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October 18 , 1963 Dr . Hugh S . Ge~ger, Jr . 1618 Thompson A venue East Point, Georgia Dear Dr . G ig r : May I acknowledge rec eipt of your lette:r of October 14th together ith a copy of your letter to Congress man Weltn r . I appreciat receiving yo\U' view nd you that Congre sman Weltner is fully c ' zant of my position on S na. Bill l7 31 a he wa present when I te tifi d b fore the Senate Commerce Committ e . Sine r ly your , I n Allen, Jr . , yor 1.AJr/br CC : Congressman Weltner �Octobe r 3, 1963 Hon. Arthur L . Selland, Mayor City of Fresno U. S. Conference of Mayors 1707 H . Street, N . W. Washington, D . C . Dear Mayor Selland : I believe your inquiry of September 30th regarding hmna.n relations committees can best be answered by the attached testimony which Mayor Allen presented to the Senate Commerce Committee. It is a very comprehensive synopsis of what ha be n done in Atlanta. Sine r ly youra, Ann Drummond, Executive Secretary AD/br Endo ure I �TELEPHONE : 298-7535 (Area Code 202) Pre1idtnl: L. ART HUR SE LLAN D Mayor of Fresno UNITED STATES C ONFERENCE OF M AYORS 1707 Vic, Pre1idtnl: RAYMOND R. T UCKER Mayor of St. Louis H STREET, WASHINGTON , NORTH W EST D. C . 20006 lmmedUJu Pa11 Prt1ulen1: RICHARD C. L EE September 30, 1963 Mayor of New H aven ~ ~'\ Pa11 Pre1iden/J: HAYDON BURNS Mayor of J acksonville RICHARD J. D ALEY Mayor of Chio.go ROBERT F. WAGNER Ma}'or of New York City T ru1tu1: JOSEPH M. B ARR Mayor of Pimburgh Dear Colleague: ~J J OH N ] . B UCKLEY Mayor of Lawrence STAN LEY W. C H URCH Mayor of New Rochelle LEWIS CUTRER Ma)'Or of H ouston C LYDE E. FANT Mayor of Shreveporc ] AMES B . MCKINNEY Mayor of Sacramemo WA LTER H. REYNOLDS Mayor of Providence Attached to this letter you will find a brief informational questionnaire concerning the creation of human relations committees. We are attempting to find out as much as we can about where such Committees are and how they are operating in order to be of service to many of our members who are seeking to benefit by others' experience. TERRY D . SCHRUNK Mayor of Portland, Ore. P. A LEX SMEKTA Mayor of Rochester, Minn. Advi1ory Board: NEA L S. B LAISDELL, Chairman Mayor of Honolulu MERL E E. A LLEN Mayor of Ogden P. CAVANAGH JEROM E Mayor of Detroit P. CELESTE FRA N K Mayor of Lakewood, Ohio JOHN F. COLLINS Ma)'Or of Boston STANLEY J. D AVIS Mayor of Grand Rapids ] AMES J. D WORAK Mayor of Omaha T HOMAS GA NGEM I Mayor of Jersey Cicy WJLLIAM E. G LYNN Mayor of Hartford HERMA N W. GoLDNER Mayor of St. Petersbu rg CHESTER KOWAL Mayor of BuHalo H E NRY LOEB Mayor of Memphis FRA N K F . MCDoNALD Mayor of Evansville HENRY W. MAIER Mayor of Milwaukee JACK D . MAL TESTER . Mayor of San Leandro GEORGE SHARROCK Mayor of Anchorage J AMES H . J. TATE Mayor of Philadelphia ALLEN C. T HOMPSON As you know, the Conference resolved at its 1963 Annual Conference to make information with respect to this matter available to those members who request it. Steps have been taken to insure that this service will be objective, confi dential and technically competent . A ten- member Mayors' Committee on Community Relations has been established und e r the Chairmanship of Mayor Herman W. Goldner of St . Petersburg , Florida. This Committee has adopted a carefully worked out program, of which this survey is a part, which will draw together background materials, make available cons ultants to those who request technical aid , establish joint wor k i ng r e lationships on problems in this field with such g r oups a s the International Association of Chiefs of Pol i ce , the Na tional Institute of Municipal Law Officers , and the Ame r ic a n Bar Association . This clearing house t ype of se rv ice wi l l be s uppor ted by a grant from one of the major f oundat i o n s and wil l not involve the ex penditure of fund s paid to t h e Mayors ' Co nference by membe r cit i es . Ma y I s tress the point th a t thi s i s n ot a prog ram of adv ocacy on the p ar t of t h e Conference b ut a program to provid e informa ti on, u p o n re ques t, to May o rs of member cities. Mayor of J ack.son, Miss. GEORGE VAN TASSEL Mayor of Tuscaloosa SAMUEL w. YORTY Mayor of Los Angeles Excc111ive Dire,1or: JOHN J. Thank y ou fo r your coop eration on this survey, and please l et me h ear f r om you with suggesti-Ons for Conference of Mayors activity i n t h is or any other area of interest. GU NTH ER Sincerely yours, ~ r ~ e l l nd Mayor of Fresno President, Conference of Mayors Enclosure Survey Form �U.S. CONFERENCE OF MAYORS Special Survey Human Relations Committees Does your community have a human relations committee? What is its official name? When was the Committee established? Is the Committee bi-racial? Who appointed the Committee? Did the City Council concur? Did the City Council appropriate funds? What was the charge to the Committee? (If possible, attach copy.) (If appropriate, please attach a copy of any Council resolution or ordinance.) How many members? (Please attach a list of Committee members with their race and occupation noted.) Briefly describe problems or issues that have been considered by the Committee. Briefly summarize any recommendations made by the Committee. (Please attach any puh ic reports.) Briefly describe any actionu resulting from the Committee's recommendations. How often does the Commitiee meet? Does the Committee have any staff assistance? Part time Full t'ime None Additional comments: Ci t y: Name of official preparing Report: Please return to: U.S.Confer ence of Mayors 1707 H Street, N. W., Washington,D.C. 20006 �-.•J. .J..V v v ,. , .,. l 1 0 1t\.. ..,, 1,,.l ...u \d,.'- 1 lt • . , l. J .1. . l', ... i~ l ' .,. l.~ , 1 there is no si gn )'et that the railroad unio;~~ have achieved comparable enlightenment. \\"; . :...... lanta's Mayor Speaks occas ions the orate t :c:nl fo i; on Ca pitol Hill is pierced by a voice resonant with courage and dignity. Such a voice was hea rd i· wh en ~Iayor Ivan Allen Jr. of' Atlanta testifi ed ·n before the Senate Commerce Committee in supn port of President Kenncdy,'s bill to prohibi t racial discrimi nation in stores, restaurants and otj1c.>r public accommodati ons. l· On the basis of the very subst,rn t ial accom:s plishments that his city of a hal(-milli on, the II' largest in the Southeas:, has made in desegregating publicly owned and privately owned facili. ,e ties, he might have come as a champion of

n "states' rig hts" and of the ability of localities

,e to banish discrimination without Federal la w. ,1 Certainly, he would have had much more warrant to espouse that view than the Barretts, t he Wallaces and the other arch-segrco-:1.tionists who r aise the specter of Federal "usurpation" id as a device for keeping Southern Negroes in subjection. , n· But Mr. Allen was not in Washington to boast. ne He was there to warn th at even in cities like 'T• Atianta. the progress that had been made might it, be wiped out if Congress turned its back on the . is Kennedy proposal and thus gave impli ed endorsement to the concept that private bnsihcsscs· were free to di scrimin ate. He left behind this cha rge to finish the job started with the Emanci pation Procla~ation a century ago : "Now the

s, elimination of segregation, which is slavery's

st stepchild, is a challenge to all of us to ma kc every American free in fact as well as in theory ., .t• be - and again to establish our nation as the true champion of ihe free world." ~t. to w On rare

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will be the trilling of the pale green tree crickets. L !Ls Individually th e tree cricket's trill is not so foud, Or c;· 1ty. ·rr but because all those in the neighborhood •are, i,ynchronize th eir trills the sound 'can be as And t~·'·r nro insistent a.A w, . ,; t:1c calls of the spring peepers r:. nl"C , Whcr · L,,el< in A11rll. ere c"· The loudest fiddlers of all arc the' katydids,

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!. ·:. .., "·'· .. . ·.,. f. .... Dear Mayor Allen: l. I , I hav: read wit h great interest. the report of your testimony bef ore the Senate Commerce Committ ee on the Adminis t ra:.. tic.:--. ~s civil rights proposals. You made a number of very e ffective points and I believe your excellent presentation will prove to be extremely helpful. Your can did, courageous s t atements are, I believe, most commendable.

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The leadership that has been demonstrated in Atlanta provides an encouraging mode l for cities throughout the United States. Under strong leadership the people of Atlanta have been able to recognize and understand a difficult, complex problem and resolve it -- at least partially -- in a direct and mature fashion. I • .; ,. ' ,4 , .. .. ' ~-. r·.·...-: . r::· \····: . :· f:"f ., I > .'- ,. :·:·." t'. ·. . :·.~-· ~ ·.· .p-..,:· . • r. f.··. ' Sincerely, .r.···. (. . . i· ·:, . ,·.· )" ' ['.. r· . :: .....·, .. ·_· - ··· f ' -~,· ·.. f . r. Honorable Ivan Allen Mayor of Atlanta Atlanta, Georgia .. . ·. ' ' . l·1 • . ~ ,· :: .· . •. .,

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\. ·•· �Ivan: I know you would prefer that I not mention your going to Washington again, but I feel as strongly about you as you do about your convictions. I hope you will decide against going for several reasons. 1. You will alienate the Board of Aldermen, about all of wh,om have expressed opposition to the public accommodation part of the bill. 2. You will lose the good position you have with the state administration and possibly never gain their support on prtje<1.!:ts where we need their 1:elp. 3. The people of Atlanta will not be able to understand why you went after you have been saying how well we have done in Atlanta, and then try to help get legislation passed forcing something which they feel has already been accomplished here. 4. You will lose your effectiveness of working out future problems between the races as the white people will probably turn from you feeling that you are biased toward the Negroes. I feel the first four reasons are since l' e and valid. not be valid, but are t :i::.ue. / / • • the following may 1. The stand which you think you are taking as morally right, will be misconstrued in every possible way and constantly used against you. 2. You will be cold - shouldered to an e x tremely uncomfortable extent. 3. You won't help the Kennedy administration in the south as the south will be more against you than the Kennedys. 4. The Atlanta newspapers won't support you. 5. You won't get re - elected. 6. I don't want to see you suffer unnecessarily. 7. I don't want the city to suffer either. • • Ann �MRS. CLIFTON G. HOFFMAN Chairman MR. M. CARL HOLMAN 1st Vice-Chairman GREATER ATLANTA MRS. ELIZA PASCHALL Executive Director Council On fiuman Relation~ MR. THOMAS McPHERSON, JR. Assistant Director DR. RICHARD RESER 2nd Vice-Chairman MRS. CHARLES PERKINS, JR. Secretary MR. HUBERT JACKSON Treasurer Telephone 525-6469 5 Forsyth Street, N. W. ATLANTA 3, GEORGIA Jumy 22~ 1963 The Hono rab l e I van Allen, Jrg City Hall At l ant a , Georgia Dear Mayor Al l en : I thought the attached informati on might be of i nterest to you, part i cularly in vi ew of your scheduled appearance in Washingt on to testify in regard to your civil rights legislation. Sincerel y yours, ct~~l/~/fJ (Mrs.) Eliza Paschall Executive Director EP/jb At t achment 7?/'~ �Th following i Negro s?" Their re pon Thoee li t of ste.blishments which w re aaked nno you adml.-t e1 follows plying pl yiDg Those YES NO - Ston Mountain (all t oiliti s) Bro dv1ew Iidd1eland Funtown Stone Acr Planation St1.bl of !horo hbred (old utos)The Igloo (ioe skating) Cop it ' Atlant Storyland fri•City Roller Ri.Dk l!.nd. Club P ohtre Domino Lounge G rd.en Terraoe (Biltmor) Th Party Gold n Palm Lo (Atluta• Hank d J rry' s Rid y Xirlg ' a Inn Lounge Lookout Lo • nte Ca.rlo Lo rioana •• Pi.galley Po eeian Loung Robinton1 Ga.rd DI S&D.1 ouol Zebra Lo • The pay Pi•dmont Dr1T •1Jl (Bilt or) Atlanta. Art .AeeoQ1&t1on. ae.1U,11tnhip

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emit oke4 in or att•n4illg • rt.cu.a• • • b. �GREATER ATI.ANT COUNCIL ON 6 Forsyth Street, • • LATIONS Atlanta, Georgia RESULTS OF TELEPHONE CONVbRSATIONS AS TO INTEGRATION Hot 1 1 On June 21, 1963, yor Allen announoed a pl of limit d integ tion at 1, ot l , whe by th a eetabli hmenta would ace pt N gro a who re deleg ta to oonv, ntiiona eting t th a pla.oe o n the Gr ter Atl :ta Council on .>.\.Ill~ Relation inquired if this ohang the ituation in r eg rd to individual gro gu st , inoludi!lg Afrloan , yor Allen in£orm&d ue t~t h had mad th annoW1oement reque'Bted d that hould oont ot r . Styron of th Hot l Association. • Styro~not WI that thi no a tter foF- • oh individual hot l or otel; that it a not an rem nt by the Aasooiation. Reault of individ l inquiri a ar shown belows hotel and Tho•• Replying 0 ~ Boat Inn Atlant ilton Inn llcnrard. Johnson•·, (lf .E.) aoht e or T}i . Americana Motor Hot l The Atlantan liotol the Biltmore Hot l Dillkl r-Plaia tel Bon.rd ->ohruron'• (South and North eat) Pi nt Hotel R1Teri.a · el eata.u~aa Un une 1, 19 , tho 1.'LANTA COB U1'Utl01 c-.rri•d a. report t t it had • learned that 50 nataurant were to deHgregat within t'ew day.. Sin t t t 11 there ha been varioua liata a,nd varioua announo• nt• and nrioua exper1en •• at eatq plaoea. y have oh ed their polioi••• will state one polioy when ulr:ed., but will aot d1fter ntly Yhe onh'on ed with an actual a1tuatio o T air ot authori · ii that iroula.t.d by only- liat that bu b n annowioed with Leater dd • and it oan be said p aitiv ly that that lia-t 1• not a oura.te. ault• or telephone inquiri at.bout d••• re ati n pol1oie, or report• fl'Oll oust re who ban talked wit the - - • r • are ae tollowa• Tho•• 'l'ho plybg 0 DaJ:man•·1 Garde ••'• (ltali.an) •• ( .ieb 1 a n o U'a ... oy Driff•ln ua or•yth •n Dale'a C•llar ellere (Pea htree fb.e 1 of tel) �GGREAT R AfLANTA COUNCIL ON HUMAN RELATIONS 6 Forsyth street, N. 'le July 17, 19 Dr. John Le son, re. Grace Hamilton, rnathy, on rao rel tion Human lation1 , Roo ~!1i us ite and Dr. {P ohtN llowell, · • Donald cont' renco ta Council on dinner , at Stoufteur• y; July 22 , 7t Re tei.urant, li rth LeTel). r Atlantnn who "tten d t Confere-no o l1 d oy Pr eident Kennedy ha 4 partioip te in th in.formal diaouasion. Th• publ1o 1a inTit 4. can be . lanta Council on Hum,.n .... rogr as mad ohanoe for 1u following la.t1ona (52 ~1681) • 1n u. s. "Figure• prorid. d rulit1on1 of Atlanta I groe1 a Cnaua Bunau ahow tht re4 with oonditiou ot o roe• t rough4 the oount~ as nported by the .Pre 1de :t in hit radio and t'el.'Yiaion. " •P• A oha.no• hi a• h• lanta Jegro, lib ot er r1 an • roe•, hu about halt u an :tlanta white oiti& n. of oOJDpleti uoh obano• ot o loting 0011 · •• UJ hi h ao ool and about OM• fhe Atlanta egro baa (u tional aoene) • ill Atl 1t11 I ln Atlan •• 1 a ot eam ly o e10.000 �WILLIAM J. BRENNAN Confirmed March, 1957 by voice vote Only opposition - Senator Joseph McCarthy EARL WARREN Confirmed March 1, 1954 by voice vote Chair announc e d it was unanim ous POTTER STEWART Confirm e d M a y 5, 19 5 9 - r oll ca ll vote Talmadge and Russell both voted no Note: The only three e l ect ions or confirmations since Senator Talmadge has been in office were G old b e rg, White and St ewart . Goldb erg and White were voi c e v o te s and T a l mad ge v oted no for Stewa rt. �I STATEMENT by IVAN ALLEN, JR. MA YOR OF ATLANTA, GA. BEFORE COMMITTEE ON COMMERCE REGARDING s. 1 732 BILL TO ELIMINATE DISCRIMINA TION IN PUBLIC ACCOMMODATIONS AFFECTING INTERSTATE COMMERCE July 26, 1963 �I STATEMENT BY IVAN ALLEN, JR. MAYOR OF ATLANTA July 26, 1963 Mr. Chairman and Members of the Senate Commerce Committee: I am honored to appear before your Committee. At the beginning I would like to make it clear that I feel qualified to speak on the subject under discussion which is the elimination of racial discrimination, on what I have learned from personal experience and observation in my home city of Atlanta, Georgia. As perceptive men of wide experience I feel confident that you will agree with me that this is as serious a basic problem in the North, East and West as it is in the South. It must be defined as an all-American problem, which requires an all-American solution based on local thought, local action and local cooperation. The 500, 000 people who live within our city limits consist of 300, 000 white citizens and slightly more than 200, 000 Negro citizens. That makes the population of Atlanta 60 percent white, 40 percent Negro. That 60 - 40 percentage emphasizes how essential it is for the people of Atlanta, on their local level, to solve the problem of racial discrimination in order to make Atlanta a better place in which to live . Elimination of racial descrimination is no far off philosophical theory to the more than one million people who live in and around Atlanta. The problem is part and parcel of our daily lives. Its solution must b e studied and worked out on our homefront. As the mayor of the Southeast's largest city, I can say to you out of first hand experience and first hand knowledge that nowhere does the problem of e liminating discrimination between the races strike so closely home as it does to the local elected public official. He is the man who cannot pass the buck. From this viewpoint, I speak of the problem as having b een brought into sharp focus by decisions of the Supreme Court of the �/ United States and then generally ignored by the Presidents and Congresses of the United States. Like a foundling baby, this awesome problem has been left on the doorsteps of local governments throughout the nation. Now to take up specifics. You gentlemen invited me to tell you how Atlanta has achieved a considerable measure of comparative success in dealing with racial discrimination. It is true that Atlanta has achieved success in eliminating discrimination in areas where some other cities have failed, but we do not boast of our success. Instead of boasting, we say with _ the humility of those who believe in reality that we have achieved our measure of success only because we looked facts in the face and accepted the Supreme Court's decisions as inevitable and as the law of our land. Having embraced realism in general, we then set out to solve specific problems by local cooperation between people of good will and good sense representing both races. In attacking the specific problems, we accepted the basic truth that the solutions which we sought to achieve in every instance granted to our Negro citizens rights which white American citizens and businesses previously had reserved to themselves as special privileges. These special privileges long had been propped up by a multitude of local ordinances and statewide laws which had upheld racial segregation in almost every conceivable form. In Atlanta we had plenty of the props of prejudice to contend with when we set out to solve our specific problems of discrimination. In attacking these problems. I want to emphasize that in not one single instance have we retained or enhanced the privileges of segregation. It has been a long, exhausting and often discouraging process and the end is far from being in sight. In the 1950 1s Atlanta made a significant start with a series of reasonable eliminations of discrimination such as on golf courses and public transportation. We began to become somewhat conditioned for more extensive and definitive action, which has been taking place in the 19 60 1 s. During the past two and a half years , Atlanta has taken the following major steps to eliminate racial discrimination : - 2- �/ 1. In September, 1961, we began removing discrimination in public schools in response to a court order. 2. In October, 1961, lunch counters in department and variety stores abolished discrimination by voluntary action. 3. On January 1, 19 62 Atlanta city facilities were freed from discrimination by voluntary action of municipal officials. 4. In March, 1962 downtown and arts theatres, of their own volition, abolished discrimination in seating. 5. On January 1, 19 63, the city voluntarily abolished separate employment listings for whites and Negroes. 6. In March, 1963 the city employed Negro firemen. ago employed Negro policemen . It long 7. In May of 1963 the Atlanta Real Estate Board (white) and the Empire Real Estate Board (Negro) issued a Statement of Purposes, calling for ethical handling of real estate transactions in controversial areas. 8. In June, 19 63, the city government opened all municipal swimming pools on a desegregated basis. This was voluntary action to comply with a court order . 9. Als o in June, 1963, 18 hotels and motels, representing the leading places of public accommodations in the city, voluntarily removed all segregation for conventions. 10. Again, in June, 1963 more than 30 of the city's leading restaurants, of their own volition, abolished segregation in their facilities. You can readily see that Atlanta's steps have been taken in some instances in compliance with court decisions, and in othe r instances the steps have been voluntary prior to any court action. In each instance the action has resulted in white citizens relinquishing special privileges which they had enjoyed under the practices of racial discrimination. Each action also has resulted in the Negro citizen being given rights which all others previously had enjoyed and which he has been denied. As I mentioned at the beginning, Atlanta has achieved only -3- �/ a measure of success. I think it would assist you in understanding this if I explained how limited so far has been this transition from the old segregated society of generations past, and also how limited so far has been the participation of the Negro citizens. Significant as is the voluntary elimination of discrimination in our leading restaurants, it affects so far only a small percentage of the hundreds of eating places in our city. And participation by Negroes so far has been very slight. For · example, one of Atlanta's topmost restaur ants served only 16 out of Atlanta's 200, 000 Negro citizens during the first week of freedom _ from discrimination. The plan for eliminating discrimination in hotels as yet takes care only of convention delegates . Although prominent Negroes have been accepted as guests in several Atlanta hotels, the Negro citizens, as a whole, seldom appear at Atlanta hotels. Underly ing all the emoti ons of the s it uation, i s the matter of economics. It should be remembered that the right to use a facility does not mean that it will be used or misused by any group, especially the groups in the lowe r economic status . The state ments I h ave given you cove r the actual progress made by Atlanta toward tota l e limina tion of di scr im ination. Now I w ould like to subm it my personal r easons why I think Atla nta h a s r esolve d some of t he se problems while in othe r cities, s oluti ons have s eem e d impossibl e a n d strife and conflict have res ulted . As an illustration, I would like to de s c ribe a recent v isit of an offi cial dele gation fr om a great Eastern c ity which has a Negr o popu la tion of over 600 , 000 consisting of in exce ss of 20% of its whole populat i on. The members of this delegation at first simply did not understand and would hardly believe tha t the business , civ i c and political interest s of Atlant a had intently c oncerned themse lves with t he Negro population. I still do not believe that they are convinced that all of our civic bodies backed by the public interest and supported by the City Government have daily concern e d themselves with an effort to solve our gravest problem -- which is re lations between our races. Gentlemen, Atlanta has not swept this -4- �I question under the rug at any point. Step by step - sometimes under Court order - sometime s v oluntarily moving ahead of pressures - sometimes adroitly - and many times clumsily - we have tried to find a solution to e a c h specific problem through an agreeme·nt between the affected white ownership and the Negro leadership. To do this we have not appointed a huge general bi-racial committee which too ofte n m e r e ly b e come s a burial place for unsolved problems. By contrast, each time a specific problem has come into focus, we have appointed the people involved to work out the solution . . . Theatre owners to work with the top Negro leaders . . . or hotel owners to work with the top leadership . . • or certain restaurant owne rs who of their own volition dealt with top Negro leadership. By developing the lines of communication and respectability, w e have been able to reach amicable solutions. Atlanta is the world's cente r of N e gro higher education. There are six great Negro universities a nd colleges located inside our city limits. Because of this, a great number of intelligent, well-educated Negro citize ns have c ho sen to remain in our city. As a result of their educat ion, they have had the ability to develop a prosperous Negro business c ommunity. In Atlanta it consists of financial institutions like banks - building and loan associations life insurance companies - chain drug stores - real estate dealers. In fact, they have developed busine ss organizations, I believe, in almost every line of acknowledge d Ame r ican business. There are also many Negro professional m e n. Then there i s anothe r powerful facto r working in the behalf of good racial relations in ou r cit y . W e have news media, both white and Negro, whos e le a ders s t rongly believe and put in t o p ra ctice the gre at t r uth that re sponsib ility of t he p re s s (and b y this I me a n rad i o and t e levision as well as t he writte n p ress) is inseparable from freedom of the press . The leade r ship of ou r written, spoken a nd televised new s media join with the bus iness and g overnment leadership, both white and Ne g r o , in w o r king to s olve our prob le ms. We are fo rtuna t e t hat we have one of the wo r ld fam ous e dito r ial spoke s men f or reas on and moderation on one of our white newspape rs, a long with ot her edito rs and many r e porters who stress signi ficance rather than sensati on in the reporting and inte r pretation of what happens in ou r city. - 5- �I And we are fortunate in having a strong Negro daily newspaper, The Atlanta Daily World, and a vigorous Negro weekly, The Atlanta Inquirer. The Atlanta Daily World is owned by a prominent Negro family the. Scott family - which owns and operates a number of other newspapers. The sturdy voices of the Atlanta Daily World and the Atlanta Inquirer, backed by the support of the educational, business and religious community, reach out to our Negro citizens. They speak to them with factual information upon which they can rely. They express opinions and interpretations in which they can have faith. · As I see it, our Negro leadership in Atlanta is responsible and constructive. I am sure that our Negro leadership is as desirous of obtaining additional civic and economic and personal rights as is any American citizen. But by constructive I mean to define Atlanta's Negro leadership as being realistic - as recognizing that it is more important to obtain the rights they seek than it is to stir up demonstrations. So it is to the constructive means by which these rights can be obtained that our Negro leaders constantly address themselves. They are interested in results instead of rhetoric. They reach for lasting goals instead of grabbing for momentary publicity. They are realists, not rabble rousers. Afong with integration they want integrity. I do not believe that any sincere American citizen desires to see the rights of private business restricted by the Federal Government unless such restriction is absolutely necessary for the welfare of the people of this country. On the other hand, following the line of thought of the decisions · of the Federal Courts in the past 15 years, I am not convinced that current rulings of the Courts would grant to American business the privilege of discrimination by race in the selection of its customers. Here again we get into the area of what is right and what is best for the people of this country. If the privilege of selection based on race and color should be granted then would we be giving to business the right to set up a segregated economy? . . . And if so, how fast would this right be utilized by the Nation's people? . . . And how soon would we again be going through the old turmoil of riots, strife, demonstrations, boycotts, picketing? -6- �I Are we going to say tha t it is a ll right for the Negro citizen to go into the bank of Main street to deposit his earnings or borrow money, then to go the department store to buy what he needs, to go to the supermarket to purchase food for his family, and so on along Main street until he comes to a restaurant or a hotel -- In all these other business places he is treated just like any other customer - But when he comes to the restaurant or the hotel, are we going to say that it is right and legal for the operators of these businesses, merely as a matter of convenience, to insist that the Negro's citizenship be changed and that, as a second class citizen, he is to be refused service? I submit that it is not right to allow an American 1s citizenship to be changed merely as a matter of convenience. If the Congress should fail to clar ify the issue at the present time, then by inference it would b e saying that you could begin discrimination under the guise of p r ivate business. I do not believe that this is what the Supreme Court has intended with its decisions. I do not believe that this is the intent of Congress or the people of this country. I ap1 not a lawyer, Senators. I am not sure I clearly understand all of the testimony inv olving various a mendments to the Constitution and the Commerce clause whi ch has been given to this Committee. I have a fundamental r e spect for the Constitution of the United State s. Under this Constituti on we have always been able to do what is best for all of the people of this country. I beg of you not to let this issue of discrimination.drown in legalistic waters. I am fi r mly c onvinced that the Su preme Court insists that the same fundamental rights must be he ld by every American citizen. Atlanta is a case that proves that the problem of discrimination can be solved to some extent . . . and I use this "some extent" cautiously . . . a s we cert a in ly have n ot solved all of the problem s ; but we have m e t them in a number of areas. This can be done locally, voluntarily, and by p rivate business it self ! On the othe r hand, there are hundreds of communities and cities, certainly thr oughout the nat ion that have not ever addr essed the mse lves to t he i ssue . Whereas, others have flag rantly ignore d t he demand, and t oday, stand in a ll defiance t o any change. The Congress of the Unite d Stat es i s now confronted with a grave de cision. Shall you pass a public acc ommodation b ill t hat - 7- �I forces this issue? Or, shall you create another round of disputes over segregation by refusing to pass such legislation? Surely, the Congress realizes that after having failed to take any definite action on this subject in the last ten years, to fail to pass this bill would amount to an endorsement of private busine ss setting up an entirely new status of discrimination throughout the nation. Cities like Atlanta might slip backwards. Hotels and restaurants that have already take n this issue upon themselve s and opened their doors might find it convenient to go back to the old status. Failure by Congress to take definite action at this time is by inference an endorsement of the right of private busine ss to practice racial discrimination and, in my opinion, would start· the same old round of squabbles and demonstrations that we have had in the past. Gentlemen, if I had y our problem armed with the local e x perience I have had, I would pass a public accommodation bill. Such a bill, however, should provide an opportunity for each local government first to meet this problem and attempt to solve it on a local, voluntary basis, with each busine ss making its own decision . I realize that it is quite easy to ask y ou to g ive an opportunity to each businessman in each city to make his de cision and to accomplish such an objective . . . but it is extremely difficult to legislate such a problem. What I am trying to say is that the pupil placement plan, which has been widely used in the South, provided a time table approved b y the F e dera l c ourts which h e lped in getting ove r troub l ed water of elimination of discrimin ation in public schools . It s eems to me that citie s working with private bu s ine ss institutions could now move into the same a rea a n d tha t the fe deral g overnme nt l egislation should be based on the idea t hat those businesse s h ave a reasonable time to accomplish such an act. I think a public accommoda tion law now should stand only as the last resort to a ss ure tha t di sc rimination is eliminated, but that such a law woul d gra nt a reas ona ble time for cities and busines ses to carry out t his function before federal intervention. It might eve n b e n ecessa ry that the time factor b e made more lenient in fav o r of smaller cities and communities, for we a ll know tha t la r ge m e tropo litan areas have the capab ility of a djustin g to c hanges mo re rapidly than smaller communitie s . - 8- �I Perhaps this, too, should be given consideration in your legislation. But the point I want to emphasize again is that now is the time for legislative action. We cannot dodge the issue. We cannot look back over our shoulders or turn the clock back to the 1860's. ·· We must take action now to assure a greater future for our citizens and our country. A hundred years ago the abolishment of slavery won the United States the acclaim of the whole world wh~n it made every American free in theory. Now the elimination of segregation, which is slavery's step_child, is a challenge to all of us to make every American free in fact as well as in theory - and again to establish our nation as the true champion of the free world. Mr. Chairman and members of the Committee, I want to thank you for the opportunity of telling you about Atlanta's efforts to provide equality of citizenship to all within its borders. - 9- �For release 9:00 a.m. (E.D.T.) I STATEMENT BY GEORGE C. WALLACE GOVERNOR OF ALABAMA BEFORE THE SENATE COMM ITTEE ON COMMERCE IN OPPOSITION TO SENATE BILL 1732 9: 00 a. m. ( E • D . T. ) JULY 15 , 19 63 Mr. Chairman -- Members 0£ the Senate Committee on Commerce. I appreciate the opportunity to appear before you today and give my views on the important matters now before this Committee. The leaders 0£ the Fede r a l government have so mis-

a· used the Negroes £or selfish poli t ica] reasons that our en-c:a-=,,,~,.. tire concept of i 1ber¥y •ffll!lgl.-,c.c.ifi]~J- ~ -- --- ow in peril . . -. We daily s e e our governme nt go to ridiculous e x tremes and take unheard-of actions to appe a se t he min ority bloc vo t e leade r s 0£ t his country . ' I was ap pa l led and amaz e d to re ad 0£ r e cen t st a te me n t s by Pen t agon off i cials r el at ive t o p r op osed civil ri g h t s inv est ig a t i o ns on our mi l itary i n st alla t ions . The r e was a I time when mil i tary i n s ta l lat ions were es tab li s h e d in acco r d anc e with the requirements of the nat ional defe n se post u re. Today t h ese officials use the t h reat 0£ withdrawal 0£ mil i tary bas es to a c c omplish polit i cal purposes. Any officer or officia l issuing such orders should have his �- 2 - I background investigated. Although he may not be affiliated with our enemies, his actions play into t heir hands by jeopardizing the security of this nation. The Air Force is e ncouraging its personnel to engage in street demons t rations with rioting mobs and is even offering tr a ining cred i t s as a n inducement. Perhaps -we will now see Purpl e Hearts a warded £or street brawling heretofore th e y we r e awa rded on t h e f ield of combat. I not e that b y way o f f u rt he r intimidation, one of the P res i d en t r s c ommi ttees has re commend e d t h a t a n y bus- iness be p l a c e d off l imi ts to military p e r s onn e l unless t hey s ur re nder to current Federal ideolog i es. I s the real pur p o se of th is integration movement t o d i sar m this c ountry as the Commu nists have p l anned? For a c entury certain po l iticians h a v e t a l ked abou t Sout h ern mobs, which were actual l y non-existent. Bu t now that we have Negro mobsters and mobs run ni ng in the streets of our cities , these politicians and the press refer to them as demonstrators. These so-called demonstrators break laws, destroy property, injure innocent people and create civil strife �- 3 I and disorder 0£ major proportions. Yet they receive sympathy and approval 0£ the leaders 0£ our Federal government. / I personally resent the actions 0£ the Federal . / g_o vernment which have created thes e conditions. As a loyal American and as a loya l S outhern Governor, who has never belonged to or assoc ia ted with any subversive element, I resent the £awning and p a wing over such people as Martin Luther King and his pro-Communist friends and associates. When this bunch 0 £ i n cend i a ries comes t o Washington they are give n red c arpet t re a tmen t, a n d I da r e say i£ they came in t o thi s r oom h ere , some 0 £ t he member s 0£ this Committee wo u ld £ee l c ompelled to g r e et them in such a mann e r a s t o p u bl icl y demonstr a te t heir con ce r n £o r so called civi l r i gh ts. Last Friday Governor Ba rnett s h owe d t his Commit te e a pic ture 0£ Martin Luther King and a gr oup 0£ Commu n is t leaders attending a meeting together. -t- ~ - ~'- As wi de l y reported in the press in t h e last two months, Kingrs top l ieutenant in Alabama , Fred L. Shuttlesworth , a self - styled 11Reverend11, was elected president 0£ the 11 Southern Conference Educational Fund11 which is headquartered in New Orleans and active in seventeen Southe r n states. This organizat ion h a s been des c ribed �- 4 I by both the Sena te Internal Securit y Subcommi tt ee and the House Un-American Activities Committee as an organi z ation rrset up to promote Communism 11 throughout the South. The Cincinnati Enquirer, in its issue o f Sunday, June 9, 1963 , quotes the following statement of Shut t les wort h as to his leadership of this Communist or gan i zatio n: rrGene ra l ly, the House committees are governed by Southerners who will label any organizat ion subversive or c ommunistic that seeks to further the Ameri can aims of inte gration, justice and fair-play. rrTo a segregationist , integration means Communism . I c an think of noth- ing mor e u n-Ame rican than the House Commit tee on Un-American Activities. 11 Recentl y Mar t i n Lu ther King publicly professed to have fi r ed a known Co mmun i s t, J a~k OtDell , who had been on his payro ll . But as disc overed by a me mbe r o f the United States Congre ss , this p ub l ic p rofes si o n wa s a l i e and Ot De l l had re mai ned on Ki ng ts payro l l. �- 5 / On a recent visit to this country, why was it that Ben Bella, a Communist in my opinion, had his first conference in this countr y with Martin Luther King? And then Ben Bella flew to Cuba and embraced the Communist Castro and said tha t he is one of the worldrs greatest. Is there any connection? I come here today as a n American , as a Governor of a Sovereign State and as an ·individual with full respect for Constitutional gov ernment. I app ear to respectfully call upon the Congress of the United States to defeat in its entirety the Civil Rights Act of 19 63. The Presiden t of the United States stated in his message accompany ing Senat e Bill 1732 that " enactment of the Civil Right s Act of 1 963 at t h i s ses s i o n of Congress -however long i t may t a k e a nd h owever t r oub lesome it may be -is imperative" . The P res i dent might we l l h ave f urther stat e d: rrand h oweve r many p eople it hurts or b u sine ss es it des troys and r e gardless of the rights of t h e vast majority of our p e ople rr . In my judgment , the President of the United States and the Attorney Gen e r al of the United States , by �- 6 / design and political motivation, are sponsoring and fostering a comple t e and all inclusive change in our whole concept of government and society -- a revolution of government against the people. Senate Bill 1732 -- the so-called public accomodations bill -- would, together with the Presidentts full civil rights package , bring about government of the government, by the government a nd £or the government. The free and uncontrolled use of private property is the basic and historic concept of Anglo - Saxon jurisprudence . The primary reason our fore fa thers came from Europe to carve this nation out of a raw and savage wilderness was £or the purpose of using , con t rolling and enjoying their private property and to pursue their chosen professions without £ear of inte rf e r ence f rom ki ngs , tyr a nts, despots, and I might add, Presidents . I don t t th ink it rs necessary today to talk to y ou at lengt h about the c ons ti t uti onal basis £or l e gisl at i on such as this. You know that simi lar le g isla ti on has b een d e clared unconstitutional . You know th a t in the 1883 Civil Rights Cas e the Supreme Court of the United States ruled out the Comme rce �- 7 - Clause as the basis for legislation nearly identical in effect to that contained in Senate Bill 1732. You know that the 14th Amendment -- which amendment is of doubtful origin and questionable validity was held by the 18 8 3 Court to merely allow legislation predicated upon the corr e ction of the operation of state laws only and in n o sense gave the legislative branch the right to enact st at u t es providing a code for the regulation of private rights . No part of the bill b efor e you qualifies as to constitutionality even assuming t h a t y ou oper a te on the premise that th e 1 4 th Ame ndme n t wa s va lidl y r a tifie d in accorda nc e wi t h t he r equ ireme n ts of t he Constitu t ion -and it was not. Ge ntl e me n , 1111 te ll you wh a t this Senat e Bill 1732 does it pla c es upon a l l bus ines s me n a nd profess -~ ion a l p eop le t h e yoke of invo lun tary se r vi t u d e -- it should be d e signa ted as t h e 11 1nv oluntary S er vitude Act of 1 96311. Under the provisions of Senate Bi l l 1732, i f y ou are engaged in any profession where you offer yo u r personal s e rvi ces, you cannot refuse to serve anyone without �/ - 8- fear of vi o lating this Act. I dohtt know of any business or profession that does not have some abstract connection with interstate travel or interstate movement of goods. Under the provisions of this Act, the lawyer, doctor, hairdresser or barber, plumb e r, public secretary-stenographer, etc., would no longer be free to choos e their clientele. Nobody who offers services to the public or a~tempts to engage in his chosen profession will be free to operate wi t hout fe ar t hat th e police state which is now vigorousl y re a ring its head wil l d ictate his every move and tell him e xac t l y how he can run his business. In £ac t, if t h2 pro v isions o f t he Ac t a re pass ed and enforced many indi vidu a l s will no long e r h a v e a ny busin ess . Section 3 ( b ) o f the Act pr o v i de s : HThe p r o- vision of th i s Ac t shal l not app l y t o a b onafide pri vate club o r o ther es t a b lishment not ope n t o t he public , excep t t o t h e exten t t hat the facil i tie s o f such e s tab lis h me n t s ar e made avail a b l e to the custome rs or patrons of an e s tablishment wi t h i n t h e s c ope o f sub - section (a) . I submit to y ou that I am at a loss to unde r stand the true meaning �- 9 / and full import of this exception. I am wondering if it constitutes a nsleeperrr in this Act designed to destroy the privacy of private clubs and rrother establishments 11 . In fact , what is the definition of the term rrother establ:is hmentsrr? Does it include fraternal and social organizations, churches , religious organizations, the Masonic Lodge, the Order of the Eastern Star, the Knights of Columbus? Would this rrexception cl ause11 cover the following situation? A certain exclusive p riva te club having a membership compos ed entirel y of Italian-Americans has a rule allowing members to bring guests, many of whom travel in intersta t e commer c e. The club also has another strict rule that guests must be limited solely to Italian-Amer icans. Un der the provisions of th is Act may a member bring in a non Italian -American traveling in i nterstate c ommer ce desp i te the club rule forbidding it? Another example that arises would be the fac t that my Masonic Lodge has strict rules against bringing in non - Masons and/or Masons not of the same type organization as mine. I have taken many interstate traveling Masons to my Lodge. Can a member bring a non -Mason or Mason of anothe r type organization into my Lodge if he is a gues t traveling in inter state commerc e ? �- 10 / Section 5 of the Act provides for civil actions for preventive relief including injunction, restraining order or other order. implies? I wonder what this 11or other orderrr Does it not mean being heavily fined or placed in Federal Prison £or contempt of court if you refuse to obey? This same Section provides that this relief may be obtained by the person aggrieved or by the Attorney General of the United States and it provides further that the relief may be obtained where a person has not actually violated any section of the Act, but there are grounds to believe that any person is about to engage in any of the many prohibited acts. This is the beginning of 11thought- control" legislation. In other words, they can take you to court and try you for what you are thinking or possibl y thinking about doing -- whether you ever carry your thoughts into effect or not. It is interesting to note that in Section 2(g) of the Act, which in effect constitutes the preamble of the Act, it is stated as fact that discrimination reduces the mobility of the national labor force and prevents the most effective allocation of national resources, including �- 11 / the inter~tate movement of industries, particularly in some of the areas of the nation most in need of indus- trial and commercial expansion and development, This is a thinly veiled reference to the South which - contrary to the statement contained in the preamble of this bill -- is now and will continue to enjoy the greatest industrial growth of any section of the United States. I cannot help but wonder if some of these same people who are now so worried about our industrial growth are not some of the same people who fought the removal of the nPittsburgh Plus11 discriminatory freight rates which for so long kept the South from realizing its true patential in industrial growth. I cannot also help but wonder if one of the true motives in back of this act is, in part, a desire on the part of some to return the South toils position of disadvantage which disappeared with the removal of discriminat~ry freight rates. The President , the Attorney General, and every member of this Congress who has sponsored this legislation stand indicted before the American people . �- 12 - This group has invited the Negro to come North to a land of milk and honey. They accepted the proposition, and instead of finding this Utopia, they have found unemployment. They have been stacked in ghettos on top of one another, to become a part of every cityts Harlem. Thereby social and economic problems have been compounded. The end result is that this gross hypocrisy has brought guerilla warfare and insurrection to every large city in the United States endangering the lives of millions of our citizens. Because of this hypocritical spectacle, he no longer wants mere equal treatment, he expects and apparently intends to bludgeon the majority of this countryts citizens into giving him preferential treatment. He shows his sense of responsibility by flaunting law and order throughout this country, even threatening to intimidate the Congress of the United States. And all of this is done with the tacit approval of the sponsors of Senate Bill 1732. The physical danger I outline is no problem in the South. You and your family can travel to any place in the South , walk the streets of every section of cities and towns alone, without £ear of bodily harm. But I know , �- 13 - a n d y ou know , t h at you and you r fami l y c a nnot wa l k the st ree t s of our n atio nr s c a p i t a l wi t h o u t f e ar o f mugging, raping, kil l ~ ing o r o the r phy sical a ss au lt. And, ge n t l e me n , you r c o n stit u e n ts k n ow thi s, t o o, and 1hey are fed up wi t h i t . An d i f you wi ll c ome t o my offi c es , I wi ll s h ow you c o untl e s s t h ou san ds o f l e tters from every part of t h e United States prot e sting the conti nued u s u rpatio n of powe r b y t h e F ederal gov e rnment and t he failure to adh ere to the Co n sti t u tion o f t h e United State s. Peopl e who write me want t h eir elec ted represe n tatives to star t re p r ese n ti n g t h e m a nd n o t t h e minori ty b l o c voting mo bsters. A President who sponsors legis l at i on s uch as t h e Civil Rig h ts Act of 19 63 shou ld be retired from p u blic life . And this goes £o r a n y Governo r o r other p ub l ic off ic ial who ha s joi ned in this mad scrambl e for the minority bloc vote . Does not the present sit u ation in Washington, D . C . , give you some idea of the result you wo ul d obtain with this legi s lation? The nationrs capital is supposed to be the s upr e me example of what civil rig ht s legislation can accomplish. Itt s an example all right, an examp l e of a c i ty practically dese rt ed by white people. If you in the Congress a re re a lly si nc e r e about t hi s civi l rig ht s bus iness, why don tt yo u give home rule to the people of Washington ? the local reside nts can r un t h is ci ty. Letts see how I beli eve in local �- 14 - self government. Washington, D. C. I ch allenge you to vote for home rule in I suspect that if you attempted to do this, the Secretary of State would have to testify behind closed doors that this would result in damage to our image before the rest of the world. A few days ago, I n oted a report relea sed by Washington, D. C., police offici a l s which st a ted that during the last twelve months major crimina l offenses in this nationts capit al reached the second highest peak in histor y . , I s ug gest that if the Congress spent it s time try ing to stop these assaults, rapes, robbery and house-breaking, rather than in efforts which will destroy all rights of property, then you mi g h t accomplish something worthwhile. When I came here to testif y against the 1 957 Civil Rights Bill, it was said that our image would be affected in Afr ic a and Asia if th e bill fail ed to pass . Well, the 1957 Bill was passed a nd it appears that we are still supposed to wor ry about our image. I h a v e s tated before and wish to state again here today -- I will worry about our image in the rest of the world whe n the se foreign countries begin to ret urn 25 per cent of the foreign aid we are send i ng t h em because it comes fro m t he Sou t h. �- 15 - In my judgment, the rest of the world should be more concerned with wha t we think of them since we fee l bound and determined to provide their support . And while we are speak ing of a n image, the fede r a l government should wo rry about the image i t is creating in the Sou th and to f r eedom-loving people everywhere. I think you gentlemen ar e well aware of the reason you are having to consider Senate Bill 1732 . The Pres{dent of the Uni ted States anj t he Attorney General of t h e Unit e d States have u sed t h e powers of the executive branch in s uch a ma nner as to cr ea t e a t e nse and explosive sit u ation wh i ch t h ey can no longer control. Th e Pre sid e n t s o mu ch a s admitt e d this i n h is nationwide telecast which prefac ed the in t r oduc t ion of t h i s ci v il right s legis l ation. or ity bloc vot e . He wooed and won t h e min- S ince the n h e h as commit ted a se ri es o f blunders in tr y ing to appe as e the mob l eaders . These l eader s have now pr ess ur e d t h e P r e sident in t o t h e r idiculous P?s i ti on o f pl a cing hi s st amp of a ppr oval on mob violenc e and rioting in t h e s treets of this country. Th e e ntir e h a ndling o f t hi s raci a l si t uation by t h e present Admini st r a tio n h as s h own a n i n e ptness a nd to tal l a ck of unde rstandi n g in h a ndling the p r ob lems �- 16 - which hqve been cr e a t ed by the political efforts to capture t hese votes. The promised Ne w Fron t ier is a n a tion t orn b y strife and turmoil on the brink of civil warf a re. The onl y method it has bee n a ble to come up with is the us e of Federal t ro op s wh ich, strangel y , it se e ms, have b ee n us ed onl y in t h e S o uth although t h e most / serious disturb a nc es h a ve be e n i n p l a c e s like New Yo r k , New Jersey, Phil ade lphi a , Chic a go , Wa s hington, Los Angeles a n d Cambridge, Ma ryl a n j , It is not politically popular to send troops into t hese ci t ies -- a nd t h ey a r e g o ing t o £ind nex t No v e mb er it i s n o t po litic a ll y pop ul a r to sen d t h e m to Al a b a ma a n d Mi s sis s ippi. The Kennedy Adm ini stration i s in p o li t ic a l j eop a r dy, a n d i n a c a lcul ated attempt t o re co ve r from l os s es o f p olitic a l prest i g e , i t has s hif ted t h e b u rden of its gross mi s takes in jud g ment t o th e Congress of t h e Unit ed States -- a ll t h e wh i l e cater ing to a lawl ess mi nor i ty wh ic h shows u tter disregard and contempt £or law and order. �- 17 - This bill will not remedy the situation. This bill will inflame the majority of the citizens of this country. When you determine that you will control and destroy private property rights -- you invite chaos. I charge that Senate Bill 173 2 cons t itutes the first step toward land reform -- a long step in a socialistic scheme of government which will bring the total des~ruction of private property rights. -- ------- Property is powe r and when we lose our rights to proper t y we will have lost our power to govern ourselves. If y ou int e nd to pass this bill, you should make preparation s to withdr a w a ll our troops from Be rlin, Viet Nam and the rest of t he world bec a u se they will be needed to police America. Yo u are go ing to make the American peop l e l aw vi olators because they are not going to comply with this type legislation. It is s u spected, a nd I suggest that Senate Bill 1 732 is s u c h a ridiculous p i ece of legislation that it probably is a mere smokescreen which is calculated to draw the atten tion of th e people to it, thereby blinding t h em to othe r parts of the civil right s package which are e qually abominab l e . �- 18 - No part of the Civil Rights Act of 1963 is acceptable and we people in the State of Alabama and the South will take the lead £or all freedom-loving people of this country -- black or white -- in an all-out effort to defeat any man who supports any feature of the civil rights package. The executive branch of this government has ignored the Constitution of the United States and fostered the march toward cen tralization and t he ultimate destr u ct ion of our system. The Judicial branch has perverted t he Constitution of the United States in a manne r which shocks the conscience of the American people . The Congress of t he Uni ted States is t he last remaining bulwark against t h e des t ruc t ion of our system of governme nt. I ask yo u to ignore politic a l pressures which will destroy · our e ntir e free e nt erpris e system -- t h at y ou determine t h at thi s coun try will not h a v e governme n t by i ntimidation -- that you n ot see fit to destroy established busin esses and personal se rvic e professio n s -- t h at you not place t h e vast ma jority o f American citizens in involuntary ser vitude that you stand up for Ameri ca. �- 19 - I cha ll e n ge t h e Pr es ide n t and the Congre ss t o submit this propos ed l e gi slation to t h e p e ople as a national referendum . I promise yo u that you wil l get the sho c k of y ou r life becau se t h e peop l e will overwhe l ming l y r e j e c t t h is encroachment upon the i r right to own and enjoy pr iv ate p rope r ty . I say t h at it is high time freedo m-l ov ing people of t h is nation stand up and be counted and if t h e tree of ' li berty needs refreshing by t h e political blood of those wh o ignore the heritage established for us by the F ounding Fathers, then so be it. Gentlemen, I appreciate this opportunity to appear before you today and before leaving I have a requ est I would like to make . I have charged here today that th e re are communist influences in the integration movement. From the mountain of evidence available everyone should reali ze that they are true. You have heard these charges before you -- you have seen the evidence -- why donrt you do something about it? Dontt sweep th is matter under the rug letis expose these enemies -- they a re enemies of both black �- 20 - and white in this country -- bring them out in the open. As the Governor of a sovereign state, I ask the Congress to investigate these communist activities. not be taken lightly. This reques t should A le t ter through the mail to the Justice Department from some one claiming t hey have been denied the right to vote brings a flood of Federal Investi g a tors down the neck of some Sout h e rn r eg is t r a r. He re you have had at least two Governors to ask that this communist matter be investigated. Will you give u s this r e sponse? I n closing, I would li ke to te ll you t h a t the \ public policy of Alabama is for the up-lifting of t he Negroes in Alabama. During th e fir st year of my admini strat ion we h a ve incr eased t h e a pp ropr i at ion to Neg r o educ at iona l institut ions 22 p e r cent. We a re building t hree n e w trade schools to train the m f or the jobs tha t we are maki n g avail a bl e to t hem b y a fas t g r owi n g i n d u s t r i a l expansion in o u r state . lieve th e I do n ot be - passage of the l eg i s l a ti o n would be in t he int e re st of e i t h er th e whit e or Negr o citizen , b u t wo uld h amp er t h e sol u ti o n of problems £acing bot h races . As I sai d i n my Inau g ur a l Addr e ss in Janu a r y, my hope and prayer is t h at God will b l ess al l of the peop l e of my state and this nation, both black and whit e. I thank you . �REFERENDUM COMMITTEE of MARYLAND Easton, Maryland Samuel J. Setta, Chairman Mr. Chairman: Members of the Committee: I am Samuel J. Setta, a motel owner and operator on the Eastern Shore of Maryland and a prime mover in the drive to place the Maryland Accomodations Law on the ballot in ' 64. I come before you an adamant opponent of forced integration of businesses and I am sure I speak the sentiments of a majority of the people in America when I express myself. First: I question the wording of the title to S. B. 1732: "A Bill to eliminate discrimination in Public Accomodations affecting Interstate Commerce. " The word public as used in this title conveys the idea that the objects of this legislation are owned and controlled by the public in the same manner as public lands, public works, public funds , etc. The title should read: A bill to eliminate discrimination in privately owned accommodations catering to the public," or more appropriately: "A bill to eliminat e privat e ent erprise. " You are listening to a voice from the grass roots. Our voices haven't been too loud but don't be deceived by noise being made by the neg:i;:os and do-gooders who are trying to force you to act on this legislation. The ominous silence from the congregations who disapprove of their clergymen, union members who don 't agree with their leaders, and citizens everywhere who have seen near anarchy develop in this country will have the expression necessary to meet the occasion when the voting begins in 1964. I have oppos ed this Public Accommodations Law at every level of government for the last three years because it is aimed a t businesse s which are strictly privately enterprise. . The fact that I can open and clos e my doors at my pleasure certainly makes it private. Many businessmen, myself included, earn a living and also make their homes with their businesses and their social life should not be regimented any more than the private citizen who does not have a business. Not one member of this committee or the senate would venture into a negro neighborhood alone and neither would you permit your wive s to go alone; yet the legislation this committee is considering would force business men and their wives to take these people into their businesses and homes. We are not guilt y of anything more than catering to the wants of our customers. Everyone, except the proponents of this law, knows that in any business the customer is the boss. If you gent lemen shop anywhere you call the tune not the proprietor. In my motel if my c ustomer s want T. V. , I provide T . V. If my customers want room phones I provide room phone s. And if the y prefer a segregated motel I provide a segregated mot el. Now if it were feasible to write thi s law to read that customers must s top discriminating and continue to patronize business e s you might solve the economic aspects of this dilemmabut that would be impos s ible. So, to get a t the buying public who are the discriminators and beyond the administration is trying to get laws and penaltie s fastened on to the bu s inessman to force custome rs to integrate. The proponents say that integration involves no loss of business . I never ceas e to be amazed at how many brillant business analysts are among the proponents , none of whom have ever owned or �_; 2 - operated a restaurant or motel. It's equally amazing how great their enthusiasm is for a law that doesn't touch them in the slightest degree. Also; it's very easy for a family which is high in government to build homes on mountaintops and exclusive areas , and enroll children in exclusive segregated schools to tell the peasants of the country that they should integrat e every phase of their lives. The attempt to· "keep up with the Joneses," to gain social rights at the expense of the civil rights of private enterprise, if successful is certain to undermine one of the pillars upon which this great country was built. The one big difference between communism and capitalism is private enterprise . The administration itself is admitting that this law will infringe on our civil rights when they seek this law under the commerce clauses of the federal constitution, rather than the equal rights fourteenth amendment. The theory evolved by the Department of Justice is that because a business con_cern deals with the public, it may be subject to complete regulation or possible extermination by the Federal Government . This alleged authority is derived from the claus e of the Constitution which gives Congres.s the power to regulate interstate commerce, and Mr . Robert Kennedy cited various laws passed by Congress in this field. Not a single one of these statutes, however, covers the selection of customers of a business. They deal with employees , or the practices of the employer in his relations with his own worker s, or the practices of business owners in relation to other businesses or in shipping goods t o another state or other countries. Never in the history of the United States has the commerce clause of the Cons titut ion been invoked to regulate the customer relationship of a business owner and indivi' dual citizens . No court has ever held that sleeping in a privately owned motel is a civil right. No court has ever held that . munching a sandwich in a privately owned restaurant is a civil right. England rejecte d thi s ve ry law by a two to one vot e in 1962 and it was labeled unde mocratic and unworkable by leading c le rgymen arrl civic leaders . The dictator c ountries , oppressive as they are, don't even have this law on the books . What v a lue i s ther e t o a business or a high position or profession without the rights to operate freely as we have s ince this count r y was founded. We a ll know of countri e s where people have all of these occupations in good m easure but they don't have rights. The result is they burrow under the Berlin Wall. They swim canals. They crash bar be d wire fences , they risk ' their lives daily to escape. This is a king s ize step in that direction. Depr ive us of a r i ght now a nd next year anothe r and another and before you know it we will be in th e s ame positi on . This law i s definit e ly c la s s l egi s lati on . Under this law we may tur n a white m an away because he is uncouth or unde s irable and he must leave , but if a negro is turned away for the same r easons we may face charges of discrim ination. When you write the word co1or int o t his law, th e white cu stomer i s not equal before the law. When you force hotel s a nd m ot el s t o elim inate discriminat i on and exc lude tou ris t homes and rooming hou ses who are in the same bus ines s of rent ing rooms , we a re not e qual befor e the la w. Whe n you for ce res taurants to e liminate di s crimination and exclude s egregated church suppers , dinners, a nd boar ding houses, which a re cate r ing to the s ame public a nd indeed are strong competi tor s we a re not e qual be fore t he law. The Att orney Gene r a l s t resses the immor a lity of discrimination but i gnores the fa ct that it i s just as immoral to enact laws which will legi s late a man into bankruptcy or int o a bus iness r elationship which will make his life a daily ordeal. It s houl d be :0bvi ous by <now tha t there are many people who don 't want the negro s ocia lly. I have seen s t r ong men break up un der the strain of the dem on - �- ·3 strations and harrassment sanctioned and abetted by this administration. Women in business have become terrified at the prospect of facing unruly mobs with the knowledge that they are being encouraged by this administration. The responsibility for the violence in demonstrations by negros can be laid squarely at the door of the White House. I have a very good cross section of citizens from the North , South, East and West patironizing my motel and this issue is discussed daily so that I may keep abreast of my customers' thinking and I say to you that this administration will pay the price in the 64' election for its handling of this situation. This nation cannot afford the luxury of a president who serves 10% of the people at the expense of the other 90%. All businessmen have a different financial situation. In my particular case my two immediate competitors are millionaires. My resources consist of a $23, 000 mortgage and a going concern. Certainly they can approach this problem with a greater degree of aplomb then I can. I meet a mortgage payment every month, plus numerous other bills. What do you think the reaction of my banker would be if I came to him and said, "Mr. Banker, a couple of months ago Congress passed a law which took the control of business policy out of my hands because the administration said it was immoral and business has declined so that now instead of $245 for this months payment, I have to give you 245 morals?" I'll tell you what his reaction would be. I would be slapped with a big fat foreclosure. Is this economic growth? I r efus e to gamble the welfare of my family and our pursuit of happiness on the busin ess: judge' ment of an administration which is loaded with theorists who have never operated a successful business or met a payroll and have never balanced a budget. The Attorney General has testified that at present white prostitutes, dope addicts , and moral de gene rates could come into our mote ls a nd hotels but negro citizens in high pos itions could not. I don't know what kind of places the Attorne y Gene ral fre quents, and I'm sure he ge ts his informat ion firsthand because he hates hearsay, but this statement is an insult to every motel and hotel owner in the country. Now then let's look at this law again. This law would reverse this contention and would not only enable black pros titute s, dope addicts , and moral degenerates to come into our places but als o a pe ople with a poor hygiene , high incidence of venereal disease and vandalis m, plus the e lem ent of forc e t o m ake u s accept the m bec a use he r e a ga in I ca n r e jec t the white pe rson but not the black per son. Is this the Att or ney General' s idea of a n impr ovem ent? I hope I don't: hav e t o fa ce many more like that one. Gmtlem en, there' s a labor a ngle to this situation. Whe n a labor contract is negotia ted the r e i s one claus e that is non - negotia ble: The r ight to s trike. When we a r e pa i d rental for a room, part of that mone y is ove r he a d and part of it is wages . Since the custome r i s the boss, this law would' for ce us to wor k without th e r ight t o s t r ike . The s e very la bor lea ders who a dvocate this law would v iolently r ebel if any att empt was made to eliminate their right to strike. The administ ration says the negro is r e ject e d bec aus e of his c olor . This is wrong and com pl etely untrue. We don' t ca re if he is blue or pink or r e d. T he negro is r e jecte d beca use he i s a n ec on omic lia bility to our bus inesses. I hav e re je cte d ne groes who we r e pr a ctica lly white. I wo uld be less than h onest or helpful if I didn't include the reasons why the negro is a lia bility , s ince the propenents won 't The two races a re a bs olutely pr oven to be incompatible. The two races can coexist harmonious ly but there will never be t r ue int e gration. No other minor ity in thi s country has a feeling of inferiority bec ause the y live among th e ir own people. Why sh ould these p eople ? No one is t r ying to sprinkle �- 4 - the Chirtese, Indians, or Japanese among the whites so why this massive effort to integrate the negroes? If the ·administration and the negro leaders and other proponents would take the time they are spending on demonstrations and pressure tactics and point out to the negro people that law or no law, acceptance will never come until they stop a disproportionate contribution to the high crime rate, illegitimacy, production of slums, and making careers of unemployment compensation and welfare programs. The negro people will gain acceptance when they meet certain standards of morality and living conditions. No law can accomplish this. This is the one objective the negro will have to work for and earn himself. There is nothing wrong with individuals having to meet standards. It is done every day. Churches demand standards, schools demand standards, you gentlemen in the Senate require standards and whether we like it or not, all people have standards for their social equals to meet. The thirty states that have had these laws are just as segregated as the twenty that don't. I predict now that attention has been focused on these laws there will be a rash of suits testing their constitutionality. When the Attorney General said Senator Lausche enforced such a law as Governor of Ohio, he should have realized Senator Lausche was just tolerating it like the Kennedys tolerate the TaftHartley Act. These laws do not accomplish the goal of integration. Proof of this is the agitation and demonstrations all over the country and the existence of harlems in every major city in the country. These laws c ould subject the negroes to more humiliation than any voluntary agreement would. All of us have had poorly prepared meals in restaurants when the owner was trying. What do you think the result would be if he wasn't trying'.? The people who favor this law are largely executive boards of church groups but not the congregations, executive committees of labor unions but not the rank and file, business executives but not the employees. In short, gentlemen, a great number of generals but no soliders. Today we are witnessing one of the strangest par~doxes of all time: churchmen with segregated churches, labor leaders with segregated labor unions, news media with segregated work forces , and politicians and civic leaders who lead completely segregated lives trying to force a segment of private enterprise to integrate. Christianity has not been able to integrate in.two thousand years and judaism for longer than that and yet these very religious leaders expect Americans to do it in less thanJ:wo.hundred, and if we don't shove it down our throats and gag us in the process, and all this on the false accusation that we are discriminators . You are bucking a law which was never enacte d by any legislature when you pass a law like this, the law of nature. God himself was the greatest segregationist of all time as is evident when he placed the caucasians in Europe , the black people in Africa, the yellow people in the Orient and so forth , and if God didn 't see fit to mix people who are we to try it? Christ himself ne ver lived an integrated life, and although he knew his life on earth would be a model for a ll m anki'nd,. when he chose his close associates, they were a ll white. This doesn't mean that he didn't love all hi s creatures but it does indicate that he didn't think we had to have a ll this togetherness in order to go to heaven. Gentlemen, we should give a lot of serious thought to these final remarks of mine and not try to out do God in the make up of the wor ld. Thar.J<. you. �STATEMENT OF C. MAURICE WEIDEMEYER FOR THE U. S. SENATE COMMITTEE ON COMMERCE TUESDAY, JULY 16, 1963 Mr. Chairman and Members of the Committee: My name i s C. Maurice Weidemeyer. I am a lawyer of Annapolis, Maryland, a member of the Maryland House of Delegates from Anne Arundel County. I wish to state that I am unalterably opposed to the passage of Senate Bill 1732, and I am also opposed to passage of any public accommodations law whether by County, Municipality, State or Federal Government. The so-called public accommodations laws do not accommodate the public generally. They accommodate only a small minority of the public. The vast majority of the public, in my opinion, have their own desires and their own likes and dislikes and wish to choose their associates, 1. e. , the persons with whom they socialize and the persons with whom they wish to associate in the conducting of bu~ines.s. In my opinion, it has always been an inherent, basic, and fundamental right of all free men in a free society to associate themselves, socially and commercially with persons of their own choosing. It has often been said by proponents of measures like this that public ac- commodations bills are bills to guarantee freedom. I think that the approach is wrong. They should be called freedom depriving bills. The bills give an unwarrante<;i freedom to a small minority while denying to the vast majority of our citizens and business men a very basic freedom, namely, that of associating and doing business with persons of his own choosing. The argument that because a State or Government authority has licensed a person to do business, that they should be able to regulate every facet of his thin.king and conduct is something foreign to the American system of government and cannot help but lead to eventual socialism, dictatorship, and complete control by the government of every act, thought and deed of every individual citizen. The privileges and accommodations which the proponents of this measure contend are denied to negro citizens are not d enied to them at all , b ecause they have the same opportunity go into business and to conduct a hotel or restaurant or other types of businesses, just as much as any other citizens who have previously done so. �- 2- I have said many times , and I say it to you sincerely, that if the NAACP, the CORE and the other ultra liberal organizations, who are daily harassing and pestering the American people , would spend their money and effort on promoting the welfare of the colored ra c e by a s sisting them into getting into business where they could cater to their own peopl e , they would be accomplishing something. For years, the NAACP and CORE and ot hers have been collecting $1. 00 and $2. 00 dues from people all over the United States and spending the money principally in agitation of the white race whi ch neither gained respect nor promoted the negro economically. I would s uggest to them that if they wanted to organize a hotel corporation or any other bus iness corporat ion, and if they could not sell stock at $25.00 or $100 a share, tha t t hey sell more shares at $1. 00 or $2. 00 per share and spend their money to ' b etter use than by giving it t o the NAACP and CORE and other organizations. The idea that people are helping themselves and promoting themselves by demanding that others furnish them and give them that which they could obtain for themselves i s a false idea of promotion of that individual. Rights and privileges of associ ation are obtained only through accomplishment and mutual respect. Certai nly, nothing is furthered or improved by an insistent demand that people be t aken in and accepted under circumstances where they have not as yet earned that respect, and no law, whether of the Federal, State, County or Municipal government , attempting to force association of people, can be successful under such forced conditions. Certainly someone and some group in the process are bound to wind up with receiving more contempt and ill feeling than with respect. I di sagree also with those persons who would attempt to portray the present disturbances in t his country as spontaneous outbreaks. I cannot be lead to believe that t he colored people of Carrbridge would conduct themselves in the vicious manner in whi ch they have, if they had not been engineered, guided and inspired and finan ced by outsi de influences and capital. It would seem to me that it would be the wi ser thing for this Committee to consider the travelling in inter-state commerce of persons like Martin Luther King and others whose sole purpose in going from state to state i s t o cr eate dissens ion, confusion and unrest, and deliberately going in are as where the col ored people have been very well satisfied and whipping them up i nt o a fervid heat of passion and hate for t he white race. �-3- I say to this Committee, quite sincerely, that if the purpose of this Committee is to promote the welfare of the colored race, that it is going about it in the wrong way. Certainly, the attempt to promote the negro race of less than twenty million people in the United States against the will and wishes of the majority of the remaining 160 million cannot do anything more than swell in the breasts of the vast majority of the American people a deep feeling of resentment and contempt and it is obvious upon reflection that such a condition in this United States has not improved race relations. It has often and falsely, I think, been said that it is necessary that we pass public accommodations laws in_ the United States so as to impress foreign nations, and naturally the question arises to me: what nations are we trying to impress? Are they the nations that we have been continually financing and do we have to ruin our whole civilization and our mode of living in order to try to create an impression? I believe that a careful look at and a survey of many of the nations whom we think we have to impress, would only serve to convince us of the utter futility of such an attempt. Those nations, many of them, have century old customs, prejudices and feelings which would never be changed even though the United States did a somersault and acrobated itself into ruination and oblivion. There was a time when the Communist conspiracy talked in terms of worldwide revolution. That attitude on the part of some Communist nations has now changed to a policy of slowly degrading and d emoralizing the United States as one of the main capitalist nations and with further attempts to harass and ruin us economically. I believe, with other great and prominent men, that the Communist conspiracy to wreck the United States is certainly being overjoyed at the almost fanatical attempts being made by many organizations to ruin this great country and that the Communists are well up in many of these movements of agitation for public accommodations. As a Democrat, I sincerely regret the actions and statements of the President and his brother, the Attorney General, because I realize that if they continue and persi st in their course of conduct to promote the negro population without regard to �- 4- -the wishes of th e vast majority of white citizenry in this country, that neither have they promoted the ms elves politically nor have they advanced the well being of the United State s as a whol e . It ma y well be t hat my remarks here today will go unheeded and that men in high places cognizant of the voting power of certain groups, will continue in this fa l se mov e until confronted at the polls by an overwrought voting populace, who will be so angry and disturbed that many of the present day office polders will be de feated at the polls. In conclusion, let me say that I hope that the United States Senat e will not approve any public accommodations law and will not attempt to hamstring t he Ameri can businessmen and cram such a bill down the throats of the American people. It would be l he wiser and safer thing to do to have the people of the U . S. express themselves at the polls in matters of this nature. �,,. ,/ STA~ OF EDGAR S. KALB of MAYO, MARYLAND BEFORE THE COMMITTEE ON COMMERCE OF THE UNITED STATES SENATE IN RE: s . 1732 The "Interstate Public Accommodations Act lat Session 88th Congress ( l) SCOPE OF STATEMENT (a) The scope and purpose of this statement is to present to the Committee evidence to show that the provisions of S. 1732 should not be made applicable to the operation of privately owned and privately operated bathing beaches, which beaches a.re located in states in which the State, Federal Government, or any County or Municipal Corporation, or other public tax-supported body, operates or maintains any beach or beaches, which a.re open to the use of all persona. (b) To propose to the Committee certain amendments to S. ·1732 to effectuate such exclusion, and to suggest certain amendments designed to eliminate certain injustices from the Act. ( 2) DESCRIPTION OF THE TYPES OF BEACHES FOR WEICH EXCLUSION FROM THE ACT (S. 1732) IS REQUESTED. I (a) Examples of the types of beaches for which e:ic.emption from S. 1732 is requested a.re the approximately twenty-one privately owned and privately operated bathing beaches which a.re located on the western shore of the Chesapeake Bay and its tributaries in Maryland. Of these twenty-one beaches, fourteen a.re located in Aime Arundel County, south of Baltimore; four are located in Baltimore County, north of Baltimore City; and three are located in Calvert County, within approximately 25 to 35 miles of the District of Columbia. Approximately three of these privately owned beaches a.r" fully "integrated." (b) Gene,rally speaking, these twenty-one beaches, with a few exceptions, are "family O'Wlled and operated, 11 and have been so owned and operated for several generations. (c) Moat of these small bathing beaches are located adjacent to small residential communities, and in a certain sense are practically part of those residential comm.unities. (d) Based on personal experi-Mlce and personal observation it is estimated that the total gross annual business done by these twenty-one beaches will be le.as than five millions of dollars. ( 3) PUBLICLY OWNED AND PUBLICLY OPERATED BATHING BEACHES LOCATED ON THE WESTERN SHORE OF THE CHESAPEAKE BAY IN MARYLAND • (a) The State of Maryland operates two very beautiful public bathing beaches on the western shore of the Chesapeake Bay within easy access from Baltimore City, Washington, D. C. , and the adjacent metropolitan areas; namely, Elk Ne ck State Park and Beach, north of Baltimore City; and Sandy Point State Park and Beach, south of Baltimore City (within Anne Arundel County). Both are within easy access to both Baltimore and Washington by excellent roads. (Sandy Point State Park and Beach ie located in Aime Arundel County and annually has more than 300,000 visitors.) Baltimore City owns and operates a beautiful bathing beach, located in Anne Arundel County, south of Baltimore, and within about 35 miles of Washington, D.C. Furthermore, according to newspaper reports, the Federal Governl119nt has recently devised a beautiful waterfront property located in Anne Arundel County, within 25 miles of Washington, D.C., and within about 36 miles of Baltimore City, consisting of approximately 265 acres of land with more than a mile of waterfront. This property could With little expense be converted into an additional waterfront park and beach by the Federal Government for the use of all of the public. 1 �2 (b) It i s astimated that the total acreage and miles of waterfront available to the pubii0 itl publicly owned beaches on the western shore of the Chesapeake Bay in Maryiarld i s in excess of the total acreage and the total mil.ea of waterfront ope~eted as private beaches in Maryland by private ownership. ( c} In no instance does it appear that the patronage of these publicly owned operated beaches has reached anything near their maximum potential patronage, and there is absolutely no present lack of sufficient bathing facilities available t o the general public, in the immediate vicinity of Baltimore and Washington. and (d) In addition, the many miles of beach front on the Atlantic Ocean at Ocean City, Maryland., are owned by Worcester County and are available to all persons. Furthermore, the State of Maryland is presently acquiring an extensive eXl,)anse of Asseateague Island for use as a public beach. SUMMARY BASED ON A NEED FOR ADDITIONAL BATHING BEACH FACILITIES, THE PUBLIC NEEDS ARE MORE THAN ADEQUATELY PROVIDED FOR, AND THERE IS NO JUSTIFICATION FOR REQUIRING THE PRIVATELY OWNED AND PRIVATELY OPERATED BATHING BEACHES TO ACCEPI' UNDESIRED PATRONAGE. ( 4) THE "FINDINGS" AS SET FORTH IN SEC. 2 of S. 1732 FAIL TO ESTABLISH ANY VALID FACTS SUFFICIENT TO JUSTIFY THE INCWSION OF PRIVATELY OWNED AND OPERATED BATHING BEACT-lES WITHIN THE CLASSIFICATION OF BUSINESSES TO "WHICH THE PROVISIONS O.F S. 1732 ARE APPLICABLE. AS INDICATED BY THE FOLLOWING ANALYSIS OF THE ~;FINDINGS: 11 Sec. 2 (a) of the "Findings 0 sets forth no basis for such inclusion, as bathing beaches are abundantly available to all persons in Maryland. at publicly owned and operated bathing beaches, and in addition in at least three privately owned and operated beaches, which three beaches are fully integrated. Sec. 2 (b) of the "Findings" sets forth no valid basis for such inclusion as none of the twenty-one privately owned and operated beaches, insofar as known, offer overnight accommodations (all being within commuting distance of Washington and Baltimore, and all catering to daily transient business only). Sec. 2 (d) of the "Findings" sets forth no valid basis for such inclusion as the movement of 0 goods, services and persons" applicable to the operation of bathing beaches; with but minor exceptions, does not 11move in inter-state cmmnerce_;,11 and, strictly defined, bathing beaches are not places of amusement as used in Sec. 2 (d) but rather are places of participating recreational activities," as distinguished from. places of 11 amueement. 11 COMMENT The 1'Findings 11 as stated in Sec. 2 (d) would appear to be mere expressions of opinion - entirely unsupported with any factual basis in support of such opinions. Sec. 2(e) of the "Findings" would not appear to be applicable to bathing beaches, generally speaking, as they would not appear to fall into the classification of "retail establishments" as used in this sub-section. Sec. ~( f) of the "Findings" sets forth no basis for the inclusion of bathing beaches in S. 1732, as these beaches are not located in any city. They have no facilities for holding conventions, and generally speaking offer no acconnnodations for overnight visitors. Sec. 2( g) of the 11Findings" sets forth no basis for the inclusion of bathing beaches in S. 1732, as in no instance are there any business organizations seeking services in any area affected by the operation of these beaches. All of these beaches are located in remote rural areas where their presence contributes ext~na1vely to the local economy, and which economy would be seriously injured as a r esult of these beaches being forced by law to accept all persona. This would result in a certain lose of business and a resultant loss of employment opportunity by the residents of these rural beach areas. Sec. 2(h) of the 11Findings" sets forth no applicable principal or basis for the inclusi on of pr ivately operated beaches in the provisions of S. 1732. �j In the caee of these priva~ly operat@d beaches, no discriminatory practice is "encouraged, fostered, or to;l.erated" in any degree by the Governmental authorit10s of the State in which they are located, or by the "activities of their executive or judicial officers. COMMENT As applied to the operation of privately owned and operated bathing beaches in Maryland., Sec. 2 (h) is a statement of opinion unsupported by any factual evidence . Sec. 2 ( i) of the "Findings. 11 The conclusions set forth in this sub-section are not applicable to privately owned and privately operated bathing beaches in Maryland, as these beaches n~ither "burden nor obstruct commerce, 11 and the use of the commerce clause of the Federal Constitution for the purpose of imposing integration on these privately owned and operated beaches is a perversion of the Commerce Clause, for the purpose of effectuating a highly dubious purpose, concerning which purpose there are wide differences of opinion 8.Il.Q. which principal is not generally accepted by large segments of the population. It is not the proper function of government to l egislate for moral purpose e . Nor is it a proper function of government to deprive any ee gm.en t of the people of their inherent right of the self determination of their associations for the sole purpose of appeasing the demands of another segment of the people in their desire to satisfy their social ambitions. (5) DESPITE THE FACT THAT TEE 11FINDINGS 0 SET FORTH NOT A SINGLE VALID BASIS FOR THE INCLUSION OF PRIVATELY OWNED AND OPERATED BATHING BEACHES IN THE PROVISIONS OF S. l 732 , NEVERTHEIESS SEC . 3 OF THE ACT . IS SO BROADLY DRAFTED THAT SOME, IF NOT ALL, OF THESE PRIVATELY OWNED AND OPERATED BEACHES WOULD BE INCLUDED . (a) The provisions of Sec. 3 (a) (3) (1) and Sec. 3 (a) (3) (ii) apparently would be applicable to any privately owned and privately operated bathing beach which fell within the stipulations of these two sections. (1) Considering sub-section (11) of Sec. 3 (a) (3) first, the language used in this sub-section which states that if a II substantial portion of any goods held out to the public for sale, use, rent or hire, has moved in interstate commerce, makes it almost impossible for any bathing beach operator to determine whether or not his operation comes within the purview of this Act. There is not a beach operator alive who that a "substantial0 portion of the goods, sold at hie inter-state commerce, because there is no standard set anyone in determining what constitutes a "substantial" for sale, rent or hire. could know for a certainty beach, had not moved in forth in the Act to guide portion of goods held out To determine what constitutes a "substantial" portion of goods in any case will require a court determination. It well may be that there will be as many different decisions as to what does constitute a "substantial" portion of goods as there are District Courts and Courts of Appeals in the United States. It would appear that even the Supreme Court would be unable to lay down a hard and fast rule as to what constituted a "substantial" portion of goods, which rule could be applied to all cases. The inclusion of the word "substantial" in the Act does not appear to be a loose use of terminology, but rather it appears to be a careful and well-studied use of this word, for the purpose of making the Act uncertain and unclear, with the object in view to force the operators of em.all businesses into compliance with this Act, because they would be unable to stand the expense and difficulties involved in litigating the question. THE RESULT BEING THAT THE INCLUSION OF THE WORD "SUBSTANTIAL" IN THE ACT WITHOUT A .PRIOR DETERMINED STANDARD AS TO WHAT DOES OR DOES NOT CONSTITUTE A "SUBSTANTIAL PORTION OF GOODS MAKES THIS ACT LEGISLATIVE DURESS - - THE OPERATOR OF A PI.ACE OF BUSINESS MUST EITHER YIELD TO THE DICTATES OF THOSE EMPOWERED TO INSTITUTE LEGAL PROCEEDINGS AGAINST HIM ON A CHARGE OF NON-COMPLIANCE wrrH THE ACT, OR ELSE ENTAIL EXPENSIVE UTIGATION. The same lack of clearness and uncertainty as to what is intended manifests itself in the u.ee of the words "moved in interstate commerce" in the same sub- section . �4 There ia, of co~se, no difficulty in determining that if goods are transported in inter-state COlllJnerce directly to the operator of any place of business, then cl.early such goods have moved in inter-state commerce and are covered by the Act. But what about goods which movt3d in inter-state commerce ih the normal course of trade, and have come to rest vrl.thin a state, and are in the hands of a dealer in such goods for re-sale in intra-state commerce? If the operator of a privately-operated bathing beach were to purchase such goods f'rom a dealer in intra-state commerce after such goods had previously been transported in interstate commerce, would the prior inter-state transportation imprint follow these goods into the hands of the beach operator who had purchased them in intra-state cOlllI!l.erce? How could a beach operator who had purchased such goods be certain under the language used in this Act that he would not or could not be charged with offering "goods which had moved in interstate commerce and thereby be subjected to litigation or threats of litigation for being in violation of the provisions of this Act? Unless the words "moved in interstate commerce" are clearly defined and limited in the Act by proper standards, the use of such undefined words will enable those authorized to institute litigation uder the Act to use the Act as a form of legislative duress - to com:pell the operators of ..email businesses and others who cannot afford the costs of expensive litigation to either yield to the dictates of those empowered to institute litigation under the Act, or become involved in expensive litigation which they may be unable to afford. The inclusion of the words "substantial portion of goods" and the use of the words "moved in inter-state commerce" as used in the Act, give those empowered to institute enforcement li~tgation the powers of AUTOCRATIC DICTATORS. Furthermore, the inclusion of these words with no limiting or defining standards in the Act permits the Act to be used by persons with ulterior motives as a vehicle for LEGALIZED BIACKMAIL AGAINST THE OPERATORS'- OF PRIVATE BUSINESS. FOR THE CONGRESS TO PIACE SUCH AN UNRESTRAINED POWER TO INSTITUTE OR THREATEN TO INSTITUTE ENFORCEMENT LITIGATION IN THE HANDS OF THE PUBLIC WOUI.D BE A BETRAYAL OF THE AMERICAN PEOPLE. (2) The provisions of Sec. 3 (3) (1) would appear to bring the operators of privately operated bathing beaches within the Act, if " goods, services, facilities, privileges, or advantages or accommodations •....• are provided to a substantial degree to interstate travelers. 11 The same uncertainty and requirements for a determination by the courts, as previously discussed, would likewise face every operator of a private bathing beach to determine what was, or what was not, a "substantial degree of interstate travelers," as used in this sub-section, and the operators of private bathing beaches would again be at the mercy of those empowered to institute enforcement litigation, and would be subjected to duress and threats to instigate enforcement litigation, with its resultant burden of heavy costs, or else surrender and comply with the provisions of the Act. As to the twenty-one private bathing beaches cited in (2) of this Statement, the application of this particular provision of the Act would be chaotic and unequal, as between the several private beaches, for the following reasons: ( a) As to the beaches enumerated, which beaches are located to the north of Baltimore City, it is probable that leas than 1 per cent of the patronage of these beaches is from other than residents of Maryland. {b) As to the private beaches which are located in Anne Arundel County to the south of Baltimore and which beaches are not more than twenty miles distant from Baltimore, a similar condition probably exists. (c) As to the private beaches which are south of the Severn River in Anne Arundel County, the proportion of out-of-state patrons may rise to as much as 30 to 401,. (d) As to the beaches which are located in Calvert County, the percentage of non-Maryland. patrons may rise to as much as 60 or 701,. The result being that out of the twenty-one beaches cited in this Statement, possibly el.even would not have more than 1% of out-of-state patrons, while the other 10 private beaches would possibly have from 30 to 7Cffo of out-ofatate 1>atrons. �5 Under this situation it is possible that eleven of these local private beaches would not have to integrate and could continue to operate on a segregated oasis, while the remaining ten beaches would have to be integrated, under the Aot, merely because their particular locations were more accessible to out-of-state visitors. ANY SUCH RESULT WOULD BE UNFAIR AND INEQJITABIE. THIS POSSlBILITY IN rrSELF IS SUFFICIENT TO JUSTIFY AND TO REQUIRE THE EXCLUSION OF THESE PRIVATELY OPERATED BEACHES FROM THE PROVISIONS OF S. 1732. {6) THE SAME IACK OF DEFINI'IENESS AND CLEARNESS AND LACK OF STANDARDS IS PRESENT IN SEC. 3 (b) OF THE ACT (PAGES 6-7 OF THE ACT). THIS SUB-SECTION PROVIDES FOR THE EXCIDSION OF "BONA FIDE PRIVATE CLUBS OR OTHER ESTABLISHMENTS NOT OPEN TO THE PUBLIC." What is a bona fide club? Are so-called "Key Clubsrr bona fide clubs as used in the Act? If in the operation of our private bathing beach we limit ad.mission to persons who have applied for and have been given a "Guest Membership Card" entitling them to admission, with non-holders of such cards being excluded, does that constitute a bona fide club or other establishment not open to the public? Under our present operation, we have a sign at our entrance which reads that no invitation is extended either expressly or impliedly to visit our beach, and that admission is by invitation of the management only. Is this type of operation covered by the exclusion as to "other establishments not open to the public" as used in the Act? The answer to these questions does not appear in the language of the Act itself. How are we and other beach operators to determine whether our operations qualify for exclusion under this sub-section? What standards are set forth in the Act to guide us in our determination of these questions? What standards are set forth in the Act to enable the courts to determine what are bona fide clubs and what are other establishments not open to the public? Under these conditions we, as beach operators, will be at the mercy of persons empowered to instigate enforcement litigation. We would have to either submit to their dictates and abandon our right to operate under what we construe to be the law, or else be subjected to expensive litigation. This makes it possible for those empowered to instigate enforcement litigation to exercise duress upon the operators of these private beaches in an effort to compel them to integrate their properties. (7) JUSTIFICATION OF THE RIGHT OF THE PRIVATELY OWNED AND PRIVATELY OPERATED BEACHES TO OPERATE ON A SEGREGATED BASIS. (a) The "Findings 11 as set forth in Sec. 2 of the Act set forth no factual basis for including privately owned and operated bathing beaches under the provisions of the Act. (b) There is no lack of available publicly owned and beaches in the Maryland area, and persons who for personal to patronize these public beaches should not be denied the to them for their patronage, privately owned and privately patronage ia compatible to those persons who do not desire publicly operated reasons may not desire right to have available operated beaches, whose integrated bathing. (c) Privately operated beaches should not be denied the right to offer segregated services for the use of such persons. continued on page6 �6 ANALOGY The operation of these privately owned and operated bathing beaches falls into the same category as does the operation of private schools. The State operates public schools, paid for by the taxpayers, for the use of all persons. Persons who for personal reasons do not desire their children to attend public schools should not be denied the right to send their children to private schools whose enrollment may be segregated, and such private schools should not be prohibited by law from operating. Likewise, the State of Maryland, the City ~f Baltimore, and certain counties operate public bathing beaches, paid for and maintained by the taxpayers. Persons who do not desire to bathe with the persons who patronize these public beaches should not be denied by law from having available to them private beaches, whose patrons are compatible to their customary assoc~ations. The Federal Government has available waterfront property in Anne Arundel County for use as a federally operated public bathing beach. ( 8) POSSIBLY THE MOST REPUGNANT AND UN -AMERTCA!IJ PROVISIONS OF THIS ENTIRE ACT ARE THE PROVISIONS OF SEC. 5 (PAGES 7, 8, 9 OF THE ACT) , WHICH SECTION EMPOWERS PRIVATE CITIZENS TO INSTIGATE ENFORCEMENT OF THE ACT. This opens the door to harassment and worse by vindictive persona and also opens the door to extortion through threats of instigating unfounded enforcement litigation, and creates by law, as previously stated, a vehicle which could be used by unscrupulous persons as the basis for Legalized Blackmail. It is suggested that Sec. 5 be stricken from the Act in its entirety, and that in lieu thereof, that criminal penalties be written into the Act, to be enforced by the Attorney General. The additional effect of striking from the Act the present provisions relating to so-called Civil Action for Preventive Relief, and substituting therefor criminal penalties, is that with criminal penalties inserted in the Act, the language of the Act will have to be clear and ~efinite so as to meet the Constitutional requirements relating to criminal laws. �7 SUGGESTED AMENDMENTS TO S. 1732 Suggested Amendment No. 1: Aft er the end of line 3 on page 7 of the Act, insert a new sub-section to r ead as f ollows.: (c) The provisions of this Act shall not apply to a privately owned and privately operated bathing beach nor to any facility contained within the boundaries of any auch privately owned and privately operated bathing beach, which beach is located within any State, or in any County of any State, in which State or County the State, County, any Municipal Corporation, the Government of the United States or any Department or Agency thereof, or any other public authority maintains, operates or makes available to the general public without discrimination as to race, color or creed, the facilities, services, privileges, advantages or accommodations of such publicly operated or publicly o:wned bathing beach. Suggested Amendment No. 2: In pages 7-8-9 of the Act strike out all of Section 5 and insert in lieu thereof criminal penaltie s. Suggested Amendment No . 3: On page 9 of the Act a.mend Section 6 by eliminating all reference to i nstitution of remedies by other than the Attorney General of the United States. �WILLIAM 0. COWGER <c:DIFIFil<C ill: <O>IF "IrIHI.IE: MAYOR MA Y<O>Jffi. J uly 15, 19 63 LEWIS C. Mr s . Anne Drummond Executive Secretary to the Mayor City of Atlanta City Hall Atlanta, Georgia Dear Mrs. Drummond: I did so enjoy talking to you on the telephone last Friday and look forward to meeting you personally while in Atlanta on July 31. On July 12, 1963, Mayor Cowger issued an Administrative Directive concerning non-discrimination in City contracts. For your information I am enclosing a copy of t his m emorandum. Until I see you on July 31, I r emain LCT:lo TINGLEY E X ECUTIVE ASSISTANT TO THE MAYOR �MEMORANDUM OFFICE OF THE MA.YOR WILL I AM 0 . COWG ER MA Y OR LEWIS C . TINGLEY E X Ecu·Tl vE ASSISTANT July 12si 1963 TO: Al\ Depat>tment Heads Dirrecto!' of Finance City P.archas:wg Ageni: FROM~ VJi l)l.iam 0. Cowge:r l\rmyox- of I..i0uiS"1HJe SUBJ"ECT: Adminis~·ative Directive Concerning Non- Dim~ri miratio1.1 Clause in City Contracts In .the oz·dinance ~stabHahmg the LouJ.swille Human Relations Commission;, the B<"'sird of Ak1ermen and this offi~·d decla:red t~t nuie practice of disex-!mim.tion against any J.n:e:Uvidual ox- g?"oup because ·of 1raee, CR"eed., colior or national o:rrigin~ is contrax-y to g!>Od public policy and detrimental to the peace& prog-;:-ess and werl:a:re of the Cityo u We _alaQ :recognize that the lack of full }.'l'Ai"tic1pation of a.ray lrnl!vidual in _the privileges of full member~ ship in the com.munity r·etards the p.?ogress oI the community and effects the generral well-being of all ol its cftU.zenso " Fqrtliermol"e 51 it is :my s ince:re conviction. that of the peoplt) of LmdsvHle arre e ntitled to benefit an equally from the expenditure of publ\c funds collected in taxes~ :regardless of tlieh' !"ace O:Z' religion_~ In fu:rtheram;:e of lilis policy again.st discrimination., I am issuimg this administrative direetive to all City De_r-a,rtment Directorso .Begbmmg Augins 1" 1968 51 all cont.r-a.cts and invitatiooo to bid which must be app:roved by me under the Statui,,1as of the Commorrw<:ialth of Kentucky and. the Ordinances of the City of Louisvillei11 the foUowi~.g ~J.ause is to be included: Tne contt"~.etor a):rees that int.he performan~e of this agreement with tile City of Loufaville, it 19 will comply with all a.pplicable State and local laws and :1~egulci1:t1.ons r,md will not_discriminate against ~ny emp·:oyee because of racep c:reed., COlOll"~ r,iligion or national OT!gmo The COntractOi' further a.gr1ies that he will not disc:rim!nate in hls employm11r t pneticesp whi~h would include "Find a way it can be done, instead of a way it cannot" ....•••. MAYOR COWGER �July 12 9 1963 Page two

recruitment: demotion or iransfer, lay- off

or teX'mina.Honp OT in irate of eompensationo " If anyone has any questior.1 a iconceTn!ng this memoram:llwnl) please con- tact my office o WOC/ mb ' �Gentlemen, I have the honor, privilege and responsibility of serving as Mayor of the leading Southeastern City of Atlanta, Georgia. Atlanta has a City population of slightly over 500,000 people and a metropolitan population slightly over l , 100, 000 people. The 500, 000 people that make up the central City of Atlanta consists of 300, 000 I I white citizens and slightly over 200, 000 Negro citizens. In general, Atlanta is 60% white and 40% Negro. Nowhere is the problem of the elimination of discrimination -b tween the race _ more prevalent than it i to the local elected official who must wrestle with and solve this problem created by circ"Um ta.nee beyond bi control and th n ignored by the r sponsible lend definition to th solution. I rties who hould peak of the probl ma having b en brought into iocu by Supreme Court deci ion and then generally i nor d by the Pr sid nt and Congre Faced ly with the of di cl'imin tion often wonder wher most t w hav ol United Stat s. bl problem of the i mination directed by the F deral Court , loc 1 ofiici le mu t the Con r c:1 finition or - aplanation in th probl m '\Ul of th of the Uni d Stat a tand in off ri solution of th mo t diUlcult tional ver had. W cannot h lp but look with mu ement. • • if not euapicion • • • • c rtain member• of th Co rea dtb s 4 nouno th d ciaio a �Page 2 of the Supreme Court and offer no relief to the dilemma that local officials are confronted with in carrying out these decisions. You gentlemen must be conscious of the fact that whereas P resident Kennedy has made two appointments to the Court and there are Eisenhowel' appointments and

Tru.man appointments and Roosevelt appointments, only the Senate of the United States has as an el cted body the continuing function over the years of approving all of thes appointments . What I am aying, gentlemen is -- This is your Court that has brought into focu problem and only you thi could have changed it overall makeup through the ye rs. fe Reg rdlesa of our convictions, ling or . motions in th matter of racial discrimin tion, the time ha c.om wh n we mu t fac simpl f eta. Thea facts either --- w r discrimination or you must provid in thi y t m. probl m when it Kist in l gal means for a two-cast You c nnot continu to -I a sy tem loa l suec auc:c v· k d me her in dealing with th! ful b c us we y tbat this i arly v ry city in Americ

ry t te ln Am i-ic -· and all cro

You be must Uminate r cia.1 country nd carry out through legal el). ctm.ent for local offici 1 to deal with - uch ev up to -- in nearly th N tion. to giv you th r v local problem. c round of Atlanta' ~ically w cc pted th in vitabllity e>.f th ve only Court's �Page 3 decisions and attempted to solve them by local cooperation. It should be perfectly plain that the solution in every instance granted to the .... Negro citizen rights which white American citizens and American business had previously reserved to themselves as special privileges. privileges have been carried out by a multitude of local and These ,(..l,tkfy.,bJ.td statewide ordinances that provided for segregation in every conceivable form. I make it perfectly plain to you gentlemen that in not a single in tance have we enhanced or retained segregated privileges where we have d ealt with this mattel'. Following a series of reasonable desegregation such as golf cour es and bus es in the SOi • Atlanta took the following major step s in the early 60 1 s: D ate A rea A ction 9/61 School C ourt ord r 10/ 61 D partm nt variety luncb. c ount rs l/ 6Z C i ty FacUitie voluntary (city official ) 5/ 62 Downtown nd art - theatre volun 5/ 63 N gro fi r etnen hir -d voluntary (c i ty offici 1 ) 6/63 Swimming pool Court order - voluntary d - ciai on to open pool (city offici 1 ) 6/63 18 1 a.ding hot l · voluntary

voluntary

6/63 tor pproximat ly 33 le din r voluntary .t ction

ry • �Page 4

In each instance voluntary action consisted of cooperative action between operators of affected businesses and responsible Negro leadership. You can readily see that in some instances this has been under · Court action and in other instances has been vol untary prior to Court action. In each in tance it ha resulted in the white citizen giving up pecial privileg s which be enjoyed under a segregated society and bas Negro ditizen being given rights which all other people re ulted in th had and which he did not previously enjoy. It would tr nsition ba well for me to expl in to you how limited this b en and bow little of it tM Ne ro citizen can in even · t this time. Out of hundred of r d segregatio.n: affect les t urants in Atlanta, th than fifty of them. bov · The hotel plan is based on d . lthough prominent Negvo s hav conv ntion rticipat b e:n cc pt din hotels, th Ne ro citiz n UI as a whole a ldom hows up. With in Atlan , on of Atlanta's leading r urant there h d ixte n . of th m to din ;.-1,.a during th fir t w k of it d s gr tion Z0-0, 000 Negro citiz n and not bad y ince tbi8 clay. All of thi , ntlern n, l of economics and it ahould be remember d that the right to u do low not in y omic y indicate that it wW roup. uaed qu ation eom thing 91 or miau ed by �Page 5 The above statements concern the actual changes in Atlanta' s elimination of discrimination. ..... May I now ubmit to you my per onal reasons why we think Atlanta. ha . resolved ome of these probl ms whereas in other Southern citi a , tb.e solution has seemed to be impossible and strife and conflict have result d . It would be best for me to de crib a rec nt visit of an offiei l delegation from a gr t Eastern city that bas a N gro population of over 600, 000 consisting of in xc:e s of 20% of their whole population. came to Atlanta to det rmine we:i- hy we had gone furth r with ucc s njoying a great conomie pro rity wher and an un mploym nt rate of three tim s of what Atl 'a wa.a. ce bring hav gon to conomic pro perity. , th two tall of our civic ould -rdly b li ffort to solve ·oui- anv t1l y t di • · .eked by th d e rrted out by the City Go~rnm•nt . maelv•• with d d political int r st of AU nta had in~ ntly U with ita N gro popul tion. l do · that they ar convinced t int•re t sadly referrin that th r. busln s , civic concerned it pproxima.ti ly How v r, in Atl n tion ehnply did not under tand t th and they w re having unlimit d racial probl m I am not n c They blic e daily co cern d t problem •• 'Ill, and that 18 �Page 6 race relations. Gentlemen, Atlanta bas n ot swept this question under rug at any point. Step by step .. sometimes under Court order - th sometimes voluntarily moving ahead of preasures - sometimes adroitly' an.d many time clumsily - we hav tried to find a solution through an £feet d whit own rship and the Negro 1 adersbip agreement between the to each of these probl ms . have not appoint d a. huge bi- racial eommittee that To do this w b com a stop-gap for every cone ivable que _tion, but on the oth r ha.J)d each tim th probl m bas eome into focus , own r to deal with th · top N the top N gro le der ro 1 der e have appointed th atre .. or hot l own l' to de - or voluntarily e rtain rest urant oWtl l' with dealt with th top N gro lead r hip , and by d v loping th lines of community and rt pectability, w hav b en abl 0th r cit! ba.v work d q to r ac::b n amicable olution. hard and in many in lly have £ led and U 1 would Uk to xplaln to you ucc d d wh r v th y -1,,J:Jt.Mt c why I think we om time f iled . tla.nta b th c n r of high r N gro due tion in th · orld. Th r re six r City Umita. Morna Bro d Coll I They r Atlanta Univ r lty, Cl rk Coll g , Mor Colle e , Spelm • e area. ve ·c t re loc t d inside our Colle d an in rd r •ult of high r umber of int 111 in ln tbi• <:ity. due tio n1~ well-ti-ai o in a oua • t1onal ble ln d N 1ro cut~ n reeuU f thelt tr , and v �---- - Page 7 higher education they have had the capacity to develop a great Negro business comm.unity. 1n Atlanta it consists of financial institutions like banks . - building and loan associations - life insurance companie • Uk the Atlanta Life Insuranc dealers. Company - chain drug stor s - real e tate Jn fact, they have developed, I believe, in almost every line of acknowledged Am rican bu in ss. Then there is another strong factor. In Atlanta there is a strong daily N gro newspaper - Th Atlanta Daily World. Owned and operat d by a prominent Negro family - the Scott family - th y operat chain of daily and we kli s throughout th country. the str rngth of a daily n w paper with ve ted intere t But it i an ducated religious and bu in community that carri eked by its voic to th Negro citizen • Do not be mi led by th word 11 con erva.Uv " a d irou• of dditional civil d economic Am :ric n citi _n ie. They imply r obtain \h nit i right to tb end of obtainin th th m iv · s. to er ate e r1 ht th y r d per onal ri ht a liz that it i ae y mor impo,:tant to mon tr tions. And it i that th y const.antly addr • �:· I ! Cientlemen, I bav the honor. privilege ano r spon ibility of erving a.a Mayol" of th leadin Southea tern City of Atlanta, Ci orgia .. Atlanta has a City population of li htly over 500, 000 ople and a m tropolitan population lightly over 1, 100, 000 peopl • Th,e 500, 000 peopl that make up the central City of Atlan consist of 300, 000 whit c:itizen and sli htly ov r ZOO, 000 Ne ro citizeiis.. In gel'J; ral, Atlan 60% whit and 40% Ne ro. i Nowhere i _ the probl mot th bwtwe limin tion of di . crimination the race mor pr v 1 nt th.an it is to the local el cted offiei ith nd solv tbi - probl m creat d by circ who must wre tle b yond bi control and n ignor d by th r 1 nd deliJ.lition to the olution. brought into foe I peak ,o f the problem i nor d by th Pre ident and Congre F c d daily ,t,h th i- definition or We c h re of th t b lp vin hould b en nd then en rally United S ~ th Feder t ,. Couts, loc • of the Uni d Stat tio who almost un•olvabl probl m 0£ th · imination of di crimina.tion a, dir eted often wond rtie pon ibl by Supreme Court d ci iona tanc s ln th • luti offic l• m · t atan in offerla& of th molt dlfilcult t loo wit amu me.nt ••• U ot au.a tional elo ••• • d cial �Page Z of the Supreme Court and offer no relief to the dilemma that local official$ are confronted with in carrying out these decisions. You gentlemen must be conscious of the fact that whereas President Kennedy \ has made two appointments to the Court and there are Eisenhower appointments and

Truman appointtnents and Roosevelt appointments. only the Senate of the United States has as an lected body the continuing function ov r the yea.r ,s of approving 11 the e appointme11ts. o{ What I an'l sayin • gentlemen is ... This is your Court that ha.a brought into fo.eu d it overall makeup through the y~ar • could have chan 0£ our conviction , feelings or emotion in the matter Re ardl of racial discrimination,, th sbnple fa.c ts. this problem and only you Th s tim has come h n e must fac ither .. -· w mu t elimiaat facts a.r \1P to radal discrimination or you must provid a legal m ans for a two - CJ ·•te sy tem d c rry out thr,o u h 1 in thia country to d l with au.ch probl m hen it e11bta in v ~, atat· in You loc 1 succ aa • ystem. m rlc ve d Yo al nactment for local officials cannot contl :u to y t t this ia local ll:I early very city ln America -- 1n n rly -- and all c,:oae th N tion. b J:' to iv . you the r ve p obl m . ck ro d o( Uan ' B · sicaUy · ccepted th in vita.bility f e Go r t'a y �P age 3 decisions an.d attempted to solve them by local cooperation. It hould perfe~tly plain that the solution in every instance granted to the b Negro citizen rights which white American citizens and American business had previously reserved to themselves as speci l privileges. privileges have been carried out by a multitude of local and The e jtt/,tk/lvUtd statewide ordinances that providcid for segregation in every conceivable form. instanc I make it perfectly plain to you gentlem n that in not single bav we enhanced or retained segregated privileges where we have. dealt with thi matter. F ollowing a s d courses and bu e of r a onable desegretation such s in the so• , Atla.nt s golf took the follo in m jor step in the e r ly 60' s : D te Are A ction 9/61 School Cou rt ord r 10/ 61 D 1:tm n t vari ty lunch c unt r l / 62 Ci ty Facilities 5/ 6Z 5/ 3 6/ 63 /63 ' 3 nd arta th. No ro fir m n bir d wimmlng pool• 1 leadi hotel tot s vol untary a c tion • vol un ry (city official•) tre s vol'Wl ry • ohm r y (clty o£ficiala) Court or ~ - vol ta.ry d ciaio 'to o pool (city o!ficiab) ry

y • \ �Page 4 In each instance voluntary action consi ted of coo 'J: tiv action between. operators of affected business.e s and respon ibl Negro 1 adership. \ You can r adily see that in some instances this has been under Court action and in other instances has be n voluntary prior to Court action. In ch in tance it has r ulted in the .vbite citizen givini up pecial pdvileg s which h enjoyed unde.- a re ·u1ted in th. N gro ditizen gr g ted society and ha ing given rights which U other ople d and which he did not pr viou ly njoy. It would be transition h in ven d b 11 for m n and ho t this tixn • egre atio-n conventions to little ct it th N Out of hu.ndr d f cts 1 n to you how limited thi xpl ro citizen ean of r hot 1-, th Ne ro citlz n Uj abov The hotel plan i don oes bav be n • a whol te taurants in Atlanta, s than fUty of th m . d lthou b promin nt Ne rtici ldom aho cc pt d in e v r 1 up. With ZOO, 000 N aro citiz ne ln Atl n • on or Atlanta• le: ding r s urabta th r d •ixt e ot them to dtne/lbiti. durin th Cir t w k o! it d gJ"e ation d h&a not of economic doea ot in lo e, eco d y inc thi day. All of thl • aentl me , i d it ehould be r mem i-ed t y w y indicate that lt will be udc 1r u.pa. a q etio t th right tc u•e eomethi • d 4t or mhua d by t �Page 5 The bove tatements concern th actual change in .Atlanta' elimination of diacdmination. May I now ubmit to you my per onal r aaons why w think Atlanta ha resolved some of these probl ms wherea cities. the solution ha se m d to . \ in oth r Southern impos ibl and trife and conflict have re . ult d. It t for m ould be delegation from a gr t E st rn city that 600. 000 conai tin of in xc c e to Atl w r ta to determin enjoyi a to de cribe a r c nt vi it of an offici Negro population of ov r by w They h d gon furth r with ucc t conomic: pro perity wher r popul tion. of ZOo/• of their whol d they vin unlimit d racial probl m . and un mployment rate of approxima ly thr e tim • 1 m not r cial V of t Atl ce bl' OD to e eonomic pr.o pertty. that How ver, in Atl lf d polltl th ita Ne ro po ln.t r t • th two tf.on. 1 do ot d carried out by the City Gov rnm nt maelve• wlt u ffort to aolva d ould rdly b lie ts of Atlanta hacl int ey are c;onvinced that all ol our c;lvlc bodl • inter •t rily r f rring tlcm im y did not und r tand ln ••• civic c: med it c th r. Thia dele c . •• U ve eked by tly tU yet p&1 le ve d.aily c:o ce:rn d r grave•t problem -- N d that i �--------- P ge 6 race relation • Gentlemen. Atlanta ha not sw pt thi omctimes under Court order - Step by st p - the rug , t any point. sometimes voluntarily moving cad of pre and many tim v clums~l,y - w que tion und r ur - soDletimes tri d to find a droitly - olution through an gre ment betw en th effected whit ownership and the Ne ro l · d r hip to ach of th se probl m • To do this w have not ppoin't d a huge bi-i-acial eommitte·e that atop-gap for every cone ivable q11.estion, but on th oth r band becom ch tim th probl m come into focu , own rs to deal with the top N gro 1 r e have .... or hotel owner the top N gro le dere • or voluntarily c rtain r th th top Negro 1 dr c 0th r ded w r they ha tor Morri• ro

'*lit t

why I thin r N ro due tion in the e bay. orld. . d Collea • loca din id o r Th y are Atl 11ta UDiveraUy. Clark Coll•g • Mor Colle lt aometim a f 1 d. ' Tbet ar •ix gr at Negro Univ raiti • Chy limit•. d ch an amic ble olutio • · to xplaln to yo cent . r of big tlanta. l• taurant owner ve work d. qually aa hard and in many lnsta ces hav fail d and U 1 ould U •ucc to de l with d rehip , and by developing the line . of community bility, we have been bl cut • ppoln d the tre , • Spelman Colleae a 4 a 1 • t umber 0£ in lli1 nt. re • Uy. A1 a eeult ,f \ �pg 7 high r e ducation t bu ine y have bad th capacity to de community. lo lop a great N tla.nta it con i ts of financial in tltutions like bank - building and loan a ociation - lif insurance companie • lik, th Atlanta Life Insurance Company • cha.in drug tor In fact, th y ha.v · d velo dealer·s . tlanta there i a tron daily N gro n £ mily • tlley o But it 1 nte chain of No ro citi and busin a community that c: rri cltb la. T ord "con · rvatlv d c:onomic y simply realie •• righte tbaD it le to er d of obtatnln th a rights them el Atlanta Daily ck d by !ts voice to the • iroua of adclitlonal civil Amelie paper - T tron ! ct.or. per with ve ted inter . ta Do not be mbl d by th d anoth r ly and w ekliea thl'oughout th country. atl'ength of ducated r U o i promin nt Ne ro 1 mily - dl Scott Own d and oper t d by World. . - r al e tat d, I beli ve, in almost evei-y line of cknowledg d Am dean bus in s • Then th r In ro · •· ir a th y ar · raonal ri ht• any t it :la mor impoJ'taAt to d monetrat1 •· And it i t th y con tantly ddr •• \ �Gentl men, I hav-e the honor, privilege and r sponsi hility of Mayo7 oi the leading South a tern Ci ty of Atlanta., Georgia. rving a I Atlan.t a ha a Ci ty population of li htly oveJi' 500, 000 people and a m tropoli tan popul tion lightly over l , 100, 000 people. people that make up the c ntral Ci ty o:£ Th 500, 000 \ tlant c on i st of 300, 000 . bite citizen and slightly over ZOO, 000 Negro citiz n • In en ral, Atlanta i 60% whi te and 40% Ne,g ro. o here ii the probl mot th elim . b tween th rac ho must more prevalent than it i to th local electe-d offiei re tie with and . olve thi - problem ere ted by ci rcum tanee beyond hi con.trol lend defini'tio d then ignor d by t to th brought into toe i nor tion ol. discrimination by tb Pr olution. by Suprem l r pon lbl rtie pe k of th problem ving b e Co\U't d ci ioae nd then t id nt and Congre • of th United S • ac d daily wltb Ui·· almost un olvable probl mo! th ot di criminatlon r esofth U ited 5 d finitlo 01' m W ee a• ce_r v · ever ot lp ber1 ft t • nda In off ring of th moat dilflcult • lu · t im!nation dir et d by th F deral Court , local official• mu t d.er p1'0 ho hould tional d. mue m nt. • • U ot re•• a 1 clo ... �Pagel of the Supreme Court and offer no relief to the dilemma that local officials are confr-o nted with in carrying out these decisions. You gentlemen must be conscious of the fact that whereas P resident Kennedy ha.a made two a p pointments to the Court and there are Eisenhower a pointm nts and

Trum an appointment and

Roo evelt appointrrl! nts, only the Senate of the Uni.ted States has as an elec:ted body the continuing :function ov r the ye rs of What l am aying,. gentlemen is -- ppointm nts . a pproving all of the& This is your Cour t _that has brought into focu this problem and only you could have c hanged its overall makeup through the years. Reg rc:ll of our conviction , fe lings or emotion in the matter of racial di crimin tion, Tb a simple fact • hen we mu t f c e tim ha come f ct a.r . either --- w discrit:nination or you mu t p~ovide U\\Uit le al mean for in this country and c rry out through legal nact · to d . l . ith such ro v y tem. m wh n it ldat in ry t Yo in Amerlc v -- sk d m ,,1 e rly d all her to • ful cce nt for loc official · a local t this i v ry city in Am riea -- i cro · rly n the N tion. iv you th r ve problem. d r&ci l o-c ste sy tem You cannot COAtlnu to say t loc l au.cc as in de Un with this su elimin t up to ck ro of Atlanta 1 ically e in vitability ! v only e Co rt•• �Page 3 deci s ion and ttempted to ol v It hould them by loc 1 cooperation. be perfectly pl ln that the solution in every instance granted to the Negro citizen rights which white American citizens and American business had previou ly r erved to them elves as speci l privilege • privilege have been carried out by a multitude of l ocal and tatewide ordi form. n.c es that provtddd for ve d ellhanced or r jt;J,tkJ-1,hA.td in d aegr gated privil g in.gle wher we It with thi . matt r . ri cour e egr gation in every cone iw.ble 1 make it p rfectly plain to you gentlemen that .i n not instanc Th, in th • and bu of r a on ble de egre · ation such 50' , golf tl nta took tb followin m jor tep in the e rly 60' : Act1o Date Court ord r 9/61 School 10/61 D l'tment ltmch C 1/ City F cilitie volUD.tary (c:J.ty ofiiciah) Do vol~,_..,• Z 5/62. to ri ty tor nd arta the tr • 5/63 vol 6/63 wimmi I pool• l

J

volun ry action• lead! tarr (city fficial•) Coul"t order • volun ry de i•i ,o pool• (city offieiale) r1 • .., * �Page 4 In each instanc · volwitary ction consist d 0£ cooperative action b tween o pon. ibl r rator of affected bu ines e nd Ne ro lead r hip. You can readily see that in ome in tan.c s thi ha Court action ction.

din oth r instance

In · wbicb he enjoyed unde:r ulted in. t e N gro ditiz n d ry prior to Court · re ulted in the white citizen giving up epecial privil r been volun been und r d wbic:b h did not previou ly It would tran Uion ba ing giv n ri ht whicb all oth r people njoy. well for me to xpl in to you how limited tbia n nd ho m ven t thb time. d e little of it th N gro citi en can Out of h of r dr d d althou h prominent N botele, th N ro cltiz n U~ aa a T le hot 1 v, 0 te abov urant in Atlanta, rea tio aff ct le a than fifty of them. convention rtici b ea ace pted in ev r hole s ldom •ho a up. With 200. 000 Ne ro citb na in Atlanta, one of Atlanta' d e1xte a d of eco of th m to din t bad • m • y tl du ince tbia day. & t fir t All of thl•• U ebould be r membered doe• not ha an way lndlcat l w r ecc>nomic :r p.. tio g t1 me , l• a ueatlon t the ri t it WW. be uaed ~t to us • methlng or mbueed y �Pae 5 The abov tat m uto c onc ern the c tual c in At1 nta• ~ng e lim i nation of diae rixnination. M y I now ubmit to you my raon 1 r on by e :r 1olv d ome of the Atlan in other South r n cltie , the olution hae eemed to be impo ibl and trife and conflict v resulted. It would dele ation f r om a gr t E stern city that 600, 000 conabtin of in cam. to r to de c rib be t £or m tlanta to det rmine hy we bat Atl racial peace br • nd ta' Ne r o popul tlon of o ver d gone furth r with Joytra. a s r e t economic pro th:r e tiQ'l • of s of 2 Oo/. ol th ir whol e popul don. xc ullmit d r eial probl m rec nt vi ii of an official uce a r rity w not conomic pro•perity. c • t rily r How ver. in Atl d vinl un mployment rate of pproxi wa • 1 Th y tely rrlng t t ta. th 0 hav go e tq thei-. that the .,-.,...,~••• civic it C that ma d political lnter •C of AUanta ba in ntly U with tt, N · aro ey ar convt ced arl'ied o t by hltere•t • d hardly 1-li . im y did not und retand a d Thi• tlo • I l)O t &11 of o dle• • City Go th an ff. rt to a 1• ot bell r nun c t raveet probl m •· e ic ed t 1• �Page 6 race telation • Gentlemen., Atlanta ha not w pt thi qu tion und r the rug · t any point. Step by tep - · ometime under Court ord r ometime voluntarily moving a.he d of pr s ure and many time clum ily - - ometim droitly - olutiou through · n have tried to find reem-ent betw en th: effected whit own rship and th Ne ro leader hip to acb of these probl mo. To do thi we have ·n ot ppointed a huge bi- racial c:ommittee that atop- ap for v ry cone lvabl qu becomes each tlm th o problem bas com into focu • era to de th the top N th the top N gro le d r hip , n bl to r ctabllity, hav fail d and d r · .. or hotel own r th ly a I re ould li 'I to• ve ao Um ch an b rd ain to you rs d th Un d by d velo. O~r cUlea la eucc e e have appoint d th atre dere - or volun rily certain re taur th top N gro 1 and r • ro l tion. but on th 0ath l' hand lt of commtmit · ic bl a lutloJl. in i:nany instaz:&ee• _.Att/:llt by I V fail d. rl • Ther ar• •ix 1• at Ne ro OnlveraUlee and C ll CUy Umlt•. rr a v• ro ey are Atl •• s • locaw ta Ulllv r•lty, Cla.rk Coll•& • C 11 u••• �high r education th y have had th capacity to deVI lop a . r at Negr o ln Atlan bu ine s community. li banks - building d loan a it c:on i ts of financial in titutio.ns oc:iation - life in u ranc li~ th Atlanta Life bwu:ranc Company - c: lers. Jn fact, th y d cknowled d Am rican bu ine s . Own d family .. th y operat c But it is the tr & N J"O ro ne th of in o! d buslne paper - T f, etor. Atlut.a ily nt Negro family - th Scott d w dally n•w k:11 s throug ut · e country. per with vest d inter ta c iroua of ad.di o Americ cU:1• ls. ord "con er tiv omic re civil and Th y simply r it • to c:r to~ •• rla te tbat ·t hey con• tbem.e lVl •• they ue • u ri hh • lite tbat It i8 mor impor obtdn th e rights dot obtainiD d by community that carrl • it vole to the citiseu. Do ot be mlal d by th d in drug _tor e · .. r eal n ther is anothe;r stron d operated by a prom an duca.ted r Ugioue e • ve d veloped. I b Ueve, in almo t ev ry lin of In Atlanta there ie a stron dally N World. com U. df;moaetratlon • d U i• tly a dr •• y t , �CITY OF A TLANTA Date Area A ction 9/61 S chool s Court order 10/61 Department &t variety stores lunch counte rs voluntary action 1/62 City Facilities voluntary (city offi cials) 5/62 D owntown and arts theatres voluntary * 5/6 3 Negro firemen hired voluntary (city ·o fficials) 6/63 Swimming pools court order ... voluntary decision to open pools (ci ty officials) 6/63 18 leading hotels voluntary,. 6/63 approx. 33 leading restaurants voluntary* \

In each instance voluntary action consisted of cooperative action between operators of aff cted businesses and r sponsible Negro 1 adership. �B~ NA D SOUlH 332 Piedmont Ave., . E. n .-TA12tGA. July 10th, 1963 \ Senator Richard Russell , Washington, D. c. Dear Senator Russell: I have followed 1th interest and admiration the position you have taken on t he iniquitous prpposed civil rights bill 1th aJ.1 of its dastardly implications . I strongly endorse all that I have read in tho press of the strong opposition you are providing and I encourage every act within your po er to defeat this proposed measure with all of its heartbreaking possibilities including the ruination of many business establishments that ou1d occur in addition to an ending of .freedoms in this country long enjoyed by its citizens, all for the on purpose of playing for political gain or negro votes . It apparently has never oooured to the Kennedy .fant1ly or the loss ot hlte votos. they must consider or do they ever atop to consider anything h nev r the negro rai o hi voio? I did not vote for Kennedy (nor Nixon) nd 111 never vote for this politic l dictator who holds the south in such contempt, ho sho s such utter l ck of acumen for the high office ot Prosident . I am oppos d to the insidious methods ho and hie family use to seize control of this country for their own political po1er gin. is handlin of the negro problom shoe utt r laek of maturity. At evory opportunity praoented I exprea~ my vies to nll with ars 1th which to listen and it i y hope that e 1111 hav several million citizo · do 1ik 1se so that e might not be burdened with the Kenndy f ily fter th pr sent t rm of office expir Cordially your • _/-'.'( ~ l . C £'2. ~ B natid South - • �r " GREATER ATLANTA q::>UNCIL ON HUMAN RELATIONS -:- 5 FORSYTH STREET. N.W. - Announcements •••••••P• 1 Atlanta Notes ••••• _. •P• 2 ATLANTA 3. GEORGIA INSIDE Civil Rights Bill ••• • • ••P• 3 Hotels & Rest·aurants •••• •P• 4 REPORT FROM.VvHITE HOUSE CONFBRENCES BY ATLANTA PARTICIPANTS, Monday, July 22, 7:p.m., Stouffer's Hearth Room. Dinner $2.40. Make reservations at Council office (523•1581) by July 18, 1963. · I In response to requests, more opportunitities for "members to know each other and respond to interest in what went on at the recent series of White House conferences on civil rights, the Greater Atlanta Council on Human Relations has arranged for members and friends this dinner meeting, at which time 6 of the 25 Atlantans who met with President Kennedy at the recent series of meetings will report informally on the significance of the meetings and their application to the Greater Atlanta area. The others will be invited to attend and to participate in the discussion. (We are proud that 6 of the 25 are members of the Council. Those invited to speak on July 22, however, will include some members and some non-members) COME AND BRING YOUR FRIENDS!!!

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SAVE AUGUST 19 FOR A PICNIC SUPPER FOR COUNCIL MEMBERS AT PIEDMONT PAP.!. To avoid reservations and money, eaoh family is asked to bring your own food. The Pavilion at the Fourteenth (14) Street entrance, has been reserved for 6: p.m. to 9& p.m. This will be a purely social affair•-no program, just food and conversation for all age~.

BELATED CONGRATULATIONS TO GACHR MEMBER, MORGAN STANFORD, upon his recent appointment to the Georgia Advisory Committee to the u.s. Civil Rights Commission.

SWIMMING POOLSa It would be worth a special effort for white GACHR members to use recently desegregated "white 11 pools to a.void "resegregated" Negro poolse Encourage use of the pools by friends, neighbors and groups to which you belong. This is one way !2!! can respond to the President's appeal.

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From President Kennedy's Radio 611d Television address on June 11• "We face, therefore, a moral crisis as a country and as a peoplee ••• It is time to aot in the Congress, in your state and 1ooal legislative body, and above all, in all of our daily lives." July, 1963 .•,,, ~ . �APOLOGY TO MR. HOLTs ·---~[.,. ' J<Jiti·~:~ B:01t; President of the Atlanta Board of Education, at the Eo,.:; N". :,ri:,~'i-.J. ·:~ on Ju:.-.e ~o., said that he had been misquoted when the Council

J.b :1 i--J ,, r:A. ~; '.: hat i ~~- ' 1 t' -. >u] dn •t think of anything to say" in response to. GACHR' s

'.I.ff~ ·:·., _~ ,.. ~). .. .::. .:1 i t; ~1:i.1 ti"il1. :c·:.0n ·(;o ph.ns for an At'.'.f'.,:.'.· ~ ·:5.g h school with a Negro · He: :c.: ,-, ,· <I~ ,·., 1.e.1 ..:.1· ··;o ·.,e··:~ <). m ual outing to CaL.r,··r-r,. ~,- ~>.rdens., which does not c..~l ·, ·.-:- x ~·g .. ·,~ Q ,; -q _ .-i :.·, 1:c,.,8.-'.: i ng suggestion made ~ f . ...r:Y: ,,·30.r that Board adopt p~ :(:....,y ri :·•:, r ~.;,r r; l sp·or.J ored i•mctions held 1vh, .re all students would not h -~ 'r. .-.-o·i_-;, -r:<-1 ,:'.c !1, ·,· . liolt se.:~d ".;ha."t "this Board i\::..t for 'it to intercede and ci,C: 11.::c. -~;> <:'- r, r·t .,r-r: -':- ,1 be N1"'. :t.e r.: off would resuJ-f: ·1 r . urifavora.ble reaction of ·:::,,2 ,."1. -,.::: _.. 1: ·: i ;.,.°'.•i<c :-- -, ·l v >,,n i the communit~, c,·,,1 ·:i.rds the student involved • 11 .,,._ . 1. t s power +..,.. :-:- ~·;3vent sue h reac t ion. . u ::.... s 1 ,) ·.: ·..1- l , il , -1. ·· :.-.,, - ~,,;··: :,-,.~.; .,. ,(; in '.:.'_;: ·. .~-'- ·.;,t, :::..l; .'i.:::-,...,..:. l ,,, :3 . • c -). :cs.cted the Co~_;; -...·:_ several times saying that s>e 1• 11,,: · . ••1. :· ~ ·.' :-, J._._, v~· c.,n th:- :picnic." Wo a _.:,,,~.:,: ize for .misquoting Mr. Holt. W.s -, ., : i. ~- ~1 " ';:; , .- l c. · ~"' "? ~, ~:-d's ,:~rmitting a svJ:-.o....,l sponsored event to be s r.1, ·3c, d .,,·:1 .,f· .;,. :-:,:. , , ~,.;) ' 'l:"t'b :te it is knoi•m in advanoe that even one of the s1·;,__ I= ,,.~-~ ·n 1,c °LI ;; c-. :~;,;: .J.-1 not be admitted and question the advisibal:.ty of Jl':'.i:..J..ic, ···' ::1 ·-· ·" :' .. ·:-·;_ c r- ,.c a stud:!n:t to bB placed in the position of making 8. < .i.':.' : ,. :J ·_,,,., i,l _. :: .-J~ .1. r' T,);_'.! ~S a ch oice between participating in SC~ OOl a ffairs o:· c . , ..: :.!l2· · 1-1.': j p _,, ,J ;:.'.~ ~.'.'l reaction of the class., the student body and the C.JIDnl:,ir.i :~·/1 to·, /T;l;l JJj himself Or herself• 1,; 1 1 1

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lluri o g the, ,a.st few weeks, the GACHR has been asked to assist in efforts tc s ·K uru ::-.r.. :::-ol).'.'ll0nt of a Negro in a typing cour:3e a.t the Northside YMCA and en:.·c.:..lment of a H,3gro ohild at the -~+.lanta Speech School.

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Bishop Ra.nd,,•.ph Clairborne of the Epis copal Diocese of Atlanta has anno'.Jn~ed ~!1e wi t ·. H1.r awa.l of any affiliation between the Episcopal church anc't -~i1e L:.7.;·~t Schr; ol 3 following the announcement by the Trustees of a po} i 0y of ra ~ia~ s 1:e;rt:g:ation. Rev,1 John Mc-:--~ i e h.P.s anno'..mced that " o .. steps will be taken in the f a ll at -;~h :3 c:,1'7ning u f .:; --:'1.1;,-:l to p:r-;;f e:::+, the Trustees ' decision which lea ve s some c.c;·. t,.:: c.::: ·r.c, t h A ~\,:. ~;;1 <·u1nes : u °l' ·x th Ep h .lopa.1 clergy and laity. · • uSupport wi.L1. ·.:i o 2;;'.'\_:·!n. -:.;.-, Ji. L~.,.,-•_ a ot·bn ;_: )::.:-. s st a.5.ws d. a.t both the school itself, a s W'3U as t P,13 LtE;m~,_, :r~ of t ho i:,_~.· '. who , 1·A Episcopalians . Most l i ke l y t hi s will L1111.,_('e ·,:1-:.,:.i !rLa,~::.ng: of p~'-:t,-.-~·~·- a·t t :v} !:lchool ancl at othe r point s 10.i,p re, pri,1.t; :.:- ·i:;r) ·:;he redpe ·::iti78 'i: r . 3"C,':' •H l "oo 1:

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DEC.Ni:'L'R G1,.C:T:? r5~P.':i:R8 1q tc : .-t;J. .c,:-;t ; S!::10 01~ f ;• .-. u.c:.Jµ,r whi..;r. 0r:",D.~ :..: _• c-:.ho .:>ls.. >or-'i th ,:'": N0gi·o chHdrAn in DE.'ca t ur must oome in -1,:1 ( '~.:>;.:1 many Negro~s liv0 a few blockn from the The ~c::n1,1.tur schools off ered no s ummer courses in cc,lorod so~.00 ~.z:. No rop.~J; ·':;~ inq_,,d . ries to WES"l_'MHlffTER SCHOOLS about pol icy of accepting appl icatj .,:....z I':;: 0.u Negro es, for s tur.;ner or regular sesslonse IN TI~~'.::?~t£t Factual chronological account of desegregation to date in Atlantr Copies of Dr. Mart1n Luther King., Jr's • ., LETTER FROM Bli.liiI:;;;.fi.AM Ji.\Ti~JAIL. AVAT:.~!,? :~0 0N R~Clt'ES'i: Nots~ We urge you to support the desegregated restaurants and to state your appl'O'VS.l of such~ policy. �l GREATER ATLANTA COIDJCIL ON HL'VlAN RELATIONS July, 1963 -3- SUMMARY OF ANALYSIS BY SOUTHERN REGIONAL COUNCIL OF CIVIL RIGHTS BILL (You are urged to express your views to Congressman Charles Waltner, Senators Richard Russell and Herman Talmadge.) Voting: Forbids use of different standards, practices or procedures for whites and Negroes, bars denial of right to vote in a federal election because of certain immaterial acts, provides for federal voting referee when lawsuits ·a.re pending in county in which fewer than 15% of eligible Negroes are registered; preferential treatment of voting rights suits . on federal court calendars; requires presumption of literacy on completion of 6th grade in accredited school where instruction is predominantly in English. Public Accommodationss Guarantees to all citizens full and equal enjoyment of goods, serlices, and facilities of hotels, restaurants, places of amusement and retail establishments in interstate commerce, ieeo, where goods , _services, facilities or accommodations are provided to substantial degree to interstate travelers; substantial portion of goods has moved in i nterstate conunerceJ activities of establishment substantially affect interstate c~mmeroe; establishment is integral Ra.rt of est~blishment covered by above (bonefide private clubs and establishments not open to public not covered); persons denied access because of race can institute court action; AttorneyGene ral can bri ng suit upon written complaint by aggrieved party, i f pa rty i s unable to finance suit, obtain effective legal representation, or t here is fea r of economic or other injury; before such suit, A- G; must refer case to Communi ty Rel ations Se rvi ce (see below), give est ablishment time to correct practices; permit state and local equal access laws to ope r ate J if plaintiff wins suit, loser pays attorney' s fees. School Deseg r egat i on : The u. s. Commis sion is requi r ed to re port in 2 years on ext ent of s chool segregation on a ll l evel s; Commiss ione r aut horized t o give t echnical and f i nancial assist ance , upon request , t o school dist ricts in process of school de segregati on ( financial assistance t o t rain pers onnel ) J authorizes A•G to i nitiat e sui ts against local school boards and public inst itutions of higher learning whenever complain of existing segregation is received signed by parent or i nd i vidual; party is unable t o undertake s uit for lack of money, effective counsel, fear of ec onomic or other injury; A-G determines that such SU1it will further orderly process of desegregation. Community Relations Service: Federal agency to work with local communities Jp,roviding advice and assistance, help s olve inter-racial disputes and work quietly to improve relations in any community, to be established by executive order until given statutory action. Civil Rights Commission: Extension through 1967 and broadening of power to serve as clearing house, Qffering i nformation, advice and technical assistance to any public or private agency requesting it. Equal Opportunity Commission: Permanent statutory Commission similar to present Committeeo Federal Programs' Any federal assistance program not required to give aid where racial discrimination is practiced; n9 discrimination in employment oontraetors or sub-contractors on grounds of race. �GREATER ATLANTA COUNCIL ON HUMAN RELATIONS July, 1963 -4- RESTAURANTS AND HOTEL DESEGREGATIONc Restaurants: The GACHR, along with the Atlanta NAACP, the Committee on Appeal for Human Rights and individuals oonneoted with other organizations, has been in touch with individual restaurant operators and with the Atlanta Restaurant Association for the past several months, urging voluntary desegregation of eating plaoese It has been stated repeatedly that no person or persons may speak for the Restaurant Association end that any action taken would be done by individuals in terms of their own places of business. The individuals ta.king part in the discussions have changed from one time to the next. To our knowlbedge, there have been no written agreements. There were verbal agreements to desegregate the last week of June, after repeated demonstrations by the Committee on Appeal for Human Relationse The understandings of' the verbal agreements he.ve varied in some oases on the part of different persons at the same meeting. Some restaurants which we understand did agree to serve Negroes decided against it before the appointed date. Some served Negro·e s on the "first aay, 11 then refused to serve them the next day. -Some refused at first but served later. A number served Negroes but when asked by telephone if they were desegregated, said no. So--there is no "official list," and any list would probably change from day to day. Acting on the belief that desegregation cannot l::e in effect until those who might be effected know of the change and on the belief that support from those who favor the change can be more effective than withdrawal of support by those who oppos·e it, we give here a list of restaurants in which the GACHR members have observed Negroes being served within the past few weeks: Yohannon's, Sellers (Piedmont Hotel). The Farm, Herren's, Camilla Gardens, Emile's, Esooe's, Caruso's, D~:v.is Brothers, Johnny Rebb 1 s, Crossroads, Big Boy Drive•in, Seven Steers, Miami Buff et, House of Eng, S&W, Bradshaw's, Howard Johnson's, Dales Cellar, Rex' Fine Foods, (the ·:· Riv.bra and Four Seasons for private parties). Hotels 1 On June 21, Mayor 1van Allen announced that he had been requested by 14 Atlanta hotels and motels 1~ 0 announce a plan for limited .desegregation. The hotels listed were: the Air-Host Inn, Atlanta Americana Motor Hotel, Atlanta Cabana Motel, the Atlanta.n Hotel, the Biltmore Hotel, the Dinkler- Plaza Hotel, ~arriott Hotel (unfinished), the Hilton Inn, 3 Howard Johnson's Motor Lodges (South, Northeast, and Northwest Expressways), the Peachtree Manor, the Piedmont Hotel, and the Riveria Motel . The Council wrote Mr. Allen asld.ng if this in anyway changed the situation of individual guest (s) since we are often asked to arrange lodgings for foreign visitors. He replied that he had imde the announcement as reqyestedq and was r efe rring our letter to the Hotel Assooiationo Mr. Styron of the Hotel Association wrote that this was an individual act by each of the 14 hotals and ea.oh would have to be contacted individually~ We a~e in the process of doing that now 0 There have been reports that individual Negro guest have been accommodated, but this has not been announced as a public policye Dr. Ce Miles Smith, NAACP president, said his understanding of the agreement was complete desegregation of these establishments~

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RtA rr,RAJ1LM}1TI:1'\ iC OTI'NJ:W

l·N -~ l}MA:N RfLATIDNS •HJ RSYTH ,ST .. N. w. I lLLANif'A :3, -G-E..OR.G-·- U.S. PC ,-.~ .. PAID~ Atlanta • Ge org1a . Perm it No. 281 �HAAS , DUNAWAY , SHELFER & HAAS ATTORNEYS AT LAW LEON-ARD KAAS JO H .N A .,.,DUNAWAY SU IT E WM . S . SHELFER 60 1 HAAS-HOW ELL BUI L DING ATLANTA , GEORGIA G E ORGE A. HAAS JAMES B . P ILC H ER HUGH F. N E WB E RRY TE L E PH ONE JACKSON 1- 1151 J ul y 11, 1963 Mayor Ivan Allen , Jr., City Ha ll , Atlant a 3, Georgi a . De a r Ivan : I am wr i ting you at t he r e que st of my wif e, and a cknow l edg e I am gl ad t o do s o. (1 Y Ge orgia Code , Sec, 5 2-101 reads as fal lows: 11 Under t he t erm 'i nn ' t he l aw includes a ll t averns, hotels , and hou ses of publ i c gene r a l ente r t ainment f or gues ts. All pers on s ent ertained f or h ire at an inn are guests." Georgia Code , Sec. 52- - 103 reads as f ollows: "The innkeeper who advertises himself as such is bound to receive as guests, so far as he can accommodate them, all persons of good character offering themse l ves, who are willing to comply with his rules . 11 These Georgia Code Sections are codifications of the common law which has been of force for more than a hundred years both jn England and in all the states of this country. (2) With respect to the decisions of the Supreme Court of Georgia holding unconstitutional an Ordinance of the City of Atlanta which prohibits colored persons from occupying houses in blocks where the greater number of houses are occupied by whjte persons, I am giving you copies of two letters which I wrote to Ralph McGill, one on December 12, 1960, and the other on January 22, 1963. �Page # 2 July 11, 1963 You will note that in my letter of Decembe r 12th to Ralph, I men tioned that Richard B. Russell was of counsel for the petttioners who secured the ruling of the Court decla~ing the Ordinance unconstitutional. Ralph was of t he opinion that t he Ri chard B. Russell referred to as counsel for the negro must have been t he father of Dick Russell, a s it was de cided in t he year 1918 . Ra lph may be correct, I have no way of knowing . · Best wishes and mo re power to you. Sincerely, 143.215.248.55 16:32, 29 December 2017 (EST) LH:LPM ENC. Leonard Haas �22, 1963 Mr. R lph cG111 1 'rhs Atlanta Constitution. AtlB.Dt, Georg1a. Dear F.alpn: I was a.el1ghted with your handlii;g oi tlle Glover · c se (January 21st) columrJ entitled "The olly of Barriers." It was splenu:1d. iii your I c, .iday 'lb r a,.; 111d ed an a 11 r Georgi c se t the · ~lo~er ca~e decidea by th~ 3upreme Court 0£ Georgia 1n 1915 1 1 eJy ,2..~rel'.· r,1,1;y 9,r Atl Mk~~ ,.143 Ga, ,192, .v, While the. GlovGr cas~ was s:tmply a ptH' curjam i..lead.uote d.c1~~C>! s" w'1th uo wr1tteu op1n10ll, 1n the C:1' ,:' c se Judge S Atk1nson for the court wrote a magnificent opinion declaring 1913 .r\tlai1ta C:Jty Ordji.ai~ce proh:1b1t1DF. vh1te and colored perso.oa 1·ro res1d.tug :hJ the same block uucons Li t~ti oual. '£h1 s "' s lso W·rujjmous dec!s:10n aud ~as later c1ted by the Supreme Court of tht: \.1111 teu States :n JJµc.haµa.u y, }io[leY, 24;5 u,s, 6.0, where t op1.n1on of the court !ncluded a lollg excori,t :from Judge Atk1nscm •s op1n·i o.n 111 tne Carey case. ncu similar ord1nailce came oe1·ore the court, Judg .Atk11.soll also wrote a short but vigorous diss~nt:!ng opjn10ll ill liHclOl} Ye City 01' Atlanta, 14, b:1 18 the O 1 v 14, wh1ch ca.,e w s subse"'uent overruled by the Glov r decision. Gt'~ •.. H C 1 CAM ra �Page 12 1963 This perhaps 1s a sh1niDg example of one of Ch1ef Justice Bleckley's terse say1Jlgs: "That court is the best which rel1es as 11ttle as poss1blG Oll its own opin1ons." Best wishes. S1Jlcerely• Leonard Haas 1,HsLPM P.S. Judge Atkinsou's decis1o.u in the Carey case as also c1t~d w1th approv 1 by Judge Tuttle 1L! wr1t1ng for the F1tth C1rcu1t Couxt of ; rpeals an opinion aff1rm1Dg o ... c of Skelly right 's decj s1 vns str1kh!g Jown the ~ ...::,ui s.tana Statute seek:Jng to ma11lta1n re ' • T- •J .c.J -iu'" 1 " ,, I::' .._, _ ,. ~~ 164. ' ,. < "° ._. '-.> ·.-1,. •1 242 lid, 2d 119,

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·._·.1.v•.._,,1 ~ ·. • - ,·,r· l ' •&! ,, w' .....,_::;::1Utr< " ' ' 0"1 'ri:'i•tY + tr- oar·~Wt. ,:., I ,..,_U,.1,,. +! i?Mt �D· c mber 12 1 1960 lialph McG111 1 . le:..'!') t ~- ~ 0 t , eo .. g1 • ., l l r)n t For yuu.r -tnfor, t 1on. 'I th1nk tl10 f'olloi.. 1r.g has a b..,arJng o~ tn~ segregat!on quest1o~. ,-n 1.91\) . 14'-- ;a. ~'-'.I, i 1 the case v-"' Ql2ver· v. _911.Y .>f At! n a~ .o:.1rL o-? Georg:ia :.~ ..mai.1.mous \.:.sc1s1 held 1m"on::;~1t Lonal a ··1t:, of !·.'·lant- Ord1nance h1c .. 1 f ... rb colore pc-H·son 1.0 :JccL~PY .;} '"t.:r.· 1n i.. lccL::. ,· ~r~ ._,1.1. . ~:..v 1.. !' number o,,.. .,~-,~e·· · r~ o,'.."c 1 ad by ,-·h1tt De. :r:nf. (Pi-; .•. r-.i i.3. R.issel . a, -r !0-.,1 ~l I · ~ ·1e ,.._..,titjG:!v,!'.:: 1 h;) ..: ....,'lr--u tt.L. ru11· 4'-f' · 1-. ,, ~ :·:1- , ·3c-'s1on 1_ st:1 1 " t. _ 1£',' o. (' org ~. vJ.lJI·E-me 1,.it:: 1 •• 4 I • •• , 341+ ·;,c:;. 1~ 1 '-.) 8 -in~···· t~) U1 .. .::u p! ?.T _ r·o.,rt r•. u ....... t_ e n fo r cE.: a c v'l .. "\+ t:1at nron.rty not b. . . lf,t:::a or v ·e-1pf1:><.l by an;j erson u: ·:~J·- .., . ... .::,~~ c..,.. tL ""He co:.irt 1L.ld that tho <-lI'o::~c·~1..nt . t~.~li J1 .1 ~4ch \rnendm~n~ . s - the }.~Li1 Amt:.,d.rr("nt ~ d"rt.-::· cd .~ ')n - l: i • . -- the "vi...r': f' .'.l' ,; -r h~lu. that t' J c.t:!on u ,...,a , , 1rt~. in e 1f')rc ·nG tn1~ 1·0str r-t.,., , ccJenar1t • : t be r -~ r( ·,d fJ t. a t1on of" t1 e st t~ -( · :J~ th,~ 1 1+th Am.dnd<..; 1 rr.ent, and. a s ·o 01.... +. 1 to· denial of' the equa l prcitec t 1on of th13 1n1~ 1s ~ot f or publi cation . Eist v11shes. S1nc rely• • �News Release IVAN ALLEN, JR. Mayor of Atlanta Mrs. Ann Drummond For further informa tion c al l , J a 2-4463 Executive Secretary FOR USE UPON RECEIPT July 11, 1963 Mayor Ivan Allen, Jr. has accepted an invitation from the United States Senate Commerce Committee to testify before the committee Friday, July 26, on bcliu1i; .ef Senate Bill 1732. This bill is to eliminate discrimination in public accommodations affecting interstate commerce. Mayor Allen said "I welcome this opportunity to tell the committee of the fine relationship which exists among the citizens of Atlanta and to describe how we have faced our problems and worked out solutions." - 30 - �(G July 2, 1963 WILLIAM 0 . COWGER M A YOR Honorable Ivan Allen, J r. Mayor of Atlanta City Hall Atlanta, Georgia Dear Ma yor Allen: In answer t o your request of July 1, we are enclosing a copy of Ordinance No. 66, Seri es 1963. If this office may be of further assistance t o you, please do not hesitate to contact us. Sincerely, WOC :lo �ORDINANCE NO. 66 SERIES 1963 AN ORDINANCE DEFINING DISCRIMINATORY PRACTICES IN PLACES OF PUBLIC ACCOMODATION; PROHIBITING THE SAME; AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. WHEREAS, each member of the Board of Aldermen recognizes that the government of the City of Louisville was organized to protect and promote the health, safety, and welfare of all persons in the City of Louisville, including minority groups; and WHEREAS, each alderman is cognizant of his duty to protect and foster the welfare of persons residing in his ward and to prevent, insofar as possible, any discrimination in places of public accomodation on account of a person't race, color, religious beliefs, ancestry or national origin; and WHEREAS, in order to insure that there be no discriminatory practices in places of public accomodation on account of race, color, religious beliefs, ancestry or national origin BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF LOUISVILLE: Section One. It is hereby declar ed to be the policy of the City of Louisville in the exercise of its licensing and police powers for the preservation of the peace and the protection of the comfort, healthl' welfare and safety of persons in the City of L:>uisville and to prohibit discriminatory practices in places of public accomodation as hereinafter defined. Section Two. When used herein: (a) The term "person" includes one or more individuals, partner- ships, associations, corporations, legal representatives, or other groups of persons. (b) The term "Commission" means the City of Louisville Hu·m an ~elations Commission as established by Ordinance No. 33 of the 1962 Ordinances �of the City of Louisville; and the t erm "Anti~Dis crimination Division" means a Boardj any three members of which sha ll constitute a quorumj consisting of five (5) members of the City of Louisville Human Relations Commissionj said five members to be designat ed by t he Mayor of the City of Louisville. (c) The phrase "Place of public accomodation" means any place of bus iness offering or holding out to t he gener al public services or facilities for the peace, comfor t j healthj welfare or safety of such general public includingj public places providing food~ shelt er 9 recreationj · enter tainment or amusement. Section Threeo Discr iminator y practices il as hereinafter defined, in places of public accomodation are hereby pr ohibited and declared unlawful. (a ) It s ha ll be a dis criminator y practice for the owner j lesseej manager j pr opritor j concessionair ej custodia:nj agent or employee of a place of public accomodation within t he City of Louisville to deny j to a ccord or to treat differently any per son in the s er \rice or sa le of any privilege j facility or commodity on account of his racej color j religious beliefs j ancestry or national or iginj or to segregate or requir e t he placing of any person in any separate s ection or area of the premises or facilities j of such place of public accomodation, or to deny j refuse or withhold from any pers on, on account of his race, color j r eligious beliefs j ancestr y or national or iginj full and equal accomodation advantages 9 facilities a nd pr ivileges in any ,p lace of public ac comodationo (b) It shall be a discriminatory practice t o place, postj main- tain, displayj or circulatej or knowingly cause 9 permit or a llow t he placingj posting, maintenance j display or ctrculatf.on of a ny written or printed advertisementj notice or sign of any kind of description to the effect that any of the accomodationsj advantages, facilitiesj or privileges c;>f any ,pla~~ of public accomodation will or may be r efused~ withheld from or denied to any person on account of his r a cej color religious beliefs j ancestry or national origin,

2 �. or that the patronage of any person is unwelcome 9 objectionable, or not acceptableil desired or solicited on account of his race 51 color ii religious beliefsil ancestry or national originj or that any person is required or requested to use any separate section or area of the premises or facilities on account of his race 9 color 9 religious beUefs, ancestry or national origino Section Four o The administration of this Ordinance shall be the responsibility of the City of Louisville :Suman Relations Commissiono The Anti-Discrimination Division shall have full operating responsibility under the supervision of the Commission for carrying out the provisions of this Ordinanceo In addition to any powers or duties heretofore conferred on said Commission it shall have the power and duty to~ (a) Receiveil investigate and seek to adjust complaints of diSCJ;'iminatory practices prohibited by this Ordinance and to initiate such complaints itselfo (b) By itself or through its Anti~Discrimination Division9 to hold publi~ or private hearings 9 administer oaths 9 and take the testimony of any person under oath relating to any matter under investigation or in questiono If a person9 against whom a complaint of discriminatory practice is made 9 shall be notified to attend any hearingil public or private, before the Commission or the AntiDiscrimination Division and he shall fail to attend such hearingil the Commission or the Anti- Discrimination Division 51 as the case may be1 may proceed to hold such hearing and make a determination in such persons absenceo Section Fiveo (a) Any person claiming to be aggrieved by a discriminatory practice prohibited by this Ordinance may make,_ .. $.ign and ·file ·,,··.· with the City of Louisville Human Relations Commission a complaint - 3-- �in writing under oath 1 which shall state the name and address of the public accomodation alleged to have committed the discriminatory practice and which shall s et forth the par ticular s thereof and contain such other information as may be required under rules established by the Commission. Such complaints shall be filed within thirty (30) days aft er the alleged discriminatory practice is committed. Th~ Commission1 if it has reason to believe that any person has engaged in a discriminat~rJ practice prohibited by this Ordinance, may adopt a resolution to that eff ect 1 whi ch resolution shall ·have the legal effect and status of a complaint filed with the Commission on the date s uch resolution is adopted. (b) Upon receipt of a complaint 1 the staff of the Commis sion shall promptly conduct a preliminary investigation. Upon the completion of such investigation 9 the complaint together with the results of the investigation sha ll be referred to the AntiDiscrimination Division. If the Anti-Dis_crimination Division determines from such investigation that a discrilninatory practice has been committed 9 that Division sha ll attempt an adjustment by means of conference and negotiations. A ten (10) day period after the filing of the complaint with the Commis s ion shall be allowed for this purpose. If the Anti-Discrimination Division det ermines that a discriminatory practice has not been committed 9 then it shall enter an order dismissing the complaint and s hall _promptly send copies thereof to the complainant and to the person complained against (hereinafter referred to as the respondent) of its action. The Anti-Discr ~mination Division shall report to the Commission at each of its monthly meetings the disposition of all comp.~ ints referred (c) In case of failure of conference or n~gotiations to obtain compliance with this Ordinance 9 the Anti-Discrimination Division1 no later than twenty (20) days after the complaint has - 4- �been r ef erred to it~ shall (unless the complaint has been dismissed as aforesaid) either certify the entir e case to the Director of I.aw for prosecution 1 or cause to be issued and served in the name of the Commission a written notice~ together with a copy of such complaint j requiring the respondent to answer the charges of such complaint at a hearing before the Anti-Discrimination Division at a time and place to be specified in such noticeo The notice of hearing shall be served upon the respondent no later than twenty (20) days after the complaint has been r eferred to the Anti- Dis crimination Divisio:no The place of such hear ing may be the office of the Commission or another place designated by ito The case in sqpport . of the complaint shall be presented at the hearing by a member of the Depart ment of Law of the City of Louisville who shall be counsel for the City of Louisville Human Relations Commissiono Any endeavors or negotiations for counciliation~ or admission or statement made in connection therewith shall not be received in evidenceo The respondent may file a written aMwer t o the complaint and appear at such hear ing in per son or ~ er wis e 1 with or without couns el~ and submit t estimony and be fully heardo The Anti-Discrimination Division conducting any hear ing may permit reasonable a mendments to any complaint or answer o The t estimony taken at such hearing shall be under oath and be t ranscribed at the request of either party or by direction of the Anti-Discrimination Divisiono Ji~ upon all the evidence~ the Anti- Discrimination Division finds that a respondent has engaged in any discr iminatory practice as defined in Section Three (3)j it shall state in writing its findings of fact and conclusions of law and shall issue and file with the Commission and cause to be s erved on the complainant and the r e~pondent an order requiring such respondent to cease and desist from such discriminatory practice or practices j and/ or requiring such affirmative action as it shall deem necessary to r emedy the violation and to - 5- �prevent its continuation or reoccurrence. If~ upon all the eviqence:, the Anti-Discr i mination Division finds that the respondent has not engaged in any alleged discriminatory practice~ it shall state its findings of fact and conclusions of law and shall similarly is~ue and file an order dismissing the complaint and cause copies thereof .i to be served upon the complainant ~ and the respondent. The Commission may establish rules of procedure to govern~ expedite and effectuate the procedures of Section Five of this Ordinance. d) If either the complain.ant or the respondent is not satisfied with the determination of the Anti- Discrimination Division:, he shall have the right to appea l such determination to the Commission with in ten (10) days after the date of entry of the order of said Division. No member of the Anti=Discrimination Division may participate in determination of an appea l. All decisions of the Commission o~ such appeals shall be by a majority vote. A quorum, for determination of appeals, shall cons ist of six (6) members. On appeal the Commis sion may affirm 9 modify or set aside the AntiDiscri mination Divisionvs ·order or make such other appropriate order as shall effectuat e the purposes of this Ordinanceo (e) In the event that the Anti-Discrimination Division shall have entered an order against the respondent from which no timely appeal is takeny and in those cases where such an order is entered by the Commission after appeal~ the Commission shall, in cases of non- compliance therewith9 certify the entire case to the Director of Law for prosecution. No prosecution shall be brought under th.is Ordinance except upon such ce~cation or upon certification to the Director of Law pursuant to Section Five (c) hereof. After certtfication7 the Director of Law shall prosecute the offender for violation of this Ordinanceo (f) All complaint.s 9 a nswers~ investigations, conferences and hearings held under and pursuant to this Ordinance shall - 6= �be held confidential by the Commission~ the Anti=Discr imination Division and their agents and employeeso The Commission or the Anti-Discrimination ,,f Division at the request of the,. .,complainant 9 or the r espondent 9 or on its own initiative 9 shall declare the hear ing provided for under Section Five (c) this ordi~ance to be a closed hearingo Ji no r equest is received from either the complainant or the respondent by the Commission or the AntiDis crimination Division r eque ting a closed hear ing 9 the hear ing provided for under Section Five (c) may be an open and public hearingo Provided9 how:. , ever that the complaint and the t r anscript of any hearing held under Section j) Five (c) of this Ordinance are declared to be public recordso Section Suto Subject to the certtfi cation required by Section Five (e):1 any persons violating any of the provisions of this Or dinance shall be guilty of a misdemeanor and shall be subject to a fine of not mor e than One Hundred Dollar s $1000 00) for ea ch offenseo I Section Seveno Three or more convictions of any person for violation of Section Three of this Ordinance shall9 if the Commission finds (after due notice and an opportunity to be heard) that the respondent is a continual offender ~ be deemed to constitute a public nuisance and a contumacious inter fer ence with the spir it and purpose of this Or dinanceo In the event of such occurrence 9 the Commission shall be empowered to refer _. the matt er to the Director of Law who shall ther eupon apply for appropriate injunctive reliefo Section Eighto In computing ti ire or periods of time 9 in this Ordinance 9 Sundays and legal holidays shall be excludedo Section Nineo All notices requir ed to be s ent to the comp],ainant, · respondent or any persons by any provision of thi.s Ordinance shall be sent by,_certifi ed United States Mail with a r eturn r eceipt requestedo �CITY OF ATLANTA .J . Date Area A ction Schools Court 01·der Department & variety stores lunch counters voluntary action 1/ 62 City Facilities voluntary (city officials) 5/62 Downtown and arts theatres voluntary* ff- 5/63 Negro firemen hired voluntary (city officials) Cr 6/63 Swimming pools court order - voluntary decision to open pools c . I)~ flE' 9/ 61 - A -7- rl' BJ) ,+ r+ 10/ 61 £"1i,)1 ~1<EB fiff .. () n V

(city official ) 6/63 18 leading hotels voluntary 6/63 approx. 33 le ding i-estaurant voluntary lle/1 I Jid'/fJ. ~ In ach instance voluntary action consisted of coop rative action betw en operators of affected busine N gro 1 ad rship. e and r pon ibl �Section Teno If any of the provisions of this Ordinance or portions thereof or the application of such provisions or portions to any person or circumstance shall be held invalid 1 the remainder of this Ordinance and its application to persons or circumstances other than those to which it is held invalid shall not be affected thereby. Section Eleveno This Ordinance shall become effective 120 days after the dat e of the passage thereof 1 and a,pprovat Is/ Jack Sherman (Acting COBoAo APPROVED~ 5/1 5/63 Is/ Kenneth Ao Schmied, / s/ p . B. A, William O. Cowger 1 MAYOR �520 P i n e Goleta , Ca lif July 16, 1 963 Ivan Al len, fa y o r City of Atl anta , Ge orgia Ho no r able Sir : In t h e city of Atlanta , live descendants of t h e Ifuguenots I , too , am d e s c-e nd ed from .. And aft er reading t h e e n closed sto r y by cle-arwr iting Cathe ri n e Ma c k in I ' m glad t h ey we n t to Atlanta ! Throu~h tut t h e est, and I assum e t h ro ughou t t h e Unit e d States ~ ne ws p-ape rs c a rry front pag e s -tories n early every da y about t h e Sout h ' s racr~ i n ci den ts. In t h e gro ce ries~ i n t e l aundr oma ts , i n t h e a ters , on ve h icles of ub lic tr ansportation , wh erever c asua l co nversat io n s occur - r a c e p roble ms are dis c us sed . 0-- I wa s born and live d until I wa s 9,. in a v ery segr ~te d ,, very lo ya lly S o uthern , Texas to wn . Th en we moved to Seattle - a t a ti me wh e n very few So uth erners ev e r left t h e So uth , i n 1915, just be fore orld ~ r I ~ Here I was c a ta pu lted into a melting - p ot t yp e s c ho ol~ The teac:hllr t augh t Ci v il Wa r History rral l wrong," and inward ly I r ag e d .. She t h o ugh t I p ronou n ced " p ou nd s when we studied a rit hmetic, all wro ng , and kept me in du ring t h e lunc h hour to le arn to p ronounce o ur l ang u ag e ri gh t." I cried and k e p t protesting I was p ronou n c ing it right .. My fam ily was i ndignant a t h er intoleran c e ~ a c hild ' s· Southern accent but in time, of course , she s u ccee d e d in ob liter at i ng it. ITy happ ier means , my fe eli ng that only those s-kin the color o f mi n e , ha ir wit h t h e d e g ree best " people . There wer e Chinese, J apanese, Negro , Canadian ,, Italian and F re n c h c hildren with e y es sha p e d l!_ike mine,, of curl of mine,, wer e 111 the Russian Jew , German Je w , i n my room. I le arned with awe, that the very short-sighted little Chinese gir l and her e qual ly short-sighted lit tl e ye llow b IJ-othe r,, struggling with English ,, wer~ t h e best students in the room . I learned that the Jewish youngsters went not only to our school, but a t 4, to one c ondu cted by the rabbi, and Saturdays,, for piano a n d violin lessons - and I saw no signs they were "less than me" in anything they accomplished •. They were ttbetter l " And the Negro c hildren awed us with songs t hey knew from a slave· grandm,ot 1er - songs sung throatily in mel odious voices. They got along as well in sc ho ol as I did 9 and I ~ ~ ~ ~ r o moted twice in Texas . Wh en race problems occur~ t a y ,, or I hear them discussed ,. I think how the Negro c h ildren sympathized wh en I skinned my knee - and tore up a handkerchief to bandage it~ When fought Japan, and hated" the Japanese~ I re c alled truth and loyalty - not treachery - from my days with Ja p anese playmates . When I attended University of Wash in g ton, I attended a Sociology course "Race Problems" with students from all over the world - and earnestly we explored ou.:r likenesses - as wel l as the differences environment proclucea, �2'- 2 - 2 The le a rned, worl d- tr a veled p rofessor,, R .,D .. Mc Kenzie ,. no w dead, p r e·di c·ted even t h en ( 1 927) eve ntua l ar with Japan - be c aus e , he sa i d ,. " t h e Uni t ed States· re pudia ted the "Gentle men ' s Agreement ' wh ile t h e Ja pan ese · were a ssi du ously keep i ng t h eir side of t h e b a r ga in - and Ja panese. ' fa c e ' will never recover wit hou t return i ng t h e blow~'n ().A? ffe p're d i c ted tro ub l e a he ad in the United St at es , e groe s slowly i mp roved fr om t h eir state of servitud e;- be c am e able to le arn o f free dom ,, e qu ality and d e mocr a c y - for whi tes but not for them . In t wo World Wa rs , Negroes le a rned abroad of an e qua lity of tre a t ment t h ey had not known at h ome . They le a r n ed Ameri c a loves their music, and t h eir strength in athleti c pu rs u its . The inevitab le dem a nd for c ompiete e qua lity of tre a t ment , so upsetting to so many wh ites , our Dr~ e n z·~ ~ o p ro phesied . Iir i's(Jrd to u e a rn any att itude ga i ned in c h il dho o d ,, and Americans toda y . in ever stat e , are b eing ask e d to unlearn more attitudes and to, ad o p t new ones tan ha s ever occurred before . This is tr u e a ll over the wo rl d . Fo hundr eds - nay , t housands , even milli ons , of years, generat ion aft r gene r at io n live d a li ke , thought a li ke ,, p roduced cra ft alike ., Dr ., Adan r.11reganza , speaking of Ca lif ornia Indians , de cl are d that any Indian girl who might want t o c reat n e w designs to weave into h er baskets,, would thoug~t sick~ Basket designs , at tit udes toward neighboring tribes , ways to, deal with the god s , mag ic for inaking the game a·pvea r for the hu-:::Oter - t h es e were· le a rned from tribal me mbe rs, and for untQ]d ages, went unqu e st i oned . To day - Grand f ath ers ar e s c ar cel y done v owi ng man wi l l never penetrat~ oute r spac e ,, when a grands on - aged youngester d oes it., And in our re'lations with ot h er nati on s, c h il dr en either study . and come to re~ p e c~,, cultures of o th ers - or , if at the moment we are having differences with thhee nations - c hildr en le arn a t titudes of suspicion and fear toward them ., Somehow, in Atlanta - fortunately - a ttitudes must have been long agrowing of "live and let live." How wonderful i f more cities can follow Atlanta ' s example. But even more wonderful it wold be i:f cities· can go one step further : " Live , and help live! B'ecause America ' s Negroes. do1 need he lp,, in order to 1 i ve . It isn ' t Christian , it isn ' t neighborly t to become observers,h ere :- to say,"Okay 9 now NBgroes have their freedom .. Let ' s just wait - they ' 11 make a bust o f us i ng it ! " inclined to ward They d~ need friendly guidance : people mml!l.IUl mnm neighborliness or m,ore formally trained inteaching to point out ," VTe do things this way. 111 Heck ,. I didn ' t know why cli pping the grass edging t1e sidewal·~ of my new trailer home was so difficult until a neighbor pointed out I didn ' t have the right tool !/ Uses of language, housekeeping methods , persona l grooming - these things,. some Negroes need to le8rn. Other Negroes or whites need teach them: people · · · · who are white living in farm areas,. are a so " 0 t1t of place" when first the) move to •own.' • More· po ver to you , a yift,; to ~ tlanta ! Very truly yours ~ ~ . ·t ois Hennessy - retired newswri er ' s_: , �.J I STATEMENT by IVA N A L LEN, JR . MAYOR OF ATLANTA, GA. BEFO RE COMMITTEE ON COMMERCE REGARDING s. 1 732 BILL T O ELIMINATE DISCRIMINATION IN PUBLIC ACCOMMODATIONS AFFECT ING INTERSTATE COMMERCE July 2 6, 19 63 �STATEMENT BY IVAN ALLEN, JR. MAYOR OF ATLANTA July 2 6, 19 63 Mr. Chairman and Members of the Senate Commerce Committee: I am honored to appear before your Committee. At the beginning I would like to make it clear that I feel qualified to speak on the subject under discussion which is the elimination. of racial discrimination, on what I have learned from personal experience a nd observation in my home city of Atlanta, Georgia. As perceptive men of wide experience I feel confident that you will a g ree with me tha t this is as serious a basic problem in the North, East and We st as it is in the South. It must b e defined as an all-American problem, which requires an all-American solution based on local thought, local action and local cooperation. The 500, 000 people who live within our city limits consist of 300 , 000 white citizens and slightly more than 200, 000 Negro citizens. That makes the population of Atlanta 60 percent white, 40 percent Negro. That 60 - 40 percentage emphasizes how essential it is for the people of Atlanta, on their local level, to solve the problem of racial discrimination in order to make Atlanta a bette r place in which to live. Elimination of racial descrimination is no far off philosophical the ory to the more than one million people who live in and around Atlanta. The problem is part and parcel of our daily lives. Its solution must be studied and wo rke d out on our homefront. As the mayor of the Southeast ' s large st city, I can say to you out of first hand experi e nce and first hand knowl edge that nowhere does the p roblem of e liminating discrimination between the races strike so closely home as it does to the local elected public official. He is the man who cannot pass the bu ck. From this viewpoint, I speak of the proble m as having b een brought into sharp focus by decis ions of the Supreme Court of the �United States and then generally ignored by the Presidents and Congresses of the United States. Like a foundling baby, this awesome problem has been left on the doorsteps of local governments throughout the nation. Now to take up specifics. You gentlemen invited me to tell you how Atlanta has achieved a considerable measure of comparative success in dealing with racial discrimination. It is true that Atlanta has achieved success in eliminating discrimination in areas where some other cities have failed, but we do not boast of our success. Instead of boasting, we say with the humility of those who believe in reality that we have achieved our measure of success only because we looked facts in the face and accepted the Supreme Court's decisions as inevitable and as the law of our land. Having embraced realism in general, we then set out to solve specific problems by local cooperation between people of good will and good sense representing both races. In attacking the specific problems, we accepted the basic truth that the solutions which we sought to achieve in every instance granted to our Negro citizens rights which white American citizens and businesses previously had reserved to themselves as special privileges. These special privileges long had been propped up by a multitude of local ordinances and statewide laws which had upheld racial segregation in almost every conceivable form. In Atlanta we had plenty of the props of prejudice to contend with when we set out to solve our specific problems of discrimination. In attacking these problems, I want to emphasize that in not one single instance have we retained or enhanced the privileges of segregation. It has been a long, exhausting and often discouraging process and the end is far from being in sight. In the 1950 1 s Atlanta made a significant start with a series of reasonable eliminations of discrimination such as on golf courses and public transportation. We began to become somewhat conditioned for more extensive and definitive action, which has been taking place in the 19 60 1 s. During the past two and a half years, Atlanta has taken the following major steps to eliminate racial discrimination : -2- �1. In September, 1961, we began removing discrimination in public schools in response to a court order. 2. In October, 1961, lunch counters in department and variety stores abolished discrimination by voluntary action. 3. On January 1, 1962 Atlanta city facilities were freed from discrimination by voluntary action of municipal officials. 4 . In March, 1962 downtown and arts theatres, of their own volition, abolished discrimination in seating. 5. On January 1, 1963, the city voluntarily abolished separate employment listings for whites and Negroes. 6. In March, 196 3 the city employed Negro firemen. ago employed Negro policemen . It long 7. In May of 1963 the Atlanta Real Estate Board (white) and the Empire Real Estate Board (Negro) issued a Statement of Purposes, calling for ethical handling of real estate transactions in controversial areas. 8 . In June, 19 63, the city government opened all municipal swimming pools on a desegregated basis. This was voluntary action to comply with a court order. 9. A l s o in June, 1963, 18 hote ls and motels, representing the l e a ding pla ce s of public accommodations in the city, voluntarily removed all segregation for conventions. 10 . Again, in June, 1963 more than 30 of the city's leading res t a u r ants , of their own volition, abolished segregation in their faci lities. You can re adily see that Atlanta's steps have been taken in s ome instance s in compliance with cou r t decisions, and in other inst a n ces t he st e ps have been voluntary prior to any court action. In each i nst a n ce the action has resulted in white citizens relinqu i shin g s pe cial p r iv ileges which they had enjoyed under the practices of raci a l discri mination. E a c h action also has r esulted i n the Negro c itize n being give n rights which all others previously had enjoyed and whi ch he has been denied. As I mentioned at the be ginni ng, Atlanta has a chieved only -3- �a measure of success. I think it would assist you in understanding this if I explained how limited so fa r has been this transition from the old segregate d society of generations past, and also how limited so far has been the participation of the Negro citizens. Significant as is the voluntary elimination of discrimination in our leading restaurants, it affects so far only a small percentage of the hundreds of eating places in our city. And participation b y Negroes so far has been very slight. For example, one of Atlanta ' s topmost restaurants served only 16 out of Atlanta's 200,000 Negro citizens during the first week of freedom from discrimination. The plan fo r e liminating discrimination in hotels as yet takes care only of conv e ntion de legates. Although prominent Negroes have been accepte d as guests in several Atlanta hotels, the Negro citizens, as a whole, seldom appear at Atlanta hotels. Underlying all the emotions of the situation, is the matter of economics. It should be r e membere d that the right to use a facility does not mean that it will b e used or m i sused by any group, especially the group s in the lowe r e conomic status. The statements I h ave givep you cover the actual progress made by Atlanta toward total elimination of discrimination. Now I w ou ld like to submit m y personal reasons why I think Atlanta has r e s olve d s ome of t he se problems while in other cities, s olutions hav e s ee med i mpossib l e and st r ife and conflict have res ulted . As a n illust ration, I would like to desc ribe a rece nt visit of an official de legation fr om a gre a t Easte rn city which has a Negro population of over 60 0 , 000 c onsisting of in e x cess of 20% of its whole population . The m emb e r s of thi s de l egation at first simply did not under stand and would hardly b e liev e t hat t he busin e ss , civic and political intere sts of A tla nta h a d inte ntly c on cerne d themselves with the Ne g r o population. I s t ill do not be lieve tha t they are convinced t hat a ll of our c iv i c bodies b acke d by the publi c interest and sup p orte d by the City Governme nt have da ily conce rne d thems e lves w ith an effort to solve our gravest proble m -- whic h i s re la tions b etween our races . Gentlemen, Atlanta has n ot s wept t his -4- �question under the rug at any point. Step by step - sometimes under Court order - sometimes voluntarily moving ahead of pressures - sometimes adroitly - and many times clumsily - we have tried to find a solution to each specific problem through an agreement between the affected white ownership and the Negro leadership. To do this we have not appointed a huge general bi-racial committee which too often merely becomes a burial place for unsolved problems. By contrast, each time a specific problem has come into focus, we have appointed the people involved to work out the solution . . . Theatre owners to work with the top Negro leaders . . . or hotel owners to work with the top leadership . . . or certain restaurant owners who of their own volition dealt with top Negro leadership. By developing the lines of communication and respectability, we have been able to reach amicable solutions. Atlanta is the world's center of Negro higher education. There are six great Negro universities and colleges located inside our city limits. Because of this, a g reat number of inte lligent, well-educated Negro citizens have chosen to remain in our city. As a result of their education, they have had the ability to develop a prosperous Negro business community. In Atlanta it consists of financial institutions like banks - building and loan associations life insura n ce companie s - chain drug store s - real e state de ale rs. In fa ct, they have deve lope d busine ss organizations, I b e lieve, in almost every line of acknowledged American business. There are also many Negro professional men. Then there is another powerful factor working in the behalf of g ood r aci a l re lations in ou r city. W e have n e ws m e dia , both white a n d Negro, whose leaders str ong ly b e liev e a nd put i nto p ractice t he great truth that responsibility of the press (and by this I mean radio and t e levision as well as the written press) is inseparable from freedom of the press . T h e leade rship of our w r itten, s poken and t e levi se d news m e dia join wit h the business a nd gov ernment leaders hip, both white and Ne g r o, in working to solve our p r oblems . We are f o rtun a t e t hat we hav e one of the wor l d famous editorial spokesmen for reas on a n d moderation on one of our white newspape r s, a long with othe r e dito r s and many r e porte rs who stre ss significance rather tha n s e nsation in the reporting and interp ret a tion of wha t happens in our cit y. - 5- �And we are fortunate in having a strong Negro daily newspaper, The Atlanta Daily World, and a vigorous Negro weekly, The Atlanta Inquirer. The Atlanta Daily World is owned by a prominent Negro family the Scott family - which owns and operates a number of other newspapers. The sturdy voices of the Atlanta Daily World and the Atlanta Inquirer, backed by the support of the educational, business and religious community, reach out to our Negro citizens. They speak to them with factual information upon which they can rely. They express opinions and interpretations in which they can have faith. As I see it, our Negro leadership in Atlanta is responsible and constructive. I am sure that our Negro leadership is as desirous of obtaining additional civic and economic and personal rights as is any American citizen. But by constructive I mean to define Atlanta's Neg.ro leadership as being realistic - as recognizing that it is more important to obtain the rights they seek than it is to stir up demonstrations. So it is to the constructive means by which these rights can be obtained that our Negro leaders constantly address themselves. They are interested in results instead of rhetoric. They reach for lasting goals instead of grabbing for momentary publicity. They are realists, not rabble rousers. Afong with integration they want integrity. I do not believe that any sincere American citizen desires to see the rights of private business restricted by the Federal Government unless such restriction is absolutely necessary for the welfare of the people of this country. On the other hand, following the line of thought of the decisions of the Federal Courts in the past 15 years, I am not convinced that current rulings of the Courts would grant to American business the privilege of discrimination by race in the selection of its customers. Here again we get into the area of what is right and what is b est for the people of this country. If the privilege of selection based on race and color should be granted then would we be giving to business the right to set up a segregated economy? . . . And if so, how fast would this right be utilized by the Nation's people? . . . And how soon would we again be going through the old turmoil of riots , strife, demonstrations, boycotts, picketing? - 6- �Are we going to say that it i s all right for the Ne g ro citizen to go into the bank of Main stre et to deposit his earnings or borrow money, then to go the de partment store t o buy what he needs, to go to the supermarket to purchase food for his family, and so on along Main street until he comes to a restaurant or a hotel -- In all these other business places he is treated just like any other customer - But when he comes to the restaurant or the hotel, are we going to say that it is right and legal for the operators of these businesses, merely as a matter of conve nience, to insist that the Negro's citizenship be changed and that, as a second class citizen, he is to be. refused s e rvice? I submit that it is not right to allow an American's citi zenship to be changed merely as a matter of convenience. If the Cong r e ss should fa il to cla rify the issue at the pre s e nt time, then by inference it would be saying that you could begin dis crimination under the guise of private business. I do not believe that this is what the Supreme Cour t has inte nded with its decisions. I do not believe t hat this is the intent of Congress or the people of this country . I a.in not a la wyer, Se nators . I am not sure I clearly under stand all of the t e stimony inv o lvi n g various a m e ndments to the Constitution a nd the Commerce cla u se which has been given to this Committee . I h a v e a fu ndament a l res pect for the Constitution of the Unite d Sta t es. Under t h is C ons tituti on we h av e a lways b een able to do what is b e st fo r a ll of the pe ople of this country. I b eg of you not to l e t t his issue of discrim ination .drown in legalistic waters. I am firm ly convinced that the Supreme Court ins i s t s tha t the s ame fundam e n t al rights must b e held b y every American c itizen . Atlanta is a case that proves that the proble m of discrimination can be solved to s ome ext e nt . . . and I u se this "some ext ent" cautiously . . . as we certainly have n ot solved all of the problems; but we have met them in a number of areas. This can b e done locally , volunt arily, and by private busine ss itself! On t he other hand, there are hundreds of communities and cit ies, certainly throughout the nation that have n ot ever addressed themse lves to the issue . Whereas, others have flagrantly ignored t he demand, a nd today, stand in a ll defiance to any change. The Congre ss of the Unit e d St a t es i s now confronte d with a grave decision. Sha ll you pass a public accommodation b ill that - 7- �forces this issue? Or, shall you create another round of disputes over segregation by refusing to pass such legislation? Surely, the Congress realizes that after having failed to take any definite action on this subject in the last ten years, to fail to pass this bill would amount to an endorsement of private business setting up an entirely new status of discrimination throughout the nation. Cities like Atlanta might slip backwards. Hotels and restaurants that have already taken this issue upon themselves and opened their doors might find it convenient to go back to the old status. Failure by Congress to take definite action at this time is by inference an endorsement of the right of private business to practice racial discrimination and, in my opinion, would start the same old round of squabbles and demonstrations that we have had in the past. Gentlemen, if I had y our problem armed with the local experience I have had, I would pass a public accommodation bill. Such -a bill, however, should provide an opportunity for each local government first to meet this problem and attempt to solve it on a local, voluntary basis, with each business making its own decis ion . I realize that it is quite easy to ask you to give an opportunity to each businessman in each city to make his decision and to accomplish such an objective . . . but it is extremely difficult to l egislate such a problem. What I am trying to say is that the pupil placement plan, which has been widely used in the South, provided a time table approved by the Federal c ourts which h elped in getting over troubled water of elimination of discrimination in public schools. It seems to me that cities working with private business institutions could now move into the same area and that the federal government l egislat ion should be based on the idea that those businesses have a reasonable time to accomplish such an act. I think a public accommodation law now should stand only as the last resort to assure that discrimination is eliminated, but that such a law would grant a reasonable time for cities and businesses to carry out this function before federal intervention. It might even be necessary that the time factor be made more l enient in favor of smaller cities and communities, for we all know that large metropolitan areas have the capability of adjusting to changes more r apidly than smaller communities. -8- �Perhaps this, too, should be given consideration in your legislation. But the point I want to emphasize again is that now is the time for legislative action. We cannot dodge the issue. We cannot look back over our shoulders or turn the clock back to the 1860's. We must take action now to assure a greater future for our citizens and our country. A hundred years ago the abolishment of slavery won the United States the acclaim of the whole world when it made every American free in theory. Now the elimination of segregation, which is slavery's stepchild, is a challenge to all of us to make every American free in fact as well as in theory - and again to establish our nation as the true champion of the free world. Mr. Chairman and members of the Committee, I want to thank you for the opportunity of telling you about Atlanta's efforts to provide equality of citizenship to all within its borders. - 9- �