearing held on motion for preliminary injunction. While motion pending, Def. moved to dismiss for mootness, since facilities officially closed. Oct. 17, 1962: DC granted motion. Pls'. motion for new trial and for additional findings of fact pending.
551.Tenn.6. Watson v. City of Memphis. (U.S.S.C., #424.) (303 F. 2d 863.) Class suit to desegregate public park and playground facilities. DC denied permanent injunction, adopted gradual desegregation plan. June 12, 1962: CA 6 affirmed. Nov. 1962: U.S.S.C. granted certiorari.

NAACP Legal Def. and Educ. Fund, 10 Columbus Circle, NYC.

551.Tenn.8. City of Knoxville v. Defs. (Knoxville Muni. Ct.) Oct. 9, 1961: 51 students arrested while picketing 3 white theaters which segregate according to race. Pending.
551.Va.7. Virginia v. James. (Hampton.) (Hampton Cir. Ct.) Feb. 1, 1961: 11 Negro students (Hampton Inst.) arrested for theatre-sit-in. Charge: violating Va. anti-trespass law. Apr. 7, 1961: convicted in muni ct.; $10. and costs. Free on $300. bond each pending appeal.
551.Va.9. Pls. v. City of Richmond. (Richmond Hustings Ct.) Class suit for injunction against enforcement of segregation at city auditorium and baseball field. May 3, 1962: Ct. held segregation constitutional because facilities privately operated.
552. In Dining Places (and see 51, 54, 55, 58)
Comment:

An innkeeper's "right" to discriminate, 15 U. Fla. 109-28


552.Ala.4a. City of Montgomery v. King and Embry. (Ala. Ct. of Appeals.) (140 So. 2d 290, 291, 7 RRLR 455.) Jy. 1960: Def.-Negro and white students entered downtown hotel to dine; arrested for trespassing; convicted. Appeal filed, emphasizing King was (white) guest of hotel; innkeepers have common law duty to serve all guests. Ct. of App. reversed and remanded. Cir. Ct. held second trial; reconvicted. Apr. 17, 1962: Ala. Ct. of Appeals reversed, since ordinance did not specify any punishment, conduct could not be a crime. Nov. 6, 1962: Cir. Ct. held third trial; reconvicted. Motion for new trial pending.

Fred Gray, Esq., 34 N. Perry St., Montgomery.

552.Ala.5. Rev. Shuttlesworth v. City of Birmingham. (U.S.S.C., #721.) (134 So. 2d 213.) Apr. 25, 1960: 2 Negro ministers charged with inciting a misdemeanor by counseling students to participate in sit-ins, and 10 students charged with disorderly conduct. Convicted; $100. and 180 days. Ala. Sup. Ct. affirmed. June 1962: U.S.S.C. granted certiorari.
552.Ala.10. City of Birmingham v. Burks. (Birmingham Muni. Ct.) Aug. 1960: 7 Negro youths arrested after asking for service at variety store lunch counters; held without bond more than 24 hrs. Bond set finally at $300. and $100. Charge: trespass after warning. Pending.
552.Ala.11. Gober v. City of Birmingham. (U.S.S.C., #66.) (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
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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.-Va.3, 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. Pending.
552.Ark.2. Briggs, Smith, Lupper v. Arkansas. (Ark. Sup. Ct., ##4992, 4994, 4997.) Nov. 30, 1960: 7 Negro students arrested during sit-in at Woolworth's; charges: creating disturbance in public place of business, refusal to leave business establishment after request. Convicted; 60 days and $500. each. Appeals pending.
552.Dela.1. Burton v. Wilmington Parking Auth. (U.S.S.C.) Facts: VI DOCKET 126. Cite: 365 U.S. 715 (1961).

Case notes: 50 Ky. 406-11; 22 La. 825-30; 47 Ia. 718-25; 26 Mo. 510-18

552.Fla.4. Florida v. Robinson. (Shell City, Miami.) (U.S.S.C.) Aug. 17, 1960: 18 Negro and white Defs. arrested during sit-in demonstration at shopping-center restaurant; charge: Fla. Stats., Sec. 509.141(3). Aug. 26, 1960: all Defs. found guilty after trial; 1 yr. probation in custody of probation officer. Sept. 19, 1962: Fla. Sup. Ct. affirmed. Petition for cert. pending.

Tobias Simon, Howard W. Dixon, Robert Ramer and Alfred Marvin Rosman, Esqs., Fla. CLU, 706 Ainsley Bldg., Miami.

552Ga.10. Georgia v. King. (Atlanta City Ct.) Oct. 19, 1960: 51 Negro college students and minister arrested during sit-ins at lunch counter in downtown dept. store. Charge: refusing to leave private property upon request under 1960 Ga. stat. 36 Defs. refused to post $500. bond each pending trial in Co. Ct.; held. Cases against 16 dismissed. Oct. 24, 1960: Muni Judge permitted 36 Defs. to sign their own bonds; all but Rev. King released at that time. Pending.
552.Ga.11. Georgia v. Def. (Atlanta.) (City Ct.) Oct. 21, 1960: Negro students arrested at Woolworth lunch counter sit-in. Status similar to 552.Ga.10.
552.Ga.13. Georgia v. 8 Drs. (Atlanta.) (Fulton Co. Ct.) Feb. 20, 1961: 8 Negro Drs. attending medical society meeting at Biltmore Hotel demanded service in cafeteria; refused to leave cafe; arrested. Charge: trespassing. Released on $100. bond; pending.
552.Ky.1. Kentucky v. Defs. (Louisville.) (Muni. Ct.) Feb. 20, 1961: 5 Negroes arrested at tea room sit-in. Mar. 14, 1961: 177 Negroes arrested at sit-ins in theatres and eating places. Pending.

And see 551.Ky.1.

552.Ky.2. Kentucky v. Defs. (Louisville.) (Muni. Ct.) Apr. 24, 1961: 162 Negroes arrested during protest against segregation in eating places. Charges: breach of peace. Pending.
552.La.1. Garner, Briscoe, Hoston v. Louisiana. (Baton Rouge.) (U.S.S.C.) Apr. 1960: 18 Negro students arrested for disturbing the peace through sit-in at department store; convicted. La. Sup. Ct. affirmed. Dec. 1961: petitions for certiorari filed alleging no proof Defs. disturbed the peace as charged, their equal protection and free speech denied.
552.La.2. Lombard v. Louisiana. (U.S.S.C.) (132 So. 2d 860, 6 RRLR 794.) Sept. 9, 1960: Sept. 9, 1960: 5 Negroes and 2 white (Tulane) students arrested after sit-in at Woolworth's. Charges: disturbing the peace, criminal mischief, trespassing. Jan. 1961: 4 Defs. convicted of criminal mischief; 60 days and $350. each. June 1961: La. Sup. Ct. affirmed convictions; held Tit. 14, §59 Rev. Stats. constitutional: ["Criminal mischief is the intentional performance of any of the following acts:...(6) Taking temporary possession of any part...of a place of business, or remaining in a place of business after the person in charge of such business...has ordered such person to leave the premises and to desist from the temporary possession of any part or parts of such business."]; Act makes no reference to race; Act's purpose, to preserve proprietor's choice of customers, constitutional; store manager's request and summoning of police "uninfluenced by any governmental action" so no unconstitutional state action involved. June 1962: U.S.S.C. granted certiorari.

John P. Nelson, Esq., Gravier Bldg., Lolis E. Elie and Nils R. Douglas, Esqs., Rm. 201, 2211 Dryades St.; Robert Collings, Esq., 5200 Gentilly Rd., all of New Orleans.

552.Md.4. 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. Pending.
552.Md.5. Bell v. Maryland. (Baltimore.) (U.S.S.C., #167.) 12 Negro students sat in restaurant, not served, refused to leave on manager's request; arrested; convicted. Jan. 9, 1962: Md. Ct. of App. affirmed. Petition for certiorari pending.

Juanita Jackson Mitchell, Esq., 1239 Druid Hill Ave., and Tucker R. Dearing, Esq., 716 N. Gay St., both of Baltimore; NAACP Legal Def. and Educ. Fund, 10 Columbus Circle, NYC.

552.Mo.2. Missouri v. Def. (Columbia.) (Police Ct.) Dec. 10, 1960: 2 U. of Mo. faculty members, 1 white and 2 Negro students denied service at restaurant; refused to leave. Arrested; charge: trespassing; released on bond. Pending.
552.NC.3. Avent v. North Carolina. (Durham.) (U.S.S.C., ##11 and 12.) (117 S.E. 2d 47.) May 6, 1960: 7 white and 40 Negro students arrested in sit-in at Kress Co. Jy. 1960: 7 Defs. tried under 14-134 Genl. Stats. N.C.; convicted; 15-20 days jail. Jan. 20, 1961: N.C. Sup. Ct. affirmed 7 trespass convictions, held no denial of Fourteenth Amendment rights because no state action involved in enforcement of racial segregation, through use of trespass law. June 1962: U.S.S.C. granted certiorari.

William A. Marsh, Jr., Esq., Box 125; M. Hugh Thompson, Esq., Box 1422; C. O. Pearson, Esq., 203½ E. Chapel Hill St.; W. G. Pearson, Esq., 336½ E. Pettigrew St.; F. B.

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McKissick and L. C. Berry, Jr., Esqs., Box 125, all of Durham, N.C.; Samuel Mitchell, George G. Greene, F. J. Carnage, and George E. Brown, Esqs., all of Raleigh; NAACP Legal Def. and Educ. Fund, 10 Columbus Circle, NYC.

552.NC.4. Williams v. North Carolina. (Monroe.) (U.S.S.C., #10.) (117 S.E. 2d 824.) March 11, 1960: Pres. of the Co. NAACP arrested on trespass charges because sat-in at "white only" lunch counter. Muni. Ct. convicted; 30 days and $50. Jan. 20, 1961: N.C. Sup. St. affirmed. June 1962: U.S.S.C. granted certiorari.

Leonard B. Boudin, Esq., 30 E. 42nd St., and Conrad J. Lynn, Esq., 401 Broadway, both of NYC.

552.NC.10. North Carolina v. Defs. (Rutherford.) (Muni. Ct.) Mar. 14, 1961: 6 Negroes arrested at variety store lunch counter. Charge: trespassing.
552.NC.11. North Carolina v. Nelson. (Statesville.) (Crim. Ct.) Aug. 19, 1962: Def.-white youth demonstrated against segregation at Howard Johnson's; arrested; charge: trespassing. Convicted; 2 mths. Def. went on hunger strike, charged other (white) prisoners had threatened him. Aug. 31, 1962: prison officials fed Def. intravenously.
552.Pa.1. Surgest v. Russo and Mayor Panek. (Ambridge.) (Pa. Human Relations Comm.) Negro-Complainant charged Defs. with discrimination at Dixie Inn. Conciliation failing, Pa. Comm. ordered public hearing. Defs. waved hearing, agreed to entry of order: against Def.-Mayor threatening Negroes not to patronize, and against Def.-proprietor against discriminating on basis of race.
552.SC.2. Fields v. South Carolina. (Orangeburg.) (U.S.S.C., #399.) (126 S.E. 2d 6, 7, 8, 9, 7 RRLR 450.) Mar.-Apr. 1960: 388 Negro college students arrested while parading against segregation; charge: breach of the peace; convicted. June 6, 1962: S.C. Sup. Ct. affirmed. Petition for certiorari pending.

Matthew Perry, Esq., 1107½ Washington St., Columbia, S.C.; NAACP Legal Def. and Educ. Fund, 10 Columbus Circle, NYC.

552.SC.2b. South Carolina v. 9 Defs. (Orangeburg.) Feb. 1, 1961: 9 Negro Defs. arrested after taking food at all-white lunch counter. Charge: trespassing. Pending.
552.SC.3a.. Barry and Bouie v. South Carolina. (U.S.S.C., # # 90, 159.) (124 S.E. 2d 332.) Mar. 14, 1960: during sit-in at downtown drugstore, 7 Negro students arrested. Mar. 25, 1960: 2 Defs. charged with resisting arrest and breach of the peace; found guilty; $100. or 30 days on each count. Feb. 1962: S.C. Sup. Ct. affirmed trespass convictions, held arrest by police and convictions for trespass not proved to be a furtherance of policy of illegal racial discrimination constituting state action under Fourteenth Amendment; reversed conviction for resisting arrest because only momentary delay in doing as ordered. Petitions for certiorari pending.

NAACP Legal Def. and Educ. Fund, 10 Columbus Circle, NYC.

552.SC.3b. Edwards v. South Carolina. (Columbia.) (U.S.S.C., #86.) (123 S.E. 2d 247.) Mar. 1961: 187 Negro youth paraded at S.C. State House; arrested. Charge: breach of peace for refusal to disperse when ordered by police. Richland Co. ct. tried, 137 convicted: 30 days or $100. ($50. suspended for 104 Defs.) Dec. 1961: S.C. Sup. Ct. affirmed. Issues: (1) rights of Defs. to assemble; (2) no proof of commission of essential elements of crime. May 1962: U.S.S.C. granted certiorari.

Matthew Perry, Esq., 1107½ Washington St., Columbia.

552.SC.3c. South Carolina v. Carter. (Columbia.) (Richland Co. Ct.) Def.-student leader charged with contributing to delinquency of minors since many of 187 Defs. in 552.SC.3b under 21. Pending until disposition of 552.SC.3b.
552.SC.4. City of Rock Hill v. Henry. (York Co. Cir. Ct.) March 1960: 70 Negro students (Friendship Jr. College) assembled to sing songs in front of city hall; arrested for breach of peace; convicted. Appeals pending.
552.SC.4b. South Carolina v. Rev. Ivory, Dietrich, Hackley. (Rock Hill.) (Muni. Ct.) Feb. 23, 1961: 2 Negro and 1 white arrested during drugstore sit-in; declined to post bond; jailed. Pending.
552.SC.4c. South Carolina v. Ivory (Rock Hill.) (York Co. Cir. Ct.) Mar. 14, 1961: 4 women students (Friendship Jr. College) arrested while picketing drugstore. Defs. convicted in Recorder's Ct. for breach of peace. Appeals pending.
552.SC.4d. City of Rock Hill v. Ivory, Ham, Stowe. (York Co. Cir. Ct.) June 1960: Negroes conducted sit-in at McCrory's lunch counter; arrested; charge: trespass. Convicted in Recorder's Ct. Appeals pending.
552.SC.6. City of Florence v. George. (Florence Co. Cir. Ct.) Mar. 15, 1960: 48 Negro high school students arrested when they returned to segregated lunch counter after being ousted by police; convicted in Recorder's Ct. Appeals pending.
552.SC.7. City of Spartanburg v. Defs. (Spartanburg Recorder's Ct.) Jy. 27, 1960: 6 Negroes arrested during 2 lunch counter sit-ins. Pending.
552.SC.8. Peterson v. City of Greenville. (U.S.S.C., #71.) (122 S.E. 2d 826.) Aug. 11, 1960: 10 Negroes charged with trespassing during sit-in at lunch counter; convicted without jury; $100. or 30 days. 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 1962: U.S.S.C. granted certiorari.
552.SC.9a. City of Darlington v. Stanley. (U.S.S.C.) Defs. arrested during demonstration for parading without license; convicted. Jy. 28, 1961: S.C. Sup. Ct. affirmed, held exercise of constitutional rights must be consistent "with peace and good order", rights fundamental but not absolute, "and are subject to reasonable and non-discriminatory regulation and limitations". Defs'. petition for certiorari pending in U.S.S.C.
552.SC.10. Mitchell v. City of Charleston. (U.S.S.C., #89.) (123 S.E. 2d 512, 7 RRLR 125.) Apr. 1, 1960: 24 arrested in sitins; convicted. Dec. 1961: S.C. Sup. Ct. reversed convictions for interfering with police in discharge of official
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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. Petition for certiorari pending.
552.SC.11. South Carolina v. 8 Defs. (Greenville.) Nov. 5, 1962: 4 white and 4 Negro youths asked to be served in Negro cafe after being warned by police that S.C. law prohibits integrated eating. Arrested; charge: creating a disturbance. Police alleged large crowd of Negroes developed and whites began arriving. Pending.
552.Tenn.4a. City of Nashville v. Carnaham. (Nashville.) (Cir. Ct.) Nov. 22, 1960: Def. white (Vanderbilt) divinity student arrested while accompanying Negroes in sit-in; 2 whites arrested while heckling sit-in demonstrators. Nov. 22, 1960: Defs. convicted of disorderly conduct in city Ct.; $5. Appeal to Cir. Ct. pending.
552.Va.5. Randolph v. Virginia. (Richmond.) (U.S.S.C., #20.) (202 Va. 661, 119 S.E. 2d 817.) 33 Negro Defs. arrested in sit-ins; charge: trespass after warning in violation of new Va. law; convicted. Va. Sup. Ct. of App. affirmed. Appeal pending in U.S.S.C.

Martin A. Martin and Clarence W. Newsome, Esqs., Richmond; NAACP Legal Def. and Educ. Fund, 10 Columbus Circle, NYC.

552.Va.9. Virginia v. Rev. Harris. (Hopewell.) (Va. Super. Ct. of App.) Aug. 25, 1960: 49 Negroes, including several juveniles, arrested during sit-ins at two local drugstores. Bond set for adults: $250. Apr. 26, 1961: 28 juvenile cases heard; 24 adults convicted in Cir. Ct. All Defs. convicted in trials de novo in Hustings Ct. Appeals pending.

Jordan, Dawley and Holt, Esqs., 7001 Gregory Drive, Norfolk.

552.Va.10. Virginia v. Brumback. (Lynchburg.) (U.S.S.C., #60.) Feb. 6, 1961: 4 white, 2 Negro college students (Lynchburg College, Randolph-Macon, Va. Theological Seminary and College) arrested at lunch counter sit-in; charge: trespass for refusal to leave after ordered to do so. Convicted; 30 days. Oct. 12, 1961: Va. Sup. Ct. of App. affirmed. Petition for certiorari pending.

S. W. Tucker and Henry L. Marsh, III, Esqs., 214 E. Clay St., Richmond; NAACP Legal Def. and Educ. Fund, 10 Columbus Circle, NYC.

552.Va.10a. Wood v. Virginia. (U.S.S.C., #79.) Feb. 21, 1961: 11 Negroes arrested after drugstore lunch counter sit-in. Muni. Ct.: tried, convicted; 60 days. Apr. 1961: in trial de novo in Corporation Ct. before all-white jury, Defs. convicted; 30 days plus 60 days set by Muni. Ct., $100. Oct. 12, 1961: Va. Sup. Ct. of App. refused petition for writ of error, without opinion. Petition for certiorari pending on jury selection question.

Melvin L. Wulf and Frank E. Schwelb, Esqs., for ACLU, 156 Fifth Ave., NYC; Jordan, Dawley and Holt, Esqs., 7001 Gregory Drive Norfolk; Jones and Cain, Esqs., Washington, D.C.

553. In Other Facilities

553.Ala.1. Alabama v. Defs. (Talladega.) (Muni. Ct.) Apr. 22, 1962: 3 Negro students (Talladega) sought to attend Easter services at white churches; arrested. Charges: (1) breach of the peace, (2) criminal conspiracy. May 1962: Defs. tried on (1); convicted; sentenced; appeal pending. Trials on (2) pending.
553.Miss.1. Mississippi v. Defs. (Jackson.) (Muni. Ct.) Mar. 28, 1961: 9 Negro students (Tougaloo College) arrested after sit-in at public library. Charge: refusal to disperse after police order under 1960 statute. Mar. 29, 1961: convicted; $100. each, 30-days suspended. Mar. 29, 1961: police swinging clubs and 2 police dogs chased 100 Negroes from cthouse during Mar. 28 trial; several Negroes struck by clubs, one bitten. Appeals pending.
553.NY.1. Patterson v. Max Beauty Salon. (Mineola, L.I.) (Nassau Co. Dist. Ct.) Def. salon allegedly refused to serve Sandra Patterson because of her race. Nov. 1960: suit filed by Floyd Patterson and wife for $500. damages under N.Y. Civil Rights Law and $3,000. for shame and humiliation. Dec. 1, 1960: Dist. Ct. dismissed Pl.-husband's case, held only person discriminated against can sue. Pl.-wife's suit pending.

Joel Weinberg, Esq., 51 Chambers St., NYC.

553.Tenn.1. Tennessee v. Freeman and Exum. (Memphis.) (Memphis Muni. Ct.) Negro and white youths arrested for attempting to sit-in at all-white Baptist Church. Aug. 29, 1960: found guilty of disorderly conduct; $50. fine. Appeals pending. Defs. ordered held for grand jury action on state charge: interfering with public worship.

R. B. Sugarman, Jr., A. W. Willis, Jr., Esqs., 588 Vance, Memphis.

553.Tenn.2. Ford v. Tennessee. (Memphis.) (U.S.S.C., #397.) (355 S.W. 2d 102, 356 S.W. 2d 726, 7 RRLR 111.) Aug. 30, 1960: 10 Negro Defs. arrested in connection with sit-in at religious worship in Overton Park Shell. Charge: disturbing a religious assembly. Defs. convicted after trial; $200. and 60 days. May 4, 1962: Tenn. Sup. Ct. affirmed convictions. Petition for certiorari pending.

NAACP Legal Def. and Educ. Fund, 10 Columbus Circle, NYC.

553.Va.4. Wells v. Gilliam. (ED Va.) Facts: VI DOCKET 49, 76. Cite: 196 F. Supp. 792 (1961).

Case note: 60 Mich. 50 3-06.

554. In Hospitals

554.Ga.1. 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
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"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.

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

554.Ill.1. Dr. Morris, Jr. v. Chicago Hospital Council. (ND Ill., E. Div., #61 C 232.) Feb. 11, 1961: 10 Negro Drs. filed class action against 56 Chicago private hospitals, 5 medical and hospital assns. alleging conspiracy since 1938 to keep Negroes off hospital staffs, thus excluding patients of Negro doctors from 75% of private hospital beds. Pending.

John P. Morris, Walker Smith, George N. Leighton, Charles P. Rippey, Esqs., 72 W. Adams, Chicago.

554.NC.1. 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.Ga.1. June 26, 1962: after hearing, DC granted U.S. motion to intervene, denied Pls'. motion for preliminary injunction. Dec. 6, 1962: DC held hospitals are private. Dec. 20, 1962: Cone Hospital Bd. agreed to consider application from Negro doctors and dentists.

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.

554.NC.2a. Eaton v. Grubbs. (ED N.C., #932.) (Earlier case: 571.18, IV DOCKET 37, 85, 111; 164 F. Supp. 191, 198, aff'd. 261 F 2d. 521, cert. den. 358 U.S. 948.) Complaint by Negro doctors and patients charging racial discrimination in admittance policies of Def.-public James Walker Memorial Hospital. Def's. motion to dismiss pending.

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

554.NC.3. Dr. Hawkins v. N.C. Dental Society and Second Dist. Dental Society. (WD N.C., #1505.) 1955: Pl.-Negro dentist sought membership in Def.-societies, needing endorsement of 2 members. Pl. alleges pressure by Defs. resulted in impossibility of securing two endorsements. Apr. 1960: Pl. sued for permanent injunction restraining Def.-societies from refusing him full membership, alleging Def. fulfills some state gov'tal functions. Dec. 1960: DC denied Defs'. motion to dismiss. Legislature repealed statute giving Dental Society right to elect State Bd. of Dental Examiners. Pending.

T. H. Wyche, Esq., 326 S. Alexander, Charlotte, N.C.; Conrad O. Pearson, Esq., 203½ E. Chapel Hill St., Durham, N.C.

554.NC.4. Porter v. N.C. Hospitals Bd. of Control. (DC N.C.) Declaratory judgment action filed re N.C. statute requiring segregation of hospital facilities and for injunction. Pending.

NAACP Legal Def. and Educ. Fund, 10 Columbus Circle, NYC.

554.SC.1. 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.Ga.1. Jy. 13, 1962: DC denied preliminary injunction, granted Def's. motion to strike. CA 4 affirmed denial of preliminary injunction, reversed motion to strike; remanded.

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

554.Va.1. Wood v. Hogan, Admr., Lynchburg General Hospital. (WD Va., Charlottesville, #535-A.) Class suit filed by Pls. for desegregaton of all public facilities. (555.Va.1) Mar. 8, 1962: DC severed Def.-Hogan, case given new name and number. Sept. 24, 1962: trial; decision awaited.

Jordan, Dawley and Holt, Esqs., 7001 Gregory Drive, Norfolk; Henry Halvor Jones and Simon L. Cain, Esqs., 815 Fifth St. NW, Washington, D.C.

555. In Government Facilities: Omnibus Suits

555.Ala.2. 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. Jurisdiction based on 28 U.S.C. §§1331(a), 1343(3), (4), 1357, 2201, 2202, 2281, 2284; 42 U.S.C. §§1981, 1983, 1985(3), 1988; FRCP 23(a)(1). Pls'. interrogatories filed. Pending.

J. Richmond Pearson, Esq., 416 N. 15th St., Birmingham; Jordan, Dawley and Holt, Esqs., 7001 Gregory Drive, 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.Ala.3. Smith v. City of Birmingham. (ND Ala., S. Div.) Jy. 1962: Class suit filed against Def.-city officials for judgment declaring unconstitutional custom and usage and City Code §§369, 1110, requiring segregation and for injunction against Defs. enforcing segregation in any part of any buildings owned or leased by city, incl. libraries, Airways Hotel, City Hall. DC denied Defs'. motions to dismiss for misjoinder. Pending.

Oscar W. Adams, Jr., Esq., 1630 Fourth Ave. N. Birmingham; Ernest D. Jackson, Esq., 410 Broad St., Jacksonville, Fla.

555.Ala.4. Gardner v. Kendrick. (Birmingham.) (ND Ala., S. Div.) Class suit filed for desegregation of all facilities in Co. courthouse. Pending.
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Oscar W. Adams, Jr., Esq., 1630 Fourth Ave N, Birmingham; Ernest D. Jackson, Esq., 410 Broad St., Jacksonville, Fla.
555.Fla.1. Kenon v. Joanos. (Tallahassee.) (ND Fla., Tallahassee Div.) Class suit filed by Negro students (Fla. A & M Univ.) for desegregation of Trailways Bus Station, Carousel Restaurant therein, and all municipal facilities, incl. municipal courthouse, and for damages for arrest and conviction of Pls. for seeking service at Restaurant. Pending.

Howard W. Dixon, Richard Y. Feder, Irma R. Feder, and Tobias Simon, Esqs., 706 Ainsley Bldg., Miami.

555.Miss.1. Rev. Clark v. Thompson. (Jackson.) (CA 5, #19961.) (7 RRLR 558.) Jan. 12, 1962: Class suit filed by Negro Pls.: (1) for convening of 3-judge ct.; (2) for declaratory judgment that Miss. Code 1942 Anno., parts of §2046.5(1) and §§4065.3 and 2056(7) are unconstitutional in requiring segregation in public parks and swimming pools; (3) injunctive relief. DC decided against Pls. Appeal pending.

Jack H. Young, Esq., 115½ N. Farish St., Jackson; Robert L. Carter, Esq., NAACP, 20 W. 40th St., NYC.

555.Va.1. Wood v. Vaughan. (Lynchburg.) (WD Va., Charlottesville Div., #535.) (CA 4, #8689.) May 1961: Class suit filed for desegregation of all public facilities. DC dismissed as Defs. judges of 3 Lynchburg cts.; Pls'. appeal pending. Def.-hospital admr. served (see 554.Va.1). Oct. 10, 1962: after trial, DC dismissed as to Def.-City; ordered desegregation of all city swimming pools; denied Pls. further relief. Pls.' appeal pending.

Jordan, Dawley and Holt, Esqs., 7001 Gregory Drive, 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.

555.Va.2. Rev. Dunlap v. Councilmen of City of Danville. (WD Va., Danville Div.) Aug. 1962: Omnibus desegregation suit filed as class action. Pending.

Simon L. Cain, Esq., 815 Fifth St. NW, Washington; Jordan, Dawley and Holt, Esqs., 7001 Gregory Drive, Norfolk.

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

561.2. Carr and Catto v. St. John's Univ. (N.Y. Ct. of App.) Pl.-students at Def.-Univ. married in civil ceremony with Pl.-student as witness; later married in Catholic ceremony. Def. dismissed Pls. from Univ., did not give Pl.-husband his degree. May 1962: Pls. sued for reinstatement. June 1962: Sup. Ct. Spec. Term ordered Pls. reinstated, said Def's. regulation "vague and indefinite". App. Div. reversed (3-2). Oct. 23, 1962: appeal argued.

Emanuel Redfield, Esq., for N.Y. Civil Liberties Union.

And see cases at 24.

562. In Adoption Proceedings

562.3. Re Baker. (Ohio Ct. of App.) Japanese wife and Am. white husband applied for adoption of illegitimate child (English and Puerto Rican). Probate Ct. denied application. Sept. 6, 1962: Ct. of App. reversed, held best interests of child served by this adoption, under Ohio statute requiring investigation into suitability of adoption and takng "into account their respective racial, religious and cultural backgrounds".

Amicus briefs by Cleveland CLU, NAACP, Cleve. Area Chap. of Natl. Assn. of Social Workers, Children's Services of Cleveland.

562.4. Re J. Rockefeller. (Sup. Ct., Mineola.) White parents with 2 children of their own and adopted Korean and Negro children applied for adoption of Negro child. Welfare Dept. rejected application. Suit filed. Dept. agreed to process application. Oct. 22, 1962: hearing on show cause petition.

Michael Radwin, Esq., North Babylon, NY.

563. In Custody Proceedings

563.8. Begley v. Begley. (N.Y. Sup. Ct., App. Div., Brooklyn.) 1950: Lutheran Def., pregnant by Roman Catholic Pl., agreed to raise children as Catholics if Pl. married her; parties married. Jy. 1960: Sup. Ct. granted Pl.-father separation from Def. and custody of couple's 3 children to be raised as Catholics. June 6, 1961: App. Div. reversed, awarded custody to Def.-mother because of infancy of children; avoided constitutional question re effect of prenuptial agreement — it can be raised when children old enough to receive religious instruction.

Morris Shapiro, Esq., 350 Fifth Ave., NYC.

Amicus brief field by Am. Jewish Congress, 15 E. 84th St., NYC.

563.9. Potter v. Potter. (Wayne Co. Cir. Ct., #605,529.) Pl.-white wife divorced Def.-white husband, granted custody of 2-yr. old daughter, moved to Calif., remarried Negro Dr. Def. sought custody, alleging it would not be in best interest of daughter to grow up in inter-racial home. Oct. 10, 1962: Cir. Ct. found father's actions more stable than mother's; held best interests of child served in home of maternal grandparents and father until age 12, then to make choice; ordered summer visits with mother; all parties urged to consider psychiatric analysis; order subject to modification. Appeal pending.

George W. Crockett, Esq., 3220 Cadillac Tower, Detroit.

564. In Miscellaneous Proceedings

564.6. Perricone v. New Jersey. (U.S.S.C., #369.) (181 A. 2d 751.) Mar. 1960: Pl.-parents, Jehovah's Witnesses, refused hospital permission to give ailing child blood transfusion. Ct. ordered hospital to take custody of child, granted permission for transfusion. Despite transfusion, child died. Parents appealed order. June 4, 1962: N.J. Sup. Ct. affirmed, held: "The right to practice religion freely does not include liberty to expose child to ill health or death." Defs. petition for certiorari pending.
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570. Employment
Annual Reports:

Calif. Fair Employment Practices Comm., 1st Annual Report (1959-60).

Mass. Commission Against Discrimination, 16th Annual Report (1961).

Pa. Human Relations Commission, 6th Annual Report (1961).

Kan. Commission on Civil Rights, 1962 Report of Progress.

Pres's. Committee on Equal Employment Opportunity, Information, monthly newsletter. (Washington 25, D.C.)

Law review articles:

Hobart Taylor, Jr., The President's Committee on Equal Employment Opportunity, 16 Southwest 101-12.

Michael I. Sovern, The National Labor Relations Act and racial discrimination, 62 Columbia 563-632

Comment:

Municipal fair employment practices in Nebraska, 41 Neb. 816-25

571. Racial Discrimination Against Teachers

571.10. Owens v. School Dist. #36, Pulaski & Alexander Co. (ED Ill., #1886-D.) Jy. 1961: Pl.-Negro teachers dismissed by Def.-Bd. when 2 segregated schools merged, number of teachers reduced from 12 to 7. Pls. allege only Negro teachers dismissed, without regard to qualifications and experience. Pls. sued to enjoin dismissal, compel Def.-Bd. to reconsider action, $10,000. damages from each Def.; under Fourteenth Amdt. §1, 42 U.S.C. §§1981, 1983, 1985. Pending.

Ralph P. Norton, Esq., 139 N. Vermillion St., Danville, Ill.; Wallace Rudolph, Esq., 135 S. LaSalle Ave., Joel J. Sprayregen, Esq., First Natl. Bk. Bldg., Bernard Weisberg, Esq., 231 S. LaSalle Ave., all of Chicago, Ill.

571.11. Connellsville Joint School Bd. v. Pa. Human Rights Comm. (Ct. of Com. Pleas, Dauphin Co., #397-1962.) June 26, 1962: Def.- Comm., after public hearing, held Pl.-Bd. discriminated against Comp.-Negro teacher on basis of race, ordered Pl. to hire Comp. at salary of at least $4,000. annually as soon as vacancy occurs, pay $2,208. loss of earnings, hire all future applicants without regard to race. Oct. 2, 1962: Pl's. appeal heard.

Nathan Agran, Esq., Genl. Counsel, Pa. Human Rights Comm., 1401 Labor and Industry Bldg., Harrisburg.

Amicus arguments by Murray H. Shusterman, Esq., for City of Phila.; Marion K. Finkelhor, Esq., for City of Pittsburgh.

571.12. 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. Miss. 6). 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. Aug. 30, 1962: after 4-day trial, DC ruled for Def.
571.13. Sylvia Taylor v. Chicago Bd. of Educ. (Ill. FEPC, #62-1.) Complaint filed by Negro teacher alleging Def. denied teaching job because of race. Pending.

Chauncey Eskridge, Esq., 123 W. Madison, Chicago.

571.14. Henry v. Coahoma Co. Bd. of Educ. (ND Miss.) Injunction suit filed by Negro teacher active in civil rights when Def.-Bd. denied a teaching contract for 1962-63. Pending.

NAACP Legal Def. and Educ. Fund, 10 Columbus Circle, NYC.

572. Racial Discrimination by Government Agencies

572.6. Re South Carolina Employment Service. (Darlington, S.C.) (Pres. Kennedy's Comm. on Equal Employment Opportunity.) Apr. 7, 1961: NAACP filed complaint charging Resp. had accepted and filled job order on basis of racial segregation at Pyramid Elec. Co., mfrer. for Defense Dept. contractors. Pending.
572.9. Chambers v. Kenosha Co. Dept. of Public Welfare. (Wis. Industrial Comm., Fair Employment Div.) Comp.-Negro applied for position as caseworker with Def.-Co., passed civil service exam, was not hired tho Def. advertised for caseworker and hired person on emergency basis who had not passed exam. Oct. 8, 1962: Comm. ordered Def. to offer Pl. position as caseworker, pay wage loss for period between failure to hire and date hired.

Theodore Harris, Esq., Racine, Wis.

573. Racial Discrimination Involving Government Contracts
Note: The President's Committee on Equal Employment Opportunity does not make available to the public lists of complaints pending before it, or the disposition of particular complaints. For this reason, the DOCKET will describe only complaints which are reported in the press at the time of their conclusion.
574. Racial Discrimination by Transportation Companies
Comment:

Employment discrimination and interstate carriers, 37 Ind. 490-502


574.8. Cooks v. Bro. of Railway Carmen, Locals 991 and 783; and Texas and New Orleans RR. Co. (SD Tex., Houston, #12329.) Oct. 1958: 29 Negro employees of Def.-RR. asked permanent injunction to prevent discrimination by Defs. as to lay-offs and promotions on basis of race, $1,885,000. damages claimed for failure to promote Negro-employees on basis of seniority. Pending.

Carl A. Williams, Hamah R. King, Alfred Spivey, and Roberson L. King, Esqs., 810 Prairie St., Houston, Texas.

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574.10. Colorado Anti-Discrimination Comm. v. Continental Air Lines; Green v. Continental Air Lines. (U.S.S.C., ##146, 68 Misc.) (368 P. 2d 970.) 1958: Comp.-Green charged Def. refused to hire him as pilot solely on basis of race. Comm. after hearing held for Comp. Dist. Ct. held for Def. on appeal from order; Colo. Sup. Ct. remanded for more specific findings. Comm. found for Comp. Dist Ct. dismissed Comm's. complaint under 1 Colo. Rev. Stats. 1953, §4, 237 at 238 for enforcement of order under Chap. 80, Art. 24 (FEPAct). Colo. Sup. Ct. affirmed. Issue: is Colo. Anti-Discrimination Act applicable to interstate carriers or does it place undue burden on interstate commerce and therefore is prohibited by fedl. preemption? U.S.S.C. granted cert.

Atty. Genl. of Colo., Denver; T. Rabor Taylor, Esq., 818 17th St., Denver

Case note: 110 U. of Pa. 1033-36

574.15. White v. Northwest Airlines. (Mich. FEPC, #598.) 1958: Comp.-Negro answered Def's. newspaper ad for work as stewardess; not hired. Complaint filed with Mich. FEPC, which asked Minn. FEPC to investigate and conciliate, since Def's. home office in Minn. As a result, Comp. interviewed, hired by Def. as reservations agent. Def. refused to hire Comp. as stewardess. Feb. 1962: public hearing. June 1962: Mich. FEPC held it had jurisdiction over complaint of Mich. resident seeking employment with interstate carrier, found discrimination, ordered Def. to hire Comp. as stewardess and to notify all employees of nondiscriminatory hiring policy. June 22, 1962: Def. announced it would comply with Comm. order, Compl. enrolled in stewardess training program.

Asst. Atty. Genl. Gerald D. White, 1900 Cadillac Sq. Bldg., Detroit.

575. Racial Discrimination by Unions
Law review article:

Leo Weiss, Federal remedies for racial discrimination by labor unions, 50 Geo. 457-77


575.10. Re Gleason. (N.Y.C. Sup. Ct.) 1960: Public SCAD hearing cancelled when Checkers and Clerks Union and Gleason, Local Pres., Intl. Longshoremen's Assn. signed agreement to cease discrimination against Negroes. 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.

575.15. Sells v. Intl. Bro. of Firemen and Oilers. (WD Pa.) (6 RR LR 213.) Negro, employed as ash wheeler by railroad, acquired an engineer's license, but was prevented from bidding for engineer's job by union color-line. Pl. brought civil action, alleging conspiracy to violate his rights, against union, union officials, and employer. Jan. 1961: Def's. motons to dismiss and for summary judgment denied; issue whether discrimination in fact exists on railroad is factual one, cannot be resolved on motion for summary judgment.
575.18. Pls. v. Bro. of RR Trainmen. (ED Mo.) Complaint filed by Negro workers alleging discrimination by Def.-Union against persons seeking membership. Pending.

Robert L. Carter, Esq., NAACP, 20 W. 40th St., NYC.

576. Other Racial and Religious Discrimination

576.5. Am. Jewish Congress v. Carter, NY SCAD and Aramco. (N.Y. Comm. for Human Rights.) (173 NE 2d 788.) 1956: Pl. complained that Def.-Co., owned by Standard Oil, questions prospective employees in NY about their religion; stated reason: Co. sends employees to Saudi Arabia, which prohibits employment of Jews. SCAD ruled Aramco exempt from certain provisions of N.Y. FEP Act. Jy. 1959: Sup. Ct. annulled SCAD ruling. Remanded. Mar. 1961: Ct. of App. (6-1) affirmed App. Div. ruling, remanded for full hearing by SCAD. Jan. 1962: public hearing. Sept 28, 1962: Comm. ordered Def.-Co. to cease discriminatory application forms and hiring practices.

Shad Polier, Esq., 15 E. 84th St., NYC.

576.10. Atkinson Co. v. McNeil. (San Francisco Super. Ct.) 1961: Comp. Negro carpenter claims denied job Aug. 8, 1960 because of race; seeks employment and 14 mths. back pay. Nov. 27, 1961: public hearing held by Calif. FEPC. Mar. 1962: Comm. ordered Def. to cease and desist from acts of discrimination, to make formal announcement of non-discriminatory hiring policy. Pl. has found other employment. Def.-Co.'s petition for writ of mandate against FEPC pending.
577. Nationality Discrimination

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

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

578. Sex Discrimination

578.1. Beary v. Queens Co. Bar Assn. (N.Y. Sup. Ct., Queens Co., #5394-1960.) 1960: Def.-Bar Assn. balloted on removing provisions limiting membership to men; maj. voted to admit women, but not by ⅔ necessary. May 1960: Pl.-woman lawyer brought suit for injunctive relief, arguing that such sex discrimination is unconstitutional and against public policy. Nov. 30, 1960: Def's. motion to dismiss granted, Pl's. motion to resettle order denied. Feb. 27, 1961: App. Div., Sup. Ct., 2d Dept. granted appt's. motion to correct record, and for stay pending appeal, otherwise denied appeal. Appeal pending.
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578.3. Shpritzer v. Civil Service Comm. (Sup. Ct. N.Y.) Sept. 6, 1961: Pl.-NYC policewoman sued for order compelling Comm. to permit her to take examination for promotion to Sergeant; alleges discrimination because of sex. Pl. contends denial of right to take test by Def. "arbitrary, capricious, archaic, and illegal". Pending.
579. Age Discrimination
580. Civil Actions under Civil Rights Law Not Otherwise Covered (see 304)
Law review article:

Dean Alfange, Jr., "Under color of law": Classic and Screws revisited, 47 Cornell 395-428

Case notes:

Since failure to provide suitable remedy for wrongful death renders Civil Rights Act deficient within meaning of 42 U.S.C. 1988, state Survival Statute utilized to enable vindication of abrogated federally guaranteed civil rights: Brazier v. Cherry (293 F. 2d 401, CA 5, cert. den. 368 U.S. 921 (1961)), 47Va. 1241-47; 14 Stanford 386-95.


580.5. Patterson v. Smith. (ED Mich., S. Div.) Civil Rights Act proceeding against police officers of City of Mt. Clemens and Co. prosecutor for unlawful seizure of books, interference with bookselling business, improper prosecution for alleged obscenity. Def. moved to limit discovery on ground it would help Pl. in state criminal prosecution. Pending.

Erwin Ellmann, Esq., 1035 Penobscot Bldg., Detroit.

580.6. Royal News v. Schultz. (ED Mich., S. Div.) Suit under Civil Rights Act against Def.-City of Highland Park Police Chief and other officials for instituting action under local anti-obscenity ordinance against sale of nudist publications. Pending.

Erwin Ellmann, Esq., 1035 Penobscot Bldg., Detroit.

590. Criminal Prosecution under Civil Rights Law

590.5. U.S. v. Donald Jones, Wm. King. (Birmingham.) (ND Ala.) Aug. 29, 1962: Def. policemen indicted by fedl. grand jury for violating civil rights of Negro father and assaulting son during midnight visit to Negro's home, without warrant. Pending.

R. Macey Taylor, Asst. U.S. Atty., Birmingham.

600. Suits Involving Constitutional Rights of American Indians
601. Civil Actions between Individual Indians and Indian Tribes
602. Civil Actions Against Indians on Reservations
603. Criminal Actions Against Indians on Reserva-

603.4. Seymour v. Schneckloth. (U.S.S.C.) Facts: VII DOCKET 65. Cite: 368 U.S. 351.

Case note: 34 Rocky Mountain 546-47

Law review article:

Murray L. Crosse, Criminal and civil jurisdiction in Indian country, 4 Ariz. 57-64

604. Actions Involving Property Rights
605. Condemnation of Land of American Indian Reservations.