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Box 17, Folder 14, Complete Folder
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CIVIL
RIGHTS
AND
LEGAL
WRONGS
A critical commentary upon the President's pending "Civil Rights"
Bill of 1963, prepared and distributed by the Virginia Commission
on Constitutional Government.
*******
�*************
CIVIL
RIGHTS
AND
LEGAL
WRONGS
From the moment the President's omnibus
Civil Rights Bill was introduced in June,
the entire resources of the F ederal Government
have b een thrown behind its support.
As a consequence, many Americans
have heard only a case for the bill.
This commentary is an attempt to present
the other side.
VIRGIN IA COMMISSION O
CONSTITUTIO AL GOVER MENT
Travelers Buildi.ng, Richmond, Virginia
�CIVIL RIGHTS AND LEGAL WRONGS
T he logic is said to go something like this: All decent Americans should support good th ings. All decent Americans should oppose bad things. Racial discrimination is a bad thing. Bills to prohibit
racial discr-i mination are good things. The President's pending Civil
Rights Bill is intended to prohibit racial discrimination. Therefore,
his bill is a good th in g, and all decent Americans should support it.
If this were all there were to it-i f the problem were as simple
as A plus B, and therefore C-noth ing could be gained by further
discussion of the Presiden t's proposal. All decent Americans would
be of one mind.
But the problems that have produced this bill are not easy problems, and the bill is not a simple bill. O ne of the great distinctions of
the American system is that we try always to distinguish between
the means and the end- between the goal itself, and the wa y in
,vhich a goal is reached. Such careful distinctions need to be made
in this case.
We bel ie-ye th is bill is a very bad bill. In our vie'-'v, the mean s
here proposed are th e wrong means. T he weapons the President
woul d con trive against race prejudice are the wrong weapons. In
the name of achieving certain "rights" for one group of citizens, this
bill would impose some fa teful compu lsions on another group of
citizens. The bill may be well-inten tioned-we question no man's
motivation in supporting it- but good intentions are not enough. In
th is area, we need good la"· An d the President's bill, in our view, is
plain bad law.
That is perhaps the least that could be sa id of it. In our judgment, this bill violates the Constitution in half a dozen differen t
ways:
It would tend to destroy the States' control of their own voting
requirements.
It would stretch the Commerce C lause beyond recognition .
It wrongly would invoke the 14th Amendment.
It would undermine the most prec ious rights of property.
I
�It would raise grave questions of a citizen's right to jury trial.
The bill would open new doors to the forces of government
regimentation.
And in the end, because of the violence that would be done to
fundamental law, Americans of every race would suffer equal harm.
The emotionalism of this turbulent summer is largely responsible for the serious attention now given the bill and for the eminent
voices raised in its behalf. In a calmer climate, the bill's defects
would be readily apparent. But this is not a calm time; it is a passionate time, and dispassionate thought comes hard. What is here
proposed, in this brief pamphlet, is simply that we sit down and
reason together. Those of us who strongly oppose the bill believe our
position is sound. We should like to explain this position to you.
THE BILL ITSELF
Mr. Kennedy's omnibus Civil Rights Bill of 1963 (S. 1731 ) is
divided into seven major titles. Briefly:
• Title I relates to "voting rights." It would place ela~rate
new controls upon the States' constitutional authonty to
fix the qualifications of voters.
• Title II relates to "public accommodations." It ~,ould co~pel the owner of almost every business establishment m
the United States to serve all persons regardless of race.
• Title III, relating to the "desegregation of public education," would vest sweeping new powers in the U. S. Commissioner of Education and the Attorney General to deal
with "racial imbalance" in schools throughout the country.
• Title IV would set up a new Federal agency, the "Community Relations Service."
• T itle V would continue the Commission on Civil Rights
until 1967, and endow it with broad new authority.
• Title VI amends all statutes providin 0o financial •assistance
b)' the United States bv
orant ' contract, loans, msurance,
, b
2
�guaranty, or otherwise. It would permit such assistance to
be suspended upon a finding of racial or religious discrimin ation.
• Title VU authorizes the President to create a "Commission
on Equal Employment Opportunity," possessed of "such
povvers as may be conferred upon it by the President" to
prevent discrimination under contracts in programs or activities receiving direct or indirect fin ancial assistance from
the United States government.
This is what the bill is all about. At first glance, p erh aps, man y
persons may see n othing \Hong in the several p roposals. In this
emotion al hou r, one is tempted to leap from a sincere conviction
that discrimination is wrong, to a fa lse conclusion that a Federal
law is the proper way to prevent it. \ Ale do not believe th e intensely
person al problems of racial feeling ca n be solved by a ny Federal law ;
the roots go deeper than Congress can reach. In an y event, we believe that whatever might be ga ined by this particular Fede ral lavv,
if an ything, the positive harm tha t would be done to constitutional
government would far outweigh the hypothetical good .
TITLE I-VOTING RIGHTS
In the United States, beyond :;ill question, the right to vote is
just that-a right to vote. For most Americans, p robabl y the ancient
right of property ranks l-irst in their dail y lives; it is the oldest right
of all. But as political beings, they view the right to vote as basic.
As the Presiden t has said, it is ultimately the -right on which the
security of all other rights depends.
A moment's reflection, however, reminds us that the right to
vote is not an absolute right. C h ild ren cannot vote. L unatics cannot
vote. C ertain con victs cannot vote. Bevond these obvious limitations,
it is evident that persons in Virgin ia ~annot vote for a Senator from
New York. Residents of Alban v cannot vote fo r the ·C ity Council of
Schenectad~,. And the man who moves to Ma nhattan on a Monday
cannot vote for the M ayor on Tuesday. T hese a re elementary considerations, of course, but it does no harm to spell them out .
Wh y is all this so? It is because the right to vote, though it is
described in the 15th Amendment as a right accrui ng to "citizens of
3
�the United States," is in its exercise a right accruing to citizens of
the several separate States. It never should be forgotten that whenever we vote, we vote as citizens of our States. We never vote
nationally. W e are always, at the polls, Virginians, New Yorkers,
Texans, Missourians. As voters, we are never "Americans." The
idea is hard to get accustomed to; but it is so. The Constitution makes
it so.
Three provisions of the Constitution merit attention . First, the
I 5th Amendment. It is very short:
The right of citizens of the United States to vote shall not
be denied or abridged by the United States or by any State
on account of 'race , color, or previous condition of servitude.
[Emphasis added} .
The Congress shall have power to enforce this article by appropriate legislation.
The briefest perusal of M r. Kennedy's pending Civil Rights
Bill will disclose that some of its most important provisions are not
related to the denial or abridgment ,of the right to vote "on account
of race, color, or previous condition of servitude." T he 15th Amendment is not relied upon at all . If the bill were based clearly upon the
Fifteenth, the position of th e Virginia Commission would be wholly
different. W e might obj ect that a bill along these lines were u nwise,
or unwarranted; but we would not oppose it as unconstitutional. N o.
In its provisions relating to a standard literacy test, and in other
provisions, the administration's bill has nothing to do with State
deprivals in the area of "race, color, or previous condition of servitude." This bill applies to all citizens, everywhere.
Therefo re, other provisions of the Constitution come into play.
The first of these provisions appears in the second paragraph of
Article I. It tells us who sh all be qualified to vote in what often are
termed Federal elections-that is, who shall be qualified to vote for
members of the Congress. It reads :
The H ouse of Representatives shall be composed of members chosen every second year by the people of the several
States, and the electors in each State shall have the qualifocations requisite for electors of the m ost numeroiis branch of
the State legislature. [Emphasis supplied}.
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�v1s10ns quoted. The bill would prohibit the use by any State of a
literacy test unless such tests met Federal requirements-unless the
tests were "wholly in writing" and unless a copy of such test were
furni shed th e individu al registrant "within 25 days of the submission
of his vvritten request. " Beyond this, the bill would provide that
State literacy tests were of no consequence anyhow: Any person who
had completed the sixth grade in a public school or an accredited
private school would arbitrarily be deemed to possess "sufficient literacy, comprehension , and intelligence to vote in any Federal election ."
W e take no position here on the merits of th ese proposals as
such. They are as may be. Our contention is th at such proposals
plainly deal with the qu alifications of electors in the several States.
These proposals have nothing whatever to do with the "times, places,
and manner of holdin g elections." In our view, they are simply beyond the authority of the Congress to enact. They pl ainly encroach
upon the power of each State to fix "qualifications requisite for
electors of the most numerous branch of the State legislature."
The President's bill continues with a provision aimed at certain
of the Southern States, in which- in a scattering of counties- fewe r
than 15 percent of the adult Negroes have registered to vote. The
Virginia C ommission would make its own position clear : We h ave
no patience with conspi racie~ or chica nery or acts of in timidation
intended to deny genuinely quali fied Negroes th e right to vote. We
have no patience with acts of bland partisanship that may give the
vote to certain white persons and prohibit the vote to Negroes of
equal stature. W herever such acts have occurred, they are to be
emph atically condemned. We do say this: T here is abunda nt law
on the books-there was abundant law on the books even prior to
enactment of the C ivil Rights Acts of 1957 and 1960-to prohibit
and to punish such willful acts by local registrars. All that is required is th at the existing laws be enforced . If the Congress somehow is persuaded th at still further law is required to enforce the
15th Amendment, the Virginia Commission will raise no constitutional
objection . In the area of "race, color, or previous condition of servitude," the Amendment pl ainl y vests in Congress the power to
adopt appropriate legislation .
We come back to the larger point. T he key provisions of Title
I, as a whole, have nothing to do with "race, color, or previous condition of servitude." T hese prov isions assert, on the part of the
6
�There are two other such provisions, but it is needless to quote
them. The second proviso impales the smallest hotdog stand upon
the transportation of its mustard. There is not a neighborhood soda
fountain in American , not a dress shop, not a hat shop, not a beauty
parlor, not a single place or establishment beyond the tiniest roadside
stand of which it may be said that a substantial portion of its goods,
held out for sale or use, has not moved in interstate commerce.
We would urge thoughtful Americans, wherever they may live,
whatever their views may be on questions of race relations, to ponder
the twisted construction here placed upon the Commerce Clause.
When the Congress first began to regulate ·'commerce among the
several States," the object was to regulate the carriers i~ which the
goods were hauled. In time, a second area of regulation developed, as
the nature of the goods themselves came into the congressional povver.
Then a third area developed, as Congress sought to regulate the
conditions under which the goods themselves were manufac tured.
In this bill, a fourth area is opened up. It is as wide as the
world. Here the Congress proposes to impose a requirement to serve.
Heretofore, such a requirement has been imposed solely in the area
of public service corporations-the telephone companies, electric
power companies, gas and water companies-the companies that operate as regulated public utilities. Now the restricted class of public
service corporations is to be svvept aside. H ere Clancy's Grill and
Mrs. Murph y's Hat Shoppe are equated with AT&T. The n eighborhood drug store is treated as the gas company : It niust serve. v\lithin
the realm of Section 202, the owner has no option ,, no right of
choice. Yes, he may reject drunks, rowdies, deadbeats. But his right
to discriminate by reason of race or religion- or any other related
personal reason-is denied him under the pain of Federal injunction
and the threat of prison sentence for contempt of court.
At this point in our argument the Virginia Commission would
beg the closest atten tion: We do not propose to defend racial discrimination. We do defend, with all the power at our command, the
citizen's right to discriminate. However shocking the proposition may
sound at first impression, we submit that under one name or another,
this is what the Constitution, in part at least, is all abou t. This
right is vital to the American systel'n. If this be destroyed, the vvhole
basis of individual liberty is destroyed. T he American system does
not rest upon some "right to be right," as some legislative majority
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�may defin e \.vhat is "right." It rests solidly upon the individual's right
to be wrong-upon his right in his personal life to be capricious, arbitrary, prejudiced, biased, opinionated, unreasonable-upon his right
to act as a free man in a free society.
W e plead your indulgence. Wheth er this right be called the
right of free choice, or th e right of free association, or the right to be
let alone, or the right of a free market place, this right is essential. Its
spirit permeates th e Constitution . Its exercise colors our entire life.
When a man buys union-made produ cts, for that reason alone, as opposed to non-union products, he discriminates. W hen a Virginian bu ys
cigarettes made in Vi rginia, for that reason alone, as opposed to cigarettes made in Kentucky or N orth Ca rolina, he discriminates. W hen
a housewife bu ys a na-tionall y advertised lipstick , for that reaso~
alone, as opposed to an unknown brand, she discrimin ates. \ iVhen her
husband bu ys an American automobile, for that reason alone, as
opposed to a European automobile, he discriminates. Every one of
these acts of "discrimination" imposes some burden upon interstate
co111.merce.
T he exa mpl es could be endl essly multiplied. Every reader of
this discussion will think up his own examples fro m the oranges of
Florida to the potatoes of Idaho. And the right to discriminate obviously does not end with questions of commerce. T he man who
blindly votes a stra ight D emocra tic ticket, or a straight Republican
ticket, is engaged in discrimin ation . H e is not concerned with the
color of an opponent's skin ; he is concerned with the color of
his party. Merit has nothing to do with it. T he man who
habitu all y bu ys the Times instead of the H erald Tribune, or Life
in stead of Look, or listens to M r. Bern stein instead of to Mr. Presley,
is engaged in discrimination. W ithout pausing to chop logic, he is
bringin g to bear th e accumulated experience.:_the prejudice, if you
please-of a lifetime. Some non-union goods may be better than some
union goods; some Democra ts may be better than some Republicans;
some issues of Loole may be better than some issues of Life. None of
this matters. In a free society, these choices-these acts of prejudice,
or discrimination , or arbit ra ry judgment- u niversally have been rega rded as a man's right to make on h is own .
T he vice of Mr. Kennedv's Ti tl e II is that it tends to destroy
this concept by crea tin g a pattern for Federal intervention. For the
firs t time, outside the fu ll y accepted area of public utilities, this bill
undertakes to lay down a compul sion to sell.
12
�W e raise the point : If there can constitutionally be a compulsion to sell, vvh y cannot there be, with equal justification, a compulsion to bu y? In theory, the bill is concerned with "burdens on and
obstructions to" commerce. In theory, the owner of the neighborhood restaura nt imposes an intolerable burden upon interstate commerce if he refuses to serve a white or N egro customer, as the case
may be. But let u s suppose that by obeying some injunction to serve
a Negro pa tron , the proprietor of Clancy's Grill thereby loses the
trade of ten white patrons. In the South, such a consequence is entirel y likely; it has been demonstra ted in th e case of South ern movie
houses. Ca n it be said th at the refusal of the ten whites imposes no
burden on intersta te commerce? Plainly, these ten intransigent
customers, u nder the theory of this bill, have imposed ten times
as great a burden on commerce among the several States. Shall they,
then , be compelled to return to C lancy's for their meals? Where .
does this line of reasoning lead us?
How would all this be enfo rced? Under Title II , the Attorney G enera l woul d be req uired to in vestiga te complaints of denial
of service. Persistent acts of discrimi nation would be prohibited by
Federal inj unction s, obtained in the name of the United States. Any
person who attempted to interfere with Clancy's decision would be
subject to individu al injunction. And at the end of every such proceeding lies the th rea t of fin e or imprisonment fo r contempt of court.
There would be no jury trials.
This has been a very abbreviated summary of the "public accommodations" fea tu res of the Presiden t's bill. A definiti ve analysis
could be much extended. Not only is the Commerce C lause di storted
beyond recognition, th e provisions of the Fourteenth Amendment
also are warped to cover individual action as opposed to State action.
O ur hypothetical C lancy could not call upon the police to eject an ,
unwan ted customer, trespassin g upon his booths an d tables. Reliance
upan local police to en force old laws of trespass, under this bill , would
be regarded as an exercise of "State action." C lancy has become th e
State. Like Louis of old , he too may say, "L'etat, c'est moi."
TITLE III-DESEGREGATION OF
PUBLIC EDUCATION
Titl e III of the P resident's bill goes far beyond all decisions of
the Supreme Court in the field of school desegregation , for it im-
13
�r
plicitly couples the formal desegregation of public schools in the
South with the elimination of racial imbalance" in schools throughout the land . Th e bill proposes to achieve these aim s by vesting
broad new po,vers in th e Commissioner of Education and the Attorney General. Even private schools, if th eir pupils received tuition
grants from a governmental source, would be brought into line.
The opening prov isions of Title III authorize the C ommissioner,
upon application from local school offici als, to engage in a wide variety of programs of advice, technical assistance, grants, loans, contracts,
and training institutes. The Commissioner would con trol the
amounts, terms, and conditions of such grants. They would be paid
on the terms he prescribed. H e alone would fi x all "rules and
regul ations" for carrying out these programs to promote desegregation
and to relieve "racial imbalance."
Presumabl y, the authority of Congress to promote th is bu sywork
for the Commissioner is to be found in the fifth section of th e 14th
Amendment. This is the section th at empowers Congress to adopt
"appropriate legislation" in support of the Equal Protection Clause.
If th e Equ al Protection C lause trul y vvere intended to p rohibit a
State from maintainin g raciall y separa te public schools, such legislation perhaps would be "appropriate." The history of public education in th e United States, in the yea rs immediately following the
purported ra tification of the 14th Amendment in 1868, utterly denies
an y such intent ion. To this day, no law of the United States requi res desegrega tion . T hese programs of the Commissioner of Education are cart before horse; th ey are th e sort of programs that would
implement a law if th ere were a lavv; but there is no law. There is
the Supreme Court's opin ion of 1954 in Brown v . Board of Education,
and there are oth er high court opinions emana ting from it, bu t impressive and historic as these decisions may be, they are still no more
than judgments bindin g named defendan ts in particu lar lawsuits.
It should be emph asized, aga in , th at th ese decisions have nothin g to do with "racial imbalance" in public schools. T hey are limited
to judgments req uiring th at the States shall not den y to any person
on account
of race th e rioht
to attend an v. school it maintains. The
.
0
shi ftin 0o of studen ts from school to school in order to "remove . racial
imbalance," w ith or wi thou t Federa l aid and regulation, 1s not
w ithin th e ambit of the deseo0 reoa
tion decisions. U nder th is gross
0
distortion of the I 4th Amendment , school children th roughout the
country w~uld become pawns in a game of power politics.
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�It seems to us desirable to keep this distinction in mind , bet,,, ,een
laws en acted by the C ongress, and judgments imposed by the court.
T he C onstitution is the supreme lavv of the land, but when the
court acts in a suit arising under the Con stitution it acts judicially,
not legislatively. If local school boards throughout th e South are to
be prohibited by law from maintaining separate school systems, a law
mu st be passed "pursu ant to the Constitution" to impose such a proh ibition. Until then , an y such grants and loans and trainin g programs as th ese vvould appea r premature. And we would take the
position , in the light of th e history of th e 14th Amendment, that such
a law would n ot be "pu rsu ant to th e C onstitution." It would violate
the plain intention both of those who framed the amendment and
also of the States that ratified it. Such legislation would not be "appropriate" legislation .
Mean while, we do n ot intend to be captious or legalistic . The
Brow n decision h as been treated as if it were indeed legislation. For
good or ill , the desegrega tion of public schools proceeds. Th ese particular p rovisions of T itle Ill are better subject to criticism simpl y as
manifestation s of the burea ucratic Federal sprawl.
M.ore serious, in our view, are the provisions of Titl e Ill th at
would vest elabora te new powers in the Attorney General. Th e effect of these pro visions woul d be to th row the enti re massive weight
of the D epartment of J ustice, with its unlimited resources, into th e
scales of almost an y paren t in search of a free laws uit. The basic
complaint would be th at some local school board "had failed to
achieve desegrega tion ." But as we h ave tr ied to point out, in th e
overwh elming majority of school districts in the South, th ere is now
n o legal requirement that local school boards even attempt to
achieve desegregation. Before there ca n be a fa ilure of a dut y, th e re
mu st firs t be a dut y. These p rovisions of the bill simply ass ume th e
duty, and leap to its fa il ure.
Ou r appreh ension is that the awesome power here proposed, for
a proli fera tion of suits "in the name of the United States," would
create more tu rmoil th an it would settle. T he "orderl y progress of
desegrega tion in publ ic educa tion" would not be enh anced , but impaired, as rese ntments were stirred up that otherwise might be peacefu ll y resolved. And we cannot see _the,. .en d to the burea ucracy ~hat
could be req ui red to prosecu te suits m th e name of the Umted
States," once thi s precedent were set in the sin gle area of school desegregation.
15
�TITLE IV-ESTABLISHMENT OF
COMMUNITY RELATIONS SERVICE
This title \.vould create a new Federal agency, the "C ommunity
Relations Service," headed by a director at $20,000 a year. P resumably, it would ful fi ll some functions not now ful fi lled by the Civil
Rights C ommission, the P resident's Fair Employment Practices C ommittee, th e established churches and va rious civic bodies, the countless racial commissions around the country, and the civ~l rights division of th e D epartment of Justice. The duties of this Service would
be "to prov ide assistance to communities and persons therein in
resolving disputes, disagreements, or difficulties relatin g to discriminatory practices." [Emph asis supplied} .
\ Ve are not inclined to haggle over the amount of time, energy
and money th at might be wasted by one more Federal agency in the
civil rights fi eld. \A.Te do ca ll attention to the italicized lan guage. In
our own view, it simply is not the fun ction of Congress, under anv
provisions of the United States Constitution, to dispa tch Feder;!
agents to countless commu nities in order to resolve racial disagreements among "persons therein."
TITLE V-COMMISSION ON CIVIL RIGHTS
The Virginia Commi ssion on Constitutional Government expresses neith er opposition to nor support of Title V of the President's
bill. This portion of the bill would extend the life of the Commission
on C ivil Rights to N ovember 30, 1967, and would lay down certain
standardized rules for its fu rther hearin gs and investigations.
In our own view, th e Commi ssion on Civil Rights has contributed little or nothin t:,o toward the unravel ino0 of the knottv• tangles of
·race relations in the United States. Its recommendations in the spring
of 1963, proposin g the withd ravval of gra n ts, loans, and even contracts fro m South ern States th at did not meet its own notions of right
condu ct, amounted to an outrageous proposal for denial of the v~ry
equal p rotection s it professes to su pport. We perceive no useful
achievements of thi s Comm ission, bu t we raise no constitutional objections to its con tinu ance.
16
�TITLE VI-NONDISCRIMINATION IN
FEDERALLY ASSISTED PROGRAMS
T itle VI of the P resident's bill is not long. It had perhaps best
be quoted in full:
Sec. 601. Notwith standing an y provisions to the contrarv in
an y law of th e United States providing or authorizin g dire;t or
indirect fi nancial assistance fo r or in connection with any
program or activity by \,vay of grant, contract, loan , insurance,
guara nty, or oth erwise, no such law shall be interpreted as requiring that such fi nancial assistance shall be furni shed in circumstances under which individu als participating in or benefi tting from the program or acti vity are discrimin ated against
on the ground of race, color, rel igion, or national origin or
are denied p3rticipation or benefi ts therein on th e ground of
race, color, religion , or national origin . All contracts made in
con nection with an y such program or activity shall contain
such con ditions as the President may prescribe for the purpose of assuring th at th ere shall be no discrimin ation in employmen t by ar. y contractor or subcontractor on ' the ground
of race, color, religion , or national origin. [Emphasis supplied}.
T he thinly veiled intimidation of T itle VI goes back to a statement made by Attorney General Robert Kennedy in London in
October of 1962. A t th at time, he speculated publicly that a threat
to withdraw federal su bsidies, gra nts, loans, and contracts might be
used as a club over the Southern States. Mr. Kennedy was quick to
point out that such a threat woul d have to be used with great delicacy .
He seemed un sure of its desira bi lity. He did not defend its constitutionality. H e wa s just thinki ng aloud.
· In April of 1963, the Civil R ights Commission evidenced no
such fin esse. T he C ommission recommended Had y to the President
tha t he seek power to suspend or cancel eith er all , or selected parts of,
the Federal fi nancial aid that now Hows to such Sta tes as M ississippi,
"until [su ch States} compl y with th e Constitu tion and la..,vs of th e
United States." It was unclea r precisely how a judicial determination wou ld be reached that entire States had fa iled to com ply with
the Constitution and laws of the United States, but this small question of due process apparentl y troubled the Commission not at all.
17
�Th e question troubl ed Mr. Kennedy. !n his press conference of
Ap ril 17, th e President blinked at this startling proposal and turned
away from it:
I don't have th e power to cut off aid in a general way as vva~
p roposed by the Civil Rights C ommission, and I would think
it would probabl y be unwise to give the President of the
United States that kind of power beca use it could start in one
State and fo r one reason or another might be moved to
another State w hich has not measured up as the P resident
would like to see it measure up in one way or another.
It is a fair question to ask what happened. W hat happened between April 17, when the President voiced these comments at his
press conference, and June 19, when his majority leader . intreduced
his Civil Rights Bill? H ow did a power that was "probabl y umvise"
in April become a power th at was "essential" in June? T he obvious
answer is th at the interim was marked by widespread racial demonstra tions. But 1t is not pl easa nt to conclude that the P resident of the
Un ited States may be coerced , intimidated, or black jacked into
changing his mind so swiftly on a legislative proposal of fatef ul importance. W hat h'lppened?
W e ea rnestl y submit that the pun itive terms of Title VI of this
bill threa ten gross violation of every p rinciple of due process of lavv.
N o provision whatever is made fo r determin ing when individuals
"participating in or benefittin g from" various programs are "discriminated agai nst." The two sentences of this Ti tl e define no terms. T hey
propose no judicial in qui ry. T hey leave hu ndreds of mill ions of dollars in "Federal fu nds," pa id fo r b y all of the people- black, white,
Liberal, C onserva tive-at the uncontrolled discretion of the President
or someone else who may determin e this "discrimination."
These p rograms include aid to dependen t children, aid to the
blind, aid to the permanentl y disa bled. T hey include funds for voca tional educa tion , hospital co nstruction, pu blic housing, the insu,rance of bank deposits. Federal personnel would be au thorized to supervise loans by banks an d building and loa n associations, farm financing of all kinds, govern men t su bsid ies, conservation programs, small
business loa~s an d contracts in an y activity affected by government
loans' in surance ' 0ouara nties ' or bora nts. If a Federa l aoencv
made an
0
·
administrative fi ndin t,o th at discrimination exists, Federal support
18
�could be withdrawn and the institution or program wrecked.
To perm it a P resident-any President-to suspend such programs
on his own unchecked conclusion that certain beneficiaries are "discriminated again st" wou ld violate the whole spirit of uniformity
that pervades th e Constitution . T he supreme law of otir land provides
that "direct taxes shall be apportioned among the several States according to their respective numbers." Duties, imposts and excises
"shall be uniform throughout the United States." There must be a
"uniform rule of n atu ralization" and "unifo rm Ja,.,vs on the subject of
bankru ptcies." Many other provisions attest this same concept of
equal treatmen t among the States.
Only by a fa ntastic distortion of the congressional power under
the 14th and I 5th Amendments could thi s Title VI be justified. Its
effect would be to penalize th e many for the occasion~! unlawful
conduct of the fe w. Its potential application would jeopardize the
very lives and well-bein g of thousands of innocent and law-abiding
persons, including veterans, blind persons, and disabled persons, in
order to bludgeon a h andful of State officials into line with a President's desires.
It seems to us sufficient merel y to quote the language of this
tyrannical Title of the Presiden t's bil l. The language speaks most
eloquently for itself.
TITLE VII- COMMISSION ON EQUAL
EMPLOYME NT OPPORTUNITY
T his fin al substantive section of the bill authorizes the President to establish a "Commission on Equal Employmen t O pportun ity." This permanen t agency of the government would be headed by
the Vice P resident; the Secretary of Labor would serve as vice chairman. There would be up to 15 members in all. An executive vice
chairman would run the opera tion . T he C ommission would be empawered to employ "~u~h ~ther ? ersonnel as may be necessary." Th e
bill defines the comm1ss10n s duties:
It shall be the function of the Commission to prevent discrimination against employees or applicants for employment because of race, color, religion, or na tional origin by Government contractors and sub contractors, and by contractors and
sub contractors participating in programs or acti vities in which
19
�direct or indirect fin / ncial assistance bv the United States
Government is provided by way of gra~t, contract, loan, insurance, guaranty, or otherwise. The Commission shall h ave
such powers to e ffectuate the purposes of this title as may be
conferred upon it by the President. The President may also
confer upon the Commission su ch powers as he deem s appropriate to prevent discrimination on the ground of race, color,
religion , or national origin in Government employment. [Emphasis supplied} .
Again , it seems to us necessary merely to quote the provisions
of the bill in order to make their autocratic nature evident to everv
thoughtful observer. The power here proposed to be conferred upo~
the President is virtually unlimited. N o legislative limitations of an y
sort a1e suggested. The President may confer upon the Commission
"such powers as he deems appropriate." And whether these include
the power to impose criminal sanctions, or to seek civil injunctions,
or to abrogate contracts awarded u nder sealed bid, no man can
say. The Commission's powers would be whatever the President regarded as appropriate; and the defin ition of "government employment" is as wide as the Federal budget itself. T he administration's
bill proposes, in effect, that the Congress abdicate, and turn its legislative powers over to the \ i\lhite H ouse. T he powers here demanded
i.l rc not the powers rightfull y to be exercised by a President in a free
country. T hese are the powers of a despot.
There is a fi nal T itle VIII in the bill, authorizing the appropriation of "such sums as are necess~ ry to carry out the provisions of this
Act." What these sums might amount to, aga in, no man can say.
This is the package Mr. Kennedy has asked of the Congress.
H e has asked it in an emotional hour, under the pressures of demonstrators who h ave taken violentl y to the streets, torch in hand.
W e of the Viroinia
C ommission ask ;vour quiet consideration of
b
the bill. And we ask you to communicate you r wishes to the members
of the C ongress who represent you in the H ouse and Senate.
Richmond,
August, 1963.
20
• I
�Members of the Virginia Commission on
Constitutional Government:
DAVID J. M AYS, Chairman, Richmond, Va.
A ttorney ; Pulitzer Prize w inner for historical biography.
J AMES J. KILPATRICK, JTiu Chairman, Richmond, Va.
E ditor, Th e Richmond News Leader; author.
ALBERTIS s. H ARRISON, JR., Richmond, Va.
Ex-officio member of Commission; Governor, Commonwealth of Virginia.
E. ALMER AMES, JJ!.., Onancock, Va.
Attorney; member Virg inia Senate; Vice-President and
Director, First Nationa l Bank, Onancock, Va.
HALI! COLLINS, Covington, Va.
Attorney; member Virginia Senate.
W. C. (DAN ) DANIEL, Danville, Va.
Business executive; member Virginia House of Delegates;
p ast N ationa l Commander, American Legion.
JOHN A. K . DONOVAN, Fa lls Church, Va.
A ttorney ; member Virginia Senate; General Counsel and
D irector, Security N ational Bank, Fa irfax County, Va.
J. SEGAR GRAVATT, Blackstone, Va.
A ttorney; T rial Justice for Nottoway County, Va.
FREDERICK T . G RAY, Richmond, V a.
Attorney ; fo rmer A ttorney General of Virginia.
B u RR P. HARRISON, W inchester, Va.
Attorney; former m ember of the United States Cong ress.
EDGAR R. LAFFERTY, JR., King W illiam, Va.
Business executive; farmer.
GARNETT S. MOOR!!, Pulaski, Va.
Attorney; member Virginia H ouse of D elegates.
WILLIAM T. Musi!, Richmond, Va.
Dean, T. C. W illiams School of Law, University of
Richmond; author.
W . ROY SMITH, Petersburg, Va.
Business executive; member Virg inia House of Delegates.
w . CARRINGTON
THOMPSON, Chatham, Va.
Attorney; member Virginia House of Delegates.
WILLIAM L. WINSTON, Arlington, Va.
Attorney ; member Virginia House of Delegates.
�,\
\
\
0.-( From May Craig, the Portland Press Herald) M r. P resident, do
you think that M rs. M urphy should
have to take into h er home a lodger
whom she does not want, regardless
of her reason, or would you accept
a change in the civil riohts b ill to
except small boarding houses like
M rs. M urphy?
A.-The question would be, it
seems to me, M rs. Craig, wh ether
Mrs. Murph y h ad a substantial
impact on interstate commerce .
[Laughterl . Than k you .
- T he Press Conference,
Ju ly 17, 1963 .
Additional copies of this commentary may be obtained on request _to _the
V! rginia Com~issi_on on Consti tution al Government, Travelers Bmldmg,
Richmond, V1rgm ia. The Commission is an official agency of t~e Commonwealth of Virginia, created by act of the General Assembly m 19 56.
Up to lO copies no charge; 50 copies $5. 00; 100 copies $9.00; 1,000
copies $75.00.
�I VA-,
.
~w
A l r-,
P(t,:::lT(EilO
5 Co A
A TL AN I A
L. -
10 CENTS
(W )
ter Bias & the Law
uction 30 States, Some Cit ies
for
Bar Discrimination in
Public Accommodations
r for a
t or tne
r;~
1
New York Agency P enalizes
l\{otel for Barring ~ egroes;
St. Louis T avern Is F ined
!':::
~~,a:~Some
overs.la I
e outlook
.ontract.als
ver to next
utting and
cmg list of
lie election
laion of exrenewal of
abroe.d for
ramping of
/y
d i.!ap-
i,rilialive
!nl.1 farm
· high for
continue
hard hit
-ceeed 3.4.
4. million
•. Earlier
er Caribpped the
. . started
l ion tor1l!
the deft·
ier yean .
\3 and_ 2.1
!OW brmg11
t , up from
-year high
to knock
s lness.
ding next
Ord 1 bl!\ites take
each tllls
,e 30 w:111
lest heap
pply laat
in mid·
teat glut
e,,-...1 gtorage
of the
farm storage
n the SOuth·
now: a year
ores o( cit ·
I many ternwill be torn
Bl 60~
fro»i the
ot!llcd 1.3
-om s bi~
1e corry-
~d~
;
a Jasl year
Ins In Callquallly, so
be crushed
Is year la
,bove 1962.
m seedless
up to $(1,
_
_
Lessons for Congress?
By Wll.1,!AM E . B LL'Nl)l:LL
St,:,f! R~por ur of T mc W ALL Srru:n Joun:
ar. He later received a short political pros and public opin- course. · While the Mayor's ion molders, the ;people in political life may be damaged, letter from th'3 President Atlanta who -usually count his personal stature is ad- which praised "a number of effective pomts" in the statethe most. judged secure. ment. Mayor ..c.Jlen seemed "You're making a big mis- . · "It took a lot of- courage to genuinely ~urprised by it . take." The message was plai1;1, do what he did," one acquainblunt and nearly unanimous . tance said with a touch of Ivan Allen jr., the 52-year- awe, "and if that's his perold merchant-turned-Ma.yor, sonal view - hell, I respect . him for it." listened very ca.refully. • Sure, the f1·iend col\tinued, T-hen , all alone with his courage, he flew off to Wash- segregation is -wropg. But a ington and went before the F'ederal law against is someSenate Commerce Commit- thing else. 'This was the crux tee to read a carefully drafted of the worry : Mr. Allen had · "deserted private enterprise." 14-page statement "Gentlemen," the Mayor The prominent owner of said firmly, " If I had your several cafeterias in town problem, aqned with the lo- sent the Mayor a long, stingcal experience I have had, ing telegram expressing shock I would pass a public ac- and disappointment, then pla.-ced blown-up copies in his commodations .law." Mr. Allen thus became the ,windows. flrst--and- just possibly the But in perfect -illu~t.ratlon last-Southern politician 'to of the temper of t hings, the voice pubiic approval 'of t he man's eating places were bemost· controversial' portion of ing picketed at the same time the civil rights bill. by whites whose signs The Mayor followed · an branded him a leadel'. for outraged squadron of South- integration." ern political leaders, includThe .cafeteria owner had deing Gov . Ross R . Barnett of segregated most of his chain Mississippi .and Gov. George last June . His concern was not C. Wallace of Alabama. The civil rights, he insisted, but air was heavy with denuncia- the preservation of free entertion . prise. Sen. Strom Thurmond of The Mayor came back to South ·carolina, a ·member Atlanta and found two main of the Senate committee, schools of thought about his seemed hardly able to bebehavior before the lieve his ears at the Ma.yor's startling Commerce Commitee. stand . A lot of the borne The least substantial ¥erfolks ·had the same ·reaction . "I wish to nominate you ," sion put it down as a shallow one man wrote, "as Mr. Mau bid for Negro votes. But Mau of 1963 . . . . . I under- seasoned observers said that stood that you are a half- even with a full turnout he brother of Martin Luther would still need plenty of King and that may explain whites . For a quarter-century winyour position." ning Atlanta politics has been It came 11.s somewhat of a based on a highly successful surprise that at least those "alliance" between Negroes who wr6te the Mayor sup- and ttre so-called "betterported his :stand about 2 to 1 class" whites. in initial stages of the reacAnd the thought was that tion last week. the latter might prefer free "Deeply proud of you," a enterprise over Mr. Allen telegram said. when the 1966 term comes up . But few believed the ma- The Mayor has indicated that jority to be on Mr. Allen's ~e now intends to run again . side. The second feeling about The state and city cham- the Mayor's testimony conbers of commerce had moved sidered the possibility that he in the opposite direction, and . had talked with President a canny political observer said : "He has taken a very perilous step. r seriously doubt he can make it stick in the political forum- particularly if these things are still un solved." Mr. A)len, with strong Negro slam-banr; reductions I support, took Qffice in Janua1·y, 1962, after a harsh battle with arch-segregationist Lester Maddox. The Mayor drew 64 per cent of the vote. He went in as a son of the ctty's old-line business com~m~un i;tY~-;;;..;;W h;ll~e- '~v;; it~h~~h~is~ ~ !!!!!--~!!!!!!!!!!!!l!!!!!_,.._ _,_1_ . · By Walter Rugaber Special to the Herald Tribune swimsuit SALE ..~~. - About his testimony he says simply that the nation's Mayors have b~ n stuck out on a limb and left there to handle the whole racial crisis by themselvas. The Supremz Court has been striking down segregation laws for years, he paintsout. and yet no really solid 1 legislation has taken their I I place. �MR.s. J. BEAUCHAMP COPPEDGE 10 VERNON ROAD, N. w. ATLANTA 5, GEORGIA .t_~ r~~: J:L ~ d_ _eL·~ / _, C°LL S ' ~ ifh(/y\4' ) ~ ~ J~d-&__ 9 ~ ,W ~ ~~ ~ Lw Ir t& /1_,I~ J-:~~ 1~ ~ 9--~A-~ !Vvwv)vy --.~ ~ -l.._ I , j-./ , ,,____} - I ',J~ , -j ~ '143.215.248.55 16:31, 29 December 2017 (EST) . . .9T'L ~ -0-,~~ • .. . . Q , ~ t '· c{ t1 I ~""' ·---,~-"-~' .> ., ot) ~--fl- 1 . ~-s-...~ \ ,h.) )->-'1-) )(J~..,..J ~ ~ •• . t ~'-'"".i-~ ~ ~ . -.-.;..~ LI J~~ •, I -, .-.i.rt. ""~ .)~~-..,"'i fr7 i) ~ 143.215.248.55J ~ . ,~ _t-J L~ ·C CU~-- ~----;- '~ J..iN}D-/lmHJJl)D ~ §JIIRRTDN·ULIWNN/JTEL ~~ - ,} (?. a ~ • ~~- tt-. .,R-,.-eld~ 16:31, 29 December 2017 (EST) ~ ~iz_, ~ ~ t,..,r ~ t;ll.;.. ~ , ~ ~ tA-t-m.1-«;, c.,.. .,( ~ . ~ w-tJ /. r ~;:;6:./ IA- d'.v ' ,v~ ,~ 1~ ,, �,_)..~\ ~ -.I'~ -,--ul ~ ~_) - ~ ~ -N~J-) '-~--== :.) t J.Jtr.J-0 ...,J j )-_~.JJ,,J �Tl!L AVIV • I S R A EL ' ,,,, ' ,:::-~ Ji ~ z_ ~ ~ = . . . .... ,.,. . . . . ({ r q · ~~ --- I, ..,e.. ~ r ~~ ,~ ~ >-,~ . P.·~<' '- 1 ,.~ ,~ ,...~ . �,., ' ,.,, -. ,., ' ,.," ,j . . - 1 . • !... . ' .. . ,, .:::,. '., -' >,,~ ~ . ha' ->,," ~ �A TL A NTA , G E ORGI A From Betty Robinson tf./,, FORM 25 -7 j a I • ' �nent at there reorld. e is t, (' may ether mght heth. ator ! than iehind ly no. LE. with ition f the ' the y of the w tiethe whent: wide n come i - PRU Herblock In The Washington Post At nedy'" minol "It's not only the committee room-the whole country is being packed with those damned American civil-righters." or l/' isnt ' would not have thought it n ee- I[pea ceful coexist ence] a nd cono>r essary to r ecall r" · _, ,., ;P..1.H-.. ~- •~ - -u,_ · - ·~ e those " 2 tr �Mayer Allea To._ _____________ OFFICE MEMORANDUM Hewla•• From ___Bill ________ _ July 31, 1963 Date _ _ _ _ _ _ _ _ _ _ __ Here is seae ••re iafe ea tile AB: -TV series ea civil ripta • Tau seUlllla lite a ,retty sell.&, 1tetll aiAles ,ecuaeatary J•~ • By ceatrast , tile Preaa •• Race .\saam Issue aclle4u1e, fer CBS TV• Ausust 21 aeeas lea,ea ea tile ~actwan leeti.111 aiae -- Gaaaczlietl Grever Ha -11,Jr., •• Jaaea Kil,atrict ,Jr., are aetll 4ie llar, •e1re1atieaists au C.aEe4erates. Tl,.,.E • LIFE• FORTUNE• SPORTS ILLUSTRATED• ARCHITECTURAL FORUM• HOUSE & HOME �To Mayer A1lea From,_ OFFICE MEMORANDUM --R L- v~ ... .-...u-, .,., ............. ~ ..,,...,.....,...,.,..., _... ..... _ - - ••--- ---- -:-break the "white" nuclear monopoly. They may __ 1 also mean France, busily building its own nuclear 1..· · force. President Kennedy is trying to persuade Presi• , dent de Gaulle to adhere to the treaty, but -..,. '.success is unlikely unless France, an acknowl..: edged nuclear power, is put on a par with Britain a'Ild supplied with the same nuclear information .• w e n ow give the· British. If we ·did so, the pur. '; p ose would not be to "cause, encourage or partic1' ipate in" further French tests, which is forbidJSJ den.. by the t reaty, but to make such tests ·..:..." unnecessary without hampering France's nuclear .a development. French adherence to the new pact might prove · ".: a preliminary to agreement by France to join ~ ,in building a NATO nuclear for ce and to restore ' Western solidarity. That is still an essential s afeguard of peace. . '" The Art of Spymg f,,,l " ..! Do not implicitl y trust anything you read about spies and spying even if the source is im._peccably official. By the accepted rules of the ~.game, government statements may be deliber: .. r .ately false in order t o mislead "the enemy. " But, ·-r·hof course, t hey may be true. Naturally, truth is toe often very confusing. • • The layman can be excused for r uminating in his fashion as he r J ads his morning newspaper. · ~ The cast of characters needs a Dickens or a iw Dostoievsky ( not a historian, of course ) to do 9 r,:justice to the parade of diplomats, scientists, journalists, homosexuals, prostitutes and-best of all-intelligence agents w ho betray their out,.. fits and thei r fellow spies. Nothing could be ·-niore devious or fascinating than a double agent. At least, it is comforting for the layman t o contemplate the bungling and blindnesses of the professionals. Devotees of the whodunits surely collld do bet t er . Trained by Eric Ambler, Georges S imen on a nd Ian Fleming, they would never have 'permitted a Bay of Pigs invasion; a successful ,,.Christine Keeler ; a fantastic 10-year career of ex-Nazi German intelligence officers providin g the Russians with 15,000 photographs, 20 spools .of tape and many a secret of the West Germans and NATO. Not that the Russians should boast; hey had Penkovsky. \":ven though t he real spy cases may be stranger than fiction , you don't get the solutions a s you do in the thrillers. Nothing could be more fas cinat ing than the stories of the British jpurnalist H. A. R. Philby, or the Swedish Air Force Col. Stig Wennerstrom; but at their most interesting points the volumes are snapped shut and put away in secret places w,h ere even intelligence chiefs, like characters in a Kafkaesque tale, probably cannot find them. '.l,'he outsider must be forgiven for believing that any t ime any government wants to arrest nd/or expel X-number of spies, it digs into . its f iles and comes u p wit h the requisite quantity. W h en spies are under surveillance they are, 1.Inbeknownst, spying for the country they are spying on. The most dangerous spies of all are, o be sure, the ones who ar e never caught. Ther~ s nothing that the C.I. A., MI-5, K.B.G., Surete and all the other intelligence and counter -intelligence or ganizations can do about them. ls it not possible, in fact , that all this espionage and counter-espionage ; all these agen ts and double a g ents, intelligence officers, counterintelligence officers, plots and paraphernalia frolll infinitesimal micr ophones t o beds, add up Atlanta's Mayor Speaks On rare occasions the orat orical fog on Capitol Hill is pierced by a voice r esona nt with courage and dignity. Such a voice was heard when Mayor Ivan Allen Jr. of Atlanta testified before the Senate Commerce Committee in support of President Kennedy's bill to prohibit racial discrimination in stores, restaurants and other public accommodations. On the basis of the very substantial accomp lishments that his city of a half-million, the largest in the Southeast, has made in desegregating publicly owned and privately owned facili ties, he migh t have come as a champion of "states' rights" and of the ability of localities to banish discrimination without F ederal law. Certainly, he would h ave had much more warrant to es{?ouse that view than the Barretts, the Wallaces and the other arch-segregationists who raise the specter of F ederal "usurpation" as a device for keeping Southern Negroes in subjection. But Mr. Allen was not in Washington to boast. He was there to warn that even in cities like Atlanta the progress that had been made might be wiped out if Congress turned its back on the Kennedy · proposal and th us gave implied en. dorsement to the concept that private businesses were free to discriminate. He left behind this charge to finish t he job started with the Emancipation Proclamation a century ag : "Now the eliminat ion of segregation , which is slavery's s tepchild, is a challenge to all of us t o make every American free in fact as well as in theory - and again to establish our n ation as t he true champion of the fr ee world. " The Fiddlers The Jong-legg ed, r a sp-win ged insects now come Jpto their own, and we won't hear the last of them till hard frost a rrives. They are t he leaping fiddlers, the grasshopl?ers, the crickets and the katydids. Grasshoppers are spoken of in the Bible as " locusts," and their hordes have contributed in many lands, including our own West, to the l?ng history of insect devastation an d human famme. Walk through any meadow now, or a lo ng ~ny weedy roadside, and you will see t h em leapm.g ahead of yo u, hear t he rasping rattle of their harsh wings in brief flight. But they do little real fiddl ing. The fidd lers now are t.}le crickets. . Listen on any hot afternoon or warm evenmg, particularly in the country, and you will hear the crickets even though you seldom see them. In the afternoon you will hear the black field crickets, chirping as we say, and often into the warm evening. But in the evening, from dusk on through the warm night, the more insistent sound will be the trilling of the pale green tree crickets. Individually the tree cricket's trill is not so loud, but because all those in the neighborhood synchronize their trills the sound can be a s insistent as were the calls of the spring peepers back in April. The loudest fiddlers of all are the katydids, which look like green, hunch-backed grasshop· pers. Night after night they rasp wing on wing and make that monotonous call, shrill and seem· ingly endless. But the katydids won't be heard for another two weeks or so. Meanwhile the crickets possess late July, chirping and trilling the warm hours away as though summer endured forever, ana IL is noL Lne 11au which is accustomed to getting it. Whether the other half will learn anything from the incident is doubtful, of course, because a setness of way began a long time ago in a certain garden, a snake and apple being present. But it is July now, and throughout the world there are thousands of summer bachelors. To hear those who are away talk about it, these bachelors, having made a hovel of the house, are continuing to Jive begrimed lives, surrounded by overflowing ash trays, inch-thick lint on the rugs, unwashed dishes mounded high in the sink. Everywhere are t he sisters of the Mme. Cousteau of the first -day story, who say they are going down to tidy up the place a little. Do they? party, particularly Come an anniversary partyas that becomes another ' Guests matter. Although it cannot be proved, of course, It may be assumed that quite possibly M. Cousteau- with his eye on scientific affairs-may have failed to remember the anniversary un til reminded by ocean-floor-to-shore telephone. This has happened, and that half of the world to which it 11as happened has a sympathetic Ricture of him darting out to cool the wine in some far subsurface cave, on the way home cutting clusters of sea flowers for the table. Summer bachelors know something further, a,nd since this is the last day that half of the world gets the last word, Jet it. be set down so. It's dollars to doughnuts M. Cousteau himself cool ENW i rH . Kepple BldR .. 275 Greenwich Ave. HEMPSTEA D ....... , .. · ,155 North Franklin s t . K ANS AS CITY , MO . .. 211!6 Power & Li ght Bldg. LOS ANGELES ..... N.WS, Statler Cen ter Bldg., 000 Wilsh ire Blvd. ; Ad,·ert 1•1nR . 612 S . Flower St. Western tdltion, 2560 w. 54 st. MI J\ Ml. .. . .. . .. Advertlsinf• Dupont Plaza Center NEW ARK ., ... , .....• . .. ·· ,17 .Acaaemy st. 12) PH! LA DELPHlA ..... , .. ·· licws, Bulleti n Bldg.: Advertlslni, PhiladeJPPit National Bank Bldg . SAN F RANCISCO ... . . · . ...• 814 Mission st. AdvertlsJlli , 400 Montgomery S t . SAIGON . , .... . . .... . .. . 322 D Plum Tha nh Gian SANTIAGO. CHILE . •• ... ..... . . . .... . Bandera 75 STOCKHULM . .. , . . . ,, .. Svenska Dag bladet Bldr . TOKYO ....•. News Bureau, Asahi Shlmbun Bick. TORONTO ..... ... . ~ ~~X°J143.215.248.55tfs1: ge w2 G~ ~0 ~ 1'/,'i°_ TU NIS . . . Co!isu Bldi., Avenue Hab ib BOUf llU ib& ALGIER S .,,, . ...... . . ..... . 4 Aven ue de Pasteur WA RSAw . . . . ...... .. ... .. .. .. Hotel Orbls -B rls tol 0 ~fil.YJ::::::: ·6· s·.:,:1rnyi,ia ii ·1l:'*:~1~11i.~b°.?:r~ BOGOTA , . ......... . . , . . . . . ... ·.... Calle 75. 8-15 BONN ... ...... 19 Bahn hofstras.se. Bad GodesberJI'. BUENOS Affi ES , .. • .... .. . . . , ... , .San Marti n 34~ CAIRO .,, . . ....... . .. ..... . 33 S hnrla Kasr E l Nil DUBLIN ... . ...... , ...... , ...... :!9 Belgrave R o d GENEVA .. ..... . . . ...... ..... .Pala ls des Nat10 1 JERU ALEM . ..... . ............ Llsh kat Halton utn LAGOS .. ....... P . 0. BOK 1573. 4 Madu lke R oad LONDON .. . . . .... . P rinting House SQUnre. E.C.I MADRID ... ....... ..........•. , . . . ,, .. Fortun y 41 MEXICO CI TY ..... . . . .. .. ... ...... 239 · 11 Puebl• MOSCOW ... .... , .... 12·:U sadovo sa moteoh nay, NEW DELHI .. Iudi an Eut ern Newspa per Soclct) l!ldg .. Rall Mar OTTAWA . .... . . , .. , .. , .. . . • .. . ...... Cttlzen BldJ. PARIS ..... , . ... News Burtau, 37 rue Ca11111art1n; International Edition, 61 rue La Fayette RIO DE JANEIRO . •• •... . Avenlda Rio B ra nco 25 ROdE ....... . ...... •. VI& di Propagand& Fide 27 MAIL SUBSCRIPTION, U. S., TERRITORTES Ed ilion. 1 Yr. 6 Mos. 3 Mos. Dally an d S ULday . . . •. . . ~55 .00 iSJ 0.25 Sl 6.5e Werkdaya ........ . .. . . . . 28. 00 15.40 g,40 Su nday , ..... , ..... , . 21.00 1 t.85 8.10 Rat es to Other Coun tries on ReQuest. The New York Times also dlstrlbutes a Wtst· ern Ed ition weekd ays from Los Angeles. an In ternational Ed\tlon weekdays from P aris, and • Week ly R ev iew fro m Tokyo, Mnn ll a and Melbourn e. It also pub lls.hcs a bound volume, • mlcro!llm cditlon and on Index . The Assocla tea Pus,, Is eutltled oxe lusl~tly to the use tor republication or alt news d ts~atchu credited to It or not otherwise credited In thll paper a.nd loca.l news of spontaneous origin pub· tlahed heroin. Rights of republlcatlon of nil ma t ter h mission recommended it, WASHINGTON, July 13- but now he flip-flops and Sen. Russell B. Long, D-La., comes out with a complete vowed today to oppose one surrender to minority presor President Kennedy's civil sure groups. rights proposals "until hell The Louisiana senator said freezes over. Then I propose he would like to see a nato start fighting on the ice." tional referendum on the Sen. George Smathers, civil rights legislation. He D·Fla., also came out in op- acknowledged there was no position to features of the chance of such a ·vote being President's program and an- held but said that if it was, nounced he would filibuster "the civil rights bill would against the overall legisla- be voted down." Smathers said: ' "I think tion. Long objected to the Presi- .. . that the tax reduction dent's request that the gov- bill which would stimulate ernment be empow~red to the economy- and provide cut off Fed~ral funds m_are~s more jobs for all of our wher~ racial segregat10:r:1 IS peop l e- and particularly pra?tI~ed. In a trans?r~bed the Negro citizen is much radio mterv1ew for Loms1ana more h,elpful . . . and much stations, Long commented: more beneficial in the long CAMBRIDGE, Md., July 13 leaders, defying the National Guard's ban on demonstrations. have served notice they will resume street marches Monday in an effort to break down racia). barriers. IA'! -Negro "Our people are restless. They want their freedom and they are determined to acquire those legitimate rights which have been too long denied them," said a statement by the Cambridge Non-Violent Action Committee. Assail Rights Bill I The committee is headed "President Kennedy originally said he was opposed to such power being given to the Chief Executive when the Civil Rights Com- by Mrs. Gloria Richardson, run th an the so-called sort of visionary rights which he talks about and the socalled civil rights bill." militant integrationist leader. What will happen when the National Guard confronts the The Florida senator said demonstrators remains to be he will not support( a section seen. Last night about 250 of the President's program m archers dispersed when which would desegregate priBrig. Gen. George M. Gelston vate businesses serving the quietly notified them they would be violating militia law, invoked by Gov. J. Millard Tawes. The integrationists praised the guard for its "impartial" handling of the tense situation, but accused Gov. Tawes A SOCI ETY O F HIS OWN - As members of the of "inaction and lack of posiWASHINGTON, July 13 lil'!. NAACP began pie keting privately- wned St. Louis tive leadership." The Justice Department 11as Tawes has turned down deamusement parks, so did Ernest Meixner. Astride a asked the courts to reopen mands for a special legislawhite mule, he called for a National Association fo r voter registration in Jackson, Always on the Dot when you tive session. t he Advancement of White People, and picketed Miss., shut down a week ago Under watchful eyes of 400 at the l'ieight of a Negro regisGuardsmen, the city dist he pickets. However, there were no erious incidents. trat!on drive. Travel In Atty. Gen. Robert F. Ken· played an uneasy semblance Jersey of normalcy today. There nedy, announcing the filing was no immediate sign of a of a suit in Jackson, said further outt'>reak of racial the action was taken only violence. I ·f 1 ff rt b th 0 The day wore on without I ~t;!:m~~ah:d f.!1e~ t! trouble. Gelston said he was I get voluntary reopening. s izes 16½ to 24½ thinking o~ relaxing some j Named as defendants in the and 38 to 52 of the drastic curbs cla143.215.248.55d (Continued fr"om Page 1) had arrested for trespassing,suit were the registrar, H. T. P u re acetate jersey, on the town under m1hba in Southwood. IAshford Jr., and the state of drapes so gracefully, law. _ "because it is a good home Jackson and his wife, Alyce,1Mississippi. ~ ht and a good buy." He ·denied shies fro m creasing, · For example, he mig I that any integration group were present at ~he press con-1 The suit said Ashford asked packs a n d unpacks change the off-the-streets cur-, f. . th h ference and said they were the Hinds county circuit court from 9 P m to 10 P m was mancmg e pure ase, " h " b t wn , few always ready to b " · · . ·. but declined to say where very appy a ou son s to close registration on July .worn. Youthfu l styl We ar~ _3!SO mveSt igat~gl the necessary loan was be- agreement to .sell them a 3 and an order was promptly the poss1b1llty ~f allowmg . d home. issued Glosing all registr ation with a cardigan nee . · package goods liquor stores mg arrange · line, skirt of unpress Meanwhile Torrance police TROUBLE? m the county until after the to reopen··· we know peoplel· ' Nov 5 election pleats. Wh ite. dott are bringing liquor into cam- breathed a sigh of relief. Asked if they expected any · .· . black or navy blue bridge and we feel it's not T ~ e i r vacation schedule, trouble from their new neigh- Ashford said his ~mall staff fa'.ir for the package goods lWhich had been suspended bors or others, Mrs. Jackson was overburdened m prepa_r· stores to be penalized " he during the recent Southwood replied: mg for the Aug. 6 Democratic ____ ' picketing an d demonstra"No. 1 don't, really. How· primary, in which 138 name~ said, tions, was restored according ever, if anything s h o u 1 d will be on the ballot. . happen, I hope that I shall But the department deto Lt. Swayne Johnson. Even the "token" picket be able to face it intelli· ,clared Ashford sought the Louisville line, which leaders of the gently." ·order closing registration "to Congress of Racial Equality The Jacksons have a five- frustrate the Negro registrahad indicated would con- year-old son, Eric, who would tion drive, thereby perpetuattinue outside the Southwood be the only Negro child en- ing the imbalan ce between City Jobs sales office until the Jack- rolled in a Torrance school. the percentage of Negro and LOUISVILLE, Ky., July 13 sons actually move in, failed But Jackson said no trouble white persons registered in m-Mayor William Cowger to appear Saturday morning. is expected there since the the county." issued an executive order AGREEMENT boy already attends a private - - -today banning discrimina· Wilson's acceptance of the school and will probably not It's Her First tion by contractors doing deposit-and his agreement be enrolled locally. business with the city, ef- to meet other demands of At present, the couple live fective. Aug I. ,the integrationist group - in a rented home in west Los Years In_ an ad~inistrative di- Jwere disclosed F~iday at a Angeles. LONDON, July 13 (A'!-Dr. The Negro salesman, Wil· rective to city department 1press conference m Wilson's heads, the mayor said to- general offices at Gardena. son explained, is already Margaret Murray, n o t e d day a clause will be in· I In his own statement, Wil- employed by him at another Egyptologist and specialist serted in contracts and bid Ison said he had met with of his tracts - but will be on witchcraft, is celebratinvitations requiring con· 1heads of the NAACP and the shifted tn t he future to sell ing her 100th birthday here. Her 90,000-word autobitractors to bar discrimina- United Civil Rights Commit- houses at various t racts tion beca1;1s~ of race, c~eed, t~e F'.riday morning, after he without regard to predomi· ography, "My First Hundred co!o~, religion or national /dismissed charges against 40 nant racial character of the Years," was published· yesongm. me bers of CORE whom he areas. terday. Courts Get Jacks·on Voting Suit PICKETING THE ~ICKETS The p•ICkef 5 V:an1s •h In Torrance Peace . only I Ba ns Bias In 100 1 , 699 public or a provisfon to authorize the attorney general to bring school integration suits. ~mathers said he doesn 't thmk Southern opponents can cond~ct a successful f!li~uster without some Republlcan help. SUMMER SPECIAL FUR RESTYtlNG FREE PICKUP & DELIVERY PL. 3-7351 MANCHEY U22 sq �Uneasy 1orrance Peace Negroes to Move On More .Builders l • REACTION to Marlon Brando's charge of racial bias in movie industry. Page A-2. An uneasy peace hung over the integrationroubled Southwood housing tract of Torrance yesterlay as a Negro family prepared to move into the L_ ouse on which developer·-...C-- - - - - -- - - s on Wilson accepted a ' $500 of tract homes in Southern II] eposit Friday. California," he said. "Those rn who don't agree to inteThere were no pickets at grate will face ·mass deme tract, no demonstrators onstrations an_d picketing." and few sightseers. Other Negro leaders were WIDEN DRIVE jubilant over their "victory" In reality, however, the though, and the Rev. H . H . peace at Southwood was lit- Brookins said the agreement & le more than a temporary reached with Wilson was an µmistice. Attorney Thomas "important breakthrough" in ~eusom of the National As- ending all segregation in this ociation ·tor the Advance- area. ent of Colored People said Wilson, on the other hand, ·s group intends to bring denied that he had ever disressure on other builders, criminated against Negro ow. buyers. "We will start work im"As I h a v e previously mediatel}I on every builder stated," he said, "it has not been and is not my policy to 111111111111111111111111111111111111111111~ discriminate ih the sale of my homes-anc a statement to that effect will be posted in my sales offices from now EXAMINER ~ on." ACCEPTS DEPOSIT ON STORY = ~ e, Page 1, Sedion 11 e, Page 4, Section He accepted the deposit Friday from Negro attorney Odis E Jackson on a single-story, E three · bedroom Southwood B E home priced at $30,000. 5 Jackson s a Id he had B picked the Southwood home = lllllfllllllllllllllllllllllllllllllllllllii (Continued on Paie 8, Cols. 2·3) �~!;:::._~ ~,:;_ t:;f5~~ ~~- 01SEGRE.gf,1i ON FORM UL A By CATHERINE MACKIN Herald-Examiner Correspondent With Hears! Headline service WASHINGTON, July 13- Face the inevitable, obey the courts and get rid of hypocrisy-that's the basic formula followed by Atlanta, Ga., in its progressive march towards peaceful desegregation. Atlanta's mayor, Ivan Allen, has been asked to come here July 26 to t ell Congress how this sys' t ern works. So far, it's proven ver y successful, and in an interview he told why. I In less bhan two years, industrial Atlanta- with a population 40 per cent Negro- has integrated schools, public accommodations and employment with hardly a flurry of discontent. try fo clues to how it's done. "I've heard from people in towns large and small and far too numerous to mention. "They all want to know how we went about it," he said. · Stated simply, it was court orders and voluntary decision. !l"s:~·i::·;~~;:•er c't! "But , despite hese complaints, we ve manageg.. to keep the peace. The hOtel and motel ownHe spoke highly of the ers, for example, met for 15 conduct among both t.he months before they were white and Negro commumties. ready to put a plan into GREAT PATIENCE operation. The chain, variBesides responsible leadety and department stores ership shouldered bY the took only six months. among Atlanta's downto Negroes, he said t hey demtl1eater owners did awa "In Atlanta, we had the onstrated patience "because with discrimination in May, benefit of having a great they knew the effort to de1962, and a year later, ll· deal of educated people in segregate was being made." cial barriers were dropp the Negro community who in the city's fire dep have provided very effecThe white pt>~ple, partir~ ment, the last municip 1 tive and responsible leader- ~ariy th~se with borderagency t o integrate. ship," Mayor Allen said. line feelings, controlled Atlanta's Success Explained CASE OF THE POOLS "On the other hand, the Whites • n Sava nnah SAVANNAH, Ga., July 13 (UP!l- Police tlroke up a prosegregation march today of about 100 whites who were led by a former detective carrying a revolver in his belt. It was the first march of its kind in the nation's racial turmoil which has been marked mainly by demonstrat ions conduct ed by integrationlst groups. NO TROUBLE There were no incidents. The whites, some carrying 1 Confederate flags, dispersed 1 peacefully when a police cap-. tain interrupted the march. They bad walked about three . blocks. The marchers were mostly members of the "Calvacade for White Americans," a local extreme segregationist group headed by Henry Brooks a former detective. Brooks said he carried a revolver because of telephone calls he has received threatening his family and home. The march began from a park in the city's outlying area after Brooks urged about 300 whites present to form a column and proceed to the downtown area. Negroes have conducted r 1 umerous anti . seg r e g at i o n m arches here and earlier this week police used tear gas to I disperse them. , "It's a shame when white people can't do the same things Negroes have been doing," Brooks said. The group returned to the park, piled into automobiles and a pickup truck and then paraded through town with their lights on and honking t heir horns. Crowds gathercri 1 at intesections and applauded them. Pollce mAintalned a close watch on the cars. I DANVILLE, Va., July 13 1,q, picketing by Negro civ I rights demonstra tors kept harried Danville police on the run today. By early evening, 14 pickets had been arrested and jailed. j The arrests stemmed from picketing 1n two downtown departmen~ stores by smal groups of placard-carrying marchers protesting alleged them s e Ives when they discriminatory hiring polimight have spoken or cies white people were willing fough~ against integration, The courts this year he to face up to the problem, he said. The first step took place that if Atlanta's swimmi get rid of their hyprocrisy pools were to open, th in September, 1961, when, The mayor will testify Atlanta is the business and realize the Inevitable. would have to be in before the Senate Com- in accordance with a court grated. On June 12, ti center of the southeast sit· order, Atlanta desegregated merce Committee current"Both white and &Jlored uated in a metropolitan pools did so and without ly holding hearings on the schools. knew the future of the area of 1.1 million. major incident. The following month, depublic accommodations title community depended on Of its 500,000 citizens, Last J une 18, the cit s it." of President Kennedy's civil partment, variety and chain 200,000 are Negro. 18 leading motels and hostores knocked down racial rights package. Throughout the desegretels volunt arily desegre gation mo v ement, there Among the 50.000 regisMayor Allen is hesitant barriers. gated and, a short time lat- have been repeated demon- tered to vote, 45,000 ore to appear boastful in disNegro. In January, 1962, all city er, Atlanta's 2~ major res- strations, but not serious. cussing Atlanta's triumph taurants followed suit. facilities were desegregated. Atlanta has six colleges · over segregation in the ra"We just took down the 'No "There have been some and universities that have cially troubled s outh. Colored' signs," Mayor Al· The city had no mister who thought we went too been traditionally Negro But he did say he has len said. plan for desegregatio11 but fast and others who claimed and of its 6000 city em, been contacted by civic ofin each instance apwopri· we were too slow," the ployes, 32 yper cent are ficials from across the counA voluntary agreement ate committees, usually bi· mayor said. Negro. March 14 More-Danville Jail Creaks racial, were set up to guide the process. J 1-SmaJl-scale I Thus, ittle by little, leaders in tl)e civil rights protest m o v e m e n t which began May 31 approached their declared objective of filling the local jail. Today·s arrests brought to 107 the number of demonstra- tors taken into custody and placed behind bars here since Dr. Martin Luther King Jr. called on Negroes to " fill . iup the jail" last Thursday. Four of those arrested have been released on bond. Six were juveniles and were turned over to their parents. The others refused bail. �To,_ ~M=ay'!!...:::.er~ A~l==l==e:::.n.:=------ -- OFFICE MEMORANDUM From _ _----=B:..1=:..::1=-=ll=---=H=c,..w=l=•= . : n=d- -- Date__Jdy=-=~-=1=9--L. . : --33.____ _ 1 ---=1=9:.. 6' I weuld suggest queting trem the attached edittrial trem tedat's Ceaatitutiea in ,-ur appearaace befe:re the Senate cemmittee • It gives eutside aupperl te ,-.ur aavecatien ef veluntary actien . I weui, alae auggeat queting the ~ er1g1nal declaratien ef the Cimalla Chamber ef' Oemmerce • 2 • The attached ceium. n by Mary McGrery gives seme 1na1ght inte • • et the meat ferthright ambera et tm cemmittee • Hi is a mu whe •••• �I Loi s Henne ssy S~O P i n e,, Goleta , Ca lif ~ ·' M yor Iv a n Allen City of Atlanta Atlant a ,. Georgia �r THE ATLANTA CONSTITUTION For 96 Years The South's Standard Newspaper 1- l, • ' ' • RALPH McGILL, Publisher Established June 16, 1868 Issued da ll y except New Year' s, July ~. La bor Day, Thanks1Uv1ng ana 1,;anstmas . Secona-ciass postage pa id at Atlanta , Georgia . The Atla nta Constitution (mornin g) , a nd The Atlanta .Journal (evening), and The Atlanta Cons titution and The ,Atlanta J ournal (Sunday), publis hed by Atlanta News)>• Pers, Inc., 10 Forsyth St., Atlanta , Georgia, · Page 4 EUGENE PATTERSON, Editor Hoqie-delivered s ubscription r a tes: Morning and Sunday. or evening and Sunday. l week. 50c. Morning or evening dail y only. l week, 30c. Morning. eve n.ins: and Sunday (1 3 issues), 1 week, 80c. Subscription prices by mail on r equest. Single copies: DailY, Sc ; Sunday, 20c, plus 3% saJes tax on sales and del iveries made within th e slate of Georgia. FRIDAY, JULY 19, 1963 r ·here Are Right and Wrong Reasons For Opposing the Civil Rights Bill Sen. Richard B . Russell's origin al op p osition to t he P resident's civil r ights bill belabor ed t he pr oposed cure--legisla tion - but ignored the ill-€xistence of Neg ro grievances. In a televi ion i nterview h e h as now , stated t hat h e is "well aware that we're , livin g in a social revolution." It seems to us this a step forward by h im toward the higher ground of recogn izing th at a p ro blem exi ts. The other half of the question still remains, h owever : What t o do about t he problem? Th e opponents of the President's bill ' in Congress w ill not have a stron g arg u' ment if-though t hey recognize exi stence of the national problem he i trying t o cope with-they avoid an y resp onsibility of th eir own for helpin g olve it. Much of t he Sou thern congressional opposition to t he bill is ba sed on ju t such an aveidance of responsibility, emptying the arguments to a large extent. The implication is th at even though a problem is conceded to exist, the Southerner in Congress is willing to block the P r esident's effort to do omething abo ut it while in turn offerin g the alternative of doing nothing about it. It i:eems to us this p os ition is 180 degr ees opposed and 100 per cent weake r than the position taken by the Boar d of the Atlanta Ch a mber of Commerce in i1s own r esolu tion opposing p assage of ~e P resident's bill. * * The Chamber opposition is b ased neith er on den ying that a problem exi ts n or upon the altern ative of doin g nothing a bout solvin g it. On . t he contrary, the Ch amber couples its opposition to the legi lation with a specific and fort hright alternative solu tion-volun tary p rogress in stead of com pelled progre s. Li ke Sen . Russell, the Chamber ~ oard fo und tl-1.e pu blic accommodations portion of the bill to be " particularly objectionable" b ecause it would b ring intru sion of futther federal reg ulation int o private property. But unli ke Sen. Rus ell, t he Chamber Boar d reiterated an alternative t o the legisla tion; it appealed " t o all businesses soliciting bu sine s from the general public to do so without regard to race, color or creed ," solving volu ntarily a p roblem w hose sol ution it does not want t o see federally com pelled. A tlanta itself is an example of a city t hat does not need the P re ident's pro posed law because it is recognizing the p roblem and solving it voluntaril y. T his, it seems t o u s, is the right reason for opposing the p ublic accommodations bill. If the Southern opposit ion to the bill in Congress would move up to this position which has already been taken at home, then i t seems to us the arguments would be geeatly strengthened, the solution of racial problems would be considerably advanced , and the dignit · and r eputation of the South would be better served. h l1 �M __,_ tt__•y____._c~ Sen. l-lart Shifts tlie Ground, Puts ~ ife Into R ights Heari·n g WASHINGTON- The Negro spiritual goes : " Everybody talkin' 'bout Heaven, Ain't going ther~Heaven." WeH, they were talking about Heaven at, of aN places, the civil rights bearing before the Senate Commerce Committee. And because one was a liberal Demorcratic senator from Michigan and the other was the segregationist go\·ernor of Alabam a they couldn't agree on whether in paradise there would be separate but equal faciliUes for the races. Gov. Wallace stmck bhe ce" I think there is one and in Heaven will be like," he said lestial chord first and later obfact I know there is one. I ber eprovingly. viously wished he hadn't. lieve be made the whole human The governor had for two days family and be loves all manThe pugnacious, pug-no ed been freely predicting what would kind, and any man who would governor had had a happy happen here if the Senate mistreat anyone on account of morning twanging out easy anpassed the civil rights bill. He his color, I feel sorry for swers to easy questions played had admonished the Defense them." ,to him lzy like-minded Sen. department to look away from Thurmond, Democrat of South Any other man would have Dixie. He had prophesied a arolina. said "amen" to that, but Sen. white uprising and the end of "Governor," asked the sena- Hart is highly unconventional the free enterprise system. tor , "Do you believe in equal and he promptly put to Wallace But Hart's shifting of the opportunity for all men, be they the most arresting question yet ground to the hereafter put him heard in the repetitious hearwhite, black or tan?" off. His code does not permit ings. "Of course I do," the govhim to speculate, as Hart in" What will Heaven be like? ernor came in. And then his vited him to do, about the eatWill it be segregated?" thoughts, you might say, soared. ing facilities in Heaven, proWallace was plainly shocked. "I am not one of these invided the human family does "I don't think that you or I, tellectuals who thinks there is eat in eternity. either one, knows exactly what no God," he said with pride. He said stiffly be thought that segregation on earth was i11 th e best interests of both races . If Hart nettled the governor witl1 his theology, he confused him with his open-mindedness. He admitted he didn't lmow sometlbing, which Wallace would never do. He said be didn't. know what a Negro parent would do if be were a member of the Armed For ces who had grown up in the North and were assigned to the South and had to explain local conditions to his children. Hart asked to be excu ed fo r fur ther civil r ights duty downstairs in the auditorium where a large crowd and the Senate J udiciary Committee, of which he is also a member, had gathered to hear the attorney general. After some inaudible exchanges about whether the Southern senators should be heard first, it was decided that Mr. Kennedy should go back to the J ustice department while the committee heard the views of Sen. Ervin, Democrat of North Carolina . Hart came through loud and clear on I.he auditorium 's chancy amplifying system. He said : "We came closer to disaster in Birmingham than in Cuba." If he keeps up the performance of the past week, Hart may prove that a man need e neither a windbag nor a demagogue to make a name for him · self in the troubled fi eld o! ci\' il r ights. �r- (/1ue(_ e rf l ~ £ ~ ·1 963 CONGRESSIONAL RECORD- SENATE 18207 petition from a race whose increasing education would refute t he dogma of its Innate !nferlorlty h a ve inhibited the atta inment of justice. Impa t ience ls due in p art to the fa ct tha t some Negroes h ave att ain ed a c ollege educa tion. Thus there is n ow a n ar ticulate core to voice the lon gings of the voiceless m asses. They h a ve p erformed the s am e service for their r ace a s t h e artlcula te craftsm en p (lrformed for the peasants at the b irth of d embcr a cy in the 17th cen tury. Moreover, they have given evidence, particularly in the realm of sp orts a nd the arts , in theater a nd concert ball, a nd in the n ovel that the vicious theory of their Innate inferiority ls a NEED F OR EFFECTIVE CIVIL RIGHTS f raud. Their leaders in these fields h a ve LEGISLATION spa rked the flame of the present r evolt as Mr. H UMPHREY. Mr. P residen t, I much as the students d id with their orlgask unanimous consent th at t wo r ecent lna.l sit-Ins a t the lunch counters and t h e ir !reed.om rides. articles reportin g import ant statements on the n eed for effective civil rights Since the r ecord of the white P rotestant Ch u rch, except for a f ew h eroic s_pirts, ls legislation from outstanding church sh ameful , .one m ust record wlth gra titud e leaders be printed in the R ECORD at the that Negro ch urchlnen h a ve been consp icuconclusion of m y rem arks. The first of ous among the l ea ders of the revolt. The these articles, Mr. President, is taken Negro church in the person of Dr . Martin from the August 31, 1963, issue of t h e Luther King h as valida ted itself in the llfe of the Negroes and of the Na tion. New York Times and r eports an action The impa tience of the Negro will not subtaken by the Methodist Conference on side until the l ast vestiges of legal a nd cusuman Relations at a n ational meetin g tomary inequality h ave b een r emoved . Revof 1,100 delegates representing 10 milolutions do n ot stop h alf way. The n ext lion Methodists. That statement called step has been .outlined by the President's for Federal and State laws "that wm new legisla tive program , which ls the n a tuopen all facilities serving the general r al fruit of the lncreaslng tension of wh at public to au· persons without r egard t o he b as d efined as our "moral crises." The legisl ative progra m as proposed seeks ra ce." Equally as important it called to outlaw d lscrlinlnation 1n a ll priva te com upon all of the churches wi thin the demercial ventures on the b asis of the 14th n omination to make certain tha t n either amendment a nd the intersta te commer ce their good name nor their funds be used clause of t he Consti tution. It will not p ass in any way to permit racial discr imina without a grea t p olitica l struggle . If su ction. This is a very far -r each in g policy cessful it migh t p ut t he legisla t ive ca p s tone and one that should be both commended .on the emancipation of the rnce. But t he r e trea t ing white suprem acists are increasingand copied by others. The other article, Mr. Presiden t. taken (From Christianit y and Crisis , July 8, 1963] ly desp erate. Their murders, their p olice d ogs a n d their t error h a ve con t r ib u t ed as f rom the July 8, 1963, issue of ChrisTHE MOUNTING RACIAL CRISIS much to the m ou nting ten sion as the impa tianity and Crisis, is an excellent stateThe sim plest explanation for t he Increas- tience of the Negroes. We are, 1n short, conm ent on the importance of congressional ingly urgent d em onstrations of t he Negroes fronted with the ult imate , or a t leBBt p enulaction on civil r ights. It is t ypical of agains t disfranch isement, s egregation 1n t imate, cha p ter in the lon g h istory .of overthe growing sent iment among church- school and church , lun ch counter an d public com ing the Amerlca.n dilemma . men of all faiths. This statem ent is not c onveyance, and against every public custom Of course la ws ca nnot fina lly change t he affronts t h e dignity of the hum an b eing,' recal citrant. Their prejudices dictate cusbased upon self-interest . It is not based tlshat tha t the Negro fee ls-as we al l ought to toms tha t a re a t war with the explicit law upon group interest. It is based upon f eel-tha t a century ls a long time to wa it n ation al interest and upon moral for the ellmlnatlon of the "American dllem- of t h e land a nd t h e law t h a t Is written in to the h eart. These prej udices are, in the Ia n - . grounds. What we do h ere 1n the weeks m a." guage of St. P a ul, "an other law In m y m em Discriminations agains t a r a ce In the pres- bers warring against the l ay., .of my m i nd.' immediat ely ahead is going to be watched ent historical context a r e as .offen sive to the closely by these good people. They h ave One ca n only h ope t h a t t h e church will be chosen the standard of their measure. conscience of m a n a nd as unbea rable to t he mor e effective In restr aining and transm u t v ictims of discrimin ation as sla very was in It is not put in terms of dollar limits or i ts d ay. If we r ecogn ize tha t the present ing these vagr a n t a nd r eca lcitrant p assions the n umber of stores 1n the ch ain or the situ a tion ls mor e u n b earable to the vict ims of m a n tha n it h as b een in the p a.st. The t ype of public service. It is put in terms of injustice tha n i t ls offen s ive t o t h e con- cont r ibution of Roma n Catholicism Is a n of equal treatment of all cit izens with out science of m en , we a re confronted by the other s tory. Protes tants might begin the n ew ch a p regard to race. I hope and pray that h ardness of the human h eart, even a mon g terWe in our nat ion a l life b y contritely confeswe will h ave the good sense to write a those whose h ear ts h a ve b een s oftened by · sing t h a t evan gelical Chrlstla nlty b as failed h uma n sympa thy and the st irrings of con- to contribu te slgnlflcantj.y to the solution of bill that will meet this test. There being no objection, th e articles science. Try a s we wUl we c a nnot feel the the gra vest social Issue and evil thnt our Na t ion h as confron ted sin ce sl avery . were ordered to be printed in th e REcoRD, p a in of others a s vlvld1y a s they d o. If we should s till find it a m yst ery tha t RN . as follows : this burs t of r esentm ent h as com e in a [From t he New York Times, Aug. 31, 1963 ) p eriod in which the lee of the long Winter METHODISTS B ACK CIVIL RIGHTS P LAN-WOULD of injustice ls brea k ing-after the Sup reme ] F EASIBILITY OF ADOPTING THE BAN DISCRIMINATION B Y THOSE SERVIN G Court d ecision on segregated sch ools h as METRIC SYSTEM OF WEIG HTS PUBLIC g iven urun!stak a ble evid en ce that t h e law AND MEASURES CHICAGO, August 30 .-The Methodist Con - .of the Nation ls now unequi voca lly on the Mr. PELL. Mr. P resident, on Tuesference on H uman R elatl6ns called today for sid e of justice and durin g a n ad ministration < z Pct. 70 68 Pct. 30 100 100 100 100 100 100 100 100 100 100 100 8 2 0 3 2 17 12 0 0 0 0 0 0 0 0 0 0 0 Pct. 100 100 98 100 98 100 100 100 100 100 100 100 100 100 100 100 92 100 100 9li . Ii 99 119 88 66 00 78 77 62 46 100 100 100 100 100 75 63 00 75 100 100 32 44 00 22 23 38 54 0 0 0 0 0 25 38 50 25 0 0 31 ~ !l -- .!3 .,., >< 00 63 - 70 .!3 ru 13' ! 0 z Pct. Pct. Pct. 59 63 o/ 44 63 o/ 39 71 29 67 67 33 36 16 85 52 62 38 60 31 69 52 36 04 60 100 0 00 03 7 22 13 88 31 'n 73 00 100 0 40 75 25 6~ 67 33 67 33 67 31 23 77 46 60 40 411 .. .. .!3 38 gJ >< 0 z j 1 Physics 2 Chemistry 3 M athematics 4 C lvll engloeerlng 5 Electr ical englnL-crlng 6 7 8 9 10 11 12 Mechanical englneerlng Geology Aerod ynamics Medical Pharmacology R esearch scientist M etallurgy --30 00 0 0 ,oj -- - - - - - - -- - - --- 6 94 00 18 B iology 14 Pbotogrammel ry 16 16 17 18 .; - Pct. P ct. Pd. Pd. Pct. P ct. P ct. P d . Pct. 87 19 16 99 13 00 30 35 97 91 18 92 9 00 08 92 48 25 3 97 07 39 97 08 09 4.3 98 4,1 11 100 0 100 100 44 100 00 61 6 94 37 15 14 63 34 99 92 42 13 08 94 00 37 100 8 91 23 100 9 97 29 09 40 100 100 41 4 00 00 4l 15 03 100 100 0 100 100 17 17 00 67 100 100 0 100 93 59 05 16 20 100 11 17 89 0 100 100 50 22 100 69 40 10 17 85 0 100 33 100 100 67 17 17 100 0 100 100 00 18 80 0 100 100 28 03 53 100 92 00 32 4 00 24 16 96 28 100 100 11 44 11 0 100 100 33 100 0 100 100 16 58 20 100 06 91 91 80 91 46 06 16 20 33 0 100 100 39 100 100 Oil 14 89 l K cy to prolesslons. o Others (locludlng not ldentlfied ) Sponsorship (qu estion 9) Geography M eteorology T eacblug Oceanography 39 - - -- 14.- -12 85 98 �with ratton l cours , With mut u al tru s and, t herefore, with joy and gratefulness f or the gift of llfe....- /1.tWA J.5 ,{,~ "',i,;ii IADMINISTRATION'S CIVIL RIGHTS BILL Mr. TALMADGE. Mr. President, never before in the history of the United States--indeed , not in th e history of any free and civilized people-has such vicious legislation been proposed as that part of the administration's so-called .,__ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ civil rights bill which would enable tt Federal Gover nment to excommunica sov n Stat es, to in effect, bani them from the Union. RESSIONAL RECORD - SENA" • I refer to title VI of the VU rights cancer, and mental health could suddenly bill now peDd!nS before this body, s. be cut off. The ultimate effect of this iniquitous 1731, wht reads In part as follows : Notwl.thstandinit anv l;)MTUiOD to the con- proposal would be to destroy our repubtrary In any law of the Unlt ed State. pro- lican form of government. Power to expend the funds it approprividing or authorizing direct or Indirect 11.n anclal !1861stance f or or In connect ion with ated would be wrested from the Congress any program or activity by way o! grant, and handed over to the Executive. ontract, loan, insurance, guaranty, or otherSovereign States would have to toe the wise, no such law shall be Interpreted as re- administration line. quiring that such financial assistan ce shall I submit, Mr. President, that title VI e f urnished In circumst ances under which Individuals participatin g ln or b enefiting is totally unjustified and unwise, as the resident himself said last April, when f rom the program or activity are discriminated a gainst on the ground of r ace, color, the Civil Rights Commission suggested religion, or n ational origin or are denied par- that Federal funds be denied Mississippi. t icipation or benefits therein on the ground He said: of race, color, religion, or national origin. I don't h a ve an y p ower to cut off the a id in the way proposed by the Civil Rights comUnder this provision. Mr. President, mission, a nd I would think that It would the executive branch of our Government proba bly be unwise to give the..Presldent of would be given carte blanche authority the Unit ed States tha t kl.nd of power. to withhold Federal funds paid to the I favor the full enjoyment of every States in grants-in-aid programs or to cancel F ederal financial participation in American citizen of all-righ t s guaranteed contracts, loans, insurance, and guaran- him by the Constitution. I know of no one who has claimed a deprivation of t ees. Without any notice, without any hear- rights who has gone to court under existing, without a judicial proceeding of any ing statutes and has not had his rights kind, and without any appeal or other granted him In full. But I do not believe that a certain privsafeguard against abuse, entire States could be starved out of the Federal ileged group should be granted special rights and benefits to the extent that the Treasury. By alleging discrimination In connec- rights of others are lost. And, it is my opinion, Mr. President, tion with any Federal aid program, the Executive would have unrestrained con-· that a majority of the citizens of the trol over the expenditure of funds appro- United States share this view. priated by the Congress for direct or Indirect assistance to the States. No court test to determine whether GOVERNMENT LOSSES OF AGRICULTURAL COMMODITIES-REdiscrimination was actually being pracFINED SALAD OIL t iced would be required. This proposal is so broad that whole Mr. WILLIAMS of Delaware. Mr. States could be punished for voting · President, on July 16, 1963, I called the wrong, if disc1imlnation were alleged as attention of the Senate to the fact that under Public Law '480 our Government an excuse. Title VI is aimed of course at the h ad entered into a barter agreement with States of the South. in a brazen attempt Austria for the disposal of 40 million to legislate social reform and to black- bushels of feed grains but that out of mail law-abiding citizens to go against this 40 million bushels only approxii that which they believe to be in the best · mately 16 million bushels ever anived 17 interests of everyone. Austria, and the other 24 million bush/ However, I would emphasize that no were diverted while en route, destinatJ State in the Union would be secure unknown. against the wrath, whims or caprices of Just how our Government could a Federal bureaucrat armed with the un- track of 24 million bushels of grain limited power of title VI. .A 3-year period without someone kl A person of oriental or Mexican de- Ing it, is as yet unexplained. scent, for example, could apply for a bank To determine who, if anyone, • loan in California or a highway job in Arizona, and be refused as a poor credit our Government officials or the ex, may have been a part of the co, risk or as not competent for the job. On the basis of a claim of discrimina- to arrange this illegal transacV tion, a Federal official could cause the traduced Sena te Resolution 17 / cancellat ion of all FDIC insurance on all pose of which was to cond California banks or the loss of all Fed- scale investigation of all eral high way funds for th e entire State under Public Law 480. The Government of / of Arizona. By the same token, the citizens of already indicted seven pJ whole States receiving welfare benefits viduals for their part in t could be denied their old-age assistance version of 24 million bush did not see how this fl' or aid to the disabled. Needy children could be deprived of been perpetrated with food they now r eceive under the school this side of the Atla thus far the Senate AJ lunch program. Civil defense programs, so vital to the tee has not seen fit w security of our country, could be halted lution authorizing th Today t wish to in States which lost the favor of some ample of a loose tral Federal bureaucrat. States could be denied Federal aid In digposal of a gric hospital construction; funds for research This transaction lik in such critical areas as heart disease, questions as to the p , 1 �GRESSIONAL RECORD - APPENDIX his efforts t.o strengthen and stabilize · t he government. The basic objectives of Indonesia's domest ic policy are to mold the Indonesian people into a great nation, to develop the country's resources, and to improve the living conditions by giving the Indonesian people a greater share· in t he benefits of an expanding economy. h Indonesia's potential for economic developmen t is great. There are large areas of land that have not yet been developed agriculturally, and the islands a re rich in untapped mineral r esources such as petroleum, tin, and bauxite. An 8-year plan for economic growth was launched in J anuary 1961 as a blueprint for Indonesian development. · The Unit ed States has had an interest in Indonesia from the very outset. The United States played an important role 1n helping Indonesia negotiate its freedom from Dutch rule, and it has continued to encourage the development of n a stable and democratic country. The a American foreign aid program h as f helped t.o strengthen .t he Indonesian e economy and to improve the living conditions of its people. The two countries f have established a long record of coopera tion and friendship. On the occasion of the 18th anniversary of Indonesian independence, the United States takes t he opportunity to express its desire to maintain close and cordial r elations with Indonesia on a basis of mutual respect. r. Civil Rights Resolutions EXTENSION OF REMARKS OP HON. ROBERT DOLE OP KANSAS IN THE HOUSE OF R EPRESENTATIVES Thur sday, August 15, 1963 Mr. DOLE. Mr. Speaker, I am certain the "Resolutions Adopted by the House of Bishops, P r otestant Episcopal Church , T oronto, Ontario, August 12, 1963," will e be of interest t.o Members. These imti portant r esolutions were brought to my attention by the Rev. William E. Craig, direct.or, St. Francis Boys' Home, Salina a nd Ellswor th, Kans., who is sincerely concerned with the rights and needs of a all minority groups. ' t ~ , t .Resolved, That t he House of Bishops of the Protestant Episcopal Church urges the Congress of t h e United States t o pass such civil rights legislation as sh all fairly and effectively implem ent both the established rlght.s and the n eeds of all minority groups in ed1,1cation, voting r ight.a. h ousin g, em ployment opportunities, and access to places of public accommodation. .Resolved, That the Hou se of Bishops of the Protestant E piscopal Chu rch, mindful of the Church Assembly to be held in Washington, D.C., on August 28, 1963, in coop eration with the March on Washington for J obs and Freedom, (a) recognizes not only the right of free citizens t o peacefu l assemblage for the redress of grievan ces, but also t h at participation in such an assemblnge is a proper expression of Christian Witness and obedience; . (b) welcomes the responsible discipleship which imp els many of our bishops, clergy, and laity to take part in such ·! 9 I · d iy n A5219 an assem blage and supports them !Ully; (c ) prays that t hrough iiuch ~ aceful assemb lage citizens of all races may bring b efore t h e Government for appropria te and competent action the critica l and agonizing problems posed to our Na tion b y r acial d iscrimination 1n employment, in access to places of public accom modation , In politica l righ ts, in education, an d housing . .Resolved, That t h e House of Bishops of the Protestant Episcopal Church commends to all p eople t he Presiding Bishop's letter d ated Whitsunday 1963, as appr opr iate and h elpf ul 1n t h e present r acial crisis; a nd that we su pport the Presiding Bishop In t h is wise and timely expr ession of Christian lead ersh ip. Call to Political Duty EXTENSION OF REMARKS OF HON. FRED SCHWENGEL O F IOWA I N THE HOUSE OF R EPRESENTATIVES Thur sday, Au gust 15, 1963 Mr. SCHWENGEL. Mr. Speaker, in his keynote speech t.o the workshop meeting of the Republican Citizens Committee not long ago Gen. Dwight D. Eisenhower called strongly upon "political amateurs" to participate in politics. This call is well worth remembering and pondering for the vast majority of cit izens who find it so much easier t.o sit back and do nothing and then complain because they are not governed as they would like t.o be. History plainly indicates that democracies remain strong only so long as their citizens remain actively interested in their governments. Therefore, I call the attention of every citizen t o former President Eisenhower 's r emarks in the article from the Saturday Evening Post of August 10, 1963, which follows below : / A C ALL T O POLITICAL DUTY After a n illustrious career in pu b lic service, no one would criticize Gen. Dwigh t D. Eisenhower if h e decided to take it easy in h is r etirem ent. But t h e former President seems to b e going stron ger than ever. Recen t ly he has shown a zest for close political com b a t unlike a nything that he sh owed during h is "active" career. Not Jong a go a grou p of distinguished Republicans from all sections of t he country gathered a t Hershey, P a., :for a worksh op meeting of the Repu blican Citizens Commit tee. General Eisenhower delivered the keynote speech. He let the New Frontier h ave It. Duty "requires t h at we call the roll, clear and loud on the opposit ion's record. he said , "the sorry record that stands n aked to beh old, when the cunningly manipula ted ven eer of imagery 1s peeled off . • • • For t he sake of its fu t ure , the American elect ora te • • • sh ould become fully aware of the polltical connivance t h at is a way of political life f or t hose who avidly seek power at any cost--and h aving won it, r each out for more and more." The m ain thrust of General Eisenhower's sp eech was a call for m assive p articipation by Republican-oriented citizens in the camp aign of 1964. "I h ope t his town m eeting is the forerunner of many, m any more across the cou ntry by different citizens' groups, all of wh ich make t h eir contribution toward the growth of R ep u blican ism ," he said . " Poli tical •amateurs,' " he added , " bring verse , sparkle and fresh ideas which p erk up a �CON GRESSIONAL RECORD - APPEND]j A 5220 political p arty the way a well-_a dvertlsed medicine d oes tired b lood. Many of today's fl.nest p ublic officials and party organization lead ers were yester day's 'political amateurs.' ~ The gen er al speaks from experience. "Dedicat ed nonprofessionals," he said, " were to a considerable extent responsible for my decision in 1952 to enter the political arena." We h eartily endor se Genera l Eisenhower's call for massive Republican citizen participation in the coming campaign. The socalled amateurs can give the party somet h ing that the tired. p arty pros seem unable to supply-a renewed energy and a h efty injection of Idealism. Perhaps the "a m a teurs" will even uncover a Republican can didate who will give J ack K ennedy a run for his money in 1964. Trotters Shoals EXTENSION OF REMARKS ma.nent Jobs. The plant will purchase $9 million worth of pulpwood a year which wm create another 1,850 jobs. The plant will pay $3.8 million a year 1n local, State and Federal taxes (not counting the taxes which the new workers will p ay.) 2 . Duke Power Co. will employ 1,000 workers in the con struction o! an electric steamplant a t t h e site which will create 135 p erma nent jobs. The fiteamplant (which wm genera te 24 times as much electricity as the Federal da m) will purchase $25 million worth of coal a year which win create more new jobs in the m ining ind\J-5try. The investorowned steamplant will pay $13 million a year in local, State, and Federa l taxes. As a matter of "heart," which would do more for the m ost people, t h e Federal Government or private enterprise ?- Mr. DORN'._ Mr. Speaker , th e textile industry is the leading industry in the Carolinas IJJld Georgia. This great industry, the very backbone of our econ omy, must never become dependen t upon the Federal Government for its power. Another Federal Government dam a t Trotter Shoals on the Savannah River would give the Federal Government a complete monopoly over that great river. If the Federal Governmen t controls power and water, it will control people and t heir employment. The following editorial. is from t he August 3, 1963 issue of South ern Textile News : PRIVATE VERSUS SOCIALIZED POWER With the textile Industry's vital interest in taxes and electrical power, clooe watch should be k ept on proposals for Uncle Sam t o construct the Trotter Shoals Dam on t he Savannah River in South Carolina r ather than for private enterprise. This is not of Interest just to South Carolin la.ns, but has far-sweeping interests to all taxpayers. The pseudoUberals, whatever par ty label they wear, like to call themselves "The party with a heart," or "The party of the people." This infers that conservatives a re heartless and unconcerned with people. But close exam1na~ton of the d octrine and programs of the· liberals often discloses that, either their heart is blind or they are more interested in power than people. This is illustrated In the Trotter Shoals project. As a matter of heart, the liberals argue that all of the natural resources of the Nation "belong to all the people." This is the argument they use to ju&tlfy Federal construction of hydroelectric dams, notwithstanding the fact that Federal electricity Is sold at cutrate prices to only a f avored few of the people. Speclfically, this is the argument behind Interior Secretary Udall's demand that Uncle Sam, rather than private enterprise, construct the $78.7 million Trotter Shoals Dam, a project which would remove 22,000 acres of land from State and locnl tax rolls. Would Federal construction of this dam help "all the people?" Here 1s what Is ln store for this area. (and other areas in time) if the Government does not build the dam: 1. The Mend Corp. will employ 1,400 workers in the construction of a $40 million plant at the site which will create 650 per- Fe non n at i Al ! or sion PreE dlfflc Geri U! aggr NA'l wou 'll'l.aD American People? EXTENSION OF REMARKS !nfd Is Pres.ident Kennedy Afraid '.fo Trust the OF OF SOUTH CAROLINA IN THE HOUSE OF REPRESENTATIVES Thursday, August 15, 1963 Gen the a Cc trie1 r eco L~ vidu arra sign Gen OF HON. W. J. BRYAN DORN mil! HON. BRUCE ALGER Nj K en Mosl Tl OF TEXAS proo IN THE HOUSE OF REPRESENTATIVES W ednesday, August 14, 1963" WOU Mr. ALGER. Mr. Speaker, why does Presiden t Kennedy refuse to trust the American people ? Why does be enter into secret negotiations with Khrushchev? What has he promised Khrushchev? Who is calling the shots, our President or th e Soviet dictator ? It is time the American people know Just wha t President Kennedy has in mind for t hem and wh at kind of country b e intends to'leave for our children. The r eports of secret agreements reached with Khrushchev should fill us with fearful foreboding. It seems to me Congr ess should dem and a full explan ation to the questions r aised in the following article from the Washington World of August 19, written by Robert S. Allen and Paul Scott. Even Averell Har riman , famous for his negotiations with the R ussians, says our goals and theirs ate absolutely irreconcilable. Therefore, any agreements acceptable to Khrushchev must be against the best interest of the United States. The ar ticle follows : KENNEDY AND KHRUSHCHEv MUCH CLOSER ON AGREEMENT THAN STATEMENTS INDICATE (By Robert S. Allen and Pau l Scott) President Kennedy and Premier Khrushchev are much closer to a step-by-step agreement on a nonagresslon p act between the West and· the Soviet block than their public statements Indicate. In fact, they already have reached an u nderstanding in their exchange of letters on a plan for a piecemeal approach to cope with the opposition of West Germany and France. SCHEDULE OF this Rj posE men andi cont incl) ~on sign I SPtl ma1 leai edi1 by] AUi I sorn ato1 d en ficll triri TALKS Under this Kennedy-Khrushchev strategy, the following "escalator procedure" will be pursued In the "second round" of negotiations underway in Moscow: Exchange of military missions between the North Atlantic Treaty Orgnnizatlon and the Warsaw Pact, the Iron Curtain military alliance. Resumption of discussions on the security of West Berlin and !ts access routes. A joint declaration to be signed by the 193 tric va �I . 14026 CONGRESSIONAL RECORD - SENATE cally h elpful effect on numerous menThe PRESIDING OFFICER. Without' tally ill people. obj ection, it is so ordered. I personally had reservations concernMr. MORSE. Mr. President, I ask ing the application of this program on unanimous consent that the n ame of the Indian reservations. But on the same Senator from Vermont [Mr. PROUTY] trip we went into the largest Sioux In- may be added as a cosponsor of S . 1801, dian Reservation, and there we learned to effectuate the provisions of the sixth again how even a few "seedmen" volun- amendment of the U.S . Constitution reteers can, with their good will, inspira- quiting that defendants in criminal cases tion, and enthusiasm, perform-practical be-given' the right to a speedy trial; and measures to help in the almost unbe- S. 1802, to protect the integrity of the lievable poverty, in all departments, on comt and jury functions in criminal Indian reservations. cases, which I introduced on June 26. Our committee, which has dealt with The PRESIDING OFFICER. Without migratory labor problems, has seen over obj ection, it is so ordered. the years how a few volunteers in migraMr. MORSE. Mr. President, although tory labor camps can do so much to b1ing all these bills have been printed, the a bit of needed education to the youngs- n ames of ·the additional · cosponsors will ters--and perhaps even to the adt,llts. be included at the next printing. They· can provide nursery day care for Mr. JAVITS. Mr. President, will the the very young, and assist in state health Senator yield? and sanitation projects also. Mr. WILLIAMS of New Jersey. I yield. I hope all Senators will have an opMr. JAVITS. The Senator from Oreportunity to look over the hearing rec- gon has joined me in his bill to prevent ord and note the unanimity of views Federal funds from being utilized for across the country of people with know!- State programs which are segregated. I edge in the field of social problems. would like to say a word on the subject, More than 50 organizations have •enthu- because it is becoming quite a raging lssiastically endorsed the bill. They are sue. I have joined the Senator from all listed in the hearings record and Oregon on his ·bill, just as I joined my on pages 12 to 14 of the committee report. colleague [Mr. KEATING] on his amendIt is significant that those who are most ment to the omnibus civil rights bill knowledgeable in social work have been along these lines, because I feel very most articulate and strong in their en- deeply that the only hope for civil rights dorsement. legislation is in bipartisanship; and I Among the groups, church people are want to do everything I humanly can to prominent. They are hopeful that the demonstrate by act and deed my deep legislation will be passed, and that we feeling on that score. shall be able to spark, through volunNeither side alone has the votes to pass teers, an even greater community re- civil rights legislation. In my opinion, it sponse to severe human needs and prob- is a fact that, in every way open to us, !ems_ we shall need to keep this bipartisan Mr. JAVITS. Mr. President, will the coalition together so that we may ultiSenator yield fmther? mately get somewhere. The PRESIDING OFFICER (Mr. I hope very much-and I know how PROXMIRE in the chair). Does the Sen- the Senator from Oregon feels about this, ator yield? but I am putting it in words-that all Mr. WILLIAMS of New J ersey. I an_i Members on both sides of the aisle will happy to yield. keep very clearly in mind that this is a Mr. JAVITS . I join the Senator in burning issue on the domestic scene-as the sentiments he has expressed. if the burning an issue as is nuclear testing on bill is enacted into law I hope the Presi- the international scene. The only way dent, in considering the appointment of we .are going to get .anyWhere is by keepa Director for the National service ing the goal very clear . Call it nonparCorps, will keep in mind the very excel- · !'tisan or bipartisan , the fact is that lent example of comple. tely nonpartisan neither side alone h as the votes, and we leadership-as high minded as that of must be together on the issue. those who serve-which has. been so Mr. MORSE. Mr. President, will the heavily responsible, in my opinion, for Senator from New Jersey yield to me a moment? the success of the Peace Corps. I thank my colleague. Mr. WILLIAMS of New Jersey. I yield. "-Mr. MORSE. In connection with what CIVIl, RIGHTS-ADDITIONAL - \ ~he Senator from New _York 1:as 58:id, _lt 1s an honor to be associated with hun m COSPONSORS OF BILLS his advocacy of civ11 rights legislation. I Mr. MORSE. Mr. President, will the know of no peer of the Senator from New enator yield? York in the civil rights legislation field. Mr. WILLIAMS of New Jersey. I am But I would have my colleagues take note appy to yield. of the fact that what my bill seeks to acMr. MORSE. Mr. President, I ask complish is to prevent the Federal Govanimous consent that the name of the ernmeiit from violating the law. If one Senator from New York [Mr. JAVITSl of us were to ask a Senator to join him may be added as a cosponsor of S . 1665, in an illegal act, the Senator who was to require that all State or local pro- asked would look askance and be horror grams supported with Federal funds 1 strlcken. But Members of this body, shall be administered and executed with- every time they vote for Federal funds out regard to the race or color of the for projects involving segregation, in my participants and beneficiaries, which I opinion, a.re guilty of perpetrating an iiintroduced on June 4. legal act, for 9 years ago the Supreme I August 13 Court declared segregation to be unconstitutional, and therefore illegal. Yet we sit here in the Senate, on bill after bill, and vote millions of dollars of Federal taxpayers to continue an illegality. It is about time that we put Members of the Senate on the spot, and the senior Senator from Oregon intends to ..do it. He intends to go from coast to coast to call the roll of Members of the Senate who continue to vote to expend illegally Federa! taxpayers' money and who continue an unconstitutional act on the part of the Congress. Members will not be asked to vote on this issue program by program, but on the whole broad issue of funds going into segregated programs and a ctivities. This issue is becoming one on which we can no longer do any dillydallying. The issue is whether or not the Congress will keep faith with its right hand when its Members take the oath in this body to uphold the law. We cannot justify the appropriation of moneys for the continuation of Federal projects in which there is segregation. Let the people speak in respect to· the rollcall that will be made in the Morse bill and similar proposals that seek to bring to an end the illegality that now exists in this country and that has characte1ized the treatment of civil rights in Federal programs. As the Senator from New York has heard me say before, the time has come for the white people of Ame1ica to deliver the Constitution of the United States to the colored people of America ; and I do not intend any longer to sit h ere and permit politicians to get by with what they have been getting by for years in the Senate and covering it with the alibi, when they get back home, "It is the best we could do." I will tell Senators what the best we can do is. It is to act in accordance with the law; and the Supreme Court has made perfectl_y clear that segregation is unconstitutional. I · intend to do what I can to take that record across this Republic in the months ahead, before the election of 1964. I do not care whether a Senator is a Republican or a Democrat--he ought to be beaten for reelection in 1964-others will be up for reelection in 1966 and others in 1968-if he does not uphold the law as laid down by the Supreme Court. Mr, JAVITS. Mr. President, if the Senator will yield, I have done precisely t h at, as recen,tly as last Wednesday in connection with the Labor-HEW appropriations bill. The reason I made the comment about bipartisanship is that I had the feeling that Members of Congress, when they vote, have an idea that party loyalty requires them to stand by the administration-it might have happened just as well on our side of the aisle if .our party were in the majority-and that they have to stand by and vote to table this kind of amendment. I think the Senator from Oregon has, with his eloquence and warmth, highlighted what I have tried to do, but which I am delighted to join him in highlighting-the fact that, of all the things done in the racial field, with all the fuel added to the fire, this is the worst. It is incon- l �1963 CON GRESSIONAL RECORD- SENATE l nr workers or duplicate or repla-0e an existin g service in the same locality. The Service Corps will be a means wh ereby the local community can draw on th e knowledge and skills of the entire Nation . But the progr agm is designed so that these trained volunteers will work with a community, in a program developed by th e community it self . A great deal of careful st udy h as gone int o this pr ogram . More than 50 ideas for projects were submitt ed to th e Presiden t 's St udy Gr oup on a National Ser vice Corps by various State and local, p ublic and private . organ izations throughout th e Nation. Twelve of these suggested project s are outlined i.n detail in the h earing recor d. A glance at these projects will show the very practical work t hat corpsmen would be doing. On an Indian reservation, they could act as instructors for self-help housing programs, run nursery schools and clinics; in a h ospit al for the mentally retarded they would h elp regular personnel as teachers aids and recreational aids ; working with migrants, they would give basic education to adults and vocational guidance to the youngsters. I t is important to remember that these projects are n ot the brain children of a bureaucratic planner. They were worked out by men and women of wide experience wh o know the help that trained volunteers can be to them in -t ackling the problems of a community. Mr. President, th ere are many Americans, young and old, wh o are anxious and a ble to h elp our less fortunate citizens. The Corps will draw n ot only upon enthusiasm of our young people, but upon the wisdom and experience of ret ired persons. There ar e a vast number of people both young and old r eady to h elp if given a way. Obviously, 5,000 men and women can n ot solve all the age-old problems of h uman suffering. But their example will h ave an effect far beyon d their number. If every corpsman inspires 10 oth ers to work in th eir own hometowns , or to join the helping professions, the cost of this progr am will have r epaid itself 10 times over . I know that the dedicated work of th e Service Corps volunteers will show that our material success b as not blinded us to the sufferings of oth ers. T his program will be a true expression of the ideals which h ave m ade this Nation great. The proposed legislation has been con sidered as carefully as any measure with which I have been associated. I am sure that Senators are familiar with its genesis and the steps that have been taken in developing the program to the point where it ls now under general debate in the Senate. In first addressing himself to this noble project, the President called upon members of his Cabinet to develop policy for it. The Cabinet members so selected chose from their departments persons of great talent to undertake the staff work that is necessary to insure that the noble idea would not be emotionalized, but would become hard, tough. and practical in its development. That study group, while small in number, w~ uniquely dedicated to this cause. Once created, the st udy group has developed ideas which were embodied in the legislation t hat came t o the Senate. The m easure was r eferred to the Committee on Labor and Public Welfare, and assigned to the Subcommittee on Migratory Labor for fwt h er legislative action. Mr. J AVITS. Mr. Pr esiden t, will th e Sen ator yield? • • Mr. WILLIAMS of New J ersey. · I yield. Mr. J AVITS. I am a cosponsor of this par ticular m easure. I believe it r epresen ts an effort to translate th e idealism which has been so pr ominent in the Peace Corps and which h as worked so well abroad to the domestic service of t h e United States. I am satisfied, too, th at the scheme which is proposed t o the Congress parallels, as far as is practical, t he successful patt ern evolved in respect of the Peace Corps, which I believe is one of the more successful initia tives of the United States in the employment, in its foreign aid and foreign development efforts, of the idealism, skill, and interest of young Americans. There is an ample n umber of pr ojects which can profit gr eatly from th e dedication which the National Service Corps will inspire. I feel, too, that it will be a very important channel through which volunteer services of young and old alike may go into areas--many of which have been described-of want, need, illness, and underprivilege, which are enclaves .of backwa.rdness in terms of econ omic advance, such as the areas of migratory farm workers. There the volunteers can be of great benefit. I am very much for the bill. I am a cosponsor, as I said. I have only two r eservations, Mr. President. I hink perh aps, · if we n eeded a description of wh at is being done, the words "practical idealism" would describe it. I hope very m uch that the practical idealism which is r epresen t ed in the National Service Corps will not be marred by asking the dedicated people wh o will be involved to serve in establishm ents or institutions which follow a. practice of racial segr egation. This is som ething about which I ex pressed my deep concern In the committee. It is something which is the subject of an amendment I h ave h ad printed, which is on th e desk. I realize that t he argument can be made that those who are afflicted should receive help, and that this should be the case even if they are afflicted in a segregated institution. But I think t h e temper of the times is such that we are engaged in a struggle in which t h ere must be some casualties, and those who are the subjects of segregation are the readiest to accept the "casualty" of being unable to obtain the ministrations of the National Service Corps when there is a pattern of racial segreg-ation. I hope very much that some way may be found of working out what it seems to me would be so opposite to the patriotic dedication which 1s represented by the Corps. The other subject to which I hope my colleagues in the Senate will give a little 14025 thought is the possibility that we ar e dealing domestically- not abroad, as we did with the Peace Corps- with an an alogy t o the National Guard and th e R OTC. We could allow States to under~ take some of the responsibility for training corpsmen and using them within the respective States. I h ave prepared an amendment upon that score. ·· I h ope t o hear the discussion in respect to the bill, to determine wh eth er there is a sufficient amount of interest in the Senate, since th e amendment was turned down in the committee, to justify my offering the amendment. I think the plan is a very sound one, t o allow States to participate in t he process of selection and training, and to allow them to r et ain the trainees within the S tates, a t the same time m aintaining the. cachet of this elite corp, the Nation al Service Corps, exactly as we do with r espect t o National Guard officers and .men as they relate to the military forces of the Nation. The advantage would be that we would stimulf\te a great increase in the number of people who could be trained, the speed of th eir training, and the speed of their u tilization, and we could invoke State as well as national pride in respect t o the trainees. So, with those two reservations, Mr. . P residen t, which I h ave describedwhich are n ot. in my opinion, reservat ions in any way to chan ge the quality and character of th e plan-having proved the validity of the idea in terms of inspiration to youth and in terms of its usefulness to th ose it serves through the P eace Corps, I believe we have arrived at the point where the National Service Corps is the next logical step in terms of undertaking to give our youth an oppor tunity to show their dedication and their idealism . I am grateful to my colleague for yielding. I am confident t hat by the time the vote occurs on the bill we shall have completely closed r anks in full support of it. Mr. WILLIAMS of New Jersey. Mr. President, I am gr at eful. indeed, for those commen ts by the senior Senator from New York. I am grateful also for his s tr ong support of the proposed legislation, his sponsorship of it, and the contributions h e made in the committee deliberations. ' As the Senator knows, after the bill was drafted 24 Members of the Sen ate joined in cosponsorship of the proposed legislation. The subcommittee which 1·eceived the bill h eld 9 days of hearings. The record is m ost complete. Not only did the subcommittee hold formal hearings in the Capitol, but also members of the subcommittee, togeth er with members of a committee from the House of Representatives, went on a field trip, to see for themselves how the program could be useful in certain areas. I am sure that Members of Congress who went on the trip will never forget the experiences we had at Osawatomie State Mental Hospital in the State of Kansas and how, beyond question, it was proved to us that even one volunteer can have a dramati- I �1963 CONGRESSIONAL RECORD - AP~ENDIX The letter follows: The Job of Ending Job Discriminatio ECONOIIIIC Am ANAI,YZED: U .S. Goons AND SERVICES ACCOUNT FOR 90 P ERCENT, BELL EXTENSION OF R EMARKS SAYS To the EDITOR OF THE NEW y ORK TIMES : Some of your readers might have dra Incorrect inferences from figures you pu Usbed in section IV of your J uly 21 edit! regarding the rela tionship of economic t o the b alance of p a yments ot the Un S tates. You showed " economic a id" as a debit in the U.S. b ala nce of p ayments for 1962 a mounting to $3.5 billion- In a year in which the total deficit was $2.3 billion. An unwary r eader could easily h ave dra wn t he Inference t h at all we need to d o to remove the defic it would be to cut " economic aid" by $2.3 blllion. Such a n act ion would or course be ineffect ive. "Economic aid" as shown in your fig ures Includes ·t he outflow of surplus agricult ural commodities under Publ!c La w 480 ( about $1.3 billion in 1962), plus the outflow of goods and services-and dollars-financed by loans a nd grants und er our f oreign aid. With the policies tha t a re now in effect, m ore than 90 percent of total "economic aid" r epresents U .S . goods and ser vlces--not dollar outflow. Under these circumstances, a cut 1n congressional a ppropriat ions would principally r educe U.S. exports--wlt hout affect ing the b ala nce -of-payments d eficit substantially. EFFECT OF CUTS ON EXPORTS Recognizing the difficulty of estimating precisely t he effects of a change in a single f actor in the b alance of p a ymen ts, it ca n be said as a rough a pproxima t ion tha t a ·m eb illlon-dollar cut in " econom ic aid" would r educe U .S . exports b y $900 million a nd t h e d eficit 1n t he b alance of payments b y $100 million. (It t he h yp oth etical cut wer e as sumed to affect what Is ordinarily called foreign aid-and not to affect Public Law 480 and the Export-Import Bank-the proportions would be about $800 m1111on reduction In U .S . exports, and $200 million In the U .S. balance-of-paymen ts deficit. ) The conclusion Is clear. Under present p ol!cles, with economic and mlllta.ry assistance to other countries almost entirely taking the form of U.S. goods and ser vices, a lmost no gain to the balance-of-p ayments deficit can be achieved by reducing our foreign aid programs. Moreover, a foreign aid cut made on the mistaken assumption it would have a major impact on our payments deficit would instead serve chiefly to reduce U.S.-produced goods and services purchased for use abroad. I should also like to point out the positive gains to the United States from the establishment of progressive, growing economies abroad-which Is the main purposes of our economic assistance. U.S. exports to the Marshall Plan countries more than doubled from 1953 to 1962. Our exports to Japan more than tripled from 1950 to 1962. In many ot the countries of Asia, Africa, and Latin America, where our economic aid goes today, aid-financed u.s. exports are finding acceptance and be- OF HON. WILLIAM FITTS RYAN OF NEW YORK IN THE HOUSE OF R EPRESENTATIVES T hursday, August 15, 1963 Mr. RYAN of New York. Mr. Speaker, the elimina tion of discrimina tion in employment is crucial to the civil rights battle. Until .t here is equality of job opportunity for all our citizens, full equality cannot be r ealized. A m a jor barrier has been discrimination in the apprenticeship progr a ms for skilled jobs. The worker of the future m ust be a skilled worker, and the Negro has been hurt in his search for a job because he is often, too often, unskilled. John F . H enning, Under Secretary of Labor and Manpower Administrator f or the Depa rtment of Labor has written a searching statemen t of the problems facing Government apprenticeship programs which appeared in the July 1963 issue of the American Federa tionist, the official m onthly of the AFL-CIO. I wish to bring his article to the a tten tion of my colleagues: E XPA.NDING APPRENTICESHIP FOR ALL AMERICANS (By J ohn F . Henning ) American Negro demands for fair employm ent h ave turned sharply to a precise area of dlspute : a pprenticeship train ing. T he new emp h asis is h ardly su rpris ing. Skilled journeymen a re t he Income elite of manual lab or . They look to a br igh tening future. All responsible projection s of U.S. la b or f or ce n eeds cite the continuing ca.JI for skilled labor and the d eclining p roportions of unskilled wor k . Back In 1957 the U .S. D.!lp artment of Labor issued Its now historic projections of t h e la bor force reqUlrements of the 1960's. The stu dy estimated that in 1970 America w!ll need 42 p er cent more professional and technical workers than in 1960, 24 p ercent more sales and ser vice p ersonn el, 22 p er cent more skilled workers, and 18 percent more semiskilled. The p ercentage of the unskilled will be down . T he prophecy presu mes a f ull employment economy In 1970. Without ec·onomic growth, both sldlled and unskllled will suffer. But not ali ke . For example, d uring the past 5 years, the national unemployment rate has approximated a disturbingly high 5.6 . percent, but 1n this p er iod the jobless rate among the unsk!lled has been at least twice that of the skilled . Whatever the course of the economy, the days of the unskilled a ppear numbered. Long ago Benjamin Franklln observed that he who hath a trade hath an estate. The d!fflculty is that he who rath a trade usually hath a white skin. As in Franklin's time, the one certain road to journeyman training ls the apprenticeship system. To some the road seems a narrow, twisted trail, bordered by b igotry and prlvllege. Whatever Its hazards, more than 150,000 young Americans today are found In registered apprenticeship programs. The average apprenticeship embraces 4 years of on-the-job training and normally entails 144 hours of related classroom Instruction a year. J coming famillar to consumers--which will enhance our normal commercial export markets in the future as those countries increase their incomes and their International purchasing power. DAVIDE. BELL, Admtninrator, Agency for International Development. A5239 The t ripar t ite forces of la bor, m a n agement, a nd Government sh ape the cha racter of ·apprenticeshlp tra ining. But the sh a pe of t h in gs does not satisfy a ny Amer ica n sensitive to the dem a nds of democracy. Federal responsib!l!t y ca me to apprenticeship with the a dopt ion of t he F itzgerald Act in 1937. The Fit zgerald Act called for F ederal a nd State Government promotion of la bor-ma n agement a pprent icesh ip progra m s. The Government role h as b een noncontroll!ng 1n t h a t actu al on-t he - job tra ining b as b een d irected b y t he employer, usually u n der union-nego tia ted conditions. The Government role h as b een significa nt in t h a t the U .S. Department of La bor and t he severa l State a p prenticeship agencies fix min imum sta nda rds for program r egist ra tion. Registra t ion en t itles apprentices in a pproved progra ms t o employment on Federal publ!c works projects and assures approved programs of t he ser vices of the Labor Dep a r t ment's Bureau of Apprenticeship and Tra ining or the services of the pertinent Sta te a gency. Historically, Federal registration of progra ms h as applied a like -to State sponsored as well as f ederally directed progra ms . Thirty Sta t es m anage their ow n a ppren ticeship agencies. In the r em a ining 20, the Federal Government alone · sponsors a nd guides appr enticeship . ·· Civil rights spokesm en long have h eld t he idea tha t Federal registration should be de- · nied any program stained by e t hnic discrimina tion. AFL-CIO President George Meany agrees . Mea ny b acked a 1961 attempt to write such a d enial int o F ederal law. Meany not ed , however, tha t discrimina t ion 1n a pprenticesh ip ls only p art of total job d iscrimin ation. He urged enactment of n Na tional F air Employment Practices Act with full powers of enfor cement. Bu t t he immediate question Is, What can be realized in the absence of a national FEP law? I n July 196 1, t h en Secretary of Labor Arthur Goldberg announced the Department of Labor would t hereafter req uire the inclusion of a sp ec!flc nondiscrimination statement in all apprenticeship standards of firms handling Gover nment contracts. He further declared a slmillar p rovision wou ld be required in the registration of any new apprenticeship program regardless or Its relationship to Federal works. La bor Department action did not die with the G oldber g pronouncement. The followIng achievements merit attention: I . Within the p ast year, the Bureau of Apprenticeship and Training assigned four minority consultants to the task of opening opportunities to Negroes and other minority peoples. Now located in Washington, New Yor k, Chicago, and San Francisco, they counsel with employers, joint apprenticeship committees and unions on a regional basis to encourage acceptance of qualified minority appl!cants. Additionally, they advise minority groups on apprenticeship fundamentals and admission processes. II. Secretary of Labor W. Willard Wirtz on February 27, 1963, announced the appointment of a National Advisory Committee on Equal Opportunity in Apprenticeship and Training. The Committee consists of 15 members; 4 from management, from la bor, 5 from minority organizations, and 2 from the public. The Advisory Committee held its first meeting In Wa6hlngton on May 14 under the chairm a nship of the Under Secretary of Labor. The committee developed a five-point action program: �.. A5240 CONGRESSIONAL RECORD - APPENDIX 1. The establishment of appren ticeship Information centers in cer tain critica l cities throughout the Na tion. 2 . The fost ering of apprenticeship information centers t hrough Sta-te app rent iceship councils wh erever feasible. 3. The creation of research p rograms t o m easure th e present dep th of minority par ticipation In apprenticeship p rogra ms. 4. The Implem en tation of present antidiscrimination p rovisions In apprenticeship programs regist ered with t h e U.S. Dep artm ent of Labor. 6. The con sider ation of preapprent iceship p rograms for t h e training or you ng worker.a not qualified for a dmission to apprenticeship programs. III. The Depart m en t of Lab or, in coopera tion with t h e District of Colum b ia Apprent iceship Counc!I, the District of Columbia Commissioners and sch ool au t h orities, the U .S. Employment Service, labor a nd m an agement, open ed Its first Apprent iceship Information Oonter on June 17 In the Nation's Cap it a l. The In.formation Cen ter, which t h e Dep artment proposes to extend through ou t the Nntlon, offers young apprenticeship appliennts p ersona l and group coun.aolln g , nptlt ude testing, information on educational requirem ents a nd related da ta p ertaining to District apprenticeship program s. I t also offers a n orqerly sys tem or r eferra l to Joint a pprentlcesh lp committees and ser ves a~ a point of contact for unions, employers, and m inority groups. The values of the I nformntlon Center are Intended for all young Am9"lcan s, whatever their race, color, creed, or n at ion al origin. But t he Cen ter should b e of particular value to Negroes a nd ot h er m inorities from wh om t he knowledge of admission procedures a nd req uirem ents often h as b een withheld. IV. Secretary of Labor Wirtz Issued a directive to a ll Joint appren ticeship comm it tees of the Dist r ict of Columbia June 6, 1963, on the discrlmln at!on crisis in the District Jur!sd!dtlon. The Secr etary llst.ed the following requ!rem en ts for-- program s hoping to enjoy Federal reglstra tlon rlgh ts : 1. It apprentices a re not selected by a merit system alone, selections mus t be m ade in a manner that demonstrates equality of opportunity. 2. Waiting lists which reflect previous dis criminatory practices m ust be subjected to wh atever action ls necessary to offset such discrimination . V. President Kennedy on J une 4, 1963, directed the Secretary of Labor to require tha t "admission of young workers to appren ticesh ip programs be on a completely nondiscrimin a tory basis." VI. Following Secretary Wirtz' order of June 11, 1963, the Bureau of Apprenticeship b egan a 50-clty check of Negro a pprpntlcesh!p p articipation In Federal construction projects. The varied a ctivities here cited Indicate t he commit m en t of the Ken nedy administration to equa lt ly of opportunity In ap pren ticeship. The President h eld a nation a l conferen ce With 300 la bor officials a t the White House June 13 In wh ich b e ca lled for the end of Job d iscrimination a t every level of union Jurisdiction. This was one of a number of conferences on civil rights h eld with busin essmen, educators, clergymen, an d lawyers. However, the President noted that genuine equality of opport unity could be meaningful only in a f ull employment economy. National morality and the times will permit nothing less than full job equality, but without full employment this means sh arin g job scarcity regardl ess of r ace, color, creed or n ational origin. Job equality mu.st m ean sharing the bounty, not the scarcity of n ational life. But apprenticeship at its fullest would hardly have the capacity to s olve youth unemployment. The problem is beyond that. August 15 During the calendar year 1962, teen age un- I ndians p articipat ing _in California apprenemployment averaged 13 percent aga.lnst an ticeship programs as again.st 150 Negroes. overall n ation al figure of -5.6 percent. Dur- Mexican-Americans munbered 5.21, Japaneseing 1962 t h e a verage teen age u nemployment Americans 31 and Chinese-Americans 18. total was 816,000 workers. · The find ings suggest that Negroes n umbe1' Between 1957 and 1962 the total number just a bit more than 2 percent of Califorof r egistered apprentices In tra ining aver - nia 's apprentices. In the Federal census of. 1960, Negroes form ed "5.8 percent of the total aged 160,000. Appren tices In t rain ing today average only State p opulation and 4.7 percen t ot the 3 percent of the 6,077,000 teen age workers St ate"s m a le labor force. In the U.S. labor force. Of t h e teenage total, The State committee d a ta on minority 3,017,000 are male. r epresen tation among journeymen certified T he apprenticeship solu t ion assumes even in 1955 also are revealing. less prom ise when pictured against a 50A one-fourth r eturn of inquiries pegged percent mortalit y r ate. The consis t en t n a- ' Negro p articipation at 1.6 p ercen t. · t ional experience suggests that only o~e-hal! The journeymen survey indicates the reof those n ow in t ra ining will know ourney- warding n ature of skilled employmen t . m an status. Seventy-two p ercent of t he graduate a pprenThe propor tionate place of apprenticeship t ices wer e earning $7,000 or m ore a year, m u st also b e seen in t h e perspective of the while 52.4 percent wer e earnin g over $8,000 awesome burdens the America n economy will p er annum. On ly 11.2 p ercent were earning confront in the 1960's. less than $6,000 p er year . T h e U.S. Department of Labor tells tha t Ninety p ercent were enjoyin g full employt h e economy 1nu st provide 34.6 million n ew m ent on a yearly b asis. jobs I n ·t h e 1960'a to m n Lch Lbe demn uda or 8otb ourvoyo confirm 1.be ol 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 APPEARANCE The ·J uly 16 hearing!! will mark Atty. Gen . Kennedy's third major appear ance before a congressional commit tee on the President's civil r ights leglslatiop . He '8stifled bet e he.Hou~ J ~ Q>mbl hu;t wee)t and W8'1~ befele 1111 Senate Commerce Oommlt t-'t Mol'ldt!.Y a11d Tuesday. He will· r,bUrn 'Wed~esj:lay._ �o:wr. Rights Pro [riacted, WillQ•IIUMI~ struggl . himself had alrea 'I he 1,500 t so-called "public 1116cl»llidll,~P.ial~ . pend rlx d y proposal J1S an lnva e for advancing th Ir f equal property righ ts. righ ind racir, J Jntegratlon. They "My position will be, I'm going no i;o 11t a time when the ii. ue to find some way l t0 present the domlnaLcs domc::;t lc politics and. views of Georgia Oemocrats to the ConF,"r •s Is abnu t to begin debate n ational pa rt y," san11ers· said. on the nWf;f, <-werpm·• civil right., "I h ope I can co11vlnce them that :prop, m t he ~i b I .if, By IUPI) wha t they're trying to do Is not In morif!n Umr•,. Gov. earl sanders said T uesda the best Interest of tbe ,party." From Nort.J,, L:outh, Ea-.t. and t,h at future even ts in Presiden san d he will "certainly W L. clrlP ,atrs hy the h11udre,:l · Kennedy's clvil r igh ts campaig be fir •Within the party had convcrgr·d on the Windy lty gia Demo- aL t11e wrrkenct 1ur the conventlot could put him In a "different posi tor w tion" about party loyalty if Geor crats be 11111! up with The mcctJ11 1 the first 11atiou I a pl'opo.:· . . . ._,.,~ e of gathe1in~ 01 ,, civil rights organl gia's interest Is at stake. 'Tm a loyal Democrat," san der Georgia ziition ~inre thi> birth of the 19 aid. "I intend to stay in the part "I t,hlllk 11'111111llo.lill,IJl!II• 'riv-ii ri hh <.:rl~i-:" in thP :-treet hat doesn't necessarUy mean t h national of .tlin ct el.·ewl,rrc uture would not be such that ' a ll the civi g ts legislatio~ D lo couldn't be 1'Ut in a d ifferent posi· thro.ugli wit hout some compromise. velopi , urh tion. pr,Jiti "The people of Georgia are my ne ·nterest ." tl(\11. hOl' numb ed with a United '11,rv iilre al re the eorglans. luding D~mocrats, are angered by the Rights ,Bill Chang~ L. ~ Of Ga. ~ -Sanders·· (Continued on P~ 5, Col. 2) �~ll4.T ABOUT TOMORRO·W? he ebOOlel not to 1erve. Jf • .1torekeeper can be compe1led to 1e"e in hil ,tore, people he wouJd rather not sen-e, the imtitution of private property i, endangered. Hi, ,tore ha, become public. property-and your private property right1 hne liecome eadU1gered. Yet that ii precieely what the pre.. eat adminimation ia ieek.ing to accompliah by invoking the ..intentate commerce" clauee of the Comtitution. Top lffel, ,tnteglcall:, planned racial dl'!IDomtratJom 111'11 qringinc up ·,ponuneou,ly' all OTer America, Theae poape wam of national rnolution unleat racial demand. are met. What WU once •a problem for the South• hu beceme a problem for e-rery ctate. city ud community. It threaten, the Nqro. ju,t • well u the white man. Thele ume organised. r .. .!ial agitaton, who proclaim and cite their comtitutioaal right of 'peaceful integration' are at deetruction of orderly freedom. HilltOry of the lut IO yean renala a lon1 li,t of JHtiom taken over by Commu• 11lm, throu1h me of nci.d a11tatioo. Under thi, kind of dictatorehip, i,he doctor, who prcfcn to 1elect hia office location, chooee hi, nune and he 4 heart apeciali1t, can be required to he a general practitioner, told whom to employ ,u.d where he , hall work. If he refuse,. he CUI have hit oftice 1eized and occupied by the favorite, of the bureaucracy. The aame would become the cu e for editor,. Jawyen, taleamea, etc. aimina: Tbeee qitaton ue not me~e1y ukin1 for 'equal righll' for the Ne,rc,1 they ara demudiq 'apeci.al righta' in Tiolation of the rip,. of .U people. They are cfemmdin1 the ript to nolate city ordinancee and 1tate lawa. - They are demuuling-md getting-immunitlee and apeeW pririlepa for Nesro citisem which white citisme do not If the Jiaht of private property i, taken away from the eitba lll UI artificial emergency, created by profea1ionaUv ,poi*)red racial riotl, then CongreM might be 'prc1aured1 lllto puaing Federal 'Emergency' mea,urn under the label of aaTUlg our nation from internal di10rden. Thia could n1uh in a total dictatonhip, and our hard fought-for-freedom, wilJ hne vanW..ed. Thia would prove a, diautrou1.!or the Negro Q for the white man, Demomtraton claim they are fi1htinc for their 'dipity", but la there any 'dipity' ahown bete in ibae bytterioal dem· omtratiom? Do th.er not 111gge1t that they are a phony front for oamethins alarminslY clillermt! In other ccnmtrlet racial upbeanlt ban been created to brim.a: aboa, artificW eoaditiom deeiped to climax a !Leed for military dietaconhip. America wu born in the hearta of men bccaUN of the ur,ent need for freedom from oppreMion and dictatonhip. Lon of God ad fellow man wa, the 1trong fabric from which it wu comtru.cted. Today there are Hletmen telling hate of their fellow man and inflamiq racial ten1ion1, rather than teekiag fah ,olutiom, m,,.,, There ia now ,uhataatial agreem , nt that the Negro should have equal voting opportunitiee and equal opportunity in the uac of all public facilitiee. But to give the Negro hi, due i1 one thina:. To aacrifice any of our basic libertie, in the proc, e11 ii quite mother...Eternal Yigilance it the price of liberty," and in thia day and hour the Negro agitator ia asking for more than equality; he ia demanding, and getting 1peci1J ri111ht1 (in the form of _deci,ion, by our courta) which invade the ri!llhll of aH citizem. The voice• of the reepon1ible Neira leaden who are alert to. the1e dangen are drowned out in the moUDtin& hy1teria over the attainment of fahe goalt. mu1 &,pon.ibilitiu Prlnte property, ,uch a• a re.tauru.t, CUI not 'be Hp· lated u though it were a public highway.1t ii up to each indmdnal to .., the owulardt for hit emhli,bment, to- wbicb hil clienteJe mu1t conform. Private rightl inelude the right to be left alone, u well a, the privilege to make or loee money, accordmg to the way the individual chOOMII to conduct hi, bndneN, no matter how wile or how foolilh. It b the re, ,pomibility of all men to re1pect the rigbt1 of Othen. Until now it bu been the ,torekeeper'• Jicht (and that meam eYery man'• right under the Comtitutioa) to ICITe the penom of bla el,o;-to ..... to wbom I,e. ..i.o- Thia la a Conaitntional llilbt, incident to the .....ablp of pmaie property. lie bu.Jie. !no to NI... to ,_.. - Canltitution and Congre,s -L,n,, of lhe Land Accordin1 to the ConatituJon of the United States, the lawa of the land are made by the Congreaa. The Supreme Court D1,erely renden ' ID opinion, H to the applicability of the.e lawa to a ,pecifie ca11e before iL Ill opinion becomea 1M a o/ IMI cue. Al mch, it i, indicative of how the Court (u oarratly comtituted) may be expected to decide • aim• llar oae. Howeffl', to declare an opinion of the court to be What Savannah Citisens are urged to do: 2. Urp the City Council to lmmediatoly ..,... new md - . . . better control U1d repl.ate demon1tration1 and paradee. 'the Jaw of the land' II to dttlare that the Supreme Cout and not tbe CongreH make, the laws. Thi, ia UDeomtita.tiaaat But you may be 1ure that thia 11 what• dietatonhip in c:ontro] cf the court, but not of the Congreaa. would like to have you helieve. Senator Ruuell Charge, or the plann~d rar.e rioh gcing on all over the United Statr8 Scnatcr Richard B. Ru~sell charged on June 12, 1963 tlut Prr:aidrnl Kennedy W H raising the •pectre of maH racial ,·iolence to puah Civil Ri ghts prcposa1s th1t were a atep la the direction of Socialism or Communi1m, "I WH •• , ahockcd" he 11id "to bear tl1e Preeldent juetify, if not encourage, the preaent wave of m... dem• on1trationa, accompanied by the practices o( 1ittin1 or lying in public 1treet1 and blocking traffic, form.ins human waU, before the doon of legal bu,ioeuea and •~1aulting with dtadly wrapon, cfficen of the law, whose only offense WH tc maintain order and protect private property." el IM "Cau,e" Be Remo.,ed Ir the Commnniett aucceed in America it will be becau• er a ccn1tant whittling away of our con1titutional rightl. To auccced in thi,, he mmt line a 'cau,e' with which to brin111 about chao,. H the "•r.auae' is removed, another mu1t he ere, atcd, and the pattern repeated. Without 'cause' the Com• munist, are 1oldicn without ammunition. In Brasil their r.auee wae 'inrlation' ; in China-agrarian reform; in Cuba it was to 1aboli1h the Batista dictatonhip'. After a 7-year 11tru11:gle in Algeria, Communi1t,led Moalem,, u,ing racial di• cord , 1ucceeded· in gaining control of the govenment from the French. A, in Algeria, the 'cause' they .have adopted iD America i, racial conflict. There can be no doubt that the Communbt ta debghted at the opportunity being preaented him to adopt thia 'eaaae'. He will r ender every aid to the •preuure-demaad' tactice which 11erve hie end. For him every auault on one of our ba1ic libertiee is a atepping atone towardt a Commoniat America. There are none ao blind aa thot0 who will not ace, and none eo dangerouely blind today H thoee wlao Hfa• to reeogni.ze the blueprint for - the Commnnilt takeover of America. AN OPEN LETTER TO THE PRESIDENT ,. 3. 4. Support and encourage by thone or letter, the merebU1t1 who are delendina f:'.C::,-~a'::pi~: are t e frontline10ldienforyou l Purdwefl'ODlthem 5. Every American 1hould ditteontinue bayi111 ma1uiDe11 that gin uatnul reporll of the new1, In,iat on moral ,tandard, in e,,erything you do. What Atlantans are urged to do: and the cuulidatel wlto will bi nm. They ahould evaluato thi, carefully. It i, time both political parti,. learn that th- wha 'lbe time ~' come for every voter to eon1ider future election, were able to l'I themselvea elected on either ticke~ could jwt •• well be oleetecl Oil llll incl.. pendent ticlot. To get proper repreoentation, people of prineipleo and integrity mmt be aoleetecl u yom Electors ind 1ent to the Conventiom uopledged and committed to no cudidate. unleat the CODdldate propooed fill, the higb 1tandard1 the voter ahoald nqaire in the - aoloc:ted to nn oar Nation. This mes.s age to the people of this community was paid for by a group of r-epresf!ntatlve North Side Citizens. �,::. . Ur-tl"t'ED'.r:it:.:rIDN~": ;' (ANP) '.Adlla,i S tevenson warned 0011,gr es~ las t i,veel{ t h at the wprtd stature of tht! United Sta tes den'lands p rompt a pproval of PresJde11t , .Kennedy's · civil r ights program. l\s if t,o ·11bst:tntiate What America's 'OiN ambassador ,was saying a letter , was presented o · U,uder: s ecretary of s tate G eorge W. Ball in Was hington, ~oiclng the protests of Z7 African governments to slandero\l8 remarlci mad·e by 'Lou empera te ·senator, Allen lsiatla's J . Ellendeb. · · t n~ de "8 repeatedly ··c1ec1ared that Negtb_~ pies, incluging Afri~ cam,, a re lt\bapait,,le o~ governing themse: ~ , tStet e~ ~ clared that as a Vni d ~a.Q!~1elegate to the Unit·ed t1 as concerned with the1iinUWC!Pl'IHates' world stature· nd t th ftflo y1 world" stirring ,n . .Nsia, .Mrlca and Latin America looked to tbe United .States. t.he lob ru:rl It, '~llP 'do us AJ,-~'rtV}1f:J,t. 11qJ11 e i:.i s 1 i't. "t",..r 11 ~ t.n talk of oursel,ves as the vanguard 0 ui tr.,edu.m anct ctemui.:racy whlle any of our ,fellow citizens suffer the indignities of second-class -citizenship? " · S tevenson Sf!.id m,ost delegates '."{Ith exp erie11ce in the country understood that racial progre&s had been. stepped up in recent years anti were "patient, tolerant and unp.erstanding" of United States efforts. However, he acknowledge that some delegates had been shocked by racial disorder an . lolence and that such events has had effect on some diplomats and their staf.fs. He declared that he was gravely concerned with the way ,racial disorder was exploited abroad · by · a bo~tlJe press, crep.tln~ a fals~ In- senator Russell has outlived his usefulness as a spokesman foi:: the state of Geonoa. As a maner of fact. if the laws of this state were enforced from top to bottom, Russell would be facing trial on charges of ..inciting to riot." Last week the honorable Senator made a speech clearly calulated to stir ~p racial strife and domestic tulmult. In his speech, Senator Russell charged that the civil rights measures presently before Congress are ten time s worse than what prompted the Civil Wa r 100 years ago. · . Ever s ince the senior Senator ha s been in office , his s ole approach to- die pro]km of civil rights for Negroes has .been a ne• .. ll gative one. "Lea"e the states alone. Russe suggests. For how long should they be left alone? T hey have been left alone for 300 years and Negroes a re still enslaved by a vicious system of bigotry. Does Senator Russell believe that Negroes s hould be extendecl the rights guaranteed them in the nation' s constiwtion, or doesn't be? If he does not. he is not fit to hold the high office of a legislator. If he does, it's about time he made it known. Russell has called moves by Negroes to win their r ights ,.cQmmunistic." We ask .. What' s communistic about c itizens who6ave lived in a country all their lives wanting to share in the equal benefits of that.citizenship?" We think Senator Russell is unfit to serve this state as a be-cause he does not even attempt to represent all ~ ·•ffijN • PI> citizens. The best contribution he could make to th1 signed resignation. prei .011- of t11e U1ittad: St_e,;_tes. • , Stevens011 said h e favored mass action· to·.strengthen ·the President's hand on . thi civll r,igh ts pppgr?-m by, presefi ting · the moral ' issue··. in . , · ev_e ry community: . Meanwhile, ambassador of 27 African governments sent a letter to President Ke.nnedy . protestuig s enator Ellende.r 's public statemep ts that . Negro people 11ire incapable of governing themselves. The letter ·waa presented to Undei; Secretary Ball by a committee · of A,mbassadors and chiefs of mission, The ctlmmlttee was composed of the chiefs of m ission of the United Arab !Republic, Nigeria, Sudan, Malagasy, Soma,lia and. Morocco. •Se nator Ellen ham &Rd 11aawll1Fe, he ,sa:ld, was Vhat ~ )eglll re. medy. The , he saij , was voluntaTy tlon. · . When Birmingh am -business Pf'l,• pr ietors "agreed to take voluntq,ey action, that ended the demonstra• tions," h e com:luded. . ·_;'.:: ' : Scott said' ·that up to a w~~ fore the President sent h1s ·cMl rights vequesta' to J ess,. 't)1e Justice;.Department wo. tellin,g -set'lia,tons that "persua n ~ tl}_ei job" and that I t orltt 'waf> O u ~. Tl~e , ed ·~ : · epu , n sen~tor sugges't·.: h a,ccommoda:itons,· la\¥· s ed. in •first ye'a of e Kenne ministration , ~shal · led that it also was!lle~q-, e "In 1960, In 1969, r eal,ly · s oce I 1861" - a year tha,t saw "sit.ins" I in uoul'sville, Ky. · 1 1 �Rusk InPu for Civil Rights 1\ ' W ASHINGT'ON - Sen. Ja cob tK. J a aY,ne Women's' Division-; Democratic·National comm:ittee. ' ' . . . . . . . . . Mr:s. 'Julia ,Porter, Girls Friendly society; - . Mr~. , Mable Staupers, . wasllington, . D. ,P.; Mrs. Velma McEiven Strode, ,. Wasbington Ur. . bah . League; .Mrli 'V Welcome, , B~ltimore, Md.· e Whick·ham, . .pcesiden , l Beauty -Culturi:;ts .Le · Orle~ns. · ~ro~ps,_ ahe_ e:·.•? re.s:;ed' 'cri ~i(,ltl collt1gbt; ~res1dfnt K erm.ecty ·_ran , mto roon1 ' regJ{lter . .. , . .· . cc1:n. over . a nqntber -pf_ ~ [· Ken. 0 sgme• .fme. sil})PO'tl .a.n,d. .sbm~ unex: ·. 4: Take .ttie · lead in setting u p. 111::.~y;s pohcle;; ,and · ac tions:. pectea · opposition. ·· · , . . -bi:..r,ac1al .and hmnan relations proHer· vi~~v,s ~oitJcided witj1 _tlmse of T h -e • Ch!ef,. - Executive' invited . "'l'ams· t1iat !WOUid lea d to .' closer Mrs. 'G ;0ria Rich ardson . a leader in a.bout 300 ieaders . of a bout l oo· ~01iununlcaMon- between·· responsible . the _ rec~nt . . clen'lonstr;HiQlla at wom e'.n's organ iza;tlons to ·~ eet ·:wi~h · ·white and Negro .-m en~bers of the. ' c a.in)J~ido;;_e, ..Md . 13.J.tb ,__iwo1~e11 Joinhim in the Ea.st Room of -the White·, various cbmmtmi.tles'. . , , : · ed b.v .ot her . colored.. lqadets · 1 their Hoµ s~. . . . .. . _ .. 5. Drop the color bar: in all' -WO-. out~po~en a ppraisal o'f the ac~om, •Collectively, they held a' direct , men's· or,g an'!zations. . , , Pli?lui:ients pJ _p1¢. N_e~~ 'F copt1er. ·Jine to the ears' o.r a/bout 50 million. At one• point, .Mr. Kennedy asked Th e,y were . •espe_cial}y .c:rft,lcal of . woinen, {iinc~ : t ~e maffr.!ty 'l'epi:e- _the wc,;n ei:i, ':exp_:ress their fe eli ngs ! l'le. work ,of :some ?{ ~{.1 K~1:medy's sentEd orgamza.t1.9_n s' with, ,100,000 0r . fr axfkly ab.a 'freel y: .i;olore~; ,a dv ~e.rlj; s~rng, ~h._!l,_ t some more _J'1'embers. ' · _: : . . · , Mt;s. D1iu1e · ~ asl1 aevels. oJ At- : wer.e unre:adl~~bTe.,_ ,_whll~ . ?ther~ Th~ . m½anizations, · r a,i:!,ge.U.· ;frq1Ji° 13:pta;, Ga., who repi:e&.~ntl,'l d . t hel_ ·1 ;~J.'..O. no t--~'.i n , W-r:i~ _wltt-i,:~ ..times. the National · 'Associ~Uon ,~or;. tlie southern . Christian · Leader..sh ip · · ,:MJ's. · ~ibliardson .,.:t~·1ou,gl_rt the . Advauce*1$it . of Colore.ct ·e .c:o.ple' to corif'erence, told tq.e -P.re.si~ent: "It' .:r,nep.tin,i _it_S!;!lf, w~ . I~ ·nd~_·,,p~.r.tl!!~lar1y the Unit i;>aughters of t he · boq. . ls dlfficult to pli.rt'ic1pate ·0~1 bi •.~ .w~rLhwh1)e::, ~ -s, .co _r-lJ,ce: :iJa,imlton, federa~ ~ •; : ' r acial committees when·. ,Y.OU ~must ·of _A'tlant~·,, s~1ct · ~I)~ ·su1?Je!!t ·.~f the FIVE PROGRA ~ , .. , .,. · ·, demt>I}strate :and go tb 'j,;iil .. , t,' l ~ eet.11~g ;wa~ an lm-P~r ta? ~ one, but Mr. dy urged t))e. ,yom~n !,o . Ehe' asked ¥,r. Kemiedy Lf, , he · i\'l'l:Jett; ·a t1t tle; l~.te. . ; ;, ' , , adopt ~e - point, prggr-a.Di i n . h'aif i•any &Uggestions for us , ln: _t11e . ' ', DO. ltOSl\ J:i. G'Il.Aq.G , . which . would : ' ·t 1 -i deep, south? would , you come ~o , ' · DJ: .. Rosa L. Gragg, . of ;n>etr01t, 1. , S\lpPOrt the· Miministration's Miss~iRDl d t alk to· Negro lead- . presiden't· of · the _. ·IQO,OO0; m~mber civH r,igh ts program. -especially'. th at ers tqer@'t~ · · · Na tional Association of 'Colored , · · Wpmen's . Ch.rb,. stqod • .oti~.,almost ,p art of it .. that would open public' PROGIUiMJ "SHOT".i>0\'\1N" places st{cb , as hotel~. -theat~11s; · Tl'ie PtWident· ci.ict ·not answcr ' b er .aloqe _among ·Ne~r.o womi l,l }~1 ,her I rest!l,U~a.nts and stores ~o all '. citi: qtiesLidlii'!JbfW'·he ', dr ew ·smi'les . \vhcn -enthusiastic, eupport of ..}9-e conzens r ~gardless of ra ce; ,ci:eed qr,_. ..he- rep~ & his ,'prog·ra m . i:11't hc • :f-ere\~c~-: · : · ·., • 1 · • • ~ . • , color. . , . ·. ·· · · s outh . ~ ii .slfot down ", ;esa. ., Sq~ said . tJ1ce Pr e;;1de1~t Ita.d : give~ . 4 • · ', , • • • • • , • eciaJl :JSll'!lltflll!s'lsslppi • ,w here "we "th is country , 1.ea~r tp that h as · 2. ,$tippor-t the esta'bJ.:~hme ot or' Ph Y t _,0 •,, , · .. p aver ,been ,g· iven . r,;,·0 e e . days ave a 1o o ,, . . "tt;,1 ·. · ,· ·· , or' L incoln ?' , ' . .._.._ • - , : . ·. ;1It h'a n r,11{.o m v1sl6ns; or · •. • · '· ' · • """a •· . ha t i t troops 1 . two· cJ~ail?s, ~ ~ncr ,a'·. good · ,'Df. G ~~,gg ·told , _r - ~ maI~Y. wofind e(J to get ·one .student •was she , whp qrst u'll., .... Ken· mto .tlle :(jniv.i'!rs ity of Mississippi. : rt.e dy a tlrlng Ills June :22 conference There · a;e still 400 .. troops there." wi-th a group of 'Negro : leaders This an£wer did not satisfy MFs~ '.Brief rema.rks ,were imadc~. to the to ·1· 1 1 v_ l4gai Sanders will accept an invitation from Sen. Strom Thurmond o give his testimony before thf: Senate committee now considerIng the bills. Capitol observers said his decision to testify reflects strong sentiment in the state aga inst the rights bills which have stirred a storm in Washington and dead- ) A source close to the governor deadlocked many other pieces of aid the testimony will be firmly legislation. . ~ainst the proposals "but won't His appearaat:e be delayed o into all the Communist, social- until late July by attendance It talk that other witnesses have at the Natioaat ors Consec!. " ference eek and the Nat of County Instead, Sanders plans to argue Officers the following gain.st the proposal on l egal week. , recedents, the aide said . Se e,al other Southern goverors pave te-.if'ied, including ' vs. Bar of Mis issippi ifte of Alabama. d likely will or 29. He had week .. . . ... , . . ' . Dr. _Heh~? ~~oi'l~s •..~orth 9a~o111_13:. '9~1.le_g_e,_-~ urha-tn ,_ Mrs_. C143.215.248.55o,r1~ ,Joli_n~on, -~asn~ngt_o n _burl\&U, N:attdol}al . Uroan I.oa~\le 1 .. Mr~. 'li!rma ,Dlxbn, Maryland . Ho'\lse of !1.. •1""' .1 , .,, , • .. j 1 tle1egates Ba1~imore ; Mrs. Mar ore Ml!Ke'.nzle. r.;a.w;ion, municipal judge, Washb1g tcin ; ~rs. Juanita Mltcl)ell, attomey B a,ltlmore: ., ' , · ,Mrs:· ;Esblier... LaMar'r, _Detroit ; Mrs.' Theresa Lindsay, Las Angeles; Mil ..Lpuls · Mar\ in,t ·w ashi~ tori : Mr,s> Bjll1am' :McDaniel, Natlonil.1 ~s.sociatlon !)t' . : <;JoUege Women, Richriiorid, Vai.; Mrs: ;Fannie Am m. AF.1/-010, r•Meritgemery, Ala: ,. • M .' . • 'I" ~ . :Tht>ttia'sli:ia •· -Jo~on Nor forp, •· ~ ev/ vor~ City; -Mrs. Vel PnUlips.: '.Will\'~; · Wis.; Mrs. m .ith:· . J ~ So er Beauty .:()1!18\le. .. ~ . .: Mrs. i{-elsey 'Beabears, st. Joseph, Mo.; m s; . 'Edlth _ Sampson; municipal jurl,.!fe, ·Qm cago; -M • ·Jeanne Dol- a:i;;.,'Qn ~agQ1 Chica-go,. · �W I ace Asserts He' lgnn,11A1rrl( ights Laws \b WASHINGTON, July 16 (AP lexchange with Hart. which even Gov. George C. Wallace of Ala- got into the question of wheU1er bama declared Tuesday he would Heaven wil l be segregated. make no effoti to help enforce a federal public accommodations la w nor would he encow·age compliance with it in his state. "I would just go ahead and he the governor of Alaba ma and let the federal folk s t1y to enforce it," Wallace told the Senate Commerce Committee. In that connection the governo, restated his view it would take an a rmy of federal agents or troops to enforce a Law opening restaurants, motels and theaters . and other places of bu mess to racial integr ation. · Wallace retw11ed to the committee to complete the fiery testimony against President Kennedy's bill which he began Mon. day. MEANWHILE, Atty. Gen. Robert F . Kennedy's appearance be- fore the Senate Judiciary Com- THE GOVERi OR had coneluded a lengthy friendl y questioning by Sen. Strom Thunnond. D-S.C., with the as ertion U1at he bore no hatred for 1eg:·oe or anyone. that he believed_ in Goel, and tried to fol1ow relig ious teachings. Har t, a member of both U,e Commerce a nd Judiciary committees, said th at since Wallace ha~ introduced this "solemn note" into the proceedings, he would like Lo ask, "W~at you _think Heaven t \dv~!, be Like, · will it be segrega e . . Wallace answered that " f don't think any of us knows what Heaven will be like. " He went on to say " God made us all, he made you and me white. and he rna,~e others black. He segregated us. Ha rt said he would nol pursue it furth er except to comment that he presumed "We would all be one family in heaven under one loving Father. " mittee on the President' overall c ivil rights program was deferred until Wec,mesday. That committee will be Robert Kennedy's third d each of round at the capitol in the civil rights fight-and undoubtedly the toughest in view f the weight of Southern mem ip on the committee. necessary. After a rri ving at the packed He called U1e legislation ··as hearing room. Ke nedy was told by Chairman Jam 0. Ea tland, D-Mis.. , that h n\· L as well return to his Departm€nl office s ince a f cornm;ttee members ing statements to make Eastland is on ol the trongest foes the whole administration ci, ii rights package bas on Capi- I to! Hill. Sen. Sam J . Ervin Jr., ·D- .C., said it would take him about an hour to read his statement even I if he hurried through il. Sen. Philip A. Hart. D-Mich., a sponsor of the administration program. said he would withdraw a statement he intended to make, in \'iew of ,, hat he called w·gency or aq.ing on the legi lation. HART SATD that in hi judgment the nation had come '"closer ' to dis,, ter in Birmingham than in Cuba. Another supporter of the bill, Sen Ed\\ard V. Long, D-Mo., said he ,,ould put his stutement in the record. hut hnth Sen·. E,·ereit 1\1. Oi1 k en .R-III .. and Kennet-h B. Kea.Ii . .. said they had bJie[ ts they wanted to ma Jt nedy would not ha, e a chance to testify before the Senate met at noon and unle ·. an c. C'Cij.lion lo tlw rule~ is grc1nl.ed, committees nH.t\' 11111 • it after tl1c1t \\ 1lla<'e s - Tags: Box 17, Box 17 Folder 14, Folder topic: Civil Rights Bill | 1963
- Record Created: April 18, 2017
- Record Updated: December 29, 2017
Box 17, Folder 14, Document 10
- Result Type: Item
- Item Type: Text
- Title: Box 17, Folder 14, Document 10
- Text: Ons ane R, pape Boek Makan (7 Spe 7p UTA J 719 “asad habe - S SHERATON TEL AVIV HOTEL rh oe Ds - reel TH | Wen at ae on a YD AG SY wa _ oped re all, Me \) V\- ‘ | ir aan a aon OF) SAS a a} “f Vern? \. ; be ~ Ss AN \ | ~ 0 Lan Wea Sass yy rae Noy wat = nal Citta Lhlu— urinal atone bor Ne re a ae aa seas ot. Lo , WC WITT YLT =) | FATOR NT ERATION Qagel +. oa Ro £ fF poe So Oo 4 Saas \ y ’ ¢ ay a 1 ‘a ~~, ~*~ ‘hy ™~ ¢ é ws 4. SEAN RoI ar IBD prrid boy IS ay es os Saga Seu ty 8 ~~ PAS Va Oo3 Xe asd aes’ mare YS bse an pn anuok \ ) ] | vil A 4137 \ Me-KMEtC + ora 3 AR Zi
- Tags: Box 17, Box 17 Folder 14, Folder topic: Civil Rights Bill | 1963
- Record Created: April 18, 2017
- Record Updated: April 30, 2021
Box 17, Folder 14, Document 44
- Result Type: Item
- Item Type: Text
- Title: Box 17, Folder 14, Document 44
- Text: 14026 cally helpful effect on numerous men- tally ill people. I personally had reservations concern- ing the application of this program on Indian reservations, But on the same trip we went into the largest Sioux In- dian Reservation, and there we learned again how even a few ‘seedmen” volun- teers can, with their good will, inspira- tion, and enthusiasm, perform practical Measures to help in the almost unbe- lievable poverty, in all departments, on Indian reservations. Our committee, which has dealt with migratory labor problems, has seen over the years how a few volunteers in migra- tory labor camps can do so much to bring a bit of needed education to the youngs- ters—and perhaps even to the adults. They can provide nursery day care for the very young, and assist in state health and sanitation projects also. I hope all Senators will have an op- portunity to look over the hearing rec- ord and note the unanimity of views across the country of people with knowl- edge in the field of social problems. More than 50 organizations have ‘enthu- siastically endorsed the bill. They are all listed in the hearings record and on pages 12 to 14 of the committee report. It is significant that those who are most knowledgeable in social work have been most artieulate and strong in their en- dorsement. Among the groups, church people are prominent. ‘They are hopeful that the legislation will be passed, and that we shall be able to spark, through volun- teers, an even greater community re- sponse to severe human needs and prob- lems. & Mr. JAVITS. Mr. President, will the Senator yield further? The PRESIDING OFFICER (Mr. Proxmire in the chair). Does the Sen- ator yield? Mr. WILLIAMS of New Jersey. I am happy to yield. Mr. JAVITS. TI join the Senator in the sentiments he has expressed. If the bill is enacted into law, I hope the Presi- dent, in considering the appointment of a Director for the National Service Corps, will keep in mind the very excel- Jent example of completely nonpartisan leadership—as high minded as that of those who serve—which has been so heavily responsible, in my opinion, for the success of the Peace Corps. I thank my colleague. CIVIL RIGHTS—ADDITIONAL COSPONSORS OF BILLS Mr. MORSE. Mr. President, will the ie yield? Mr. WILLIAMS of New Jersey. Iam appy to yield. Mr. MORSE. Mr. President, I ask lanimous consent that the name of the Senator from New York [Mr. Javits] may be added as a cosponsor of S. 1665, to require that all State or local pro- grams supported with Federal funds shall be administered and executed with- out regard to the race or color of the introduced on June 4.. CONGRESSIONAL RECORD — SENATE The PRESIDING OFFICER. Without objection, it is so ordered. Mr. MORSE. Mr. President, I ask unanimous consent that the name of the Senator from Vermont [Mr. Proury] may be added as a cosponsor of S. 1801, to effectuate the provisions of the sixth amendment of the U.S. Constitution re- quiring that defendants in criminal cases be given the right to a sneedy trial; and S. 1802, to protect the integrity of the court and jury functions in criminal cases, which I introduced on June 26. The PRESIDING OFFICER. Without objection, it is so ordered. Mr. MORSE. Mr. President, although all these bills have been printed, the names of the additional cosponsors will be included at the next printing. Mr. JAVITS. Mr. President, will the Senator yield? Mr. WILLIAMS of New Jersey. I yield. Mr. JAVITS. The Senator from Ore- gon has joined me in his bill to prevent Federal funds from being utilized for State programs which are segregated. I would like to say a word on the subject, because it is becoming quite a raging is- sue. I have joined the Senator from Oregon on his bill, just as I joined my colleague [Mr. Kratrnc] on his amend- ment to the omnibus civil rights bill along these lines, because I feel very deeply that the only hope for civil rights legislation is in bipartisanship; and I want to do everything I humanly can to demonstrate by act and deed my deep feeling on that score. Neither side alone has the votes to pass civil rights legislation. In my opinion, it is a fact that, in every way open to us, we shall need to keep this bipartisan coalition together so that we may ulti- mately get somewhere. I hope very much—and I Know how the Senator from Oregon feels about this, but I am putting it in words—that all Members on both sides of the aisle will keep very clearly in mind that this is a burning issue on the domestic scene—as burning an issue as is nuclear testing on the international scene. The only way we are going to get. anywhere is by keep- ing the goal very clear. Call it nonpar- tisan or bipartisan, the fact is that neither side alone has the votes, and we must be together on the issue. Mr. MORSE. Mr. President, will the Senator from New Jersey yield to me a moment? ; Mr. WILLIAMS of New Jersey. I yield. Mr. MORSE. Inconnection with what the Senator from New York has said, it is an honor to be associated with him in his advocacy of civil rights legislation. I know of no peer of the Senator from New York in the civil rights legislation field. But I would have my colleagues take note of the fact that what my bill seeks to ac- complish is to prevent the Federal Gov- ernment from violating the law, If one of us were to ask a Senator to join him in an illegal act, the Senator who was asked would look askance and be horror stricken. every time they vote for Federal funds for projects involving segregation, in my articipants and beneficiaries, which I [opinion, are guilty of perpetrating an il- legal act, for 9 years ago the Supreme But Members of this body, August 13 : é Court declared segregation to be uncon-, si stitutional, and therefore illegal. Yet we 3 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 Sen- ator 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 yote to expend illegally Fed- > eral 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 5 the whole broad issue of funds going into , — segregated programs and activities. — . 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 forthecon- ¢ tinuation of Federal projects in which there is segregation. Let the people speak in respect to the rolleall that will j be made in the Morse bill and similar é proposals that seek to bring to an nd ui the illegality that now existsinthiscoun- ~ try and that has characterized the treat- ’ ment of civil rights in Federal programs. _ As the Senator from New York has) ‘ heard me say before, the time has ¢ come os do not intend any longer to sit nee and {- } permit politicians to get by with ae, ' they have been getting byforyearsinthe; | 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 sy) M dois. It is to act in accordance with the law; and the Supreme Court has made perfectly clear that segregation is se constitutional. I ‘intend to do wi , can to take that record across this Re- public in the months ahead, before the election of 1964. I do not care whether a Senator is a Republican or a Demo- crat—he ought to be beaten for re- | — election in 1964—others will be up for \ _ reelection in 1966 and others in 196 he does not uphold the law as laid down : by the Supreme Court. Mr. JAVITS. Mr. President, if the a Senator will yield, I have done precise aA: that, as recently as last Wednesday in 5 connection with the Labor-HEW appro- : priations bill. The reason I made the — comment about bipartisanship is. that I. had the feeling that Members of Con- gress, when they vote, have an idea that party loyalty requires them to stand Py the administration—it might have hap- pened 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. pays I think the Senator from Or ane E with his eloquence and w: lighted what I have tried to ao but ni which I am delighted to join him in ‘hig — ine—the fact that, of all the things done __ in the racial field, with all the fuel ada to the fire, this is the worst, Tt is incon 1963 4 lar workers or duplicate or replace an exist- - ing service in the same locality. ‘ The Service Corps will be a means I whereby the local community can draw -__ on the Imowledge and skills of the entire _ Nation. But the progragm is designed _ so that these trained volunteers will work with a community, in a program ‘ developed by the community it self. A * great deal of careful study has gone into < this program. More than 50 ideas for projects were submitted to the Presi- dent’s Study Group on a National Serv- ! ice Corps by various State and local, 4 public and private organizations 4 throughout the Nation. Twelve of these suggested projects are outlined in detail \ in the hearing record. A glance at these projects will show the very practical work that corpsmen would be doing. On an Indian reservation, they could act as in- structors for self-help housing programs, tum nursery schools and clinics; in a _ hospital for the mentally retarded they would help regular personnel as teachers aids and recreational aids; working with migrants, they would give basic education to adults and vocational guid- ance to the youngsters. hy ‘It is important to remember that these _ projects are not the brain children of a bureaucratic planner. They were worked out by men and women of wide experi- ‘ence who know the help that trained volunteers can be to them in. tackling ' the problems of a community. _ Mr. President, there are many Ameri- € cans, young and old, who are anxious [and able to help our less fortunate citi- zens. The Corps will draw not only up- * on enthusiasm of our young people, but upon the wisdom and experience of re- tired persons. There are a vast number of people both young and old ready to help if given a way. Obviously, 5,000 men and women can- not solve all the age-old problems of human suffering. But their example will have an effect far beyond their num- _ ber. ‘If every corpsman inspires 10 _ others to work in their own hometowns, a or to join the helping proféssions, the ‘ bor aft this program will have repaid it- ‘know that the dedicated work of the _ Service Corps volunteers will show that our material success has not blinded us to the sufferings of others. This pro- eq gram will be a true expression of the ideals which have made this Nation great. ; ‘The proposed legislation has been con- es _ sidered | as carefully as any measure with yhich I have been associated. I am sure that Senators are familiar with its gene- _ sis and the steps that have been taken in developing the program to the point ; where it is now under general debate in re the Senate, In first addressing himself to this. noble project, the President called upon members of his Cabinet to develop A _ policy for it. The Cabinet members so selected chose from their departments v persons of great talent to undertake the ha staff work that is necessary to insure { aaah ihe noble idea would not be emotion- but would become hard, tough, _ and practical in its development. That . ar group, while small in number, was CONGRESSIONAL RECORD — SENATE uniquely dedicated to this cause. Once created, the study group has developed ideas which were embodied in the legis- lation that came to the Senate. The measure was referred to the Committee on Labor and Public Welfare, and as- signed to the Subcommittee on Migratory Labor for further legislative action. Mr. JAVITS. Mr. President, will the Senator yield? " Mr, WILLIAMS of New Jersey. I yield. Mr. JAVITS. I am a cosponsor of this particular measure. I believe it represents an effort to translate the idealism which has been so prominent in the Peace Corps and which has worked so well abroad to the domestic service of the United States. I am satisfied, too, that the scheme which is proposed to the Congress parallels, as far as is practical, the successful pattern evolved in respect of the Peace Corps, which I believe is one of the more successful initiatives of the United States in the employment, in its foreign aid and foreign development efforts, of the idealism, skill, and inter- est of young Americans. There is an ample number of projects which can profit greatly from the dedication which the National Service Corps will inspire. I feel, too, that it will be a very im- portant channel through which volun- teer 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 backwardness in terms of economic ad- vance, such as the areas of migratory farm workers. There the volunteers can be of great benefit. I am very much for the bill. cosponsor, as I said. I have only two reservations, Mr. President. IE think perhaps, if we needed a de- scription of what is being done, the words “practical idealism’ would de- scribe it. I hope yery much that the practical idealism which is represented in the National Service Corps will not be marred by asking the dedicated people who will be involved to serve in establish- ments or institutions which follow a practice of racial segregation. This is something about which I ex- pressed my deep concern in the commit- tee. It is something which is the subject of an amendment I have had printed, which is on the desk. I realize that the argument can be made that those who are afllicted should receive help, and that this should be the case even if they are afflicted in a segre- gated institution. But I think the temper of the times is such that we are engaged in a struggle in which there 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 segregation. I hope very much that some way may be found of working out what it seems to me would be so opposite to the patri- otic dedication which is represented by The other subject to which I hope my colleagues in the Senate will give a little Iam a 14025 thought is the possibility that we are dealing domestically—not abroad, as we did with the Peace Corps—with an analogy to the National Guard and the ROTC. We could allow States to under- take some of the responsibility for train- ing corpsmen and using them within the respective States. I have prepared an amendment upon that score. I hope to hear the discussion in respect to the bill, to determine whether there is a sufficient amount of interest in the Sen- ate, since the amendment was turned down in the committee, to justify my offering the amendment. I think the plan is a very sound one, to allow States to participate in the process of selection and training, and to allow them to re- tain the trainees within the States, at the same time maintaining the cachet of this elite corp, the National Service Corps, exactly as we do with respect to National Guard officers and men as they relate to the military forces of the Na- tion. The advantage would be that we would stimulate a great increase in the num- ber of people who could be trained, the speed of their training, and the speed of their utilization, and we could invoke State as well as national pride in re- spect to the trainees. So, with those two reservations, Mr. President, which I have described— which are not, in my opinion, reserva- tions in any way to change the quality and character of the plan—having proved the validity of the idea in terms of inspiration to youth and in terms of its usefulness to those it serves through the Peace Corps, I believe we have ar- rived at the point where the National Service Corps is the next logical step in terms of undertaking to give our youth an opportunity to show their dedication and their idealism. I am grateful to my colleague for yielding. I am confident that by the time the vote occurs on the bill we shall have completely closed ranks in full sup- port of it. Mr. WILLIAMS of New Jersey. Mr. President, I am grateful, indeed, for those comments by the senior Senator from New York. I am grateful also for his strong support of the proposed leg- islation, his sponsorship of it, and the contributions he made in the committee deliberations. As the Senator knows, after the bill was drafted 24 Members of the Senate joined in cosponsorship of the proposed legislation. eh The subcommittee which received the bill held 9 days of hearings. The record is most complete. Not only did the sub- committee hold formal hearings in the Capitol, but also members of the sub- committee, together with members of a committee from the House of Represent- atives, went on a field trip, to see for themselves how the program could be useful in certain areas. Iam sure that Members of Congress who went on the trip will never forget the experiences we had at Osawatomie State Mental Hos-. pital in the State of Kansas and how, beyond question, it was proved to us that even one volunteer can have a dramati-
- Tags: Box 17, Box 17 Folder 14, Folder topic: Civil Rights Bill | 1963
- Record Created: April 18, 2017
- Record Updated: April 30, 2021
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- Title: Box 17, Folder 14, Document 58
- Text: Others Have Rights, We ympathetic WK desire of the Ne- gro Face in America to obtain the full civil, educational and economic rights to which they are entitled under the U.S, Constitution, al- though the bellicose attitude shown recently by some Negro leaders makes us doubt their wisdom and self-control, Burt we are emphatically opposed to that part of President Kennedy’s‘‘civil rights’’ program in Congress that would force a man in private business to serve customers against his will. This attitude is based on legal and moral prin- ciples which would hold true even if the ques- tion of race were not involved. ' In the yarious discussions of this issue which ‘we have read recently we have found nowhere a point which seems vital to us -~ the difference between a public utility and a purely private business. Yet it is one that is clearly recog- ‘nized in law. When a city, a county or a state enfranchises a public utility such as telephones, electricity, fas or ransportation itis usually granted a mo- nopoly. In return, it agrees to serve any per- |son who can pay for its services. The reason for this is obvious: if it didnot do so the citi- zen could not obtain the service anywhere else, He would be forced to do without a necessity of life. In like manner it can be argued with some plausibility that any citizen, particularly any tax-payer, is entitled, to any services offered by the Federal, state, county or city govern- mients, But a p usi Such as a restaurant, hotel, : Barber shop falls in neither cbtovori Je is nota public utility with a mono- poly franchise, nor is it a public institution. Private businesses of the type named are many 14. in number and operate in each other. In Atlanta dreds of them are operat Negroes. It is only logical and Mehr that oth- ers are operated by white persons for an ex- clusively white patronage. (As a matter of fact, many such businesses will not admit white pa- trons whom they consider undesirable), If the owner of such an establishment agrees voluntarily to accept Negro business -- as many in Atlanta recently have Jone -- he has a perfect ri:ht to do so, Thatisa very lif*-rert thing from being coerced into doing it by the power of the Federal Government. But those who do not care for Negro business are not depriving a citizen of some needed service. There,are many other places where he can ob- tain it. The air is filled these days with cries of “minority rights’’. But what about ‘majority rights’’, including the right of any citizen to establish a legal business and conduct it as he sees fit, so long as he operates ithonestly and within the law? This right is so fundamental to the American system of free enterprise that we do not believe Congress will abridge it. Senator Richard B, Russell of Georgia and other Southern senators already have made it clear that they will conducta‘‘last-ditch”’ fili- buster to prevent passage of this part of the pishre: program. will not-he negessary. © many men in both the House nited States ministration’s attack on what has been a car- dinal point of American freedom. TieAELANTA CONSTITUTION, Friday, July 12, 1963 adge Sees Rights Terr Constitution Washington Boreauw WASHINGTON—There would be ‘terror throughout the land’ if President John F, Kennedy’s civil rights bill became law, Sen. Her- man Talmadge said in a radio interview Thursday night. “Tt would take troops all over America to enforce this,” the Georgian said. But he said he didn’t believe the Senate would ‘approve’ this. bill in its present form." Talmadge hit hardest at the three principal seetions of the seven-section bill. He seored those parts that would . desegre- gatioM Of some: Inisinesses allow the Justiée artment to , |of civil rights and taxes, the ap- have federal voting registration referees appointed and give the President power to withhold fed- eral funds from government pro- grams under which segregation was practiced. The senator also predicted that Congress would pass very little other legislation this year. At one point he said, ‘‘it is doubtful that action on the tax bill can be com- pleted this year.” Later in the inferview (on CBS Capital Cloakrgom) Talmadge seemed to indicalée he felt the tax bill had a chanee, “T suspect that @utaide the field propriations bill will be about they only major legis ihab will result,”’ he said. The President and his legisla- tive leaders have said the tax bill shares “uppermost” legislative priority with civil rights, ~ Asked to prediét how Presi Kennedy would ruin my = elections, Talmadge ngeli said it was too far South meant Sen ter of, Arizona, We h, Talmadge said he did not believe the President's loss “had been translated into a par-' ticular party or any particular candidate,” |
- Tags: Box 17, Box 17 Folder 14, Folder topic: Civil Rights Bill | 1963
- Record Created: April 18, 2017
- Record Updated: April 30, 2021
Box 17, Folder 14, Document 62
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- Title: Box 17, Folder 14, Document 62
- Text: | WASHINGTON, July 16 (AP)— | Gov. George C. Wallace of Ala- | bama declared Tuesday he would make no effort to help enforce a federal public accommodations law nor would he encourage com- pliance with it in his state. “IT would just go ahead and he | the governor of Alabama and let the federal folks try to enforce it.” Wallace told the Senate Com- merece Committee. In that connection the governor restated his view it would take an army of federal agents or troops to enforce a law opening restaurants, motels and theaters and other places of business to racial integration. ' Wallace returned to the com- mittee to complete the fiery tes- timony against President Ken- i bill which he began Mon- “MEANWHILE, Atty. Gen. Rob- ert F. Kennedy's appearance he- fore the Senate Judiciary Com- mittee on the President's over- all civil rights program was de- ferred until Wednesday. That will be Robert Kennedy's third round at the capitol in the civil rights co eae undoubtedly the toughest in vie the weight of Southern me’ on the com- mittee, 7 After arriving” at the packed hearing room, Kennedy was told by Chairman O. Eastland, / as well re- Department sof commit- D-Miss., that turn to his Ji office since a ‘tea members Tad- ments to make: ~ foes the whole administration eivil rights package has on Capi- tol Hill. Sen. Sam J. Ervin Jr., D-N.C., said it would take him about an | hour to read his statement even if he hurried through it. ‘Sen. Philip A. Hart, D-Mich., a || Sponsor of the administration pro- ‘| gram, said he would withdraw a he intended to make, in 'l view of what he called urgency | of acting on the legislation. | HART SAID that in his judg- ment {he nation had come ‘closer fo disaster in Birmingham than Lin Cuba.” | Another supporter of the bill, Sen, Edward V. Long, D-Mo., said he Be ent his statement it ue i ae ave aa Ar cies pont to the jules is grant mg tees may divi sil after Wallace's declaration fe would }M0t hel enforce a public ‘accom- Jpmodditi Wastland is one 6 the strongest | Spattausarenn that Ken- i ul ote aga a ea | ! _ aw tame during an »Asserts He’ ishtS ‘Laws (\\¢ exchange with Hart, which even got into the question of whether Heaven will be segregated. THE GOVERNOR had _ con- cluded a lengthy friendly ques- tioning by Sen. Strom Thurmond, D-S.C., with the assertion that he bore no hatred for Negroes or anyone, that he believed in God, and tried to follow religious teachings. drastic and indefensible a pio | posal as has ever been submitted to this Congress.” i Much of Ervin'serificism was directed bis ‘hs pu lie” accommo- dations, pry ch the Comme Lg as a separate )mipanare. Ervin said it is ‘‘conderhné@ by its mani- | fest unconstitutionality.” Ervin also argued that liberty is being destroyed in a drive for equality and that “the rights of all are being sacrificed for the special rights of a few.” Long, in the statement he put in the record, contended on the other hand that the proposed leg- Hart, a member of both the | islation does not seek to create Commerce and Judiciary com- mittees, said that since Wallace had introduced this “solemn note’’ into the proceedings, he would p like to ask, “What you think Heaven will be like, will it be segregated?” Wallace answered that ‘I don't think any of us knows what Heaven will be like.” He went on to say “God made us all, he made you and me white, and he made others black. He segregated us." Hart said he would not pursue it further except to comment that he presumed “‘We would all be one family in heaven under one loving Father.” wiks shia ‘ AT THE‘ Jatiigiabe committee hearing, Ti MWed each of the sever fies adminis- tration’s- and de- nounced the Wren ekace as un- constitutional, undesirable and un- necessary. He called the legislation ‘‘as any right that does not already exist. , ‘Asserting that, discriminatory i a grave danger f said the civil rights bill “merely seeks ways and means t ans 1p, pelp make the guarantees of our Constitution, the law of the land, a reality for all Americans.” & pe! dealing ,
- Tags: Box 17, Box 17 Folder 14, Folder topic: Civil Rights Bill | 1963
- Record Created: April 18, 2017
- Record Updated: April 30, 2021
Box 17, Folder 14, Document 31
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- Title: Box 17, Folder 14, Document 31
- Text: WHAT IS THE GREATER ATLANTA COUNCIZ ON HUMAN RELATIONS....? It is primarily a meeting ground where Negroes and whites can dis- cuss their problems and get better acquainted. It works to secure dignity and freedom for all per- sons and to solve problems with- out hatred or violence. WHAT DOES THE .GREATER ATLANTA COUNCIL ON HUMAN RELATIONS DO..? By informing, consulting, conferring, it is working... -To bring about desegregation of medical and health services and train- ing programs. eTo make desegregation of Atlanta's schools and colileges successful. elo provide a Student Council for high school and college students with an opportunity to work for better hu- man relations in their own age group. elO maintain close contact with Negro transfer students and their parents. elo increase merit employment. «To provide hospitality for foreign visitors in our city. elo consult with ministers, educators, civic leaders before problems become critical, eTo make cultural facilities availabie to all citizens. -To improve housing, education, employ- ment, health services, public accomo- dations and the arts for all citizens of Greater Atlanta. WHAT DOES THE .GREATER ATLANTA COUNCIL ON HUMAN RELATIONS DO..? By informing, consulting, conferring, it is working... -To bring about desegregation of medical and health services and train- ing programs. elo make desegregation of Atlanta's schoois and colleges successful. elo provide a Student Council for high school and college students with an opportunity to work for better hu- man relations in their own age group. elo maintain close contact with Negro transfer students and their parents. elo increase merit employment. LAST YEAR THE GACHR HELPED: elo desegregate Decatur-—DeKalb li- To provide hospitality for foreibn brary... visitors in our city. -To desegregate Grady Hospital training programs. -To consult with ministers, educators, -To desegregate Atlanta movies. civic leaders before problems betome »ToO prepare a survey of employment critical. practices..e. ALSO GACHR -To make cultural facilities available eCounseled with Transfer Students. to all citizens. eCompiled a list of integrated fa- cilities, «fo improve housing, education, ehploy- «Presented UN Undersecretary Ralph ment, health services, public actomo- Bunche and White House Associate dations and the arts for all citizens of Press Secretary Andrew Hatcher as Greater Atlanta. special speakers to the community. eOpened office and doubled membership, eDistributed a monthly Newsletter and held monthly membership meetings, COOPERATED WITH OTHER GROUPS JAT IS THE 1963 GOAL OF GACHR..? .To increase membership to 1,000 :To continue monthly luncheons for members and friends (first Mondays at Central YWCA) »To continue monthly Newsletter and periodic special reports .To continue work in special areas such as education and housing. .To raise a budget of $10,000, which is needed to maintain office and program: Office Secretary.... $3,300 GELEICE TENE .c6caene 1,020 Te Lepnone ss sivas oe 00's 780 POSTAGE s vcleiseueee ese 720 Supplies & equipment 960 Special program projects such as student work- shops, etc. 2,500 Contingency 720 Total $10,000 (Salaries of Director and Assistant Director, this year provided by Unitarian Service Committee, Inc., a world-wide, non-sectarian service organization, as part of its human relations program throughout the world, total over $10,000). THE GACHR...e? HOW CAN YOU HELP. .caceee? «You can become a member. Annual dues are $5 per person or $9 per couple. «You can join in soliciting new mem- bers 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 at office or at home.ee -You can collect $1 from people in your church, club or social group who may say “I wish I could do some- things « «You can act on your own convictions and encourage others to do the same... Greater Atlanta Council on Human Relations 5 Forsyth Street, N. W., Atlanta 3, Ga, Phone: 523-1581 I would like to support the GACHR by becoming a member volunteering my services giving a donation soliciting funds office work LANA Set et et NANG see ee Ces Oe eee be Cees ee eeeases eee ns e6s STCCC Us eas s0 bes ee sees secsieseeeeneveestveee CLEY 6 selaiwsstees eens anes ee CONCe es se Obatess Telephone TSUN) cel ete sa atele ele wielelea a elernicetea bs eTare ¢€ ) I enclose$ dues ( ) I enclose$ donation
- Tags: Box 17, Box 17 Folder 14, Folder topic: Civil Rights Bill | 1963
- Record Created: April 18, 2017
- Record Updated: April 30, 2021
Box 17, Folder 14, Document 39
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- Title: Box 17, Folder 14, Document 39
- Text: For 96 Years The South’s Standard Newspaper RALPH McGILL, Publisher | THE ATLANTA M | ‘ Established June 16, 1868 my Issued daily except New Year's, July 4, Labor Day, . Vhanksgwing ana Cnrstmas. Second-class postaze paid at » So the Atlanta Constitution (morning), and Th an ons ion (morning Atlant. : Rema Gane, and eaten, Copal ‘ae lay), pu an! ews- d paver, Inc,, 10 Forsyth St., Atlanta, Georgia. ‘Page 4 a Sen. Richard B: Russell’s original op- position to the President's civil rights bill belabored the proposed cure—legislation —but ignored the ill—existence of Negro grievances, In a television interview he has now stated that he is “well aware that we're living in a social revolution.” It seems to us this'a step forward by him toward the higher ground of recognizing that a prob- lem exists. The other half of the question still | remains, however; What to do about the ‘ problem? ; The opponents of the President's bill tin Congress will not have a strong argu~ ‘ment if—though they recognize existence ‘of the national problem he is trying to ‘cope with—they avoid any responsibility 'of their own for helping solve it. REEES @|e9 1 ‘opposition to the bill is based on just such an avoidance of responsibility, emp- tying the arguments to a large extent. The implication is that eyen though a problem is conceded to exist, the South- erner in Congress is willing to block the President's effort to do something about it While in turn offering the alternative of doing nothing about it. It seems to us this position is 180 degrees opposed and 100 per cent weak- er than the position taken by the Board of the Atlanta Chamber of Commerce in ifs own resolution opposing passage of ‘e President’s bill. : Much of the Southern congressional CONSTITUTION 1 ot EUGENE PATTERSON, Editor Home-delivered subscription rates: Morning and Sun- day, or evening and Sunday, i rees 50c. Morning or eye- ning daily only, 1 week, 30e. ning, evening and Sunday US; issues), 1 week, 80c. Subeeentiet prices by mail on "Single copies: Daily, 5c; Sunday, 20c, plus 3% malts tax on sales and deliveries made within the state of Georgia. FRIDAY, JULY 19, 1963 There Are Right and Wrong Reasons ‘For Opposing the Civil Rights Bill ‘The Chamber opposition is based neither on denying that a problem exists nor upon the alternative of doing nothing about solving it. On. the contrary, the Chamber couples its opposition to the legislation with a specific and forthright alternative solution—voluntary progress instead of compelled progress. Like Sen. “Russell, the Chamber Board found the public accommodations portion of the bill to be “particularly ob- jectionable’’ because it would bring in- trusion of fur'ther federal regulation into private property. But unlike Sen. Russell, the Cham- ber Board reiterated an alternative to the legislation; it appealed “to all businesses soliciting business from the general pub- lic to do so without regard to race, color or creed,” solving voluntarily a problem whose solution it does not want to see federally compelled. Atlanta itself is an example of a city that does not need the President's pro- posed law because it is recognizing the problem and solving it voluntarily. This, it seems to us, is the right reason for op- posing the public accommodations bill, If the Southern opposition to the bill in Congress would move up to this posi- tion which has already been taken at home, then it seems to us the arguments would be greatly strengthened, the soliu- tion of racial problems would be consid- erably advanced, and the dignity and reputation of the South would be better served, Or De ad SSS ros Bo ee ain Shift ja
- Tags: Box 17, Box 17 Folder 14, Folder topic: Civil Rights Bill | 1963
- Record Created: April 18, 2017
- Record Updated: April 30, 2021
Box 17, Folder 14, Document 16
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- Title: Box 17, Folder 14, Document 16
- Text: TV e Radio e Comies 15 T ‘C-TV" 5 r Mel Torme luests, the Italian epeat) eles. fowes, Pat quests, Madonna Marcello imbskulls ‘glary. en Show ope tediscovered Bullpen Some iglas tin Newman shy Martin ~ M Talk ow ‘ary. Fond dughes Show Il Muelle! ‘om Fro Cooper r Dick Wyatt Il Show nthe Rogers, to's Lorre, 1 ‘of the” roll Father tle fer Iney traldine Son,’ ay Reporting From The World Of Television and Radio rl Civil Rights’ 2 Faces Confrontation on ABC By John Horn Govs. Orval Faubus of Ar- kansas 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 Confer- ence, will be among those in- terviewed Aug. 11 on “Chron- ology of a Crisis,” first of fiive ABC-TV half-hours on civil rights (Sundays at 10:30 p.m.). The ABC-TV series, “Cru- cial Summer: The 1963 Civil Rights Crisis,” announced last week, will be the first net- work airing of the nation’s dominant domestic issue. A three-hour NBC-TV special on the subject, announced Monday, will be telecast Labor Day. The first ABC-TV program will be a review of major and significant events of the civil- rights story in the United States, especially since the end of World War II. Filming is continuing in Atlanta, Ga.; Clinton, Tenn.; Jackson, Miss.; Little Rock, Ark.; Montgomery, Ala., and New York City and other areas, Others who will appear on the series are Autherine 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; Wil- liam Simmons, leader of the Jackson Citizens Council, and Atlanta Constitution pub- lisher Ralph McGill. Opinion is expected to range from segregationist to inte- grationist, not excluding the equivalent of the fabled Mrs. Murphy, small Southern busi-~ ness woman. The fourth program, on Sept. 1, will include coverage of the planned march on Washington and a review of President Kennedy's civil- rights legislation. Ron Cochran is anchorman, with John Rolfson and Roger Sharp heading a traveling corps of ABC news corre- Spondents. The producer is Bill Kobin. € < > > “Press and Race Issue’ _ An hour program on press, — television and radio handling of the race issue will be tele- cast on CBS-TV Aug. 21 (7:30 to 8:30 9, .m). _ The program, “The Press ‘and the Race Issue,” will in- clude a discussion of Southern and Northern press charges and countercharges moder- ated by Dean Edward Barrett of the Columbia University’s Graduate School of Journal- ‘Participants will include Grover Hall jr. editor in chief of the Montgomery, Ala., Advertiser; James Kil- patrick jr., editor of the Richmond, Va., News-Leader, and CBS News president Richard S. Salant. el > » 1 t h d fi m™ vi ——*
- Tags: Box 17, Box 17 Folder 14, Folder topic: Civil Rights Bill | 1963
- Record Created: April 18, 2017
- Record Updated: April 30, 2021
Box 17, Folder 14, Document 23
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- Title: Box 17, Folder 14, Document 23
- Text: ATLANTA,GEORGIA
- Tags: Box 17, Box 17 Folder 14, Folder topic: Civil Rights Bill | 1963
- Record Created: April 18, 2017
- Record Updated: April 30, 2021
Box 17, Folder 14, Document 37
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- Title: Box 17, Folder 14, Document 37
- Text:
- Tags: Box 17, Box 17 Folder 14, Folder topic: Civil Rights Bill | 1963
- Record Created: April 18, 2017
- Record Updated: April 30, 2021
Box 17, Folder 14, Document 27
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- Title: Box 17, Folder 14, Document 27
- Text: BACKGROUND: A Handbook for Reporters covering the desegregation of Atlanta Public Schools prepared by OASIS Organizations Assisting Schools in September Room 813, SO Whit hall Street, S.W. Atlanta 3, Georgia J �A List of People You May Want to Interview ATLANTA PUBLIC SCHOOLS Sup erintendent: Dr. John W. Letson City H all - Ja 2-3381 Deputy Superint endent: Dr. Rua! W. Stephens ATLANTA BOARD OF EDUCATION Chairman: L J. O'Callaghan 11 Marietta St., N . W. - Ja 1-0238 A ttorney: A. C. (Pete) Latimer Healey Building - 521-1282 ATLANTA DEPARTMENT OF POLICE Chief: Herbert T. Jenkins 175 Decatur St., S.E. -Ja 2-7363 ATLANTA CHAMBER Of COMMERCE President: Ben S. Gilmer American Telephone Co.: 529-8611 Executive Vice President: Opie L. Shelton Commerce Building - 521-0845 ATTORNEY GENERAL OF THE STATE OF GEORGIA Eugene Cook State Judicial Building - Ja 5-0401 ATTORNEYS FOR THE TRANSFER STUDENTS Donald L. Hollowell 859 Hunter St., S.W. - Ja 5-8372 E. E. Moore, Jr. 175 Auburn Ave., N.E. - Ja 4-6861 FEDERAL DISTRICT JUDGE, NORTHERN DISTRICT OF GEORGIA Frank A. H ooper, Jr. Old Post Office Building - Mu 8-3517 GENERAL ASS EMBLY COMMITTEE ON SCHOOLS Chairman: John A. Sibley Trust Company of Georgia - Ja 2-6000 GOVERNOR OF THE STATE OF GEORGIA S. Ernest .Vandiver State Capitol - Ja 1-177 6 GREATER ATLANTA COUNCIL OF CHURCHES President: Dr. Arthur Vann Gibson Church Office: Tr 2-8939 Executive Director: Dr. Loren T . Jenks 163 Walton St. , N.W. - Ja 3-2796 GREATER ATLANTA AND GEORGIA COUNCILS ON HUMAN RELATIONS Director (Atlanta ): Mrs. Walter Paschall 41 Exchange Pl. , S.E. - 525-6468 Director (Georgia): Mrs. William C. Pauley 41 Exchange Pl. , S.E. - 525-6468 �GUTS (GEORGIANS UNWILLING TO SURRENDER) Lester G. Maddox Home: Ce 3-4374, Business: Tr 4-9344 HOPE, IN C. (HELP OUR PUBLIC EDUCATION) Chairman: Mrs. Thomas M. Breeden Home: Bl 5-3820 LEAGUES OF WOMEN VOTERS OF ATLANTA AND GEORGIA President (Atlanta): Mrs. Rushton Coulborn 1036 Peachtree St., N.E. - 876-0732 President (Georgia ·: Mrs . Fleming Law 7 - 17th St. - Tr 2-4075 Public R elations Chairman: Mrs. Edward Vinson , Dr 7-5286 MAYOR OF THE CITY O.F ATLANTA William B. H artsfield City H all - Ja 2-4463 N. A. A. C. P.-ATLANTA BRANCH President: Reverend Samuel W. Williams Church Office: Mu 8-0206 Executive Director: James Gibson 236 Aubu rn Ave., N .E . - M u 8-6064 OASIS (ORGANIZATION S ASSISTING SCHOOLS IN SEPTEMBER) G eneral Chairman: Mrs . Philip Hammer Home : Ce 3-0955 Vice Chairman: Rev. Allison Williams Church Office: Ce 7-6491 Vice Ch airman: Mrs. William S. Shelfer Dr 3-0765 Secretary -Treasurer: Mrs. Hamilton Lokey Ce 7-4215 Executive Director: Mrs. J. C. Harris 50 Whitehall St. - Ja 5-8469 Pub lic Information Chairman: M rs. D avid Neim an - Ce 7-0209 SO U THERN REGI ONAL COUNCIL Executi ve Director: Dr. Leslie W . Dunbar 5 F orsyth St. , N .W. - 522-8764 STAT E D EPARTMENT OF EDUCATION Superintendent: D r. Claude Purcell State Office Building - 688-2390 UNITED CHUR CH W O MEN OF ATLANTA President: Mrs . P hil B. Narmore 872-5 862 �RALPH Atlanta has sought in all things to be a responsible city. This is her great tradition. As early as December 1889, Henry W. Grady, whose name is on our modern and beautiful city hospital, on one of our finest schools, on one of our hotels, and whose statue stands in the heart of our city, said, in a speech made to the Merchants of Boston : "The problem of race ... is so bound up in our honora ble obligation to the world th at we would no t disentangle it if we could ... I would rather see my people render back this question rightl y solved th an to see them gather all the spoils over which fac tion has contended since Cataline conspired and Caesar fought. " This was Grady's basic a pproac h. His opinions, dealing with the context of hi s time, do not all jibe with tod ay's. But, he was rig ht in the great sense .. . it must be rightly solved. This is the city which welcomed back General Sherman, not many years after the war, and gave him a tremendous reception , including a dinner attended by Confederate veterans who directl y had opposed him-a nd who had been driven from the city which he proceeded , in time, to burn. This is the city which has always tri ed to look forw ard , not backward . It has never wa nted to be an old Southern city, caught like a fl y in amber, and dying of qu aintness and musty charm. From the tim e the so und of hammers and the ras p of saws bega n to be heard in the rebuilding of the city after Sherman's fires had died , we have sought to bu ild into th e city a belief in the principles of thi s country, of justice and opportunity. We have not always succeeded . T he record is not unm arred. But we h ave never ceased to try. One of our great strengths is that there have [ 2] �..L been attracted here the graduates of the many institutions over the nation. Every year we are pleased to carry items about the local alumni of Wisconsin , of Minnesota, of California, of Princeton , Yale, Harvard , Smith, Radcliff, Vassar, et al, who are to have a luncheon or dinner and are calling on the faithful to attend. Atlanta has attracted, too, many of the more ambitious young men and women from the smaller cities and towns of our own state and others of the South. We are a city of transportation and communication , and this has brought t·o us young executive and professional men . This press pack is an example. A great many persons, all volunteers, have worked on it. They want yo u to know that after the school decision by the U. S. Supreme Court, this was a city in which there was a debate and a continuing exchange of ideas. The White Citizens Councils, the Klans, and others of that mentality, could , and did, have their say. But they were answered. They did not dominate. They could not coerce or intimidate, as they did in neighboring states. The men and women who have compiled this press pack represent volunteer citizen organizatio ns wh ich have worked for public schools-and for the orderly processes of law. We, of the press, radio and television , have helped them have their say . We commend them to you. One never knows. The forces of evil and violence are unpredictable. But we believe that the overwhe lmin g sentim ent in thi s city is for lawf ul procedures. W hat we chiefly want yo u to know is that we have not been idle. We h ave not sa t with folded hands and wa ited. We h ave not left it for others to do. The people of the city have tried to organize public opinion , and , more important, to inform it. Th is press pack contains the essence of that effort. RALPH McGI LL Publisher, The Atlanta Constitution [3] �CITY OF A T LA NTA OFF ICE of th e MAYOR A t lanta 3, G e o rg ia To the Gentlemen of the Press: On behalf of the City of Atlanta, it is my pleasure to extend you a cordi al welcome. · You have traveled far in order to be present as history is once again made in Atlanta . Knowing Atlanta and her people , I have every confidence that the story you flash to the world will be a positive, dramatic picture of a great City facing profound change with di gnity; a City continuing to be a credit to the N ation ; a City too busy to hate. May your stay with us be both enjoyable and rewarding. And when you go , may you take with you in your mind a memory of the South at its best, and in your heart, a desire to return. We ar e always glad to have you with us. Sincerely yours, Mayor [ 4] �CITY OF ATLANTA DEPARTMENT of POLICE Atlanta 3, Georgia ST ATEMENT OF HERBERT T . JENKINS, CHIEF OF THE ATLA NTA POLICE DEPA RTMENT "T he Board of E ducati on and the Superintendent of Schools bas original and ·complete jurisdiction to operate the public schools of Atlanta. In accordance with state and F ederal regulations and u nder order fro m the Federal Court, the Atlanta schools will be desegregated when school opens on August 30, 196 1. "If an y person or persons object to the m anner or method of operation of the A tlanta Public Sch ools, those objecti ons must be m ade to the Superintendent of School's offi ce at the City H all, and u nder no circum stances will objections be disc ussed , or disturbances be permitted at any of the ind ividua l schools. "Local and State laws have always surrounded and provided special protection for public worship and public schools. Section 36. 14 of the City Code forbid s distu rbi ng public schools and states that 'no person, at or near any p ublic sch ool, shall , by co nversation, sign, or otherwise, engage the attention of any of the pupil s, to the disturbance of such school. ' 'The highest value of the law is the keepin g of the peace- the Atlanta Police D epartment has fu ll responsibility and authority to maintain the peace and good order over the entire city, and espec iall y at and aro und the schools." August 1, 1961 [ 5] �BACKGROUND: ATLANTA {19S4-1961) When the Supreme Court Decision of May 1954 put an end to legal segregation in the nation's schools, Georgia, like other deep South states, adopted an official policy of last-ditch legal resistance. Despite protests from the Georgia Education Association, the League of Women Voters and oth~r responsible citizens' groups, the General Assembly of 1955 adopted a "Private School Plan" which included , among other measures, a provision to cut off funds from any school system which attempted to desegregate. Secure in their legal "Magi not Line" and unhampered by fea r of Federal initiative in enforcing the ruling in "Brown vs. Topeka," most Georgians felt the Supreme Court's emphasis was on the word "deliberate" rather than "speed." Schools would continue in the traditional way; regional mores would remain unchanged. The bitter lessons of Little Rock and Norfolk were as yet unlearned. The changes in Baltimore, St. Louis and Louisville were not deep-South enough to stir Georgians from the blanket of apath y which then covered the entire school question. The first brush with realit y came in January 1958, when a group of Atlanta Negroes. in a "class action ," filed suit agai nst the Atlanta School Board . The suit (Calhoun et al vs. Latimer ) asked that the School Board be enjoi ned from practicing racial discrimination in the public schools. When in June of 19 59 U. S. District Judge Frank Hooper ruled in favor of the pl aintiffs and ordered the Atlanta Board to submit a plan for desegregation by the fo llowing December, the handwriting was clearl y on the wall. The [ 6 ] �School Board had no alternative but to submit a plan. Yet any plan to desegregate Atlanta's schools would be squarely in conflict with Georgia's m assive resistance laws and would automatically fo rce their closure. Meanwhile, in October of 1958, echoes from Norfolk and Little Rock began to reverberate along the Peachtrees. Anxious letters were written to the newspapers. Isol ated groups of citizens held meetings. In November, the School Committee of the Atl anta League of Women Voters publicly submitted ten questions to the School Board, the most important of which was, "Will every school in A tlanta close if the Courts order integration?" T he School Board withheld a public answer since the y were litigants in the pending Court suit; but an Atlanta Constitution columnist outlined the city's dilemma. On November 25th, under the auspices of the League of Women Voters, an open meeting was called to discuss ways and means of keeping schools open. A steering committee was fo rmed to seek coopera tion with the business and fi nanci al leadership of A tl anta. Since it was felt that a public stand at that time would be undesira bl e and premature, the steering committee neve r got off th e ground . T he disengagement of the loca l power structure , the unyielding "never" of the State political leadershi p and th e strident, often threatening segregationist voices clai ming th at "no school s are better than in tegrated ones" were powerful deterrents to organized community action. Yet because the Atlanta papers respo nsibly reported the news fro m other So uth ern cities, pointing out editoriall y the tragic consequences of m assive resista nce elsewhere, ma ny A tl antan s realized their public schools were in jeopardy and sought a way to save them. On December 9, 1958, eighteen white parents chartered HOPE, Inc. (Help O ur P ublic Education), choosing to avoid the integration vs. segregation iss ue by taking an u ncomplicated stand [ 7 ] �for open public schools, period. Conceived primarily as an educational organization designed to clear up the fog of confusion engendered by "massive resistance," "interposition" and other socalled alternatives to compliance, it rapidly became a rallying ground for moderates who previously had suffered to remain silent. With the fervor and enthusiasm only amateurs could maintain, HOPE spawned a welter of public manifestos (Ministers, Educators and Doctors, to name just a few) and generated enough interest by March of 1959 to hold a public rally which drew upwards of 1,500 people and some prominent speakers in support of open schools (Atlanta Mayor Hartsfield, Publisher Ralph McGill, Georgia Legislator M. M. (Muggsy) Smith and Editor Sylvan Meyer) . Favorable press, radio and television coverage Iof the March rally established a bona-fide "Open Schools Movement." HOPE chapters formed in Gainesville, Marietta, Jonesboro, Rome, Athens, Macon and Savannah with other nuclei of interested supporters in cities and towns throughout the state. Inevitably there was opposition, much of it wellfinanced and organized. In addition to the States Rights Council led by Augusta politico, Ro y Harris, the Klans and White Citizens Councils, Atlanta-based centers of resistance such as MASE (Metropolitan Association for Segregated Education) and later GUTS (Georgians Unwilling to Surrender) headed by Lester Maddox, now a candidate in the five-cornered Atlanta m ayoralty race, sprang up to harass open school advocates. On November 30, 1959 the Atlanta School Board submitted a stair-step plan for desegregation of the public school s begi nning with the 12th grade (given in full elsewhere in this pamphlet) . Judge Hooper approved the plan on January 20, 1960 and ordered it into effect the following September; or as soon as the General Assembly of Georgia could enact statutes to allow Atlanta schools to operate. [ 8] �In an attempt to influence legislative action, open school supporters mounted an educational crash program. Mayor Hartsfield proclaimed a "Save Our Schools Week" in Atlanta. Representatives of state-wide civic groups joined together in a coordinated effort. Legislators, business leaders and other opinion-makers throughout the state received repeated mailings underlinin·g the social, economic and educational disasters accompanying school closings elsewhere. The Fulton and DeKalb County legislative delegations which previously had withheld unanimous support, promised to seek legislative change. They were joined by a handful of salons from other parts of the state; but the prevailing sentiment when the General Assembly convened was to let Atlanta bear the brunt of school closings to preserve segregation elsewhere in Georgia. · All during the legislative session public pressure in behalf of open schools grew stronger. Delegations of open school supporters called on Governor Vandiver, Senator Russell, Senator Talmadge and as many legislators as they could buttonhole. As a. result, the Legislature appointed a nineteenmember "General Assembly Committee on Schools" empowered to conduct hearings in each of the State's Congress ional Districts to find out whether "the people of Georgia may wish to make a deliberate determination as to whether future education is to be afforded through direct tuition payments for use in private schools devoid of governmental control , or whether the public school system as it presently exists shall be maintained notwithstanding that the school system of A tlanta and even others yet to come may be integrated . . . " Cynics regarded the Committee as a delaying tactic at best. It had power only to inquire and recommend and it was a foregone conclusion that most Georgians considered "race-mixing" far more disastrous than the abandonment of public education. Yet the strong grass-roots support for [ 9 ] �open schools in nearly every part of the State was a surprise to almost everyone. The Committee had the good fortune to be chaired by widely-respected John Sibley, Chairman of the Board of the Trust Company of Georgia. Mr. Sibley conducted the hearings with good-humored dignity and impartiality. The importance of the "Sibley Commission" in awakening Georgians to the alternatives they faced cannot be overestimated. When the Committee issued its report in April 1960, the 11-member m ajority recommended a Freedom of Choice plan, somewhat similar to Virginia's. The 8-member minority_ stood fast for segregation, even at the cost of closed schools. The division within the Committee itself reflected the sharp differences of opinion in the state. Yet for the first time in the deep South, the majority of an all-Georgia committee appointed by the State Legislature with the blessings of the State Administration recommended that existing laws be changed to allow some desegregation . . . before a Negro ch ild actually applied to enter a w hite public school. After the publication of "The Sibley Report,., Judge Hooper stayed integration of Atlanta schools for a year. On May 9, 1960, he amended the Atlan ta Plan to include desegregation of the 11th and 12th grades at the beginning of the J96 l school year. The Atlanta Plan was to become effect ive "whether or not the General Assembly of Georgia at its session in January I 961 passes permissive legislation. " In Judge Hooper's words, "to order the Atlanta Public Schools to integrate . . . in September 1960 could mean but one thing; that is, the closing of Atlan ta's schools. To postpone this ... will give the Georg ia Legislature ... one last cha nce to prevent thi s closing. " I mmedi ately fo llowi ng this fina l Court decision , HOPE called a "Georgia Open Schoo ls Co nference" attended by 500 delegates in vited from some 87 Georgi a cities, towns or counties. Edward [ 10] �R. Murrow televised this Conference in a nationwide documentary "Who Speaks for the South." As it became more acceptable to speak out openly for legislative change, many came forward with strong public statements. As a Gainesville editor put it, "You can hear minds changing all over Georgia." In the F all of 1960, open school advocates initiated "Operation Las t Chance," taking their cue from Judge Hooper's words . Armed with forthright statements from Churches (all faiths and every important denomination, including the influential Georgia Baptist Convention) ; business leaders (the Atlanta Chamber of Commerce, the Atlanta Jaycees and key individuals throughout the State); lawyers (the Atlanta and Georgia Bar Associations); educators (the Georgia Education Association , "Mr. Jim" Peters, venerable Ch airman of the State Board of Education) ; and m any others, the issue was kept constantly before the public. "D ays of Deci sion" Forums were held in Athens, Rome, A lbany, Columbus, Augusta and Savannah to plead the case for legislative change. The Georgia Chamber of Commerce conducted its own Legislative Forums, with Administration floor-leaders F r ank Twitty and Carl Sanders finding a preponderance of open-school sentiment and refl ecting this in their public statements. All this was played again st the backdrop of New Orlea ns which remained in the headlines throughout the F all. Coincident with the opening of the 1961 Legislati ve Session was the now-famous "Athen's crisis. " When two Negroes were ordered ad mitted to the Uni versity of Georgi a by U . S. District Judge W illi am A. Bootle, Governor Vandiver and the Legislature were prov ided a chaotic exa mpl e of what "bitter-end " resistance meant. Existi ng statutes wo uld fo rce closing Georgia's beloved University ( the nation's oldest state-supported institution of higher learn ing ) and this was too bitter a pill fo r even the strongest segregationists. On [ 11 ] �January 18, 1961 , S. Ernest Vandiver, who had been elected Governor of Georgia only two years prior on a platform which said he would never permit desegregation , underwent a dramatic reversal. In o~der to save the schools of Georgia , he offered a "Child Protection Plan ," through which a community can decide by local school board action or a referendum whether it wants to close its schools when it faces a court order to desegregate. If a community decides for open schools, tuition grants provide mone y for children not wishing to attend integrated schools. The Legislature promptly repealed the mandatory closing Jaws and adopted the Governor's four-bill package. The open schools advocates bad won their bat tle. Atlanta was now free to comply with its Court order, with no threat of school closings. Applications for transfer to the 11th arid 12th grades were submitted by 133 Negro children between May 1st and May 15th. After an exhaustive series of tests and interviews (required by the Atlanta Plan) ten were chosen to enter four previously allwhite high schools (Brown, Grady, Murphy and Northside) . 38 others are still in the process of appealing the Board's decision to reject their applications. One white child, Sandra Melkild, now attending Northside High School, has requested transfer to another presently all-white school , basing her request on "freedom of association ." The Atlanta School Board has denied her a transfer. On August 9th the State School Board overruled the Atlanta Board's decision ; but Judge Hooper has ordered a stay of the State Board of Education's ruling, pending a hearing. Once the conflict between State and Federal laws was resolved , emphasis shifted to desegregation with dignity. The organizations comprising the " Open Schools Movement" sent representatives to call on Dr. John Letson , Superintendent of Atlanta Public Schools, early last February to ask what citizens might do to help create a climate [ 12 ] �of calm, dignified compliance with the law. It was suggested that church, business, service and youth groups outside the immediate jurisdiction of the school administration be encouraged to play a leading role in this effort through public discussion and dissemination of information. A new group, in fact an Organization of organizations, was formed with a broad base of community support. Its name: OASIS (Organizations Assisting Schools in September) an acronym Atlantans feel is descriptive of their city. OASIS, with its 53 affiliates, is divided into three sections-Religious, Civic and Service Groups and Youth-serving Agencies. Members range from service clubs and Girl Scouts to labor unions and the National Association for the Advancement of Colored People. Its activity has been lowkey but intensive, seeking to work through already existing organizational machinery to reach hundreds of thousands of Atlanta's citizens. OASIS has stimulated hundreds of meetings throughout the long, hot Atlanta summer. 126 volunteer discussion leaders h ave been on call to assist at gatherings varying from 200 in the Southwest Community Council to half-a-dozen an~ious parents meeting in a neighbor's living room. A Speaker's Bureau, headed by an ex-president of The Toastmasters, provides information for business and service groups. A troupe of Theater Atlanta Players has presented improvised desegregation skits for teenagers at camps and youth centers all over town . OASIS has brought over one hundred white and Negro youth leaders together and encouraged Atlanta's more prominent citizens to speak out in behalf of responsible compliance. OASIS' Religio us Section spearheaded the observance of "Law and Order Weekend (Friday, August 25th through Sunday, August 27th) during which Atlanta's prolifery of churches and synagogues conducted special prayers for peacefu l transition. Ministers were asked to take their [ I3 ] �vacations before August 15th so that they would be on hand to give moral leadership. All faiths have participated in this effort, with leading clergy and lay representatives playing active roles as catalysts. All of these efforts have received considerable support from Atlanta's newspapers, television and radio stations. Mayor William B. Hartsfield's repeated assertions that Atlanta will preserve its reputation for .g ood race relations have been followed by public and private measures designed to prevent trouble. Police Chief Herbert T. Jenkins has had officers from his department observing racial disturbances in other cities for two and one-half years. The Chief has publicly proclaimed that law and order will be maintained and warned would-be violators of penalties. School Superintendent, Dr. John Letson, has told Atlantans that anything less than desegregation with peace and dignity will "exact a price that will not be paid in full for a generation." And when school opens on August 30th, this city hopes to demonstrate that careful planning and intelligent preparation can prevent the violence that has accompanied school integration nearly everywhere else in the deep South. AN EDITORIAL P.S. WE HOPE YOU WILL READ In writing the forego ing p iece, we h ave tried to give you "just the facts. " Now Jet us tell you what's in our hearts. We had a double purpose in preparing this kit. If our schools desegregate smoothly and without incident- and the overwhelming majority of A tlantans are praying that they will- we wanted you to know why. If a rock is thrown or a demonstration staged, you ought to know that is not the whole story of our city. Ask any of our local newsmen to tell you about the " Open Schools Movement." They'll say we·re [ 14] �,, a bunch of starry-eyed amateurs-a strictly grassroots-type operation held together chiefly with scotch tape and imagination. But they'll also tell you that we held together-through three interminable uphill years to accomplish what those who thought they knew all about Georgia said never would happen in our generation. Who took part in the "Open Schools Movement?" The ordinary people who live in Atlanta-and believe ir or not, much of Georgia. The printer who donated pamphlets and hand-bills on a "pay if yo u get it" basis. The businessmen wh-o gave an office and typewriter, stationery, erasers and all that scotch tape. The lawyers who voluntered their time and brainpower to unsnarl the tangled legal thickets. But most of all, the women of Atlanta who licked the stamps, organized the meetings and stayed on the telephone until they finished the job. Yes, the unsung heroines of the "Open Schools Movement" are mostly ordinary housewives and mothers who left beds unmade and meals uncooked to insure their children's educational future. Is it over yet? Not by a long shot. There are those with whom old ways die hard. We have beard the nation's most m ilitant racists are marshaling their forces to make a stand at this "Second Battle of Atlanta." You must have heard it too- or most of you wouldn't be h ere. W hen the "symbolic ten" go to their classrooms, segregation in Georgia's common schools will be offici ally over. T here are those who wish the ten could be a thousand. There are many who object to even one. But whatever the views that divide them, A tlantans are united in a single hope : that the story that unfolds on August 30th will be m uch different from the one you might have expected . A nd when ten Negro children go to school on Wednesday, the heart of A tlanta will go i n with them. MRS. DAVfD N E IMAN Public Information Chairman OASIS ( Organizations Assisting Schools in September) [ 15 ] �Atlanta Public Schools CTTY HALL ATLANTA 3, GEORGIA To Representatives of the Press, Radio and Television: Citizens of Atlanta have long recognized that good schools are an essential part of a great city. Recent developments have demonstrated a determination on the part of all concerned to assess realisticaf!y the problems we face and to proceed with the educational tasks ahead. Teachers and others who are a part of the Atlanta public school system face the future with confidence and with the firm conviction that changes and adaptations will be made as circumstances require. I am certain that I speak for all school personnel in saying that we are happy to be a p ~rt of a great city that we are convinced will become still greater in the year ahead. Sincerel y, John W. Letson Superintendent JWL/frk [ 16 ] �jv ATLANTA l::C::. CH AM BER Of COMM ERCE 1301 COMM ERCE SUILOING / P.0, SOX 17 4 0 /ATLANTA I , GEOl'tGIA / '21•084 5 ~ f Dear Visitor: A tlanta is on trial. But so are the mass communications media of this n ation. How well we both conduct ourselves will have a great and lasting effect on this city. We, the busines leaders of this city, have never faltered in our solid support of our officials in their determin ation to obey the Jaw. We do not intend to let lawlessness impede this mature city's quest for greatness. We are going to continue to do everything possible here in Atlanta to p lay our rightful role among American cities. We like to think of ourselves as responsible citizens. We know we, in turn, can look to each of you - our visitors- fo r the same high degree of responsible journalism. Sincerely, Opie L. Shelton Executive Vice President [ 17 J �The Atlanta Plan, Amended January 18, 1960, Provides: " Whereas, The State Board of Education has not promulgated rules and regulations relative to the placement of students in the schools, and thfa Board has the inherent power of pupil placemen t, and more complete regulations are necessary. " Now therefore: To insure orderly procedures of uniform application for pupil assignment, transfer, and / or placement, and to enable the continuing improvement of the educational advantages offered the following rules and procedure shall be followed: " ( 1). In the assignment, transfer or continuance of pupils . .. the following factors and the effects or results thereof shall be considered , with respect to the individu al pupil , as well as other relevant matters: "availabie room and teaching capacity in the various schools; "the availab ility of transportation facilities; " the effect of the admission of new pupils upon established or proposed academic programs; "the suitability of established curricula for particular pupils; " the adequacy of the p upil 's academic prepara tion for admission to a particular school and curriculum; " the schol astic aptitude and relative intelligence or mental energy or ability of the pupil; " the psychological qualification of the pupil for the type of teachin g and associations involved ; " the possibility or threat of friction or disorder among pupils or oth ers; " the poss ibility of breaches of the peace or ill will; " the effect of admission of the pupil upon the academic progress of other students in a pa rticular school or fac ility thereof; " the effec t of ad mi ssion upon preva iling academic standards at a particul ar school; " th e psychol og ical effect upon the pupi l of at tend ance at a part icul ar school; " the home environment of th e pupil ; " the maintenance or severance of establi shed soc ial and psychological rel atio nships with other pup il s and with teachers; " the choice and interests of the pupil ; " the ability to accept or confor m to new and different ed ucationa l environment; " the moral s, cond uct, health and personal stand ards of the pupil ; " the request or consent of parents or guardi ans and the reaso ns ass igned th erefo r. " (2). The C ity Superintendent of Schools wi ll ad minister these prov isions, subject to the supervision of the Board. [ 18 ] �(3). The Superintendent will designate the school to which each child applying for assignment or transfer shall go. "All existing school assignments shall continue without change until or unless transfers are directed or approved by the Superintendent or his duly authorized representative. " ( 4) . Applications for admission, assignment, or transfer and/ or placement shall be directed to the Superintendent and delivered to the school principal between M ay 1st and May 15th. (5). A separate applica tion must be filed for each child. (6). Application forms must be filled out and signed by parents or guardians and notarized. The Superintendent may require interviews, tests, and investigation. (7) . Notice of action taken shall be mailed to parents or gua rdians within thirty days or not later than June 15th and will be final action " unless a hearin g before the Board is requested in writing within ten days from the date of mailin g such sta tement." (8) . Parents may file in writing objections to as, ignment or request transfer to "a designated school or to another school." The Board shall act on same within a reasonable time. A hearing will be begun within twenty days of decision by the Board that a hearing is necessa ry. (9). H ea rings on requests for transfers shall be conducted by the Board or not less th an three of the members of the Board , and decisions "of the members or a majority thereof sha ll be deemed a fin al decision by the Board ." (I 0). Unless postponement is requested by the parents or guardi an, the Board will notify them of its decision within ten days after conclusion of the hearings. Every appeal shall be fin all y conducted by the Board before September 1st. Any person dissatisfied with the final decision of the Board may appeal to the State Board of Education. (1 1). Th e Boa rd may ass ign certain pupils to vocational o r other special schools or termin ate their public school enrollm ent altogeth er. ( 12). " Beginnin g September 1, 1960, or on September 1, fo ll owin g favorable action by the General Assembly of Geo rgia, student assignm ent in the Atl anta Public School System shall be made in accord ance with aforesa id rules and regul ations and with out rega rd to race or color. F or the fi rst school yea r in which it is effecti ve, th e pl an shall app ly to the students in the 12th grade. Th ereafter , in each successive year, th e pl an shall be ex panded to the immediate lower grade; e.g. in 196 1-62 grade 11th, in 1962-6 3 gra de 10th, etc. , until all grades a re includ ed. "•:• ( 13) . " N othin g conta ined in this resolution shall prevent the separation of boys and girl s in any sch ool or grade or to prevent the assignment of boys and girls to separa te schools.·· ( 14). T hese ru les shall be contin gent upon th e enactmen t of sta tutes by the General Asse mbly o f G eorgia and shall be submi tted to the Genera l Assembly fo r approval. • O n May 9, 1960 U. S. Distri ct Jud ge H ooper rul ed th a t the P la n of t he Atla nta Boa rd of E duca ti o n fo r grad ua l desegrega tio n be put into o perat io n o n May 1, 1961. A pplicat ions to the twelfth a nd e leve nth grades of the Atla nta Public Schools were received fro m May I to I 5. [ 19 ] �The Atlanta Public Schools: Some Facts and Figures Prepared by the Atlanta Department of Education THE FOUR SCHOOLS TO BE DESEGREGATED Brown High School, named for Joseph E. Brown, Civil War governor of Georgia, is located at 765 Peeples Street, S.W. West End, as the section is popularly known, is an old and established part of the city where the population now comprises low to middle income families, although many longtime residents still retain and live in their fine old homes. It is a section of strong loyalties and considerable pride of accomplishment. The principal of the school, Maxwell Ivey, formerly principal of Hutchinson Elementary School and former Director of Athletics and coach of champion football teams, is serving his first year as a high school principal at Brown. The school may be reached from City Hall by driving west on Whitehall, thence to Gordon, left on Peeples for three blocks. There are about 1200 students and 50 teachers in the school. In 1961 there were 131 graduates with approximately 45 % attending college. Both students and teachers are very loyal to the school and its fine tradition of good conduct and high ideals. Murphy High School was opened in 1930. Its present principal is George M. McCord whose tenure as principal began in 1942. Mr. McCord is well known in national camping circles, is very active in YM CA, and other youth serving organizations. Thei address of the school is 256 C lifton Street, S.E., adjacent to Memorial Drive. The school may be reached by going east on Memorial Drive for approximately 3 miles. There are approximate ly 1200 students and 50 teachers in the school. Of the 205 graduating this year, about 50% continued in college. The community is a section of moderate priced homes, law abidi ng citizens, and church-going population. The school is particularly noted for a balanced program of meeting student needs and interests. Henry Grady High School was created in 1947 from old Boy's High School and old Tech H igh School which was once situated in the same building and on the same grounds. Named for Henry W. Grady, famous orator a nd newspaperman, the school h as taken great pride in its preparation of students for college. Located at 929 Charles Allen Drive. N. E .. ( formerly Parkway Drive) the school is relatively close to the downtown section but is also accessible to very fine resident ial areas of the city. T he school population ranges from families of lower middle in- [ 20] �comes to relatively high incomes, with considerable diversity in religious and ethnic composition. It may be reached by way of Peachtree, Ponce de Leon and Charles Allen Drive; or by Peachtree and 10th Street. The principal is Roger H . D erthick (i ncid entally, brother of Lawrence Derthick, former U. S. Commissioner of Education) who is president of the Atlanta Teachers Association. The school has an enrollment of about 1500 students and there are uO or more teachers. Approximatel y 80 % of the students continue their educatio n in college. Northside High School , whose address is 2875 Northside Drive, N .W. , is located in an upper income section of the city. Mr. W. H . Kelley has been principal of the schoo l since its inception in l 950. The school is in that portion of the c ity annexed in 1952. Former coach and Engl,ish teacher, he presides over the school with humor and dignity. The school has an enrollment of approximately 1100 a nd there are about 45 teachers. More than 88 % of the 242 graduates this year will conti nue in college. The school has maintained strong lead in football championships in recent years and is one whe re students indica te a strong school spirit. The school may be re ached by going north on the Expressway to Northside Drive, or by going Peachtree Road to West Wesley, turn left to Nortbside, then right one block. Historical Facts About Atlanta School System Established in 1872 with an enrollment of 3293 elementary pupils and 301 high school students. Inauguration of 6-3-3 orga niza tion in 1923 with 8 junior and 4 senior high schools. Enrollment 53,49 1 students in alJ sch ools. E stablishment of communi ty, co-educational comprehensive high schools in 1947. Total enrollment 60,761. Annexation of 39 schools and approximately 20,000 new st udents in 1952. Decentra liza tion of administrati on and Area organiza tion 1956. More than 42 millions expend ed fo r new school buildings since 1946. Board of Education P resident, L. J . O'Cal! aghan; Oby T. Brewer, Jr.; Dr. Rufus E. Clement; Ed S. Cook; Glenn Frick; Elmo Holt; Harold F. Jackson; Mrs. Clifford N . Ragsdale; Fred M . Shell. Administration Superintendent, D r. John W. Letson; D eputy Superintendent, D r. Rua ! W. Steph ens; Assista nt Superintendents, J arvis Ba rnes, J. Everette D eVa ughn; Area Superintendents, Dr. H . A. Bowen, Dr. Ed S. Cook, Jr. , D. W . H eidecker, Warren T . Jackson, D r. G. Y. Smith; Comptroll er, E . R. Holl ey. Direct ors and Supervisory Staff D irectors 18; Co-ordin ators and Supervisors 7; reso urce personnel 3 J. Area O rganization Decentra lization of administra tion and instructi onal supervis ion by subd ividin g to 5 geograp hica l school areas under Area Su perintendents and supervisory staffs. [ 21 ] �Schools Structural organiza tion : Elementary, kindergarten through 7; high schools, grades 7-12; 2 vocational schools; 2 evening high schools; 2 evening vocational schools; 5 special schools. No. of No. Enrollment A.D.A. Teachers Elementa ry High Schools TOTALS 75,302 29,456 104,758 119 26 145 63,562 24,640 88,202 2,265 1,220 3,485 High Schools Minimum requirements for diploma (beyond 8th grade) : English 4 units, social studies 3 units, m ath 2 units, science 2 units, "activities" 2 units, electives 5 units. College preparatory a nd distinctive diploma curricula available in all high schools. % Noof No. of A11e11ding A .D.A . Grad11a1es College Name Tea chers 23% 120 50 988 Archer 45% 36 665 112 Bass 45 % 51 1087 131 Brown 516 D ykes 25 27 547 80 East Atla nta 41 924 177 20% Fulton 552 George 30 64 80% 1356 Grady . 60 256 81 1784 243 29% Howard Murphy 49 1030 48% 205 53 1091 239 85% North Fulton ·242 44 981 88% Northside 42 O'Keefe 786 87 23% 1614 29 % Price 78 200 43 840 25 % 107 Roosevelt Smith 36 532 18% 98 1147 47 % Southwest 53 234 Sylvan 46 1021 41 % 179 Therrell 29 585 1623 Turner 69 201 45 % 2243 106 W ashingto n 324 68 % 1072 West Fulton 52 148 21 % finances Operating budget, 30 millio ns. Sources of income: local taxes 55.1 %; sta te taxes 28.2 %; other sources 2.5%; cash b ala nce 14.2 %. Allocation: administrat io n 2.1 %; instruction 71.9 %; m a intenance 4.7 %; operation 7 .0 %; opera tin g b alance 5.6%; others 8.7 %. Tea cher Salaries (Annu a l sa lary in 12 monthly payments) Certifica1io11 Mi11 in111111 Maxim 11111 Years to R each M axi11u11n $4308 4500 4920 5520 $6540 7164 7896 8688 19 22 24 25 B.A. . M.A . . . . 6 year College Doctorate Buildings and Grounds Category E lementary High School TOTALS . No. Units 130 45 175 No. Acres 535.5 343.1 878.6 [ 22 ] No. Classrooms 2 194 1186 3380 Va/11e $4 1,985,331 30,692 ,01 I 72,677 ,324 �libraries No .of Books 280,211 208,413 488,624 Categories Elementary High School TOTALS Cafeterias 0 \.) "' . ?- ~ cCo <:~ --.l "' -"' 0~ cC <: "' .'§. ., ~ ~ ~Cl:) "'t: c:i 1,312,974 306,972 1,619,946 .,, .., ~ -~"' Circulation <:~ <., "' ~ Elementary 113 5,416,697 8,813,776 $1,806,116 $1,820,732 High Schools . 24 1,666,919 2,445,01 5 921,274 920,331 TOTALS 137 7,083,616 11 ,258,791 2,727 ,390 2,741,063 Special Education "' -~ cCo 0 \.) Elementary High Schools TOTALS ~--::::~ "5: -:: .§"' 'e::"!=: -..:::: :::: ~-:- "'"' "'0 ~~ ~:t: 60 11 71 20 2 22 ,.,"< i;; Co "' - ~-~ "' c,-<:, "' ..::; ~c:i a r,.. 4 0 4 11 2 13 112 18 130 Co 'i~ . :; "'"' 17 3 20 ~ 0 0 Radio and Television Education Radio a nd television statio ns owned by Board of Education. Over 500 radio and TV sets in the schools;" over 60,000 studen ts viewing and hea ring 89 radio a nd 58 TV programs per week in 139 schools. TV instruction in Health, General Science, General Biology, World History, Physics, Social Stud ies, Mathematics, Frenc h and S panish. Health and Physical Fitness Required of all e lementa ry p upils a nd 8th a nd 9th grade stude nts. Interscholastic a thle tic program in 2 3 high schools comprises J7 teams in each hjgh school in 10 different activities under 11 5 teacher-coaches. P a rticipatio n, exclusive of bands a nd pep squads, by 5,000 students in 113 home games viewed by 200,000 spectators. Audio-Visual Education Esta blished in 1921, one of the oldest educa tional aud iovisual depa rtments in the na tion; school system has 5,000 pieces of A-V equipment and 10,000 A-V items; 2,000 presentations in classrooms; planetarium for space science instruc tion; primate ho use with fu ll-time instructor. Future Plans and Needs Three new high schools; 400 additiona l elemen tary c lassrooms; warehouse a nd school services building; administration building; c urriculum development, super-visory, and materia ls center; a utoma ted da ta processing equipment a nd staffing; expansion o f curricular a nd instructional leade rship program . [ 23 ] �MAPS of high school grounds by Atlanta Police Dept. BROWN HIGH SCHOOL GOROoN' l HENRY GRADY HIGH SCHOOL I N [ 24 ] �Red line marks curb across adjacent streets. This line encloses area off-limits to public and press. MURPHY HIGH SCHOOL -r-=- C I TY LIMIT fJEKALB co. ~ M NORTHSIDE HIGH SCHOOL fr ~ (\ <,;- . ] ~~I ,~ ~ JlW. -l1- -· - WESLE Y RO - 11- --------·-- ----- -- . J [ 25 ] . N �1 ~ Information About the Transfer Students All of the ten transfer students, in the words of Deputy School Superintendent Rua! Stephens, " have outstanding school academic records, made excellent scores on the tests given them and very favorable impressions" when the y were interviewed by school officials. Some of the 10 were accepted in spite of the fact that their residences are nearer their present schools than the schools they asked to attend . School officials said that in such instances there were factors of " overriding importance" which figured in the decisions to accept the students. In one case, a youth aspired to go to the Naval Academy at Annapolis and was unable to get the ROTC training or special college preparatory courses in m athematics and physics at his present school. School officials m ade it clear from the beginning th at an important consideration in whether a Negro student was accepted or rejected would be his chances of doing well in a new school environm ent. Those finally accepted had composite test scores wh ich in most instances exceeded the median composite scores of the grades and schools to which the y are being transferred. Allen , D emaris-16 years old. Accepted for the 12th Grade, Brown High School. Composite test score: 94.6. Median in 12th Grade at Brown: 66.4. Asked for transfer in order to receive speci al training in social studies , science and mathematics. Special interest: Arch aeology. Previous extra-curricul ar activities : Dramatic and Dance Clubs, Junior Red Cross, Honor Society. [ 26 ] �Black, Willie Jean-15 years old. Accepted for 11th Grade, Northside High School. Composite test score: 93 .8. Median in 11th Grade at Northside: 82.8. Asked for transfer because of superior curriculum offered in science and mathematics. Special interest: Medical career. Previous extracurricular activities: Laboratory assistant, Honor Society, Science program at Morris Brown College. Gaines, Donita-16 years old. Accepted for 11th Grade, Northside High School. Composite test score: 92. Median in 11th Grade at Northside: 82.8. Asked for transfer because of superior curriculum . Special interest : Engineering. Previous extra~curricular activities : Honor Society, Library Assistant, Student Government, Y-Teens. Ho lmes, Marth a A on-17 years old . Accepted for 12th Grade, Murph y High School. Composite test score : 72.2. Median in 12th Grade at Murphy : 65.6. Asked for transfer because of crowded conditions at Howard High School. Special interests: Chemistry and m athem atics. Previous extra-curricul ar activities: Band, Business-office assistant, English Club, Honor Society, Student Government. Jefferson , Lawrence-] 7 years old. Accepted for 12th Grade, Grady High School. Composite test score : 85.8. Median in 12th Grade at Grady: 79. Asked for transfer because of overcrowding at Howard H igh School. Speci al interests: Mathemat ics and English. Previous extra-curricular activities: Honor Society, Student Government, Cit y-wide Stude nt Council. [ 27 ] �McMullen, Mary James-16 years old. Accepted for 12th Grade, Grady High School. Composite test score: 69.6. Median in 12th Grade at Grady : 79. Asked for transfer because of overcrowding at Howard High School. Special interests: Social Science teaching. Previous extra-curricular activities: Basketball, Choir, Cheerleading. Nix , Madelyn-15 years old. Accepted for 11th Grade, Brown High School. Composite test score : ·83 .6. Median in 11th Grade at Brown: 65.8. Asked for transfer because of superior curriculum in mathematics and physics. Special interest : Medical ·career. Previous extra-curricular activities : Honor Society, Orchestra, Student Government. Simmons, Arthur C.-16 years old. Accepted for 12th Grade, Northside High School. Composite test score : 84.4. Median in 12th Grade at Northside : 84. Asked for transfer because of superior curriculum, particularly Mechanical D rawing. Special interest: Engineering. Previous extra-curricular activities : Honor Society. Walton , Rosalyn- 16 years old. Accepted for 11th Grade, Murphy High School. Composite test Score: 56.8. Medi an in 11th G rade Murphy: 67 .8. Asked for tra nsfer because of proxim ity to home. Special interest : E lementary school teaching. Previous extra-curricular activities : Choi r, Honor Society. Welch, Thomas E .-1 6 years old . Accepted for 11th Grade, Brown High School. Compos ite test score: 89 .2. Median in 11th G rade at Brown: 65.8. Asked for transfer in order to take ROTC, unava ilable at Washington H igh School. Special interest : Admission to A nnapolis and future N aval Career. P revious extra-curricular activities : Chorus. [ 28 l �Sigma Delta Chi Code of Ethics I. The primary function of newspapers is to communicate to the human race what its members do, feel and think. Journ a lism, therefore, demands of its practitioners the widest range of intelligence, of knowledge, and of experience, as well as natural and trained powers of observation and reasoning. To its opportunities as a chronicle are indissolvabl y linked its obligations as teacher and interpreter. II. To the end of findin g some means of codifying sound practice in just aspirations of Am erican Journ a lism these gains are se t forth: 1. RESPONS!BlLITY The right of a newspaper to attract and hold readers is restricted by nothin g but consideration of p ub lic we lfa re. The use a newspaper m akes of th e sha re of public attention it gai ns, se rves to determ ine its sense of responsibility whi ch it shares wi th ever y m ember o f its staff. A jo urn a list who uses his power for any selfish or o th erwise un wo rthy purpose is faithless to a h igh tru st. 2. FREEDOM OF THE P RESS Freedo m of th e press is to be guarded as a v ita l rig ht of m a nki nd. It is th e unqu estion able rig ht to di sc uss whatever is not explicitl y forbidden by law, incl uding the wisdom of any restrictive statu te. 3. I NDE PENDENCE Freedom fro m a ll ob liga tions, except th at o f fide lity, to th e pub lic in terest is v it al. A. Pro motion of any p ri vate interest, co ntrary to the ge nera l we lfa re, for whateve r reaso n, is not co mpatib le with honest journalism. So-called news co mmuni ca ti ons from private sources should not be published wi th o ut public notice of their sou rce or e lse substa ntiation of their claims to va lue as news, bo th in fo rm and substance. B. Pa rtisanship, in editorial comm ent, whi ch knowingly departs fro m the truth, does vio lence to the best spirit of journ a li sm ; in the news columns, it is sub versive of a fu nd amental pri nciple of the p rofessio n. 4. ALL SINCERITY, TRUST, ACCURACY. Good fa ith with the reader is the fo un datio n of all journa lism worthy of the name. [ 29 ] �Youth-Serving Organizations Section: Chairman, Mrs. John Steinhaus Co-Chairman, Mrs. R. H. Brisbane Atlanta Boys Clubs Atlanta Girls Clubs Atlanta Jewish Community Center Bethlehem Community Center B'nai B'rith Youth Organization Girl Scouts Grady Homes Community Girls Club Interdenominational Youth Center Religious Education Association Salvation Army Temple Youth Group Wesley Community House YMCA YWCA Religious Organizations Section: Co-Chairmen: Reverend Nat Long Reverend Norman Shands Atlanta Chapter, American Jewish Committee Diocesan Council of Catholic Women Georgia Council of Churches Greater Atlanta Counci l of Churches Interdenominational Ministerial Alliance United Church Women of Atlanta and Georgia Churches of every faith: Catholic, Eastern and Greek Orthodox, Jewish and Protestant; and every denomination within each faith: Jewish : Orthodox, Conservative, Reform. Protestant : Alli ance, Assembly of God, Baptist, Christian Science, C hurch of Christ, Church of God , Congregation al, Episcopal, Friends, Holiness, Latter Day Saints, Lutheran, Methodist, N aza rene, Primitive Baptist, Presbyteri an, Salvation Army, Seventh Day Adventists, United Liberal , Unity. [ 32 ] - �~ 37 �
- Tags: Box 17, Box 17 Folder 14, Folder topic: Civil Rights Bill | 1963
- Record Created: April 18, 2017
- Record Updated: December 29, 2017
Box 17, Folder 14, Document 1
- Result Type: Item
- Item Type: Text
- Title: Box 17, Folder 14, Document 1
- Text: | er rergrare KKKKK KK kkk KKKKKKK KKK KKKKKK KKK KKKKKK KK Kk hs i ' A critical commentary upon the President's pending “Civil Rights” Bill of 1963, prepared and distributed by the Virginia Commission on Constitutional Government. k Kk kK kK KKK KKK Tea eae KKKKKKKKKKKKK CIVIL RIGHTS AND LEGAL WRONGS From the moment the President’s omnibus Civil Rights Bill was introduced in June, the entire resources of the Federal Government have been 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. VIRGINIA COMMISSION ON CONSTITUTIONAL GOVERNMENT Travelers Building, Richmond, Virginia CIVIL RIGHTS AND LEGAL WRONGS The logic is said to go something like this: All decent Ameri- cans should support good things. All decent Americans should op- pose bad things. Racial discrimination is a bad thing. Bills to prohibit racial discrimination are good things. The President's pending Civil Rights Bill is intended to prohibit racial discrimination. Therefore, his bill is a good thing, and all decent Americans should support it. If this were all there were to it—if the problem were as simple as A plus B, and therefore C—nothing could be gained by further discussion of the President's proposal. All decent Americans would be of one mind. But the problems that have produced this bill are not easy prob- lems, and the bill is not a simple bill. One 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 way in which a goal is reached. Such careful distinctions need to be made in this case. We believe this bill is a very bad bill. In our view, the means here proposed are the wrong means. The weapons the President would contrive against race prejudice are the wrong weapons. In the name of achieving certain “rights” for one group of citizens, this bill would impose some fateful compulsions on another group of citizens. The bill may be well-intentioned—we question no man’s motivation in supporting it—but good intentions are not enough. In this area, we need good law. And the President's bill, in our view, is plain bad law. ‘That is perhaps the least that could be said of it. In our judg- ment, this bill violates the Constitution in half a dozen different ways: It would tend to destroy the States’ control of their own voting requirements. : It would stretch the Commerce Clause beyond recognition. It wrongly would invoke the 14th Amendment. It would undermine the most precious rights of property. ] 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 respon- sible 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 pas- sionate 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: e Title I relates to “voting rights.” It would place elaborate new controls upon the States’ constitutional authority to fix the qualifications of voters. e Title II relates to “public accommodations.” It would com- pel the owner of almost every business establishment in the United States to serve all persons regardless of race. e Title III, relating to the “desegregation of public educa- tion,” would vest sweeping new powers in the U. S. Com- missioner of Education and the Attorney General to deal with “racial imbalance” in schools throughout the country. e Title IV would set up a new Federal agency, the “Com- munity Relations Service.” e Title V would continue the Commission on Civil Rights until 1967, and endow it with broad new authority. e Title VI amends all statutes providing financial assistance by the United States by grant, contract, loans, surance, 2 guaranty, or otherwise. It would permit such assistance to be suspended upon a finding of racial or religious discrimi- nation. e Title VII authorizes the President to create a “Commission on Equal Employment Opportunity,” possessed of “such powers as may be conferred upon it by the President” to prevent discrimination under contracts in programs or ac- tivities receiving direct or indirect financial assistance from the United States government. This is what the bill is all about. At first glance, perhaps, many persons may see nothing wrong in the several proposals. In this emotional hour, one is tempted to leap from a sincere conviction that discrimination is wrong, to a false conclusion that a Federal law is the proper way to prevent it. We do not believe the intensely personal problems of racial feeling can be solved by any Federal law; the roots go deeper than Congress can reach. In any event, we be- lieve that whatever might be gained by this particular Federal law, if anything, the positive harm that would be done to constitutional government would far outweigh the hypothetical good. TITLE I—VOTING RIGHTS In the United States, beyond all question, the right to vote is just that—a right to vote. For most Americans, probably the ancient right of property ranks first in their daily lives; it is the oldest right of all. But as political beings, they view the right to vote as basic. As the President has said, it is ultimately the right on which the security of al] other rights depends. A moment's reflection, however, reminds us that the right to vote is not an absolute right. Children cannot vote. Lunatics cannot vote. Certain convicts cannot vote. Beyond these obvious limitations, it is evident that persons in Virginia cannot vote for a Senator from New York. Residents of Albany cannot vote for the City Council of Schenectady. And the man who moves to Manhattan on a Monday cannot vote for the Mayor on Tuesday. These are elementary con- siderations, of course, but it does no harm to spell them out. Why is all this so? It is because the right to vote, though it is described in the 15th Amendment as a right accruing to “citizens of 3 the United States,” is in its exercise a right accruing to citizens of the several separate States. It never should be forgotten that when- ever we vote, we vote as citizens of our States. We never vote nationally. We 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 1t so. Three provisions of the Constitution merit attention. First, the 15th 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 ap- propriate legislation. The briefest perusal of Mr. 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.” The 15th Amend- ment is not relied upon at all. If the bill were based clearly upon the Fifteenth, the position of the Virginia Commission would be wholly different. We might object that a bill along these lines were unwise, or unwarranted; but we would not oppose it as unconstitutional. No. 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 servi- tude.” This bill applies to all citizens, everywhere. Therefore, 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 shall 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 House of Representatives shall be composed of mem- bers chosen every second year by the people of the several States, and the electors in each State shall have the qualifica- tions requisite for electors of the most numerous branch of the State legislature. [Emphasis supplied]. 4 visions 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 furnished the individual registrant “within 25 days of the submission of his written 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 litera- cy, comprehension, and intelligence to vote in any Federal election.” We take no position here on the merits of these proposals as such. They are as may be. Our contention is that such proposals plainly deal with the qualifications of electors in the several States. These proposals have nothing whatever to do with the “times, places, and manner of holding elections.” In our view, they are simply be- yond the authority of the Congress to enact. They plainly 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—fewer than 15 percent of the adult Negroes have registered to vote. The Virginia Commission would make its own position clear: We have no patience with conspiracies or chicanery or acts of intimidation _ intended to deny genuinely qualified Negroes the 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. Wherever such acts have occurred, they are to be emphatically condemned. We do say this: There is abundant law on the books—there was abundant law on the books even prior to enactment of the Civil Rights Acts of 1957 and 1960—to prohibit and to punish such willful acts by local registrars. All that is re- quired is that the existing laws be enforced. If the Congress some- how is persuaded that still further Jaw 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 ser- vitude,” the Amendment plainly vests in Congress the power to adopt appropriate legislation. We come back to the larger point. The key provisions of Title I, as a whole, have nothing to do with “race, color, or previous Con- dition of servitude.” These provisions assert, on the part of the 6 There are two other such provisions, but it is needless to quote them. The second proviso impales the smallest hotdog stand upon the transportation of its mustard. There is not a neighborhood soda fountain in American, not a dress shop, not a hat shop, not a beauty parlor, not a single place or establishment beyond the tiniest roadside stand of which it may be said that a substantial portion of its goods, held out for sale or use, has not moved in interstate commerce. We would urge thoughtful Americans, wherever they may live, whatever their views may be on questions of race relations, to ponder the twisted construction here placed upon the Commerce Clause. When the Congress first began to regulate “commerce among the several States,” the object was to regulate the carriers in which the goods were hauled. In time, a second area of regulation developed, as the nature of the goods themselves came into the congressional power. Then a third area developed, as Congress sought to regulate the conditions under which the goods themselves were manufactured. 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 op- erate as regulated public utilities. Now the restricted class of public service corporations is to be swept aside. Here Clancy's Grill and Mrs. Murphy’s Hat Shoppe are equated with AT&T. The neighbor- hood drug store is treated as the gas company: It must serve. Within 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 attention: We do not propose to defend racial dis- crimination. 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 about. This right is vital to the American system. If this be destroyed, the whole basis of individual liberty is destroyed. The American system does not rest upon some “right to be right,” as some legislative majority i] may define what is “right.” Jt rests solidly upon the individual's right to be wrong—upon his right in his personal life to be capricious, ar- bitrary, prejudiced, biased, opinionated, unreasonable—upon his right to act as a free man in a free society. We plead your indulgence. Whether this right be called the right of free choice, or the 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 the Constitution. Its exercise colors our entire life. When a man buys union-made products, for that reason alone, as op- posed to non-union products, he discriminates. When a Virginian buys cigarettes made in Virginia, for that reason alone, as opposed to cig- arettes made in Kentucky or North Carolina, he discriminates. When a housewife buys a nationally advertised lipstick, for that reason alone, as opposed to an unknown brand, she discriminates. When her husband buys 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 commerce. The examples could be endlessly multiplied. Every reader of this discussion will think up his own examples from the oranges of Florida to the potatoes of Idaho. And the right to discriminate ob- viously does not end with questions of commerce. The man who blindly votes a straight Democratic ticket, or a straight Republican ticket, is engaged in discrimination. He 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. The man who habitually buys the Times instead of the Herald Tribune, or Life instead of Look, or listens to Mr. Bernstein instead of to Mr. Presley, is engaged in discrimination. Without pausing to chop logic, he is bringing to bear the accumulated experience—the prejudice, if you please—of a lifetime. Some non-union goods may be better than some union goods; some Democrats may be better than some Republicans; some issues of Look 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 arbitrary judgment—universally have been re- garded as a man’s right to make on his own. The vice of Mr. Kennedy's Title II is that it tends to destroy this concept by creating a pattern for Federal intervention. For the first time, outside the fully accepted area of public utilities, this bill undertakes to lay down a compulsion to sell. 12 We raise the point: If there can constitutionally be a compul- sion to sell, why cannot there be, with equal justification, a compul- sion to buy? In theory, the bill is concerned with “burdens on and obstructions to” commerce. In theory, the owner of the neighbor- hood restaurant imposes an intolerable burden upon interstate com- merce if he refuses to serve a white or Negro customer, as the case may be. But let us suppose that by obeying some injunction to serve a Negro patron, the proprietor of Clancy's Grill thereby loses the trade of ten white patrons. In the South, such a consequence is en- tirely likelv; it has been demonstrated in the case of Southern movie houses. Can it be said that the refusal of the ten whites imposes no burden on interstate commerce? Plainly, these ten intransigent customers, under 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 Clancy's for their meals? Where does this line of reasoning lead us? How would all this be enforced? Under Title Il, the At- tornev General would be required to investigate complaints of denial of service. Persistent acts of discrimination would be prohibited by Federal injunctions, obtained in the name of the United States. Any person who attempted to interfere with Clancy's decision would be subject to individual injunction. And at the end of every such pro- ceeding lies the threat of fine or imprisonment for contempt of court. There would be no jury trials. This has been a very abbreviated summary of the “public ac- commodations” features of the President’s bill. A definitive analysis could be much extended. Not only is the Commerce Clause distorted beyond recognition, the provisions of the Fourteenth Amendment also are warped to cover individual action as opposed to State action. Our hypothetical Clancy could not call upon the police to eject an unwanted customer, trespassing upon his booths and tables. Reliance upon local police to enforce old laws of trespass, under this bill, would be regarded as an exercise of “State action.” Clancy has become the State. Like Louis of old, he too may say, “L’état, c'est moi.” TITLE III—DESEGREGATION OF PUBLIC EDUCATION Title TI of the President's bill goes far beyond all decisions of the Supreme Court in the field of school desegregation, for it im- 13 plicitly couples the formal desegregation of public schools in the South with the elimination of “racial imbalance” in schools through- out the land. The bill proposes to achieve these aims by vesting broad new powers in the Commissioner of Education and the Attor- ney General. Even private schools, if their pupils received tuition grants from a governmental source, would be brought into line. The opening provisions of Title III authorize the Commissioner, upon application from local school officials, to engage in a wide varie- ty of programs of advice, technical assistance, grants, loans, contracts, and training institutes. The Commissioner would control the amounts, terms, and conditions of such grants. They would be paid on the terms he prescribed. He alone would fix all “rules and regulations” for carrying out these programs to promote desegregation and to relieve “racial imbalance.” Presumably, the authority of Congress to promote this busywork for the Commissioner is to be found in the fifth section of the 14th Amendment. This is the section that empowers Congress to adopt “appropriate legislation” in support of the Equal Protection Clause. If the Equal Protection Clause truly were intended to prohibit a State from maintaining racially separate public schools, such legisla- tion perhaps would be “appropriate.” The history of public educa- tion in the United States, in the years immediately following the purported ratification of the 14th Amendment in 1868, utterly denies any such intention. To this day, no law of the United States re- quires desegregation. These programs of the Commissioner of Educa- tion are cart before horse; they are the sort of programs that would implement a law if there were a law; but there is no law. There is the Supreme Court's opinion of 1954 in Brown v. Board of Education, and there are other high court opinions emanating from it, but im- pressive and historic as these decisions may be, they are still no more than judgments binding named defendants in particular lawsuits. It should be emphasized, again, that these decisions have noth- ing to do with “racial imbalance” in public schools. They are limited to judgments requiring that the States shall not deny to any person on account of race the right to attend any school it maintains. The shifting of students from school to school in order to “remove racial imbalance,” with or without Federal aid and regulation, is not within the ambit of the desegregation decisions. Under this gross distortion of the 14th Amendment, school children throughout the country would become pawns in a game of power politics. 14 It seems to us desirable to keep this distinction in mind, between laws enacted by the Congress, and judgments imposed by the court. The Constitution is the supreme law of the land, but when the court acts in a suit arising under the Constitution it acts judicially, not legislatively. If local school boards throughout the South are to be prohibited by law from maintaining separate school systems, a law must be passed “pursuant to the Constitution” to impose such a pro- hibition. Until then, any such grants and loans and training pro- grams as these would appear premature. And we would take the position, in the light of the history of the 14th Amendment, that such a law would not be “pursuant to the Constitution.” It would violate the plain intention both of those who framed the amendment and also of the States that ratihed it. Such legislation would not be “ap- propriate” legislation. Meanwhile, we do not intend to be captious or legalistic. The Brown decision has been treated as if it were indeed legislation. For good or ill, the desegregation of public schools proceeds, These partic- ular provisions of Title III are better subject to criticism simply as manifestations of the bureaucratic Federal sprawl. More serious, in our view, are the provisions of Title III that would vest elaborate new powers in the Attorney General. The ef- fect of these provisions would be to throw the entire massive weight of the Department of Justice, with its unlimited resources, into the scales of almost any parent in search of a free lawsuit. The basic complaint would be that some local school board “had failed to achieve desegregation.” But as we have tried to point out, in the overwhelming majority of school districts in the South, there is now no legal requirement that local school boards even attempt to achieve desegregation. Before there can be a failure of a duty, there must first be a duty. These provisions of the bill simply assume the duty, and leap to its failure. Our apprehension is that the awesome power here proposed, for a proliferation of suits “in the name of the United States,” would create more turmoil than it would settle. The “orderly progress of egation in public education” would not be enhanced, but im- paired, as resentments were stirred up that otherwise might be peace- fully resolved. And we cannot see the end to the bureaucracy that could be required to prosecute suits “in the name of the United cedent were set in the single area of school de- desegr States,” once this pre segregation. 15 TITLE IV—ESTABLISHMENT OF COMMUNITY RELATIONS SERVICE This title would create a new Federal agency, the “Community Relations Service,” headed by a director at $20,000 a year. Presuma- bly, it would fulfill some functions not now fulfilled by the Civil Rights Commission, the President's Fair Employment Practices Com- mittee, the established churches and various civic bodies, the count- less racial commissions around the country, and the civil rights divi- sion of the Department of Justice. The duties of this Service would be “to provide assistance to communities and persons therein in resolving disputes, disagreements, or difficulties relating to discrimina- tory practices.” [Emphasis supplied]. We are not inclined to haggle over the amount of time, energy and money that might be wasted by one more Federal agency in the civil rights field. We do call attention to the italicized language. In our own view, it simply is not the function of Congress, under any provisions of the United States Constitution, to dispatch Federal agents to countless communities in order to resolve racial disagree- ments among “persons therein.” TITLE V—COMMISSION ON CIVIL RIGHTS The Virginia Commission on Constitutional Government ex- presses neither 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 Civil Rights to November 30, 1967, and would lay down certain standardized rules for its further hearings and investigations. In our own view, the Commission on Civil Rights has contri- buted little or nothing toward the unraveling of the knotty tangles of race relations in the United States. Its recommendations in the spring of 1963, proposing the withdrawal of grants, loans, and even con- tracts from Southern States that did not meet its own notions of right conduct, amounted to an outrageous proposal for denial of the very equal protections it professes to support. We perceive no useful achievements of this Commission, but we raise no constitutional ob- jections to its continuance. 16 TITLE VI—NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS Title VI of the President's bill is not long. It had perhaps best be quoted in full: Sec. 601. Notwithstanding any provisions to the contrary in any law of the United States providing or authorizing direct or indirect financial assistance for or in connection with any program or activity by way of grant, contract, loan, insurance, guaranty, or otherwise, no such Jaw shall be interpreted as re- quiring that such financial assistance shall be furnished in cir- cumstances under which individuals participating in or bene- fitting 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 pur- ose of assuring that there shall be no discrimination in em- ployment by any contractor or subcontractor on the ground of race, color, religion, or national origin. [Emphasis sup- plied]. The thinly veiled intimidation of Title VI goes back to a state- ment made by Attorney General Robert Kennedy in London in October of 1962. At that time, he speculated publicly that a threat to withdraw Federal subsidies, grants, loans, and contracts might be used as a club over the Southern States. Mr. Kennedy was quick to point out that such a threat would have to be used with great delicacy. He seemed unsure of its desirability. He did not defend its consti- tutionality. He was just thinking aloud. ‘In April of 1963, the Civil Rights Commission evidenced no such finesse. The Commission recommended flatly to the President that he seek power to suspend or cancel either all, or selected parts of, the Federal financial aid that now flows to such States as Mississippi, “until [such States] comply with the Constitution and Jaws of the United States.” It was unclear precisely how a judicial determina- tion would be reached that entire States had failed to comply with the Constitution and laws of the United States, but this small ques- tion of due process apparently troubled the Commission not at all. 17 The question troubled Mr. Kennedy. In his press conference of April 17, the President blinked at this startling proposal and turned away from it: I don’t have the power to cut off aid in a general way as was proposed by the Civil Rights Commission, and I would think it would probably be unwise to give the President of the United States that kind of power because it could start in one State and for one reason or another might be moved to another State which has not measured up as the President would like to see it measure up in one way or another. It is a fair question to ask what happened. What happened be- tween April 17, when the President voiced these comments at his press conference, and June 19, when his majority leader introduced his Civil Rights Bill? How did a power that was “probably unwise” in April become a power that was “essential” in June? The obvious answer is that the interim was marked by widespread racial demon- strations. But it is not pleasant to conclude that the President of the United States may be coerced, intimidated, or black jacked into changing his mind so swiftly on a legislative proposal of fateful im- portance. What happened? We earnestly submit that the punitive terms of Title VI of this bill threaten gross violation of every principle of due process of law. No provision whatever is made for determining when individuals “participating in or benefitting from” various programs are “discrimi- nated against.” The two sentences of this Title define no terms. They propose no judicial inquiry. They leave hundreds of millions of dol- lars in “Federal funds,” paid for by all of the people—black, white, Liberal, Conservative—at the uncontrolled discretion of the President or someone else who may determine this “discrimination.” These programs include aid to dependent children, aid to the blind, aid to the permanently disabled. They include funds for vo- cational education, hospital construction, public housing, the insur- ance of bank deposits. Federal personnel would be authorized to super- vise loans by banks and building and loan associations, farm financ- ing of all kinds, government subsidies, conservation programs, small business loans and contracts in any activity affected by government loans, insurance, guaranties, or grants. If a Federal agency made an administrative finding that discrimination exists, Federal support 18 could be withdrawn and the institution or program wrecked. To permit a President—any President—to suspend such programs on his own unchecked conclusion that certain beneficiaries are “dis- criminated against” would violate the whole spirit of uniformity that pervades the Constitution. The supreme law of our land provides that “direct taxes shall be apportioned among the several States ac- cording to their respective numbers.” Duties, imposts and excises “shall be uniform throughout the United States.” There. must be a “uniform rule of naturalization” and “uniform laws on the subject of bankruptcies.” Many other provisions attest this same concept of equal treatment among the States. Only by a fantastic distortion of the congressional power under the 14th and 15th Amendments could this Title VI be justified. Its effect would be to penalize the many for the occasional unlawful conduct of the few. Its potential application would jeopardize the very lives and well-being of thousands of innocent and law-abiding persons, including veterans, blind persons, and disabled persons, in order to bludgeon a handful of State officials into line with a Presi- dent’s desires. It seems to us sufficient merely to quote the language of this tyrannical Title of the President's bill. The language speaks most eloquently for itself. TITLE VII—COMMISSION ON EQUAL EMPLOYMENT OPPORTUNITY This final substantive section of the bill authorizes the Presi- dent to establish a “Commission on Equal Employment Opportuni- ty.” This permanent agency of the government would be headed by the Vice President; the Secretary of Labor would serve as vice chair- man. There would be up to 15 members in all. An executive vice chairman would run the operation. The Commission would be em- powered to employ “such other personnel as may be necessary.” The bill defines the commission's duties: It shall be the function of the Commission to prevent discrimi- nation against employees or applicants for employment be- cause of race, color, religion, or national origin by Govern- ment contractors and sub contractors, and by contractors and sub contractors participating in programs or activities in which 19 direct or indirect financial assistance by the United States Government is provided by way of grant, contract, loan, in- surance, guaranty, or otherwise. The Commission shall have such powers to effectuate the purposes of this title as may be conferred upon it by the President. The President may also confer upon the Commission such powers as he deems appro- priate to prevent discrimination on the ground of race, color, religion, or national origin in Government employment. [Em- phasis supplied}. Again, it seems to us necessary merely to quote the provisions of the bill in order to make their autocratic nature evident to every thoughtful observer. The power here proposed to be conferred upon the President is virtually unlimited. No legislative limitations of any sort are 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 under sealed bid, no man can say. The Commission’s powers would be whatever the President re- garded as appropriate; and the definition of “government employ- ment” is as wide as the Federal budget itself. The administration's bill proposes, in effect, that the Congress abdicate, and turn its legis- lative powers over to the White House. The powers here demanded are not the powers rightfully to be exercised by a President in a free country. These are the powers of a despot. * + * There is a final Title VII in the bill, authorizing the appropria- tion of “such sums as are necessary to carry out the provisions of this Act.” What these sums might amount to, again, no man can say. This is the package Mr. Kennedy has asked of the Congress. He has asked it in an emotional hour, under the pressures of dem- onstrators who have taken violently to the streets, torch in hand. We of the Virginia Commission ask your quiet consideration of the bill. And we ask you to communicate your wishes to the members of the Congress who represent you in the House and Senate. Richmond, August, 1963. 20 Members of the Virginia Commission on Constitutional Government: Davip J. Mays, Chairman, Richmond, Va. Attorney; Pulitzer Prize winner for historical biography. James J. Kivpatrick, Vice Chairman, Richmond, Va. Editor, The Richmond News Leader; author. ALpertis S. Harrison, JR., Richmond, Va. Ex-officio member of Commission; Governor, Common- wealth of Virginia. E. ALMeER AMES, JR., Onancock, Va. Attorney; member Virginia Senate; Vice-President and Director, First National Bank, Onancock, Va. Hate Cotuins, Covington, Va. Attorney; member Virginia Senate. W.C. (Dan) Daniet, Danville, Va. Business executive; member Virginia House of Delegates; past National Commander, American Legion. Joun A. K. Donovan, Falls Church, Va. Attorney; member Virginia Senate; General Counsel and Director, Security National Bank, Fairfax County, Va. J. Secar Gravatt, Blackstone, Va. Attorney; Trial Justice for Nottoway County, Va. Freperick T. Gray, Richmond, Va. Attorney; former Attorney General of Virginia. Burr P. Harrison, Winchester, Va. Attorney; former member of the United States Congress. Epcar R. Larrerty, Jr., King William, Va. Business executive; farmer. Garnett S. Moore, Pulaski, Va. Attorney; member Virginia House of Delegates. Wiutam T. Muse, Richmond, Va. Dean, T. C. Williams School of Law, University of Richmond; author. W. Roy Smrru, Petersburg, Va. Business executive; member Virginia House of Delegates. W. Carrincton THomrson, Chatham, Va. Attorney; member Virginia House of Delegates. Witi1am L. WinsTon, Arlington, Va. Attorney; member Virginia House of Delegates. OS Em May Craig, the Port- land Press Herald) Mr. President, do you think that Mrs. Murphy should have to take into her home a lodger whom she does not want, regardless of her reason, or would you accept a change in the civil rights bill to except small boarding houses like Mrs. Murphy? A.—The question would be, it seems to me, Mrs. Craig, whether Mrs. Murphy had a_ substantial impact on _ interstate commerce. {Laughter}. Thank you. —The Press Conference, July 17, 1963. KKK Additional copies of this commentary may be obtained on request fo the Virginia Commission on Constitutional Government, Travelers Building, Richmond, Virginia. The Commission is an official agency of the Com- monwealth of Virginia, created by act of the General Assembly in 1956. Up to 10 copies no charge; 50 copies $5.00; 100 copies $9.00; 1,000 copies $75.00.
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- Text: ae © Sunday, August 4, 1963 * Le fii en: Sle a. se SRR OSEE cet x, Sete New York Herald Tribune All Alone With His Courage A Dixie Mayor and Rights By Walter Rugaber Special to the Herald Tribune ® ATLANTA. For days the word went out’ from the big business men and civic leaders, the political pros and public opin- ion molders, the people in Atlanta who usually count the most. “You're making a big mis- take.” The message was plain, blunt and nearly unanimous. Ivan Allen jy., the 52-year- old merchant-turned-Mayor, listened very carefully. Then, all alone with his courage, he flew off to Wash- ington and went before the Senate Commerce Commit- tee to read a carefully drafted 14-page statement : “Gentlemen,” the Mayo: said firmly, “If I had your problem, armed with the lo- cal experience I have had, I would pass a public: ac- commodations law.” Mr. Allen thus became the first—and. just possibly the last—Southern politician to voice public approval of the most controversial portion of the civil rights bill. The Mayor followed an outraged squadron of South- ern political leaders, includ- ing Gov. Ross R. Barnett of Mississippi and Gov. George C. Wallace of Alabama. The air was heavy with denuncia- tion. Sen. Strom Thurmond of South Carolina, a member of the Senate committee, seemed hardly able to be- lieve his ears at the Mayor's stand. A lot of the home folks had the Same reaction. “T wish to nominate you,” one man wrote, “as Mr. Mau Mau of 1963. . ... I under- stood that you are a half- brother of Martin Luther King and that may explain your position.” It came as somewhat of a surprise that at least those who wrote the Mayor sup- ported his stand about 2 to 1 in initial stages of the reac- tion last week. “Deeply proud of you,” a telegram said. But few believed the ma- jority to be on Mr. Allen's side. The state and city cham- bers of commerce had moved in the opposite direction, and a canny political observer said: “We has taken a very peril- ous step. I seriously doubt he can make it stick in the polit- ieal forum —particularly if these things are still un- solved.” Mr. Allen, with strong Negro support, took office in Jan- wary, "1962, after a harsh battle with arch-segregation- ist Lester Maddox. The Mayor drew 64 per cent of the vote. He went in asa son of the city’s old-line business com- | munity. While with his father’s multi-million dollar office supply firm he became president of both the city and state chambers of commerce. But now the board room boys are a little on edge. None of that “Mau Mau” stuff, of course. While the Mayor's political life may be damaged, his personal stature is ad- judged secure. “It took a lot of courage to do what he did,” one acquain- tance said with a touch of awe, “and if that’s his per- sonal view —hell, I respect him for it.” *Sure, the friend continued, segregation is wrong. But a Federal law against is some- thing else. “This was the crux of the worry: Mr, Allen had: “deserted private enterprise.” The prominent owner of several cafeterias in town sent the Mayor a long, sting- ing telegram expressing shock and disappointment, then placed blown-up copies in his windows. But in perfect. ilustration of the temper of things, the man’s eating places were be- ing picketed at the same time by whites whose signs branded him a. “leader for integration.” The cafeteria owner had de- segregated most of his chain last June. His concern was not civil rights, he insisted, but the preservation of free enter- prise. The Mayor came back to Atlanta and found two main schools of thought about his startling behavior before the Commerce Commitee. The least substantial ver- sion put it down as a shallow bid for Negro votes. But seasoned observers said that even with a full turnout he would still need plenty of whites. For a quarter-century win- ning Atlanta politics has been based on a highly successful “alliance” between Negroes and the so-called “‘better- class” whites. And the thought was that the latter might prefer free enterprise over Mr. Allen when the 1966 term comes up. The Mayor has indicated that he now intends to run again, The second feeling about the Mayor's testimony con- sidered the possibility that he _ had talked with President swimsuit SALE slam-bang reductions! Kennedy and wes angling for a Federal job. Mr. Allen denicd it stoutly, insisting that Le talked with no one in Washington except the committee official who invited him to appear. He later received a short letter from the President which praised ‘a number of effective points” in the state- ment. Mayor 4llen seemed genuinely surprised by it. About his testimony he says simply that the nation’s May- ors have been stuck out on a limb and leit there to handle the whole racial crisis by themselves. The Supreme Court. has been striking down segrega- tion laws for years, he points out, and yet no really solid | : legislation “has taken their +! place.
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- Text: OF FREDRICKSON’S OFFICE SUPPLIES, EQUIPMENT, FURNITURE AND BUSINESS MACHINES NOW AT 46 DOWNER PLACE, AURORA WE HAVE SUPPLIES FOR EVERY OFFICE NEED— %& Agents for Underwood Typewriters, % Auditors—Bookkeeping systems, Olivetti business machines binders, analysis pads 3 Factory-trained service personnel 3 Churches, schools—Duplicator sup- ce Franchise dealer for All-Steel plies. (We make Electronic stencils) Equip Quality Furniture % Contractors—Stock forms, time %& Salesmen—Brief coses, expense cards, control systems ds, travel fil | ere iss x Homes—Safes, files, fireproof ; xc lowyers—Filing jackets, carbon chests, twines, tapes sets, legal blanks aa We've moved to new and larger quarters just west of our former lo- cation. Here we are much better able to serve you, and to display our merchandise more attractively. Please come-in and see us in our new sur- a roundings. Our whole staff will welcome you. f oy 3 BIG DAYS © AUGUST 1, 2,3 y. - a eae ale uses eae WE ARE INDEBTED TO THE FOLLOWING FIRMS WHOSE fi , REGISTER FOR HANDICRAFTS ARE REPRESENTED IN THE NEW FREDRICKSON'S: DOOR PRIZES: General Contractor Electrical , STEVE HALMAGYI HETTINGER ELECTRICAL SERVICE LADY'S PRIZE—Safety “Kik-Step Yorkville, Illinois 730 Sth Avenue MAN'S PRIZE—Leather brief case Many individual prizes i.e. staplers, pencil Carpeting General Contractor, Inferior sharpeners, box files, etc. ARBEITER DURABLE FLOORS,{nc. SHERM KALLEVIK 62-64 South River Street 301 South Rosedale SPECIAL DRAWING : __» We will award the church or school of your choice a Store Fronts Plumbing & Heating \_\ portable tape recorder. Register on separate blank. | JOS. N. STROTZ PATRICK J. RUDDY ¥ ALSO Regie fr Underwood Portable Typewiter | 469 High Street 65 South LoSalle Street —_ “_) COME IN & REGISTER. NO PURCHASE NECESSARY cial Hodies; William | Prince, boys"| P.E., science; Warren Hull, bel ology: Phyllis Taylor, commerce; | > Charles Polts, science; Daryl) Thompson, commerce; Miss| Retiye Jo Suhr, home economics: Clarence Fluegel, agriculture; Al-|, len Bard, driver education; David}! Babeock, industrial arts and Ken-|)) eth Pickerill, athletic director. | ‘Others are Reeve Thompson,|/ music; William Kontos, science, boys’ P.E.; Miss Sidonic Hyland- er, girls’ P.E.; Miss Dorothy Barn- hardt, girls’ P.E.; William Work- i man, general business manager; Miss Anne Rockenbach, librerian; dames Aird, guidance counselor; Howard Smucker, principal. Coaching assignments are as follows — Varsity football, Ken-|~ neth Pickerill and James Aird varsity wrestling, William Kontos; varsity basketball, James Aird versity track, Lewis Hankinson| | and David Babcock; varsity base-|/ | ball, Kenneth Pickerill and Allen)!” Bard. | Frosh-soph football, David Bab-|_ cock, Allen Bard and William | Kontos; wrestling Lewis Hanken-|/ son; basketball, Gerner Anderson, Daryl Thomson; baseball, William ce, at Se Registration of new students for| | the fall term of Oswego High||? School is scheduled for Tuesday,||| Aug. 6 If you were not enrolled); fn the Oswego Schools last year||) and have recently moved into the|/~ school district, you should regis- ter Aug. 6th, Registration is in the| office of the High School between] the hours of 9 am. to 12 noon and 1 to 4 p.m. : ‘The Wbrary Is open on Wednes-| 7 day from 3 until 9 p.m. and Satur-|/) from 10 a.m, until 3 p.m, New books have been added, “Gold in your Attic” and “More Gold in Your Attic.” These books were) given in memory of the husband of Mrs. Gertrude Bulla. Mrs. K. Beardsley of Beverly Hillis {a spending this week in the home of her friend, Mrs, Nellie Clark, Miss Debbie Claassen of Rock- ford is visiting in the home of her grandparents, Mr. and Mrs. |/ Clifford Olson, on Park Avenue, Mrs. Dorothy Songer Krash and daughters, Flora and Melody, of]; Washington, D.C,, are spending a few weeks in the home of her mother, Mrs. Flora Songer, and brothers and sisters in the com- munity. You're close to customers when)| you advertise in the Beacon-News Want Ads, TW 74241 days, TW) 7-140 after 5 p.m. how to maneuver In the high position, but the little fellows hug the limbs of one of Yellow- stone National Park's When they're old- SCOT LAD APPLE SAUCE SCOT LAD LIQUID DETERGENT 32-OZ. PLASTIC California | California Di 2 Lbs, ‘trees, er, it will be old hat.
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- Text: [COMMITTEE PRINT] June 20, 1963 88tH CONGRESS ist SESSION s A BILL To eliminate discrimination in public accommo- dations affecting interstate commerce. JuNE , 1968 Read twice and referred to the Committee on Commerce
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