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Vol. IV, No. 1
November, 1958
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522.Ark3 Aaron, et al. v. Cooper, et al. (Little Rock.) (CA 8.) (143 F. Supp. 855, aff'd. 243 F. 2d 361, cert. den. 357 U.S. 566.) Feb. 1956: integration suit filed. Trial Ct. granted Def's. motion to take depositions from N.A.A.C.P. officials, who testified no documents available re N.A.A.C.P. meeting at which vote taken to bring suit, declined to state number of state N.A.A.C.P. members. Aug. 28: Dist. Ct. dismissed suit, held Def.-Bd. had acted in "utmost good faith" in proposing integration over 5-10 yr. period starting perhaps Fall 1957. Apr. 1957: CA affirmed. Aug. 1957: Pulaski Co. Chancery Ct. issued injunction to prevent desegregation scheduled for Sept. 3, 1957 under this plan. Aug. 30: DC issued blanket injunction against any interference with integration order. Sept. 3: Nat'l. Guard prevented 9 Negro pupils from entering school, by order of Gov. Faubus; DC issued order confirming Aug. 30 order, directing Def.-Bd. and Supt. to carry it out. Sept. 5: Def. requested suspension of order; denied. Sept. 9: DC ordered petition for injunction filed against Gov. Sept. 14: Nat'l Guard again barred students. Sept. 20: U.S. Atty. Genl. filed amicus appearance. Sept. 20: DC denied Faubus' application for him to disqualify himself; denied motion to dismiss; ordered Gov. and aides to call of Nat'l Guard. Gov. complied; filed appeal. (See Faubus, 523.Ark6.) Sept. 23: Negro students entered school under protection of U.S. Army. Feb. 1958: Def.-Bd. petitioned DC for order vacating desegregation decree, alleging opposition by small group of students and adults, pro-segregation laws passed by state, lack of penal sanctions against obstructionists by Fed'l officers, leaving Def.-Bd. "standing alone". After hearing, DC stayed integration order for 2½ yrs. because of conditions in Little Rock. June 30: U.S.S.C. denied Pls. appeal directly to it from this DC stay order. Aug. 18, 1958: CA 8 reversed, stayed mandate. Sept. 12, 1958: U.S.S.C. unanimously affirmed CA decision, ending CA stay of desegregation order; judgment to go into effect immediately, saying:

"* * * In short, the constitutional rights of children not to be discriminated against in school admission on grounds of race or color declared by this court in the Brown case can neither be nullified openly or directly by state legislators or state executives or judicial officers, nor nullified indirectly by them through evasive schemes for segregation whether attempted 'ingeniously or ingenuously.' * * *

"* * * the interpretation of the 14th Amendment enunciated by this court in the Brown case is the supreme law of the land, and Art. VI of the Constitution makes it of binding effect on the states 'any thing in the Constitution or laws of any state to the contrary notwithstanding.' * * *

"State support of segregated schools through any arrangement, management, funds or property cannot be squared with the amendment's command that no state shall deny to any person within its jurisdiction the equal protection of the laws. The right of a student not to be segregated on racial grounds in schools so maintained is indeed so fundamental and prevasive that it is embraced in the concept of due process of law. * * *"

Sept. 25: DC heard Def.-Bd. questions: whether leasing public school to private corp. would place it in contempt of court order. N.A.A.C.P. intervened, asked DC to rule private school corp. plan illegal or order private schools to admit Negro pupils. Dept. of Justice entered as amicus. DC refused to advise Bd., dismissed N.A.A.C.P. petition as requiring a 3-judge Ct. Sept. 27: election on desegregation issue under auspices of Gov. Faubus, 19,470 for continued segregation; 7,561 opposed. Sept. 29: CA 8 judges issued temporary restraining order against Def.-Bd. changing status as of Sept. 25. Oct. 6: hearing on merits in CA 8.

Wiley A. Branton, Esq., 119 E. Barraque St., Pine Bluff, Ark.; U. Simpson Tate, Esq., 4211 S. Oakland Ave., Dallas, Texas; Thurgood Marshall and Robert L. Carter, Esqs., N.A.A.C.P., 10 Columbus Circle, NYC. Vol. IV, No. 1. November, 1958

204.1 Alabama ex rel. Atty. Genl. Patterson v. N.A.A.C.P. (Ala. Cir. Ct.) (357 U. S. 449, 91 So. 2d 214, 220, 221.) June 1956: temporary restraining order issued, ex parte, against N.A.A.C.P. prohibiting it from conducting further business in the state, organizing new chapters, collecting funds, or complying with foreign corp. registration law. Jy.: Cir. Judge granted Atty. Genl. permission to examine N.A.A.C.P. files showing membership lists, names of persons authorized to solicit members and funds, bank and property data, and copies of charters. On Def's. refusal to produce because of fear of economic and physical reprisals against members, $10,000. fine imposed, increased to $100,000. for continued refusal. On appeal, Ala. S. Ct. refused to suspend fine while appeal pending; refused extraordinary writ to permit appeal directly to Ala. S. Ct. Dec. 6, 1956: Ala. Sup. Ct. refused for second time to review action.

June 1958: U.S.S.C. unanimously reversed, per Harlan, J.: Ala. Ct. order requiring N.A.A.C.P. to produce Ala. membership lists entails likelihood of substantial restraint upon N.A.A.C.P. members' exercise of their freedom of association under 14th Amendment in view of uncontroverted showing that on past occasions revelation of identity of N.A.A.C.P. members has exposed them to economic reprisals, threats of physical coercion, and other manifestations of public hostility; N.A.A.C.P. has standing to assert constitutional rights of members since to require personal vindication would nullify right by revealing members; immunity from state scrutiny of membership lists is so related to right of members to pursue their lawful private interest privately and to associate freely with others in so doing as to come within protection of 14th Amendment.

Pending in Cir. Ct. on remand from U.S.S.C. on issue of N.A.A.C.P. being permanently enjoined from further activity in Ala.

Robert Carter, Esq., N.A.A.C.P., 10 Columbus Circle, NYC. Vol. IV, No. 1. November, 1958

204.1a Alabama v. Mitchell and Patton. (Ala. Cir. Ct., Montgomery.) Apr. 1958: Cir. Ct. issued order requiring Defs. to show cause why they should not be held in contempt for violating injunction against N.A.A.C.P. (tested in 204.1). June 20: Cir. Judge Jones refused to disqualify himself from hearing case because of comments about N.A.A.C.P. which he admittedly made during recent primary campaign. Vol. IV, No. 1. November, 1958

501.6 Alabama v. Tuskegee Civic Ass'n. (Macon Co., Alabama) (Macon Co. Cir. Ct.) June 1957: Ala. legislature reduced Tuskegee city limits so as to remove 410 of 420 Negro voters from city rolls. Aug. 15, 1957: Ala. Atty. Genl. obtained temporary restraining order against Def.-Ass'n "from using any force, threats, * * * to prevent any person from trading with, buying goods and services" from local white merchants. June 21, 1958: Cir. Ct. dissolved injunction, held Atty. Genl. had not proved Def. responsible for boycott resulting in failure of 24 white-operated businesses in 12-mth. period.

Fred D. Gray, Esq., 113 Monroe St., Montgomery, Alabama. And see cases at 204., 244.4. Vol. IV, No. 1. November, 1958

411.6 Alabama v. Wilson. (Ala. Sup. Ct.) Def.-Negro convicted of robbery of $1.95, after trial in which he was represented by assigned counsel. Under Ala. law, Def. sentenced to death. Ala. Sup. Ct. affirmed. Sept. 1958: Gov. of Ala. commuted sentence to life imprisonment.

Fred D. Gray, Esq., 113 Monroe St., Montgomery, Alabama.

And see Uphaus, 272.2. Vol. IV, No. 1. November, 1958

269.2 Allen v. Local 1976, Carpenters Union—AFL-CIO. (Calif. S. Ct.) Pl.-business agent expelled by Def.-Union for attending meetings in behalf of Defs. in Smith Act case (Yates, 241.1). Issues: expulsion based on hearsay evidence, with no right of cross-examination or confrontation, in violation of due process and contrary to Union by-laws; against public policy to permit Union to expel member for giving aid and comfort to "communist front organization", e.g., Civil Rights Congress. In suit for restoration of membership, Ct. ruled against Pl., held Union trial fair, NLRB has exclusive jurisdiction over damages resulting from loss of employment due to lack of union membership. Dist. Ct. reversed, held only that Ct. had jurisdiction. Sept. 1958: Calif. S. Ct. granted appeal; pending.

Herbert W. Simmons, Jr., Esq., 315 W. Vernon Ave., and Abraham Gorenfeld, Esq., 510 S. Spring St., both of Los Angeles. Vol. IV, No. 1. November, 1958

280.8 Allen v. Office Employees' Intl. Union, et al. (Washington Sup. Ct., #34595.) 1957: Def. Union called Pl.-member in and asked her if it was true that she was a communist. Pl. refused to answer. On basis of her having been named and refusing to answer question, Def.-Union expelled Pl. after notice and hearing, but gave her chance to return to Union within 6 mths. if she went to FBI and cleared herself. Union informed Pl's. employer that Pl. no longer in good standing and, under contract, Co. must release her, which they did. Pl. suing Def.-Union for damages for tort of interference with contract of employment. Super. Ct. sustained Def's. demurrer. Pending on appeal. June 3, 1958: appeal heard and submitted.

Caughlan and Opendack, Esqs., 702 Lowman Bldg., Seattle, Washington.

And see Asselin, 269.5.

And see cases 342, 343, 344. Vol. IV, No. 1. November, 1958

522.Va5 Allen, et al. v. School Bd. (Charlottesville.) (WD Va., #51.) After Pls.-Negro pupils filed integration suit, Aug. 6, 1956: Dist. Ct. ordered Def.-Bd. to desegregate public schools by Fall 1956, granted stay pending appeal. Dec. 1956: CA 4 affirmed. March 1957: U.S.S.C. denied Def's. petition for certiorari. Jy. 1957: Dist. Ct. ordered that its 1956 integration injunction be made effective at commencement of semester next following determination by U.S.S.C. on constitutionality of Va. Pupil Placement Act. May 1958: Dist. Ct. set Sept. 1958 as effective date; 2 Negro students applied for admission to all-white elementary school. Sept. 9: Dist. Ct. ordered Def.-Bd. to admit 2 Negroes to white high school and 10 to white grade school. Sept. 17: Cir. Judge Sobeloff (CA 4) denied Def.-Bd's. petition for stay. Sept. 19: Gov. Almond assumed control over white high school and grade school, ordered them closed.

Oliver W. Hill and Spottswood W. Robinson, III, Esqs., 623 N. 3d St., Richmond. Vol. IV, No. 1. November, 1958

604.1 Andreas v. Henderson. (SD Calif.) (160 F. Supp. 252.) Suit by Indian-Pl. to have deed conveying property declared void on ground conveyance made during trust period. Dist. Ct. held, although Mission Indian Act nullifies conveyances made during trust period to protect Indians from greed of white man, conveyance here valid because, after expiration of trust period, Pl. signed amended escrow instructions authorizing delivery of deed. Vol. IV, No. 1. November, 1958

522.La3 Angel, et al. v. La. State Bd. of Educ., et al. (ED La., Baton Rouge Div., Civ. #1658.) 1956: Suit filed by Negro-Pls. for admission, on integrated basis, to five state-operated trade schools. Pending on Pls.' application for interlocutory injunction.

A. P. Tureaud and A. M. Tureaud, Jr., Esqs., 1821 Orleans Ave., New Orleans; U. Simpson Tate, Esq., 4211 S. Oakland Ave., Dallas, Texas; Thurgood Marshall and Robert L. Carter, Esqs., N.A.A.C.P., 10 Columbus Circle, NYC. Vol. IV, No. 1. November, 1958

204.7 Arkansas ex rel. Atty. Genl. v. N. A. A. C. P. (Cir. Ct. Pulaski Co.) Proceeding by Atty. Genl. seeking to enjoin Def.-organization from allegedly engaging in "illegal practice of law". Def's. demurrer filed.

Robert L. Carter, N.A.A.C.P., 20 W. 40th St., NYC. Vol. IV, No. 1. November, 1958

204.9 Arkansas ex rel. Bennett v. N. A. A. C. P. Legal Defense & Educational Fund. (Cir. Ct., Pulaski Co., #45,183.) Dec. 23, 1957: Atty. Genl. asked for injunction restraining Def. and its agents from violating Ark. state law by engaging in practice of law. Jan. 8: Def. filed demurrer, alleging lack of jurisdiction over the person, lack of cause of action, Atty. Genl. not proper party Pl. Pending.

Thurgood Marshall, Esq., N.A.A.C.P. Legal Defense & Educational Fund, 10 Columbus Circle, NYC. Vol. IV, No. 1. November, 1958

204.8 Arkansas ex rel. Bennett v. N.A.A.C.P. Legal Defense & Educational Fund. (Cir. Ct., Pulaski Co., #44,679.) Aug. 1957: Atty. Genl. complained Def. doing business in state without complying with foreign corps. law, asked $5,000 penalty. Oct. 1: Cir. Ct. denied Def's. motion to quash service on ground Def. not amenable to service in Ark. Atty. Genl. obtained order for production of Def's. records, incl. (1) names and addresses of persons receiving Def's. professional service and assistance, (2) names of all Ark. attorneys associated with Def's. activities, (3) names and addresses of all Ark. contributors. Def. furnished under seal all this information except (3), gave number of contributors per year and amount contributed annually. Def. also filed motion for order limiting scope of discovery. Pending.

Thurgood Marshall, Esq., N.A.A.C.P., Legal Defense & Educational Fund, 10 Columbus Circle, NYC. Vol. IV, No. 1. November, 1958

204.11 Arkansas State Conference of Branches, N. A. A. C. P. v. Baldwin, et al. (ED Ark., #3454.) Suit by N. A. A. C. P. to enjoin Def. Little Rock City officials from enforcing ordinance requiring N. A. A. C. P. to submit list of members and contributors, and to prevent harassment of Pl.-organization and accumulation of penalties against it. Nov. 15, 1957: Ct. granted parties' request to hold Def's. motion to stay and Pl's. motion for temporary restraining order pending outcome of Bates case, 204.10. Parties stipulated there will be no similar proceedings against other N.A.A.C.P. officials pending decision in Bates.

Robert L. Carter, Esq., N. A. A. C. P., 20 W. 40th St., NYC; J. B. Booker, Esq., Little Rock, Ark. Vol. IV, No. 1. November, 1958

204.6 Arkansas v. N.A.A.C.P. (Cir. Ct., Pulaski Co.) Ark. Atty. Genl. seeks $5,000 fine against N.A.A.C.P. for doing business in state without registering as foreign corporation. N.A.A.C.P. alleges it registered as foreign corporation in Apr. 1956. Jan. 1958: Ct. heard argument on Def's. demurrer and Pl's. motion for inspection of N.A.A.C.P. records. Decision awaited.

Robert L. Carter, N.A.A.C.P., 20 W. 40th St., NYC; Thad D. Williams, J. B. Booker, Esqs., Ltitle Rock, Ark. Vol. IV, No. 1. November, 1958

490.10 Arkansas v. Satterfield. (Forrest City Ct.) 1957: Def.-owner of Widwood Lodge, nudist camp arrested, charged with indecent exposure and exhibiting obscene literature. Ark. statute makes advocacy and/or practice of nudism punishable by fine and/or imprisonment. At trial, police testified saw no "indecency". Convicted of possessing obscene literature; $100 fine. Indecent exposure charge withdrawn.

And see cases at 12, 52. Vol. IV, No. 1. November, 1958

269.5 Asselin v. General Motors Corp. and UAW-CIO. (Genesee Co. Cir. Ct.) Pl.-Fisher Body worker, discharged by Def.-Co. after brother-in-law's appearance before Un-American Activities Comm. Def.-Union processed grievance, but only through second step. UAW Intl. Bd. directed Union local to secure Pl's. reinstatement, which it did, also extracting from Pl. release of Union from liability. Issues: is release ineffectual because obtained with no consideration; did Def.-Co. and Def.-Union violate Taft-Hartley Act by preventing Pl. from filing grievance except thru grievance machinery? Defs.' motions to dismiss for lack of jurisdiction pending.

Max Dean, Esq., 804 Detroit St., Flint, Michigan. Vol. IV, No. 1. November, 1958

522.Va3 Atkins, et al. v. School Bd., et al. (Newport News.) (ED Va., Newport News Div., Civ. #489.) (246 F. 2d 325, cert. den. 355 U.S. 855.) Apr. 1956: Suit by Pl.-Negro children for admission on integrated basis to schools operated by Def.-Bd. Feb. 1957: Dist. Ct. ruled for Pls., ordered Defs. to start desegregation of 1st and 8th grades by Aug. 15, 1957. July 1957: CA 4 affirmed DC desegregation order, ruled Va. Pupil Placement Law unconstitutional. Oct. 1957: U.S.S.C. denied certiorari. City of Newport News merged with City of Warwick. Sept. 2, 1958: Pls. asked temporary order restraining Def.-Bd. from denying admission of 10 Negro children to white school. Sept. 8: Dist. Ct. refused injunction, said it would be unfair to order desegregation in middle of school year. Hearing: Nov. 28, 1958.

W. Hale Thompson, Esq., 611 25th St. and Philip S. Walker, Esq., 2411 Jefferson Ave., both of Newport News, Va.; Spottswood W. Robinson, III, Esq., 623 North 3rd St. and Oliver W. Hill, Esq., 118 East Leigh St., both of Richmond, Va. Vol. IV, No. 1. November, 1958

342.2b Austin v. N. Y. Bd. of Higher Education. (N. Y. Ct. of App.) Suit for damages, brought by Pl.-teacher dismissed by Def.-Bd. for claim of constitutional privilege against self-incrimination. [See Slochower, 350 U. S. 551.] Sup. Ct. dismissed suit. May 1958: App. Div. reversed (4-1). Jan. 1959: appeal to be heard.

Osmond K. Fraenkel, Esq., 120 Broadway, NYC. Vol. IV, No. 1. November, 1958

522.La8 Bailey v. La. State Bd. of Educ. (ED La., Baton Rouge Div.) Pls.-six Negro students at McNeese State College brought suit. Facts, issues, status, counsel same as Ludley, 522.La7. Vol. IV, No. 1. November, 1958

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