Meiklejohn Civil Liberties Institute Archives logo
| HOME | HISTORY | PUBLICATIONS | DOCKETS | FINDING AIDS |

CIVIL LIBERTIES DOCKET
Vol. IX, No. 4
July, 1964
$10.00 per year
Search in this volume

Case Number: 
Enter a specific case number or use * as wildcard, e.g., 303.15, 303.*

Case Title: 
Enter keywords from the title of a case, e.g., carpenters union

Case Description: 
Enter keywords from the description of a case, e.g., segregation school
   

The DOCKET is published four times each year, October to July.
OSMOND K. FRAENKEL, Chairman of DOCKET Board
ANN FAGAN GINGER, Editor
MICHAEL TIGAR, Assistant Editor

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

MATERIAL ON U.S. SUPREME COURT:

Law review articles:

Norman Dorsen, Arthur Garfield Hays conference: The proper role of the U.S. Supreme Court in civil liberties cases. 10 Wayne 457-489.

Edwin W. Tucker, The Supreme Court and the indigent defendant. 37 S. California U. 151-80.

Comment: The powers of the Supreme Court justice acting in an individual capacity. 112 Pennsylvania U. 981-1024.

GENERAL CONSTITUTIONAL MATERIAL:

Symposium: Justice William O. Douglas: Earl Warren, A tribute; Hans Linde, On freedom in the welfare state; Leonard F. Manning, Douglas' concept of God in government; Vern Countryman, The Constitution and job discrimination; Jerre S. Williams and William R. Ming, Jr., Critique of Countryman. 39 Washington U. 1-114.

Law review articles:

Erwin C. Surrency, The lawyer and the revolution. 8 Am. J. of Legal History 125-235.

Robert B. McKay, Stability and change in constitutional law. 17 Vanderbilt 203-19.

Jerre S. Williams, Stability and change in constitutional law. 17 Vanderbilt 221-38.

John G. Wofford, The blinding light: The uses of history in constitutional interpretation. 31 Chicago U. 502-33.

Paul A. Freund, New vistas in constitutional law. 112 Pennsylvania U. 631-46.

Comments:

Thomas W. Top, Judicial review of legislative declaration of emergency. 39 Washington U. 155-65.

Constitutional guarantees of a certain remedy. 49 Iowa 1212-23.

Ross R. Runkel, The abstention doctrine. 39 Washington U. 308-17.

GENERAL ADMINISTRATIVE MATERIAL

Law review articles:

Carl A. Auerbach, Scope of authority of fed'l administrative agencies to delegate decision making to hearing examiners. 48 Minnesota U. 823-84.

Kenneth Kulp Davis, Hearsay in administrative hearings. 32 G. Washington 689-700.

FREEDOM OF SPEECH, PRESS, ASSEMBLY (0-99) See also Association (200-299)
Law review article: Wallace Mendelson, The first amendment and the judicial process: A reply to Mr. Frantz. 17 Vanderbilt 463-78.
10. Licensing
11. Of Meetings (see also 201)
City Attorney's Opinion: Monterey Park, Calif. Muni. Code §§4317, 3245 and Recreation Dept. rules are valid in requiring sponsor's affidavit that a park meeting will not be used for an unlawful purpose, in requiring adequate notice of parades, in authorizing denial of permit when serious breaches of peace may be expected, invalid in requiring disclaimer of sponsor's Communist affiliation, in delegating authority to issue permits to Dept. without standards, in absolutely proscribing amplifying devices.

Charles Martin, Jr., City Atty., 2304 Huntington Dr., San Marino.


11.3a. ACLU of S. Calif. v. Bd. of Educ. of the City of L.A. (U.S.S.C.) Facts: VIII DOCKET 1, 69, 91, 121, IX DOCKET 1. Cite for cert. denied: 375 U.S. 823.
11.15. Fields v. City of Fairfield, Ala. (U.S.S.C., #30.) Facts: VIII DOCKET 69, 91, IX DOCKET 1. Cite: 372 U.S. 940, reversing 143 So.2d 177.
11.16. Tennessee v. Weinberger. (Brownsville.) (Haywood Co. Ct.)*
11.17. Forbes v. Redondo Beach City Council. (Los Angeles Co. Super Ct.)*

A. L. Wirin, Esq., for ACLU of S. Calif., 257 S. Spring St., Los Angeles.
12. Of Motion Pictures (see also 52)
13. Of Peddlers

13.2. City of Indianola v. Defs. (Indianola, Miss.) (City Ct.)*
- 74 -

14. Of Books, Magazines (see also 52)

14.10. Haiman and Grove Press v. Morris. (Ill. Sup. Ct., #37276.)*
14.10a. Grove Press and Henry Miller v. Morris. (ND Ill., E. Div., #61 C 1784.)*
14.11. Grove Press v. Calissi, Bergen Co. Pros. (U.S.S.C.)*
14.12. Arnebergh v. Zeitlin. (U.S.S.C., #584.) Facts: VIII DOCKET 2, 69, 121, IX DOCKET 36. Cite for cert. denied: 375 U.S. 957.
14.13. Grove Press v. Gerstein. (U.S.S.C., #718) (156 So.2d 537.) Facts: VIII DOCKET 2, 121. June 22, 1964: U.S.S.C., per curiam, granted cert., reversed. Warren, C. J., Clark, Harlan, JJ. diss. from grant of cert.
14.15. Larkin v. G. P. Putnam's Sons. (NY Ct. of App.)*
14.16. Tralins v. Gerstein. (U.S.S.C., #246.) (151 So.2d 19.) Facts: VIII DOCKET 6, 71, 93 at 52.37. June 22, 1964: U.S.S.C., per curiam, granted cert., reversed. Warren, C. J., Clark, Harlan, JJ. diss. from grant of cert.
14.17. Hudson Co. News Co. v. Sills. (U.S.S.C., #1037.) (195 A.2d 626.) Facts: IX DOCKET 1. June 22, 1964: U.S.S.C., per curiam, dismissed appeal for want of substantial fed'l. question.
15. Of Miscellaneous Activities

15.5. F.C.C. v. Palmetto Broadcasting Co., S.C. (CA DA.)*
15.6. City of Baltimore v. Moore, Henderson. (Crim. Ct.)*
15.7. Coleman v. City of Torrance, Calif. (Super Ct.)*

And see 58.8 and 533.63.
15.8. California v. Canon. (Calif. Sup. Ct.) Facts: IX DOCKET 36. Atty. Genl's. appeal pending.

Marshall Krause, Esq., ACLU of No. Calif., 503 Market St., San Francisco.
15.9. City of San Francisco v. Stephenson. (S.F. Muni. Ct.) June 1964: Def. distributed religious tracts, accepted contributions without permit required by Police Code; arrested. June 17: Muni. Ct. granted Def.'s motion to dismiss.

Marshall Krause, Esq., for ACLU of N. Calif., 503 Market St., San Francisco.
20. Administrative Restrictions
21. By U. S. Customs
22. By U. S. Postmaster

22.15. Heilberg v. Fixa. (ND Calif., #41660.) Facts: VIII DOCKET 122, IX DOCKET 2. Sept. 15: 3-judge ct. trial.
22.16. Amlin v. Postmaster General. (SD Calif., #63-635-PH.)*
22.17. McReynolds, Pappenheim v. Christenberry. (formerly McReynolds v.) (SD NY.) Facts: IX DOCKET 36. April 9, 1964: Pl. filed supplemental pleading, adding a second Pl. who ordered books by Engels, G. Thomson, and Anna Louise Strong from N.Y. bookseller, received card from postal officials asking whether he wished to receive "Communist political propaganda." Pl. requested further information of Def.; books delivered. Pls. seek declaratory judgment that 39 USC §4008 is unconstitutional, expunging Pls.' names from all records maintained in connection with censorship of alleged Communist propaganda, and injunction against delaying or processing mail deemed Communist propaganda.
23. On Government Information and Secrecy
24. On Students and Professors (see also 223, 262, 281 and 342)
Law review article: George R. Coan, Dismissal of California probationary teachers. 15 Hastings 284-309.

Comment: Dismissal of permanent teacher for public criticism of school system. 15 Hastings 360-63.

See Henry, 571.14.


24.20. Koch v. Bd. of Trustees, U. of Illinois. (U.S.S.C.) Facts: VIII DOCKET 9, 92, 122, IX DOCKET 36. Cite for cert. denied: 375 U.S. 989.
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.) Facts: VIII DOCKET 122, IX DOCKET 36. June 8, 1964: U.S.S.C. denied motion for leave to file petition for mandamus (sub nom. Schwartz v. Underwood).
24.29. Re Gordon Lish. (San Mateo Union High School Dist. Bd. of Trs.)*
24.30. Morial v. Orleans Parish School Bd. (ED La.)*
24.31. Finot v. Pasadena Bd. of Educ. (Los Angeles Super Ct., #827326.)*
24.32. Woods v. Wright. (Birmingham.) (ND Ala., S. Div., #63-249.)*
24.33. Re Gloria Rackley. (Orangeburg, S.C. School Bd.)*
24.34. Due v. Florida A & M Univ. (Tallahassee.) (ND Fla., Civ., #947.) (8 RRLR 1396.) Oct. 3, 1963: Pls.-Negro students at Def.-Univ. convicted of criminal contempt of Leon Co. Cir. Ct. Oct. 17: Def.-Univ. Dean told Pls. to return to school, see Disciplinary Comm. chairman. Chairman examined Pls. about Cir. Ct. convictions. At 10:30 p.m. that evening, Pls.' atty. telegraphed Def's. president, demanding public hearing with rights of confrontation and cross-examination. Oct. 19: Pls. received notice of indefinite suspension from Def.-Univ. Oct. 24: Pls. filed suit in DC for reinstatement. Nov. 12: Pls. appealed action of Univ. Disciplinary Comm. to Fla. State Bd. of Control. Nov. 18: DC denied Pls.' motion for preliminary injunction: (1) Pls. counsel stipulated to fact and validity of Cir. Ct. contempt convictions; (2) notice and opportunity to be heard, citing Dixon v. Ala. State Bd. of Educ. (294 F.2d 150) were given; (3) Def.-Univ. had authorized Comm. to proceed
- 75 -

as it did, its order is therefore prima facie valid. Dec. 7: Bd. of Control unanimously affirmed Univ. Disciplinary Comm.

Tobias Simon and Herbert Heiken, Esqs., 223 SE First St., Miami, Fla.
25. On Miscellaneous Activities

25.11. Belshaw v. City of Berkeley. (Alameda Co. Super. Ct.) Facts: VIII DOCKET 122, IX DOCKET 37. July 30: hearing.
25.12. Forstner v. Civil Service Comm. (formerly v. Personnel Bd.) (San Francisco Super. Ct.) Facts: IX DOCKET 37. May 15, 1964: Super. Ct., after hearing, ordered Pl. reinstated with full back pay: prohibition on beard-wearing is unjustified interference with Pl.'s personal life—a "nitpicking blockade which forces him to choose between his career and a surrender of the right to control his own personal appearance within the bounds of propriety." Def.'s appeal pending.
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.)*
30.7. Young v. Motion Picture Assn. of America, Inc. (DC DC.)*
30.13. Turn Toward Peace v. Al Molaikan Temple. (Los Angeles Muni. Ct., #908264.)*
30.14. Fort v. Co. of Alameda. (Calif. Sup. Ct.) Facts: VIII DOCKET 92. Transferred from DCA; decided with Kinnear, 30.14a. May 29: Calif. Sup. Ct. affirmed Super. Ct.: (1) Alameda Co. charter provision prohibiting political activity is overbroad, infringes on First Amendment rights; (2) Pl. must be reinstated.
30.14a. Kinnear v. City and Co. of San Francisco. (Calif. Sup. Ct.) 1959: Pl.-deputy sheriff fired when he filed as candidate for public office: sheriff. Similar charter provision to that in Fort, 30.14, invoked. Decided with 30.14.

And see Hilburn, 251.16.
40. Contempt (see also 63)
41. Of Federal Courts

522.Miss.1b. U.S. v. Barnett. (U.S.S.C., #107) (316 F.2d 236) Facts: VIII DOCKET 47 at 522.Miss.1, IX DOCKET 24 at .Miss.1a. Apr. 6, 1964: U.S.S.C. (5-4) answered CA 5 query: Def. not entitled to jury trial, Clark, J.: "It has always been the law of the land, both state and federal, that the courts—except where specifically precluded by statute—have the power to proceed summarily in contempt matters." But see note 12: "Some members of the Ct. are of the view that, without regard to the seriousness of the offense, punishment by summary trial without a jury would be constitutionally limited to that penalty provided for petty offenses." Goldberg, J. (Warren, C.J., Douglas, J) diss.: Def. had statutory right to jury trial under 18 U.S.C. §3691 because DC was source of order, violation was criminal offense under 18 U.S.C. §1509, suit brought by Meredith, not U.S.; also had constitutional right, Art. III, §2, Sixth Amendment. Black, J. (Douglas, J.) diss.: "As I said in Green [365 U.S. 165, 193], I think that this doctrine that a judge has "inherent" power to make himself prosecutor, judge and jury seriously encroaches upon the constitutional right to trial by jury and should be repudiated."
42. Of State Courts
Case notes: Publication of false or grossly inaccurate report of judicial proceeding (Penal Law, §600 (7))—necessity of intent to assail dignity and authority of court: People v. Post Standard Co. (195 N.E.2d 48, 1963) 28 Albany U. 285-89.

Right of press to refuse to disclose confidential sources of information: In re Taylor (193 A.2d 181, 1963) 10 Wayne 599-601.


42.11. Louisiana v. Defs. (19th Jud. Dist. E. Baton Rouge Parish.)*
42.12. Re Dawley and Holt. (Va. Sup. Ct.)*
42.17. Ex parte Mary Hamilton. (U.S.S.C.) Facts: IX DOCKET 3, 37. Cite: 376 U.S. 650.
42.18. In re Will Harrison. (Dona Ana Co. Dist. Ct., #11060; N.M. Sup. Ct.) Nov. 12, 1963: Def. wrote column questioning lenient treatment given Asst. DA Morris convicted of involuntary manslaughter (DA, drunk, rammed another car, killed 5 persons, fined $1000 and probation), contrasted with treatment given Mexican-Def. in similar case: 1-5 yrs. Jan. 24, 1964: After 5 other columns by Def. on DA's case, DA's atty. moved in Dist. Ct. to have Def. found in criminal contempt. Mar. 27: Def. found guilty; 10 days. Appeal pending. Issues: (1) Def.'s publication did not interfere with pending trial; (2) Can Dist. Ct., by retaining jurisdiction of case until probation period is up for review of sentence, prohibit comment on its actions during probation period?

W. B. Kelly, Esq., Gilbert, White & Gilbert, P. O. Box 787, Santa Fe, N.M.
42.19. Ungar v. Sarafite. (U.S.S.C., #167) (189 NE.2d 629, 190 NE.2d 539) During retrial of Hulan Jack for conspiracy to violate NY's conflict of interest laws, Def.-atty. was hostile prosecution witness who asked for recess due to his mental state, made comments judge found contemptuous in hearing after trial. NY cts. affirmed denial of motion for trial before another judge. Mar. 30, 1964: U.S.S.C. affirmed (6-3), White, J. Harlan, J., conc. Douglas, J. (Black, Goldberg, JJ.) diss.: "An impartial judge, not caught up in the cross-currents of emotions enveloping the contempt charge, is the only one who can protect all rights and determine whether a contempt was committed or whether the case is either one of judicial nerves on edge or judicial tyranny."

Osmond K. Fraenkel, Esq., 120 Broadway, and Emanuel Redfield, Esq., 60 Wall St., NYC.
43. Of Other Agencies (see also 270s, 330s)
50. Criminal Sanctions
Practice Aid: Natl. Lawyers Guild Comm. for Legal Assistance in the South, Attorneys' Brochure on Mississippi Law Relating to Civil Rights and Constitutional Guarantees—1964: Principal U.S. Sup. Ct. and Miss. appellate ct. opinions, texts of 1964 Miss. legislation on picketing, leafleting, obstruction of business, breach of peace, and forms. Southern Guild Office, 507½ N. Farish St., Jackson, Miss.

Law review article: Charles E. Rice, Sit-ins: Proceed with caution. 29 Missouri 39-70.

- 76 -

51. Against Disorderly Conduct and Similar Offenses (see also 55, 541, 542, 551, 552)
And see cases at 304.
51.19. South Carolina v. Carras, Stradley. (Sumter Muni. Ct.)*
51.25. Rev. Cox v. Louisiana. (Baton Rouge.) (U.S.S.C., #735.) Facts: VIII DOCKET 5, 122, IX DOCKET 3, 37. May 4, 1964: U.S.S.C. noted prob. juris.

And see Cox, 51.25a, 53.5.
51.25a. Louisiana v. Rev. Cox. (Baton Rouge.) (U.S.S.C., #934) (158 So.2d 172.) Facts: IX DOCKET 3. May 4, 1964: U.S.S.C. noted prob. juris. To be argued after #735, 51.25.
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.) (Leflore Co. Ct.)*
51.40. Connecticut v. Petty. (U.S.S.C.) Facts: VIII DOCKET 123, IX DOCKET 3. Cite for cert. denied: 375 U.S. 848.
51.41. New York v. 15 Defs. (Rochester Co. Ct.)*
51.42. New York v. 8 Defs. (Manhattan Supr. Ct.)*
51.43. New York v. Blackmon, Beebe and Hicks. (Manhattan Crim. Ct.)*
51.44. City of Plaquemine, La. v. Farmer. (Crim. Dist. Ct.)*
51.45. Alabama v. 200 Defs. (Selma.) (Selma Recorder's Ct., Dallas Co. Ct.)*

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.)*
51.47. District of Columbia v. Am. Nazi Party. (D.C. Muni. Ct.)*
51.48. Tennessee v. Gustafson. (Blount Co. Genl. Sessions Ct., Juv. Ct., # #36761-36770.)*
51.49. Pennsylvania v. 100 Defs. (Media Co. Ct.)*
51.50. Pennsylvania v. Dotort. (Ct. of Quarter Sessions, Phila. Co., #759.) Facts: IX DOCKET 38. On appeal, all Defs. found not guilty of disorderly conduct. Defs. prosecuted again on charges of unauthorized use of city facility (room in which sit-in took place), breach of peace (dismissed). Defs. filed 28 USC §1443 removal petitions; DC remanded, denied injunction against prosecutions. Defs. convicted of unauthorized use of city facility. Appeal pending.
51.51. City of Newark v. Gibson, Wims. (Newark Muni. Ct., # # #57574, 57575.)*
51.52. New York v. Stauble. (Yonkers City Ct.)*
51.53. California v. Huss, Krauss, McLaughlin, Holstein, Reeves. (Los Angeles.) (L.A. Co. Super. Ct., #274332.)*
51.54. Maryland v. Frankhouser. (Riverside Park.) (Muni. Ct.)*
51.55. Mississippi v. Stoner. (Hattiesburg Justice Ct.) (SD Miss.)*
51.56. New York v. World's Fair Defs. (NY Crim. Ct., Queens Co.) Many persons arrested in CORE protest in opening days of World's Fair: disorderly conduct, resisting arrest. Many Defs. pleaded guilty to disorderly conduct, (not technically a criminal offense under NY law); all other charges dismissed. Sentences: $5.-$25.; 5-15 days (suspended).

Schiffer & Cohen, Esqs., 40 E. 49th St., NYC.

And see Collins, 58.24.
51.57. Tennessee v. McKinnie. (Nashville.) (Tenn. Sup. Ct.) (9 RRLR 83.) Oct. 21, 1962: Defs.-Negroes sought service at Nashville restaurant, refused, blocked entrance; arrested: violation of Tenn. Code Ann. §39-1101 (7), §62-711 (conspiring to injure trade and commerce; turbulent conduct within or about hotel, inn, or restaurant). Cir. Ct. jury found Defs. guilty; $50.00 and 90 days. Jan. 8, 1964: Tenn. Sup. Ct. affirmed: (1) possibility that restaurant could not lawfully exclude Defs. irrelevant, because Defs.' conduct clearly prohibited by statutes; (2) indictment sufficiently apprised Defs. of offenses charged; (3) conspiracy may be inferred from nature of acts, relation of Defs., and their common interest; (4) Peterson, 552.SC.8, 373 U.S. 244, and Lombard, 552.La.2, 373 U.S. 267, distinguishable because no blocking of entryways; (5) statutes sufficiently define proscribed conduct; (6) Defs. not prejudiced in jury selection, in drawing of grand and petit jury panels, in inclusion of whites who professed belief in segregation but alleged they could lay such belief aside, or in allowing challenges to Negroes on panel for various reasons. Mar. 9: Rehearing denied.
51.58. Mississippi v. Marcia Moore. (Laurel) (Police Ct.) Jy. 5, 1964: 6 pm: Northern white teacher and student and Negro SNCC worker driving home from Sunday School, followed by police, stopped, questioned, 2 whites taken to police station, questioned separately by Co. Pros. Pickering. Teacher asked address, occupation, offered free busfare to NYC to work in Harlem, "Does your wife know you are traveling around with young girl?" Co. Pros. questioned Def.-Moore, called her parents in Ia. to confirm their approval of her civil rights work. 7:30 pm: Teacher released, told Def.-Moore would be tried Jy. 6 at 3 pm for vagrancy. 11:00 pm: Def. told she needed no attorney; pleaded not guilty; tried; convicted: 10 days, suspended; released.

Many other civil rights workers were similarly questioned, arrested and charged with disturbing the peace, vagrancy, trespass, assault, or disorderly conduct: June 22—4 in Clarksdale; June 26—3 in Belzoni; June 30—1 in Green-
- 78 -

54.3. Diamond v. Louisiana. (U.S.S.C., #100.) Facts: VIII DOCKET 7, 71, 124, IX DOCKET 39. Cite: 376 U.S. 201.
54.6. Georgia v. Perdew, Harris, Allen. (Americus.) (Ga. Ct. of App., #40728.) Facts: VIII DOCKET 124, IX DOCKET 4 (at 54.7a), 39. July 1964: Ct. of App. reversed conviction of Def.-Allen for assault with intent to commit murder: reversible error to deny without hearing Def.'s motion to quash indictment and challenge to array of petit jurors: (1) systematic exclusion of Negroes from grand and petit juries violates due process and equal protection clauses of Fourteenth Amendment; (2) such exclusion may be raised by white-Def., not a member of the excluded class, under Thiel v. Southern Pacific, 328 U.S. 217, held applicable to Georgia state grand and petit juries; (3) but, "were it necessary for the Def. to show prejudice, judicial notice might be taken that where prejudice exists against the advocacy of the Negro's full privileges and duties of citizenship, a white person active in promoting participation in government by Negroes would be the object of as strong adverse prejudice as would a Negro engaged in such activities, and perhaps stronger"; (4) Ga. Code, Tit. 59, proscribes selection of jurors on ground of race.
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.)*
54.8. Louisiana v. Bell. (Clinton.) (20th Jud. Dist. Ct., B4281, B4283-B4293.)*
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.)*
55.18. Alabama v. Dr. McNair. (Talladega Recorder's Ct., #3165 closed; Cir. Ct.)*

And see Alabama v. Gray, 63.2
55.19. Moore v. Louisiana. (U.S.S.C., #734.) (156 So.2d 606.) Facts: VIII DOCKET 7, 94, IX DOCKET 5, 39. Cite for cert. denied: 376 U.S. 912.
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.) Issues arising re removal in these cases reported at 73. under 55.35.
55.36. Chase v. McCain. Chase v. Aiken. (CA 4, ##9081, 9082.)*

SOUTHWEST GEORGIA CASES—ALBANY, AMERICUS, FITZGERALD:
55.37-55.66. All cases pending on appeal.
55.37a. Georgia v. DeLissovoy. (Rec. Ct.) July, 1964: Def.-white SNCC worker, one of Defs. in 55.37, arrested for drunkenness and refusing to leave cafe. Released when cafe owner said Def. was not drunk, had not been asked to leave. Five hours later, Def. arrested for "reckless driving" and driving without license, while going 20 mph. with proof of Georgia license on hand.
55.67. U.S. v. Anderson. (CA 5.)

And
55.68. U.S. v. Rabinowitz. (CA 5.) Facts: VIII DOCKET 126, IX DOCKET 5.

Amicus brief in support of Def.-Rabinowitz filed by 73 scholars: Profs. Matthew J. Ahern, Clyde R. Appleton, Sylvester E. Berki, A. K. Bierman, David Blackwell, Coleman Blease, Francis M. Carney, J. David Colfax, David J. Danielski, Norman Dorsen, Douglas T. Dowd, Robert I. Edenbaum, Richard Estes, Aaron B. Everett, Edward W. Fox, Alan Goldberg, Edmund W. Gordon, Joseph R. Gusfield, Louis M. Hacker, Fowler Harper, Philip Hauser, Mark DeWolfe Howe, Leo A. Huard, Fred M. Hudson, Norman Jacobson, Alfred E. Kahn, Harry Kalven, Jr., Gaylord C. LeRoy, Jack London, Oliver S. Loud, Lucian C. Marquis, George McFadden, Wilson C. McWilliams, Philip Monypenny, Hans J. Morgenthau, Arval Morris, William R. Morrow, J. Neyman, David E. Novack, Arthur Pearl, Daniel H. Pollitt, Arthur J. Robins, Milton I. Roemer, John H. Schaar, John Schuder, Henry Nash Smith, Will Solomon, Ralph Slovenko, Pete Steffens, John M. Swackhamer, Joseph Tussman, Doxey A. Wilkerson, William Appleman Williams, Marshall Windmiller, Robin M. Williams, Jr., H. H. Wilson; student leaders, Paul R. Booth, Galen W. Fox, Todd Gitlin, Thomas Hayden, Neal Johnston, Thomas W. Ramsay, Vance Opperman, Loretta A. Wasmund; Marshall Axelrod, teachers' union leader; Robert Hutchins; Dr. Alexander Meiklejohn; elementary teacher Jessica Davidson; Rev. Howard R. Johnson; Otto Nathan; Norman Uphoff; Mark Van Doren. Ann Fagan Ginger, Laurent B. Frantz, of counsel.

Amicus brief in support of all Defs. by Samuel Rosenwein, Esq., and Ernest Goodman, Esq., for Natl. Lawyers Guild, 2801 Cadillac Tower, Detroit.
55.69. New Jersey v. Whipper. (Elizabeth.) (Union Co. Ct.)*
55.70. New York City v. Defs. *

And see Gaynor, 573.4a.
55.71. Wisconsin v. 3 Defs. (Milwaukee.) (Milwaukee Co. Ct.)*
55.72. Alabama v. 10 Defs. (Selma.) (Crim. Ct.)*
55.73. Georgia v. Tuttle, Jr. (Savannah.) (Chatham Co. Ct.)*
55.74. Georgia v. Havice. (Macon.) (Macon Co. Ct.)*
55.77. Alabama v. 2,500 Defs. (Birmingham.) (Jefferson Co. Cir. Ct.)*

And see 55.77a, 63.7.
55.77a. Birmingham v. Croskey. (ND Ala., S. Div., #63-143 Cr.)*
- 79 -

55.79. City of Birmingham v. Primm. (Ala. Ct. of App.) (9 RRLR 88.) 1963: Def., walking alone across the street with 3 × 5 card pinned to his chest: "Three went to jail for freedom. Was it worth it?", arrested: parading without a permit (City Code Sec. 1159). Recorder's Ct. found Def. guilty; $25. Cir. Ct. affirmed on trial de novo. Ct. of App. reversed: (1) ordinance obviously intended to control and regulate crowds, not single individuals; (2) Def. did not obstruct traffic, did not attract public attention, or other things associated with a parade, hence no evidence on which a conviction can be sustained.
55.80. Alabama v. Chace. (Tuscaloosa.) (Tuscaloosa Co. Ct., ##14735-38; ND Ala., Civ. #64-260.) Apr. 23, 1964: 600 persons, mostly Negro, demonstrated against segregated rest rooms, etc., in new Tuscaloosa courthouse. Def.-white English prof. Stillman College, Tuscaloosa, singled out of picket line; arrested: unlawful assembly, vagrancy, resisting arrest, assault. Def. filed removal petition in DC; see 55.80 at 73. June 1964: 15 white and 2 Negro profs. at local colleges protested Def.'s arrest in letter to Birmingham News on grounds of academic freedom.

Oscar W. Adams, Jr., Esq., 1630 4th Ave. North, Birmingham.
55.81. Mississippi v. 25 Meridian Defs. (Meridian City Ct.; Lauderdale Co. Ct.; SD Miss., Meridian Div.) June 13, 1964: Defs. began to picket Kress, Woolworth, Newberry's; arrested: obstructing the sidewalk (Ord. §2—18). City Ct. found Defs. guilty. Defs. appealed to Co. Ct. for trial de novo. Defs. filed removal petition in DC; see 55.81 at 73.

Don Loria, Esq., Cadillac Tower, Detroit; Charles Markels, Esq., 105 So. LaSalle St., Chicago; Natl. Lawyers Guild Comm. for Legal Assist. in the South, 507½ N. Farish St., Jackson.
55.82. Mississippi v. 7 Defs. (Columbus.) (City Ct.) June 26, 1964: 7 Defs.-Negro civil rights workers handed out leaflet explaining provisions of 1964 Civil Rights Act; arrested: distributing leaflets without a permit, in violation of "An ordinance providing it shall be unlawful for any person to distribute . . . printed matter in any public place . . . without written permission of the Chief of Police. . . ." Bail: $400 each. June 29: Trial scheduled. One Def. taken to state prison before trial for violation of probation on previous burglary conviction. Two members of Miss. Bar objected to out-of-state lawyers' appearance. Cases continued to July 6. Ct. dismissed charges against all but two Defs. June 30: 2 remaining Defs. filed removal petitions in DC; see 55.82 at 73. Issues: prior restraint; lack of standards to guide police chief in issuing permits.

Henry McGhee, Esq., 309 W. Jackson Blvd., Chicago; Ralph Shapiro, Esq., 9 E. 40th St., NYC; Natl. Lawyers Guild Comm. for Legal Assist. in the South, 507½ N. Farish St., Jackson.
55.83. Mississippi and City of Greenwood v. Carmichael. (Police Ct.) "Freedom Day," July 16, 1964: 98 COFO voter registration workers engaged in peaceful picketing at Leflore Co. Cthouse; arrested: violating House Bill 546, Mississippi Laws (April) 1964 prohibiting picketing or demonstrations which "obstruct" or "interfere with" either "free ingress or egress to and from any public premises . . . courthouses . . . etc. . . . or with free use of public streets adjacent or contiguous thereto." Defs. filed removal petitions in DC; see 55.83 at 73.

Natl. Lawyers Guild Comm. for Legal Assist. in the South, 507½ N. Farish St., Jackson; Smith, Waltzer, Jones & Peebles, Esqs., 1006 Baronne Bldg., 305 Baronne St., New Orleans.
55.83a. Mississippi and City of Greenwood v. Albertz. (Police Ct.) July 1964: 14 cases involving COFO voter registration workers arrested on misdemeanor charges: assault, profanity and abusive language to policeman, improper license tag, reckless driving, parading without a permit, disturbing the peace, interfering with duties of police officer, contributing to delinquency of a minor, distributing leaflets without written permission of police chief or mayor in alleged violation of city ordinance, etc. All Defs. timely filed removal petitions in DC; see 55.83a at 73.

Natl. Lawyers Guild Comm. for Legal Assist. in the South, 507½ N. Farish St., Jackson.

Other civil rights workers were arrested in Mississippi for passing out leaflets, picketing or attending mass meetings: Jy. 15—Mike Ingraham in Gulfport; Jy. 18—8 arrested in Batesville; Jy. 22—1 in Leland; Jy. 30—Fred Miller and Betty Williams in Drew. Defs. were released on $100-$500 bond.
55.84. City of Drew, Miss. v. McNair. (Police Ct.) July 1964: 27 COFO voter registration workers held civil rights rally at Holly Grove Church for purpose of petitioning Gov't in redress of grievances and violations of rights under Fifteenth Amendment in connection with COFO voter registration drive; when church deacon ordered COFO workers out, they continued rally on vacant lot across street; lot owner ordered them off. As they touched the sidewalk, arrested: violation of 2 city ordinances forbidding (1) use of streets for any purpose but "normal, customary and usual pursuits" of everyday life, and requiring written permit from mayor or chief of police for parading or passing out leaflets; (2) cursing, insulting, deriding, ridiculing, or using abusive language toward police. Defs. filed removal petitions in DC; see 55.84 at 73.

Natl. Lawyers Guild Comm. for Legal Assist. in the South, 507½ N. Farish St., Jackson.
55.85. Cameron v. Johnson. (Hattiesburg.) (SD Miss., #1891-Civ.) Apr. 13, 1964: Pls.-civil rights leaders sued Def.-Miss. Gov. and other state officials to enjoin enforcement of new Miss. anti-picketing statute (House Bill #546), asked for 3-judge ct. Pending.

Smith, Waltzer, Jones, & Peebles, Esqs., 1006 Baronne Bldg., 305 Baronne St., New Orleans; Dixon L. Pyles, Esq., E. Pearl St., Jackson.
55.86. Young v. Davis. (St. Augustine.) (MD Fla., 64-133-Civ-J.) May 28 and 29, 1964: Defs.-Mayor, Sheriff, Chief of Police orally ordered an end to nighttime civil rights demonstrations of any sort by Negroes and whites because such demonstrations had in the past ended in violence. June 1964: Pl.-Negro civil rights worker brought class suit to enjoin interference with nighttime demonstrations. June 9: DC (Simpson, C. J.) held order an unlawful prior restraint on freedom of speech, assembly, and petition, enjoined Defs. or those acting under their direction from enforcing the order or any similar orders. June 22: Fla.
- 80 -

Gov. Bryant issued order banning nighttime demonstrations. DC issued order to show cause why Gov. should not be held in contempt. June 25: Hearing. July 2: DC quashed order to show cause without prejudice.

Tobias Simon, Esq., 223 S.E. First St., Miami; William Kunstler, Esq., 511 Fifth Ave., NYC.

Case note: First Amendment protection of the right to picket and state public policy: Schwartz-Torrance Inv. Corp. v. Bakery & Confectionery Workers (35 Cal. Rptr. 179, 1963) 5 Boston College Ind'l. & Comm. L. Rev. 768-73.
56. Against and Concerning Minors (see also 430)

56.10. White and Cromwell v. Maryland. (Cambridge.) (Md. Ct. of App.) (192 A.2d 777; 194 A.2d 88.)*
56.11. Florida v. A.N.E. (formerly Singleton and Anderson v. Davis and Walters.) (St. Augustine.) (Juv. Ct.; Fla. Dist. Ct. of App., # #E-318—E-321; Fla. Sup. Ct., #33040.) (156 So.2d 525; 158 So.2d 513; 8 RRLR 1376.) Add to IX DOCKET 6: July 19, 1963: Juv. Ct. ordered St. Augustine Chief of Police, St. Johns Co. Sheriff and other police officials to bring before him (with their parents) all juveniles found picketing or demonstrating at local businesses; found such activity "detrimental to the health, morals and well being" of juveniles, hence within jurisdiction of ct. to supervise; sent letter to all known local NAACP officials advising them of its action. July 21: Defs.-four Negro juveniles (two 14 and two 16) ordered to appear in Juv. Ct. July 24: After hearing, Juv. Ct. found Defs. had caused breach of peace and violated Fla. trespass law by refusing to leave restaurant when ordered to do so by manager; found Defs. delinquent; ordered them committed to state detention schools when their parents refused to accept condition that Defs. not demonstrate. Sept. 3: Defs. moved in Dist. Ct. of App. for release on bail pending appeal; parents now ready to accept conditions. Sept. 11: D.C.A. remanded to Juv. Ct. for consideration of terms of probation. Dec. 1963: Defs. petitioned Fla. Sup. Ct. for habeas corpus, citing delay in Juv. Ct. proceedings. Sup. Ct. (sub. nom. Florida ex rel. Singleton v. Walters) dismissed petition: Defs. can get all relief they seek in pending Juv. Ct. action.
56.12. Alabama v. Defs. (Selma.) (Dallas Co. Juv. Ct.)*
56.13. City of Americus v. 32 Defs. (Sumter Co., Ga.) (Crim. Ct.)*

And see Gustafson, 51.48.
56.14. Florence v. Myers. (Ocala) (MD Fla., #64-3-Civ.-Ocala.) Dec. 20, 1963: Def.-Judge Myers, Marion Co. Juv. Ct., enjoined juveniles from picketing and demonstrating without written consent of Juv. Ct., directed anyone found violating injunction brought before Juv. Ct. Pls.-Negro juveniles and parents sued in DC to enjoin enforcement of Juv. Ct. order (28 USC §1343(3); 42 USC §§1981, 1983). Jan. 22, 1964: DC (Simpson, J.) held: (1) Defs.-city and Co. officials proper party Defs.; (2) order of Def.-Myers, issued without notice or hearing, contravened Pls.' First Amendment rights. Jan. 31: DC issued preliminary injunction declaring Juv. Ct. order void, enjoined Defs. from enforcing it.
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.)*

And see Jones, 58.12, 58.13, 401.7.
57.9. California v. Sandness, Hill. (Dist. Ct. of App.)*
58. Against Trespassing (see also 541, 542, 551, 552)

58.1. California v. Poland and Cage. (U.S.S.C., #21 Misc.) Facts: VIII DOCKET 8. May 18, 1964: U.S.S.C. denied cert. (Douglas, J. diss.)
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., # #9850-9866.)*
58.9. New York v. 7 Defs. (NYC.) (Crim. Ct.)*
58.12. Georgia v. Rev. A. Jones. (Fulton Co. Super. Ct.)*
58.13. Georgia v. Rev. A. Jones, et al. (ND Ga.)*
58.14b. U.S. v. Whittlesey. (Dist. of Col. Ct. of Gen. Sess., Crim. #9415-63.)*

SAN FRANCISCO CASES:
58.15. California v. Hallinan. (San Francisco Muni. Ct., #H 65768, J 65805-H 65826.)*
58.16. California v. Bradley, Gregory. (San Francisco Muni. Ct., # #J 14447, 14140.)

and
58.17. California v. Sims. (San Francisco Muni. Ct., # #J 15591, 15602-15701.)

and
58.18. California v. Burbridge. (San Francisco Muni. Ct., #J 24265.) Facts: IX DOCKET 41. Trials continuing in groups of 10. Apr. 22: 10 Defs. in 58.17 moved for order requiring transcript prepared of portion of proceedings in another trial of 58.17 Defs., so defense attys. could more effectively cross-examine prosecution witnesses who had testified at other trials. Muni. Ct. (Ames, J.) granted motion. Judge in other dept. (Lawless, J.) ordered his reporter not to provide transcript. Apr. 24: Defs. sought prohibition in Super. Ct.; denied. May 1: Asst. DA was allowed to interrupt four pending trials for short "Law Day Address" on need for law and order. Defs. objected, moved for mistrial; denied.
- 81 -

In all trials, Defs. submitted instructions on malice, on fact Defs. demonstrating in favor of declared state public policy, on First Amendment issues (Edwards, 372 U.S. 229). Most such instructions denied. After several acquittals and hung juries in trials where Negro jurors were seated, prosecuting attorneys began peremptorily challenging Negro jurors; 10 Defs. filed removal petition in DC; see 58.18 at 73. In many cases, judges insisted Defs. be present throughout trials, despite usual practice to the contrary in misdemeanor cases; hence, many Defs. lost jobs, flunked courses. 4 lawyers (3 Negro and 1 white) cited for contempt during trials; most charges dism'd. at end of trials. As of July 1: charges against 17 Defs. dismissed for prosecution inability to make positive identification; 88 Defs. pleaded nolo contendere; 212 convicted, 46 acquitted, 108 hung jury verdicts. 29 retried: 10 convicted, 19 hung jury verdicts. Of 161 sentenced on nolo pleas and convictions: modal sentence—30 days and $56 to $200 fine; mean sentence—24 days and $79. All sentences heavier than for non-civil rights misdemeanant-first offenders. 5 Negro-Defs., leaders, given heavier sentences than co-defendants. Nolo sentences much lower than others. Appeals to be taken.

Additional counsel: Michael Berger, Esq., 1255 Post St.; Jack Berman, Esq., 995 Market; Frank Brann, Esq., Flood Bldg.; James Carter, Esq., 260 California St.; Ben Davis, Esq., 1095 Market; Herbert Donaldson, Esq., 333 Franklin St.; Hartley Fleischman, Esq., 593 Market; Aubrey Grossman, Esq., 1095 Market; Gordon Gaines, Esq., 123 2d St.; Frank Gentes, Esq., 737 Wisconsin St.; James Herndon and Donald Kerson, Esqs., 341 Market; Michael Lewton, Esq., 504 Van Ness; George Martinez, Esq., Mills Bldg.; Lloyd McMurray, Esq., 228 McAllister; Richard Peritz, Esq., 861 Bryant St.; Ted W. Rosenak, Esq., 220 Montgomery St.; Edward Solomon, Esq., 57 Post St.; Edward Stern, Esq., 690 Market; Ruth Harwitz, Esq., 1903 Baker; Phyliss Kassler, Esq., 345 Franklin; Bernard Cohn, Esq., 1255 Post St., all of San Francisco. Acklin Brown and John George, Esqs., 428 - 13th St.; William Belcher and Joseph Morozumi, Esqs., 360 - 22nd St.; Ben Travis, Esq., 428 13th St., of Oakland. Carlton Innes, Esq., 2975 Sacramento and Lemuel Washington, Esq., 3106 Shattuck, both of Berkeley. Harold Bremond, Esq., 801 Welch Rd., Palo Alto. Harold Gross, Esq., 745 Distal Dr., Los Altos. John Thorne, Esq., 510 N. 3d St., San Jose. George Corey, Esq., 201 Broadway Ave., Millbrae.

And see 58.18 at 73.
58.19. Delaware v. Brown. (Newark.) (Super. Ct., Dela. Sup. Ct.) (195 A.2d 379.) June 12, 1963: Def.-Negro refused service at Deer Park Hotel restaurant; refused to leave; arrested: trespass. July 1963: Def. and Atty.-Gen. stipulated refusal of service on ground of race, petitioned trial ct. to certify 14th Amendment question to Sup. Ct. Super. Ct. granted petition. Nov. 6, 1963: Sup. Ct. held Def. could not be prosecuted: (1) Def. a transient who sought only food, so no common law innkeeper's duty toward him; (2) Dela. statute (24 Del. C. §1501) permitting owners of places of public accommodation to exclude those whose presence would offend other customers is constitutional to extent it allows discrimination against Negroes; (3) owner's right to exclude is not state action solely because his premises are licensed; (4) but state may not, by prosecution for trespass, encourage or assist in private discrimination, citing Shelley v. Kraemer, 334 U.S. 1; (5) this ruling may prompt owners to use violent self-help, but state may not act unconstitutionally just to prevent threat of violence.
58.20. North Carolina v. Davis, Blow. (Enfield.) (N.C. Sup. Ct.) (135 S.E.2d 14, 17) Aug. 6, 1963: Defs.-Negroes entered Plantation Restaurant, sat at tables where white customers being served. Aug. 7: Defs. sought to enter restaurant, mgr. locked door, requested them to leave; arrested: trespass (G.S. §14-134); convicted. Mar. 18, 1964: N.C. Sup. Ct. affirmed: (1) statute applicable to Defs. conduct; (2) conviction does not violate due process and equal protection clauses of 14th Amendment.
58.21. Georgia v. Rachel. (Fulton Co. Super. Ct.) May-June 1963: Sit-ins at restaurants in Atlanta; many arrested. Aug. 2: Fulton Co. Grand Jury indicated Defs. for trespass (Ga. Code Ann. Tit. 26 §3005). Feb. 17, 1964: Defs. filed removal petitions in DC; see 58.21 at 73.

Donald Hollowell and Howard Moore, Jr., Esqs., 859½ Hunter St., NW, Atlanta 30314; NAACP Legal Def. & Educ. Fund, Inc., 10 Columbus Cir., NYC 10019.
58.22. North Carolina v. Dove. (New Bern.) (N.C. Sup. Ct.) (134 S.E.2d 684, 9 RRLR 142.) July 16, 1963: Defs.-civil rights workers sat-in at A & W Drive-In; arrested: trespass after warning (G.S. §140134). July 29: Recorder's Ct. convicted; $25. each. Defs. appealed to Craven Co. Super. Ct. Sept. 1963: Co. Grand Jury indicted Defs. for trespass after warning; Super. Ct. convicted. Feb. 26, 1964: N.C. Sup. Ct. reversed: Recorder's Ct. has exclusive original jurisdiction of misdemeanors; Defs. may be tried in Super. Ct. on record of Recorder's Ct. proceedings, or in Recorder's Ct. on indictment.
58.23. U.S. v. Ballard. (San Francisco.) (ND Calif., Cr. 39732.) May 1964: Six Defs. demonstrated against American activity in Vietnam at Presidio Army Base; arrested: trespass. Pending.

Patrick Hallinan, Esq., 345 Franklin St., San Francisco.
58.24. New York v. Collins. (N.Y. Criminal Court—Queens, # #B2772-B2779.) Apr. 28, 1964: Defs.-four young women peacefully picketed Florida pavilion at NY World's Fair; arrested by Pinkerton officers: trespassing (N.Y. Penal Law §2036), disorderly conduct (§722 (2) and (4)). June 12: Crim. Ct. overruled demurrer, found Defs. guilty; sentences suspended. Defs. appeal to App. Term, NY Sup. Ct., pending. Issues: (1) Is World's Fair public property because of extensive subsidy by NY state and local govts., because of NY statute (Laws of N.Y., 1963, c. 892(3)) making acts committed on Fair grounds cognizable under state penal statutes, and under Marsh v. Alabama, 326 U.S. 501? (2) Defs. only paraded peacefully, only crowd which collected was Pinkerton men and reporters—can Defs. be convicted of disorderly conduct as defined in NY statute?

Marvin Karpatkin, Esq., 660 Madison Ave., NYC 21; Janet Johnson, Esq., NYCLU, 156 Fifth Ave., NYC 10.

And see World's Fair Defs., 51.56.
58.25. Texas v. Wilson. (Dallas.) (Muni. Ct.) June 1964: Defs. sat-in at segregated cafeteria; arrested. July 3: When 1964 Civil Rights Act signed, all charges dismissed.

John B. Wilson, Jr., Esq., 2606 Fidelity Union Tower, Dallas.
- 82 -

59. Against Miscellaneous Criminal Activities
See cases at 123.
59.22. North Carolina v. Crowder, Covington, Lowry, Reape, Mallory. (Union Co. Super. Ct.) (Mallory extradition appeals: 318 F.2d 816, cert. den. 375 U.S. 935, 1963). Facts: VIII DOCKET 9, 72, IX DOCKET 7, 41. Feb. 28: Def.-Mallory sentenced—32-40 yrs.; Crowder—14-20 yrs.; Reape—10-14 yrs.; Lowry—6-10 yrs.
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., #537.) (154 So.2d 289, cert. granted 376 U.S. 904.) Facts: VIII DOCKET 95, IX DOCKET 7. Correction: On appeal to Miss. Sup. Ct., conviction reversed: search of Def.'s car, parked in his driveway, was illegal without warrant, tho Def. was at time of search in custody and Def.'s wife consented and gave police the key. On reconsideration, Sup. Ct. affirmed conviction; tho search unlawful, failure to object at trial waived Def.'s right to have evidence excluded. Feb. 17: U.S.S.C. granted cert.

And see Collins, 61.23 and Henry, 571.14.
59.28. Kentucky v. Pfuhl and Duffey. (Louisville City Ct.)*
59.31. U.S. v. Gibson. (ED Ky., Jackson Div., #10,095.)*
59.31a. Kentucky v. Gibson. (Whitesburg.) (Letcher Co. Cir. Ct.) Oct. 1962: Def.-Gibson and 6 other members of roving-picket movement arrested: armed robbery and assault with intent to commit murder for allegedly setting upon group of men who attempted to crash Defs.' picket line. May 1, 1964: After jury trial, Defs. acquitted.

Harry Caudill, Esq., Whitesburg, Ky.; Dan Jack Combs, Esq.
59.33. Louisiana v. Rev. Davis. (Baton Rouge.) (La. Sup. Ct., Crim. #47-225.)*

PEACE BOND CASES:

In several southern cities recently, civil rights leaders have been arrested and held until they put up peace bonds.
59.34. Lubeck v. Hosea Williams. (Savannah.) (Muni. Ct.) Facts: IX DOCKET 7. Text of statement signed by Defs. to secure release in 8 RRLR 1380.
59.35. Anderson and Long v. Alabama. (Selma.) (Ala. Ct. of App.) Facts: IX DOCKET 7. Mar. 6, 1964: Ala. Ct. of App. reversed peace bond sentences.
59.36. Mississippi v. Brown. (Walthall City Ct.; ND Miss.) June 20, 1964: Def. driving COFO workers in Webster Co., stopped by Miss. Highway Patrol, cited for reckless driving. June 22: City Ct. ordered Def. to appear June 27. June 26: Def. filed removal petition; see 59.36 at 73.

Natl. Lawyers Guild Comm. for Legal Assist. in the South, 507½ N. Farish St., Jackson.

Many other civil rights workers were arrested in Mississippi for traffic violations, held a few hours or overnight, released on $60—$300 bond; or tried, convicted and fined $15 to $50. One Def. was acquitted: June 17—Vicksburg; June 25—Jackson, Durant; June 26—Holmes Co.; June 27—Batesville; June 29—Hattiesburg; June 30—Jackson; Jy. 3—Meridian, Columbus; Jy. 15—Moss Point, Clarksdale; Jy. 21—Clarksdale, Holly Springs, Jackson; Jy. 23—Jackson, Moss Point, Grenada, Natchez, Tchula; Jy. 27—McComb; Jy. 28—Holly Springs; Jy. 31—Meridian, Greenwood.
60. Civil Sanctions (and Contempt Charges)
61. Against Defamation

61.9. New York Times Co. v. Sullivan. (U.S.S.C., #39.) Facts: VIII DOCKET 9, IX DOCKET 42. Cite: 376 U.S. 254.

Case note: 9 Villanova 534-39.
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.) (308 F.2d 474.) Facts: VIII DOCKET 10, 72, 127. Mar. 23, 1964: U.S.S.C. denied cert.
61.10. Gov. Patterson v. The New York Times, Rev. King, Shuttlesworth. (Montgomery Cir. Ct.)*
61.11. The New York Times v. Connor and Bessemer City Commrs. (ND Ala.)*
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. #6 C 312(3))*
61.19. Brent v. Singlemann, Citizen's Council of New Orleans. (ED La.)*
61.20. Harper v. National Review and Buckley. (NYC Sup. Ct.)*
61.22. Normile v. Am. Medical Assn. (DC DC, #CA 2806-23.)*
61.23. Collins and Pearson v. Henry. (Clarksdale.) (Miss. Sup. Ct.) Facts: IX DOCKET 8. Cite in Miss. Sup. Ct.: 158 So.2d 28.

And see Henry, 59.27, 59.27a, 571.14.
61.24. City of Gadsden v. Am. Broadcasting Co. (Etowah Cir. Ct., #9072.)*
62. By Injunction in Labor Disputes
Case note: Unfair labor practice—availability of injunction prior to exhaustion of administrative remedies: Automobile Trade Assn. v. Madden, (215 F. Supp. 828, N.D. Ill. 1963) 17 Vanderbilt 602-08.
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., #630.)*
- 83 -

63.3. Fair Share Organization v. Mitnick, d/b/a Central Fourth St. Drugs. (U.S.S.C.) Facts: VIII DOCKET 10, 123. Ind. Sup. Ct. upheld permanent injunction and $5,000 damages against Def.-organization. Petition for cert. pending.
63.3a. Fair Share Organization v. Philip Nagdeman & Sons. (East Chicago, Ind.) (Ind. App. Ct., #20018; U.S.S.C.) (191 NE. 2d 1; 193 N.E.2d 257.) Feb. 1962: Pet. demanded Resp. hire Negro salesman; Resp. refused. Pet. began to picket Resp. Aug. 11: Resp. sued for injunction against picketing and damages. Mar. 21, 1963: Cir. Ct. held for Resp.: $10,000 and costs and permanent injunction against picketing. Apr. 5: Pets. sought writ of mandate in Ind. Sup. Ct. requiring Cir. Ct. to enter findings and conclusions denying relief sought by Resp. June 14: Ind. Sup. Ct. denied writ (sub. nom. Indiana ex rel. Fair Share Org. Inc. v. Cir Ct.); mandate is improper remedy. Oct. 22, 1963: App. Ct. affirmed Cir. Ct. Feb. 25, 1964: Sup. Ct. denied petition to transfer. Pet. filed petition for cert. in U.S.S.C. Issues: (1) whether judgment denies Pet.'s First and 14th Amendment rights; (2) whether labor dispute is involved, making Indiana statutes relied on by trial and appellate cts. inapplicable.

Hilbert L. Bradley, Esq., 1649 Broadway, Gary, Ind.; Charles P. Howard, Jr., Esq., 1300 American Bldg., Baltimore.

And see 63.3, and 55.4, 55.4a, 55.4b (V DOCKET 23—VIII DOCKET 38).
63.4. B & B Cash Grocery Stores, Inc. v. Young Adults for Progressive Action. *
63.5. Kelley v. Page. (Albany.) (CA 5, #20720.)

and

Anderson v. City of Albany. (CA 5, #20711.)*
63.7. City of Birmingham v. Walker. (Cir. Ct., 10th Jud. Cir., 91a., #130-173.) (Ala. Sup. Ct., 6th Div., #999.)*
63.8. City of Jackson v. Salter. (Hinds Co. Chancery Ct., 1st Jud. Dist., #63,429.) (374 U.S. 818.)*
63.8a. NAACP v. Thompson. (Jackson.) (SD Miss., #3432.) Facts: IX DOCKET 8. Jan. 10, 1964: DC denied preliminary injunction. Feb. 3: Trial began. Pls. put on 49 witnesses in support of allegation that Defs. suppress all protest against segregation. Feb. 28: Trial completed. June 1: DC denied all relief, dismissed complaint.
63.9. Zellner v. Lingo. (MD Ala., #1924-N.)*
63.10. Alabama ex rel. Flowers v. M. Robinson. (Gadsden.) (Etowah Co. Cir. Ct., #16,743.)*
63.10a. Ex parte Marvin Robinson. (Gadsden.) (Ala. Ct. of App.)*
63.11. Town of Clinton v. CORE. (formerly Louisiana v. CORE.) (20th Jud. Dist. Ct., #A6539; ED La., Civ. #2840; CA 5, #20960.) Facts: IX DOCKET 9. Correction: CA 5 stay of state court proceedings was in connection with CA 5 consideration in this case of appealability of remand order after 28 USC §1441 removal; pending. See 63.11 at 73. La. Dist. Ct. proceedings are in abeyance.

William M. Kunstler and Arthur Kinoy, Esqs., 511 Fifth Ave., NYC; Nils R. Douglas and Robert F. Collins, Esqs., 2211 Dryades St., New Orleans; Carl Rachlin, Esq., 164 W. 46th St., NYC; Floyd B. McKissick, Esq., 213½ W. Main St., Durham, N.C.
63.12. U.S. ex rel. Louisiana v. CORE. (Plaquemine.) (CA 5.)*
63.13. City of Tallahassee v. 150 Defs. (City Ct.)*
63.14. Porzio Restaurant v. Williams. (Savannah.) (Super. Ct.) Facts: IX DOCKET 9. June 15, 1964: At hearing on Def's. motion to dismiss for want of service, Super. Ct. gave Pls. 30 days to get proper service, denied motion to dismiss.
63.15. U.S. v. Patridge. (Winona, Miss.) (SD Miss., Jackson Div.)*
63.17. Burford v. Nonviolent Action Comm. (Inglewood, Calif.) (Los Angeles Co. Super. Ct., #SWC 3816.)*
63.18. Long v. Isen. (L.A. Super. Ct.)*
63.19. Carson v. Corleto (formerly Pa. NAACP v. Mummers.) (Philadelphia.) (Ct. of Com. Pleas.) Facts: IX DOCKET 43. Case closed.
63.19a. Nichols v. Phila. Chapter of CORE (formerly Pa. Council of Churches v. Mummers.) (Philadelphia.) (Ct. of Com. Pleas, #1648-Eq.) (9 RRLR 326.) Facts: IX DOCKET 43. Case closed.
63.20. Levitt & Sons, Inc. v. Prince George's Co. CORE. (Co. Cir. Ct.; DC Md., #14942.) (221 F.Supp. 541, 8 RRLR 1386.) Aug. 16, 1963: Pl. sued, alleging he built a tract of homes, did not want to sell to Negroes, but Def.-CORE chapter planned demonstrations aaginst Pl. including trespass on property; asked for injunction. Cir. Ct. issued temporary injunction. Aug. 23: Defs. filed petition for removal to DC (28 U.S.C. 1441). Sept. 17, 1963: DC remanded to Cir. Ct.: (1) neither diversity nor federal claim appears in Pl's. complaint; (2) Defs. failed to show their civil rights denied under color of state law.
63.21. San Diego Gas & Electric Co. v. CORE. (San Diego Co. Super. Ct., Civ. #281132; 4th Dist. Ct. of App., Civ. #7650.) Jan. 1964: Pl. sued for injunction against mass picketing and sitting-in in protest of Pl.'s allegedly discriminatory hiring practices. Jan. 17: Super. Ct. granted preliminary injunction. Pls'. appeal pending in DCA. Issues: (1) Is scope of injunction excessive, violating First Amendment? (2) Is rule of Hughes v. Superior Court, 339 U.S. 460, inapplicable to present conditions? (3) Has state FEPC exclusive jurisdiction?

John W. Porter, Esq., 1346 Garnet Ave., San Diego 92109.
63.22. Bank of America v. CORE. (San Diego Co. Super. Ct., #286777.) June 1964: Pl. sued for injunction against mass picketing, "stalling-in" (pickets stand in line at teller's windows to change bills into small change, etc.) and other trespass. June 26: Temporary restraining order issued. Issues same as 63.22. Pending.

John W. Porter, Esq., 1346 Garnet Ave., San Diego.
63.22a. California v. Brown. (San Diego.) (San Diego Muni. Ct.) July 1964: Defs.-10 CORE members arrested at Bank of America, charged with trespass (Cal. Penal §602(j), (1)) and wilful violation of temporary restraining order (Cal. Penal Code §166 (4)). Pending.

John W. Porter, Esq., 1346 Garnet Ave., San Diego.
- 84 -

63.23. Jefferson Bank & Trust Co. v. Curis, CORE. (St. Louis.) (Cir. Ct., #57945; Ct. of App., ##31777 - 31779.) (374 S.W.2d 557.) Aug. 30, 1963: Pl. bank sued, alleging threat of "direct action" by CORE if it did not hire Negro tellers, sought injunction against picketing and sit-ins. Cir. Ct. issued temporary restraining order. 4 p.m. Aug. 30: Two individual Defs. and 100 members and supporters of Def.-CORE picketed Pl., blocked doors of Pl.'s bank. Sept. 1: Orders to show cause why they should not be found in contempt served on 8 persons. Oct. 4 and 5: CORE continued demonstrations. Cir. Ct. found 19 persons in contempt; up to 1 yr. and up to $1000. Dec. 6: Cir. Ct. issued permanent injunction, barring interference with Pl.'s business by conduct inside or outside bank. Jan. 15, 1964: In original proceedings in habeas corpus filed by contemners, Ct. of App. found (sub. nom. Curtis v. Tozer) overwhelming evidence of guilt of 15 contemners, ordered 4 others released as they had counselled against violation of restraining order and had not entered bank: (1) dispute between CORE and bank not a "labor dispute," so state ct. has jurisdiction; (2) sentences not cruel and unusual punishment—contemners are school teachers, attorneys and college students and hence aware of nature of conduct; (3) All Defs. had notice of order; (4) due process not denied by appointing officers of bank as special prosecutors.
64. Against Miscellaneous Activities

64.4. Reed v. CORE. (Cir. Ct., Etowah, Alabama, #8795.) June 19, 1963: Pl.-white woman sued for damages, alleging battery by group of demonstrators as she passed them on sidewalk. Pending.

NAACP Legal Defense and Educational Fund, 10 Columbus Circle, NYC.
70. Procedureal Problems
71. In Alleging Standing to Sue
72. In Raising and Preserving Constitutional Questions
73. In Removing from State to Federal Courts
(Cases reported here will usually bear a number determined by the substantive crime with which the Def. is charged, e.g., trespass, contempt, disorderly conduct, and issues uniquely related to that crime will be reported under that category. The removal issues only will be reported here.)

1964 Civil Rights Act:

§901. Title 28 of the United States Code, section 1447(d), is amended to read as follows:

"An order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise, except that an order remanding a case to the State court from which it was removed pursuant to section 1443 of this title shall be reviewable by appeal or otherwise."


73.1. Lefton v. City of Hattiesburg. (CA 5, #21441.) Facts: IX DOCKET 43. June 5, 1964: CA 5, per Wright, J. (sitting by designation) held: (1) question of separate removal petitions for each prosecution is a matter for the informed discretion of the DC, 28 USC §1446(a); (2) filing fees and removal bonds are not authorized in criminal removal cases, 28 USC §§1914, 1446(d); (3) local counsel have been found to associate with Pets.' chosen counsel, but waiver of local rules requiring this, or admission pro hac vice, should be allowed when it is alleged that local counsel are not available to associate, Button, 204.4a, 371 U.S. 415. Ct. declined to issue mandamus as DC had indicated in memorandum that it would comply with views of CA.
73.2. North Carolina v. Francis. (Elizabeth City.) (N.C. Sup. Ct.) (134 S.E.2d 681.) Nov. 1963: Defs. arrested: trespass. Defs. filed removal petition (28 USC §1443) in DC, with copy to trial judge. Trial judge wrote "motion denied" on his copy, tried and convicted Defs. Feb. 26, 1964: Sup. Ct. reversed: In 1948, Congress amended 28 USC §1443 to provide that DC, not trial court, pass on criminal petitions; when petitions filed in DC, state court loses jurisdiction and all acts after filing are void.

And see Dotort, 51.50.
55.35. Baines v. City of Danville, McGhee v. City of Danville. (CA 4, ##9080, 9082.) Facts: 55.35 at VIII DOCKET 125-126, IX DOCKET 40, 78. July 1963: CA 4 issued writs of habeas corpus cum causa to remove state prisoners from state custody: Defs. had been tried and convicted in state court following filing of 28 USC §1443 removals in DC.
55.80. Alabama v. William Chace. (Tuscaloosa Co. Ct.; ND Ala., Civ. #64-260.) Facts: 55.80 at IX DOCKET 79. Motion to remand pending.

Oscar W. Adams, Jr., Esq., 1630 N. Fourth Ave., Birmingham.
55.81. Mississippi v. 25 Meridian Defs. (SD Miss., Meridian Div.) Facts: IX DOCKET 79 at 55.81. Removal petition alleges: (1) Defs. arrested because of Miss. state and local officials' policy to harass civil rights workers; (2) segregation is public policy of Miss. citing Miss. Code §4065; (3) and numerous anti-civil rights, anti-picketing statutes passed in 1964; (3) Defs. will be and have been tried in segregated courtroom, called by their first names, tried by judges and prosecutors elected and appointed contrary to 14th Amendment equal protection clause, and by jury from which Negroes are systematically excluded; (4) Defs. unable to find volunteer Miss. counsel so seek relief from SD Miss. rule-of-court requiring attys. appearing specially to associate local counsel. DC required Defs. to file separate removal petitions for each Def. Pending.

Don Loria, Esq., Cadillac Tower, Detroit; Charles Markels, Esq., 105 So. LaSalle St., Chicago; Natl. Lawyers Guild Comm. for Legal Assist. in the South, 507½ N. Farish St., Jackson.
55.82. Mississippi v. 7 Defs. (SD Miss.) Facts: 55.82 at IX DOCKET 79. Removal petition raises same issues as 25 Meridian Defs., 55.81.

Henry McGhee, Esq., 309 W. Jackson Blvd., Chicago 6; Ralph Shapiro, Esq., 9 E. 40th St., NYC 16; Natl. Lawyers Guild Comm. for Legal Assist. in the South, 507½ N. Farish St., Jackson.
55.83. Mississippi and City of Greenwood v. Carmichael. (ND Miss., Greenville Div., #GCR 6429) Facts: 55.85 at IX DOCKET 79. Removal petitions and Pets'. brief in opposition to City's motions to remand allege: Miss. statute
- 85 -

HB 546 passed for sole purpose of denying to members of Pets.' class equal protection of laws, Miss. statutes in toto explicitly deny equal rights; Pets. acting under color of authority of Constitution and laws of U.S. guaranteeing equal rights; removal perfected by actual notice to Resp. and cases were providently removed as civil rights cases. Pets. filed motion for order granting hearing on factual issues put in controversy by Resp's. pending motion to remand.

Natl. Lawyers Guild Comm. for Legal Assist. in the South, 507½ N. Farish St., Jackson; Smith, Waltzer, Jones & Peebles, Esqs., 1006 Baronne Bldg., 305 Baronne St., New Orleans; Fay Stender, Esq., 341 Market Street, San Francisco.
55.83a. Mississippi and City of Greenwood v. Albertz. (ND Miss., Greenville Div., #GCR 6435-GCR 6448 (14 cases)) Facts: 55.83a at IX DOCKET 79. Removal petitions and Def.-Pets.' brief in opposition to Resp's. motions to remand allege various misdemeanor prosecutions instituted solely to attempt to intimidate, threaten and coerce Negro citizens for purpose of interfering with their right to register and vote by impeding Pets. in their First and Fourteenth Amendment rights of free speech and assembly; customary law of Miss. more coercive and effective than statutory law, both of which types of law explicitly and effectively deny members of Pets.' class equal protection. Pets. filed motion for order granting hearing on factual issues put in controversy by Resp's. motion to remand; pending.

Natl. Lawyers Guild Comm. for Legal Assist. in the South, 507½ N. Farish St., Jackson; Fay Stender, Esq., 341 Market Street, San Francisco.
55.84. City of Drew, Miss. v. McNair. (ND Miss., Greenville Div. #GCR 6417-6420, 6430-6434.) Facts: 55.84 at IX DOCKET 79. Removal petitions and briefs raise same issues as 55.83 except with reference to City of Drew ordinances rather than Miss. statute HB 546. Same motions pending.

Natl. Lawyers Guild Comm. for Legal Assist. in the South, 507½ N. Farish St., Jackson; Fay Stender, Esq., 341 Market Street, San Francisco.
58.18. California v. Burbridge. (San Francisco Muni. Ct., J24265; ND Calif.) Facts: IX DOCKET 41, 80. June 16, 1964: 11 Defs. filed 28 USC §1443 removal petition in DC, alleging 2 prosecutors assigned from Calif. Atty. Genl.'s office were under instructions to peremptorily challenge Negro jurors. Atty.-Innis served copy of removal petition on Muni. Judge Lawless just before trial of removed cases due to begin. Muni. Ct. ordered selection of jury to continue without Defs., ordered Atty.-Innis jailed for contempt, issued bench warrants for Defs. Super. Ct. issued writ of habeas corpus; Atty-Innis released from custody. June 17: DC remanded to Muni. Ct.: remedy for alleged violation lies by appeal through state courts, for removal is contemplated under §1443 only when state laws and procedures themselves deny equal protection.
58.21. Georgia v. Rachel, Georgia v. Tuttle. (Fulton Co. Super. Ct.; ND Ga., ##23869-Cr., 23875-Cr., 23886-Cr.; CA 5, #21354; U.S.S.C., #1361 Misc.) Facts: 58.21 at IX DOCKET 81. Feb. 17, 1964: Defs. in #23869 filed 28 U.S.C. §1443 removal petition in DC. Feb. 18: Without hearing, DC remanded to Super. Ct. Mar. 5: Defs. filed notice of appeal from remand order in CA 5. Mar. 12: CA 5 (2-1) ordered stay pending decision of Town of Clinton, 63.11, on appealability of remand order. Mar. 12 and 19: Defs. in ##23875 and 23886 removed to DC under 28 U.S.C. §1443. Mar. 21: DC enjoined Ga. Solicitor Genl. from prosecuting Defs. in removed cases, ordered Mar. removal petitions held in abeyance until CA 5 decision on appealability. Mar. 25: DC enjoined Fulton Co. Sheriff Grimes from taking Defs. into custody. Mar. 20: Fulton Co. Super. Ct. Judge Pye entered order declining "to surrender jurisdiction" to DC and CA 5, directing Solicitor Genl. to prosecute Defs. Apr. 1: Fulton Co. Super. Ct. Judge Pye ordered Solicitor Genl. to seek mandamus in U.S.S.C. to secure order vacating CA 5 Mar. 12 order as in excess of its jurisdiction. Issues: (1) Appealability of 28 U.S.C. §1443 remand in light of 28 U.S.C. §1447 (d); (2) whether filing of appeal from remand order was untimely; (3) whether there is any basis for removal. Apr. 20: Fulton Co. Super. Ct. Judge Pye noted DC injunctions, ordered removed cases taken off calendar "until the rule of law shall be restored within the territorial limits of the United States Court of Appeals for the Fifth Judicial Circuit." June 22, 1964: U.S.S.C. denied Judge Pye's motion for leave to file petition for writ of prohibition or mandamus.

Donald Hollowell and Howard Moore, Jr., Esqs., 859½ Hunter St., N.W., Atlanta 30314; NAACP Legal Def. & Educ. Fund, Inc., 10 Columbus Cir., NYC 10019.
59.36. Mississippi v. Brown. (ND Miss.) Facts: IX DOCKET 82. Removal petition raises same issues as 25 Meridian Defs., 55.81.

Natl. Lawyers Guild Comm. for Legal Assist. in the South, 507½ N. Farish St., Jackson.
63.11. Town of Clinton v. CORE. (ED La., Civ. #2840; CA 5, #20960.) Facts: 63.11 at IX DOCKET 9, 83. Aug. 28, 1963: Defs. removed under 28 USC §1441, covering removal of civil actions (note language of 1964 Civil Rights Act re appealability). Sep. 13: DC remanded. Oct. 14: CA 5 ordered La. Dist. Ct. proceedings stayed pending decision on appealability of remand order or Def's. alternative request for mandamus directing DC to accept jurisdiction.

For list of attorneys, see 63.11 at 63.

And see Levitt, 63.20.
90. Miscellaneous Freedom of Thought
FREEDOM OF RELIGION (100-199)
And see 560's.
110. Separation of Church and State
Law review article: Jonathan Weiss, Privilege, posture and protection: "Religion" in the law. 73 Yale 593-623.

Comment: The free exercise and establishment clauses: Conflict or coordination? Minnesota U. 929-46.

111. In Education
Law review article: Robert C. Casad, On teaching religion at the state university. 12 Kansas U. 405-16.

Comment: The place of religion in the schools of Iowa. 49 Iowa U. 771-88.


- 86 -

111.10. Chamberlin and Resnick v. Miami and Dade Co. Bds. of Educ. (Fla. Sup. Ct.) (U.S.S.C., #939.) (143 So.2d 21; 374 U.S. 487; 160 So.2d 97.) Facts: VIII DOCKET 11, 96, 128. Fla. Sup. Ct. held statute (Fla. Stat. §231.09) requiring Bible reading and reading of prayer encourages good citizenship among pupils, is not repugnant to the establishment clause. June 1, 1964: U.S.S.C., per curiam, reversed as to constitutionality of statutes, refused to decide other questions raised (baccalaureate services, religious census of pupils, religious test for teachers) "for want of properly presented fedl. questions." Douglas, Black, JJ.: other questions should be decided: baccalaureate services and religious census present "no substantial fedl. question"; religious test for teachers should be argued on merits.
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 . (N.J. Sup. Ct.) Facts: IX DOCKET 9. May 18, 1964: Sup. Ct. affirmed Super. Ct. decision for Atty. Genl. without opinion.
111.28. Prayer Rights for American Youth v. N.Y. Bd. of Educ. (ED NY.)*
111.29. Balgooyen v. Los Gatos Joint Union High School Dist. (Santa Clara Co. Super. Ct.) 1962-63: Lengthy debate over propriety and legality of vesper services on public school property with participation of students and Christian clergy, and in connection with high school graduation. Apr. 22, 1963: Co. Counsel ruled use of school property by community organization for vesper services not contemplated by Calif's. Civic Center Act. Def.-trustees rejected advice of Co. Counsel, approved vesper services for June 1964 if sponsored by PTA. May 1964: Pl.-parent of high school student sued. June 5: Super. Ct. granted temporary restraining order. June 8: Services held off school property. Trial on permanent injunction to be set.

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

Case note: Use of school property for temporary erection of privately-financed religious symbol: Lawrence v. Buchmueller (40 Misc. 2d 300, 243 N.Y.S. 2d 87, Sup. Ct. 1963) 30 Brooklyn U. 356-59.

Case note: Constitutionality of transporting non-public school children on public school buses: Bd. of Educ. v. Antone (384 P.2d 911, Okla. 1963) 17 Oklahoma U. 174-77.
112. In Public Places

112.25. Co. of Los Angeles and Bethlehem Star Parade Assn. v. Hollinger. (Dist. Ct. App., 2nd Dist., #26868.)*
112.26. In re Jenison (formerly Jenison v. Minnesota.) (120 N.W. 2d 515.) Cites: 375 U.S. 514; on remand, 125 N.W.2d 288.
120. Conscientious Objection to War
Comment: Freedom of conscience and compulsory military service. 13 Buffalo U. 463-76.
121. Through Application for C. O. Status
Comment: Constitutionality of requiring belief in supreme being for draft exemption as conscientious objector. 64 Colorado U. 938-50.
121.29. Mang v. Pasadena Draft Bd. No. 91. (SD Calif.)*
121.30. U. S. v. Stolberg. (CA 7.) Facts: IX DOCKET 9. Action delayed pending U.S.S.C. decision in Seeger, 121.32.
121.31. U.S. v. Peter. (U.S.S.C., #787.) (324 F.2d 173.) Facts: IX DOCKET 10, 44. Apr. 24, 1964: U.S.S.C. granted cert.: to be argued with Seeger, 121.32.
121.32. U.S. v. Seeger. (U.S.S.C., #936.) (326 F.2d 846.) Facts: IX DOCKET 44. Apr. 24, 1964: U.S.S.C. granted cert.

Case notes: 48 Minn. U. 271-78, 25 Pitt. U. 596-601.
121.33. U.S. v. Jakobson. (U.S.S.C., #937.) (325 F.2d 409.) Facts, issues, status same as Seeger, 121.32. Apr. 24, 1964: U.S.S.C. granted cert.
121.34. U.S. v. MacMurray. (SD Calif.; CA 9, #18792.) (330 F.2d 928.) Def. said on SSS No. 150 he did not believe in Supreme Being. Local Selective Service Bd. refused to classify him 1-0. Def. convicted of failure to report for induction. Apr. 8, 1964: CA 9 reversed.

J. B. Tietz, Esq., 410 Douglas Bldg., S. Spring and 3d Sts., Los Angeles.
122. Through Refusal to Register

122.31. U.S. v. Hoertkorn. (ND Calif., #39509.) Def. did not apply for CO status, did not consider himself religious objector even within broad test in Seeger, 121.32. Aug. 6, 1963: Def. failed to appear for induction after order to do so: indicted under 50 USC App. §462(a). May 1964: Def. pleaded guilty; 2 yrs. probation on condition he work at VA Hospital as volunteer worker.

Jerrold Levitin, Esq., 1231 Market St., San Francisco.
123. Through Civil Disobedience

123.26. Council v. Donovan, NYC Supt. of Schools. (Kings Co. Sup. Ct., #3496/1963.)*
123.27. McCaffrey v. N.Y.C. Bd. of Educ. (Kings Co. Sup. Ct.)*
130. Denial of Tax Exemption to Institutions (see also 202, 266)
140. Sunday Closing Laws
Comment: Sunday blue laws. 18 Wyoming U. 42-7.
140.31. Sherbert v. Verner. (374 U.S. 398.) Facts: VIII DOCKET 129. Case notes: 11 UCLA 423; 49 Iowa U. 952-60.
150. Miscellaneous Restrictions
151. In Prisons
And see cases at 304.
151.4. Sewell v. Pegelow. (ED Va.)*
151.4a. Childs v. Pegelow. (U.S.S.C., #570 Misc.) (321 F.2d 487.) Facts: IX DOCKET 45. Feb. 24, 1964: U.S.S.C. denied cert.
151.5. SaMarion v. McGinnis. (Attica State Prison) (CA 2.)*
- 87 -

151.6. Cooper v. Pate. (CA 7, U.S.S.C., #1134 Misc.) (324 F. 2d 165.) Facts: IX DOCKET 10. Addition: CA 7, citing use of sociological data in Brown v. Bd. of Educ., 347 U.S. 483, took "judicial notice" of Chicago Police Dept. report on Black Muslims, found Muslims could become serious prison discipline problem if allowed to practice their religion. June 22, 1964: U.S.S.C., per curiam, granted leave to proceed in forma pauperis, granted cert., reversed: taking as true allegation that Pls. deprived of privileges given other prisoners, it was error to dismiss complaint.
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:
Case note: Interrogation of employees concerning union activities. Offner Electronics, Inc. (134 N.L.R.B. No. 89, 1961) 17 Oklahoma U. 207-15.

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

204.1. NAACP v. Alabama ex rel. Flowers. (U.S.S.C., #169.) Facts: VIII DOCKET 13, 74. June 1, 1964: U.S.S.C. unanimously reversed, Harlan, J.: (1) 23 claimed errors in trial ct. are inadequate nonfederal basis for Ala. S. Ct. decision; (2) the allegation that NAACP "has failed to comply with the statutory requirements for a foreign corp. to do business in Ala., furnishes no basis under Ala. law for its ouster"; (3) "Neither furnishing [Arthurine Lucy and Polly Anne Meyers] . . financial assistance . . . to attend the Univ., nor providing them with legal counsel to assist their efforts to gain admission was unlawful or could . . . be inhibited because contrary to the Univ's. policy against admitting Negroes."; (4) Organized refusal to ride buses in Montgomery "could not constitutionally be the basis for a permanent denial of the right to associate for the advocacy of ideas by lawful means."; (5) "It is obvious that the complete suppression of the Assn's. activities in Ala. which was accomplished by the order below is an even more serious abridgement" of freedom of association than compelling disclosure of members' names; (6) Remanded to Ala. Sup. Ct. to enter decree vacating permanent injunction against NAACP, permitting it to take all necessary steps to qualify to do business in Ala.
204.4. NAACP Legal Defense and Educ. Fund, Inc. v. Button. (ED Va., #2436.)*
204.4b. NAACP Legal Defense Fund v. Gray. (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, IX DOCKET 10. Case dismissed by stipulation; Defs. agreed to operate within Button, 204.4a, 371 U.S. 415.
204.8. Arkansas ex rel. Bennett v. NAACP Legal Def. & Educ. Fund. (Cir. Ct., Pulaski Co., #44679.) Facts: VIII DOCKET 14. Correction of VIII DOCKET 129, IX DOCKET 10: Facts listed under 204.8 and 204.9 refer to Bennett, 204.9a, below, not previously reported. Statuts of 204.8 is as reported at VIII, 14: pending on cross-motions for judgment on pleadings.
204.9. Arkansas ex rel. Bennett v. NAACP Legal Def. & Educ. Fund. (Cir. Ct., Pulaski Co., #45183.) Facts: VIII DOCKET 14. See above, 204.8, for correction. Status of case is as reported at VIII, 14: pending on Def.'s objections to interrogatories propounded by Pl.-Atty. Genl.
204.9a. NAACP v. Bennett, Atty. Genl. (ED Ark.; U.S.S.C.; Pulaski Co. Ch. Ct.; Ark. Sup. Ct.) (4 RRLR 349, 178 F. Supp. 188; 360 U.S. 471; 5 RRLR 179, 178 F.Supp. 191; 8 RRLR 620, 370 S.W.2d 79.) 1959: Pl. sued to restrain enforcement of state statutes on barratry, maintenance, interference with state operation of schools, and authorizing state officials to compel organizations to file information if interfering with state operation of schools. DC granted Defs'. motion to stay pending interpretation of statutes by state courts. U.S.S.C. vacated and remanded, for consideration in light of Harrison, 204.4, 360 U.S. 167: When state statute challenged as unconstitutional, "reference to state courts should not automatically be made." On remand, 3-judge ct. noted Pl. conceded statutes could be construed to save constitutionality, held whether and to what extent statutes apply to Pl. a question of state law, Pl. not in immediate danger of having statutes enforced, affirmed stay, retained jurisdiction pending Pl.'s exhaustion of state ct. remedies. 1961: Chanc. Ct. held 3 of 4 statutes unconstitutional: vague, repose too much discretion in Co. judges, without procedural safeguards. June 3, 1963: Ark. Sup. Ct. affirmed as to 3 acts, Button, 204.4a, 371 U.S. 415; reversed as to 4th, holding it unconstitutional also, Bates, 204.10, 361 U.S. 516.
210. Compulsory Registration
211. Under 1950 Internal Security (McCarran) Act

211.1a. Communist Party v. U.S. (CA DC, #17583.) (209 F. Supp. 132.) Facts: VIII DOCKET 15, 74, IX DOCKET 10-11, 45, June 8, 1964: U.S.S.C. denied Gov'ts. petition for cert.

Case note: 42 Tex. U. 891-94.
- 88 -

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. (U.S.S.C.)*
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, IX DOCKET 11, 45. Cite: 331 F.2d 53.
211.5. Patterson, as Liquidator of Civil Rights Congress v. S.A.C.B. (CA DC.)*
211.8. California Labor School v. S.A.C.B. (CA DC.)*
211.9. Am. Comm. for Protection of Foreign Born v. S.A.C.B. (U.S.S.C., #909.) Facts: VIII DOCKET 16, IX DOCKET 11-12, 45. Issues in U.S.S.C.: (1) constitutionality of Communist-front registration provisions; (2) whether Pet. can be collaterally estopped by S.A.C.B. finding that CP is Communist-action organization, when Pet. was not party to that proceeding; (3) evidence admitted and excluded by S.A.C.B.
211.10. Kennedy v. California Emergency Defense Comm. (S.A.C.B.)*
211.13. Veterans of the Abraham Lincoln Brigade v. S.A.C.B. (U.S.S.C., #1068.) (331 F.2d 64.) Facts: VIII DOCKET 16, IX DOCKET 12, 45. June 22, 1964: U.S.S.C. granted cert.
211.14. Weinstock v. S.A.C.B. (CA DC, #13422.) Facts: VIII DOCKET 16, IX DOCKET 12. Cite: 331 F.2d 75.
211.15. Kennedy v. Advance. (S.A.C.B.)*
212. Under 1954