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CIVIL LIBERTIES DOCKET
Vol. IX, Nos. 1 and 2
December, 1963
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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
DOUGLAS HILL, Assistant Editor

I. FREEDOM OF EXPRESSION AND ASSOCIATION (FIRST AMENDMENT RIGHTS) (0-299)

MATERIAL ON U. S. SUPREME COURT:

Book: Milton R. Konvitz, First Amendment Freedoms: Selected cases on freedom of religion, speech, press, assembly. 926 pp. Cornell University Press. 1963. $9.75.

Survey: The Supreme Court, 1962 term: Constitutional law. 17 Harvard 101-34.

Law review articles: Paul A. Freund, The Supreme Court under attack. 25 Pittsburg U. 1-7.

Arthur Selwyn Miller, Note on the concept of the "living" constitution. 31 George Washington U. 881-918.

GENERAL CONSTITUTIONAL MATERIAL:

Law review articles: Laurent B. Frantz, Is the First Amendment law?—A reply to Prof. Mendelson. 51 Calif. U. 729-54.

James C. Kirby, Jr., Constitutional law. 16 Vanderbilt 649-77.

Jerome A. Barron, The constitutional status of freedom of speech and press in Canada: The history of a quiet revolution. 58 Northwestern U. 73-106.

Alfred A. Arraj, What the Bill of Rights means today. 35 Colorado 467-81.

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. (U.S.S.C.) Facts: VIII DOCKET 1, 69, 91, 121. Oct. 14, 1963: U.S.S.C. denied petition for certiorari.
11.15. Fields v. City of Fairfield, Ala. (U.S.S.C., #30.)
11.16. Tennessee v. Weinberger. (Brownsville.) (Haywood Co. Ct.) Aug. 6, 1963: 11 Negro and white CNVA members denied parade permit, marched. Police stopped march; white crowd beat Defs.; police dogs bit Def., police used cattle prods. Defs. arrested; released on $1500. bond. Pending.
12. Of Motion Pictures (see also 52)
13. Of Peddlers

13.2. City of Indianola v. Defs. (Indianola, Miss.) (City Ct.) Oct. 22, 1963: 15, incl. 2 Yale students, in Aaron Henry Vote for Freedom drive arrested: distributing leaflets without a permit. $50. bond posted. Trial date: March 1964.

Carsie Hall, Esq., 115½ N. Farish St., Jackson, Miss.

14. Of Books, Magazines (see also 52)

14.10. Haiman and Grove Press, Inc. v. Morris. (Ill. Sup. Ct., #37276.)*
14.10a. Grove Press, Inc. and Henry Miller v. Morris. (ND Ill., E. Div., #61 C 1784.)*
14.11. Grove Press, Inc. v. Calissi, Bergen Co. Pros. (U.S.S.C.)*
14.13. Florida ex rel. Gerstein v. Grove Press (U.S.S.C.) Facts: VIII DOCKET 2. Petition for certiorari pending.
14.15. Larkin v. G. P. Putnam's Sons. (App. Div., N.Y. Sup. Ct.) Facts: VIII DOCKET 121. Appeal by Pl. pending.
14.16. Tralins v. Gerstein (formerly Gerstein v. "Pleasure Was My Business.") (U.S.S.C., #246.) Facts: VIII DOCKET 6, 71, 93 at 52.37.*
14.17. Hudson Co. News Co. v. Sills and Tumulty. (N.J. Sup. Ct.) Pl: sued for declaration that N.J. statute requiring magazine and book distributors to take back publications retailers deem obscene is unconstitutional. Dec. 2, 1963: N.J. Sup. Ct. upheld constitutionality of act.
15. Of Miscellaneous Activities

15.5. F.C.C. v. Palmetto Broadcasting Co., S.C. (CA DC.)*
15.6. City of Baltimore v. Moore, Henderson. (Crim. Ct.) Facts: VIII DOCKET 121. Appeal pending.

Leonard J. Kerpelman, Esq., 900 Light St., Baltimore for Md. CLU.

15.7. Coleman v. City of Torrance, Calif. (Super Ct.) Summer 1963: Following sit-ins and sit-outs at Don Wilson Builders', (see 58.8), ordinance passed prohibiting persons being on streets surrounding Wilson tract between 7 p.m. and 7 a.m., weekends, prohibiting overnight weekend
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parking, forbidding real estate offices or model homes from remaining open overnight on weekends, except for residents, guests, public officers and newspapermen. Jy. 1963: Injunction suit filed challenging constitutionality of ordinance. Pending.

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

And see 533.63.

20. Administrative Restrictions
21. By U. S. Customs
22. By U. S. Postmaster

22.15. Heilberg v. Fixa. (ND Calif.) Facts: VIII DOCKET 122. Oct. 1963: DC denied Gov't's motion to dismiss as moot, referred case to 3-judge ct.
23. On Government Information and Secrecy
24. On Students and Professors (see also 223, 262, 281 and 342)
Symposium on Academic Freedom:28 Law and Contemporary Problems 429-671: Robinson O. Everett, Foreword; Ralph F. Fuchs, Its basic philosophy, function; William P. Murphy, An emerging constitutional right; Arval Morris, And loyalty oaths; Ernest van den Haag, In the United States; Thomas I. Emerson and David Haber, Of the faculty member as citizen; Louis Joughin, Academic due process; Harold W. Dodds, And the academic president; Russell Kirk, Massive subsidies and academic freedom; Charles V. Kidd, The implications of research funds for academic freedom; Philip Monypenny, Toward a standard for student academic freedom; Luigi Linaudi, University autonomy and academic freedom in Latin America; Lord Chorley, In the United Kingdom.

See Henry, 571.14.


24.20. Koch v. Bd. of Trustees, U. of Illinois. (U.S.S.C.) Facts: VIII DOCKET 3, 92, 122. Petition for cert. pending.
24.21. Egan v. Moore, Trs. of State Univ. of State of New York. (App. Div., 3d Dept., #6143.)*
24.25. Byrd v. Gary. (ED S.C.)*
24.26. Ritter v. Matthews, Trs. (N. Texas State U.) (ED Tex., Sherman Div., #1525.)*
24.27. Wilkinson and Schwartz v. Bd. of Trs., Ohio State Univ. (SD Ohio, E. Div., #6611.)*
24.28. Adams v. Bd. of Educ., Stephens Co. (Toccoa, Ga.) (Stephens Co. Ct., #6,369.) Apr. 1963: Pl.-teacher sued for balance of year's pay after dismissal for assigning "A Bell for Adano" to 8th grade class. Judgment for Pl.

Irwin Kimzey, Esq., Clarkesville, Ga.

24.29. Re Gordon Lish. (San Mateo Union High School Dist. Bd of Trs.) Apr. 1963: Pl.-teacher dismissed for tardiness, failure to maintain seating charts and lesson plans, allowing students to skip air raid drill, speaking critically of administration before students. June 29, 1963: Public hearing; pending.
24.30. Morial v. Orleans Parish School Bd. (ED La.) Pl.-Negro teacher seeking declaratory judgment on La. statute requiring dismissal of teachers who advocate racial integration, and injunctive relief against its enforcement. Pending.

NAACP Legal Defense & Educ. Fund.

24.31. Finot v. Pasadena Bd. of Educ. (Los Angeles Super. Ct., #827326.) 1963: Pl.-teacher, fired for wearing beard, filed petition for writ of mandate to restore him to class-room. Pending.

Rudman and Mosk, Esqs., 6290 Sunset, Los Angeles.

Amicus appearance by ACLU of S. Calif., Wirin and Okrand, Esqs., 257 S. Spring St., Los Angeles.

24.32. Woods v. Wright (Birmingham.) (ND Ala., S. Div., #63-249.) (8 RRLR 444, 445.) May 1963: 1,000 Negro pupils summarily dismissed from public schools for participating in demonstrations. Pl.-pupils sought injunction permitting them to complete school term. May 29: DC denied relief. May 29: CA 5 Chief Judge issued injunction pending appeal: "the orders of suspension were based on illegal arrests, known at the time of the order of suspension to be illegal" under Edwards v. S.C. (372 U.S. 229), Fields v. S.C. (372 U.S. 522), Shuttlesworth v. Birmingham (373 U.S. 262). Pupils completed term. Aug. 8: hearing on motion to dismiss. Pending.
25. On Miscellaneous Activities

25.10. Smith v. Cremins. (SD Cal., #53-61-WB.)*
25.11. In re Claude Belshaw. (Berkeley Personnel Bd.)*

Law Review Article: John O. Rogge, Inquisitions by officials: A study of due process requirements in administrative investigations—I. 47 Minnesota U. 939-96.

30. Economic Restrictions (see also 251, 261, 268, 281)

30.1. Independent Productions Corp., and I.P.C. Distributors, Inc. v. Loew's Inc. (SD NY, Civ. #110-304)*
30.5. Wagner v. Post Office. (U.S. Post Office.)*
30.6. Eustace v. Day, Postmaster General and U.S. Civil Service Comm. (CA DC.) Facts: VIII DOCKET 4. 1963: CA affirmed dismissal. No appeal.
30.7. Young v. Motion Picture Assn. of America, Inc. (DC DC.)*
30.13. Turn Toward Peace v. Al Molaikan Temple. (Los Angeles Muni. Ct., #908264.) Facts: VIII DOCKET 4. Trial date: March 4, 1964.
30.14. Fort v. Co. of Alameda. (California) (Dist. Ct. of App. 1st Dist., Div. 1, #2168.)*
40. Contempt (see also 63)
41. Of Federal Courts
42. Of State Courts

42.11. Louisiana v. Defs. (19th Jud. Dist., E. Baton Rouge Parish.)*
42.12. Re Dawley and Holt. (Va. Sup. Ct.)*
42.13. Re Selby and Taylor. (Pa. Sup. Ct.) Facts: VIII DOCKET 92, 122. Cite: 193 A.2d 181.
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42.16. In re Tobias Simon (Tallahassee Muni. Ct., #TS 1281-AAA.) June 1963: Request submitted to Miami attorney as genl. counsel for Fla. CLU to secure counsel for civil rights demonstrator in Tallahassee. Simon agreed to act to attempt to secure counsel; unable to do so; unable to appear personally; ct. denied request for continuance. Je. 27, 1963: Ct. appointed legal aid atty. who was granted a continuance. Oct. 4, 1963: Ct. issued order to show cause why Simon not in contempt for failure to appear Je. 27. Oct. 17, 1963: Ct., sua sponte, struck Simon's return, (alleging above as facts) as "dilatory and untrue and not worthy to be put upon the [ct.] records"; "publicly chastised and reprimanded" Simon; dismissed charges.

Fuller Warren, Esq., Ainsley Bldg., Miami, and Herbert L. Heiken, Esq., 763 Arthur Godfrey Rd., Miami Beach.

And see cases at 373.

42.17. Ex parte Mary Hamilton. (Ala. Sup. Ct., 7 Div. 621) During trial of habeas corpus proceeding by Gadsden racial demonstrators seeking admission to bail, Resp. CORE worker refused to answer questions on cross-examination because counsel for State called her by her first name. Resp. held in contempt of court. Sept. 26, 1963: Ala. Sup. Ct. denied certiorari: "the record conclusively shows that petitioner's name is Mary Hamilton, not Miss Mary Hamilton." Petition for certiorari pending in U.S.S.C.

NAACP Legal Defense & Educ. Fund, NYC.

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.)*
51.19. South Carolina v. Carras, Stradley. (Sumter Muni. Ct.)*
51.25. Louisiana v. Rev. Cox. (Baton Rouge.) (U.S.S.C.) (156 So. 2d 448.) Facts: VIII DOCKET 5, 122. Fall 1963: La. Sup. Ct. denied rehearing. Petition for cert. pending on disturbing the peace, obstructing sidewalk.

And see Cox, 51.25a, 53.5.

51.25a. Louisiana v. Rev. Cox. (Baton Rouge.) (La. Sup. Ct.) Facts: VIII DOCKET 5, at 51.25. Oct. 1963: La. Sup. Ct. affirmed conviction for obstructing justice; 60-day stay of execution signed.
51.27. South Carolina v. Randolph (Sumter.) (Sumter Co. Cir. Ct.)*
51.34. Georgia v. Forman. (Albany Recorder's Ct.)*
51.35. Georgia v. Patch. (Albany Recorder's Ct.)*
51.36. City of Albany v. Rev. Anderson. (Albany Recorder's Ct.)*
51.37. Mississippi v. Block. (Greenwood.) (Co. Ct.)*
51.39. City of Athens, Ga. v. 5 Defs. (City Ct., Juv. Ct.)*
51.40. Connecticut v. Petty. (U.S.S.C.) Facts: VIII DOCKET 123. Oct. 14, 1963: U.S.S.C. denied cert.
51.41. New York v. 15 Defs. (Rochester Co. Ct.)*
51.42. New York v. 8 Defs. (Manhattan Supr. Ct.) Aug. 21, 1963: Defs., CORE members and others, collected truck-load of rubbish from local slums, attempted to unload it on City Hall steps. Charges: littering, disorderly conduct. Pending.
51.43. New York v. Blackmon, Beebe and Hicks. (Manhattan Crim. Ct.) Sept. 20, 1963: Demonstrating at UN during Pres. Kennedy's address, Defs. arrested: (1) striking plain-clothes officer, with newspaper; (2) disorderly conduct. Oct. 7, 16: After trial, acquitted on (2), convicted on (1): 30 days. Appeals pending.

Percy Sutton, Esq., 135 W. 125th St., and Hyman Dechter, Esq., NYC.

51.44. City of Plaquemine, La. v. Farmer. (Muni. Ct.) Aug. 19, 1963: 8 CORE Defs. marched to City Hall to demand establishment of city biracial comm., arrested: disturbing the peace, obstructing streets, inciting violence. Last charge dropped. Convicted; 60 days or $200. Appeals pending.

Collins, Douglas and Elie, Esqs., 2211 Dryades St., New Orleans.

51.45. Alabama v. 200 Defs. (Selma.) (Selma Recorder's Ct., Dallas Co. Ct.) Sept.-Oct. 1963: 200 persons (adult and juvenile) arrested during voter registration demonstrations. Charges: parading without a permit, unlawful assembly. 15 Defs. convicted of (1); appeal pending. 5 Defs. convicted of (2); 180 days, $100. fine, $1,000. peace bond. Habeas corpus petitions filed for release of Defs. placed under peace bond. Appeal pending.

NAACP Legal Defense & Educ. Fund, NYC.

And see 56.12, and other peace bond cases at 59.

51.46. Louisiana v. I. S. Daniel and 85 Defs. (New Orleans.) (Crim. Ct.) Sept. 21, 1963: Def.-Negro high school students arrested while demonstrating against discrimination by voter registration officials: disturbing the peace, boisterous language. Pending.
51.47. District of Columbia v. Am. Nazi Party. (D.C. Muni. Ct.) Oct. 11, 1963: 14 Nazi Party members attended American Univ. civil rights panel, tried to climb on stage, heckled speakers; arrested: disorderly conduct.
51.48. Tennessee v. Gustafson. (Blount Co. Genl. Sessions Ct., Juvenile Ct., ##36761-36770.) June, 1963: Northern white youth and southern Negro youth attended work camp sponsored by Highlander Center (see earlier case, 244.6). June 20, 2 a.m.: In response to anonymous telephone threats of violence to campers, 4 Co. and City police cars drove near camp, allegedly walked ½ mile on private road to camp, searched campers without warrant, took all to jail including 1- and 3-yr. olds. Genl. Sess. Ct. charges: (1) possessing liquor, (2) disorderly conduct, (3) lewdness (added 3 min. before trial); Juvenile charges: (4) contributing to delinquency of minor. June 24: Trial before Co. Judge and Juvenile Ct. Judge simultaneously, over Defs.' objection; jury waived; 2 guilty on (1)—$10; 5 guilty on (2)—$5; 1 (of 8 charged) guilty on (3)—$15; 2 bound over to grand jury on (4). During trial, camp burned to ground. Defs. filed petition for removal
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to fedl. DC. Sept. 1963: Genl. Sess. Ct. purported to dismiss removed cases. Pending.

Edward D. Lynch, Esq., Blount Natl. Bank Bldg., Maryville, Tenn.

And see cases at 56.

52. Against Obscenity (see also 12, 14)
Law review article: Hunter Wilson, California's new obscenity statute: The meaning of "obscene" and the problem of scienter. 36 S. Calif. 513-545.

Symposium: The Offense of Obscenity, 51 Kentucky U. 577-710: Henry Miller, Obscenity and the law of reflection; Elmer Gertz, The Tropic of Cancer litigation in Illinois; Erwin A. Elias, The law, a dissenting voice; John Cornelius Levy, A position on the control of obscenity; George D. Haimbaugh, Jr., Film censorship since Roth-Alberts; Bernard Green, Federalism and the administration of criminal justice; The treatment of obscenity in Canada and Australia, and the U.S.; Yasou Tokikuni, And the Japanese Constitution.

Casenote: Prior determination of obscenity by qualified person must precede seizure of books: U.S. v. Peisner, (311 F.2d 94, CA 4, 1962.) 23 Maryland 374-76.


52.20. U.S. v. Frew. (ED Mich., Cr. #39714.) (See 272 F.2d 384, 1959; 187 F. Supp. 500, 1960.) Facts: VIII DOCKET 5. Jy. 17, 1963: DC granted motion to dismiss indictment under Roth, 52.3, 354 U.S. 476, and Manual Enterprises v. Day, 22.14, 370 U.S. 478.
52.22. Massachusetts v. Spiegel (Cambridge Dist. Ct.) Facts: VIII DOCKET 5. 1963: Pros. agreed not to press charges.
52.33. California v. Aday. (Dist. Ct. of App.)*
52.34. New York v. Mishkin. (N.Y. Ct. of App.)*
52.35a. G.I. Distributors, Inc. v. Murphy. (ED N.Y.)*
52.37. Tralins v. Gerstein. (U.S.S.C., #246.) Erroneously reported in this category. Hereafter reported at 14.16.
52.42. California v. Shaver. (San Mateo Super. Ct.) Facts: VIII DOCKET 6, 71. 1963: Prosecutor nol prossed; case dismissed.
52.44. California v. Bradley Smith (U.S.S.C., #72.)*

Stanley Fleishman, Esq., 1680 Vine St., Los Angeles.

52.48. Connecticut v. Huntington. (Conn. Sup. Ct. of Errors, #5454.)*
52.53. Whitney v. San Francisco Municipal Court. (Calif. Sup. Ct., SF #21120.)*
52.55. Chicago v. Russell, Compton (Cook Co. Cir. Ct.)*
52.56. U.S. v. Ginzburg. (CA 3.)*
52.57. Chicago v. Bruce. (Chicago Muni. Ct.)*

Article: The opening night of Lenny Bruce. The Independent, Jy. 1963, p. 8.

52.59. New York v. Pocket Books, Inc. and Hamilton News Co. (Albany Co. Ct.) Defs. indicted for publishing and distributing "The Carpetbaggers"; News Co. also indicted for possession with intent to sell 73 copies of Sept. 1962 issue of Playboy magazine. Ct. held mere inclusion of obscene matter in book does not make it hard core pornography; dismissed indictments.
52.60. City of Chicago v. Kroch's and Brentano's. (Chicago Muni. Ct., #63 MC 167714.) Jy. 31, 1963: Large Def. bookstores indicted for selling Cleland's "Memoirs of a Woman of Pleasure." Sept. 20: Trial date.

Elmer Gertz, Esq., 120 S. LaSalle and Jack E. Dwork, Esq., 77 W. Washington, both of Chicago.

52.61. New York v. G. P. Putnam Sons. (NYC Sup. Ct.) Jy. 1963: Pl. sought temporary injunction against sale of "Memoirs of a Woman of Pleasure" published by Def.; granted. Aug. 23, 1963: Ct. reversed, held book had high literary quality. City's appeal pending.
52.62. New York v. Weisfeld and Downs. (NYC Crim. Ct.) Nov. 14, 1963: Def.-booksellers charged with selling "Memoirs of a Woman of Pleasure" to minor in violation of new criminal law section; convicted by 3-judge ct. Appeal pending.

Emanuel Redfield, Esq., 60 Wall St., NYC.

53. Against Defamation (see also 61)

53.4. Louisiana v. Moore. (19th Jud. Dist., E. Baton Rouge Parish.)*
53.5. Louisiana v. Cox. (19th Jud. Dist., E. Baton Rouge, ##47018, 47019.) Facts: VIII DOCKET 94. Appeal pending in La Sup. Ct.
54. Against Sedition, Criminal Anarchy (see also 241-44)

54.2. Louisiana v. Goldfinch. (New Orleans.) (Orleans Parish Ct.)*
54.3. Diamond v. Louisiana. (U.S.S.C., #100.)*
54.6. Georgia v. Perdew, Harris, Allen. (Americus.)

and

54.7. Georgia v. Aelony. (Americus.)

See 54.7a.

54.7a. Aelony v. Pace, Ga. Solicitor Genl.; Dir., Dept. of Public Safety; Mayor and City Council and City of Americus; Sumter Co. Sheriff. (MD Ga., #530-1963.) For facts, see VIII DOCKET 124, at 54.6-54.7. Oct. 8, 1963: Pet. (Def. in 54.7) filed complaint (under 28 U.S.C. §§1343, 2281) to restrain Defs from enforcing Ga. Code §§26-902 and -903 (attempt to incite insurrection, death penalty), and 26-5301 (unlawful assembly), alleging: (1) Defs. aware of their unconstitutionality (Herndon v. Lowry, 301 U.S. 242, Wright v. Ga., 373 U.S. 284), but conspired to oppress Pl. and other citizens in their exercise of privileges and immunities and suffrage, in violation of 42 U.S.C. §§1971, 1983, by making arrests (see VIII DOCKET 126, at 55.54-55.64); only testimony at preliminary hearing was that Pet. invited people to meeting at Church and observed 30 arrests. Similar complaint filed by 3 Defs. in 54.6. Nov. 1, 1963: 3-judge ct. (2-1) held statutes unconstitutional, restrained Defs. from enforcing statutes and prosecuting Pets. further for assault with intent to murder, inciting to riot, or other state or local charges unless each Pet. released that day on no more than $1,000 bond (felony) and $500. (misdemeanor). Defs. released on bond.

Morris B. Abram, Esq., 575 Madison Ave., NYC; C. B. King, Box 1024, Albany, Ga.; NAACP Legal Defense & Educ. Fund, 10 Columbus Circle, NYC.

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55. Against Picketing, Leafleting, 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.)*
55.16. Alabama v. Rev. Shuttesworth, Rev. Phifer. (Ala. Sup. Ct.) Facts: VIII DOCKET 7, 124. Cite: 155 So.2d 605, 606.
55.18. Alabama v. Dr. McNair. (Talladega.) (Cir. Ct.)*

And see Alabama v. Gray, 63.2.

55.19. Louisiana v. Moore. (La. Sup. Ct., #46-930.) Facts: VIII DOCKET 7. Oct. 10, 1963: La. Sup. Ct. refused to hear appeal on illegal use of sound truck; 60-days stay of execution signed.
55.25. Jackson v. Allen. (Co. Ct., 1st Jud. Dist., Hinds Co., Miss., #21.)*
55.26. North Carolina v. Frinks. (Chowan Co. Super. Ct.)*
55.28. Illinois v. Tranquilli, Thomas, J. Lewis, Bridges. (Cairo.) (Justice of Peace Ct., Alexander Co. Ct.)*
55.32. Crawford, Mitchell, Poole, Salter v. Mississippi. (CA 5.)*
55.34a. Barnes v. CORE. (Butte Co. Super. Ct., Calif., #40296.)*
55.35. Baines v. City of Danville. McGhee v. City of Danville. (CA 4, ##9080, 9082.)*
55.36. Chase v. McCain. Chase v. Aiken. (CA 4, ##9081, 9082.)*

SOUTHWEST GEORGIA CASES—ALBANY, AMERICUS, FITZGERALD:

55.37-55.54, 55.56-55.56. All cases pending.
55.55. Georgia v. Allen, Durham, McDaniel. (Americus.) (Justice of Peace.) Facts: VIII DOCKET 126. Dec. 5, 1963: Def. Allen, white student, tried before all-white jury; State's witnesses testified Def. threw bottle at policeman; Def. testified city marshal beat him 3 times. Jury convicted of assault with intent to commit murder; 2 yrs.; $5,000. bond. Feb. 14, 1964: motion for new trial argued.
55.67. U.S. v. Anderson. (MD Ga., Albany Div.) Facts: VIII DOCKET 126. One Def. pleaded guilty; suspended sentence. Oct. 1963: Dr. Anderson tried before all-white jury; jury disagreed. New trial date: Spring 1964.

And see Rabinowitz, 55.68, and 55.75.

55.68. U.S. v. Rabinowitz. (CA 5.) Facts: VIII DOCKET 126. Oct. 1963: All pretrial motions having been denied, Def. Rabinowitz moved to waive jury; U.S. Atty. objected; DC denied motion. Oct.-Nov.: 5 Defs. tried before all-white juries; all convicted; 2 Defs.—366 days; 2 Defs.—suspended; Def.-Rabinowitz—30 days to 4 yrs. Issues on appeal: (1) improper method of selecting grand and trial jury panel; (2) right of Def. to waive jury. Pending.

And see Anderson, 55.67, and 55.75.

55.69. New Jersey v. Whipper. (Elizabeth.) (Union Co. Ct.) Aug. 5-22, 1963: Union Co. Civil Rights Coordinating Comm. picketed building sites protesting construction unions' discriminatory practices. 128 arrested. Aug. 22: 10 Defs. convicted; fines and 30 days suspended. Other cases pending.
55.70. New York City v. Defs. Jy. and Aug. 1963: Over 800 arrests at building sites in Brooklyn, Manhattan, Queens, Staten Island; charges: disorderly conduct, similar offenses. Jy. 24: Manhattan Crim. Ct. sentenced 5 Defs. to 30 and 60 days; motions for certificates of reasonable doubt granted; $1. bail pending appeal. Oct.: Kings Co. Crim. Ct. tried 8 minister-Defs. for disorderly; denied motion to dismiss on First and Fourteenth Amendment grounds (because prosecution of demonstrators, without concurrent prosecution of alleged offenders against FEPC Act in construction industry, was "uneven application" of laws). Oct. 11: Manhattan Crim. Ct. convicted 11 Defs.; 5 days or $25. Oct. 14: 4 sat in front of delivery truck at Foley Sq. fedl. bldg. project; arrested: disorderly, resisting arrest. Oct. 18: 3 CORE workers arrested at project for climbing on construction crane.

And see Gaynor, 573.4a.

55.71. Wisconsin v. 3 Defs. (Milwaukee.) (Milwaukee Co. Ct.) Aug. 29, 1963: Def.-CORE members arrested during sit-in at Co. courthouse, demanding removal of member of Community Social Development Commission.
55.72. Alabama v. 10 Defs. (Selma.) (Crim. Ct.) Dec. 1963: 10 Negroes arrested while distributing handbills urging boycott of downtown stores during holidays. Charge: printing, circulating boycott notice in violation of state law. Freed on $500. bond. (Police also raided SNCC, Negro printing co., "Freedom House," seized "Don't Buy Segregation" handbills.) Pending.
55.73. Georgia v. Tuttle, Jr. (Savannah.) (Chatham Co. Ct.) June 31, 1963: White student arrested during racial demonstration. Aug. 31: Def. released on $15,500. cash bond. Pending.
55.74. Georgia v. Havice. (Macon.) (Macon Co. Ct.) Nov. 22, 1963: Defs., 19 members of CNVA Canada-to-Cuba peace march, arrested for passing out leaflets.
55.75. U.S. v. 39 Defs. (Kansas City.) (DC Kan.) Aug. 1963: 39 Negroes picketed fedl. judge for delay in deciding school integration case (Downs, 522.Kan.2). Aug. 29: Fedl. grand jury failed to indict for attempting to influence fedl. judge.

Compare Anderson, 55.67, Rabinowitz, 55.68.

55.76. City of Chicago v. Barney, Gregory. (Crim. Ct.) Aug. 9, 12, 13, 1963: During nonviolent demonstration against mobile classroom on South Side, Defs. arrested: disorderly conduct, resisting arrest. Def.-comedian refused to sign recognizance bond, alleging charge false. Aug. 24: Def. released. Oct. 10: hearing.

Herbert H. Fisher, Esq., 343 S. Dearborn; Stark and Anglin, Esqs., 654 Oakwood Blvd.; William Cousins, Jr., Esq., 30 W. Washington, all of Chicago.

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55.77. Alabama v. 2,500 Defs. (Birmingham.) Jefferson Co. Cir. Ct.) Spring 1963: 2,500 Negroes arrested during demonstrations for: disorderly conduct, parading without a permit, trespass after warning. After U.S.S.C. decision in Peterson v. City of Greenville, 552.SC.8, 373 U.S. 244, trespass charges dismissed because of city ordinance requiring segregation in eating establishments at time of arrests. Sept.: On trials de novo in Cir. Ct., some convictions reversed, some sustained. Appeals and trials de novo pending.

NAACP Legal Defense & Educ. Fund, NYC.

And see 55.77a, 63.7, 63.7a.

55.77a. Birmingham v. Croskey. (ND Ala., S. Div., #63-143 Cr.) (217 F. Supp. 947, 8 RRLR 436.) Defs. convicted in 55.78 sought removal to DC on grounds: (1) ordinances violate rights under U.S. Constitution, and are vague; (2) systematic exclusion of Negroes from juries; (3) Ala. judicial system completely segregated; (4) newspapers and govt. officials had created prejudicial atmosphere; (5) discriminatory voting practices preclude fair treatment before elected judge. Apr. 23, 1963: DC granted City's motion to remand to City Ct. because denials of civil rights not sanctioned by state law, as required to support removal to DC.
56. Against and Concerning Minors (see also 430)
Note: Due to the expanding number of cases concerning minors, this category has been changed from "Against 'Corrupt Practices' ". Cases formerly reported here will be found at 59. hereafter.
56.10. White and Cromwell v. Maryland. (Cambridge.) (Dorchester Co. Cir. Ct.) Summer 1963: Dorchester Co. Cir. Ct., acting as Juvenile Ct., adjudged 2 Negro minors delinquent. Oct. 8: Md. Ct. of App. reversed, held Defs. denied procedural due process by introduction of prejudicial and irrelevant evidence.

NAACP Legal Defense & Educ. Fund, NYC.

56.11. Singleton and Anderson v. Davis and Walters. (St. Augustine, Fla.) (St. Johns Co. Cir. Ct.) Summer 1963: 2 teenage Defs. arrested with others during racial demonstrations. Juv. Ct. prepared to release Defs. to custody of their parents on condition they agree not to participate in further protests. Defs. refused. Juv. Ct. sent Defs. to reform school. DC Fla. denied petition for habeas corpus writ for failure to exhaust state remedies. Defs. released pending appeal, agreeing not to participate in further protests.

NAACP Legal Defense & Educ. Fund, NYC.

56.12. Alabama v. Defs. (Selma.) (Dallas Co. Juv. Ct.) Sept.-Oct. 1963: During demonstrations for voter registration, juveniles arrested; charge: delinquency. Convicted; 1 yr's. probation. 3 adult Defs. arrested; charge: contributing to delinquency of minor; convicted; 1 yr. at hard labor, $300. and $1,000. peace bond (see 59).

NAACP Legal Defense & Educ. Fund, NYC.

56.13. City of Americus v. 32 Defs. (Sumter Co., Ga.) (Crim. Ct.) Sept. 1963: Def.-Negro children, in boycott of school to protest arrests and brutality by other youth, marched around Staley Jr. High. Arrested. City ordinance requires arrested persons to pay $23.50 fee plus $2/day board. Pending.

And see Gustafson, 51.48.

57. Against Vagrancy

57.3. Louisiana v. Trumpower. (E. Baton Rouge Crim. Dist. Ct.)*
57.4. Georgia v. Sherrod and Allen. (Dawson.)*
57.5. Mississippi v. Rev. A. Jones. (Jackson.) (Hinds Co. Ct.)*
57.9. California v. Sandness, Hill. (San Francisco Muni. Ct., App. Dept.)*
58. Against Trespassing (see also 541, 542, 551, 552)

58.1. California v. Poland and Cage. (U.S.S.C., #21 Misc.)*
58.2. Delaware v. Anderson, Livington. (Kent Co. Ct. of Com. Pleas.)*
58.3. Alabama v. Zellner. (Talladega.) (Ala. Sup. Ct.)*

And see 63.2.

58.4. Maryland v. Grubb. (Cambridge.)*
58.6. Alabama v. Student Defs. (Huntsville.) (Ala. Ct. of App.)*
58.7. Ohio v. Schlesinger. (Xenia.) (Greene Co. Com. Pleas Ct.) May 18, 1963: 19 Antioch students arrested for sit-in at Gegner barber shop (see 553.Ohio.1, VII DOCKET 63); charge: trespass. Aug. 1963: 2 (1 Negro) acquitted; 17 convicted: $35., 30 days (suspended). Appeal pending.

Asher Bogin, Esq., American Bldg., Dayton.

58.8. California v. Defs. (Torrance.) (Muni. Ct.) July 1963: Sit-ins at housing tract protesting refusal to sell or show to Negroes. See Don Wilson Builders, 533.63. Jy. 12: Muni. Ct. dismissed trespass charges against 36 CORE Defs. Jy. 27: 69 arrests during sit-outs on office driveway, including 5 charged with aiding and abetting the sit-out. Pending.

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

And see Coleman, 15.7.

58.9. New York v. 7 Defs. (NYC.) (Crim. Ct.) Aug. 1, 1963: 7 CORE members picketed Gov. Rockefeller's office in NYC protesting job discrimination on state construction projects; arrested: trespassing. Aug. 27: Gov. Rockefeller testified he had asked to have Defs. removed from doorway and hall. Convicted; 30 days suspended for trespassing; 10 days for resisting arrest.

Percy Sutton, Esq., 135 W. 125th St., and Mark Lane, Esq., 211 E. 116th St., both of NYC.

58.10. Illinois v. 80 Defs. (E. St. Louis.) (Crim. Ct.) Aug. 12-16, 1963: Defs. locked hands in front of bank tellers' windows in demonstration for jobs for Negroes; 80 arrests. After negotiations, agreement reached to hire some Negroes immediately, train others; all charges dropped.
58.11. California v. Bradley. (San Francisco.) (Muni. Ct.) Sept. 14, 1963: Real estate broker made citizen's arrests of 14
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CORE members sitting in at his office. Charge: trespass. Oct. 9: Broker and CORE signed non-discrimination agreement as to real estate service; charges dropped.
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.) Facts: VIII DOCKET 9, 72, 95, 127. U.S.S.C. denied cert. Def. Mallory extradited. Trial date: Feb. 1964.
59.22b. North Carolina v. R. Covington. (Union Co. Super. Ct.)*
59.26. Mississippi v. Bevel. (Jackson.) (Hinds Co. Ct.)*
59.27. Mississippi v. Aaron Henry. (Clarksdale.) (Cir. Ct.)*
59.27a. Mississippi v. Aaron Henry. (U.S.S.C.) Facts: VIII DOCKET 95. Correction: 1961: Def., state NAACP pres., arrested for improper advances to white youth; convicted. Miss. Sup. Ct. reversed on technicality. Jy. 12, 1963: Miss. Sup. Ct., on reconsideration, sustained suggestion of error, affirmed conviction. Petition for cert. pending.
59.28. Kentucky v. Pfuhl and Duffey. (Louisville City Ct.)*
59.31. U.S. v. Gibson. (ED Ky., Jackson Docket #10,095.) Facts: VIII DOCKET 127. Oct. 1963: Federal grand jury indicted 5 miners, 1 dynamite supplier under fedl. train wreck statute. Pending.
59.32. City of Columbus, Ohio v. Miqdadi. (Muni. Ct.) Def. bookstore operator arrested under ordinance prohibiting sale of Communist-made goods. Nov. 13, 1963: Muni. Ct. held ordinance unconstitutional; dismissed charges against Def. City's appeal pending.

And see cases at 14, and 52.

59.33. Louisiana v. Rev. Davis. (Baton Rouge.) (19th Jud. Dist. Ct., Crim. #47-225) Aug. 1963: Def.-minister of church gassed by state police, arrested for passing worthless check (L.S.A.-R.S. 14:71). Sept. 1963: Ct. denied motion to quash. Def. alleged customary police practice of notifying writers of worthless checks and giving them opportunity, on first offense, to make restitution, not followed here because Def. is leading Negro CORE member and integrationist. Sept., 1963: Ct. denied motion challenging general jury venire because drawn so as to exclude all but token number of Negroes, all of whom could be challenged by State peremptorily. Def. alleged segregation is express policy of Louisiana, (citing preface to 1960 Jt. Resolution on Act 630 to amend La. Const. Art. X and L.S.A.-R.S. 4:5; 4:451; 4:452; 14:79; 15:752; 17:10; 17:443; 17:462; 45:528; 45:529; 45:530; 45:531; 45:532; 45:1301; 45:1303; 23:971; 23:972; 33:5066; 13:917; 33:4558.1; 14:317) so selection of jury venire by reputation, acquaintanceship, and from discriminatory voter registration rolls could not be other than discriminatory. Dec. 1963: Ct. denied challenge to petit jury. Def. alleged Dist. Atty. was member of La. Citizens Council and that Def. had made restitution on worthless check. Def. convicted by all-white jury after 40 minutes deliberation.

Collins, Douglas and Elie, Esqs., 2211 Dryades St., New Orleans.

PEACE BOND CASES:

In several southern cities recently, civil rights leaders have been arrested and held until they put up peace bonds in answer to good behavior warrants sworn out against them by local citizens. See, e.g., VIII DOCKET 126 at 55.54, 55.65.

59.34. Lubeck v. Hosea Williams. (Savannah.) (Muni. Ct.) Jy. 11, 1963: Negro leader Williams arrested after several citizens swore out warrants against him; after hearing, ordered to put up several bonds at $2,500. each or remain in jail. Jy. 17: Ct. denied petition for habeas corpus writ. Jy. 17-18: Hearings on several other warrants sworn out against Def. Williams; hearings on similar warrants against 30 other Negroes; held: pay $200. bond on each warrant or remain in jail. Aug. 17: Def. Williams released on bond. Sept. 17: 25 other Defs. released after signing statements repudiating violence. Appeals pending.

NAACP Legal Defense & Educ. Fund, NYC.

59.35. Anderson and Long v. Alabama. (Selma.) (Dallas Co. Cir. Ct., ##7931, 7932.) Oct. 1963: Defs. held on peace bonds. Oct. 9: Hearings on petitions for habeas corpus writs; Defs. admitted to bail pending decision. Oct. 25: Ct. refused to grant writs; Defs. recommitted; Nov.: Defs. released after $500. peace bonds posted. Appeal pending to Ala. Ct. of App.

NAACP Legal Defense & Educ. Fund, NYC.

60. Civil Sanctions (and Contempt Charges)
61. Against Defamation
Comment: Mason C. Lewis, The individual member's right to recover for a defamation leveled at the group. 17 Miami U. 519-35.

Case note: Expansion of actionable group in group libel action: Fawcett Publications, Inc. v. Morris, (377 P.2nd 42, Okla. 1962) 35 Colorado 616-18.


61.9. New York Times Co. v. Sullivan. (U.S.S.C., #39.)*
61.9a. Commr. James v. The New York Times, Rev. Shuttlesworth, et al. (Montgomery Cir. Ct.)*
61.9b. Commr. Parks and Patterson v. The New York Times. (U.S.S.C., #52.)*
61.10. Gov. Patterson v. The New York Times, Rev. King, Shuttlesworth, et al. (Montgomery Co. Ct.)*
61.11. The New York Times v. Connor and Bessemer City Commrs. (CA 5, #19781.)*
61.16. Barton v. Gov. Barnett. (Hinds Co. Cir. Ct., #16,525.)*
61.17. Franklin v. Paradise American Legion Post 259. (Butte Co. Super. Ct., Calif., ##39103, 39906.)*
61.18. Pauling v. Anti-Communist League of York Co. (MD Pa., #7940).*
61.18a. Pauling v. National Review. (N.Y. Sup. Ct.)*
61.18b. Pauling v. News Syndicate Co. Inc. (CA 2.)*
61.18d. Pauling v. St. Louis Globe-Democrat. (ED Mo., E. Div. #61 C 312(3)) Facts: VIII DOCKET 95. Trial date: March 16, 1964.
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61.19. Brent v. Singlemann, Citizen's Council of New Orleans. (ED La.)*
61.20. Harper v. National Review and Buckley. (NYC Sup. Ct.) Pl.-Yale Law prof. sued Defs. for falsely labeling him a "Communist and Communist-fronter," seeks $500,000 damages. Aug. 1963: Pl. moved to vacate Defs.' demand for bill of particulars. Pending.

Michael L. Matar, Esq., 29 Broadway, NYC.

61.21. Moore v. Cleveland Call and Post. (Summit Co. Com. Pleas Ct.) Mar. 6, 1962: Gov. DiSalle (Demo.) used term "Uncle Tom" in argument over number of Negroes employed in Ohio gov't. Def.-Newspaper (anti-DiSalle) reported Gov. applied term to Pl.-Negro Demo. leader. Pl. sued for libel, alleged term described Negro who "sells out" his convictions and his race for money, prestige or political preference; that Gov. didn't apply term to her. Oct. 16, 1962: After trial before all-white jury, judgment for Pl., $5,000. for financial loss and humiliation, $2,000. atty's. fees, $25,000. punitive damages.
61.22. AFL-CIO v. Am. Medical Assn. (DC DC.) Def's Am. Medical Political Action Comm. distributed phonograph record containing voice alleged to be that of Ch. of Pl's. Comm. for Political Education using high pressure tactics to collect $146,000. from Pittsburgh unionists. Nov. 1963: Pl. sued for $400,000 damages, alleged voice and speech not that of Pl's. chairman. Pending.
61.23. Collins and Pearson v. Henry. (Clarksdale.) (Miss. Sup. Ct.) Def.-Negro pharmacist, Miss. NAACP pres., arrested on morals charge (59.27a); convicted; allegedly said charge was "diabolical plot cooked up" by Pls.-police chief and Co. Atty. Pls. sued for libel; after trial, $15,000. judgment against Def. Dec. 2, 1963: Miss. Sup. Ct. affirmed.
61.24. City of Gadsden v. Am. Broadcasting Co. (Etowah Co. Ct.) Aug. 1963: During demonstrations (see 63.10, 63.10a), Def. allegedly quoted Mayor Gilliland praising Negroes as civil rights heroes; Mayor says Marlon Brando made quoted comment. Pl. filed $1,000,000. libel suit. Pending.
62. By Injunction in Labor Disputes
63. By Injunction in Other Situations (see also 40)
And see cases at 204.
63.2. Alabama ex rel. Atty. Genl. Gallion v. Gray. (Talladega.) (Ala. Sup. Ct.)*
63.4. B & B Cash Grocery Stores, Inc. v. Young Adults for Progressive Action. (Fla. Dist. Ct. of App.) Facts: VIII DOCKET 10. 1963: Dist. Ct. of App. denied appeal.
63.5. Kelley v. Page. (Albany.) (CA 5, #20720.)

and

Anderson v. City of Albany. (CA 5, #20711.) Facts: VIII DOCKET 10, 72-3, 128. Suits consolidated; appeal pending.

63.6. Potomac Electric Power Co. v. Wash. Chap. of CORE. (DC DC, #3238-62.)*
63.7. City of Birmingham v. Walker. (Cir. Ct., 10th Jud. Cir., Ala., #130-173.) (Ala. Sup. Ct., 6th Div. #999.) (8 RRLR 436.) April 1963: Civil rights demonstrations began: participating students dismissed from school (24.32); fedl. troops deployed. Apr. 10: Cir. Ct. granted City a temporary injunction forbidding Negro leaders from "engaging in, sponsoring, inciting or encouraging mass street parades . . . without a permit, trespass on private property . . ., congregating . . ., unlawfully picketing business establishments . . ." . Demonstrations continued. Apr. 26: 11 Negro leaders found guilty of contempt; 5 days and $50. (if not paid, 20 days hard labor). May 15: Ala. Sup. Ct. granted stay on filing of $1,000. for each Def., granted petition for cert.
63.7a. Alabama v. U.S. (U.S.S.C., #15-Orig. 1962 Term.) (83 S. Ct. 1365.) May 1963: During demonstrations in 63.7, Pres. Kennedy deployed troops to Birmingham area installations. May 27: U.S.S.C. denied State's motion for leave to file bill of complaint against such action taken under 10 U.S.C. §333 because purely preparatory.

And see 55.77.

63.8. City of Jackson v. Salter. (Hinds Co. Chancery Ct., 1st Jud. Dist., #63,429.) (8 RRLR 433.) May 1963: Civil rights demonstrations began. June 6: Chancery Ct. granted temporary injunction against NAACP, CORE, Tougaloo Univ. trustees and named Defs. restraining them from engaging in, sponsoring, inciting, encouraging or conspiring to cause mass street parades, trespassing on private property, unlawful picketing of business places, or acts calculated to cause breaches of the peace. June 10: Miss. Sup. Ct. denied Defs'. motion for dissolution or stay of execution. June 14: U.S.S.C. denied dissolution or stay.
63.8a. NAACP v. Thompson (Jackson) (SD Miss.) Spring 1963: Negro demonstrators sued to enjoin their arrest under state and city laws. DC denied injunctive relief. CA 5 denied injunction pending appeal because issues and disputed facts in trial record justified DC's failure to rule without extensive study. Pending in DC.

NAACP Legal Defense & Educ. Fund, NYC.

63.9. Zellner v. Lingo. (MD Ala., #1924-N) May 3, 1963: Pl.-white SNCC worker sued to enjoin arrest and prosecution of Negro and white "freedom walkers" attempting to follow route of slain William Moore and enforcement of state ct. injunction against the walk. June 10, 1963: DC granted Def's. motion to dismiss. Appeal to CA 5 pending.

NAACP Legal Defense & Educ. Fund, NYC.

63.10. Alabama ex rel. Flowers v. M. Robinson. (Gadsden.) (Etowah Co. Cir. Ct., #16,743.) June 17, 1963: Cir. Ct. granted State's motion for injunction against national and local civil rights organizations and individuals, ordered Defs. to show cause Jy. 8 why they should not be held in contempt. Defs. filed petition for removal to DC. DC denied removal petition, remanded cases to state ct. Cir. Ct. ordered police to arrest and jail demonstrators under injunction without contempt citations or hearings.

NAACP Legal Defense & Educ. Fund, NYC.

And see 63.10a, and appeal from denial of removal petition in 55.35.

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63.10a. Ex parte Marvin Robinson. (Gadsden.) (Ala. Ct. of App.) Jy. 26, 1963: After hearing on habeas corpus petitions for release of demonstrators, petitions denied; demonstrators released on bond after conference. Appeal from denial of petition pending.

NAACP Legal Defense & Educ. Fund, NYC.

63.11. Louisiana v. CORE. (Clinton.) (Dist. Ct.) (CA 5) Oct. 1963: La. Dist. Ct. issued temporary restraining order against picketing by Def. against white businesses. 42 Negroes arrested for contempt of ct. order. CA 5 ordered stay of state ct. proceedings. Nov. 12: Dist. Ct. nonetheless renewed order, reset hearing on Pl's. application for preliminary injunction for Nov. 21, 1963. Pending.

Murphy Bell, Esq., 971 S. 13th St., Baton Rouge.

63.12. U.S. ex rel. Louisiana v. CORE. (Plaquemine.) (CA 5.) Aug. 1963: DC issued temporary restraining order against CORE demonstrations during voter registration drive. Aug.: CA 5 reversed.
63.13. City of Tallahassee v. 150 Defs. (City Ct.) Spring 1963: Ct. issued injunction restricting picketing. Fall 1963: Def.-students demonstrated against segregated theatre; charge: violating injunction. Pending.
63.14. Porzio v. Williams. (Savannah.) (Super. Ct.) Pl.-restaurants sought temporary restraining orders against organizations and individuals sitting-in; issued. Hearings on issuance of temporary injunctions pending.

NAACP Legal Defense & Educ. Fund, NYC.

63.15. U.S. v. Patridge. (Winona, Miss.) (SD Miss., Jackson Div.) June 9, 1963: 5 Negroes attempted to secure service at bus terminal. June 17: U.S. sued to enjoin Def.-Sheriff, Mayor, Police Chief from further prosecution of cases. Pending.
64. Against Miscellaneous Activities
70. Procedural Problems
71. In Alleging Standing to Sue
72. In Raising and Preserving Constitutional Questions
90. Miscellaneous Freedom of Thought

90.2. Westlake Subdivision Improvement Assn. v. Klein. (San Mateo Super. Ct., #94100.) Facts: VIII DOCKET 11. Oct. 18, 1963: Case settled.
FREEDOM OF RELIGION (100-199)
110. Separation of Church and State
111. In Education
Law review article: William J. Kenealy, Equal justice under law—aid to education. 11 Loyola 183-212.

Survey: Louis H. Pollak. Public prayers in public schools. 77 Harvard 62-78.


111.10. Chamberlin and Resnick v. Miami and Dade Co. Bds. of Educ. (Fla. Sup. Ct.)*
111.20. Brown v. Orange Co. Bd. of Pub. Inst. (Fla. Sup. Ct.) Facts: VIII DOCKET 11, 96, 128. Cite: 155 So.2d 371.
111.23. Polster v. Centennial Joint School Bd. (Bucks Co., Pa. Super. Ct. #M 1 (1962).)*
111.26. Re Five Pupils. (N.J. State Educ. Comm.)*
111.27. New Jersey v. Hawthorne School Bd. (Super. Ct. Trenton.) Sept. 1963: N.J. Atty. Genl. sought injunction against Def. continuing practice of opening school by reading 5 Old Testament verses and Lord's Prayer under N.J. statute, despite Schempp, 111.6. Sept. 30, 1963: Super Ct. granted injunction. Def's. appeal pending.

N.J. Atty. Genl., Trenton, N.J.

Attorney General's Opinion: Massachusetts: Aug. 20, 1963: Interpretation of effect of Schempp, 111.6, and Murray, 111.22, on practices with respect to religion in public schools.

112. In Public Places
Law review article: Simeon L. Guterman, The interaction of religion, law, and politics in western society: Its historical character and influence. 17 Miami U. 439-68.
112.25. Co. of Los Angeles and Bethlehem Star Parade Assn. v. Hollinger. (Dist. Ct. App., 2nd Dist., #26868.)*
112.26. Jenison v. Minnesota. (Minn. Sup. Ct.) Def.-housewife declined to serve as juror on religious grounds, citing the Bible: Judge not that ye be not judged. Charged with contempt of court; convicted; 30 days. Minn. Sup. Ct. affirmed. Oct. 14, 1963: U.S.S.C., per curiam, granted cert., vacated and remanded in light of Sherbert v. Verner, 140.31. Dec. 1963: Minn. Sup. Ct., on reconsideration, reversed: "there has been an inadequate showing that the State's interest in obtaining competent jurors requires us to override Rel's. right to the free exercise of her religion."
120. Conscientious Objection to War
121. Through Application for C. O. Status

121.28. U.S. v. N. J. Harshman. (ND Ill.)*
121.29. Mang v. Pasadena Draft Bd. No. 91. SD Calif.) Col. Leitch prepared list of approved employers for men performing alternative service, therefore Def.-Bd. refused to approve Pl.-C.O.'s work for Friends Comm. on Legislation. Sept. 1963: Pl. refused to obey compulsory work order, sued for restraining order to prevent Def.-Bd. from prosecuting Pl. for failure to perform alternative service. Pending.

J. B. Tietz, Esq., 410 Douglas Bldg., S. Spring & 3d Sts., Los Angeles.

121.30. U.S. v. Stolberg. (CA 7.) Def.-C.O. filed Selective Service Form #150 claiming belief in Supreme Being defined as "infinite force", on immortality said he was agnostic. Def. charged with refusal of induction into Army. At trial, DC rejected testimony of Rabbi, Catholic and Episcopal priests, Quaker, editor of ecumenical journal; convicted; 1 yr. and 1 day. Issues: (1) Is Act constitutional in requiring belief in Supreme Being; (2) Can Justice Dept. advise Selective
- 10 -

Service App. Bd. that belief in Supreme Being necessarily involves other specified beliefs. Appeal pending.

Robert T. Drake and George C. Pontikes, Esqs., Chicago.

Amicus appearance by Ill. Div., ACLU, 19 S. La Salle St., Chicago, by Seymour H. Bucholz, Esq.,

121.31. U.S. v. Peter. (CA 9.) Facts similar to Stolberg, 121.30. Def. believes in "reverence for life" or "mystery at the source of life". Appeal pending.

Richard R. Heath, Esq.

122. Through Refusal to Register
123. Through Civil Disobedience

123.26. Council v. Donovan, NYC Supt. of Schools. (Kings Co. Sup. Ct., #3496/1963.) Facts: VIII DOCKET 73. Oct. 11, 1963: Sup. Ct. held for Def.
123.27. McCaffrey v. N.Y.C. Bd. of Educ. (Kings Co. Super. Ct.)*
123.28. U.S. v. Dr. Evans. (DC Colo.) 1943-1962: Def.-Quaker refused to pay that part of his income tax corresponding to percent of natl. budget used for military expenditures; Internal Revenue Service subtracted missing amt. from Dr's. bank acct. 1963: IRS asked for full payment; Dr. refused to pay or produce financial records on ct. order. Contempt; convicted; 90 days.
130. Denial of Tax Exemption to Institutions (see also 202, 266)
140. Sunday Closing Laws

140.31. Sherbert v. Verner. (U.S.S.C.) Facts: VIII DOCKET 129. Cite: 374 U.S. 398.
150. Miscellaneous Restrictions
151. In Prisons
And see cases at 304.
151.4. Sewell v. Pegelow. (ED Va.)*
151.5. SaMarion (formerly Bratcher) v. McGinnis. (Attica State Prison.) (WD NY, Civ. ##9395, 9398, 9454, 9455, 9838.) Facts: VIII DOCKET 73. Oct. 14, 1963: DC held: state ct. should decide question of discrimination because based on interpretation of N.Y. Correction Law, §610; and Muslim faith is a religion, hence protected by First Amendment, and without spiritual guidance, inmates' interpretation of Muslim materials "engendered dangerous resentments"; judgment for Defs. re persecution, complaint dismissed as to other issues. Appeal pending.
151.6. Cooper v. Pate. (U.S.S.C.) 1952: Pet. sentenced to 2 100-yr. terms after tavern killing. 1963: Pet.-prisoner prevented from receiving Muslim literature, sued prison officials. DC held against Pet.; CA 7 affirmed. Petition for cert. pending.

Amicus appearance by Ill. Div., ACLU, 19 S. La Salle, Chicago, by Seymour H. Bucholz, Esq.

151.7. Williford v. California. (ND Calif.) (217 F. Supp. 245.) Pl.- Black Muslim prisoner sued to compel prison authorities to allow practice of Muslim religion. Mar. 6, 1963: DC denied petition, held no absolute right to practice religion.

Patrick Hallinan, Esq., 345 Franklin, San Francisco.

152. In Other Places

152.5. Dawud and Dakota Staton v. Muhammad and Muhammad's Temple of Islam. (ED Pa., #21,367.)*
FREEDOM OF ASSOCIATION: AFFECTING THE ORGANIZATION (200-239)
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.)*

And see 202.4a.

202.4a. Communist Party v. Commr. of Internal Revenue. (CA DC.)*
202.5. Re Revocation of Exemption of Fellowship of Reconciliation. (Int. Rev. Serv.)*
203. As to N.L.R.B. Certification (see also 245, 291)

203.3. U.S. v. R. Dennis. (CA 10.) Facts: VIII DOCKET 13, 74, 97. Aug. 1963: On retrial, 6 Defs. convicted, 1 acquitted. Appeal pending.
204. As to Continued Existence (see also 63, 213, 223)

204.1. NAACP v. Alabama ex rel. Flowers (formerly Alabama ex rel. Gallion v. NAACP). (U.S.S.C., #169.) Facts: VIII DOCKET 13-14, 74. Oct. 14, 1963: U.S.S.C. granted cert.
204.4. NAACP Legal Defense and Educ. Fund, Inc. v. Button. (ED Va., #2436.)*
204.4b. NAACP Legal Defense Fund v. Gray (formerly v. Button.) (Richmond Cir. Ct., #B-2879.)*
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). Facts: VIII DOCKET 14. June 28, 1963: Ct. dismissed motion to dismiss.
204.8. Bennett, Atty. Genl. v. NAACP Legal Defense and Educ. Fund. (Ark. Sup. Ct.)

and

204.9. Bennett, Atty. Genl. v. NAACP Legal Defense and Educ. Fund. (Ark. Sup. Ct.) Facts: VIII DOCKET 14, 129. Cite: 370 SW.2d 79.
210. Compulsory Registration
211. Under 1950 Internal Security (McCarran) Act

211.1a. Communist Party v. U.S. (CA DC, #17583.) Facts: VIII DOCKET 15, 74. Dec. 17, 1963: CA DC held: (1) officers of Pet. did not waive privilege against self-incrimination
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by assuming office; (2) they asserted privilege not to execute registration documents; (3) Party could not be convicted for their failure to do so; (4) Gov't failed to satisfy its burden of proving that some non-officer was available who was willing to execute and file the documents; reversed and remanded so Gov't. can ask new trial if prepared to prove (4), otherwise Pet. acquitted. Pet's. petition for rehearing pending.
211.1b-1c. U.S. v. Hall and Davis. (DC DC, Cr. ##228-62, 229-62.)*
211.1d-1m. Albertson and Proctor v. S.A.C.B. (CA DC.) Facts: VIII DOCKET 15, 74, 97. Oct. 28, 1963: CA argument.
211.1n-1t. Kennedy v. Taylor, Dobbs, Stanford, L. Libson, Gabow, A. Libson, Tormey. (S.A.C.B.)*
211.2. Jefferson School v. S.A.C.B. (CA DC, #12876.) Facts: VIII DOCKET 15. Dec. 17, 1963: CA DC (2-1) held this unincorporated association didn't sustain burden of proving its dissolution in 1956 (listing criteria, incl. establishment in 1960 of NYSchool of Marxist Studies); denied motion to dismiss; relied on U.S.S.C. decision in Communist Party case re constitutionality of registration sections; held that decision res judicata re Party being Communistaction organization; Pet not having contested on facts, affirmed registration order. Bazelon, C.J., diss.: We should recognize status of "quasi-mootness"; "To affirm the Bd's. order is to say the Jefferson School does exist as the [new] Marxist School. I do not see how we can make this finding when the Bd. could not. . . . If the Bd's. broad view is adopted, any organization or group of people which resembles a group earlier found to be a Communist-front or Communist-action organization may be required to register without the procedural safeguards of the Act. On the other hand, if . . . totally new hearings were required after periodic changes of name, this would make the Act practically meaningless."
211.3. Labor Youth League v. S.A.C.B. (CA DC.) (322 F.2d 364.) Facts: VIII DOCKET 15, 98. Correction: Apr. 25, 1963: CA DC held: (1) this unincorporated group dissolved (listing criteria); (2) therefore, registration order should not be finalized as "a vague gesture" and because of "the potential impact upon numbers of people without recourse"; remanded to S.A.C.B. to place in indefinitely inactive status.
211.4. Natl. Council of American-Soviet Friendship v. S.A.C.B. (CA DC.) (322 F.2d 375.) Facts: VIII DOCKET 15, 98. Addition: May 16, 1963: CA DC held: (1) the finder of facts (S.A.C.B.) should have annotated its initial report; not judicial function to read raw material and fit evidence in place; (2) question "is whether this Council was a Communist-front organization at the time of the inquiry by the Bd."; (3) under statute, "Communist-front organization is substantially directed . . . by a Communist-action organization; it does not say by members of a Communist-action organization", (which is the definition of "Communist-infiltrated organization", against which there are fewer sanctions); (4) "To presume that merely because a person was a Party member in the years of the [World] war [II] he continued to be a member after 1950, paying dues and subject to Party discipline, would be unrealistic, . . . and indeed unjust"; (5) no evidence here any directors of Pet. were Party "functionaries"; (6) Gov'ts. principal witness, Budenz, left Party in 1945; (7) "The rudimentary elements of justice deny that a person can be found formally and officially to be a member of the . . . Party merely upon the statement of one person that another person told him so"; (8) statute requires "preponderance of the proof", but here no connecting links in crucial period to prove Party domination. CA did not decide whether Pet. "primarily operated" to support Communist-action organization or constitutional questions, held U.S.S.C. finding in Communist Party case (211.1a) that Party is Communist-action organization is binding here. CA set aside S.A.C.B. order.
211.5. Patterson, as Liquidator of Civil Rights Congress v. S.A.C.B. (CA DC.) (322 F.2d 395.) Facts: VIII DOCKET 15. May 23, 1963: CA DC held this unincorporated organization, which purported to dissolve 3 yrs. after these proceedings began in 1953, failed to prove dissolution; denied motion to vacate S.A.C.B. order for mootness; gave Pet. 30 days to file in support of petition to review.
211.6. Washington Pension Union v. S.A.C.B. (CA DC.) (322 F.2d 398.) Facts: VIII DOCKET 15, 74, 130. Addition: June 6, 1963: CA DC held this non-profit benevolent corporation dissolved; dismissed petition for review for lack of a party-petitioner: "the application of this statute is to organizations named in the proceedings. . . . The sanctions apply to the members of that organization. The statute is not applied like a spray to all persons who hold certain ideas or who may become tainted by brushing against ideas or people."
211.8. California Labor School v. S.A.C.B. (CA DC.) (322 F.2d 393.) Facts: VIII DOCKET 16. May 23, 1963: CA DC held this corporation ceased functioning but took no formal steps to dissolve; denied motion to vacate S.A.C.B. order for mootness; gave Pet. 30 days to file brief on merits.
211.9. Am. Comm. for Protection of Foreign Born v. S.A.C.B. (CA DC, #15960.) Facts: VIII DOCKET 16. Dec. 17, 1963: CA DC (2-1), citing Gibson, 272.10, 372 U.S. 539 and Button, 204.4, 371 U.S. 415 found: (1) Pet's. exec. secy. and his ass't were Communist Party members, tho no finding they were active in its management; (2) Party took active part in organizing Pet.; (3) local Committees "were intermeshed with the natl. group"; (4) "To establish itself as the champion of the foreign-born and to imprint such an image of itself on the public mind would obviously be of major benefit to the Party. But the protection of the rights of the foreign-born is . . . a laudable objective. . ." . The statute "seeks the registration of any organization the purpose of which, under control of the Party, by any activity, laudable or otherwise, is to strengthen the power of the Communist Party in this country"; affirmed registration order. Bazelon, C.J., diss.: (1) "Congress did not say, and I think Congress did not mean, that a 'purpose of giving aid' to a Communist-action organization in promoting an innocent objective makes an organization which it controls a Communist-front organization"; (2) severity of penalties for membership in Communist-front organization likewise shows Congress didn't intend to include "innocent people merely because of membership in otherwise innocent
- 12 -

cent organizations that the Communist Party uses to advance an innocent aim"; (3) neither SACB nor CA says preponderance of evidence shows Comm. "primarily operated" to aid Party to advance illegal objectives; (4) "To treat the Party's control of the Comm., and the over-lapping of their memberships and objectives, as proving that the Comm. was primarily operated for the purpose of aiding the Party would ... make it unnecessary for the gov't. to prove anything more than control."
211.10. Kennedy v. California Emergency Defense Comm. (S.A.C.B.)*
211.12. Blau v. S.A.C.B. (CA DC.) (322 F.2d 397.) Facts: VIII DOCKET 16, 98. Correction: On remand to S.A.C.B., Pet., still under Smith Act indictment (241.8), declined to answer questions re dissolution of Colorado Comm. to Protect Civil Liberties under Fifth Amendment privilege. June 6, 1963: CA DC remanded to S.A.C.B. to place in indefinitely inactive status.
211.13. Veterans of the Abraham Lincoln Brigade v. S.A.C.B. (CA DC, #13174.) Facts: VIII DOCKET 16. Dec. 17, 1963: CA DC (2-1) said: (1) Queries "whether persons active in the management, direction or supervision of the Brigade in 1950 or thereafter were authorized to do so by the Party; and ... whether these persons were the dominant or key voices in the management of the Brigade"; (2) "Almost startling is the fact that so little of the evidence relates to 1950 or years thereafter"; evidence inconclusive; (3) Query: "When a person, or an organization, actively presses objectives which are objectives of the ... Party, does he or it do so as a matter of independent conviction, or does he do so by reason of substantial direction or control by the ... Party and for the purpose of giving aid and support to the Party ? This is a question of fact, the answer to which is to be derived from the record"; (4) "We think the Bd. was entitled to view these events in the context of, or through the coloration of the past". CA held Bd. justified in concluding Pet dominated by and operated to aid the Party; "We are conscious ... that this case is important both to the public and to the individuals who are involved .... All the findings are under vigorous attack. For these reasons we take an unusual step and invite a petition for reconsideration." Bazelon, C.J., diss.: "in my view the staleness of the record requires us to remand" to Bd. for supplementary findings; "The hearings were held in 1954 and much of the evidence dated back to the late 1930's and the early 1940's .... Our relations with the Soviet Union have shifted radically in the mean-time .... In the eight yrs. since [1954] ... there have been turbulent changes in world affairs."
211.14. Weinstock v. S.A.C.B. (CA DC, #13422.) Facts: VIII DOCKET 16. 1962: United May Day Comm., by Pet., agreed to rest case solely on constitutional questions raised by other petitioning organizations. Dec. 17, 1963: CA DC held registration section of statute constitutional as to Communist-front organizations, because of U.S.S.C. decision re constitutionality of registration section as to Communist-action organization; affirmed registration order.
211.15. Kennedy v. Advance. (S.A.C.B.)*
212. Under 1954 Communist Control Act

212.1. Kennedy v. Intl. Union of Mine, Mill & Smelter Workers. (CA DC, #17,135.)*
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.
223. By State Authorities (see also 24, 281)

223.3. Elfbrandt v. Russell, Arizona Gov. Fannin. (U.S.S.C.) (381 P.2d 554.) Facts: VIII DOCKET 17, 98. Petition for cert. pending.
FREEDOM OF ASSOCIATION: AFFECTING THE MEMBERS (240-294)
240. Criminal Penalties for Membership
241. Under Smith Act: for Conspiracy
242. Under Smith Act: for Mere Membership
243. Under 18 U.S.C. 2384
244. Under Kennedy-Landrum-Griffin Act (29 U.S.C. 504) (See also 203, 291)

244.1. U.S. v. Brown. (CA 9.) Facts: VIII DOCKET 17, 75. CA ordered reargument en banc.
245. Under State Laws (see also 54)

245.15. Indiana v. Levitt, Bingham, Morgan. (Monroe Co. Cir. Ct., #601.) Facts: VIII DOCKET 98, 130. Motions to quash argued; pending.

Leonard Boudin, Esq., 30 E. 42nd St., NYC, for Emergency Civil Liberties Comm.; Daniel T. Taylor, III, Esq., Louisville, Ky.

Louisiana

1958: La. criminal anarchy and anti-subversive acts held unconstitutional (La. v. Jenkins, 244.5, 107 So.2d 648) under Pa. v. Nelson, 130.1, 350 U.S. 497 (1956). 1960: La. enacted L.R.S. 14:388 (like McCarran Act registration secs.) and L.R.S. 14:390 (like Smith Act criminal penalty for membership secs.)

Oct. 4, 1963: La. state and Baton Rouge city police, at behest of La. Legis. Comm. on UnAmerican Activities, raided offices of Southern Conference Educational Fund and homes of director Dombrowski, attorneys Smith and Waltzer, seized SCEF records, arrested the 3 for violation of 1960 statutes; Defs. released on bond. Oct. 5: U.S. Sen Subcomm. on Internal Security (Sen. Eastland, ch.) subpoenaed SCEF records from La state police. Litigation ensued:

245.16. Louisiana v. Dombrowski. (Baton Rouge Crim. Dist. Ct.) Oct. 25, 1963: Ct. dismissed conspiracy charges against Defs for lack of evidence, held warrants issued without probable cause. Nov. 14: Ct. charged grand jury to investigate possible violations of 1960 Acts, subpoenaed Pfister, ch., La. Legis. Comm., requesting SCEF documents in Comm's. hands to be submitted to grand jury. Nov. 20: grand jury convened.
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245.16a. Dombrowski v. La. State Police. (SD La.) Oct. 26, 1963: Pl. sued for temporary and permanent injunctive relief against removal of SCEF records from Baton Rouge. Oct. 28: At hearing, Def. testified SCEF records transferred to Woodville, Miss. at Sen. Eastland's direction earlier that day; Ct. denied Pl's. motion, held question moot. Oct. 28-31: Some SCEF records moved to Washington, D.C. Nov. 1: Pls'. notice of appeal filed in CA 5.
245.16b. SCEF v. Eastland. (DC DC.) Oct. 31, 1963: Pls. sued Def.-Sen. and 2 New Orleans policemen for injunction against use of SCEF documents, for their return, and for $500,000. damages for false arrest, illegal seizure of records, and conspiracy. Censure motion against Sen. Eastland being considered by some Senators.
245.16c. SCEF v. Louisiana Officials. (SD La.) Oct. 28, 1963: Pls. filed suit similar to 245.16b for injunction and $750,000. damages.
245.16d. SCEF v. Joint Legislative Comm. on UnAmerican Activities. (SD La.) Nov. 12, 1963: Pls. sued for injunction against city and state officials, grand jurors and Def.-Comm. using SCEF records and for declaratory judgment (under 28 U.S.C. §§2201, 2202, 2281) that La. statutes unconstitutional. Nov. 18: 1 of 3-judge panel enjoined state and city officials from "taking any prosecutive action" against 3 Defs. and from presenting evidence to grand jury in 245.16 re possible violation of La. statutes. Pending.
246. Under 1950 Internal Security (McCarran) Act

246.1. U.S. v. Robels. (WD Wash. N. Div., #50,676.) Facts: VIII DOCKET 99, 130. Jan. 1964: DC vacated trial date, will hold in abeyance motion to dismiss, pending decisions in Brown, 244.1, Flynn, 252.33, and Aptheker, 252.34.
250. Civil Disabilities for Membership: Federal
251. In Federal Employment (see also 30, 268)

251.15. Dew v. Halaby. (U.S.S.C.)*
251.52. Garrott v. U.S. (U.S. Ct. of Claims, #19-63.)*

See cases at 30.5, 30.6.

251.53. In re Loletta Leary. (U.S. Civ. Serv. Comm.)*
252. As to Passport Applications and Right to Travel

252.27a. Worthy v. U.S. (CA 5, #20062.)*
252.33. Elizabeth Gurley Flynn v. Secty. of State Rusk. (U.S.S.C.) Facts: VIII DOCKET 75, 99, 130. Dec. 2, 1963: U.S.S.C. noted probable jurisdiction. To be argued with Aptheker, 252.34.
252.34. Aptheker v. Secy. of State Rusk. (U.S.S.C.) Facts: VIII DOCKET 75, 99, 130. To be argued with Flynn, 252.33.
252.35. Zemel v. Rusk and Kennedy. (DC Conn., #9549.)*
252.36. MacEwan v. Rusk and Kennedy. (ED Pa., #33038.) Facts: VIII DOCKET 75. Dec. 3, 1963: Cross-motions for summary judgment argued. Decision awaited.
252.54. U.S. v. Steadman, Bonello, Zahn. (CA 9.)*
252.55. Copeland v. Secy. of State Rusk. (DC DC.)*
252.56. Mayer v. Secy. of State Rusk. (DC DC, #1034-63 Civ.) Facts: VIII DOCKET 99. Dec. 3, 1963: DC granted Gov'ts. motion for summary judgment; dismissed complaint.
252.58. U.S. v. Travis. (SD Calif., #32380-1R.) 1963: Def. indicted for violation of 8 U.S.C. §1185(h) after using passport on trip to Cuba. Trial date: Feb. 25, 1964.

John McTernan, Esq., 3175 W. 6th St., and A. L. Wirin, Esq., 257 S. Spring St., both of Los Angeles.

252.59. U.S. v. Laub. (ED NY, 62-Cr.-635.) Sept. 25, 1963: 4 student-Defs. indicted under 8 U.S.C. §1185(b), 8 CFR 53.1-53.4 for traveling to Cuba with 57 youths without securing State Dept. approval. Issues: (1) constitutionality of geographic limitations on travel by U.S. citizens; (2) power of Secy. of State to create geographic limitations. Defs. released on bail, at first restricted to ED NY, restriction lifted later. Feb. 3, 1964: Motions filed.

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

252.60. U.S. v. Druckman. (ND Calif.) Mar. 28, 1963: Def. applied for passport; no response. Oct. 30, 1963: Def. indicted under 50 U.S.C. §785(a)(1) (McCarran Internal Security Act) for applying for passport while a member of an organization ordered to register as "Communist-action" group by S.A.C.B. (see 211.1a), and under 18 U.S.C. 1542 for false statement on passport. Released on $1,000 bail. Pending.

George Andersen, Esq., 240 Montgomery St., San Francisco.

253. As to Army Discharges (see also 341)
254. As to Veterans Disability Payments

254.2. Thompson v. Gleason. (Veterans Affairs Adm.)*
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., Fed'l. Aviation Agency v. Susemihl. (Fedl. Aviation Agency.)*
258. Through Deportation Proceedings (see also 358)

258.7. In re Wolf. (Imm. Serv.) Facts: VIII DOCKET 18, 19, 131. Administrative hearing in progress.
258.9. Gastelum-Quinones v. Kennedy. (U.S.S.C.) Facts: VIII DOCKET 18, 131. Cite: 374 U.S. 469.
259. Through Denaturalization and Naturalization Proceedings (see also 358)
260. Civil Disabilities for Membership: State, Local and Private
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261. In State or Local Government Employment

261.1. Wilkins v. Carlander, et al. (Super. Ct. Kings Co., #490844.)*
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.) Facts: VIII DOCKET 19. Spring 1963: After trial, ct. directed verdict for Defs.
262.9. Bd. of Trustees, Fullerton Jr. College v. Phillips. (Dist. Ct. of App. #4 Civ. 7194.)*
263. As to State Unemployment Insurance Benefits (see also 255, 346)

263.5. Lewis v. Bennett. (CA 4, #9083.)*
264. As to State License Applications
265. In Proceedings Against Attorneys and Bar Applicants (see also 345, 373)

265.28. Willner v. Comm. on Character and Fitness. (U.S.S.C.) Facts: VIII DOCKET 19, 131. Cite: 373 U.S. 96.
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)
And see Robels, 246.1.
268.1a. Graham v. Richmond. (CA DC.)*
268.7. Kreznar v. Wilson (DC DC.)*
268.18. Margolin v. U.S. (U.S. Ct. of Claims.)*
269. In Private Employment — Other

269.1. Faulk v. AWARE. (N.Y. Ct. of App.) Facts: VIII DOCKET 100. Nov. 26, 1963: App. Div. aff'd.; ordered remittitur of damages to $400,000. compensatory, $150,000. punitive, or new trial. Dec. 5, 1963: Pl. accepted remittitur. Defs. appeal to Ct. of App. pending.
270. Criminal Penalties for Non-disclosure (see also 330)
271. Before Congressional Committees (see also 222, 330)

271.9. U.S. v. Russell. (DC DC.)*
271.12. U.S. v. Gojack. (DC DC.)*
271.15. U.S. v. Shelton. (CA DC.)*
271.16. U.S. v. Whitman. (DC DC.) Facts: VIII DOCKET 20. Oct. 29, 1963: Def. convicted on retrial; 10 days' probation because case pending 8 yrs.
271.19. U.S. v. Price. (DC DC.) Facts: VIII DOCKET 21. Dec. 11, 1963: Def. convicted on retrial, placed on probation. Appeal pending.
271.20. U.S. v. Liveright. (DC DC.) Facts: VIII DOCKET 21, 131. Nov. 11, 1963: Def. convicted on retrial; 10 days probation. Appeal pending.
271.28. U.S. v. Grumman. (DC DC.)*
271.29. U.S. v. Silber. (DC DC.)*
271.33. Yellin v. U.S. (U.S.S.C.) Facts: VIII DOCKET 21, 131-2. Cite: 374 U.S. 109.
271.34. U.S. v. Lehrer. (ND Ind.)*
271.35. U.S. v. Malis (ND Ind.) Facts: VIII DOCKET 21. 1963: Dismissed on motion of Gov't. in light of Yellin, 271.33.
271.36. U.S. v. Samter. (ND Ind.) Facts: VIII DOCKET 21. Outcome same as Malis, 271.35.
271.40. U.S. v. O'Connor. (ND N.J.)*
272. Before State Committees (see also 204, 213, 332)

272.4a. In Matter of Investigation by Comm. on Offenses Against Administration of Justice. (Va. Sup. Ct. of App.)*
272.12. Jordan v. Hutcheson. (CA 4.) Facts: VIII DOCKET 22, 76. Sept. 17, 1963: CA remanded in light of NAACP v. Button, 204.4a; held: (1) complaint states cause of action under 42 U.S.C. §1983; (2) past conduct of Def.-Comm. is subject to DC's scrutiny and may form basis for relief. DC granted Pls.' motion to dismiss.
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. Bullitt. (U. of Washington.) (U.S.S.C., #220.) (215 F. Supp. 439.) Facts: VIII DOCKET 22, 100. Oct. 14, 1963: U.S.S.C. noted probable jurisdiction.
281.5b. Re Nash. (Albany Co. Super. Ct.) Facts: VIII DOCKET 22, 132. Petition to review decision of Comm. of Educ. pending.
281.16. Macks v. Calif. Bd. of Educ. (Dist. Ct. of App.)*
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. (U.S.S.C.) Facts: VIII DOCKET 23, 76. CA 9 affirmed. Def's. petition for cert. pending.
293. In Miscellaneous Cases

293.3. Los Angeles Bd. of Educ. v. Sloat. (Los Angeles Super. Ct., #794678.)*
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295. Right of Privacy

295.4. Hall v. Graybill. (Los Angeles Co. Super. Ct.)*

Comment: Normative-descriptive confusion in the defense of newsworthiness. 30 Chicago U. 722-34.

Casenote: Demonstrative publications: Santiesteban v. Goodyear Rubber & Tire Co. (306 F.2d 9, CA 5, 1962) 49 Iowa U. 208-16.

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

300. Searches and Seizures
Casenote: Search, seizure, and obscenity: Confusion in the test for probable cause: U.S. v. Peisner (311 F.2d 94, CA 4, 1962) 24 Ohio State 562-66.
301. By Wiretapping
Casenote: Right of privacy challenges operating policy of telephone company: LaCrone v. Ohio Bell Telephone Co. (114 Ohio App. 299, 182 N.E.2d 15, 1961) 32 Cincinnati 403-408.
301.16. Washington v. Cory. (Wash. Sup. Ct.) Facts: VIII DOCKET 24, 132. Cite: 382 P.2d 1019.
301.20. U.S. v. Sen. Harris. (ED La., Baton Rouge Div., ##1422-1424.)*
302. In Other Federal Criminal Cases

302.22. U.S. v. Wallace (CA 5.)*
303. In Other State Criminal Cases
Symposium: Gene Williams, Trends of search and seizure in Florida. 16 Florida U. 163.

Case note: New limitations on Calif. doctrine of consent to search: Tompkins v. Super. Ct. (378 P.2d 113) 51 Calif. U. 1010.

Comment: Interference with the right to free movement: Stopping and search of vehicles. 51 Calif. U. 907.


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

Case notes: Mapp: Prospective or retrospective: Hall v. State (368 U.S. 867, 1961) 47 Marquette 121-25.

Retroactive effect: State application of federal search and seizure standards: Hurst v. California (211 F. Supp. 387, 1962) 58 Northwestern U. 119-30.

Illegally obtained evidence inadmissible in civil suit after Mapp: Peters v. Rosetti (31 L.W. 2396, NYC Civ. Ct., 1963) 23 Maryland U. 271.

303.28. Massachusetts v. Dorius. (Mass. Sup. Jud. Ct.) Facts: VIII DOCKET 77, 133. Cite: 191 N.E.2d 781.
303.42. Ker v. California (U.S.S.C.) Facts: VIII DOCKET 25, 133. Cite. 374 U.S. 23.
303.43. New York v. Randazzo. (NY Sup. Ct., 1st Jud. Dist.)*
304. Suits for False Arrest, Police Brutality (see also 580 and 151)

304.1. Prof. Genovese v. N.Y.C. (N.Y. Co. Sup. Ct.)*
304.2. Hallowell v. N.Y.C. (NYC Comptroller, #155363.)*
304.3. Massey v. NYC Police Commr. (Queens Co. Ct.)*
304.4. Jackson v. City of New York. (NYC Comptroller.)*
304.5. Richichi v. Bielski. (Ill. Ct. of App.)*
304.6. Monroe v. Pape and City of Chicago. (ND Ill., E. Div., #596329.) Facts: VIII DOCKET 26, 77. Addition: Dec. 1962: After jury trial, a series of verdicts for adult Pls., totaling $13,000.; Pl.-children recovered nothing. DC reduced award to $11,000. Def.-City paid. Case closed.
304.7. Swanson v. McGuire, et al. (ND Ill., #57-C-1164.)*
304.8. Duble v. Brown and Chicago. (Cook Co. Super. Ct., #60 S 19040.)*
304.8a. Duble v. Brown and Chicago. (ND Ill., E. Div., 61 C 1404.)*
304.9. Cedeno, et al v. Lichenstein. (ND Ill., #58-C-1712.) Facts: VIII DOCKET 26. 1963: Case settled before trial; Pls. received $13,000. damages.
304.10. Gonzales v. Genl. Investigators Inc. (ND Ill., #60 C 1806.)*
304.11. Dean v. Smith and Chicago. (Cook Co. Cir. Ct., #58 C 12494.)*
304.12. Cunningham v. Stried and Rygiel. (Lake Co. Cir. Ct.)*
304.13. Wirin v. Hilden. (SD Calif.)*
304.14. Goldberger v. Lewis. (San Francisco Super. Ct.)*
304.16. Lucero v. Donovan, Carnover. (SD Calif.)*
304.17. Rev. Morris v. Capt. Ray. (CA 5.)*
304.18. Rev. Jones v. Teasley. (CA 5.)*
304.19. Nesmith v. Alford. (MD Ala.)*
304.20. Horn v. Baillie, Greenwood and U.S. Fid. & Guar. Co. (CA 9, #5319.)*
304.21. Ware v. Johnson. (MD Ga., Albany Div., #749.)*

And see Anderson, 55.67, Rabinowitz, 55.68.

304.22. Brazier v. Cherry. (MD Ga., Americus Div., #475.)*
304.24. Harkins and Frankfort v. NYC. (Brooklyn Sup. Ct.)*
304.25. California v. Imbler; In re Imbler. (Calif. Sup. Ct., ##6699, 7212 Cr.) Facts: VIII DOCKET 77. 1963: After hearing by referee, Ct. denied petition for habeas corpus. Petition for rehearing filed. Pending.
304.26. Green v. Azzam. (ED Mich., E. Div., #23224.) Facts: VIII DOCKET 102. 1963: Case settled for $21,000. damages, dismissed.
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304.27. Duzynski v. Nosal. (U.S.S.C.) Facts: VIII DOCKET 102. Nov. 1963: CA affirmed dismissal by DC, finding immunity for physicians. Petition for cert. pending.
304.28. Thomas v. McCain. (WD Va., #591.)*

Len W. Holt, Esq., Box 818, Danville, Va.

304.30. Williams v. Clinton. (WD Wash., N. Div., #5997-Civ.) Facts: VIII DOCKET 133. Trial date: May 26, 1964.
304.31. Pritchard v. Downie (formerly v. Smith.) (Little Rock.) (ED Ark., W.Div.) (6 RRLR 455, 7 RRLR 449, 309 F.2d 634, 216 F. Supp. 621, 8 RRLR 389) 1959: Pls. marched in pro-segregation parade; arrested: disturbing the peace. Pls. filed suit under 42 U.S.C. 1983. 1960: DC dismissed because police chief died. 1961: CA 8 reversed, reinstated complaint. March 1962: After trial without jury, judgment for Def.; DC held: (1) no right to counsel before photographing and fingerprinting; (2) arrests lawful due to Pls'. participation in riotous assembly; (3) no federal right violated by taking minors to city jail; (4) actions by individual officers not chargeable to chief of police or his executor.
304.32. U.S. v. Patridge. (Winona, Miss.) (SD Miss., Jackson Div.) Sept. 9, 1963: U.S. filed information against Def.-Sheriff, Police Chief, 3 policemen, under 43 U.S.C. §1983; charges: conspiracy to beat 5 Negro prisoners (see 63.15) and force them to sign statements, 6 beatings. Pending.
310. Indictment
311. Challenge to Composition of Grand Jury (see also 510s)
312. Attacks on Character of Evidence
Case notes: Coram nobis issued when negligent testimony unknowingly used by prosecution: New York v. Robertson (12 N.Y.2d 355, 360, 190 N.E.2d 19, 21-22, 239 N.Y.S.2d 673, 677, 1963) 32 Fordham 163-67.

Probable causes for arrest without warrant: Wong Sun v. U.S. (288 F.2d 366, CA 9, 1961) 51 Calif. U. 637-43.


312.33. U.S. ex rel. Butler v. Maroney. (CA 3, #14016.) June 25, 1963: CA granted habeas corpus on petition of Def. under death sentence in murder case on grounds of suppression of evidence and error in admitting prejudicial evidence as to penalty. Pending.

Marjorie H. Matson, Esq., 1706 Law & Finance Bldg., and David Rothman, Esq., Berger Bldg., both Pittsburgh, Pa.

313. Charge of Entrapment
314. Charge of Conspiracy
See Gibson, 59.31.
315. Inspection of Pre-Trial Statements of Government Witnesses
(Including Jencks point, 353 U.S. 357, and Jencks Act, 18 USC 3500.)

Law review article: Albert J. Datz, Discovery in criminal procedure. 16 Florida U. 163.

Case note: Prosecution entitled to discover documents and names of witnesses to be relied upon by accused in support of his affirmative defense: Jones v. Superior Court (372 P.2d 919, Calif. Sup. Ct., 1962) 10 U.C.L.A. 937-942.

316. Inspection of Grand Jury Minutes
320. Double Jeopardy
Law review articles:

Jay A. Sigler, A history of double jeopardy. 7 A.J.L.H. 283-309.

George C. Pontikes, Dual sovereignty and double jeopardy: A critique of Bartkus v. Illinois and Abbate v. U.S. 14 W. Reserve 700-23.

Case note: Identical witnesses appearing before same jurors at separate trials involving similar offenses: Casias v. U.S. (315 F.2d 614, CA 10, 1963) 37 Temple 32-34.

321. In Federal Cases
322. In State Cases

322.7. New York v. Martinis. (N.Y. Sup. Ct., App. Div.) Oct. 1963: Def. moved to dismiss indictment for vehicular homicide; contends reckless driving an essential element and Def. acquitted of reckless driving; proof should be barred because amounts to double jeopardy. Pending.
330. Self-incrimination: Criminal Sanctions for Exercising Privilege (see also 270)
331. Before Congressional Committees
332. Before State Committees
333. Before Grand Juries and Tribunals
334. Grants of Immunity: Federal
Comment: The federal witness immunity acts in theory and practice: Treading the constitutional tightrope. 72 Yale 1568-1612.
335. Grants of Immunity: State
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 24, 262, 267, 281)

342.4a. Mass v. San Francisco Bd. of Educ. (Calif. Dist. Ct. of App., 1st Dist., Div. 3, #21,330.)*
343. Effect on Employment — Other Public Officers (see also 261)
Law review article: Mark R. Joelson, Legal problems in the dismissal of civil servants in U.S., Britain, and France. 12 Am. J. of Comparative Law 194-205.
344. Effect on Employment — Private (see also 30, 268, 269)
- 17 -

345. Effect on Attorneys (see also 265, 373)
346. Effect on Unemployment Insurance and Social Security (see also 263)
And see Heikkila, 358.51.
346.8. Re Robert Ekins (Conn. Unemployment Comp. Comm'r.) 1962: Pet. fired by private employer for refusal to answer written questions re Communist affiliations: denied unemployment benefits. Sept. 1963: Comm. reversed ruling, held question "a frivolous one that he was not obligated to answer."
350. Due Process
Law review article: William J. Brennan, Jr., The criminal prosecution: Sporting event or quest for truth. 1963 Washington U. 279-98.
351. In Arraignment (Delay)

351.4. McNear v. Rhay, Supt., Wash. Penitentiary. (Wash. Sup. Ct., #36981.) Pet. convicted, seeks writ of habeas corpus because (1) detained 48 hours before being booked when arrested without warrant; (2) confession obtained during detention period admitted in trial; (3) consent to search not freely given. Pending.

Philip L. Burton, Esq., 917 Logan Bldg., Seattle.

352. In Grand Jury Procedures (see also 311, 316)

352.2. Re Roland E. Thompson. (CA 2.) Facts: VIII DOCKET 134. Cite: 319 F.2d 665.
353. In Obtaining Confessions
Law review articles: Yale Kamisar, What is an "involuntary" confession: some comments on Inbau and Reid's Criminal Interrogation and Confessions. 17 Rutgers 728-59.

Lester B. Orfield, Confession of Federal criminal defendants. 16 Florida U. 219.

Case notes: Admissibility of confessions obtained subsequent to unlawful arrest: Prescoe v. Maryland (191 A.2d 226, 1963) 37 Temple 85-88.

New law on inadmissibility of confession made in absence of counsel held not to apply retroactively: New York v. Howard (187 N.E.2d 113, 1962) 9 N.Y. Law Forum 254-56.

Reaffirming confession obtained following illegal detention inadmissable: Killough v. U.S. (315 F.2d 241, CA DC, 1962) 1963 Wisconsin U. 674-88.


353.19. Missouri v. Cookson. (Mo. Sup. Ct. #49,202.) (361 SW.2d 683.) Facts: VIII DOCKET 29. 1963: Mo. Sup. Ct. reversed conviction.
353.21. Ralph v. Pepersack, Warden. (CA 4.)*
353.22. Davis v. North Carolina. (ED N. C., Raleigh Div., #1302.)*
353.23. Colman v. Denno. (SD NY.)*
353.24. Haynes v. Washington. (U.S.S.C.) Facts: VIII DOCKET 135. Cite: 373 U.S. 503.

Case note: 47 Marquette 284-89.

354. In Press Releases and Newspaper Coverage
Comment: A changing view toward trial by newspaper. 16 Oklahoma 337-50.
354.3. Rideau v. Louisiana. (U.S.S.C.) Facts: VIII DOCKET 135. Cite: 373 U.S. 723.
355. In Admitting Perjured Testimony (see also 312)

355.4. Sobell v. U.S.
355.11. U.S. ex rel. Miller v. Pate. (ND Ill., E. Div., #63 C 1496.) Pet., under death sentence for murder, seeks habeas corpus on ground that prosecution obtained conviction although allegedly aware of facts inconsistent with guilt of accused. Pending.

Willard Lassers, Esq., 11 S. La Salle St., Chicago, Ill.

356. In Courts Martial (see also 390)
357. In Naturalization Proceedings (see also 259)
358. In Expatriation, Denaturalization and Deportation Proceedings (see also 258, 259)
Comment: Resident aliens and due process: Anatomy of a deportation. 8 Villanova 566-628.
358.20. Re Albert Gallo. (Imm. & Nat. Serv., Spec. Inquiry Officer.)*
358.22. Woo Tai King v. Holton, Dist. Dir. (ND Cal., S. Div.)*
358.23. Schneider v. Rusk. (U.S.S.C., #368.) (218 F. Supp. 302.) Facts: VIII DOCKET 31, 79, 104. Oct. 28, 1963: U.S.S.C. noted probable juris. Pending.
358.24. Ting v. Immigration Service. (Imm. & Nat. Serv.) Facts: VIII DOCKET 79. Pending before Imm. Service.
358.51. Heikkila v. Celebrezze. (ND Cal., S. Div.)*
358.59. U.S. ex. rel. Marks v. Esperdy. (U.S.S.C., #253.) (315 F.2d 673.) Facts: VIII DOCKET 31, 104. Oct. 14, 1963: U.S.S.C. granted cert. Pending.
358.60. Marcello v. Kennedy. (U.S.S.C.) Facts: VIII DOCKET 31, 79, 104, 135. Cite for cert. denied: 373 U.S. 933.
359. In Loyalty Hearings (see also 251 and 268)

359.2. Scott v. Macy. (DC DC, #1050-63 Civ.)*
360. Speedy and Public Trial
370. Right to Counsel
Law review articles: William M. Beaney, The right to counsel: Past, present, and future. 49 Virginia U. 1150-59.

Daniel J. Meador, Lawyers and legal education in the south. 30 Tennessee U. 536-541.

Comments: Right to aid in addition to counsel for indigent criminal defendants. 47 Minnesota U. 1054-78.

The indigent defendant in state criminal proceeding: Betts v. Brady is interred. 38 Indiana U. 623-48.

371. In Federal Cases

371.5. Jamison v. Chappell. (U.S.S.C.)*
- 18 -

372. In State Cases
Comment: The right to counsel for indigents in state criminal trials. 23 Maryland U. 332-53.
372.1a. Florida v. Gideon. (formerly Gideon v. Wainwright.) (Bay Co. Ct.) Facts: VIII DOCKET 32, 79, 105. Aug. 1963: On remand Def., with Ct.-appt'd counsel, acquitted in jury trial.
372.20. Pennsylvania ex rel. Simon v. Maroney. (U.S.S.C., #41 Misc.)*
372.21. New York v. Coe. (Oneida Co. Ct., #113608.)*

And see cases at 452.

372.23. Hazel v. Pepersack, Warden. (MD., #13781; Balt. City Sup. Bench.)*
372.24. New York v. Mawbey. (App. Div., 3rd Dept.) Facts: VIII DOCKET 80. Co. Ct. denied coram nobis. Appeal pending.
372.25. Smith v. Mississippi. (U.S.S.C., #374 Misc.)*
372.26. Simon v. Maroney. (U.S.S.C.)*
372.27. Walton v. Arkansas. (Ark. Sup. Ct.)*
372.28. White v. Maryland. (U.S.S.C.) Facts: VIII DOCKET 136. Cite: 373 U.S. 59.

Case note: 30 Tennessee U. 648-54.

372.29. New Jersey v. Reddick. (N.J. Super Ct., App. Div.) (184 A.2d 652.) 1963: Def. convicted of robbery. On appeal, Ct. held that: impact of comments of defense counsel, in trying to emphasize that Def. was "mugger" of women, not a tavern robber, required new trial.

Solomon Golat, Esq., 786 Broad St., Newark, assigned counsel on appeal.

373. Indirect Restrictions (see also 265, 345)
See 245.16a re Smith and Waltzer.

See Tobias Simon, 42.16.

Comment: The south's amended barratry laws: An attempt to end group pressure through the courts. 72 Yale 1613-45.

Case note: Compensation of attorney appointed to defend indigent: Conway v. Sauk Co. (120 N.W.2d 671, Wis. 1963) 47 Marquette 103-106.


373.13. U.S. v. Taylor. (CA 4.)*
374. Opportunity for Appellate Review

374.20. Norvell v. Illinois. (U.S.S.C.) Facts: VIII DOCKET 136. Cite: 373 U.S. 420.
380. Confrontation
381. In Criminal Cases

381.4. California v. Davenport. (Cal. Sup. Ct.)*
382. In Civil Cases
390. Jury Trials (see also 356, 510)
400. Excessive Bail; Parole Conditions
Law review article: John P. Sullivan, Proposed Rule 46 and the right to bail. 31 George Washington 919-37.
401. Amount of Bail

401.4. Fernandez v. U.S. (CA 9.)*
401.5. Lambert v. Florida. (Fla. Dist. Ct. of App.)*
401.6. Minnesota v. Mastrian. (Minn. Sup. Ct.) Facts: VIII DOCKET 136. Dec. 9, 1963: U.S.S.C. denied cert.
402. Conditions Imposed

402.6. U.S. v. Dumeur. (DC N.Y.)*
403. Denial of Bail
410. Cruel and Unusual Punishment
411. In Criminal Cases
Comment: Criminal's loss of civil rights. 16 U. Florida 328-41.

Case note: Commitment of drug addict to rehabilitation center does not constitute cruel and unusual punishment: In re De La O (378 P.2d 793, Calif. 1963) 23 Maryland U. 370-371.


411.11. Winston v. U.S. (ED N.Y.)*
411.13. Cobb v. Georgia. (Ga. Sup. Ct.)*
411.19. Fleishour v. U.S., Fedl. Bureau of Prisons, Assoc. Warden, Stringfellow. (ND Ill., E. Div., #62-C-2270.)*
411.20. Delaware v. Cannon. (U.S.S.C.)*
411.21. Virginia v. Wansley. (Va. Sup. Ct. of App.)*
411.22. Delaware v. Balser. (Dela. Sup. Ct.)*
411.23. New York v. La Fountain. (N.Y. Sup. Ct., App. Div., 3rd Dept.) May 1963: Def.-Welfare recipients indicted under social welfare Law §145 for doing "wilful act designed to interfere with proper administration of public assistance." Defs. refused to cut brush in work relief project. Aug. 8, 1963: In Co. Ct., Defs. found guilty. Issues on appeal: (1) denial of due process, (2) conviction violates 13th admendment and federal anti-peonage law (18 U.S.C. 1581). Pending.

Melvin L. Wulf, David Ellhorn, Esqs. ACLU, 156 5th Ave., NYC.

412. In Extradition Cases
Law review article: Henry P. de Vries, and José Rodríguez Novás, Latin-American law and practice of extradition. 5 Inter-American 61-89.

See Mallory, 59.22.

413. In Civil Cases
430. Due Process for Juvenile Offenders (see 56)
440. Due Process for Incompetent Defendants

440.1. New York v. Codarre. (N.Y. App. Div. 2d Dept.)*
- 19 -

450. Post-Conviction Remedies
Law review article: D. M. Gordon, The unruly writ of habeas corpus. 26 Modern Law Review 520-29.
451. In State Courts in State Cases
452. In Federal Courts in State Cases

452.6. Townsend v. Sain. (ND Ill., E. Div.)*
453. In Federal Cases
Law review article: Clark Byse, Suing the "wrong" defendant in judicial review of federal administrative action: Proposals for reform. 77 Harvard 40-60.
460. Sentencing and Clemency Procedures
461. Sentencing Process
Law review article: Theodore Sager Meth, Sentencing the recidivist—an ethical dilemma. 51 Kentucky U. 711-19.

Case note: Pre-sentencing investigation: Ware v. Indiana (189 N.E.2d 704, 1963) 37 Temple 88-92.


461.2. Wood v. Denna. (CA 2.)*
461.3. Rudolph v. Alabama. (U.S.S.C., #308.) (152. So.2d. 662.) Facts: VIII DOCKET 137. Oct. 21, 1963: U.S.S.C. denied cert. Goldberg, Douglas, Brennan, JJ. dissent.
462. Applications for Probation
463. Applications for Parole
464. Applications for Pardons or Executive Clemency
465. Applications for Expungement or Certificates of Rehabilitation
490. Miscellaneous Due Process

490.4a. Pauling v. McNamara, U.S. Secy. of Def. (CA DC.)*
490.6d. Connecticut v. Griswold and Buxton. (Conn. Sup. Ct.)*
490.22. Sills v. Gotthilf. (U.S.S.C., #50.) Facts: VIII DOCKET 36, 83, 107. Nov. 18, 1962: U.S.S.C. dismissed petition for cert. as improvidently granted, on ground Pet. had not exhausted state court remedies. Pending.
490.23. U.S. v. Cook. (ED S.C. #23, 705.) Oct. 30, 1963: Def. charged with holding Negro employee in slavery and peonage in violation of Thirteenth Amendment. Def. pleaded not guilty. Pending.
490.24. New York v. Def. (N.Y. Sup Ct., App. Div.) 1963: Def. convicted of impairing morals of minor by 3-judge ct. (2-1). Question on appeal: Does split verdict in criminal case amount to reasonable doubt ? Pending.
III. EQUAL PROTECTION (FOURTEENTH AMENDMENT) (500-599)

Symposium: 100th anniversary of Emancipation Proclamation. 23 Law in Transition 95-165: Irving Dilliard, The Emancipation Proclamation in the perspective of time; Berl I. Bernhard, Role of the U.S. Commission on Civil Rights; George Lewis II, Florida advisory committee: Armless arm of the law; Ben Margolis, Judicial enforcement of Sec. 2 of the Fourteenth Amendment.

Symposium: Emancipation Proclamation Centennial. 9 Wayne 401-512: Charles W. Quick and Donald B. King, A primer of legal progress; Paul Hartman, The right to equal educational opportunities as a personal and present right; Marion A. Wright, The sit-in movement: Progress report and prognosis; Ann Fagan Ginger, Litigation as a form of political action; Theodore Leskes, The civil rights story: A year's review.

Law review articles: Wilson G. Stapleton, One century after the Emancipation Proclamation. 12 Cleve.-Marshall 566-72.

Louis Lusky, Racial discrimination and the federal law: A problem in nullification. 63 Columbia 1163-91.

Gov. Ross Barnett, A southerner's view of fedl. antidiscrimination legislation. 36 S. Calif. 596-602.

500. Elections
501. Racial Discrimination

501.Ala.6. U.S. v. Penton, Registrars. (Montgomery Co.) (MD Ala., #1741-N.)*
501.Ala.9. U.S. v. Mayton and Alabama. (Perry Co.) (CA 5.)*
501.Ala.10. U.S. v. Bd. of Registrars, Jefferson Co. (ND Ala., S. Div., #CA64-367.)*
501.Ga.2. U.S. v. Raines. (Terrell Co.) (MD Ga., Americus, #442.)*
501.Ga.2a. U.S. v. Matthews and Chapell. (Terrell and Sumter Cos.) (MD Ga. Americus Div., #516.)*
501.La.1b. U.S. v. Citizens Council, Lucky and Louisiana. (Ouachita Parish.) (WD La.)*
501.La.2. U.S. v. McElveen (formerly v. Thomas.) (Bogalusa.) (ED La., #9146.) Facts: VIII DOCKET 37. Appeal pending.
501.La.6a. U.S. v. Manning. (E. Carroll Parish.) (WD La., Monroe, Shreveport Div., #8257.)*
501.La.7. Anderson v. Martin. (U.S.S.C., #51.)*
501.La.8. U.S. v. Fox and Louisiana. (Plaquemines Parish.) (ED La., #11625.)*
501.La.9. U.S. v. Registrar, and Louisiana. (Madison Parish.) (WD La.)*
501.La.10. U.S. v. Wilder, Registrar, and Louisiana. (Jackson Parish.) (WD La.)*
501.La.11. U.S. v. Louisiana. (ED La., Baton Rouge Div., #2548.) Facts: VIII DOCKET 38. Nov. 27, 1963: 3-judge ct. held for Pl. Appeal pending.
501.La.12. Carter v. Registrar and Sheriff. (St. Francisville, W. Feliciana Parish, La.) (DC La.) Aug. 1963: Negro-Pl., arrested in attempt to register to vote, sued for violation of his civil rights. Pending. Oct. 17, 1963: With Justice
- 20 -

Dept. observers present, Pl. was the only one of 43 Negro applicants permitted to register.
501.Miss.1a. U.S. v. Daniel, Registrar, and Mississippi. (Jefferson Davis Co.) (SD Miss., Hattiesburg Div., #1655.)*
501.Miss.2. U.S. v. Registrar and Mississippi. (Panola Co.) (SD Miss., #3312.)*
501.Miss.3. U.S. v. Ramsey, Registrar, and Mississippi. (Clarke Co.) (CA 5.)*
501.Miss.4. U.S. v. Wood, Registrar, and Mississippi. (Walthall Co.) (SD Miss., Hattiesburg Div., #1656.)*
501.Miss.4a. U.S. v. Wood. (Walthall Co.) (SD Miss., Hattiesburg Div., #1656.)*
501.Miss.5a. Re Theron C. Lynd, Registrar. (Forrest Co.) (CA 5.)*
501.Miss.6. U.S. v. Green, Cir. Clerk., and Mississippi. (George Co.) (SD Miss., #2540.)*

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

501.Miss.7. Kennedy v. Lewis, Cir. Clk. and Registrar. (Boliver Co.) (CA 5.)*
501.Miss.8. U.S. v. Dogan. (Tallahatchie Co.) (ND Miss., Delta Div., #D-C-53-61.) (314 F.2d 767, 8 RRLR 572.) Facts: VIII DOCKET 39, 138. Jan. 26, 1963: CA 5 reversed, ordered DC to issue preliminary injunction. Jan. 29, 1963: DC granted injunction. Trial pending.
501.Miss.9. Higgs v. Kennedy and Hoover. (DC DC.)*
501.Miss.10. U.S. v. City of Greenwood. (ND Miss., Greenville Div., #GC638.)*
501.Miss.11. U.S. v. Sheriff Edwards. (Rankin Co.) (SD Miss. Jackson Div., #3413.)*
501.Miss.12. U.S. v. Ashford, Registrar (Hinds Co.) and Mississippi. (SD Miss., #3457.)*
501.Miss.13. Kennedy v. Owen. (Mississippi.) (CA 5, #20634.) (8 RRLR 578.) 1963: Pl. applied under 42 U.S.C.A. §1974b to inspect voting records in 7 Miss. counties. Demand letters addressed to Defs. as circuit clerks; Defs. held titles of circuit clerk and registrar. DC granted order of inspection of clerk's records, but refused order of inspection of registrar's records. July 3, 1963: CA reversed: statute constitutional, requires only that proper person be named, his title being irrelevant.

Attorney-General's Opinion:

Mississippi: Aug. 6, 1963: Miss. statute provides that any person whose name does not appear in poll book who makes affidavit that he has been illegally denied registration may vote, attaching affidavit, and his vote shall be counted or not, as shall seem legal to executive comm. Atty. Genl. ruled statute applies only to those who have made a lawful attempt to register, and not to Negroes denied registration. Later on Aug. 6, despite early publication of Atty. Genl's. opinion, SNCC field workers brought Negroes to polls in Jackson, Ruleville, Canton, and Greenwood; only in Greenwood were ballots accepted and sequestered for consideration.

501.NY.1a. Camacho v. Kennedy. (SD NY, #60-Civ.-3531.) Facts: VIII DOCKET 39. No appeal. Case closed.
501.Va.1. Butts v. Harrison. (Norfolk, Va.) (ED Va.) Nov. 1963: Negro-Pl. brought class action before 3-judge fedl. court to enjoin enforcement of all laws which require payment of poll tax, and to enjoin all Va. officials from denying Pl. right to vote solely because of inability to pay poll tax. Issues: (1) legality of ratification of 1902 Va. Constitution; (2) whether poll tax is designed to restrict voting by Negroes, in violation of equal protection clause. Pending.

Len Holt, Esq., 250 Nicholson, N.E., Washington, D.C.

502. Political Discrimination
503. Urban Discrimination
Note: The number of malapportionment cases now pending 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 1964 sessions and reports by Natl. Municipal League, 47 E. 68th St., NYC.

Law review articles: 38 Notre Dame 401-517: Jerold Israel, Nonpopulation factors relevant to an acceptable standard of apportionment; Robert B. McKay, The federal analogy and state apportionment standards; Alfred L. Scanlan, Problems of pleading, proof and persuasion in a reapportionment case; Jo Desha Lucas, Of ducks and drakes: judicial relief in reapportionment cases; Robert G. Dixon, Jr., Apportionment standards and judicial power.

James B. Atleson, The aftermath of Baker v. Carr—An adventure in judicial experimentation. 51 Calif. 535-72.

Comments:

Congressional power over elections. 17 Wyoming 260-66.

The reapportionment case: Its political implications. 32 Cincinnati 305-13.

The apportionment of the Iowa legislature. 49 Iowa 109-34.

Legislative reapportionment—The Kentucky concept. 51 Kentucky 722-36.


503.Ala.1. Frink v. Sims. (U.S.S.C., ##508, 540, 610.)*
503.Ala.2. Alsup v. Mayhall. (U.S.S.C.)*
503.Ala.3. Reynolds v. Sims. (U.S.S.C.)*
503.Calif.3. Silver v. Jordan. (SD Calif., Cent. Div., #62-953-MC.)*
503.Calif.4. Mutnick v. Board of Supervisors, Contra Costa County. (Super Ct., Contra Costa Co., #88406.)*
503.Colo.1. Stein v. General Assembly. (Colo. Sup. Ct.) (374 P.2d. 66.)*
503.Colo.2. Lisco v. McNichols. (DC Colo., #7501.)*
503.Colo.3. Ryan v. Tinsley. (DC Colo.)*
503.Colo.5. Re Legislative Apportionment. (Colo. Sup. Ct.)*
503.Conn.1. Butterworth v. Dempsey. (DC Conn., #9571.)*
503.Conn.2. Valenti v. Dempsey. (DC Conn., #9544.)*
503.Dela.1. Sincock v. Terry. (U.S.S.C.)*
- 21 -

503.Dela.2. Roman v. Sincock. (U.S.S.C., #307.) (215 F. Supp. 169.) Oct. 21, 1963: U.S.S.C. noted probable jurisdiction.
503.Fla.1. Lund v. Mathas. (Fla. Sup. Ct.)*
503.Fla.2. Sobel v. Adams. (U.S.S.C.)*
503.Ga.1. Helmsley v. Wells. (SD Ga., ##1203, 1204.)*
503.Ga.2. Sanders v. Gray. (DC Ga.)*
503.Ga.3. Wesberry v. Sanders. (U.S.S.C., #22.)*
503.Ga.4. Toombs v. Fortson. (ND Ga. Atlanta Div., #7872.)*
503.Ida.2. Hearne v. Smylie. (DC Ida., S. Div.)*
503.Ill.1. Germano v. Kerner. (U.S.S.C.)*
503.Ind.2. Stout v. Hendricks. (SD Ind., #1 P61-C-236.)*
503.Ind.3. Grills v. Welsh. (Sup. Ct. Marion Co., #S59-600.)*
503.Ia.2. Davis v. Synhorst. (SD Ia. Cent. Div.)*
503.Kan.1. Harris v. Shanahan. (Kan. Sup. Ct., #43, 289.) Dec. 1963: Court held 1963 Kansas apportionment law improperly enrolled and void; Kansas legislative districts unequal under prior law; Ct. retained jurisdiction of appeal until legislature meets and reapportions, held legislators elected under invalid apportionment statute de jure competent.
503.Kan.2. Meeks v. Anderson. (DC Kan., #KC, 1774.)*
503.Ky.1. Schmied v. Combs. (WD Ky., #4380.)*
503.Ky.2. Combs v. Matthews. (Franklin Cir. Ct.)*
503.La.1. Daniel v. Davis. (ED La.)*
503.Md.1. Maryland Comm. for Fair Representation v. Tawes. (U.S.S.C., #554.)*
503.Mass.1. Fishman v. Secretary of the Commonwealth. (Mass. Sup. Jud. Ct., #12970.)*
503.Mich.1. Beadle v. Scholle. (U.S.S.C., #25.)*
503.Mich.2. Calkins v. Hare. (ED Mich. S. Div., #22720.)*
503.Minn.1. Hedlund v. Hanson. (DC Minn., #4-62-122.)*
503.Minn.2. LaRose v. Takash. (Minn. Sup. Ct.)*
503.Miss.1. Fortner v. Barnett. (1st Jud. Dist., Hinds Co., Ch. #59,965.)*
503.Mo.1. Preisler v. Hearnes. (Mo. Sup. Ct., #49,370.)*
503.Mo.2. Roddy v. Dalton. (DC Mo.)*
503.Neb.1. League of Nebraska Municipalities v. Marsh. Nebr., Lincoln, #551L.)*
503.Nev.1. Paley v. Sawyer. (DC Nev., #1593.)*
503.NH.1. Levitt v. Atty. Genl. (N.H. Sup. Ct., ##5021, 5043.)*
503.NH.2. Levitt v. Atty. General. (N.H. Sup. Ct.)*
503.NJ.2. Jackson v. Bodine. (Hudson Co. Super. Ct., Ch.)*
503.NM.1. Cargo v. Mechem. (N.M. Dist. Ct., Santa Fe.)*
503.NY.1. WCMA v. Simon. (U.S.S.C., #460.)*
503.NY.2. Wright v. Rockefeller. (U.S.S.C., #950.)*
503.NY.3. Honeywood v. Rockefeller. (U.S.S.C., #177.)*
503.ND.1. Lien v. Sathre. (ND., SW Div., #424.)*
503.Ohio.1. Nolan v. DiSalle. (SW Ohio, #6082.)*
503.Ohio.2. Sive v. Ellis. (SD Ohio, W. Div., #6491.)*
503.Okla.3. Jones v. Winters. (Okla. Sup. Ct., #39,857.)*
503.Okla.4. Brown v. State Election Bd. (Okla. Sup. Ct.)*
503.Okla.5. Reed v. State Election Bd. (Okla. Sup. Ct.)*
503.Okla.6. Baldwin v. Moss. (U.S.S.C.)*
503.Pa.1. Start v. Lawrence. (Dauphin Co. Ct., Eq. #2536 and Law #187.)*
503.RI.1. Sweeney v. Notte. (R.I. Sup. Ct.)*
503.RI.2. Needham v. LaFrance. (DC R.I., #2930.)*
503.Tenn.1. Baker v. Carr. (MD Tenn., Nashville Div., #2724.)*
503.Utah.1. Petuskey v. Clyde. (DC Utah, Central Div.)*
503.Va.1. Mann v. Davis. (U.S.S.C., #797.)*
503.Va.2. Donovan v. Harrison. (DC Va.)*
503.Vt.1. Mikell v. Rousseau. (Vt. Sup. Ct.)*
503.Vt.2. Buckley v. Hoff. (DC Vt.)*
503.Wash.1. Thigpen v. Myers. (U.S.S.C.)*
503.W.Va.1. Kanawha v. Carson. (SD W. Va.)*
503.Wis.1. Wisconsin v. Zimmerman. (WD Wis., #3540.)*
503.Wyo.2. Schaefer v. Thompson. (DC Wyo., #4717.)*

Walter C. Urbighit, Jr., Esq., A. G. McClintock, 304 W. 20 St., Cheyenne, Wyo.

504. 14th Amendment §2 Enforcement
Law review article: Ben Margolis, Judicial enforcement of Sec. 2 of the Fourteenth Amendment. 23 Law in Transition 128.
504.2. Denman v. Hodges. (DC DC, #1355-63.)*
510. Jury Selection and Appeals to Prejudice (see also 311)
511. Involving Federal Employees
512. Involving Racial Discrimination

512.29. Alabama v. Seals. (DC Ala.)*
512.32. Giles and Giles v. Maryland. (183 A.2d 359; 372 U.S. 767.) Facts: VIII DOCKET 43, 84, 111. Oct. 1963: Defs'. efforts to secure new trial unsuccessful as not timely filed. Md. Gov. took under advisement clemency petition signed by 8000, and evidence that prosecutrix invited intercourse. Pending.
512.38. U.S. ex rel. Davis v. Gov. Davis. (DC La.)*
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512.39. U.S. ex rel. Poret and Labat v. Davis and Walker. (SD La.)*
512.40. Mississippi v. George Gordon. (Lowndes Co. Cir. Ct.)*
512.41. Rogers v. Louisiana. (CA 5.)*
512.42. Henderson v. Louisiana. (SD La.)*
512.43. Henslee v. Stewart. (Pulaski Co., Ark., Cir. Ct.)*
512.44. Lillard v. Arkansas. (U.S.S.C.)*
512.45. North Carolina v. Arnold. (U.S.S.C.)*
512.46. Louisiana v. Barksdale. (New Orleans.) (Crim. Ct., #177037.) Jan. 1963: Negro-Def. indicted for aggravated rape, moved to quash. Issues: (1) constitutionality of L.S.A. 15:196, permitting judge to select grand jurors in Orleans Parish; in other parishes, selection is by lot; (2) veniremen's race noted on return of summons to jury duty; (3) token number of Negroes in jury venire seldom hear cases because excluded by state's peremptory challenges; (4) courtroom seating segregated; (5) indictment drawn under statute void because passed by legislature not apportioned in accord with La. constitution; (6) racial discrimination in application of aggravated rape statute (including death penalty); (7) La. state policy of segregation. Pending.
512.47. Kansas v. Woods. (Kan. Sup. Ct.) (381 P.2d 533.) May 11, 1963: Negro-Def.'s conviction for kidnapping and rape aff'd: (1) despite fact no Negro had sat on jury in trial ct. co. for 26 yrs., no proof of discrimination; (2) 4 mths. before trial, judge had ordered jury lists drawn without regard to race.
512.48. Howard v. Alabama. (Ala. Sup. Ct.) (151 So.2d 790.) April 4, 1963: Negro-Def., convicted of murder, sentenced to death, conviction aff'd., sought leave to file petition for writ of error coram nobis in trial ct., alleging Negroes systematically excluded from grand and petit juries. Sup. Ct. denied petition: Pl. averred neither that he had no knowledge of exclusion at time of trial nor that he did not waive objection: both required.
513. Involving Economic Discrimination
514. Involving Political Discrimination
515. Involving Discrimination Against Women
520. Education
Law review article: Ovid C. Lewis, Parry and Riposte to Gregor's "The law, social science, and school segregation: An assessment." 14 W. Reserve 637-82.
521. Challenges to Unequal Facilities

521.1. Holland v. Bd. of Pub. Inst. (Palm Beach, Fla.) (SD Fla., #7161.)*
522. Suits To Enforce Integration
Study: Dr. Robert Coles, The desegregation of southern schools: A psychiatric study. Southern Regional Council, 5 Forsyth St. NW, Atlanta.

Law review articles:

James A. Gregor, The law, social science and school segregation: An assessment. 14 W. Reserve 621-36.

John Kaplan, Segregation, litigation and the schools—II: The general northern problem. 53 Northwestern 157-214.

Comment: De Factor segregation and the neighborhood school. 9 Wayne 514-23.


522.Ala.1. Lucy v. Adams. Malone and Carroll v. Mate. (ND Ala., W. Div., ##652, 63-178, 63-227.) (8 RRLR 448.) Facts: II DOCKET 22—IV DOCKET 82. May 16, 1963: DC held 1955 injunction binding on present Ala. Univ. dean of admissions and all other Univ. officials with knowledge. May 16, 1963: DC granted motion of Negro Pls. to consolidate their request for admission with 1955 action; denied Pls. preliminary injunction; continued motion to show cause why registrar should not be held in contempt of 1955 injunction. May 21: DC denied motions to suspend and modify 1955 judgment.
522.Ala.1a. U.S. v. Wallace. (ND Ala., W. Div., Civ. #63-255.) (8 RRLR 453.) May 24, 1963: DC ordered Def.-Gov. to show cause why he should not be enjoined from interfering with admission of Negroes to Ala. Univ. June 5, 1963: DC granted injunction. June 11, 1963: In Proclamation #3542, Pres. Kennedy noted DC decision, ordered Gov. and all others to cease unlawful activities against enrollment of Negroes, issued executive order empowering Secy. of Defense to enforce proclamation. Gov. Wallace issued proclamation against actions of fed. gov't. When Federal troops deployed, Gov. acquiesced.
522.Ala.2a. Armstrong v. Birmingham Bd. of Educ. (CA 5, #20,-595.) Facts: VIII DOCKET 44, 85, 140. Aug. 19, 1963: DC approved Def's. desegregation plan. Action of Gov. Wallace led to efforts to enjoin him. Appeal pending.
522.Ala.2b. Nelson v. Birmingham Bd. of Educ. (CA 5.)*
522.Ala.3. Koen v. Knight. (Ala. Vocational Schools.) (SD Ala., #2434.)*
522.Ala.4. Reed v. Pearson. (Reeds Chapel.) (CA 5.)*
522.Ala.5. Lee v. Macon Co. Bd. of Educ. (MD Ala., #604E.)*
522.Ala.6. Hereford v. City of Huntsville. (ND Ala., #63-109.)*
522.Ala.7. U.S. v. Mobile Co. Bd. of School Comm. (CA 5.)*
522.Ala.7a. Davis v. Mobile Co. Bd. of School Comm. (SD Ala., #300.) (CA 5, #20558, #20657.) (U.S.S.C., # 348.) (318 F.2d 63, 322 F.2d 356.) Facts: VIII DOCKET 111, 140. DC ordered Pls. admitted Aug. 23, 1963. Gov. Wallace interfered with desegregation. DC issued order to show cause; Pls. seek injunctive relief. Oct. 28: U.S.S.C. denied Def's. petition for cert. Nov. 14: Trial in DC.
522.Ala.8. U.S. v. Madison Co. Bd. of Educ. (ND Ala., NE Div., #63-23.)*
522.Ala.9. Franklin v. Auburn Univ. Trs. (MD Ala.) Pl.-Negro sued for admission to Def.-land grant college. Nov. 5, 1963: DC rejected argument that Pl. not qualified for Def.-Univ. because not graduated from accredited college because this solely due to Pl's. race; ordered Def. to admit Pl. and all qualified Negroes.
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522.Ala.10. Gunn v. Florence State College Trs. (ND Ala.) Aug. 1963: Desegregation suit filed by Pl.-Negro, junior at Tennessee State College. Pending.
522.Ark.5. Dove v. Parham. (Dollarway School Dist.) (ED Ark., #3680.) Facts: VIII DOCKET 44. Jan. 25, 1963: DC denied Def's. supplemental report, parties arranged for peaceable re-entry of one student. Case closed.
522.Calif.1. Jackson v. Bd. of Educ. (Pasadena.) (Calif. Sup. Ct.) Facts: VIII DOCKET 44, 85, 111. Cite: 382 P.2d 878.

Case note: 51 Calif. U. 810.

522.Calif.3. Brock v. Bd. of Educ. (San Francisco.) (ND Calif., S. Div., #41034.)*
522.Calif.4. Pls. v. Bd. of Educ. (Sacramento.) (Super Ct.) Aug. 1963: Suit filed for injunction against Def. rebuilding burned-out Jr. High. Super. Ct. granted temporary order to prohibit erection of portable classrooms on site. Later, ct. dissolved order, but held school had been segregated, ordered Def. to prepare desegregation plan by Sept. 1, 1964.
522.Calif.5. Crawford v. Bd. of Educ. (Los Angeles City.) (Super. Ct., #822854.) Aug. 1, 1963: Mandamus action filed to prevent expenditure of funds by Def. to improve Jordan High (99% Negro) and require drawing new boundary lines of Jordan and S. Gate High (99% white), 1½ mi. apart. Sept. 6: Super. Ct. issued alternative writ of mandamus. Oct. 4: At hearing, Def. reported racial survey of all school districts under way, promised redistricting by Feb. 1964 semester. Jan. 17, 1964: Hearing on alternative writ.

Loren Miller and Thomas Neusom, Esqs., 2828 S. Western Ave., A. L. Wirin, Esq., 257 S. Spring St., all of Los Angeles, for United Civil Rights Comm.—NAACP, ACLU, AJC.

522.Fla.2. Gibson v. Bd. of Pub. Inst. (Dade Co.) (SD Fla., #6978.)*
522.Fla.3. Manning v. Bd. of Pub. Inst. of Hillsborough Co. (Tampa.) (SD Fla., #3554.) (8 RRLR 496.)*
522.Fla.5. Augustus v. Escambia Co. Bd. of Ed. (Pensacola.) (ND Fla., #1064.)*
522.Fla.6. Tillman v. Bd. of Pub. Inst., Volusia Co. (SD Fla., Jacksonville Div., #4501.) (7 RRLR 687; 8 RRLR 499.) Facts: VIII DOCKET 45. May 8, 1963: DC issued order approving, over Pls.' objections, grade-a-year plan identical to that in Braxton, 522.Fla.7.
522.Fla.7. Braxton v. Bd. of Pub. Inst., Duval Co. (Jacksonville.) (SD Fla., #4598.) (8 RRLR 491.) Facts: VIII DOCKET 45. May 8, 1963: Over Pl's. objection, DC approved Def's. grade-a-year desegregation plan (submitted pursuant to DC order), recognized possibility of acceleration, reserved judgment re teacher assignments. 13 Negro pupils attending 6 previously all-white schools. Nov. 13: Appeal argued in CA 5.
522.Fla.9. Weaver v. Bd. of Pub. Inst., Brevard Co. (Cape Canaveral.) (SD Fla., Orlando Div., #1172.)*
522.Fla.10. Mays v. Bd. of Pub. Inst., Sarasota Co. (SD Fla., Tampa Div., #4242-Civ. T.)*
522.Fla.11. Ellis v. Kipp, Bd. of Pub. Inst., Orange Co. (Orlando.) (SD Fla., Orlando Div., #1215.)*
522.Fla.13. Mills v. Boone. (Polk Co.) (MD Fla., #63-50.)*
522.Fla.14. Scott v. Bd. of Inst. (St. John's Co.) (SD Fla., transferred to MD Fla.) Mar. 1962: Complaint filed. Oct. 5: DC denied motion to dismiss. May 1963: Pretrial conference. Jy. 1963: Hearing on motion for preliminary injunction; decision awaited. 7 pupils admitted to previously all-white schools.
522.Fla.15. Hall v. Bd. of Pub. Inst. (Broward Co.) (SD Fla., #10,820.) Jy. 1962: At pretrial conference Pls. agreed to dismiss suit when Def. began voluntary desegregation. 25 Negro pupils attending desegregated schools.
522.Fla.16. Milledge v. Fla. State Bd. of Control. (Leon Co. Cir. Ct.) Facts: VIII DOCKET 141. Case settled and dismissed.
522.Fla.17. Hammond v. Univ. of Tampa. (MD Fla., #63-51, Civ. T.)*
522.Ga.3. Calhoun v. Latimer. (Atlanta.) (CA 5, #20273.) (8 RRLR 502) Facts: VIII DOCKET 45, 85. June 17, 1963: CA aff'd DC acceptance of grade-a-year plan, postponed questions of teacher placement and extra-curricular discrimination until 12-yr. plan completed, noted Defs. discriminated against Negro applicants to white schools in requiring special educational and psychological tests not given to white children. Rives, J. diss., agreed with Pls.' 7-yr. plan. Petition for cert. pending.
522.Ga.6. Stell v. Savannah-Chatham Co. Bd. of Ed. (CA 5.) (315 F.2d 425, 8 RRLR 514.) Facts: VIII DOCKET 46, 112, 141. Appeals pending.
522.Ga.7. Emory University v. Georgia, (Atlanta.) (Ga. Sup. Ct. #21731.)*
522.Ga.8. Gaines v. Dougherty Co. Bd. of Educ. (formerly Anderson v.) (CA 5, #20984.) Facts: VIII DOCKET 112, 141. Aug. 27, 1963: DC approved Def's. grade-a-year desegregation plan. Appeal pending.
522.Ga.9. Gibson v. Glynn Co. Bd. of Educ. (Brunswick.) (SD Ga., #717.) 1963: Bd. voluntarily decided to desegregate high school Aug. 28, 1963: Aug. 27: Pl.-white parents sued to enjoin Def. from admitting Negroes; DC granted relief. Sept. 6: DC granted Negro pupils' motion to intervene, ordered Def.-Bd. to undertake administrative review of desegregation plan, held case in abeyance. Sept. 12: CA 5 vacated DC order, enjoined Def. from excluding Negro pupils pending appeal. Negro pupils attending high school.

NAACP Legal Defense & Educ. Fund, NYC.

522.Ill.1. Webb v. Bd. of Educ. (Chicago.) (CA 7.)*
522.Ill.1a. Webb v. Bd. of Educ. (Chicago) (ND Ill., E. Div., #63 C 1895.) Oct. 1963: Suit filed charging de facto segregation and segregation by way of gerrymandering, adjustment of attendance area lines, utilization of certain devices, such as placement of upper grade centers, high school and elementary school branches in such a fashion as to deliberately
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contain Negroes in all-Negro or predominantly Negro schools. Pending.

James D. Montgomery, Esq., 30 W. Washington St., Chicago.

522.Ill.2. Burrows v. Bd. of Educ. (Chicago.) (ND Ill., E. Div., #62 C 206.)*
522.Ill.3. McNeese v. Bd. of Educ. (Centerville.) (DC Ill.)*
522.Ind.1. Bell v. School Bd. (Gary.) (CA 7.) Facts: VIII DOCKET 46, 85, 141. Nov. 1, 1963: CA 7 affirmed; held Def.-Bd. has right to assign students to neighborhood schools even though segregated schools result. Pending.
522.Kan.2. Downs v. Bd. of Educ. (Kansas City.) (DC Kan., #KC-1443.)*
522.Ky.10. Walker v. Richmond Bd. of Educ. (ED Ky., Richmond Div., #241.)*
522.Ky.12. Mason v. Jessamine Co. Bd. of Educ. (ED Ky., #1496.) (8 RRLR 530.)*
522.La.1. Bush v. Orleans Parish School Bd. (New Orleans.) (ED La., #3630.) Facts: VIII DOCKET 46. May 17, 1963: DC approved and modified Def's. desegregation plan, incl. abolition of 2 (racial) lists of pupils, adding certain schools and grades, held in abeyance Pls.' motion for desegregation of teaching staffs until Def's. plan underway, retained jurisdiction.
522.La.2. Hall v. St. Helena Parish School Bd. (ED La., Baton Rouge Div., #1068.) (197 F.Supp. 649, aff'd. 368 U.S. 515.)*
522.La.3. Angel v. La. State Bd. of Educ. (La. Trade Schools.) (DC La.)*
522.La.4. Davis v. E. Baton Rouge Parish School Bd. (ED La., Baton Rouge Div., #1662.) (214 F. Supp. 624.) Facts: VIII DOCKET 47, 141. Correction: Sept. 1963: 12th grade desegregated, 11th grade 1964-65, grade-a-yr. thereafter. Sept. 1963: 30 children attended desegregated schools.
522.La.12.. Guillory and Eloi v. Tulane Univ. (ED La., New Orleans Div.) Facts: VIII DOCKET 47. Dec. 5, 1962: On remand, DC held for Defs.: state involvement in Defs.' affairs not substantial: (1) Only 3 state officials on 17-man bd. and they do not influence policy; (2) tax exemption granted Defs. not state activity, but to further education; (3) state's possibility of reverter in some Univ. property affects only small portion of Defs.' property rights; (4) amount of state support non substantial. Apr. 1963: DC granted Pls'. motion to dismiss its appeal.
522.La.13. Harris, Crayton v. St. John the Baptist Parish School Bd. (ED La., New Orleans Div., #13212.)*
522.La.14. U.S. v. Bossier Parish School Bd. (WD La., Shreveport Div., #9282-S.)*
522.Mich.3. Sherrill School Parents Comm., Bentley v. Bd. of Educ. (Detroit.) (ED Mich., S. Div., #22092.)*
522.Miss.1a. Green v. Fair. (U. of Miss.) (SD Miss., Jackson Div., #3130.)*
522.Miss.1b. U. S. v. Gov. Barnett and Lieut. Gov. Johnson. (U. of Miss.) (CA 5.) Facts: VIII DOCKET 47. Apr. 9, 1963: CA 5 split 4-4 on right of Def. to jury trial on criminal contempt charges re 1962 admission of Meredith to Univ.; certified question to U.S.S.C.: Was Meredith v. Fair a case "brought by U.S." under statute requiring jury trial in criminal contempt cases except, inter alia, in actions brought by U.S. when Meredith was Pl. in original action, U.S. entering only as amicus but later U.S., in own name, sought order of DC and CA 5? Pending.
522.Miss.2. Evers v. Jackson School Bd. (CA 5, #20824.)*
522.Miss.3. Hudson v. Leake Co. School Bd. (CA 5, #20825.) Facts: VIII DOCKET 113, 141. July, 1963: CA 5 denied injunction pending appeal, denied motion to advance appeal.
522.Miss.4. U.S. v. Biloxi Muni. Separate School Dist. (CA 5.) (8 RRLR 539.)*
522.Miss.5. U.S. v. School Bd. (Gulfport.) (CA 5.) (8 RRLR 540.)*
522.Miss.6. McDowell v. Tubb. (U. of Miss. Law School.) (SD Miss., Jackson Div., Civ. #3425.) Je. 4, 1963: DC held Pl. irreparably injured if not admitted immediately to Law School, ordered Pl. admitted promptly, and no privilege or immunity given to other law students to be withheld from Pl.
522.Mo.2. Davis v. Bd. of Educ. (Charleston.) (ED Mo., #S62 C 51.) (8 RRLR 544.)*
522.Mo.3. Lewis v. Bd. of Educ., Deering. (Pemiscot.) (DC Mo.)*
522.NJ.4a. Fisher v. School Bd. of Orange. (N.J. Commr. of Educ.)*
522.NY.6. Branche v. Bd. of Educ. (Hempstead.) (ED NY, #62,-C-176.)*
522.NY.6a. Mitchell v. Bd. of Educ. (formerly Complaint against Bd. of Educ.) (Hempstead.) (NY State Commr. of Educ., #7240.) (8 RRLR 735.) Facts: VIII DOCKET 48. June 17, 1963: Commr. held: (1) Bd.'s transfer plan reasonable and educationally sound, not decided arbitrarily; (2) imbalance created by de facto housing segregation is deprivation of equal opportunity; (3) beginning Sept., 1963, all children in area attend kindergarten-3rd grade in either of 2 formerly "white" schools; all children in grades 4 and 5 attend formerly "Negro" school.

See also 522.NY.6.

522.NY.7. Blacker v. Bd. of Educ. (Manhasset, Long Island.) (ED NY, #62-C-285.)
522.NY.9. Aikens v. Bd. of Educ. (Rochester.) (WD NY, #9,-736.)*
522.NY.10. Bailey v. Bd. of Educ. (Westbury.) (DC NY.)*

See also 523.NY.1, 523.NY.2.

522.NC.6. Jeffers v. Whitley. (Caswell Co.) (MD N.C., Greensboro Div., #1079.)*
522.NC.12. Griffith v. Robinson. (Yancey Co.) (WD N.C., #1881.) Facts: VIII DOCKET 48. Sept. 26, 1963: DC ordered all applications for transfer from under-utilized Negro elementary
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school granted by Feb., 1964, unless white children begin to attend the school by that time. Def. has admitted Pls. seeking admission to white high school.
522.NC.13a. Farmer v. Greene Co. Bd. of Educ. (CA 4, #9125.) Facts: VIII DOCKET 86, 142. Pl.'s appeal pending.
522.NC.14. Wheeler v. Durham City Bd. of Educ. (M.D. N.C., #C 54-D-60.) (309 F.2d 630.) Facts: VIII DOCKET 48, 113, 142. Def.'s appeal pending.
522.NC.14a. Spaulding v. Durham City Bd .of Educ. (MD N.C., #C-116-D-60.)*
522.NC.14b. Thompson v. Durham Co. Bd. of Educ. (formerly Pls. v.) (MD N.C., Greensboro Div., C-140-D-63.)*

Conrad O. Pearson, Esq., 203½ E. Chapel Hill St., Durham, N.C.

522.NC.17. Wynn v. Trs., Charlotte Community College System. (U.S.S.C.)*
522.NC.18. Hunter v. Raleigh City Bd. of Educ. (ED N.C,. Raleigh Div. #1308.)*
522.NC.19. Belo v. Randolph Co. Bd. of Educ. (MD N.C. #209-G-62.) DC ordered Def. to file desegregation plan by Jan. 1, 1964. Mar. 20, 1964: Pretrial.
522.NC.20. Conley v. Transylvania Co. Bd. of Educ. (WD N.C., #2094.) Facts: VIII DOCKET 49.1963: DC ordered Negro high school children into desegregated schools, did not rule on elementary schools because no elementary school children were Pls.
522.NC.21. Gilmore v. High Pt. Bd. of Educ. (MD N.C.) Facts: VIII DOCKET 86. 1963: Pls. withdrew motion for preliminary injunction on Bd.'s agreement to admit them and submit desegregation plan by Oct. 1, 1963.
522.NC.22. Cabaniss v. Shelby Bd. of Educ. (WD N.C., #2134.) Facts: VIII DOCKET 113. Aug. 27, 1963: DC ordered Pl. admitted to school of his choice. Bd. agreed to submit desegregation plan.
522.NC.23. Ford v. Cumberland Co. Bd. of Educ. (ED N.C., #668.) Facts: VIII DOCKET 113. July 10, 1963: Def.-Bd. granted Pls. transfer requests. DC continued hearing on preliminary injunction to allow Def. to submit desegregation plan for 1964-65.
522.NC.24. Ziglar v. Reidsville Bd. of Educ. (MD N.C.) (Greensboro Div., #C-226-G-62.) Sept. 1963: Def. to submit desegregation plan within a reasonable time.
522.NC.25. DuBissette v. Cabarrus Co. Bd. of Educ. (MD N.C.) 1963: Pl. sued to enjoin alleged discriminatory operation of Co. schools. Pending.

NAACP Legal Defense Fund, 10 Columbus Circle, NYC.

522.NC.26. Turner v. Warren Co. Bd. of Educ. (ED N.C.) 1963: Pls. sued for preliminary and permanent injunction against discriminatory operation of Co. schools. Pending.

NAACP Legal Defense and Education Fund, 10 Columbus Circle, NYC.

522.Okla.6. Dowell v. Bd. of Educ. (Oklahoma City.) (WD Okla., #9452.) Facts: VIII DOCKET 49, 142. Fall 1963: 5 Negro teachers assigned to 3 white schools.
522.Okla.7. Hill v. New Lima Bd. of Educ. (DC Okla.) Sept. 10, 1963: Pls. filed school desegregation suit. Oct. 15, 1963: Pls. moved for summary judgment; pending.

U. Simpson Tate, Esq., Wewoka, Okla.

522.Pa.1. Chisholm v. Bd. of Educ. (Philadelphia.) (ED Pa., #29706.)*
522.SC.1. Briggs v. Elliott. (Clarendon Co.) (CA 4.)*
522.SC.2. Brunson v. Bd. of Trs., Clarendon Co. School Dist. No. 1. (ED S.C., #7210.) (cert. den. 373 U.S. 933.)*
522.SC.5. Stanley v. Darlington Co. School Dist. No. 1. (ED S.C., #7749.)*
522.SC.6. Brown v. School Dist. 20. (Charleston.) (CA 4.) Facts: VIII DOCKET 49. Aug. 5, 1963: DC ordered Pls. admitted to school Sept., 1963 as first Negro children admitted to white schools in S.C., and free transfers until desegregation plan approved. Appeal of Def. and intervening white parents pending.
522.SC.7. Gantt v. Clemson College Bd. of Trs. (U.S.S.C.) (320 F.2d 611, 375 U.S. 814.) Facts: VIII DOCKET 49, 86. Oct. 14, 1963: U.S.S.C. denied cert.
522.SC.10. Randall v. Sumter School Dist. No. 2. (Sumter.) (ED S.C.) Sept. 13, 1963: Pl. sued to desegregate public schools. Pending.

NAACP Legal Defense and Education Fund, 10 Columbus Circle, NYC.

522.SC.11. Whittenberg v. Greenville Co. School Dist. (WD S.C., #4396.) Aug. 19, 1963: Pls. sued for temporary injunction and desegregation of schools. Pending.

NAACP Legal Defense and Education Fund, 10 Columbus Circle, NYC.

522.Tenn.1a. Boyce v. Humphreys Co. Bd. of Educ. (Nashville.) (MD Tenn., #3130.)*
522.Tenn.6. Goss v. Bd. of Educ. (Knoxville.) (CA 6.) Facts: VIII DOCKET 50, 86, 113. 1963: On remand, DC approved 2 grades-a-year plan of Defs. Pls.' appeal pending.
522.Tenn.7. Northcross v. Memphis Bd. of Educ. (CA 6.)*
522.Tenn.8. Mapp v. Chattanooga Bd. of Educ. (CA 6, #15038-9.) (8 RRLR 549, 319 F.2d 71.)
522.Tenn.11. Vick v. Co. Bd. of Educ. (Obion Co.) (WD Tenn., #3129.)*
522.Tenn.12. Monroe v. Jackson Bd. of Educ. (WD Tenn., #327.) Facts: VIII DOCKET 113, 143. Aug. 20, 1963: DC denied Def.'s motion for jury trial; approved 4-year desegregation plan.
522.Tenn.13. Pls. v. Madison Co. Bd. of Educ. (WD Tenn.)*
522.Tenn.14. Robinson v. Memphis Bd. of Educ. (Shelby Co.) (DC Tenn., Memphis.)*
522.Tex.7. Ross v. Rogers. (Houston.) (CA 5.)*
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522.Tex.10. Flax v. Potts. (Fort Worth.) (ND Tex., #4205.) (218 F.Supp. 254.)*
522.Tex.14. Eastland v. Wheat. (Northeast Houston.) (SD Tex., #13,330.)*
522.Tex.15. Evans v. Brooks. (Texas City.) (SD Tex., Galveston Div., #2803.)*
522.Tex.16. Sanders v. Ransom. (U. of Tex.) (WD Tex., Austin Div., #1231.)*
522.Tex.17. Thomas v. Bowen. (Bryan.) (SD Tex., #13,850.) 1962: DC enjoined Def. from maintaining segregated facilities, approved plan for desegregation by 1975, retained jurisdiction.
522.Tex.20. Carter v. Hix (Gatesville.) (WD Tex., Waco Div.)*
522.Tex.23. Miller v. Barnes. (Georgetown.) (CA 5.)*
522.Tex.24. Rice Institute v. Carr. (DC Tex.)*
522.Va.1. Allen, Griffin v. Co. School Bd. (Prince Edward Co.) (Va. Sup. Ct. of App.) (322 F.2d 332, 8 RRLR 1049.) Facts: VIII DOCKET 51, 143. Dec. 2, 1963: Sup. Ct. aff'd. Circ. Ct. (6-1): Va. Const. and statutes "establish a local-option system of free public schools which leaves to the local authorities the decision whether free public schools shall be operated in the locality." Eggleston, C.J. diss.: "The refusal of the ... court ... to recognize the rights of the citizens of Prince Edward County guaranteed to them under the Constitution of the U.S. is a clear invitation to the Fedl. court to step in and enforce such rights. I am sure that invitation will be promptly accepted." Pls.' petitions for cert. pending in U.S.S.C. on CA 4 and Va. Sup. Ct. of App. decisions.
522.Va.1a. U.S. v. Prince George Co. Bd. of Educ. (ED Va., #3536.)*
522.Va.3a. Adkinson v. School Bd. (Newport News.) (ED Va., Newport News Div., #642.)*
522.Va.4. Hill v. School Bd. (Norfolk.) (ED Va.)*
522.Va.5. Dillard v. School Bd. (Charlottesville.) (U.S.S.C.) Facts: VIII DOCKET 51, 86. June 17, 1963: U.S.S.C. denied cert.
522.Va.6. Brooks v. School Bd. (Arlington Co.) (CA 4.) Facts: VIII DOCKET 52. 1963: CA 4 reversed, ordered injunction reinstated and jurisdiction retained.
522.Va.13. Kilby v. Warren Co. School Bd. (WD Va.) (6 RRLR 121.)*
522.Va.14a. Bradley v. School Bd. (Richmond.) (CA 4.) Facts: VIII DOCKET 52, 115. May 10, 1963: CA ordered DC to require Def. to submit desegregation plan, held Def. had not made a reasonable start toward desegregation, found that Def. had power over pupil placement and can not escape duty to desegregate by delegating to State Pupil Placement Bd.
522.Va.20. Blackwell v. School Bd. (Fairfax Co.) (ED Va., #1967.)*
522.Va.21. Green v. School Bd. (Roanoke.) (WD Va., Roanoke Div., #1095.) 1963: DC ordered Def. to submit plan for desegregation of teaching staffs and for speeding desegregation in all grades.
522.Va.21a. Marsh v. School Bd. (Roanoke Co.) (WD Va., Roanoke Div., #1095.)*
522.Va.24. Jackson v. School Bd. (Lynchburg.) (WD Va., Lynchburg. Div., #534.) (308 F.2d 918.)*
522.Va.25. Anderson v. School Bds., West Point and King William Co. (Richmond.) (ED Va., #3365.)*
522.Va.26. McLeod v. Chesterfield Co. School Bd. and Va. Pupil Placement Bd. (near Richmond.) (ED Va., #3431.)*
522.Va.27. Williams v. Winchester School Bd. (WD Va., Harrisonburg Div., #629.)*
522.Va.28. Scott v. Fredericksburg School Bd. (ED Va., #3438.)*
522.Va.29. Brown v. Frederick Co. School Bd. (WD Va., #642.) Jy. 22, 1963: DC enjoined Def. from assigning pupils on basis of race. Def's. appeal pending.
522.Va.30. Gilliam v. Hopewell School Bd. (ED Va.)*
522.Va.31. Buckner v. School Bd. (Greene Co.) (DC Va.)*
522.Va.32. Bell v. Co. School Bd. of Powhatan Co. (CA 4, #8944.) (321 F.2d 494.) Aug. 17, 1962: 65 Negro-Pls. parents and children filed class suit for desegregation. Jan 2, 1963: DC held for Pls., enjoined Def. from racial discrimination, from closing schools in attempt to avoid desegregation, granted Def. 90 days to file desegregation plan. Jan. 4, 1963: DC stayed all parts of injunction except that against school closing, pending Def's. appeal and outcome of state action in 522.Va.32a. CA 4 denied motion to vacate DC stay; Warren, C.J. (U.S.S.C.) refused to vacate stay. Def. appealed DC order granting relief to Pls. June 29, 1963: CA 4 aff'd DC granting of individual relief, general injunction, order to submit desegregation plan, prohibition against closing schools: held DC erred in staying order pending Def.'s action in 522.Va.32a: that proceeding would not be binding on fedl. ct. adjudicating fedl. rights; held DC denial of counsel fees to Pls. error, for Defs. deliberately sought to obstruct Pls.' valid demands by "discreditable" tactics. Aug. 29, 1963: Integrated schools opened, less than half of white children boycotted.
522.Va.32a. Powhatan Co. School Bd. v. Pupil Placement Bd. (Richmond.) (Richmond Cir. Ct., Ch. #B-2903.) July 3, 1962: Pls. sued for declaratory judgment, pursuant to agreement with Defs. Issues: Whether certain applications by Negroes met requirements of Pupil Placement Act, whether Pl. had duty to determine whether applications met requirements. May 16, 1963: Cir. Ct. held: applications did not conform to statute; strict compliance necessary; Pls. had no duty to investigate so both parties could disregard applications.
522.WVa.3. Taylor v. Raleigh Co. Bd. of Educ. (SD W.Va.)*
523. Suits To Prevent Integration (see also 204, 213, 223)

523.NY.1. Balaban v. Rubin. (Brooklyn, N.Y.) (App. Div. Sup. Ct., Brooklyn.) Aug. 2, 1963: Def.-N.Y. Bd of Educ. drew school lines to include equal numbers of Negro,
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Puerto Rican, and white children at new school. Aug. 2, 1963: Pl.-white parents sued. Sup. Ct. held assignment of pupils on basis of race to achieve integrated schools unconstitutional and contrary to NY law. Defs. appeal pending.

Amicus appearance by NYCLU by Nanette Dembitz, Esq. 156 Fifth Ave., NYC.

523.NY.2. Vetere and Hummell v. Allen, Comm'r. of Educ. (Albany, N.Y.) (Albany Co. Sup. Ct., #5217-63, 5440-63.) Sept. 1963: Pl.-white parents sued to enjoin Defs. from sending children to different schools to avoid racial imbalance. Issue: Constitutionality and legality under NY statute of assigning pupils to schools on basis of race.
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.)*
530. Housing — Racial Discrimination
Report: Equal opportunity in Housing—Challenge to American communities. National Comm. Against Discrimination in Housing, 426 W. 58th St., NYC 19
531. In Public and Publicly-Assisted Housing — Urban Renewal (Title I)

531.10. Arena v. Columbia Univ. (Comm. on Human Rights.)*
531.11. Smith v. Holiday Inns of America. (Nashville.) (CA 6, #3409.) Facts: VIII DOCKET 86. July 30, 1963: DC ruled for Pl., granted injunction desegregating motel. Defs. appeal pending.
531.12. Johnson v. Redevelopment Agency of the City of Oakland. (U.S.S.C., #415 Misc.) (317 F.2d 872.) Facts: VIII DOCKET 114. Nov. 12, 1963: U.S.S.C. denied cert.
531.13. Re House and Home, Ltd. (Veterans' Admin.) July, 1963: Comp-Johnson alleged builder refused to sell him a home on grounds of race. VA notified developer it would no longer assess builder's properties, making VA mortgages unavailable; FHA commitments also withheld. Builder's appeal to VA pending.
532. In Publicly-Assisted Housing — FHA and VA

532.24. Hudson v. Branden Enterprises, Tropicana Village. (Calif.) (Santa Clara Co. Super. Ct.)*
532.25. Holmes v. Bank of America. (San Diego Super. Ct.) Facts: VIII DOCKET 53, 86, 114, 144. Cites: 30 Cal. Reptr. 917, 8 RRLR 605.
532.26. Gregory v. Zehman. (Cleveland.) (Com. Pleas Ct., #742019.)*
532.29. Scott v. Houston. (Berkeley.) (Alameda Co. Super. Ct.)*
533. In Private Housing

533.20. Progress Development Corp. v. Mitchell. (Deerfield.) (ND Ill., E. Div., #5 C 2050.)*
533.22. Divine v. Koch. (Calif.) (Sacramento Super Ct.)*
533.32. Smith v. Curt Craft. (Portland.) (Multnomah Co. Cir. Ct., #265957, #266890.)*
533.37. Droeger v. DeVries, Select Realty and Rentals. (San Francisco Super. Ct.)*
533.39. Johnson v. Coldwell, Banker and Co. (Sacramento.) (Sacramento Co. Super. Ct., #132566.)*
533.41. Stevenson and Kent v. Genl. Fedl. Svgs. and Loan Assn. Harris Trust and Svgs. Bank. (Chicago.) (ND Ill., #61-C-178.)*
533.48. Vaught v. Village Creek Homeowner's Assn. (Norwalk, Conn.) (Fairfield Co. Super. Ct.) (7 RRLR 849) Facts: VIII DOCKET 54. Dec. 3, 1963: Case settled. While case pending, racial character of part of unit changed, Defs. tendered sales contract which Pls. accepted.
533.49. Ruiz v. Bertolotti. (App. Div., N.Y. Sup. Ct.)*
533.53. Duff v. McCoy. (Carmichael) (Sacramento Co. Super. Ct., #124694.) Facts: VIII DOCKET 54. Sept. 1963: Ct. gave Judgment for Pls.: (1) specific performance of contract for sale of real property; (2) compensatory and exemplary damages against residents of neighborhood for interference with contractual relations because Pls. are Negroes; (3) retained jurisdiction to supervise conveyance of property.
533.54. Mims v. Values, Inc. (Berkeley.) (Berkeley-Albany Muni. Ct.)*
533.55. Curtis and Washington State Board Against Discrimination v. Interlake Realty. (King Co. Ct., #H-708.) (Wash. Sup. Ct., #36696.) Facts: VIII DOCKET 54. April 13, 1962: Super. Ct. ruled real estate office is place of public accommodation, held state law bars discrimination there. Sept. 19, 1963: Sup. Ct. dismissed Def.'s appeal on procedural returned jurisdiction to trial ct.
533.56. Thomas v. Goolis, Paxinos. (San Francisco Muni. Ct., #477388.)*
533.57. Mason v. Grenell. (Shaker Hts.) (Cuyahoga Co., ##771,-611, 771, 612.)*
533.60. Illinois Terra Realty and Building, Inc. v. Flanagan, Bldg. Comm'r. (Harvey, Ill.) (ND Ill., ED.)*
533.61. Bolden v. Fleck. (NY State Comm. for Human Rights.)*
533.63. California v. Don Wilson Builders. (Los Angeles Co. Super. Ct., #815050.) Don Wilson Builders v. Super Ct. and California. (2d App. Dist. Ct. of App., #2d Civ. 27491.) 1961-1963: Def.-Corp. allegedly refused to sell or offer for sale houses in San Dominguez Hills Tract to Negroes on at least 6 specific occasions, and after requests by State to cease refusing. Mar. 11, 1963: Pl. sued for injunctive relief under Civil Code §51, alleging "Defs'. discriminatory practice ... is injurious to the health, safety and welfare of the People ..., in that it creates and perpetuates segregated and inadequate housing for Negroes; creates and perpetuates de facto segregation in public schools, churches, hospitals, places of public accommodation, recreational facilities, and welfare and civic activities; deprives substantial numbers of persons within this state
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of rights guaranteed to them by the Constitution and laws of the State . . .; and contributes to disease, crime, and immorality." Apr. 8: Super. Ct. issued temporary restraining order against continued discriminatory practices. Def. filed petition for writ of prohibition in D.C.A. Issue: Does State have standing to sue for injunction here? Pending.

Charles B. McKesson and Robert E. Burke, Dept. Attys. Genl., Los Angeles.

And see 15.7 and 58.8

533.64. Russell v. Banks. (Wilkes-Barre.) (Pa. Human Relations Comm.) June 19, 1963: Comm. ordered: (1) Resp.-landlord to promise in writing to abide by Pa. Human Relations Act; to offer to rent house to Negro-Comp. and include in deed a covenant against discrimination (unless grantee buys for personal residence); (2) Resp.-real estate firm to cease making records of race of applicants to rent; to inform customers and employees of Pa. statute.
533.65. Wagner v. O'Bannon. (Pomona, Calif.) (Los Angeles Co. Super. Ct., #East C-2148.) Sept. 13, 1963: Pls. sued realtor, realty board, homeowner, neighbors for injunction against sale to another; specific performance of land contract; damages for conspiracy to discriminate, violation of fair housing law, fraud, mental distress. Pending.
533.66. Bell v. Eyring Investment Co. (Berkeley-Albany Muni. Ct., #15010.) Nov. 27, 1962: Negro-Pls. sued Def. realty co. and individual realtors for damages for violation of Cal. Civ. Code §§51-52. Trial date: Mar. 18, 1964.
533.67. City of New York v. Claflington. (243 N.Y.S.2d 437.) June 17, 1963: Ct. held city fair housing ordinance not nullified when state adopted legislation covering same area.
533.68. Cooney v. Katzen. (N.Y.) (Sup. Ct., Onondaga Co.) Oct. 29, 1963: Ct. held law barring discrimination in private housing "is constitutional and valid."
533.69. Stanton Land Co. v. City of Pittsburgh and Nickens. (Com. Pleas Ct., Allegheny Co., #1741.) Nov. 30, 1963: Ct. held city fair housing ordinance constitutional.
533.70. N.J. Home Builders Assn., N.J. Assn. of Real Estate Bds., and Montoro v. Div. on Civil Righ ts (Atlantic Co. Super. Ct., Ch., #C-2196-61) Nov. 13, 1963: Ct. held: state law covering private housing constitutional. Appeal pending.
533.71. Vesta Co. v. N.J. Div. on Civil Rights. (Bergen Co. Ct.) Dec. 10, 1963: Trial judge ruled state law covering private housing unconstitutional: makes unreasonable distinction between housing covered and not covered. Appeal pending.
533.72. Terry v. City of Toledo. (Ohio.) (Com. Pleas Ct., Lucas Co., #191309.) Ct. held city fair housing ordinance constitutional, dissolved temporary restraining order granted in taxpayer's action, denied petition for permanent injunction.
534. Omnibus Suits to End Housing Segregation

534.1. Cotillion Club, Inc. v. Detroit Real Estate Bd. (ED Mich., S. Div., #22058.)*
535. Miscellaneous Housing Suits
540. Transportation — Racial Discrimination
541. In Interstate Facilities

541.Ala.1. Baldwin v. Morgan. (Birmingham.) (ND Ala.)*
541.Ala.6. Alabama v. Zweig. (Birmingham.) (Birmingham Muni. Ct.)*
541.Ala.9. Abernathy v. Alabama. (Montgomery.) (U.S.S.C., #575.) (155 So.2d 586.) Facts: VIII DOCKET 55. July 23, 1963: Ala. Sup Ct. denied cert. Oct. 22, 1963: Def's. petition for cert. pending.
541.Ala.12. U.S. v. City of Montgomery, Bd. of Commrs., Ranch Enterprises, Inc. (CA 5.)*
541.Ala.13. Alabama v. Sizemore, Greyhound Restaurant Mgr. (Birmingham.) (Birmingham Muni. Ct.)*
541.Ala.14. U.S. v. City of Birmingham Officials. (ND Ala.)*
541.Calif.3. Thomas v. Nevada Club. (San Francisco Muni. Ct., #447044.)*
541.Fla.2. Dresner v. City of Tallahassee. (U.S.S.C., #35.) (84 S. Ct. 235.) Facts: VIII DOCKET 56, 115, 145. Dec. 2, 1963: U.S.S.C. certified exhaustion of remedies questions to Fla. Sup. Ct.
541.Fla.3. Smith, Callender and O'Connor v. Florida. (Ocala.) (Fla. Sup. Ct.)*
541.Fla.4. Lamb v. Hillsborough County Aviation Auth. (SD Fla., #4020.)*
541.Ga.2. Georgia v. Defs. (Atlanta.) (Atlanta City Ct., Fulton Co. Crim. Ct.)*
541.Ga.3. Georgia v. Rev. Moss. (Atlanta.) (Fulton Co. Crim. Ct.)*
541.Ga.5. Georgia v. Defs. (Atlanta.) (Atlanta City Ct.)*
541.Ill.1. Wright v. C. B. & Q. RR., Vanderbilt Better Tours. (ND Ill., #62 C 1282.) Facts: VIII DOCKET 115. Oct. 13, 1963: DC gave judgment for Pls.: $2000 plus $1500 attorney fees. Nov. 13, 1963: Defs.' appeal pending.
541.La.1. Adams v. City of New Orleans. (CA 5.)*
541.La.2. U.S. v. New Orleans, Aviation Bd. and Interstate Hosts, Inc. (ED La., #19898.)*
541.La.5. Louisiana v. Walmsley, Trailways Station Mgr. (Shreveport.) (Caddo Parish Ct.)*
541.La.6. U.S. v. City of Shreveport. (formerly v. Local Officials.) (CA 5.) (216 F.2d 928, 8 RRLR 595.) Facts: VIII DOCKET 56. 1962: DC found City-Def. maintained segregated restrooms in municipal airport. Def.-owner of airport restaurant discriminated, held such segregation undue burden on interstate commerce, issued injunction. May 22, 1963: CA 5 aff'd without opinion.
541.Miss.1. Mississippi v. Farmer, "Freedom Riders." (Jackson.) (Miss. Sup. Ct.)*
541.Miss.4. Mississippi v. Frieze, Carey, Luster. (Jackson.) (Miss. Sup. Ct.)*
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541.Miss.6. Bailey v. Atty. Genl. Patterson. (Jackson.) (CA 5.) (369 U.S. 31.) Facts: VIII DOCKET 57, 87, 116. Sept. 22, 1963: CA 5 reversed: because segregation remains Mississippi policy, because Defs. segregate in face of earlier ct. decisions, Pls. entitled to injunction in class action, despite Defs.' plea that segregation has been discontinued.
541.Miss.7. U.S. v. Fraiser. (Greenwood.)*
541.Miss.8. Mississippi v. Moses. (McComb.) (Cir. Ct.)*
541.Miss.9. U.S. v. Mayor and Selectmen of McComb City. (SD Miss., #3215.)*
541.Miss.10. Burt v. CORE (formerly CORE v. Douglas.) (McComb.) (U.S.S.C., #301) (318 F.2d 95.) Facts: VIII DOCKET 57, 116, 145. Oct. 14, 1963: U.S.S.C. denied cert.
541.Miss.13. Mississippi v. Rev. Chas. Jones, Taylor and G. Jackson. (Jackson.) (Jackson Muni. Ct.)*
541.Miss.14. U.S. v. City of Jackson (formerly v. Jackson City Officials.) (SD Miss.) (CA 5.) (206 F. Supp. 45, 318 F.2d 1.) Facts: VIII DOCKET 57. 1962: DC denied preliminary injunction. May 13, 1963: CA reversed with instructions to DC to issue injunction: (1) racial signs were commands; (2) maintenance of separate facilities discriminatory even if their use not compelled; (3) U.S. has standing to sue non-carrier governmental agencies under Interstate Commerce Act when they command carriers to discriminate; (4) U.S. can sue under Commerce Clause of U.S. Constitution to remove undue burdens on interstate commerce.
541.Miss.15. Mississippi v. Bell. (Jackson.) (Jackson City Ct.)*
541.Miss.16. U.S. v. Oxford City Officials. (Oxford.) (DC Miss.)*
541.Miss.17. Mississippi v. Nelson, Thompson and Smith. (Poplarville.) (Pearl River Co. Ct.)*
542. In Intrastate Facilities (and see 51, 54, 55, 58)

542.4. Evers v. Dwyer. (Memphis.) (DC Tenn.)*
542.12a. Shuttlesworth v. Alabama. (Ct. of App.; Ala. Sup. Ct.) (6 RRLR 969, 1089; 7 RRLR 114.) Facts: VIII DOCKET 58. Dec. 11, 1962: Ct. of App. dismissed motion for rehearing of order denying habeas corpus: (1) Def. now free on bail set by DC pursuant to U.S.S.C. order (82 S. Ct. 551), and not detained within the meaning of Ala. statute; (2) Def's. motion an attempt to go behind conviction for inciting a misdemeanor denied because irregularity of conviction does not appear from the face of record; refused to treat petition in alternative as petition for writ of error coram nobis. Apr. 4, 1963: Sup. Ct. denied cert.
542.16. City of Montgomery v. Taylor. (Montgomery City Ct.)*
542.17. City of Petersburg v. Defs. (Petersburg Muni. Ct.)*
542.20. Georgia v. Defs. (Macon.) (Macon Muni. Ct.)*

See summary of Albany cases at 55.

542.21. Georgia v. 5 Defs. (Albany.) (Albany Recorder's Ct.)*
542.21a. Georgia v. Forman, Lee, Collings. (Albany.) (Albany Super. Ct.)*
542.21b. Georgia v. 267 Defs. (Albany.) (Albany Recorder's Ct., Juvenile Ct.)*
542.21d. Georgia v. 198 Defs. (Albany.) (Albany Recorder's Ct.)*
550. Miscellaneous Racial Discrimination (and see 51, 54, 55, 58)
551. In Recreational Facilities

551.Ark.1. Freeman v. City of Little Rock. (ED Ark., W. Div., #LR-62-C-40.)*
551.Calif.5. Santa Clara Voiture 365 v. American Legion 40 & 8 Society. (Santa Clara Super Ct., #110512.)*
551.Calif.9. Lowe v. Given and Donaldson d/b/a Park Lane Hotel. (Menlo Park.) (San Mateo Super. Ct.)*
551.Fla.5. Bohler v. Lane, Mayor of Tampa. (SD Fla., #3809.)*
551.Ga.4. Wright v. Georgia. (Savannah.) (U.S.S.C.)*
551.Ga.5. King v. Mayor Hartsfield, Judge Webb. (Atlanta.) (ND Ga., #7603.)*
551.Ga.7. Georgia v. Defs. (Atlanta.) (Fulton Co. Crim. Ct.)*
551.Ga.8. Patterson v. MacLean. (Savannah.) (SD Ga. #1321.)*
551.Ga.9. Law v. Jekyll Island State Park Auth. (ND Ga.) 1963: Pl. seeks desegregation of state park.

NAACP Legal Defense & Educ. Fund, NYC.

551Ky.1. M. Switow & Sons Enterprises, Inc. v. Lexington Chap., CORE. (Fayette Co. Cir. Ct., #9613.) Facts: VIII DOCKET 59. After agreement reached ending discrimination against Negro theatre patrons, suit dismissed.

And see 552.Ky.1.

551.Ky.2. Walker v. Bd. of Educ. (Richmond.) (ED Ky., #238.)*
551.La.3. Bates v. Sheraton Corp. of America. (New Orleans.) (MD La., #12,940.) (8 RRLR 625.) Facts: VIII DOCKET 87. May, 1963: 3-judge ct. held: fedl. ct. can consider questions before state ct. as statute shows clear intent to command segregation, (2) discrimination under state statute unlawful, (3) state statute (L.S.A.—R.S. 14:317) unconstitutional.
551.La.4. Bynum v. Schiro. (New Orleans.) (ED La., New Orleans Div., #12439.) 1963: Negro-Pls., officers of NAACP, sued for injunction. July 1, 1963: 3-judge fedl. ct. granted injunction, held: (1) city may not constitutionally use police power to require segregation of public facilities; (2) state segregation statute unconstitutional (L.S.A. 4:451 et seq.); (3) denial of use of auditorium to groups advocating desegregation denies due process as it is conditioned on giving up right to speak freely; (4) denial of auditorium to NAACP, when White Citizens' Council could use it, violates Equal Protection clause.
551.Md.1. Griffin, Drews v. Maryland. (Baltimore.) (U.S.S.C., ##26, 7, 6.)*
551.Md.2. Statom v. Co. Commissioners. (Prince George Co.) (Md. Ct. of App.) Facts: VIII DOCKET 145. Nov. 14, 1963: Ct. of App. reversed, remanded to cir. ct. for trial. Pending.
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551.Miss.2. U.S. v. Harrison Co., Co. Bd. of Supervisors, Co. Sheriff, City of Biloxi, City Mayor, Police Chief. (CA 6.)*
551.Miss.3. Mississippi v. Defs. (Jackson.) (Jackson Muni. Ct.)*
551.Miss.4. Pls. v. City of Jackson. (CA 5, #19961.)*

And see 555.Miss.1.

551.NY.8. New York v. Komisar. (NYC Adolescent Ct.)*
551.NC.4. Edwards v. Abercrombie Enterprises. (Durham.) (MD N.C., #C-138-D-62.) Facts: VIII DOCKET 117, 146. April, 1963: Trial held. Pls. desegregated theater.
551.Pa.5. Lackey v. Sacoolas. (Lancaster Co. Ct.) (Pa. Sup. Ct.) (191 A.2d 395.) 1960: Negro-Pls. sued, alleging Def. discriminated in operation of swimming pool in violation of public accommodations statute (18 P.S. 4654). 1961: Co. Ct. granted injunction, rejecting individual Def.'s protest that pool leased to co-Def. (private club) of which Pls. are not members. June 7, 1963: Pa. Sup. Ct. aff'd: (1) individual Def. is owner and operator, the lease on its face a subterfuge; (2) swimming pool is a public accommodation; (3) though statute is penal, it provides a cause of action for equitable relief.
551.SC.4. Brown v. S.C. State Forestry Comm. (CA 5.) Facts: VIII DOCKET 60. July 10, 1963: DC issued injunction desegregating facilities. State closed the park. Appeal pending.
551.SC.5. Walker v. Shaw. (Greenville.) (CA 4.) (209 F.Supp. 569.) Facts: VIII DOCKET 60. Pls. appeal to CA 4 pending.
551.Tenn.8. City of Knoxville v. Defs. (Knoxville Muni. Ct.)*
551.Va.7. Virginia v. James. (Hampton.) (Hampton Cir. Ct.)*
551.Va.9. Pls. v. City of Richmond. (Richmond Hustings Ct.)*
551.Va.10. Blackwell v. Harrison. (ED Va., Alexandria Div., #2873.) (8 RRLR 635.) June 27, 1963: 3-judge fedl. ct. held: (1) state statute requiring separate seating in movie houses unconstitutional; (2) state and local officials dismissed as Defs. because Pls. not threatened with enforcement of statute's penal provisions; (3) as Defs. had begun to seat Negroes voluntarily, prayer for injunction moot.
552. In Dining Places (and see 51, 54, 55, 58)

552.Ala.4a. City of Montgomery v. King and Embry. (Ala. Ct. of Appeals.)*
552.Ala.10. City of Birmingham v. Burks. (Birmingham Muni. Ct.)*
552.Ark.2. Briggs v. Arkansas. (Ark. Sup. Ct.) (367 S.W.2d 750, 8 RRLR 404.) Facts: VIII DOCKET 61, 146. May 13, 1963: Ct. reversed breach of peace conviction: no evidence; affirmed criminal trespass convictions: (1) making trespass after warning a criminal offense is not denial of due process; (2) no evidence of discriminatory application of statute; (3) no right to be served at lunch counter in absence of public accommodations statute. ePnding.
552.Del.2. Mitchell v. Alcoholic Beverage Control Comm. (Polktown) (New Castle Co. Super. Ct., #1107, 1959.) 1963: Negro-Appt. applied for liquor license; refused because there were enough bars in the neighborhood, and no showing of unsatisfied demand for alcohol. June 21, 1963: Ct. reversed Appee. and ordered license issued: (1) none of bars presently licensed served Negroes; (2) Appt. had standing to assert the rights of other Negroes affected by practices of Appee's licensees as well as to protest Appee.'s decision; (3) licensees may not refuse to serve Negroes.
552.Fla.4. Florida v. Robinson. (Shell City, Miami.) (U.S.S.C.)*
552.Ga.10. Georgia v. King. (Atlanta City Ct.)*
552.Ga.11. Georgia v. Def. (Atlanta.) (City Ct.)*
552.Ga.13. Georgia v. 8 Drs. (Atlanta.) (Fulton Co. Ct.)*
552.Ky.1. Kentucky v. Defs. (Louisville.) (Muni. Ct.)*

And see 551.Ky.1.

552.Ky.2. Kentucky v. Defs. (Louisville.) (Muni. Ct.)*
552.La.1. Garner, Briscoe, Hoston v. Louisiana. (Baton Rouge.) (U.S.S.C.)*
552.Md.4. Maryland v. Wagner. (Queenstown.) (Centerville Muni. Ct.)*
552.Md.5. Bell v. Maryland. (Baltimore.) (U.S.S.C., #12.)*
552.Mo.2. Missouri v. Def. (Columbia.) (Police Ct.)*
552.NC.4. Williams v. North Carolina. (Monroe.) (U.S.S.C., #10.)*
552.NC.10. North Carolina v. Defs. (Rutherford.) (Muni. Ct.)*
552.NC.11. North Carolina v. Nelson. (Statesville.) (Crim. Ct.)*
552.SC.2. Fields v. South Carolina. (Orangeburg.) (S.C. Sup. Ct.) (131 S.E.2d 91.) Facts: VIII DOCKET 62, 87, 118. On remand, S.C. Sup. Ct. again affirmed convictions. Defs. appealed to U.S.S.C. Oct. 21, 1963: U.S.S.C. granted cert., reversed and remanded. Pending.
552.SC.2b. South Carolina v. Davis. (U.S.S.C.)*
552.SC.3a. Barr and Bouie v. South Carolina. (U.S.S.C., ##90, 159.)*
552.SC.3c. South Carolina v. Carter. (Columbia.) (Richland Co. Ct.)*
552.SC.4. City of Rock Hill v. Henry. (U.S.S.C., #97.) Facts: VIII DOCKET 62. Oct. 14, 1963: U.S.S.C., per curiam, granted cert., vacated judgment, remanded to S.C. Sup. Ct. in light of Edwards, 552.SC.3b, (372 U.S. 229).
552.SC.4b. South Carolina v. Rev. Ivory, Dietrich, Hackley. (Rock Hill.) (Muni. Ct.)*
552.SC.4c. South Carolina v. Ivory. (Rock Hill.) (York Co. Cir. Ct.)*
552.SC.4d. City of Rock Hill v. Hamm. (U.S.S.C.)*
552.SC.6. City of Florence v. George. (Florence Co. Cir Ct.)*
552.SC.7. City of Spartanburg v. Defs. (Spartanburg Recorder's Ct.)*
552.SC.9a. City of Darlington v. Stanley. (U.S.S.C.)*
- 31 -

552.SC.10. Mitchell v. City of Charleston. (U.S.S.C., #89.)
552.SC.11. South Carolina v. 8 Defs. (Greenville.)*
552.SC.12. Rev. J. W. Mungin v. Siokos. (Columbia, S.C.) (City Ct.) Oct. 5, 1963: City Judge dismissed suit against white-Def., for allegedly threatening to shoot Negro-Pl., who sought service in Def.'s restaurant: said the right to eject from one's place of business is inviolate, "even if it means taking a human life."
552.Tenn.4a. City of Nashville v. Carnaham. (Nashville.) (Cir-Ct.)*
552.Tenn.8. Tennessee v. Lewis. (Nashville.) (Crim. Ct.)*
552.Va.5. Randolph v. Virginia. (Richmond.) (Va. Sup. Ct. of App.) Facts: VIII DOCKET 63, 146. Cite: 374 U.S. 97.
552.Va.9. Virginia v. Allen. (Hopewell.) (U.S.S.C.)*
552.Va.10. Virginia v. Brumback. (Lynchburg.) (Va. Sup. Ct. of App.) Facts: VIII DOCKET 63, 146. Cite: 374 U.S. 100.
552.Va.10a. Wood v. Virginia. (Va. Sup. Ct. of App.)
533. In Other Facilities (and see 42)

553.Ala.1. Alabama v. Defs. (Talladega.) (Muni. Ct.)*
553.Calif.1. Neville v. Peralta Steam Baths. (Berkeley Muni. Ct.)*
553.Ga.1. Henderson v. Grady Hotel Corp. (Atlanta.) (ND Ga. #8488.) 1963: Pl-white sued to desegregate hotel. Sept. 1, 1963: DC granted Def.'s motion to dismiss; held white Pl. had no standing. Appeal to CA 5 pending.

Henry M. Henderson, Esq., Box 248, Atlanta, Ga.

553.Miss.1. Mississippi v. Defs. (Jackson.) (Muni. Ct.)*
553.NY.1. Patterson v. Max Beauty Salon. (Minneola, L.I.) (Nassau Co. Dist. Ct.)*
553.Pa.1. Johnson v. Cafaro. (Ct. of Common Pleas., Dauphine Co., Pa., #521-1963.) Facts: VIII DOCKET 147. Defs. appeal pending.
553.Tenn.1. Tennessee v. Freeman and Exum. (Memphis.) (Memphis Muni. Ct.)*
553.Tenn.2. Ford v. Tennessee. (Memphis.) (U.S.S.C., #15.)*
553.Va.5. Dixon v. Duncan. (ED Va., Alexandria Div., Civ. #2906-M) (218 F.Supp. 157; 8 RRLR 396.) May 21, 1963: Pl., white inmate of Dist. of Col. Reformatory in Va., sued to enjoin integration of remaining all-white dormitory. Pl. alleged Negro students allowed to choose integrated or all-Negro dorms, while whites told to accept integration or be punished. DC held: (1) Defs. action unlawful discrimination and deprivation of Pls. rights; (2) Pl.'s standing to sue not affected by his status as prisoner. DC enjoined integration unless carried on without regard to race.
554. In Hospitals

554.Ga.1. Dr. Bell v. Grady Memorial Hospital. (Atlanta.) (ND Ga., #7966.)*
554.Ill.1. Dr. Morris, Jr. v. Chicago Hospital Council. (ND Ill., E. Div., #61 C 232.)*
554.NC.1. Simkins and U.S. v. Moses H. Cone Memorial Hospital and Wesley Long Community Hospital. (Greensboro.) (CA 4.) Facts: VIII DOCKET 64, 88. Nov. 1, 1963: CA 4 reversed (3-2), held "separate-but-equal" provisions of Hill-Burton Act unconstitutional; federal and state governments significantly involved in operation of hospitals. Defs. appeal to U.S.S.C. pending.
554.NC.2a. Eaton v. Grubbs. (CA 4.) Facts: VIII DOCKET 64. 1963: Defs.' motion to dismiss granted. Pls. appeal to CA 4 pending.
554.NC.3. Dr. Hawkins v. N.C. Dental Society and Second Dist. Dental Society. (WD N.C., #1505.)*
554.NC.4. Porter v. N.C. Hospitals Bd. of Control. (DC N.C.)*
554.SC.1. Rackley v. Bd. of Trs., Orangeburg Regional Hospital. (ED S.C., Columbia Div., #AC-887.)*
554.Va.1. Wood v. Hogan. (CA 4.) Facts: VIII DOCKET 64, 119, 147. Pls. appeal to CA 4 pending.

And see 555.Va.1.

555. In Government Facilities: Omnibus Suits

555.Ala.2. Faulkner v. City of Gadsden. (ND Ala., Birmingham Div.)*
555.Ala.3. Smith v. City of Birmingham. (ND Ala., S. Div.)*
555.Ala.4. Gardner v. Kendrick. (Birmingham.) (ND Ala., S. Div.)*
555.Fla.2. Brown v. Bryant. (SD Fla., Miami Div., #63-161.)*
555.Miss.1. Clark v. Thompson. (DC Miss.)
555.Va.1. Thaxton v. Vaughan (formerly Wood v.) (WD Va., Charlottesville Div., #535.) (CA 4, #8689, 8874.) (8 RRLR 601.) Facts: VIII DOCKET 65, 147. Correction: In #8689, CA ordered courtroom desegregated, if Pls.' allegations proved. In #8874, CA aff'd DC refusal to desegregate city nursing home, because Pls. not members of class they sought to represent, but rejecting DC view of sound medical practice; aff'd DC refusal to order desegregation of armory, because Pls. refused to join city mgr. as Def. and city had sold armory to private group.
555.Va.2. Rev. Dunlap v. Councilmen of City of Danville. (WD Va., Danville Div.)*
560. Family Matters—Racial, Religious Problems
561. In Marriage and Divorce

561.3. Hoffman v. Florida. (U.S.S.C.) 1963: Defs. convicted under statute forbidding Negroes and whites of opposite sex from occupying room together overnight. Trial court ruled: defense of marriage not available, since state law forbids interracial marriages. Fla. Sup. Ct. affirmed. Petition for cert. pending.

NAACP Legal Defense & Educ. Fund, NYC.

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562. In Adoption Proceedings

562.4. Re J. Rockefeller. (Sup. Ct., Mineola.)*
563. In Custody Proceedings

563.9. Potter v. Potter. (Mich. Sup. Ct., #50,169.)*
564. In Miscellaneous Proceedings
570. Employment
571. Racial Discrimination Against Teachers

571.10. Owens v. School Dist. #36, Pulaski & Alexander Co. (ED Ill., #1886-D.) Facts: VIII DOCKET 66. Nov. 21, 1963: Def.-Bd. agreed to rehire dismissed Pl. for first vacancy. Suit dismissed.
571.11. Connellsville Joint School Bd. v. Pa. Human Rights Comm. (Ct. of Com. Pleas, Dauphin Co., #397-1962.)*
571.12. U.S. v. Bd. of Educ. (Greene Co., Miss.) (SD Miss. Hattiesburg Div., #1729.)*
571.13. Sylvia Taylor v. Chicago Bd. of Educ. (Ill. FEPC, #62-1.)*
571.14. Henry v. Coahoma Co. Bd. of Educ. (ND Miss.)*
571.15. Ross and Simmons v. Taylor Township Bd. of Educ. (Mich. Sup. Ct.) Sept. 1, 1959: Negro-Comps. filed claim with Mich. F.E.P.C., alleging failure to hire as teachers because of race. Comm. found probably cause, was unable to conciliate. Jun.-Jul. 1960: F.E.P.C. held public hearings, entered cease and desist order. Appeals pending: Resp. appeals order; Atty. Gen. has petitioned for writ of general superintending power.
572. Racial Discrimination by Government Agencies

572.11. Kenosha Co. Dept. of Public Welfare v. Industrial Comm. of Wis. (Dane Co. Circ. Ct., #112278.) Aug. 1961: Negro-Comp. applied to Appt. for job as social worker, passed test, certified as eligible. Appt. later advertised for social worker, hired uncertified applicant, though Compt.'s eligibility had recently expired. Appee. found on hearing that Appt. discriminated. Ct. affirmed.
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.
573.4. Bishop Childs v. Rockefeller, Wagner. (SD NY, #632,-127.)*
573.4a. Gaynor v. Rockefeller. (NYC) (NY Sup. Ct., NY Co., #15038-1963.) Sep. 24, 1963: Pl. sued to restrain nine unions from discriminatory practices, and to enjoin state and city officials from expending public funds on projects where labor is recruited from Def. unions. Statutes: 42 U.S.C. §§1981, 1983; N.Y. Const. Art. I, §11; N.Y. Exec. Law §296; N.Y. Civ. Rights Law §43, N.Y. Pen. Law §700. Issues: (1) whether public officials and contractors on public projects have duty not to discriminate in hiring; (2) whether officials may delegate hiring authority to unions which discriminate; (3) whether unions must process applications for membership and employment in chronological order rather than on basis of race; (4) whether Def. unions may be compelled to submit their criteria for membership to judicial review.

Robert L. Carter, Esq., NAACP, 20 W. 40th St., NYC 18.

574. Racial Discrimination by Transportation Companies

574.8. Cooks v. Bro. of Railway Carmen, Locals 991 and 783; and Texas and New Orleans R.R. Co. (SD Tex., Houston, #12329.)*
574.16. Baker v. Bro. Ry. & Steamship Clerks, Louisville & Nashville R.R. (WD Ky., #4605.) Jy. 26, 1963: Complaint filed charging Def.-Union and Def.-Co. with discrimination in employment, upgrading and transfer. Defs.' motions for summary judgment pending.

James A. Crumlin, Esq., 608 W. Walnut St., Louisville, Ky.

574.17. Wilcox v. Jacksonville Terminal Co. (Jacksonville, Fla.) (MD Fla.) June 13, 1963: 28 Negro-Pls. sued to enjoin discrimination by Def.-Terminal Co. and Rlwy. Clerks' union as bargaining representative, for court order consolidating Negro and white locals, and for compensatory and punitive damages. Both Defs. filed motions to dismiss. Pending.
575. Racial Discrimination by Unions
Law review article: Jeffrey M. Albert, NLRB-FEPC? 16 Vanderbilt 547-93.
575.15. Sells v. Intl. Bro. of Firemen and Oilers. (WD Pa)*
575.18. Pls. v. Bro. of RR Trainmen. (ED Mo.)*
575.19. Randolph v. Intl. Exec. Bd., Am. Federation of Musicians. (DC Ohio, #6727.)
575.20. Lefkowitz v. Farrell, Pres., Local 28, Sheet Metal Workers' Intl. Assn., Joint Apprenticeship Comm. (formerly N.Y. v. Local 28.) Facts: VIII DOCKET 148. Further allegations: None of Local's 3,000 members are Negroes; none of 475 apprentices are Negroes. Aug. 2, 1963: Commr. found probable cause. Dec. 1963: Public hearing.

George Zuckerman, Asst. NY Atty. Genl., 80 Centre St., NYC.

576. Other Racial and Religious Discrimination
Comments:

State anti-discrimination acts and interstate commerce. 32 Cincinnati 313-23.

Pennsylvania law and discriminatory employment practice. 36 Temple 515-50


576.13. Calhoun v. General Motors. (Michigan FEPC, #1165.)*
576.14. Cohen v. River Rouge Savings Bank. (Wayne Co. Cir. Ct.) Dec. 14, 1959: Negro-Comp. alleged failure to hire because of race. Mich. F.E.P.C. found probable cause, unable to conciliate. Nov. 1960: Comm. held public hearing, issued cease and desist order. Resp. appealed. Dec.
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12, 1963: Comp., Resp., Comm. reached agreement before Cir. Ct.: Comp. given $500 for expenses to pressing his claim (Comp. had become self-employed in interim); Resp. hired Negro trainee-teller, agreed to promulgate a non-discrimination policy.
576.15. Re Black. (Cal. Unemployment Insurance Appeals Bd.) Comp. filed claim for unemployment insurance benefits after resigning from sales job with F. E. Compton & Co., encyclopedia co.; Comp. was told not to offer credit to Negroes unless exceptional financial stability demonstrated. On appeal from denial of benefits, Bd. held Comp.'s resignation from firm practicing racial discrimination was for "good cause," entitling Comp. to benefits. Co. filed unsworn statement denying discrimination, but in absence of sworn statement subject to cross-examination, Comp.'s testimony given credence.

David Caldwell, Esq., ACLU, 323 W. Fifth St., Los Angeles 13, Calif.

577. Nationality Discrimination
578. Sex Discrimination

578.1. Beary v. Queens Co. Bar Assn. (N.Y. Sup. Ct., Queens Co., #5394-1960.)*
579. Age Discrimination
580. Civil Actions under Civil Rights Law Not Otherwise Covered (see 304)

580.5. Patterson v. Smith. (ED Mich., S. Div.)*
590. Criminal Prosecution under Civil Rights Law

590.5. U.S. v. Donald Jones, Wm. King. (Birmingham.) (ND Ala.)*
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 Reservations
604. Actions Involving Property Rights
605. Condemnation of Land of American Indian Reservations