William O. Douglas

“ Where, as here, the relief sought is the adjudication of collateral matters which cannot be adjudicated in the state proceedings under state law, there is no occasion to invoke the statute. 'That provision is an historical mechanism (Act of March 2, 1793, 1 Stat. 334, 335) for achieving harmony in one phase of our complicated federalism by avoiding needless friction between two systems of courts having potential jurisdiction over the same subject-matter.' Hale v. ”

“ Unless and until Schwartz is overruled, the beneficent effect of § 605 will be stultified by the admission of tainted evidence in state trials. The privacy of the individual, history assures us, can never be protected where its violation by state officers meets with reward rather than punishment. ”

“ Petitioner is charged, in a New York state court, with the commission of several serious crimes. His complaint in the instant proceeding alleged that 'on or about June 15th, 1959, and thereafter' agents of the District Attorney and of the New York police force tapped his telephone wires pursuant to a state court warrant and 'obtained certain information.' That information, and other evidence to which it led, was divulged to the grand jury, which indicted petitioner, and to the press. ”