Garner v. Bd. of Public Works of Los Angeles (No. 453-Oct. term, 1950)
Scope and Contents
This series contains copies of judicial opinions written by Burton, including several drafts with edits to language and content. Some are fragments. Also included is a conference list from 1945.
Dates
- Creation: 1945-1957, n.d.
Access Restrictions:
No restrictions.
Full Extent
From the Series: 0.4 Linear Feet
Language of Materials
From the Collection: English
Abstract
Question of validity of municipal loyalty oath. Burton, J. dissenting in part; memorandum; two prints of dissent.
City Charter of Los Angeles barred from employment any person whoo advocated overthrow of government by force or belonged to any organization so advocating. Ordinance required loyalty oath stating employee was not and had not been for 5 prior years a member of any such allegedly subersive group. Employee also required to execute supplemental affidavit with no time limit. Suit brought by employees discharged for failure to comply with requirements.
Court, Clark, J., upholds validity of loyalty oath. Douglas and Black, JJ., dissent, holding ordinance invalid in toto as bill of attainder and ex post facto law. Burton and Frankfurter, JJ. dissent separately on more limited ground that oath not limited to affiliations known by employees to be in proscribed class.
Repository Details
Part of the George J. Mitchell Department of Special Collections & Archives, Bowdoin College Library, Brunswick, Maine 04011 Repository
