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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.
14
�It seems to us desirable to keep this distinction in mind , bet,,, ,een
laws en acted by the C ongress, and judgments imposed by the court.
T he C onstitution is the supreme lavv of the land, but when the
court acts in a suit arising under the Con stitution it acts judicially,
not legislatively. If local school boards throughout th e South are to
be prohibited by law from maintaining separate school systems, a law
mu st be passed "pursu ant to the Constitution" to impose such a proh ibition. Until then , an y such grants and loans and trainin g programs as th ese vvould appea r premature. And we would take the
position , in the light of th e history of th e 14th Amendment, that such
a law would n ot be "pu rsu ant to th e C onstitution." It would violate
the plain intention both of those who framed the amendment and
also of the States that ratified it. Such legislation would not be "appropriate" legislation .
Mean while, we do n ot intend to be captious or legalistic . The
Brow n decision h as been treated as if it were indeed legislation. For
good or ill , the desegrega tion of public schools proceeds. Th ese particular p rovisions of T itle Ill are better subject to criticism simpl y as
manifestation s of the burea ucratic Federal sprawl.
M.ore serious, in our view, are the provisions of Titl e Ill th at
would vest elabora te new powers in the Attorney General. Th e effect of these pro visions woul d be to th row the enti re massive weight
of the D epartment of J ustice, with its unlimited resources, into th e
scales of almost an y paren t in search of a free laws uit. The basic
complaint would be th at some local school board "had failed to
achieve desegrega tion ." But as we h ave tr ied to point out, in th e
overwh elming majority of school districts in the South, th ere is now
n o legal requirement that local school boards even attempt to
achieve desegregation. Before there ca n be a fa ilure of a dut y, th e re
mu st firs t be a dut y. These p rovisions of the bill simply ass ume th e
duty, and leap to its fa il ure.
Ou r appreh ension is that the awesome power here proposed, for
a proli fera tion of suits "in the name of the United States," would
create more tu rmoil th an it would settle. T he "orderl y progress of
desegrega tion in publ ic educa tion" would not be enh anced , but impaired, as rese ntments were stirred up that otherwise might be peacefu ll y resolved. And we cannot see _the,. .en d to the burea ucracy ~hat
could be req ui red to prosecu te suits m th e name of the Umted
States," once thi s precedent were set in the sin gle area of school desegregation.
15
�TITLE IV-ESTABLISHMENT OF
COMMUNITY RELATIONS SERVICE
This title \.vould create a new Federal agency, the "C ommunity
Relations Service," headed by a director at $20,000 a year. P resumably, it would ful fi ll some functions not now ful fi lled by the Civil
Rights C ommission, the P resident's Fair Employment Practices C ommittee, th e established churches and va rious civic bodies, the countless racial commissions around the country, and the civ~l rights division of th e D epartment of Justice. The duties of this Service would
be "to prov ide assistance to communities and persons therein in
resolving disputes, disagreements, or difficulties relatin g to discriminatory practices." [Emph asis supplied} .
\ Ve are not inclined to haggle over the amount of time, energy
and money th at might be wasted by one more Federal agency in the
civil rights fi eld. \A.Te do ca ll attention to the italicized lan guage. In
our own view, it simply is not the fun ction of Congress, under anv
provisions of the United States Constitution, to dispa tch Feder;!
agents to countless commu nities in order to resolve racial disagreements among "persons therein."
TITLE V-COMMISSION ON CIVIL RIGHTS
The Virginia Commi ssion on Constitutional Government expresses neith er opposition to nor support of Title V of the President's
bill. This portion of the bill would extend the life of the Commission
on C ivil Rights to N ovember 30, 1967, and would lay down certain
standardized rules for its fu rther hearin gs and investigations.
In our own view, th e Commi ssion on Civil Rights has contributed little or nothin t:,o toward the unravel ino0 of the knottv• tangles of
·race relations in the United States. Its recommendations in the spring
of 1963, proposin g the withd ravval of gra n ts, loans, and even contracts fro m South ern States th at did not meet its own notions of right
condu ct, amounted to an outrageous proposal for denial of the v~ry
equal p rotection s it professes to su pport. We perceive no useful
achievements of thi s Comm ission, bu t we raise no constitutional objections to its con tinu ance.
16
�TITLE VI-NONDISCRIMINATION IN
FEDERALLY ASSISTED PROGRAMS
T itle VI of the P resident's bill is not long. It had perhaps best
be quoted in full:
Sec. 601. Notwith standing an y provisions to the contrarv in
an y law of th e United States providing or authorizin g dire;t or
indirect fi nancial assistance fo r or in connection with any
program or activity by \,vay of grant, contract, loan , insurance,
guara nty, or oth erwise, no such law shall be interpreted as requiring that such fi nancial assistance shall be furni shed in circumstances under which individu als participating in or benefi tting from the program or acti vity are discrimin ated against
on the ground of race, color, rel igion, or national origin or
are denied p3rticipation or benefi ts therein on th e ground of
race, color, religion , or national origin . All contracts made in
con nection with an y such program or activity shall contain
such con ditions as the President may prescribe for the purpose of assuring th at th ere shall be no discrimin ation in employmen t by ar. y contractor or subcontractor on ' the ground
of race, color, religion , or national origin. [Emphasis supplied}.
T he thinly veiled intimidation of T itle VI goes back to a statement made by Attorney General Robert Kennedy in London in
October of 1962. A t th at time, he speculated publicly that a threat
to withdraw federal su bsidies, gra nts, loans, and contracts might be
used as a club over the Southern States. Mr. Kennedy was quick to
point out that such a threat woul d have to be used with great delicacy .
He seemed un sure of its desira bi lity. He did not defend its constitutionality. H e wa s just thinki ng aloud.
· In April of 1963, the Civil R ights Commission evidenced no
such fin esse. T he C ommission recommended Had y to the President
tha t he seek power to suspend or cancel eith er all , or selected parts of,
the Federal fi nancial aid that now Hows to such Sta tes as M ississippi,
"until [su ch States} compl y with th e Constitu tion and la..,vs of th e
United States." It was unclea r precisely how a judicial determination wou ld be reached that entire States had fa iled to com ply with
the Constitution and laws of the United States, but this small question of due process apparentl y troubled the Commission not at all.
17
�Th e question troubl ed Mr. Kennedy. !n his press conference of
Ap ril 17, th e President blinked at this startling proposal and turned
away from it:
I don't have th e power to cut off aid in a general way as vva~
p roposed by the Civil Rights C ommission, and I would think
it would probabl y be unwise to give the President of the
United States that kind of power beca use it could start in one
State and fo r one reason or another might be moved to
another State w hich has not measured up as the P resident
would like to see it measure up in one way or another.
It is a fair question to ask what happened. W hat happened between April 17, when the President voiced these comments at his
press conference, and June 19, when his majority leader . intreduced
his Civil Rights Bill? H ow did a power that was "probabl y umvise"
in April become a power th at was "essential" in June? T he obvious
answer is th at the interim was marked by widespread racial demonstra tions. But 1t is not pl easa nt to conclude that the P resident of the
Un ited States may be coerced , intimidated, or black jacked into
changing his mind so swiftly on a legislative proposal of fatef ul importance. W hat h'lppened?
W e ea rnestl y submit that the pun itive terms of Title VI of this
bill threa ten gross violation of every p rinciple of due process of lavv.
N o provision whatever is made fo r determin ing when individuals
"participating in or benefittin g from" various programs are "discriminated agai nst." The two sentences of this Ti tl e define no terms. T hey
propose no judicial in qui ry. T hey leave hu ndreds of mill ions of dollars in "Federal fu nds," pa id fo r b y all of the people- black, white,
Liberal, C onserva tive-at the uncontrolled discretion of the President
or someone else who may determin e this "discrimination."
These p rograms include aid to dependen t children, aid to the
blind, aid to the permanentl y disa bled. T hey include funds for voca tional educa tion , hospital co nstruction, pu blic housing, the insu,rance of bank deposits. Federal personnel would be au thorized to supervise loans by banks an d building and loa n associations, farm financing of all kinds, govern men t su bsid ies, conservation programs, small
business loa~s an d contracts in an y activity affected by government
loans' in surance ' 0ouara nties ' or bora nts. If a Federa l aoencv
made an
0
·
administrative fi ndin t,o th at discrimination exists, Federal support
18
�could be withdrawn and the institution or program wrecked.
To perm it a P resident-any President-to suspend such programs
on his own unchecked conclusion that certain beneficiaries are "discriminated again st" wou ld violate the whole spirit of uniformity
that pervades th e Constitution . T he supreme law of otir land provides
that "direct taxes shall be apportioned among the several States according to their respective numbers." Duties, imposts and excises
"shall be uniform throughout the United States." There must be a
"uniform rule of n atu ralization" and "unifo rm Ja,.,vs on the subject of
bankru ptcies." Many other provisions attest this same concept of
equal treatmen t among the States.
Only by a fa ntastic distortion of the congressional power under
the 14th and I 5th Amendments could thi s Title VI be justified. Its
effect would be to penalize th e many for the occasion~! unlawful
conduct of the fe w. Its potential application would jeopardize the
very lives and well-bein g of thousands of innocent and law-abiding
persons, including veterans, blind persons, and disabled persons, in
order to bludgeon a h andful of State officials into line with a President's desires.
It seems to us sufficient merel y to quote the language of this
tyrannical Title of the Presiden t's bil l. The language speaks most
eloquently for itself.
TITLE VII- COMMISSION ON EQUAL
EMPLOYME NT OPPORTUNITY
T his fin al substantive section of the bill authorizes the President to establish a "Commission on Equal Employmen t O pportun ity." This permanen t agency of the government would be headed by
the Vice P resident; the Secretary of Labor would serve as vice chairman. There would be up to 15 members in all. An executive vice
chairman would run the opera tion . T he C ommission would be empawered to employ "~u~h ~ther ? ersonnel as may be necessary." Th e
bill defines the comm1ss10n s duties:
It shall be the function of the Commission to prevent discrimination against employees or applicants for employment because of race, color, religion, or na tional origin by Government contractors and sub contractors, and by contractors and
sub contractors participating in programs or acti vities in which
19
�direct or indirect fin / ncial assistance bv the United States
Government is provided by way of gra~t, contract, loan, insurance, guaranty, or otherwise. The Commission shall h ave
such powers to e ffectuate the purposes of this title as may be
conferred upon it by the President. The President may also
confer upon the Commission su ch powers as he deem s appropriate to prevent discrimination on the ground of race, color,
religion , or national origin in Government employment. [Emphasis supplied} .
Again , it seems to us necessary merely to quote the provisions
of the bill in order to make their autocratic nature evident to everv
thoughtful observer. The power here proposed to be conferred upo~
the President is virtually unlimited. N o legislative limitations of an y
sort a1e suggested. The President may confer upon the Commission
"such powers as he deems appropriate." And whether these include
the power to impose criminal sanctions, or to seek civil injunctions,
or to abrogate contracts awarded u nder sealed bid, no man can
say. The Commission's powers would be whatever the President regarded as appropriate; and the defin ition of "government employment" is as wide as the Federal budget itself. T he administration's
bill proposes, in effect, that the Congress abdicate, and turn its legislative powers over to the \ i\lhite H ouse. T he powers here demanded
i.l rc not the powers rightfull y to be exercised by a President in a free
country. T hese are the powers of a despot.
There is a fi nal T itle VIII in the bill, authorizing the appropriation of "such sums as are necess~ ry to carry out the provisions of this
Act." What these sums might amount to, aga in, no man can say.
This is the package Mr. Kennedy has asked of the Congress.
H e has asked it in an emotional hour, under the pressures of demonstrators who h ave taken violentl y to the streets, torch in hand.
W e of the Viroinia
C ommission ask ;vour quiet consideration of
b
the bill. And we ask you to communicate you r wishes to the members
of the C ongress who represent you in the H ouse and Senate.
Richmond,
August, 1963.
20
• I
�Members of the Virginia Commission on
Constitutional Government:
DAVID J. M AYS, Chairman, Richmond, Va.
A ttorney ; Pulitzer Prize w inner for historical biography.
J AMES J. KILPATRICK, JTiu Chairman, Richmond, Va.
E ditor, Th e Richmond News Leader; author.
ALBERTIS s. H ARRISON, JR., Richmond, Va.
Ex-officio member of Commission; Governor, Commonwealth of Virginia.
E. ALMER AMES, JJ!.., Onancock, Va.
Attorney; member Virg inia Senate; Vice-President and
Director, First Nationa l Bank, Onancock, Va.
HALI! COLLINS, Covington, Va.
Attorney; member Virginia Senate.
W. C. (DAN ) DANIEL, Danville, Va.
Business executive; member Virginia House of Delegates;
p ast N ationa l Commander, American Legion.
JOHN A. K . DONOVAN, Fa lls Church, Va.
A ttorney ; member Virginia Senate; General Counsel and
D irector, Security N ational Bank, Fa irfax County, Va.
J. SEGAR GRAVATT, Blackstone, Va.
A ttorney; T rial Justice for Nottoway County, Va.
FREDERICK T . G RAY, Richmond, V a.
Attorney ; fo rmer A ttorney General of Virginia.
B u RR P. HARRISON, W inchester, Va.
Attorney; former m ember of the United States Cong ress.
EDGAR R. LAFFERTY, JR., King W illiam, Va.
Business executive; farmer.
GARNETT S. MOOR!!, Pulaski, Va.
Attorney; member Virginia H ouse of D elegates.
WILLIAM T. Musi!, Richmond, Va.
Dean, T. C. W illiams School of Law, University of
Richmond; author.
W . ROY SMITH, Petersburg, Va.
Business executive; member Virg inia House of Delegates.
w . CARRINGTON
THOMPSON, Chatham, Va.
Attorney; member Virginia House of Delegates.
WILLIAM L. WINSTON, Arlington, Va.
Attorney ; member Virginia House of Delegates.
�,\
\
\
0.-( From May Craig, the Portland Press Herald) M r. P resident, do
you think that M rs. M urphy should
have to take into h er home a lodger
whom she does not want, regardless
of her reason, or would you accept
a change in the civil riohts b ill to
except small boarding houses like
M rs. M urphy?
A.-The question would be, it
seems to me, M rs. Craig, wh ether
Mrs. Murph y h ad a substantial
impact on interstate commerce .
[Laughterl . Than k you .
- T he Press Conference,
Ju ly 17, 1963 .
Additional copies of this commentary may be obtained on request _to _the
V! rginia Com~issi_on on Consti tution al Government, Travelers Bmldmg,
Richmond, V1rgm ia. The Commission is an official agency of t~e Commonwealth of Virginia, created by act of the General Assembly m 19 56.
Up to lO copies no charge; 50 copies $5. 00; 100 copies $9.00; 1,000
copies $75.00.
�I VA-,
.
~w
A l r-,
P(t,:::lT(EilO
5 Co A
A TL AN I A
L. -
10 CENTS
(W )
ter Bias & the Law
uction 30 States, Some Cit ies
for
Bar Discrimination in
Public Accommodations
r for a
t or tne
r;~
1
New York Agency P enalizes
l\{otel for Barring ~ egroes;
St. Louis T avern Is F ined
!':::
~~,a:~Some
overs.la I
e outlook
.ontract.als
ver to next
utting and
cmg list of
lie election
laion of exrenewal of
abroe.d for
ramping of
/y
d i.!ap-
i,rilialive
!nl.1 farm
· high for
continue
hard hit
-ceeed 3.4.
4. million
•. Earlier
er Caribpped the
. . started
l ion tor1l!
the deft·
ier yean .
\3 and_ 2.1
!OW brmg11
t , up from
-year high
to knock
s lness.
ding next
Ord 1 bl!\ites take
each tllls
,e 30 w:111
lest heap
pply laat
in mid·
teat glut
e,,-...1 gtorage
of the
farm storage
n the SOuth·
now: a year
ores o( cit ·
I many ternwill be torn
Bl 60~
fro»i the
ot!llcd 1.3
-om s bi~
1e corry-
~d~
;
a Jasl year
Ins In Callquallly, so
be crushed
Is year la
,bove 1962.
m seedless
up to $(1,
_
_
Lessons for Congress?
By Wll.1,!AM E . B LL'Nl)l:LL
St,:,f! R~por ur of T mc W ALL Srru:n Joun:
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 13, Document 41
- Result Type: Item
- Item Type: Text
- Title: Box 17, Folder 13, Document 41
- Text: STATEMENT BY GOVERNOR ROSS R. BARNETT OF MISSISSIPPI BEFORE U. S. SENATE COMMERCE COMMITTEE, JULY 12, 1963. Gentlemen, we are facing one of the most critical times in the history of our nation, Minority groups in our country have taken to the streets to agitate, to demonstrate, to breach the peace, and to provoke violence calculated to blackmail this Congress into passing legislation in direct violation of the United States Constitution. You have been forced to consider this legislation through the pressure and blackmail of mobs in the streets. The President and the Attorney General have encouraged demonstrations, freedom rides, sit-ins, picketing and actual violation of local laws. What is happening in our nation today fits the pattern of what has been happening throughout the world insofar as the Communist activity is concerned. Compare the Communist tactics with a Cuba, a Laos, a Berlin, a Viet Nam, a Haiti, or other parts of the world. Communist tactics are to create a crisis and let it cool off. The same tactics are being practiced in the United States through a Birmingham, and letting it cool off; a Jackson, and letting it cool off; a Danville, Virginia; a Cambridge, Maryland; riots in Philadelphia; and in New York City. It's the same old Communist offensive of attack with a hammer and then withdraw. Attack with a hammer and then withdraw--each time causing more ill will, more racial unrest and pushing a wedge further between existing good relations of the people of a nation. It is the divide, disrupt and conquer technique. The passage of this Civil Rights legislation will positively provoke more violence, not just in the South, but. throughout all areas of our nation. I am convinced that this is a part of the world Communist conspiracy to divide and conquer our country from within. The Communists are, therefore, championing the cause of the Negroes in America as an important part of their drive to mobilize both colored and white for the overthrow of our government. There are those who are so anxious to hold high the banner of the Civil Rights issue that they fail to read some of the writing on the banner. They fail to realize that the Communist Party hopes to incite civil insurrection in the South with the purpose of then fanning the flames into a holocaust in the Northern racial strife areas. To date, they have been disappointed and defeated by the due process of law in the South where law enforcement agencies and level- headed citizens have been able to contain the aggravations of the outside racil agitators. Gentlemen, it is obvious to many of us throughout the country that the racial agitation, strife and conflict that has been stirred up throughout our entire nation is largely Communist-inspired. Racial agitators in Mississippi and leaders of demonstrations in other States have backgrounds that have made many of us, including our local police, state investigating agencies, and the FBI, to be concerned about the real motivation behind these so-called Civil Rights leaders, Your passage of this legislation will be no cure-all for the problems that this nation faces because of racial strife and conflict. The passage of this legislation will, however, mean the complete end of Constitutional government in America and result in racial violence of unimaginable scope. Even the New York Times has said that "with every negro advance, momentum for more violence and agitation increases, not decreases." This legislation is so all-inclusive and so sweeping in its scope that it has been termed by many as the "WHITE SLAVE BILL". Gentlemen, you have all learned through your personal experiences that to try to appease, accommodate, or give concessions to the demands of the arrogant leads only to additional conflicts and additional problems which you didn't face before. Certainly, you are familiar with the results of our policy of appeasement towards Cuba and Laos. The passage of this Civil Rights legislation will lead us into an area of conflict between the races, the like of which we have never known. There will be no end to the constant pressure for more and more and more. The Attorney General has stated that the passage of this Bill would move the problem of so-called diserimination in public accommodatiens out of the streets and into the courts. I question this statement. The Attorney General has been personally responsible for helping to put mobs in the/streets and I can prephesy that this legislation, if enacted, will put hundreds of thousands of white business men in the streets. « Bix The purpose of government should be to protect the individual and to see to it that no one interferes with his private property. The present administration seems to have adopted the very heart of the Socialistic philosophy that the private rights of men are to be tolerated only at the suffrage of the State, What we are seeing today is a grasp for power by certain men in public office who would give to an all-powerful Central Government full control over all phases of the lives of our people. I see this legislation as an attempt by greedy minorities to prostitute the purpose of law and government as a protector of private property, and to use the law to plunder the property of others. If you pass this legislation, you are allowing a minority in our country to force itself upon the majérity of the citizens of our nation. What and where are the rights of the majority? The powers of the Attorney General under this legislation will be so sweeping and so encompassing as to comprise a serious threat, in itself, to the safety and stability of the nation, The Attorney General in his testimony has stated, "I think that it is an injustice that needs to be remedied. We have to find the tools with which to remedy that injustice." In other words, regardless of the Constitution, he, through this legislation, asks for the power to run roughshod over the rights of every individual and dictate to every citizen what he could or could not do with his private property and business. Where is the equal protection of the law? I challenge the newspapers and news media of our country to awaken the man on the street, the small business man, all those who respect law and order, to the fact that this legislation is an open attack on the rights of every individual to the control of his personal, private property. Every citizen has the right to own and operate his own business as he sees fit without interference from any source. To give to an all-powerful Central Government the right to force the owner of a private business to unwillingly do business with anyone creates a new and special right for a minority group in this nation that destroys the property and personal rights of every citizen, - 3- Senator Russell has stated and the press has failed to report, “Our American system has always rejected the idea that one group of citizens may deprive another of legal rights and property by process of agitation, demonstration, intimidation, law defiance and civil disobedience. Every Negro citizen possesses every right that is possessed by any white citizen. But there is nothing in either the Constitution or in Christian principles or common sense and reason which would compel one citizen to share his rights with one of another race at the same place and at the same time. Such compulsion would amount to a complete denial of inalienable rights of the individual to choose or select his associates." . Gentlemen, what could be more unequal and discrimatory than to give one particular class of citizens the privilege of by-passing the normal channels of justice, which other citizens must follow. Under this legislation, any agitator or trouble-maker or crank could bring the owner of any business establishment into Federal Court by merely writing a letter to the U. S. Attorney General. The agitator would be represented, at no cost to himself, by the officials and attorneys of the Federal Government. If this legislation passes, American citizens will have no rights in the ownership and use of their private property, unless they use it in a way that federal officialdom considers to be consistent with the so-called public interest. Today, it seems to many Americans, the demands of the racial agitation groups fix official opinion as to what is the public interest. Tomorrow, the public interest could well be something else. It could even invade the home--or even the bedroom of the individual. The legitimate purpose of government is to protect a man's home as his castle. Does not this same basic American Constitutional fact of life apply equally to a man's own private business? The legislation you have under consideration would use federal police power (as exemplified in our system of Federal courts) to destroy a mants personal property simply to satisfy racial minorities. Can there be no end to the current insanity that would compel the mixing of races in social activities to achieve WHAT? You can name it yourself! The head of the NAACP here in WasHington, D. C. (where Negro criminal violence against white people is creating something akin to a reign of terror) said on a national television program in early May of this year, that Negro violence is coming and that the NAACP will promote the violence if whites do not immediately give the Negro what he demands. What does he demand. Does he honestly know just what he really wants? Whatever he may want will not come as a result of this or any other legislative act. You can be certain of that basic fact. The race problem can never be solved by passage of laws, court edicts, or by breaches of the peace. ONE ESTABLISHMENT GOES OUT OF BUSINESS I have said that the free enterprise system has contributed much to making our nation great and that many establishments would go out of business if they were required to integrate. I am prepared to give you one specific example in Mississippi. Mrs. Marjorie Staley of Winona, Mississippi, has operated a restaurant as a Continental Trailways Bus Terminal for quite a while. Apparently, she was making good and had a good business but she was told to either integrate or close the business. She chose to close her business rather than integrate. It is my understanding that Trailways officials had been directed by the Justice Department to warn her to either close or integrate. She has approximately $20,000.00 of equipment in the restaurant. She had seven or eight people employed -- three whites and three or four Negroes. She had a payroll of $2,000.00 per month, Now her business is closed, seven or eight people, Negroes and whites, are out of employment, and she has $20,000.00 worth of equipment on her hands. Prior to the time she closed this business, she served both white and colored in separate compartments -- one for the whites and one for the Negroes. Apparently, everyone was happy the way it was being operated. Everyone was well pleased--customers as well as employees, and Mrs. Staley. This is one example that neither Congress nor the courts can change attitudes and custors, Mrs. Staley is a widow and earned her livelihood operating her restaurant. There is a communist nation just 90 miles from our shores and yet, with this and all the other problems we face as a nation, the whole attention of the Congress and our nation at this critical era in history is diverted to this tragic and mis-named Civil Rights legislation. Perhaps this is all a part of a great conspiracy to divert our attention to this domestic issue so that we may neglect other and far more important matters. Gentlemen, I have done some research on this matter as to the constitutionality of the proposed bill. Section 3 of Senate Bill 1732 provides that all persons shall be entitled, without discrimination or segregation on account of race, color, religion, or national origin, to the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of hotels, motels and numerous other private business enterprises. Section 2(h) provides that alleged existing discriminatory practices "take on the character of action by the states and there- fore fall within the ambit of the equal protection of the Fourteenth Amendment to the Constitution of the United States." Section 2(i) takes the position that Congress has the right to enact this proposed legislation in order to remove alleged burdens on and obstructions to commerce under the Commerce Clause of the Constitution of the United States. Congress does not have the power to enact this legislati on under the Fourteenth Amendment The businesses sought to be controlled are purely private in character and as such fall within the ambit of what is commonly known as "free enterprise." Every loyal conservative American has a deep and abiding faith in our free enterprise system. He also stands ever vigilant to protect the citizen's right to own, control and operate his private business as he sees fit. The right to do business or to decline to do business with any individual is an inseparable part of said citizen's right to operate and control his privately owned business. If this right is destroyed by the Federal Government, the citizen has been deprived of one of his inalienable rights just as surely as though the Federal Government had con- fiscated his physical property. The Fourteenth Amendment to the Constitution of the United States provides: alg "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." It should be noted that the Fourteenth Amendment is a pro- hibition against State action. It is not a prohibition against the action of one citizen against another. Each individual has a legal right to discriminate against another individual. Any control over such individual action by the operatior of a private business lies wholly within the power of the State legislatures under the Tenth Amendment to the Constitution of the United States. Some states have passed legislation similar to this; some have not. Each State has the right to make its own decision. Mississippi has taken no action on this question. In our State the owner of each business is free to make his own decision as to whom he will serve. Eighty years ago in United States v. Nichols, entitled the Civil Rights cases, 109 U.S. 3, 3 S.CT. 18, 27 L.Ed. 835, the Supreme Court of the United States held Sections 1 and 2 of the Civil Rights Act of 1875 unconstitutional. Said acts provided that all persons in the United States were entitled to the full and equal enjoyment of accommondations, advantages, facilities and privileges of inns and places of amusement. In holding that Congress had no right to pass such a law under the Fourteenth Amendment, the Court said: "It is state action of a particular character that is prohibited. Individual invasion of individual rights is not the subject-matter of the Amendment." In pointing out the reasons Congress had no such power and why such attempted legislation on the part of Congress was repugnant to the Tenth Amendment, the Supreme Court said: - 7 - "And so in the present case, until some state law has been passed or some state action through its officers or agents has been taken, adverse to the rights of citizens sought to be protected by the 14th Amendment, no legislation of the United States under said Amendment, nor any proceeding under such legislation, can be called into activity; for the prohibitions of the Amendment are against state laws and acts under state authority." * * © + "Such legislation cannot properly cover the whole domain of rights appertaining to life, liberty and property, defining them and providing for their vindication. That would be to establish a code of municipal law regulative of all private rights between man and man in society. It would be to make Congress take the place of the State Legislatures and to supersede them. It is absurd to affirm that, because the rights of life, liberty and property, which include all civil rights that men have, are, by the Amendment sought to be protected against invasion on the part of the State without due process of law, Congress may, therefore provide due process of law for their vindication in every case; and that, because the denial by a State to any persons, of the equal protection of the laws, is prohibited by the Amendment, therefore Congress may establish laws for their equal protection. In fine, the legislation which Congress is authorized to adopt in this behalf is not general legislation upon the rights of the citizen, but corrective legislation, that is, as may be necessary and proper for counteracting such laws as the States may adopt or enforce, and which, by the Amendment, they are prohibited from making or enforcing, or such acts and proceedings as the States may commit or take, and which, by the Amendment, they are prohibited from committing or taking." * 2% 2 & "An inspection of the law shows that it makes no reference whatever to any supposed or apprehended violation of the 14th Amendment on the part of the States. It is not predicated On any such view. It proceeds ex directo to declare that certain acts committed by individuals shalt be deemed offenses, and shall be prosecuted and punished by proceedings in the courts of the United States.” * & & € "In other words, it steps into the domain of local jurisprudence, and lays down rules for the conduct of individuals in society towards each other, and imposes sanctions for the enforcement of those rules, without referring in any manner to any supposed action of the State or its authorities. "Tf this legislation is appropriate for enforcing the prohibitions of the Amendment, it is difficult to see where it is to stop. Why may not Congress with equal show of authar ity enact a code of laws for the enforcement and vindication of all rights of life, liberty and property? If it is supposable that the States may deprive persons of life, liberty and property without due process of law, and the Amendment itself does suppose this, why should not Congress proceed at once £0 prescribe due process of law for the protection of every one of these fundamental rights, in every possible case, as well as to prescribe equal privileges in inns, public conveyances and theaters? The truth is, that the implication of a power to legislate in this manner is based upon the assumption that if the States are forbidden to legislate or act in a particular way on a particular subject, and power is conferred upon Congress to enforce the prohibition, this gives Congress power to legislate gen:.-ally upon that subject, - 9 - and not merely power to provide modes of redress against such state legislation or action, The assumption is certainly unsound. It is repugnant to the 10th Amendment of the Constitution, which declares that powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively or to the people." The Civil Rights Cases arose out of the denial by a hotel of its accommodations to persons of color and the denial by theaters of their accommodation to colored persons. In 1959 a Howard Johnson Restaurant denied service to Charles E. Williams, a colored attorney for the Internal Revenue Service. He brought suit claiming that such action violated the Civil Rights Acts of 1875 and the Commerce Clause of the Federal Constitution. In Williams v. Howard Johnson Restaurants, U.S.C.A.4th, 268 F.2d 845, the Court re-affirmed the doctrine of the Civil Rights Cases, and said: "Sections 1 and 2 of the Civil Rights Act of 1875, upon which the plaintiff's position is based in part, provided that all persons in the United States should be entitled to the full and equal enjoyment of accommodations, advantages, facilities and privileges of inns, public conveyances and places of amusement, and that any person who should violate this provision by denying to any citizen the full enjoyment of any of the enumerated accommodations, facilities or privileges should for every such offense forfeit and pay the sum of $500 to the person aggrieved. The Supreme Court of the United States, however, held in Civil Rights Cases 109 U.S. 3, 3 S.Ct. 18, 27 L.Ed. 835, that these sections of the Act were unconstitutional and were not authorized by either the Thirteenth or Fourteenth Amendments of the Constitution. The Court pointed out that the Fourteenth Amendment was prohibitory upon the states only, so as to invalidate all state statutes which abridge the privileges or immunities of citizens of the United States or deprive them of life, liberty or property without due process of law, or deny to any person the equal protection of the laws; but that the amendment did not invest Congress with power to legislate upon the actions of individuals, which are within the domain of state legislation." =i FG = From a legal point of view, it is perfectly clear that Congress does not have the power to control the activities of private business owners under the Fourteenth Amendment. Congress does not have the power to enact this legislation under the Commerce Clause of the Constitution of the United States. Article I, Section VIII, Clause 3 provides: "The Congress shall have Power: .. . to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; ..." No one can reasonably contend that the operation of a hotel, restaurant or drug store in Mississippi constitutes commerce among the several States. The Supreme Court of the United States Clearly did not think so in the Civil Rights Cases, because it said: "Has Congress constitutional power to make such a law? Of course, no one will contend that the power to pass it was contained in the Constitution before the adoption of the last three Amendments." The last three Amendments referred to were the 13th, 14th, and 15th. The Commerce Clause was a part of the Constitution from it inception. The Supreme Court, therefore, said that no one would even contend that Congress had the power to pass such law prior to the adoption of the 13th Amendment. Of course, the right to control commerce among the States includes the right to control interstate transportation, and Congress has done so in this field by Title 28 U.S.C.A., Section 3(1), which forbids a carrier to subject any person to undue or unreasonable prejudice or disadvantage in any respect. The right of the Congress to deny discrimination incident to interstate commerce has been upheld in a number of cases. Mitchell v. United States, 313 U.S. 80, 61 S.Ct. 873, 85 L.Ed. 1201; « UL Henderson v. United States, 339 U.S. 816, 70 S.Ct. 843, 94 L.Ed. 1302. In like manner, the Supreme Court has also held that certain State action constituted an unlawful burden on interstate commerce in this field. Morgan v. Virginia, 328 U.S. 373, 66 S.Ct. 1050, 90 L.Ed. 1317. In the Civil Rights Cases, the Supreme Court recm@gnized the power of Congress to regulate public conveyances passimg from one state to another, and said: "And whether Congress, in the exercise of its power to regulate commerce amongst the several States, migtht or might not pass a law regulating rights in public conveyances passing from one State to another, is also a question whicch is not now before us, as the sections in question are not conceived in any such view." It is clear, therefore, that the Supreme Court was not unmindful of the power of Congress under the Commerce Clause whem it decided the Civil Rights Cases and when it held that no one wowld even contend that Congress had the right to pass this type of legislation under the Commerce Clause or prior to the adoption of the 13th, 14th, and 15th Amendments. Who would seriously contend that the operation of 2 restaurant on Capitol Street in Jackson, Mississippi, could be classified as as commerce among the several States? If such action constitutes commerce among the States simply because some of the products handled were manufactured outside of Mississippi, every act of every citizen in every State could be controlled by Congress on the same basis. The Constitution should not be stretched entirely out @f shape in an effort to reach what is believed by some to be an evil, the correction of which is a matter for each State to make its own decision. This issue was raised in Williams v. Howard Johnson Restauramt, supra, and was held not to fall within the Commerce Clause of the Constitution. The Court said: "The plaintiff makes the additional contention based on the allegations that the defendant restaurant is engaged in / a | re interstate commerce because it is located beside an interstate | highway and serves interstate travelers. He suggests that a Federal policy has been developed in numerous decisions which requires the elimination of racial restrictions on transportation in interstate commerce and the admission of Negroes to railroad cars, sleeping cars and dining cars without discrimination as to color; and he argues that the commerce clause of the Constitution (Article 1, Section 8, Clause 3), which empowers Congress to regulate commerce among the states, is self-executing so that even without a prohibitory Statute no person engaged in interstate commerce may place undue restrictions upon it. "The cases upon which the plaintiff relies in each instance disclosed discriminatory action against persons of the colored race by carriers engeged in the transportation of passengers in interstate commerce," | "In every instance the conduct condemned was that of an | organization directly engaged in interstate commerce and the line of authority would be persuasive in the determination of } the present controversy if it could be said that the defendant restaurant was so engaged. We think, however, that the cases | cited are not applicable because we do not find that a restaurant is engaged in interstate commerce merely because in the course of its business of furnishing accommodations to the general | public it serves persons who are traveling from state to state. | As an instrument of local commerce, the restaurant is not subject to the constitutional and statutory provisions discussed above and, thus, is at liberty to deal with such persons as it may select." Neither the fact that some customers of an establishment may be travelling in interstate commerce nor the fact that some of the goods sold may have been purchased from outside the State constitutes commerce A subject to control by Congress. In Elizabeth Hospital, Inc. v. Richardson, y.S.C.A.8th, 269 F.2d 167, the Court held that the treatment of some patients who were travelling in interstate commerce did not destroy the purely local character of the services furnished by the hospital, and said: "The fact that some of plaintiff's patients might travel in interstate commerce does not alter the local character of plaintiff's hospital. If the converse were true, every country store’ that obtains its goods from or serves customers residing outside the state would be Selling in interstate commerce. Uniformly, the courts have held to the contrary. A.L.A. Schechter Poultry Corp. v. United States, 1935, 295 U.S. 495, 55 S. Ct. 837, 79 L.Ed. 1570; Lawson v. Woodmere, 4 Cir., 1954, 217 F.2d 148, 150; Jewel Tea Co. v. Williams, 10 Cir., 1941, 118 F.2d 202, 207; Lipson v. Socony-Vacuum Corp., 1 Cir., 1937, 87 F. 2d 265, 267, certiorari granted 300 U.S. 651, 57 S.Ct. 612, 81 L.Ed. 862 certiorari dismissed 301 U.S. 711, 57 S.Ct. 788, 81 L.Ed. 1364." Congress is now asked to control the operation of country stores and hotels on the theory that their operation constitutes commerce among the several States. The statement of the proposition is so ridiculous that it need not be further refuted. It is my understanding that the Attorney General of the United States has suggested to this Committee that it disregard the decision of the Supreme Court of the United States in the Civil Rights Cases. I have always been under the impression that it was the duty of the Attorney General of the United States to advise congressional committees as to the present status of the law. I do not believe he has the authority to recommend to you that you exercise, on behalf of the Federal Government, power which the Supreme Court has specifically held to be unconstitutional. oe In conclusion, I would like to ask certain members of the Congress two questions: (1) How long do you plan to bow to the unreasonable and unconstitutional demands of selfish minorities in your state? (2) When do you expect to begin to represent the great majority of your own people? Another question naturally follows--how far do you think the great white majority of this nation will stand to be pushed? I have received and am receiving daily letters from substantial everyday citizens in every state of this nation and I say to you seriously that our fine white citizens have stood just about as much of this minority insanity as they can take. Gentlemen, you are just about to hear from that great, silent, substantial white majority back home. When John Doe and Ole Joe Q. Doakes on Main Street in every city, town, yillage and cross-road in your state, finds out exactly what is really in this legislation--just what the present U.S. Attorney General and the Negro minorities want today--turmoil will really break loose in this nation. If you think 500,000 Negroes marching on Washington is something, pass this legislation and you'll find out what one hundred million angry white Americans will do. Please think deeply:anthese matters. Think seriously as to how much the white man will take in having his rights chipped away with new legislation such as this and by each decision of the Federal Courts. Are there no rights of the individual sacred today in this country? Equality in a social sense is attainable only in total slavery. Justice Brandeis said, "One of the inalienable rights of men is to be let alone." This certainly applies to the hard- working, small business man? Why should not the individual, who has worked to produce his own business, have the right to decide whom he will serve, whom he will associate with, and whom he will let on his premises? = 315 =
- Tags: Box 17, Box 17 Folder 13, Folder topic: Civil Rights Bill | 1963
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Box 17, Folder 13, Document 23
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- Text: WiLxtiam B. Srusss Trust Company or Groner Bur.pine ATLANTA 3, GEORGIA August 14, 1963 Dear Ivan: Rachael and I thought you might like to have a copy of Wireless Bulletin for Wednesday, August 7, 1963, which was published by USIS Press Section, Phnom Penh, Cambodia. USIS publishes twice a week, in three languages, a news bulletin distributed to papers and persons in Cambodia. Much of the material in the bulletin comes from USIA teletype. The bulletin has a circulation of about 5,000 in Cambodia. A copy of the August 7 issue is enclosed, in each of the three languages. Our son Bill is with USIS in Cambodia. He is extremely proud of Atlanta and has received many favorable comments from others. He does not have any responsibility for publishing the bulletin, but does handle its distribution. Cordial regards. Sincerely, W. B. Stubbs Mayor Ivan Allen, Jr. City Hall
- Tags: Box 17, Box 17 Folder 13, Folder topic: Civil Rights Bill | 1963
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Box 17, Folder 13, Document 21
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- Text: Night Phones : Business Phones Midway 3-3736 738-2430 Midway 3-3962 CAnal 6-2646 BISHOP PRODUCE FRESH PRODUCE FOR PROCESSORS > FOOD BROKERS 4+/SOUTH WATER MARKET CHICAGO 8, ILLINOIS i JX, 19623 Deer Qe, - £2 Au Owe
- Tags: Box 17, Box 17 Folder 13, Folder topic: Civil Rights Bill | 1963
- Record Created: April 18, 2017
- Record Updated: April 30, 2021
Box 17, Folder 14, Document 10
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- 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
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Box 17, Folder 13, Document 43
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- Title: Box 17, Folder 13, Document 43
- Text: August 19, 1963 Mr. Lamar Moore Moore and Moore P. O. Box 190 Moultrie, Georgia Dear Mr. Moore: This will acknowledge receipt of your letter of August 17th in which you enclosed a pamphlet prepared by the Virginia Commission on Constitutional Government dealing with the proposed Civil Rights Bill from Congress. I will be delighted to read this pamphlet and appreciate your sending it to me. ’ Sincerely yours, Ivan Allen, Jr. 1AJr/br SSS
- Tags: Box 17, Box 17 Folder 13, Folder topic: Civil Rights Bill | 1963
- Record Created: April 18, 2017
- Record Updated: April 30, 2021
Box 17, Folder 14, Document 44
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- 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-
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Box 17, Folder 14, Document 58
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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
- Result Type: Item
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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 15, Document 3
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- Title: Box 17, Folder 15, Document 3
- Text: President: ARTHUR L. SELLAND Mayor of Fresno Vice President: RayMonpD R. TUCKER Mayor of St. Louis Immediate Past President: RicHarp C, Lee Mayor of New Haven Past Presidents: Haypon Burns Mayor of Jacksonville RicHARD J. DALEY Mayor of Chicago RoBeat F. WAGNER Mayor of New York City Trustees: JoserH M. BARR Mayor of Pittsburgh JouN J. BuckLey Mayor of Lawrence STANLEY W, CHURCH Mayor of New Rochelle Lewis CUTRER Mayor of Houston Ciype E. FANT Mayor of Shreveport James B, McKINNeEY Mayor of Sacramento Water H. REYNoLps Mayor of Providence Terry D, ScHRUNK Mayor of Portland, Ore, ALEX P. SMEKTA Mayor of Rochester, Minn, Advisory Board: NEAL S. BLAISDELL, Chairman Mayor of Honolulu MERLE E. ALLEN Mayor of Ogden JEROME P. CAVANAGH Mayor of Detroit FRANK P, CELESTE Mayor of Lakewood, Ohio Joun F. CoLuins Mayor of Boston SEAN EY I. Davis Mayor of Grand Rapids James J. Dworak Mayor of Omaha THOMAS GANGEMI Mayor of Jersey City Wituiam E, GLYNN Mayor of Hartford HERMAN W. GOLDNER Mayor of St. Petersburg CHESTER Kowa Mayor of Buffalo HENRY LOEB Mayor of Memphis Frank F. McDonaLp Mayor of Evansville HENRY W. MAIER Mayor of Milwaukee Jack D. MALTESTER Mayor of San Leandro GEORGE SHARROCK Mayor of Anchorage James H. J. Tate Mayor of Philadelphia ALLEN C. THOMPSON Mayor of Jackson, Miss. GeEoRGE VAN TASSEL Mayor of Tuscaloosa SAMUEL W. YorTy Mayor of Los Angeles Executive Director: Joun J. GuNTHER TELEPHONE: 298-7535 (Area Code 202) UNITED STATES CONFERENCE OF MAYORS 17 07" oR Dear Colleague: WASHINGTON, September 30, 1963 § TRUE EST, D:. An A J NORTHWEST c. 20006 ry | WV 7 uy ie Attached to this letter you will find a brief informa- tional questionnaire concerning the creation of human rela- tions committees. We are attempting to find out as much as we can about where such Committees are and how they are op- erating in order to be of service to many of our members who are seeking to benefit by others' experience. As you know, the Conference resolved at its 1963 Annual Conference to make information with respect to this matter available to those members who request it. taken to insure that this service will be objective, confi- dential and technically competent. Steps have been A ten=-member Mayors' Com- mittee on Community Relations has been established under the Chairmanship of Mayor Herman W. Goldner of St. Petersburg, Florida. This Committee has adopted a carefully worked out program, of which this survey is a part, which will draw to- gether background materials, make available consultants to those who request technical aid, establish joint working re- lationships on problems in this field with such groups as the International Association of Chiefs of Police, and the American tional Institute of Municipal Law Officers, Bar Association. the Na- This clearing house type of service will be supported by a grant from one of the major foundations and will not involve the expenditure of funds paid to the Mayors' Conference by member cities. May I stress the point that this is not a program of advocacy on the part of the Conference but a program to pro- vide information, upon request, to Mayors of member cities. Thank you for your cooperation on this survey, and please let me hear from you with suggestions for Conference of Mayors activity in this or any other area of interest. Enclosure Survey Form Sincerely yours, er Sn nd Mayor of Fresno President, Conference of Mayors
- Tags: Box 17, Box 17 Folder 15, 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
- Result Type: Item
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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 15, Document 12
- Result Type: Item
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- Title: Box 17, Folder 15, Document 12
- Text: STATEMENT by IVAN ALLEN, JR. MAYOR OF ATLANTA, GA, BEFORE COMMITTEE ON COMMERCE REGARDING S. 1732 BILL TO ELIMINATE DISCRIMINATION IN PUBLIC ACCOMMODATIONS AFFECTING INTERSTATE COMMERCE July 26, 1963 STATEMENT BY IVAN ALLEN, JR. MAYOR OF ATLANTA July 26, 1963 Mr. Chairman and Members of the Senate Commerce Committee: Iam honored to appear before your Committee. At the beginning I would like to make it clear that I feel quali- fied to speak on the subject under discussion which is the elimination of racial discrimination, on what I have learned from personal experience and observation in my home city of Atlanta, Georgia. As perceptive men of wide experience I feel confident that you will agree with me that this is as serious a basic problem in the North, East and West as it is in the South. It must be defined as an all-American problem, which requires an all-American solution based on local thought, local action and local cooperation. The 500,000 people who live within our city limits consist of 300, 000 white citizens and slightly more than 200, 000 Negro citizens. That makes the population of Atlanta 60 percent white, 40 percent Negro. That 60 - 40 percentage emphasizes how essential it is for the people of Atlanta, on their local level, to solve the problem of racial discrimination in order to make Atlanta a better place in which to live. Elimination of racial descrimination is no far off philosophical theory to the more than one million people who live in and around Atlanta. The problem is part and parcel of our daily lives. Its solution must be studied and worked out on our homefront. As the mayor of the Southeast's largest city, I can say to you out of first hand experience and first hand knowledge that nowhere does the problem of eliminating discrimination between the races strike so closely home as it does to the local elected public official. He is the man who cannot pass the buck. From this viewpoint, I speak of the problem as having been brought into sharp focus by decisions of the Supreme Court of the 7 United States and then generally ignored by the Presidents and Congresses of the United States. Like a foundling baby, this awe- some problem has been left on the doorsteps of local governments throughout the nation. Now to take up specifics. You gentlemen invited me to tell you how Atlanta has achieved a considerable measure of comparative success in dealing with racial discrimination. It is true that Atlanta has achieved success in eliminating discrimination in areas where some other cities have failed, but we do not boast of our success. Instead of boasting, we say with . the humility of those who believe in reality that we have achieved our measure of success only because we looked facts in the face and accepted the Supreme Court's decisions as inevitable and as the law of our land. Having embraced realism in general, we then set out to solve specific problems by local cooperation between people of good will and good sense representing both races. In attacking the specific problems, we accepted the basic truth that the solutions which we sought to achieve in every instance granted to our Negro citizens rights which white American citizens and businesses previously had reserved to themselves as special privileges. These special privileges long had been propped up by a multitude of local ordinances and statewide laws which had upheld racial segregation in almost every conceivable form. In Atlanta we had plenty of the props of prejudice to contend with when we set out to solve our specific problems of discrimination. In attacking these problems, I want to emphasize that in not one single instance have we retained or enhanced the privileges of segregation. It has been a long, exhausting and often discouraging process and the end is far from being in sight. In the 1950's Atlanta made a significant start with a series of reasonable eliminations of discrimination such as on golf courses and public transportation. We began to become somewhat con- ditioned for more extensive and definitive action, which has been taking place in the 1960's. During the past two and a half years, Atlanta has taken the following major steps to eliminate racial discrimination: fo é 1. In September, 1961, we began removing discrimination in public schools in response to a court order. 2, In October, 1961, lunch counters in department and variety stores abolished discrimination by voluntary action. 3. On January 1, 1962 Atlanta city facilities were freed from discrimination by voluntary action of municipal officials. 4, In March, 1962 downtown and arts theatres, of their own volition, abolished discrimination in seating. 5. OnJanuary 1, 1963, the city voluntarily abolished separate employment listings for whites and Negroes. 6. In March, 1963 the city employed Negro firemen. It long ago employed Negro policemen. 7. In May of 1963 the Atlanta Real Estate Board (white) and the Empire Real Estate Board (Negro) issued a Statement of Purposes, calling for ethical handling of real estate transactions in controversial areas. 8. In June, 1963, the city government opened all municipal swimming pools on a desegregated basis. This was voluntary action to comply with a court order. 9. Also in June, 1963, 18 hotels and motels, representing the leading places of public accommodations in the city, voluntarily removed all segregation for conventions. 10. Again, in June, 1963 more than 30 of the city's leading restaurants, of their own volition, abolished segregation in their facilities. You can readily see that Atlanta's steps have been taken in some instances in compliance with court decisions, and in other instances the steps have been voluntary prior to any court action. In each instance the action has resulted in white citizens relin- quishing special privileges which they had enjoyed under the practices of racial discrimination. Each action also has resulted in the Negro citizen being given rights which all others previously had enjoyed and which he has been denied. As I mentioned at the beginning, Atlanta has achieved only sSs ie a measure of success. I think it would assist you in understanding this if I explained how limited so far has been this transition from the old segregated society of generations past, and also how limited so far has been the participation of the Negro citizens. Significant as is the voluntary elimination of discrimination in our leading restaurants, it affects so far only a small percentage of the hundreds of eating places in our city. And participation by Negroes so far has been very slight. For example, one of Atlanta's topmost restaurants served only 16 out of Atlanta's 200,000 Negro citizens during the first week of freedom. from discrimination. The plan for eliminating discrimination in hotels as yet takes care only of convention delegates. Although prominent Negroes have been accepted as guests in several Atlanta hotels, the Negro citizens, as a whole, seldom appear at Atlanta hotels. Underlying all the emotions of the situation, is the matter of economics. It should be remembered that the right to use a facility does not mean that it will be used or misused by any group, espe- cially the groups in the lower economic status. The statements I have given you cover the actual progress made by Atlanta toward total elimination of discrimination. Now I would like to submit my personal reasons why I think Atlanta has resolved some of these problems while in other cities, solutions have seemed impossible and strife and conflict have resulted. As an illustration, I would like to describe a recent visit of an official delegation from a great Eastern city which has a Negro population of over 600,000 consisting of in excess of 20% of its whole population. The members of this delegation at first simply did not under- stand and would hardly believe that the business, civic and political interests of Atlanta had intently concerned themselves with the Negro population. I still do not believe that they are convinced that all of our civic bodies backed by the public interest and sup- ported by the City Government have daily concerned themselves with an effort to solve our gravest problem -- which is relations between our races. Gentlemen, Atlanta has not swept this / question under the rug at any point. Step by step - sometimes under Court order - sometimes voluntarily moving ahead of pressures - sometimes adroitly - and many times clumsily - we have tried to find a solution to each specific problem through an agreement between the affected white ownership and the Negro leadership. To do this we have not appointed a huge general bi-racial committee which too often merely becomes a burial place for un- solved problems. By contrast, each time a specific problem has come into focus, we have appointed the people involved to work out the solution. . . Theatre owners to work with the top Negro leaders . . . or hotel owners to work with the top leadership. . . or certain restaurant owners who of their own volition dealt with top Negro leadership. By developing the lines of communication and respectability, we have been able to reach amicable solutions. Atlanta is the world's center of Negro higher education. There are six great Negro universities and colleges located inside our city limits. Because of this, a great number of intelligent, well-educated Negro citizens have chosen to remain in our city. As a result of their education, they have had the ability to develop a prosperous Negro business community. In Atlanta it consists of financial institutions like banks - building and loan associations - life insurance companies - chain drug stores - real estate dealers. In fact, they have developed business organizations, I believe, in almost every line of acknowledged American business. There are also many Negro professional men, Then there is another powerful factor working in the behalf of good racial relations in our city. We have news media, both white and Negro, whose leaders strongly believe and put into practice the great truth that responsibility of the press (and by this I mean radio and television as well as the written press) is inseparable from freedom of the press. The leadership of our written, spoken and televised news media join with the business and government leadership, both white and Negro, in working to solve our problems. We are fortunate that we have one of the world famous editorial spokesmen for reason and moderation on one of our white newspapers, along with other editors and many reporters who stress significance rather than sensation in the reporting and interpretation of what happens in our city. / And we are fortunate in having a strong Negro daily newspaper, The Atlanta Daily World, and a vigorous Negro weekly, The Atlanta Inquirer. The Atlanta Daily World is owned by a prominent Negro family - the Scott family - which owns and operates a number of other news- papers. The sturdy voices of the Atlanta Daily World and the Atlanta Inquirer, backed by the support of the educational, business and religious community, reach out to our Negro citizens. They speak to them with factual information upon which they can rely. They express opinions and interpretations in which they can have faith. As I see it, our Negro leadership in Atlanta is responsible and constructive. Iam sure that our Negro leadership is as desirous of obtaining additional civic and economic and personal rights as is any American citizen. But by constructive I mean to define Atlanta's - Negro leadership as being realistic - as recognizing that it is more important to obtain the rights they seek than it is to stir up demon- strations. So it is to the constructive means by which these rights can be obtained that our Negro leaders constantly address themselves. They are interested in results instead of rhetoric. They reach for lasting goals instead of grabbing for momentary publicity. They are realists, not rabble rousers. Along with integration they want integrity. I do not believe that any sincere American citizen desires to see the rights of private business restricted by the Federal Govern- ment unless such restriction is absolutely necessary for the welfare of the people of this country. On the other hand, following the line of thought of the decisions of the Federal Courts in the past 15 years, I am not convinced that current rulings of the Courts would grant to American business the privilege of discrimination by race in the selection of its customers. Here again we get into the area of what is right and what is best for the people of this country. If the privilege of selection based on race and color should be granted then would we be giving to business the right to set up a segregated economy? . . . And if so, how fast would this right be utilized by the Nation's people? - - « And how soon would we again be going through the old turmoil of riots, strife, demonstrations, boycotts, picketing? afin f Are we going to say that it is all right for the Negro citizen to go into the bank of Main street to deposit his earnings or borrow money, then to go the department store to buy what he needs, to go to the supermarket to purchase food for his family, and so on along Main street until he comes to a restaurant or a hotel -- In all these other business places he is treated just like any other customer -- But when he comes to the restaurant or the hotel, are we going to say that it is right and legal for the operators of these businesses, merely as a matter of convenience, to insist that the Negro's citizenship be changed and that, as a second class citizen, he is to be refused service? I submit that it is not right to allow an American's citizenship to be changed merely as a matter of con- | venience. If the Congress should fail to clarify the issue at the present time, then by inference it would be saying that you could begin dis- crimination under the guise of private business. I do not believe that this is what the Supreme Court has intended with its decisions. I do not believe that this is the intent of Congress or the people of this country. Iam not a lawyer, Senators. iam not sure I clearly under- stand all of the testimony involving various amendments to the Constitution and the Commerce clause which has been given to this Committee. I have a fundamental respect for the Constitution of the United States. Under this Constitution we have always been able to do what is best for all of the people of this country. I beg of you not to let this issue of discrimination.drown in legalistic waters. Iam firmly convinced that the Supreme Court insists that the same fundamental rights must be held by every American citizen. Atlanta is a case that proves that the problem of discrimination can be solved to some extent. . . and 1 use this "some extent" cautiously . . . as we certainly have not solved all of the problems; but we have met them in a number of areas. This can be done locally, voluntarily, and by private business itself! — On the other hand, there are hundreds of communities and cities, certainly throughout the nation that have not ever addressed themselves to the issue. Whereas, others have flagrantly ignored the demand, and today, stand in all defiance to any change. The Congress of the United States is now confronted witha grave decision. Shall you pass a public accommodatinn bill that ¥ forces this issue? Or, shall you create another round of disputes over segregation by refusing to pass such legislation? Surely, the Congress realizes that after having failed to take any definite action on this subject in the last ten years, to fail to pass this bill would amount to an endorsement of private business setting up an entirely new status of discrimination throughout the nation. Cities like Atlanta might slip backwards. Hotels and restaurants that have already taken this issue upon themselves and opened their doors might find it convenient to go back to the old status. Failure by Congress to take definite action at this time is by inference an endorsement of the right of private business to practice racial discrimination and, in my opinion, would start the same old round of squabbles and demonstrations that we have had in the past. Gentlemen, if I had your problem armed with the local ex- perience I have had, I would pass a public accommodation bill. Such a bill, however, should provide an opportunity for each local government first to meet this problem and attempt to solve it ona local, voluntary basis, with each business making its own decision. I realize that it is quite easy to ask you to give an opportunity to each businessman in each city to make his decision and to accom- plish such an objective. . . but it is extremely difficult to legis- late such a problem. What I am trying to say is that the pupil placement plan, which has been widely used in the South, provided a time table approved by the Federal courts which helped in getting over troubled water of elimination of discrimination in public schools. It seems to me that cities working with private business institutions could now move into the same area and that the federal government legislation should be based on the idea that those businesses have a reasonable time to accomplish such an act. I think a public accommodation law now should stand only as the last resort to assure that discrimination is eliminated, but that such a law would grant a reasonable time for cities and businesses to carry out this function before federal intervention. It might even be necessary that the time factor be made more lenient in favor of smaller cities and communities, for we all know that large metropolitan areas have the capability of adjusting to changes more rapidly than smaller communities. é Perhaps this, too, should be given consideration in your legislation. But the point I want to emphasize again is that now is the time for legislative action. We cannot dodge the issue. We cannot look back over our shoulders or turn the clock back to the 1860's. We must take action now to assure a greater future for our citizens and our country. A hundred years ago the abolishment of slavery won the United States the acclaim of the whole world when it made every American free in theory. Now the elimination of segregation, which is slavery's step- child, is a challenge to all of us to make every American free in fact as well as in theory - and again to establish our nation as the true champion of the free world. Mr. Chairman and members of the Committee, I want to thank you for the opportunity of telling you about Atlanta's efforts to provide equality of citizenship to all within its borders.
- Tags: Box 17, Box 17 Folder 15, Folder topic: Civil Rights Bill | 1963
- Record Created: April 18, 2017
- Record Updated: April 30, 2021
Box 17, Folder 15, Document 19
- Result Type: Item
- Item Type: Text
- Title: Box 17, Folder 15, Document 19
- Text: Gentlemen, I have the honor, privilege and responsibility of serving as Mayor of the leading Southeastern City of Atlanta, Georgia. Atlanta has a City population of slightly over 500,000 people and a metropolitan population slightly over 1,100,000 people. The 500, 000 people that make up the central City of Atlanta consists of 300, 000 white citizens and slightly over 200, 000 Negro citizens. In general, Atlanta is 60% white and 40% Negro. Nowhere is the problem of the elimination of discrimination . bwtween the races more prevalent than it is to the local elected official who must wrestle with and solve this problem created by circumstances beyond his control and then ignored by the responsible parties who should lend definition to the solution. I speak of the problem as having been brought into focus by Supreme Court decisions and then generally ignored by the President and Congress of the United States. Faced daily with the aheaan unsolvable problem of the elimination of discrimination as directed by the Federal Courts, local officials must often wonder where the Congress of the United States stands in offering definition or explanation in the solution of the most difficult national problem that we have ever had. We cannot help but look with amusement. . . if not suspicion... as certain members of the Congress and the Senate denounce the decisions Page 2 of the Supreme Court and offer no relief to the dilemma that local officials are confronted with in carrying out these decisions. You gentlemen must be conscious of the fact that whereas President Kennedy | has made two appointments to the Court and there are Eisenhower appointments and Truman appointments and Roosevelt appointments, only the Senate of the United States has as an elected body the continuing function over the years of approving all of these appointments. WhatIam saying, gentlemen is -- | ‘This te your Court that has brought into focus this problem and only you could have changed its overall makeup through the years, Regardless of our convictions, feelings or emotions in the matter of racial discrimination, the time has come when we must face up to simple facts, These facts are either --- we must eliminate racial discrimination or you must provide a legal means for a two-caste system in this country and carry out through legal enactment for local officials to deal with such a system. You cannot continue to say that this is a local preblem when it exists in ¢d4# nearly every city in America -- in nearly every state in America -- and all across the Nation. You have asked me here to give you the background of Atlanta's local success in dealing with this grave problem. Basically we have only been successful because we accepted the inevitability of the Court's Page 3 decisions and attempted to solve them by local cooperation. It should be perfectly plain that the solution in every instance granted to the Negro citizen rights which white American citizens and American business had previously reserved to themselves as special privileges. These privileges have been carried out by a multitude of local and ffalte/ Whild statewide ordinances that providdd for segregation in every dontetvable form. I make it perfectly plain to you gentlemen that in not a single instance have we enhanced or retained segregated privileges where we have dealt with this matter. Following a series of reasonable desegregation such as golf courses and busses in the 50's, Atlanta took the following major steps in the early 60's: Date Area Action 9/61 Schools | Court order 10/61 Department & variety stores voluntary action * lunch counters 1/62 City Facilities voluntary (city officials) 5/62 Downtown and arts theatres voluntary * 5/63 Negro firemen hired voluntary (city officials) 6/63 Swimming pools Court order - voluntary decision te open pools (city officials) 6/63 18 leading hotels voluntary * 6/63 Approximately 33 leading restaurants voluntary * Page 4 | * In each instance voluntary action consisted of cooperative action between operators of affected businesses and responsible Negro leadership. You can readily see that in some instances this has been under Court action and in other instances has been voluntary priot to Court action. In each instance it has resulted in the white citizen giving up special privileges which he enjoyed under a segregated society and has | resulted in the Negro ditizen being given rights which all other people had and which he did not previously enjoy. It would be well for me to explain to you how limited this transition has been and how little of it the Negro citizen can participate in even at this time, Out of hundreds of restaurants in Atlanta, the above desegregation affects less than fifty of them. The hotel plan is based on conventions and although prominent Negwoes have been accepted in several hotels, the Negro citizen dé as a whole seldom shows up. With 200, 000 Negro citizens in Atlanta, one of Atlanta's leading restaurants had sixteen of them to dine/dad during the first week of its desegregation and has not had any since this day, All of this, gentlemen, is a question of economics and it should be remembered that the right to use something does not in any way indicate that it will be used ¢f or misused by the lewer economic groups. Page 5 The above statements concern the actual changes in Atlanta's elimination of discrimination. May I now submit to you my personal reasons why we think Atlanta has resolved some of these problems whereas in other Southern cities, the solution has seemed to be impossible and strife and conflict have resulted, It would be best for me to describe a recent visit of an official delegation from a great Eastern city that has a Negro population of over 600,000 consisting of in excess of 20% of their whole population. They came to Atlanta to determine why we had gone further with success and were enjoying a great economic prosperity whereas they were having unlimited racial problems and an unemployment rate of approximately three times of what Atlanta's was. Iam not necessarily referring that racial peace brings economic prosperity. However, in Atlanta, the two have gone together. This delegation simply did not understand and would hardly beliefe that the business, civic and political interests of Atlanta had intently concerned itself with its Negro population. I do not believe until yet that they are convinced that all of our civic bodies backed by the public interest and carried out by the City Government have daily concerned themselves with an effort to solve our gravest problem -- ff and that is Page 6 race relations. Gentlemen, Atianta has not swept this question under the rug at any point. Step by step - sometimes under Court order - sometimes voluntarily moving ahead of pressures - sometimes adroitly~- and many times clumsily - we have tried to find a solution through an agreement between the effected white ownership and the Negro leadership to each of these problems. To do this we have not appointed a huge bi-racial committee that becomes a stop-gap for every conceivable question, but on the other hand each time the problem has come inte focus, we have appointed theatre owners to deal with the top Negro leaders - or hotel owners to deal with the top Negro leaders - or voluntarily certain restaurant owners dealt with the top Negro leadership , and by developing the lines of community and respectability, we have been able to reach an amicable solution. Other cities have worked equally as hard and in many instances have failed and Kd I would like to explain to you Whef/J why I think we have succeeded where they have sometimes failed. Atlanta is the center of higher Negro education in the world, There are six great Negro Universities and Colleges located inside our City limits. They are Atlanta University, Clark College, Morehouse, Morris Brown College, Spelman College and an interdenominational religious seminary. As a result of higher education being available in the area, @/a great number of intelligent, well-trained Negro citizens have chosen to remain in this city. As a result of their training and Page 7 higher education they have had the capacity to develop a great Negro business community. In Atlanta it consists of financial institutions like banks - building and loan associations - life insurance companies, like the Atlanta Life Insurance Company - chain drug stores - real estate dealers. In fact, they have developed, I believe, in almost every line of acknowledged American business. Then there is another strong factor. In Atlanta there is a strong daily Negro newspaper - The Atlanta Daily World. Owned and operated by a prominent Negro family - the Scott deci - they operate a chain of daily and weeklies throughout the country. But it is the strength of a daily newspaper with vested interests backed by an educated religious and business community that carries its voice to the Negro citizens. Do not be misled by the word "conservative" age they are as desirous of additional civil and economic and personal rights as any American citizen is. They simply realise that it is more important to obtain these rights than it is to create demonstrations. And it is to the end of obtaining these rights that they constantly address themselves.
- Tags: Box 17, Box 17 Folder 15, Folder topic: Civil Rights Bill | 1963
- Record Created: April 18, 2017
- Record Updated: April 30, 2021
Box 17, Folder 15, Document 26
- Result Type: Item
- Item Type: Text
- Title: Box 17, Folder 15, Document 26
- Text: Mr. Ralph McGill, Ths Atlanta Coustitution, Atlanta, Georgia. Bear Ralph: JT was delighted with your handling of the Glover case In your Mouday (January 2ist) column entitled "The Folly of Barriers." It was splendid. lhere was {nudeed an earlier Georgia case than the : Glover Gass decided by ore puEeees | Court of poperets in 1915, namely Carey v, G: _Ga Pe While the Glover case was simply 4a "per curiam beadnote decision," with no written opinion, in the Cerey case Judge Sam Atkinson for the court wrote a magnificent opinion declaring a 1913 Atlanta City Ordinance prohibiting white and colored persons from residing in the same block unconstitutional. This was also & ulanimeus decision and was later cited by the Su Court of the United States tn bY, epinion of the court ane luded A Tong excerpt from opinion in the Carey case. When a similar ordinance came before the court, dudes eee eeu alge pen dutanee. 6! but a sich noid the ord January 22, 1963 This perhaps is a shining example of one of Chief Justice Bleckley's terse sayings: “That court is the best which relies as little as possible on its own opinions." Best wishes. P.S. Judge Atkinson's decision in the Carey case was also cited with approval by Judge Tuttle in writing for the Fifth Circuit Court of Appeals an opinion affirming ote of Skelly Wright's decisions striking down the pe shan eee seers to mainvatn sectegated fea schools.
- Tags: Box 17, Box 17 Folder 15, Folder topic: Civil Rights Bill | 1963
- Record Created: April 18, 2017
- Record Updated: April 30, 2021
Box 17, Folder 15, Document 22
- Result Type: Item
- Item Type: Text
- Title: Box 17, Folder 15, Document 22
- Text: Date 9/61 10/61 1/62 5/62 5/63 6/63 6/63 6/63 CITY OF ATLANTA Area Action Schools Court order Department & variety stores lunch counters voluntary action * Gity Facilities voluntary (city officials) Downtown and arts theatres voluntary * | Negro firemen hired voluntary (city officials) Swimming pools court order - voluntary decision to open pools (city officials) 18 leading hotels voluntary * approx. 23 leading restaurants voluntary * * In each instance voluntary action consisted of cooperative action between operators of affected businesses and responsible Negro leadership.
- Tags: Box 17, Box 17 Folder 15, Folder topic: Civil Rights Bill | 1963
- Record Created: April 18, 2017
- Record Updated: April 30, 2021
Box 17, Folder 15, Document 29
- Result Type: Item
- Item Type: Text
- Title: Box 17, Folder 15, Document 29
- Text: Le 7 osc dace! Ciry OF LOUISVILLE Oe + « RENTUCKY “4 77R WILLIAM ©. COWGER OFFICE OF THE MAyvorR July 2, 1963 MATOR Honorable Ivan Allen, Jr. Mayor of Atlanta City Hall Atlanta, Georgia Dear Mayor Allen: In answer to your request of July 1, we are enclosing a copy of Ordinance No. 66, Series 1963. If this office may be of further assistance to you, please do not hesitate to contact us. Sincerely, + Vibe cae WOC:lo
- Tags: Box 17, Box 17 Folder 15, Folder topic: Civil Rights Bill | 1963
- Record Created: April 18, 2017
- Record Updated: April 30, 2021