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UNITED STATES ATTORNEYS BULLETIN

Vol September 14 1953 No

United States Attorneys

Following are the correct addresses for the United States

Attorneys offices in the districts designated

District Headquarters

Florida southern P0 Box 928

Miami Florida

Tennessee eastern 201 Federal Building

Knoxville Tennessee

Tennessee middle 879 .5 Court House

Nashville Tennessee

United States Attorneys are located in United States Post Office

Buildings unless otherwise indicated

The cooperation of the United States Attorneys offices

in acknowledging receipt of the United States Attorneys Manual has

been most helpful Approximately three-fourths of the districts

have sent in receipts The remaining districts which have not sent

in receipts are urged to do so as promptly as possible

In speech prepared for delivery before the American Bar

Association in Boston Massachusetts on August 27 1953 the AttorneyGeneral discussed the substantial Increase in the incidence of crime

in recent years and the law enforcement problems which such increase

poses In describing the forces underlying this increase he emphasized the need for revised laws and enforcement techniques to meet

the chafl.e3ge of highly organized racketeering and gangsterism which

operate through powerful criminal syndicates The Attorney Generastated that among the steps the Department has taken to eliminate the

social evils of racketeering and gangsterism are the vigorous enforce-

merit of the SlOt Machine Act which prohibits the transportation of

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gambling devices in interstate commerce the endorsement of legislative proposal which would prohibit the interstate transmission of

gambling information the speedy denaturalization and deportation of

gangsters and racketeers who are aliens or who have derivative citizen-

ship and the study of ways and means of strengthening the tax lawsin order that they may bee cane potent weapon In the drive on organizedcrime

In referring to the latter study Mr Brownell describedthe abuse to which the plea of nob contendere has been put in criminab cases particularly tax cases He pointed out that as practical matter the plea accomplishes little in the ordinary case andthat the defendant after pleading nob contendere may deny all of the

facts in criminal indictment and the Government still must prove Its

case in civil litigation which usually follows The Attorney Generalstated his belief that the use of this plea must be discouraged and

that accordingly he had instructed the United States Attorneys to

consent to its entry only in the most unusual circumstances and then

only after approval by the Assistant Attorney General in charge or bythe Office of the Attorney General

____Another topic touched upon by the Attorney General was the

need for invigorating the enforcement of the conflict of intereststatutes which have fallen into desuetude in recent years In particular he singled out Section 284 of the Federal Criminal Code whichmakes it felony for any employee within two years after leaving theGovernment servi..e to act as counsel attorney or agent in prosecuting any claim against the United States involving any subject matterwith which he was directly connected when employed He construed the

statute as disqualifying former employees for period of two yearsfrom representing parties In any capacity with respect to all matters

in which the United States is Interested and with which the individualhad official connection when employed by the Government and as encom

.3 passing monetary and non-monetary claims and claims which seek affirmative relief against the Government as well as claims asserted to defeat

claims made by the Government The Attorney General stated that the

United States Attorneys had been advised of this broad construction of

the statute and had been instructed to prosecute all violations of

Section 284 as thus construed

Mr Brownell also described the recently adopted Federal

employee security procedures which have been designed to meet the

problem of Communist Infiltration Into Government In stating his

belief that the new procedures assure fair treatment to all accused

of disloyalty he pointed out that the hearing procedures have been

broadened both for accused individuals and for organizations designated as Communist or subversive and that such designation of an

organization Is preceded by the most thorough investigation and studyof all of the evidence

In concluding his remarks the Attorney General called uponthe organized bar and law enforcement agencies for their cooperationin the enforcement of the new steps which the Department has determined to take as its part in the battle against organized crime

Thomas Schneider of Washington has been

appointed as First Assistant to Assistant Attorney General StanleyBarnes Antitrust Division Mr Schneider will assist Mr Barnes

in the genera supervision of the Division and in connection withhis activities as Co-Chairman of the Attorney Generals NationalCcznrnittee to Study the Antitrust Laws Mr Schneider was born in

____ Cedar Hill Tennessee and received an A.B degree from the University of the South in 1917 and an LL.B degree from Harvard Law

School in 1925 He was an instructor In law at the United States

Military Academy West Point from 1927 to 1930 and was with the

law firm of Pitney Hardin and Ward Newark New Jersey from 1930to 19314 He served as Chief of the Legal Section of the Reconstruction

_________ Finance Corporation Washington from 1935 to 1936 and as AgencyCounsel of the New York Loan Agency of the R.F .C from 1937 to September1911.2 when he went with Standard Brands Incorporated as General Counsel

Mr Schneider re-entered Government service in 19149 asconsultant to the Munitions Board of the Defense Department In

1950 he became Chairman of the Personnel Policy Board of the Department of Defense and in January 1952 Assistant Secretary of CommerceIn charge of International Affairs He was member of the PresidentsMission to Europe to study business and economic conditions in the fail

of 1952 Mr Schneider served as an officer of the Regular Army from

1917 to December 1929 He was with an artlllorj regiment in France

during World War and served as personal aide to General Pershingfor five years

George Leonard of Tuckahoe New York has been appointedas First Assistant to Assistant Attorney General Warren BurgerCivil Division Mr Leonard was born in Washington and received an degree from Columbia University In 1939 and an LL

degree in 1911.1 from Columbia Law School He became associated in

19141 with the law firm of Craveth Swaine Moore in New York andhas remained with it continuously except for wartime service Heentered the Naval Reserve in 19142 and served on the staff of CINCPOAPearl Harbor T.H until October 191411 when he was transferred to

Washington Awarded Bronze Star and Distinguished Unit Citation

tr trT .d-trr .tL

as veil as various campaign ribbons be presently is CcsmiAnder in

the Naval Reserve and crrnding off icer of Volunteer Training

____ Unit in Air Cnbat Intelligence Mr Leonard is member of the

Association of the Bar of the City of New York and served on itÆ

Coimuittee on Courts of Superior Jurisdiction 1950-1953

4J

ICCRIMINAL DIVISION

Assistant Attorney General Warren Olney III

NEW LEGISLATION RELATING 10 INDIANS

Conferring Jurisdiction on States in Criminal and Clvii Caseson Indian Reservations Public Law 250 83d Congress lBt Sessionapproved on August 15 1953 provides tlmt new section 1162 be added

to Title 18 U.S.C which relinquishes to the State of California theState of Minnesota except the Red Lake Reservation the States of Nebraskathe State of Oregon except the Warm Springs Reservation and the State of

Wisconsin except the Menominee Reservation criminal jurisdiction over

offenses committed by or against Indians in the areas of the Indian

country to the same ectent as these states have jurisdiction to prosecuteoffenses committed elsewhere within the state Sections 1152 and 1153Title 18 U.S.C are no longer applicable to the Indian country of these

states except the Indian Reservations specifically mentioned in the law

The rights privileges and immunities afforded the Indiana

under federal law treaty or agreement with respect to hunting trappingand fishing are secured and protected by the Act as are their real and

personal property rights in regard to alienation encumbrance or taxation so long as their properties are held in trust by the United Statesor are subject to restriction against alienation imposed by theUnited States

new section 1360 is also added to Title 28 whichmakes the civil laws of the aforementioned states that are of generalapplication to private persons similarly applicable to Indians exceptas to those Indians residing in the previously designated IndianReservations

The Act also grants the consent of the United States to stateswhere necessary to amend their Constitutions or existing statutes sothat these states may along with other states assume the jurisdictionrelinquished by the federal government in this Act at such time and insuch manner as the people of these states shall by affirmative legislation obligate and bind the state to the assumption thereof

Terminating Certain Federal Restrictions Upon Indians PublicLaw 281 83d Congress 1st Session approved August .15 1953 repealssection 265 Title 25 U.S.C which forbade persons other than Indiansto purchase or acquire from Indians guns traps cooking utensils etcwithin Indian country and also repeals section 266 Title 25 U.S.Cwhich related to the sale of armng and ammunition to hostile Indians

Section 1157 Title 18 U.S.C relating to the sale or transfer of livestock in the possess ion or control of restricted Indiana isamended by the Act so as to limit its applicability to livestock purchased by or for Indians with funds provided from the revolving loan

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fund established by Congress in the Acts of June 18 l931i li.8 Stat 9811

and June 26 1936 11.9 Stat 1967 as amended or from regulated tribal

loan funds and to livestock issued to Indians as loans repayable inkind and to the increase of all such livestock and only until such

time as the loans are repaid Under this law it is the duty of anypurchaser to exercise reasonable diligence to ascertain that the livestock are not subject to such loans

Section 195 Title 25 U.S.C which prohibited the sale of

cattle purchased by the government for Indiana to persons other than

Indians of the same tribe is also repealed

Indian Liquor Laws Application of Indian Liquor LawsAmendment of Title 18 United States Code On August 15 1953 the

President signed 1055 83d Congress 1st Session Public Law 277amending chapter 53 of Title 18 regarding the application of

Indian liquor laws On and after that day the provisions of 18 U.S.C

11511 1156 3113 311.88 and 3618 no longer apply to acts and transactiona occurring outside of Indian country This means that sales of

liquor made outside of Indian country to the Indians specified in

18 11511 are no longer prohibited or penalized by the above-cited

sections However these sections still apply to acts and transactions ____within Indian country and will continue to apply unless anduntil such

acts or transactions are in conformity both with the laws of the state

within which they are committed and with an ordinance of the tribe hay-

lug jurisdiction over such area of Indian country which ordinance has

been c5uly published in the Federal Register Thus these sections of

law still apply to acts or transactiOns occurring within Indian countryunless permittea both by the state law and by tribal ordinance

This law also permits the people of Arizona and New Mexico to

repeal the provisos in their respective state constitutions relative to

liquor so as to enable these states to adopt laws and the Indian tribes

located therein to adopt ordinances which would render the above-cited

sections of law inapplicable to acts or transactions within the area of

Indian country affected thereby

This law has no retroactive proviso Hence prosecutions for

violations which occurred prior to August15 1953 may be had The

policy to be followed respecting Indian liquor law violations Is under

consideration and will be included in subsequent issue of the Bulletin

Meanwhile it Is suggested that the several United States Attorneys in

the districts affected by this new law familiarize themselves with the

laws Of their particular state relative to the sale and traffic in

liquor and the terms of any tribal ordinance respecting such sale ana

traffic so as to be in position to determine whether the above

sections apply in given instance Also it should be borne in mind

that the above law does not affect any liability which has been or hereafter may be incurred under the Internal Revenue laws relative to the

manufacture of and traffic in liquor

ScNARCOTICS LEG ISLAION

____ Definition of Narcotic Drugs Description of Drugs in Indictment

and Information By Public Law 2i4.O 83d Congress 1st Session E.R 5561which was approved on August 1953 the definition of narcotic drugs

within the meaning of the internal revenue laws and the Narcotic Drugs

Import and Export Act was amended and placed in Section 3228 26 Usc 3228by adding new subsection thereto This new subsection now reads

Narcotic Drugs The words narcotic drugsas used in this part and subchapter of chapter 23shall mean any of the following whether produced

directly or indirectly by extraction from substances

of vegetable origin or independently by means of

chemical synthesis or by combination of extraction and chemical synthesis

Opium isonipecaine coca leaves and opiate

Any compound manufacture salt derivative

or preparation of opium isonipecaine coca leavesor opiate

Any substance and any compound manufacture

salt derivative or preparation thereof which is

1T chemically identical with any of the substances

referred to in clauses and

The definitions of isonipecaine and opiate remain in subsection 3228eand respectively as to internal revenue lava These definitions byamendment of the Narcotic Drugs ort and Export Act 21 USC 171a are

to apply to these drugs within the meaning of that Act To accomplish the

purpose of this new law there also were included technical amendments of

Sections 2550a 2558b 256Z4.b 3220 3222cl and 3228e and

and as stated above 21 USC 171a

The principal object of this new law is to include within the

definition of narcotic drugs synthetic drugs having the same properties

as opium and coca leaves and their derivatives It is possible at this

time to synthetically produce drugs chemically identical with the derivatives of opium and coca leaves although so far the processes are too expensive to be commercially practical Nevertheless the threat exista

It is requested that the description of the narcotic drugs to

be included in indictments and criminal informationa based on violations

occurring ter Ast 1953 should eliminate the phrases deny

.ctive of opium or derivative of coca leaves and shou.d describe the

drug as narcotic drug to wit 10 grains of heroin or morphine or

cocaine etc as the case may be Whether the drug is synthetic product or derivative from the natural source is no longer of importance

SUBVERSIVE ACTIVITIES

___ Smith Act Peacetime Sedition-Conspiracr to Violate United

States Stephen Mesarosh et Pa In this case after

prolonged trial which commenced on March 1953 five leaders of the

Ccmmiunist Party were convicted on August 20 1953 of violating 18 U.S.C371 by conspiring to violate 18 U.S.C 2385 An indictment was returned

on January 18 1952 charging that the defendants conspired to teach

and advocate the overthrow and destruction of the Government by force and

violence as speedily as circumstances would permit and to organize

and help to organize the Communist Party U.S.A as group to teach and

advocate the overthrow and destruction of the Government by force and

violence in the foregoing manner On August 25 1953 Judge Rabe

Marsh Jr sentenced all of the defendants Stephen Mesa.roah better

known as Steve Nelson Benjamin Careathers William Albertaon James Dolsen

and Irving Weisaman to five years imprisonment The trial of the sixth

TT defendant Andrew Onda was severed because of illness

This case represents the successful completion of six Smith

Act trials Since the inception of this program ninety-four Communist

____Party functionaries have been indicted for this offense Including the

five Communist Party leaders who were found guilty in this case there

have been fifty-six convictions to date Smith Act trial is currentlyin progress at Seattle Washington and similar prosecutions are pending

____ at St Louis Missouri Detroit Michigan and Philadelphia Pennsylvania

Staff Former United States Attorney Edward Boyle presently

Special Assistant to the Attorney General for this case Irwin SwissAssistant United States Attorney and William Hundley and Richard

Alfriend III Criminal Division

LIQUOR REVENUE

Refilling of Indicia Btles in Violation of Sections 2871

2908 Internal Revenue Code Representatives of the Internal Revenue

Service have called attention to the growing number of violations in

retail liquor dealer establishments through the unlawful refilling of

bottles of distilled spirits bearing labels of choice liquor with cheaper

brands of liquor or through other adulteration methods Very little

fraud on the revenue if any Is Involved Inasmuch as the liquor used

In the refilling Is usually tax-paid However the public definitely is

defrauded by such practices It has been indicated that in many instances

prosecutions have been declined by United States Attorneys becausesuch cases were considered to be petty in view of the fact that there

is no loss in revenue Càoperation with state licensing authorities bythe Alcohol and Tobacco Tax Division has been effective to curb this

practice in some states but this is reported as not being true in manyothers It is believed that the vigorous and successful prosecution of

the more flagrant violators would soon have salutory effect In

districts where such violations are reported with comparative frequencyUnited States Attorneys are urged to prosecute those cases in which the

evidence is adequate and the violations were deliberate and- flagrant

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___ TAX DIVISION

Assistant Attorney Genera Brian Holland

Refund Suit -- Deductibility of Support PaymentsIncident to Divorce Decree Stewart Rothensies E.D PaUp until about year ago the courts had uniformly held that

whether separation agreement under which support payments were

being made to divorced wife was incident to her divorce was

question of fact The statutory expression incident to in

Section 22k of the Code was held to relate to whether the

parties or either of them had contemplated or anticipateddivorce at the tiine the agreement was entered into In other

words the state of mind of the parties was regarded by the

courts as the controlling factor in determining whether the agreeinent was Incident to the divorce However within the past year

three appellate d.eclBions rendered by three different United

States courts of appeal have apparently cast some doubt on this

contemplation requirement by pointing out that the terms of the

agreement itself may provide the necessary evidence But these

____ decisions have not flatly stated that the statutory expressionIncident to In Section 22k is no longer to be regarded as

question of fact although such implication would appear to exist

in their holdings In order therefore to define the limits of

such appellate decisions the Tax Division recently undertook to

argue on motion for summary judgment in the District Court at

Philadelphia that the determination of whether separation agreement was Incident to divorce Is question of law and not one of

fact On August 28 1953 the Court granted the Government

motion to dismiss the complaint This matter is significant be-

cause it marks the first instance that the Tax Division has ever

urged that this was matter of law rather than one of fact and

it is the first time that case involving Section 22k has ever

been presented on motion for summary judgment

Staff Clarence Nickm.n Trial Section Tax Division

11

Sc

ANTITRUST DIVISION

Assistant Attorney General Stanley Barnes

On August 20 1953 Assistant Attorney General

Stanley Barnes addressed the National Congress of Petroleum

Retailers Inc at its convention in Pittsburgh Pennsylvania

on the subject of Oil and The Antitrust Laws Judge Barnes

reviewed the antitrust litigation which had involved the oil

industry since the passage of the Sherman Act and pointed out

how the growth of the industry had been aided rather than yetarded by such litigation These cases began with the breaking

up of the Standard Oil Trust into 51 separate companieB followed

by decisions dissolving patent pools liberalizing the policies

.1 adopted for the distribution of leaded gasoline breaking up

price fixing conspiracies in various areas outlawing exclusive

dealing and fufl line forcing practices in supplying retailers

_______ and abandonment of production and refining controls by an oil

trade association

Judge Barnes in discussing the pending cases relatingto the petroleum industry revealed that the number of these

cases and the complexity of some of them required the assignment

of 10% of the attorneys now available to the Antitrust Division

He stated that the Division cannot devote disproportionate part

of its staff to investigations and cases in any single industry

no matter how important it may be to persons interested or affected

since it is Impossible to investigate and take action on all complaints received concerning particular industry although all are

catalogued and many are investigated

Copies of the speech are available from the Antitrust

Division Department of Justice Washington 25

Following is the statement made before the Antitrust

Law Section of the American Bar Association in Boston Massachusetts

on August 27 1953 by Assistant Attorney General Stanley Barnes

and Chesterfield Oppenheim on the organization of the AttorneyGeneral National Committee to Study the Antitrust Laws

As announced in an address delivered June 26 the AttorneyGeneral has established National Committee to Study the Antitrust

12

Laws appointing Stanley Barnes Assistant Attorney General in chargeof the Antitrust Division and Chesterfield Oppenheim Professor of

Law of the University of Michigan as Co-chairmen of the Committee

The President has approved the Committee as an instrument for

modernizing and strengthening the antitrust laws therefore it is national

in character The Committee will study the major antitrust statutes the

Sherman Act Federal Trade CQxmiission Act Clayton Act including the

Robinson-Patman Act amendment and all of the related Federal antitrust

statutes and special statutory provisions As the prime objective of the

Committee which is study group is to make an evaluation of ou national antitrust policy it is necessary that two basic premises be

accepted The first premise is that fair and effective national antitrust policy is an indispensable non-partisan article of faith of our

political and economic democracy The other Is that private competitive

enterprise is our chief reliance for the kind of an economy we arØdØtermined to keep in flourishing condition

The principal assignment of the Committee Is to arrive at con____ clue Ions and recommendations on what to do about what is already known

about antitrust rather than to act as if it were starting from scratch

to discover what antitrust is all about It is to be accomplished by

pooling of the talents of the informed antitrust minds of this country

The personnel of the Committee will consist of the Working

Group and the Advisory Group The Working Group under the general direction of the Co-Chairman will be s1 group working on the preparation of initial drafts of specific topics or perhaps areas of reportThey will be assisted by staff personnel from Government agencies and

from private souràes The Advisory Group will submit to the Co-Chairman

for reference to the Working Group their views and recoinmendatiors on any

part of the subject matter of the Committee studies They will also

appraise what the Working Group formulates in the draft reports

The members of the Committec consist of practicing lawyerscounsel for all sizes of business firms economists and law teachers

There will be liaison with Government personnel both Houses of Congressand the Federal judiciary Al members are rendering their services

without compensation from the Government

Any private person group or organization interested in ques____ tions in the antitrust field within the subject matter of the Committee

studies will have the privilege of submitting written statements of views

to the Co-Chairmen for reference to the Working Group ThiB material

will be reviewed and analyzed by the Group

13

In an address before the Antitrust Law Section of the

American Bar Association in Boston Massachusetts on August 27 1953Assistant Attorney General Stanley Barnes stated that the Government will enforce the antitrust Btatutes equally will seek to sinplify the administration of the statutes and will endeavor to render

assistance to businessmen who act in good faith in attempting to complywith the law

He observed that from his studies and contacts he had come

to the following tentative beliefs First That the Sherman Act and

its thirty odd supplemental or rated laws are the means chosen bythe people of America to confirm and preserve competitive enterprise

existing under limitatione placed on freedom of commercial actionSecond That if there is to be any change with regard to enforcement

it should be accomplished by express legislative enactment Third

That most of the cases filed by the Antitrust Division represent outand-out violations of well-recognized antitrust prohibitions and

Fourth That certain cases brought in the past may or may not be on

the periphery of the law and contemplate possible extensions of legal

theories based upon political or sociological doctrines and belief

Accordingly for the purpose of determining whether there are cases

__ which should be dismissed every one of the 139 cases pending in the

Antitrust Division will continue to be reviewed Before instituting

case the Government will want to know not only that the case is

sound but what will be accomplished by winning it In arriving atdecisions and conclusions no suit will be filed that is not sound

and in the public interest It is hoped that in appropriate casesthe time can be found for around-the -table discussion and explanationbefore any lawsuit is filed

S..-

Authority of Interstate Commerce Commission to Regulateunder 11.9 U.S.C 303 Interstate Commerce Ccmmissionv Allen

Kroblin Incorporated Iowa On June 30 1953 Judge Henry

G1ven held that Section 203 of the Interstate Commerce

Act 11.9 303 denies to the Interstate Commerce

Commission any power to regulate trucks hauling dressed poultry or

eviscerated poultry for hire The Comnission instituted proceedings

.1 to stop the operation The Department of Agriculture as amicus

curiae opposed the Coemission The Department was not party and.

took no part On the same date the Court isØued Its order dismissingthe complaint with prejudice and final judgment was rendered in favor

of the defendant

Section 203b exempts from regulation motor vehicles

used In carrying property consisting of ordinary livestock fish in-cluding shell fish or agricultural including horticultural corn

mod.ities not including manufactured products thereof if such motor

vehicles are not used in carrying any other property or passengersfor compensation

ADMINISTRATIVE DIVISION

Administrative Assistant Attorney Genera Andretta

Reimbursable Services

i4There is general misconception concerning reimbursement

among Government agencies for services rendered by one to anotherThis is particularly true with regard to medical services needed byUnited States Attorneys and furnished by the Public Health Serviceof the Health Ecucation and Welfare Department and Veterans

____ Administration facilities

Department regulations have Btressed the use of Government

physicians and facilities whenever such use is practicable See

page iZi7 Title United States Attorneys Manual Many members ofthe legal staff have assumed that the use of Government facilities is

____ free This is not true as many are learning through the quarterlyallotment of funds system All expenses of this character payablefrom the appropriation Salaries and Expenses United States Attorneysand Marshals under paragraph page l16 Title examination tomake record are chargeable to the United States Attorneys quarterlyallotment Separate Form 25B is no longer required for this expenseSuch services obtained from Government facilities will be billed to youYou are requested to ask the Government activity to submit the voudirect to you and not to the Department in Washington since it viii

only be necessary to forward the voucher to you for payment by theUnited states Marshal

Any expenses payable under paragraph same page examination for purposes of testifying must be supported by separateForm 25B and authorized in advance by the Department

Frequently the expense of obtaining witnesses from foreignareas or military witnesses is on similar reimbursable basis If

the regulations on pages 120 and 122 of Title of the Manual are faithfully followed there will be no difficulty in connection with paymentsFurthermore observance of the regulations may permit the Departmentby negotiation to minimize the expense as was the case recently when

___ $1500 was saved on obtaining one witness from distant point

____15

IMMIGRATION AND NATURALIZATION SERVICE

Commissioner Argyle Mackey

Attorney Generals Deportation and Denaturalization

Program Denial of Suspension of Deportation Accardi

ShaughneEsy .A Joseph Accardi. an alien included in the

Attorney Genera Deportation and Denaturalization Program appliedin deportation proceedings for suspension of deportation His application was denied by bearing officer whose decision thereafter

was affirmed by the Acting Commissioner and the Board of ImmigrationAppeals He brought habeas corpus proceedings challenging the order

denying suspension of deportation on the ground that the AttorneyGeneral had improperly exercised his discretion in considering confidential information in prejudging his case and in refusing relief when aliens similarly situated had been granted such relief

district court order refusing writ of habeas corpus was affirmed

August 1953 by the Court of Appeals Judge Frank dissentingwhich found nothing in the record to substantiate these charges or

to warrant interference by the court with the Attorney Generals

exercise of his discretion Judge Frank favored requiring hearing in which plaintiffs charges could be further explored

Staff Assistant United States Attorney William

Sexton S.D N.Y

Claim by Deportable Alien of Anticipated Physical Persecution Court Review Dolenz Shaughnesay C.A The deportat ion statute authorizes the Attorney General to withhold deportat ion to any country in which in his opinion the alien wouldbe subject to physical persecution Nereo DolŁnz claimed he wouldbe physically persecuted if deported to Yugoslavia This claim was

rejected and the rejection was upheld in previous litigationDolenz Shaughnessy 200 2d 288 1952 cert den 31.5

928 In second habeas corpus proceeding Dolenz urged that

the Attorney General bad acted on extrinsic evidence and without

making sufficient diplomatic inquiries The court of appeals on

August 11 1953 rejected this new attack finding that the AttorneyGeneral was exercising discretionary authority not subject to

judicial review and that it was quite proper for him to rely on

confidential information On August 31 1953 Justice Jackson grantedstay of deportation pending application for certiorari to the

Supreme Court

Staff Assistant United States Attorney WilliamSexton S.D N.Y Robert Erdah ChiefAppeals and Research Section Criminal Division

...

____Action for Trepaas Against Inmiigrat ion Patrol Officer

Taylor Fine S.D Cal Cent Div In an action believed tO be

of first impression damages were sought by the owner of private

property for alleged trespass by immigration- patrol officers enter

ing his land without warrant in order to arrest aliens illegallyin the United States On July 1953 Judge Leon Yankwich dismissed

the action holding that the entry of the border patrol officers on

plaintiffs property was legal and proper and necessary to the performanceof their duties

Staff Assistant United States Attorney Robert

Grean L.A

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