ABATEMENT. See Civil Rights Act of 1964; Constitutional Law,
VII.
ADMINISTRATIVE PROCEDURE. See Federal Power Com-
mission; Interstate Commerce, 2, 3: Interstate Commerce
Commission.
ADMIRALTY. See also Procedure, 6.
1. Jones Act-Death of seaman-Exclusive remedy-Jones Act,
which bases recovery on negligence and not unseaworthiness, provides
the exclusive right of action for wrongful death of seaman killed in
state territorial waters in the course of employment and supersedes
all otherwise applicable state death statutes. Gillespie v. U. S. Steel
Corp., p. 148.
2. Jones Act Pain and suffering of decedent-State statutes.-
Cause of action for decedent's pain and suffering survived under the
Jones Act, through 89 of the Federal Employers' Liability Act, and
presumably under the Ohio survival statute based on theory of
unseaworthiness. Gillespie v. U. S. Steel Corp., p. 148.
3. Jones Act recovery-Class of beneficiaries.-Right of recovery
under the Jones Act depends on § 1 of the Federal Employers' Lia-
bility Act which excludes beneficiaries of a remote class if there are
beneficiaries in a nearer class. Gillespie v. U. S. Steel Corp., p. 148.
AIRPORT ZONING. See Federal Airport Act; Jurisdiction, 1.
ALL-COMMODITY RATES. See Interstate Commerce Act.
APPEALS. See Procedure, 1-2, 6.
APPORTIONMENT. See Constitutional Law, IV, 2-3; Procedure,
4, 7.
ARREST. See Constitutional Law, VI, 2.
ASSEMBLY. See Constitutional Law, V, 2-4.
BANK HOLDING COMPANY ACT OF 1956.
New national bank-Federal Reserve Board approval-Comp-
troller of the Currency.—Where the issues concern the organization
and relationship of holding company and new national bank, matters
within the cognizance of the Board rather than the Comptroller, the
BANK HOLDING COMPANY ACT OF 1956-Continued.
statutory scheme provided by the Act, Board determination, subject
to review by a court of appeals, should be followed. Whitney Bank
v. New Orleans Bank, p. 411.
1. Corporate rehabilitation-Chapters X and XI-Public inves-
tors. Chapters X and XI of the Act are two distinct and mutually
exclusive methods of corporate rehabilitation; Chapter XI is a sum-
mary procedure with only a minimum of control, while Chapter X,
being primarily for the protection of public investors, affords greater
protection to stockholders and creditors, with judicial control over the
entire proceedings. SEC v. American Trailer Rentals, p. 594.
2. Liability of distributing agent-Priority of federal claim-Reor-
ganization. Where a distributing agent possessed sufficient control
over the assets in his possession of an insolvent debtor he had a
responsibility under 31 U. S. C. § 192 to see that a federal priority
claim was paid, and the fact that he was acting primarily for the
court rather than for the debtor does not categorically exclude him
from the coverage of § 192. King v. United States, p. 329.
3. Protection for public investors-Chapter X.-As a general rule
a proceeding under Chapter X of the Act is appropriate for adjusting
publicly held debt, or where there are widespread public stockholders
needing its protection. SEC v. American Trailer Rentals, p. 594.
BANKS. See Bank Holding Company Act of 1956; Jurisdiction, 2;
Service of Process.
BOOKS. See Constitutional Law, VI, 1.
BRANCH BANKS. See Bank Holding Company Act of 1956;
Jurisdiction, 2; Service of Process.
CARRIERS. See Interstate Commerce Act.
CERTIORARI. See Procedure, 2.
CIVIL RIGHTS. See Constitutional Law, I, 1–2; III, 1–2; IV, 1;
V-VII.
CIVIL RIGHTS ACT OF 1964. See Constitutional Law, I, 1–2;
III, 2; VII; Interstate Commerce, 1; Procedure, 3.
Place of public accommodation-Abatement of state conviction for
entry on another's land. Since restaurant serves interstate travelers
it is a "place of public accommodation" within § 201 of the Act and
state convictions for entry on restaurant property prior to enact-
ment thereof are abated by passage of the Act. Blow v. North
Carolina, p. 684.
CLASS RATES. See Interstate Commerce Act.
COERCION. See Procedure, 5.
COLLATERAL ESTOPPEL.
See also Interstate Commerce, 3.
Federal Power Commission regulation-Scope of future regula-
tion.-Doctrine of collateral estoppel is not applicable since only the
scope of future Federal Power Commission regulation concerning
transactions not governed by past decisions is involved. Federal
Power Comm'n v. Amerada Petroleum Corp., p. 687.
COLLECTIVE BARGAINING. See Labor; National Labor Rela-
tions Act, 1, 3.
COLLECTIVE BARGAINING AGREEMENT. See Interstate
Commerce Commission, 1; National Labor Relations Act.
COMMERCE CLAUSE. See Constitutional Law, I; Interstate
Commerce.
COMMUNIST PARTY. See Constitutional Law, VI, 1.
COMPTROLLER OF THE CURRENCY. See Bank Holding
Company Act of 1956.
CONFESSIONS. See Procedure, 5.
CONSTITUTIONAL LAW.
See also Civil Rights Act of 1964;
Interstate Commerce, 1; Procedure, 3; Public Officers.
1. Interstate travelers-Civil Rights Act of 1964.-Title II of the
Act is a valid exercise of Congress' power under the Commerce Clause
as applied to a place of public accommodation serving interstate
travelers. Atlanta Motel v. United States, p. 241.
2. Racial discrimination by restaurants - Civil Rights Act of
1964.-Congress acted within its power to protect commerce in
extending coverage of Title II of the Act to restaurants serving food
a substantial portion of which has moved in interstate commerce, as
it had ample basis to conclude that racial discrimination by such
restaurants burdened interstate trade. Katzenbach v. McClung, p.
294.
Sale of state lands-Change in forfeiture provisions.-Not every
modification of a contractual promise impairs the obligation of a
contract and the State has reserved power to safeguard the vital
interests of its people which may modify or affect, but not destroy,
the constitutional limitation of impairment of contractual obligations.
El Paso v. Simmons, p. 497.
CONSTITUTIONAL LAW-Continued.
1. Impartial jury-In custody of deputy sheriffs who were also
witnesses.-Close and continuous association between deputy sheriffs
who were key prosecution witnesses and the jury which was in their
custody deprived petitioner of the right to an impartial jury required
by the Due Process Clause. Turner v. Louisiana, p. 466.
2. Involuntary servitude-Civil Rights Act of 1964.-The prohi-
bition in Title II of the Act of racial discrimination in public accom-
modations affecting commerce does not violate the Fifth Amendment
as being a deprivation of property or liberty without due process of
law, or the Thirteenth Amendment as being involuntary servitude.
Atlanta Motel v. United States, p. 241.
3. Reliance on police officials-Entrapment. Since appellant was
in effect advised by police officials that a demonstration where held
was not prohibited, his conviction for exercising the privilege they
told him was available would allow a type of entrapment violative
of due process. Cox v. Louisiana, p. 559.
IV. Equal Protection of the Laws.
1. Act of interracial couple a crime under state law.-State criminal
statute prohibiting an unmarried interracial couple from habitually
occupying the same room at night is invalid as violating the Equal
Protection Clause of the Fourteenth Amendment. McLaughlin v.
Florida, p. 184.
2. Reapportionment of state legislature-Supervening decisions.-
The District Court's judgment holding invalid certain Pennsylvania
apportionment statutes and constitutional provisions is vacated and
the cause is remanded for further consideration in the light of super-
vening decisions. Scranton v. Drew, p. 40.
3. State legislative apportionment-Single-member districts.-The
Equal Protection Clause does not necessarily require the formation
of all single-member districts in a State's legislative apportionment
plan. Fortson v. Dorsey, p. 433.
V. Freedom of Speech and Assembly.
1. Criminal libel-Public officers.-The Constitution limits state
power to impose sanctions for criticism of public officers in criminal
as well as civil libel cases to false statements made with actual malice.
Garrison v. Louisiana, p. 64.
2. State breach of peace statute unconstitutional.-Louisiana has
defined breach of peace as "to agitate, to arouse from a state of
repose, to molest, to interrupt, to hinder, to disquiet," which makes
its breach of peace statute unconstitutionally vague in its overly
CONSTITUTIONAL LAW-Continued.
broad scope, as one of the functions of free speech is to invite dispute.
Cox v. Louisiana, p. 536.
3. State obstructing public passages statute-Discretion of local
officials. Allowing local officials unfettered discretion in permitting
use of streets for parades and meetings despite prohibition contained
in Louisiana's obstructing public passages statute abridged appellant's
freedom of speech and assembly. Cox v. Louisiana, p. 536.
4. State statute prohibiting picketing near a courthouse-Obstruc-
tion of justice.-Louisiana's narrowly drawn statute prohibiting
picketing near a courthouse with intent to obstruct justice furthers
the State's legitimate interest of protecting its judicial system, is a
valid regulation of conduct as distinguished from speech, and does
not infringe rights of free speech and assembly. Cox v. Louisiana,
p. 559.
1. General warrants-Seizure of books.-Fourth Amendment's pro-
tections are by the Fourteenth Amendment guaranteed against inva-
sion by the States, which may not constitutionally issue general
warrants not describing with particularity the things to be seized,
especially where First Amendment freedoms may also be impinged.
Stanford v. Texas, p. 476.
2. Unlawful arrest.-Petitioner's arrest without probable cause and
the search and seizure incident thereto were invalid under the Fourth
and Fourteenth Amendments. Beck v. Ohio, p. 89.
Civil Rights Act of 1964-Abatement of state trespass convic-
tions.-The Civil Rights Act of 1964 creates federal statutory rights
which under the Supremacy Clause must prevail over any conflicting
state laws, and state trespass convictions on direct review at the time
the Act made the conduct no longer unlawful must abate. Hamm v.
Rock Hill, p. 306.
CONTRACT CLAUSE. See Constitutional Law, II.
CONTRACTS. See Collateral Estoppel; Federal Power Com-
mission; Interstate Commerce, 2-3; Labor; National Labor
Relations Act, 1; Patents.
CORPORATIONS. See Bankruptcy Act, 1-3; Jurisdiction, 2;
Service of Process.
COSTS. See Federal Rules of Civil Procedure, 3.
COURTHOUSES. See Constitutional Law, V', 4.
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