APPEALS. See alsó Abstention, 1; Bail; Constitutional Law, VI;
Elections, 3; Stay, 2.
1. Finality of decision-Government's appeal under 18 U. S. C.
§ 1404.-Stay of Court of Appeals' judgment pending disposition of
petition for certiorari granted in view of substantial nature of pre-
viously undecided questions presented, concerning (1) propriety of
Government's appeal under § 1404, and petitioners' right to appeal
from adverse Court of Appeals' ruling, and (2) validity of Court of
Appeals' rule that "probable cause" is not necessary for an extended
border search. Harris v. United States (DOUGLAS, J., in chambers),
p. 1211.
2. Invalidation of state statute-Not applicable to Puerto Rico.-
Title 28 U. S. C. § 1254 (2), which provides for an appeal to Supreme
Court from a court of appeals' judgment invalidating a state statute
on constitutional grounds, does not apply to an appeal involving a
Puerto Rico statute. Fornaris v. Ridge Tool Co., p. 41.
APPEALS BY THE GOVERNMENT. See Constitutional Law,
II; Procedure, 4.
APPLICATION FOR BAIL. See Bail.
APPLICATION FOR INJUNCTIVE RELIEF. See Elections, 1.
APPLICATION FOR RESTRAINING ORDER. See Proce-
dure, 1.
APPLICATION FOR STAY. See Appeals, 1; Constitutional Law,
VI; Elections, 2-3; Stay, 1-2.
APPROVAL OF VOTING CHANGES. See Voting Rights Act
of 1965, 1-2.
ARBITRATION. See Labor Management Relations Act; Na-
tional Labor Relations Act, 1-2; Remedies; Seamen.
ARIZONA. See Voting Rights Act Amendments of 1970.
ASSAULT. See Bail; Constitutional Law, VII; Procedure, 2.
ASSESSMENT WORK. See Mineral Leasing Act of 1920.
ASSUMPTION OF JURISDICTION. See Indians; Jurisdiction.
AT-LARGE ELECTIONS. See Voting Rights Act of 1965, 1-2
ATTORNEY GENERAL. See Voting Rights Act of 1965, 1-2.
ATTORNEYS. See Constitutional Law, II; Habeas Corpus;
Pleas, 1-3; Procedure, 4-5.
See Abstention, 2; Constitutional Law,
Appeals - Conduct of federal agents—Provocation. — Since MR.
JUSTICE BLACK is not sure that three of his Brethren will agree with
his view that the Government's conduct in this case raises questions
worthy of review, he will take no action on the application for bail
pending appeal but will refer it to the full Court at its first meeting
in October. Marcello v. United States (BLACK, J., in chambers),
p. 1208.
BALLOTS. See Elections, 1-3; Stay, 1-2.
BANKRUPTCY ACT.
Accrued vacation pay-Property.--Bankrupt wage earner's vaca-
tion pay, accrued but unpaid at time of filing of petition, does not
pass to trustee in bankruptcy as "property" under § 70a (5) of the
Act. Lines v. Frederick, p. 18.
BANKS. See Standing to Sue.
BANK SERVICE CORPORATION ACT. See Standing to Sue.
BARGES. See Admiralty.
BEHAVIOR IN COURT. See Constitutional Law, III, 2; Con-
tempt; Trials.
BEHAVIOR OF DEFENDANT. See Constitutional Law, III, 2;
Contempt; Trials.
BENEFICIARIES. See Aid to Families With Dependent Chil-
dren; Constitutional Law, IV.
BILLS OF ATTAINDER. See Abstention, 2; Constitutional Law,
III, 4.
BINDING AND GAGGING. See Constitutional Law, III, 2; Con-
tempt; Trials.
BLACKFEET INDIANS. See Indians; Jurisdiction.
BORDER SEARCHES. See Appeals, 1; Constitutional Law, VI.
BOSTON. See Federal Maritime Commission; Judicial Review;
Procedure, 3.
BOUNDARIES. See Voting Rights Act of 1965, 1-2.
BRIBERY. See Constitutional Law, VII; Procedure, 2
BURDEN OF SEEKING REVIEW. See Constitutional Law, V;
Obscenity.
BUSINESS NECESSITY. See Civil Rights Act of 1964; Sex
CALIFORNIA. See Appeals, 1; Constitutional Law, VI; Habeas
CANCELLATION OF CLAIMS. See Mineral Leasing Act of
1920.
CANDIDATES. See Elections, 1-3; Stay, 1-2; Voting Rights Act
of 1965, 1-2.
CANTON, MISSISSIPPI. See Voting Rights Act of 1965, 1-2:
CAPITAL PUNISHMENT. See Pleas, 1-3.
CARGOES. See Admiralty; Federal Maritime Commission; Ju-
dicial Review; Procedure, 3.
CARRIERS. See Federal Maritime Commission; Interstate Com-
merce Act; Judicial Review; Procedure, 3.
CASEWORKERS. See Aid to Families With Dependent Children;
Constitutional Law, IV.
CATHOLIC PRIEST. See Constitutional Law, III, 1; Venue.
CEASE DOING BUSINESS. See National Labor Relations Act,
1-2.
CENSORSHIP. See Constitutional Law, V; Obscenity.
CERTIORARI. See also Constitutional Law, VII; Procedure, 2;
Sentences.
Improvidently granted-Increased sentence-Conduct after first
sentence.-Greater severity of petitioner's second sentence, as Court
learned after granting certiorari on issue of retroactivity of North
Carolina v. Pearce, 395 U. S. 711, was based on petitioner's conduct
(specifically referred to at resentencing) after the first sentence;
writ is therefore dismissed as improvidently granted. Odom v.
United States, p. 23.
CESSION OF JURISDICTION. See Indians; Jurisdiction.
CHANGED REQUIREMENTS. See Voting Rights Act of 1965,
1-2.
CHANGE OF VENUE. See Constitutional Law, III, 1; Venue.
CHICAGO. See Interstate Commerce Act.
CHIEF OF POLICE. See Abstention, 2; Constitutional Law,
III, 4.
CHILDREN. See Aid to Families With Dependent Children; Con-
stitutional Law, IV.
See Internal Revenue Service, 1-2; In-
CITY ELECTIONS. See Voting Rights Act of 1965, 1-2.
CIVIL JURISDICTION. See Indians; Jurisdiction.
CIVIL RIGHTS ACT OF 1964. See also Sex Discrimination.
Sex discrimination-Hiring policy-Business necessity. Under
Title VII of the Act, an employer may not, in the absence of busi-
ness necessity, refuse to hire women with pre-school-age children
while hiring men with such children. Phillips v. Martin Marietta
Corp., p. 542.
CIVIL RIGHTS ACT OF 1968. See Indians; Jurisdiction.
CLAIMS. See Mineral Leasing Act of 1920.
COCONSPIRATORS. See Constitutional Law, I.
COERCION. See Habeas Corpus; Procedure, 5.
COLLATERAL ATTACK. See Federal Maritime Commission;
Judicial Review; Procedure, 3.
COLLECTIVE-BARGAINING AGREEMENTS. See Labor Man-
agement Relations Act; Remedies; Seamen.
COLORADO. See Mineral Leasing Act of 1920.
COMMONWEALTH OF PUERTO RICO. See Abstention, 1;
Appeals, 2.
COMMUNITY PREJUDICE. See Constitutional Law, III, 1;
Venue.
COMPETITION. See Standing to Sue.
COMPTROLLER OF THE CURRENCY. See Standing to Sue.
CONCURRENT JURISDICTION. See Indians; Jurisdiction.
CONDUCT OF FEDERAL AGENTS. See Bail.
CONDUCT OF TRIAL. See Constitutional Law, III, 2; Contempt;
Trials.
See Federal Maritime Commission; Judicial
Review; Procedure, 3.
CONFRONTATION CLAUSE. See Constitutional Law, I.
CONGRESSIONAL CANDIDATES. See Elections, 1-2; Stay, 1.
CONNECTING LINES. See Interstate Commerce Act.
CONSIGNEES. See Federal Maritime Commission; Judicial Re-
view; Procedure, 3.
CONSPIRACY. See Constitutional Law, I.
CONSTITUTIONALITY OF STATUTES. See Abstention, 1;
Appeals, 2.
CONSTITUTIONAL LAW. See also Abstention, 2; Aid to Fam-
ilies With Dependent Children; Appeals, 1; Certiorari; Con-
tempt; Obscenity; Pleas, 1-3; Procedure, 1-2, 4; Sentences;
Taxes; Trials; Venue; Voting Rights Act Amendments of
1970.
Evidence of coconspirator's statement-Georgia law-Court of
Appeals' holding that Georgia statute, which allows into evidence
a coconspirator's out-of-court statement made during concealment
phase of conspiracy, violated appellee's right to confrontation se-
cured by Sixth and Fourteenth Amendments, is reversed. Dutton
v. Evans, p. 74.
Mistrial.-Judgment dismissing information on ground of former
jeopardy, on appellee's pretrial motion where judge had discharged
jury and aborted earlier trial in order that witnesses consult with
attorneys, is affirmed. United States v. Jorn, p. 470.
1. Change of venue-Misdemeanors.-State law that categorically
prevents change of venue for jury trial in criminal case, regardless
of extent of local prejudice against defendant, solely on ground that
crime with which he is charged is misdemeanor, is violative of right
to trial by impartial jury guaranteed by the Fourteenth Amend-
ment. Groppi v. Wisconsin, p. 505.
2. Criminal contempt-Vilification of judge. Here, where de-
fendant in state criminal contempt proceeding vilified the judge
during course of defendant's trial and was sentenced by that judge
to 11 to 22 years for contempt, he is entitled under Due Process
Clause to a public trial before another judge. Mayberry v. Pennsyl-
vania, p. 455.
3. Income tax exemptions-Cutoff date.-Section 501 (c) (14) (B)
of the Internal Revenue Code, which limits income tax exemption
for nonprofit mutual insurers to those organized before September 1,
1957, is not an arbitrary classification violative of due process ré-
quirements, Congress having had a rational basis for concluding
that an extension of the cutoff date could adversely affect federal
programs. U. S. v. Maryland Savings-Share Ins. Corp., p 4.
4. Posting names in liquor outlets--Absence of notice and hear
ing.-Label or characterization given an individual by "posting" his
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