Box 17, Folder 14, Complete Folder

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Box 17, Folder 14, Complete Folder

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'
CIVIL
RIGHTS
AND
LEGAL
WRONGS
A critical commentary upon the President's pending "Civil Rights"
Bill of 1963, prepared and distributed by the Virginia Commission
on Constitutional Government.







*******












�*************
CIVIL
RIGHTS
AND
LEGAL
WRONGS
From the moment the President's omnibus
Civil Rights Bill was introduced in June,
the entire resources of the F ederal Government
have b een thrown behind its support.
As a consequence, many Americans
have heard only a case for the bill.
This commentary is an attempt to present
the other side.
VIRGIN IA COMMISSION O
CONSTITUTIO AL GOVER MENT
Travelers Buildi.ng, Richmond, Virginia
�CIVIL RIGHTS AND LEGAL WRONGS
T he logic is said to go something like this: All decent Americans should support good th ings. All decent Americans should oppose bad things. Racial discrimination is a bad thing. Bills to prohibit
racial discr-i mination are good things. The President's pending Civil
Rights Bill is intended to prohibit racial discrimination. Therefore,
his bill is a good th in g, and all decent Americans should support it.
If this were all there were to it-i f the problem were as simple
as A plus B, and therefore C-noth ing could be gained by further
discussion of the Presiden t's proposal. All decent Americans would
be of one mind.
But the problems that have produced this bill are not easy problems, and the bill is not a simple bill. O ne of the great distinctions of
the American system is that we try always to distinguish between
the means and the end- between the goal itself, and the wa y in
,vhich a goal is reached. Such careful distinctions need to be made
in this case.
We bel ie-ye th is bill is a very bad bill. In our vie'-'v, the mean s
here proposed are th e wrong means. T he weapons the President
woul d con trive against race prejudice are the wrong weapons. In
the name of achieving certain "rights" for one group of citizens, this
bill would impose some fa teful compu lsions on another group of
citizens. The bill may be well-inten tioned-we question no man's
motivation in supporting it- but good intentions are not enough. In
th is area, we need good la"· An d the President's bill, in our view, is
plain bad law.
That is perhaps the least that could be sa id of it. In our judgment, this bill violates the Constitution in half a dozen differen t
ways:
It would tend to destroy the States' control of their own voting
requirements.
It would stretch the Commerce C lause beyond recognition .
It wrongly would invoke the 14th Amendment.
It would undermine the most prec ious rights of property.
I
�It would raise grave questions of a citizen's right to jury trial.
The bill would open new doors to the forces of government
regimentation.
And in the end, because of the violence that would be done to
fundamental law, Americans of every race would suffer equal harm.
The emotionalism of this turbulent summer is largely responsible for the serious attention now given the bill and for the eminent
voices raised in its behalf. In a calmer climate, the bill's defects
would be readily apparent. But this is not a calm time; it is a passionate time, and dispassionate thought comes hard. What is here
proposed, in this brief pamphlet, is simply that we sit down and
reason together. Those of us who strongly oppose the bill believe our
position is sound. We should like to explain this position to you.
THE BILL ITSELF
Mr. Kennedy's omnibus Civil Rights Bill of 1963 (S. 1731 ) is
divided into seven major titles. Briefly:
• Title I relates to "voting rights." It would place ela~rate
new controls upon the States' constitutional authonty to
fix the qualifications of voters.
• Title II relates to "public accommodations." It ~,ould co~pel the owner of almost every business establishment m
the United States to serve all persons regardless of race.
• Title III, relating to the "desegregation of public education," would vest sweeping new powers in the U. S. Commissioner of Education and the Attorney General to deal
with "racial imbalance" in schools throughout the country.
• Title IV would set up a new Federal agency, the "Community Relations Service."
• T itle V would continue the Commission on Civil Rights
until 1967, and endow it with broad new authority.
• Title VI amends all statutes providin 0o financial •assistance
b)' the United States bv
orant ' contract, loans, msurance,
, b
2
�guaranty, or otherwise. It would permit such assistance to
be suspended upon a finding of racial or religious discrimin ation.
• Title VU authorizes the President to create a "Commission
on Equal Employment Opportunity," possessed of "such
povvers as may be conferred upon it by the President" to
prevent discrimination under contracts in programs or activities receiving direct or indirect fin ancial assistance from
the United States government.
This is what the bill is all about. At first glance, p erh aps, man y
persons may see n othing \Hong in the several p roposals. In this
emotion al hou r, one is tempted to leap from a sincere conviction
that discrimination is wrong, to a fa lse conclusion that a Federal
law is the proper way to prevent it. \ Ale do not believe th e intensely
person al problems of racial feeling ca n be solved by a ny Federal law ;
the roots go deeper than Congress can reach. In an y event, we believe that whatever might be ga ined by this particular Fede ral lavv,
if an ything, the positive harm tha t would be done to constitutional
government would far outweigh the hypothetical good .
TITLE I-VOTING RIGHTS
In the United States, beyond :;ill question, the right to vote is
just that-a right to vote. For most Americans, p robabl y the ancient
right of property ranks l-irst in their dail y lives; it is the oldest right
of all. But as political beings, they view the right to vote as basic.
As the Presiden t has said, it is ultimately the -right on which the
security of all other rights depends.
A moment's reflection, however, reminds us that the right to
vote is not an absolute right. C h ild ren cannot vote. L unatics cannot
vote. C ertain con victs cannot vote. Bevond these obvious limitations,
it is evident that persons in Virgin ia ~annot vote for a Senator from
New York. Residents of Alban v cannot vote fo r the ·C ity Council of
Schenectad~,. And the man who moves to Ma nhattan on a Monday
cannot vote for the M ayor on Tuesday. T hese a re elementary considerations, of course, but it does no harm to spell them out .
Wh y is all this so? It is because the right to vote, though it is
described in the 15th Amendment as a right accrui ng to "citizens of
3
�the United States," is in its exercise a right accruing to citizens of
the several separate States. It never should be forgotten that whenever we vote, we vote as citizens of our States. We never vote
nationally. W e are always, at the polls, Virginians, New Yorkers,
Texans, Missourians. As voters, we are never "Americans." The
idea is hard to get accustomed to; but it is so. The Constitution makes
it so.
Three provisions of the Constitution merit attention . First, the
I 5th Amendment. It is very short:
The right of citizens of the United States to vote shall not
be denied or abridged by the United States or by any State
on account of 'race , color, or previous condition of servitude.
[Emphasis added} .
The Congress shall have power to enforce this article by appropriate legislation.
The briefest perusal of M r. Kennedy's pending Civil Rights
Bill will disclose that some of its most important provisions are not
related to the denial or abridgment ,of the right to vote "on account
of race, color, or previous condition of servitude." T he 15th Amendment is not relied upon at all . If the bill were based clearly upon the
Fifteenth, the position of th e Virginia Commission would be wholly
different. W e might obj ect that a bill along these lines were u nwise,
or unwarranted; but we would not oppose it as unconstitutional. N o.
In its provisions relating to a standard literacy test, and in other
provisions, the administration's bill has nothing to do with State
deprivals in the area of "race, color, or previous condition of servitude." This bill applies to all citizens, everywhere.
Therefo re, other provisions of the Constitution come into play.
The first of these provisions appears in the second paragraph of
Article I. It tells us who sh all be qualified to vote in what often are
termed Federal elections-that is, who shall be qualified to vote for
members of the Congress. It reads :
The H ouse of Representatives shall be composed of members chosen every second year by the people of the several
States, and the electors in each State shall have the qualifocations requisite for electors of the m ost numeroiis branch of
the State legislature. [Emphasis supplied}.
4
�v1s10ns quoted. The bill would prohibit the use by any State of a
literacy test unless such tests met Federal requirements-unless the
tests were "wholly in writing" and unless a copy of such test were
furni shed th e individu al registrant "within 25 days of the submission
of his vvritten request. " Beyond this, the bill would provide that
State literacy tests were of no consequence anyhow: Any person who
had completed the sixth grade in a public school or an accredited
private school would arbitrarily be deemed to possess "sufficient literacy, comprehension , and intelligence to vote in any Federal election ."
W e take no position here on the merits of th ese proposals as
such. They are as may be. Our contention is th at such proposals
plainly deal with the qu alifications of electors in the several States.
These proposals have nothing whatever to do with the "times, places,
and manner of holdin g elections." In our view, they are simply beyond the authority of the Congress to enact. They pl ainly encroach
upon the power of each State to fix "qualifications requisite for
electors of the most numerous branch of the State legislature."
The President's bill continues with a provision aimed at certain
of the Southern States, in which- in a scattering of counties- fewe r
than 15 percent of the adult Negroes have registered to vote. The
Virginia C ommission would make its own position clear : We h ave
no patience with conspi racie~ or chica nery or acts of in timidation
intended to deny genuinely quali fied Negroes th e right to vote. We
have no patience with acts of bland partisanship that may give the
vote to certain white persons and prohibit the vote to Negroes of
equal stature. W herever such acts have occurred, they are to be
emph atically condemned. We do say this: T here is abunda nt law
on the books-there was abundant law on the books even prior to
enactment of the C ivil Rights Acts of 1957 and 1960-to prohibit
and to punish such willful acts by local registrars. All that is required is th at the existing laws be enforced . If the Congress somehow is persuaded th at still further law is required to enforce the
15th Amendment, the Virginia Commission will raise no constitutional
objection . In the area of "race, color, or previous condition of servitude," the Amendment pl ainl y vests in Congress the power to
adopt appropriate legislation .
We come back to the larger point. T he key provisions of Title
I, as a whole, have nothing to do with "race, color, or previous condition of servitude." T hese prov isions assert, on the part of the
6
�There are two other such provisions, but it is needless to quote
them. The second proviso impales the smallest hotdog stand upon
the transportation of its mustard. There is not a neighborhood soda
fountain in American , not a dress shop, not a hat shop, not a beauty
parlor, not a single place or establishment beyond the tiniest roadside
stand of which it may be said that a substantial portion of its goods,
held out for sale or use, has not moved in interstate commerce.
We would urge thoughtful Americans, wherever they may live,
whatever their views may be on questions of race relations, to ponder
the twisted construction here placed upon the Commerce Clause.
When the Congress first began to regulate ·'commerce among the
several States," the object was to regulate the carriers i~ which the
goods were hauled. In time, a second area of regulation developed, as
the nature of the goods themselves came into the congressional povver.
Then a third area developed, as Congress sought to regulate the
conditions under which the goods themselves were manufac tured.
In this bill, a fourth area is opened up. It is as wide as the
world. Here the Congress proposes to impose a requirement to serve.
Heretofore, such a requirement has been imposed solely in the area
of public service corporations-the telephone companies, electric
power companies, gas and water companies-the companies that operate as regulated public utilities. Now the restricted class of public
service corporations is to be svvept aside. H ere Clancy's Grill and
Mrs. Murph y's Hat Shoppe are equated with AT&T. The n eighborhood drug store is treated as the gas company : It niust serve. v\lithin
the realm of Section 202, the owner has no option ,, no right of
choice. Yes, he may reject drunks, rowdies, deadbeats. But his right
to discriminate by reason of race or religion- or any other related
personal reason-is denied him under the pain of Federal injunction
and the threat of prison sentence for contempt of court.
At this point in our argument the Virginia Commission would
beg the closest atten tion: We do not propose to defend racial discrimination. We do defend, with all the power at our command, the
citizen's right to discriminate. However shocking the proposition may
sound at first impression, we submit that under one name or another,
this is what the Constitution, in part at least, is all abou t. This
right is vital to the American systel'n. If this be destroyed, the vvhole
basis of individual liberty is destroyed. T he American system does
not rest upon some "right to be right," as some legislative majority
11
�may defin e \.vhat is "right." It rests solidly upon the individual's right
to be wrong-upon his right in his personal life to be capricious, arbitrary, prejudiced, biased, opinionated, unreasonable-upon his right
to act as a free man in a free society.
W e plead your indulgence. Wheth er this right be called the
right of free choice, or th e right of free association, or the right to be
let alone, or the right of a free market place, this right is essential. Its
spirit permeates th e Constitution . Its exercise colors our entire life.
When a man buys union-made produ cts, for that reason alone, as opposed to non-union products, he discriminates. W hen a Virginian bu ys
cigarettes made in Vi rginia, for that reason alone, as opposed to cigarettes made in Kentucky or N orth Ca rolina, he discriminates. W hen
a housewife bu ys a na-tionall y advertised lipstick , for that reaso~
alone, as opposed to an unknown brand, she discrimin ates. \ iVhen her
husband bu ys an American automobile, for that reason alone, as
opposed to a European automobile, he discriminates. Every one of
these acts of "discrimination" imposes some burden upon interstate
co111.merce.
T he exa mpl es could be endl essly multiplied. Every reader of
this discussion will think up his own examples fro m the oranges of
Florida to the potatoes of Idaho. And the right to discriminate obviously does not end with questions of commerce. T he man who
blindly votes a stra ight D emocra tic ticket, or a straight Republican
ticket, is engaged in discrimin ation . H e is not concerned with the
color of an opponent's skin ; he is concerned with the color of
his party. Merit has nothing to do with it. T he man who
habitu all y bu ys the Times instead of the H erald Tribune, or Life
in stead of Look, or listens to M r. Bern stein instead of to Mr. Presley,
is engaged in discrimination. W ithout pausing to chop logic, he is
bringin g to bear th e accumulated experience.:_the prejudice, if you
please-of a lifetime. Some non-union goods may be better than some
union goods; some Democra ts may be better than some Republicans;
some issues of Loole may be better than some issues of Life. None of
this matters. In a free society, these choices-these acts of prejudice,
or discrimination , or arbit ra ry judgment- u niversally have been rega rded as a man's right to make on h is own .
T he vice of Mr. Kennedv's Ti tl e II is that it tends to destroy
this concept by crea tin g a pattern for Federal intervention. For the
firs t time, outside the fu ll y accepted area of public utilities, this bill
undertakes to lay down a compul sion to sell.
12
�W e raise the point : If there can constitutionally be a compulsion to sell, vvh y cannot there be, with equal justification, a compulsion to bu y? In theory, the bill is concerned with "burdens on and
obstructions to" commerce. In theory, the owner of the neighborhood restaura nt imposes an intolerable burden upon interstate commerce if he refuses to serve a white or N egro customer, as the case
may be. But let u s suppose that by obeying some injunction to serve
a Negro pa tron , the proprietor of Clancy's Grill thereby loses the
trade of ten white patrons. In the South, such a consequence is entirel y likely; it has been demonstra ted in th e case of South ern movie
houses. Ca n it be said th at the refusal of the ten whites imposes no
burden on intersta te commerce? Plainly, these ten intransigent
customers, u nder the theory of this bill, have imposed ten times
as great a burden on commerce among the several States. Shall they,
then , be compelled to return to C lancy's for their meals? Where .
does this line of reasoning lead us?
How would all this be enfo rced? Under Title II , the Attorney G enera l woul d be req uired to in vestiga te complaints of denial
of service. Persistent acts of discrimi nation would be prohibited by
Federal inj unction s, obtained in the name of the United States. Any
person who attempted to interfere with Clancy's decision would be
subject to individu al injunction. And at the end of every such proceeding lies the th rea t of fin e or imprisonment fo r contempt of court.
There would be no jury trials.
This has been a very abbreviated summary of the "public accommodations" fea tu res of the Presiden t's bill. A definiti ve analysis
could be much extended. Not only is the Commerce C lause di storted
beyond recognition, th e provisions of the Fourteenth Amendment
also are warped to cover individual action as opposed to State action.
O ur hypothetical C lancy could not call upon the police to eject an ,
unwan ted customer, trespassin g upon his booths an d tables. Reliance
upan local police to en force old laws of trespass, under this bill , would
be regarded as an exercise of "State action." C lancy has become th e
State. Like Louis of old , he too may say, "L'etat, c'est moi."
TITLE III-DESEGREGATION OF
PUBLIC EDUCATION
Titl e III of the P resident's bill goes far beyond all decisions of
the Supreme Court in the field of school desegregation , for it im-
13
�r
plicitly couples the formal desegregation of public schools in the
South with the elimination of racial imbalance" in schools throughout the land . Th e bill proposes to achieve these aim s by vesting
broad new po,vers in th e Commissioner of Education and the Attorney General. Even private schools, if th eir pupils received tuition
grants from a governmental source, would be brought into line.
The opening prov isions of Title III authorize the C ommissioner,
upon application from local school offici als, to engage in a wide variety of programs of advice, technical assistance, grants, loans, contracts,
and training institutes. The Commissioner would con trol the
amounts, terms, and conditions of such grants. They would be paid
on the terms he prescribed. H e alone would fi x all "rules and
regul ations" for carrying out these programs to promote desegregation
and to relieve "racial imbalance."
Presumabl y, the authority of Congress to promote th is bu sywork
for the Commissioner is to be found in the fifth section of th e 14th
Amendment. This is the section th at empowers Congress to adopt
"appropriate legislation" in support of the Equal Protection Clause.
If th e Equ al Protection C lause trul y vvere intended to p rohibit a
State from maintainin g raciall y separa te public schools, such legislation perhaps would be "appropriate." The history of public education in th e United States, in the yea rs immediately following the
purported ra tification of the 14th Amendment in 1868, utterly denies
an y such intent ion. To this day, no law of the United States requi res desegrega tion . T hese programs of the Commissioner of Education are cart before horse; th ey are th e sort of programs that would
implement a law if th ere were a lavv; but there is no law. There is
the Supreme Court's opin ion of 1954 in Brown v . Board of Education,
and there are oth er high court opinions emana ting from it, bu t impressive and historic as these decisions may be, they are still no more
than judgments bindin g named defendan ts in particu lar lawsuits.
It should be emph asized, aga in , th at th ese decisions have nothin g to do with "racial imbalance" in public schools. T hey are limited
to judgments req uiring th at the States shall not den y to any person
on account
of race th e rioht
to attend an v. school it maintains. The
.
0
shi ftin 0o of studen ts from school to school in order to "remove . racial
imbalance," w ith or wi thou t Federa l aid and regulation, 1s not
w ithin th e ambit of the deseo0 reoa
tion decisions. U nder th is gross
0
distortion of the I 4th Amendment , school children th roughout the
country w~uld become pawns in a game of power politics.
14
�It seems to us desirable to keep this distinction in mind , bet,,, ,een
laws en acted by the C ongress, and judgments imposed by the court.
T he C onstitution is the supreme lavv of the land, but when the
court acts in a suit arising under the Con stitution it acts judicially,
not legislatively. If local school boards throughout th e South are to
be prohibited by law from maintaining separate school systems, a law
mu st be passed "pursu ant to the Constitution" to impose such a proh ibition. Until then , an y such grants and loans and trainin g programs as th ese vvould appea r premature. And we would take the
position , in the light of th e history of th e 14th Amendment, that such
a law would n ot be "pu rsu ant to th e C onstitution." It would violate
the plain intention both of those who framed the amendment and
also of the States that ratified it. Such legislation would not be "appropriate" legislation .
Mean while, we do n ot intend to be captious or legalistic . The
Brow n decision h as been treated as if it were indeed legislation. For
good or ill , the desegrega tion of public schools proceeds. Th ese particular p rovisions of T itle Ill are better subject to criticism simpl y as
manifestation s of the burea ucratic Federal sprawl.
M.ore serious, in our view, are the provisions of Titl e Ill th at
would vest elabora te new powers in the Attorney General. Th e effect of these pro visions woul d be to th row the enti re massive weight
of the D epartment of J ustice, with its unlimited resources, into th e
scales of almost an y paren t in search of a free laws uit. The basic
complaint would be th at some local school board "had failed to
achieve desegrega tion ." But as we h ave tr ied to point out, in th e
overwh elming majority of school districts in the South, th ere is now
n o legal requirement that local school boards even attempt to
achieve desegregation. Before there ca n be a fa ilure of a dut y, th e re
mu st firs t be a dut y. These p rovisions of the bill simply ass ume th e
duty, and leap to its fa il ure.
Ou r appreh ension is that the awesome power here proposed, for
a proli fera tion of suits "in the name of the United States," would
create more tu rmoil th an it would settle. T he "orderl y progress of
desegrega tion in publ ic educa tion" would not be enh anced , but impaired, as rese ntments were stirred up that otherwise might be peacefu ll y resolved. And we cannot see _the,. .en d to the burea ucracy ~hat
could be req ui red to prosecu te suits m th e name of the Umted
States," once thi s precedent were set in the sin gle area of school desegregation.
15
�TITLE IV-ESTABLISHMENT OF
COMMUNITY RELATIONS SERVICE
This title \.vould create a new Federal agency, the "C ommunity
Relations Service," headed by a director at $20,000 a year. P resumably, it would ful fi ll some functions not now ful fi lled by the Civil
Rights C ommission, the P resident's Fair Employment Practices C ommittee, th e established churches and va rious civic bodies, the countless racial commissions around the country, and the civ~l rights division of th e D epartment of Justice. The duties of this Service would
be "to prov ide assistance to communities and persons therein in
resolving disputes, disagreements, or difficulties relatin g to discriminatory practices." [Emph asis supplied} .
\ Ve are not inclined to haggle over the amount of time, energy
and money th at might be wasted by one more Federal agency in the
civil rights fi eld. \A.Te do ca ll attention to the italicized lan guage. In
our own view, it simply is not the fun ction of Congress, under anv
provisions of the United States Constitution, to dispa tch Feder;!
agents to countless commu nities in order to resolve racial disagreements among "persons therein."
TITLE V-COMMISSION ON CIVIL RIGHTS
The Virginia Commi ssion on Constitutional Government expresses neith er opposition to nor support of Title V of the President's
bill. This portion of the bill would extend the life of the Commission
on C ivil Rights to N ovember 30, 1967, and would lay down certain
standardized rules for its fu rther hearin gs and investigations.
In our own view, th e Commi ssion on Civil Rights has contributed little or nothin t:,o toward the unravel ino0 of the knottv• tangles of
·race relations in the United States. Its recommendations in the spring
of 1963, proposin g the withd ravval of gra n ts, loans, and even contracts fro m South ern States th at did not meet its own notions of right
condu ct, amounted to an outrageous proposal for denial of the v~ry
equal p rotection s it professes to su pport. We perceive no useful
achievements of thi s Comm ission, bu t we raise no constitutional objections to its con tinu ance.
16
�TITLE VI-NONDISCRIMINATION IN
FEDERALLY ASSISTED PROGRAMS
T itle VI of the P resident's bill is not long. It had perhaps best
be quoted in full:
Sec. 601. Notwith standing an y provisions to the contrarv in
an y law of th e United States providing or authorizin g dire;t or
indirect fi nancial assistance fo r or in connection with any
program or activity by \,vay of grant, contract, loan , insurance,
guara nty, or oth erwise, no such law shall be interpreted as requiring that such fi nancial assistance shall be furni shed in circumstances under which individu als participating in or benefi tting from the program or acti vity are discrimin ated against
on the ground of race, color, rel igion, or national origin or
are denied p3rticipation or benefi ts therein on th e ground of
race, color, religion , or national origin . All contracts made in
con nection with an y such program or activity shall contain
such con ditions as the President may prescribe for the purpose of assuring th at th ere shall be no discrimin ation in employmen t by ar. y contractor or subcontractor on ' the ground
of race, color, religion , or national origin. [Emphasis supplied}.
T he thinly veiled intimidation of T itle VI goes back to a statement made by Attorney General Robert Kennedy in London in
October of 1962. A t th at time, he speculated publicly that a threat
to withdraw federal su bsidies, gra nts, loans, and contracts might be
used as a club over the Southern States. Mr. Kennedy was quick to
point out that such a threat woul d have to be used with great delicacy .
He seemed un sure of its desira bi lity. He did not defend its constitutionality. H e wa s just thinki ng aloud.
· In April of 1963, the Civil R ights Commission evidenced no
such fin esse. T he C ommission recommended Had y to the President
tha t he seek power to suspend or cancel eith er all , or selected parts of,
the Federal fi nancial aid that now Hows to such Sta tes as M ississippi,
"until [su ch States} compl y with th e Constitu tion and la..,vs of th e
United States." It was unclea r precisely how a judicial determination wou ld be reached that entire States had fa iled to com ply with
the Constitution and laws of the United States, but this small question of due process apparentl y troubled the Commission not at all.
17
�Th e question troubl ed Mr. Kennedy. !n his press conference of
Ap ril 17, th e President blinked at this startling proposal and turned
away from it:
I don't have th e power to cut off aid in a general way as vva~
p roposed by the Civil Rights C ommission, and I would think
it would probabl y be unwise to give the President of the
United States that kind of power beca use it could start in one
State and fo r one reason or another might be moved to
another State w hich has not measured up as the P resident
would like to see it measure up in one way or another.
It is a fair question to ask what happened. W hat happened between April 17, when the President voiced these comments at his
press conference, and June 19, when his majority leader . intreduced
his Civil Rights Bill? H ow did a power that was "probabl y umvise"
in April become a power th at was "essential" in June? T he obvious
answer is th at the interim was marked by widespread racial demonstra tions. But 1t is not pl easa nt to conclude that the P resident of the
Un ited States may be coerced , intimidated, or black jacked into
changing his mind so swiftly on a legislative proposal of fatef ul importance. W hat h'lppened?
W e ea rnestl y submit that the pun itive terms of Title VI of this
bill threa ten gross violation of every p rinciple of due process of lavv.
N o provision whatever is made fo r determin ing when individuals
"participating in or benefittin g from" various programs are "discriminated agai nst." The two sentences of this Ti tl e define no terms. T hey
propose no judicial in qui ry. T hey leave hu ndreds of mill ions of dollars in "Federal fu nds," pa id fo r b y all of the people- black, white,
Liberal, C onserva tive-at the uncontrolled discretion of the President
or someone else who may determin e this "discrimination."
These p rograms include aid to dependen t children, aid to the
blind, aid to the permanentl y disa bled. T hey include funds for voca tional educa tion , hospital co nstruction, pu blic housing, the insu,rance of bank deposits. Federal personnel would be au thorized to supervise loans by banks an d building and loa n associations, farm financing of all kinds, govern men t su bsid ies, conservation programs, small
business loa~s an d contracts in an y activity affected by government
loans' in surance ' 0ouara nties ' or bora nts. If a Federa l aoencv
made an
0
·
administrative fi ndin t,o th at discrimination exists, Federal support
18
�could be withdrawn and the institution or program wrecked.
To perm it a P resident-any President-to suspend such programs
on his own unchecked conclusion that certain beneficiaries are "discriminated again st" wou ld violate the whole spirit of uniformity
that pervades th e Constitution . T he supreme law of otir land provides
that "direct taxes shall be apportioned among the several States according to their respective numbers." Duties, imposts and excises
"shall be uniform throughout the United States." There must be a
"uniform rule of n atu ralization" and "unifo rm Ja,.,vs on the subject of
bankru ptcies." Many other provisions attest this same concept of
equal treatmen t among the States.
Only by a fa ntastic distortion of the congressional power under
the 14th and I 5th Amendments could thi s Title VI be justified. Its
effect would be to penalize th e many for the occasion~! unlawful
conduct of the fe w. Its potential application would jeopardize the
very lives and well-bein g of thousands of innocent and law-abiding
persons, including veterans, blind persons, and disabled persons, in
order to bludgeon a h andful of State officials into line with a President's desires.
It seems to us sufficient merel y to quote the language of this
tyrannical Title of the Presiden t's bil l. The language speaks most
eloquently for itself.
TITLE VII- COMMISSION ON EQUAL
EMPLOYME NT OPPORTUNITY
T his fin al substantive section of the bill authorizes the President to establish a "Commission on Equal Employmen t O pportun ity." This permanen t agency of the government would be headed by
the Vice P resident; the Secretary of Labor would serve as vice chairman. There would be up to 15 members in all. An executive vice
chairman would run the opera tion . T he C ommission would be empawered to employ "~u~h ~ther ? ersonnel as may be necessary." Th e
bill defines the comm1ss10n s duties:
It shall be the function of the Commission to prevent discrimination against employees or applicants for employment because of race, color, religion, or na tional origin by Government contractors and sub contractors, and by contractors and
sub contractors participating in programs or acti vities in which
19
�direct or indirect fin / ncial assistance bv the United States
Government is provided by way of gra~t, contract, loan, insurance, guaranty, or otherwise. The Commission shall h ave
such powers to e ffectuate the purposes of this title as may be
conferred upon it by the President. The President may also
confer upon the Commission su ch powers as he deem s appropriate to prevent discrimination on the ground of race, color,
religion , or national origin in Government employment. [Emphasis supplied} .
Again , it seems to us necessary merely to quote the provisions
of the bill in order to make their autocratic nature evident to everv
thoughtful observer. The power here proposed to be conferred upo~
the President is virtually unlimited. N o legislative limitations of an y
sort a1e suggested. The President may confer upon the Commission
"such powers as he deems appropriate." And whether these include
the power to impose criminal sanctions, or to seek civil injunctions,
or to abrogate contracts awarded u nder sealed bid, no man can
say. The Commission's powers would be whatever the President regarded as appropriate; and the defin ition of "government employment" is as wide as the Federal budget itself. T he administration's
bill proposes, in effect, that the Congress abdicate, and turn its legislative powers over to the \ i\lhite H ouse. T he powers here demanded
i.l rc not the powers rightfull y to be exercised by a President in a free
country. T hese are the powers of a despot.
There is a fi nal T itle VIII in the bill, authorizing the appropriation of "such sums as are necess~ ry to carry out the provisions of this
Act." What these sums might amount to, aga in, no man can say.
This is the package Mr. Kennedy has asked of the Congress.
H e has asked it in an emotional hour, under the pressures of demonstrators who h ave taken violentl y to the streets, torch in hand.
W e of the Viroinia
C ommission ask ;vour quiet consideration of
b
the bill. And we ask you to communicate you r wishes to the members
of the C ongress who represent you in the H ouse and Senate.
Richmond,
August, 1963.
20
• I
�Members of the Virginia Commission on
Constitutional Government:
DAVID J. M AYS, Chairman, Richmond, Va.
A ttorney ; Pulitzer Prize w inner for historical biography.
J AMES J. KILPATRICK, JTiu Chairman, Richmond, Va.
E ditor, Th e Richmond News Leader; author.
ALBERTIS s. H ARRISON, JR., Richmond, Va.
Ex-officio member of Commission; Governor, Commonwealth of Virginia.
E. ALMER AMES, JJ!.., Onancock, Va.
Attorney; member Virg inia Senate; Vice-President and
Director, First Nationa l Bank, Onancock, Va.
HALI! COLLINS, Covington, Va.
Attorney; member Virginia Senate.
W. C. (DAN ) DANIEL, Danville, Va.
Business executive; member Virginia House of Delegates;
p ast N ationa l Commander, American Legion.
JOHN A. K . DONOVAN, Fa lls Church, Va.
A ttorney ; member Virginia Senate; General Counsel and
D irector, Security N ational Bank, Fa irfax County, Va.
J. SEGAR GRAVATT, Blackstone, Va.
A ttorney; T rial Justice for Nottoway County, Va.
FREDERICK T . G RAY, Richmond, V a.
Attorney ; fo rmer A ttorney General of Virginia.
B u RR P. HARRISON, W inchester, Va.
Attorney; former m ember of the United States Cong ress.
EDGAR R. LAFFERTY, JR., King W illiam, Va.
Business executive; farmer.
GARNETT S. MOOR!!, Pulaski, Va.
Attorney; member Virginia H ouse of D elegates.
WILLIAM T. Musi!, Richmond, Va.
Dean, T. C. W illiams School of Law, University of
Richmond; author.
W . ROY SMITH, Petersburg, Va.
Business executive; member Virg inia House of Delegates.
w . CARRINGTON
THOMPSON, Chatham, Va.
Attorney; member Virginia House of Delegates.
WILLIAM L. WINSTON, Arlington, Va.
Attorney ; member Virginia House of Delegates.
�,\
\
\
0.-( From May Craig, the Portland Press Herald) M r. P resident, do
you think that M rs. M urphy should
have to take into h er home a lodger
whom she does not want, regardless
of her reason, or would you accept
a change in the civil riohts b ill to
except small boarding houses like
M rs. M urphy?
A.-The question would be, it
seems to me, M rs. Craig, wh ether
Mrs. Murph y h ad a substantial
impact on interstate commerce .
[Laughterl . Than k you .
- T he Press Conference,
Ju ly 17, 1963 .











Additional copies of this commentary may be obtained on request _to _the
V! rginia Com~issi_on on Consti tution al Government, Travelers Bmldmg,
Richmond, V1rgm ia. The Commission is an official agency of t~e Commonwealth of Virginia, created by act of the General Assembly m 19 56.
Up to lO copies no charge; 50 copies $5. 00; 100 copies $9.00; 1,000
copies $75.00.
�I VA-,


.
~w


A l r-,
P(t,:::lT(EilO
5 Co A
A TL AN I A
L. -
10 CENTS
(W )


ter Bias & the Law


uction 30 States, Some Cit ies
for
Bar Discrimination in
Public Accommodations
r for a
t or tne


r;~


1








New York Agency P enalizes
l\{otel for Barring ~ egroes;
St. Louis T avern Is F ined




!':::






~~,a:~Some
overs.la I
e outlook
.ontract.als
ver to next


utting and


cmg list of
lie election
laion of exrenewal of
abroe.d for
ramping of
/y
d i.!ap-
i,rilialive
!nl.1 farm
· high for
continue
hard hit
-ceeed 3.4.
4. million
•. Earlier
er Caribpped the
. . started
l ion tor1l!
the deft·
ier yean .
\3 and_ 2.1
!OW brmg11
t , up from
-year high
to knock
s lness.
ding next
Ord 1 bl!\ites take
each tllls
,e 30 w:111
lest heap
pply laat
in mid·
teat glut
e,,-...1 gtorage
of the
farm storage
n the SOuth·
now: a year
ores o( cit ·
I many ternwill be torn
Bl 60~
fro»i the
ot!llcd 1.3
-om s bi~
1e corry-


~d~

;




a Jasl year
Ins In Callquallly, so
be crushed
Is year la
,bove 1962.
m seedless
up to $(1,
_
_
Lessons for Congress?
By Wll.1,!AM E . B LL'Nl)l:LL
St,:,f! R~por ur of T mc W ALL Srru:n Joun:<AL
States and communities lncreMtngly a re
banning d!acrimlnatlon In such place., tl.ll reslauranll!, U1ea ters. resorts and hoteis. a fact
generally overlooked In the current Con.;-ressional baltle over the " public accommodalions··
section of P resident Kennedy's civil rights bill.
Though opponents of the Administra tion
propoaal a re charging the provision to b:in discrimlnation in public places Is either unenforceable or an Invasion of Individual rights,



o~






h~116:31, 29 December 2017 (EST)~°:~~- 143.215.248.55:




0
~i!:;;sf;~~
In general, Negro leaders are pleased with the
effectiveness ot the state laW3.
' 'There a r e some states where the laws
aren't worth the paper they are printed on,
but on the whole the state statutes are working
out very well," says Robert L. Carter. general
counsel for tlle National Association for tbe
Advancement of Colored People. " We' re de·
lighted at how closely most of the people concemed have been abiding by them."
.\lore City Onliuancu
As might be expected, state Jaws against
discrimina tion in public accommodations are
concentrated in tlle North and West. Not a
single Dixie sta te has adopted .such legislation.
But in some sta.tea which have balked at enacting such Jaws, citi es have adopted measures.
Among them are St. Louis, E l Paso. Wllmlng•
ton a.nd Loulsville. Tulu city officials are
considering an ordinance agains t discrimination In public places soon.
Most .states and cities have set up ela OOrate
enforcement machinery to back up their
statutes, although tlley usually try to settle
disputes by pr ivate negotiation before taking
sterne r measu res. In New York. where anti•
discr imination laws :ire among the m ost
stringent ln the country. the Slate Com mtssion for Human Rii;hUI generally seeks to
persuade a bus inessman who appears guilty
or discrimination to mend his way.a before it
takes forceful action.
For example, not long ago a young Negro
couple from New York City decld,d to take
a brief vacation "It a re110rt motel near Al·
bany. N.Y. They made reservatlona by phone
and drove to the motel. But when they arrived
the owner turned them away.
Incensed, the couple complained to the Human Righb COmmlsslon. Afte r a talk with
commlu ion olf!cla la, the motel owner agreed
to pay the Negroes $ 150 as compenaaUon ror
their troubles. He also was r equired to display
a commission poster stating h!s motel abides
by the New York law banning dlscrlminaUon
ln public places.
U a New York busine11Sman balks , he la


J:1r;7:i~~e: f ~{:;el; 16:31, 29 December 2017 (EST)e~;a : 1::i:s~~-cot~~


right.a group can order It halted and can U.!le
local or state courts to Insure com pliance.
Quiet Settlemcnta In St . Loonh1
Mmt violations are settled quietly away
from any court. "Businessmen gener ally
shrink from a public a iring of their violations,"
says W. J . Duford, an official of the St. Louis
Council on Human Relations. The council h!UI
had to go to court only once since the city
adopted a public accommoda tions ordinance In
1961., In that Instance. the offender - a. tavern
owner who refused to serve Negroes-was
1
1
~ s: f~:s i~ ~ : : s!t~;d ~ ~%u/:u~~h=~ti:143.215.248.55 : :ln~~:


~'.:;11;: MrSl)~u:o: t·serve!"ll suggest that bus inessmen

t back In often prefer public accommodations !egialation


1
/5ea!ifi1~~ : o;~u;o~; ~h!:'f.: 1f: ~~:de~ ~;;'n,':':1se }: :~
In the like de J . Pemberton, Jr., executive director of the
on so far American Civil Liberties Union: "The buslncssl9&2.
m an who's been afra id to stand out by de·
segregating on h!s own can safely 11ay to a dverse public opinion, 'Look, I had lo. It'e lhe
1lning un- law.' "
rcuts the
An am usement par k operator in one Midl concen- western city went i;o far as to pri\'atcly request,
·om the that the local right.a com mission bring him
t0untries . before a public hea ring over his refusal to
Uganda, integrate a .swimming pool at the park. "He
10w aella wasn't adverse to integration, but he didn" t
1 than a want to leave that lmpresi,lon." explains a
1g tools. comm\!!,.'!!on official. A!le r the .show of r esistelectric ance. tlle park operator waii "forced" to bow
to tll(' commi8sion's wi3hes.
Courh1 U11hohl La ws
11 J1ri('e
Though Southern lcg!slato,ra a re atta cking
lhc F ederal b!!l as a n unconstltuUonal Infringe.
ns on mcnt of private property rlghUI, state courts
1rough have upheld public accommodations Jaws. In
For Kansas City, for example, one big r estaurant
dings owner filed a test case attacking the consti•
i7.000 tutiona.lity of the city ordinance banning dis·
diet. crlmlnatlon. but the Mi!<.!IOUr! supreme court
ruled In favor of the city. In gcr,era l. .state
1 to courts have ta ken the view that any curtail•
last ment or property rights resulting from public
t 5 a ccommodations laws Is outweighed by the
tted "publ!c good" Inherent ln anti·bia.11 legislation.
,nly
To be sure, di1crlmlnation in public places
M.S ha.s not been wlped out In states and cltlu
1 of with public a ccommodA.UOns laws. Many bU.!11·
her nessmcn atm resist Jntegratlon, a lthough they
don 't cite r ace as tlle reason for not adm itting
Neg roes. Dick Wlll!a ms, a young Negro mem.





ber of tlle Congreas of Racial Equality In Ch!·
cago, recently entered II South State Street
burlesque house on the heels of two whites In
sport shirt.a. The whites were sealed . but Mr.
lght Williams was told it was now "evening" and
that he would have to have a tie. "Funny how
uit.s, night falls ISO suddenly. Isn't It? I thought ot
ga in getting a tie and coming back, but I just
Clore didn't bother," SA.Y~ Mr . Willlams .
,day
New York has ha d trouble with defiant
5 or ba rbers. One ln Nassau county, a subur ban
than a,rca on Long Island, wanted $5 to cut a. Negro
gal· Jx,y'1 hair : the usual rate for youngsters wu
Jive· 7$ centl . The ,;hop posted a 1tgn saying: ,
Plca8e Tum to Page H, Colwn11 3
�THE
SUPREME COURT
THE
SUPREME LAWBREAKER
Informing the people how
their liberty and property
are being embezzled in
Washington.
by
P. GAMBLE, SR.
Attorney-at-Law-Retired
of
New Orleans Bar
HARRY
�PREFACE
To those who respect Harvard wisdom, listen to
the warning in 1958, of Dr. Mc llwain, a Professor
of the Science of Government:
"Never in recorded history, I believe, has the
individual been in greater danger from government than now; never has law been in
greater jeopardy from arbitrary will; and
never has there been such need that we clearly see the danger and guard aga inst it."
He does not name al l t he sources of this danger;
but those most obvious are:
The President, when he commands Federal troops
to invade States; or, for example, issues " executive
orders" threatening to take bread from the mouths
of thousands of working people, by withdrawing
Federal funds appropriated for local projects, till
his commands are obeyed;
AND the Attorney General, who may and does
pin the badge of a U.S. Marshal's authority on
hundreds of bullyboys, and sends them out to intimidate local authorities to bring them to his
views;
AND bureaucrats who freely issue "directives"
to control the daily lives of thousands of people,
from one to two thousand miles distant from
Washington; people whose local laws and culture
may be very different, even repugnant, to those of
the area of their upbringing;
AND the Supreme Court commanding obedience
to their indefensible decisions, under threat of unlimited deprivation of liberty and p roperty for
noncompliance.
It is true the Professor relies largely on an "able,
honest, learned, and independent judiciary" to
protect us from the aggressors, but adds:
"I am not defending indefensible decisions
of our courts. I would not shield them from
the severest criticism."
It is these lawbreakers and unauthorized lawmakers who are dealt wi th in the follo w ing paper.
New O rleans, Louisiana, July 14th, 1963.
H A RRY
P.
GAMBLE, SR.
O f the New Orle ans Bar
N o te l : Pe rtine nt p rovisi o ns of th e Const itutio n a re fo und
in the a p pend ix.
Note 2: All e mphasis supplied by th e writer.
�l.an :Southerners attord to oe ti nr w 1rn rne1r mane
in
WHO ARE THE LAWBREAKERS
The parrot cry, "Obey the law, " is heard daily
from Washington. Yet the chief lawbreakers are
there; among them, the President, who issues unauthorized "executive orders, " and commands the
Federal army to invade the States.
But the cocks of the roost, are the nine men
on the Supreme Judicial Bench of the United
States. These nine men are uncontrolled. Their
power is supreme, irresistible, and absolute, in
our so-called democracy. Yet in every age in
the long ages of government, it has been demonstrated, in the language of Lord Acton,
often quoted, that:
·
"Power corrupts; absolute power corrupts
absolutely."
There is no authority in our system to check
these nine men; or correct their mistakes, however grievous; or nullify their seizure of unauthorized power; or punish their acts of
tryanny.
From time to time the earlier Judges sitting on
that Bench have recognized their freedom from
control, and asserted that it was not their function
to go beyond "judicial review."
Chief Justice Marshall (1801-1835) briefly defining this Judicial Review said:
"The Court is merely a legal tribunal for the
decision of controversies brought before them
in legal form."
Judicial review means in general, that in cases
appealable to the Supreme Court, it will review the
evidence introduced in the lower court, and weighing the law applicable, will affirm, reverse, or cor rect the judgment there rendered. The law applicable has never been held to mean that the
Court may contrive, forge, or enact a law, which
in its opinion fits the case, but shall render a de. cision on existing law enacted by the lawmaking
power, constitutionally authorized so to do. If the
law applied to the case below, in the opinion of
the Courts is not constitutionally authorized, then it
applies other existing law; still not contriving one
of its own, either by strained interpretation, or
downright enactment. No one has ever contended
otherwise.
-1 -
�A recent announcement of that limitation by
Chief Justice Vinson ( 1946-1953) declares:
" Since we must rest our decisions on the ConstitutiG-n alone, we must set aside predilections
on social pol icy and adhere to the settled
rules which restrict the exercise of our power
to judicial review." (346 J.S. 240 1953)
Judge Harlan, father of the sitting Judge Harlan,
stated the same thing in this language:
"When the American people come to the conclusion that the Judiciary is usurping to itself
the function of the legislative department, and
by judicial construction is declaring what
should be the public policy of the United
States, we will be in trouble. "
In referring to the 14th Amendment, fraudulentl y
adopted in 1868, which has become a bottomless
fish hatchery, from which the Cou rt has hooked
some queer fish, never before suspected of inhabiting those waters, the eminent Judge Holmes (l 9021938) said:
"I cannot believe that the Amendment was intended to give carte blanc to embody our
economic or moral belief in its prohibitions. "
Referring to the rights reserved to the states in
th e 9th and l 0th Am e ndme nts, he re marked
that:
"There is hardly a ny limit but the sky
to invalidating these rights if they
happen to strike the majority of this
Court as for an y reason undesirable."
251 U.S. 580 ( 1930)
And Chi ef Justice Hu g hes ( 1930-194 l) co mmented:
"It is not for the Court to amend the Constitution by judicial decree." This fra nk
spoken jurist once observed, " The Constitu ti on is what the Supreme Court says
it is."
Thi s asse rtion of a subme rg e d t ruth d id not much
shock the careless American peo p le; thoug h d ispleasing to the Co urt.
Judg e Doug las, still sitting, exp loded fu rio usly in
the Ca lifornia-Colorado wate r di vers io n case,
a g a inst th e ma jo rity d e cision, saying :
" This case wi ll be marke d as the baldest at-
-2-
�I
tempt by Judges in modern times to spin
th ei r philosophies in the fabric of the law
in derogation of the will of the legislature."
It will come as a surprise when disclosed that
th is same Judge (one of the law school teachers
ap pointed, maybe a DEAN) in the earlier case of
th e Black School decision of 1954, took a contra ry stand, and agreed to founding the decision
in that case on the mind reading speculations of a
Swe de, Gunar Myrdal, and associates, who
figured that it would make the Negro children
feel bad if they could not sit with white children in public schools.
THEIR OWN WILL THE ONLY RESTRAINT
OF THESE NINE MEN
In reorganizing their absolute freedom from control, the Court has frequently stated, to use the
words of Chief Justice Stone (1925-1946).
"The only check on our exercise of power is
our own sense of self-restraint," Butler case.
In th us admitting their freedom from control,
they declare they are a super-governm ent.
Such a super-government, not elected by the
people, but appointed for life, is not tolerated
by the great democracies of Europ e,-not by
England, nor France, nor Germany, nor Italy.
This fact is unknown to the great mass of the
American people. The continuance of this uncontrollable power in the hands of nine men,
is undeniable proof that a potent segment of
our political leadership does not trust democratic processes; and have somehow contrived
to surround these mere human beings with a
halo of sanctity not merited in the experience
of life, except by saints; a sanctity which endeavors to protect them from criticism, no
matter what.
It is as if assumed and asserted that the appointment by the President of a politically deserving
friend (or to get rid of an opponent), w ill make
that politi cian qualified to sit o n the highest
Tribunal in the Nation .
In more than one instan ce such an appointment
by th e Presiden t has been charged to this mode of
riddin g himself of an active opposition candidate.
- 3-
�President Lincoln appointed Senator Samuel B.
Chase to be Chief Justice in 1864, when Linco ln
was a candidate for re-nomination of the Repub lican Party, and Chase was an avowed candidate
for the same nomination.
It has been printed that a political deal was
made at the 1952 Republican National nominating
convention between Governor Warren, who controlled the 72 votes of California, and Eisenhower
managers-Eisenhower to get the votes for a decisive lead to the nomination, and Warren to be
paid off by appointment to the Supreme Cou rt.
This may or may not be true, but since Warr en
was appointed shortly after Eisenhower assumed
office - with no visible judicial qualifkations for
that high office; low-minded persons could scarcely
be censured for raising their eyebrows.
It may be that a miracle can be performed by
hanging a black cloth on a politic i an, to forthw ith convert him into a Judge; but few would believe such a ceremony preceded by a sordid poli tical deal, is a correct method to procure SUPE RMEN for the Supreme Bench.
It may be accepted as an axiom in government
that once a politician, always a politician. A pol itician cannot escape from a life long practice of proposing to amend and im prove existing law. His
success in politics has been founded on such promise
and performance. That mode of thinki ng has become second nature. And though politicians are
an honorable necessity in a democracy, without whom it could not function, the highest
tribunal in the land is no place for them. School
boys know that it is not the business of Judges to
make laws, or amend laws, but to interpret an d
apply the laws enacted by the lawmaking power
authorized so to do by the Constitution; and then
onl y in cases duly brought before them. Re l yin g
on self-restraint by men exercising uncontrolla ble
power is the ze nith of folly-proven in all ages.
Thomas Jefferson who spent fifty years wi th
public men in public affai rs, expressed his distrust
of judicial restraint in these words:
"The Judicia ry is the instrument which is to
press us at last into one consolidated mass .. . .
If Congress fails to shield th e States fro m dangers so pa lpable and so immin ent, th e States
- 4-
�Can Southerners afford to be ti ht with their mone in
must shield themselves, and meet the invader
foot to foot." (Thomas Jefferson to Archibald
Thweat, 1821)
And:
"The Judiciary of the United States is the
subtle corps of sappers and miners constantly
working underground, undermining the foundation of our constitutional fabric."
This worldly wise man did not mean to imply
that the men who would serve on the Supreme
Bench were dishonest or ·traitors; but simply that
their natural bent would be to make the National
Government of which they were a part, supreme.
In the long history of the Court, not more than one
instance is suspected to have brought the shame of
lack of integrity to the Supreme Bench.
That is not t he charge. The charge is that when
appoint ed they do not know anything about
judicial restraint and ar e not l ikely ever to be
much i mpressed by that limitation . For they are
not appointed on the basis of their judicial training and learning.
That these men not elected by t he people to
reign over t hem, a t ta i n their appointments for
politica l reaso ns, an d not for t hei r judicial qual ifications, is a b und antl y p roven by the fact that it is
rare indeed t o a p point a member of a state
Supreme Cou rt, o r a Judge from the Federal
Judiciary, wh er e men of p r o v en a bi lity and many
years of experience are to be found.
In recent years, i n r espect to t h is "judicial restraint" a new note has been interjected by some
now sitting on th e Bench, Judge Do ugla s among
them; that it is within th e p r o v i nce of judicial
action to do some lawmaking; wh ic h as we shall
see, th ey have boldly done-united wi th its partner, lawbreaking.
This far afield lawmaking and law breaking
in recent years have drawn sharp a nd unusua l
criticism from the official o rgan of A mer ican
lawyers, the American Bar Asso1ciati o n; a nd t_
he
official condemnation of an assembly of Chi ef
Justices of state Supreme Benches.
Judicial seizure of power has grown so intolerable, that an Amendment to the Federal Constitution is now in process of adoption for holding
them in check, and reducing th eir powers of super-
- 5-
�government. This Amendment has alread y b een
adopted by several states.
HOW THESE SUPERM EN BREAK THE LAW
When these nine SUPERMEN do not like a law
enacted by Congress or a State Legislature, th ey
shatter it. All they have to do is to call it unconstitutional . That it is not authorized, or is prohibited, by the Federal Constitution; and since , in
the words of Chief Justice Hughes, the Constitution
is what they say it is, the law is broken, and an y
decision which had before held it to be la w is also
broken, however long that decision may have been
held to be law. In our kind of democracy, there is
no remedy.
Often the law is busted by the vote of one of
the SUPERMEN. Four say ' tis or 'taint const itutional; and four say 'taint or 'tis; then one decides
the question-to make a majority of fi v e to four .
Right here it is easy for the unawed mi nd to become confused with trying to keep up with th e
"now you see it, now you don ' t, " juggling going
on among the SUPERMEN . Fo r in one decision yo u
see that five are truly SUPERMEN, and the ot her
four are bush leaguers; bu t in the next d ecisio n,
the bush leaguers are bac k in t he majo rs, and
some of the former SUPERMEN are ba nishe d to
the minors. These chameleon changes so baffl es
one contemplating this comi ng and going, t hat he
is likely to head for the nut house . O nl y a lizard
in the animal world ca n pa ss throu g h these
changes without loss of p resti ge.
When a citi zen is t old abou t t hese th i ngs, he is
ama zed that a meek Co ngress d o es not perform
even th e minor chec king t hat the Constitutio n does
author ize it to do, if it had a ny spu nk.
The highly intelligen t men wh o have made it to
Cong re ss, you may be sure, a re not f o r a moment
smitten with the preposterous id ea that hang in g a
do zen yards of black clo t h on a p ol itic ian (or a
la w school teache r), a nd g iv ing him a job for life,
w ill convert him in t o a SU PE RMAN. (The State
Jud ges are elected for periods of fro m eight to
twe lve years; and gene ra ll y re-elected, since they
nev er set up as SU PE RM EN .)
Bu t som eho w a potent minority who distrust
t he peop le p re va il s; so we in the great Ame rican democracy have our super-government.
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�A TESTED STATUTE ENACTED BY CONGRESS
OR STATE LEGISLATURE WHEN FOUND
CONSTITUTIONAL IS LAW:
THAT IS, UNTIL BROKEN
It not infrequently happens that an Act of Congress or a state Legislature is charged before the
Courts as being unconstitutional , and therefore,
null . If in its decision the Court of last resort pronounces th is law to be constitutional, then it is the
law. Somewhat carelessly, this decision is itself
sometimes referred to as the law in question.
Then business and government, state and national, may and often do, expend millions, even
billions, on faith thereof. That to the ordinary
mind seems logical. The questioned law is settled.
Let's go. But to th e SUPERMEN , no! Any upcoming
set of SUPERMEN may, and often do, assert that
their predecessors were not the SUPERMEN that
thei r contemp oraries thought. Not at all . That
was a big mistake. They were bush leaguers, or
old fogies who did not know what was what. This
is most extraordinary, since their own claim to
absolu te supremacy is founded on the proposition
that as a body they are SUPERMEN. Their puzzling
refusal to regard each other as SUPERMEN, while
demanding that in a body they be so regarded by
the people, is disclosed by the fact that:
"In the brief span of sixteen years, between 1937 and 1953, this Court has reversed itself not fewer than thirty-two
times on questions of constitutional law."
Kirkpatrick in "The Sovereign States," p.
270. This work is less than 300 pages, by
a distinguished journalist, quite understandable by laymen. Published by Henry
Regnery Co., Chicago.
In every one of these instances, and many more,
befo re and afte r, where their predecessors had
presu ma bly settled the question by declaring that
a d isputed act of Congress or Legislature is constrtutional I and therefore the law, the reversal
broke that law.
In some of th ese instances, that law had been
settled for ma ny years, in the meantime frequ ently
referre d to and a p p roved by subsequent Supreme
Court decisio ns.
A case of reversa l and breaking, occurring since
- 7-
�the above record of thirty-two times in sixteen
years, is one which will presently be brought under inspection. That was a decision of the Supreme
Court of 1896, declaring an act of the Legislature
to be constitutional law. In the interim of nearly
sixty years, Supreme Courts presided over by such
eminent jurists as Chief Justices White, Taft,
Hughes, and Stone, had quoted that decision with
approval. It was the law.
THE SEGREGATION LAW
That law was an act of the Legislature requiring
the separation of the races in passenger transportation. In a case before the Court in 1896, it was
directly charged that this state law violated the
14th Amendment in not granting equal rights to
Negro travellers. It was there decided that if the
accommodations were equal, the separation of the
races was not prohibited by the Amendment. This
established the so-called doctrine of "Separate if
equal; " and through the years up to 1954, hundreds of millions have been expended in separate
schools and other construction, and in educating
Negroes in separate schools. This was the case of
Plessy vs. Ferguson; 163 U.S. 537. In referring to
other contemporary laws requiring separati on of
the races, not only in the South, but in the North,
it was stated in that decision:
"The most common instance of this is the
establishment of schools for white and colored
children, which has been held a valid exercise
of legislative police power even by Courts
where the political rights of the colo red race
have been longest and most earnestly enforced .
It is true that in public education, which had to
be supported by local taxation, the South was fa r
behind the more prosperous North, which had
been enriched by the Civil War, as the South had
been impoverished. Added to the ravages of wa r,
was the ten years of misgovernment and looting
by adventurers from the North-called carpetbaggers because when they arrived in the South
thei r whole worldly possessions we re contained in
a piece of luggage made of material used in ca rpet making. These were maintained in office by
the votes of the recently enfranchised N egroes,
and thousands of Federa l bayon ets i n each South-
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�~ - -Lan Sou.t b.2 _,:o_.9.r.
nfEa.cdJ.o.J:i.,_ti.a..b Lw.i.tb...th.@ i c roooe,v j
ern state. Just as the same self-seeking class of
Northern politicians are doing today, these carpetbaggers, instead of trying to do something of
economic value for the Negroes, who, when they
were freed by their Northern emancipators, were
turn ed out to barren fields, without economic aid
from their touted benefactors-these carpetbaggers used the Negro vote__to maintain themselves
in office, paying off the Negroes with a minimum
of participation in the looting, and a maximum of
sweet talk about sterile " equality. "
Among the Southern people, regrettable as it
must be admitted, there was then, as there is today, a relative few who profited by deserting to
the enemy. These, called scalawags, aided the
carpetbaggers and the Negroes; and, with their
descendants, were ostracized for three generations.
When these carpetbaggers were forced to flee
by the bargain of the Southern Democrat leaders
of Louisiana, Florida, and South Carolina, with the
Republican President Rutherford B. Hayes, withdrawin g the Federal troops they left the Negro
in the lurch.-just as their modern white models
will do when the N orthern white voters turn on
th em for exciting the Negro es to ins urrectio n in
those pa rts.
After the flight of the carpetbaggers, both white
a nd blcick had to endure another forty years of
poverty-though gradually decreasing; until in
1915, the European war, demanding cotton, lumber, and other natural resources of the South, permitted a more ra pid economic move ment upward .
The · Second World War accelerated this movement. In 1961 the Un ited States Cha mber of Commerce published certain conclusions relating to
that development, referring to it as " nothing short
of spectacula r."
Und er thi s improved e conomic p rosperity, the
white s and b la cks o f th e South wer e making impressive advance in rational partnership wh en under N ew York prodding, the SUPERMEN led by
Ea rl Warren, the a st ute politician from Ca lifornia ,
broke the la w of 1896 -separate if equa l. This
ma n, w ith not an hour's traini ng a s a Judge, had
just been appointed b y Presi d ent Eise nhowe r to be
Chief J ustice o ve r the ot her e ig ht who had been
sitting a s Ju d ges for several ye a rs. This appoint-
- 9-
�ment was not so reprehensible as might first appear, since of these eight, seven had been put on
the Bench without any Judicial training. It must be
admitted, in all fairness , that one of them, Judge
Black, still there, had been a Justice of the Peace
down in Alabama.
The case before them in 1954, in which they
broke the old law of separate if equal of 1896,
was where some Negroes in Kansas, Delaware,
South Carolina, and Virginia (t he cases consoli dated) claimed that the segregated Negro schools
of these locations were not equal to the white
schools, and they wanted the advantages of the
white schools for their children. The Court did not
agree that they were not equal, saying:
" The Negro and white schools have bee n
equalized, or are being equalized, with respect to building, curricula, qualifkations and
salaries of teachers, and other 'tangibl e
factors '."
That under the existing law, and its approval by
intervening Supreme Court decisions, should have
ended the case; the Negroes continued in t hei r
equal schools, and the separate if equal doctrine
again affirmed. But the SUPERMEN said "No. "
That did not end the case, they had found something their predecessors, the White, Taft, Hughes,
Stone, Vincent, Court Judges did not know. The
SUPERMEN said that they had re ad in a bo qk by
a fellow by the name of Guna r Myrdal, wh o lived
over in Sweden on the icy Baltic Sea wh e re there
are no Negroes, in which he claimed it would
make the Negro children feel bad if they could
not sit with white children in public schools, though
their own Negro schools migh t be equal to the
white schools. He was cited as " ample autho rity;
an expert, in o t her words. The Cou rt noted the
names of some half dozen othe r book writers,
who penned more o r Iess t he so me sen ti men ts in
their books.
Now something peculiar hap pened in this casesomething unheard of in judicial procedure where
the opinions of persons al le ged to be expe rts a re
introd uce d to aid the Courts. In such cases it is
common for the a lleged " expe rt" to be brought
into Court so that it may be determined by due e xaminati on , and cross-examination by opposing
-10-
�counsel , whether the witness is in fact an expert
whose testimony will be of value to the Court.
Unhappily for all concerned, the Judges as well as
others, this was not done in this case .
What a field day a competent cross-examiner
would have had with this Swede; and incidentally,
protecti ng th e Court from embarrassment in their
subsequen t exaltation of the opinions of the Swede,
an d his Communist tainted associates.
W ha t a joy it would have been to question this
residen t of t he Arctic regions on how he became
acquain ted w ith what it took to make Negroes feel
bad; w hat Negroes d id he consult; was the feeling
on ly mental , or also physical ; what schools of
me d icine d id he graduate from ; or was he a follower of the Austrian Freud, who emphasized sex
in eva lua tin g men tal operations; or the German
Ad ler, w ho stresse d fear more than sex in probing
the mind ; o r had he strayed off w ith the Swiss
Jung, wh o had a cqu ired some twists of his own in
tho ught read in g. He could have been required to
state w heth e r hi s in vestigations related only to
what ma de N e gro e s feel bad, or if he had included th e ye ll o w Chin e se , the brown Malays, and
the red Indians. Es pec ially he could have disclosed
what made white c hildren feel bad, that is if they
were impprtant eno ugh to be included in his roamings; and if by making col o re d childre n fe e l good
by bring ing them into as socia ti on w ith w hite childre n, it migh t make t he white c hil dr en feel bad;
and w hich, if either, was the mo re important, to
co ntin ue th e coloreds in fee ling bad, and the
whites no t, or make the col o reds fee l good at the
expe nse of the wh ites?
Th e e xamina tion would have disclose d wha t we
hope th e J udges w ere ignorant o f, w he n the y accepted th e Swed e, a nd his co mpanion s, as " am ple
auth ority," a s t hey said . These a uth o rs we re rotten
with Co mm uni st associations, some with mo re th a n
a d o ze n Comm u ni sti c fro nt citations. O ne must
wonde r wh e th e r, w hen they approved the Swede
a s " amp le author ity, " they had read that part of
his book d ec lar ing that wha t the Founding Fat hers
di d wh e n th e y confected the Consti tution "was a lmost a plot again st the com mon people ." An instrum e nt of g o v e rnm e nt wh ich non -Comm unist
statesmen have a cclai me d fo r o ne hundred and
- 11-
�seventy-five years. And was he " ample authority"
when he asserted that our Constitution "is impractical and outmoded?"
Having agreed with the Swede that it would
make the Negro children feel bad not to sit with
white children; it was next in order to determine
whether the authors of the 14th Amendment in
1868 had intended by it to turn over to the Federal
Government Public Education in the States. If that
Amendment did not do this then the SUPERMEN
could not seize control of these schools. They concluded, happily for their intent, that from "exhaustive investigation " of the times and what was
then said, the evidence was "inconclusive. " That
opened the way for them to insert in it their own
views of what ought to have been, or might have
been; that is to amend it to suit what they had in
mind-namely, that it did take away from the
States the right to manage their own schools which
they had taxed themselves to support; and turned
over to the SUPERMEN the power to say how they
should be operated.
It is poetic justice that the fraudulent adoption
of that Amendment permits equally fraudulent interpretations-like the one by the SUPERMEN, the
latest and most disastrous-which has resulted in
the bitter interruption of good relations between
the races . That adoption was achieved in an atmosphere of rancour, followed by the very same
kind of deception and betrayal of the Negroes by
the carpetbaggers, as is certain to result from similar conduct of the modern form of carpetbagge ry.
Having now so interpreted the Amendment that
they could use it as a basis for their decisipn to
adopt the Swede 's cozy views to bring the white
and colored children together to make the colo red
children feel better; that they proceeded to do .
The Court 's precise language in ag reeing with -the
Swede is as fol lows:
"To separate Negro children fr om ot hers of
similar age and qualifications solely because
of their race, generates a feeling of in feriority
as to their sta t us in the community that may
affect their hearts and minds in a way unlikel y
to ever be undone .
The Court failed to discuss whether it would
"generate a feeling of inferiori ty" in t he hearts
-12-
�I
Can Southerners afford to be tiaht with their money in
I
and minds of white children, if forced to sit with
Neg ro children. Apparently the Swede had 'no
musing on this point.
The modern mania for equal rights evidently
does not include within its vague crusade, the
wh ite race.
To digress for a moment: Every century or so a
craze unaccountably seizes on the world, as this
egalitarian craze has appeared in our times. In
the 13th century thousands of children were
preached in Europe into a march on Jerusalem to
free the Holy Sepulcher from the infidel Saracens.
These who did not starve or drown before they
reached sea ports, were sold into slavery? The
witch craze of the Middle Ages took the lives of
300,000 men and women in Europe; not forgetting
the seventy-five (75) tortured and executed in Massachusetts in the 1600s. The South Sea and John
Law Investment Bubbles of the 1700s impoverished tens of thousands in France and England.
One which much resembles that of today, was
the St. Vitus Dance mania, in Germany, where
people went prancing about the country in swarms.
Due to the more rapid and far distant communications, the egalitarian mania of today extends
from Washington and New York to Africa; where
th e natives of Angora and Congo "demonstrate"
their claim to equality by perpetrating crimes on
hund reds of white men, women , and children priests and nuns-so bestial as to be beyond any
civilized imaginati on-the women raped before
the eyes o f dying men bleeding to death from
unprintable mutilations-being the mi ldest. Covetous of the riches of Africa, the white nations of
Noto, including our own, hastily sweep these horrors under the rug, and hypocriti cally toady to the
"ambassadors" from that country.
The brand of hypocrisy is the same; whether the
white politi cian is bootlicking for the Negro vote
in America; or the international " statesmen " are
kotowing to African ambassadors-the result will
be th e same-the black man will end up with his
pockets picked by thes e self-seeking fakirs.
Writing of the cr usades, Well s remar ks: " From
the very first Aaming enthusiasm was mixed with
baser elements. "
Return ing to th e integration dec isio n; strangely
- 13-
�enough in this case, and all the others which have
followed in respect to adult Negroes, an admission
is inherent in what the Court said, and accepted
by all who agree with the Court, including the
" demonstrating " Negroes, that the Negro is inferior, and the only hope for his advance is
" forced " close association with whites. Later disclosures of his advancement in a segregated
society, will not support such a contention.
BARRIERS WHICH THE COURT
HAD TO ELUDE
But the Court was confronted wi t h several apparently insurmountable obstacles. How could this
constant association, required to improve the asserted inferiority of the Negro children in this case,
and subsequent adu lt cases; and to make them a ll
feel better; be achieved in the face of the seg regation laws of many states, North and South? The
only answer was for the SUPERMEN to b rea k the
laws requiring segregation. That th e y just haul ed
off and did. They sa id the WHITE, TAFT, HUGHES
AND VINSON COURTS did not know what they
were talking about when they approved the " separate if equal " doctrine. The oldti mers did not
have the benefit of the Swede 's d is covery that it
would make th e Negro childre n fee l bad not to sit
with th e whites; and, too, th ey mig ht not have
been frank and cold enoug h, to say th at the N egro
is inferior, and t hat t he onl y re medy for that is
constant contact w ith th e w hi te. The knoc ko ut
blow came in these precise w o rd s:
" Any language in Pl essy vs. Ferg uson (t he old
decision of 1896) contrary to thi s fin d ing (tha t
is what the y and the Swed e had agreed upon)
is rejecte d."
It may again be re peated t ha t the man who
wrote this opinio n dow ngradi ng the o ld Judges,
had ne ver be fo re his appointment served as a
Judge .
It may be added here t hat the practice of appointing deserving political fr iends has not ceased .
A little while ago t he Preside nt appoi nted Mess rs.
White and Goldberg to fill vaca ncies on t he Court.
In these cases, o ne was t he a ssociate of Bobby Sox,
Atto rne y Ge nera l, w hose ju dgmen t of wha t are
the q ua li fications of a Supreme Judge, may be
measured by the fact that hi s first contact with any
- 14-
�Can Southerne rs afford to be tight w ith their money in
the face of this?
Contributions for the widest possible printing and distribution of this pamphlet throughout the nation to be sent to:
Mr. R. KIRK MOYER, Treasurer
P. 0 . Box 5348, New Orleans 15, La.
Mr. Moyer is an Insurance Executive, and Past President
of the Louisiana Society of the Sons of the American
Revolution.
This pamphlet is published by Harry P. Gamble, Sr.,
Atty-at-Law-Retired-without profit to the author-to
inform the people how their liberty and property are being
embezzled by Washington. Not copyrighted .
•••••••••••••••••••
At a recent meeting held in Los Angeles' Wrigley Field,
Martin Luther King, Jr., collected 35 thousand dollars. This
is to be used to create more racial strife.
Hollywood Stars Donate to King
Sammy Davis, Jr., donated 20 thousand dollars. Later
that evening, a gathering of Beverly Hills citizens responded to an invitation sent out under the signature of
California Governor Edmund Brown, gathered into the
home of film star Burt Lancaster. .Guests of honor were
Martin King and Ralph Abernathy. The guests were given
the usual hearts and flowers sob story, etc. Then they
came to the point. According to King and Abernathy,
they have to have one thousand dollars a day to keep
th ei r organization operating. "Who wants to pay for
one day's operation?"
Actor Paul N ewman and his wife, Joanne Woodward,
wrote out the first check for one thousand dollars.
Singer Polly Bergen with her husband, Freddie Fields,
gave the next check for one thousand dollars.
Anthony Franciosa, who participated in the Wrigley Field
meeti ng, gave another one thousand dollars.
Actor Marlon Brando, gave a check for five thousand
dollars.
Lloyd Bridges, TV actor .gave five hundred and Mrs. Burt
Lancaster the hostess, gave one hundred.
Film stars supporting the Wrigley Field meeting were,
right to left, Joanne Woodward, Paul Newman, Rita
Moreno and mulatto Dorothy Dandrige.
�Judge, and frrst appearance in any Court, was
lately before the Supreme Court in an integration
case-a tremendous leap even for a Kennedy.
If I may interject a personal statement: I come
from a football family, and we all admired the
stardom in that freld of " Whizzer" White. But he,
J no doubt, would readily admit that decking a
husky youngster out in football togs does not make
a football star, anymore than hanging black cloth
on a politician will make a Judge. That the benign
Goldberg had a special ability, too, is admitted.
If these two apply themselves to their Judicial
duties as faithfully as in their preceding specialties,
we may wishfully expect that in time they will attain Judicial stature . In the meantime, they share
the power of the other SUPERMEN.
It is never enough, however, just to say that an
old la w is out of date and haul off and break it.
Correct Judicial procedure requires that somewhere something professed to be superior must be
found to justify the law break ing.
W here better t han in the old reliable 14th
Amendmen t? So these modern Isaac Waltons
baited their hooks w ith the Swedish bait, and went
fishing in those bottomless waters.
W ha t th ey caugh t is the prize frsh story of all
fish sto ri es, su rpassing in th at freld of e xaggeration
a ll oth ers; e xcep t onl y th a t one banishing God
from p ub lic sc hool roo ms.
That part o f the Amendm ent to w hich the right
fish sto ry co uld a p ply reads:
"N o state shall mak e o r e nforce any law which
shall deprive an y p e rson w it hin its jurisdiction
of th e equal prote cti on of t he law."
Since the sc ho ols wer e equ a l in t he instant case,
nobody had been deni e d t he equal protection of
the law on that score. The Sw ed e solve d that obstacle. The se parati o n w oul d make the Negroes
feel bad; but not the whites. So t he " g e ne ration "
of this feeling bad was ad o pte d a s gr a nting the
Federal J udiciary a new area of control in passing
on laws enacted by the a ut ho rize d la wm aking
Powers.
. The Integration frsh had bee n land ed . The next,
it may be expected, given time fo r ne w b re e d s to
hatch-will be the miscegenation shark.
This addition of the state of the feelings of
I
I
1
-15-
�groups of people in considering t he application of
this Amendment, has opened a vast new field, so
vast indeed that the imagination cannot encompass
where it will end.
Crowds of adult Negroes have lately been persuaded that a large number of th e ir relations with
whites, heretofore not suspected, make them fee l
bad-not eating at t he same tables, swimm ing in
the same pools, sitting on the sa me toilets, an d
such-and they are filling the Courts with d emands, and the streets with " demonst rations," t hat
they be made to feel better by intimate associatio n
in these matters-forced by Jud ica l d e crees, and
new law enactments. The inherent admission of
implied inferiority to be cured by t hese inti mate
social and school ties is ignored . Also ignored in
these "demonstrations" is that the right to " assemble and petition fo r a red ress o f g ri e vances " requires that such assemblies be " peaceable." Are
they?
The unexpected catch of this feel bad fish in the
school case met with shouts of joy from t he su rprised New Yorke rs, who from t he first promoted
only suits claiming inequality in su ch "ta ngible"
things as building, curricul a, teache r q ua lifications,
salaries, etc.
Now the objective was quic kly chan ged, a nd the
New Yorkers, mainly an organ iza ti on called the
Association fo r the Advance ment of Colo re d Peop le, th e well- kn o wn NAACP, sent out emissar ies,
at first only to th e South, bu t later to a ll parts of
the country, to te a ch th e N egro e s how to feel bad
about a variety of things b esides no t mixing in
schools. This went e xaspera tingl y sl o w in the begi n ning , for the inn o cent N egro e s did not kno w
that th e y should f ee l b a d about the se th ings. In
fact, they w e re fee lin g pretty good abo ut the advan ce me nt they were making along al l lin es in
Am e rica. An example of their progress is noted
even in bad old Mississip pi . Govern o r Barnett of
that State, quoted in th e Jun e 3 rd iss ue of the U.S.
News a nd World Report, said:
" W e ha ve N e g ro es w ho own t hei r own businesses, q ui te a number of them wealthy businessmen. There are more than 27000 N egro
farmers w ho own title to land valued at appro ximately l 00 million dolla rs. More than
- 16-
�27% of the privately owned homes in Mississippi are owned by Negroes. We have Negro
professional people, such as lawyers, doctors,
teachers, dentists, social workers, nurses and
many others."
Does that sound like the grade of inferiority that
the Court must cure by "side by side " contact with
whites? Is that really poor achievement for the
Neg roes in the last fifty years, when both black
and white in the South got the chance to move upward economically?
Propagandists refer to the "plight" of the American Negro. What in fact is that plight? The Census Bureau has released figures for 1960 showing
that the Negro in t he United States has an annual
income exceeding that of the whole people of
France, Germany, Italy, Russia, Norway, Mexico,
Japan-and equal to that of Great Britain,
$1150.00. Only Canada, Australia, Switzerland
exceeds that level.
Nevertheless, the agitators made progress, at
first havin g to pay some of the Negroes to feel
bad. Th e NAACP with its annual ex penditure of
one million dollars, according to its public audit,
was t he leader. But at once, Northern politicians,
sensing votes to be had, hypocritically sprang into
the act.
Progressively in th e last year, discovering that
f eeling bad about a ll sorts of th i ngs, and shouting
"eq uality, " could get their names in a sensationseekin g press, and t heir pictures on TV, Negroes
are fillin g t he st reets with hysterical yelling mobs
of men, wom en and children, disturbing the p ub lic
peace, lying down in public places, throw ing pop
bottl es a nd stones; their ministers maki ng political
speeches disguised as prayer; in short, having the
time of th eir lives in all these forms of em otional
excitem ent.
Bored by the mo no ton ou s routi ne of preaching
the gospe l, w hite min ist ers, not indi ffe rent to th eir
names and pictu res being broadc ast, can persuade
t hemsel ves th at th e y are martyrs by going to jail
for a fe w days.
Then there are othe r white minist ers who from
higher stations in their cleri ca l organizations, speak
wi th pompou s authorit y, who expect the po pu lace
to be impressed that th ey had just rece ived a tele-
- 17-
�phone message from God directing them to sp ring
to the front of marching, lawbreaking Negroes, demand ing " rights" -claim ing the constitutional right
of " peaceable assembly. " One w onders a t t he
colossal conceit of these men, who imagine, o r
profess to believe, that God had withheld such instructions from their learned and spiritual prede cessors; awaiting till these chosen ones should appear.
One may suspect that among these, too, " the itch
for the praise of fools, " is not absent.
Teenagers, according to a pattern emerg ing all
over the world join in " demonstra ting. " Ma iden
ladies and frustrated w ives, lying down in the
streets and offices, force police to drag them off
bodily; not a little t itillated by indecent e xposure.
Many of these come from distant places to do
their bit; ignoring the opportunities in t heir own
back yards . Dickens etched this type indelibly in
Bleak House a hundred years ago, describing Mrs.
Jellyby who was " involving the devotion of all my
energies, " as she said , in improving t he cond iti o n
of those unfortunates a w ay off yonde r-in he r
case-Darkest Africa; while he r own ch ild re n were
ill clad, unwashed, ill nou rished , one of them
tumbling down sta irs, so that a visito r cou ld cou nt
the sounds of his bump ing head as it st ruc k e ac h
step; and another "crying loudl y, fixe d by the neck
between two iron railings," "wh ile Mr. G uppy, with
the kindest intentions poss ible en d ea vo red to drag
him back by the legs, un d e r a general impressi o n
that his head was compress ib le b y t hese means ."
To all of this, Mrs. Jellyby was serenely oblivious, while she made diapers for the babies
of the Congo, and "discussed the Brotherhood
of Humanity, and gave expression to some
beautiful sentiments."
Not to be left beh ind the ir b ret hre n of the So uth
in all th e se " demo nst ra tio ns," the Northern
Neg roes are going a t it o n so large a scale as to
scare t he tar ou t o f t heir po li t icians; and the se , in
th eir constern ati o n t h at t hey have aroused ba rbarou s em o ti o ns which they cannot control , a re
c ra w ling o n thei r knees, b e gging for restraint, lest
t hese ri o to us e ruptions turn Northern white vote rs
ag a inst them, a nd t hey wi ll lose their jobs. Callous
to a ll else, they ne ither think nor care what all this
wi ll do to t he po or Negro. It takes no majo r
prophet to foresee that a check in Negro advance-18-
�ment will come; a setback which may last for
deca des; and the innocent Negroes will see that
they have been deceived by heartless self-seekers,
and will turn on the leaders, both white and black,
wh o have cost them so much.
FEELING BAD AS AN EXCUSE FOR
BREAKING THE LAW
As we have seen, the NINE MEN have as a
reason for breaking the old law of separate if
equal, that it made Negroes feel bad.
How easy it will be to extend that feeling bad
defense to persons charged with crime. We have
State laws prohibiting and punishing all sorts of
acts deemed against public safety; acts from the
disturbance of the peace to stabbing, murder and
rape . What a laugh it would be for a culprit
called before the Courts for breaking one of these
laws to plead: "I reject that law. To condemn me
as it requires, will make me feel bad." And what
a carnival of crime would ensue. That is exactly
what has happened from the lawbreaking
judgment of 1954 of these politicians sitting on
a supposedly Judicial Bench.
Not only have mobs gathered in streets, marching and yelling, disturb ing the public peace under
the mask of rig ht of assembly, making speeches to
God under the blasphemous guise of the sacred
rite of prayer; throwing pop bottles and stones at
the police; but felonious crimes have multipliedmurders, rapes and stabbings. Most frightening
of all, murderers and rapists, tried and condemned
to death before State Courts, may now be observed peering fr om beneath the black rob es of
Federal Judges, where for years they have basked
in security; protected by some techn icality of the
law discovered by these SUPERMEN.
At this writing there are twenty-six (26) tried and
condemned to execution in the Angola Penitentiary
of Louisiana; three whites for murder; and twe ntythree Negroes, nine for aggravated rape and fourteen for murder. Four of the Negroes sentenced in
1957; 1 i.n 1958; 1 in 1959; 1 in 1960; 8 in 1961
a nd 2 in 1962.
Two of the Negro rapists in Ango la were co ndemned for raping white women in the state capita l a t Baton Rouge. Their exemption from execution has encouraged the nephew of one of them to
- 19-
�another rape of a white woman in that city, taking place July 6th , 1963. Police kno w that the
rape of white women by Negroes has multiplied
since 1954; not more than one out of six or seven
being brought into the Court, the victims not wanting their shame publicized. Within the last week
a Negro has been identified by his victims, and
charged with attempted rape of one nun and the
beating of another, within their convent walls; in
New Orleans. How many in all Southern States?
In Washington, where it was ex pected that the
concentrated glare on integration would disclose
everybody made happy, the contrary is proven by
a record of crime since 1954, exceeding that of
any city of comparable size in the country. Washington, where a white American soldier may be
killed on the streets, scarcely noticed , while on the
same day, trumpets blare for a murdered Negro
buried in Arlington. Washington, where white
women may be assaulted by a Negro in a chu rch
in sight of the Capitol, and in their homes, while
their men only whimper, lest they lose votes , or
their jobs. Did I say men?
Based on his personal observa ti ons, no doubt
the Negro Congressman Adam Cla yton Powell
bragged for the nation to read :
"We have the white man on the run. After
him, men; sic 'em." Some Congressm en, unnamed, have been quoted as saying " We shoul d
take a recess." Take a powder, they mean.
It is impossible to believe that even Washing ton
would inflict that disgrace on the American people
i n the face of approaching Negro thousands. Let
them take heart. We are informed that right up
front, there will be some of Hollywood's quickdraw heroes to keep order; along with some nice
white gentlemen in clerical garb sidling up to the
camera boys.
What would the Father of his country say, if he
could see this city named for him , become a
jungle; a monument to the folly of the SUPERMEN?
It is unbelievable, that when a young Negro was
condemned to execution for raping and murdering
an elderly white woman in Washington , and released by the Supreme Court; Mallory vs. U.S. 354
p. 441 in 1957,-one of the Judges is re-ported to
have remarked afterward , "After all he was bu t
-20-
�a lad." The " lad " was reported to have promptly
committed another offense in Pennsylvania, and
kille d by Police. The technicality on which this
convicted murderer and rapist was freed to commit another crime, is simply too i ncredible to put
down if it were not verifiable by reading the decision. The question of guilt was of no concern.
He was released because, for some reason he was
committed to prison, and not questioned until seven
hours had passed . It is not now in the recollection
of th e writer whether the Court fixed a time with in
whi ch the questioning must begin; say one hour,
ten minutes, and twenty-five seconds, or possibly
ten seconds longe r. But it is a fact that law enforcement officers the nation over are dismayed
lest th is ridiculous and indefensible holding of the
Court, results iri freeing many vicious criminals.
Who is to blame for setting the example of
lawbreaking? On whose shoulders should horrid responsibility settle for these crimes?
THE ADV AN CEMENT OF THE NEGRO
OBSTRUCTED BY THESE
PAID AGITATORS
More th an fifty years ago, June 4th, 1910, in
the Outlook magazine, Theodore Roosevelt quoted
with approval the state ment of Sir Henry R. Johnson:
"That no wh ere else in the world, certainly not
in Africa, has the Negro been given such a
chance of mental and physical development
as in the United States. Intellectually he has
attained his highest degree of advancement
as y et in the United States. Pol itically he is
freer there; socially he is happier than in any
other part of the world. "
The ex-President added: " The boo k is of great
interest and permanent value; and should be in the
library of every American who cares to devote a
little thought to one of the largest of the problems
of today. " Quoted from Book Review, printed in
the words of Theodore Rooseve lt, Vol. XI I, pp. 221 -2.
This progress had continued up to 1954. Fine
publ ic schools built solely for Negro children,
ta ught by competent teachers of the ir own race
who best understand them, have multiplied a ll over
the South. This day go into hundreds of communi ties and one will see that the newest and most
-21-
�modern schools and campuses a re for the Negroes,
fact concealed f rom the Northern people. The
greatest Negro Un iversity in America, is in Lou isiana-five miles from the State Capitol, beautiful ly
located on the Father of Waters. This Negro Uni versity has all the trimmings that the white State
Un iversity has; located two miles fr om the State
Capitol. (Maybe that is an offense, being th ree
miles further from the State Capitol than the
wh ite). It has full academic courses, granting d egrees at a regular graduating exercise (upwards of
500 in June 1963); homecomings, fraternities a nd
sororities, football and other sports, bands a nd
cheerleaders. There is nothing collegiate, socia l,
and cultural, on the white campus not also see n
on the Negro campus.
Negro graduates at other Negro colleges in the
state total 401 , not including the p rivately endowed
Dillard in New Orleans, a large and well -ma naged
Ne gro University w hose attenda nce and g ra d uate
level is not at the moment availab le to the write r.
a
In the school year just closing there were
286,605 Negro students in 164 Negro High
Schools, with 8,876 graduates in Louisiana, w ith a
total population in 1963, e sti mate d as 3,300,000less than the popu lation of Ch ica g o . It w o uld be
interesting to compare these figu res with those in
Chicago.
In the smaller sta te of Mississ ippi, near the po pulation of Philadelphia, to q uote G o vernor Barnett
again, there a re " mo re than 4 00 0 Negro students
in State supported colleges; 7,382 Negro school
teachers in the Negro public schools with maste rs'
degrees and abo ve; an d o f 190 mi llio n d o llars
spe nt on public school s since 1953," in th is by no
me ans rich State , " 63 % went for N egro pub lic
school faciliti es. 1' There is much more in the Governor's inte rvi e w by U.S. N ews and Wor ld Repo rt
that wo uld show misi nformed N ortherners that the
Ne gro is b etter o ff in Miss issi ppi , than in the g reat
Northern cities. But p rese nti ng a fair picture o f
the co ndition of the N egro in Mississippi, o r any
o the r Southe rn state, to the N orthern people cannot be expected so long as the egalitarian mania
persists.
The re is some sense in the Negro making a plea
for a job. He cannot stay on relief forever; be- 22-
�sides most of them have the pride of preferring to
wo rk to mooching on the taxpayers; but the cry
of lac k of employment is something recently
thought up by those who profit by agitation . Heretofore those who presumed to speak for them;
those whose real object is to cause racial division
and clash; those who were stirring to howling complaints, sit-ins, lie-ins and butt-ins, were eloquent
with phrases as meaningless as they are sonorous
- " human dignity, " "plight of the Negro, " " social
rev olution ." A favorite is "second-class citizenship," used in a sense which disregards good conduct as the indispensable duty of " citizenship. " A
la ter one is produced by Bobby Sox, - " Human
rig hts are superior to States ' Rights. " Whatever
mea ning Bobby attaches to this bombast, it is
certain that for him States ' Rights do not exist. Anoth er is in constan t use , - " discr iminate. " Would
the se good w hite men of the clerical cloth, who are
op pose d to " d iscrimination " refuse a daughter 's
han d to one of the lusty young Negro "demonstrators?" Maybe these particular show offs would
not. As k them .
IMPENDING DESTRUCTI ON
Is th e ad vancement of the Negro made in the
United States in the last hundred years, and especia lly in t he Sou t h in t he last fifty years, to be
ign ored , obstructed , poss ibly destroyed by the vote
hustle rs , finan c ial p rofite ers, and gullible dogooders?
When the uns uspe cti ng Negro is being aroused
to heights of insurrecti o n p a ssio n, w hite men and
women of the So uth, of g ood w ill and compassion
-and these are, or were, in t he vast majori tya re reluctantly compelled in se lf d e fense to rem ind
a ll con cerned, that in his o w n country of Africa he
ma de no advance whatever in the 6000 years that
the wh ite man wa s p a infully creating the civilizati on of which now in Ame ric a n t he tr ansplanted
Negro has the advanta g e.
Is it unkind to s uggest to Ma rti n King , Wil kins,
et al , that if their an c esto rs ha d re main e d in
Africa; what with disease, tr iba l w a rs, a nd canniba lism, they might not have survived to beco me
sires of these descendants now demandi ng so much
fro m the white man's civi lization in Ameri ca ?
In those 6000 years that the N e gro achi eved
-23-
�nothing in his own country of a hundred millionin Egypt, next door to him, her engineers constructed the Great Pyramid 5000 years ago, an
amazing feat still puzzling to moderns. Separated
from Caucasians of the West by the vast length
and height of the Himalayas, the Yellow Chinese
more than 2000 years ago built the Great Wal l
1400 miles long, to protect them from the Mongolian Hordes-the Empire then more than l 000
years old, with great cities, and art and literature .
The Brown Japanese boast of a culture 2000 years
old when Christ was born. And when Columbus
crossed the sea, he found 3000 miles from Western
civilization, the rich culture of the Red man, which
Cortez and Pizarro pillaged in the Halls of Montezuma and Golden Palaces of the Incas.
In referring to the kindly feeling existing between the races in the South before the Supreme
Court caught its integration fish, I beg to interject
a personal note. I was born and reared on a cotton plantation in North Louisiana; grew up with
Negro playmates; know their good qualities whe n
not deceived and misled; and I am saddened whe n
I perceive what is in store for them under a leadership so fraudulent as to be criminal. One of my
playmates, bedridden in his home in his last yea rs,
I never failed to visit when frequentl y visiting his
section of the State. We would spend a hap py
hour recalling incidents of our boyhood an d early
manhood. I can assure our Northern fello w citizens, that there were many thousands of suc h r elationships between Negroes and wh ites of the
South.
So far as the South is concerned t he r e is mo re
seeming than fact in all this Negro hu r ra h. The
Negro is by no means the fool t hat t he fr o nt runners of his race are making h i m ou t to b e. I
haven 't the least doubt that the majo r ity of them
within their own t houghts , w ish t hese disturbe r s
would subside. But as is frequen t ly t he ca se w ith
the whites, these remain quiet lest t hey be cen sured by the more voca l, o r ev en injured.
BREAKING ONE LAW CALLED FOR THE
BREAKING OF ANOTHER
The poli t ici ans si tti ng o n t he Supreme Benc h in
1954 did not sto p wit h b r eaking the old la w of
1896. Having decid ed what will ma ke the Negro
- 24-
�fee l bad, they went on to the next step, and determined that they must do someth ing to make him
fee l good. But here they were confronted with another Const itutiona l obstacle; t he specific declaration in the very same 14 th Amendment (Sec. 5) that
only
" Congress shall have t he power, by appropria te leg islation, to enforce the p rovisions of this
Article."
But w ha t if Con g ress did not ag ree with w hat
the SUPERMEN professed to have discovered in
this Arti cl e , since it w as not so written; and what
if Co ngress di d no t ta ke an y stoc k in what the
Swede & Co. said about it m a king the Negroes
feel b ad if t he y cou ld not be righ t there by the
side of th e whiteman in w hatever he was doingleaving th e p resu mption t hat he had no ideas, likings, busine ss, o r ch o ices of h is o w n. There are
in fact many Congress men , es peci al ly those from
the Sou th , who do no t believe an y such th ing .
They have kn o wn and lived beside th e N e groes
al l their lives, an d th ey are qu ite positively certain
tha t the So ut he rn N egro w o uld prefe r to ha ve his
own sc hools and teac hers, a nd run his own affa irs;
a nd that all the co m motion whippe d up by N ew
Yo rk, e t a l. is just so m uch profitable po p p yc ock.
But since t he SU PERME N ha d gotte n away with
it before , t hey decided to go it al o ne in this case.
The judgmen t th e y issued req ui red th e Dist rict
Judges:
" To ta ke s uc h pro ceed ing s, a nd enter such
o rders and decrees, a s are necessary and
proper to admit to p ub lic schools on a ra cia lly
no nd isc riminatory ba si s with a ll d e li b e rate
spe ed," the parti e s to the case.
This has b een expa nd e d so, a s a matte r of
cou rse the Federal Judges, and not Cong ress, are
"enfor~ing the provisions" of th e 14th Am e ndm e nt.
It will be note d that in the accompa nying specific
instructions to the District J udges, the SUP ERM EN
delegate to these Judges the rig hts a nd d utieswhich they had themse lves us u rped-to bre a k
State laws or local ordinances, and enact others to
take their places. These are the precise instructio ns
given to the Di strict Judges:
" Full implementation of these co nstit uti onal
-25-
�principles (meaning those which they had inserted in the Amendment) may require solution
of local school problems .. to that end Courts
may consider problems relating to administration, arising from the physical condition of the
school plant, the school transportation system,
personnel, revision of school districts and attendance areas into compact units to achieve
a system of determining admission to the public schools on a nonracial basis, and revision
of local laws and regulations which may
be necessary in solving the foregoing problems."
·
Even King Jehosaphat did not assign such
whopping jobs to his Judges. Presumably these
District Judges know all the multiplied aspects of
public school management required of a competent Superintendent of Public Education who has
learned them by many years of observation and
practice; or they must instantly learn them-in
what school not stated. It is a marvel that more of
them do not reluctantly assume these added executive duties; but maybe very many are reluctant but
are scared of the SUPERMEN - except some who
may be eager for earned promotion; such as ou r
New Orleans District Judge Skelly Wright, whose
quick promotion is expected to entice others to
follow his example.
That the SUPERMEN quite well understood that
they were usurping the exclusive authority of Congress, is perceived in their evasion of the wo rd
"enforce" when they instructed the District Judges
to "i mplement" their judgment . In their embarrassment, they tried, not too cleve rly, to escape from
the specific constitutional limitation , by adopting a
word to take its place. They have said repeatedly
that their decisions shall be "implemented"
(meaning " enforced") by th e directions they gave
to the lower Judges. The word implement as a
verb is not found in any legal dictionary, the old
reliable Bouvier, Ballantine, o r the 1951 edition of
Black. The lowe r Judges have u nderstoo d their
superiors quite well; and ha ve issued orders and
decrees by the doze ns to "enforce" the provisions
of the 14th Amendment, the exclusive right of Congress so to do be damned . Th e Courts have also
adopted another word to se rve their purposes-
- 26-
�· desegregate " which was not in any dictionary,
academic or legal, until it was inserted in Webster's International Dictionary in 1959.
So we find the Court in the business of supplementing the English language to convey its meaning in the assault on the Constitution. It will not be
long before the Federal Judiciary will ease into the
use of the word " integrate, " as a substitute for
" desegregate. " Then it will have gone the whole
hog. The thin mask will be completely off. There
will be no need for Congress to exercise its specifkally granted and ex clusive power to " enforce"
integration of the races in all cases where the lack
thereof is alleged to make the Negro feel bad.
The obliging Federal Judiciary will do it.
STILL MORE LAWBREAKING AND
LAWMAKING
It soon becomes obvious that in lawbreaking by
on a ll powerful governmental body like the SUPERM EN , some very serious and dangerous lawmaking must follo w in its wake to carry out their
enact ments . The Court has ordered integration of the races w herever demanded by NAACP;
and masks off, proposes to enforce their commands
by expanding the rule of Contempt of Court to
punish noncomplian ce.
The world o ver when the lawmaking power enacts a statute where a compl ia nce is required or a
violati on punished, the same law fixes a penalty
for disobedience. The limitation of punishment is
clearly stated, generally in such terms as " fined not
more than " so many dollars, or "imprisoned not
exceeding " a term stated.
Again the world ove r, there the lawmaker stops.
It is left to another and not self-interested authority
to hear and condemn breaches, and assess punishment with the stated limits. There was a time three
hundred years ago when the Divine Right Kings
claimed the right, (called Prerogatives) to make
laws, fix punishment for noncomp liance, try culprits, and clap them in jail; all witho ut the intervention of Parliament. Those Divine Right cl a ims
petered out when one was exiled, and a nother had
his head chopped off.
A revival of that right is now claimed , or at
least apparently threatened by Federal Judges.
- 27 -
�Under the guise of well-known and admitted ri gh t
to maintain decorum in their court rooms, to require witnesses to answer proper questions, and enforce a well-known general line of Cou rt orde rs,
noncompliance with the ir integration laws, orders,
and decrees is now threatened with unlim ited Anes
or incarceration in ja i l, without the right, as ol d as
Magna Carta of 1215, to a trial by jury of th eir
peers . The authority for this taking away the p ro p erty and liberty of American citizens, specifical ly
prohibited by Articles of the Constitution (appended), they will call Contempt of Court. In tha t
procedure, the lawmaker, the prosecu t or, the
Judge, and the executioner will al f be centered in
one person,-contrary, it is repealed, to a uni versally admitted principl e, and specificall y prohibi ted
by the Constitution.
Some imaginati ve journalists have speculated o n
the infliction of fines as much as one hun dred
thousand dollars, and imprisonment up to ten
years. It is remarkable that in mentioning t hese
possibilities, these generally well-informed men , di d
not express the slightest dismay. That is ho w fa r
we have gone in our indifference t o t he warning
of the Harvard Professor that, " Neve r in recorded
history has the individu a l been i n g r ea ter d a nger
from government than no w ."
It may take the infliction of such puni shm ent to
awaken co.mplacen t Ame ri cans t o t hei r peri l, lest
their liberties so valian tl y a nd blood ily fo ught fo r
by their ancestors, w i ll fa de a way unde r th e
tyrannical rule of uncontrolle d SUPER M EN.
" Power corrupts; abso lute po we r corrupts
absolutely."
When the sage, Benja min Franklin, in his o ld
age, was aske d b y a la dy, after the adopt io n o f
th e Constitution in 1787, in th e con fecti o n of wh ich
he too k an active part, " W hat kind of g o ve rnm ent
have we no w, M r. Fran klin?" He repl ied, " A Republic, M a d a m, so lon g a s t he people ho ld fa st
to it."
Are the peo p le " hol ding fa st to it?" It is co ncea led from them t hat in this coun try the re are determined and influentia l men who, in th e language
of Jefferson , " are mining and sapping at t he fo und ation of ou r Con stitutiona l gove rn ment," with the
a im t o center all po w er 1n pr essure groups at
- 28-
�Washington; robbing the States of the guarantees
of the right to mal'lage their local affairs; reducing
them to the level of provinces.
OBEY THE LAWS? LET WASHINGTON
SET THE EXAMPLE.
-29-
�l
APPENDIX
PERTINENT PROVISIONS OF
THE FEDERAL CONSTITUTION
Article Ill
Section I. The Judicia l power of the United States shall be
vested in one Supreme Court, and in such inferior courts as
the Congress may from time to time ordain and establish.
The trial of all crimes, except in cases of impeachment,
shall be by jury; and such trial shall be held in the
State where the said crime shall have been;





































(Note: "The Courts derive their powers from the grant of
the people made by the Constitution and they are
all to be found in the written law, and not elsewhere. " Wheaton vs. Peters, 591, 658; Bucher vs.
Cheshire, 125 U.S. 555. " It must therefore find its
power to punish the crime in laws of Congress
passed in pursuance of the Constitution, defining the
offenses and prescribing what courts shall ha ve jurisdiction over them. No act can be a crime against
the United States which is not made so or recogni zed as such by federal constitution, law, or treaty.··
U.S. vs. Hudson; 7 Cranch, p . 32; Cool ey Principles
of Constitutional Law, p. 138.
AMENDMENT V
No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment of a grand
jury . .. nor shall any person be deprived of life, liberty, or property without due process of law ...
AMENDMENT VI
In all crimina l prosecutions, the accused shall enjoy the
right to a speedy and public trial by an impartial jury
of the State and District wherein the crime shall have
been committed_
EQUALITY DEFINED
Under the 14th Amendm e nt " equal protection ,. mea ns
"that e very man's civi l libe rty is the same with t hat o f
others, Th a t Men Are Equa l before the law in rights,
p riv il eges and legal capacities. Every person, howeve r
low, or degraded , or poor, is entitled to have h is righ ts
tested by the same general laws which govern others .··
Cooley, pp. 235-6.
AMENDMENT XIV.
"Section 1 . ... No State shall make or enforce any
law which . .. shall deny to any person within its
jurisdiction the equal protection of the laws."
(Note: "The guarantee of equa l pr.o tection is not to be un-
-30-
�(
derstood, however, that every person in the land
shall possess precisely the same rights and privileges
as every other person. Ths amendment contemplates
classes of persons, and the protection given by the
law is to be deemed equal, if all persons in the
same class are treated alike under like circumstances
and conditions both as to privileges conferred and
liabilities imposed." Cooley, p. 237. Citing authorities.
"Section 5. The Congress shall have power to enforce,
by appropriate legislation, the provisions of this
article."
With reference to enforcement, it may be said that no
one will deny that when an authority is granted in the Constitution, it is exclusive, unless othe"rwise stated.
The application of the authority granted to the Congress
here to enforce the provisions of the article, by appropriate
legislation, denies to the Supreme Court the right to "enforce its provisions" by the enactment of any law by it; or
to enforce its provisions by the formulation of "orders and
decrees" which amount to enforcement. That is to say, that
when Congress has enacted appropriate legislation to prohibit states from denying equal protection of the laws in
any instance-in the racial cases here, the judiciary can
a scertain when such legislation is violated, and apply the
remedies se t out by t he Congress.
W hat the Court has done in the school case, for instance,
is this in effect: It has inserted in the Amendment substantially these words:
"The amendment contemplates Federal control of public education in the States. Therefore whe n a State enacts legi slation providi ng se parate schools for the
races, tha t leg islation is prohibited as d e nying equal
protection to t he Negro race ."
Having fo und, in effect, that la nguag e in th e Ame ndment, as o ne of its provisions, the next question should be
whethe r Congress has e na cted appro priate legislation to
prohibit state la ws violating the provision . If Congress did
not know that such legislation by the States is prohibited
by the Amendmen t; or if Congress shoald recogni ze this
Judicial Amendment, but has not e nacted a ny legislation to
e nforce the p roh ibition; does t hat g ive the rig ht to the
judiciary to "enforce" it. The Supreme Court has answered
that q uestion by ag a in inserti ng in the ame ndment, in effect,
these words: "But if Cong ress does not see ftt to e nforce the
prohibition by a p propriate legislation, t he Supreme Court
ma y do so by its own decision; " , and may "imple ment"
the ir decision by such "orders and decrees" as ma y be
necessary to take th e place of t he missing act o r a cts of
Congress, and "may provide un limited punishment fo r no ncompliance with its decrees."
In elud ing t he exclusive rig ht of Co ngress to " e nforce
the p rovisions" of the Article, by using the word "i mplementa ti o n," and other expressions, we observe a ll the a rts of a
slick politician in writing this decision . The wonde r is tha t
the oth e rs who had been on the Bench for some years,
co uld be persuaded to fo llow him a long these twisting tra ils.
- 31-
�Order this pamphlet from
R. KIRK MOYER, Treasurer
P. 0 . Box 5348, New Orleans 15, La.
Mr. Moyer is an Insurance Executive; and Past
President of the Louisiana Society of Sons of the
American Revolution.
3 Copies for $1.00 Postpaid
l 0 Copies for $3.00 Postpaid
Prices on larger quantities furnished
upon request.
This pamphlet is published by
HARRY P. GAMBLE, SR.
Attorney-at-Law-Retired
Without profit to the writer-to inform the people
how their liberty and property are being embezzled by Washington. Not copyrighted.
�.,,
FORMAL" OPENING
OF
FREDRICKSON'S
OFFICE SUPPLIES, EQUIPMENT, FURNITURE AND BUSINESS MACHINES
NOW AT 46 DOWNER PLACE, AURORA
Dfflff
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roundings. Our wh~le staff will -lcome you.


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3 BIG DAYS
AUGUST 1, 2, 3
WE ARE INDEBTED TO THE FOLLOWING FIRMS WHOSE
HANDICRAFTS ARE REPRESENTED IN THE NEW FRmRICKSON'Sa
General Contractor
Electrical
STEVE HALMAGYI
HEnlNGER ELEORICAL SERVICE
Yorkville, Illinois
730 5th Avenue
Carpeting
General Conlracfor, Interior
ARBEITER DURUlE ROORS,lnc.
SHERM KAUEVIK
62-64 South River Street
301 South Rosedale
Store Fronts
Plumbing & Heating
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PATRICK J. RUDDY
469 High Street
65 South LaSalle Street
REGISTER FOR
DOOR PRIZES:
LADY'S PRIZE-Safety "Kik-Step'"
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Many individual prizes i.e. staplers, pencil
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SPECIAL DRAWING
We will award the church or school of your choice a
portable tape recorder. Register on separate blank.
COME IN & REGISTER. NO PURCHASE NECESSARY
�bo;: I
cial studies; William Prince,
j
P .E., science; Warren Hull, biology; Phyllis Taylor, commerce: ;·.
Charles Polls, science; Daryl
Thompson, co mmerc e; Miss ,
Bettye Jo Suhr, home economics; ,
SCOT LAD
__.-J
APPLE SAUCE
303
CAN
~~:~:. ~l~:: \:~:!143.215.248.55 16:31, 29 December 2017 (EST)rriati~~
..
13c
'
Babcock, industrial arts and Ken- ;
net.h Pickerill, athletic director.
Others are Reeve Thompson,
t,
boys' P.E.;
Miss Kontos,
Sidonic Hylandmusic;
William
science,
er, girls' P .E. ; Miss Dorothy Barn-
I'"···
hardt, girls' P.E.; William Work-
SCOT LAD
man, general business manager:
Miss Anne Rockenbach, librerian;
James Aird, guidance counselor;
Howard Smucker, principal.
Coaching assignments are as
follows -
I
LIQUID
DETERGENT
I
Varsity football, Ken- .
neth Pickerill and James Aird;
'farsity wrestling, William Kontos;
-.arsity basketball, James Aird;
'Wlrsity track, Lewis Hankinson '
and David Babcock: varsity base- ·
32-0Z. PLASTIC
I
ball, Kenneth Pickerill and Allen .
Bard.
Frosh-soph football, David Babtock, Allen Bard and William
Kontos; wrestling Lewis Hanken10n; basketball, Gerner Anderson,
W
!ill
Iffi
Daryl '.lbom,on; basebell, Willlam
Prince.
Registration of new students for
the fall term of Oswego H i g h
&:hool Is !checluled for Tuesday,
Aug. 6. lf you were not enrolled
ln the Oswego Schools last year ·
and have recently moved into the fi
1s:~:~ I
1


~~!g~::'.ciiJi~~r:~~


office of the High School between '
the hours of 9 a.m. to 12 noon
and l to 4 p.m.
The library It open on Wednesday from 3 until 9 p.m. and Saturday from 10 a.m. until 3 p.m. New
books have been added, "Gold in
your Attic" and "More Gold in
Your Attic." These books w e r e
given in memory of the husband
of Mn. Gertrude Bulla.
Mn. K. Beard•ley of Beverly
Hilla ts spending this week in the
home of her friend, Mrs. Nellie
Clark.
IS
Mlle Debbie Claanen of Rock-
ferd 11 Visiting 1n the home of
her grandparents, Mr. and Mrs.
Clifford Olson, on Park Avenue,
Mn. Dorothy Songer Krush and
daughters, Flora and Melody, of
W&hington, D.C., are spending a
few weeks in the home of her ,
mother, Mrs. Flora Songer, end .
brothers and sisters in the com- ·
munity.
California l
California Dt
2
lbs.
BEAR HUG - When a
bear gets himself
Into a

L~to~gh t!~ti~~
bear teaches her cubs
how to maneuver fn the
high position, but the
little fellows hug the
limbs of one of Yellowatone National Park's
trees. When they"re old·
er, It will be old hat.
732 Pl
OPPOS,
�M rs. Leonar d Haas
3786 Ivy Lane, N . E., Atlanta 5 , Georgia
�·· ..'·.;,,t~
---
3
All Alone With His Courage
A Dixie Mayor and _R ights
fa ther's multi - million dollar Kennedy and was angling for
office supply firm he became a Federal job.
¥!'. Allen den ie-d it stoutly,
president of both the.city and
.,
ATLANTA .
insisting that l:e talked with
state chambers of commerce.
For . days the word went
But now the board room no one in Washington except
out ' from the big business boys are a little on edge. None the commiti;ee official who
men -a nd civic leaders, the of that "Mau Mau" stuff, of invited him to api:t>ar.
He later received a short
political pros and public opin- course. · While the Mayor's
ion molders, the ;people in political life may be damaged, letter from th'3 President
Atlanta who -usually count his personal stature is ad- which praised "a number of
effective pomts" in the statethe most.
judged secure.
ment. Mayor ..c.Jlen seemed
"You're making a big mis- . ·
"It took a lot of- courage to genuinely ~urprised by it .
take."
The message was plai1;1, do what he did," one acquainblunt and nearly unanimous . tance said with a touch of
Ivan Allen jr., the 52-year- awe, "and if that's his perold merchant-turned-Ma.yor, sonal view - hell, I respect .
him for it."
listened very ca.refully.
• Sure, the f1·iend col\tinued,
T-hen , all alone with his
courage, he flew off to Wash- segregation is -wropg. But a
ington and went before the F'ederal law against is someSenate Commerce Commit- thing else. 'This was the crux
tee to read a carefully drafted of the worry : Mr. Allen had ·
"deserted private enterprise."
14-page statement
"Gentlemen," the Mayor
The prominent owner of
said firmly, " If I had your several cafeterias in town
problem, aqned with the lo- sent the Mayor a long, stingcal experience I have had, ing telegram expressing shock
I would pass a public ac- and disappointment, then
pla.-ced blown-up copies in his
commodations .law."
Mr. Allen thus became the ,windows.
flrst--and- just possibly the
But in perfect -illu~t.ratlon
last-Southern politician 'to of the temper of t hings, the
voice pubiic approval 'of t he man's eating places were bemost· controversial' portion of ing picketed at the same time
the civil rights bill.
by whites whose signs
The Mayor followed · an branded him a leadel'. for
outraged squadron of South- integration."
ern political leaders, includThe .cafeteria owner had deing Gov . Ross R . Barnett of segregated most of his chain
Mississippi .and Gov. George last June . His concern was not
C. Wallace of Alabama. The civil rights, he insisted, but
air was heavy with denuncia- the preservation of free entertion .
prise.
Sen. Strom Thurmond of
The Mayor came back to
South ·carolina, a ·member
Atlanta and found two main
of the Senate committee, schools
of thought about his
seemed hardly able to bebehavior before the
lieve his ears at the Ma.yor's startling
Commerce
Commitee.
stand . A lot of the borne
The
least
substantial ¥erfolks ·had the same ·reaction .
"I wish to nominate you ," sion put it down as a shallow
one man wrote, "as Mr. Mau bid for Negro votes. But
Mau of 1963 . . . . . I under- seasoned observers said that
stood that you are a half- even with a full turnout he
brother of Martin Luther would still need plenty of
King and that may explain whites .
For a quarter-century winyour position."
ning Atlanta politics has been
It came 11.s somewhat of a
based on a highly successful
surprise that at least those "alliance"
between Negroes
who wr6te the Mayor sup- and ttre so-called
"betterported his :stand about 2 to 1 class" whites.
in initial stages of the reacAnd the thought was that
tion last week.
the latter might prefer free
"Deeply proud of you," a enterprise over Mr. Allen
telegram said.
when the 1966 term comes up .
But few believed the ma- The Mayor has indicated that
jority to be on Mr. Allen's ~e now intends to run again .
side.
The second feeling about
The state and city cham- the Mayor's testimony conbers of commerce had moved sidered the possibility that he
in the opposite direction, and . had talked with President
a canny political observer
said :
"He has taken a very perilous step. r seriously doubt he
can make it stick in the political forum- particularly if
these things are still un solved."
Mr. A)len, with strong Negro
slam-banr; reductions I
support, took Qffice in Janua1·y, 1962, after a harsh
battle with arch-segregationist Lester Maddox. The Mayor
drew 64 per cent of the vote.
He went in as a son of the
ctty's old-line business com~m~un


i;tY~-;;;..;;W

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it~h~~h~is~ ~ !!!!!--~!!!!!!!!!!!!l!!!!!_,.._ _,_1_ .
· By Walter Rugaber
Special to the Herald Tribune
swimsuit
SALE
..~~.
-
About his testimony he says
simply that the nation's Mayors have b~ n stuck out on a
limb and left there to handle
the whole racial crisis by
themselvas.
The Supremz Court has
been striking down segregation laws for years, he paintsout. and yet no really solid 1
legislation has taken their I I
place.
�MR.s.
J.
BEAUCHAMP COPPEDGE
10 VERNON ROAD, N. w.
ATLANTA
5, GEORGIA
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�MRS.
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BEAUCHAMP COPPEDGE
10 VERNON ROAD, N. W.
ATLANTA 5, GEORGIA
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�A TL A NTA , G E ORGI A
From Betty Robinson
tf./,,
FORM 25 -7
j
a
I •
'
�nent
at there
reorld.
e is
t,
('
may
ether
mght
heth. ator
! than
iehind
ly no.
LE.
with
ition
f the
' the
y of
the
w tiethe
whent:
wide n
come i
- PRU
Herblock In The Washington Post
At
nedy'"
minol
"It's not only the committee room-the whole country is
being packed with those damned American civil-righters." or l/'
isnt
'
would not have thought it n ee- I[pea ceful coexist ence] a nd cono>r essary to r ecall r" · _, ,., ;P..1.H-.. ~- •~ - -u,_ · - ·~ e those "
2
tr
�Mayer Allea
To._ _____________
OFFICE MEMORANDUM
Hewla••
From ___Bill
________
_
July 31, 1963
Date _ _ _ _ _ _ _ _ _ _ __
Here is seae ••re iafe ea tile AB: -TV series ea civil ripta • Tau
seUlllla lite a ,retty sell.&, 1tetll aiAles ,ecuaeatary J•~ •
By
ceatrast , tile Preaa •• Race
.\saam Issue
aclle4u1e,
fer CBS TV•
Ausust 21 aeeas lea,ea ea tile ~actwan leeti.111 aiae -- Gaaaczlietl Grever Ha -11,Jr.,
•• Jaaea Kil,atrict ,Jr., are aetll 4ie llar, •e1re1atieaists au C.aEe4erates.
Tl,.,.E • LIFE• FORTUNE• SPORTS ILLUSTRATED• ARCHITECTURAL FORUM• HOUSE & HOME
�To Mayer A1lea
From,_
OFFICE MEMORANDUM
--R<BiH1+1-1-H1ae,iw:wlHafAll4..__- - - -
Date_ _ _ J...,,-1,..,- 3-1,_,=--¼1-96-31--- -
A yery pertlaeat c-..eat •n the rele •f C.a1reas i• civil ies~tcc ripta
�l~------~--T_V__
•_R_a_d_io=---_•_C_o_,_n_i_e_s_________1_s__
11?:W&-¼tf@rJ:ift~::;\Wi1iJ£lf.f.f~miwl:'ii~f.H:,,=:@.tt?:1:rnm~~m'~1@~tit1/Jj;~m:~,g0».:2Fltt'.'.:t:,,&ii
Iifi Re,p orting• From
The World ~)

•T
C-TV• '
Ill
Of Telev1s1on and Radio
I
@
~ Mel Torme
.f~W$W.:l:\tr¾-{::'i:\1'!'.~?:i~iif1'.l?':::;@if;:,'t?@;rn:?:::~Hf:tiiii::!i:=irnrn=;:Jf:@':::rw=;r::1:~:l'.~:1-:w.=rn=~r::;:=?ti~~,x:.@~At;,:1n,l\
peal)
eles,
!owes, Pat
Civil Rights' 2 Faces:
Madonna
Marcello
Confrontation on ABC
luests.
\the Italian
guests.
l mbskulls
lary.
Fn Show
\OPe
tedlscovered
Bullpen
'.iamt
ISIIOS
in Nowmon
ohv Marlin
. M.


~ughes


~kFonl
Show
II Muelle
Fro
Cooper
'om
,' Dick
Wyatt
II Show
. the
Rogers,
Io's
Lorre,
e
of !he
=other
ti e
r
\nev
irald lne
Son,'
av
,.s
5.1
,.7
1.5
1.3
1.5
id
at
ds
.rstor ·
"
an
rid
By John Horn
Govs. Orval Faubus of Arkansas and George Wallace
of Alabama, former Mayor
William Hartsfield of Atlanta,
Ga., and the Rev. Dr. Martin
Luther King jr., founder and
president of the Southern
Christian Leadership Conference,' will be among those interviewed Aug. li on "Chronology of a Crisis," first of fiive
ABC-TV half-hours on civil
rights (Sundays at 10:30
p.m.).
The ABC-TV series, "Crucial Summer : The 1963 Civil
Rights Crisis," announced last
week, will be the first network airing of the nation's
dominant domestic issue. A
three-hour NBC-TV special J
on the subject, announced rl,
Monday, will be telecast -r
Labor Day.
l
The first ABC-TV program t
will be a review of major and
significant events of the civilrights story in the United
States, especially since the
end of World War II.
Filming ls continuing in
Atlanta, qa.; Clinton, Tenn .;
Jackson . Miss. ; Little Rock.
Ark.; Montgomery, Ala., and
New York City and other
areas .
Others who will appear on
the series are Auther!ne Lucy,
first Negro at the University
of Alabama; Mrs. Dasy Bates,
NAACP leader in Little Rock;
Rosa Parks, of Montgomery,
who refused to yield her bus
seat to a white woman; William Simmons, leader of the
Jackson Citizens Council, and
Atlanta Constitution publisher Ralph McGiU.
Opinion is expected to range
from segregationist to lnte- 1
gratlonist, not excluding· the t
equivalent of the fabled Mrs. b
Murphy, small Southern bus!-' d
ness woman.
.:fll
The fourth prog1·am , on rn
Sept. 1, will include coverage V
of the planned march on
Washington and a review of
President Kennedy's civilrights legislation.
Ron Cochran is anchorman,
with John Rolfson and Roger
Sharp heading a traveling
corps of ABC news ' correspondents. The producer is
Bill Kobin.
>
>
« «
l
'Press and Race Issue,
An hour program on press ,
television and radio handling
of the race is sue will be telecast on CBS-TV Aug. 21
(7:30 to 8:30 'P , .mJ.
The program, .The Press
and the Race Issue," will include a discussion of Southern
and Northern press ·charges
and countercharges moderated by Dea·n Edward Barrett
of the Columbia Universiti)'s
Graduate School of Journal-
ism.
Participants will include
Grover Hall ir., editor in
chief of the Montgomery,
Ala., Advertisel'; James Kilpatrick ir. , editor of the
Richmond, Va ., News-Leader,
and CBS News president
Ri chard S. Salant.
> >
t
�Jle
ugty"
Chicago, J uly 26, 1963.
Striking at Bias
1til
,v i- Varied Powers of Congress to
of
. En force CivH Ri ghts Cited
a's
~u-
I
T he writer of the f ollowin g i~
lild H a~iilton F i.sh Prof es_
s or of Inter mt nat i onal L aw and D i plomacy and
lOt Pr of essor of L aw, Columbia Un iver - l
l's sity.
er
?Y
T o THE EDITOR OF Tm: NEW YORK T IMES :
So much of the discussion of the
proposed civil r ights legislation ap[Y pears to ask which is the proper
is . constitutio·nal provision to be int- canted in suppor t of legislation out·r lawing discrimination. Surely, the
question is rather in what respects
ra cial discrimination is properly the
is concern of Congress under the Constitution. The concerns and powers
r of Congress, moreover, are cumulative, not alternative.
A deter mined Congress could
strike at important segments of racial ·discrimination with ·the far
reaches of its defeni,e powers (for
_ example, discrimination which hame pers the defense ·effor t ) ; its for eign
affairs power (for example, .discrimr ination which affects our foreign reO la.tions, at least discrimination
s against diplomats) ; its spending
d power (fo r example, discriminat ion
a by bodies or agencies which receive
Federal funds) .
There are also the powers of Congress t hat have been discussed. Of
course, Congress can outlaw discrimination in interstate commerce,
or which affects interstate com·
merce.
Publlo- Authority's Complicity
Congress can, in addition, pursuant to the 14th Amendment, strike
a t discrimination for which the state
is r esponsible, and at the widespread
complicity of public authority in private discrim ination. It may be possible to · draft a provision outlawing
discrimination for which the state is
reiiponsible, perhaps even leavi~g It
t o t he courts to determine later
where the 8t ate may properly be
1 held responsible.
Congress could also forbid state
and local officials to r equire, proe mote, encourage or enforce racial
discrimination.
In r egard to places of public accommodation, I am confident that
s the Supreme Court would uphold an
act of Congress which forbids local
B judges and local police t o enforce
' discrimination , for example, through
s trespass prosecut ions. These prohibi- tions on the acts of local offi cials
could be enf orced by criminal pens alty, by injunction, by suits for monf etary damages.
It is not either one power of Congress or another, nor a matter of in- canting several. The various powers
of Congress can support various prof visions adding up to an effective
civil rights act.
Lours HENKIN.
New York, July 2ti, 1963.
a-
i
~
a
..
h
i
�ATLANTA,GEORGIA
I v an.
It is my humble opinion that the National press
has a good horse in you and might just try to
ride you to death. • • •
Don 't l e t the m pai nt you (or the s i tuation) othe r
than it a b s o l ute ly i s , a s it will hurt you and w ill
probably hurt the bill if they make you and
Atlanta appe ar to be so far out of ste p w ith every o ne e l se .
Yo u are a p r o g r essive m o de r a t e , realistica lly
facing issues !!
Ann
FORM 25• 6
�U N ITED STATES SENATE
COMMITTEE ON COMMERCE

- f •('.'l
•,11,,,,..-,.._,
.....,1
OFFICIAL BUSINESS
aIR AIL
special Delive y
UNITED STATES SENATE
PUBLIC DOCUMENT
FREE
Honorable Ivan All en
Mayor of Atlanta
Atlanta Georgia
'
��I
I
, . ,:, ,.

- -

-
SE
· ,:

'~
.
<t 'I-. ;

'.':·=:,""'
THE NEW YORK TIMES, SUNDAY, JULY 28, 1963.
1
'

~--
~lrt NtID I ork ~imts.
"ia.·
,r opics
There came a brief
A DOLP H S. OCHS, Publisher 1896-1935
Diving note the other day from
OR VIL E. DR YF OO S, Publisher 1961-1963
to Tidy the Sudan, where for a
month a team of sciPt:BLISHED EVERY DAY IN THE YEAR BY THE NEW YORK TIMES COMPANY
Up
entists had 'been living
ARTHUR HAYS S 1! LZBERGER_, Chairman of the Board
deep in the Red Sea in watertight
ARTHUR OCHS S ULZBERGER , President and. Publu.her
villages containing such home comHARDING F. BANCROFT, Vice President and S ecretary
FRAN CIS A. Cox, Treasure,, forts as air-conditioning and television. The wife of Jacques-Yves
Cousteau, French explorer, diver
and head of the group, would go
to
very
little?
Is
it
not
a
game
that
every
country
'·· After the Treaty
below and would tidy up the place a
is playing with every other? A game that nobody
. "
little.
This item was received with
The his toric treaty between the United States,
can win? A game that isn't worth the effort?
cooing sounds the world over, for as
Britain and Soviet Russia banning all nuclear
half of the world's adult population
weapons tests in the atmosphere, under water
Adjusting to Automation
chooses to believe, no man is capable
and in outer space is being hailed throughout
of even emptying an ash tray,
The
United
Steelworkers
of
America
and
the
the world as a promising beginning of a new
either on the surface or 45 feet
employ ers with whom it deals have again demepoch in East-West relations. After all t he bleak
down under. The cooing changed to
onstrated t hat collective ba rgaining can' produce a higher, triumphant pitch as the
years of cold war and the recurring crises that
constructive answers to t he problems of techno- next day or so went by, with images
found their climax in the near-collision over
logical change without tests of economic muscle becoming more lifelike of a tired,
Cuba, the world breathes easier today and there
or Government coercion. The contractS' just wan Mme. Cousteau working her
is new hope that it can banish the t hreat of
reached by the union and the major aluminum fingers to the bone with the carpet
nuclear holocaust.
Producers represent an imaginative extension of sweeper, while he just sat around,
,.
But, important as the treaty is for what it
t he progress-sharing principles embodied in the probably ogling mermaids. Half the
aa.:ys and what it may portend, it is at best
union's agreements with the steel and can world's adult population had the
only a start toward larger goals. President
time of its life pointing out alleged
companies.
Kennedy right1y warns that it is not the millenSimilarities between itself i nd the
All
the
aluminum
workers-not
just
those
niUJll and that the road ahead is still long and
Cousteaus, while the other half tried
With long seniority- will qualify for 10 weeks
to think of other things, hoping that
rockY· As he pointed out, it is a limited treaty
of vacation every five yea.rs, with 13 weeks' pay eventually the noise would quiet
which does. not even stop all tests, though it
to help them enjoy their sabbatical. Fringe b ene- down.
would stop further lethal fallout. Both real disfits will a lso be liberalized, but there will be
armament and the political settlements that
There is in all newsno increase in direct m oney wages. The changes
must go hand in hand with it remain far off.
Actually paper work a trade exare designed to give the workers a share in the
The key to a solution of these problems is
for a
pression called the folbenefits of increased productivity on a basis that
largely in Soviet hands. P remier Khrushchev
Party
low • up story. This
\Vill expand total employ ment opportunities and
agreed to the test-ban treaty he had previously
means that what is reavoid any increase in aluminum prices.
Ported upon today will also be
rejected because, as Under Secretary of State
The new contracts, coupled with those already Watched closely tomorrow, for whatHarriman says, he "very much wanted one at
signed
by the union through its joint Human ever new, relevant happenings that
this time." The Soviet ruler says he wants more
llelations Committee in basic steel and its long- day may bring. Those newspaperagreements. If so, the West will do its utmost
range committee in Kaiser Steel, ought to serve men of the Sudan are superb repreto reach them. But will Khrushchev? And on
as a spur to the deadlocked negotiators in the sentatives 6f their craft, and no
What terms?
sooner did Mme. Cousteau break
nation's'
railroads. The guidelines for a sound
'fhe hard fact is that Soviet Russia's signasurface after her trip below than
agreement have been laid down by two Presiture on the treaty does not mark {he end of
tney were asking her questions. Im·
dential commissions, created only because of the lllediately, a large, furry cat was let
i drive toward a Communist world triumph,
atrophy of the bargaining process in this pivotal out of the bag. She had gone to the
though it may now pursue that goal by means
industry.
underwater village to celebrate with
R ort of nuclear war. In fact, both the treaty
Any formula Congress approves for barring her husband their 26th wedding a nand the "nonaggression pact" Russia wants may
a rail strike through legislative compulsion will niversary, and nothing further was
_ become weapons in the Soviet "peace" arsenal
set a damaging precedent. The month-long truce Said about tidying up. All about the
to line up Asia and Africa against the "waragreed to by the railroads provides a last oppor• World the cooing that had changed
in ngering" Chinese Communists and to soften
tunity for the unions to demonstrate that their to a higher, triumphant pitch clied
u the West for political settlements that would
suddenly to a frozen silence. All
concept of bargaining is not summed up in the about the world the other half that
i air its alliances. As Mr. Khrushchev told the
single word "no."
Cn1nese: "The struggle for peace, for peaceful
hact tried to think of other things
Up to now they have been gambling on the Uttered a yelp of complete and pure
cor!Xistence, is organically bound up with the
proposition that the Government will continue delight. Down many a . long and
reVpJutionary struggle against imperialism. It
to retreat in the face of their obduracy, and that Weary year, this half always has
weakens t he front of imperialism, isolates its
finally
they can extort a settlement that will Contended that the other, while
mo e aggressive circles from the masses of the
saddle the carriers with thousands of unneeded casual about tidying up, could be
pev Je and helps in the struggle for national
jobs. The trouble with this venture in brink- Counted upon to plunge through
lib<!rp,tion." The West is warned .
manship
is not only that the gamble involves either hell or high water in order to
· , rthermore, t he treaty itself can be abro·
l'each a party, in particular an annia strike in which the economy would be the versary party. Here was Mme. Cousgal~ if "extraordinary events" jeopardize "the
chief victim but that a "victory" for the unions teau, not only plunging, but with the
supt r.ne interests' ' of any of its signatories. The
would jeopardize all job security by pushing the high water recorded in actual feet.
Rus ·ans insisted on his reservation, over a
narr,1wer definition proposed by t he West, as railroads closer to bankruptcy.
It is clear that only
This is the lesson the disastrous 116-day st rike
n c h,;ious safeguard against nuclear armament
one half of the world is
The
of 1959 taught both sides in steel. Unfortunately,
by o er powers. They may have Germany in
getting the last WOt'd on
final
n
h
are concerned about there is no sign yet t hat the railroad unions
e
· ·de
0
Letters to The Times
··\".
Physicist Backs Test Ban
Selove Declares Agreement l!; in
Interests of Both Sides
The write1· o/ the following ts
professor of physics at the University of P ennsylv an1ia.
TO TH!l EDITOR OF THE NEW YORK TIMES :
As the test ban negotiations move
ahead beyond initial agreement, it
is strange to see the reluctance,
if not opposition, to make such an
agreement shown by some members
of this Government.
It is encouraging that a large
number of Senators have joined in
the remarkable Hpmphrey-Dodd
resolution in support of an airspace-water test ban, and encoura;;;ing also that so highly informed and
influential a Representative as Chet
Holifield has indicated his feeling
that such a ban should receive support.
Why is there any question as to
whether such a ban is in the interests of the Unitea ptates? I believe
U1e opposition is due prjmarily t o
two mistaken attitudes. First, there
are those who believe that.this country can better achieve security by
further nuclear weapons development rather than bY "trusting" the
Soviet Union to adhere to the airspace-water ban. '!'his is a gross
mistake. For one thing, no "trust"
is necessary. More important, no
foreseeable development ( at least in
the next decade, as far as can now
be seen) will change the ability of
each of the two nuclear giants to
utterly devastate each other.
Orbiting Bombs
Indeed, if nuclear tests of large
weapons continue we would probHerman Kahn's
ably move closer
"doomsday" mac)lines - perhaps
with each side w 0 rl<ing toward orbiting bomb1 of trLlndreds of megatons. A very few such bombs from
continuous orbit could be used to
set fire \ o the entire eastern coast
of this country. we have the judgment of Secretary McNamara that
no really effective anti-missile defense is visible, and we can expect
that prospect ~o become stronger
with the passage o! time.
The second mistal<e made by opponents of a test bll-n has to do with
simple distrust of the other side.
The question posed is essentially the
following ( and Could be used by Soviet opponents of 9 test ban as well
as by our own ) : Why should the
"other" side want !I test ban unless
it is to t heir advaJltage, and consequently, i t is ini_p)jed, t o our own
disadvantage ?
TM mistake h~re is to think that
a test ban can b~ or must be t o t he
to
life a.nd his honor to be used to the
best moral interests of his country.
Your view [editorial J uly 17] would
deny. him any moral dignity of his
own. Segregation is morally wrong,
and any citizen, military or otherwise, has the right and the moral
obligation to make known, even by
demonstrating, his views in reference to it.
If the Brown Shirts aJld the German regular army 8Jld the German
citizens had taken to demonstrations, rather than bowed to accepted
immoral tradition, perhaps the cost
to European Jewry would not have
been so devastating. Historical precedent and honored tradition have
their place in society, but they
should not be above the individual's
right publicly to make known his
own moral standards.
I wou"ttl have thought The New
York Times would have been the
first to defend such rights and obligations.
JOSEPH COLLINS.
Rhinebeck, N. Y.," July 18, 1963.
Taxing Foreign Securities
Administration Proposal Declared
No Cure for Present Gold Outflow
To THE Eorron OF THE N EW Y ORK Tl.MES:
The Times is to be congratulated
for having immediately pointed out
[editorial July 19] the dangers of
the Atlministration's proposed tax
on American purchase of foreign
securities. These dangers have not
been eliminated by its more recent
proposal to exempt new Canadian
issues. Indeed, the Canadian exernp.
tion dramatizes how completely
arbitrary this kind of currency regu.
lation and manipulation is sure to be.
When the niceties a.re stripPed
away, the proposed tax is a forrn of
exchange control, defined as an effort by Government to limit and to
restrict the use of its own currency.
Such restriction on foreign trans.
actions was widely practiced by
Nazi Germany and is the stocl< in
trade of all totalitarian regimes. It
is the entering wedge for other
types of control over the domestic
economy.
The President wants the taJC in
order to stanch the outward flow
of American investment doilars
which is augmenting the deficit in
our balance of payments. But the
proximate cause of this outflo\1/ is
that United States interest rat es are
lower than in many other countries,
which both encourages United Stflles
citizens to buy foreign securities !Ul.d
likewise encourages foreign cotn.
panies to float t heir securities i n
our markets on easy terms. It 1s
notable and regrettable that the
P r.esi~ent ~as no Intention of curing
~.:.,-r;~~
.
. ·!.. ~--~~;: ,.:/{~; ·, •
Founding Fathers' Intent
Citing 18th Century Leaders in
Support of Religion Disputed
The w riter of the following letter
is M inist er of Edu cation for the
First Chttrch in B oston, Unitarian.
TO THE E DITOR OF THE N~ Y ORK T IMES:
The current debate on your editorial page about the intentions of
th~ Founding Fathers in drafting,
enacting and ratifying the "establishment of religion" clause of the First
Amendment discloses more about the
condition of American religion th8Jl
it does about the historical problem
of whether the clause was intended
to apply to the establishment of a
national religion based upon an "es- ·
sential consensus respecting God, i
man and the moral law." Especially
revealing is the zeal with which
Christian leaders, lay and clerical,
have clasped the Founding Fathers
to t heir bosoms as upholders of this
"essential consensus."
No matter how much we should
like to re-create our Revolutionary
saints in our own image, historical
fa cts cannot be ignored without endangering both our honesty and our
sense of history's vicissitudes. Recent research indicates that John
Adams, Jefferson, Washington,
Paine, Madison and F ranklin were
deists. While they differed on particular points of doctrin~, they agreed
that, in Franklin's words, "there is
one Godi who made all things," and
that "the most a cceptable service
of God is doing good to man."
In short, the religion of the most
eminent Founding Fat hers was based
largely on Genesis i, 2 and Matthew
iv, 7. The deist position is clearly
embodied in Jefferson's Declaration
of Independence, where he r efers to
"the laws of nature and of nature's
god."
Deist Theology
A comparison of the essentials of
deist t heology and the docfrines of
Judaism and Christianity shows that
t he West's two great religions have
properly regarded deism as their
enemy. For, as expounded by most
of its followers, deism denies the
possibility of a covenant a nd of a
savior.
I can but marvel, therefort a t the
Industry of Chr istian leaders in finding champions in the Founding F athers and in treating their religious
testimonies as if anchored in the
bedrock of theological orthodoxy. If
we iu·e to believe that America's
•·essential consensus is embodied in
the ideas of Jefferson and his
friends, we must admit this nation
ls not and never has been rooted in
the J 11claeo-Chri·tian tradition.
�VUJUJ.LJ.U.J.J., i:>L- v~ ... .-...u-,
.,., .............
~
..,,...,.....,...,.,..., _... ..... _ - - ••--- ----
-:-break the "white" nuclear monopoly. They may
__ 1 also mean France, busily building its own nuclear
1..·
· force.
President Kennedy is trying to persuade Presi• , dent de Gaulle to adhere to the treaty, but
-..,. '.success is unlikely unless France, an acknowl..: edged nuclear power, is put on a par with Britain
a'Ild supplied with the same nuclear information
.• w e n ow give the· British. If we ·did so, the pur. '; p ose would not be to "cause, encourage or partic1' ipate in" further French tests, which is forbidJSJ den.. by the t reaty, but to make such tests
·..:..." unnecessary without hampering France's nuclear
.a development.
French adherence to the new pact might prove
· ".: a preliminary to agreement by France to join
~ ,in building a NATO nuclear for ce and to restore
' Western solidarity. That is still an essential
s afeguard of peace.
.
'" The Art of Spymg
f,,,l
"
..!
Do not implicitl y trust anything you read
about spies and spying even if the source is im._peccably official. By the accepted rules of the
~.game, government statements may be deliber: .. r .ately false in order t o mislead "the enemy. " But,
·-r·hof course, t hey may be true. Naturally, truth is
toe often very confusing.
• • The layman can be excused for r uminating in
his fashion as he r J ads his morning newspaper.
· ~ The cast of characters needs a Dickens or a


iw Dostoievsky ( not a historian, of course ) to do


9 r,:justice to the parade of diplomats, scientists,
journalists, homosexuals, prostitutes and-best
of all-intelligence agents w ho betray their out,.. fits and thei r fellow spies. Nothing could be
·-niore devious or fascinating than a double agent.
At least, it is comforting for the layman t o
contemplate the bungling and blindnesses of the
professionals. Devotees of the whodunits surely
collld do bet t er . Trained by Eric Ambler, Georges
S imen on a nd Ian Fleming, they would never have
'permitted a Bay of Pigs invasion; a successful
,,.Christine Keeler ; a fantastic 10-year career of
ex-Nazi German intelligence officers providin g
the Russians with 15,000 photographs, 20 spools
.of tape and many a secret of the West Germans
and NATO. Not that the Russians should boast;
hey had Penkovsky.
\":ven though t he real spy cases may be
stranger than fiction , you don't get the solutions
a s you do in the thrillers. Nothing could be
more fas cinat ing than the stories of the British
jpurnalist H. A. R. Philby, or the Swedish Air
Force Col. Stig Wennerstrom; but at their most
interesting points the volumes are snapped shut
and put away in secret places w,h ere even intelligence chiefs, like characters in a Kafkaesque
tale, probably cannot find them.
'.l,'he outsider must be forgiven for believing
that any t ime any government wants to arrest
nd/or expel X-number of spies, it digs into . its
f iles and comes u p wit h the requisite quantity.
W h en spies are under surveillance they are,
1.Inbeknownst, spying for the country they are
spying on. The most dangerous spies of all are,
o be sure, the ones who ar e never caught. Ther~
s nothing that the C.I. A., MI-5, K.B.G., Surete
and all the other intelligence and counter -intelligence or ganizations can do about them.
ls it not possible, in fact , that all this espionage and counter-espionage ; all these agen ts
and double a g ents, intelligence officers, counterintelligence officers, plots and paraphernalia
frolll infinitesimal micr ophones t o beds, add up
Atlanta's Mayor Speaks
On rare occasions the orat orical fog on
Capitol Hill is pierced by a voice r esona nt with
courage and dignity. Such a voice was heard
when Mayor Ivan Allen Jr. of Atlanta testified
before the Senate Commerce Committee in support of President Kennedy's bill to prohibit
racial discrimination in stores, restaurants and
other public accommodations.
On the basis of the very substantial accomp lishments that his city of a half-million, the
largest in the Southeast, has made in desegregating publicly owned and privately owned facili ties, he migh t have come as a champion of
"states' rights" and of the ability of localities
to banish discrimination without F ederal law.
Certainly, he would h ave had much more warrant to es{?ouse that view than the Barretts, the
Wallaces and the other arch-segregationists
who raise the specter of F ederal "usurpation"
as a device for keeping Southern Negroes in
subjection.
But Mr. Allen was not in Washington to boast.
He was there to warn that even in cities like
Atlanta the progress that had been made might
be wiped out if Congress turned its back on the
Kennedy · proposal and th us gave implied en. dorsement to the concept that private businesses
were free to discriminate. He left behind this
charge to finish t he job started with the Emancipation Proclamation a century ag : "Now the
eliminat ion of segregation , which is slavery's
s tepchild, is a challenge to all of us t o make
every American free in fact as well as in theory
- and again to establish our n ation as t he true
champion of the fr ee world. "
The Fiddlers
The Jong-legg ed, r a sp-win ged insects now come
Jpto their own, and we won't hear the last of
them till hard frost a rrives. They are t he leaping
fiddlers, the grasshopl?ers, the crickets and the
katydids.
Grasshoppers are spoken of in the Bible as
" locusts," and their hordes have contributed in
many lands, including our own West, to the l?ng
history of insect devastation an d human famme.
Walk through any meadow now, or a lo ng ~ny
weedy roadside, and you will see t h em leapm.g
ahead of yo u, hear t he rasping rattle of their
harsh wings in brief flight. But they do little real
fiddl ing. The fidd lers now are t.}le crickets.
.
Listen on any hot afternoon or warm evenmg,
particularly in the country, and you will hear
the crickets even though you seldom see them.
In the afternoon you will hear the black field
crickets, chirping as we say, and often into the
warm evening. But in the evening, from dusk on
through the warm night, the more insistent sound
will be the trilling of the pale green tree crickets.
Individually the tree cricket's trill is not so loud,
but because all those in the neighborhood
synchronize their trills the sound can be a s
insistent as were the calls of the spring peepers
back in April.
The loudest fiddlers of all are the katydids,
which look like green, hunch-backed grasshop·
pers. Night after night they rasp wing on wing
and make that monotonous call, shrill and seem·
ingly endless. But the katydids won't be heard
for another two weeks or so. Meanwhile the
crickets possess late July, chirping and trilling
the warm hours away as though summer endured
forever,
ana IL is noL Lne 11au
which is accustomed to getting it.
Whether the other half will learn
anything from the incident is doubtful, of course, because a setness of
way began a long time ago in a certain garden, a snake and apple being
present. But it is July now, and
throughout the world there are
thousands of summer bachelors. To
hear those who are away talk about
it, these bachelors, having made a
hovel of the house, are continuing to
Jive begrimed lives, surrounded by
overflowing ash trays, inch-thick
lint on the rugs, unwashed dishes
mounded high in the sink. Everywhere are t he sisters of the Mme.
Cousteau of the first -day story, who
say they are going down to tidy
up the place a little. Do they?
party, particularly
Come an anniversary partyas
that becomes another
' Guests matter. Although it cannot be proved, of course,
It may be assumed that quite possibly M. Cousteau- with his eye on
scientific affairs-may have failed
to remember the anniversary un til
reminded by ocean-floor-to-shore
telephone. This has happened, and
that half of the world to which it
11as happened has a sympathetic Ricture of him darting out to cool the
wine in some far subsurface cave,
on the way home cutting clusters
of sea flowers for the table. Summer
bachelors know something further,
a,nd since this is the last day that
half of the world gets the last word,
Jet it. be set down so. It's dollars
to doughnuts M. Cousteau himself
cool<ed the meal, from shrimp cockii with plankton sauce to whale
teak a la mer rouge. When they
do drop in, it is not to tidy up, as
the first-day story has it, but to
attend a party, witness the followUP· As guests, of course, as half the
world Well knows.
A
EMERALD ISLE
Truly th is isle Is green, though
heather and gorse
wreathe its rolling fields with
moderate rainbows ;
'.['llough where the land is low, the
endless moors
RoJI out mahogany earth; though
nature raise
Most silver bar riers with all the
rocks
oJ Ireland against the sparkling air.
And gray
Tile sheep, all summer unattended,
relax
or clamber without effor t on their
lonely
\Jld sustaining hillsides. Near the
peat bogs,
Where the early sun beats off the
Chi]t
ot night, an errant donkey, forefeet
tied With rags,
l:!J'ays at the Irish morning his
1
anirna1
t:,rotest against life's cruel cu1-taiJ.
ments,


\!Id comprehending no guilt, cries


penitence.
LORA D UN"1"'TZ.
- - ·- --- c, - -
American interest rates to rise.
Unemployment's cause
reading in the public schools extracts from the religious writings of
the Founding Fathers, Christians
On- the contrary, the President who believe that t hey are thereby
states that such a rise in long-term preserving our "spiritual heritage"
rates would "throw our economy had best recognize that their device
into reverse" and increase unem· for circumventing the Supreme Court
ployment. His reasoning may be also undercuts their o.wn doctrines,
doubted. The persistence of unem·
The confusion in the minds of so
ployment in the United States is due many Americans concerning the tento continuing upward pressure on ets of their own religious traditions
wages, to misguided efforts to hold and the beliefs of our 18th century
"minimum wages" at artificial lev- .leaders suggests that the total sepaels, and to extortionate corporate ration of church and state is long
and progressive income taxation overdue.
As Madison wrote, "The tendency
which the Administration's proposed
domestic tax program will do li t tle to a usurpation on one side or the
or nothing to cure.
other, or to a corrupting coalition or
If Washington wishes to promote alliance between them, will be best
furthe r economic expansion and at guarded against by an entire abstithe same time right the United nence of the Government from interStates balance-of-payments posi- ferenct in any way whatever, beyond
tion, it must abandon its blind f ith the necessity g_f preserving public
in easy money and deficit spend g ,order, and protecting each sect
as a cure-all.
against trespasses on its legal rights
The proposed tax on Ameri an by others."
ROBERT W, HANEY.
purchase of ,foreign securities will
Boston, July 22, 1963.
not restore ' faith in the American
dollar, the lack of which is at tile
Immigration Proposal
root of our difficulties. It is a To THE EDITOR OF THE NEW YORK TIMES:
sign of continuing weakness, not of
The belief that immigration under
strength. It is also, as The T imes President Kennedy's proposed new
points out, a blow against develop· immigration law will be limited to
ing a true international order where 165,000 persons a year is inaccurate.
currencies must be fully convertible
Under the proposed law, there is
and free.
to be unlimited immigration from
On international no less t han do· such places as the West Indies,
mestic grounds Congress should vote Mexico, Haiti, Latin America and
the proposal down as a dangerous the Western Hemisphere. In contrast
to this special privilege granted to
statist measure.
these countries, the only limitation
JOHN DAVENPORT,
New York, July 23, 1963.
is on European countries, and therefore there is no reason why practically the entire populations of
.Worthier Goal Than Moon
some of the Latin and Caribbean
T O TH.II EDITOl\ OF THE NEW YORK 'l'lMEs :
A leading space scientist was- re- countries may not eventually immicently asked: · ·rs it worth 10 billion grate here, in accordance with a
dollars to put an American on the growing tI·end.
moon?" He replied: "Possibly not.
Previous reform bills introduced
But it might be worth that ~s a by for mer Senator Herbert Lehman
national goal."
and R epresentative Celler proposed
Surely there are much more to eliminate these special privileges
worthy and urgent projects on earth for Western Hemisphere countries
in which our citizens would Unite. and put every country on an equal
General, human welfare is an ap· basis, but President Kennedy's bill
pealing and challenging national is not one of these. ALBERT MAYER,
goal that fo r life, liberty and tne Chairman, Immigration and Naturalization Committee, Federal
pursuit of happiness as well as for
Bar Association of New York,
world prestige far surpasses s.
New Jersey and Connecticut.
moon shot.
GBORGE T. SCOTT.
New York, July 25, 1963.
Upper Montclair, N .J. , July 24, 1963.
of the other side. The fact is that a
test ban is in the interests of both
sides. Not only as a step toward
other tension-reducing measures,
and not only for economic reasons,
bi:it because neither side can achieve
security by its efforts alone.
A t est ban will probably contrib·
ute to the understanding of that
fact by both Governments and both
peoples. It could indeed be a major
step forward toward sanity. Public
polls show that the United States
public understands that fact. The
test ban needs and should receive
the same strong support from · the
Senate.
WALTER SELOVE.
Havertown, Pa., July 25, 1963.
Weaning Cuba Away
TO THE Ell'!TOROFTlfEN°Ew YORK TBfES :
It is good when The New Yorlt
Times suggests the wisdom of "a
more relaxed relationship" with
Cuba, as you did in your July 19
editorial "Coexisting With Cuba." l
I would think tllat an improvement
in our attitude about Cuba and our
actions toward her would inevitably
bring about a decrease in Soviet influence there and have Cuba back
with the other American countries.
As a small stockholder in one of
the companies involved in the Cuban
"take-over," I do not find my com·
pany very mucll concerned or its
Cuban holdings very much of a financial issue. some -reimbursement
would probably be made by Castro
if the United States Government
worked on the ma,tter under "a more
relaxed relationsl1ip."
What you have suggested in your
editorial would seem a first step
toward the United States regaining
its position in Cuba and Soviet withdrawal.
CHARLES ·H . AL P,\CH.
Croton-on-Hudson,N.Y., July 19, 1963.
Demonstrating· in Uniform
To THE EDITO R OF TJ-IE NEw YORK TIMES :
Followed to its logical conclusio n, Defen se sec!'etary McNamara's
directive on ser\licemen and civil
rights demonstrations would bring
to our armed services the same
spirit, restraint aJ!d blind "I-followorders" obedience that permeated
the German Arm)' during Germany's
"J ewish trouble." '
A man may volunteer to serve his
country. By so d0 ing he offers his
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FORM 25-6
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88TH CONGRESS
lstSession
}
HOUSE OF REPRESENTATIVES { DocrnrnNT
No. 124
CIVIL RIGH TS
MESSAGE
F ROM
THE PRESIDENT OF THE UNITED STATES
REL A TIVE T O
CIVIL RI GHTS, AND A DRAFT OF A BILL TO ENFORCE THE CO NSTITUTIONAL RIGHT TO VOTE, T O CON FER JURISDICTION UPON
TI-IE DISTRICT COURTS OF TI-IE UNITED STATES TO PROVIDE
INJUNCTIVE RE LIEF AGAINST DISCRIMINATIO N +N PUBLIC
ACCOMMODATIONS, TO AUTHORIZE TI-IE ATTORNEY GENERAL
TO INSTITUTE SUITS TO PROTECT CONSTITUTIONAL RIGHTS IN
EDUCATION, TO ESTABLISH A CO MMUNITY RELATIONS SERVICE, TO EXTE ND FOR FOUR YEARS THE COM .MISSION ON CIVIL
RIGHTS, TO PREVENT DISCRIMINATIO N IN FEDERALLY ASSISTED PRO GRAMS, TO ESTABLISH A CO MMISSIO N ON EQUAL
EMPLOYMENT OPPORT UNITY, AN D FO R OTH ER P URPOSES
J UNE
19, 1963.- Refer rcd to the Committee on th e J ud iciary and ordered to
be .. printed
To the Congress of the United States :
Last week I addressed to the American people an appeal to conscience-a r equest for their cooperation in meeting the growing moral
crisis in American race r elations. I warned of "a rising tide of
discontent tha t threa tens th e publ_ic safety" in many parts of the
country. I emphasized that "the events in Birmingham and elsewhere have so increased the cri es for equality that no city or State or
legislative body can prudently choose to ignore them. " "It is a time
to act," I said, "in the Congress, in State and local legislative bodies
and, above all, in all of our daily lives."
· In t he days that have followed, the freclictions of increased violence
have been tragically borne out. The ' fires of frustration and discord"
have burned hotter than ever.
85011- 6 3 -1
�,r... _,. .
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-ill,JGHTS
. At the same in:ie, the response of the Am erican people to this appeal
to their principles and obligations has been Teassuring. Private
progress__:_by merchants and unions and local organizations-has
been marked, if not uniform, in many areas. Many doors long closed
to Negroes, North and South, have been opened. Local biracial
committees, under private and public sponsorship, have mushroomed.
The ma.yors of our major cities, whom I earlier addressed, have
pledged renewed ac tion. But persisting inequalities and tensions
make it clear that Federal action must lead the way, providing both
the N ation's standard and a nationwide solution. In short, the tin1e
has come for the Congress of the United States to join with the executive and judicial branches in making it clear to all that r ace has no
place in American life or law.
On F ebruary 28, I sent to the Congress a message urging the cnnc trn ent this year of three important pieces of civil rights legislat ion:
1. Voting.-Legislation to assure the availability to all of a b as ic
and powerful right-the right to vote in a free American electionby providing for the appointment of temporary Federal v otii:w
referees while votino- suits are proceeding in areas of demonstrated
need; by giving such suits preferential and expedited treatment in
the Federal comts; by prohibiting in Federal elections the application of differ ent tests and standards to different voter applicants;
and by providing that, in voting suits pertaining to such elections,
the completion of the si.-.::th grade by any applicant creates a presumption that he is literate. Armed with the full and equal right
to vote, our Negro citizens can help win other rights through political
channels not now open to them in many areas.
2. 'Civil Rights Oommission.-Legislation to renew and expand the
authority of the Commission on Civil Ri~hts, enablin~ it to serve as a
national civil rights clearinghouse offenng informat10n, advice, and
technical assistance to any public or private agency that so requests.
3. School desegregation.-Legislation to provide Federnl technical
and financial assistance to aid school districts in the process of desegregation in compliance with the Constitution.
Other measures introduced in the Coniress have nlso received the
support of this ad.ministration, including tnose aim.eel at assuring equal
employment opportunity.
Although these r ecommendations were transmitted to the Congress
some time ago, neither House has yet had an opportunity to vote on
any of these essential meas m es. The Negro's drive for justice,
however, has not stood still-nor will it, it is now clear, until full
equali ty is achieved. The growing and understandable dissatisfaction of Negro citizens with the presen t pace of desegregation, and
their increased determination to secme for themselves the equality
of opportunity and treatment to which they are rightfully entitled,
have underscor ed what should already have ·been clear : the necessity
of the Congress enacting this year-not only the measures aJrnady
proposed-but also additional legislation providing legal remedies
for the denial of certain individual rights.
The venerable code of equity law commands "for every wrong, a
remedy." But in too many communities, in too many parts of t he
country, wrongs are inflicted on Negro citizens for which no effective
r emedy at law is clearly and readily available. State and local laws
may even affirmatively seek to den y th e rights to which these citizens
I
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CIVIL RIGHTS
are fairly entitled-and this cn,n result only in a decreased respect for
the law and increased violations of the law.
In the continued absence of congressional action, too many State and local officials as well as businessmen will remain unwilling to
accord these rights to all citizens. Some local courts and local merchants may well claim to be uncertain of the law, while those merchants who do recognize the justice of the Negro's request (and I
believe these constitute the great majority of merchants, North and
South) will be fearful of being the first to move, in the face of official,
customer, employee, or competitive pressures. Negroes, consequently,
can be expected to continue increasi ngly to seek the vindication of
these rights tlu-ough organized direct action, with all its potentially
explosive consequences, such as we have seen in Birmingham, in
Philadelphia, in Jackson, in Boston, in Cambridge, Md., and in mn,ny
other parts of the country.
In short, the result of continued Federal legislative inaction will
be continued, if not increased, racial strife-causing the leadership
ou both sides to pass from the hands of reasonable and responsible
men to the purveyors of hate and violence, endangering domestic
tranquillity, r et::i.rding our Nation's economic and social progress and
weitkening the r espect with which the rest of the world regards us.
No -American, I feel sure, would prefer this course of tension, disorder,
and diYision- ancl the great majorit~, of our citizens simply cannot
accept it.
For these reasons, I am proposing that the Congress stay in session
this year until it has enacted-preferably as a single omnibus billthe most responsible, reasonable, and urgently needed solutions to
this problem, solutions which should be acceptable to all fair-minded
men. This bill would be known as the Civil Rights Act of 1963,
and would include-in addition to the aforementioned provisions on
voting rights and the Civil Rights Commission-additional titles on
public accommodations, employment, federally assisted programs, a
Community R elations Service, and education, with the latter including
my previous recommendation on this subject. In addition, I am
requesting certain legislative and budget amendments designed to
improve the trainin&', skills, and economic opportunities of the economically distressed. and discontented, white and Negro alike.
Certain executive actions are also reviewed here; but legislative action
is imperative.
··
J.
E QUAL A cco MMODATIONS 11-
PunLrc
FA CILITIES
Events of r ecent weeks have again underlined how deeply om
Negro citizens r esent the injustice of being arbitrarily denied equa.l
access to those facilities and accommodations which are otherwise
open to the general public. That is a daily insult which has no place
in a country proud of its heritage- the heritage of the melt,ing pot, of
equal rights, of one nation and one people. N o one has been barred
on account of bis race from fighting or dying for America-there are
no "white" or "colored" signs on the foxholes or graveyards of battle.
Smely, in 1963, JOO years after emancipation, it should not be necessary for any American citizen to demonstrate in the streets for the
opportunity to stop at a hotel, or to eat at a lunch counter in the very
department store in which he is shopping, or to enter a motion picture
�4
CIVIL RIGHTS
h~use, on th·e s111ne terms as any other customer. As I stated in my
message to the Congress of February 28, "no action is more contrary
to the spirit of our democracy and Cons titution-or more rightfully
resented by a Negro citizen who seeks only equal treatmen.t-than
the barring of that citizen from restaurants, hotels, theaters, recreational areas, and other public accommodations and facilities."
The U.S. Government has taken action through the courts and by
other means to protect those who are peacefully demonstrating t o
obtain access to these public facilities ; and it has taken action to bring
an end to discrimination in rail, bus, and airline terminals, to open up
restaurants and other public facilities in all buildings leased as well as
owned by the Federal Government, and to assure full equality of
access t-0 all federally owned parks, fores ts, and other recreational
areas. When uncontrolled mob action directly threatened the nondiscriminatory use of transpor tation facilities in Ma.y 1961, F e1eral
ma.rshals were employed to restore order and prevent potentially
widespread personal and proper ty damage. Growing nationwide
concern with this problem, however, makes it clear that further
Federal action is needed now to secure the right of all citizens to the
full enjoyment of all facilities which 11re open to the general public.
Such legisl11tion is clearly consistent with the Constitution and with
om· concepts of both human rights and property rights. The argument that such measmes constitute 11n unconstitutional interference
with property rights has consistently been rejected by the courts in
upholding ll1ws on zoning, collective bargaining, minimum wages,
smoke control, and countless other measures designed to make certain
that the use of private property is consistent with. the public interest.
While the legal situations are not parallel, it is interesting to iiote that
Abraham Lincoln, in issuing the Emancipation Proclamation 100 years
ago, was also accused of violating the property rights of slaveowners.
Indeed, there is an age-old saying that "property has its duties as well
as its rights"; and no property owner who holds those premises for the
purpose of serving at a profit the American public 11t la.rge can claim
11ny inherent right to exclude a part of that public on grounds of race
or color. Just as the law requires common c111Tiers to serve equally
n11 who wish theiT services, so it c11n require public 11ccommodations
to 11ccommod11te equally all segments of the general public. Both
lrn mn,n rights and proper ty rights are found11tions of om society- and
both will flourish as the result of this measure.
In a society which is increasingly mobile and in an economy which
is increasingly interdependent, bu.sine s establishments which serve
the public- such as hotels, rest11urants, theat ers, stores, and othersserve not only th e members of th eir immediate communities but
travelers from other tates and visitors from abroad. Their goods
come from all over tJ1 e I11,tion. This participation in the :flow of
interstate commerce has given these . business establishments both
increased prosperity and n.n increased responsibility to provide equal
access and service to all citizens.
Some 30 States,1 the District of Columbia, and numerous citiescovering some two-thirds of this country and well over two-thirds of
'Alaska, Onliforn la/ Oolorndo, Connecticut, I dn!Jo, llllnols,_Ind_lnnn, Iowa, Kansas, Main~ Morrlll.)ld,
Massachusetts, Mich gan, Mlnllesota, Montana, Nebraska, New Hompslure, Now Jersey, New Menco,
New York, North Dakota, Ohio, Oregon, P ennsylvania, Rhode Island, South Dakota, Vermont, Washington, Wisconsin, ancl Wyoming. Oltles with pt1bUc nccommoclations ordinances wWch are outside the
above States Include Washington, D.C., Wilmington, Del., Louisville, Ky., E l Paso, Tex., Kansas City,
Mo., and St. Louis, Mo.
�CIVIL RIGHTS
5
its people-have already enacted laws of varying effectiveness against
discrimination in places of public accommodation, many of them in
response to the recommendation of President Truman's Committee
on Civil Rights in 1947. But while their efforts indicate that legislation in this area is not extraordinary, the failure of more States to
take effective action makes it clear that Federal legislation is necessary.
The State and local approach has been tried. The voluntary approach
has been tried. But these approaches are insufficient to prevent the
free flow of commerce from being arbitrarily and inefficiently restrained
and distorted by discrimination in such establishments.
Clearly the Federal Government has both the power and the obligation to eliminate these discriminatory practices: first, because they
adversely affect the national economy and the flow of interstate commerce; and secondly, because Congress has been specifically empowered under the 14th amendment to enact legislation making certain
that no State law permits or sanctions the unequal protection or
treatment of any of its citizens.
There have been increasing public demonstrations of resentmen t.
directed against this 1..'i.nd of discrimination-demonstr_ations which
too often breed tension and violence. Only the Federal Governmen t,
it is clear, can make these demonstrations unnecessary by providing
peaceful remedies for the grievances which set them off.
For these reasons, I am today proposing, as part of the Civil Rights
Act of 1963, a provision to guarantee all citizens equal access to the
services and facilities of hotels, restaurants, places of amusement, and
retail establishments.
This seems to me to be an elementary right. Its denial is an arbitrary indignity that no American in 1963 should have to endure.
The proposal would give the person aggrieved the right to obtain a
court order against the offending establishment or persons. Upon
receiving a complaint in a case sufficiently important to warran t his
conclusion that a suit would materially further the purposes of the
act, the Attorney General-if he finds that t.he aggrieved party is
unable to undertake or otherwise arrange for a suit on his own (for
lack of financial means or effective representation , or for fe11,r of economic or other injury)- will first r efer the case for voluntary settlement to the Community Relations Service described below, give the
establishment involved time to correct its practices, permit State and
local equal access laws (if any) to Op()rate first, and then , and only
then, initiate a suit for compliance. In short, to the extent that these
unconscionable practices can be corrected by the individual owners,
localities, and States (and r ecent experience demonstrates bow effectively and uneventfully this can be done) , th e Federal Governm ent bas
no desire to intervene.
But an explosive national problem can not await city-by-city
solutions; and t hose who loudly abhor Federal action only in vite it
if they neglect or evade their own obligations.
This provision will open doors in every part of the country which
never should have been closed. It,s enactment will hasten the end to
practices which have no place in a free and united nation, and thus
help move this potentially dangerous problem from the streets to the
courts.
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CIVIL RIGHTS
II.
D ESEGRE GATIO N OF SCHOOLS
In my message of F ebrua.r y 28, while commending the progress
akeady made in achieving desegregation of education at all levels as
foquired by the Constitution, I was compelled to roint out the slowness
of progress toward primary and seconda,r y schoo desegregation. The
Supreme Court has recently voiced the same opinion. M any Negro
children entering segregated grade schools at the time· of the Supreme
Court decision in 1954 will enter segr egated high schools this year,
having suffered a loss which can never be regained. Indeed, discrimination in education is one basic cause of the other inequities and hardships inflicted upon our NegTO citizens. The lack of equal educational
opportunity deprives the individual of equal economic opportunity,
restTicts his contribution as a citizen and community leader, encourages
him to dTOp out of school and imposes a heavy burden on the effott to
elimin ate discrimin atory practices and prejudices from our nation al
life.
·
The F ederal courts, pursuant to the 1954 decision of the U .S.
Supreme Court and earlier decisions on institutions of higher learning,
have shown both competence and courage in directing the desegregation of schools on the local level. It is appropriate to keep this
responsibility largely within the judicial arena. But it is unfair and
unrealistic to expect that the burden of initiating such cases can be
wholly borne by private litigants. Too often those ·entitled to bring
suit on behalf of their children lack the economic ineans for instituting
and main taining such cases or the ability to withstand the personal,
physical, and economic harassment which sometimes descends upon
those who do ins titute them. The same is true of students wishing to
attend th e college of their choice but un able t o assume the burden of
litigation.
These difficulties are among the principal reasons for the delay in
carrying out the 1954 decision; and this delay cannot be justified to
those who have been hurt as a result. Rights such as these, as the
Supreme Court r ecently said, are "present rights. They are not
merely h opes to some fu ture enjoyment of some formalistic constitut ional promise. The basic guarantees of our Constitution are warrants for the here and now * * *."
In order to achieve a more ord erly and consistent complia.n ce with
the Supreme Court's school and college desegregation decisions, therefore, I recommend that the Congress assert its specific constitu tional
~u thority to implement the 14th amendment by including in th e Civil
Righ ts Act of 1963 a new title providing the following:
(A) Au thority would be given the Attorney General to initiate in
the Federal district courts appropriate legal proceedings against local
public school boards or public institutions of higher learning-or to
in tervene in existing cases-whenever(1) be has received a written complaint from students or from
the parents of students who are being den ied equal protection of
the laws by a segregated public school or college; and
(2) he certifies that such persons are unable to undertake or
otherwise arrange for the initiation and maintenance of such
legal proceedings for lack of financial means or effective legal
representation or for fear of economic or other injury ; and
(3) he determines that his initiation of or intervention in such
suit will materially further the orderly progress of desegregation
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7
in public education . For this purpose, the Attorney General
would establish criteria to determine the priority and relative
need for Federal action in those districts from which complaints
have been filed.
(B) As previously recommend ed, technical and financial assistance
would be given to those school districts in all parts of the country
which, voluntarily or as the result of litigation, are engaged in the
process of meetino- the educational problems flowing from desegregation or racial imbJance but which are in need of guidance, experienced
help, or financial assistance in order to train their personnel for this
changeover, cope with new difficulties and complete the job satisfactorily (including in such assistance loans to a distri ct where State or
loral funds have been withdrawn or withheld because of desegregation).
Public institutions already operating without racial discrimination,
of comse, will not be affected by this statute. Local action can always
make Federal action unnecessary. Many school boards have peacefully and voluntarily desegreo-ated in recent years. And while this
act does not include private c~leges and schools, I strongly urge them
to live up to their responsibilities and to recognize no arbitrary bar of
race or color-for such .bars have no place in any institution, least of
all one devoted to the truth and to the improvement of all mankind.
III.
F A IR AND FULL EMPLOYMEN T
Unemployment falls with special cruelty on minority groups. The
unemployment rate of N egro workers is more than twice as high as
that of the working force as a whole. In many of our larger cities,
both North and South, the number of jobless Negro youth-often
20 percent or more-creates an atmosphere of frustration, resentment,
and unrest which does not bode well for the future. Delinquency,
vandalism, gang warfare, disease, slums, and the high cost of public
welfare and crime are all directly related to unemployment among
whites and Negroes alike-and recent labor difficulties in Philadelphia
may well be only the beginning if more jobs are not found in the
larger northern cities in particular.
Employment opportunities, moreover, play a major role in determining whether the rights described above are meaningful. There is
little value in a Negro's obtaining the right to be admitted to hotels
and restaurants if be has no cash in his pocket and no job .
Relief of Negro un employment reqt1ires progress in three major
areas:
(1) More jobs must be created through greater economic growth.The Negro-too often unskilled, too of ten the first to be fired and the
last to be hired- is a primary victim of recessions, depr essed areas,
and unused industrial capacity. Negro unemployment will not be
noticeably diminished in this country until the total demand for labor
is effectively increased and the whole economy is headed toward a
level of full employment. 1Vhen our economy operates below capacity, Negroes are more severely affected than other groups. Conversely, return to full employment yields particular benefits to the
Negro. Recent studies have shown that for every 1 percentagepoint decline in the general unemployment rate there tends to be a
2 percentage-point r eduction in Negro unemployment.
Prompt and substantial tax reduction is a key to achieving the
full employment we need. The promise of the area redevelopment
�i
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CIVIL RIGHTS
program- which ha.m esses local initia tive town.rd the solution of
deep-seated economic distress-mus t no t be stifled for want of
sufficient authorization or adequate finan cing. The accelerated
public works program is now gaining momentum; States, cities, and
local communities should press ahead with the projects financed by
this measure. In addition, I have instructed the Departments of
Labor, Commerce, and Health , Education, and Welfare to examine
how their programs for the relief of unemployment and economic
hardship can be still more intensively fo cused on those areas of hardcoi:e, long-term unemployment, · among both white and nonwhite
workers. Our concern with civil rights must not cause any diversion
or dilution of our efforts for economic pro~E~ss-for without such
progress the Negro's hopes will remain unfu1111led.
(2) J..101·e education ancl tmining to raise the level of skills.-A clistressing number of unemployed Negroes are illiterate and unskilled,
r efugees from farm automation, unable to do simple computations or
even to read a help-wanted advertisement. Too many are equipped
to work only in those occupations where technology and other changes
have reduced the need for manpower-as farm labor or manual labor,
in mining or construction. Too many have attended segregated
schools that were so lacking to adequate funds and faculty as to be
unable to produce qualified job applicants. And too many who have
attended nonsegregated schools dropped out for lack of incentive,
guidance, or progress. The unemployment rate for those adults with
less than 5 years of schooling is a.round 10 percent; it has consistently
been double the prevailing rate for high school graduates; and studies
of public welfare recipients show a shockingly high proportion of
parents with less than a primary school education.
Although the proportion of Negroes without adequate education
and training is far higher than the proportion of whites, none of these
pro bl ems is r estricted to Negroes a.Ione. This Nation is in critical
need of a massive upgrading in its education and training effort for all
citizens. In an age of r apiclly changing technology, that effort today
is failin g millions of our youth. It is especially failing Negro youth
in segr egated schools and crowded slums. If we are ever to lift them
from the morass of social and economic degradation, it will be th.rough
the strengthenin~ of our edu cation and trainin g services-by improving the quality of instruction; by enabling our schools to cope
with rapidly e:;,.J)anding enrollm ents;. and by increasing op:portunities
and incentives for all individuals to complete their educat10n and to
con tinue their self-development during adulthood.
I have ther efore reques ted of the Congress and r equest again today
the enactment of legislation to assist education at every level from
grade school through graduate school.
I have also .r equested the enactment of sever al measures which
provide, by various means and for various age and educational groups,
expanded job training and job experience. Today, in the new and
more urgen t context of this message, I wish to renew my request for
these measures, to expand their l?rospective operation and to supplemen t them with additional provisions. The additional $400 million
which will be r equired beyond that contained in the J anuary budget
is more t han offset by the various budget reductions which I have
already sen t to the Congress in the last 4 months. Studies show,
moreover, that the loss of 1 yea1s income clue to unemployment is mo1'e
--
�CIVIL R.IGH'l'S
9
(han the total cost of 12 years of education through high school; and, when
. welfare and other social costs are added, it is elem· that failure to take
{hese steps will cost us far more than thefr enactment. There is no more
profitable investment than educa tion, and no greater waste than ill-
I
trained youth.
Specifically, I now propose:
(A) That additional funds be provided to broaden the manpower
de velopment ancl tmining program, and that the act be amended, not
only to increase the authorization ceiling and to postpone the effec.:
tive date of State matching r equirements, but also (in keeping with
the recommendations of the President's Committee on Youth Employment) to lower the age for training allowances from 19 to 16, to
allocate funds for literacy training, an d to permit the payment of a
higher proportion of the program's training nllowances to out-of-school
youths, with provisions to assure t.lrnt no on e drops out of school t.o
t ake :idvimtage of this progmm ;
. .
(B) That additional funds be provided to finnnce the pending
uouth emvloymerit bill, which is designed to channel the energies of
ou t-of-school, out-of-work youth into the constructive outlet offered
by hometown improvement proj ects and conservation work;
(C) That t,h e pending vocational education amendments, which would
greatly update nnd expimd this progmm of teaching job skills to those
in school, be strengthened by the nppropriation of additional funds,
with some of the added money em·marked for those areas with a high
incidence of school dropouts and youth unemploym ent, and by the
addition of a new program of demonstration youth train.ir1g projects
t o be conducted in these ar eas;
·
(D) That the vocational education progrnm be furth er amended to
provide a worlc-study vrogram for youth of high school age, with F edernl
funds helping their school or ot,her local public agency employ them
part time in order to ennble and encourage them to coinplete their
training;
.
(E) That the ceiling be raised on the adillt basic education provisions in the pending education progrnm, in order to help the States
ten.ch the fund amental tools of li teracy and learning to culturally deprived adults. More than 22 million Americm1S in nll parts of th e
country have less than 8 yenrs of schooling; nnd
(F) That the public welfare worlc-reli~f ancl training program, which
the Congress added last year, be amended to provide Federal fin ancing
of the supervision and equipment costs, and rnore F ederal demonstration and training proj ec ts, thus enco uraging Sta.te and locnl welfare
agencies to put employable but unemployed welfare recipients to work
on local proj ects which do not displace ot,her workers.
To make the above r ecommendations effective, I call upon more
States to adopt enabling legislation covering un employed fathers
under the aid-to-dependent children program, thereby gaining their
services for "work-relief" jobs, and tq moYe ahead more Yigorously
in implementing the manpower deYelopment and tru.ining program.
I am asking the Secretaries of Labor and HEW to make use of th eir
authority to deal directly with communities and yocationa.1 schools
whenever State cooperation or progress is insufficient, particularly in
_those areas where youth unemployment is too high. AboYe all , I urge
the Congress to enact all of these measures with aln.crity and foresight.
H. Doc. 124, 88-1 - 2
�-
10
CIVIL RIGHTS
For even the complete elirnination of ra cial discrimination in employment-a goal toward which this Nation mus~ strive (as discussed
below)-will not put a single un employed Negro to work unless he
has the skills required and unl ess more jobs hav'e been created-and
thus the passage of the legislation described above (under bo th secs.
(1) and (2)) is essential if the obj ectives of this message are to be met.
(3) Finally racial discrimination in employment must be eliminated. D enial of the right to work is W1fair, regardless of its victim. It is
doubly unfair to throw its burden on an individual because of his race
or color. . Men who served side by side with each other on the field of
battle should have no difficul ty working side by side on an assembly
l~ne or construction project.
·
'fherefore, to combat this evil in all par ts of the country,
(A) The Committee on Equcil Employment Opportunity, under the
chairmanship of the Vice President, should be given a permanent
statutory basis, assuring it of adequate financing and enforcement
procedures. That Committee is now stepping up its efforts to remove
rncial barriers in the hiring practices of Federal depa.r tments, agencies,
and Federal contractors, covering a total of some 20 million employees
and the Nation's major employers. I have requested a company-bycompnny, plant-by-plant, union-by-union 1;eport to assme the implementation of this policy.
(B) I will shortly issue an Executive order extending the authority
of the Committee on Equal Employment Opportunity to include the
construction of buildings and other facili ties undertaken wh olly or in
past as a result of F ederal grant-in-aid programs.
. (C) I have directed that all F ederal construction programs be
review.eel to prevent any racial discrimination in hiring!ractices, either
directly in the rejection of presently available qualifie Negro workers
or indirectly by the exclusion of Negro applicants for apprenticeshi p
training.
(D) I have dil'ected the ecr'etary of Labor, in the conduct of his
duties under the Federal Apprenticeship Act and E xecutive Order
No. 10925, to require that the admission of young workers to apprenti ceship programs be on a completely nondiscriminatory basis.
(E) I have dii-ectecl the Secretary of Labor to make certain that the
job counseling and placement responsibilities of the Federal-State
Employment Service a.r e carried out on a nondiscriminatory basis, a.n d
to help assure that full and equal employment oppor tunity is provided
nil qualified Negro applicants. The selection and referral of applica,nts for employment and for training opportunities, and the administration of the employment offices' other services a.nd facilities,
must be carried on witho ut regaTd to race or color. This will be of
special importance to Negro es graduating from hi gh school or college
this month.
(F) The Departn.1ent of Justice has intervened in a case now pendino- before the NLRB involviug charges ofracinl discrimination on the
part of certain union locals.
(G) As a part of its new policy on Federal em ployee organizations,
this Government ,vill recognize only those that do not discriminate on
grounds of mce or color.
(H) I have called upon t he leaders of organize<l labor to. end discrimination in their membership policies; and some 118 unions1
representing 85 percent of the AFL--CIO membership, have signea
�CML RIGHTS
i
11
nondiscrimination agreements with the Committee on Equal Emplojrme'nt Opportunity. More are expected.
(I) Finally, I renew my support of pending Federal fair employment
practices legislation, applicable to both employers and unions. Approximately two-thirds of the Nation's labor force is already covered by
Federal, State, and local equal employment opportunity measures_.:..__
including those employed in the 22 States and numerous cities which
hav·e enacted such laws as well as those paid directly or indirectly by
Federal funds. But, as the Secretary of Labor testified in Januar)'
1962, Federal legislation is desirable, for it would help set a standarcl
for all the Nation and close existing gaps.
This problem of unequal job opportunity must not be allowed to
grow, as the result of either recession or discrimination. I enlist
every employer, every labor union, and every agency of governmentwhether affected directly by these measures or not-in the task of
seeing . to it that no false lines ar e drawn in assuring equnlity of the
right and opportunity to make a decen t living.
IV.
COMMUNITY RELATIONS SERVICE
I lrnxe rep eatedly ·stressed the fact that progress in race r elations,
while it cannot be delayed, can be more solidly and more peacefully
nccomplished to the extent that legislation can be buttressed by
voluntary action. I have urged each member of the U.S. Conference
of Mayors to establish biracial human relations committees in every
city; and I hope all communities will establish such a group, preferably
through official action. Such a board or committee can provide
invaluable services by identifying community tensions before they
reach the crisis stage, by improving cooperation and communication
between the races, and by advising local officials, merchants, and
organizations on the steps which can be taken to insure prompt
progress.
A similar agency is needed on the Federal level- to work with these
local committees, providing them ,vith advice and assistance- to work
in those commw1ities which lack a local committee-and generally to
help ease tensions and suspicions, to help resolve interracial disputes
and to work quietly to improve r elations in any community tbreatened
or torn with strife. Such an effort is in no way a substitute for effective legislative guarantees of human rights. But conciliation and
cooperation can facilitate the achievement of those rights, enablin g
legislation to operate more smoothly and more effectively.
The D epartment of Justice and its Civil Rights Division have
already performed yeoman service of this nature, in Birmingham, in
J ackson, and throughout the country. But the problem has grown
beyond the time and energies which a few otherwise burdened officirtls
can make available- and, in some areas, the confidence of all will be
greater in an intermediary whose duti es are completely separated
from departmental functions of investigation or litigation.
It is my intention , therefore, to establish by Executive order (until
such time as it can be created by statute) an independent Community
Relations S ervice- to fulfill the fun ctions described above, working
through regional, State, and local committees to the extent possible,
and offering its services in tension-torn communi ties either upon its
own mot.ion or upon the request of a local official or other party.
�12
CIVIL RIGHTS
Authority for such a Service is included in the proposed omnibus bill.
It will work without publicity and hold all information imparted to
its officers in. strict confidence. Its own resources can be preserved
by its encouraging and assisting the creation of State and local committees, either on a continuing basis or in emergency situations.
Without powers of enforcement or subpena, such a Service is no
substitute for other measures; and it cannot guarantee success. But
dialogue and discussion are always better than violence-and this
agency, by enabling all concerned to sit down and reason together, ,
can plfty a major rol e in achieving peaceful progress in civil rights.
V.
FEDERAL PROGRA.i\lS
Simple justice requires that public funds ,' to which all taxpayers of
all races contribute, not be spent in any fashion which encourages,
entrenches, subsidizes, or results in racial discrimination.' Direct discrimination by F ederal, State, or local governments is prohibited by
the Constituti9n. But indirect discrimination, th.rough the· use of
Federal funds, is just as invidious; and it should not be necessary to
resort to the courts to prevent each individual violation. Congress
and the Executive have their responsibilities to uphold the Constitution also; and, in the 1960's, the executive branch has sou~ht to
fulfill its responsibilities by banning discrimination in federally financed housing, in NDEA and NSF institutes, in federally affected
employment, in the Army and Air Force Reserve, in the training of
civilian defense workers, and in all federally owned and leased facilities.
Many statures providing Federa.l financial assistance however,
define with such precision both the administrator's roie and the
conditions upon which specified amounts shall be given to designated
recipients that the amount of administrative discretion remainingwhich might be used to withhold funds if discrimination were not
ended- is at best questionable. No administrator has the unlimited
authority to invoke the Constitution in opposition to the mandate
of the Congress. Nor would it always be helpful to require unconditionally-as is often proposed-the wi thdrawal of all Federal funds
from programs urgently needed by Negroes as well as whites ; for
this may only penalize those who least deser ve it without ending
discrimination.
Instead of permitting this issue to become a political device often
exploited by those opposed to social or economic progress, it would
be better at this time to pass a single comprehensive provision making
it clear that the Federal Government is not r equired, under any
statute, to furnish any kind of financial assistance-by way of grant,
loan, ?0!1tra_ct, gt~aranty 1 ins~ua1;1c~ or_ otherwise- to ~ny program
or activity ill which racial discrrmU1at10n occurs. This would not
permit the Federal Government to cut off all Federal aid of all kinds
as a means of punishing an area for the discrimination occurring
therein- but it would clarify the authority of any administrator with
respe?t to Federal funds or financial assistance and discriminatory
practices.
CoNcLusro
Many problems remain that cannot be ignored . The enactment of
the legislation I have recommended will not solve all our problems of
race relations. This bill must be supplemented by action in every
�CIVIL RIGHTS
13
branch of government at the F ederal, State, and local level.' It must
be supplemented as well by enlightened private citizens, private
businesses and private labor and civic organizations, by responsible
educators and editors, and cer tainly by r eligious leaders who r ecognize
the conflict between racial bi0 ·otry and the Holy Word.
This is not a sectional prob1em- it is nationwide. It is not a partisan problem. The proposals set forth above arn based on, a careful
consideration of the views of leaders of both par ties in both Houses
of Congress. In 1957 and 1960, members of both parties rallied
behind the civil rights measures of my predecessor; n,nd I am cer tain
that this tradition can be continued, as it has in the case of world
crises. A national domestic crisis also calls for bipartisa.n unity and
solutions.
We will not solve these problems by blaming any group or section
for the legacy which has beerr handed down by past &enerations. But
neither will these problems be solved by clinging to tne patterns of the
past. Nor, finally, can they be solved in the streets, by lawless acts
on either side, or by the physical actions or presence of any private
group or public official, however appealing such melodramatic devices
may seem to some.
Durino- the weeks past, street demonstrations, mass picketing, ana
parades have brought these matters to the Nation's attention in dramatic fashion in many cities throughout the United States. This has
happened because these racial injustices are real and no other remedy
was in sight. But, as feelings have risen in recent days, these demonstrations have increasingly endangered lives and property, inflamed
emotions and unnecessarily divided communities. They are not the
way in which this country should rid itself of r acial discrimination.
Violence is never justified ; and, while peaceful communication,
deliberation, and petitions of pro test con tinue, I want to caution
against demonstrations which can lead to violence.
This problem is now before the Congress. Umuly tactics or pressures will not help and may hinder the effective consideration of
these measures. If they are enacted, there will be legal remedies
available; and, therefore, while the Congress is completing its work,
I urge all community leaders, Negro Emel white, to do their utmost to
lessen tensions and to exercise self-restraint. The Congress should
have an opportunity to freely work its will. M eanwhile, I strongly
support action by local public officials and mer chants to remedy these
grievances on their own.
The lea-al remedies I have proposed are the embodiment of this
Nation's basic posture of commonsense and common justice. They
involve every American's right to vote, to go to school, to get a job
and to be served in a public place without arbitrary discriminationrigh ts which most Americans take for granted.
In short, enactment of the Civil Rights Act of 1963 a t this session
of the Congress- however long it may take and .however troublesome
it may be- is imperative. It will go far toward providing r easonable
men with the r easonable means of meeting these problems; and it will
thus help end the kind of r acial strife whi.ch this Nation can h ardly
afford. R ancor, violence, disunity, and national shame can only
hamper our national standing and security. To par aphrase the
words of Lincoln; "In giving freedom to the Negro, we assure freedom
to the free-honorable alike in what we give and what we preserve."
�14
CIVIL RIGHTS
I therefore ask every Member of Congress to set aside sectional
and political ties, and to look at this issue from the viewpoint of the
Nation. I ask you to look into your hearts-not in search of charity,
for the Negro neither wants nor needs condescension-but for the one
plain, proud, and priceless quality that unites us all as Americans; a
sense of justice. In this year of the emancipation centennial, justice
requires·us to insure the blessings of liberty for all Americans and their
posterity-not merely for reasons of economic efficiency, world
diplomacy, and domes t.ic tranquilit,:v- hut, above all, because it is
right.
JOHX F. KENN EDY.
Trm vVmTE HousE, J nne 19, 1963.
A BlLL 'l'o en force the constitut.ionnl right to vote/ to confer jurisdiction 11pon the district courts of the
'l'nlted States to provide lujunotivc relief aga inst c iscrimination in pu blic accommodations, to authorize
the Attorney General to institute suits to protect constitutional rights in educa tion, to establish a Community Relations Service, to extend for fou r years the Commission on Civil Rights, to prevent discrimination in federally assisted programs, to establish a Com mission on Equal Employmm1t Opportu11itr,
nnd for other purposes
Be it enacted by the S enate and l-1011.se of Representatives of the United States of
America in Congress assembled, Th at this Act may be cited as the "Civil Righ ts
Act of 1963."
SEC. 2. (a) Discrimiuation by reason of ra ce, color, religion, or national oriµ;in
is incompatible with the concepts of liberty and equality to which the Government of the United States is dedi cat ed. In recent years substantial steps h ave
been taken toward eliminating such discrimination throughout the Nation.
N everth eless, ma ny citizens of the United States, solely because of their race ,
color, or national origin , are denied rights a nd privileges accorded to other citizens a nd thereby subj ect ed to inconvenien ces, humilia tions, and hardships.
Such discrimination impairs t he general welfare of the United States by . preventing the full est development of the capabilities of th e whole citizenry a nd by
limiting participation in the economic, political, an d cultural life of t h e N a.tio11.
(b) It is hereby declared to be the policy of thi s Act to promote the general
welfare b y eliminating d i crimin ation based on race, color, religion, or national
origin in voting, education, a nd public accommodations through the exercise by
Congress of the po11·ers conferred npon it t o regulate the manner of holding
Federal elections, to enforce t he provisions of t he fourteenth and fifteenth amendments, to regulat e commerce among t he se veral States, and to make laws necessar y
and proper to execute t he power conferred upou it by th e Constitution.
(c) It is a lso desirable t hat clisplltes or disagreements ari. ing in any community
from the discriminatory trea tment of ind ividuals for reasous of race, color, or
national origin shall be resolved on a \·oluutary basis, without hqstility or litigation. Accordingl y , it is t he fur t hf' r pmpo. c of this Act to promote thi s end by
providing mach inery for t he volu ntary settlement of such di spu tes and disagreements.
TITLE I- VOTL
RI GHTS
~a
/
SEC. 101. Section 200-1- of t he Revised , 'tat utes (J2 U .S. C. J071), as amended
by section 131 of th e Civi l R ights Act of 1957 (il Stat. 637), and as furth er
amended by section 60 1 of t he Civi l R igh t Act of l!J60 (74 Stat . 90), is furth er
amended as follows :
(a) Inser t "l" after "(a)" in subsection (a) and add at th e end of subsection (a)
th e following new paragraph s:
"(2) No p erson acting under color of la\1· shall"(A) in det er1:~ining whether a ny i1idividual is qu alified under St ate law
t0 vote in an y 1' ederal election appl y any standard , practice, or proced ure
d ifferent from th e , tanrla rrls, prncticPs, or procerl11res appli ed to inclivicl11nls
similal'ly sltuaLed who have lwi, n fo1111d b.r Htnte officials to be qualified to
•p t e .
"( B) dony t ho ri ght of an y indi vid unl t o vole in any F eQ/ll'[l l r.lco f.i on ]ic:
ca u e of an error or omission· of ~uch individual on a nv 'record or pa per relatin g to u. 11 y uppll cu;Liou, r cg iAt 1't.l. Li o 11 , JJ lty 111 0 11 t, o f p o ll °Lu.x, or o t,her u ol, re qqi -
RiLe to voting, if such P1Tor or omission iR not mate rial in de termining whether
such ludivldua l I. qua lified undPr Hl nt e la\\' to vote in such election; or
�CIVIL RIGHTS
15
" (C) employ any literacy t est as a qua lification for vot ing in any Federal
elect ion unless (i) such test is a dministered t o each individual wholly in
,yr iting and (ii) a certified copy of the test and of t he answers given by the
in dividual is fu rnished t o him within twenty-five days of the submission of
his written request made wit hin t he period of t ime during which records and
papers are required to be retained and preserved pursuant to t it le III of t he
. Civil Rights Act of 1960 (42 U.S.C. 1974- 74e; 74 Stat. 88) .
" (3) For purposes of this subsection"(A) the term 'vote' sha ll ha ve t he same meaning as in subsection (e) of
t his section;
"(B) t he words 'Federal election ' sha ll have t he same meaning as in subsection (f) of t his section; and
."(C)" t he phrase 'literacy t est' includes a ny t est of t he ability to read,
write, understand, or interpret any matter."
(b) Insert immediately following t he period at t he end of the first sentence of
subsection (c) t he following new sentence : " If in any such proceeding literacy is a
relevant fact it shall be presumed t hat any p erson who has not been adjudged an
incompetent and who has completed the sixth grade in a p ublic school in, or a
private school accredited by, any State or t erri tory or the District of Columbia
where instruction is carried on predominantly in t he E nglish language, possesses
sufficient literacy, comprehension, and intelligence to vote in any Federal elect ion
as defi ned in subsection (f) of t his section."
(c) Add t he following subsection "(f) " and designate the present subsect ion
"(f) " as subsect ion "(g)";
" (f) Whenever in any proceeding instituted pursuant t o subsection (c) t he
complaint requests a finding of a pattern or practice pursuant to subsect ion (e) ,
and such complaint, or a motion filed within twenty days after t he effective date
.of this Act in t he case of any proceeding which is pending before a district court
on such effective date, (1) is signed by t he Attorney General (or in his absence
t he Acting Attorney General) , and (2) alleges that in t he affected area fewer t han
15 per centum of t he tot al n umber of voting age persons of the same race as t he
p ersons alleged in the complaint to have been discriminated against ar e registered
(or otherwise recorded as qualified to vote) , any person resident within t he
affected a rea who is of the same race as t he persons alleged to have been discriminated against shall be entitled, upon bis applicat ion t herefor, to an ··order
declaring him qualified to vote, upon proof tha t at any election or elect ions (1) he
is qualified under State law t o vote, and (2) he bas since the filin g of the proceeding
under subsection (c) been (A) deprived of or denied under color of law t he
.opportunity t o register t o vote or ot herwise to q1,ialify to vote, or (B) found not
qualified to vote by any person act ing under color of law. Such order shall be
effective as to any F ederal or State election held within t he longest p eriod for
which such applicant could have been registered or otherwise q ualified under
State law at which the applicant's qualificat.ions would under State law ent itle
him to vote : P rovided, That in the event it is determined upon final disposition
of the proceeding, including any review, that no pattern or practice of deprivat ion
of any right secured by subsection (a) exists, t he order shall thereafter no longer
qualify t he applicant to vote in any subsequent election.
" Not withst anding an y inconsistent p rovi1;ion of State law or t he action of any
State officer or court, an applicant so declared qualified to vote shall be permitted t o vote as provided herein . T he Attorn ey General shall cause to be
transmitted cer tified copies of any order declar ing a person quali.fied t o vote to
the appropriate elect ion officers. The refusal by anv such offi cer with not ice of
such order t o p ermit an y person so qu alified to vote at an appropriate election
shall constitute con tempt of court.
"An ap plication for an order pursuant t o t his subsccLion shall be hear d within
t en days, and the execut ion of any order disposing of such application shall not
biystayed if the effect of such stay would be to delay t he effectiveness of the_ order
beyond t he date of any election at which the applicant would otherwise be
enabled to vote.
" The court may appoint one or more persons, t o be known as t emporar y vot ing
referees, t o receive applications pur ua nt t o this subsection and to take evidencr. and
report t o the court fin dings as to whether at an y election or elections (1) any
applicant entitled under t his subsection to apply for an order declaring him
qualified to vote is qualified under State Jaw to vote, and (2) he has since t he
filing of the p roceeding under subsection (c) been (A) deprived of or denied under
color of law t he opp ortunity t o registei· t o vote or ot herwise t o qualify t o vote, or
(B) found not qualified t o vote by any person acting under color oi law. T he
�16
CIVIL RIGHTS ·
procedure for processing applications under this subsect ion .and· for the -entry of
orders shall be the same as that pro vided for in the fourth and fifth paragraphs of
subsection (e).
.
.
"In appointing a temporary voti ng referee the court shall make its selection
from a panel provided by the Judicial Conference of the circui t. Any temporar y
voting referee shall be a resident a nd a qualified voter of the State in which he is
to serve. He shall subscribe to the oath of office required by section 17 57 of the
Revised Statutes (5 U.S.C. 16) , and shall to the extent not inconsistent herewith
have all the powers conferred upon a master by rule 53(c) of the Federal Rules
of Civil Procedure. The compensation to be allowed any persons appointe d by
the district court pursuant to this subsection shall be fixed by the court and shall
be payable by the United States. In the eve nt that the district court shall appoint
a retired officer or employee of the United States to serve as a temporary voting
refere e, such officer or employee shall continue to receive, in addition to an y
compensation for services rend ered purs uant to t his subsection, all retirement
benefits to which he may otherwise be entitled.
·
" The court or temporary voting referee shall ente rtain applications and the
court shall issue orders pursuant to this subsection until final disposition of the
proceeding under subsection (c), including any review, or until the finding of a
pattern or practice pursuant to subsection (e), whichever shall first occur. App lications pursuant to this subsection shall be determined expeditiously, a nd this
subsection shall in no way be construed as a limitation upon the existing powers
of the court.
" When used in this subsection, the words 'Federal election' shall mean any
general, special, or primary election held solely or in part for the purpose of
electing or selecting any candidate for the office of President, Vice President,
presidential elector, Member of the Senate, or Member of the House of Repre·sentativcs; the words 'State election' shall mean ai1y other general, special, or
primary election held solely or in 1)art for the purpose of electing or selec ting any
candidate for public office; the words 'affected area' shall mean that county,
parish, or similar subdivision of the State in which the la ws of the State relating
to voting are or have been admin ist ered by a person who is a defend ant in the
proceeding instituted under subsection (c) on the elate th e original complaint is
filed; and the words 'voting age persons' shall mean those persons who meet the
1
age requirements of State law for voting."
(cl) Adel the followin g subsection " (h) ":
"(h) In any civil action brought in any district court of the Un ited States
under this section or title III of the Civil Rights Act of 1960 (42 U.S. C. l974-74e ;
74 Stat. 88) wherein the United States or the Attorney General is plaintiff, it
shall be the duty of the chief judge of the district (or in his absence, the acting
chief judge) in which the case is pending immediat ely to designat e a judge in such
district to hear and determine the case. In the event that no judge in the district
is available to hear an d det ermine the case, the chief judge of the district, or the
acting chief judge, as the case may be, shall certify this fact to the chief judge
of the circuit (or in his absence, the acting chief judge) who shall then designate
a district or circuit judge of the circuit to hear a nd det ermine the case .
"It shall be the duty of the judge designated pursuant to this section to assign
t he case for hearing a t the earliest practic able d a te a nd to cause the case to be in
every way expedited ."
..
TITLE II- INJUKCTIVE RELIEF AGAINST DIS CRIMI KATIO N IN
PUBLIC ACCOMMODATIOKS
F I ND I NGS
SEC. 201. (a) The America n people have become increasingly mobile dming
tho last generation, a nd millions of Ameri can citi zens travel each year from State
to S-tat e by rail, a ir, bus, automobile, and other mea ns. A substanti al number of
such travelers are members of mi nority racial an d religious groups. These citizens, parti cul arly Negroes, a rc subj ec ted in ma ny places to discrimin ation a nd
segregation, and they are frequently un able to obtain the goods a nd services
availa ble to other interstate travelers.
(b) Negroes an d members of other minority groups who travel interstate are
frequently una ble to obtain adequate lodging acco mmod ations during their
travels, with the res ul t that they may be compelled to stay a.t hotels or motels of
poor and inferior quality, travel great distances from their norm al routes to find
adequ at e accommodations, or make det ailed arrangements for lodging far in
adva nce of scheduled interst at e travel.
�CIVIL RIGHTS
17
(c) Negroes aud members of other minority groups who travel interst at e are
frequentlf unable to obtaiu adequat e food service at convenient places along their
routes, with the result that many are dissuaded from traveling interstate, while
others must travel considerable distances from their intended routes in order to
obtain adequat e food service.
(dJ Goods, ser vices, and persons in the amusement and entertainment indu. tries commonly move in interstate commerce, and t he entire American p eople
benefit from the increased cult ural and recreational opport unities afforded thereby. Practices of audience discrimination and segregation artificially r estrict the
number of persons to whom the interst ate amusement and entertainment indust ries may offer t heir goods and services. The burdens imposed on interstat e commer ce by such practices and the obstructions to the free flow of commerce wh ich
r esult therefrom are serious and substantial.
(e) Retail establishments in all States of the Union purchase a wide variety and
a large volume of goods from business concerns located in other States and in
foreign n ations. Discriminatory practices in such est ablishments, which in some
instances have led to the withholding of patronage by those affected by such
practices, inhibit and restrict the normal distribution of goods in the interst ate
market.
(f) Fraternal, religious, scientific, and other organizat ions engaged in interst at e operations are frequently dissuaded from holding conventions in cit ies which
they would otherwise select beca.use t he public facilities in such cities are either
not open to all m embers of racial or religious minority groups or are available
on a segregated basis.
(g) Business organizations are frequently hampered in obtaining t he servi ce·
of skilled workers and persons in the professions who are likely to encount er discrimination based on race, creed, color, or national origin in rest aurant s, ret ail
stores, and places of amusement in t he area where t heir services are needed.
Business organizat ions which seek t o avoid subjecting t heir employees t o such
discrimination and to avoid the strife resulting therefrom are restrict ed in t he
choice of location for their offices and plants. Such discriminat ion thus r educes
the mobility of the national labor force and prevents the most effective aJlocation
of national resources, including the interstate movement of indust ries, p articularly
in some of the areas of the Nation most in need of indust rial and commer cial
expansion and development.
(h) The discriminatory pract ices described aboYe are in all cases encouraged,
fost ered, or tolerated in some degree by the government al aut horities of the
Stat es in which t hey occur, which license or protect the businesses involved by
means of laws and ordinances and the activit ies of their executive and judicial
officers. Such discriminatory practices, part icularly when their cumulative effect
throughout t he Nation is considered, t ake on t he character of act ion by t he States
and t herefore fall wit hin t he ambit of the equal protection clause of the fo urteent h
amendment to t he Constitut ion of t he Unit ed States.
(i) The burdens on and obst ruct ions t o commerce which are described above
can best be removed by invoking t he powers of Congress under the fo urteent h
amendment and the commer ce clause of t he Constitut ion of t he United States
to prohibit discrimination based on race, color, religion, or national origin in
certain public est ablishment s.
R I GHT TO NOND I SCRUJI N A'l' IO N I X PLM ' E S O l•' P URLI C ACCO MMO DATI O N
SEc. 202. (a) All persons shall be ent itled, without discrimination or segregation on account of race, color, religion, or national origin, to t he full and equal
enjoyment of the goods, services, fac ilit ies, privileges, advantages and accommodations of the following public establishments :
(1) any hotel, motel, or ot her public place engaged in furnishing lodging
to transient guests, including guests from ot her States or traveling in interstate commerce;
(2) any motion picture house, theater, sport 11rena, stadium, exhibit ion
hall, or other p ublic place of amusement or entertainmen t which customarily
p resents mot ion pictur s, perfo1:ming groups, athletic team , exhibit ions, or
other sources of entertainment which move in interstate commerce; and
(3) any retail shop, department store, mar ket, dru g store, gasolin e station, or other public place which keeps goods for sale, any restaurant , lunch
room, lunch counter , soda fo untain, or other public p lace engaged in selling
food for consumpt ion on t he premises, and an y other e tablishment where
goods, services, facilities, privileges, advantages, or accommodations are
held out t o t he public for sale, use, rent, or hire, if-
�18
CIVIL RIGHTS
(i) the goods, services , facilities, privileges, advantages, or accommoda tions offered by any such place or establishment are provided to a
substantial degree to interstate travelers,
(ii) a substantial portion of a ny goods held out to the public b y any
such place or establishment for sale, use, rent, or hire has moved in
interstate commerce,
(iii) the activities or operations of such place or est ablishment otherwise substantially affect interstate trave l or the interstate movement of
goods in commerce, or
(iv) such place or establishment is a n integral p art of an establishment included under this subsection.
For the purpose of this subsection, t he t erm " integral p art" means physically
located on the premises occupied by a n establishment, or located contiguous to
such premises an d owned , operated, or controlled, directly or indirectly, b y or for
the benefit of, or leased from the persons or business ent it ies which own, operate,
or control an establishment.
(b) The provisions of this title shall not a pply t o a bona fid e priva te club or
other establishment not open to the public, except to the extent that the facilities
of such establishm ent are made available to the cus tomers or pa t rons of an
establishm en t within the scope of subsection (a).
PROHIBITION AGAINST DE NI AL OF OR IN TERFERE NCE WIT H THE RIGH T TO NON D ISC RIMIN ATION
SEc . 203. No p erson, whet her acting under color of law or otherwise, shall
(a) wit hhold, d eny, or attempt to wit hholrl or deny, or d eprive or attempt to deprive, any person of a ny righ t or privilege secured by section 202, or (b) interfere
or attemp t to interfere wi t h any right, or privilege secured by section 202, or
(c) intimidate, t hreaten, or coerc e any p erson wi t h a purpose of interfering with
any ri ght or privilege secured by section 202, or (cl) punish or attempt to punish
any p erson fo r exercising or attempting to exercise any right or privilege secured
by section 202, or (e) incite or aid or abet any p erson t o do any of the foregoing.
CI VIL ACTION FO R PREVENTIVE R ELIEF
SEc. 204. (a) Whenever a ny p erson h as engaged or th ere are reasonable grounds
to believe that any p erson is a bout to engage in a ny act or practice prohibited by
section 203, a civil action for preYent iYe relief, including a n application for a p ermanent or t empora ry injunct ion, restra ining ord er, or oth er order, may b e instituted (1) b y the p erson aggri eved , or (2) by th e Attorney General for or in the
name of th e United Sta.tes if he cer t ifies th a t he has received a written compla int
from the p erson aggrieved a nd that in his judgment (i) th e p erson agg rieved is
un ab le to initiate a nd maintain appropria te legal pro ceedin gs a nd (ii) t h e purposes
of this title will be materially fur t hered by t he filin g of a n action .
(b) In an y a ct ion commenced p ursua nt to t his t itle by the p erson aggrieved ,
he sh all if he prevai ls be a llowed a reason ab le a ttorn ey's fee as part of t he costs.
(c) A p erson shall be deemed una ble to ini t iate a nd mainta in appropriate legal
pro ceedings within t he mea nin g of subsection (a) of this sect ion wh en such p erso n
is unable, eith er d irectly or through ot her interes ted p ersons or orga ni zations, to
bear the expense of the li t igation or to obta in effect ive legal representation; or
wh en there is reason to bP!ieve tha t th e institution of such li t iga tion by him would
jeopardize the emp loy ment or eco nomi c sta ndin g of, or mig ht result in in jury or
economic da mage to, su ch p erson , h is fa mily , or his property .
(cl ) In case of a ny compla in t rece ive d by t he Attorney General allegin g a vio la t ion of section 203 in an y jurisdi ction where Stat e or loca l laws or regulations
a p pear t o him to forbid t he act or pra ct ice in vo lved, the Attorney Genera l sha ll
sha ll no t ify the appropriat e State a nd loca l officia ls a nd, upon re quest, a fford them
a rea sonable time to act un der such Stat e or local la ws o.r regulat ions before he
inst it u tes a n a ction. In the case of an y ot her compla int a lleging a violat io n of
sect ion 203, the Attorney Ge nera l sha ll, before instit u t in g a n ac t ion , refer t he
ma t te r t o t he Community R ela t ions Ser vice established by t itle IV of t his Act,
which sha ll endeavor to secm c complia nce by volu ntary procedures. N o actio n
sha ll be institu te d by the At t orney Genera l le s than thj rty da ys a fter such referra l unless t he Comm u ni ty R ela ti ons Ser v ice notifies him that its e ffor ts ha ve
been un successful. Co mplia nce wit h t he for egoing provisions of t his subsection
shall not be re quired if the Attorney Genera l sha ll file with t he court a cert ificate
that the dela y conse quent upon complia nce wit h such provisions in t he pa rticular
case wou ld adversely a ffect t he interests of t he Unite d States, or t ha t , in the particular case , complian ce wit h such provisio ns wo uld be fruitless.
�CIVIL RIGHTS
19
J lJRI SDI CTI ON
SEC. 205. (a) The district courts of the United States shall have 'jurisdiction
·o f proceedings instituted pursuant to t his title and shall exercise the same without
regard to whether the aggrieved party shall have exhausted any administrative
or other remedies that may be provided by law.
.
(b) This title shall not preclude any individual or any State or local agency
from pursuing any remedy that may be availabJe·under any Federal or State Jaw,
including any State statute or ordinance requiring nondiscrimination in public
establishments or accommodations.
TITLE III- DESEGREGATION OF PUBLIC EDUCATION
DEFINITIONS
SEc. 301. As used in this title(a) "Commissioner" means the Commissioner of Education.
(b) "Desegregation" mea,ns the assignment of students to public schools and
within such schools witho_u t regard to their race, color, religion, or national origin.
(c) "Public school" means any elementary or secondary educational institution,
and "public college" means any institution of higher education or any technical
or vocational school above the secondary school level, operated by a State, subdivision of a State, or governmental agency within a State, or operated wholly or
predominantly from or through the use of governmental funds or property, or
funds or property derived from a governmental source.
· (d) "School board" means any agency or agencies which administ er a system
of one or more public schools and any other agency which is responsible for the
assignment of students to or within such system.
A SSI STAN CE 'l'O FACILITATE DES EGREGA'l'ION
SEc. 302. The Commissioner shall conduct investigations and make a report
to the President and the Congress, within two years of the enactment of this title,
upon the extent to which equal educational opportunities are denied to individuals
by reason of race, color, religion, or national origin in public educational institutions
at all levels in the United States, its territories and possessions, and the District
of Columbia .
SEC. 303. (a) The Commissioner is authorized, upon the application of any
school board, State, municipality, school district, or other governmental unit , to
render technical assistance in the preparation, adoption, and implementation of
plans for the desegregation of public schools or other plans designed to deal with
problems arising from racial imbalance in public school systems. Such technical
assistance may, among other activities, include making available to such agencies
information regarding effective methods of coping with special educational
problems occasioned by desegregation or racial imbalance, and making available
to such agencies personnel of the Office of Education or other persons specially
equipped to advise and assist them in coping wit h such problems.
(b) The Commissioner is authorized to arrange, through grants or contracts,
with inst it utions of higher education for the operation of short-term or regular
session institutes for special training designed to improve the ability of t eachers,
supervisors, counselors, and other elementar y or secondary school personnel to
deal effectively with special educational problems occasioned by desegregation
or measures to adjust racial imbalance in public chool syst ems. Individuals
·who attend such an institute may be paid stipends for the period of their attendance at such institute in amounts specified by the Commissioner in regulations,
including allowances for dep endents and including allo~rnn ces for travel to att end
such inst itute.
SEC. 304. (a) A school board which has failed to achieve desegregation in all
public schools within its jurisdiction, or a scho.ol board which is confronted wit h
problems arising from racial imbalance in the public schools within its jurisdiction!
may apply to the Commissioner, either directly or t hrough another governmenta
unit, for a grant or loan, as hereinafter provided, for the purpose of aiding such
school board in carrying out desegregation or in dealing with problems of racial
imbalance.
�20
CIVIL RIGH'l'S
(b) The Commissioner may ma ke a grant und er this section, upon application
therefor, for(1) the cost of giving to t eachers and other school personnel inservice
training in dealing with problems incide nt t o desegregation or racial imbalance in public schools ; and
(2) the cost of employing specialists in prolJ!Pms incident to desegregat.ion
or racial imbalance and of providing other ass is tance to develop understanding
of these problems by parents, schoolchildren, a nd the general public.
(c) Each application made for a gran t und er t his section shall provide s uch
detailed infor mation and be in such forrn as the Commissioner may req uire. Each
grant under this section shall be made in such a moun ts a nd on such terms and
conditions as t he Commissioner shall prescribe, which may include a condition
that the applica nt expend certain of it.s own funds in specified amounts for the
purpose for which t he grant is made. In determining whether to make a gra1tt,
and in fixing the amount th ereof and the t erms and conditions on which it will
be made, the Commissioner shall take int o considerat ion th e amount available
for gran ts under this section and the other applications wh ich are pending before
him ; the financial condition of the applicant and t he ot her resources available to
it ; the nature, extent, and gravity of its problems incident to desegregation or
racial imbalance, a nd such other factors as he find s relevant.
(d) The Commissioner may ma ke a loan under this section, upon application,
to any school board or to any local government wit hin the jurisdiction of which
any school board operates if the Commissioner find s that(1) part or all of the funds whi ch wou ld otherwise be available to any
s uch school board, either directly or through t he local government within
whose jurisdiction it operates, have been withheld or withdrawn by State
or local governmental act ion because of the act ual or prospect ive desegregat ion, in whole or in part, of one or more schools under the jurisdiction of suc h
school board;
(2) such school boa rd has authority to receive and e xpend, or such local
government has authority to receive and make availa ble for the use of such
board, the proceeds of such loan; and
(3) the proceeds of such loan 'ldll be used for t he same purposes for which
the fund s withheld or withdrawn would otherwise have bee n used.
.
(e) Each application made for a loan under th is section sha ll provide such
detai led information and be in such form as t he Commissioner may require. Any
loan under this section shall be made upon such t erms a nd conditions as the
Commissioner shall prescribe.
(f) The Commissioner may suspend or terminate assistance under this sect.ion
to any school board which, in his judgment, is failin g to comply in good faith with
the t erms a nd conditions upon which the assist a nce was extended.
SEc. 305. P a yments pursua nt to a grant or contract under this t itle may bo
made (after necessary adjustments on account of previously made overpayments
or underpa yments) in adva nce or by way of reimbursement, and in such installme nts, and on such conditions, as the Commissioner ma y determine.
SEc. 306. The Commission er shall prescribe rules and reg ul ations to carry out
the pro visions of sec tions 301 throu gh 305 of this title.
SU ITS BY THE ~ TTOR~E Y GE~E RAL
SEC . 307. (a) Whenever t he Attorney G eneral receives a co mplaint(! ) signed by a parent or group of parents to the effect that his or their
minor children, as members of a class of persons similarly s ituat ed, are being
deprived of the equal prot ection of th e laws by reason of th e fa ilure of a
school board to achieve desegregation, or
(2) signed by an individual, or his p arent , to th e effect th at he has been
deni ed adm ission to or not p ermitted t o co ntinue in attendance at a public
college by reason of r ace, color, religion or nation al origin,
and the Atto rney Ge neral certifi es that ill his judgment the s igner or signers of
such complaint are una ble to initiate and m aintain appropriate legal proceedings
ma t eri ally fur t her the orderly
for relief a nd that the institu t ion of an action
progress of desegrega tion in public education, th e Attorney General is authorized
to institute for or in the na me of the United States a civil action in a district
court of the United State against s uch parties and for s uch relief as m ay be
appropri at e, a nd s uch court s hall have a nd shall exercise jurisdiction of proceedings
instituted purs uant to this section. The Attorney General may implead as
defendants s uch additional parties as are or become necessary to the grant of
effective relief hereunder .
,,·ill
�CIVIL RIGHTS
·21
(b)" A perso1i or persons shall be deemed unable to initiate and maintain appropriate legal proceedings \Yithin the meaning of subsection (a) of this· section
when such p erson or persons are unable, eit her directly or through other interested
p ersons or organizations, to bear t he expense of the litigation or to·obt'ain effective
legal representation; or when there is reason to believe t hat t he institution of such
litigat ion would jeopardize t he employmen t or economic standing of, or might
result in injury or economic damage to, such person or persons, their families, or
t hei1· property.
·
(c) Whenever nn action has been commenced in any Court of t he United States
seeking relief from t he denial of equal protection of t he laws by reason of the failure
of a school board to achieve desegregation, or of a public college t o admit or permit
t he continued att endance of an individual, the Attorney General for or in t he name
of the United States may intervene in such action if he certifies that, in his judg. ment, the plaintiffs are unable to maintain t he act ion for any of the reasons set
f,;irth in subsection (b) of this section, and t hat such intervention will materially
Jmther the orderly progress of desegregat ion in public education. In such an
action the United States shall be ent itled to t he same relief as if it had instituted
the action under subsection (a) of this section.
(cl) The term "parent" as used in t his section includes other legal representat ives.
SEC. 308. Nothing in this title shall be construed to deny, impair, or ot herwise
affect any right or authority of the Attorney General or of the United States under
existing law to institute or intervene in any action or proceeding.
S_EC. 309. In any action or proceeding under this t itle t he United States shall be
liable for costs the same as a private person.
· SEc. 310. Nothing in this t itle shall affect adversely the right of any person to
sue for or obtain relief in any court against discrimination in public education .
TITLE I V-ESTABLISH ME T OF COlVIMUNITY RELATIONS SERVICE
SEc. 401. There is hereby established a Community R elations Service (hereinafter referred to as t he "Service") , which shall be headed by a Director who
shall be appointed by the President. The Dil'ector shall receive compensation
at a r ate of $20,000 per year. The Director is authori zed to appoint such addi.tional officers and employees as he deems necessary to carry out the purposes of
this title.
·
SEc. 402. It shall be the function of the Service to provide assistance to communit ies and persons t herein in resolving disputes, disagreements, or difficulties
r elating to discriminatory practices based on race, color, or national origin which
impair t he rights of persons in such communities under the Constitution or laws
of the United States or which affect or may affect interstate commerce. The
Servi ce may offer its services in cases of such disputes, disagreements, or difficulties whenever in its judgment peaceful relations among the citizens of the
community involved are threatened t hereby, and it may offer its services either
upon its own motion or upon the request of an appropriate local official or other
interest ed person.
SEc. 403. (a) The Ser vice shall whenever pas ible in performing its functions
under this t itle seek and u tilize t he cQoperation of t he appropriate State or local
agencies and may seek and ut,ilize t he cooperation of any nonpublic agency which
it believes may be helpful.
(b) The activities of all officers and employees of t he Ser vice in providing assistance under t his t itle shall be conducted in confidence and without pu blicity,
and the Service shall hold confident ial any information acquired in t he regular
p erformance of its du ties upon t he understanding t hat it would be so held. No
officer or employee of the Service shall engage in t he performance of investigative
or prosecuting functions for any department or agency in any litiµation arising
out of a dispute in which he acted on behalf of the Service.
SEC. 404. Subject to the provisions of. section 403(b), the Director shall, on
or before January 31 of each year, submit to the Congress a report of t he activities
of the Service d uring the preceding fiscal year. Such report shall also contain
information ~1·ith respect to the internal administration of the Ser vice and may
contain recommendations for legislat ion necessary for improvements in such
·internal administration .
�22
CIVIL RIGHTS
TITLE V-COMMISSION ON CI VIL RIGHTS
SEc. 501. Section 102 of the Civil Right s Act of 1957 (42 U.S.C. 197511; 71
Stat. 634) is amended to read as follows :
"RU LES OF PRO CED U RE OF THE COMMI SSIO N, HEARINGS
"SEC. 102. (a) The Chairman, or one designated by him to act as Chairman at
a hearing of the Commission, shall announce in an opening statement the subject
of the hearing.
"(b) A copy of the Commission 's rules shall be mad e available to the witness
before the Commission.
" (c) Witnesses a t th e hearings may be acco mp ani ed by their own counsel for
th e purlJ,ose of ad vising them concerning th eir constitutional rights.
"(d) The Chairman or Acting Cha irma n may punish breaches of order a nd
decorum a nd unprofessional ethi cs on the part of counsel, by censure a nd exclusion
from th e hearings.
"(e) If the Commission det ermines that evidence or t estimony a t a ny hearing
may t end to defam e, degrade, or incriminate any p erson, it shall receive such
evidence or t estimony or summary of such evidence or t estimony in executive
session . In the event the Commission determines that such evidence or t estimony
shall be given a t a public session, it sha ll afford such p erso n an opportunity volun t a rily to appear as a witness a nd receive a nd dispose of requ ests from such p erson
to subpena additional witnesses.
"(f) Except as provided in sections 102 a nd 105(f) of this Act, the Cha irma n
shall receive and th e Commission shall dispose of requests to subp ena addition a l
witnesses.
" (g) N o evidence or tes timony or sum mary of eYiclence or t est imony t a ken in
executive session may be releas ed or used in public sessions wi thout t he consent
of the Commission . Whoever releases or uses in public wit hout the conse nt of
the Commission such evidence or testimony taken in exec utive session shall be
fin ed not more than $1,000 or imprisoned for not more tha n one year.
" (h) In the discretion of t he Commission, witnesses may submit brief a nd pertinent sworn statements in writ ing for inclusion in the record . The Commission
is the sole judge of the p ertinency of testimony a nd evidence aclducecl at its
hearings.
" (i) Upon p ayment of t he cost th ereof, a 11·it ness may ob t ain a t ransc rip t cop y
of his test imony given at a public session or, if give n at a n exec ut ive session, when
a ut horized by t he Commission.
" (j) A wi tness attending any session of the Commission shall receive $6 for
each clay 's at tend ance and for t he time necessarily occupied in going t o a nd
ret urning from t he same, and 10 cents per mile for going from a nd returning to
his place of residence. Witnesses who attend a t points so far removed from their
respective residences as t o prohibit return t hereto fro m day t o day shall be enti tled t o a n addit ional allowance of $10 per clay for expenses of subsistence, including th e t ime necessarily occupied in going t o and ret urnin g from the pl ace of
attend ance. Mileage pay ments shall be t endered t o t he wit ness upon se rvice of
a subp ena iss ued on beha lf of t he Commission or a ny sub committ ee t hereof.
" (k) The Commission shall not ·issue any subpena for the attendan ce and
t estimony of wit nesses or for the production of written or other matter whi ch
would require t he presence of the party subp enaed a t a hearing to be held outside
of t he Stat e wherein th e wit ness is found or resides or is domi ciled or transacts
business, or has appoin t ed an agent for receipt of ser vice of process except th at,
in any event , t he Commission may issue subpenas for th e attend ance a nd t est imony of wit nesses a nd th e prod ucti on of written or other matter at a heari ng held
wit hi n fif t y miles of t he p lac e where t he witn ess is fo un d or resides or is domicilied
or t ransacts business or has ap poin t ed an a gent for r eceipt of service of process."
SEc. 502. Section 103(a) of th e Civil Ri ghts Act of 1957 (42 U.S.C. 1975b (a) ;
71 Stat. 634) is amended to read as fo llows :
"SEc. 103. (a) Eac h mem ber of t he Commission who is not otherwise in the
service of the Go vernm ent of t he United States shall receive th e smn of $75 p er
clay for each day spent in th e work of th e Com mission, shall be paid actu al t ravel
exp enses, and per di em in lieu of subsist ence expenses when away from his usual
place of residence, in accordance with secti on 5 of the Admi nistrati ve E xp enses
Act of 1946, as a mended (5 U.S.C. 73b-2 ; 60 Stat. 808)."
SEc. 503. Section 103(b) of the Civil Rights Ac t of 1957 (42 U.S.C. 1975 (b);
71 St at . 634) is a mended t o read as follows :
�CIVIL RIGHTS
23
"(b) Each member of the Commission who is ot herwise in the service of the
Government of t he United States shall serve without compensation in addition
to that received for such other service, but while engaged in the work of the
Commission shall be paid actual travel expenses, and per di em in lieu of subsistenc e
expenses when away from his usual place of residence, in accordance with the
provisions of the Travel Expense Act of 1949,· as· amended (5 U.S.C. 835-42;
63 Stat. 166) ."
.
. SEc. 504. Section 104 of the Civil Rights Act of 1957 (42 U.S.C. 1975c ; 71
Stat. 635) , a,s amend ed, is fur ther amended to read as follows:
11
D UTIE S O~' THE CO~!MISSION
" Sec. 104. (a) The Commission shall" (1) investiga te allegations in writing under oath or affirmation that
certain citizens of the United States are being deprived of their right to vote
and have t hat vote counted by reason of their color, race, religion, or national
origin; which writing, under oa t h or aflirmation, shall set forth the facts upon
which such belief or beliefs a re based;
"(2) study and collect information concerning legal developments co nstituting a denial of equal protection of the laws under t he Constitution ;
"(3) appraise t he laws and policies of the Federal Government with respect
to equal protection of the laws under the Constitut ion; a nd
"(4) serve as a national cleari nghouse for information, and provide advice
and technical assist ance to Government agencies, communities, industries,
organizations, or individuals in respect t o equal protection of the laws,
including but not limited to t he fi elds of voting, education, housing, employment, the use of public facilities, transportatio n, a nd the administration
of justice.
The Commission may, for s uch periods as it deems necessary, concentrate t he
performance of its duti es on those specified in either paragraph (1), (2), (3), or
(4) and may further ..concentrate the performan ce of its duti es under any of such
paragraphs on one or more aspects of the duti es imposed therein.
" (b) The Commission shall submit interim repor t.5 to .the President and to
the Congress at such times as either the Commission or the President shall deem
desirable, and shall submi t to the President and to t he Congress a fin al and
comprehensive report of its activities, findings, an d recommendations not later
th an September 30, 1967.
"(c) Sixty days after the s ubmission of its final report an d recommendations
the Commission shall cease to e:,..ist."
SEc. 505. (a) Section 105(a) of the Civil Rights Act of 1957 (42 U.S.C. 1975(d) ;
71 Stat. 636) is amended b y strikin g out in the last sentence thereof " $50 per
di em" and inserting in lieu thereof " $75 per di em."
SEc. 506. Section 105(g) of t he Civil Rights Act of 1957 (42 U.S.C. 1975d(g);
71 Stat. 636) is amended to read as follows:
"(g) In case of contumacy or refusal to obey a subpena, any district court of
the Unit ed States or the United Stat es court of a ny t erritory or possession, or the
District Court of the United States for th e Dist ri ct of Columbia, within the jurisdiction of which th e inquiry is carried on or within the jurisdiction of which said
person guilty of contumacy or refusal to obey is found or resides or is domi ciled
or transacts business, or has appointed an agent for receipt of servi ce of process,
upon application by the Attorney General of the United States shall h ave jurisdiction to iss ue to s uch person an order requiring such p erson to appear befo re th e
Commission or a subcommittee thereof, there to produce evidence if so ordered,
or there to give t estimony touching the matter under investigation; and any
failure to obey such order of the court may be punished by said court as a contempt
thereof. "
SEC. 507. Section 105 of the Civil Rights Act of 1957 (42 U.S.C. 1975d· 71
Stat . 636), as amended by section 401 of the Civil Rights Act of 1960 (42 U.S.C.
1975d(h) ; 74 Stat. 89), is further amended by add ing a new subsection at the end
t o read as follows:
"(i) The Commission shall have the power to make such rul es and regulat(ons
as it deems necessary to carry out the purposes of this Act."
�24
TITLE
CIVIL RIGHTS
VI-NONDISCRIMINATIOK I K
PROGRAMS ·
FE,DERA~LY
ASSISTED
SEc. 601. Notwithstanding any provision to th e contrary in any law of the
United States providing or authorizing direct or indirect financi al assistauce for
or in connection with any program or activity by way of grant, contract, loan,
insurance, guaranty, or otherwise, no such law shall be interpreted as requiring
that such financial assistance shall be furnished in circumstances under which
individuals participating in or benefiting from the program or activity are discriminated against on the ground of race, color, religion, or national origin or are
denied participation or benefits therein on the ground of race, color, religion, or
national origin . All contracts made in connection with any such program or
activity shall contain such conditions as the President may prescribe for the
purpose of assuring that there shall be no discrimination in employment by any
contractor or subcontractor on the ground of race, color, religion, or na tional
origi11 .
TTTLE VII- COMMISSION ON EQUAL EMPLOYivIENT ·oPPORTUNITY
Si,;c. 701. The President is authorized to establish a Commission to be known
as t he " Commission on Equal Employment Opportunity," hereinafter referr ed
to as the Commission . It shall be the function of the Commission to preven t
discrimination agai\}St employees or applicants for employment because .of rac e ,
color, religion, or national origin by Government contractors and subcontractors ,
and by contractors and subcontractors participating in programs or activities in
which direct or indirect financial assistance by the United States Government is
provided by way of grant, contract, loan, insurance, guaranty, or otherwise. The
Commission shall have such powers to effectuate t he purposes qf this title as
may be conferred upon it by the President. The President may also confer upon
t h e Commission such powers as he deems appropriate to· prevent discrimination
on t he ground of race, color, religion, or nat ional origin in government employment.
SEc. 702. The Commission shall consis t of the Vice President, who shall serve
as Chairman, tlie Secretary of Labor, who shall serve as Vice Chairman, and not
more than fifteen other members appointed by and serving at the pleasure o(
the President. Members of the Commission, whi le attending meetings or conferences of the Commission or otherwise serving at the request of the Commission,
shall be entitled to receive compensation a t a rate to be· fixed by it but not
exceeding $75 per diem, including tra vel time, and whi le away from their homes
or regular places of business they may be allowed travel expenses, including per
diem in lieu of subsistence, as au t hori zed by section 73b-2 of title 5 of the United
States Code for persons in the Government service employed intermittently . .
SEC. 703 . (a) There shall be an Executive Vice Chairman of the Commission
who sha ll be appointed by t.11e Pres ident and who shall be ex officio a member of
the Commi s ion . The E xecut ive Vi ce Chairman shall assist the Chairm an, the
Vice Chairm an, and tho members of t ho Commission and shall be respons ible for
carrying out the orders a nd recommend ations of the Commission and for performin g s uch other fun ctions as t he Commission may dir ect.
(b) Section 106(a) of th e Federal Executive Pay Act of 1956, as amended (5
U.S .C. 2205(a)), is fur ther a mende·d by adding t he following clause thereto:
"(52) E xecuti ve Vice Chairm an, Commission on Equal Employment
Opportunity ."
(c) The Commission is au thori zed to a ppoin t, subj ect to the civil service laws
and regulations, such ot her personnel as may be necessary to enable it to carry
out it,s function s and duties, and to fi x th eir compensation in accordance with the
Classification Ac t of 1949, and is a ut hori zed to procure services as authorized by
section 14 of t he Act of Au gust 2, 1946 (60 Stat. 810 ; 5 U.S.C. 55a), but at r ates
for indi vidual · no t in excess of $50 a day.
TITLE VIII- MISCELLA TEOUS
SEC . 801. There arc hereby au t horized t o be appropriated such sums as are
necessary to carr y ou t t ho provisions of this Act .
SEc . 802. If any pro vi ion of this Act or the application thereof to any person
or circumstance is held invalid, the r ema inder of the Act and the application of
the provis ion to other persons or circumstances s hall not be affected thereby.
0
�I
!
I
I
From Betty Robinson
FOR M25• 7
ATLANTA, GEORGIA
�People in Atlanta was forcedto integrate wtth policemen
making them do so is the way that atlanta is being des1ngrated
and not because the altnata people want integration, so. 1 t does not
appear any public servant from atlanta can tell the world or the
congress how we have peacefully integrated truthfully.
�BACKGROUND:
A Handbook for Reporters
covering the desegregation
of Atlanta Public Schools
prepared by
OASIS
Organizations Assisting Schools in September
Room 813, SO Whit hall Street, S.W.
Atlanta 3, Georgia
J
�A List of People
You May Want to Interview
ATLANTA PUBLIC SCHOOLS
Sup erintendent: Dr. John W. Letson
City H all - Ja 2-3381
Deputy Superint endent: Dr. Rua! W. Stephens
ATLANTA BOARD OF EDUCATION
Chairman: L J. O'Callaghan
11 Marietta St., N . W. - Ja 1-0238
A ttorney: A. C. (Pete) Latimer
Healey Building - 521-1282
ATLANTA DEPARTMENT OF POLICE
Chief: Herbert T. Jenkins
175 Decatur St., S.E. -Ja 2-7363
ATLANTA CHAMBER Of COMMERCE
President: Ben S. Gilmer
American Telephone Co.: 529-8611
Executive Vice President: Opie L. Shelton
Commerce Building - 521-0845
ATTORNEY GENERAL OF THE STATE OF GEORGIA
Eugene Cook
State Judicial Building -
Ja 5-0401
ATTORNEYS FOR THE TRANSFER STUDENTS
Donald L. Hollowell
859 Hunter St., S.W. - Ja 5-8372
E. E. Moore, Jr.
175 Auburn Ave., N.E. - Ja 4-6861
FEDERAL DISTRICT JUDGE, NORTHERN DISTRICT OF
GEORGIA
Frank A. H ooper, Jr.
Old Post Office Building -
Mu 8-3517
GENERAL ASS EMBLY COMMITTEE ON SCHOOLS
Chairman: John A. Sibley
Trust Company of Georgia -
Ja 2-6000
GOVERNOR OF THE STATE OF GEORGIA
S. Ernest .Vandiver
State Capitol -
Ja 1-177 6
GREATER ATLANTA COUNCIL OF CHURCHES
President: Dr. Arthur Vann Gibson
Church Office: Tr 2-8939
Executive Director: Dr. Loren T . Jenks
163 Walton St. , N.W. - Ja 3-2796
GREATER ATLANTA AND GEORGIA COUNCILS ON
HUMAN RELATIONS
Director (Atlanta ): Mrs. Walter Paschall
41 Exchange Pl. , S.E. - 525-6468
Director (Georgia): Mrs. William C. Pauley
41 Exchange Pl. , S.E. - 525-6468
�GUTS (GEORGIANS UNWILLING TO SURRENDER)
Lester G. Maddox
Home: Ce 3-4374, Business: Tr 4-9344
HOPE, IN C. (HELP OUR PUBLIC EDUCATION)
Chairman: Mrs. Thomas M. Breeden
Home: Bl 5-3820
LEAGUES OF WOMEN VOTERS OF ATLANTA AND
GEORGIA
President (Atlanta): Mrs. Rushton Coulborn
1036 Peachtree St., N.E. - 876-0732
President (Georgia ·: Mrs . Fleming Law
7 - 17th St. - Tr 2-4075
Public R elations Chairman: Mrs. Edward
Vinson , Dr 7-5286
MAYOR OF THE CITY O.F ATLANTA
William B. H artsfield
City H all - Ja 2-4463
N. A. A. C. P.-ATLANTA BRANCH
President: Reverend Samuel W. Williams
Church Office: Mu 8-0206
Executive Director: James Gibson
236 Aubu rn Ave., N .E . - M u 8-6064
OASIS (ORGANIZATION S ASSISTING SCHOOLS IN
SEPTEMBER)
G eneral Chairman: Mrs . Philip Hammer
Home : Ce 3-0955
Vice Chairman: Rev. Allison Williams
Church Office: Ce 7-6491
Vice Ch airman: Mrs. William S. Shelfer
Dr 3-0765
Secretary -Treasurer: Mrs. Hamilton Lokey
Ce 7-4215
Executive Director: Mrs. J. C. Harris
50 Whitehall St. - Ja 5-8469
Pub lic Information Chairman:
M rs. D avid Neim an - Ce 7-0209
SO U THERN REGI ONAL COUNCIL
Executi ve Director: Dr. Leslie W . Dunbar
5 F orsyth St. , N .W. - 522-8764
STAT E D EPARTMENT OF EDUCATION
Superintendent: D r. Claude Purcell
State Office Building - 688-2390
UNITED CHUR CH W O MEN OF ATLANTA
President: Mrs . P hil B. Narmore
872-5 862
�RALPH
Atlanta has sought in all things to be a responsible
city. This is her great tradition. As early as
December 1889, Henry W. Grady, whose name
is on our modern and
beautiful city hospital, on
one of our finest schools,
on one of our hotels, and
whose statue stands in the
heart of our city, said, in
a speech made to the Merchants of Boston :
"The problem of race
... is so bound up in our
honora ble obligation to the
world th at we would no t
disentangle it if we could
... I would rather see my people render back this
question rightl y solved th an to see them gather
all the spoils over which fac tion has contended
since Cataline conspired and Caesar fought. "
This was Grady's basic a pproac h. His opinions,
dealing with the context of hi s time, do not all
jibe with tod ay's. But, he was rig ht in the great
sense .. . it must be rightly solved.
This is the city which welcomed back General
Sherman, not many years after the war, and gave
him a tremendous reception , including a dinner
attended by Confederate veterans who directl y
had opposed him-a nd who had been driven from
the city which he proceeded , in time, to burn.
This is the city which has always tri ed to look
forw ard , not backward . It has never wa nted to
be an old Southern city, caught like a fl y in
amber, and dying of qu aintness and musty charm.
From the tim e the so und of hammers and the
ras p of saws bega n to be heard in the rebuilding
of the city after Sherman's fires had died , we have
sought to bu ild into th e city a belief in the principles of thi s country, of justice and opportunity.
We have not always succeeded . T he record is not
unm arred. But we h ave never ceased to try.
One of our great strengths is that there have
[ 2]
�..L
been attracted here the graduates of the many
institutions over the nation. Every year we are
pleased to carry items about the local alumni of
Wisconsin , of Minnesota, of California, of Princeton , Yale, Harvard , Smith, Radcliff, Vassar, et al,
who are to have a luncheon or dinner and are
calling on the faithful to attend. Atlanta has attracted, too, many of the more ambitious young
men and women from the smaller cities and
towns of our own state and others of the South.
We are a city of transportation and communication , and this has brought t·o us young executive
and professional men .
This press pack is an example. A great many
persons, all volunteers, have worked on it. They
want yo u to know that after the school decision
by the U. S. Supreme Court, this was a city in
which there was a debate and a continuing exchange of ideas. The White Citizens Councils, the
Klans, and others of that mentality, could , and
did, have their say. But they were answered. They
did not dominate. They could not coerce or intimidate, as they did in neighboring states.
The men and women who have compiled this
press pack represent volunteer citizen organizatio ns wh ich have worked for public schools-and
for the orderly processes of law. We, of the press,
radio and television , have helped them have their
say . We commend them to you.
One never knows. The forces of evil and
violence are unpredictable. But we believe that
the overwhe lmin g sentim ent in thi s city is for
lawf ul procedures. W hat we chiefly want yo u to
know is that we have not been idle. We h ave not
sa t with folded hands and wa ited. We h ave not
left it for others to do. The people of the city
have tried to organize public opinion , and , more
important, to inform it. Th is press pack contains
the essence of that effort.
RALPH McGI LL
Publisher, The Atlanta Constitution
[3]
�CITY OF A T LA NTA
OFF ICE of th e MAYOR
A t lanta 3, G e o rg ia
To the Gentlemen of the Press:
On behalf of the City of Atlanta, it is my pleasure
to extend you a cordi al welcome. ·
You have traveled far in order to be present as
history is once again made in Atlanta . Knowing
Atlanta and her people , I have every confidence
that the story you flash to the world will be a
positive, dramatic picture of a great City facing
profound change with di gnity; a City continuing
to be a credit to the N ation ; a City too busy to
hate.
May your stay with us be both enjoyable and
rewarding. And when you go , may you take with
you in your mind a memory of the South at its
best, and in your heart, a desire to return. We ar e
always glad to have you with us.
Sincerely yours,
Mayor
[ 4]
�CITY OF ATLANTA
DEPARTMENT of POLICE
Atlanta 3, Georgia
ST ATEMENT OF HERBERT T . JENKINS,
CHIEF OF THE ATLA NTA POLICE
DEPA RTMENT
"T he Board of E ducati on and the Superintendent
of Schools bas original and ·complete jurisdiction
to operate the public schools of Atlanta. In accordance with state and F ederal regulations and
u nder order fro m the Federal Court, the Atlanta
schools will be desegregated when school opens
on August 30, 196 1.
"If an y person or persons object to the m anner
or method of operation of the A tlanta Public
Sch ools, those objecti ons must be m ade to the
Superintendent of School's offi ce at the City H all,
and u nder no circum stances will objections be
disc ussed , or disturbances be permitted at any of
the ind ividua l schools.
"Local and State laws have always surrounded
and provided special protection for public worship and public schools. Section 36. 14 of the City
Code forbid s distu rbi ng public schools and states
that 'no person, at or near any p ublic sch ool,
shall , by co nversation, sign, or otherwise, engage
the attention of any of the pupil s, to the disturbance of such school. '
'The highest value of the law is the keepin g of
the peace- the Atlanta Police D epartment has
fu ll responsibility and authority to maintain the
peace and good order over the entire city, and
espec iall y at and aro und the schools."
August 1, 1961
[ 5]
�BACKGROUND:
ATLANTA
{19S4-1961)
When the Supreme Court Decision of May 1954
put an end to legal segregation in the nation's
schools, Georgia, like other deep South states,
adopted an official policy of last-ditch legal resistance. Despite protests from the Georgia Education Association, the League of Women Voters
and oth~r responsible citizens' groups, the General Assembly of 1955 adopted a "Private School
Plan" which included , among other measures, a
provision to cut off funds from any school system
which attempted to desegregate.
Secure in their legal "Magi not Line" and unhampered by fea r of Federal initiative in enforcing
the ruling in "Brown vs. Topeka," most Georgians
felt the Supreme Court's emphasis was on the
word "deliberate" rather than "speed." Schools
would continue in the traditional way; regional
mores would remain unchanged. The bitter lessons of Little Rock and Norfolk were as yet
unlearned. The changes in Baltimore, St. Louis
and Louisville were not deep-South enough to
stir Georgians from the blanket of apath y which
then covered the entire school question.
The first brush with realit y came in January
1958, when a group of Atlanta Negroes. in a
"class action ," filed suit agai nst the Atlanta School
Board . The suit (Calhoun et al vs. Latimer )
asked that the School Board be enjoi ned from
practicing racial discrimination in the public
schools. When in June of 19 59 U. S. District
Judge Frank Hooper ruled in favor of the pl aintiffs and ordered the Atlanta Board to submit a
plan for desegregation by the fo llowing December, the handwriting was clearl y on the wall. The
[ 6 ]
�School Board had no alternative but to submit a
plan. Yet any plan to desegregate Atlanta's schools
would be squarely in conflict with Georgia's
m assive resistance laws and would automatically
fo rce their closure.
Meanwhile, in October of 1958, echoes from Norfolk and Little Rock began to reverberate along
the Peachtrees. Anxious letters were written to the
newspapers. Isol ated groups of citizens held meetings. In November, the School Committee of the
Atl anta League of Women Voters publicly submitted ten questions to the School Board, the
most important of which was, "Will every school
in A tlanta close if the Courts order integration?"
T he School Board withheld a public answer since
the y were litigants in the pending Court suit; but
an Atlanta Constitution columnist outlined the
city's dilemma. On November 25th, under the
auspices of the League of Women Voters, an open
meeting was called to discuss ways and means
of keeping schools open. A steering committee was
fo rmed to seek coopera tion with the business and
fi nanci al leadership of A tl anta. Since it was felt
that a public stand at that time would be undesira bl e and premature, the steering committee
neve r got off th e ground .
T he disengagement of the loca l power structure ,
the unyielding "never" of the State political leadershi p and th e strident, often threatening segregationist voices clai ming th at "no school s are
better than in tegrated ones" were powerful deterrents to organized community action. Yet because the Atlanta papers respo nsibly reported the
news fro m other So uth ern cities, pointing out
editoriall y the tragic consequences of m assive resista nce elsewhere, ma ny A tl antan s realized their
public schools were in jeopardy and sought a way
to save them.
On December 9, 1958, eighteen white parents
chartered HOPE, Inc. (Help O ur P ublic Education), choosing to avoid the integration vs. segregation iss ue by taking an u ncomplicated stand
[ 7 ]
�for open public schools, period. Conceived primarily as an educational organization designed to
clear up the fog of confusion engendered by
"massive resistance," "interposition" and other socalled alternatives to compliance, it rapidly became a rallying ground for moderates who previously had suffered to remain silent. With the
fervor and enthusiasm only amateurs could maintain, HOPE spawned a welter of public manifestos (Ministers, Educators and Doctors, to name
just a few) and generated enough interest by
March of 1959 to hold a public rally which drew
upwards of 1,500 people and some prominent
speakers in support of open schools (Atlanta
Mayor Hartsfield, Publisher Ralph McGill, Georgia Legislator M. M. (Muggsy) Smith and Editor
Sylvan Meyer) . Favorable press, radio and television coverage Iof the March rally established a
bona-fide "Open Schools Movement." HOPE
chapters formed in Gainesville, Marietta, Jonesboro, Rome, Athens, Macon and Savannah with
other nuclei of interested supporters in cities and
towns throughout the state.
Inevitably there was opposition, much of it wellfinanced and organized. In addition to the
States Rights Council led by Augusta politico, Ro y
Harris, the Klans and White Citizens Councils,
Atlanta-based centers of resistance such as MASE
(Metropolitan Association for Segregated Education) and later GUTS (Georgians Unwilling to
Surrender) headed by Lester Maddox, now a
candidate in the five-cornered Atlanta m ayoralty
race, sprang up to harass open school advocates.
On November 30, 1959 the Atlanta School Board
submitted a stair-step plan for desegregation of
the public school s begi nning with the 12th grade
(given in full elsewhere in this pamphlet) . Judge
Hooper approved the plan on January 20, 1960
and ordered it into effect the following September; or as soon as the General Assembly of Georgia could enact statutes to allow Atlanta schools
to operate.
[ 8]
�In an attempt to influence legislative action, open
school supporters mounted an educational crash
program. Mayor Hartsfield proclaimed a "Save
Our Schools Week" in Atlanta. Representatives
of state-wide civic groups joined together in a
coordinated effort. Legislators, business leaders
and other opinion-makers throughout the state received repeated mailings underlinin·g the social,
economic and educational disasters accompanying
school closings elsewhere. The Fulton and DeKalb County legislative delegations which previously had withheld unanimous support, promised to seek legislative change. They were joined
by a handful of salons from other parts of the
state; but the prevailing sentiment when the General Assembly convened was to let Atlanta bear
the brunt of school closings to preserve segregation elsewhere in Georgia. ·
All during the legislative session public pressure
in behalf of open schools grew stronger. Delegations of open school supporters called on Governor Vandiver, Senator Russell, Senator Talmadge
and as many legislators as they could buttonhole.
As a. result, the Legislature appointed a nineteenmember "General Assembly Committee on
Schools" empowered to conduct hearings in each
of the State's Congress ional Districts to find out
whether "the people of Georgia may wish to
make a deliberate determination as to whether
future education is to be afforded through direct
tuition payments for use in private schools devoid
of governmental control , or whether the public
school system as it presently exists shall be maintained notwithstanding that the school system of
A tlanta and even others yet to come may be integrated . . . "
Cynics regarded the Committee as a delaying
tactic at best. It had power only to inquire and
recommend and it was a foregone conclusion
that most Georgians considered "race-mixing" far
more disastrous than the abandonment of public
education. Yet the strong grass-roots support for
[ 9 ]
�open schools in nearly every part of the State was
a surprise to almost everyone.
The Committee had the good fortune to be
chaired by widely-respected John Sibley, Chairman of the Board of the Trust Company of
Georgia. Mr. Sibley conducted the hearings with
good-humored dignity and impartiality. The importance of the "Sibley Commission" in awakening Georgians to the alternatives they faced cannot be overestimated. When the Committee issued
its report in April 1960, the 11-member m ajority recommended a Freedom of Choice plan,
somewhat similar to Virginia's. The 8-member
minority_ stood fast for segregation, even at the
cost of closed schools. The division within the
Committee itself reflected the sharp differences of
opinion in the state. Yet for the first time in the
deep South, the majority of an all-Georgia committee appointed by the State Legislature with
the blessings of the State Administration recommended that existing laws be changed to allow
some desegregation . . . before a Negro ch ild
actually applied to enter a w hite public school.
After the publication of "The Sibley Report,.,
Judge Hooper stayed integration of Atlanta
schools for a year. On May 9, 1960, he amended
the Atlan ta Plan to include desegregation of the
11th and 12th grades at the beginning of the J96 l
school year. The Atlanta Plan was to become effect ive "whether or not the General Assembly of
Georgia at its session in January I 961 passes
permissive legislation. " In Judge Hooper's words,
"to order the Atlanta Public Schools to integrate
. . . in September 1960 could mean but one
thing; that is, the closing of Atlan ta's schools.
To postpone this ... will give the Georg ia Legislature ... one last cha nce to prevent thi s closing. "
I mmedi ately fo llowi ng this fina l Court decision ,
HOPE called a "Georgia Open Schoo ls Co nference" attended by 500 delegates in vited from
some 87 Georgi a cities, towns or counties. Edward
[ 10]
�R. Murrow televised this Conference in a nationwide documentary "Who Speaks for the South."
As it became more acceptable to speak out openly
for legislative change, many came forward with
strong public statements. As a Gainesville editor
put it, "You can hear minds changing all over
Georgia."
In the F all of 1960, open school advocates initiated "Operation Las t Chance," taking their cue from
Judge Hooper's words . Armed with forthright
statements from Churches (all faiths and every
important denomination, including the influential
Georgia Baptist Convention) ; business leaders
(the Atlanta Chamber of Commerce, the Atlanta
Jaycees and key individuals throughout the State);
lawyers (the Atlanta and Georgia Bar Associations); educators (the Georgia Education Association , "Mr. Jim" Peters, venerable Ch airman of
the State Board of Education) ; and m any others,
the issue was kept constantly before the public.
"D ays of Deci sion" Forums were held in Athens,
Rome, A lbany, Columbus, Augusta and Savannah to plead the case for legislative change.
The Georgia Chamber of Commerce conducted
its own Legislative Forums, with Administration
floor-leaders F r ank Twitty and Carl Sanders finding a preponderance of open-school sentiment and
refl ecting this in their public statements. All this
was played again st the backdrop of New Orlea ns
which remained in the headlines throughout the
F all.
Coincident with the opening of the 1961 Legislati ve Session was the now-famous "Athen's crisis. "
When two Negroes were ordered ad mitted to the
Uni versity of Georgi a by U . S. District Judge
W illi am A. Bootle, Governor Vandiver and the
Legislature were prov ided a chaotic exa mpl e of
what "bitter-end " resistance meant. Existi ng statutes wo uld fo rce closing Georgia's beloved University ( the nation's oldest state-supported institution of higher learn ing ) and this was too bitter
a pill fo r even the strongest segregationists. On
[ 11 ]
�January 18, 1961 , S. Ernest Vandiver, who had
been elected Governor of Georgia only two years
prior on a platform which said he would never
permit desegregation , underwent a dramatic reversal. In o~der to save the schools of Georgia ,
he offered a "Child Protection Plan ," through
which a community can decide by local school
board action or a referendum whether it wants
to close its schools when it faces a court order to
desegregate. If a community decides for open
schools, tuition grants provide mone y for children not wishing to attend integrated schools.
The Legislature promptly repealed the mandatory
closing Jaws and adopted the Governor's four-bill
package.
The open schools advocates bad won their bat tle.
Atlanta was now free to comply with its Court
order, with no threat of school closings. Applications for transfer to the 11th arid 12th grades
were submitted by 133 Negro children between
May 1st and May 15th. After an exhaustive series
of tests and interviews (required by the Atlanta
Plan) ten were chosen to enter four previously allwhite high schools (Brown, Grady, Murphy and
Northside) . 38 others are still in the process of
appealing the Board's decision to reject their applications. One white child, Sandra Melkild, now
attending Northside High School, has requested
transfer to another presently all-white school ,
basing her request on "freedom of association ."
The Atlanta School Board has denied her a transfer. On August 9th the State School Board overruled the Atlanta Board's decision ; but Judge
Hooper has ordered a stay of the State Board of
Education's ruling, pending a hearing.
Once the conflict between State and Federal laws
was resolved , emphasis shifted to desegregation
with dignity. The organizations comprising the
" Open Schools Movement" sent representatives to
call on Dr. John Letson , Superintendent of Atlanta Public Schools, early last February to ask
what citizens might do to help create a climate
[ 12 ]
�of calm, dignified compliance with the law. It was
suggested that church, business, service and youth
groups outside the immediate jurisdiction of the
school administration be encouraged to play a
leading role in this effort through public discussion and dissemination of information. A new
group, in fact an Organization of organizations,
was formed with a broad base of community support. Its name: OASIS (Organizations Assisting
Schools in September) an acronym Atlantans feel
is descriptive of their city.
OASIS, with its 53 affiliates, is divided into three
sections-Religious, Civic and Service Groups
and Youth-serving Agencies. Members range
from service clubs and Girl Scouts to labor unions
and the National Association for the Advancement of Colored People. Its activity has been lowkey but intensive, seeking to work through already existing organizational machinery to reach
hundreds of thousands of Atlanta's citizens.
OASIS has stimulated hundreds of meetings
throughout the long, hot Atlanta summer. 126
volunteer discussion leaders h ave been on call to
assist at gatherings varying from 200 in the Southwest Community Council to half-a-dozen an~ious
parents meeting in a neighbor's living room. A
Speaker's Bureau, headed by an ex-president of
The Toastmasters, provides information for business and service groups. A troupe of Theater Atlanta Players has presented improvised desegregation skits for teenagers at camps and youth centers all over town . OASIS has brought over one
hundred white and Negro youth leaders together
and encouraged Atlanta's more prominent citizens to speak out in behalf of responsible compliance.
OASIS' Religio us Section spearheaded the observance of "Law and Order Weekend (Friday,
August 25th through Sunday, August 27th) during which Atlanta's prolifery of churches and
synagogues conducted special prayers for peacefu l
transition. Ministers were asked to take their
[ I3 ]
�vacations before August 15th so that they would
be on hand to give moral leadership. All faiths
have participated in this effort, with leading
clergy and lay representatives playing active roles
as catalysts.
All of these efforts have received considerable
support from Atlanta's newspapers, television and
radio stations. Mayor William B. Hartsfield's repeated assertions that Atlanta will preserve its
reputation for .g ood race relations have been followed by public and private measures designed to
prevent trouble. Police Chief Herbert T. Jenkins
has had officers from his department observing
racial disturbances in other cities for two and
one-half years. The Chief has publicly proclaimed
that law and order will be maintained and warned
would-be violators of penalties. School Superintendent, Dr. John Letson, has told Atlantans that
anything less than desegregation with peace and
dignity will "exact a price that will not be paid
in full for a generation."
And when school opens on August 30th, this city
hopes to demonstrate that careful planning and
intelligent preparation can prevent the violence
that has accompanied school integration nearly
everywhere else in the deep South.
AN EDITORIAL P.S.
WE HOPE YOU WILL READ
In writing the forego ing p iece, we h ave tried to
give you "just the facts. " Now Jet us tell you
what's in our hearts. We had a double purpose
in preparing this kit. If our schools desegregate
smoothly and without incident- and the overwhelming majority of A tlantans are praying that
they will- we wanted you to know why. If a
rock is thrown or a demonstration staged, you
ought to know that is not the whole story of our
city.
Ask any of our local newsmen to tell you about
the " Open Schools Movement." They'll say we·re
[ 14]
�,,
a bunch of starry-eyed amateurs-a strictly grassroots-type operation held together chiefly with
scotch tape and imagination. But they'll also tell
you that we held together-through three interminable uphill years to accomplish what those
who thought they knew all about Georgia said
never would happen in our generation.
Who took part in the "Open Schools Movement?"
The ordinary people who live in Atlanta-and believe ir or not, much of Georgia. The printer who
donated pamphlets and hand-bills on a "pay if
yo u get it" basis. The businessmen wh-o gave an
office and typewriter, stationery, erasers and all
that scotch tape. The lawyers who voluntered
their time and brainpower to unsnarl the tangled
legal thickets. But most of all, the women of Atlanta who licked the stamps, organized the meetings and stayed on the telephone until they finished the job. Yes, the unsung heroines of the
"Open Schools Movement" are mostly ordinary
housewives and mothers who left beds unmade
and meals uncooked to insure their children's educational future.
Is it over yet? Not by a long shot. There are
those with whom old ways die hard. We have
beard the nation's most m ilitant racists are marshaling their forces to make a stand at this
"Second Battle of Atlanta." You must have heard
it too- or most of you wouldn't be h ere.
W hen the "symbolic ten" go to their classrooms,
segregation in Georgia's common schools will be
offici ally over. T here are those who wish the ten
could be a thousand. There are many who object
to even one. But whatever the views that divide
them, A tlantans are united in a single hope : that
the story that unfolds on August 30th will be
m uch different from the one you might have expected . A nd when ten Negro children go to
school on Wednesday, the heart of A tlanta will
go i n with them.
MRS. DAVfD N E IMAN
Public Information Chairman
OASIS
( Organizations Assisting
Schools in September)
[ 15 ]
�Atlanta Public Schools
CTTY HALL
ATLANTA 3, GEORGIA
To Representatives of the Press, Radio
and Television:
Citizens of Atlanta have long recognized that
good schools are an essential part of a great city.
Recent developments have demonstrated a determination on the part of all concerned to assess
realisticaf!y the problems we face and to proceed
with the educational tasks ahead. Teachers and
others who are a part of the Atlanta public school
system face the future with confidence and with
the firm conviction that changes and adaptations
will be made as circumstances require. I am certain that I speak for all school personnel in saying
that we are happy to be a p ~rt of a great city
that we are convinced will become still greater in
the year ahead.
Sincerel y,
John W. Letson
Superintendent
JWL/frk
[ 16 ]
�jv
ATLANTA
l::C::. CH AM BER Of COMM ERCE
1301 COMM ERCE SUILOING / P.0, SOX 17 4 0 /ATLANTA I , GEOl'tGIA / '21•084 5
~
f
Dear Visitor:
A tlanta is on trial. But so are the mass communications media of this n ation. How well we
both conduct ourselves will have a great and lasting effect on this city.
We, the busines leaders of this city, have never
faltered in our solid support of our officials in
their determin ation to obey the Jaw. We do not
intend to let lawlessness impede this mature city's
quest for greatness.
We are going to continue to do everything
possible here in Atlanta to p lay our rightful role
among American cities. We like to think of ourselves as responsible citizens.
We know we, in turn, can look to each of you
- our visitors- fo r the same high degree of responsible journalism.
Sincerely,
Opie L. Shelton
Executive Vice President
[ 17
J
�The Atlanta Plan,
Amended January 18, 1960,
Provides:
" Whereas, The State Board of Education has not promulgated rules and regulations relative to the placement of
students in the schools, and thfa Board has the inherent
power of pupil placemen t, and more complete regulations
are necessary.
" Now therefore: To insure orderly procedures of uniform
application for pupil assignment, transfer, and / or placement, and to enable the continuing improvement of the
educational advantages offered the following rules and
procedure shall be followed:
" ( 1). In the assignment, transfer or continuance of pupils
. .. the following factors and the effects or results thereof
shall be considered , with respect to the individu al pupil ,
as well as other relevant matters:
"availabie room and teaching capacity in the various
schools;
"the availab ility of transportation facilities;
" the effect of the admission of new pupils upon established or proposed academic programs;
"the suitability of established curricula for particular
pupils;
" the adequacy of the p upil 's academic prepara tion for
admission to a particular school and curriculum;
" the schol astic aptitude and relative intelligence or mental energy or ability of the pupil;
" the psychological qualification of the pupil for the type
of teachin g and associations involved ;
" the possibility or threat of friction or disorder among
pupils or oth ers;
" the poss ibility of breaches of the peace or ill will;
" the effect of admission of the pupil upon the academic
progress of other students in a pa rticular school or
fac ility thereof;
" the effec t of ad mi ssion upon preva iling academic standards at a particul ar school;
" th e psychol og ical effect upon the pupi l of at tend ance at
a part icul ar school;
" the home environment of th e pupil ;
" the maintenance or severance of establi shed soc ial and
psychological rel atio nships with other pup il s and with
teachers;
" the choice and interests of the pupil ;
" the ability to accept or confor m to new and different
ed ucationa l environment;
" the moral s, cond uct, health and personal stand ards of
the pupil ;
" the request or consent of parents or guardi ans and the
reaso ns ass igned th erefo r. "
(2). The C ity Superintendent of Schools wi ll ad minister
these prov isions, subject to the supervision of the Board.
[ 18 ]
�(3). The Superintendent will designate the school to
which each child applying for assignment or transfer shall
go. "All existing school assignments shall continue without
change until or unless transfers are directed or approved by
the Superintendent or his duly authorized representative. "
( 4) . Applications for admission, assignment, or transfer
and/ or placement shall be directed to the Superintendent
and delivered to the school principal between M ay 1st and
May 15th.
(5).
A separate applica tion must be filed for each child.
(6). Application forms must be filled out and signed by
parents or guardians and notarized. The Superintendent
may require interviews, tests, and investigation.
(7) . Notice of action taken shall be mailed to parents
or gua rdians within thirty days or not later than June 15th
and will be final action " unless a hearin g before the Board
is requested in writing within ten days from the date of
mailin g such sta tement."
(8) . Parents may file in writing objections to as, ignment
or request transfer to "a designated school or to another
school." The Board shall act on same within a reasonable
time. A hearing will be begun within twenty days of decision by the Board that a hearing is necessa ry.
(9). H ea rings on requests for transfers shall be conducted by the Board or not less th an three of the members
of the Board , and decisions "of the members or a majority
thereof sha ll be deemed a fin al decision by the Board ."
(I 0). Unless postponement is requested by the parents
or guardi an, the Board will notify them of its decision
within ten days after conclusion of the hearings. Every
appeal shall be fin all y conducted by the Board before September 1st. Any person dissatisfied with the final decision
of the Board may appeal to the State Board of Education.
(1 1). Th e Boa rd may ass ign certain pupils to vocational
o r other special schools or termin ate their public school enrollm ent altogeth er.
( 12). " Beginnin g September 1, 1960, or on September
1, fo ll owin g favorable action by the General Assembly of
Geo rgia, student assignm ent in the Atl anta Public School
System shall be made in accord ance with aforesa id rules
and regul ations and with out rega rd to race or color. F or the
fi rst school yea r in which it is effecti ve, th e pl an shall app ly
to the students in the 12th grade. Th ereafter , in each successive year, th e pl an shall be ex panded to the immediate
lower grade; e.g. in 196 1-62 grade 11th, in 1962-6 3 gra de
10th, etc. , until all grades a re includ ed. "•:•
( 13) . " N othin g conta ined in this resolution shall prevent the separation of boys and girl s in any sch ool or grade
or to prevent the assignment of boys and girls to separa te
schools.··
( 14). T hese ru les shall be contin gent upon th e enactmen t of sta tutes by the General Asse mbly o f G eorgia and
shall be submi tted to the Genera l Assembly fo r approval.
• O n May 9, 1960 U. S. Distri ct Jud ge H ooper rul ed th a t
the P la n of t he Atla nta Boa rd of E duca ti o n fo r grad ua l desegrega tio n be put into o perat io n o n May 1, 1961. A pplicat ions to the twelfth a nd e leve nth grades of the Atla nta Public
Schools were received fro m May I to I 5.
[ 19 ]
�The Atlanta Public Schools:
Some Facts and Figures
Prepared by the Atlanta Department of Education
THE FOUR SCHOOLS TO BE DESEGREGATED
Brown High School, named for Joseph E. Brown,
Civil War governor of Georgia, is located at 765
Peeples Street, S.W. West End, as the section is
popularly known, is an old and established part of
the city where the population now comprises low to
middle income families, although many longtime
residents still retain and live in their fine old homes.
It is a section of strong loyalties and considerable
pride of accomplishment. The principal of the school,
Maxwell Ivey, formerly principal of Hutchinson
Elementary School and former Director of Athletics
and coach of champion football teams, is serving his
first year as a high school principal at Brown. The
school may be reached from City Hall by driving
west on Whitehall, thence to Gordon, left on Peeples
for three blocks. There are about 1200 students and
50 teachers in the school. In 1961 there were 131
graduates with approximately 45 % attending college. Both students and teachers are very loyal to
the school and its fine tradition of good conduct and
high ideals.
Murphy High School was opened in 1930. Its present principal is George M. McCord whose tenure as
principal began in 1942. Mr. McCord is well known
in national camping circles, is very active in
YM CA, and other youth serving organizations.
Thei address of the school is 256 C lifton Street, S.E.,
adjacent to Memorial Drive. The school may be
reached by going east on Memorial Drive for approximately 3 miles. There are approximate ly 1200
students and 50 teachers in the school. Of the 205
graduating this year, about 50% continued in college. The community is a section of moderate priced
homes, law abidi ng citizens, and church-going population. The school is particularly noted for a balanced program of meeting student needs and interests.
Henry Grady High School was created in 1947 from
old Boy's High School and old Tech H igh School
which was once situated in the same building and on
the same grounds. Named for Henry W. Grady, famous orator a nd newspaperman, the school h as
taken great pride in its preparation of students for
college. Located at 929 Charles Allen Drive. N. E ..
( formerly Parkway Drive) the school is relatively
close to the downtown section but is also accessible
to very fine resident ial areas of the city. T he school
population ranges from families of lower middle in-
[ 20]
�comes to relatively high incomes, with considerable
diversity in religious and ethnic composition. It may
be reached by way of Peachtree, Ponce de Leon and
Charles Allen Drive; or by Peachtree and 10th Street.
The principal is Roger H . D erthick (i ncid entally,
brother of Lawrence Derthick, former U. S. Commissioner of Education) who is president of the
Atlanta Teachers Association. The school has an
enrollment of about 1500 students and there are uO
or more teachers. Approximatel y 80 % of the students continue their educatio n in college.
Northside High School , whose address is 2875 Northside Drive, N .W. , is located in an upper income
section of the city. Mr. W. H . Kelley has been principal of the schoo l since its inception in l 950. The
school is in that portion of the c ity annexed in 1952.
Former coach and Engl,ish teacher, he presides over
the school with humor and dignity. The school has
an enrollment of approximately 1100 a nd there are
about 45 teachers. More than 88 % of the 242 graduates this year will conti nue in college. The school
has maintained strong lead in football championships in recent years and is one whe re students indica te a strong school spirit. The school may be
re ached by going north on the Expressway to Northside Drive, or by going Peachtree Road to West
Wesley, turn left to Nortbside, then right one block.
Historical Facts About Atlanta School System
Established in 1872 with an enrollment of 3293 elementary
pupils and 301 high school students. Inauguration of 6-3-3
orga niza tion in 1923 with 8 junior and 4 senior high schools.
Enrollment 53,49 1 students in alJ sch ools. E stablishment of
communi ty, co-educational comprehensive high schools in
1947. Total enrollment 60,761. Annexation of 39 schools
and approximately 20,000 new st udents in 1952. Decentra liza tion of administrati on and Area organiza tion 1956.
More than 42 millions expend ed fo r new school buildings
since 1946.
Board of Education
P resident, L. J . O'Cal! aghan; Oby T. Brewer, Jr.; Dr. Rufus
E. Clement; Ed S. Cook; Glenn Frick; Elmo Holt; Harold
F. Jackson; Mrs. Clifford N . Ragsdale; Fred M . Shell.
Administration
Superintendent, D r. John W. Letson; D eputy Superintendent, D r. Rua ! W. Steph ens; Assista nt Superintendents, J arvis
Ba rnes, J. Everette D eVa ughn; Area Superintendents, Dr.
H . A. Bowen, Dr. Ed S. Cook, Jr. , D. W . H eidecker, Warren T . Jackson, D r. G. Y. Smith; Comptroll er, E . R. Holl ey.
Direct ors and Supervisory Staff
D irectors 18; Co-ordin ators and Supervisors 7; reso urce
personnel 3 J.
Area O rganization
Decentra lization of administra tion and instructi onal supervis ion by subd ividin g to 5 geograp hica l school areas under
Area Su perintendents and supervisory staffs.
[ 21 ]
�Schools
Structural organiza tion : Elementary, kindergarten through
7; high schools, grades 7-12; 2 vocational schools; 2 evening high schools; 2 evening vocational schools; 5 special
schools.
No. of
No. Enrollment A.D.A. Teachers
Elementa ry
High Schools
TOTALS
75,302
29,456
104,758
119
26
145
63,562
24,640
88,202
2,265
1,220
3,485
High Schools
Minimum requirements for diploma (beyond 8th grade) :
English 4 units, social studies 3 units, m ath 2 units, science
2 units, "activities" 2 units, electives 5 units. College preparatory a nd distinctive diploma curricula available in all high
schools.
%
Noof
No. of A11e11ding
A .D.A . Grad11a1es College
Name
Tea chers
23%
120
50
988
Archer
45%
36
665
112
Bass
45 %
51
1087
131
Brown
516
D ykes
25
27
547
80
East Atla nta
41
924
177
20%
Fulton
552
George
30
64
80%
1356
Grady .
60
256
81
1784
243
29%
Howard
Murphy
49
1030
48%
205
53
1091
239
85%
North Fulton
·242
44
981
88%
Northside
42
O'Keefe
786
87
23%
1614
29 %
Price
78
200
43
840
25 %
107
Roosevelt
Smith
36
532
18%
98
1147
47 %
Southwest
53
234
Sylvan
46
1021
41 %
179
Therrell
29
585
1623
Turner
69
201
45 %
2243
106
W ashingto n
324
68 %
1072
West Fulton
52
148
21 %
finances
Operating budget, 30 millio ns. Sources of income: local
taxes 55.1 %; sta te taxes 28.2 %; other sources 2.5%; cash
b ala nce 14.2 %. Allocation: administrat io n 2.1 %; instruction 71.9 %; m a intenance 4.7 %; operation 7 .0 %; opera tin g
b alance 5.6%; others 8.7 %.
Tea cher Salaries
(Annu a l sa lary in 12 monthly payments)
Certifica1io11
Mi11 in111111
Maxim 11111
Years
to R each
M axi11u11n
$4308
4500
4920
5520
$6540
7164
7896
8688
19
22
24
25
B.A. .
M.A . . . .
6 year College
Doctorate
Buildings and Grounds
Category
E lementary
High School
TOTALS .
No.
Units
130
45
175
No.
Acres
535.5
343.1
878.6
[ 22 ]
No.
Classrooms
2 194
1186
3380
Va/11e


$4 1,985,331
30,692 ,01 I
72,677 ,324
�libraries
No .of
Books
280,211
208,413
488,624
Categories
Elementary
High School
TOTALS
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1,312,974
306,972
1,619,946
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Circulation
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Elementary
113 5,416,697 8,813,776 $1,806,116 $1,820,732
High
Schools . 24 1,666,919 2,445,01 5
921,274
920,331
TOTALS 137 7,083,616 11 ,258,791 2,727 ,390 2,741,063
Special Education
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High Schools
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Radio and Television Education
Radio a nd television statio ns owned by Board of Education.
Over 500 radio and TV sets in the schools;" over 60,000
studen ts viewing and hea ring 89 radio a nd 58 TV programs
per week in 139 schools. TV instruction in Health, General
Science, General Biology, World History, Physics, Social
Stud ies, Mathematics, Frenc h and S panish.
Health and Physical Fitness
Required of all e lementa ry p upils a nd 8th a nd 9th grade
stude nts. Interscholastic a thle tic program in 2 3 high schools
comprises J7 teams in each hjgh school in 10 different
activities under 11 5 teacher-coaches. P a rticipatio n, exclusive of bands a nd pep squads, by 5,000 students in 113
home games viewed by 200,000 spectators.
Audio-Visual Education
Esta blished in 1921, one of the oldest educa tional aud iovisual depa rtments in the na tion; school system has 5,000
pieces of A-V equipment and 10,000 A-V items; 2,000
presentations in classrooms; planetarium for space science
instruc tion; primate ho use with fu ll-time instructor.
Future Plans and Needs
Three new high schools; 400 additiona l elemen tary c lassrooms; warehouse a nd school services building; administration building; c urriculum development, super-visory, and
materia ls center; a utoma ted da ta processing equipment
a nd staffing; expansion o f curricular a nd instructional
leade rship program .
[ 23 ]
�MAPS of high school grounds
by Atlanta Police Dept.
BROWN HIGH SCHOOL
GOROoN'
l
HENRY GRADY HIGH SCHOOL
I
N
[ 24 ]
�Red line marks curb across adjacent streets. This
line encloses area off-limits to public and press.
MURPHY HIGH SCHOOL


-r-=-
C I TY
LIMIT
fJEKALB
co.
~
M
NORTHSIDE HIGH SCHOOL
fr
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WESLE Y RO
- 11- --------·-- ----- -- . J
[ 25 ]
.
N
�1 ~
Information About
the Transfer Students
All of the ten transfer students, in the words of
Deputy School Superintendent Rua! Stephens,
" have outstanding school academic records, made
excellent scores on the tests given them and very
favorable impressions" when the y were interviewed by school officials. Some of the 10 were
accepted in spite of the fact that their residences
are nearer their present schools than the schools
they asked to attend . School officials said that in
such instances there were factors of " overriding
importance" which figured in the decisions to accept the students.
In one case, a youth aspired to go to the Naval
Academy at Annapolis and was unable to get the
ROTC training or special college preparatory
courses in m athematics and physics at his present
school.
School officials m ade it clear from the beginning
th at an important consideration in whether a
Negro student was accepted or rejected would
be his chances of doing well in a new school environm ent. Those finally accepted had composite
test scores wh ich in most instances exceeded the
median composite scores of the grades and schools
to which the y are being transferred.
Allen , D emaris-16 years old. Accepted for the
12th Grade, Brown High School. Composite test
score: 94.6. Median in 12th Grade at Brown:
66.4. Asked for transfer in order to receive speci al training in social studies , science and mathematics. Special interest: Arch aeology. Previous
extra-curricul ar activities : Dramatic and Dance
Clubs, Junior Red Cross, Honor Society.
[ 26 ]
�Black, Willie Jean-15 years old. Accepted for
11th Grade, Northside High School. Composite
test score: 93 .8. Median in 11th Grade at Northside: 82.8. Asked for transfer because of superior
curriculum offered in science and mathematics.
Special interest: Medical career. Previous extracurricular activities: Laboratory assistant, Honor
Society, Science program at Morris Brown College.
Gaines, Donita-16 years old. Accepted for 11th
Grade, Northside High School. Composite test
score: 92. Median in 11th Grade at Northside:
82.8. Asked for transfer because of superior curriculum . Special interest : Engineering. Previous
extra~curricular activities : Honor Society, Library
Assistant, Student Government, Y-Teens.
Ho lmes, Marth a A on-17 years old . Accepted for
12th Grade, Murph y High School. Composite test
score : 72.2. Median in 12th Grade at Murphy :
65.6. Asked for transfer because of crowded conditions at Howard High School. Special interests:
Chemistry and m athem atics. Previous extra-curricul ar activities: Band, Business-office assistant,
English Club, Honor Society, Student Government.
Jefferson , Lawrence-] 7 years old. Accepted for
12th Grade, Grady High School. Composite test
score : 85.8. Median in 12th Grade at Grady: 79.
Asked for transfer because of overcrowding at
Howard H igh School. Speci al interests: Mathemat ics and English. Previous extra-curricular activities: Honor Society, Student Government,
Cit y-wide Stude nt Council.
[ 27 ]
�McMullen, Mary James-16 years old. Accepted
for 12th Grade, Grady High School. Composite
test score: 69.6. Median in 12th Grade at Grady :
79. Asked for transfer because of overcrowding
at Howard High School. Special interests: Social
Science teaching. Previous extra-curricular activities: Basketball, Choir, Cheerleading.
Nix , Madelyn-15 years old. Accepted for 11th
Grade, Brown High School. Composite test score :
·83 .6. Median in 11th Grade at Brown: 65.8.
Asked for transfer because of superior curriculum
in mathematics and physics. Special interest :
Medical ·career. Previous extra-curricular activities : Honor Society, Orchestra, Student Government.
Simmons, Arthur C.-16 years old. Accepted for
12th Grade, Northside High School. Composite
test score : 84.4. Median in 12th Grade at Northside : 84. Asked for transfer because of superior
curriculum, particularly Mechanical D rawing.
Special interest: Engineering. Previous extra-curricular activities : Honor Society.
Walton , Rosalyn- 16 years old. Accepted for 11th
Grade, Murphy High School. Composite test
Score: 56.8. Medi an in 11th G rade Murphy:
67 .8. Asked for tra nsfer because of proxim ity to
home. Special interest : E lementary school teaching. Previous extra-curricular activities : Choi r,
Honor Society.
Welch, Thomas E .-1 6 years old . Accepted for
11th Grade, Brown High School. Compos ite test
score: 89 .2. Median in 11th G rade at Brown:
65.8. Asked for transfer in order to take ROTC,
unava ilable at Washington H igh School. Special
interest : Admission to A nnapolis and future
N aval Career. P revious extra-curricular activities :
Chorus.
[ 28
l
�Sigma Delta Chi
Code of Ethics
I. The primary function of newspapers is to communicate to the human race what its members do,
feel and think. Journ a lism, therefore, demands of
its practitioners the widest range of intelligence,
of knowledge, and of experience, as well as natural and trained powers of observation and reasoning. To its opportunities as a chronicle are
indissolvabl y linked its obligations as teacher and
interpreter.
II. To the end of findin g some means of codifying
sound practice in just aspirations of Am erican
Journ a lism these gains are se t forth:
1. RESPONS!BlLITY
The right of a newspaper to attract and hold
readers is restricted by nothin g but consideration of p ub lic we lfa re. The use a newspaper
m akes of th e sha re of public attention it gai ns,
se rves to determ ine its sense of responsibility
whi ch it shares wi th ever y m ember o f its staff.
A jo urn a list who uses his power for any selfish
or o th erwise un wo rthy purpose is faithless to
a h igh tru st.
2.
FREEDOM OF THE P RESS
Freedo m of th e press is to be guarded as a
v ita l rig ht of m a nki nd. It is th e unqu estion able
rig ht to di sc uss whatever is not explicitl y forbidden by law, incl uding the wisdom of any
restrictive statu te.
3.
I NDE PENDENCE
Freedom fro m a ll ob liga tions, except th at o f
fide lity, to th e pub lic in terest is v it al.
A. Pro motion of any p ri vate interest, co ntrary
to the ge nera l we lfa re, for whateve r reaso n, is not co mpatib le with honest journalism. So-called news co mmuni ca ti ons
from private sources should not be published wi th o ut public notice of their sou rce
or e lse substa ntiation of their claims to
va lue as news, bo th in fo rm and substance.
B. Pa rtisanship, in editorial comm ent, whi ch
knowingly departs fro m the truth, does
vio lence to the best spirit of journ a li sm ;
in the news columns, it is sub versive of a
fu nd amental pri nciple of the p rofessio n.
4.
ALL SINCERITY, TRUST, ACCURACY.
Good fa ith with the reader is the fo un datio n
of all journa lism worthy of the name.
[ 29 ]
�Youth-Serving Organizations Section:
Chairman, Mrs. John Steinhaus
Co-Chairman, Mrs. R. H. Brisbane
Atlanta Boys Clubs
Atlanta Girls Clubs
Atlanta Jewish Community Center
Bethlehem Community Center
B'nai B'rith Youth Organization
Girl Scouts
Grady Homes Community Girls Club
Interdenominational Youth Center
Religious Education Association
Salvation Army
Temple Youth Group
Wesley Community House
YMCA
YWCA
Religious Organizations Section:
Co-Chairmen: Reverend Nat Long
Reverend Norman Shands
Atlanta Chapter, American Jewish Committee
Diocesan Council of Catholic Women
Georgia Council of Churches
Greater Atlanta Counci l of Churches
Interdenominational Ministerial Alliance
United Church Women of Atlanta and Georgia
Churches of every faith:
Catholic, Eastern and Greek Orthodox, Jewish
and Protestant; and every denomination within each faith:
Jewish : Orthodox, Conservative, Reform.
Protestant : Alli ance, Assembly of God, Baptist,
Christian Science, C hurch of Christ, Church
of God , Congregation al, Episcopal, Friends,
Holiness, Latter Day Saints, Lutheran, Methodist, N aza rene, Primitive Baptist, Presbyteri an, Salvation Army, Seventh Day Adventists,
United Liberal , Unity.
[ 32 ]
-
�~
37
�Mississipp.i Governor here next Tuesday
All Northsiders invited
to hear Ross Barnett~s
battle plan for South
Mississippi's Governor Ross R, Barnett, crisis-tested guardian
of Southern conservatism whose strength of mind forced the impulsive U,S, Attorney General Kennedy to retreat in shame and
seek other opponents, will address Atlantans next Tuesday night
to (July 16) on how the South can restore Constitutional Government,
ly
He will speak in the ballroom as it will as a tax burden over
of the Dinkler Plaza Hotel, start- tne next 30 years for property
1_
ing at 7:30 o'clock, before a owners of this state,
first anniversary meeting of the
• • •
1_
fast-growing Atlanta Citizens
TODAY, Governor Barnett's
Council to which admittance is 'p I an for Southwide political
free for all white patroitic At- solidarity in the 1964 Presilantans.
dential election has Southwide
J,K, Callaway of Old Ivy Road, interest, Recently, some 1,000
president of the Atlanta Citizens persons from virtually every
Council, says arrangements have Southern state attended a $25-a
been m~e to accomodate all who plate dinner meeting in Jackson
come,
Miss., to cheer Governor Barnett
• • •
and Alabama's Governor George
JAMES H, GRAY, editor and Wallace as they urged the Deep.
publisher of The Albany Herald South to unite behind the plan to
and until his resignation was ac- block any liberal candidate for
cepted by newl y-electedGov- President,. ,and just which nonernor Sanders was chairman of liberal candidate the South will
the Georgia St ate Democratic endorse will be the result of unp arty, will introduce Governor emotional, politically-expert deBarnett at the meeting next Tues - cision to get this whole nation
day night, Mr, Gray is an able off the hook of communism.
speaker, fully informed on the
Georgia 's Jim Gray offered
pr oblems the South faces and he delegates to that Jackson dinner
,has never wave,;:ed in his res is- me e ting a resolution calling on
tance to the indignities offered citi zens in every Southern state_
Southerners since the Kennedys to take all necessary actions for
moved into their Washington ·adoption of the Barnett plan and
powerhous e. He is the man who that resolution was unanimously
e bought the integr ation-threatened adopted,
public park in the heart of Albany
• • •
and made it a pr ivate, segreIn urging all Norths iders to atgated park, His forewor ds in his tend the Tuesday night meeting,
introduction of Governor Barnett Northsider Callaway said: • 'Govundoubtedly will be as enlighten- ernor Barnett, by his courageous
i ng to Northsiders as will be the actionl:I°, has become the symbol
m a in address b Y the notable of Southern determination, He has ,
Mississippian.
been on the firing line, and he has
Governor Barnett's plea for not yielded, He has earned the
Southern unity in the 1960 Presi- admiration and respect of the
dential race resulted in 15 ?eople of Georgia, and of loyal:
•electoral' vo tes being cast for Americans everywhere, L e t's .
Senator Harry F. Byrd, the Vir- ihow Governor Barnett thatwe 1n,
ginia Democrat, for President, Jeorgia share his determination·





Georgia Democrats missed the to ~n this fight!"
boat in 1960, preferring to barter
with Kennedy through a $100 - ·- - - - - - - - - - ~



M,11~ ..'1!,11111--!!


million bond issue which will
.never be forgotten, _coi:itinui . Al ,...- , • ..,,., r. . l ~

~~
�7
Mayers off ice
Atilnta City Hal
68 Mitchell st city
�Notices Going Out
To Help Mail ZIP
By MICHAEL WRIGHT
Atlanta postmen were delivering
200,000 notices to postal patrons
Monday announcing the start of
the Zoning Improvement Plan
Code program.
"The notice delivered to each
resident, business firm, and box
holder gives the new five-digit
ZIP Code Number to be used in
their return address," Postmaster
Burl Sanders said at a Monday
press conference.
ZIP Code, a five-digit coding
system, is intended for all classes
and types of m ail, he said.
"The first digit identifies the
geographical area," the postmaster reported. "The second and
third .digits, together with the
first, identify the major city or
sectional center, and the fourth
and fifth digits identify the post
office or other delivery unit."
C. Banks Gladden, Regional
Director of the Atlanta region of
the Post Office Department, said
that the new program for distributing mail was "born of necessity" and may forestall postal
rate increases.
"The postal service now handles
nearly 70 billion pieces of mail
annually," Mr. Gladden said.
"With the ZIP Code mail will be
handled faster and at a lower
cost."
ZIP CODE will not reduce the
number of postal employes, he reported. "Using this new system
the Post Office Department will
not have to hire additional people to handle increased volumes
of mail,"
Public co-operation is expected ,
Mr. Gladden said, "because our
goal is to reduce operating costs."
�{
WHAT IS THE GR.EATER ATLANTA
COUNCI~ ON HUMAN RELATIONS •••• ?
It is primarily a meeting ground
where Negroes and ·whites can discuss their problems and get better
acquainted. It works to secure
dignity and freedom for all persons and to solve problems without hatred or violence.
�2
WHAT DOES . THE .GREATER ATLANTA COUNCIL
ON HUMAN RELATIONS DO •• ?
By informing, consulting, conferring,
it is working •••
• To bring a.bout desegregation of
medical and he a lth services and training programs •
• To make desegregation of Atlant a' s
schools and colleges successful •
•To provide a. Student Council for
hi gh school and co lle ge s t udents wit h
a n opport~nit y to work f or b etter huma n r el a tions i n the i r own a ge gr oup •
•To mai nt ain c los e contac t wi t h Negro
trans f e r stud ent s and the ir parents •
•To increase merit emp loyment.
L
. To provide hospitality f or f or e ign
visitor s in our c ity •
• To consu lt with ministers, educators,
civic leaders before probl ems become
critical.
A
. To make cultu ral fa cil itie s available
to a ll citi zens •
• To impr ove housing, education , employment, health service s , public a.ccomodati ons and t he arts for al l c itizens of
Grea t er Atlanta.
C

I
�2
3
WHAT DOES THE .GP.EATER
ATLANTA com I Ii,
.
ON HUMAN RELATIONS DO •• ?
By informing, consulting, conferr ng,
it is working •••
• To bring a.bout desegregation of
medical and health services and
ing programs •
rain-
• To make desegregation of Atlant 's
schools and colleges successful •
•To prov ide a Student Council fo
hi gh schoo l a nd col lege students with
an opportunity to work for bette human relations in their own a ge
oup •
•To maintain close c ontac t wi t h .gro
transfer students and the i r par , ts .
.To increase merit employment.
LAST YEAR THE GACHR HELPED:
.To dese greg a te Decatur- DeKalb li.To provide hospitality for f or e i n
b rary ••
visitors in our city.
• To desegregate Grady Hospital
training pr ogr ams •
• To consult with ministers, educ a ors,
• To de segre ga t e Atlanta. movies •
civic leaders before problems be ome
.To pr e par e a s ur vey of employment
critical.
practices ••••
ALSO GACHR
.To make cultural facilit ies avai lable
.Couns eled with Transfer Students •
to all citizens .
• Comp iled a. list of inte gra ted f acilities •
• To improve housing, educati on , e ploy. Presented UN Undersec r etary Ra lph
ment, health servi c es, publ ic a.c omoBunche and White Hous e Associate
dations and the arts for al l cit zens of
Pr e s s Se cretary Andre w Ha tcher a s
Greater Atlanta..
s pecial speakers to the community •
• Opened office and doubled membership •
• Distributed a monthl y Newsletter a nd
he ld mont hly membe r s hip me etings.
COOPERATED WITH OTHER GROUPS
�/
5
IAT IS THE 1963 GOAL OF GACHR •• ?
.To increase membership to 1,000
,To continue monthly luncheons
for members and friends (first
Mondays at Central Y¾CA)
,To continue monthly Newsletter
and periodic special reports
,To continue work in special areas
such as education and housing •
.To r aise a budget of $ 10,000, which
is needed to maintain office and
pr ogram:
$ 3,300
Offi ce Sec r et ar y • • • •
1, 020
Offi ce r e nt •••••• ~ ••
78 0
Te lephone •• • •• • •••••
72 0
Postage .•••• • •• • • • ••
Su pplies & e quipment
960
Special program pr o j ec ts
suc h as student work2,500
shops , etc.
Conti ngenc y
72 0
Total
$ 10 , 000
CSalaries of Director and Assis t a nt
Director, this year pr ov i ded by
Uni tarian Servi ce Cojllffiittee, Inc.,
a world- wide, non-sec t ar i an serv ic e
organization, a.spa.rt of it s human
relation s program thr oughout the
world, tot a l over $ 10,000).

�6
THE GACHR •••• ?
HOW CAN YOU HELP •••••••• ?
.You can become a member. Annual dues
are $ 5 per person or $ 9 per couple •
• You can join in soliciting new members and donations •••
• You can submit names of people who
may be interested in joining or
giving •••
• You can accept a special job to
raise funds •
• You can give volunteer time a.t office
or a.t home •••
• You can collect $1 from people in
yo~r church, club or social group
who may say "I wish I could do someth i ng" •••
• You can a.ct on your own convictions
a,nd encourage others to, do the same ••
Greater Atlanta. Council on Human Relations
5 Forsyth Street, · N. w., Atlanta. 3, Ga..
Phone:
523-1581
I would
( )
( )
( )
( )
( )
like to support the GACHR by
becoming a. member
volunteering my services
giving a. donation
soliciting funds
office work
Name •••••• ••••••••••••••••••••••••••••••••
Street• • ••••••••••••••••••••••••••••••••••
City •••••••• ~•••••••••••••Zone ••••• St a. te ••
Telephone number••••••••••••••••••• •• •••• •
( ) I enclose$
dues
( ) I enclose$
dona t i on


�,,.
'How Numerous
Swimmers Now?'
The Editors: It would be interesting to know just what the
attendance is at the formerly
white city swimming pools.
Yesterday I cow1ted two people in the Oakla11d city pool
ar ound 6 o'clock. Last year
when my children used the pool
there would be several hundred
still there at that time. Earlier
Silllday afternoon, just after the
pool opened, the entrance of
about six Negroes practically
emptied the pool of what white
persons were there.
The Negro speaks of moral
' rights and not obeying laws that
he does not believe to be just.
Is it morally r ight for a few
such as the six Negroes to deny
hundreds of whites their rights
i:Jacause they do not care Lo
bathe with them in public?
··
PERRY STEPHENS.
Atlanta.
I
I"'

�Negro Held
In Car-Bump
Melee Case
r
!l-
._.
-
A young Negro, arrested during the weekend after a melee
that grew out of a mi nor rearend collision of two cars, has
been bound over to Fulton Criminal Court on a charge of assaitlt and battery.
The Negro, Robert Lee Freema n, 22, of 756 Capitol Ave.,
was placed under a $500 bond.
At the same hearing the judge
dismissed a related charge of
assault and battery against a
white man, Warren D. Young,
23, of Rte. 2, Lithonia .
Detective H. A. Quave said
he was told that the white man
was struck with a brick and the
~egro with a wrench during the
1elee. Both men were treated at
rady Hospital for head wounds.
The affray occurred after the
~man's car bumped or jarred
rear of Young's at a street
rsection.
l
To
Cl,
Gov.
speake
Chamt
banqw
at 7
Depot
Bai
Year
Char
said
cam
indt
in f
M
exp
,,
�Los Angeles Herald-Examlaer
Long, Smathers
Sunday, July 14, 1963
1
I:
The South Rises - to Fight
Marchers
Will Defy
Guard
!From UPI a nd AP>
mission recommended it,
WASHINGTON, July 13- but now he flip-flops and
Sen. Russell B. Long, D-La., comes out with a complete
vowed today to oppose one surrender to minority presor President Kennedy's civil sure groups.
rights proposals "until hell The Louisiana senator said
freezes over. Then I propose he would like to see a nato start fighting on the ice." tional referendum on the
Sen. George Smathers, civil rights legislation. He
D·Fla., also came out in op- acknowledged there was no
position to features of the chance of such a ·vote being
President's program and an- held but said that if it was,
nounced he would filibuster "the civil rights bill would
against the overall legisla- be voted down."
Smathers said: ' "I think
tion.
Long objected to the Presi- .. . that the tax reduction
dent's request that the gov- bill which would stimulate
ernment be empow~red to the economy- and provide
cut off Fed~ral funds m_are~s more jobs for all of our
wher~ racial segregat10:r:1 IS peop l e- and particularly
pra?tI~ed. In a trans?r~bed the Negro citizen is much
radio mterv1ew for Loms1ana more h,elpful . . . and much
stations, Long commented: more beneficial in the long
CAMBRIDGE, Md., July 13
leaders, defying
the National Guard's ban on
demonstrations. have served
notice they will resume street
marches Monday in an effort
to break down racia). barriers.
IA'! -Negro
"Our people are restless.
They want their freedom
and they are determined to
acquire those legitimate
rights which have been too
long denied them," said a
statement by the Cambridge Non-Violent Action
Committee.
Assail Rights Bill
I
The committee is headed
"President Kennedy originally said he was opposed
to such power being given
to the Chief Executive
when the Civil Rights Com-
by Mrs. Gloria Richardson,
run th an the so-called sort
of visionary rights which
he talks about and the socalled civil rights bill."
militant integrationist leader.
What will happen when the
National Guard confronts the
The Florida senator said
demonstrators remains to be
he will not support( a section
seen. Last night about 250
of the President's program
m archers dispersed when
which would desegregate priBrig. Gen. George M. Gelston
vate businesses serving the
quietly notified them they
would be violating militia
law, invoked by Gov. J. Millard Tawes.
The integrationists praised
the guard for its "impartial"
handling of the tense situation, but accused Gov. Tawes
A SOCI ETY O F HIS OWN - As members of the
of "inaction and
lack of posiWASHINGTON, July 13 lil'!.
NAACP began pie keting privately- wned St. Louis
tive leadership."
The Justice Department 11as
Tawes has turned down deamusement parks, so did Ernest Meixner. Astride a
asked the courts to reopen
mands for a special legislawhite mule, he called for a National Association fo r
voter registration in Jackson,
Always on the Dot
when you
tive session.
t he Advancement of White People, and picketed
Miss., shut down a week ago
Under watchful eyes of 400
at the l'ieight of a Negro regisGuardsmen, the city dist he pickets. However, there were no erious incidents.
trat!on drive.
Travel In
Atty. Gen. Robert F. Ken·
played an uneasy semblance
Jersey
of normalcy today. There
nedy, announcing the filing
was no immediate sign of a
of a suit in Jackson, said
further outt'>reak of racial
the action was taken only
violence.
I
·f
1 ff rt b th
0
The day wore on without I


~t;!:m~~ah:d f.!1e~ t!


trouble. Gelston said he was I
get voluntary reopening.
s izes 16½ to 24½
thinking o~ relaxing some j
Named as defendants in the
and 38 to 52
of the drastic curbs cla143.215.248.55d
(Continued fr"om Page 1) had arrested for trespassing,suit were the registrar, H. T.
P u re acetate jersey,
on the town under m1hba
in Southwood.
IAshford Jr., and the state of
drapes so gracefully,
law.
_
"because it is a good home
Jackson and his wife, Alyce,1Mississippi.
~
ht and a good buy." He ·denied
shies fro m creasing, ·
For example, he mig I that any integration group were present at ~he press con-1 The suit said Ashford asked
packs a n d unpacks
change the off-the-streets cur-,
f.
.
th
h
ference and said they were the Hinds county circuit court
from 9 P m to 10 P m
was mancmg e pure ase, "
h
" b t wn ,
few
always ready to b
"
· · .


·.


but declined to say where very appy a ou
son s to close registration on July
.worn. Youthfu l styl
We ar~ _3!SO mveSt igat~gl the necessary loan was be- agreement to .sell them a 3 and an order was promptly
the poss1b1llty ~f allowmg .
d
home.
issued Glosing all registr ation
with a cardigan nee
.
·
package goods liquor stores mg arrange ·
line, skirt of unpress
Meanwhile
Torrance
police
TROUBLE?
m
the
county
until
after
the
to reopen··· we know peoplel·
'
Nov 5 election
pleats. Wh ite. dott
are bringing liquor into cam- breathed a sigh of relief. Asked if they expected any
·
.· .
black or navy blue
bridge and we feel it's not T ~ e i r vacation schedule, trouble from their new neigh- Ashford said his ~mall staff
fa'.ir for the package goods lWhich had been suspended bors or others, Mrs. Jackson was overburdened m prepa_r·
stores to be penalized " he during the recent Southwood replied:
mg for the Aug. 6 Democratic
____
'
picketing an d demonstra"No. 1 don't, really. How· primary, in which 138 name~
said,
tions, was restored according ever, if anything s h o u 1 d will be on the ballot.
. happen, I hope that I shall But the department deto Lt. Swayne Johnson.
Even the "token" picket be able to face it intelli· ,clared Ashford sought the
Louisville
line, which leaders of the gently."
·order closing registration "to
Congress of Racial Equality The Jacksons have a five- frustrate the Negro registrahad indicated would con- year-old son, Eric, who would tion drive, thereby perpetuattinue outside the Southwood be the only Negro child en- ing the imbalan ce between
City Jobs
sales office until the Jack- rolled in a Torrance school. the percentage of Negro and
LOUISVILLE, Ky., July 13 sons actually move in, failed But Jackson said no trouble white persons registered in
m-Mayor William Cowger to appear Saturday morning. is expected there since the the county."
issued an executive order
AGREEMENT
boy already attends a private
- - -today banning discrimina· Wilson's acceptance of the school and will probably not
It's Her First
tion by contractors doing deposit-and his agreement be enrolled locally.
business with the city, ef- to meet other demands of At present, the couple live
fective. Aug I.
,the integrationist group - in a rented home in west Los
Years
In_ an ad~inistrative di- Jwere disclosed F~iday at a Angeles.
LONDON, July 13 (A'!-Dr.
The Negro salesman, Wil·
rective to city department 1press conference m Wilson's
heads, the mayor said to- general offices at Gardena.
son explained, is already Margaret Murray, n o t e d
day a clause will be in· I In his own statement, Wil- employed by him at another Egyptologist and specialist
serted in contracts and bid Ison said he had met with of his tracts - but will be on witchcraft, is celebratinvitations requiring con· 1heads of the NAACP and the shifted tn t he future to sell ing her 100th birthday here.
Her 90,000-word autobitractors to bar discrimina- United Civil Rights Commit- houses at various t racts
tion beca1;1s~ of race, c~eed, t~e F'.riday morning, after he without regard to predomi· ography, "My First Hundred
co!o~, religion or national /dismissed charges against 40 nant racial character of the Years," was published· yesongm.
me bers of CORE whom he areas.
terday.
Courts Get
Jacks·on
Voting Suit
PICKETING THE ~ICKETS
The p•ICkef 5 V:an1s
•h
In Torrance Peace .
only
I
Ba ns Bias
In
100
1 ,
699
public or a provisfon to authorize the attorney general
to bring school integration
suits.
~mathers said he doesn 't
thmk Southern opponents
can cond~ct a successful f!li~uster without some Republlcan help.
SUMMER SPECIAL
FUR RESTYtlNG
FREE
PICKUP &
DELIVERY
PL. 3-7351
MANCHEY
U22
sq
�Uneasy 1orrance Peace
Negroes to Move
On More .Builders l
• REACTION to Marlon Brando's charge of
racial bias in movie industry. Page A-2.
An uneasy peace hung over the integrationroubled Southwood housing tract of Torrance yesterlay as a Negro family prepared to move into the L_
ouse on which developer·-...C-- - - - - -- - - s
on Wilson accepted a ' $500 of tract homes in Southern II]
eposit Friday.
California," he said. "Those rn
who don't agree to inteThere were no pickets at grate will face ·mass deme tract, no demonstrators onstrations an_d picketing."
and few sightseers.
Other Negro leaders were
WIDEN DRIVE
jubilant over their "victory"
In reality, however, the though, and the Rev. H . H .
peace at Southwood was lit- Brookins said the agreement
&
le more than a temporary reached with Wilson was an
µmistice. Attorney Thomas "important breakthrough" in
~eusom of the National As- ending all segregation in this
ociation ·tor the Advance- area.
ent of Colored People said Wilson, on the other hand,
·s group intends to bring denied that he had ever disressure on other builders, criminated against Negro
ow.
buyers.
"We will start work im"As I h a v e previously
mediatel}I on every builder stated," he said, "it has not
been and is not my policy to
111111111111111111111111111111111111111111~ discriminate ih the sale of my


homes-anc a statement to

that effect will be posted in

my sales offices from now


EXAMINER
~ on." ACCEPTS
DEPOSIT
ON STORY =
~
e, Page 1, Sedion
11
e, Page 4, Section
He accepted the deposit Friday from Negro attorney Odis
E Jackson on a single-story,
E three · bedroom Southwood
B E home priced at $30,000.
5 Jackson s a Id he had
B picked the Southwood home
=
lllllfllllllllllllllllllllllllllllllllllllii (Continued on Paie 8, Cols. 2·3)
�~!;:::._~ ~,:;_ t:;f5~~
~~-
01SEGRE.gf,1i ON FORM UL
A
By CATHERINE MACKIN
Herald-Examiner Correspondent With Hears! Headline service
WASHINGTON, July 13- Face the inevitable,
obey the courts and get rid of hypocrisy-that's
the basic formula followed by Atlanta, Ga., in its
progressive march towards peaceful desegregation.
Atlanta's mayor, Ivan Allen, has been asked
to come here July 26 to
t ell Congress how this sys'
t ern works.
So far, it's proven ver y
successful, and in an interview he told why.
I
In less bhan two years,
industrial Atlanta- with a
population 40 per cent Negro- has integrated schools,
public accommodations and
employment with hardly a
flurry of discontent.
try fo clues to how it's
done.
"I've heard from people
in towns large and small
and far too numerous to
mention.
"They all want to know
how we went about it," he
said.
·
Stated simply, it was
court orders and voluntary
decision.
!l"s:~·i::·;~~;:•er c't!
"But , despite hese complaints, we ve manageg.. to
keep the peace.
The hOtel and motel ownHe spoke highly of the
ers, for example, met for 15 conduct among both t.he
months before they were white and Negro commumties.
ready to put a plan into
GREAT PATIENCE
operation. The chain, variBesides responsible leadety and department stores ership shouldered bY the
took only six months.
among Atlanta's downto
Negroes, he said t hey demtl1eater owners did awa
"In Atlanta, we had the onstrated patience "because
with discrimination in May, benefit of having a great they knew the effort to de1962, and a year later, ll· deal of educated people in segregate was being made."
cial barriers were dropp
the Negro community who
in the city's fire dep
have provided very effecThe white pt>~ple, partir~
ment, the last municip 1 tive and responsible leader- ~ariy th~se with borderagency t o integrate.
ship," Mayor Allen said.
line feelings, controlled
Atlanta's
Success
Explained
CASE OF THE POOLS
"On the other hand, the
Whites

n
Sava nnah
SAVANNAH, Ga., July 13
(UP!l- Police tlroke up a prosegregation march today of
about 100 whites who were led
by a former detective carrying
a revolver in his belt.
It was the first march of its
kind in the nation's racial
turmoil which has been
marked mainly by demonstrat ions conduct ed by integrationlst groups.
NO TROUBLE
There were no incidents.
The whites, some carrying 1
Confederate flags, dispersed 1
peacefully when a police cap-.
tain interrupted the march.
They bad walked about three .
blocks.
The marchers were mostly
members of the "Calvacade
for White Americans," a
local extreme segregationist
group headed by Henry
Brooks a former detective.
Brooks said he carried a
revolver because of telephone calls he has received
threatening his family and
home.
The march began from a
park in the city's outlying
area after Brooks urged about
300 whites present to form a
column and proceed to the
downtown area.
Negroes have conducted r 1 umerous anti . seg r e g at i o n
m arches here and earlier this
week police used tear gas to I
disperse them.
,
"It's a shame when white
people can't do the same
things Negroes have been
doing," Brooks said.
The group returned to the
park, piled into automobiles
and a pickup truck and then
paraded through town with
their lights on and honking
t heir horns. Crowds gathercri 1
at intesections and applauded them. Pollce mAintalned
a close watch on the cars.
I DANVILLE, Va., July
13 1,q,
picketing by
Negro civ I rights demonstra
tors kept harried Danville police on the run today. By
early evening, 14 pickets had
been arrested and jailed.
j The arrests stemmed from
picketing 1n two downtown
departmen~ stores by smal
groups of placard-carrying
marchers protesting alleged
them s e Ives when they discriminatory hiring polimight have spoken or cies
white people were willing fough~ against integration,
The courts this year he
to face up to the problem, he said.
The first step took place that if Atlanta's swimmi
get rid of their hyprocrisy
pools were to open, th
in
September,
1961,
when,
The mayor will testify
Atlanta is the business
and realize the Inevitable.
would have to be in
before the Senate Com- in accordance with a court grated. On June 12, ti
center of the southeast sit·
order,
Atlanta
desegregated
merce Committee current"Both white and &Jlored uated in a metropolitan
pools did so and without
ly holding hearings on the schools.
knew the future of the area of 1.1 million.
major
incident.
The following month, depublic accommodations title
community depended on
Of its 500,000 citizens,
Last J une 18, the cit s it."
of President Kennedy's civil partment, variety and chain
200,000 are Negro.
18
leading
motels
and
hostores knocked down racial
rights package.
Throughout the desegretels volunt arily desegre gation mo v ement, there
Among the 50.000 regisMayor Allen is hesitant barriers.
gated and, a short time lat- have been repeated demon- tered to vote, 45,000 ore
to appear boastful in disNegro.
In January, 1962, all city er, Atlanta's 2~ major res- strations, but not serious.
cussing Atlanta's triumph
taurants followed suit.
facilities
were
desegregated.
Atlanta has six colleges
· over segregation in the ra"We just took down the 'No
"There have been some and universities that have
cially troubled s outh.
Colored' signs," Mayor Al·
The city had no mister who thought we went too been traditionally Negro
But he did say he has len said.
plan for desegregatio11 but fast and others who claimed and of its 6000 city em,
been contacted by civic ofin each instance apwopri· we were too slow," the ployes, 32 yper cent are
ficials from across the counA voluntary agreement ate committees, usually bi· mayor said.
Negro.
March
14 More-Danville
Jail Creaks
racial, were set up to guide
the process.
J
1-SmaJl-scale
I
Thus, ittle by little, leaders in tl)e civil rights protest m o v e m e n t which
began May 31 approached
their declared objective of
filling the local jail.
Today·s arrests brought to
107 the number of demonstra-
tors taken into custody and
placed behind bars here
since Dr. Martin Luther King
Jr. called on Negroes to " fill .
iup the jail" last Thursday.
Four of those arrested have
been released on bond. Six
were juveniles and were
turned over to their parents.
The others refused bail.
�To,_ ~M=ay'!!...:::.er~ A~l==l==e:::.n.:=------ --
OFFICE MEMORANDUM
From _ _----=B:..1=:..::1=-=ll=---=H=c,..w=l=•=


. : n=d- --


Date__Jdy=-=~-=1=9--L.
. : --33.____ _
1 ---=1=9:.. 6'
I weuld suggest queting trem the attached edittrial trem tedat's Ceaatitutiea
in ,-ur appearaace befe:re the
Senate cemmittee • It gives eutside aupperl
te ,-.ur aavecatien ef veluntary actien .
I weui, alae auggeat queting the ~ er1g1nal declaratien ef the Cimalla
Chamber ef' Oemmerce •
2 • The attached ceium. n by Mary McGrery gives seme 1na1ght inte • •
et the meat ferthright ambera et tm cemmittee • Hi is a mu whe ••••
�I
Loi s Henne
ssy
S~O P i n e,,
Goleta , Ca lif
~
·'
M
yor Iv a n Allen
City of Atlanta
Atlant a ,.
Georgia
�r
THE ATLANTA CONSTITUTION
For 96 Years The South's Standard Newspaper
1-
l,

'
'

RALPH McGILL, Publisher
Established June 16, 1868
Issued da ll y except New Year' s, July ~. La bor Day,
Thanks1Uv1ng ana 1,;anstmas . Secona-ciass postage pa id at
Atlanta , Georgia .
The Atla nta Constitution (mornin g) , a nd The Atlanta
.Journal (evening), and The Atlanta Cons titution and The
,Atlanta J ournal (Sunday), publis hed by Atlanta News)>• Pers, Inc., 10 Forsyth St., Atlanta , Georgia,
· Page 4
EUGENE PATTERSON, Editor
Hoqie-delivered s ubscription r a tes: Morning and Sunday. or evening and Sunday. l week. 50c. Morning or evening dail y only. l week, 30c. Morning. eve n.ins: and Sunday
(1 3 issues), 1 week, 80c. Subscription prices by mail on
r equest. Single copies: DailY, Sc ; Sunday, 20c, plus 3%
saJes tax on sales and del iveries made within th e slate
of Georgia.
FRIDAY, JULY 19, 1963
r ·here Are Right and Wrong Reasons


For Opposing the Civil Rights Bill


Sen. Richard B . Russell's origin al op p osition to t he P resident's civil r ights bill
belabor ed t he pr oposed cure--legisla tion
- but ignored the ill-€xistence of Neg ro
grievances.
In a televi ion i nterview h e h as now
, stated t hat h e is "well aware that we're
, livin g in a social revolution." It seems to
us this a step forward by h im toward the
higher ground of recogn izing th at a p ro blem exi ts.
The other half of the question still
remains, h owever : What t o do about t he
problem?
Th e opponents of the President's bill
' in Congress w ill not have a stron g arg u' ment if-though t hey recognize exi stence
of the national problem he i trying t o
cope with-they avoid an y resp onsibility
of th eir own for helpin g olve it.
Much of t he Sou thern congressional
opposition to t he bill is ba sed on ju t
such an aveidance of responsibility, emptying the arguments to a large extent.
The implication is th at even though a
problem is conceded to exist, the Southerner in Congress is willing to block the
P r esident's effort to do omething abo ut
it while in turn offerin g the alternative
of doing nothing about it.
It i:eems to us this p os ition is 180
degr ees opposed and 100 per cent weake r than the position taken by the Boar d
of the Atlanta Ch a mber of Commerce in
i1s own r esolu tion opposing p assage of
~e P resident's bill.


* *


The Chamber opposition is b ased
neith er on den ying that a problem exi ts
n or upon the altern ative of doin g nothing
a bout solvin g it. On . t he contrary, the
Ch amber couples its opposition to the
legi lation with a specific and fort hright
alternative solu tion-volun tary p rogress
in stead of com pelled progre s.
Li ke Sen . Russell, the Chamber
~ oard fo und tl-1.e pu blic accommodations
portion of the bill to be " particularly objectionable" b ecause it would b ring intru sion of futther federal reg ulation int o
private property.
But unli ke Sen. Rus ell, t he Chamber Boar d reiterated an alternative t o the
legisla tion; it appealed " t o all businesses
soliciting bu sine s from the general public to do so without regard to race, color
or creed ," solving volu ntarily a p roblem
w hose sol ution it does not want t o see
federally com pelled.
A tlanta itself is an example of a city
t hat does not need the P re ident's pro posed law because it is recognizing the
p roblem and solving it voluntaril y. T his,
it seems t o u s, is the right reason for opposing the p ublic accommodations bill.
If the Southern opposit ion to the bill
in Congress would move up to this position which has already been taken at
home, then i t seems to us the arguments
would be geeatly strengthened, the solution of racial problems would be considerably advanced , and the dignit · and
r eputation of the South would be better
served.
h
l1
�M
__,_
tt__•y____._c~
Sen. l-lart Shifts tlie Ground,
Puts ~ ife Into R ights Heari·n g
WASHINGTON- The Negro spiritual goes : " Everybody talkin' 'bout Heaven,
Ain't going ther~Heaven." WeH, they were talking about Heaven at, of aN
places, the civil rights bearing before the Senate Commerce Committee. And because one was a liberal Demorcratic senator from Michigan and the other was the segregationist
go\·ernor of Alabam a they couldn't agree on whether in paradise there would be separate but equal
faciliUes for the races.
Gov. Wallace stmck bhe ce" I think there is one and in
Heaven will be like," he said
lestial chord first and later obfact I know there is one. I ber eprovingly.
viously wished he hadn't.
lieve be made the whole human
The governor had for two days
family and be loves all manThe pugnacious, pug-no ed
been freely predicting what would
kind, and any man who would
governor had had a happy
happen here if the Senate
mistreat anyone on account of
morning twanging out easy anpassed the civil rights bill. He
his color, I feel sorry for
swers to easy questions played
had admonished the Defense
them."
,to him lzy like-minded Sen.
department to look away from
Thurmond, Democrat of South
Any other man would have
Dixie. He had prophesied a
arolina.
said "amen" to that, but Sen.
white uprising and the end of
"Governor," asked the sena- Hart is highly unconventional
the free enterprise system.
tor , "Do you believe in equal
and he promptly put to Wallace
But Hart's shifting of the
opportunity for all men, be they
the most arresting question yet
ground to the hereafter put him
heard in the repetitious hearwhite, black or tan?"
off. His code does not permit
ings.
"Of course I do," the govhim to speculate, as Hart in" What will Heaven be like?
ernor came in. And then his
vited him to do, about the eatWill it be segregated?"
thoughts, you might say, soared.
ing facilities in Heaven, proWallace was plainly shocked.
"I am not one of these invided the human family does
"I don't think that you or I,
tellectuals who thinks there is
eat in eternity.
either one, knows exactly what
no God," he said with pride.
He said stiffly be thought that
segregation on earth was i11
th e best interests of both races .
If Hart nettled the governor
witl1 his theology, he confused
him with his open-mindedness.
He admitted he didn't lmow
sometlbing, which Wallace would
never do. He said be didn't.
know what a Negro parent
would do if be were a member of the Armed For ces who
had grown up in the North and
were assigned to the South and
had to explain local conditions
to his children.
Hart asked to be excu ed fo r
fur ther civil r ights duty downstairs in the auditorium where
a large crowd and the Senate
J udiciary Committee, of which
he is also a member, had gathered to hear the attorney general. After some inaudible exchanges about whether the
Southern senators should be
heard first, it was decided that
Mr. Kennedy should go back
to the J ustice department while
the committee heard the views
of Sen. Ervin, Democrat of
North Carolina .
Hart came through loud and
clear on I.he auditorium 's
chancy amplifying system. He
said : "We came closer to disaster in Birmingham than in
Cuba."
If he keeps up the performance of the past week, Hart
may prove that a man need e
neither a windbag nor a demagogue to make a name for him ·
self in the troubled fi eld o!
ci\' il r ights.
�r-
(/1ue(_ e rf l ~ £ ~
·1 963
CONGRESSIONAL RECORD- SENATE
18207
petition from a race whose increasing education would refute t he dogma of its Innate
!nferlorlty h a ve inhibited the atta inment
of justice.
Impa t ience ls due in p art to the fa ct tha t
some Negroes h ave att ain ed a c ollege educa tion. Thus there is n ow a n ar ticulate
core to voice the lon gings of the voiceless
m asses. They h a ve p erformed the s am e service for their r ace a s t h e artlcula te craftsm en p (lrformed for the peasants at the b irth
of d embcr a cy in the 17th cen tury. Moreover,
they have given evidence, particularly in the
realm of sp orts a nd the arts , in theater a nd
concert ball, a nd in the n ovel that the vicious theory of their Innate inferiority ls a
NEED F OR EFFECTIVE CIVIL RIGHTS
f raud. Their leaders in these fields h a ve
LEGISLATION
spa rked the flame of the present r evolt as
Mr. H UMPHREY. Mr. P residen t, I
much as the students d id with their orlgask unanimous consent th at t wo r ecent
lna.l sit-Ins a t the lunch counters and t h e ir
!reed.om rides.
articles reportin g import ant statements
on the n eed for effective civil rights
Since the r ecord of the white P rotestant
Ch u rch, except for a f ew h eroic s_pirts, ls
legislation from outstanding church
sh ameful , .one m ust record wlth gra titud e
leaders be printed in the R ECORD at the
that Negro ch urchlnen h a ve been consp icuconclusion of m y rem arks. The first of
ous among the l ea ders of the revolt. The
these articles, Mr. President, is taken
Negro church in the person of Dr . Martin
from the August 31, 1963, issue of t h e
Luther King h as valida ted itself in the llfe
of the Negroes and of the Na tion.
New York Times and r eports an action
The impa tience of the Negro will not subtaken by the Methodist Conference on
side until the l ast vestiges of legal a nd cusuman Relations at a n ational meetin g
tomary
inequality h ave b een r emoved . Revof 1,100 delegates representing 10 milolutions do n ot stop h alf way. The n ext
lion Methodists. That statement called
step has been .outlined by the President's
for Federal and State laws "that wm
new legisla tive program , which ls the n a tuopen all facilities serving the general
r al fruit of the lncreaslng tension of wh at
public to au· persons without r egard t o
he b as d efined as our "moral crises."
The legisl ative progra m as proposed seeks
ra ce." Equally as important it called
to
outlaw d lscrlinlnation 1n a ll priva te com upon all of the churches wi thin the demercial
ventures on the b asis of the 14th
n omination to make certain tha t n either
amendment a nd the intersta te commer ce
their good name nor their funds be used
clause of t he Consti tution. It will not p ass
in any way to permit racial discr imina without a grea t p olitica l struggle . If su ction. This is a very far -r each in g policy
cessful it migh t p ut t he legisla t ive ca p s tone
and one that should be both commended
.on the emancipation of the rnce. But t he
r e trea t ing white suprem acists are increasingand copied by others.
The other article, Mr. Presiden t. taken (From Christianit y and Crisis , July 8, 1963] ly desp erate. Their murders, their p olice
d ogs a n d their t error h a ve con t r ib u t ed as
f rom the July 8, 1963, issue of ChrisTHE MOUNTING RACIAL CRISIS
much to the m ou nting ten sion as the impa tianity and Crisis, is an excellent stateThe sim plest explanation for t he Increas- tience of the Negroes. We are, 1n short, conm ent on the importance of congressional ingly urgent d em onstrations of t he Negroes fronted with the ult imate , or a t leBBt p enulaction on civil r ights. It is t ypical of agains t disfranch isement, s egregation 1n t imate, cha p ter in the lon g h istory .of overthe growing sent iment among church- school and church , lun ch counter an d public com ing the Amerlca.n dilemma .
men of all faiths. This statem ent is not c onveyance, and against every public custom
Of course la ws ca nnot fina lly change t he
affronts t h e dignity of the hum an b eing,' recal citrant. Their prejudices dictate cusbased upon self-interest . It is not based tlshat
tha t the Negro fee ls-as we al l ought to toms tha t a re a t war with the explicit law
upon group interest. It is based upon f eel-tha t a century ls a long time to wa it
n ation al interest and upon moral for the ellmlnatlon of the "American dllem- of t h e land a nd t h e law t h a t Is written in to
the h eart. These prej udices are, in the Ia n - .
grounds. What we do h ere 1n the weeks m a."
guage of St. P a ul, "an other law In m y m em
Discriminations agains t a r a ce In the pres- bers warring against the l ay., .of my m i nd.'
immediat ely ahead is going to be watched
ent
historical
context
a
r
e
as
.offen
sive
to
the
closely by these good people. They h ave
One ca n only h ope t h a t t h e church will be
chosen the standard of their measure. conscience of m a n a nd as unbea rable to t he mor e effective In restr aining and transm u t v
ictims
of
discrimin
ation
as
sla
very
was
in
It is not put in terms of dollar limits or i ts d ay. If we r ecogn ize tha t the present ing these vagr a n t a nd r eca lcitrant p assions
the n umber of stores 1n the ch ain or the situ a tion ls mor e u n b earable to the vict ims of m a n tha n it h as b een in the p a.st. The
t ype of public service. It is put in terms of injustice tha n i t ls offen s ive t o t h e con- cont r ibution of Roma n Catholicism Is a n of equal treatment of all cit izens with out science of m en , we a re confronted by the other s tory.
Protes tants might begin the n ew ch a p regard to race. I hope and pray that h ardness of the human h eart, even a mon g terWe
in our nat ion a l life b y contritely confeswe will h ave the good sense to write a those whose h ear ts h a ve b een s oftened by · sing t h a t evan gelical Chrlstla nlty b as failed
h uma n sympa thy and the st irrings of con- to contribu te slgnlflcantj.y to the solution of
bill that will meet this test.
There being no objection, th e articles science. Try a s we wUl we c a nnot feel the the gra vest social Issue and evil thnt our
Na t ion h as confron ted sin ce sl avery .
were ordered to be printed in th e REcoRD, p a in of others a s vlvld1y a s they d o.
If we should s till find it a m yst ery tha t
RN .
as follows :
this burs t of r esentm ent h as com e in a
[From t he New York Times, Aug. 31, 1963 ) p eriod in which the lee of the long Winter
METHODISTS B ACK CIVIL RIGHTS P LAN-WOULD of injustice ls brea k ing-after the Sup reme ] F EASIBILITY OF ADOPTING THE
BAN DISCRIMINATION B Y THOSE SERVIN G Court d ecision on segregated sch ools h as
METRIC SYSTEM OF WEIG HTS
PUBLIC
g iven urun!stak a ble evid en ce that t h e law
AND MEASURES
CHICAGO, August 30 .-The Methodist Con - .of the Nation ls now unequi voca lly on the
Mr. PELL. Mr. P resident, on Tuesference on H uman R elatl6ns called today for sid e of justice and durin g a n ad ministration
<Federal an d State laws "th at will open all t h at h as shown m ore concern f or r a cia l day, October 8, 1963, the White House
fac111tles serving t h e general p ubllc to a ll just ice than any previous one , d espite the r eleased the first r eport of t he Consumer
Southern b ase of the r egnant p arty-we Advisory Council which r ecommends ,
persons without regard to race."
Support for such a policy, a major issue in have only to consider t h a t social revolt ls n ot, wi th oth er proposals, t hat a study be
pending civil r ights legislation in Congress , as Marx though t, mot ivated b y p ure despera- made by an appropriate executive dewas contained In a statement approved at a tion. I t ls m ot ivated b y both r esentments partment or agency of the desirability
national meeting of 1,100 delegates repre- and h opes, particularly by h opes deferred,
and p ract icability of conversion-by the
which "maketh the h eart sick ."
senting 10 milllon Methodists.
The statement took the form of a farThe Supr eme Cou r t h ad -promised inte- United Sta tes-to the metric system . I
ranging message to the denomlnation's grated sch ools "With a ll d eliberate speed ." applaud this r ecommendation of the
churches that urged church units to employ Yet a d eca d e has p assed without obvious Council, for it adds substantially to the
their e conomic power to aid integration and progress. The customs .of the Nation, the growing weight of opinion th at such a.
advocated t h at the 135 church-related col- pride of the dominant r ace, its f ear of com- feasibility study be made.
At bottom, this business Is an aitta.ck on
n o less a thing than r epresen tative governm ent. This Is oo because Congress ls the
only part of the Government which ls literally and p reolsely representat ive in structure a n d character.
Wha t the scr eamers, therefore, are really
r eaohing for , whe ther they know It or not, Is
a kind of p eop le's r epub lic where p u b lic
policy woul d be exclusively in the hand s of
a Presid ent who, though q uite democratically a nd lawfully elected, would t h er eafter
be under no r eal check at all.
l eges, including m any in the South, be
opened to aJ.J. r aces.
In urging t h a t Meth odist schools , colleges, .
llospitals and other ins t itutions b e opened
to a ll r a ces, the document proposed "that
the name of the church a nd 'funds from it.s
budget shall be withdrawn from any institu tion pursuing a policy contrary to this
r ecom m endation.
The messa ge also sta t ed, " We a re prou d
tha t Methodist yout h s h ave p articipated in
nonviolent demonstrations in b eh alf of r a cia l
j u s tice a ll over :the land.
Sp okesmen expla ined that t h e suggestions
are a d visory. They will b e submitted on a
petition to the Methodist G eneral Conference, the top legislative b ody of the d enomin ation, which will meet in P ittsburgh n ext
s pring.
The message p r oposed :
That "investment funds, s u ch as those of
·the boar d of pensions, b e u sed t o help a chieve
Integrated coxnmun.itles."
Tha t chu rch u nits develop "a progr a m of
investment only with compa n ies h aving n ondiScr imlna tory p olicies" and buy goods and
m ake contracts only with compa nies tha t d o
n ot discr imina te in hiring.
Tha t members "work towar d full integration of schools" a nd assist in voter r egistration.
Tha t bishops " prep are the grounds" for
assigning p astors and dis trict superintend ents without r egard to r a ce.
Tha t the 1964 gen eral conference of the
church take fur ther st eps to m erge t h e cen tral jurls dlctlon, wh ich ls virtua lly a ll Negro,
int o the five regional jurisdiction s.
" We cannot pre vent anot h er p erson from
approaching t h e a lta r of God b ecau se of his
r ace wi t hout being gu ilty of grievous s in ,"
t h e m essage d ecla r ed .
The m essage was a p proved by a sh ow of
h and s at the closing session of the confer ence.
I

�CONGRESSIONAL RECORD -
18208
Since I first introduced S. 1278 on
April 4, of this year , calling for such a
study by the Nation al Bureau of Stand ards, I · have r eceived communications of
suppor t from m a ny diverse groups and
individuals--professors, professional engin eers, persons concerned with intern ational tra de, editors of m agazines, and
others. In a ddition, the Depa rtments of
State, Commerce, and Defense concur
that such a study would be very useful.
T h e Committee for the Study of t he
Metric System of the American Geop hysical Union h as done notable work in
this field. The committee h as polled · a
n umber of professions with r egard t o
a dopting the m et ric syst em , a nd h as
tur ned up some rather startling figures.
The average of some 19 different groups
contacted , who consider such a chan ge
a dvantageous to them, was a very high
94 percent. Those who felt our export
tra de was suffering because, we h a ve n ot
adopted the metric system, was 69 per~
cent; and those who felt such a changeover is inevitable, 70 per cent. At this
point Mr. President, I should like to h ave
reprinted in the RECORD two documents;
one the progress report of the committee
and the second, an address by the comm ittee's chairman, Mr. Floyd W. Hough
enitled "Why Adopt the Metric Syst em."
There being no objection, the pi·ogress
r eport and address were ordered to be
printed in the R E CORD, as follows:
P ROGRESS REPORT OF THE COMMrrrE E FOR THE
STUDY OF T H E M ETRIC S Y STEM IN THE U NITED
STATES
Flo:,d W. Hough, Chairman; Carl I . Aslakson, Finn E . Bronner , John G . F erris , Helmut
E. Landsberg, G. Medina, John A. O'Keefe,
Milton 0 . Schmidt , Lansing G . Simmons,
George D. Whit more, Julius C . Speert and
Thomas Dand o as alternates; and L . V. J u dson, consultant.
At the May 7, 1958, business session of the
American Gi!ophysical Union the Bronner
r esolu t ion was passed unanimously request ing President Ewing to a ppoint a special
committee of the AGU for t h e study of the
metric system in the Un'1ted States. The resolution, printed in the Tra.nsa.ct ions of J une
1958 (p. 558), direoted the committee to
report at the May 1959 m eetlng. Accordingly, t he P r esident a ppointed the special
committee noted above.
The committee 'held Its first m eeting on
Octob er 29, 1958, an d h as h eld f our su bsequent plen ary sessions interspersed with a
n umber of partial m eetings of working
groups. Con-espondence was opened wit h /
A. H . Hughes of London, deputy chairman
of the metric comm1ttee of the British Associa tion for the Advancem ent of Science. The
Br itish committee h as ·p arallel tnstruotlons
to those of our oommlttee with the a dded
fea ture of considering the conversion of their
present m on etary syst em to a decimal system. Our commi t tee enter tain ed Hughes a t
a lunch eon during h is visit h er e on December 28. This was f ollowed by a n interestin g
session a t which t he sim ilar problems of t he
t wo countries were dlscussed. Several m em bers of t h e oomm1ttee a t tended t he m etric
system d iscussion at t h e December m eeting
of t h e American Associa tion for the Advancement of Scien ce.
The va riou s m e mbers of t h e commlt tee
have m ad e Independent s tudies on the ad option of the met ric system In the United States
a nd submit ted r eports on such phases as:
the effect on industry, the effect on foreign
trade, t h e effect on Gover nment (Including
State and m unicipal) , the advanta ges a nd
d isadvantages of the m etric system, t h e history of t h e m etric system In the United States
a nd Its u se In foreign countries , t h e Introduction CYf the m etric system into the schools,
publlclt y programs, best m eans of making
t he tran sition , a nd prop er a,pproach to Congress.
It was early recognized by the commit tee
that an ini tial poll must b e taken to ascert ain the feeling of the scientific field on the
quest ion of a change to the metric system .
Accord ingly, a sub committee was ap pointed
to draw up a. suttable questionna ire and a
T A BLE
Oh a n gc ad v antageous
(question 3)
Present u sa ge
(question 2)
- .....s.
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100
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17
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100
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100
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100
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100
100
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. Ii
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119
88
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78
77
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75
63
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71
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85
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60
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1 Physics
2 Chemistry
3 M athematics
4 C lvll engloeerlng
5 Electr ical englnL-crlng
6
7
8
9
10
11
12
Mechanical englneerlng
Geology
Aerod ynamics
Medical
Pharmacology
R esearch scientist
M etallurgy
--30
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14 Pbotogrammel ry
16
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Pct. P ct. Pd. Pd. Pct. P ct. P ct. P d . Pct.
87
19
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99
13
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30
35
97
91
18
92
9
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48
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59
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17
89
0 100 100
50
22
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69
40
10
17
85
0 100
33
100
100
67
17
17
100
0 100 100
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28
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4
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24
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96
28
100
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0 100 100
33
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0 100 100
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06
91
91
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91
46
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16
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0 100 100
39
100
100
Oil
14
89
l K cy to prolesslons.
o Others (locludlng not ldentlfied )
Sponsorship (qu estion 9)
Geography
M eteorology
T eacblug
Oceanography
39
- - -- 14.- -12
85
98
�with ratton
l cours , With mut u al tru s
and, t herefore, with joy and gratefulness f or
the gift of llfe....-
/1.tWA J.5 ,{,~
"',i,;ii IADMINISTRATION'S
CIVIL
RIGHTS BILL
Mr. TALMADGE. Mr. President, never
before in the history of the United
States--indeed , not in th e history of any
free and civilized people-has such vicious legislation been proposed as that
part of the administration's so-called .,__ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
civil rights bill which would enable tt
Federal Gover nment to excommunica
sov
n Stat es, to in effect, bani
them from the Union.



RESSIONAL RECORD -




SENA"

I refer to title VI of the VU rights cancer, and mental health could suddenly
bill now peDd!nS before this body, s. be cut off.
The ultimate effect of this iniquitous
1731, wht reads In part as follows :
Notwl.thstandinit anv l;)MTUiOD to the con- proposal would be to destroy our repubtrary In any law of the Unlt ed State. pro- lican form of government.
Power to expend the funds it approprividing or authorizing direct or Indirect 11.n anclal !1861stance f or or In connect ion with ated would be wrested from the Congress
any program or activity by way o! grant, and handed over to the Executive.
ontract, loan, insurance, guaranty, or otherSovereign States would have to toe the
wise, no such law shall be Interpreted as re- administration line.
quiring that such financial assistan ce shall
I submit, Mr. President, that title VI
e f urnished In circumst ances under which
Individuals participatin g ln or b enefiting is totally unjustified and unwise, as the
resident himself said last April, when
f rom the program or activity are discriminated a gainst on the ground of r ace, color, the Civil Rights Commission suggested
religion, or n ational origin or are denied par- that Federal funds be denied Mississippi.
t icipation or benefits therein on the ground He said:
of race, color, religion, or national origin.
I don't h a ve an y p ower to cut off the a id
in the way proposed by the Civil Rights comUnder this provision. Mr. President, mission,
a nd I would think that It would
the executive branch of our Government proba bly be unwise to give the..Presldent of
would be given carte blanche authority the Unit ed States tha t kl.nd of power.
to withhold Federal funds paid to the
I favor the full enjoyment of every
States in grants-in-aid programs or to
cancel F ederal financial participation in American citizen of all-righ t s guaranteed
contracts, loans, insurance, and guaran- him by the Constitution. I know of no
one who has claimed a deprivation of
t ees.
Without any notice, without any hear- rights who has gone to court under existing, without a judicial proceeding of any ing statutes and has not had his rights
kind, and without any appeal or other granted him In full.
But I do not believe that a certain privsafeguard against abuse, entire States
could be starved out of the Federal ileged group should be granted special
rights and benefits to the extent that the
Treasury.
By alleging discrimination In connec- rights of others are lost.
And, it is my opinion, Mr. President,
tion with any Federal aid program, the
Executive would have unrestrained con-· that a majority of the citizens of the
trol over the expenditure of funds appro- United States share this view.
priated by the Congress for direct or Indirect assistance to the States.
No court test to determine whether GOVERNMENT LOSSES OF AGRICULTURAL
COMMODITIES-REdiscrimination was actually being pracFINED SALAD OIL
t iced would be required.
This proposal is so broad that whole
Mr. WILLIAMS of Delaware. Mr.
States could be punished for voting · President, on July 16, 1963, I called the
wrong, if disc1imlnation were alleged as attention of the Senate to the fact that
under Public Law '480 our Government
an excuse.
Title VI is aimed of course at the h ad entered into a barter agreement with
States of the South. in a brazen attempt Austria for the disposal of 40 million
to legislate social reform and to black- bushels of feed grains but that out of
mail law-abiding citizens to go against this 40 million bushels only approxii
that which they believe to be in the best · mately 16 million bushels ever anived 17
interests of everyone.
Austria, and the other 24 million bush/
However, I would emphasize that no were diverted while en route, destinatJ
State in the Union would be secure unknown.
against the wrath, whims or caprices of
Just how our Government could
a Federal bureaucrat armed with the un- track of 24 million bushels of grain
limited power of title VI.
.A 3-year period without someone kl
A person of oriental or Mexican de- Ing it, is as yet unexplained.
scent, for example, could apply for a bank
To determine who, if anyone, •
loan in California or a highway job in
Arizona, and be refused as a poor credit our Government officials or the ex,
may have been a part of the co,
risk or as not competent for the job.
On the basis of a claim of discrimina- to arrange this illegal transacV
tion, a Federal official could cause the traduced Sena te Resolution 17 /
cancellat ion of all FDIC insurance on all pose of which was to cond
California banks or the loss of all Fed- scale investigation of all
eral high way funds for th e entire State under Public Law 480.
The Government of /
of Arizona.
By the same token, the citizens of already indicted seven pJ
whole States receiving welfare benefits viduals for their part in t
could be denied their old-age assistance version of 24 million bush
did not see how this fl'
or aid to the disabled.
Needy children could be deprived of been perpetrated with
food they now r eceive under the school this side of the Atla
thus far the Senate AJ
lunch program.
Civil defense programs, so vital to the tee has not seen fit w
security of our country, could be halted lution authorizing th
Today t wish to
in States which lost the favor of some
ample of a loose tral
Federal bureaucrat.
States could be denied Federal aid In digposal of a gric
hospital construction; funds for research This transaction lik
in such critical areas as heart disease, questions as to the p ,
1
�GRESSIONAL RECORD - APPENDIX
his efforts t.o strengthen and stabilize
·
t he government.
The basic objectives of Indonesia's
domest ic policy are to mold the Indonesian people into a great nation, to
develop the country's resources, and to
improve the living conditions by giving
the Indonesian people a greater share·
in t he benefits of an expanding economy.
h
Indonesia's potential for economic developmen t is great. There are large
areas of land that have not yet been developed agriculturally, and the islands
a re rich in untapped mineral r esources
such as petroleum, tin, and bauxite. An
8-year plan for economic growth was
launched in J anuary 1961 as a blueprint
for Indonesian development.
·
The Unit ed States has had an interest
in Indonesia from the very outset. The
United States played an important role
1n helping Indonesia negotiate its freedom from Dutch rule, and it has continued to encourage the development of
n a stable and democratic country. The
a American foreign aid program h as
f helped t.o strengthen .t he Indonesian
e economy and to improve the living conditions of its people. The two countries
f have established a long record of coopera tion and friendship. On the occasion of the 18th anniversary of Indonesian independence, the United States
takes t he opportunity to express its desire to maintain close and cordial r elations with Indonesia on a basis of mutual respect.
r.
Civil Rights Resolutions
EXTENSION OF REMARKS
OP
HON. ROBERT DOLE
OP KANSAS
IN THE HOUSE OF R EPRESENTATIVES
Thur sday, August 15, 1963
Mr. DOLE. Mr. Speaker, I am certain
the "Resolutions Adopted by the House
of Bishops, P r otestant Episcopal Church ,
T oronto, Ontario, August 12, 1963," will
e be of interest t.o Members. These imti portant r esolutions were brought to my
attention by the Rev. William E. Craig,
direct.or, St. Francis Boys' Home, Salina
a nd Ellswor th, Kans., who is sincerely
concerned with the rights and needs of
a all minority groups.
'
t
~
,
t
.Resolved, That t he House of Bishops of
the Protestant Episcopal Church urges the
Congress of t h e United States t o pass such
civil rights legislation as sh all fairly and
effectively implem ent both the established
rlght.s and the n eeds of all minority groups
in ed1,1cation, voting r ight.a. h ousin g, em ployment opportunities, and access to places
of public accommodation.
.Resolved, That the Hou se of Bishops of
the Protestant E piscopal Chu rch, mindful
of the Church Assembly to be held in Washington, D.C., on August 28, 1963, in coop eration with the March on Washington for J obs
and Freedom, (a) recognizes not only the
right of free citizens t o peacefu l assemblage
for the redress of grievan ces, but also t h at
participation in such an assemblnge is a
proper expression of Christian Witness and
obedience; . (b) welcomes the responsible
discipleship which imp els many of our
bishops, clergy, and laity to take part in such
·!
9
I
·
d
iy
n
A5219
an assem blage and supports them !Ully; (c )
prays that t hrough iiuch ~ aceful assemb lage
citizens of all races may bring b efore t h e
Government for appropria te and competent
action the critica l and agonizing problems
posed to our Na tion b y r acial d iscrimination
1n employment, in access to places of public
accom modation , In politica l righ ts, in education, an d housing .
.Resolved, That t h e House of Bishops of
the Protestant Episcopal Church commends
to all p eople t he Presiding Bishop's letter
d ated Whitsunday 1963, as appr opr iate and
h elpf ul 1n t h e present r acial crisis; a nd that
we su pport the Presiding Bishop In t h is wise
and timely expr ession of Christian lead ersh ip.
Call to Political Duty
EXTENSION OF REMARKS
OF
HON. FRED SCHWENGEL
O F IOWA
I N THE HOUSE OF R EPRESENTATIVES
Thur sday, Au gust 15, 1963
Mr. SCHWENGEL. Mr. Speaker, in
his keynote speech t.o the workshop
meeting of the Republican Citizens Committee not long ago Gen. Dwight D.
Eisenhower called strongly upon "political amateurs" to participate in politics.
This call is well worth remembering and
pondering for the vast majority of cit izens who find it so much easier t.o sit
back and do nothing and then complain
because they are not governed as they
would like t.o be. History plainly indicates that democracies remain strong
only so long as their citizens remain
actively interested in their governments.
Therefore, I call the attention of every
citizen t o former President Eisenhower 's
r emarks in the article from the Saturday
Evening Post of August 10, 1963, which
follows below :
/
A
C ALL T O POLITICAL DUTY
After a n illustrious career in pu b lic service, no one would criticize Gen. Dwigh t D.
Eisenhower if h e decided to take it easy in
h is r etirem ent. But t h e former President
seems to b e going stron ger than ever. Recen t ly he has shown a zest for close political
com b a t unlike a nything that he sh owed during h is "active" career.
Not Jong a go a grou p of distinguished Republicans from all sections of t he country
gathered a t Hershey, P a., :for a worksh op
meeting of the Repu blican Citizens Commit tee. General Eisenhower delivered the
keynote speech.
He let the New Frontier h ave It. Duty
"requires t h at we call the roll, clear and
loud on the opposit ion's record. he said ,
"the sorry record that stands n aked to beh old, when the cunningly manipula ted ven eer of imagery 1s peeled off . • • • For t he
sake of its fu t ure , the American elect ora te
• • • sh ould become fully aware of the polltical connivance t h at is a way of political
life f or t hose who avidly seek power at any
cost--and h aving won it, r each out for more
and more."
The m ain thrust of General Eisenhower's
sp eech was a call for m assive p articipation
by Republican-oriented citizens in the camp aign of 1964. "I h ope t his town m eeting
is the forerunner of many, m any more across
the cou ntry by different citizens' groups, all
of wh ich make t h eir contribution toward
the growth of R ep u blican ism ," he said .
" Poli tical •amateurs,' " he added , " bring verse ,
sparkle and fresh ideas which p erk up a
�CON GRESSIONAL RECORD - APPEND]j
A 5220
political p arty the way a well-_a dvertlsed
medicine d oes tired b lood. Many of today's
fl.nest p ublic officials and party organization
lead ers were yester day's 'political amateurs.' ~
The gen er al speaks from experience. "Dedicat ed nonprofessionals," he said, " were to
a considerable extent responsible for my decision in 1952 to enter the political arena."
We h eartily endor se Genera l Eisenhower's
call for massive Republican citizen participation in the coming campaign. The socalled amateurs can give the party somet h ing that the tired. p arty pros seem unable
to supply-a renewed energy and a h efty
injection of Idealism. Perhaps the "a m a teurs" will even uncover a Republican can didate who will give J ack K ennedy a run for
his money in 1964.
Trotters Shoals
EXTENSION OF REMARKS
ma.nent Jobs. The plant will purchase $9
million worth of pulpwood a year which wm
create another 1,850 jobs. The plant will
pay $3.8 million a year 1n local, State and
Federal taxes (not counting the taxes which
the new workers will p ay.)
2 . Duke Power Co. will employ 1,000
workers in the con struction o! an electric
steamplant a t t h e site which will create 135
p erma nent jobs. The fiteamplant (which wm
genera te 24 times as much electricity as the
Federal da m) will purchase $25 million worth
of coal a year which win create more new
jobs in the m ining ind\J-5try. The investorowned steamplant will pay $13 million a year
in local, State, and Federa l taxes.
As a matter of "heart," which would do
more for the m ost people, t h e Federal Government or private enterprise ?-
Mr. DORN'._ Mr. Speaker , th e textile
industry is the leading industry in the
Carolinas IJJld Georgia. This great industry, the very backbone of our econ omy, must never become dependen t upon
the Federal Government for its power.
Another Federal Government dam a t
Trotter Shoals on the Savannah River
would give the Federal Government a
complete monopoly over that great river.
If the Federal Governmen t controls power and water, it will control people and
t heir employment.
The following editorial. is from t he
August 3, 1963 issue of South ern Textile
News :
PRIVATE VERSUS SOCIALIZED POWER
With the textile Industry's vital interest in
taxes and electrical power, clooe watch
should be k ept on proposals for Uncle Sam
t o construct the Trotter Shoals Dam on t he
Savannah River in South Carolina r ather
than for private enterprise. This is not of
Interest just to South Carolin la.ns, but has
far-sweeping interests to all taxpayers.
The pseudoUberals, whatever par ty label
they wear, like to call themselves "The party
with a heart," or "The party of the people." This infers that conservatives a re
heartless and unconcerned with people. But
close exam1na~ton of the d octrine and programs of the· liberals often discloses that,
either their heart is blind or they are more
interested in power than people. This is illustrated In the Trotter Shoals project.
As a matter of heart, the liberals argue
that all of the natural resources of the Nation "belong to all the people." This is the
argument they use to ju&tlfy Federal construction of hydroelectric dams, notwithstanding the fact that Federal electricity Is
sold at cutrate prices to only a f avored few
of the people. Speclfically, this is the argument behind Interior Secretary Udall's demand that Uncle Sam, rather than private
enterprise, construct the $78.7 million Trotter Shoals Dam, a project which would remove 22,000 acres of land from State and
locnl tax rolls.
Would Federal construction of this dam
help "all the people?" Here 1s what Is ln
store for this area. (and other areas in time)
if the Government does not build the dam:
1. The Mend Corp. will employ 1,400
workers in the construction of a $40 million
plant at the site which will create 650 per-
Fe
non
n at i
Al
! or
sion
PreE
dlfflc
Geri
U!
aggr
NA'l
wou
'll'l.aD
American People?
EXTENSION OF REMARKS
!nfd
Is Pres.ident Kennedy Afraid '.fo Trust the
OF
OF SOUTH CAROLINA
IN THE HOUSE OF REPRESENTATIVES
Thursday, August 15, 1963
Gen
the
a Cc
trie1
r eco
L~
vidu
arra
sign
Gen
OF
HON. W. J. BRYAN DORN
mil!
HON. BRUCE ALGER
Nj
K en
Mosl
Tl
OF TEXAS
proo
IN THE HOUSE OF REPRESENTATIVES
W ednesday, August 14, 1963"
WOU
Mr. ALGER. Mr. Speaker, why does
Presiden t Kennedy refuse to trust the
American people ? Why does be enter
into secret negotiations with Khrushchev? What has he promised Khrushchev? Who is calling the shots, our
President or th e Soviet dictator ?
It is time the American people know
Just wha t President Kennedy has in
mind for t hem and wh at kind of country
b e intends to'leave for our children. The
r eports of secret agreements reached
with Khrushchev should fill us with fearful foreboding.
It seems to me Congr ess should dem and a full explan ation to the questions r aised in the following article from
the Washington World of August 19,
written by Robert S. Allen and Paul
Scott.
Even Averell Har riman , famous for his
negotiations with the R ussians, says our
goals and theirs ate absolutely irreconcilable. Therefore, any agreements acceptable to Khrushchev must be against
the best interest of the United States.
The ar ticle follows :
KENNEDY AND KHRUSHCHEv MUCH CLOSER ON
AGREEMENT THAN STATEMENTS INDICATE
(By Robert S. Allen and Pau l Scott)
President Kennedy and Premier Khrushchev are much closer to a step-by-step
agreement on a nonagresslon p act between
the West and· the Soviet block than their
public statements Indicate.
In fact, they already have reached an u nderstanding in their exchange of letters on a
plan for a piecemeal approach to cope with
the opposition of West Germany and France.
SCHEDULE
OF
this
Rj
posE
men
andi
cont
incl)
~on
sign
I
SPtl
ma1
leai
edi1
by]
AUi
I
sorn
ato1
d en
ficll
triri
TALKS
Under this Kennedy-Khrushchev strategy,
the following "escalator procedure" will be
pursued In the "second round" of negotiations underway in Moscow:
Exchange of military missions between the
North Atlantic Treaty Orgnnizatlon and the
Warsaw Pact, the Iron Curtain military
alliance.
Resumption of discussions on the security
of West Berlin and !ts access routes.
A joint declaration to be signed by the
193
tric
va
�I .
14026
CONGRESSIONAL RECORD - SENATE
cally h elpful effect on numerous menThe PRESIDING OFFICER. Without'
tally ill people.
obj ection, it is so ordered.
I personally had reservations concernMr. MORSE. Mr. President, I ask
ing the application of this program on unanimous consent that the n ame of the
Indian reservations. But on the same Senator from Vermont [Mr. PROUTY]
trip we went into the largest Sioux In- may be added as a cosponsor of S . 1801,
dian Reservation, and there we learned to effectuate the provisions of the sixth
again how even a few "seedmen" volun- amendment of the U.S . Constitution reteers can, with their good will, inspira- quiting that defendants in criminal cases
tion, and enthusiasm, perform-practical be-given' the right to a speedy trial; and
measures to help in the almost unbe- S. 1802, to protect the integrity of the
lievable poverty, in all departments, on comt and jury functions in criminal
Indian reservations.
cases, which I introduced on June 26.
Our committee, which has dealt with
The PRESIDING OFFICER. Without
migratory labor problems, has seen over obj ection, it is so ordered.
the years how a few volunteers in migraMr. MORSE. Mr. President, although
tory labor camps can do so much to b1ing all these bills have been printed, the
a bit of needed education to the youngs- n ames of ·the additional · cosponsors will
ters--and perhaps even to the adt,llts. be included at the next printing.
They· can provide nursery day care for
Mr. JAVITS. Mr. President, will the
the very young, and assist in state health Senator yield?
and sanitation projects also.
Mr. WILLIAMS of New Jersey. I yield.
I hope all Senators will have an opMr. JAVITS. The Senator from Oreportunity to look over the hearing rec- gon has joined me in his bill to prevent
ord and note the unanimity of views Federal funds from being utilized for
across the country of people with know!- State programs which are segregated. I
edge in the field of social problems. would like to say a word on the subject,
More than 50 organizations have •enthu- because it is becoming quite a raging lssiastically endorsed the bill. They are sue. I have joined the Senator from
all listed in the hearings record and Oregon on his ·bill, just as I joined my
on pages 12 to 14 of the committee report. colleague [Mr. KEATING] on his amendIt is significant that those who are most ment to the omnibus civil rights bill
knowledgeable in social work have been along these lines, because I feel very
most articulate and strong in their en- deeply that the only hope for civil rights
dorsement.
legislation is in bipartisanship; and I
Among the groups, church people are want to do everything I humanly can to
prominent. They are hopeful that the demonstrate by act and deed my deep
legislation will be passed, and that we feeling on that score.
shall be able to spark, through volunNeither side alone has the votes to pass
teers, an even greater community re- civil rights legislation. In my opinion, it
sponse to severe human needs and prob- is a fact that, in every way open to us,
!ems_
we shall need to keep this bipartisan
Mr. JAVITS. Mr. President, will the coalition together so that we may ultiSenator yield fmther?
mately get somewhere.
The PRESIDING OFFICER (Mr.
I hope very much-and I know how
PROXMIRE in the chair). Does the Sen- the Senator from Oregon feels about this,
ator yield?
but I am putting it in words-that all
Mr. WILLIAMS of New J ersey. I an_i Members on both sides of the aisle will
happy to yield.
keep very clearly in mind that this is a
Mr. JAVITS . I join the Senator in burning issue on the domestic scene-as
the sentiments he has expressed. if the burning an issue as is nuclear testing on
bill is enacted into law I hope the Presi- the international scene. The only way
dent, in considering the appointment of we .are going to get .anyWhere is by keepa Director for the National service ing the goal very clear . Call it nonparCorps, will keep in mind the very excel- · !'tisan or bipartisan , the fact is that
lent example of comple. tely nonpartisan neither side alone h as the votes, and we
leadership-as high minded as that of must be together on the issue.
those who serve-which has. been so
Mr. MORSE. Mr. President, will the
heavily responsible, in my opinion, for Senator from New Jersey yield to me a
moment?
the success of the Peace Corps.
I thank my colleague.
Mr. WILLIAMS of New Jersey. I yield.
"-Mr. MORSE. In connection with what
CIVIl, RIGHTS-ADDITIONAL - \ ~he Senator from New _York 1:as 58:id, _lt
1s an honor to be associated with hun m
COSPONSORS OF BILLS
his advocacy of civ11 rights legislation. I
Mr. MORSE. Mr. President, will the know of no peer of the Senator from New
enator yield?
York in the civil rights legislation field.
Mr. WILLIAMS of New Jersey. I am But I would have my colleagues take note
appy to yield.
of the fact that what my bill seeks to acMr. MORSE. Mr. President, I ask complish is to prevent the Federal Govanimous consent that the name of the ernmeiit from violating the law. If one
Senator from New York [Mr. JAVITSl of us were to ask a Senator to join him
may be added as a cosponsor of S . 1665, in an illegal act, the Senator who was
to require that all State or local pro- asked would look askance and be horror
grams supported with Federal funds 1 strlcken. But Members of this body,
shall be administered and executed with- every time they vote for Federal funds
out regard to the race or color of the for projects involving segregation, in my
participants and beneficiaries, which I opinion, a.re guilty of perpetrating an iiintroduced on June 4.
legal act, for 9 years ago the Supreme
I
August 13
Court declared segregation to be unconstitutional, and therefore illegal. Yet we
sit here in the Senate, on bill after bill,
and vote millions of dollars of Federal
taxpayers to continue an illegality. It is
about time that we put Members of the
Senate on the spot, and the senior Senator from Oregon intends to ..do it. He
intends to go from coast to coast to call
the roll of Members of the Senate who
continue to vote to expend illegally Federa! taxpayers' money and who continue
an unconstitutional act on the part of
the Congress.
Members will not be asked to vote on
this issue program by program, but on
the whole broad issue of funds going into
segregated programs and a ctivities.
This issue is becoming one on which
we can no longer do any dillydallying.
The issue is whether or not the Congress
will keep faith with its right hand when
its Members take the oath in this body
to uphold the law. We cannot justify
the appropriation of moneys for the continuation of Federal projects in which
there is segregation. Let the people
speak in respect to· the rollcall that will
be made in the Morse bill and similar
proposals that seek to bring to an end
the illegality that now exists in this country and that has characte1ized the treatment of civil rights in Federal programs.
As the Senator from New York has
heard me say before, the time has come
for the white people of Ame1ica to deliver the Constitution of the United States
to the colored people of America ; and I
do not intend any longer to sit h ere and
permit politicians to get by with what
they have been getting by for years in the
Senate and covering it with the alibi,
when they get back home, "It is the best
we could do."
I will tell Senators what the best we can
do is. It is to act in accordance with the
law; and the Supreme Court has made
perfectl_y clear that segregation is unconstitutional. I · intend to do what I
can to take that record across this Republic in the months ahead, before the
election of 1964. I do not care whether
a Senator is a Republican or a Democrat--he ought to be beaten for reelection in 1964-others will be up for
reelection in 1966 and others in 1968-if
he does not uphold the law as laid down
by the Supreme Court.
Mr, JAVITS. Mr. President, if the
Senator will yield, I have done precisely
t h at, as recen,tly as last Wednesday in
connection with the Labor-HEW appropriations bill. The reason I made the
comment about bipartisanship is that I
had the feeling that Members of Congress, when they vote, have an idea that
party loyalty requires them to stand by
the administration-it might have happened just as well on our side of the aisle
if .our party were in the majority-and
that they have to stand by and vote to
table this kind of amendment.
I think the Senator from Oregon has,
with his eloquence and warmth, highlighted what I have tried to do, but which
I am delighted to join him in highlighting-the fact that, of all the things done
in the racial field, with all the fuel added
to the fire, this is the worst. It is incon-
l
�1963
CON GRESSIONAL RECORD- SENATE
l nr workers or duplicate or repla-0e an existin g service in the same locality.
The Service Corps will be a means
wh ereby the local community can draw
on th e knowledge and skills of the entire
Nation . But the progr agm is designed
so that these trained volunteers will
work with a community, in a program
developed by th e community it self . A
great deal of careful st udy h as gone int o
this pr ogram . More than 50 ideas for
projects were submitt ed to th e Presiden t 's St udy Gr oup on a National Ser vice Corps by various State and local,
p ublic
and
private . organ izations
throughout th e Nation. Twelve of these
suggested project s are outlined i.n detail
in the h earing recor d. A glance at these
projects will show the very practical work
t hat corpsmen would be doing. On an
Indian reservation, they could act as instructors for self-help housing programs,
run nursery schools and clinics; in a
h ospit al for the mentally retarded they
would h elp regular personnel as teachers
aids and recreational aids ; working
with migrants, they would give basic
education to adults and vocational guidance to the youngsters.
I t is important to remember that these
projects are n ot the brain children of a
bureaucratic planner. They were worked
out by men and women of wide experience wh o know the help that trained
volunteers can be to them in -t ackling
the problems of a community.
Mr. President, th ere are many Americans, young and old, wh o are anxious
and a ble to h elp our less fortunate citizens. The Corps will draw n ot only upon enthusiasm of our young people, but
upon the wisdom and experience of ret ired persons. There ar e a vast number
of people both young and old r eady to
h elp if given a way.
Obviously, 5,000 men and women can n ot solve all the age-old problems of
h uman suffering. But their example
will h ave an effect far beyon d their number. If every corpsman inspires 10
oth ers to work in th eir own hometowns ,
or to join the helping professions, the
cost of this progr am will have r epaid itself 10 times over .
I know that the dedicated work of th e
Service Corps volunteers will show that
our material success b as not blinded us
to the sufferings of oth ers. T his program will be a true expression of the
ideals which h ave m ade this Nation
great.
The proposed legislation has been con sidered as carefully as any measure with
which I have been associated. I am sure
that Senators are familiar with its genesis and the steps that have been taken
in developing the program to the point
where it ls now under general debate in
the Senate. In first addressing himself
to this noble project, the President called
upon members of his Cabinet to develop
policy for it. The Cabinet members so
selected chose from their departments
persons of great talent to undertake the
staff work that is necessary to insure
that the noble idea would not be emotionalized, but would become hard, tough.
and practical in its development. That
study group, while small in number, w~
uniquely dedicated to this cause. Once
created, the st udy group has developed
ideas which were embodied in the legislation t hat came t o the Senate. The
m easure was r eferred to the Committee
on Labor and Public Welfare, and assigned to the Subcommittee on Migratory
Labor for fwt h er legislative action.
Mr. J AVITS. Mr. Pr esiden t, will th e
Sen ator yield?


Mr. WILLIAMS of New J ersey. · I
yield.
Mr. J AVITS. I am a cosponsor of
this par ticular m easure. I believe it
r epresen ts an effort to translate th e
idealism which has been so pr ominent
in the Peace Corps and which h as worked
so well abroad to the domestic service
of t h e United States. I am satisfied, too,
th at the scheme which is proposed t o the
Congress parallels, as far as is practical,
t he successful patt ern evolved in respect
of the Peace Corps, which I believe is
one of the more successful initia tives of
the United States in the employment, in
its foreign aid and foreign development
efforts, of the idealism, skill, and interest of young Americans. There is an
ample n umber of pr ojects which can
profit gr eatly from th e dedication which
the National Service Corps will inspire.
I feel, too, that it will be a very important channel through which volunteer services of young and old alike may
go into areas--many of which have been
described-of want, need, illness, and
underprivilege, which are enclaves .of
backwa.rdness in terms of econ omic advance, such as the areas of migratory
farm workers. There the volunteers can
be of great benefit.
I am very much for the bill. I am a
cosponsor, as I said.
I have only two r eservations, Mr.
President.
I hink perh aps, · if we n eeded a description of wh at is being done, the
words "practical idealism" would describe it. I hope very m uch that the
practical idealism which is r epresen t ed
in the National Service Corps will not be
marred by asking the dedicated people
wh o will be involved to serve in establishm ents or institutions which follow a.
practice of racial segr egation.
This is som ething about which I ex pressed my deep concern In the committee. It is something which is the subject
of an amendment I h ave h ad printed,
which is on th e desk.
I realize that t he argument can be
made that those who are afflicted should
receive help, and that this should be the
case even if they are afflicted in a segregated institution. But I think t h e
temper of the times is such that we are
engaged in a struggle in which t h ere
must be some casualties, and those who
are the subjects of segregation are the
readiest to accept the "casualty" of being
unable to obtain the ministrations of the
National Service Corps when there is a
pattern of racial segreg-ation.
I hope very much that some way may
be found of working out what it seems
to me would be so opposite to the patriotic dedication which 1s represented by
the Corps.
The other subject to which I hope my
colleagues in the Senate will give a little
14025
thought is the possibility that we ar e
dealing domestically- not abroad, as we
did with the Peace Corps- with an
an alogy t o the National Guard and th e
R OTC. We could allow States to under~
take some of the responsibility for training corpsmen and using them within the
respective States. I h ave prepared an
amendment upon that score. ··
I h ope t o hear the discussion in respect
to the bill, to determine wh eth er there is
a sufficient amount of interest in the Senate, since th e amendment was turned
down in the committee, to justify my
offering the amendment. I think the
plan is a very sound one, t o allow States
to participate in t he process of selection
and training, and to allow them to r et ain the trainees within the S tates, a t
the same time m aintaining the. cachet of
this elite corp, the Nation al Service
Corps, exactly as we do with r espect t o
National Guard officers and .men as they
relate to the military forces of the Nation.
The advantage would be that we would
stimulf\te a great increase in the number of people who could be trained, the
speed of th eir training, and the speed of
their u tilization, and we could invoke
State as well as national pride in respect t o the trainees.
So, with those two reservations, Mr.
. P residen t, which I h ave describedwhich are n ot. in my opinion, reservat ions in any way to chan ge the quality
and character of th e plan-having
proved the validity of the idea in terms
of inspiration to youth and in terms of
its usefulness to th ose it serves through
the P eace Corps, I believe we have arrived at the point where the National
Service Corps is the next logical step in
terms of undertaking to give our youth
an oppor tunity to show their dedication
and their idealism .
I am grateful to my colleague for
yielding. I am confident t hat by the
time the vote occurs on the bill we shall
have completely closed r anks in full support of it.
Mr. WILLIAMS of New Jersey. Mr.
President, I am gr at eful. indeed, for
those commen ts by the senior Senator
from New York. I am grateful also for
his s tr ong support of the proposed legislation, his sponsorship of it, and the
contributions h e made in the committee
deliberations.
'
As the Senator knows, after the bill
was drafted 24 Members of the Sen ate
joined in cosponsorship of the proposed
legislation.
The subcommittee which 1·eceived the
bill h eld 9 days of hearings. The record
is m ost complete. Not only did the subcommittee hold formal hearings in the
Capitol, but also members of the subcommittee, togeth er with members of a
committee from the House of Representatives, went on a field trip, to see for
themselves how the program could be
useful in certain areas. I am sure that
Members of Congress who went on the
trip will never forget the experiences we
had at Osawatomie State Mental Hospital in the State of Kansas and how,
beyond question, it was proved to us that
even one volunteer can have a dramati-
I
�1963
CONGRESSIONAL RECORD - AP~ENDIX
The letter follows:
The Job of Ending Job Discriminatio
ECONOIIIIC Am ANAI,YZED: U .S. Goons AND
SERVICES ACCOUNT FOR 90 P ERCENT, BELL
EXTENSION OF R EMARKS
SAYS
To the EDITOR OF THE NEW y ORK TIMES :
Some of your readers might have dra
Incorrect inferences from figures you pu
Usbed in section IV of your J uly 21 edit!
regarding the rela tionship of economic
t o the b alance of p a yments ot the Un
S tates.
You showed " economic a id" as a debit in
the U.S. b ala nce of p ayments for 1962
a mounting to $3.5 billion- In a year in which
the total deficit was $2.3 billion. An unwary
r eader could easily h ave dra wn t he Inference
t h at all we need to d o to remove the defic it
would be to cut " economic aid" by $2.3
blllion.
Such a n act ion would or course be ineffect ive. "Economic aid" as shown in your fig ures Includes ·t he outflow of surplus agricult ural commodities under Publ!c La w 480
( about $1.3 billion in 1962), plus the outflow
of goods and services-and dollars-financed
by loans a nd grants und er our f oreign aid.
With the policies tha t a re now in effect,
m ore than 90 percent of total "economic aid"
r epresents U .S . goods and ser vlces--not dollar
outflow. Under these circumstances, a cut
1n congressional a ppropriat ions would principally r educe U.S. exports--wlt hout affect ing the b ala nce -of-payments d eficit substantially.





EFFECT OF CUTS ON EXPORTS
Recognizing the difficulty of estimating
precisely t he effects of a change in a single
f actor in the b alance of p a ymen ts, it ca n be
said as a rough a pproxima t ion tha t a ·m eb illlon-dollar cut in " econom ic aid" would
r educe U .S . exports b y $900 million a nd t h e
d eficit 1n t he b alance of payments b y $100
million. (It t he h yp oth etical cut wer e as sumed to affect what Is ordinarily called
foreign aid-and not to affect Public Law
480 and the Export-Import Bank-the proportions would be about $800 m1111on reduction In U .S . exports, and $200 million In the
U .S. balance-of-paymen ts deficit. )
The conclusion Is clear. Under present
p ol!cles, with economic and mlllta.ry assistance to other countries almost entirely taking the form of U.S. goods and ser vices, a lmost no gain to the balance-of-p ayments
deficit can be achieved by reducing our
foreign aid programs. Moreover, a foreign
aid cut made on the mistaken assumption
it would have a major impact on our payments deficit would instead serve chiefly to
reduce U.S.-produced goods and services
purchased for use abroad.
I should also like to point out the positive
gains to the United States from the establishment of progressive, growing economies
abroad-which Is the main purposes of our
economic assistance. U.S. exports to the
Marshall Plan countries more than doubled
from 1953 to 1962.
Our exports to Japan more than tripled
from 1950 to 1962. In many ot the countries
of Asia, Africa, and Latin America, where
our economic aid goes today, aid-financed
u.s. exports are finding acceptance and be-
OF
HON. WILLIAM FITTS RYAN
OF NEW YORK
IN THE HOUSE OF R EPRESENTATIVES
T hursday, August 15, 1963
Mr. RYAN of New York. Mr. Speaker,
the elimina tion of discrimina tion in employment is crucial to the civil rights
battle. Until .t here is equality of job opportunity for all our citizens, full equality cannot be r ealized. A m a jor barrier
has been discrimination in the apprenticeship progr a ms for skilled jobs. The
worker of the future m ust be a skilled
worker, and the Negro has been hurt in
his search for a job because he is often,
too often, unskilled. John F . H enning,
Under Secretary of Labor and Manpower
Administrator f or the Depa rtment of
Labor has written a searching statemen t
of the problems facing Government apprenticeship programs which appeared
in the July 1963 issue of the American
Federa tionist, the official m onthly of the
AFL-CIO. I wish to bring his article to
the a tten tion of my colleagues:
E XPA.NDING APPRENTICESHIP FOR ALL
AMERICANS
(By J ohn F . Henning )
American Negro demands for fair employm ent h ave turned sharply to a precise area
of dlspute : a pprenticeship train ing.
T he new emp h asis is h ardly su rpris ing.
Skilled journeymen a re t he Income elite of
manual lab or . They look to a br igh tening
future. All responsible projection s of U.S.
la b or f or ce n eeds cite the continuing ca.JI
for skilled labor and the d eclining p roportions of unskilled wor k .
Back In 1957 the U .S. D.!lp artment of Labor
issued Its now historic projections of t h e
la bor force reqUlrements of the 1960's. The
stu dy estimated that in 1970 America w!ll
need 42 p er cent more professional and technical workers than in 1960, 24 p ercent more
sales and ser vice p ersonn el, 22 p er cent more
skilled workers, and 18 percent more semiskilled. The p ercentage of the unskilled will
be down .
T he prophecy presu mes a f ull employment
economy In 1970. Without ec·onomic growth,
both sldlled and unskllled will suffer. But
not ali ke . For example, d uring the past
5 years, the national unemployment rate
has approximated a disturbingly high 5.6 .
percent, but 1n this p er iod the jobless rate
among the unsk!lled has been at least twice
that of the skilled . Whatever the course of
the economy, the days of the unskilled a ppear
numbered.
Long ago Benjamin Franklln observed that
he who hath a trade hath an estate. The d!fflculty is that he who rath a trade usually
hath a white skin.
As in Franklin's time, the one certain road
to journeyman training ls the apprenticeship
system. To some the road seems a narrow,
twisted trail, bordered by b igotry and prlvllege. Whatever Its hazards, more than
150,000 young Americans today are found In
registered apprenticeship programs.
The average apprenticeship embraces 4
years of on-the-job training and normally
entails 144 hours of related classroom Instruction a year.
J
coming famillar to consumers--which will
enhance our normal commercial export markets in the future as those countries increase
their incomes and their International purchasing power.
DAVIDE. BELL,
Admtninrator, Agency for International
Development.
A5239
The t ripar t ite forces of la bor, m a n agement,
a nd Government sh ape the cha racter of ·apprenticeshlp tra ining. But the sh a pe of
t h in gs does not satisfy a ny Amer ica n sensitive to the dem a nds of democracy.
Federal responsib!l!t y ca me to apprenticeship with the a dopt ion of t he F itzgerald Act
in 1937.
The Fit zgerald Act called for F ederal a nd
State Government promotion of la bor-ma n agement a pprent icesh ip progra m s. The Government role h as b een noncontroll!ng 1n t h a t
actu al on-t he - job tra ining b as b een d irected
b y t he employer, usually u n der union-nego tia ted conditions.
The Government role h as b een significa nt
in t h a t the U .S. Department of La bor and t he
severa l State a p prenticeship agencies fix
min imum sta nda rds for program r egist ra tion. Registra t ion en t itles apprentices in a pproved progra ms t o employment on Federal
publ!c works projects and assures approved
programs of t he ser vices of the Labor Dep a r t ment's Bureau of Apprenticeship and
Tra ining or the services of the pertinent
Sta te a gency. Historically, Federal registration of progra ms h as applied a like -to State
sponsored as well as f ederally directed progra ms .
Thirty Sta t es m anage their ow n a ppren ticeship agencies. In the r em a ining 20, the
Federal Government alone · sponsors a nd
guides appr enticeship .
··
Civil rights spokesm en long have h eld t he
idea tha t Federal registration should be de- ·
nied any program stained by e t hnic discrimina tion.
AFL-CIO President George
Meany agrees . Mea ny b acked a 1961 attempt
to write such a d enial int o F ederal law.
Meany not ed , however, tha t discrimina t ion
1n a pprenticesh ip ls only p art of total job
d iscrimin ation. He urged enactment of n
Na tional F air Employment Practices Act with
full powers of enfor cement.
Bu t t he immediate question Is, What can
be realized in the absence of a national FEP
law?
I n July 196 1, t h en Secretary of Labor
Arthur Goldberg announced the Department
of Labor would t hereafter req uire the inclusion of a sp ec!flc nondiscrimination statement in all apprenticeship standards of firms
handling Gover nment contracts. He further
declared a slmillar p rovision wou ld be required in the registration of any new apprenticeship program regardless or Its relationship to Federal works.
La bor Department action did not die with
the G oldber g pronouncement. The followIng achievements merit attention:
I . Within the p ast year, the Bureau of Apprenticeship and Training assigned four
minority consultants to the task of opening
opportunities to Negroes and other minority
peoples. Now located in Washington, New
Yor k, Chicago, and San Francisco, they
counsel with employers, joint apprenticeship
committees and unions on a regional basis
to encourage acceptance of qualified minority
appl!cants. Additionally, they advise minority groups on apprenticeship fundamentals
and admission processes.
II. Secretary of Labor W. Willard Wirtz
on February 27, 1963, announced the appointment of a National Advisory Committee on
Equal Opportunity in Apprenticeship and
Training. The Committee consists of 15
members; 4 from management, from la bor,
5 from minority organizations, and 2 from
the public.
The Advisory Committee held its first meeting In Wa6hlngton on May 14 under the chairm a nship of the Under Secretary of Labor.
The committee developed a five-point action
program:
�..
A5240
CONGRESSIONAL RECORD - APPENDIX
1. The establishment of appren ticeship Information centers in cer tain critica l cities
throughout the Na tion.
2 . The fost ering of apprenticeship information centers t hrough Sta-te app rent iceship
councils wh erever feasible.
3. The creation of research p rograms t o
m easure th e present dep th of minority par ticipation In apprenticeship p rogra ms.
4. The Implem en tation of present antidiscrimination p rovisions In apprenticeship
programs regist ered with t h e U.S. Dep artm ent of Labor.
6. The con sider ation of preapprent iceship
p rograms for t h e training or you ng worker.a
not qualified for a dmission to apprenticeship programs.
III. The Depart m en t of Lab or, in coopera tion with t h e District of Colum b ia Apprent iceship Counc!I, the District of Columbia
Commissioners and sch ool au t h orities, the
U .S. Employment Service, labor a nd m an agement, open ed Its first Apprent iceship Information Oonter on June 17 In the Nation's
Cap it a l.
The In.formation Cen ter, which t h e Dep artment proposes to extend through ou t the
Nntlon, offers young apprenticeship appliennts p ersona l and group coun.aolln g , nptlt ude testing, information on educational requirem ents a nd related da ta p ertaining to
District apprenticeship program s. I t also
offers a n orqerly sys tem or r eferra l to Joint
a pprentlcesh lp committees and ser ves a~ a
point of contact for unions, employers, and
m inority groups.
The values of the I nformntlon Center are
Intended for all young Am9"lcan s, whatever
their race, color, creed, or n at ion al origin.
But t he Cen ter should b e of particular value
to Negroes a nd ot h er m inorities from wh om
t he knowledge of admission procedures a nd
req uirem ents often h as b een withheld.
IV. Secretary of Labor Wirtz Issued a directive to a ll Joint appren ticeship comm it tees of the Dist r ict of Columbia June 6, 1963,
on the discrlmln at!on crisis in the District
Jur!sd!dtlon. The Secr etary llst.ed the following requ!rem en ts for-- program s hoping to
enjoy Federal reglstra tlon rlgh ts :
1. It apprentices a re not selected by a
merit system alone, selections mus t be
m ade in a manner that demonstrates equality of opportunity.
2. Waiting lists which reflect previous dis criminatory practices m ust be subjected to
wh atever action ls necessary to offset such
discrimination .
V. President Kennedy on J une 4, 1963, directed the Secretary of Labor to require tha t
"admission of young workers to appren ticesh ip programs be on a completely nondiscrimin a tory basis."
VI. Following Secretary Wirtz' order of
June 11, 1963, the Bureau of Apprenticeship
b egan a 50-clty check of Negro a pprpntlcesh!p p articipation In Federal construction
projects.
The varied a ctivities here cited Indicate
t he commit m en t of the Ken nedy administration to equa lt ly of opportunity In ap pren ticeship.
The President h eld a nation a l conferen ce
With 300 la bor officials a t the White House
June 13 In wh ich b e ca lled for the end of
Job d iscrimination a t every level of union
Jurisdiction. This was one of a number of
conferences on civil rights h eld with busin essmen, educators, clergymen, an d lawyers.
However, the President noted that genuine
equality of opport unity could be meaningful only in a f ull employment economy.
National morality and the times will
permit nothing less than full job equality,
but without full employment this means
sh arin g job scarcity regardl ess of r ace, color,
creed or n ational origin. Job equality mu.st
m ean sharing the bounty, not the scarcity
of n ational life. But apprenticeship at its
fullest would hardly have the capacity to
s olve youth unemployment. The problem is
beyond that.
August 15
During the calendar year 1962, teen age un- I ndians p articipat ing _in California apprenemployment averaged 13 percent aga.lnst an ticeship programs as again.st 150 Negroes.
overall n ation al figure of -5.6 percent. Dur- Mexican-Americans munbered 5.21, Japaneseing 1962 t h e a verage teen age u nemployment Americans 31 and Chinese-Americans 18.
total was 816,000 workers. ·
The find ings suggest that Negroes n umbe1'
Between 1957 and 1962 the total number just a bit more than 2 percent of Califorof r egistered apprentices In tra ining aver - nia 's apprentices. In the Federal census of.
1960, Negroes form ed "5.8 percent of the total
aged 160,000.
Appren tices In t rain ing today average only State p opulation and 4.7 percen t ot the
3 percent of the 6,077,000 teen age workers St ate"s m a le labor force.
In the U.S. labor force. Of t h e teenage total,
The State committee d a ta on minority
3,017,000 are male.
r epresen tation among journeymen certified
T he apprenticeship solu t ion assumes even in 1955 also are revealing.
less prom ise when pictured against a 50A one-fourth r eturn of inquiries pegged
percent mortalit y r ate. The consis t en t n a- ' Negro p articipation at 1.6 p ercen t.
·
t ional experience suggests that only o~e-hal!
The journeymen survey indicates the reof those n ow in t ra ining will know ourney- warding n ature of skilled employmen t .
m an status.
Seventy-two p ercent of t he graduate a pprenThe propor tionate place of apprenticeship t ices wer e earning $7,000 or m ore a year,
m u st also b e seen in t h e perspective of the while 52.4 percent wer e earnin g over $8,000
awesome burdens the America n economy will p er annum. On ly 11.2 p ercent were earning
confront in the 1960's.
less than $6,000 p er year .
T h e U.S. Department of Labor tells tha t
Ninety p ercent were enjoyin g full employt h e economy 1nu st provide 34.6 million n ew m ent on a yearly b asis.
jobs I n ·t h e 1960'a to m n Lch Lbe demn uda or


8otb ourvoyo confirm 1.be ol<lllcd ll\bor


population growth and tech nological change. problem .of t he Negro. But the totals do not
The labor force will realize a net increase necessarlly prove d iscrim in ation. For exof 12.6 m!lllon throu gh population expan- ample, in certain survey areas Negroes had
EJl n . --rh..la l nvo l veu LU1 lnc r o uiJl! o r 2 0 xnurn.rol'y , If ovor, u,p pll d. ! or upprontloonb.lp ltd •
lion ·young workers. Death a n d the r etir e- mission . The f allure could r epresent either
ment of old er workers will determine the resigna tion to bias or the absence of trainin g
q u alifications.
12.5 million net figure.
The t echnological impact will be great er .
Tradition ally, Negroes h ave been the p arThe Labor Dep artment estimates t h e annu al t icular victim s - of h ast y and frequently 1.nrate of productivity Increase will be about dlfferen t counseling in the high school sys3 p ercent t hrou gh out the 1960's. This means tem s. In California's soaring school p oput h e output per m an-bout wm jump abou t lation , a senior student Is f ort unate If h e
3 p ercen t each year . The job displacemen t receives 1 hour of personal counselin g in
statist ics b ecome frightening wh en t he 3 h is final year. This obtains .for any st udent
percent produ ctivity r ate Is a pplied to an wha t ever bis r ace or s kin. The n a tional
annual aver age employment figure o! 74 m il- practice Is scarcely d!Jierent.
Each year thou.san ds of young America.us
lion workers. F or t he 1960's this m eans t h e
economy m u st provide 2.2 million new Jobs emerge fr om the secondary schools without
each year to care for technological progress. any sen se of occupational d irection . A deThe decade's d em and wlJI be 22 million Jobs. qua t e h igh school counseling would be of
The statis tics are germ ane because ap- p articular ben efit to t h e children of Negro
prenticeship, unUke voca,t!onal education , a l- families recen tly rem oved f rom the agrarian
ways h as been a job-related t raining sys- Sout h . These young p eople suffer t he same
tem. Un less employers determine to hire lack of skilled labor tradition as did most of
apprentices there ls no appren ticeshi p sys- the 19t h century European !.fumigrants who
tem. Further , u nion.a relate the number of poured Into America searching for f reedom
admitted a pprentices to the number of em - and opp ortu nity.
Bu t wh ere immigrant Europeans could
ployed journeymen .
Given f ull em ploymen t , apprentice.ship seek manu al labor ln coal and steel and
maritime employment, today's young Negro
could come to its greatI\_ess.
But at this h our, the immedia te cnsls f aces a labor m arket In wh ich there is little
of a ppr enticeship discrimination plagues the f u ture for the unskllled .
Not only because of d iscrimination but
national conscience and cries for action .
The Kennedy a dministration reforms must also b ecau se of lack of skills, Negro unemsu cceed. There Is hope and preeecten t in ployment is consistently tWice t he overall
national average. In t h e calendar year 1962
the experience o! California .
Four years a go Gov. Edmund G . Brown t h e rate of unemployment among Negroes
n am ed appren t icesh ip bigotry a special was 11 percent against a n ation al average
evil a nd called for r emedies. Adopt ion of 6.6 p er cent. Negroes rep resent 11 percent
of a ll American workers but represent 22
of an FEP law In 1959 h elped greatly but
was not q uite enough . The subtleties of p ercent of all unemployed.
As indicated earlier, economic growth is
apprenticeship bias often escape FEP enthe first requisite of f ull employment in the
forcement.
California's pla n h as won n ational praise. 1960's, the full employment that will give
It feat u res (1) statewide and local commit- Job opportunity to a ll Americans.
Economic growth, however, Will n ot find
t ees on appren t icesblp opportunities for
memb ers of minority grou ps; (2 ) local ap- employment for the unskilled .
America n eeds an active labor market
prentice Information cen ters for m aking vit al data a va ilable to high-sch ool stud en ts p olicy t o accompany the fiscal a.nd monetary policies of growth. An active labor
and graduates.
The statewide opp ortunities committee market policy would directly answer the
was fou n d ed In 1960. It is comprised, like training n eeds of the U.S. labor force. The
the Nat ional Advisory Committee, of labor, rate of unemployment among un.skllled
man agem ent and m inorit y group represen- workers In t h e calendar year 1962 was 12
tatives and Includes Government spokesmen. percen t aga.l.nst the national average of 5.6
The California committee last year devel- p ercent.
An active labor market policy also would
oped t wo precedent-smashing surveys of the
end racial and ethnic d iscriminat ion in emdepth of discrimination .
The Initial study approached the ethnic p loymen t .
But it would do more than that. It would
identity of the more than 20,000 apprentices
receiving training In CaUfornia. The sec- also achieve these ambitions:
1. An updated labor market in.formation
ond Involved an ethnic sampling of journeym en who completed their apprentice Q'ain- service for workers a.nd employers.
ing In 1955.
2 . An employment service warning sysThe first survey, based on a one-t.hird re- tem for Impending techn ological changes
t urn of questionnaires, revealed the star- a.nd other changes causing serious job distling evidence that t here were 283 American placement.
�1963
CONGRESSIONAL RECORD -
3 . An effective informational service for
career guidance and counseling.
4. An educat ional system, vocational as
well as academic, wh1ch would answer curr ent and upcoming manpower n eeds.
5. An exp a nded a pprenticesWp training
program.
6. An Improved system of j ob placem ent
services.
7. A program f or aiding the mob ll!ty of
workers.
In summary, !t is obvious that Negro d is cr!m!nat!on in appr ent iceship has !ts unique
and general fea tures. The Negro suffers b ecause of h is skin. Bu t h e suffers also be ca use he often ls an u nskilled worker in a n
economy whtch h as lim!ted place f or the
unskllled. Finally, h e suffers b ecau se he is
a worker !n a society wh ich h as not yet
found the wa y to full employmen t .
The Issue of employment discrimin ation
is not peculiar to a pprenticesh ip . It will
b e found e verywhere, including the b anking, In su rance, and newspa per wor lds. I t
will be f ound. in the professions and t h e
r eligions of America. Indeed , d iScr!min a tlon is often strongest In sectors of n onunion employment.
American la bor mus t p ersist in Its effor ts
to realize full employmen t a nd the a bolition of the last measure of job d iscrimina tion. The efforts must reach to t he St a te
counc!ls, local counc!ls, a nd local unions.
The m atter ls moral . For m ore tha n 100
years la bor h as served as the social conscience of t he Nation. ' Unpurchased and
unafra id , It h as led the everlasting struggle
t o attain a society In which bread , security,
and freedom shall be the right of all American s wh atever their r acial, r el!g!ous, or
ethnic ident ity.
Labor holds priceless creden tials of sacrifice and struggle. I t must use these c redentials n ow as mortal conflict shakes t he Nation. The h onor and duty of leadership
r est wi t h t he trade union movement.
Diplomatic Relations With a Quisling
-EXTENSION OF REMARKS
or
HON. EDWARD J. DERWINSKI
0 11' ILLINOIS
IN THE HOUSE OF REPRESENTATIVES
T hursday, August 15, 1963
. Mr. DERWINSKI. Mr. S peaker, one
of the proofs of retreat of the appease-
ment-minded dreamers of the New
Frontier is their h andling of the Soviet imposed Eastern European Red governments.
The St. Louis Globe-Democrat, in an
editorial on Monday, August 12, very
concisely discusses our rela tions with
Hungary, and under unanimous consent ,
I insert it into the R ECORD at this point :
DIPL OMATIC R ELATIONS WITH A QUISLING
As was widely predicted, t h e Un ited S tates
is seeking to resume fu ll d1plomat!c relat ions
with the H ungarian r egime. R eaders will
recall that d1plomatlc ties were curtailed
during the 1956 revolution against Soviet
control.
·
T he loss of that revolution yoked the H un garians with a quisling regime run by the
traitor, Janos Kadar, the lia ison man with
the Soviet tank commnnders who decimated
his people.
Doubtless, the new American move w!ll be
hailed by those who seek to avoid irritants
in our r elations with the Soviets. But what
in the name of diplomacy do we have to
gain by sending an American minister to
APPENDIX
excha n ge views with the special toad y of Mr .
Khrushchev In Buda pest ?
.
Ca n a n yone actually b elieve tha t 7 years
after the Buda pest bloodba th. the r egim e
enscon ced a t the p oint of victorious Ru ssia n
b a yonets Is now the legit imate r epresentative
of t he H ungarian people?
If this America n palliative to the touchy
soviet sens!b!lit!es over their wret ched r ole
in Eastern Europe Is t o be typica l of ou r
moves t o ease tensions, we would prefer to
r etu r n to t he cold war .
The Legacy of Project Mercury
EXTENSION OF REMARKS
OF
HON. CHARLES H. WILSON
OF CAL IFORNIA
IN THE HOUSE OF REPRESENTATIVES
Thursday, August 15, 1963
CHARLES H. WILSON. Mr.
Speaker, one of the companies actively
engaged in the conquest of space is the
Garrett Corp. of Los Angeles. This
company employs more than 10,000
skilled personnel and produced the important environmental control system
(ECS ) for Pr oject Mercury.
In the Spring issue of New F r ontiers,
a Garrett publication, an article dealing
with the aspects of both the Project
Mercury program and the Proj ect Gemini progra m bas cau ght my interest. I
know many Members of the House are
constantly sear ching for more information on the r ace to the Moon, and I t h erefore bring this article to the attent ion
of~ colleagues.
The article is as follows :
Mr.
TBE LEGACY OF P ROJECT M ERCU RY
(By J ohn W. Bold)
He was the last to ~o. Sh epard, Grissom ,
Glenn , Carp enter, an d Schlrra already had
experienced the tense countdown, t h e surge
of r ocketing into space, the exhUira tl,Qn of
weightlessness and the security of recovery.
But Gordon Cooper's 22 -orbit flight was the
longest and most precise.
ms was, for 29 h ours, a textbook fli ght.
But !n the last few hours the NASA-McDonnell t eam used "all the p ages in the b ook."
In the last fe w mi n u tes, an electrical problem
forced the youngest astonau t to carefully
position his s pacecraft, fi re the retro rockets
and guide his Fai t h 7 spacecraft down
t hrough t he a tmosphere-all by hand. He
com pleted his long 34-hour, 600,000-m!le
fli gh t wit hout the a id of aut omatic equip m ent.
I t was a susp en sef ul ep!logu e to the 4 year
saga of Proj ect Mercury. Shepard 's flight
was the daring first . Grissom confirmed data
and pr ep ared us f or a n orbi tal mission.
Ca r penter's took a breathless " month" of
m inutes b efore recover y was accompl ish ed
in th e At lan t ic. Astrona u t Glenn's was a
"real fi reball." Sch lrra. flew t h e first "textbook " fligh t . All six, each !n h is way, con tribu ted new d ata, new d rama. t o t he st6ry
of manned space fligh t , t old !n an unprecedented f r ankness by NASA's M(lnncd Spacecraft Center.
But now is the t ime for retrospection . The
Wgh ly successftU Projec t Mercur y program
has ended . During this 5-year p rogram, wh at
have we lear ned ? What new t h eories h ave
evolved from this Nation's first mann ed space
program? What new engineering con cepts
wil help us In future spacecr aft d evelopment
work? In particular, what have we learned
A5241
f r om P roject Mercury that w ill aid us in
Pr oject Gemini?
An in sight int o the answers to these q u estions can be gained a t Garrett-A!Research ,
which produ ced the vital environmental control system (ECS ) for Project Mer cury, u nder
contra ct
to
McD.onnell
Aircraft
Co.
It ls now d eveloping a slm!lar system for
Project Gexnin!, again un der a McDonnell
contract. Both programs are under the tecb n!cal d ir ect ion of NASA's Ma n n ed Sp acecraft
Center.
Na turally, the experience of both com pa n ies gained in P roject Mercury tran scends
into the Gem!ni pr ogra m. "Exper ience ls the
b est sch oolmast er, a nd it h as t a u gh t u s a
grea t d eal ," r eflects R . C. "Dick" Nelso11 , AiR esearch's progra m m anager for the Project
Gem !ni en vironment al con t rol system . "At
an ear l y meetin g a t McDonnell," h e r eca lls,
" we were a ble to sit down a nd quickly determine and analyze problem areas. Imm ediately we foresaw ch anges in the ECS
which would be n ecessar y b eca u se of ch a n ges
in the mission profile and wh at we learned
from Mercury.
"From our point of vtew," Nelson believes.
"there 's on e Important · thin g we've learned
f rom Mercury. Tha t's a bout the man. He
h as shown tha t a well trained 'test p!lot ,'
who can t hink and act Is more d esira ble t h a n
t h e most sophistica t ed , a u tom atic equip ment
yet designed ."
"As a result," Nelson continues, "the
Gemini environmental cont rol system will
h a ve less a utomatic control more xnanual
operation. By reducing the complexity of
the system we wlll increase rella b!lity. Since
t h e Gemini astrona uts will h a ve ' time on
t h eir ha.ncis' to think and act durl.n g their
2 week mission, less a u tom ation ls re quired ."
(F ollowing Gordon Coop er 's flight, Walter
C. W!lJiams, associa te d1rector for NASA's
Manned Spacecraft Center, told the p ress that
if a m a n were not a board the Faith 7 h e
dou b ted 1! It could have reentered and been
recovered .)
I n P roject Gemini, man's requirements
wlll be b asically the same. T hus the f u nct ion of the ECS remains u nchanged- to provide two astrona u ts a safe and comfortable
atmosphere f or 2 weeks ln space.
The system wlll provide f r esh oxygen, cabin
and suit pressurization, thermal control, water m a n agem ent and toxlc gas removal. To
accompUsh these functions, the Gemini ECS
can be grouped Into the following functions:
the loop, or circuit, for suit cooling and p ressurization; the cabin loop for cooling and
pressurization; the fr esh oxygen supplypr imary secondary, and emergency egress;
t h e water management loop; the coolant
loop. The egress oxygen supply ls part of
the launch a bort system, slmllar to aircraft
t ype ejection seat s . It will be u sed !n Gem ini
in lleu of the escap e tower system wh ich wns
u sed in Proj ect Mercury.
The learning curve which "lifted off th e
p ad " With Mercury h as d ictated som e changes
in the Gemini system as compared t o Mercury.
Nelson llst.s seven areas In which Mercury
experience h as resulted !n Impr ovements :
1. Coolan t subsystems and t h ermal regulation.
2. P ressure r egulation.
3. Moisture rem oval.
4. Su it compressors.
5. System geometry and installation.
6. Testin g.
7. R ells bUity.
In addi tion , t h e longer mission profile haa
r esulted in new concepts in the following
areas :
1. Oxygen su pplies.
2. Heat transfer equipment.
3. P ower su pplles.
4. System servicing.
5. Water management.
�A5242
CONGRESSIONAL RECORD -
For oxygen st orage: a different source replaces the high pressure system (7,500
pounds per square inch) used in Mercury.
The new source, a supercritical system, will
serve as the primary source of oxygen. A
high pressure source (5,000 pounds per square
inch) wm be secondary. Supercritical storage defies definition In layman's terms. However, it 1s oxygen compactely stor ed in a sta te
between a gas and a l!qUld. In orbit the
supercritical storage provides enough oxygen
with ample r eserve for two men, for 14 days,
in the Gemini spacecraft-occupying a minimum of space and weight. During reentry,
the high pressure source, which also serves
a backup for tt:re supercritical system, will
supply the necessary oxygen, pressurization
and cool!ng.
In Project Mercury, cooling was totally
dependent on a cabin and suit heat exchanger boiling water as the coolant. These
wa ter boilers were ideal for the weight and
short mission of Mercury. In fact, In some
instances, water will continue to be used for
cooling In Gemini. However, the cooling
burden In Project Gemini will f all on sbi:
heat exchangers using a recycling oil-type
coolant Instead of water. Heat absorbed
by the coolant will be radiated Into space
instead or boiled off as steam as in Mercury.
The constant manual control of the hea t
exchangers will also be eliminated. This
operatlOJ\, slm1lar to adjusting a home a ir
conditioning system, will be replaced by an
automatic system with manual . override.
This wm eliminate excessive temperatures
Incurred before the bolling process stabilized
temperatures in the spacecraft-usually before the end of the first orbit.
Expulsion of the coolant in Mercury was
accomplished in a pressurized tank with a
bladder forcing the water out. The Gemini
system wm comprise a closed loop unit including four parallel pumps--two In a loop-for more effective coola nt circulation.
During each launch the Mercury l!thium
hydroxide canister required special attention. Engineers kept an accurate count on
the time each cannister was u sed and tested.
This way, launch personnel were assured
sufficient lithium hydroxide was available
!or carbon dioxide removal tor the entire
length of the mission. In Gemini, lithium
hydroxide will be used again; however, the
amount Installed In the re-entry module
w111 be more than adequate.
_
The water separator, which was a pneumatically operated sponge type, will be replaced by a static type separator with no
moving parts. This development is an outgrowth or Garrett's extensive aircra ft air
conditioning and pressurization experience.
It ellmlnates the possibility or high moisture
content (humidity) In the sp acecraft, and
with no moving parts, Is more reliable.
Sult and cabin compressors will have
greater capacity (23 and 88 cubic feet per
minute respectively) but wlll require little
additional power. Conservation of electrical
power has been a design objective throughout the Gemini program. But It Is not a n
easy goa l.
In Mercury, A!Research d elivered 49 different ECS components to McDonnell where
they were assembled. The Gemini system
contains 114. However, as Dick Nelson puts
it, " we are marrying many of the components
here at A1Resear ch ," so that 84 components
will be Integrated Into 11 modules. This
m arriage, Instigated by McDon n ell, Insures
optimized design and better -performance.
The other 30 components will be d elivered
ind ividually.
T he marriage of componen ts into comp atible modules enables t he subsystem to b e
quickly divorced from the sp acecraft. Thus,
d u rin g t he countdown If a malfunction occurs In a module It can be quickly r emoved
and r eplaced. I n fact t h e en t ire Gemini suit
m odule ECS can be replaced in 40 minutes.
By comparison, In Mercury it required 24
August 15
APPENDIX
hours to r emove the carbon dioxide absorption ca nister alone.
What is the status of the Gemini environmental control system ? In May, the first
m ajor segment -of t h e Gemini environmental
control system was shipped to McDonnell,
St. Louis for testing. Dick Nelson took personal charge of the shipment. After telephoning several d epartment heads to insure
proper p ackaging and shipment, Nelson
swung his 6-foot, 6-inch, 220-pound frame
around and said, "I feel I'm send ing my
first child 011 a trip." Without a doubt,
every AiResearcher who h ad nursed the production of teh equipment a long felt t he same
way.
Today, comprehensive m anned tests are
being conducted to prove the operational
compatibility of the environmental control
system to the man. These tests are being
conducted in A!Research, Los Angeles and
soon reliablllty and qualificat ion tests will
begin in AiResearch's new lab in Torra nce.
This new multimillion-dollar facility is replete with clean rooms a nd liigh altitude
chambers (capable of simulating 240,000 feet
a lt itude). New data acquisition equipment
electronically records more than 300 measurements on each test. This equipment
enables deta il-conscious engineers to a n a lyze t est d ata In hours when previously it
required days, often weeks.
The meticulous task of designing, fabricating and testing the Gemini environmental
control system Is a carryover from Project
Mercury. Much or the technology gained
in Project Mercury ECS Is directly applicable
to Gemini. As an example, Nelson cites the
Gemini testing program: "We are not trying
to devise new testing procedures," be said.
"E,cperlence enables u s to retain the va.Jld
concepts u sed In Mercury and add improvem en ts."
"The experience we gained In Mercury has
gl ven us confidence In our Gemini work and
in systems for the future," says Nelson.
And what of the fu t ure ? Our national goal
is to la nd a man on the moon. Just as experience galned ..from Project Mercury ls applied to Gemini, so will Project Gemini d ata
be applicable to Project Apollo. The Apollo
Spacecraft, with an AiResearch environmental control system aboard, will carry
three men to the moon.
Cost of the Nation's space program rests
heavy on the Federa l budget. Today, cost
conscious engineers are optimizing the1r design and using their creative ingenuity to
minimize development ·costs. Certainly, the
carryover experience "from Mercury to Gemini will result In vast savings.
Wills.rd E. Wilks, In his new book "The
New Wilderness-Wha t We Know About
Space" notes that It will require an average
of $7 b1lllon a year to accomplish our national space goal. "It Is less than the $7.6
billion Americans spend ~nnually on cigars
and cigarettes," be wrote.
At first glance the cost of the Nation's
space program seems as h1gh as the apogee
of Gemini Itself. However, erudite plann1ng on the p art or the Nat ion al Aerona utics and Space Administra tion has kept costs
n ominal.
Already, nine n ew astronau ts are selected
and are ga ining from experiences of the origina l s even. (At a recent Cape Canaveral
pre.se conference, astronaut "Deke" Slayton,
who is coordinator of Astronaut Activity,
quipped to newsmen tha t they preferred to
be called the "original" r ather than "old"
astronau ts. ) Of the original astronauts Wally Schlrra was assign ed the environm en tal
oontrol system as his special assignment.
In the n ew grou p, J ohn Young, a Navy pilot,
will con centrate on the ECS.
But it t.ook one of the " original" sages
to place the manned space program in proper
perspective. Astrona ut J ohn Glenn said ,
"But the greatest of all benefits from manned
space flight will un dou btedly come from
some now-unforeseen discoveries occasioned
by man's ability to assess the n ew things he
encounters In the unknown."
For the present little Is unforeseen or un known. The Nation's space program stands
strong, bolstered by legs of ~xperience.
Civil Rights by Bishop Andrew Grutka
EXTENSION OF REMARKS
OF
HON. RAY J. MADDEN
I
OF INDIANA
IN THE HOUSE OF REPRESENTATIVES
Thursday, August 15, 1963
Mr. MADDEN. Mr. Speaker, the following are excerpts from a pastoral letter
by Bishop Andrew G. Grutka of the Gary,
Ind., Catholic diocese. ·
Bishop Grutka's diocese ·contains the
great Calwnet industrial region of Indiana. It is made up of many nationalities, races, and religions.
This great cosmopolitan region for
over a quarter of a century has been actively making a sincere effort to practice
civil rights. Our area is probably more
free from racial agitation than any area
in the Nation.
~
Religious leaders like Bishop Grutka,
business leaders, public officials, and all
segments of business have been making
a sincere effort to practice civil rights.
The following is a news item on
Bishop Grutka's message and also an
editorial from the Gary (Ind.> Post Tribune commenting on the message :
GRUTKA ASSAILS RACE PREJUDICE IN
PASTORAL LETI'ER
A pastoral letter Issued today by Bishop
Andrew G. Grutka of the Gary Catholic diocese brands racial prejudice and Injustice as
heinous crimes against God and man.
Divided Into three p arts, the letter follows
t he theme of rac!al Justice and charity. It
explains Christian teaching, areas of cone.e m,
and the roles of the church and the Individual in elimina ting racial d iscriminat ion, preJudlc~. and segregation.
The bish op wrote that the letter wasn 't
fulfillment of an official duty. "It is rather
the expression o! a d eep and painfully felt
concern for many sorely tried and shrunefully
treated members of our community, Negroes
In particular."
He cited the fact that Negroes a re pooling
resources and energies and enduring hardships to get free exercise of human rights and
dignities. He urged "right-thinking persons
and practicing Christians" to len d Negroes a
h and In this effort.
Admitting the message offers no simple or
easy solution for the elimination of prejudice, discrimination, or segregation , the
bishop said It hopes f or a change in attitude
and that Christians will follow the m ean"ing
of John 18 :34: "A new commandmen t I give
you that you love one another."
Grutka explains the unity of t he h u man
r ace by r eferences to the teachillgs of the
story of creation In the Bible, to statements
by Pope Plus XXII, Pope John XIII Md to
action of t he bishops of the United States in
1958. The equalit y of all m en , the human
dignit y of all m en and the honor of all
men are cited In h is explanation.
He explains how foreign Immigrants, once
r ejected, have been asslm1lated In to our society and are not easily recognized as distinct ethnic grou ps.
Then, he writes, "Th e Negro is faced with
slm llar challenges in h ousing, employment,
�[COMMITTEE PRINT]
J U NE
20, H)63
PRINTED FOR THE USE OF THE COMMITTEE ON
COMMERCE
88TH
CONGRESS
1 ST SESSION
5. /7J V
IN ':l1HE SENATE OF THE UNITED s rrArrES
J U NE
,
1!)63
Mi:. __ _____ ___ introduced the following bill ; which w ns read t wice ::tnd r eferred
to the Committee on Commerce
A B LL
To eliminate clisrrimination in pub1ic acconnnoclation~ affecting
interstate commerce.
I
Be it enacted by the S enate and H~ ouse of R epresenta-
2
tives of the United S tates of A11ie1·ica in Congr·ess assembled,
3
That this Act may be cited as the "Interstate P ublic A ccom-
4
moclations Act of 1963."
5
FIN DINGS
6
SEO. 2. (a ) The American people ha.Ye become increa. -
7
ingly mobile during the last generation, and millions of
8
American citizens travel each year from State to State by
9
rail, air, bus, automobile, and other mean. . A substan6al
10 number of such travelers are members of minority racial
J.20-104-1
�2
1
and religious groups.
These citizens, particularly Negroes,
2
are subjected in many places to discrimination and segrega-
3
tion, and they are frequently unable to obtain the goods and
4
services available to other interstate travelers.
5
(b) Negroes and members of other minority groups who
6
travel interstate are frequently unable to obtain adequate
7
lodging .a ccommodations during their travels, with the result
8
that they may be compelled to stay at hotels or motels of
9
poor and inferior quality, travel great distances from their
10
normal routes to find adequate accommodations, or make
11
detruled arrangements for lodging far in .advance of sr,heduled
12
interstate travel.
13
( c) Negroes and members of other minority groups
14
who travel interstate are frequently unable to obtain adequate
15
foo d service at convenient places along their routes, with
16
the result that many are dissuaded from traveling interstate,
17
while others must travel considerable distances from their
18
intended routes in order to obtain adequate fo od erv1ce.
19
(cl) Goods, services, and persons in the amusement and
20
entertainment industries commonly move in interstate com-
21
merce, and the entire American people benefit from the in-
22
creased cultural a:nd recreationa.I opportunities afforded
23
thereby.
24
tion artificially restrict the number of persons to whom the
25
interstate amnsement and entertainment industries may offer
Practices of audience discrimination and segrega-
�3
1
their goods and services.
2
state commerce by such practices and the obstructions to the
3
free flo w of commerce which result therefrom are serious
4
and substantial.
The burdens imposed on inter-
5
( e ) R etail establi.·hments in all States of the Union
6
purchase a wide vaii ety and a large volume of goods from
7
business concerns located in other States and in foreign
8
nations. Discriminatory practices in such C'sta blishmen ts,
9
which in some instances have led to the vvithholding of
lO
patronage by those affected by such practices, inhibi t and re-
11
strict the normal di stiibution of goods in the interstate
12 market.
13
(f ) Fraterna l, religious, scientific, and other or D'a m za-
14
tions engaged in interstnte operations are frequently di ssuaded
15
from holding conventions in cities whi ch they would other-
16
wise select because the public facilities in such cities are
17
eitber not open to all members of racial or reli gious minority
18
gronps or are ava il al>lc only on a segregated basis.
19
(g ) Business organization s arc frc<]_nen tl y haxn percd in
20
obtaining the services of skilled workers and persons iu tho
21
professions who are li kely to encounter discrirninat io11 lx1sed
22
on race, creed, color, or national origin in restaurants, retui l
23
stores, and places of amnsernent in the urea ,vhoro tl1rir
24
services are needed.
25
avoid subjecting their employees to such di.-crimina.tion and
Bnsiness organ ization s which seek to
\
�4
1
t o avoid th e strife resulting· th erefrom a.re r estricted in the
2
choi ce of location for their offices and plants. Such di s-
3
crimination thus reduces th e m obility of th e national labor
4
force and prevents the m ost effective allocation of na.ti011al
5
r esources, inc1nding th e interstate movemell t of imlustrics,
6
pa.rticularly
7
of industrial and commercial expan sion and development.
u1some
of th e a.rea s of th e Nation most in need
8
(h) rrhe discriminatory practices describ ed ab ove are
9
in a.ll cases encourag ed, fo stered, or tolerated in some degree
10
by th e gove111mental auth orities of the Sta te in which they
11
occur, which li cense or protect th e businesses iff, olYed hy
12
means of Jaws an d ordinan ces and th e a,d ivities of their
13
executive an d judicial officers. Snch cli:,crim inMory pra,c-
14
tices, par ticula rly when their cumulative effect throughout
15
the Nation is considered, tak e on th e cha.ra.cter of action by
16
the States and th erefore fal l within the ambit of the equcd
17
protection clause of the fo urteenth am endment to the Cou-
18
stitution of tbe U nited State. .
19
(i) rrhe burdens on aml oh:--tructi011s to commerce whi('h
20
a.re described abo, e can best be remoYecl by invoking the
21 power,· of Cong re. · ' under the fom-teentb amendment and the
22
commerce c]ause of the Constitution of tb e Un ited States to
23
prohibit discrimination based on race, color, religion . or
24
rnitional ori gin in certain pnb]ic establishments.
�D
1
RIGHT TO NONDTSCRIMINATION IN PLACES OF PUBLIC
2
ACOOMlVIODATION
3
SEC. 3. (a) All persons shall be entitled, without dis-
4 crimination or segregation on account of ra ce, color, religion,
5 or national 01igin, to the full and equal enjoyment of the
6
goods, services, facilities, privileges,· advantages, and accom-
7 modations of the following public establishments:
8
( 1) any hotel, motel, or other public place engaged
9
in furnishing lodging to transient guests, including guests
10
from other States or traveling in interstate commerc~;
11
( 2 ) any motion picture house, theater, sports a.rena,
12
stadium, exhibition hall, or other public place of amuse-·
13
ment or entertainment which customarily presents m6-
14
tion pictures, performing groups, athletic teams, exhibi-
15
tions, or other sources of entertainment which move in
16
interstate commerce; and
17
( 3 ) any retaa shop, department store, market,
18
drugstore, gasoline sta tion, or other public place which
19
keeps goods· for sale, any restaurant, lunchroom, lunch·
20
counter, soda fountain, or other public place engaged in
21
selling food for consumption on the premises, and any
22
other establishment ·where goods, services, facilities 1
J.. 20- 104-
2
�G
1
privileges, advan.ta,ges, or accommodations aTe held oU:t
2
to the public for sale, use, rent, or hire, if-
3-
(i) the goods, services, facilities, privileges,
4
advantages, or accommodations offered by any such
5
pla.ce or establishment are provid.ed to a ·substantial
6
degree to interstate travelers,
7
(ii)' a substantial portion of any goods held out
8
to the public by any such place or ;establishment
9
for sale, use, rent, or hire ha.s moved in intersta.te
10
commerce,
11
(iii) the activities or operations of such place
12
or establishment otherwise substantiall5 · affect iJ.1-
1_3
terstate travel or the _interstate n~ovenwnt of goods ·
14 ··
in commerce, or
15
(iv) such place or establishment is an integral
16
part of an establishment inoludecl under this subJ
17
section.
18 For tlie purpose of this su.b.-ection, the term "integral part"
19 means physically located
011
the premis.es occupied by an
20
establishment, or located contiguous to such premises and
21
owned, operated, or controlled, directly or indirectly, by
22
or for the benefit of, or leased from the persons or business
23
entities which own, operate or control
a11
esta,blishm nt.
24
(b) The provisions of this Act shall not apply to a
25
bona fide private cluh or other establisbn1ent not open to
�7
1
the public, except to the extent that the facilities of such
2 · establishment are made available to the customers 01; pafrons
3 of an establishment v,~thin the sc-·ope of subsection (a).
4
PROHIBITION AGAINS'r DE NI AL OF OR I NTERFERENCE vVITH
5
THE RIGHT TO NOND'ISORIMIN ATION
6
Srio. 4. No person, wheth er acting nncler color of la.w
7
or ·oth er wise. shall (n) wit.l1hol<l , deny: or attempt to with-
s
hold or deny, or deprive or attempt to deprive, any person
9
of a.ny right or privilege secured by section 3) or (b) inter-
10
fere or attempt to interfere Virith ai1y right or privilege
l l · secured by section 3, or ( c ) intimidate, threaten, or coerce
12 · any per.·01i witlY a purpose of inteif ei·ing ,v1th any right or
13 · privilege seCLtrecl by section 3, or ( d) puni sh or at.tempt to
14
puni .·h any person--for exei'cising or attempting to exerci se
15
any right or privil ege secured by secti on 3, or ( e) incite or
16
aid or abet any person to do any of the foregoing.
17
18
OJ.VIL A CTIOr FOR PREVENTIVE RELJEF
SEO. 5.
( a.) vVhenever any person ha s engaged or
19
there a.re reasonable gTotu1ds to beli eve that any person is
20
abon t to engage in any act or practice prohibited by section
21
4 , a civil action for preventive relief, including an a.pplication
22
for a permanent or temporary injunction , restraining order ,
23
or other order, may be instituted
24
aggrieved, or ( 2 ) by the A ttorney General for or in the
25
name of the United States
( 1 ) by the person
i.f' he certifies that he has received
�8
1
a, written complaint from the person aggrieYed and that in
2
his judgment (i) the person aggTieved is unable 'to initiate
3
and maintain appropriate legal proceedings and (ii) the
4
purposes of this Act ·will be materially furthered by the
5
filing of a.n action.
6
(b) In any action commenced pursuant to this Act by
7
the person aggrieved, he shall if he prevails, be allowed a,
8
reasonable attorney's fee as part of the costs.
9
( c) A person shall be deemed unable to initiate and
10
inaintain appropriate legal proceedings within the meaning of
11
subsection (a ) of this section when such person is unable,
12
either clirectly or through other interested persons or organi-
13
zations, to bear the expense of the litigation or to obtain
14
effective legal representation ; or when there is reason to be-
15
lieve that the institution of such litigntion by him would
16
jeopardize the employment or economic standing of, or might
17
result in injury or economic damage to, such person, his
18 family, or his property.
19
(cl) In case of any complaint received by the Attorney
20
General alleging a violation of section 4 in any jurisdiction
21
where State or local laws or regulations appear to him to
22
forbid the act or practice involved, the Attorney General
23
shall notify the appropriate State and local o·fficials and,
24
upon request, afford them a reasonable time to act under
25
such State or local laws or regulations before he institutes an
�9
1
action.
2
be required if the Att01ney General shall file with the court
3
a certificate that the delay consequent upon such compliance
4
in the particular case would adversely affect the interests of
5
the U nited States, or that, in the particular case, compliance
6
,vould be f1uitless.
7
Oompfomce with the foregoing sentence shall nou
( e ) In any case of



i




complaint received by the Attor-
8
ney General, inclucfu1g a case within the scope of subsection
9
(cl) , the A ttorney General shall, before instituting an action,
10
utilize the services of any Federal agency or instrumentality
11
which may be available to attempt to secure compliance with
12
. ection 4 by voluntary procedures, if in his judgment such
13
procednres are likely to be effective in the circumstances.
1-±
.JU RISDICTION
15
SEC. 6. (a ) The di strict courts of the UnitBcl States
J6
shall have jurisdiction of proceedings in. titutecl pursuant to
17
this .Act and sha ll exercise the same without regard to
18
whether the aggrieved party shall have exhausted any ad-
19
ministn1tive or other remedies that may be provided by la,v.
20
(h ) Thi s Act shall not preclude any individual or any
21
State or local a,gency from pursuing any remedy that may
22
be :wailahle uuder any ]fe deral or State law, including any
23
State statute or ordinance requi ring nondiscrimination m
24
public establishments or accommodations.
�[COMMITTEE PRINT]
J UN E
88TH CONGR ES S
1ST SESSIO N
20, 1963
s
AB LL
To eliminate discrimination in public accommodations affecting interstate commerce.
By M:r. _________ __ ____ _
J UN E
Read
twice and
,
1963
referr ed to the Committee on
Commerce
�, -- -
-
-
SenaIe i6?.fee
Gels ivil .Rigb1s~
H~~rings July :16
1.

A '(
'
BY JOHN HERBE RS
lJniled Press International ·
, WASHTNO'OON -
(UPI) - ·rhc
Senate Judiciary Committee, nead-
by Mississippi 'Democrat James
'-'· E~ and, announced Tuesday
1t will begin hearings on President
Kennedy's civil rights b!ll on July
16,.,~ith Atty. Gen. Rober-t F. Kenneuy as fi'rst witness.

The announcement a ppeare'd to
confirm predictions bhat the f.u11
committee would conduct the hearings rather than turn them ove1.
to a subcommittee flrst. :Thls means
it will· be a one-stage procedure, I
but does not necessarily sb.ovten
coqsideration of the issue. .,
·
Senate Democrat.'-' leaders a.re
conviuced there ,
le hope of
g etMn t Kennedy's tlUlr. oMl, rights
lbill , out oI Easttaritl's , committee.
Thij.5 ,they lta,e devised . alterna t ive methods to get it to the Senate
floor for consideration.
DIVERTED 'TO CALE!liDAR
This strategy c;alls for diverting,
the H.ouse civil rig!Jts bl11 to. the
Senate calendar when it arrives,
-thereby avoiding having it assign~
ed t o the so-.called "graieyard" of
the -Judiciary Committee. It could
be then ca11ed up {or the begfunlng
of what Is expected to be a deter.
milled southern -filibuster.
'11he Judiciary Committe~ will
deal with all
Uons Qf the PresJclei;it 's pr oPQIM ltlli~llt the public
a,c,commoclat,191111t,. .a11111"e, which is
under corudde
n by the Senate
Commeroe Committee.
U 4or judiciary s tudy will be
p
ls Involving ,votlng rights,
school· desegregation and tho possible cut- off
deral funds for
·wb
rl11)ina tion is
=s
Everett M .
the publb
a
the ranking. . pubtlcan on
tland's Jud.lcia-ry Committee. He favors other
port,\ons of the administration progra.in, but Eastland and fellow
southern senators oppose it general.
)y , .
MARK THIRJ> APPEARANCE
The ·J uly 16 hearing!! will mark
Atty. Gen . Kennedy's third major
appear ance before a congressional
commit tee on the President's civil
r ights leglslatiop . He '8stifled bet e he.Hou~ J ~ Q>mbl
hu;t wee)t and W8'1~ befele 1111 Senate Commerce Oommlt t-'t Mol'ldt!.Y
a11d Tuesday. He will· r,bUrn 'Wed~esj:lay._
�o:wr. Rights Pro
[riacted, WillQ•IIUMI~
struggl .
himself had alrea
'I he 1,500 t
so-called "public 1116cl»llidll,~P.ial~ . pend rlx d y
proposal J1S an lnva
e for advancing th Ir
f equal
property righ ts.
righ



ind racir, J Jntegratlon. They




"My position will be, I'm going no i;o 11t a time when the ii. ue
to find some way l t0 present the domlnaLcs domc::;t lc politics and.
views of Georgia Oemocrats to the ConF,"r •s Is abnu t to begin debate
n ational pa rt y," san11ers· said.
on the nWf;f, <-werpm·• civil right.,
"I h ope I can co11vlnce them that :prop, m t he ~i b I
.if,
By IUPI)
wha t they're trying to do Is not In morif!n Umr•,.
Gov. earl sanders said T uesda the best Interest of tbe ,party."
From Nort.J,, L:outh, Ea-.t. and
t,h at future even ts in Presiden
san
d he will "certainly W L. clrlP ,atrs hy the h11udre,:l ·
Kennedy's clvil r igh ts campaig be fir
•Within the party had convcrgr·d on the Windy lty
gia Demo- aL t11e wrrkenct 1ur the conventlot
could put him In a "different posi tor w
tion" about party loyalty if Geor crats be
11111! up with
The mcctJ11 1 the first 11atiou I
a pl'opo.:·
. . . ._,.,~ e of gathe1in~ 01 ,, civil rights organl
gia's interest Is at stake.
'Tm a loyal Democrat," san der Georgia
ziition ~inre thi> birth of the 19
aid. "I intend to stay in the part
"I t,hlllk
11'111111llo.lill,IJl!II•
'riv-ii ri hh <.:rl~i-:" in thP :-treet
hat doesn't necessarUy mean t h national
of .tlin
ct el.·ewl,rrc
uture would not be such that ' a ll the civi
g ts legislatio~
D lo
couldn't be 1'Ut in a d ifferent posi· thro.ugli wit hout some compromise. velopi
, urh
tion.
pr,Jiti
"The people of Georgia are my
ne ·nterest ."
tl(\11. hOl'
numb
ed with a United
'11,rv iilre
al re
the
eorglans.
luding
D~mocrats, are angered by the
Rights ,Bill
Chang~ L. ~
Of Ga. ~ -Sanders··
(Continued on P~ 5, Col. 2)
�~ll4.T ABOUT TOMORRO·W?
he ebOOlel not to 1erve. Jf • .1torekeeper can be compe1led
to 1e"e in hil ,tore, people he wouJd rather not sen-e, the
imtitution of private property i, endangered. Hi, ,tore ha,
become public. property-and your private property right1
hne liecome eadU1gered. Yet that ii precieely what the pre..
eat adminimation ia ieek.ing to accompliah by invoking the
..intentate commerce" clauee of the Comtitution.
Top lffel, ,tnteglcall:, planned racial dl'!IDomtratJom
111'11 qringinc up ·,ponuneou,ly' all OTer America, Theae
poape wam of national rnolution unleat racial demand.
are met. What WU once •a problem for the South• hu beceme
a problem for e-rery ctate. city ud community. It threaten,
the Nqro. ju,t • well u the white man.
Thele ume organised. r .. .!ial agitaton, who proclaim and
cite their comtitutioaal right of 'peaceful integration' are
at deetruction of orderly freedom. HilltOry of the lut
IO yean renala a lon1 li,t of JHtiom taken over by Commu•
11lm, throu1h me of nci.d a11tatioo.
Under thi, kind of dictatorehip, i,he doctor, who prcfcn
to 1elect hia office location, chooee hi, nune and he 4 heart
apeciali1t, can be required to he a general practitioner, told
whom to employ ,u.d where he , hall work. If he refuse,. he
CUI have hit oftice 1eized and occupied by the favorite, of
the bureaucracy. The aame would become the cu e for editor,.
Jawyen, taleamea, etc.
aimina:
Tbeee qitaton ue not me~e1y ukin1 for 'equal righll'
for the Ne,rc,1 they ara demudiq 'apeci.al righta' in Tiolation
of the rip,. of .U people. They are cfemmdin1 the ript to
nolate city ordinancee and 1tate lawa.
-
They are demuuling-md getting-immunitlee and apeeW pririlepa for Nesro citisem which white citisme do not
If the Jiaht of private property i, taken away from the
eitba lll UI artificial emergency, created by profea1ionaUv
,poi*)red racial riotl, then CongreM might be 'prc1aured1
lllto puaing Federal 'Emergency' mea,urn under the label of
aaTUlg our nation from internal di10rden. Thia could n1uh
in a total dictatonhip, and our hard fought-for-freedom, wilJ
hne vanW..ed. Thia would prove a, diautrou1.!or the Negro
Q for the white man,
Demomtraton claim they are fi1htinc for their 'dipity",
but la there any 'dipity' ahown bete in ibae bytterioal dem·
omtratiom? Do th.er not 111gge1t that they are a phony front
for oamethins alarminslY clillermt! In other ccnmtrlet racial
upbeanlt ban been created to brim.a: aboa, artificW eoaditiom deeiped to climax a !Leed for military dietaconhip.
America wu born in the hearta of men bccaUN of the ur,ent
need for freedom from oppreMion and dictatonhip. Lon of
God ad fellow man wa, the 1trong fabric from which it wu
comtru.cted. Today there are Hletmen telling hate of their
fellow man and inflamiq racial ten1ion1, rather than teekiag
fah ,olutiom,
m,,.,,
There ia now ,uhataatial agreem , nt that the Negro should
have equal voting opportunitiee and equal opportunity in the
uac of all public facilitiee. But to give the Negro hi, due i1
one thina:. To aacrifice any of our basic libertie, in the proc,
e11 ii quite mother...Eternal Yigilance it the price of liberty," and in thia day and hour the Negro agitator ia asking
for more than equality; he ia demanding, and getting 1peci1J
ri111ht1 (in the form of _deci,ion, by our courta) which invade
the ri!llhll of aH citizem. The voice• of the reepon1ible Neira leaden who are alert to. the1e dangen are drowned out in
the moUDtin& hy1teria over the attainment of fahe goalt.
mu1 &,pon.ibilitiu
Prlnte property, ,uch a• a re.tauru.t, CUI not 'be Hp·
lated u though it were a public highway.1t ii up to each indmdnal to .., the owulardt for hit emhli,bment, to- wbicb
hil clienteJe mu1t conform. Private rightl inelude the right
to be left alone, u well a, the privilege to make or loee money,
accordmg to the way the individual chOOMII to conduct hi,
bndneN, no matter how wile or how foolilh. It b the re,
,pomibility of all men to re1pect the rigbt1 of Othen.
Until now it bu been the ,torekeeper'• Jicht (and that
meam eYery man'• right under the Comtitutioa) to ICITe the
penom of bla el,o;-to ..... to wbom I,e. ..i.o- Thia la
a Conaitntional llilbt, incident to the .....ablp of pmaie
property. lie bu.Jie. !no to NI... to ,_.. -
Canltitution and Congre,s -L,n,, of lhe Land
Accordin1 to the ConatituJon of the United States, the
lawa of the land are made by the Congreaa. The Supreme
Court D1,erely renden ' ID opinion, H to the applicability of
the.e lawa to a ,pecifie ca11e before iL Ill opinion becomea
1M a o/ IMI cue. Al mch, it i, indicative of how the Court
(u oarratly comtituted) may be expected to decide • aim•
llar oae. Howeffl', to declare an opinion of the court to be
What Savannah Citisens
are urged to do:
2.
Urp the City Council to lmmediatoly ..,... new md - . . . better control U1d repl.ate demon1tration1 and paradee.
'the Jaw of the land' II to dttlare that the Supreme Cout
and not tbe CongreH make, the laws. Thi, ia UDeomtita.tiaaat
But you may be 1ure that thia 11 what• dietatonhip in c:ontro]
cf the court, but not of the Congreaa. would like to have you
helieve.
Senator Ruuell Charge,
or the plann~d rar.e rioh gcing
on all over the United
Statr8 Scnatcr Richard B. Ru~sell charged on June 12, 1963
tlut Prr:aidrnl Kennedy W H raising the •pectre of maH racial
,·iolence to puah Civil Ri ghts prcposa1s th1t were a atep la
the direction of Socialism or Communi1m,
"I WH •• , ahockcd" he 11id "to bear tl1e Preeldent
juetify, if not encourage, the preaent wave of m... dem•
on1trationa, accompanied by the practices o( 1ittin1 or
lying in public 1treet1 and blocking traffic, form.ins
human waU, before the doon of legal bu,ioeuea and
•~1aulting with dtadly wrapon, cfficen of the law, whose
only offense WH tc maintain order and protect private
property."
el IM "Cau,e" Be Remo.,ed
Ir the Commnniett aucceed in America it will be becau•
er a ccn1tant whittling away of our con1titutional rightl. To
auccced in thi,, he mmt line a 'cau,e' with which to brin111
about chao,. H the "•r.auae' is removed, another mu1t he ere,
atcd, and the pattern repeated. Without 'cause' the Com•
munist, are 1oldicn without ammunition. In Brasil their
r.auee wae 'inrlation' ; in China-agrarian reform; in Cuba
it was to 1aboli1h the Batista dictatonhip'. After a 7-year
11tru11:gle in Algeria, Communi1t,led Moalem,, u,ing racial di•
cord , 1ucceeded· in gaining control of the govenment from
the French. A, in Algeria, the 'cause' they .have adopted iD
America i, racial conflict.
There can be no doubt that the Communbt ta debghted
at the opportunity being preaented him to adopt thia 'eaaae'.
He will r ender every aid to the •preuure-demaad' tactice
which 11erve hie end. For him every auault on one of our
ba1ic libertiee is a atepping atone towardt a Commoniat
America. There are none ao blind aa thot0 who will not ace,
and none eo dangerouely blind today H thoee wlao Hfa• to
reeogni.ze the blueprint for - the Commnnilt takeover of
America.
AN OPEN LETTER
TO THE PRESIDENT
,.
3.
4.
Support and encourage by thone or letter, the merebU1t1 who are delendina
f:'.C::,-~a'::pi~: are t e frontline10ldienforyou l Purdwefl'ODlthem
5.
Every American 1hould ditteontinue bayi111 ma1uiDe11 that gin uatnul reporll
of the new1, In,iat on moral ,tandard, in e,,erything you do.
What Atlantans are urged to do:
and the cuulidatel wlto will bi
nm. They ahould evaluato thi, carefully. It i, time both political parti,. learn that th- wha
'lbe time ~' come for every voter to eon1ider future election,
were able to l'I themselvea elected on either ticke~ could jwt •• well be oleetecl
Oil llll
incl..
pendent ticlot. To get proper repreoentation, people of prineipleo and integrity mmt be aoleetecl
u yom Electors ind 1ent to the Conventiom uopledged and committed to no
cudidate. unleat
the CODdldate propooed fill, the higb 1tandard1 the voter ahoald nqaire in the -
aoloc:ted
to
nn oar Nation.
This mes.s age to the people of this community was paid for by a group of r-epresf!ntatlve North Side Citizens.
�,::. .


Ur-tl"t'ED'.r:it:.:rIDN~": ;' (ANP)


'.Adlla,i S tevenson warned 0011,gr es~
las t i,veel{ t h at the wprtd stature of
tht! United Sta tes den'lands p rompt
a pproval of PresJde11t , .Kennedy's
·
civil r ights program.
l\s if t,o ·11bst:tntiate What America's 'OiN ambassador ,was saying a
letter , was presented o · U,uder:
s ecretary of s tate G eorge W. Ball
in Was hington, ~oiclng the protests
of Z7 African governments to
slandero\l8 remarlci mad·e by 'Lou empera te ·senator, Allen
lsiatla's
J . Ellendeb.
·
· t n~ de
"8 repeatedly ··c1ec1ared
that Negtb_~ pies, incluging Afri~
cam,, a re lt\bapait,,le o~ governing
themse: ~
, tStet e~
~ clared that as a
Vni d ~a.Q!~1elegate to the Unit·ed
t1
as concerned with
the1iinUWC!Pl'IHates' world stature·
nd
t th ftflo y1 world" stirring
,n . .Nsia, .Mrlca and Latin America
looked to tbe United .States.

t.he lob ru:rl It, '~llP 'do us
AJ,-~'rtV}1f:J,t. 11qJ11 e i:.i s 1 i't. "t",..r 11 ~ t.n
talk of oursel,ves as the vanguard
0
ui tr.,edu.m anct ctemui.:racy whlle
any of our ,fellow citizens suffer the
indignities of second-class -citizenship? "
·
S tevenson Sf!.id m,ost delegates
'."{Ith exp erie11ce in the country understood that racial progre&s had
been. stepped up in recent years
anti were "patient, tolerant and unp.erstanding" of United States efforts.
However, he acknowledge that
some delegates had been shocked
by racial disorder an . lolence and
that such events has had effect on
some diplomats and their staf.fs.
He declared that he was gravely
concerned with the way ,racial disorder was exploited abroad · by · a
bo~tlJe press, crep.tln~ a fals~ In-
senator Russell has outlived his usefulness as a spokesman
foi:: the state of Geonoa. As a maner of fact. if the laws of this
state were enforced from top to bottom, Russell would be facing
trial on charges of ..inciting to riot."
Last week the honorable Senator made a speech clearly calulated to stir ~p racial strife and domestic tulmult. In his speech,
Senator Russell charged that the civil rights measures presently
before Congress are ten time s worse than what prompted the Civil
Wa r 100 years ago. · .
Ever s ince the senior Senator ha s been in office , his s ole approach to- die pro]km of civil rights for Negroes has .been a ne•
..
ll
gative one. "Lea"e the states alone. Russe suggests.
For how long should they be left alone? T hey have been left
alone for 300 years and Negroes a re still enslaved by a vicious
system of bigotry.
Does Senator Russell believe that Negroes s hould be extendecl
the rights guaranteed them in the nation' s constiwtion, or doesn't
be? If he does not. he is not fit to hold the high office of a legislator. If he does, it's about time he made it known.
Russell has called moves by Negroes to win their r ights ,.cQmmunistic." We ask .. What' s communistic about c itizens who6ave
lived in a country all their lives wanting to share in the equal benefits of that.citizenship?"
We think Senator Russell is unfit to serve this state as a
be-cause he does not even attempt to represent all ~ ·•ffijN • PI>
citizens. The best contribution he could make to th1
signed resignation.
prei .011- of t11e U1ittad: St_e,;_tes. • ,
Stevens011 said h e favored mass
action· to·.strengthen ·the President's
hand on . thi civll r,igh ts pppgr?-m
by, presefi ting · the moral ' issue··. in
. , ·
ev_e ry community: .
Meanwhile, ambassador of 27
African governments sent a letter
to President Ke.nnedy . protestuig
s enator Ellende.r 's public statemep ts that . Negro people 11ire incapable of governing themselves.
The letter ·waa presented to Undei; Secretary Ball by a committee
· of A,mbassadors and chiefs of mission, The ctlmmlttee was composed
of the chiefs of m ission of the United Arab !Republic, Nigeria, Sudan,
Malagasy, Soma,lia and. Morocco.
•Se nator Ellen<fer's ' television appearance on June J~ led to !l, number of conferences O'f ·, rican chiefs·
of mission In Was 1
. The Ambassadors, who fe
the i,oulsiana Democrat hi: lrisulted their
cctintries
'prb
occasions too,
decided to tat e their views to President K ennedy,
�1tive Civil Ith/
Urged~!'"'··~fs
-~I,r
W AS'HiINGTON -
(UPI' - Sen,
George A. 'Smathers, D->Fla., said
!Friday that federal income tax
cut is more important to the nation's Negroes than enactment of
the administration's civil rights
program, much of wlhich he opposes.
The senator said that if the
N~ro can be g· en better economic
conclitlons wh
will ·r pean mo1·e
employment"
of the complaints which ,Hf ~l l~Pllately now
has would Im
y disapear."
Smathers, in
ly r.actiotelevision program·
da con.
stituents, said oh
c,Jtil rigihts
r involve
-p roposals he co
voluntary dese to
- lie accommodat,ions,
, vocational training ( \ ~ ~arantees. He opposed ~welling the
'iederaI government tQ- ent,,ree desegre gation of prlvately-~d and
operated hotels, restaurants and
-similar establishments.
'smathers said he believed that if
a, . man or woman 13uts his or her
mopey into a business llhat they
~ve· the right to sell only to redheaded; chlb-footed,
cross-eyed
people - bhat
!lir privilege
and that ~ -i"flll-.
privilege.'
lege " ..-11.-:->11111
Geprgia's high slate o.fficial• and representatives t congress
have been called upon by the Fulton C9unty . Republican Club, B.
F. S.ullock, president, to stop making sta,ternentis, or taking
actior:i to perpj!tuate segreg.a tiori and dis~rimina.t ion, and to
_support strong civil rights legislation now before the legislator.s;
The .Fulton County GOPs also,
in a second resolution, oalled upon ,
Republi:cans in both hofe.s of Conhts Iegjsgress to develop cVil
Iation ' to alleviate an solve the
c1·1sJs in r ace
relatJ.OP.,$ in this
country.
Said ·the Fulton Councy..Republican Club in the_ rsplu p on the
action of officiaJ6i:ll.
.
"WHEREAS., . r i s i , in r ace
relations, whi'ch
eate1ilng the
position of the
d S tates as
world leader In the field of human
rights and liberties, -ha.-, re.suited
from the failure of Congress t-o enact and enfonce legislation again.st
segregation and discrimination,
"AND WHEREAS, Senator Russell and Talmadge and Governor
Sanders of the great State oI Georgia h, ve publicly declared themselv c,!,o be opposed to the civil
righ •reglslat.lon ~ t l y pro_~
pose by the Pl'
t pt the
United s~~s- for.
'PldPJU'DOSe of
eliminating segrega Ion and dlscrlm Ina tlon,
"BE I1' r R.ESOIM!l1, TBEREFORE, thalr we, a&DDf*ilbers of the
Republican-,. Party,~ has historlca,lly aij.g_tradi
Uy supported th e prili'c pies
freei:lom and
justice for ill, call -\¥bn these high
S.tate offlelals and all other of:ticials elected by the people of tbe
Slate ·of Georgia, to · refrain from
ma k.i
any
statement or
takin
would tend
to pe etu
ion and discrimination, a..,,~1111.iillltfsupport the
legislation w "
make secure
the Unlt:ett••l!!!jll"!tJSit.ion as world
leader in
field of huma n righ ts
8\ld ll~f
In reference to need for .a.ctlon
by Republican members of Congress, the Ful ton GOP resolved :
'WHEREAS, the Congress faces
n crisis in race relations in the
U11ited States, in whic h the Jutur
or ,this counbry and Its international
po\~er uncl reput.allon are nt ~ta k,..
abroad :md In which it hone.,t.v
111 t nl filllng the ideals of deu10.
at h ome alld
I :.1 1
�N·/l!ACP Calls For "Swe
AciCJitions To President ~c r
. t juo bsjnloq
.
Six ·Orga.n ization
,CO(mp·aign To'·
age .
By MARGERY
An ,lncon i lency
In Senator
U'
.
-;7/ 7
a Russ
~J
,'{O ~U
eech
- ~-
'
(United Press Int rn
CHICAG
(UPI) - The Nat,ona Assoc,
for the Ad
vancement of Colored People (NAAC
Tuesday demanded
sweeping additions to President Kennedy's f ivil rights program,
which the NAACP labeled inadequate.
.
Georgi
e nlor Senator of tlie Un i ~
P'ildl'ard B.
Russe ll lef
t e _ci ~ns pf Jasper County and El, fellow
GeorglaF1 ,
be expected on the f i ~steT f!'Ant, when
the CivilOllr.fll~MIJl!l§rffld gets g.oing in the Senate. He rehearsed
=,...=-....:lm
=es;:...::of




.. Thad Stevens and Charles Sumner, ghosts






ic:lent to frighten tho,s e on down generations
,~r.41r••••1is needed to block change.
i ering hot July the 4th, an occasion usually consumed in re ne wing patriotic fervor and accelerating nation- - Police questioned four white b:iys
a l fe alty, the Senot~r chose best to "let 'em have" something on in S t . Augustlne, Fla., about a
hobLing incident in I hiC]l JOU!'
th e President's Civil Rights bill, which he has already pledged to sNegr
o y on t.hs w re struck by 110t"fight these outrageous proposals with all of the power in my l:l'lln pellets in I ,·ant of Lh h ome
being." He referred to the document as "the most inhuman and or a ci 11 r lg:h ts (igure. Police se.ld
1,11e wllile te 1·1 - o.gers told on sadistic legislation in U.S. history!
t'Jictln
r
I.lout ti
c1d nt,
·
Senator Russell "gave 'em the works" on the public accombul,
pµ a rently ,
Ln exmodation portion of the bill. The main argument the Senator
cho.u
or gunli1· in front uf the
makes against this portion of the bill is that it would be an enhome of or. Robert B. Mayling, a
croachment on the property and individual rights of certain proNegro dentist .
prietors of businesses. This is true·, but it is also true that all lows
affect one or both of these rights.
However; the main po_int we would like to make · th some
cities and states have already on J he ir books lows
ic Orbid .\
a proprietor from accommodating or serving members
oth
racial groups. Have not the individual rights of those lndlvlduals
who might have desired to serve members of both races without
discrimil'\ation been encroached upon? We have never known our
senior senator to eve r oppose a law requiring seijregation at the
c:1ty, state or national le vels. So it seems that segregation laws
have al ready encroached upon the individual a l)d property rights
of many citizens.
Mor,pvp.r while we are on th is subject of en~achment, w e 1
are reminde ,of the, many f ili busters in the Senate in which our.
sonator has articipated. Boiled down, is not a filibu ster on effort
to
expression by other members of that
It not
it
ment on their individual rights?
Rights bills are now pending before th• ongress
an
ould be given due study and consideration and passed by that body. In our opinion, they are needed to put our nation
in line _w ith the true meaning of the Declaration of Independence.
'I1he 2,000 delegates to the 54
a nnual NL\ACP convention a,pprov ·
ed unanimously a lengthy resolu
tlon that said .the President's PJ'Ogram Is· commendable but "lnad'l-,
quate to meet the minimum needs
of the threatening situation."
The resolution also ca.lied for a
mass civil ' rights convention next
month in Washington and· "grass
roots" rallies in the states ano ·congresstonal districts the last week
of this month.- In other civil rights developments
Tuesday :
.
-Leaders • of six national Negro
organizations, Including the NAACP,
held · a "summit conference" In
New York City to plan · strategy
for e. nationwide campaign in &UP•
port of Kennedy's civil rigl}ts · i:opooals. Later they were ~ . )\l~
with leaders of 55
er ~
tlo!'iji~ representing reli1lo~ ia,1,K
b.u&iness, civll and fraternal efglh,~
tlon,.
·
he New JeWsey s tate E(l c~q
Commlssion
rdered µte
f)f
BNJI
be
th
g
c
ls
GP.
ion.- ,Fred
said there was no
tempt to segregate
but unintentiot1al s gregab
J'8'
(Continued on Pi.le '9 OeL :4.)
I~
�Civil Rights Protest Takes New Twists Here
St·uden t·s Protest Job Ban
On Negro Liquor Buyer s
"I woa'.t fire any of my whi<e help,," to hire aay niggers. wer~ : : z : -.:.-! &
P a r ks Jr. when a sked for the second time after a week notice if he would hi.i"e Negroes in his liquor store, according to student lea de r Ralph Moore. The store , now under ful l-time picket, ls
l oc ate d on Simpson Rd. near Mayson Turner Rd.
The Committee on Appealfor
Hum an Ri ghts is taking immediate action in seeing that
Negroe s ar e fairly e mployed
there since it is supported predominately by Negtoes.
Picket line s ·ha:ve been set up
and ar e proving to be 100% effective in r educing Negro trade
at the store. The Committee
on Appeal For ,Hum an Rights
doe s not expect too much trouble
from Parks and thinks he is about ready to negotiate .
The P arks own about eight
liquor stores · the Atlanta
ar ea. The sto presently unde r
attac k does -an estim ated
$750, 000 worth of bus ine ss
year At th1 ra te ~e stoi;-e will
lo se some $14,000 weekly if the
boycott con ~es.

A spokesman for the st dent
group told the Inquirer that the
�G~
IA EDI TORS SPEAK:
t,
Civil Rights Proposat\ 1
Shakes American System
Waycross Journnl-I-l('Tatd
WE ARE in accord wilh the views of Sen. Richard B. Russell
on U1e Kennedy administration's nC\v civil rights and the
racial situation in general.
Among other things, the distinguished Georgia lawmaker
said "no American citizen has the right to select the laws he
will obey and those he will disobey."
Referring lo Lhe wave oC racial demonstrations in recent
weeks, he said the American system has always rejected the
idea that one group of citizens may deprive another of legal
rights in property by process of agitation, demonstration, intimi·
dation , law defiance and civil disobedience.
The civil rights proposals sent to Congress by the President
cont.a.in a section that should be repugnant to all Americans,
regardless of race.
This public accommodations proposal would cnab!e the federal government to enforce desegregation of private establishments catering to the general pltblic.
It seems to Sen. Russell, to many other members of Congress
and to us that this is itself a move to
·v.
ericans of
property rights.
Court decisions have laid down a
public facilities supported by tax
r elaled to interstate commerce such as
But the move to dictate to the owner of
..,
urant
WW he may or may not serve is a more eruel
. Should
th1i ·right of property owners be taken away, it would represent
the fall of one of the last great bulwarks of the American initiative
and fr ee enterprise system.
WASHINGT ON - While the heal and thunder
across the ~out h is being concentra ted on the public
accom modations section of P resident J ohn F . Kennedy's
civil ri ~hts bilJ! a_ recen t study of Negro votin g and
po pul~t1on has 111d1cated t ha t a nothe r civi l rights measure might have a fal'-reaching political effec.t.
The public accommodations seclion of the Kennedy bill c'rit lc I()
is the one that would outlaw racial discrimination in such busi-
the state·s counties. In Louisjana
the ··pattern" is seen in over a
third of the counties. In Mississi ppi i 6 of the 82 counlies have reg-
nesses as hotels and restaurants.
Hea rings are being held on that
measure now by two commiltees
of Coa&ress.
La~ week Sen. Richard B. Russell o( Winder told a J asper au·
dience that such a bill " levels an
all buti•ftlOr tal blow at the right
or a man who owns property to
decide llow 1 the property shall be
used . 'J ·


J~~t dNl: :i143.215.248.55n1~5 roit~e143.215.248.55 16:31, 29 December 2017 (EST)=


less than 15 per cent are rcgistered in over ha lf of the counties.
Those 36 counties in Georgia
represent less than one fourt h of
the state·s 159.
If Negroes were suddenly reg
istered to vote in relatively large
numbers iii counties and congressiona l districts where they had
nol parlicipatecl befor e, what
would the result be·?
CALLED49i)cJALISTI C
Earlier the Georgia senator and
leader of ~ Southern group in
the Sen~ d called Title fl
•·socia listti'
communistic .
Howevenwre and more intei-est is beffll"'lhown in Washington
about ~
civil rights proposal.
the voling rights
section of
ill the President
a~!143.215.248.55-~
TO LIBE RAL IZE POLITICOS?
Some Southern poli ticians thi nk
it would be to "liberalize the politicians from many of the areasin economic matters if not in civil
ri_ghts a.natters. 111e reasoning behmd this seems to be that most of
the Negroes thus rcg~stered wou!d
be those who are mterested m
~:.:i;l~O~ra%asg:n~e143.215.248.55a143.215.248.55.. welTheir votes. together with whites
similarly inlerested. would be a
powe1· in congressional districts
and probably to a greater extent,
statewide.
It is unlikely. aceordiQI to severa! Georgians in eoa,re.a, that
these Negroes would ilarelthe numerical strength
.. conCOULD GET ORD ER:
gressmen who w
or
Here is how it would work : In champion civil r i
Miller County. Georgia, no Ne·
groes are registered to vote. The
Justice department would file a
suit charging tha t there is a ··i:mttcrn of di scrimination." If a federal district court agreed. then
any Negro in that county could
get an order decla ring that he was
entitled to vote. if the judge fm:nd
tha t he was qualified under state
law and that he· had been denied
the opportunity
re3!P.
The county btlltfs ;, Uie state
A majority of the counties would
could contest
, ruling, be affected by the new law in all
but meanwhile
uld be but one South Carolina congreste. The s!ona~ district. Most_~r l~e c~unallowed to reg~
court could re
11,m or it ties 1n two of Lou1s1ana s eight
could appoint f
ferees. lf districts would be affected.
before the
One Georgia congressman bean election came a
case had fina lly been sett led, the lieves that the impact of registerNegro voles wou ld be impounded ing Negroes would be less than exuntir there was a decision.
peeled. He says that most of the
counties where the abuses have
26 1 COUNTIES rNVOLVED
occurred are rura l and that a ma.
A somewhat similar provision jority of the Negroes in sul!h
was written into law in 1960. TI1e counties would not be qualifi ed lo
important difference was this: vote even if the registrars were
Negroes could not register or vote fair. This is because of low eduuntil after the case had been de- cation standards, he says.
cided.
IN' URBAN AREAS
According to a study just comBut he. too. concedes that conpleted by a non-government organ ization. there are 261 counties gressmen would have to take the
wishes
of the newly registered Nein the South in which less than
groes into account. He thiuks the
15 per cent of the adult Negroes
state's two senators would be
are registered to vote.
more likely to feel "pressure"'
Thirty-six of those counties are from any drive to r~gister Nein Georgia. mostly in south Geor- groes.
gia. Jf fede ral referees were to
His reasoning here was that
be allowed to register Negroes
to vote in all those counties, it there is al ready a substantia l Necould very well have a decided gro vote in urban a reas in the
impact at the polls on local races state. That prus .. a li tlle here and
though probably not in congres- a little there from elsewhere in
sional races, with two possible the state would. he says. "add up
to a real force in statewide elecexceptions.
tions.
TI1e exceptions are lhe Second
Another congressman sees the
District tsouU1west Georgia ) repmost
important result of a new
resented in Congress by J. L.
Pilcher of Meigs and the Third voting Jaw as being its contribu/southwest central ! represented tion to the early death of whatby E. L. (Tic ) Forrester of Lees- ever two-party system may be developing in the South. He points
burg.'
oui that Negroes a re going to vote
WHERE THEY' RE FEW
Democratic more and more in the
The Second District has 14 coun- South because they are mostly. in
ties. In half of them less than the lowest economic level and the
15 per cent of the Negroes are Republican appeal lo the poor is
registered to \'Ole. The Third Dis- \'C ry slim.
trict has 24 counties. In 14 of them
The only reason that Negroes
less than 15 per cent of the Ne- voted Republican in the South in
groes are registered to vote.
the past is that the "aura or
In Georgia's other districts, the Lincoln" accord ing to this consituation is this: First-In only gressman, lingers on. That is
three of 18 counties are Jess than being replaced. he says by the
15 per cent of the adult Negroes "aura or Bobby and Jack.
registered. Fourth - two of 15
counties. Sixth-four of 16. Eigh th
-two of 20. Tenth- four of 17.
In Atlanta i Fifth District) and
t'.,,e two north Georgia Districts
1Seventh and Ninth ) there are no
counties in which less than 15 per
ceni or the Negroes are registered.
The Georgia situation compares


~: J ~g;t : c n;i.aw~:~i~.


the countryi,had reached lhe fever
pitch of today.
Part of that bill would allow
the federal government to go irlto
counties where fewer tha n 15 per
cent of the adult Negroes were
rcgisterecl to vote and put them
on voting rolls.
n
143.215.248.55O~t:~S.t~n8 ~ 1:~~mo~hf~el~U


I~~


less than 15 per cent of the Ne~roes registered to vote in half
�I Remedy Agains
Businesses Without PubliC
ommodatio Bill-Marshall .
Fo~#
Marsha's[ .ATJp~als
Passage Of R ights Bil~\~ ·
By JOHN· HERBERS
(United Press International)
\ ·.,
.
WASHINGTON .... (UPI) - Burke Marshall, the government'~
top civil rights trou'ble-shooter, said Monday that Pre sid e nt "Ken~
nedy's proposed public accommodations law could have a v~rfed
racial strife. in Birm ingham, Ala ., this ye r.
He toid the S enate Commerce
Committee that Negroes Btllged
protest demonstrations against discrimination In busin ess establish men ts because there was no legal
remedy, no action the government
could take to filld it.
Marshall, assistant attorney genPl'al in c11urge of ithP Justice De~
par tmen t's Civil Righ ts Division,
a ppealed for passa,ge of th e pr oposed la w to ba.n racial discrlmina.
tion in ·su ~h places as hotels and
restaurants. During h is testimony,
.1- •
h e 8/lso:
- Questioried the accuracy of a
published report that managers of
the Social Security and Veterans
Administra,tlon of-fices in San An~
tonio, Te;,c., had been ordered .by
Washington ito give)ob preferenc~,i;
to Negroes. The r eport was cited bY
Sen. Strom Thurmond, D-S.C.,
chief committee foe of th e proposed · public' oocommodations :·law. ·
Marshall s11,id he did not beileve
any government. official . had -,lssuitd
such a. directive but would : lqolt
Into it.
·
.. ·
·'
- T estitied th ait a•aclal .dlscrlin-
inatlon in pub!L~ estia:blishmel}ts
cannot be wiped out by -persuas\Ci(l·
alone. He said . this approa!!h' has
resul•t ed in some success but th1lt
it h as i UmitaUons.
Sen.- :fll.18'fir.; coftt, R-Pa,, ,,aske~·
Marsl!l&ll lf:11~ cOtlTd l\!We · US!ld tp.e
proposed .., blic accommoda,tlo~s
law in Birml.ng.h am, site of protest
demon
bns in May.
, ·, ··
Marshall replied th at "th e d~monstrations would not h81Ve ha,d -to
take place." The problem in Blrmin<>ham &Rd 11aawll1Fe, he ,sa:ld,
was Vhat ~ )eglll re.
medy. The
, he saij ,
was voluntaTy
tlon. · .
When Birmingh am -business Pf'l,•
pr ietors "agreed to take voluntq,ey
action, that ended the demonstra•
tions," h e com:luded.
. ·_;'.:: ' :
Scott said' ·that up to a w~~
fore the President sent h1s ·cMl
rights vequesta' to J ess,. 't)1e
Justice;.Department wo. tellin,g -set'lia,tons that "persua n ~
tl}_ei
job" and that I
t orltt 'waf>
O
u ~.
Tl~e
, ed
·~ : ·
epu , n sen~tor sugges't·.:
h a,ccommoda:itons,· la\¥·
s
ed. in
•first ye'a of
e Kenne
ministration , ~shal
· led that it also was!lle~q-,
e "In 1960, In 1969, r eal,ly · s oce
I 1861" - a year tha,t saw "sit.ins"
I in uoul'sville, Ky.
·
1
1
�Rusk
InPu for
Civil Rights 1\ '
W ASHINGT'ON -
Sen. Ja cob tK. J a<vits, New York --==~~------Re,pubHoo.n who 1'upports the administratiQn program said the sec.
tion should even cover "Mrs. Murphy's" rooming house, iwhich Atty.
Gen. Robert F. Kennedy has already indicated willingness to exempt.
Marshall and J avits testified before the sena,te Commerce Committee on the ramifications blll to
end segregation in private businesses which cater bo the -public.
· Marshall was questioned partk ula,Jy on whether the 14t h Amendment to the Constit ution could be
used as Lhe basis for
public a ccommodaLio11s law, wHhol,t Vilso involving Lh e federal powel\~l,o re U·
la te iptersLate conune11::&:! hc admi11ist11ion proposes.
'
Tl1a
1inisLra tion cit
righ l,I;;
expe t eplied that h o l.l rdH, IJotll
wcr 1:Mded. He said a,4aff;)c based
on U{e · 14th 1Amendnilt\l a lone
might be declared unconlJiltt1Lio11al
and a lso would not ",cover everyW1ing."
<UPD ~ Sec-
- - - -7
1
SCHOOL BILL CLEAR ED
Other
congressional
develop.
ments :
- A House education subcommit tee headed by R ep. J,ohn H.
Dent, D- Pa., clea.red t he way for
possible action Wednesday on a blll
which would forbid racial segregation In schools . receiving aid under
five federal programs p aying ou t
more tha n $500 million a year.
- Welf re Under --e: retary I va n
A. NesLingen urged a House labor
subcommittee to approve expansion
of the ma npower training progT M 11 to provide subsisten::e payments t,o unemployed illiLera tes
Y.:hUe they lea rn LO rea d a nd write.
He said many or Lhe illiterate
were Negroes.
Marshall a ppeared for the second
day
fo,e the committee hcl'ded
IJy Sen. Wa ri-en Magnuson, DW ash ., Sen. Strom Thurmond, DSAIJ, who continued his sh rp
qu ·tionlng of a dministration wit n Qlll8es, cut Lh e hearing off a t noon
b
v
g the rule ag!titast comtln ;s while the Sena Lc
is --t111""1a110n .
Thurmond charged
public a x ommo atlons bi

-
r,
.. . . . ,
t thr>
would
e.,
turn private ,b usinesses Into "pub.
lie ut111tiei;."
Marshall countered
already 1s hl y re
wages ahd h
s to
pack.ag$Dg-an this ·
sistent ith private o
Thurnibnd said he ag
gone a long way towa rd
state. Do you believe
vernment should have done
-llhese
things?"
"Yes, senator," Marshall replied.
He sa id Lh a t if congress f a il& to
enacl, civil ri o-Jl · · )('l·d sla Lion , "que tions would inc\'it':ibly a rise in
ma ny par ts or t he world as to the
real con viction s of t!1e American
people."
nusk wns commended by both
R :•;:>u b!iJans and Democrr1 ts on t.he
ccmmittee for his testimony. A s h e
left t he witness s ta nd. he was RJ)plauded by a,p;:>roxima tely 3 5 o
spectawr:;.
Tl_m rmond. who h ad peppered
Ru.sk with questions durin 7 the session , demanded th a t Lile ovation
be ha lted. Thurmond ch ar d th t ·
the a udience was packed wttti {'i\·i'
ri,J h ts ndvocates a nd "left lngrrs
tr,vin;:: to pressure c on.,;
into
pasi;ing "an unconstitutlon
eh'il
r\,ht.s bi:I. T here were t.he other
developmen ts on t he adml111.itr11tion 's civil righ ts proposals :
- Cha iP-na n Ema nuel
Y.. c f the Howse J udieia
tee announced a '.'speed
for ts to c0miiletc com .
s idcratio cf the Jq i~la
a~e. n~ nnounccd ' t hat
ncsses 1Vl\11ting to te tify
5t submit t110il· reques ts by ~ aturda .
Ccller a lso sa id ;10 ll'Ould hold
ni,rh t sessions if ner.:css;ir,v to ex pedite con sideration of the meas.
ure.
- The House Educ lion nnd
c cmmittec a pproved In rln ·llll
oil! ·wh ich would set up a fcdf'r a1
fa ir employment practices commission with s trong powPr t o Ol'der
an end to racia l discrimina tion in
private indqstr~'. Tho way was
c lc1\l't'd tor fjnal apl)rpva l Thur ·.
h UI the l;to e
roup reda,v
t it
a l by
-Mich ,
- Tl
~llil~IH&lfl'II
il t;
subcc
the
su'.J;:om,nit ee
the
U. S. Civil R' for
a noLher four ye
goe5 to W1e f ull Sen te
dietary
Committee h e ded by Sen. J ames
O. EasUand. D-M1ss. T he .J ud iciary
C;immiLtee will open hearings Tuesday on the omnibus civil rights
,Pl'C.Jra m.
I
'
..
�Othe rs Have Rignts, loo
w 5 -
? - r
We ~ sympathetic with the desire of the Negro race In America to obtain the full civil ,
educational and economic rights to which they
are entitled under the U.S. Constitution , alt hough the bellicose attitude s hown recently
by some Negro leaders makes us doubt their
wisdom and self-control.
But we ;ire emphatically opposed to that part
of Presiaent Kennedy's" civil rights" program
in Congress that would force a man in private
business to serve customers against his will.
This attitude is based on legal and moral princ iples whic h woul d hol d true eve n if th e ques tion of race were not involved.
In the various discussions of this issue which
·we have read recently we havefoundnowherea
point which seems vital to us -- the difference
between a public utility and a purely private
business. Yet It is one that is clearly recognized in law.
When a city , a county or a state enfranchises
a public utility such as telephones, electricity,
gas or transportation it is usually granted a monopoly. In return, it agrees to serve any person who can pay for its services. T he r eas on
for this is obvious : if it did not do s o the ci tizen could not obtain the service anywhere else .
He would be fo r ced to do without a necessity
of life.
In like manner it can be a rgued with some
plausibility that any citizen, particularly any
tax- payer, is entitled_ to any services offered
by the Feder
state, county or city governments .
But a private ~
such as a restaurant,
hotel, tllea
or arber shop falls in ~either
category. It is not a public utility wit h a monopoly franchise, nor is it a public ins titution.
Private businesses of the type na med are many
-Z-·
in number and operate in keen competition with
each other. In Atlanta and JDQI! ities hundreds of them are operat~
groes for
Negroes. It is only logical and r ight that 0thers are operated by white persons for an exelusively white patronage. (As a matter of fact,
many s uch bus ine ss es wi li not adm it white pat ro11 s whom th c·y cons ide r un desi r ab le).
lf the owner of such an establishment agrees
voluntarily to accept Negro business -- as many
in ,\ t I a II r a r ece mly h a v c: ,; one ~- he has a
pe rfec t r i·,hr to do s o. Th ar i'l a vc- , :, ii -rnr t
thing from being coerced into doing it ·by the
power of the Federal Government. But those
who do not care for Negro business are not
depriving a citizen of some needed service.
There. are many other places where he can obtain it.
The air is filled these days with cries of
"minority rights". But what about '• majority
rights", including the right of any citizen to
establi sh a legal bus iness Jnd corid ucr it as he
sees fit, so long as he operates it honestly and
within the law?
This right is so fundamental to the American
s ys tem of free enterprise that wedonot believe
Congres s will abr idge it.
Senator Richar d B. Russell of Geor gia and
other Southern senator s already have made i
clear that they will conduct a" last- ditch" fili buster to pr event passage of this part of the
Kenned " ·v ·1 rights" prof"Jm.
will not be .Q8JMIH '3.
are many men ln both the House
m all p~
9q t
ited States
and
who v ill recognize the ser ........, ..... ., of the Administration's attack on what has been a car dinal point of American freedom.
NTA CONSTITUTION, Frid ay, July 12, 1963
adge Sees Rights Terror
Constitution WashinJt"!on Burea u
WASHINGTON-There would be
"terror throughout the land" if
President John F. Kennedy 's civil
rights bill became law, Sen. Herman Talmadge said in a radio
interview Thursday night.
have federal voting registration
referees appointed and give the
President power to withhold federal funds from government programs under which segregation
was practiced.
The senator also pred icted that
"It would take troops all over Congre s would pass very little
America lo en for c e this," the other legislation this year. J\t one
Georgian said.
point he said, "it is doubtful that
action on the tax bill can be comBut he said he didn't helieve the pleted this year."
Senate would ' 'approve this bill
in its present form."
Later in the interview (on CBS
Capital Cloakroom l Talmadge
Talmadge hit hardest at the seemed to indicate he felt the tax
three principal sections of the bill had a chance.
seven-section bill. He scored those
part.I that would
ire desegre"I suspect that outsde the field
gc1ti
busine es, of civil rights and taxes, the apepartrncnt to propriations bill will be about ""
allow the Ju
only m ajor Jegisla
resul t," he said.
th
will
The Presi dent an d his legislative leaders have said the tax bill
shares " uppermost" legislative
priority wi th civil rights.
Asked to predict how Jl'resldent
Kennedy would run i tile 1964
elections, Talmadge
I
He
said it was too far
Asked if Pre
ly's
apparent loss of
the
South meant Sen
rlwater of Ariwna
n up
str
h, Talm a e ~aid he did
not
lieve the President's loss
' 'had been translated into a particular party or any particular
C
date. '
I'
�Clo
(!
7/r2J
About Mrs. Murphy's Boar<ling House
Atty. Gen. Robert Kennedy fa ces two prob·
]ems in promoting a Jaw against racial discrimination in public accommodations. One is
to define the businesess ter which the Jaw would
apply. The other is to get the bill passed in any
form.
The attorney general has made it clear that
he does not want the law to apply to small
places such as "Mrs. Mur phy's boarding
house." Yet he objects to a dollar cut-off for
affected businesses because it would not be
right, and m ight not be constitutional, to tell
large businesses they could not discriminate
while small businesses could.
Per haps he best solution is to leave Mrs.
Murphy and the small business distinction out
of it, and hinge- the application of the law on
businesses "substantially" engaged in interstate
commerce. That is what the administration originally proposed, and if the formula seems
vague, at least it is one with which the courts
have been able to deal in federa l regulations
applying f, om everything from labor c ses to
oleomargarine.
In view of some of the Republican as well as
Southern criticism of the proposal , this is the
most controversial part of the admin istralion
program. To Negroes it is one of the most important ; Roy Wilkins, executive secretary of the
National Association for the Adva ncement of
Colored P eople, says, " The public accommodations problem is the one that irritates Negroes
from morning to night."
Yet the Chicago convention of the NAACP ,
though commending tJhe Kennedy program , calls
it " inadequate" and seeks, in addition, a national fair employment law and power for the
attorney general to sue in behalf of all ci vil
·eQtQ ~I ·the
rights. Desirable as these
NAACP might be better adv-is 110~ to ntentrate its efforts on saving the public acco
odations plan. To seek , Ijlfr 1,11ore 1fP.P.lnYii¥1,Congress could result in dumpingn ~ h!ll63•1!;1ghts
program into Mrs. Murphy's cltcJwtl~:._sT.
LOUIS P OST-DISP ATCH.
SENATORS STUD
NEW RIGHTS MOYE
gists and other small merchants.
"That's at least as much interf:rence with 'private property as restriction against
'
racial
discrimina tion,"
this
Democrat said. " A retailer buys
the product and then is told
Continued From Page 1, Col. 2 how much he must sell it for."
the floor bl mid-summer have
been abandoned.
co~iti :~
~ : ~~fd t~:
fort to repeal the 4, per cent
credit on taxes that corporation
stockholders pay on dividend income. A compromise version
may P'.15S, although committee
Republicans are unanimous!~
proposal Is a novel or ta~-re!l-c~Druggists But No Negroes
and strongly -in fayor of ret aining use of the Constitution s "The difference is politics," Ing the e xistlng credit .
commerce clause.
he said. "These Senators have
Find No Legal Novelty
drn"ggists in their states but no
This _ fee ling has been ex- Negroes."
pressed particularly by Republl- The Commerce Committee wil
cans. Legal experts say t here ls go Into Its third week of hearnothing to it as a mat ter of ings t his week on t he public
constitutional law - Congress, accommodations section of the
in its exercise of t he commerce Administration's omnibus civil
power, has often gone as far as rights bill. Among the witnesses
the Kennedy bill goes. Neverthe- wilt be more Southern Goverless, the feeling remains.
nors.
Those thinking about the The House Judiciary CommitTrade Commission Act as a tee will continue Its par'AUel
basis for the new leglslat,lon hearings on all sections of the
say that it would be difficult to legislation. A third set of heardenounce as a legal novelty a n ings will begin before the Sen' approach first used by Congress a te Judiciary Committee, on a ll
I in 1914.
but the public accommodations
Of course, underlying policy section of the bill.
objection, on the part of some The Senate Judiciary proceedWAk INGTON, J uly 14 - commerce, are hereby declared
non-Southern Sena tors would ings should be Interesting be•
doubtles1 remain, But at least cause of Southern dominance on
Members of the Senate Com- unlawful."
they would not be confused by that committee. The chairman ts
merce Committee are consider- The approach being discussed
legalistic arguments that the Senator James 0 , Eastland,
ing a new approa ch to meet would start with tha t la nguage.
Southern opponents of the bill Democrat of Mississippi. He has
legal and political objections to Then Cong ress would specificalwould exploit, proponents of t)tls never let a civil rights bill out
the Administration's civil rights ly define as one "unfa ir pracapproach say.
of his committee, and no one
It will be difficult to get sup- expects him to start now.
bill.
tice" the refusa l of any enterpor t to~ the ban on se_g rega tion
Tax Talk wm Reswne
The idea is to tie the measure prise in interstate commerce to
in pubhc accommodations from
s
. .
.
to the language of long-existing sell its products or deal with
a number of oon,1ervative North- Nevertheless, Adrmmstration
statutes regulating business customers on account of race.
erners, especially Middle West- wit nesses will have t_o go
em Republicans. Their position through their paces agam . bepractices. This would indica te This would be an approach enis based on political and philo- fore t he full Senate Judiciary
tha t Cong ress was fo llowing a tirely fam iliar to lawyers. The
sophical views, no t legal a.rgu- membership. The fi rst witwell-established pa th in using courts have long since estabments.
ness will be Attorney Gen~ral
its
power over commerce to end lished that a concerted refusal
One Democratic supporter of Robert F. Kennedy.
racial discrimina tion in commer- to deal is one of the "unfair
the bill obae"ed today that some The other major Congressioncial establishments.
pra tices" condemned by the
Mlddle Western Republicans al activity of the week will ·b e
who WOUid probably oppose it a resumption of tax delibera, One statute that committee Trade Commission Act and 0thof the so•called tions by the
se Ways and
staff members and Senators er antitrus t laws.
lzation Bill. This the floor by
ummer hav
have in m ;,nd is the Federal The reason for tying the pub
d allow naUonal Means Commttt
Tra de Commission Act of 1914. lie accoanm
ill to existg by manutac- There has b
a recess o~
1ld be
Section 5 of t he act begins as ing statu
ed goods.
more than three weeks In thll
g bill ta now be- Ways and Means group's efforti
bas!~
a
fo llows:
fore tli,. .. ,..,.,.,._erce Committee. to write tax-reform and tax
tra ion
"Unfair methods of competi· ,concern t1i
It has behtnd 1t strong lobbying reduction legislation. Earlie
tion in commerce, and unfair or
8Upport, eepeclally from drur• predictions of & bill's reachin
dece tive acts or practices in Continued on Page 16, Column 4,
Studies Add},ting Language· of Existing
Commerce Statutes- New Approach
Aims{ t Meeting Legal Objections
1II
~!,16:31, 29 December 2017 (EST)-~~= '11 y{J,ttfe
1
I
�NEGRORALLY SEEN Civil Rights i n
AS TH_
W~T TO BILL Despite Its Efforts to Help Mi
Celler s ~ rtbapital March
Coul~
c ,
<>J1
,•
Rights Votes
s,
New/ York Is Uncle~ Gr.o;fug f?ressure
tf\ \ \"-
By CLAYTON KNOWLES
-11 i~
No city government In t he !em Hospital annex ; construeThe
posed march on Wash- country has exceeded New tion has been halted for weeks
ington by Negro. demonst rators York's In efforts to be sympa- on just this issue.
slated for Aug. 28 might cause thetic a nd helpful on the !?rob- The application . of a Negro
.
.
. !ems of Negroes, Puerto Ricans couple to have their son trans
ferred to a hjgh school out of
uncommitted legisl~tors , to. t~r~ and other minorities.
against the President s civil In spite of this record, the his neighb.Prhood was denied by
bill, Representative Emanuel Wagner administration is beset school authorities, who later
L. Celler, chairman of the on all sides with r ising demands reversed themselves on the
House Judiciary committee de- to do even more to assure basis of a medical report show'
e qua Ii t y. These ing the boy had bronchial asthpressures, capped ma. It was said the boy._ would
clared yesterd ay.
News
by many demon- be Jess subject to emotional
The Brooklyn Democrat appeared on "Direc Line," an Analysis strations, fo cus on stress in a school with fewer
furthering integra- Negroes.
NBC television program.
Mr Celler said the demontion in the schools, With t he Mayor away, charges
t tlo would not affect his opening jobs-;-part_icularly in of disc~imination made a_gainst
8 ra
n
the construction field-sharp- Deputy Commerce Commissionown vote fo_r the measur_e. How- ening civil rights m achin_ery er Anne M. Kelly were ordered
ever, he said he hoped mtegra- and winning more policy-mak- heard by a retlr~d Federal
tion leaders would recognize Ing posts in government.
judge. When the Mayor rethat there were neutrals in Demonstrations have .been turned, the order was counterCongress who resented what sponsored . by
organizations manded and the case was _tu:n·
they consider "pressure, bludg- ranging from long-established ed over to the City Commission
eoning and coercion."
,
groups such as the Na tional on Human Rights.
In effect, he continued, the Associa tion for the Advance- A call for an overhaul and
demonstration might actually ment of Colored People and the strengtheni!).g _of the City
cause the loss of favora,ble Urban League, which had be- Commission on Human Rights
votes.
come almost sedate in their came shortly a fter its staff was
For example, he said, one march forward, to newer, cut and the remaining employes
Western Sena tor has told him, brasher groups like . the Con- were given raises.
"I'm for civil rights - but if gress of Racial Equality.
Council President P aul R.
t hey stage it [the march] I'm The emergence of CORE, Screvane has proposed barring
going to vote a gainst it ]the with its aggressive leadership, the investment of city pension
bill].
meant from the outset to the in- funds, totaling more than
Mr. Celler said . he hoped fo rmed t ha t the N.A.A.C.P. a nd $3,400,000,000 in securities of
"better counsel w ill prevail" to the Urban League would companies that practice discause t he leaders to reconsider "either be pushed into the back- crimination. Both the Mayor
holding the march.
ground or be pushed to t he and Controller Abraham D.
forefront ." Developments took Beame, concede the goal is
Riot Is Feared
the second course.
Jaudables but they question
WASHINGTO~ July 14 (AP)
Caught by Sur prise
whether t he PI"?posal ls admin.
istratively feasible.
Representative J ames A. The Wagner administ ration The one steady hand at the
H aley expressed concern today was caught by sur prise. It had tiller amid this uncertainty and
t hat the march on Washington felt secure because its recor(\ confusion seems t o be t ha t of
"could be the spark whic was goo~ and because year aft- the Mayor. A first-generation
could touch off an ugly, blood- ~r year it had the overwhelm- American, M r. Wagner identilet ting riot accompanied per- mg support of Negroes and fies with minorities both in
haps by klllblgs "
Puerto Ricans at t he polls.
their problems and in their
·
The fee ling was t hat_ it aspirations.
couldn't happen here. I n Birmingham, yes, 'but not here.
Mayor Has Guided City
But it did happen here, and More than any Individual, he
the administration, st unned at has sha ped the city's approach 1
first, is still floundering.
to civil rights Issues whether it
P icketing used to be sharply was striking at discrimination
restricted at City Hall and else- in housing through the pioneerwhere_wh~ther unions, taxpa)'. er Ing Sharkey-Brown-Isaacs Act
or mmor1ty groups were m- or seeking to open job opporvolved. Many had to be content tunities in city government for
with marching within barri- Negroes and Puerto Ricans.
cades around the park outside The excesses ot some of
City Hall Plaza.
the demonstrations may have
Yet for nearly a . w~ek_ n~w aliena ted support for the minorthere has been a sit-m mside ity cause W1110ng both whites
City Hall, at the very ga t~ to and Negroes. Yet the Mayor's
the Mayor's executive off1c~s. calm, deliberate app roach, while
The demonstratQUS brought p1l- suggestive to some of coddling,
lows, blankets, r'l"IU!los-even a has averted tragic Incidents and
guitar-and th : sit-in has gone clashes that often a ttend racial
unrest .
on around the lock.
When it
, n, even the Administratively, it ls a
Mayor was
en; he entered headache for Mr. Wagner.
City Hall
Ide door.
P olitically 1 could be an
An a cti
el set up by the asset when P
ent Kennedy,
ll steps to get viewed by Ne
as "sta.ndln
Mayor pr
more job
t construction 10 feet high oa
n rights "
field fo r q
Neg11oes and looks for a New Y
runni~g
P uerto Ri
• But work has mate for the Senate
th a re
yet to be re urned on toe Har- cord that backs ms views.
�·wo1tieri:, ;~9,.:d,ets -~~e81iligaug, ' [~ft1=t.~ ~~
o:~,.·.e:~}f8t.R.ights:·- SijtJP.dtt~,1itb ttr143.215.248.55 16:31, 29 December 2017 (EST);5
•- -
.. - _
-- - ~ - · -· _ ,
,.
1
w ~ f3HIN0:f'ON, - .' (Ni.NP:&). ' -;-· le~dershlp trailiing courses fo1· W O~
. In _hls '.at~empL la'i!t..Tl!~ da y to en- men of ·air r aee/i. ·
., . .
list ,- . t.11e; 1.J.Ppor!i~ o1i ·" ti~ ..n aJtiilin 's · 3; Take an acti,ve .. p:rr 4 -in gettl.fag
w.onien,.. i11 ; u1e_ cpxre1jt_ civil ' ri,~hts ' sc!1001 dl'6pouts 1?.a~k on tfie' dass~
, .

.-



!levels, Who h~~ . a. c11i! U,. born in


-Ja tl; ·A fter-. tl!e.-¢qn fer.enc~ . wa,"? over,
·.an d th.e womf:)n ;brc;i~e J! V, urtd. small
·Among otner :women Who took
'pa.rt" lri ,'the 'white-House .confere~ce
were: ·or-.· sarah -.Ba.t eman, Mental
Hea!lth ;Sel'vice (tipa'fleston, w. va.;
Mrs:· -bollle ,, Robli1son, former !lSsis'tant 'to ,Mrs .... Peterson - and now
offieer .}n the ~Hp.tel Serv'ice· Union,
New Yo'rk:; '-Mrs:. '.Harriet r: Pickens,
-New YOr.k • cori:un,ission . on ·Human
.Ri:ghts; ..·
.
. , Mrs. Patricia Hatris,:· assistant to
Mrs. Peterson; Mrs. Maida · springer; ,.' AFL.JCIO,. · Washingto·n ; Dr . .
Jean,-~ Noble, · , n'atiolla$ : ipresident,
Delta , s,igma Theta : sorority, New
York; ,M rs. · ,Chrlst'ine ,aa,y Davis,
·staff d rnector;. lfolise · committee on
Oovernment · operations, washlngton; · Mts: ' Ethel l>aY,ne Women's'
Division-; Democratic·National comm:ittee. ' ' . . . . .
.
.
.
.
Mr:s. 'Julia ,Porter, Girls Friendly
society; - . Mr~. , Mable Staupers,
. wasllington, . D. ,P.; Mrs. Velma
McEiven Strode, ,. Wasbington Ur.
. bah . League; .Mrli 'V
Welcome,
, B~ltimore, Md.·
e Whick·ham, . .pcesiden ,
l Beauty
-Culturi:;ts .Le
· Orle~ns.
·
~ro~ps,_ ahe_ e:·.•? re.s:;ed' 'cri ~i(,ltl collt1gbt; ~res1dfnt K erm.ecty ·_ran , mto roon1 ' regJ{lter . .. , .
.· .
cc1:n. over . a nqntber -pf_ ~ [· Ken.
0
sgme• .fme. sil})PO'tl .a.n,d. .sbm~ unex: ·. 4: Take .ttie · lead in setting u p. 111::.~y;s pohcle;; ,and · ac tions:.
pectea · opposition.
·· ·
, . . -bi:..r,ac1al .and hmnan relations proHer· vi~~v,s ~oitJcided witj1 _tlmse of
T h -e • Ch!ef,. - Executive' invited . "'l'ams· t1iat !WOUid lea d to .' closer Mrs. 'G ;0ria Rich ardson . a leader in
a.bout 300 ieaders . of a bout l oo· ~01iununlcaMon- between·· responsible . the _ rec~nt . . clen'lonstr;HiQlla
at
wom e'.n's organ iza;tlons to ·~ eet ·:wi~h · ·white and Negro .-m en~bers of the. ' c a.in)J~ido;;_e, ..Md . 13.J.tb ,__iwo1~e11 Joinhim in the Ea.st Room of -the White·, various cbmmtmi.tles'. .
, , : · ed b.v .ot her . colored.. lqadets · 1 their
Hoµ s~. .
.
. .. . _
.. 5. Drop the color bar: in all' -WO-. out~po~en a ppraisal o'f the ac~om, •Collectively, they held a' direct , men's· or,g an'!zations. .
, , Pli?lui:ients pJ _p1¢. N_e~~ 'F copt1er.
·Jine to the ears' o.r a/bout 50 million.
At one• point, .Mr. Kennedy asked
Th e,y were . •espe_cial}y .c:rft,lcal of
. woinen, {iinc~ : t ~e maffr.!ty 'l'epi:e- _the wc,;n ei:i, ':exp_:ress their fe eli ngs ! l'le. work ,of :some ?{ ~{.1 K~1:medy's
sentEd orgamza.t1.9_n s' with, ,100,000 0r . fr axfkly ab.a 'freel y:
.i;olore~; ,a dv ~e.rlj; s~rng, ~h._!l,_
t some
more _J'1'embers.
'
· _: :
. . · , Mt;s. D1iu1e · ~ asl1 aevels. oJ At- : wer.e unre:adl~~bTe.,_ ,_whll~ . ?ther~
Th~ . m½anizations, · r a,i:!,ge.U.· ;frq1Ji° 13:pta;, Ga., who repi:e&.~ntl,'l d . t hel_ ·1 ;~J.'..O. no t--~'.i n , W-r:i~ _wltt-i,:~ ..times.
the National · 'Associ~Uon ,~or;. tlie southern . Christian · Leader..sh ip · · ,:MJ's. · ~ibliardson .,.:t~·1ou,gl_rt the
. Advauce*1$it . of Colore.ct ·e .c:o.ple' to corif'erence, told tq.e -P.re.si~ent: "It' .:r,nep.tin,i _it_S!;!lf, w~
. I~ ·nd~_·,,p~.r.tl!!~lar1y
the Unit
i;>aughters of t he · boq. . ls dlfficult to pli.rt'ic1pate ·0~1 bi •.~ .w~rLhwh1)e::, ~ -s, .co _r-lJ,ce: :iJa,imlton,
federa~
~ •; : ' r acial committees when·. ,Y.OU ~must ·of _A'tlant~·,, s~1ct · ~I)~ ·su1?Je!!t ·.~f the
FIVE
PROGRA ~ , .. , .,. · ·, demt>I}strate :and go tb 'j,;iil .. , t,' l
~ eet.11~g ;wa~ an lm-P~r ta? ~ one, but
Mr.
dy urged t))e. ,yom~n !,o . Ehe' asked ¥,r. Kemiedy Lf, , he · i\'l'l:Jett; ·a t1t tle; l~.te. . ; ;, ' , ,
adopt
~e - point, prggr-a.Di i n . h'aif i•any &Uggestions for us , ln: _t11e . ' ', DO. ltOSl\ J:i. G'Il.Aq.G ,
.
which .
would :
'
·t 1 -i
deep, south? would , you come ~o , ' · DJ: .. Rosa L. Gragg, . of ;n>etr01t,
1. , S\lpPOrt the· Miministration's Miss~iRDl
d t alk to· Negro lead- . presiden't· of · the _. ·IQO,OO0; m~mber
civH r,igh ts program. -especially'. th at ers tqer@'t~ ·
·
·
Na tional Association of 'Colored
, · · Wpmen's . Ch.rb,. stqod • .oti~.,almost
,p art of it .. that would open public' PROGIUiMJ "SHOT".i>0\'\1N"
places st{cb , as hotel~. -theat~11s; · Tl'ie PtWident· ci.ict ·not answcr ' b er .aloqe _among ·Ne~r.o womi l,l }~1 ,her I
rest!l,U~a.nts and stores ~o all '. citi: qtiesLidlii'!JbfW'·he ', dr ew ·smi'les . \vhcn -enthusiastic, eupport of ..}9-e conzens r ~gardless of ra ce; ,ci:eed qr,_. ..he- rep~ & his ,'prog·ra m . i:11't hc • :f-ere\~c~-: · : · ·., • 1 · • •
~ . •
,
color.
. , . ·.
··
·


· s outh .


~ ii .slfot down ", ;esa. ., Sq~ said . tJ1ce Pr e;;1de1~t Ita.d : give~ .
4
• · ', ,





,
• eciaJl :JSll'!lltflll!s'lsslppi • ,w here "we
"th is country , 1.ea~r tp that h as
· 2. ,$tippor-t the esta'bJ.:~hme ot or' Ph
Y
t _,0 •,,
, · .. p aver ,been ,g· iven . r,;,·0 e
e . days
ave a 1o
o ,, . .
"tt;,1
·.
·

·· ,
or' L incoln ?' , ' .
.._.._ • - , : .
·. ;1It h'a
n r,11{.o m v1sl6ns; or
· •. • · '· ' · • """a •·
.
ha t i t
troops 1 . two· cJ~ail?s, ~ ~ncr ,a'·. good · ,'Df. G ~~,gg ·told , _r - ~
maI~Y. wofind e(J to get ·one .student •was she , whp qrst u'll., ....
Ken· mto .tlle :(jniv.i'!rs ity of Mississippi. : rt.e dy a tlrlng Ills June :22 conference
There · a;e still 400 .. troops there." wi-th a group of 'Negro : leaders
This an£wer did not satisfy MFs~
'.Brief rema.rks ,were imadc~. to the
to
·1·
1
1
v_
l4gai
Sanders will accept an invitation from Sen. Strom Thurmond
o give his testimony before thf:
Senate committee now considerIng the bills.
Capitol observers said his decision to testify reflects strong
sentiment in the state aga inst the
rights bills which have stirred a
storm in Washington and dead- )
A source close to the governor deadlocked many other pieces of
aid the testimony will be firmly legislation. .
~ainst the proposals "but won't His appearaat:e
be delayed
o into all the Communist, social- until late July by
attendance
It talk that other witnesses have at the Natioaat
ors Consec!. "
ference
eek and
the Nat
of County
Instead, Sanders plans to argue Officers
the following
gain.st the proposal on l egal week.
, recedents, the aide said .
Se e,al other Southern goverors pave te-.if'ied, including
' vs.
Bar
of Mis issippi
ifte
of Alabama.
d
likely will
or 29. He had
week
.. . . ... , .
.
'
. Dr. _Heh~? ~~oi'l~s •..~orth 9a~o111_13:. '9~1.le_g_e,_-~ urha-tn ,_ Mrs_. C143.215.248.55o,r1~ ,Joli_n~on, -~asn~ngt_o n _burl\&U,
N:attdol}al . Uroan I.oa~\le 1 .. Mr~.
'li!rma ,Dlxbn, Maryland . Ho'\lse of
!1.. •1""' .1 ,
.,, ,

..
j 1
tle1egates Ba1~imore ; Mrs. Mar ore
Ml!Ke'.nzle. r.;a.w;ion, municipal judge,
Washb1g tcin ; ~rs. Juanita Mltcl)ell,
attomey B a,ltlmore:
.,
'
,
·
,Mrs:· ;Esblier... LaMar'r, _Detroit ;
Mrs.' Theresa Lindsay, Las Angeles;
Mil ..Lpuls · Mar\ in,t ·w ashi~ tori :
Mr,s> Bjll1am' :McDaniel, Natlonil.1
~s.sociatlon !)t' . : <;JoUege Women,
Richriiorid, Vai.; Mrs: ;Fannie Am m.
AF.1/-010, r•Meritgemery,
Ala:
,. •
M
.'
.

'I"


~ . 
:Tht>ttia'sli:ia •· -Jo~on Nor forp, •· ~ ev/ vor~ City; -Mrs. Vel


PnUlips.: '.Will\'~; · Wis.; Mrs.
m .ith:· . J ~ So
er
Beauty
.:()1!18\le. .. ~
.
.: Mrs.
i{-elsey 'Beabears, st. Joseph, Mo.;
m s; . 'Edlth _ Sampson; municipal
jurl,.!fe, ·Qm cago; -M • ·Jeanne Dol-
a:i;;.,'Qn ~agQ1 Chica-go,.
·
�W I ace Asserts He'
lgnn,11A1rrl( ights Laws \b
WASHINGTON, July 16 (AP lexchange with Hart. which even
Gov. George C. Wallace of Ala- got into the question of wheU1er
bama declared Tuesday he would Heaven wil l be segregated.
make no effoti to help enforce a
federal public accommodations
la w nor would he encow·age compliance with it in his state.
"I would just go ahead and he
the governor of Alaba ma and let
the federal folk s t1y to enforce
it," Wallace told the Senate Commerce Committee.
In that connection the governo,
restated his view it would take
an a rmy of federal agents or
troops to enforce a Law opening
restaurants, motels and theaters
.
and other places of bu mess to
racial integr ation.
· Wallace retw11ed to the committee to complete the fiery testimony against President Kennedy's bill which he began Mon. day.
MEANWHILE, Atty. Gen. Robert F . Kennedy's appearance be-
fore the Senate Judiciary Com-
THE GOVERi OR had coneluded a lengthy friendl y questioning by Sen. Strom Thunnond.
D-S.C., with the as ertion U1at
he bore no hatred for 1eg:·oe
or anyone. that he believed_ in
Goel, and tried to fol1ow relig ious
teachings.
Har t, a member of both U,e
Commerce a nd Judiciary committees, said th at since Wallace
ha~ introduced this "solemn note"
into the proceedings, he would
like Lo ask, "W~at you _think
Heaven t \dv~!, be Like, · will it be
segrega e .
. Wallace answered that " f don't
think any of us knows what
Heaven will be like. " He went
on to say " God made us all, he
made you and me white. and he
rna,~e others black. He segregated
us.
Ha rt said he would nol pursue
it furth er except to comment that
he presumed "We would all be
one family in heaven under one
loving Father. "
mittee on the President' overall c ivil rights program was deferred until Wec,mesday.
That
committee
will be Robert Kennedy's third
d each of
round at the capitol in the civil
rights fight-and undoubtedly the
toughest in view f the weight of
Southern mem
ip on the committee.
necessary.
After a rri ving at the packed
He called U1e legislation ··as
hearing room. Ke nedy was told
by Chairman Jam 0. Ea tland,
D-Mis.. , that h n\· L as well return to his
Departm€nl
office s ince a
f cornm;ttee members
ing statements to make
Eastland is on ol the trongest
foes the whole administration
ci, ii rights package bas on Capi- I
to! Hill.
Sen. Sam J . Ervin Jr., ·D- .C.,
said it would take him about an
hour to read his statement even
I
if he hurried through il.
Sen. Philip A. Hart. D-Mich., a
sponsor of the administration program. said he would withdraw a
statement he intended to make, in
\'iew of ,, hat he called w·gency
or aq.ing on the legi lation.
HART SATD that in hi judgment the nation had come '"closer '
to dis,, ter in Birmingham than
in Cuba.
Another supporter of the bill,
Sen Ed\\ard V. Long, D-Mo., said
he ,,ould put his stutement in the
record. hut hnth Sen·. E,·ereit 1\1.
Oi1 k en .R-III .. and Kennet-h B.
Kea.Ii
. .. said they had
bJie[
ts they wanted to
ma
Jt
nedy would not ha, e a chance
to testify before the Senate met
at noon and unle ·. an c. C'Cij.lion
lo tlw rule~ is grc1nl.ed, committees nH.t\' 11111 • it after tl1c1t
\\ 1lla<'e s <il•elarntion he wo11ld
1101 he l t nfnrc:e ,, public· aceommod.it1
I
<luring an
drastic and indefensible a proposal as has ever been ubmitted
to this Congre s."
Much of Ervin· critici ·m was
direot-ed al the public accommod lion prov.i).,ion,
·hich the
Comrnerce'°'·t'~~fM!)i;, dealing
as a separate ~ r e . Ervin
said it is "condernnaf by its ma.nlfest unconstitutionality."
Ervin a lso argued that liberty
is being destroyed in a drive for
equality and that " the rights of
all are being sacrificed for the
special rights of a few. "
Long, iJ1 the tatement he put
in the record, contended on U1e
other hand that the propo. ed Legislation does not eek. to create
a ny right that does not already
exist.
w~
practi
danger f

ng said
the civil rights bill "merely seeks
way and mean to help make the
guarantees of our onstitution, the
law of the land, a reality for al\.
AJnericans. "
j.,_-~------------I

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