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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.

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�************* 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.

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�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

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�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

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�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-

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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.

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�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.

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�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.

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�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

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�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.

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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,

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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

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/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.

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�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-

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�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.

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�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

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�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-

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�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

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�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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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-

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�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

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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

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�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-

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�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

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�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

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�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.

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�·· ..'·.;,,t~

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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

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h;ll~e- '~v;;

it~h~~h~is~ ~ !!!!!--~!!!!!!!!!!!!l!!!!!_,.._ _,_1_ .

· By Walter Rugaber

Special to the Herald Tribune

swimsuit

SALE

..~~.

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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.

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"It's not only the committee room-the whole country is being packed with those damned American civil-righters." or l/' isnt '

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OFFICE MEMORANDUM

Hewla•• From ___Bill ________ _

July 31, 1963

Date _ _ _ _ _ _ _ _ _ _ __

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Tl,.,.E • LIFE• FORTUNE• SPORTS ILLUSTRATED• ARCHITECTURAL FORUM• HOUSE & HOME

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OFFICE MEMORANDUM

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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. > > « «

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'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. > >

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Chicago, J uly 26, 1963.

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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.

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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

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OFFICIAL BUSINESS

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UNITED STATES SENATE PUBLIC DOCUMENT

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Honorable Ivan All en Mayor of Atlanta Atlanta Georgia

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THE NEW YORK TIMES, SUNDAY, JULY 28, 1963.

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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

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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.

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-:-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 "

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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.

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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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oU.--k '\ ~ 88TH CONGRESS

lstSession

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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

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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

�3

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.

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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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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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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

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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

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(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-

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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

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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

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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.

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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

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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."

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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

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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

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" (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

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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.

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(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-

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(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.

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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.

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(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 .

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(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 .

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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

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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 ]

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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

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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

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$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 Cafeterias

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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'

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[ 24 ]

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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=•=

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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 • •

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THE ATLANTA CONSTITUTION For 96 Years The South's Standard Newspaper

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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.

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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.

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·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

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"',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

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I · d iy

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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-

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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

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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

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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-

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�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

�, -- -

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SenaIe i6?.fee Gels ivil .Rigb1s~ H~~rings July :16 1.

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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

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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