Testimony XIV

Richard J. O'Melia Collection

1. Supreme Court Albany County "In the Matter of the Application of Board of Education of the City of New York and William Jansen as Superintendent of Schools of the City of New York, Petitioners, For an order pursuant to Article 78 of the Civil Practice Act --against-- James E. Allen, Jr., as Commissioner of Education of the State of New York, Harry Adler, Julius Nash, Minerva Feinstein, Irving Mauer, and Samuel S. Cohen, Defendants." (35149)
   Date: December 13, 1957
   To be argued by: Peter Campbell Brown
   Content: Petitioners' Memorandum "This is a proceeding under Article 78 of the Civil Practice Act to review a decision made by the Commissioner of Education on August 7, 1956, which stayed the Board the Education of the City of New York and its Superintendent of Schools (1) from questioning the individual defendants or any other teachers or subordinate employees of the said Board, as to the identity of other present employees of the Board who have been or now are members of the Communist Party, and (2) from suspending or preferring charges against the individual defendants herein or any other teachers or employees for refusal to identify present employees of said Board of Education whom such defendants, teachers of employees, at the time of their alleged severance from the Communist Party, knew to be fellow party members. Defendant Cohen, who is a school principal, was directed by the Commissioner to identify any person in his particular school whom he knew or believed to be a Communist. Otherwise, the Commissioner of Education did not distinguish defendant Cohen from the other teacher defendants herein."

2. Supreme Court Albany County "In the Matter of the Application of the City of New York and William Jansen, as Superintendent of Schools of the City of New York"
   Date: February 13, 1957
   Content: Petitioners' Reply Memorandum Introductory Statement "Upon oral argument and in his brief subsequently submitted, the Commissioner's counsel advanced several contentions which, for convenient reference, will be reviewed in the sequence of the presentation of the issues in the petitioners' main brief. Inasmuch as the Commissioner's decision in Adler case covered the issues under consideration, this memorandum is addressed to such decisions except where otherwise specifically noted..."
   
   
3. Supreme Court Albany County "In the Matter of the Application of The Board of Higher Education of the City of New York, Petitioner, For an order pursuant to Arcile 78 of the Civil Practice Act --against-- James E. Allens, Jr. as Commissioner of Education of the States of New York and Charles W. Hughes, Defendants." (35075)
   Date: December 12, 1956
   To be argued by Peter Campbell Brown
   
   
4. Hand-Typed: State of New York Supreme Court Albany County In the Matter of Application of Board of Education of the City of New York and William Jansen, as Superintendent of Schools of the City of New York...
   Date: None
   Content: " Brief of Respondent, Commissioner of Education. Statement. This is a proceeding under Article 78 of the Civil Practice Act in which petitioners seek to review two judicial determinations of the Commissioner of Education rendered under Section 310 of the Education Law. These determinations decided, as a matter of educational policy, that the Board of Education or the Board of Higher Education may not dismiss a teacher for refusal to give names of other teachers who at one time or another were known to the questioned teacher a members of the Communist Party."
   
   
5. Hand-Typed: Supreme Court Albany County In the Matter of the Application of Baord of Education of the City of New York and William Jensen as Superintendent of Schools of the City of New York...
   Date: December 14, 1956
   Submitted by: Mario J. Rizzi, Supreme Court Stenographer ARsenal 3-5064
   Content: "At a Special Term of the Supreme Court, Albany County, held before Mr. Justice Taylor, at the Albany County Court House, Albany, New York, on December 14, 1956, the following proceedings were had: MR. BROWN: If your Honor please, I am appearing as a Corporation Counsel for New York City. I am appearing for both the Board of Education and the Board of Higher Education in two companion cases, the Hughes matter as the other matter, numbers 1 and 55 on the calendar. All of the parties are in agreement to take them at one time. MR. BRIND: I represent the Commissioner of Education, State Education Department. MR. ASHE: In number 1, I appear on behalf of Respondent Samuel S. Cohen. MR. BOUDIN: I appear in number 1 on behalf of the Respondents Julius Nash, Harry Adler, Minerva Feinstein and Irving Mauer. MR. FRAENKEL: I appear in number 55 on behalf of the defendant Hughes...."