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                    <text>News Release
IVAN ALLEN, JR.
Mayor of Atlanta
Mrs. Ann Drummond
For further informa tion c al l , J a 2-4463
Executive Secretary
FOR USE UPON RECEIPT
July 11, 1963
Mayor Ivan Allen, Jr. has accepted an invitation from the
United States Senate Commerce Committee to testify before the
committee Friday, July 26, on bcliu1i; .ef Senate Bill 1732.
This bill
is to eliminate discrimination in public accommodations affecting
interstate commerce.
Mayor Allen said "I welcome this opportunity to tell the
committee of the fine relationship which exists among the citizens
of Atlanta and to describe how we have faced our problems and worked
out solutions."
- 30 -
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              <text> 

News Release SS VAN REN RY

Mayor of Atlanta

Mrs. Ann Drummond
For further information call — Ja 2- 4463 Executive Secretary

 

 

FOR USE UPON RECEIPT

July 11, 1963

Mayor Ivan Allen, Jr. has accepted an invitation from the
United States Senate Commerce Committee to testify before the
committee Friday, July 26, on betméeef Senate Bill 1732. This bill
is to eliminate discrimination in public accommodations affecting

interstate commerce.

Mayor Allen said "I welcome this opportunity to tell the
committee of the fine relationship which exists among the citizens
of Atlanta and to describe how we have faced our problems and worked

out solutions, '!

—30ie

 
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                    <text>D· c mber 12 1 1960
lialph McG111 1
. le:..'!') t ~- ~ 0
t , eo .. g1 •
., l
l
r)n
t
For yuu.r -tnfor, t 1on. 'I th1nk tl10 f'olloi.. 1r.g has a
b..,arJng o~ tn~ segregat!on quest1o~.
,-n 1.91\)
.
14'-- ;a. ~'-'.I,
i 1
the case v-"' Ql2ver· v.
_911.Y
.&gt;f At! n
a~
.o:.1rL o-? Georg:ia :.~
..mai.1.mous \.:.sc1s1
held 1m"on::;~1t Lonal a ··1t:, of !·.'·lant- Ord1nance h1c .. 1 f ... rb
colore pc-H·son 1.0 :JccL~PY .;} '"t.:r.· 1n i.. lccL::. ,· ~r~ ._,1.1. . ~:..v 1.. !'
number o,,.. .,~-,~e·· · r~ o,'.."c 1 ad by ,-·h1tt De. :r:nf. (Pi-; .•. r-.i i.3.
R.issel . a, -r !0-.,1 ~l
I · ~ ·1e ,.._..,titjG:!v,!'.:: 1 h;) ..: ....,'lr--u tt.L.
ru11·
4'-f' · 1-.
,,
~ :·:1- , ·3c-'s1on 1_ st:1 1 " t. _ 1£',' o. (' org ~.
vJ.lJI·E-me
1,.it::
1 ••
4
I
• ••
, 341+ ·;,c:;.
1~ 1 '-.) 8 -in~····
t~)
U1
..
.::u
p! ?.T _ r·o.,rt r•. u ....... t_ e n fo r cE.: a c v'l .. "\+ t:1at nron.rty
not b. . . lf,t:::a or v ·e-1pf1:&gt;&lt;.l by an;j erson u: ·:~J·- .., . ... .::,~~ c..,.. tL
""He co:.irt 1L.ld that tho &lt;-lI'o::~c·~1..nt . t~.~li J1 .1
~4ch \rnendm~n~ . s - the }.~Li1 Amt:.,d.rr("nt ~ d"rt.-::· cd
.~ ')n - l: i •
. -- the "vi...r': f' .'.l' ,; -r h~lu. that t' J
c.t:!on u ,...,a
, , 1rt~. in e 1f')rc ·nG tn1~ 1·0str r-t.,., , ccJenar1t
• : t be r -~ r( ·,d fJ t. a t1on of" t1 e st t~ -( · :J~ th,~ 1 1+th Am.dnd&lt;..;
1
rr.ent, and. a
s ·o
01.... +.
1 to·
denial of' the equa l prcitec t 1on of th13
1n1~ 1s ~ot f or publi cation .
Eist v11shes.
S1nc rely•
•
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              <text> 

December 12, 1960

Mr. Ralph McGill,
fue Atlanta Constitution,
htlanta, Jeorglas.

Dear Kalph:

rH Ri: Seereratton

For your Information, I think the following has a
bearing on the segregation question.

     
 

    
 

‘

Tn 1916 tn the case.of G Vie Ot by: entas | e
148 Ga. 205, the Supreme Court of Georgia by unanimous decisteat 0
held unconstitutional a City of Atlanta Ordinance which forbade
colored persons to occupy houses in Liccks whera the greater
number of housee ars occupied by white persons. (Richard RB.
Russell was of counsel ‘or the petitioners who secured the
ruling of the court.) Taat dectsion is still the lew of Georgia.

In 1945, in Shelly vy. Kramer, 34+ U.S. 1g the United
States Supreme Court refuse. to enforce a covenant that property
should not be usea or occupied by any person except those of ths
faucasian race. The court held that the agreement Itself did
not violate the 14th Amendment as. the 14th Amendment is directed
against state section only. ut the court further held that the
action of state courts in enforcing this restrictive Tee i
was to be regarded ac action of the state within the 1th Amend=
ment, ané amounted to a denial of the equal protection of the
laws to the petitjoners.

This 1s not for publication.

Best wishes. : Nee hae ahs

 

 

 

 

 
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                    <text>22,
1963
Mr. R lph
cG111 1
'rhs Atlanta Constitution.
AtlB.Dt, Georg1a.
Dear F.alpn:
I was a.el1ghted with your handlii;g oi tlle Glover · c se
(January 21st) columrJ entitled "The olly of
Barriers." It was splenu:1d.
iii your I
c, .iday
'lb r
a,.; 111d ed an a
11 r Georgi
c se t
the ·
~lo~er ca~e decidea by th~ 3upreme Court 0£ Georgia 1n 1915 1
1
eJy ,2..~rel'.·
r,1,1;y 9,r Atl Mk~~ ,.143 Ga, ,192,
.v,
While the. GlovGr cas~ was s:tmply a ptH' curjam i..lead.uote
d.c1~~C&gt;! s" w'1th uo wr1tteu op1n10ll, 1n the C:1' ,:' c se Judge S
Atk1nson for the court wrote a magnificent opinion declaring
1913 .r\tlai1ta C:Jty Ordji.ai~ce proh:1b1t1DF. vh1te and colored perso.oa
1·ro res1d.tug :hJ the same block uucons Li t~ti oual. '£h1 s "' s lso
W·rujjmous dec!s:10n aud ~as later c1ted by the Supreme Court of
tht: \.1111 teu States :n JJµc.haµa.u y, }io[leY, 24;5 u,s, 6.0, where t
op1.n1on of the court !ncluded a lollg excori,t :from Judge Atk1nscm •s
op1n·i o.n 111 tne Carey case.
ncu
similar ord1nailce came oe1·ore the court, Judg
.Atk11.soll also wrote a short but vigorous diss~nt:!ng opjn10ll ill
liHclOl} Ye City 01' Atlanta, 14,
b:1
18
the O 1
v 14, wh1ch ca.,e w s subse"'uent
overruled by the Glov r
decision.
Gt'~ •..
H
C
1
CAM
ra
�Page
12
1963
This perhaps 1s a sh1niDg example of one of Ch1ef
Justice Bleckley's terse say1Jlgs: "That court is the best
which rel1es as 11ttle as poss1blG Oll its own opin1ons."
Best wishes.
S1Jlcerely•
Leonard Haas
1,HsLPM
P.S. Judge Atkinsou's decis1o.u in the Carey case as
also c1t~d w1th approv 1 by Judge Tuttle 1L! wr1t1ng for the F1tth
C1rcu1t Couxt of ; rpeals an opinion aff1rm1Dg o ... c of Skelly
right 's decj s1 vns str1kh!g Jown the ~ ...::,ui s.tana Statute seek:Jng to
ma11lta1n
re ' • T-
•J
.c.J -iu'"
1 " ,,
I::'
.._, _ ,. ~~ 164.
' ,. &lt; "°
._. '-.&gt; ·.-1,. •1
242 lid, 2d 119,


·


·._·.1.v•.._,,1 ~
·. •
-
,·,r·
l ' •&amp;! ,,
w' .....,_::;::1Utr&lt;
" ' ' 0"1
'ri:'i•tY
+ tr- oar·~Wt. ,:., I
,..,_U,.1,,.
+!
i?Mt
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              <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
&amp; 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.

 
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                    <text>HAAS , DUNAWAY , SHELFER &amp;
HAAS
ATTORNEYS AT LAW
LEON-ARD KAAS
JO H .N A .,.,DUNAWAY
SU IT E
WM . S . SHELFER
60 1 HAAS-HOW ELL BUI L DING
ATLANTA , GEORGIA
G E ORGE A. HAAS
JAMES B . P ILC H ER
HUGH F. N E WB E RRY
TE L E PH ONE
JACKSON 1- 1151
J ul y 11, 1963
Mayor Ivan Allen , Jr.,
City Ha ll ,
Atlant a 3, Georgi a .
De a r Ivan :
I am wr i ting you at t he r e que st of my wif e, and
a cknow l edg e I am gl ad t o do s o.
(1 Y Ge orgia Code , Sec, 5 2-101 reads as fal lows:
11
Under t he t erm 'i nn ' t he l aw includes a ll t averns,
hotels , and hou ses of publ i c gene r a l ente r t ainment
f or gues ts. All pers on s ent ertained f or h ire at
an inn are guests."
Georgia Code , Sec. 52- - 103 reads as f ollows:
"The innkeeper who advertises himself as such is
bound to receive as guests, so far as he can
accommodate them, all persons of good character
offering themse l ves, who are willing to comply
with his rules . 11
These Georgia Code Sections are codifications of
the common law which has been of force for more than a hundred
years both jn England and in all the states of this country.
(2) With respect to the decisions of the Supreme Court
of Georgia holding unconstitutional an Ordinance of the City
of Atlanta which prohibits colored persons from occupying
houses in blocks where the greater number of houses are occupied by whjte persons, I am giving you copies of two letters
which I wrote to Ralph McGill, one on December 12, 1960, and
the other on January 22, 1963.
�Page # 2
July 11, 1963
You will note that in my letter of Decembe r 12th
to Ralph, I men tioned that Richard B. Russell was of counsel
for the petttioners who secured the ruling of the Court decla~ing the Ordinance unconstitutional. Ralph was of t he
opinion that t he Ri chard B. Russell referred to as counsel for
the negro must have been t he father of Dick Russell, a s it was
de cided in t he year 1918 . Ra lph may be correct, I have no way
of knowing .
· Best wishes and mo re power to you.
Sincerely,
143.215.248.55 16:32, 29 December 2017 (EST)
LH:LPM
ENC.
Leonard Haas
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              <text>HAAS, DUNAWAY, SHELFER &amp; HAAS

. ATTORNEYS AT LAW
LEONARD HAAS

BORK aoatcoawaes SUITE 601 HAAS-HOWELL BUILDING

We. S. SHELFER TELEPHONE
ATLANTA,

GEORGE A. HAAS hp OER JACKSON I-1I5!

JAMES B.PILCHER

HUGH F. NEWBERRY July Thy 1963

Mayor Ivan Allen, Jr.,
City Hall,
Atlanta 3, Georgia.

Dear Ivan:

I am writing you at the request of my wife, and
acknowledge I am glad to do so.

(1) Georgia Code, Sec. 52-101 reads as follows:

"Under the term 'inn' the law includes all taverns,
hotels, and houses of public general entertainment
for guests. All persons entertained for hire at
an inn are guests,"

Georgia Code, Sec. 52--103 reads as follows:

"The innkeeper who advertises himself as such {fs
bound to receive as guests, so far as he can
accommodate them, all persons of good character
offering themselves, who are willing to comply
with his rules."

These Georgia Code Sections are codifications of
the common law which has been of force for more than a hundred
years both jin England and in all the states of this country.

(2) With respect to the decisions of the Supreme Court
of Georgia holding unconstitutional an Ordinance of the City
of Atlanta which prohibits colored persons from occupying
houses in blocks where the greater number of houses are occu-
pied by white persons, I am giving you copies of two letters
which I wrote to Ralph McGill, one on December 12, 1960, and
the other on January 22, 1963.
Page #2 July 11, 1963

You will note that in my letter of December 12th
to Ralph, I mentioned that Richard B. Russell was of counsel
for the petitioners who secured the ruling of the Court de-
claring the Ordinance unconstitutional. Ralph was of the
opinion that the Richard B. Russell referred to as counsel for
the negro must have been the father of Dick Russell, as it was
decided in the year 1918. Ralph may be correct, I have no way
of knowing.

Best wishes and more power to you.

Sincerely,

LH: LPM Leonard Haas

ENC s
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"
GREATER ATLANTA q::&gt;UNCIL ON HUMAN RELATIONS -:- 5 FORSYTH STREET. N.W. -
Announcements •••••••P• 1
Atlanta Notes ••••• _. •P• 2
ATLANTA 3. GEORGIA
INSIDE
Civil Rights Bill ••• • • ••P• 3
Hotels &amp; Rest·aurants •••• •P• 4
REPORT FROM.VvHITE HOUSE CONFBRENCES BY ATLANTA PARTICIPANTS, Monday, July 22,
7:p.m., Stouffer's Hearth Room. Dinner $2.40. Make reservations at Council
office (523•1581) by July 18, 1963. ·
I
In response to requests, more opportunitities for "members to know each other
and respond to interest in what went on at the recent series of White House
conferences on civil rights, the Greater Atlanta Council on Human Relations
has arranged for members and friends this dinner meeting, at which time 6
of the 25 Atlantans who met with President Kennedy at the recent series of
meetings will report informally on the significance of the meetings and their
application to the Greater Atlanta area. The others will be invited to attend
and to participate in the discussion. (We are proud that 6 of the 25 are
members of the Council. Those invited to speak on July 22, however, will
include some members and some non-members) COME AND BRING YOUR FRIENDS!!!





"'**********








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















































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















































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
















"'






























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


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


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








 *******














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





"'**********








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


~ ~~*· ¥* ****** ***


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












































�..
'
BULi( R,i rr:-


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


l·N -~ l}MA:N RfLATIDNS
•HJ RSYTH ,ST .. N. w.
I
lLLANif'A :3, -G-E..OR.G-·-
U.S. PC ,-.~ ..
PAID~
Atlanta • Ge org1a
.
Perm it No. 281
�</text>
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No WSL

GREATER ATLANTA COUNCIL ON HUMAN RELATIONS — 5 FORSYTH STREET, N.W. — ATLANTA 3, GEORGIA

- _ INSIDE
Announcements eovcosepe 1 Civil Rights 8311. eoecocePe O
Atlanta Notes eosevcepe 2 , Hotels &amp; RestaurantsSeceseDe 4

 

REPORT FROM WHITE HOUSE CONFERENCES BY ATLANTA PARTICIPANTS, Monday, July 22,
7tpeme, Stouffer's Hearth Roome Dinner $2.40. Make reservations at Council
office (523-1581) by July 18, 1963.

In response to requests, more opportunitities for "members to know each other
and respond to interest in what went on at the recent series of White House
' conferences on civil rights, the Greater Atlanta Council on Human Relations
/ has arranged for members and friends this dinner meeting, at which time 6
' of the 25 Atlantans who met with President Kennedy at the recent series of
meetings will report informally on the significance of the meetings and their
ie application to the Greater Atlanta area. The others will be invited to attend
and to participate in the discussion. (We are proud that 6 of the 25 are
members of the Council, Those invited to speak on July 22, however, will
include some members and some non-members) COME AND BRING YOUR FRIENDS!!!

9 Ae ie A Re 6 ae a 2 ae 2B ae a As

SAVE AUGUST 19 FOR A PICNIC SUPPER FOR COUNCIL MEMBERS AT PIEDMONT PARK. To
avoid reservations and money, each family is asked to bring your own foode
The Pavilion at the Fourteenth (14) Street entrance, has been reserved for
63 peme to 9% peme This will be a purely social affaire-no program, just
food and conversation for all agers

Jeeta aie OK

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

Commissione
46 29s 2k 2s fe 2] ais fe of oh a he ok ac

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

Be 2 2 2 ae ak 2k ok oie slo ac ae ak fee

From President Kennedy*s Radio end Television address on June 113 "We face,

therefore, a moral crisis as a country and as a people. .eelt is time to

act in the Congress, in your state and local legislative body, and above all,
‘4 in all of our daily livese"

 

July, 1963
=2e

APOLOGY TO MR. HOLT:
is, Bei. Holt, President of the Atlanta Board of Education, at the
Boar’. wooriy on Jure "9, said that he had been misquoted when the Council
hea go nrked thet ne "eoldn't think of anything to say" in response to GACHR's
lov ver oe .llig obltonsten to plans for an Atiexe “igh school with a Negro
“HEenLor ehudect ca ties. aanual outing to Calion..v S&gt;rdens, which does not
arith Negurss a4 vegeting suggestion made 2s.&lt; ;2ar that Board adopt
tCiuuy ch me tcarol sponsored Iunctions held wi,.re all students would not
he ANobvtace ue, Holt said that "this Board fuit for it to intercede and
Chise the ovhirr ts be called off would resul+ ir unfavorable reaction of
She Glact, tis tient? boty ard the community towards the student involved.
This Lorri las ac.a cyevwsling in its power +. -:event such reaction."
save Sudvab davetend..co.tacted the Cow.:i% several times saying that
sme “wral Tits to go op tho pienice” We apotocize for misquoting Mr. Holt.
Di. gyesuie: tue Soard's permitting a svkcvl sponsored event to be
schacrisd ub 2 o1Ace where it is knowm in advance that even one of the
St.18h58 “nvely on soyla not be admitted and question the advisibality of

  

Mbing WL puss.tic for 4 student to be placed in the position of mking
A afc.un which usvelecs a choice between participating in school affairs
oO: ¢ ee ‘wievyur2l.a reaction of the class, the student body and the

community” toveids himself or herself.
Fe AG AOKI AOR

During the past few weeks, the GACHR has been asked to assist in efforts
te sxcure sarollment of a Negro in a typing course at the Northside YMCA and

enrcilment of a Negro child at the Atlanta Speech Schoole
of ee fe a 2 2 kha aa

Bishop Randotph Clairborne of the Episcopal Diocese of Atlanta has
annovneed the witudrawal of any affiliation between the Episcopal church
ang tne Lovzstt School, following the announcement by the Trustees of a
policy of racial segregatione

Rev, John Me&gt;:is has announced that "oeesteps will be taken in the fall
at tha cpening of seaucl to prstext the Trustees’ decision which leaves some
@curt as to the faithfulness of  cth Episcopal clergy and laitye »«seSupport
Witt oo gimen vo Jicect action jpxoelest aimed at both the school itself, as
well as t ite members of the Funst who ure Episcopalians. Most likely this
will ineliiwe ha placing of pitre7. at the school and at other points

lappropriate %o the respestive ir. sceaseec”
LR do ai Rai AA

DECATUR GACTR MEMBERS 1cvors thot Negvo children in Decatur must come in

to Jtlaity for cumaer school, tueugh many Negroes live a few blocks from the
Whice Oesatus ecshoolss The vexutur schools offered no summer courses in
cclored schoolte

No renly te ineguiries to WESTMINISTER SCHOOLS about policy of accepting
epplicsatiour rion Negroes, for sumer or regular sessionse

IN TEE WORKS Factual chronological account of desegregation to date in Atlant

ee et

AVATLAct# VON RYQURSTs Copies of Dre Martin Luther King, Jr's», LETTER
FROM BITIGGHAM SETS WAIL.

 

Nots! We urge you to support the desegregated restaurante and to state
your approval of such a policye
GREATER ATLANTA COUNCIL ON HUMAN RELATIONS July, 1963
aj=
SUMMARY OF ANALYSIS BY SOUTHERN REGIONAL COUNCIL OF CIVIL RIGHTS BILL

(You are urged to express your views to Congressman Charles Weltner, Senators
Richard Russell and Herman Talmadge.)

Voting: Forbids use of different standards, practices or procedures for
whites and Negroes, bars denial of right to vote in a federal election because
of certain immaterial acts, provides for federel voting referee when lawsuits
are pending in county in which fewer than 15% of eligible Negroes are
registered; preferential treatment of voting rights suits on federal court
calendars; requires presumption of literacy on completion of 6th grade in
accredited school where instruction is predominantly in Englishe

Public Accommodations: Guarantees to all citizens full and equal enjoyment
of goods, services, and facilities of hotels, restaurants, places of amuse=-
ment and retail establishments in interstate commerce, ieGce, where goods,
services, facilities or accommodations are provided to substantial degree
to interstate travelers; substantial portion of goods has moved in interes
state commerce; activities of establishment substantially affect interstate
commerce; establishment is integral part of establishment covered by above
(bonefide private clubs and e stablishments not open to public not covered);
persons denied access because of race can institute court action; Attorney=
General can bring suit upon written complaint by aggrieved party, if party
is unable to finance suit, obtain effective legal representation, or there
is fear of economic or other injury; before such suit, A=-G; must refer

case to Community Relations Service (see below), give establishment time
to correct practices; permit state and local equal access laws to operates
if plaintiff wins suit, loser pays attorney's feese

 

School Desegregation: The U. Se Commission is required to report in 2 years
on extent of school segregation on-all levels; Commissioner authorized to
give technical and financial assistance, upon request, to school districts

in process of school desegregation (financial assistance to train personnel)s
authorizes A=G to initiate suits against local school boards and public
institutions of higher learning whenever complain of existing segregation

is received signed by parent or individual; party is unable to undertake suit
for lack of money, effective counsel, fear of economic or other injury;

A=G determines that such suit will further orderly process of desegregatione

 

Community Relations Service: Federal agency to work with local communities
yroviding advice and assistance, help solve inter-racial disputes and work
guietly to improve relations in any community, to be established by executive
order until given statutory actione

Civil Rights Commission: Extension through 1967 and broadening of power to
serve as clearing house, offering information, advice and technical assistance
to any public or private agency requesting ite

Equel Opportunity Commission: Permanent statutory Commission similar to

present Committees

Federal Programs: Any federal assistance program not required to give aid
where racial discrimination is practiced; no discrimination in employment
contractors or sub-contractors on grounds of races
GREATER ATLANTA COUNCIL ON HUMAN RELATIONS July, 1963
ade
RESTAURANTS AND HOTEL DESEGREGATIONs

Restaurants: The GACHR, along with the Atlanta NAACP, the Committee on
Appeal for Human Rights and individuals connected with other organizations,
has been in touch with individual restaurant operators and with the Atlanta
Restaurant Association for the past several months, urging voluntary
desegregation of eating placese It has been stated repeatedly that no person
or persons may speak for the Restaurant Association and that any action teken
would be done by individuals in terms of their owm places of business. The
individuals taking part in the discussions have changed from one time to the
next. To our knowkhedge, there have been no written agreements. There were
verbal agreements to desegregate the last week of Jue, after repeated
demonstrations by the Committee on Appeal for Human Relations. The under=
standings of the verbal agreements have varied in some cases on the part of
different persons at the same meeting. Some restaurants which we understand
did agree to serve Negroes decided against it before the appointed dates
Some served Negroes on the "first day," then refused to serve them the next
_ deye Some refused at first but served later. A number served Negroes but
when asked by telephone if they were desegregated, said noe So==-there is
no "official list," and any list would probably change from day to daye

Acting on the belief that desegregation cannot te in effect until those
who might be effected know of the change and on the belief that support from
those who favor the change can be more effective than withdrawal of support
by those who oppose it, we give here a list of restaurants in which the GACHR
members have observed Negroes being served within the past few weeks:
Yohannon's, Sellers (Piédmont Hotel), The Farm, Herren's, Camilla Gardens,
Emile's, Escoe's, Caruso's, Devis Brothers, Johnny Rebb's, Crossroads, Big
Boy Drive-in, Seven Steers, Miami Buffet, House of Eng, S&amp;W, Bradshaw's,
Howard Johnson's, Dales Cellar, Rex' Fine Foods, (the Rivbra and Four
Seasons for private parties )e

Hotels* On June 21, Mayor Tyan Allen announced that he had been
requested by 14 Atlanta hotels and motels %o announce a plan for limited
desegregetion. The hotels listed were? the Air-Host Inn, Atlanta Americana
Motor Hotel, Atlanta Cabana Motel, the Atlantan Hotel, the Biltmore Hotel,
the Dinkler=Plaza Hotel, liarriott Hotel (unfinished), the Hilton Inn, 3
Howard Johnson's Motor Lodges (South, Northeast, and Northwest Expressways),
the Peachtree Manor, the Piedmont Hotel, and the Riveria Motel.

The Council wrote Mr, Allen asking if this in anyway changed the
situation of individual guest (s) since we are often asked to arrange lodgings
for foreign visitorse He replied that he had made the announcement as
requested, and was referring our letter to the Hotel Association. Mr. Styron
of the Hotel Association wrote that this was an individual act by each of
the 14 hotels and each would have to be contacted individuallys We are in
the process of doing that now, There have been reports that individual
Negro guest have been accommodated, but this has not been announced asa
public policye

Dre C, Miles Smith, NAACP president, said his understanding of the
agreement was complete desegregation of these establishments

fe She oft os fe is afc ae at a fe a 3K a
REATER ATLANTA TOUNGIL)
IN HUMAN RELATIONS
FORSYTH-ST.. N. W.
TLANTA-3, GEORGM

  
 

BULK Ra
U. S. PC : :

PAID.

Atlanta, Georgia

   
 
 
 

 

    

 

Permit No, 2g 1
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                    <text>B~ NA D SOUlH
332 Piedmont Ave., . E.
n
.-TA12tGA.
July 10th, 1963
\
Senator Richard Russell ,
Washington, D. c.
Dear Senator Russell:
I have followed 1th interest and
admiration the position you have taken on t he
iniquitous prpposed civil rights bill 1th aJ.1
of its dastardly implications . I strongly endorse
all that I have read in tho press of the strong
opposition you are providing and I encourage every
act within your po er to defeat this proposed
measure with all of its heartbreaking possibilities
including the ruination of many business establishments that ou1d occur in addition to an ending of
.freedoms in this country long enjoyed by its citizens,
all for the on purpose of playing for political gain
or negro votes . It apparently has never oooured to
the Kennedy .fant1ly or the loss ot hlte votos. they
must consider or do they ever atop to consider anything
h nev r the negro rai o hi voio?
I did not vote for Kennedy (nor Nixon)
nd 111 never vote for this politic l dictator who
holds the south in such contempt, ho sho s such utter
l ck of acumen for the high office ot Prosident . I am
oppos d to the insidious methods ho and hie family use
to seize control of this country for their own political
po1er gin.
is handlin of the negro problom shoe utt r
laek of maturity.
At evory opportunity praoented I exprea~
my vies to nll with ars 1th which to listen and it
i
y hope that e 1111 hav several million citizo ·
do 1ik 1se so that e might not be burdened with the
Kenndy f ily fter th pr sent t rm of office expir
Cordially your •
_/-'.'(
~ l . C £'2. ~
B natid South
-
•
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              <text>July 10th, 1963

Senator Richard Russell,
Washington, De Ce

Dear Senator Russell:

I have followed with interest and
admiration the position you have taken on the
iniquitous prpposed civil rights bill with all
of its dastardly implications. I strongly endorse
all that I have read in the press of the strong
opposition you are providing and I encourage every
act within your power to defeat this proposed
measure with all of its heartbreaking possibilities
ineluding the ruination of many business establish-
ments that would occur in addition to an ending of
freedoms in this cowmtry long enjoyed by its citizens,
all for the one purpose of playing for political gain
of negro votes. It apparently has never occured to
the Kennedy family of the loss of white votes they
must consider or do they ever stop to consider anything
whenever the negro raises his voice?

I did not vote for Kennedy (nor Nixon)
and will never vote for this political Valetator who
holds the south in such contempt, who shows such utter
lack of acumen for the high office of President. I am
opposed to the insidious methods he and his family use
to seize control of this country for their own political
power gain. His handling of the negro problem shows utter
lack of maturity.

At every opportunity presented I express

y to all with ears with which to listen and it

pe that we will have several million citizens

ae Be owtae so that we might not be burdened with the
Kennedy family after the present term of office expires.

Cordially yours, |

a ae ie? aA % e
9

Benard South

Dee Z/»,

  
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                    <text>CITY OF A TLANTA
Date
Area
A ction
9/61
S chool s
Court order
10/61
Department &amp;t variety stores
lunch counte rs
voluntary action
1/62
City Facilities
voluntary (city offi cials)
5/62
D owntown and arts theatres
voluntary *
5/6 3
Negro firemen hired
voluntary (city ·o fficials)
6/63
Swimming pools
court order ... voluntary
decision to open pools
(ci ty officials)
6/63
18 leading hotels
voluntary,.
6/63
approx. 33 leading restaurants
voluntary*
\









In each instance voluntary action consisted of cooperative
action between operators of aff cted businesses and r sponsible
Negro 1 adership.
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              <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 &amp; 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.
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                    <text>Gentl men, I hav-e the honor, privilege and r sponsi hility of
Mayo7 oi the leading South a tern Ci ty of Atlanta., Georgia.
rving a
I
Atlan.t a ha a Ci ty population of li htly oveJi' 500, 000 people and a
m tropoli tan popul tion lightly over l , 100, 000 people.
people that make up the c ntral Ci ty o:£
Th 500, 000
\
tlant c on i st of 300, 000
. bite citizen and slightly over ZOO, 000 Negro citiz n • In en ral,
Atlanta i
60% whi te and 40% Ne,g ro.
o here ii the probl mot th elim
. b tween th rac
ho must
more prevalent than it i to th local electe-d offiei
re tie with and . olve thi - problem ere ted by ci rcum tanee
beyond hi con.trol
lend defini'tio
d then ignor d by t
to th
brought into toe
i nor
tion ol. discrimination
by tb Pr
olution.
by Suprem
l
r
pon lbl
rtie
pe k of th problem
ving b e
Co\U't d ci ioae nd then
t
id nt and Congre • of th United S
•
ac d daily wltb Ui·· almost un olvable probl mo! th
ot di
criminatlon
r esofth U ited 5
d finitlo 01'
m
W ee
a• ce_r
v · ever
ot
lp
ber1 ft
t
•
nda In off ring
of th moat dilflcult
• lu ·
t
im!nation
dir et d by th F deral Court , local official• mu t
d.er
p1'0
ho hould
tional
d.
mue m nt. • • U ot
re•• a
1
clo
...
�Pagel
of the Supreme Court and offer no relief to the dilemma that local
officials are confr-o nted with in carrying out these decisions.
You
gentlemen must be conscious of the fact that whereas P resident Kennedy
ha.a made two a p pointments to the Court and there are
Eisenhower a pointm nts and


Trum an appointment
and

Roo evelt appointrrl! nts, only the Senate of the Uni.ted
States has as an elec:ted body the continuing :function ov r the ye rs of
What l am aying,. gentlemen is --
ppointm nts .
a pproving all of the&amp;
This is your Cour t _that has brought into focu
this problem and only you
could have c hanged its overall makeup through the years.
Reg rc:ll
of our conviction , fe lings or emotion in the matter
of racial di crimin tion,
Tb a
simple fact •
hen we mu t f c
e tim ha come
f ct a.r . either --- w
discrit:nination or you mu t p~ovide
U\\Uit
le al mean for
in this country and c rry out through legal nact
· to d . l . ith such
ro
v
y tem.
m wh n it ldat in
ry
t
Yo
in Amerlc
v
--
sk d m
,,1
e rly
d all
her
to
• ful
cce
nt for loc
official ·
a local
t this i
v ry city in Am riea -- i
cro ·
rly
n
the N tion.
iv you th
r ve problem.
d
r&amp;ci l
o-c ste sy tem
You cannot COAtlnu to say t
loc l au.cc as in de Un with this
su
elimin t
up to
ck ro
of Atlanta 1
ically
e in vitability !
v only
e Co rt••
�Page 3
deci s ion and ttempted to
ol v
It hould
them by loc 1 cooperation.
be perfectly pl ln that the solution in every instance granted to the
Negro citizen rights which white American citizens and American business
had previou ly r
erved to them elves as speci l privilege •
privilege have been carried out by a multitude of l ocal and
tatewide ordi
form.
n.c es that provtddd for
ve d
ellhanced or r
jt;J,tkJ-1,hA.td
in d aegr gated privil g
in.gle
wher we
It with thi . matt r .
ri
cour
e
egr gation in every cone iw.ble
1 make it p rfectly plain to you gentlemen that .i n not
instanc
Th,
in th
• and bu
of r a on ble de egre · ation such
50' ,
golf
tl nta took tb followin m jor tep
in the e rly 60' :
Act1o
Date
Court ord r
9/61
School
10/61
D
l'tment
ltmch C
1/
City F cilitie
volUD.tary (c:J.ty ofiiciah)
Do
vol~,_..,•
Z
5/62.
to
ri ty tor
nd arta the tr •
5/63
vol
6/63
wimmi I pool•
l
 J
volun ry action•
lead!
tarr (city fficial•)
Coul"t order • volun ry
de i•i
,o
pool•
(city offieiale)
r1 •
.., *
�Page 4
In each instanc · volwitary ction consist d 0£ cooperative
action b tween o
pon. ibl
r
rator
of affected bu ines e
nd
Ne ro lead r hip.
You can readily see that in ome in tan.c s thi ha
Court action
ction.


din oth r instance


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

instance have we enhanced or retained segregated privileges where we

* ‘heave 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 &amp; 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 to open pools
(city officials)

6/63 18 leading hotels voluntary *

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
Gourt action and in other instances has been voluntary prior 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 Negooes have been accepted in several
hotels, the Negro citizen hdé 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 tubmit to you my personal reasons why we think
Atlanta has resolved some of these probleme 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 -- fif and that is

 
Page 6

race relations. 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 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 into 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 id I would like to explain to you #hbf/2 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, @i/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

family - 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 as they are as
desirous of additional civil and economic and personal rights as any
American citizen is. They simply realize 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,
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                <text>Box 17, Folder 15, Document 21</text>
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        <name>Folder topic: Civil Rights Bill | 1963</name>
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                    <text>· I


!
Cientlemen, I bav the honor. privilege
ano r
spon ibility of
erving a.a Mayol" of th leadin Southea tern City of Atlanta, Ci orgia ..
Atlanta has a City population of li htly over 500, 000
ople and a
m tropolitan population lightly over 1, 100, 000 peopl •
Th,e 500, 000
peopl
that make up the central City of Atlan
consist of 300, 000
whit c:itizen and sli htly ov r ZOO, 000 Ne ro citizeiis.. In gel'J; ral,
Atlan
60% whit and 40% Ne ro.
i
Nowhere i _ the probl mot th
bwtwe
limin tion of di . crimination
the race mor pr v 1 nt th.an it is to the local el cted offiei
ith nd solv tbi - probl m creat d by circ
who must wre tle
b yond bi control and
n ignor d by th r
1 nd deliJ.lition to the olution.
brought into foe
I
peak ,o f the problem
i nor d by th Pre ident and Congre
F c d daily
,t,h th
i-
definition or
We c
h re
of th
t b lp
vin
hould
b en
nd then en rally
United S
~
th Feder
t ,.
Couts, loc
• of the Uni d Stat
tio
who
almost un•olvabl probl m 0£ th · imination
of di crimina.tion a, dir eted
often wond
rtie
pon ibl
by Supreme Court d ci iona
tanc s
ln th • luti
offic l• m · t
atan
in offerla&amp;
of th molt dlfilcult
t loo wit amu
me.nt ••• U ot au.a
tional
elo
•••
• d cial
�Page Z
of the Supreme Court and offer no relief to the dilemma that local
official$ are confronted with in carrying out these decisions.
You
gentlemen must be conscious of the fact that whereas President Kennedy
\
has made two appointments to the Court and there are
Eisenhower appointments and


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





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


'*lit t


why I thin
r N
ro due tion in the
e bay.
orld.
.
d Collea • loca din id o r
Th y are Atl 11ta UDiveraUy. Clark Coll•g • Mor
Colle
lt
aometim a f 1 d.
'
Tbet ar •ix gr at Negro Univ raiti •
Chy limit•.
d
ch an amic ble olutio •
· to xplaln to yo
cent . r of big
tlanta. l•
taurant owner
ve work d. qually aa hard and in many lnsta ces
hav fail d and U 1 ould U
•ucc
to de l with
d rehip , and by developing the line . of community
bility, we have been bl
cut •
ppoln d the tre
,
• Spelman Colleae a 4 a
1
•
t umber 0£ in lli1 nt.
re
•
Uy. A1 a eeult
,f
\
�pg 7
high r e ducation t
bu ine
y have bad th capacity to de
community. lo
lop a great N
tla.nta it con i ts of financial in tltutions
like bank - building and loan a
ociation - lif insurance companie •
lik, th Atlanta Life Insurance Company • cha.in drug tor
In fact, th y ha.v · d velo
dealer·s .
tlanta there i
a
tron daily N gro n
£ mily • tlley o
But it 1
nte
chain of
No ro citi
and busin a community that c: rri
cltb
la.
T
ord "con · rvatlv
d c:onomic
y simply realie
•• righte tbaD it le to er
d of obtatnln th a rights
them el
Atlanta Daily
ck d by
!ts voice to the
•
iroua of adclitlonal civil
Amelie
paper - T
tron ! ct.or.
per with ve ted inter . ta
Do not be mbl d by th
d
anoth r
ly and w ekliea thl'oughout th country.
atl'ength of
ducated r U o
i
promin nt Ne ro 1 mily - dl Scott
Own d and oper t d by
World.
. - r al e tat
d, I beli ve, in almost evei-y line of
cknowledg d Am dean bus in s • Then th r
In
ro ·
•·
ir
a
th y ar ·
raonal ri ht•
any
t it :la mor impoJ'taAt to
d monetrat1
•· And it i
t th y con tantly ddr ••
\
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              <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. 1 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 steven 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. Whatlam saying, gentlemen is --
This is 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
problem when it exists in 4d4# 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 dfalth/ Whild
statewide ordinances that providdd for segregation in every conceivable
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 &amp; 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 to 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 prior 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
hotela, the Negro citizen hdé 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/ ine during the first week of its desegregation
and has not had any since this day. All of this, gentlemen, is a question
ef 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

lower economic groups.
Page 5

The above statements concern the actual changes in Atlanta's

elimination of discrimination,

May I now tubmit 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 eonsketing 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 -- fi/ and that is
Page 6

race relations, 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 through an

_ agreement between the effected white ownership and the Negro leadership

te 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
with time the problem has come into 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 Whbs/1 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,@i/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. Im 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

. family - 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" as they are as
desirous of additional civil and economic and personal rights as any
American citizen is. They simply realize 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,
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                    <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 l , 100, 000 people.
The 500, 000
people that make up the central City of Atlanta consists of 300, 000
I
I
white citizens and slightly over 200, 000 Negro citizens.
In general,
Atlanta is 60% white and 40% Negro.
Nowhere is the problem of the elimination of discrimination
-b tween the race _ more prevalent than it i
to the local elected official
who must wrestle with and solve this problem created by circ"Um ta.nee
beyond bi control and th n ignored by the r sponsible
lend definition to th
solution.
I
rties who hould
peak of the probl ma having b en
brought into iocu by Supreme Court deci ion and then generally
i nor d by the Pr sid nt and Congre
Faced
ly with the
of di cl'imin tion
often wonder wher
most
t w
hav
ol
United Stat s.
bl
problem of the
i mination
directed by the F deral Court , loc 1 ofiici le mu t
the Con r
c:1 finition or - aplanation in th
probl m
'\Ul
of th
of the Uni d Stat a
tand in off ri
solution of th mo t diUlcult
tional
ver had.
W cannot h lp but look with mu ement. • • if not euapicion • • •
• c rtain member• of th Co
rea
dtb
s
4 nouno
th d ciaio a
�Page 2
of the Supreme Court and offer no relief to the dilemma that local
officials are confronted with in carrying out these decisions.
You
gentlemen must be conscious of the fact that whereas P resident Kennedy
has made two appointments to the Court and there are
Eisenhowel' appointments and


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


ry t te ln Am i-ic -· and all cro


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





voluntary





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





ry •
�Page 4





In each instance voluntary action consisted of cooperative
action between operators of affected businesses and
responsible Negro leadership.
You can readily see that in some instances this has been under
· Court action and in other instances has been vol untary prior to Court
action.
In each in tance it ha
resulted in the white citizen giving up
pecial privileg s which be enjoyed under a segregated society and bas
Negro ditizen being given rights which all other people
re ulted in th
had and which he did not previously enjoy.
It would
tr nsition ba
well for me to expl in to you how limited this
b en and bow little of it tM Ne ro citizen can
in even · t this time.
Out of hundred of r
d segregatio.n: affect les
t urants in Atlanta, th
than fifty of them.
bov ·
The hotel plan is based on
d . lthough prominent Negvo s hav
conv ntion
rticipat
b e:n cc pt din
hotels, th Ne ro citiz n UI as a whole a ldom hows up.
With
in Atlan , on of Atlanta's leading r
urant
there
h d ixte n . of th m to din ;.-1,.a during th fir t w k of it d s gr
tion
Z0-0, 000 Negro citiz n
and
not bad
y
ince tbi8 clay.
All of thi ,
ntlern n, l
of economics and it ahould be remember d that the right to u
do
low
not in
y
omic
y indicate that it wW
roup.
uaed
qu ation
eom thing
91 or miau ed by
�Page 5
The above statements concern the actual changes in Atlanta' s
elimination of discrimination.
.....
May I now ubmit to you my per onal reasons why we think
Atlanta. ha . resolved ome of these probl ms whereas in other Southern
citi a , tb.e solution has seemed to be impossible and strife and conflict
have result d .
It would be best for me to de crib a rec nt visit of an offiei l
delegation from a gr
t Eastern city that bas a N gro population of over
600, 000 consisting of in
xc:e s of 20% of their whole population.
came to Atlanta to det rmine
we:i-
hy we had gone furth r with ucc s
njoying a great conomie pro
rity wher
and an un mploym nt rate of
three tim s of what Atl
'a wa.a.
ce bring
hav gon
to
conomic pro perity.
, th two
tall of our civic
ould
-rdly b li
ffort to solve ·oui- anv
t1l y t
di • · .eked by th
d e rrted out by the City Go~rnm•nt
. maelv•• with
d
d political int r st of AU nta had in~ ntly
U with ita N gro popul tion. l do ·
that they ar convinced t
int•re t
sadly referrin that
th r.
busln s , civic
concerned it
pproxima.ti ly
How v r, in Atl n
tion ehnply did not under tand
t th
and
they w re having
unlimit d racial probl m
I am not n c
They
blic
e daily co cern d
t problem •• 'Ill, and that 18
�Page 6
race relations.
Gentlemen, Atlanta bas n ot swept this question under
rug at any point. Step by step .. sometimes under Court order -
th
sometimes voluntarily moving ahead of preasures - sometimes adroitly' an.d many time
clumsily - we hav tried to find a solution through an
£feet d whit own rship and the Negro 1 adersbip
agreement between the
to each of these probl ms .
have not appoint d a. huge bi- racial eommittee that
To do this w
b com
a stop-gap for every cone ivable que _tion, but on the oth r ha.J)d
each tim th probl m bas eome into focus ,
own r
to deal with th · top N
the top N gro le der
ro 1
der
e have appointed th atre
.. or hot l own
l'
to de
- or voluntarily e rtain rest urant oWtl
l'
with
dealt
with th top N gro lead r hip , and by d v loping th lines of community
and
rt
pectability, w hav b en abl
0th r cit!
ba.v work d q
to r ac::b n amicable olution.
hard and in many in
lly
have £ led and U 1 would Uk to xplaln to you
ucc
d d wh r
v
th y
-1,,J:Jt.Mt
c
why I think we
om time f iled .
tla.nta b th c n r of high r N gro due tion in th · orld.
Th r
re six r
City Umita.
Morna Bro
d Coll I
They r
Atlanta Univ r lty, Cl rk Coll g , Mor
Colle e , Spelm
•
e area.
ve ·c
t
re
loc t d inside our
Colle
d an in rd
r •ult of high r
umber of int 111
in ln tbi• &lt;:ity.
due tio
n1~ well-ti-ai
o
in a
oua •
t1onal
ble ln
d N 1ro cut~ n
reeuU f thelt tr ,
and
v
�---- -
Page 7
higher education they have had the capacity to develop a great Negro
business comm.unity.
1n Atlanta it consists of financial institutions
like banks . - building and loan associations - life insurance companie •
Uk the Atlanta Life Insuranc
dealers.
Company - chain drug stor s - real e tate
Jn fact, they have developed, I believe, in almost every line of
acknowledged Am rican bu in ss.
Then there is another strong factor.
In Atlanta there is a strong daily N gro newspaper - Th Atlanta Daily
World.
Owned and operat d by a prominent Negro family - the Scott
family - th y operat
chain of daily and we kli s throughout th country.
the str rngth of a daily n w paper with ve ted intere t
But it i
an ducated religious and bu in
community that carri
eked by
its voic
to th
Negro citizen •
Do not be mi led by th word 11 con erva.Uv " a
d
irou• of dditional civil
d economic
Am :ric n citi _n ie.
They imply r
obtain \h
nit i
right
to tb end of obtainin th
th m
iv · s.
to er ate
e r1 ht
th y
r
d per onal ri ht a
liz that it i
ae
y
mor impo,:tant to
mon tr tions. And it i
that th y const.antly addr •
�</text>
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              <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 &amp; 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.

 
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                    <text>MEMORANDUM
OFFICE OF THE MA.YOR
WILL I AM 0 . COWG ER
MA Y OR
LEWIS C . TINGLEY
E X Ecu·Tl vE ASSISTANT
July 12si 1963
TO:
Al\ Depat&gt;tment Heads
Dirrecto!' of Finance
City P.archas:wg Ageni:
FROM~
VJi l)l.iam 0. Cowge:r
l\rmyox- of I..i0uiS"1HJe
SUBJ"ECT:
Adminis~·ative Directive Concerning Non- Dim~ri miratio1.1
Clause in City Contracts
In .the oz·dinance ~stabHahmg the LouJ.swille Human Relations Commission;,
the B&lt;"'sird of Ak1ermen and this offi~·d decla:red t~t nuie practice of disex-!mim.tion against any J.n:e:Uvidual ox- g?"oup because ·of 1raee, CR"eed., colior
or national o:rrigin~ is contrax-y to g!&gt;Od public policy and detrimental to the
peace&amp; prog-;:-ess and werl:a:re of the Cityo u We _alaQ :recognize that the
lack of full }.'l'Ai"tic1pation of a.ray lrnl!vidual in _the privileges of full member~
ship in the com.munity r·etards the p.?ogress oI the community and effects
the generral well-being of all ol its cftU.zenso " Fqrtliermol"e 51 it is :my s ince:re conviction. that
of the peoplt) of LmdsvHle arre e ntitled to benefit
an
equally from the expenditure of publ\c funds collected in taxes~ :regardless of tlieh' !"ace O:Z' religion_~
In fu:rtheram;:e of lilis policy again.st discrimination., I am issuimg this administrative direetive to all City De_r-a,rtment Directorso .Begbmmg Augins
1" 1968 51 all cont.r-a.cts and invitatiooo to bid which must be app:roved by me
under the Statui,,1as of the Commorrw&lt;:ialth of Kentucky and. the Ordinances of
the City of Louisvillei11 the foUowi~.g ~J.ause is to be included:
Tne contt"~.etor a):rees that int.he performan~e
of this agreement with tile City of Loufaville, it
19
will comply with all a.pplicable State and local
laws and :1~egulci1:t1.ons r,md will not_discriminate
against ~ny emp·:oyee because of racep c:reed.,
COlOll"~ r,iligion or national OT!gmo The COntractOi' further a.gr1ies that he will not disc:rim!nate
in hls employm11r t pneticesp whi~h would include
"Find a way it can be done, instead of a way it cannot" ....•••. MAYOR COWGER
�July 12 9 1963
Page two


recruitment: demotion or iransfer, lay- off


or teX'mina.Honp OT in irate of eompensationo "
If anyone has any questior.1 a iconceTn!ng this memoram:llwnl) please con-
tact my office o
WOC/ mb
'
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              <text>ett MEMORANDUM

&gt; x » ty
77
———ve OreIcE Ok THE Mayor SETWE AieiCoAbe
July 12, 1963
TO: Ail Department Heads
Director of Finance
City Purchasing Agent
FROM: William O,. Cowger

Mayor of Louisviite =

SUBJECT: Administrative Directive Concerning Non-Discrimination
Clause in City Contracts

_ In the ordinance establishing the Louisville Human Relations Commission,
the Beard of Aidermen and this office declared that "the practice of dis-
crimination against any Individual or group because of race, creed, color
or national origin, is contrary to gocd public policy and detrimental to the
peace, progress and welfare of the City." We also recognize that "the
lack of full participation of any individual in the privileges cf full member-
ship in the community retards the progress of the community and effects
the general well-being of all of its citizens." Furthermore, it is my sin-
cere conviction that all of the people of Louisville are entitied to benefit
equally from the expenditure of pubilc funds collected in taxes, regard~
less of their race o7 religion.

In furtherance of this policy against liscrimination, Iam issuing this ad-
roinistrative directive to all City Department Directors. Beginning August
i, 1963, all contracts and invitetions to bid which must be approved by me
under the Statutes of the Commonwwalth of Kentucky and the Ordinances of
the City of Louisville, the followiny clause is to be included:

"The contractor ayrees that in the performance
of this agreement with the City of Louisville, it
will compiy with all applicable State and local
laws and regulations and will not discriminate
against any emp ioyee because of race, creed,
eolor, religion pr national origin. The contrac-
tor further agrees that he will not discriminate

in his employment practices, which would include

"Find a way it can be done, instead of a way it cannot". ....... MAYOR COWGER
July 12, 1963
Page two

recruitment, demotion or transfer, lay-off
or termination, or in rate of compensation. "

If anyone has any questions concerning this memorandum, please con- *
tact my office. ~

 

WOC/mb
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                    <text>WILLIAM 0. COWGER
&lt;c:DIFIFil&lt;C ill: &lt;O&gt;IF "IrIHI.IE:
MAYOR
MA Y&lt;O&gt;Jffi.
J uly 15, 19 63
LEWIS
C.
Mr s . Anne Drummond
Executive Secretary to the Mayor
City of Atlanta
City Hall
Atlanta, Georgia
Dear Mrs. Drummond:
I did so enjoy talking to you on the telephone last
Friday and look forward to meeting you personally while in Atlanta
on July 31.
On July 12, 1963, Mayor Cowger issued an Administrative Directive concerning non-discrimination in City contracts.
For your information I am enclosing a copy of t his m emorandum.
Until I see you on July 31, I r emain
LCT:lo
TINGLEY
E X ECUTIVE ASSISTANT
TO THE MAYOR
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              <text>SY
+= CiTry OF LOUISVILLE
ry KENTUCKY
OrricHh or rom MAyvor
WILLIAM 0. COWGER LEWIS Cc, TINGLEY

EXECUTIVE ASSISTANT

July 15, 1963 TO THE MAYOR

Mrs. Anne Drummond

Executive Secretary to the Mayor
City of Atlanta

City Hall

Atlanta, Georgia

Dear Mrs. Drummond:

I did so enjoy talking to you on the telephone last
Friday and look forward to meeting you personally while in Atlanta
on July 31.

On July 12, 1963, Mayor Cowger issued an Admin-

istrative Directive concerning non-discrimination in City contracts.
For your information Iam enclosing a copy of this memorandum.

a

Until I see you on July 31, I remain

LCT:lo

 
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,/
STA~ OF
EDGAR S. KALB
of
MAYO, MARYLAND
BEFORE THE COMMITTEE ON COMMERCE OF THE UNITED STATES SENATE
IN RE:
s . 1732
The "Interstate Public Accommodations Act
lat Session
88th Congress
( l)
SCOPE OF STATEMENT
(a) The scope and purpose of this statement is to present to the Committee
evidence to show that the provisions of S. 1732 should not be made applicable to
the operation of privately owned and privately operated bathing beaches, which
beaches a.re located in states in which the State, Federal Government, or any
County or Municipal Corporation, or other public tax-supported body, operates
or maintains any beach or beaches, which a.re open to the use of all persona.
(b) To propose to the Committee certain amendments to S. ·1732 to effectuate
such exclusion, and to suggest certain amendments designed to eliminate certain
injustices from the Act.
( 2)
DESCRIPTION OF THE TYPES OF BEACHES FOR WEICH EXCLUSION FROM THE ACT
(S. 1732) IS REQUESTED.
I
(a) Examples of the types of beaches for which e:ic.emption from S. 1732 is
requested a.re the approximately twenty-one privately owned and privately operated
bathing beaches which a.re located on the western shore of the Chesapeake Bay and
its tributaries in Maryland.
Of these twenty-one beaches, fourteen a.re located in Aime Arundel County,
south of Baltimore; four are located in Baltimore County, north of Baltimore City;
and three are located in Calvert County, within approximately 25 to 35 miles of the
District of Columbia. Approximately three of these privately owned beaches a.r"
fully "integrated."
(b) Gene,rally speaking, these twenty-one beaches, with a few exceptions,
are "family O'Wlled and operated, 11 and have been so owned and operated for several
generations.
(c) Moat of these small bathing beaches are located adjacent to small residential communities, and in a certain sense are practically part of those residential comm.unities.
(d) Based on personal experi-Mlce and personal observation it is estimated
that the total gross annual business done by these twenty-one beaches will be
le.as than five millions of dollars.
( 3)
PUBLICLY OWNED AND PUBLICLY OPERATED BATHING BEACHES LOCATED ON THE
WESTERN SHORE OF THE CHESAPEAKE BAY IN MARYLAND •
(a) The State of Maryland operates two very beautiful public bathing beaches
on the western shore of the Chesapeake Bay within easy access from Baltimore City,
Washington, D. C. , and the adjacent metropolitan areas; namely, Elk Ne ck State
Park and Beach, north of Baltimore City; and Sandy Point State Park and Beach,
south of Baltimore City (within Anne Arundel County). Both are within easy access
to both Baltimore and Washington by excellent roads. (Sandy Point State Park and
Beach ie located in Aime Arundel County and annually has more than 300,000 visitors.)
Baltimore City owns and operates a beautiful bathing beach, located in
Anne Arundel County, south of Baltimore, and within about 35 miles of Washington,
D.C.
Furthermore, according to newspaper reports, the Federal Governl119nt has
recently devised a beautiful waterfront property located in Anne Arundel County,
within 25 miles of Washington, D.C., and within about 36 miles of Baltimore City,
consisting of approximately 265 acres of land with more than a mile of waterfront.
This property could With little expense be converted into an additional waterfront
park and beach by the Federal Government for the use of all of the public.
1
�2
(b) It i s astimated that the total acreage and miles of waterfront available
to the pubii0 itl publicly owned beaches on the western shore of the Chesapeake Bay
in Maryiarld i s in excess of the total acreage and the total mil.ea of waterfront
ope~eted as private beaches in Maryland by private ownership.
( c} In no instance does it appear that the patronage of these publicly owned
operated beaches has reached anything near their maximum potential patronage,
and there is absolutely no present lack of sufficient bathing facilities available
t o the general public, in the immediate vicinity of Baltimore and Washington.
and
(d) In addition, the many miles of beach front on the Atlantic Ocean at
Ocean City, Maryland., are owned by Worcester County and are available to all persons.
Furthermore, the State of Maryland is presently acquiring an extensive
eXl,)anse of Asseateague Island for use as a public beach.
SUMMARY
BASED ON A NEED FOR ADDITIONAL BATHING BEACH FACILITIES, THE
PUBLIC NEEDS ARE MORE THAN ADEQUATELY PROVIDED FOR, AND THERE
IS NO JUSTIFICATION FOR REQUIRING THE PRIVATELY OWNED AND
PRIVATELY OPERATED BATHING BEACHES TO ACCEPI' UNDESIRED PATRONAGE.
( 4)
THE "FINDINGS" AS SET FORTH IN SEC. 2 of S. 1732 FAIL TO ESTABLISH ANY
VALID FACTS SUFFICIENT TO JUSTIFY THE INCWSION OF PRIVATELY OWNED AND
OPERATED BATHING BEACT-lES WITHIN THE CLASSIFICATION OF BUSINESSES TO "WHICH
THE PROVISIONS O.F S. 1732 ARE APPLICABLE.
AS INDICATED BY THE FOLLOWING
ANALYSIS OF THE ~;FINDINGS: 11
Sec. 2 (a) of the "Findings 0 sets forth no basis for such inclusion, as
bathing beaches are abundantly available to all persons in Maryland. at publicly
owned and operated bathing beaches, and in addition in at least three privately
owned and operated beaches, which three beaches are fully integrated.
Sec. 2 (b) of the "Findings" sets forth no valid basis for such inclusion
as none of the twenty-one privately owned and operated beaches, insofar as known,
offer overnight accommodations (all being within commuting distance of Washington
and Baltimore, and all catering to daily transient business only).
Sec. 2 (d) of the "Findings" sets forth no valid basis for such inclusion
as the movement of 0 goods, services and persons" applicable to the operation of
bathing beaches; with but minor exceptions, does not 11move in inter-state cmmnerce_;,11
and, strictly defined, bathing beaches are not places of amusement as used in
Sec. 2 (d) but rather are places of participating recreational activities," as
distinguished from. places of 11 amueement. 11
COMMENT
The 1'Findings 11 as stated in Sec. 2 (d) would appear
to be mere expressions of opinion - entirely unsupported
with any factual basis in support of such opinions.
Sec. 2(e) of the "Findings" would not appear to be applicable to bathing
beaches, generally speaking, as they would not appear to fall into the classification of "retail establishments" as used in this sub-section.
Sec. ~( f) of the "Findings" sets forth no basis for the inclusion of bathing
beaches in S. 1732, as these beaches are not located in any city. They have no
facilities for holding conventions, and generally speaking offer no acconnnodations
for overnight visitors.
Sec. 2( g) of the 11Findings" sets forth no basis for the inclusion of bathing
beaches in S. 1732, as in no instance are there any business organizations seeking
services in any area affected by the operation of these beaches.
All of these
beaches are located in remote rural areas where their presence contributes ext~na1vely to the local economy, and which economy would be seriously injured as a
r esult of these beaches being forced by law to accept all persona. This would
result in a certain lose of business and a resultant loss of employment opportunity by the residents of these rural beach areas.
Sec. 2(h) of the 11Findings" sets forth no applicable principal or basis for
the inclusi on of pr ivately operated beaches in the provisions of S. 1732.
�j
In the caee of these priva~ly operat@d beaches, no discriminatory practice is
"encouraged, fostered, or to;l.erated" in any degree by the Governmental authorit10s
of the State in which they are located, or by the "activities of their executive
or judicial officers.
COMMENT
As applied to the operation of privately owned and
operated bathing beaches in Maryland., Sec. 2 (h) is
a statement of opinion unsupported by any factual
evidence .
Sec. 2 ( i) of the "Findings. 11 The conclusions set forth in this sub-section
are not applicable to privately owned and privately operated bathing beaches in
Maryland, as these beaches n~ither "burden nor obstruct commerce, 11 and the use
of the commerce clause of the Federal Constitution for the purpose of imposing
integration on these privately owned and operated beaches is a perversion of the
Commerce Clause, for the purpose of effectuating a highly dubious purpose, concerning which purpose there are wide differences of opinion 8.Il.Q. which principal
is not generally accepted by large segments of the population.
It is not the proper function of government to l egislate for moral
purpose e .
Nor is it a proper function of government to deprive any ee gm.en t
of the people of their inherent right of the self determination of their
associations for the sole purpose of appeasing the demands of another segment
of the people in their desire to satisfy their social ambitions.
(5) DESPITE THE FACT THAT TEE 11FINDINGS 0 SET FORTH NOT A SINGLE VALID BASIS
FOR THE INCLUSION OF PRIVATELY OWNED AND OPERATED BATHING BEACHES IN THE
PROVISIONS OF S. l 732 , NEVERTHEIESS SEC . 3 OF THE ACT . IS SO BROADLY
DRAFTED THAT SOME, IF NOT ALL, OF THESE PRIVATELY OWNED AND OPERATED
BEACHES WOULD BE INCLUDED .
(a) The provisions of Sec. 3 (a) (3) (1) and Sec. 3 (a) (3) (ii) apparently
would be applicable to any privately owned and privately operated bathing beach
which fell within the stipulations of these two sections.
(1) Considering sub-section (11) of Sec. 3 (a) (3) first, the
language used in this sub-section which states that if a II substantial portion of
any goods held out to the public for sale, use, rent or hire, has moved in interstate commerce, makes it almost impossible for any bathing beach operator to
determine whether or not his operation comes within the purview of this Act.
There is not a beach operator alive who
that a "substantial0 portion of the goods, sold at hie
inter-state commerce, because there is no standard set
anyone in determining what constitutes a "substantial"
for sale, rent or hire.
could know for a certainty
beach, had not moved in
forth in the Act to guide
portion of goods held out
To determine what constitutes a "substantial" portion of goods in
any case will require a court determination.
It well may be that there will be
as many different decisions as to what does constitute a "substantial" portion
of goods as there are District Courts and Courts of Appeals in the United States.
It would appear that even the Supreme Court would be unable to lay
down a hard and fast rule as to what constituted a "substantial" portion of goods,
which rule could be applied to all cases.
The inclusion of the word "substantial" in the Act does not appear to be a
loose use of terminology, but rather it appears to be a careful and well-studied
use of this word, for the purpose of making the Act uncertain and unclear, with
the object in view to force the operators of em.all businesses into compliance
with this Act, because they would be unable to stand the expense and difficulties
involved in litigating the question.
THE RESULT BEING THAT THE INCLUSION OF THE WORD "SUBSTANTIAL" IN
THE ACT WITHOUT A .PRIOR DETERMINED STANDARD AS TO WHAT DOES OR DOES NOT CONSTITUTE
A "SUBSTANTIAL PORTION OF GOODS MAKES THIS ACT LEGISLATIVE DURESS - - THE
OPERATOR OF A PI.ACE OF BUSINESS MUST EITHER YIELD TO THE DICTATES OF THOSE
EMPOWERED TO INSTITUTE LEGAL PROCEEDINGS AGAINST HIM ON A CHARGE OF NON-COMPLIANCE
wrrH THE ACT, OR ELSE ENTAIL EXPENSIVE UTIGATION.
The same lack of clearness and uncertainty as to what is intended
manifests itself in the u.ee of the words "moved in interstate commerce" in the
same sub- section .
�4
There ia, of co~se, no difficulty in determining that if goods
are transported in inter-state COlllJnerce directly to the operator of any place of
business, then cl.early such goods have moved in inter-state commerce and are
covered by the Act.
But what about goods which movt3d in inter-state commerce ih the
normal course of trade, and have come to rest vrl.thin a state, and are in the hands
of a dealer in such goods for re-sale in intra-state commerce?
If the operator
of a privately-operated bathing beach were to purchase such goods f'rom a dealer
in intra-state commerce after such goods had previously been transported in interstate commerce, would the prior inter-state transportation imprint follow these
goods into the hands of the beach operator who had purchased them in intra-state
cOlllI!l.erce?
How could a beach operator who had purchased such goods be certain
under the language used in this Act that he would not or could not be charged with
offering "goods which had moved in interstate commerce and thereby be subjected
to litigation or threats of litigation for being in violation of the provisions
of this Act?
Unless the words "moved in interstate commerce" are clearly defined
and limited in the Act by proper standards, the use of such undefined words will
enable those authorized to institute litigation uder the Act to use the Act as a
form of legislative duress - to com:pell the operators of ..email businesses and
others who cannot afford the costs of expensive litigation to either yield to
the dictates of those empowered to institute litigation under the Act, or become
involved in expensive litigation which they may be unable to afford.
The inclusion of the words "substantial portion of goods" and the
use of the words "moved in inter-state commerce" as used in the Act, give those
empowered to institute enforcement li~tgation the powers of AUTOCRATIC DICTATORS.
Furthermore, the inclusion of these words with no limiting or defining standards in the Act permits the Act to be used by persons with ulterior
motives as a vehicle for LEGALIZED BIACKMAIL AGAINST THE OPERATORS'- OF PRIVATE
BUSINESS.
FOR THE CONGRESS TO PIACE SUCH AN UNRESTRAINED POWER TO INSTITUTE OR THREATEN
TO INSTITUTE ENFORCEMENT LITIGATION IN THE HANDS OF THE PUBLIC WOUI.D BE A
BETRAYAL OF THE AMERICAN PEOPLE.
(2) The provisions of Sec. 3 (3) (1) would appear to bring the operators of privately operated bathing beaches within the Act, if " goods, services,
facilities, privileges, or advantages or accommodations •....• are provided to a
substantial degree to interstate travelers. 11
The same uncertainty and requirements for a determination by the
courts, as previously discussed, would likewise face every operator of a private
bathing beach to determine what was, or what was not, a "substantial degree of
interstate travelers," as used in this sub-section, and the operators of private
bathing beaches would again be at the mercy of those empowered to institute
enforcement litigation, and would be subjected to duress and threats to instigate
enforcement litigation, with its resultant burden of heavy costs, or else surrender
and comply with the provisions of the Act.
As to the twenty-one private bathing beaches cited in (2) of this
Statement, the application of this particular provision of the Act would be
chaotic and unequal, as between the several private beaches, for the following
reasons:
( a) As to the beaches enumerated, which beaches are located to
the north of Baltimore City, it is probable that leas than 1 per cent of the
patronage of these beaches is from other than residents of Maryland.
{b) As to the private beaches which are located in Anne Arundel
County to the south of Baltimore and which beaches are not more than twenty
miles distant from Baltimore, a similar condition probably exists.
(c) As to the private beaches which are south of the Severn River
in Anne Arundel County, the proportion of out-of-state patrons may rise to as
much as 30 to 401,.
(d) As to the beaches which are located in Calvert County, the
percentage of non-Maryland. patrons may rise to as much as 60 or 701,.
The result being that out of the twenty-one beaches cited in this
Statement, possibly el.even would not have more than 1% of out-of-state patrons,
while the other 10 private beaches would possibly have from 30 to 7Cffo of out-ofatate 1&gt;atrons.
�5
Under this situation it is possible that eleven of these local
private beaches would not have to integrate and could continue to operate on a
segregated oasis, while the remaining ten beaches would have to be integrated,
under the Aot, merely because their particular locations were more accessible
to out-of-state visitors.
ANY SUCH RESULT WOULD BE UNFAIR AND INEQJITABIE.
THIS POSSlBILITY IN rrSELF IS SUFFICIENT TO JUSTIFY AND TO
REQUIRE THE EXCLUSION OF THESE PRIVATELY OPERATED BEACHES
FROM THE PROVISIONS OF S. 1732.
{6)
THE SAME IACK OF DEFINI'IENESS AND CLEARNESS AND LACK OF STANDARDS IS PRESENT
IN SEC. 3 (b) OF THE ACT (PAGES 6-7 OF THE ACT).
THIS SUB-SECTION PROVIDES
FOR THE EXCIDSION OF "BONA FIDE PRIVATE CLUBS OR OTHER ESTABLISHMENTS NOT
OPEN TO THE PUBLIC."
What is a bona fide club? Are so-called "Key Clubsrr bona fide clubs as used
in the Act? If in the operation of our private bathing beach we limit ad.mission
to persons who have applied for and have been given a "Guest Membership Card"
entitling them to admission, with non-holders of such cards being excluded, does
that constitute a bona fide club or other establishment not open to the public?
Under our present operation, we have a sign at our entrance which reads that no
invitation is extended either expressly or impliedly to visit our beach, and
that admission is by invitation of the management only. Is this type of operation
covered by the exclusion as to "other establishments not open to the public" as
used in the Act?
The answer to these questions does not appear in the language of the Act itself. How are we and other beach operators to determine whether our operations
qualify for exclusion under this sub-section?
What standards are set forth in the Act to guide us in our determination of
these questions?
What standards are set forth in the Act to enable the courts to determine
what are bona fide clubs and what are other establishments not open to the public?
Under these conditions we, as beach operators, will be at the mercy of persons empowered to instigate enforcement litigation.
We would have to either submit to their dictates and abandon our right to
operate under what we construe to be the law, or else be subjected to expensive
litigation.
This makes it possible for those empowered to instigate enforcement litigation to exercise duress upon the operators of these private beaches in an effort
to compel them to integrate their properties.
(7)
JUSTIFICATION OF THE RIGHT OF THE PRIVATELY OWNED AND PRIVATELY OPERATED
BEACHES TO OPERATE ON A SEGREGATED BASIS.
(a) The "Findings 11 as set forth in Sec. 2 of the Act set forth no factual
basis for including privately owned and operated bathing beaches under the provisions of the Act.
(b) There is no lack of available publicly owned and
beaches in the Maryland area, and persons who for personal
to patronize these public beaches should not be denied the
to them for their patronage, privately owned and privately
patronage ia compatible to those persons who do not desire
publicly operated
reasons may not desire
right to have available
operated beaches, whose
integrated bathing.
(c) Privately operated beaches should not be denied the right to offer
segregated services for the use of such persons.
continued on page6
�6
ANALOGY
The operation of these privately owned and operated bathing
beaches falls into the same category as does the operation of private schools.
The State operates public schools, paid for by the taxpayers,
for the use of all persons.
Persons who for personal reasons do not desire their children to
attend public schools should not be denied the right to send their children to
private schools whose enrollment may be segregated, and such private schools
should not be prohibited by law from operating.
Likewise, the State of Maryland, the City ~f Baltimore, and
certain counties operate public bathing beaches, paid for and maintained by
the taxpayers.
Persons who do not desire to bathe with the persons who patronize
these public beaches should not be denied by law from having available to them
private beaches, whose patrons are compatible to their customary assoc~ations.
The Federal Government has available waterfront property in
Anne Arundel County for use as a federally operated public bathing beach.
( 8)
POSSIBLY THE MOST REPUGNANT AND UN -AMERTCA!IJ PROVISIONS OF THIS ENTIRE ACT
ARE THE PROVISIONS OF SEC. 5 (PAGES 7, 8, 9 OF THE ACT) , WHICH SECTION
EMPOWERS PRIVATE CITIZENS TO INSTIGATE ENFORCEMENT OF THE ACT.
This opens the door to harassment and worse by vindictive persona
and also opens the door to extortion through threats of instigating unfounded
enforcement litigation, and creates by law, as previously stated, a vehicle
which could be used by unscrupulous persons as the basis for Legalized Blackmail.
It is suggested that Sec. 5 be stricken from the Act in its
entirety, and that in lieu thereof, that criminal penalties be written into the
Act, to be enforced by the Attorney General.
The additional effect of striking from the Act the present provisions relating to so-called Civil Action for Preventive Relief, and substituting therefor criminal penalties, is that with criminal penalties inserted in
the Act, the language of the Act will have to be clear and ~efinite so as to
meet the Constitutional requirements relating to criminal laws.
�7
SUGGESTED AMENDMENTS TO S. 1732
Suggested Amendment No. 1:
Aft er the end of line 3 on page 7 of the Act, insert a new sub-section
to r ead as f ollows.:
(c)
The provisions of this Act shall not apply to a privately owned
and privately operated bathing beach nor to any facility contained
within the boundaries of any auch privately owned and privately
operated bathing beach, which beach is located within any State,
or in any County of any State, in which State or County the State,
County, any Municipal Corporation, the Government of the United
States or any Department or Agency thereof, or any other public
authority maintains, operates or makes available to the general
public without discrimination as to race, color or creed, the
facilities, services, privileges, advantages or accommodations
of such publicly operated or publicly o:wned bathing beach.
Suggested Amendment No. 2:
In pages 7-8-9 of the Act strike out all of Section 5 and insert in
lieu thereof criminal penaltie s.
Suggested Amendment No . 3:
On page 9 of the Act a.mend Section 6 by eliminating all reference to
i nstitution of remedies by other than the Attorney General of the
United States.
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              <text>STATEMENT OF
EDGAR S. KALB of MAYO, MARYLAND
BEFORE THE COMMITTEE ON COMMERCE OF THE UNITED STATES SENATE
IN RE; S. 1732 - The “Interstate Public Accommodations Act"
88th Congress - Ist Session

(1) SCOPE OF STATEMENT

(a) The scope and purpose of this statement is to present to the Committee
evidence to show that the provisions of S. 1732 should not be made applicable to
the operation of privately owned and privately operated bathing beaches, which
beaches are located in states in which the State, Federal Government, or any
County or Municipal Corporation, or other public tax-supported body, operates
or maintains any beach or beaches, which are open to the use of all persons.

(b) To propose to the Committee certain amendments to S. 1732 to effectuate
such exclusion, and to suggest certain amendments designed to eliminate certain
injustices from the Act.

 

(2) DESCRIPTION OF THE TYPES OF BEACHES FOR WHICH EXCLUSION FROM THE ACT
(S._1732) Is REQUESTED.

(a) Examples of the types of beaches for which exemption from S. 1732 is
requested are the approximately twenty-one privately owned and privately operated
bathing beaches which are located on the western shore of the Chesapeake Bay and
its tributaries in Maryland,

Of these twenty-one beaches, fourteen are located in Anne Arundel County,
south of Baltimore; four are located in Baltimore County, north of Baltimore City;
and three are located in Calvert County, within approximately 25 to 35 miles of the
District of Columbie. Approximately three of these privately owned beaches are
fully “integrated.”

(b) Generally speaking, these twenty-one beaches, with a few exceptions,
are "family owned and operated," and have been so owned and operated for several
generations.

(c) Most of these small bathing beaches are located adjacent to small resi-
dential communities, and in a certain sense are practically part of these resi-
dential communities.

(a) Based on personal experience and personal observation it is estimated
that the total gross annual business done by these twenty-one beaches will be
less than five millions of dollars.

 

(3) PUBLICLY OWNED AND PUBLICLY OPERATED BATHING BEACHES LOCATED ON THE
WESTERN SHORE OF THE CHESAPEAKE BAY IN MARYLAND.

(a) The State of Maryland operates two very beautiful public bathing beaches
on the western shore of the Chesapeake Bay within easy access from Baltimore City,
Washington, D.C., and the adjacent metropolitan areas; namely, Elk Neck State
Park and Beach, north of Baltimore City; and Sandy Point State Park and Beach,
south of Baltimore City (within Anne Arundel County). Both are within easy access
to both Baltimore and Washington by excellent roads. (Sandy Point State Park and
Beach is located in Anne Arundel County and annually has more than 300,000 visitors.)

Baltimore City owns and operates a beautiful bathing beach, located in
Anne Arundel County, south of Baltimore, and within about 35 miles of Washington,
D.C.

Furthermore, according to newspaper reports, the Federal Government has
recently devised a beautiful waterfront property located in Anne Arundel County,
within 25 miles of Washington, D.C., and within about 36 miles of Baltimore City,
consisting of approximately 265 acres of lend with more than a mile of waterfront.
This property could with little expense te converted into an additional waterfront
park and beach by the Federal Government for the use of all of the public.
 

2

(bd) Tt is edtimated that the total acreage and miles of waterfront available
to the public in publicly owned beaches on the western shore of the Chesapeake Bay
in Maryland i8 in excess of the total acreage and the total miles of waterfront
operated a8 private beaches in Maryland by private ownership.

(c) In no instance does it appear that the patronage of these publicly owned
and operated beaches has reached anything near their maximum potential patronage,
and there is absolutely no present lack of sufficient bathing facilities available
to the general public, in the immediate vicinity of Baltimore and Washington.

(a) In addition, the many miles of beach front on the Atlantic Ocean at
Ocean City, Maryland, are owned by Worcester County and are available to all persons.

Furthermore, the State of Maryland is presently acquiring an extensive
expanse of Asseateague Island for use as &amp; public beach.

SUMMARY

BASED ON A NEED FOR ADDITIONAL BATHING BEACH FACILITIES, THE
PUBLIC NEEDS ARE MORE THAN ADEQUATELY PROVIDED FOR, AND THERE

IS NO JUSTIFICATION FOR REQUIRING THE PRIVATELY OWNED AND
PRIVATELY OPERATED BATHING BEACHES TO ACCEPT UNDESIRED PATRONAGE.

~

 

(4) THE "FINDINGS" AS SET FORTH IN SEC. 2 of S. 1732 FAIL TO ESTABLISH ANY
VALID FACTS SUFFICIENT TO JUSTIFY THE INCLUSION OF PRIVATELY OWNED AND
OPERATED BATHING BEACHES WITHIN THE CLASSIFICATION OF BUSINESSES TO WHICH
THE PROVISIONS OF S. 1732 ARE APPLICABLE. AS INDICATED BY THE FOLLOWING
ANALYSIS OF THE "iVINDINGS;:"

Sec. 2 (a) of the "Findings" sets forth no basis for such inclusion, as
bathing beaches are abundantly available to all persons in Maryland at publicly
owned and operated bathing beaches, and in addition in at least three privately
owned and operated beaches, which three beaches are fully integrated.

Sec. 2 (b) of the “Findings” sets forth no valid basis for such inclusion
as none of the twenty-one privately owned and operated beaches, insofar as known,
offer overnight accommodations (all being within commuting distance of Washington
and Baltimore, and all catering to daily transient business only).

Sec. 2 (4) of the "Findings" sets forth no valid basis for such inclusion
as the movement of “goods, services and persons" applicable to the operation of
bathing beaches, with but minor exceptions, does not “move in inter-state commerce;!"
and, strictly defined, bathing beaches are not places of amusement as used in
Sec. 2 (d) but rather are “places of participating recreational activities," as
distinguished from places of “amsement."

COMMENT

The "Findings" as stated in Sec. 2 (d) would appear
to be mere expressions of opinion - entirely unsupported
with any factual basis in support of such opinions.

Sec. 2(e) of the "Findings" would not appear to be applicable to bathing
beaches, generally speaking, as they would not appear to fall into the classifi-
cation of "retail establishments" as used in this sub-section.

Sec. 2(f) of the “Findings” sets forth no basis for the inclusion of bathing
beaches in S. 1732, as these beaches are not located in any city. They have no
facilities for holding conventions, and generally speaking offer no accommodations
for overnight visitors.

Sec. 2(g) of the "Findings" sets forth no basis for the inclusion of bathing
beaches in S. 1732, as in no instance are there any business organizations seeking
services in any area affected by the operation of these beaches. All of these
peaches are located in remote rural areas where their presence contributes exten-
sively to the local economy, and which economy would be seriously injured as 4
result of these beaches being forced by law to accept all persons. This would
result in a certain loss of business and a resultant loss of employment oppor-
tunity by the residents of these rural beach areas.

Sec. 2(h) of the "Findings" sets forth no applicable principal or basis for
the inclusion of privately operated beaches in the provisions of S. 1732.
 

3

In the case of these privately operated beaches, no discriminatory practice is
"encouraged, fostered, or tolerated" in any degree by the Governmental authorities
of the State in which they are located, or by the "activities of their executive
or judicial officers."

COMMENT

As applied to the operation of privately owned and
operated bathing beaches in Maryland, Sec. 2 (h) is
&amp; statement of opinion unsupported by any factual
evidence.

Sec. 2 (1) of the “Findings.” The conclusions set forth in this sub-section
are not applicable to privately owned and privately operated bathing beaches in
Maryland, as these beaches neither “burden nor obstruct commerce," and the use
of the commerce clause of the Federal Constitution for the purpose of imposing
integration on these privately owned and operated beaches is a perversion of the
Commerce Clause, for the purpose of effectuating a highly dubious purpose, con-
cerning which purpose there are wide differences of opinion and which principal
is not generally accepted by large segments of the population.

It is not the proper function of government to legislate for moral
purposes. Nor is it a proper function of government to deprive any segment
of the people of their inherent right of the self determination of their
associations for the sole purpose of appeasing the demands of another segment
of the people in their desire to satisfy their social ambitions.

 

(5) DESPITE THE FACT THAT THE "FINDINGS" SET FORTH NOT A SINGLE VALID BASIS
FOR THE INCLUSION OF PRIVATELY OWNED AND OPERATED BATHING BEACHES IN THE
PROVISIONS OF S. 1732, NEVERTHEINSS SEC. 3 OF THe ACT IS SO BROADLY
DRAFTED THAT SOME, IF NOT ALL, OF THESE PRIVATELY OWNED AND OPERATED
BEACHES WOULD BE INCLUDED.

(a) The provisions of Sec. 3 (a) (3) (i) and Sec. 3 (a) (3) (11) apparently
would be applicable to any privately owned and privately operated bathing beach
which fell within the stipulations of these two sections.

(1) Considering sub-section (ii) of Sec. 3 (a) (3) first, the
language used in this sub-section which states that if a “substantial portion of
any goods held out to the public for sale, use, rent or hire, has moved in inter-
state commerce,“ makes it almost impossible for any bathing beach operator to
determine whether or not his operation comes within the purview of this Act.

There is not a beach operator alive who could kmow for a certainty
that a “substantial” portion of the goods, sold at his beach, had not moved in
inter-state commerce, because there is no standard set forth in the Act to guide
anyone in determining what constitutes a "substantial" portion of goods held out
for sale, rent or hire.

To determine what constitutes a “substantial” portion of goods in
any case will require a court determination. It well may be that there will be
as many different decisions as to what does constitute a "substantial" portion
of goods as there are District Courts and Courts of Appeals in the United States.

It would appear that even the Supreme Court would be unable to lay
down a hard and fast rule as to what constituted a “substantial” portion of goods,
which rule could be applied to all cases.

The inclusion of the word “substantial” in the Act does not appear to be 4

loose use of terminology, but rather it appears to be a careful and well-studied
use of this word, for the purpose of making the Act uncertain and unclear, with
the object in view to force the operators of small businesses into compliance
with this Act, because they would be unable to stand the expense and difficulties
involved in litigating the question.

THE RESULT BEING THAT THE INCLUSION OF THE WORD "SUBSTANTIAL" IN
THE ACT WITHOUT A PRIOR DETERMINED STANDARD AS TO WHAT DOES OR DOES NOT CONSTITUTE
A “SUBSTANTIAL” PORTION OF GOODS MAKES THIS ACT LEGISLATIVE DURESS - - THE
OPERATOR OF A PLACE OF BUSINESS MUST BITHER YIELD TO THE DICTATES OF THOSE
EMPOWERED TO INSTITUTE LEGAL PROCEEDINGS AGAINST HIM ON A CHARGE OF NON-COMPLIANCE
WITH THE ACT, OR ELSE ENTAIL EXPENSIVE LITIGATION.

The same lack of clearness and uncertainty as to what is intended
manifests itself in the use of the words "moved in interstate commerce” in the
same sub-section.
 

 

\

There is, of course, no difficulty in determining that if goods
are transported in inter-state commerce directly to the operator of any place of
business, then clearly such goods have moved in inter-state commerce and are
covered by the Act.

But what about goods which moved in inter-state commerce in the
normal course of trade, and have come to rest within a state, and are in the hands
of a dealer in such goods for re-sale in intra-state commerce? If the operator
of a privately-operated bathing beach were to purchase such goods from a dealer
in intra-state commerce after such goods had previously been transported in inter-
state commerce, would the prior inter-state transportation imprint follow these
goods into the hands of the beach operator who had purchased them in intra-state
commerce 7 How could a beach operator who had purchased such goods be certain
under the language used in this Act that he would not or could not be charged with
offering “goods which had moved in interstate commerce” and thereby be subjected

to litigation or threats of litigation for being in violation of the provisions
of this Act?

Unless the words "moved in interstate commerce" are clearly defined
and limited in the Act by proper standards, the use of such undefined words will
enable those authorized to institute litigation uder the Act to use the Act as a
form of legislative duress - to compell the operators of -small businesses and
others who cannot afford the costs of expensive litigation to either yield to
the dictates of those empowered to institute litigation under the Act, or become
involved in expensive litigation which they may be unable to afford.

The inclusion of the words “substantial portion of goods” and the
use of the words "moved in inter-state commerce" as used in the Act, give those
empowered to institute enforcement litigation the powers of AUTOCRATIC DICTATORS.

Furthermore, the inclusion of these words with no limiting or de-
fining standards in the Act permits the Act to be used by persons with ulterior
motives as a vehicle for LEGALIZED BLACKMAIL AGAINST THE OPERATORS‘OF PRIVATE
BUSINESS.

FOR THE CONGRESS TO PLACE SUCH AN UNRESTRAINED POWER TO INSTITUTE OR THREATEN
TO INSTITUTE ENFORCEMENT LITIGATION IN THE HANDS OF THE PUBLIC WOULD BE A
BETRAYAL OF THE AMERICAN PEOPLE.

(2) The provisions of Sec. 3 (3) (i) would appear to bring the opera-
tors of privately operated bathing beaches within the Act, if “goods, services,
facilities, privileges, or advantages or accommodations......are provided to 4
substantial degree to interstate travelers."

The same uncertainty and requirements for a determination by the
courts, as previously discussed, would likewise face every operator of a private
bathing beach to determine what was, or what was not, a “substantial degree of
interstate travelers," as used in this sub-section, and the operators of private
bathing beaches would again be at the mercy of those empowered to institute
enforcement litigation, and would be subjected to duress and threats to instigate
enforcement litigation, with its resultant burden of heavy costs, or else surrender
and comply with the provisions of the Act.

As to the twenty-one private bathing beaches cited in (2) of this
Statement, the application of this particular provision of the Act would be
chaotic and unequal, as between the several private beaches, for the following
reasons:

(a) As to the beaches enumerated, which beaches are located to
the north of Baltimore City, it is probable that less than 1 per cent of the
patronage of these beaches is from other than residents of Maryland.

(b) As to the private beaches which are located in Anne Arundel
County to the south of Baltimore and which beaches are not more than twenty
miles distant from Baltimore, a similar condition probably exists.

(c) As to the private beaches which are south of the Severn River
in Anne Arundel County, the proportion of out-of-state patrons may rise to as
mich as 30 to 40%.

(4) As to the beaches which are located in Calvert County, the
percentage of non-Maryland patrons may rise to as much as 60 or 70%.

The result being that out of the twenty-one beaches cited in this
Statement, possibly eleven would not have more than 1% of out-of-state patrons,
while the other 10 private beaches would possibly have from 30 to 70% of out-of-
state patrons.
Under this situation it is possible that eleven of these local
private. beaches would not have to integrate and could continue to operate on a
segregated basis, while the remaining ten beaches would have to be integrated,
under the Act, mere ly because their particular locations were more accessible
to out-of-state visitors.

ANY SUCH RESULT WOULD BE UNFAIR AND INEQUITABIE.
THIS POSSIBILITY IN ITSELF IS SUFFICIENT TO JUSTIFY AND TO

REQUIRE THE EXCLUSION OF THESE PRIVATELY OPERATED BEACHES
FROM THE PROVISIONS OF S. 1732.

 

(6) THE SAME LACK OF DEFINITENESS AND CLEARNESS AND LACK OF STANDARDS IS PRESENT
IN SEC. 3 (b) OF THE ACT (PAGES 6-7 OF THE ACT). THIS SUB-SECTION PROVIDES
FOR THE EXCLUSION OF "BONA FIDE PRIVATE CLUBS OR OTHER ESTABLISHMENTS NOT
OPEN TO THE PUBLIC." SS

_

What is a bona fide club? Are so-called “Key Clubs" bona fide clubs as used
in the Act? If in the operation of our private bathing beach we limit admission
to persons who have applied for and have been given a "Guest Membership Card"
entitling them to admission, with non-holders of such cards being excluded, does
that constitute a bona fide club or other establishment not open to the public?
Under our present operation, we have a sign at our entrance which reads that no
invitation is extended either expressly or impliedly to visit our beach, and
that admission is by invitation of the management only. Is this type of operation
covered by the exclusion as to "other establishments not open to the public” as
used in the Act?

The answer to these questions does not appear in the language of the Act it-
self. How are we and other beach operators to determine whether our operations
qualify for exclusion under this sub-section?

What standards are set forth in the Act to guide us in our determination of
these questions?

What standards are set forth in the Act to enable the courts to determine
what are bona fide clubs and what are other establishments not open to the public?

Under these conditions we, as beach operators, will be at the mercy of per-
sons empowered to instigate enforcement litigation.

We would have to either submit to their dictates and abandon our right to
operate under what we construe to be the law, or else be subjected to expensive
litigation.

This makes it possible for those empowered to instigate enforcement litiga-
tion to exercise duress upon the operators of these private beaches in an effort
to compel them to integrate their properties.

 

(7) JUSTIFICATION OF THE RIGHT OF THE PRIVATELY OWNED AND PRIVATELY OPERATED
BEACHES TO OPERATE ON A SEGREGATED BASIS.

(a) The "Findings" as set forth in Sec. 2 of the Act set forth no factual
basis for including privately owned and operated bathing beaches under the pro-
visions of the Act.

(») There is no lack of available publicly owned and publicly operated
beaches in the Maryland area, and persons who for personal reasons may not desire
to patronize these public beaches should not be denied the right to have available
to them for their patronage, privately owned and privately operated beaches, whose
patronage is compatible to those persons who do not desire integrated bathing.

(c) Privately operated beaches should not be denied the right to offer
segregated services for the use of such persons.

continued on page6

 
 

ANALOGY

The operation of these privately owned and operated bathing
beaches falls into the same category as does the operation of private schools.

The State operates public schools, paid for by the taxpayers,
for the use of all persons.

Persons who for personal reasons do not desire their children to
attend public schools should not be denied the right to send their children to
private schools whose enrollment may be segregated, and such private schools
should not be prohibited by law from operating.

Likewise, the State of Maryland, the City of Baltimore, and
certain counties operate public bathing beaches, paid for and maintained by
the taxpayers.

Persons who do not desire to bathe with the persons who patronize
these public beaches should not be denied by law from having available to them
private beaches, whose patrons are compatible to their customary associations.

The Federal Government has available waterfront property in
Anne Arundel County for use as a federally operated public bathing beach.

 

(8) POSSIBLY THE MOST REPUGNANT AND UN-AMERICAN PROVISIONS OF THIS ENTIRE ACT
ARE THE PROVISIONS OF SEC. 5 (PAGES 7, 8, 9 OF THE ACT), WHICH SECTION
EMPOWERS PRIVATE CITIZENS TO INSTIGATE ENFORCEMENT OF THE ACT.

 

This opens the door to harassment and worse by vindictive persons
and also opens the door to extortion through threats of instigating unfounded
enforcement litigation, and creates by law, as previously stated, a vehicle
which could be used by unscrupulous persons as the basis for Legalized Blackmail.

It is suggested that Sec. 5 be stricken from the Act in its
entirety, and that in lieu thereof, that criminal penalties be written into the
Act, to be enforced by the Attorney General.

The additional effect of striking from the Act the present pro-
visions relating to so-called Civil Action for Preventive Relief, and substi-
tuting therefor criminal penalties, is that with criminal penalties inserted in
the Act, the language of the Act will have to be clear and ¢definite so as to
meet the Constitutional requirements relating to criminal lews.

 
 

SUGGESTED AMENDMENTS TO S. 1732

 

Suggested Amendment No. 1:

After the end of line 3 on page 7 of the Act, insert a new sub-section

to read as follows:

(c)

The provisions of this Act shall not apply to a privately owned
and privately operated bathing beach nor to any facility contained
within the boundaries of any such privately owned and privately
operated bathing beach, which beach is located within any State,
or in any County of any State, in which State or County the State,
County, any Municipal Corporation, the Government of the United
States or any Department or Agency thereof, or any other public
authority maintains, operates or makes available to the general
public without discrimination as to race, color or creed, the
facilities, services, privileges, advantages or accommodations

of such publicly operated or publicly owned bathing beach.

Suggested Amendment No. 2:

In pages 7-8-9 of the Act strike out all of Section 5 and insert in

lieu thereof criminal penalties,

Suggested Amendment No. 3;

On page 9 of the Act amend Section 6 by eliminating all reference to

institution of remedies by other than the Attorney General of the

United States.

 
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                  <elementText elementTextId="36072">
                    <text>STATEMENT OF C. MAURICE WEIDEMEYER FOR THE U. S. SENATE COMMITTEE
ON COMMERCE
TUESDAY, JULY 16, 1963
Mr. Chairman and Members of the Committee:
My name i s C. Maurice Weidemeyer. I am a lawyer of Annapolis, Maryland,
a member of the Maryland House of Delegates from Anne Arundel County.
I wish to state that I am unalterably opposed to the passage of Senate Bill
1732, and I am also opposed to passage of any public accommodations law whether
by County, Municipality, State or Federal Government. The so-called public accommodations laws do not accommodate the public generally. They accommodate
only a small minority of the public. The vast majority of the public, in my opinion,
have their own desires and their own likes and dislikes and wish to choose their
associates, 1. e. , the persons with whom they socialize and the persons with whom
they wish to associate in the conducting of bu~ines.s.
In my opinion, it has always been an inherent, basic, and fundamental right
of all free men in a free society to associate themselves, socially and commercially
with persons of their own choosing.
It has often been said by proponents of measures like this that public ac-
commodations bills are bills to guarantee freedom. I think that the approach is
wrong. They should be called freedom depriving bills. The bills give an unwarrante&lt;;i
freedom to a small minority while denying to the vast majority of our citizens and
business men a very basic freedom, namely, that of associating and doing business
with persons of his own choosing. The argument that because a State or Government
authority has licensed a person to do business, that they should be able to regulate
every facet of his thin.king and conduct is something foreign to the American system
of government and cannot help but lead to eventual socialism, dictatorship, and
complete control by the government of every act, thought and deed of every individual
citizen. The privileges and accommodations which the proponents of this measure
contend are denied to negro citizens are not d enied to them at all , b ecause they
have the same opportunity go into business and to conduct a hotel or restaurant
or other types of businesses, just as much as any other citizens who have previously done so.
�- 2-
I have said many times , and I say it to you sincerely, that if the NAACP, the
CORE and the other ultra liberal organizations, who are daily harassing and pestering
the American people , would spend their money and effort on promoting the welfare of
the colored ra c e by a s sisting them into getting into business where they could cater
to their own peopl e , they would be accomplishing something. For years, the NAACP
and CORE and ot hers have been collecting $1. 00 and $2. 00 dues from people all
over the United States and spending the money principally in agitation of the white
race whi ch neither gained respect nor promoted the negro economically. I would
s uggest to them that if they wanted to organize a hotel corporation or any other
bus iness corporat ion, and if they could not sell stock at $25.00 or $100 a share,
tha t t hey sell more shares at $1. 00 or $2. 00 per share and spend their money to
'
b etter use than by giving it t o the NAACP and CORE and other organizations.
The idea that people are helping themselves and promoting themselves by demanding that others furnish them and give them that which they could obtain for
themselves i s a false idea of promotion of that individual. Rights and privileges of
associ ation are obtained only through accomplishment and mutual respect.
Certai nly, nothing is furthered or improved by an insistent demand that people
be t aken in and accepted under circumstances where they have not as yet earned
that respect, and no law, whether of the Federal, State, County or Municipal government , attempting to force association of people, can be successful under such
forced conditions.
Certainly someone and some group in the process are bound to
wind up with receiving more contempt and ill feeling than with respect.
I di sagree also with those persons who would attempt to portray the present
disturbances in t his country as spontaneous outbreaks. I cannot be lead to believe
that t he colored people of Carrbridge would conduct themselves in the vicious manner
in whi ch they have, if they had not been engineered, guided and inspired and
finan ced by outsi de influences and capital.
It would seem to me that it would be the
wi ser thing for this Committee to consider the travelling in inter-state commerce of
persons like Martin Luther King and others whose sole purpose in going from state
to state i s t o cr eate dissens ion, confusion and unrest, and deliberately going in
are as where the col ored people have been very well satisfied and whipping them up
i nt o a fervid heat of passion and hate for t he white race.
�-3-
I say to this Committee, quite sincerely, that if the purpose of this Committee
is to promote the welfare of the colored race, that it is going about it in the wrong
way. Certainly, the attempt to promote the negro race of less than twenty million
people in the United States against the will and wishes of the majority of the remaining 160 million cannot do anything more than swell in the breasts of the vast majority of the American people a deep feeling of resentment and contempt and it is obvious upon reflection that such a condition in this United States has not improved
race relations.
It has often and falsely, I think, been said that it is necessary that we pass
public accommodations laws in_ the United States so as to impress foreign nations,
and naturally the question arises to me: what nations are we trying to impress? Are
they the nations that we have been continually financing and do we have to ruin our
whole civilization and our mode of living in order to try to create an impression? I
believe that a careful look at and a survey of many of the nations whom we think we
have to impress, would only serve to convince us of the utter futility of such an
attempt. Those nations, many of them, have century old customs, prejudices and
feelings which would never be changed even though the United States did a somersault and acrobated itself into ruination and oblivion.
There was a time when the Communist conspiracy talked in terms of worldwide
revolution. That attitude on the part of some Communist nations has now changed
to a policy of slowly degrading and d emoralizing the United States as one of the
main capitalist nations and with further attempts to harass and ruin us economically.
I believe, with other great and prominent men, that the Communist conspiracy to
wreck the United States is certainly being overjoyed at the almost fanatical attempts
being made by many organizations to ruin this great country and that the Communists
are well up in many of these movements of agitation for public accommodations.
As a Democrat, I sincerely regret the actions and statements of the President
and his brother, the Attorney General, because I realize that if they continue and
persi st in their course of conduct to promote the negro population without regard to
�- 4-
-the wishes of th e vast majority of white citizenry in this country, that neither have
they promoted the ms elves politically nor have they advanced the well being of the
United State s as a whol e .
It ma y well be t hat my remarks here today will go unheeded and that men in
high places cognizant of the voting power of certain groups, will continue in this
fa l se mov e until confronted at the polls by an overwrought voting populace, who
will be so angry and disturbed that many of the present day office polders will be
de feated at the polls. In conclusion, let me say that I hope that the United States
Senat e will not approve any public accommodations law and will not attempt to hamstring t he Ameri can businessmen and cram such a bill down the throats of the
American people. It would be l he wiser and safer thing to do to have the people of
the U . S. express themselves at the polls in matters of this nature.
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              <text> 

STATEMENT OF C, MAURICE WEIDEMEYER FOR THE U. S. SENATE COMMITTEE

ON COMMERCE TUESDAY, JULY 16, 1963

Mr. Chairman and Members of the Committee:

My name is C. Maurice Weidemeyer, I am a lawyer of Annapolis, Maryland,
a member of the Maryland House of Delegates from Anne Arundel County.

I wish to state that I am unalterably opposed to the passage of Senate Bill
1732, and I am also opposed to passage of any public accommodations law whether
by County, Municipality, State or Federal Government. The so-called public ac-
commodations laws do not accommodate the public generally, They accommodate
only a small minority of the public. The vast majority of the public, in my opinion,
have their own desires and their own likes and dislikes and wish to choose their
associates, i.e., the persons with whom they socialize and the persons with whom
they wish to associate in the conducting of business.

In my opinion, it has always been an inherent, basic, and fundamental right
of all free men in a free society to associate themselves, socially and commercially
with persons of their own choosing.

It has often been said by proponents of measures like this that public ac-
commodations bills are bills to guarantee freedom. I think that the approach is
wrong. They should be called freedom depriving bills. The bills give an unwarranted |
freedom to a small minority while denying to the vast majority of our citizens and
business men a very basic freedom, namely, that of associating and doing business
with persons of his own choosing. The argument that because a State or Government
authority has licensed a person to do business, that they should be able to regulate
every facet of his thinking and conduct is something foreign to the American system
of government and cannot help but lead to eventual socialism, dictatorship, and
complete control by the government of every act, thought and deed of every individual
citizen. The privileges and accommodations which the proponents of this measure
contend are denied to negro citizens are not denied to them at all, because they
have the same opportunity go into business and to conduct a hotel or restaurant
or other types of businesses, just as much as any other citizens who have pre-

viously done so.
 

I have said many times, and I say it to you sincerely, that if the NAACP, the
CORE and the other ultra liberal organizations, who are daily harassing and pestering
the American esenncii, would spend their money and effort on promoting the welfare of
the colored race by assisting them into getting into business where they could cater
to their own people, they would be accomplishing something. For years, the NAACP
and CORE and others have been collecting $1.00 and $2.00 dues from people all
over the United States and spending the money principally in agitation of the white
race which neither gained respect nor promoted the negro economically. I would
suggest to them that if they wanted to organize a hotel corporation or any other
business corporation, and if they could not sell stock at $25.00 or $100 a share,
that they sell more shares at $1.00 or $2.00 per share and spend their money to
better use than by giving it to the NAACP and CORE and other organizations.

The idea that people are helping themselves and promoting themselves by de-
manding that others furnish them and give them that which they could obtain for
themselves is a false idea of promotion of that individual. Rights and privileges of
association are obtained only through accomplishment and mutual respect.

Certainly, nothing is furthered or improved by an insistent demand that people
be taken in and accepted under circumstances where they have not as yet earned
that respect, and no law, whether of the Federal, State, County or Municipal govern-
ment, attempting to force association of people, can be successful under such
forced conditions. Certainly someone and some group in the process are bound to
wind up with receiving more contempt and ill feeling than with respect.

I disagree also with those persons who would attempt to portray the present
disturbances in this country as spontaneous outbreaks. I cannot be lead to believe
that the colored people of Cambridge would conduct themselves in the vicious manner
in which they have, if they had not been engineered, guided and inspired and
financed by outside influences and capital. It would seem to me that it would be the
wiser thing for this Committee to consider the travelling in inter-state commerce of
persons like Martin Luther King and others whose sole purpose in going from state
to state is to create dissension, confusion and unrest, and deliberately going in
areas where the colored people have been very well satisfied and whipping them up

into a fervid heat of passion and hate for the white race.
 

=ju

I say to this Committee, quite sincerely, that if the purpose of this Committee
is to promote the welfare of the colored race, that it is going about it in the wrong
way. Certainly, the attempt to promote the negro race of less than twenty million
people in the United States against the will and wishes of the majority of the remain-
ing 160 million cannot do anything more than swell in the breasts of the vast major-
ity of the American people a deep feeling of resentment and contempt and it is ob-
vious upon reflection that such a condition in this United States has not improved
race relations.

It has often and falsely, I think, been said that it is necessary that we pass
public accommodations laws in the United States so as to impress foreign nations,
and naturally the question arises to me: what nations are we trying to impress? Are
they the nations that we have been continually financing and do we have to ruin our
whole civilization and our mode of living in order to try to create an impression? I
believe that a careful look at and a survey of many of the nations whom we think we
have to impress, would only serve to convince us of the utter futility of such an
attempt. Those nations, many of them, have century old customs, prejudices and
feelings which would never be changed even though the United States did a somer-
sault and acrobated itself into ruination and oblivion.

There was a time when the Communist conspiracy talked in terms of worldwide
revolution. That attitude on the part of some Communist nations has now changed
to a policy of slowly degrading and demoralizing the United States as one of the
main capitalist nations and with further attempts to harass and ruin us economically.
I believe, with other great and prominent men, that the Communist conspiracy to
wreck the United States is certainly being overjoyed at the almost fanatical attempts
being made by many organizations to ruin this great country and that the Communists
are well up in many of these movements of agitation for public accommodations.

As a Democrat, I sincerely regret the actions and statements of the President
and his brother, the Attorney General, because I realize that if they continue and

persist in their course of conduct to promote the negro population without regard to
the wishes of the vast majority of white citizenry in this country, that neither have
they promoted themselves politically nor have they advanced the well being of the
United States as a whole.

It may well be that my remarks here today will go unheeded and that men in
high places cognizant of the voting power of certain groups, will continue in this
false move until confronted at the polls by an overwrought voting populace, who
will be so angry and disturbed that many of the present day office holders will be
defeated at the polls. In conclusion, let me say that I hope that the United States
Senate will not approve any public accommodations law and will not attempt to ham-
string the American businessmen and cram such a bill down the throats of the
American people. It would be the wiser and safer thing to do to have the people of

the U.S. express themselves at the polls in matters of this nature.
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                    <text>REFERENDUM COMMITTEE of MARYLAND
Easton, Maryland
Samuel
J.
Setta, Chairman
Mr. Chairman:
Members of the Committee:
I am Samuel J. Setta, a motel owner and operator on the Eastern Shore of Maryland and a
prime mover in the drive to place the Maryland Accomodations Law on the ballot in ' 64. I come
before you an adamant opponent of forced integration of businesses and I am sure I speak the sentiments of a majority of the people in America when I express myself.
First: I question the wording of the title to S. B. 1732: "A Bill to eliminate discrimination in
Public Accomodations affecting Interstate Commerce. " The word public as used in this title conveys
the idea that the objects of this legislation are owned and controlled by the public in the same manner
as public lands, public works, public funds , etc. The title should read: A bill to eliminate discrimination in privately owned accommodations catering to the public," or more appropriately: "A bill
to eliminat e privat e ent erprise. "
You are listening to a voice from the grass roots. Our voices haven't been too loud but don't
be deceived by noise being made by the neg:i;:os and do-gooders who are trying to force you to act on
this legislation. The ominous silence from the congregations who disapprove of their clergymen,
union members who don 't agree with their leaders, and citizens everywhere who have seen near
anarchy develop in this country will have the expression necessary to meet the occasion when the
voting begins in 1964.
I have oppos ed this Public Accommodations Law at every level of government for the last three
years because it is aimed a t businesse s which are strictly privately enterprise. . The fact that I
can open and clos e my doors at my pleasure certainly makes it private. Many businessmen, myself
included, earn a living and also make their homes with their businesses and their social life should
not be regimented any more than the private citizen who does not have a business.
Not one member of this committee or the senate would venture into a negro neighborhood alone
and neither would you permit your wive s to go alone; yet the legislation this committee is considering
would force business men and their wives to take these people into their businesses and homes.
We are not guilt y of anything more than catering to the wants of our customers. Everyone, except
the proponents of this law, knows that in any business the customer is the boss. If you gent lemen
shop anywhere you call the tune not the proprietor.
In my motel if my c ustomer s want T. V. , I provide T . V. If my customers want room phones
I provide room phone s. And if the y prefer a segregated motel I provide a segregated mot el.
Now if it were feasible to write thi s law to read that customers must s top discriminating and
continue to patronize business e s you might solve the economic aspects of this dilemmabut that would
be impos s ible. So, to get a t the buying public who are the discriminators and beyond the administration
is trying to get laws and penaltie s fastened on to the bu s inessman to force custome rs to integrate.
The proponents say that integration involves no loss of business . I never ceas e to be amazed
at how many brillant business analysts are among the proponents , none of whom have ever owned or
�_; 2 -
operated a restaurant or motel. It's equally amazing how great their enthusiasm is for a law that
doesn't touch them in the slightest degree.
Also; it's very easy for a family which is high in government to build homes on mountaintops
and exclusive areas , and enroll children in exclusive segregated schools to tell the peasants of the
country that they should integrat e every phase of their lives.
The attempt to· "keep up with the Joneses," to gain social rights at the expense of the civil
rights of private enterprise, if successful is certain to undermine one of the pillars upon which this
great country was built. The one big difference between communism and capitalism is private enterprise . The administration itself is admitting that this law will infringe on our civil rights when
they seek this law under the commerce clauses of the federal constitution, rather than the equal
rights fourteenth amendment.
The theory evolved by the Department of Justice is that because a business con_cern deals with
the public, it may be subject to complete regulation or possible extermination by the Federal Government . This alleged authority is derived from the claus e of the Constitution which gives Congres.s
the power to regulate interstate commerce, and Mr . Robert Kennedy cited various laws passed by
Congress in this field. Not a single one of these statutes, however, covers the selection of customers
of a business. They deal with employees , or the practices of the employer in his relations with his
own worker s, or the practices of business owners in relation to other businesses or in shipping goods
t o another state or other countries. Never in the history of the United States has the commerce clause
of the Cons titut ion been invoked to regulate the customer relationship of a business owner and indivi'
dual citizens .
No court has ever held that sleeping in a privately owned motel is a civil right. No court has
ever held that . munching a sandwich in a privately owned restaurant is a civil right. England rejecte d thi s ve ry law by a two to one vot e in 1962 and it was labeled unde mocratic and unworkable
by leading c le rgymen arrl civic leaders .
The dictator c ountries , oppressive as they are, don't even have this law on the books . What
v a lue i s ther e t o a business or a high position or profession without the rights to operate freely as
we have s ince this count r y was founded.
We a ll know of countri e s where people have all of these occupations in good m easure but they
don't have rights. The result is they burrow under the Berlin Wall. They swim canals. They crash
bar be d wire fences , they risk ' their lives daily to escape. This is a king s ize step in that direction.
Depr ive us of a r i ght now a nd next year anothe r and another and before you know it we will be in th e
s ame positi on .
This law i s definit e ly c la s s l egi s lati on . Under this law we may tur n a white m an away because
he is uncouth or unde s irable and he must leave , but if a negro is turned away for the same r easons
we may face charges of discrim ination. When you write the word co1or int o t his law, th e white cu stomer i s not equal before the law. When you force hotel s a nd m ot el s t o elim inate discriminat i on and
exc lude tou ris t homes and rooming hou ses who are in the same bus ines s of rent ing rooms , we a re not
e qual befor e the la w. Whe n you for ce res taurants to e liminate di s crimination and exclude s egregated
church suppers , dinners, a nd boar ding houses, which a re cate r ing to the s ame public a nd indeed are
strong competi tor s we a re not e qual be fore t he law.
The Att orney Gene r a l s t resses the immor a lity of discrimination but i gnores the fa ct that it i s
just as immoral to enact laws which will legi s late a man into bankruptcy or int o a bus iness r elationship which will make his life a daily ordeal. It s houl d be :0bvi ous by &lt;now tha t there are many people
who don 't want the negro s ocia lly. I have seen s t r ong men break up un der the strain of the dem on -
�- ·3 strations and harrassment sanctioned and abetted by this administration. Women in business have
become terrified at the prospect of facing unruly mobs with the knowledge that they are being encouraged by this administration. The responsibility for the violence in demonstrations by negros
can be laid squarely at the door of the White House. I have a very good cross section of citizens
from the North , South, East and West patironizing my motel and this issue is discussed daily so
that I may keep abreast of my customers' thinking and I say to you that this administration will pay
the price in the 64' election for its handling of this situation. This nation cannot afford the luxury
of a president who serves 10% of the people at the expense of the other 90%.
All businessmen have a different financial situation.
In my particular case my two immediate competitors are millionaires. My resources consist
of a $23, 000 mortgage and a going concern. Certainly they can approach this problem with a greater
degree of aplomb then I can.
I meet a mortgage payment every month, plus numerous other bills. What do you think the reaction of my banker would be if I came to him and said, "Mr. Banker, a couple of months ago Congress
passed a law which took the control of business policy out of my hands because the administration said
it was immoral and business has declined so that now instead of $245 for this months payment, I have
to give you 245 morals?" I'll tell you what his reaction would be. I would be slapped with a big fat
foreclosure. Is this economic growth?
I r efus e to gamble the welfare of my family and our pursuit of happiness on the busin ess: judge'
ment of an administration which is loaded with
theorists who have never operated a successful business
or met a payroll and have never balanced a budget.
The Attorney General has testified that at present white prostitutes, dope addicts , and moral
de gene rates could come into our mote ls a nd hotels but negro citizens in high pos itions could not. I
don't know what kind of places the Attorne y Gene ral fre quents, and I'm sure he ge ts his informat ion
firsthand because he hates hearsay, but this statement is an insult to every motel and hotel owner in
the country. Now then let's look at this law again. This law would reverse this contention and would
not only enable black pros titute s, dope addicts , and moral degenerates to come into our places but
als o a pe ople with a poor hygiene , high incidence of venereal disease and vandalis m, plus the e lem ent of forc e t o m ake u s accept the m bec a use he r e a ga in I ca n r e jec t the white pe rson but not the
black per son. Is this the Att or ney General' s idea of a n impr ovem ent? I hope I don't: hav e t o fa ce
many more like that one.
Gmtlem en, there' s a labor a ngle to this situation. Whe n a labor contract is negotia ted the r e i s
one claus e that is non - negotia ble: The r ight to s trike. When we a r e pa i d rental for a room, part of
that mone y is ove r he a d and part of it is wages . Since the custome r i s the boss, this law would' for ce
us to wor k without th e r ight t o s t r ike . The s e very la bor lea ders who a dvocate this law would v iolently r ebel if any att empt was made to eliminate their right to strike.
The administ ration says the negro is r e ject e d bec aus e of his c olor . This is wrong and com pl etely untrue. We don' t ca re if he is blue or pink or r e d. T he negro is r e jecte d beca use he i s a n ec on omic lia bility to our bus inesses. I hav e re je cte d ne groes who we r e pr a ctica lly white. I wo uld be
less than h onest or helpful if I didn't include the reasons why the negro is a lia bility , s ince the propenents won 't
The two races a re a bs olutely pr oven to be incompatible. The two races can coexist harmonious ly
but there will never be t r ue int e gration. No other minor ity in thi s country has a feeling of inferiority
bec ause the y live among th e ir own people. Why sh ould these p eople ? No one is t r ying to sprinkle
�- 4 -
the Chirtese, Indians, or Japanese among the whites so why this massive effort to integrate the negroes?
If the ·administration and the negro leaders and other proponents would take the time they are
spending on demonstrations and pressure tactics and point out to the negro people that law or no law,
acceptance will never come until they stop a disproportionate contribution to the high crime rate,
illegitimacy, production of slums, and making careers of unemployment compensation and welfare
programs.
The negro people will gain acceptance when they meet certain standards of morality and living
conditions. No law can accomplish this. This is the one objective the negro will have to work for and
earn himself. There is nothing wrong with individuals having to meet standards. It is done every day.
Churches demand standards, schools demand standards, you gentlemen in the Senate require standards
and whether we like it or not, all people have standards for their social equals to meet.
The thirty states that have had these laws are just as segregated as the twenty that don't. I predict now that attention has been focused on these laws there will be a rash of suits testing their constitutionality. When the Attorney General said Senator Lausche enforced such a law as Governor of Ohio,
he should have realized Senator Lausche was just tolerating it like the Kennedys tolerate the TaftHartley Act. These laws do not accomplish the goal of integration. Proof of this is the agitation and
demonstrations all over the country and the existence of harlems in every major city in the country.
These laws c ould subject the negroes to more humiliation than any voluntary agreement would.
All of us have had poorly prepared meals in restaurants when the owner was trying. What do you
think the result would be if he wasn't trying'.?
The people who favor this law are largely executive boards of church groups but not the congregations, executive committees of labor unions but not the rank and file, business executives but not
the employees. In short, gentlemen, a great number of generals but no soliders.
Today we are witnessing one of the strangest par~doxes of all time: churchmen with segregated
churches, labor leaders with segregated labor unions, news media with segregated work forces , and
politicians and civic leaders who lead completely segregated lives trying to force a segment of private
enterprise to integrate.
Christianity has not been able to integrate in.two thousand years and judaism for longer than that
and yet these very religious leaders expect Americans to do it in less thanJ:wo.hundred, and if we don't
shove it down our throats and gag us in the process, and all this on the false accusation that we are
discriminators .
You are bucking a law which was never enacte d by any legislature when you pass a law like this,
the law of nature. God himself was the greatest segregationist of all time as is evident when he placed
the caucasians in Europe , the black people in Africa, the yellow people in the Orient and so forth , and
if God didn 't see fit to mix people who are we to try it?
Christ himself ne ver lived an integrated life, and although he knew his life on earth would be a
model for a ll m anki'nd,. when he chose his close associates, they were a ll white. This doesn't mean
that he didn't love all hi s creatures but it does indicate that he didn't think we had to have a ll this
togetherness in order to go to heaven.
Gentlemen, we should give a lot of serious thought to these final remarks of mine and not try to
out do God in the make up of the wor ld.
Thar.J&lt;. you.
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              <text>REFERENDUM COMMITTEE of MARYLAND
Easton, Maryland

Samuel. J. Setta, Chairman

Mr. Chairman:
Members of the Committee:

I am Samuel J. Setta, a motel owner and operator on the Eastern Shore of Maryland and a
prime mover in the drive to place the Maryland Accomodations Law on the ballot in '64. I come
before you an adamant opponent of forced integration of businesses and I am sure I speak the sen-
timents of a majority of the people in America when I express myself.

First: I question the wording of the title to S. B. 1732: "A Bill to eliminate discrimination in
Public Accomodations affecting Interstate Commerce. "' The word public as used in this title conveys
the idea that the objects of this legislation are owned and controlled by the public in the same manner
as public lands, public works, public funds, etc. The title should read: A bill to eliminate discrimi-
nation in privately owned accommodations catering to the public, '"' or more appropriately: "A bill
to eliminate private enterprise. "

You are listening to a voice from the grass roots. Our voices haven't been too loud but don't
be deceived by noise being made by the negros and do-gooders who are trying to force you to act on
this legislation. The ominous silence from the congregations who disapprove of their clergymen,
union members who don't agree with their leaders, and citizens everywhere who have seen near
anarchy develop in this country will have the expression necessary to meet the occasion when the
voting begins in 1964.

I have opposed this Public Accommodations Law at every level of government for the last three
years because it is aimed at businesses which are strictly privately enterprise.. The fact that I
can open and close my doors at my pleasure certainly makes it private. Many businessmen, myself
included, earnaliving and also make their homes with their businesses and their social life should
not be regimented any more than the private citizen who does not have a business.

Not one member of this committee or the senate would venture into a negro neighborhood alone
and neither would you permit your wives to go alone; yet the legislation this committee is considering
would force businessmen and their wives to take these people into their businesses and homes.

We are not guilty of anything more than catering to the wants of our customers. Everyone, except
the proponents of this law, knows that in any business the customer is the boss. If you gentlemen
shop anywhere you call the tune not the proprietor.

In my motel if my customers want T. V., I provide T.V. If my customers want room phones
I provide room phones, And if they prefer a segregated motel I provide a segregated motel.

Now if it were feasible to write this law to read that customers must stop discriminating and
continue to patronize businesses you might solve the economic aspects of this dilemmabut that would
be impossible. So, to get at the buying public who are the discriminators and beyond the administration
is trying to get laws and penalties fastened on to the businessman to force customers to integrate.

The proponents say that integration involves no loss of business. I never cease to be amazed
at how many brillant business analysts are among the proponents, none of whom have ever owned or
=D |

operated a restaurant or motel. It's equally amazing how great their enthusiasm is for a law that
doesn't touch them in the slightest degree.

Also,’ it's very easy for a family which is high in government to build homes on mountaintops
and exclusive areas, and enroll children in exclusive segregated schools to tell the peasants of the
country that they should integrate every phase of their lives.

The attempt to "keep up with the Joneses," to gain social rights at the expense of the civil
rights of private enterprise, if successful is certain to undermine one of the pillars upon which this
great country was built. The one big difference between communism and capitalism is private en-
terprise. The administration itself is admitting that this law will infringe on our civil rights when
they seek this law under the commerce clauses of the federal constitution, rather than the equal
rights fourteenth amendment.

The theory evolved by the Department of Justice is that because a business concern deals with
the public, it may be subject to complete regulation or possible extermination by the Federal Gov-
ernment. This alleged authority is derived from the clause of the Constitution which gives Congress
the power tc regulate interstate commerce, and Mr. Robert Kennedy cited various laws passed by
Congress in this field. Not a single one of these statutes, however, covers the selection of customers
of a business. They deal with employees, or the practices of the employer in his relations with his
own workers, or the practices of business owners in relation to other businesses or in shipping goods
to another state or other countries. Never in the history of the United States has the commerce clause
of the Constitution been invoked to regulate the customer relationship of a business owner and indivi-
dual citizens.

No court has ever held that sleeping in a privately owned motel is a civil right. No court has
ever held that munching a sandwich in a privately owned restaurant is a civil right. England re-
jected this very law by a two to one vote in 1962 and it was labeled undemocratic and unworkable
by leading clergymen and civic leaders.

The dictator countries, oppressive as they are, don't even have this law on the books. What
value is there to a business or a high position or profession without the rights to operate freely as
we have since this country was founded.

We all know of countries where people have all of these occupations in good measure but they
don't have rights. The result is they burrow under the Berlin Wall. They swim canals. They crash
barbed wire fences, they risk ‘their lives daily to escape. This is a king size step in that direction.
Deprive us of a right now and next year another and another and before you know it we will be in the
Same position.

This law is definitely class legislation. Under this law we may turn a white man away because
he is uncouth or undesirable and he must leave, but if a negro is turned away for the same reasons
we may face charges of discrimination. When you write the word color into this law, the white cus-~-
tomer is not equal before the law. When you force hotels and motels to eliminate discrimination and
exclude tourist homes and rooming houses who are in the same business of renting rooms, we are not
equal before the law. When you force restaurants to eliminate discrimination and exclude segregated
church suppers, dinners, and boarding houses, which are catering to the same public and indeed are
strong competitors we are not equal before the law.

The Attorney General stresses the immorality of discrimination but ignores the fact that it is
just as immoral to enact laws which will legislate a man into bankruptcy or into a business relation-~
ship which will make his life a daily ordeal. It should be obvious by now that there are many people
who don't want the negro socially. I have seen strong men break up under the strain of the demon-
-§ =

strations and harrassment sanctioned and abetted by this administration. Women in business have
become terrified at the prospect of facing unruly mobs with the knowledge that they are being en-
couraged by this administration. The responsibility for the violence in demonstrations by negros
can be laid squarely at the door of the White House. I have a very good cross section of citizens
from the North, South, East and West patronizing my motel and this issue is discussed daily so
that I may keep abreast of my customers’ thinking and I say to you that this administration will pay
the price in the 64' election for its handling of this situation. This nation cannot afford the luxury
of a president who serves 10% of the people at the expense of the other 90%.

All businessmen have a different financial situation.

In my particular case my two immediate competitors are millionaires. My resources consist
of a $23, 000 mortgage and a going concern. Certainly they can approach this problem with a greater
degree of aplomb then I can.

I meet a mortgage payment every month, plus numerous other bills. What do you think the re-
action of my banker would be if I came to him and said, “Mr. Banker, a couple of months ago Congress
passed a law which took the control of business policy out of my hands because the administration said
it was immoral and business has declined so that now instead of $245 for this months payment, I have
to give you 245 morals?" I'll tell you what his reaction would be. I would be slapped with a big fat
foreclosure. Is this economic growth?

I refuse to gamble the welfare of my family and our pursuit of happiness on the business judge-
ment of an administration which is loaded with theorists who have never operated a successful business
or met a payroll and have never balanced a budget.

The Attorney General has testified that at present white prostitutes, dope addicts, and moral
degenerates could come into our motels and hotels but negro citizens in high positions could not. I
don't know what kind of places the Attorney General frequents, and I'm sure he gets his information
firsthand because he hates hearsay, but this statement is an insult to every motel and hotel owner in
the country. Now then let's look at this law again. This law would reverse this contention and would
not only enable black prostitutes, dope addicts, and moral degenerates to come into our places but
also a people with a poor hygiene, high incidence of venereal disease and vandalism, plus the ele-
ment of force to make us accept them because here again I can reject the white person but not the
black person, Is this the Attorney General's idea of an improvement? I hope I don't haveto face
many more like that one.

Gentlemen, there's a labor angle to this situation. When a labor contract is negotiated there is
one clause that is non-negotiable: The right to strike. When we are paid rental for a room, part of
that money is overhead and part of it is wages. Since the customer is the boss, this law would force
us to work without the right to strike. These very labor leaders who advocate this law would vio-
lently rebel if any attempt was made to eliminate their right to strike.

The administration says the negro is rejected because of his color. This is wrong and complete-
ly untrue. We don't care if he is blue or pink or red, The negro is rejected because he is an econ-
omic liability to our businesses, I have rejected negroes who were practically white. I would be
less than honest or helpful if I didn't include the reasons why the negro is a liability, since the pro~
penents won't

The two races are absolutely proven to be incompatible. The two races can coexist harmoniously
but there will never be true integration. No other minority in this country has a feeling of inferiority
because they live among their own people. Why should these people? No one is trying to sprinkle
sic
the Chinese, Indians, or Japanese among the whites so why this massive effort to integrate the negroes?

If the ‘administration and the negro leaders and other proponents would take the time they are
spending on demonstrations and pressure tactics and point out to the negro people that law or no law,
acceptance will never come until they stop a disproportionate contribution to the high crime rate,
illegitimacy, production of slums, and making careers of unemployment compensation and welfare
programs.

The negro people will gain acceptance when they meet certain standards of morality and living
conditions. No law can accomplish this. This is the one objective the negro will have to work for and
earn himself. There is nothing wrong with individuals having to meet standards. It is done every day.
Churches demand standards, schools demand standards, you gentlemen in the Senate require standards
and whether we like it or not, all people have standards for their social equals to meet.

The thirty states that have had these laws are just as segregated as the twenty that don't. I pre-
dict now that attention has been focused on these laws there will be a rash of suits testing their consti-
tutionality. When the Attorney General said Senator Lausche enforced such a law as Governor of Ohio,
he should have realized Senator Lausche was just tolerating it like the Kennedys tolerate the Taft-
Hartley Act. These laws do not accomplish the goal of integration. Proof of this is the agitation and
demonstrations all over the country and the existence of harlems in every major city in the country.

These laws could subject the negroes to more humiliation than any voluntary agreement would.
All of us have had poorly prepared meals it restaurants when the owner was trying. What do you
think the result would be if he wasn't trying?

The people who favor this law are largely executive boards of church groups but not the congre-
gations, executive committees of labor unions but not the rank and file, business executives but not
the employees. In short, gentlemen, a great number of generals but no soliders,

Today we are witnessing one of the strangest paradoxes of all time: churchmen with segregated
churches, labor leaders with segregated labor unions, news media with segregated work forces, and
politicians and civic leaders who lead completely segregated lives trying to force a segment of private
enterprise to integrate. ‘

Christianity has not been able to integrate intwo thousand years and judaism for longer than that
and yet these very religious leaders expect Americans to do it in less thantwohundred, and if we don't
shove it down our throats and gag us in the process, and all this on the false accusation that we are
discriminators.

You are bucking a law which was never enacted by any legislature when you pass a law like this,
the law of nature. God himself was the greatest segregationist of all time as is evident when he placed
the caucasians in Europe, the black people in Africa, the yellow people in the Orient and so forth, and
if God didn't see fit to mix people who are we to try it?

Christ himself never lived an integrated life, and although he knew his life on earth would be a
model for all mankind,. when he chose his close associates, they were all white. This doesn't mean
that he didn't love all his creatures but it does indicate that he didn't think we had to have all this
togetherness in order to go to heaven.

Gentlemen, we should give a lot of serious thought to these final remarks of mine and not try to
out do God in the make up of the world.

Thank you,
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                    <text>For release 9:00 a.m.
(E.D.T.)
I
STATEMENT BY
GEORGE C. WALLACE
GOVERNOR OF ALABAMA
BEFORE THE SENATE COMM ITTEE ON COMMERCE
IN OPPOSITION TO SENATE BILL 1732
9: 00 a. m.
( E • D . T. )
JULY 15 , 19 63
Mr. Chairman -- Members 0£ the Senate Committee on Commerce.
I appreciate the opportunity to appear before you
today and give my views on the important matters now before
this Committee.
The leaders 0£ the Fede r a l government have so mis-

a·
used the Negroes £or selfish poli t ica] reasons that our en-c:a-=,,,~,..
tire concept of
i 1ber¥y
•ffll!lgl.-,c.c.ifi]~J- ~
-- ---
ow in peril .
.
-.
We daily s e e our governme nt go to ridiculous e x tremes and take unheard-of actions to appe a se t he min ority
bloc vo t e leade r s 0£ t his country .
'
I was ap pa l led and amaz e d to re ad 0£ r e cen t st a te me n t s by Pen t agon off i cials r el at ive t o p r op osed civil ri g h t s
inv est ig a t i o ns on our mi l itary i n st alla t ions . The r e was a
I
time when mil i tary i n s ta l lat ions were es tab li s h e d in acco r d anc e with the requirements of the nat ional defe n se post u re.
Today t h ese officials use the t h reat 0£ withdrawal
0£ mil i tary bas es to a c c omplish polit i cal purposes.
Any
officer or officia l issuing such orders should have his
�-
2 -
I
background investigated.
Although he may not be affiliated with our enemies, his actions play into t heir hands by jeopardizing
the security of this nation.
The Air Force is e ncouraging its personnel to
engage in street demons t rations with rioting mobs and is
even offering tr a ining cred i t s as a n inducement.
Perhaps
-we will now see Purpl e Hearts a warded £or street brawling
heretofore th e y we r e awa rded on t h e f ield of combat.
I not e that b y way o f f u rt he r intimidation, one
of the P res i d en t r s c ommi ttees has re commend e d t h a t a n y bus-
iness be p l a c e d off l imi ts to military p e r s onn e l unless
t hey s ur re nder to current Federal
ideolog i es.
I s the real pur p o se of th is integration movement
t o d i sar m this c ountry as the Commu nists have p l anned?
For a c entury certain po l iticians h a v e t a l ked
abou t Sout h ern mobs, which were actual l y non-existent.
Bu t
now that we have Negro mobsters and mobs run ni ng in the
streets of our cities , these politicians and the press
refer to them as demonstrators.
These so-called demonstrators break laws, destroy
property, injure innocent people and create civil strife
�-
3 I
and disorder 0£ major proportions.
Yet they receive sympathy and approval 0£ the
leaders 0£ our Federal government.
/
I personally resent the actions 0£ the Federal
. / g_o vernment which have created thes e conditions.
As a
loyal American and as a loya l S outhern Governor, who has
never belonged to or assoc ia ted with any subversive element,
I resent the £awning and p a wing over such people
as Martin Luther King and his pro-Communist friends and
associates.
When this bunch 0 £ i n cend i a ries comes t o Washington
they are give n red c arpet t re a tmen t, a n d I da r e say i£ they
came in t o thi s r oom h ere , some 0 £ t he member s 0£ this
Committee wo u ld £ee l c ompelled to g r e et them in such a
mann e r a s t o p u bl icl y demonstr a te t heir con ce r n £o r so called civi l r i gh ts.
Last Friday Governor Ba rnett s h owe d t his Commit te e
a pic ture 0£ Martin Luther King and a gr oup 0£ Commu n is t
leaders attending a meeting together.
-t-
~
- ~'-
As wi de l y reported in
the press in t h e last two months, Kingrs top l ieutenant in
Alabama , Fred L. Shuttlesworth , a self - styled 11Reverend11, was
elected president 0£ the 11 Southern Conference Educational Fund11
which is headquartered in New Orleans and active in seventeen
Southe r n states.
This organizat ion h a s been des c ribed
�-
4 I
by both the Sena te Internal Securit y Subcommi tt ee and the House
Un-American Activities Committee as an organi z ation rrset up
to promote Communism 11 throughout the South.
The Cincinnati
Enquirer, in its issue o f Sunday, June 9, 1963 , quotes the
following statement of Shut t les wort h as to his leadership
of this Communist or gan i zatio n:
rrGene ra l ly, the House committees
are governed by Southerners who
will label any organizat ion subversive or c ommunistic that seeks
to further the Ameri can aims of
inte gration, justice and fair-play.
rrTo a segregationist , integration
means Communism .
I c an think of noth-
ing mor e u n-Ame rican than the House
Commit tee on Un-American Activities.
11
Recentl y Mar t i n Lu ther King publicly professed
to have fi r ed a known Co mmun i s t, J a~k OtDell , who had been
on his payro ll .
But as disc overed by a me mbe r o f the United
States Congre ss , this p ub l ic p rofes si o n wa s a l i e and Ot De l l
had re mai ned on Ki ng ts payro l l.
�-
5
/
On a recent visit to this country, why was it
that Ben Bella, a Communist in my opinion, had his first
conference in this countr y with Martin Luther King?
And
then Ben Bella flew to Cuba and embraced the Communist
Castro and said tha t he is one of the worldrs greatest.
Is there any connection?
I come here today as a n American , as a Governor
of a Sovereign State and as an ·individual with full respect
for Constitutional gov ernment.
I app ear to respectfully
call upon the Congress of the United States to defeat in
its entirety the Civil Rights Act of 19 63.
The Presiden t of the United States stated in
his message accompany ing Senat e Bill 1732 that " enactment
of the Civil Right s Act of 1 963 at t h i s ses s i o n of Congress -however long i t may t a k e a nd h owever t r oub lesome it may be -is imperative" .
The P res i dent might we l l h ave f urther stat e d:
rrand h oweve r many p eople it hurts or b u sine ss es it des troys and r e gardless of the rights of t h e vast majority
of our p e ople rr .
In my judgment , the President of the United
States and the Attorney Gen e r al of the United States , by
�-
6 /
design and political motivation, are sponsoring and fostering a comple t e and all inclusive change in our whole concept of government and society -- a revolution of government against the people.
Senate Bill 1732 -- the so-called public accomodations bill -- would, together with the Presidentts full
civil rights package , bring about government of the government, by the government a nd £or the government.
The free and uncontrolled use of private property
is the basic and historic concept of Anglo - Saxon jurisprudence .
The primary reason our fore fa thers came from Europe
to carve this nation out of a raw and savage wilderness was
£or the purpose of using , con t rolling and enjoying their
private property and to pursue their chosen professions
without £ear of inte rf e r ence f rom ki ngs , tyr a nts, despots,
and I might add, Presidents .
I don t t th ink it rs necessary today to talk to
y ou at lengt h about the c ons ti t uti onal basis £or l e gisl at i on such as this.
You know that simi lar le g isla ti on has
b een d e clared unconstitutional .
You know th a t in the 1883 Civil Rights Cas e the
Supreme Court of the United States ruled out the Comme rce
�-
7 -
Clause as the basis for legislation nearly identical in
effect to that contained in Senate Bill 1732.
You know that the 14th Amendment -- which amendment is of doubtful origin and questionable validity
was held by the 18 8 3 Court to merely allow legislation
predicated upon the corr e ction of the operation of state
laws only
and in n o sense gave the legislative branch
the right to enact st at u t es providing a code for the regulation of private rights .
No part of the bill b efor e you qualifies as to
constitutionality even assuming t h a t y ou oper a te on the
premise that th e 1 4 th Ame ndme n t wa s va lidl y r a tifie d in
accorda nc e wi t h t he r equ ireme n ts of t he Constitu t ion -and it was not.
Ge ntl e me n , 1111 te ll you wh a t this Senat e Bill
1732 does
it pla c es upon a l l bus ines s me n a nd profess -~
ion a l p eop le t h e yoke of invo lun tary se r vi t u d e -- it
should be d e signa ted as t h e 11 1nv oluntary S er vitude Act
of
1 96311.
Under the provisions of Senate Bi l l 1732, i f
y ou are engaged in any profession where you offer yo u r
personal s e rvi ces, you cannot refuse to serve anyone without
�/
- 8-
fear of vi o lating this Act.
I dohtt know of any business
or profession that does not have some abstract connection
with interstate travel or interstate movement of goods.
Under the provisions of this Act, the lawyer, doctor,
hairdresser or barber, plumb e r, public secretary-stenographer,
etc., would no longer be free to choos e their clientele.
Nobody who offers services to the public or
a~tempts to engage in his chosen profession will be free
to operate wi t hout fe ar t hat th e police state which is
now vigorousl y re a ring its head wil l d ictate his every
move and tell him e xac t l y how he can run his business.
In £ac t, if t h2 pro v isions o f
t he Ac t a re pass ed and
enforced many indi vidu a l s will no long e r h a v e a ny busin ess .
Section 3 ( b ) o f the Act pr o v i de s :
HThe p r o-
vision of th i s Ac t shal l not app l y t o a b onafide pri vate
club o r o ther es t a b lishment not ope n t o t he public , excep t
t o t h e exten t t hat the facil i tie s o f
such e s tab lis h me n t s
ar e made avail a b l e to the custome rs or patrons of an e s tablishment wi t h i n t h e s c ope o f sub - section (a) .
I submit
to y ou that I am at a loss to unde r stand the true meaning
�-
9 /
and full import of this exception.
I am wondering if it
constitutes a nsleeperrr in this Act designed to destroy
the privacy of private clubs and rrother establishments 11 .
In fact , what is the definition of the term rrother establ:is hmentsrr?
Does it include fraternal and social
organizations, churches , religious organizations, the
Masonic Lodge, the Order of the Eastern Star, the Knights
of Columbus?
Would this rrexception cl ause11 cover the following
situation?
A certain exclusive p riva te club having a membership compos ed entirel y of Italian-Americans has a rule
allowing members to bring guests, many of whom travel in
intersta t e commer c e.
The club also has another strict
rule that guests must be limited solely to Italian-Amer icans.
Un der the provisions of th is Act may a member bring in a
non Italian -American traveling in i nterstate c ommer ce desp i te the club rule forbidding it?
Another example that
arises would be the fac t that my Masonic Lodge has strict
rules against bringing in non - Masons and/or Masons not of
the same type organization as mine.
I have taken many
interstate traveling Masons to my Lodge.
Can a member
bring a non -Mason or Mason of anothe r type organization
into my Lodge if he is a gues t traveling in inter state commerc e ?
�- 10 /
Section 5 of the Act provides for civil actions
for preventive relief including injunction, restraining
order or other order.
implies?
I wonder what this 11or other orderrr
Does it not mean being heavily fined or placed
in Federal Prison £or contempt of court if you refuse to
obey?
This same Section provides that this relief may
be obtained by the person aggrieved or by the Attorney
General of the United States and it provides further that
the relief may be obtained where a person has not actually
violated any section of the Act,
but there are grounds to
believe that any person is about to engage in any of the
many prohibited acts.
This is the beginning of 11thought-
control" legislation.
In other words, they can take you
to court and try you for what you are thinking or possibl y
thinking about doing -- whether you ever carry your thoughts
into effect or not.
It is interesting to note that in Section 2(g)
of the Act, which in effect constitutes the preamble of
the Act, it is stated as fact that discrimination reduces
the mobility of the national
labor force and prevents the
most effective allocation of national resources, including
�-
11 /
the inter~tate movement of industries, particularly in
some of the areas of the
nation
most in need of indus-
trial and commercial expansion and development,
This is a thinly veiled reference to the South
which - contrary to the statement contained in the preamble of this bill -- is now and will continue to enjoy
the greatest industrial growth of any section of the
United States.
I cannot help but wonder if some of these same
people who are now so worried about our industrial growth
are not some of the same people who fought the removal of
the nPittsburgh Plus11 discriminatory freight rates which
for so long kept the South from realizing its true patential in industrial growth.
I cannot also help but wonder
if one of the true motives in back of this act is, in part,
a desire on the part of some to return the South toils
position of disadvantage which disappeared with the removal of discriminat~ry freight rates.
The President , the Attorney General, and every
member of this Congress who has sponsored this legislation
stand indicted before the American people .
�- 12 -
This group has invited the Negro to come North
to a land of milk and honey.
They accepted the proposition,
and instead of finding this Utopia, they have found unemployment.
They have been stacked in ghettos on top of one
another, to become a part of every cityts Harlem.
Thereby
social and economic problems have been compounded.
The end result is that this
gross hypocrisy has
brought guerilla warfare and insurrection to every large
city in the United States endangering the lives of millions
of our citizens.
Because of this hypocritical spectacle,
he no longer wants mere equal treatment, he expects and
apparently intends to bludgeon the majority of this countryts
citizens into giving him preferential treatment.
He shows his sense of responsibility by flaunting law and order throughout this country, even threatening to intimidate the Congress of the United States.
And
all of this is done with the tacit approval of the sponsors
of Senate Bill 1732.
The physical danger I outline is no problem in
the South.
You and your family can travel to any place
in the South , walk the streets of every section of cities
and towns alone, without £ear of bodily harm.
But I know ,
�-
13 -
a n d y ou know , t h at you and you r fami l y c a nnot wa l k the st ree t s
of
our n atio nr s c a p i t a l wi t h o u t f e ar o f mugging, raping, kil l ~
ing o r o the r phy sical a ss au lt.
And, ge n t l e me n , you r c o n stit u e n ts k n ow thi s, t o o,
and 1hey are fed up wi t h i t .
An d i f you wi ll c ome t o my
offi c es , I wi ll s h ow you c o untl e s s t h ou san ds o f
l e tters from
every part of t h e United States prot e sting the conti nued
u s u rpatio n of powe r b y t h e F ederal gov e rnment and t he failure
to adh ere to the Co n sti t u tion o f
t h e United State s.
Peopl e
who write me want t h eir elec ted represe n tatives to star t re p r ese n ti n g t h e m a nd n o t
t h e minori ty b l o c voting mo bsters.
A President who sponsors legis l at i on s uch as t h e
Civil Rig h ts Act of 19 63 shou ld be retired from p u blic life .
And this goes £o r a n y Governo r o r other p ub l ic off ic ial who
ha s joi ned in this mad scrambl e for the minority bloc vote .
Does not the present sit u ation in Washington, D . C . ,
give you some idea of the result you wo ul d obtain with this
legi s lation?
The nationrs capital is supposed to be the
s upr e me example of what civil rig ht s legislation can accomplish.
Itt s an example all right, an examp l e of a c i ty
practically dese rt ed by white people.
If you in the Congress
a re re a lly si nc e r e about t hi s civi l rig ht s bus iness, why don tt
yo u give home rule to the people of Washington ?
the local reside nts can r un t h is ci ty.
Letts see how
I beli eve in local
�- 14 -
self government.
Washington, D. C.
I ch allenge you to vote for home rule in
I suspect that if you attempted to do
this, the Secretary of State would have to testify behind
closed doors that this would result in damage to our image
before the rest of the world.
A few days ago, I n oted a report relea sed by
Washington, D. C., police offici a l s which st a ted that during
the last twelve months major crimina l offenses in this nationts capit al reached the second highest peak in histor y .
, I s ug gest that if the Congress spent it s time try ing to
stop these assaults, rapes, robbery and house-breaking,
rather than in efforts which will destroy all rights of
property, then you mi g h t accomplish something worthwhile.
When I came here to testif y against the 1 957
Civil Rights Bill, it was said that our image would be
affected in Afr ic a and Asia if th e bill fail ed to pass .
Well, the 1957 Bill was passed a nd it appears that we are
still supposed to wor ry about our image.
I h a v e s tated before and wish to state again
here today -- I will worry about our image in the rest of
the world whe n the se foreign countries begin to ret urn 25
per cent of the foreign aid we are send i ng t h em because it
comes fro m t he Sou t h.
�- 15 -
In my judgment, the rest of the world should be
more concerned with wha t we think of them since we fee l
bound and determined to provide their support .
And while
we are speak ing of a n image, the fede r a l government should
wo rry about the image i t is creating in the Sou th and to
f r eedom-loving people everywhere.
I think you gentlemen ar e well aware of the
reason you are having to consider Senate Bill 1732 .
The
Pres{dent of the Uni ted States anj t he Attorney General of
t h e Unit e d States have u sed t h e powers of the executive
branch in s uch a ma nner as to cr ea t e a t e nse and explosive
sit u ation wh i ch t h ey can no longer control.
Th e Pre sid e n t s o mu ch a s admitt e d this i n h is
nationwide telecast which prefac ed the in t r oduc t ion of
t h i s ci v il right s legis l ation.
or ity bloc vot e .
He wooed and won t h e min-
S ince the n h e h as commit ted a se ri es o f
blunders in tr y ing to appe as e the mob l eaders .
These l eader s have now pr ess ur e d t h e P r e sident
in t o t h e r idiculous P?s i ti on o f pl a cing hi s st amp of a ppr oval
on mob violenc e and rioting in t h e s treets of this country.
Th e e ntir e h a ndling o f
t hi s raci a l si t uation
by t h e present Admini st r a tio n h as s h own a n i n e ptness a nd
to tal
l a ck of unde rstandi n g in h a ndling the p r ob lems
�- 16 -
which hqve been cr e a t ed by the political efforts to capture
t hese votes.
The promised Ne w Fron t ier is a n a tion t orn b y
strife and turmoil on the brink of civil warf a re.
The onl y method it has bee n a ble to come up
with is the us e of Federal t ro op s wh ich, strangel y , it
se e ms, have b ee n us ed onl y in t h e S o uth although t h e most
/
serious disturb a nc es h a ve be e n i n p l a c e s like New Yo r k ,
New Jersey, Phil ade lphi a , Chic a go , Wa s hington, Los Angeles
a n d Cambridge, Ma ryl a n j ,
It is not politically popular to send troops into
t hese ci t ies -- a nd t h ey a r e g o ing t o £ind nex t No v e mb er it
i s n o t po litic a ll y pop ul a r to sen d t h e m to Al a b a ma a n d
Mi s sis s ippi.
The Kennedy Adm ini stration i s in p o li t ic a l
j eop a r dy, a n d i n a c a lcul ated attempt t o re co ve r from
l os s es o f p olitic a l prest i g e , i t has s hif ted t h e b u rden
of its gross mi s takes in jud g ment t o th e Congress of t h e
Unit ed States -- a ll t h e wh i l e cater ing to a lawl ess mi nor i ty wh ic h shows u tter disregard and contempt £or law and
order.
�- 17 -
This bill will not remedy the situation.
This
bill will inflame the majority of the citizens of this
country.
When you determine that you will control and
destroy private property rights -- you invite chaos.
I charge that Senate Bill 173 2 cons t itutes
the first step toward land reform -- a long step in a
socialistic scheme of government which will bring the
total des~ruction of private property rights.
-- -------
Property
is powe r and when we lose our rights to proper t y we will
have lost our power to govern ourselves.
If y ou int e nd to pass this bill, you should
make preparation s to withdr a w a ll our troops from Be rlin,
Viet Nam and the rest of t he world bec a u se they will be
needed to police America.
Yo u are go ing to make the
American peop l e l aw vi olators because they are not going
to comply with this type legislation.
It is s u spected, a nd I suggest that Senate Bill
1 732 is s u c h a ridiculous p i ece of legislation that it
probably is a mere smokescreen which is calculated to draw
the atten tion of th e people to it, thereby blinding t h em
to othe r parts of the civil right s package which are e qually
abominab l e .
�- 18 -
No part of the Civil Rights Act of 1963 is
acceptable and we people in the State of Alabama and the
South will take the lead £or all freedom-loving people of
this country -- black or white -- in an all-out effort to
defeat any man who supports any feature of the civil rights
package.
The executive branch of this government has ignored the Constitution of the United States and fostered
the march toward cen tralization and t he ultimate destr u ct ion of our system.
The Judicial branch has perverted t he Constitution
of the United States in a manne r which shocks the conscience
of the American people .
The Congress of t he Uni ted States is t he last
remaining bulwark against t h e des t ruc t ion of our system of
governme nt.
I ask yo u to ignore politic a l pressures which
will destroy · our e ntir e free e nt erpris e system -- t h at y ou
determine t h at thi s coun try will not h a v e governme n t by i ntimidation -- that you n ot see fit to destroy established busin esses and personal se rvic e professio n s -- t h at you not place
t h e vast ma jority o f
American citizens in involuntary ser vitude
that you stand up for Ameri ca.
�- 19 -
I cha ll e n ge t h e Pr es ide n t and the Congre ss t o
submit this propos ed l e gi slation to t h e p e ople as a
national referendum .
I promise yo u that you wil l get the sho c k of
y ou r life becau se t h e peop l e will overwhe l ming l y r e j e c t
t h is encroachment upon the i r right to own and enjoy pr iv ate p rope r ty .
I say t h at it is high time freedo m-l ov ing people
of t h is nation stand up and be counted and if t h e tree of
'
li berty needs refreshing by t h e political blood of those
wh o ignore the heritage established for us by the F ounding
Fathers, then so be it.
Gentlemen, I appreciate this opportunity to
appear before you today and before leaving I have a requ est
I would like to make .
I have charged here today that th e re
are communist influences in the integration movement.
From
the mountain of evidence available everyone should reali ze
that they are true.
You have heard these charges before
you -- you have seen the evidence -- why donrt you do something about it?
Dontt sweep th is matter under the rug
letis expose these enemies -- they a re enemies of both black
�- 20 -
and white in this country -- bring them out in the open.
As
the Governor of a sovereign state, I ask the Congress to investigate these communist activities.
not be taken lightly.
This reques t should
A le t ter through the mail to the
Justice Department from some one claiming t hey have been
denied the right to vote brings a flood of Federal Investi g a tors down the neck of some Sout h e rn r eg is t r a r.
He re you
have had at least two Governors to ask that this communist
matter be investigated.
Will you give u s this r e sponse?
I n closing, I would li ke to te ll you t h a t
the
\
public policy of Alabama is for the up-lifting of t he Negroes
in Alabama.
During th e fir st year of my admini strat ion we
h a ve incr eased t h e a pp ropr i at ion to Neg r o educ at iona l institut ions
22 p e r cent.
We a re building t hree n e w trade schools to train
the m f or the jobs tha t we are maki n g avail a bl e to t hem b y a
fas t g r owi n g i n d u s t r i a l expansion in o u r state .
lieve th e
I do n ot be -
passage of the l eg i s l a ti o n would be in t he int e re st
of e i t h er th e whit e or Negr o citizen , b u t wo uld h amp er t h e
sol u ti o n of problems £acing bot h races .
As I sai d i n my Inau g ur a l Addr e ss in Janu a r y, my
hope and prayer is t h at God will b l ess al l
of the peop l e of
my state and this nation, both black and whit e.
I thank you .
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              <text>For release 9:00 a.m. (E.D.T.)

STATEMENT BY
GEORGE C. WALLACE
GOVERNOR OF ALABAMA
BEFORE THE SENATE COMMITTEE ON COMMERCE
IN OPPOSITION TO SENATE BILL 1732
9:00 a.m. (E.D.T.)
JULY 15, 1963

Mr. Chairman ~~ Members of the Senate Committee on Commerce.

I appreciate the opportunity to appear before you

_ today and give my views on the important matters now before
this Committee.

The leaders of the Federal government have so mis-~
used the Negroes for selfish political reasons that our ens

= c= He gs
tire concept of liberty” Sfeareceden,is now in peril.
‘=.

We daily see our government go to ridieulous eXn
tremes and take unheard-of actions to appease the magori ty
bloc vote leaders of this country.

I was appalled and amazed to read of recent states
ments by Pentagon officials relative to proposed civil rights
investigations on our military installations. There was a
time when military installations were established in accord.
ance with the requirements of the national defense posture.

Today these officials use the threat of withdrawal
of military bases to accomplish political purposes. Any

officer or official issuing such orders should have his
oackground investigated.

Although he may not be affiliated with our ene-
mies, his actions play into their hands by jeopardizing
the security of this nation.

The Air Force is encouraging its personnel to
engage in street demonstrations with rioting mobs and is
even offering training credits as an inducement. Perhaps
we will now see Purple Hearts awarded for street brawling ~~
heretofore they were awarded on the field of combat.

I note that by way of further intimidation, one
of the President!s committees has recommended that any bus.
iness be placed off limits to military personnel unless
they surrender to current Federal ideologies.

Is the real purpose of this integration movement
to disarm this country as the Communists have planned?

For a century certain politicians have talked
about Southern mobs, which were actually non-existent. But
now that we have Negro mobsters and mobs running in the
streets of our cities, these politicians and the press
refer to them as demonstrators.

These so-called demonstrators break laws, destroy

property, injure innocent people and create civil strife
and disorder of major proportions.
Yet they receive sympathy and approval of the
leaders of our Federal government.
I personally resent the actions of the Federal
A seawesisics which have created these conditions. Asa

le o pe
loyal American and as a loyal Southern Governor, who has

 

never belonged to or associated with any subversive ele.
ment, I resent the fawning and pawing over such people
as Martin Luther King and his pro-Communist friends and
associates.

When this bunch of incendiaries comes to Washington
they are given red carpet treatment, and I dare say if they
came into this room here, some of the members of this
Committee would feel compelled to greet them in such a
manner as to publicly demonstrate their concern for sow
called civil rights.

Last Friday Governor Barnett showed this Committee
a picture of Martin Luther King and a group of Communist * baw ~ Lows
leaders attending a meeting together. As widely reported in
the press in the last two months, King!s top lieutenant in
Alabama, Fred L. Shuttlesworth, a self-styled "Reverend", was
elected president of the "Southern Conference Educational Fund"
which is headquartered in New Orleans and active in seventeen

Southern states. This organization has been described
-~ 4 «

by both the Senate Internal Security Subcommittee and the House
Un-American Activities Committee as an organization "set up
to promote Communism" throughout the South. The Cincinnati
Enquirer, in its issue of Sunday, June 9, 1963, quotes the
following statement of Shuttlesworth as to his leadership
of this Communist organization:

"Generally, the House committees

are governed by Southerners who

will label any organization sub.

versive or communistic that seeks

to further the American aims of

integration, justice and fair-~play.

"To a segregationist, integration

means Communism. I can think of noth-

ing more un-American than the House

Committee on Un-American Activities."

Recently Martin Luther King publicly professed

to have fired a known Communist, Jacek OtDell, who had been
on his payroll. But as discovered by a member ofthe United
States Congress, this public profession was a lie and O1Dell

had remained on King!s payroll.
On a recent visit to this country, why was it
that Ben Bella, a Communist in my opinion, had his first
conference in this country with Martin Luther King? And
then Ben Bella flew to Cuba and embraced the Communist
Castro and said that he is one of the worldts greatest.

Is there any connection?

I come here today as an American, as a Governor
of a Sovereign State and as an -individual with full respect
for Constitutional government. I appear to respectfully
call upon the Congress of the United States to defeat in
its entirety the Civil Rights Act of 1963.

The President of the United States stated in
his message accompanying Senate Bill 1732 that "enactment
of the Civil Rights Act of 1963 at this session of Congress «.
however long it may take and however troublesome it may be m=-
is imperative",

The President might well have further stated:
tand however many people it hurts or businesses it de.
stroys and regardless of the rights of the vast majority
of our people".

In my judgment, the President of the United

States and the Attorney General of the United States, by
design and political motivation, are sponsoring and foster-
ing a complete and all inclusive change in our whole con-
cept of government and society «~~ a revolution of govern-
ment against the people.

Senate Bill 1732 ~~ the so-wcalled public accomo.
dations bill #«-~ would, together with the Presidentts full |
civil rights package, bring about government of the govern-~
ment, by the government and for the government.

The free and uncontrolled use of private property
is the basic and historic concept of Anglo-Saxon jurispru-
dence. The primary reason our forefathers came from Europe
to carve this nation out of a raw and savage wilderness was
for the purpose of using, controlling and enjoying their
private property and to pursue their chosen professions
without fear of interference from kings, tyrants, despots,
and I might add, Presidents.

I dontt think itts necessary today to talk to
you at length about the constitutional basis for legisla-
tion such as this. You know that similar legislation has
been declared unconstitutional.

You know that in the 1883 Civil Rights Case the

Supreme Court of the United States ruled out the Commerce
Clause as the basis for legislation nearly identical in
effect to that contained in Senate Bill 1732.

You know that the 14th Amendment =. which amend.
ment is of doubtful origin and questionable validity --
was held by the 1883 Court to merely allow legislation
predicated upon the correction of the operation of state
laws only -- and in no sense gave the legislative branch
the right to enact statutes providing a code for the regu
ulation of private rights.

No part of the bill before you qualifies as to
constitutionality even assuming that you operate on the
premise that the 14th Amendment was validly ratified in
accordance with the requirements of the Constitution ~-
and it was not.

Gentlemen, It1l tell you what this Senate Bill
1732 does -~- it places upon all business men and profess...
ional people the yoke of involuntary servitude ~~ it
should be designated as the "Involuntary Servitude Act
of 1963",

Under the provisions of Senate Bill 1732, if
you are engaged in any profession where you offer your

personal services, you cannot refuse to serve anyone without
fear of violating this Act. I dontt know of any business

or profession that does not have some abstract connection
with interstate travel or interstate movement of goods.

Under the provisions of this Act, the lawyer, doctor,
hairdresser or barber, plumber, public secretary-~stenographer,
etc., would no longer be free to choose their clientele.

Nobody who offers services to the public or
attempts to engage in his chosen profession will be free
to operate without fear that the police state which is
now vigorously rearing its head will dictate his every
move and tell him exactly how he can run his business.

In fact, if the provisions of the Act are passed and
enforced many individuals will no longer have any busi-
ness.

Section 3(b) of the Act provides: "The pro.
vision of this Act shall not apply to a bonafide private
club or other establishment not open to the public, except
to the extent that the facilities of such establishments
are made available to the customers or patrons of an es-
tablishment within the scope of sub-section (a). I submit

to you that I am at a loss to understand the true meaning
and full import of this exception. I am wondering if it
constitutes a "sleeper" in this Act designed to destroy
the privacy of private clubs and "other establishments".
In fact, what is the definition of the term "other es-
tablis hments"? Does it include fraternal and social
organizations, churches, religious organizations, the
Masonic Lodge, the Order of the Eastern Star, the Knights
of Coiumbus?

Would this "exception clause" cover the following
situation?

A certain exclusive private club having a member-
ship composed entirely of Italian-Americans has a rule
allowing members to bring guests, many of whom travel in
interstate commerce. The club also has another strict
rule that guests must be limited solely to Italian-Americans.
Under the provisions of this Act may a member bring ina
non Italian-American traveling in interstate commerce de.~
spite the club rule forbidding it? Another example that
arises would be the fact that my Masonic Lodge has strict
rules against bringing in non-Masons and/or Masons not of
the same type organization as mine. I have taken many
interstate traveling Masons to my Lodge. Can a member
bring a non-Mason or Mason of another type organization

into my Lodge if he is a guest traveling in interstate commerce?
~ 10 .

Section 5 of the Act provides for civil actions
for preventive relief including injunction, restraining
order or other order. I wonder what this "or other order"
implies? Does it not mean being heavily fined or placed
in Federal Prison for contempt of court if you refuse to
obey? This same Section provides that this relief may
be obtained by the person aggrieved or by the Attorney
General of the United States and it provides further that
the relief may be obtained where a person has not actually
violated any section of the Act, but there are grounds to
believe that any person is about to engage in any of the
many prohibited acts. This is the beginning of "thought.
control! legislation. In other words, they can take you
to court and try you for what you are thinking or possibly
thinking about doing -~- whether you ever carry your thoughts
into effect or not.

It is interesting to note that in Section 2(g)
of the Act, which in effect constitutes the preamble of
the Act, it is stated as fact that discrimination reduces
the mobility of the national labor force and prevents the

most effective allocation of national resources, including
- ll.

the interstate movement of industries, particularly in
some of the areas of the nation most in need of indus.
trial and commercial expansion and development,

This is a thinly veiled reference to the South -.
which - contrary to the statement contained in the pre.
amble of this bill -- is now and will continue to enjoy
the greatest industrial growth of any section of the
United States.

I cannot help but wonder if some of these same
people who are now so worried about our industrial growth
are not some of the same people who fought the removal of
the "Pittsburgh Plus" discriminatory freight rates which
for so long kept the South from realizing its true poten-
tial in industrial growth. I cannot also help but wonder
if one of the true motives in back of this act is, in part,
a desire on the part of some to return the South to its
position of disadvantage which disappeared with the re.
moval of discriminatory freight rates.

The President, the Attorney General, and every
member of this Congress who has sponsored this legislation

stand indicted before the American people.
- 12.

This group has invited the Negro to come North
to a land of milk and honey. They accepted the proposition,
and instead of finding this Utopia, they have found unen-~
ployment. They have been stacked in ghettos on top of one
another, to become a part of every city's Harlem. Thereby
social and economic problems have been compounded.

The end result is that this gross hypocrisy has
brought guerilla warfare and insurrection to every large
erey in the United States endangering the lives of millions
of our citizens. Because of this hypocritical spectacle,
he no longer wants mere equal treatment, he expects and
apparently intends to bludgeon the majority of this country!s
citizens into giving him preferential treatment.

He shows his sense of responsibility by flaunt.
ing law and order throughout this country, even threaten.
ing to intimidate the Congress of the United States. And
all of this is done with the tacit approval of the sponsors
of Senate Bill 1732.

The physical danger I outline is no problem in
the South. You and your family can travel to any place
in the South, walk the streets of every section of cities

and towns alone, without fear of bodily harm. But I know,
- 13 =

and you know, that you and your family cannot walk the streets
of our nation!s capital without fear of mugging, raping, kill-
ing or other physical assault.

And, gentlemen, your constituents know this, too,
and they are fed up with it. And if you will come to my
offices, I will show you countless thousands of letters from
every part of the United States protesting the continued
usurpation of power by the Federal government and the failure
to adhere to the Constitution of the United States. People
who write me want their elected representatives to start re-
presenting them and not the minority bloc voting mobsters.

A President who sponsors legislation such as the
Civil Rights Act of 1963 should be retired from public life.
And this goes for any Governor or other public official who
has joined in this mad scramble for the minority bloc vote.

Does not the present situation in Washington, D. C.,
give you some idea of the result you would obtain with this
legislation? The nation!ts capital is supposed to be the
supreme example of what civil rights legislation can accom-
plish. Itts an example all right, an example of a city
practically deserted by white people. If you in the Congress
are really sincere about this civil rights business, why donrt
you give home rule to the people of Washington? Letts see how

the local residents can run this city. I believe in local
eel¥ governnent. I challenge you to vote for home rule in
Washington, D. C. I suspect that if you attempted to do
this, the Secretary of State would have to testify behind
closed doors that this would result in damage to our image
before the rest of the world.

A few days ago, I noted a report released by
Washington, D. C., police officials which stated that during
the last twelve months major criminal offenses in this na.

o&gt; ty
Les,
tionts capital reached the second highest peak in history. iss

| rach”
I suggest that if the Congress spent its time trying to
stop these assaults, rapes, robbery and house-breaking,
rather than in efforts which will destroy all rights of
property, then you might accomplish something worthwhile.

When I came here to testify against the 1957
Civil Rights Bill, it was said that our image would be
affected in Africa and Asia if the bill failed to pass.
Well, the 1957 Bill was passed and it appears that we are
still supposed to worry about our image.

I have stated before and wish to state again
here today -- I will worry about our image in the rest of
the world when these foreign countries begin to return 25

per cent of the foreign aid we are sending them because it

comes from the South,
- 15 4

In my judgment, the rest of the world should be
more concerned with what we think of them since we feel
bound and determined to provide their support. And while
we are speaking of an image, the federal government should
worry about the image it is creating in the South and to
freedom-loving people everywhere.

I think you gentlemen are well aware of the
reason you are having to consider Senate Bill 1732. The
President of the United States and the Attorney General of
the United States have used the powers of the executive
branch in such a manner as to create a tense and explosive
Situation which they can no longer control.

The President so much as admitted this in his
nationwide telecast which prefaced the introduction of
this civil rights legislation. He wooed and won the min-
ority bloc vote. Since then he has committed a series of
blunders in trying to appease the mob leaders.

These leaders have now pressured the President
into the ridiculous position of placing his stamp of approval
on mob violence and rioting in the streets of this country.

The entire handling of this racial situation
by the present Administration has shown an ineptness and

total lack of understanding in handling the problems
« 16 =

which have been created by the political efforts to capture
these votes.

The promised New Frontier is a nation torn by
strife and turmoil on the brink of civil warfare.

The only method it has been able to come up
with is the use of Federal troops which, strangely, it
seems, have been used only in the South although the most
sex ious disturbances have been in places like New York,

New Jersey, Philadelphia, Chicago, Washington, Los Angeles
and Cambridge, Maryland.

It is not politically popular to send troops into
these cities -- and they are going to find next November it
is not politically popular to send them to Alabama and
Mississippi.

The Kennedy Administration is in political
jeopardy, and in a calculated attempt to recover from
losses of political prestige, it has shifted the burden
of its gross mistakes in judgment to the Congress of the
United States -- all the while catering to a lawless min-
ority which shows utter disregard and contempt for law and

order,
~ LY «

This bill will not remedy the situation. This
bill will inflame the majority of the citizens of this
country. When you determine that you will control and
destroy private property rights -- you invite chaos.

I charge that Senate Bill 1732 constitutes
the first step toward land reform --~ a long step ina

Na
socialistic scheme of government which will bring the
total destruction of private property rights. Property
“is power and when wi ewe our rights “ts property we will
have lost our power to ee ourselves.

If you intend to pass this bill, you should
make preparations to withdraw all our troops from Berlin,
Viet Nam and the rest of the world because they will be
needed to police America. You are going to make the
American people law violators because they are not going
to comply with this type legislation.

It is suspected, and I suggest that Senate Bill
1732 is such a ridiculous piece of legislation that it
probably is a mere smokescreen which is calculated to draw
the attention of the people to it, thereby blinding them

to other parts of the civil rights package which are equally

abominable.
No part of the Civil Rights Act of 1963 is
acceptable and we people in the State of Alabama and the
South will take the lead for all freedom-loving people of
this country -- black or white -- in an all-out effort to
defeat any man who supports any feature of the civil rights
package.

The executive branch of this government has ig-
nored the Constitution of the United States and fostered
the march toward centralization and the ultimate destruct-
ion of our system. ‘

The Judicial branch has perverted the Constitution
of the United States in a manner which shocks the conscience
of the American people.

The Congress of the United States is the last
remaining bulwark against the destruction of our system of
government.

I ask you to ignore political pressures which
will destroy our entire free enterprise system ~~. that you
determine that this country will not have government by in-
timidation --= that you not see fit to destroy established busi-
nesses and personal service professions =- that you not place
the vast majority of American citizens in involuntary servitude --

that you stand up for America.
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                    <text>I
STATEMENT
by
IVAN ALLEN, JR.
MA YOR OF ATLANTA, GA.
BEFORE
COMMITTEE ON COMMERCE
REGARDING
s.
1 732
BILL TO ELIMINATE DISCRIMINA TION IN PUBLIC
ACCOMMODATIONS AFFECTING
INTERSTATE COMMERCE
July 26, 1963
�I
STATEMENT BY IVAN ALLEN, JR.
MAYOR OF ATLANTA
July 26, 1963
Mr. Chairman and Members of the Senate Commerce Committee:
I am honored to appear before your Committee.
At the beginning I would like to make it clear that I feel qualified to speak on the subject under discussion which is the elimination
of racial discrimination, on what I have learned from personal
experience and observation in my home city of Atlanta, Georgia.
As perceptive men of wide experience I feel confident that you will
agree with me that this is as serious a basic problem in the North,
East and West as it is in the South.
It must be defined as an all-American problem, which requires
an all-American solution based on local thought, local action and
local cooperation.
The 500, 000 people who live within our city limits consist of
300, 000 white citizens and slightly more than 200, 000 Negro citizens.
That makes the population of Atlanta 60 percent white, 40 percent
Negro.
That 60 - 40 percentage emphasizes how essential it is for the
people of Atlanta, on their local level, to solve the problem of racial
discrimination in order to make Atlanta a better place in which to
live .
Elimination of racial descrimination is no far off philosophical
theory to the more than one million people who live in and around
Atlanta. The problem is part and parcel of our daily lives. Its
solution must b e studied and worked out on our homefront.
As the mayor of the Southeast's largest city, I can say to you
out of first hand experience and first hand knowledge that nowhere
does the problem of e liminating discrimination between the races
strike so closely home as it does to the local elected public official.
He is the man who cannot pass the buck.
From this viewpoint, I speak of the problem as having b een
brought into sharp focus by decisions of the Supreme Court of the
�/
United States and then generally ignored by the Presidents and
Congresses of the United States. Like a foundling baby, this awesome problem has been left on the doorsteps of local governments
throughout the nation.
Now to take up specifics. You gentlemen invited me to tell
you how Atlanta has achieved a considerable measure of comparative
success in dealing with racial discrimination.
It is true that Atlanta has achieved success in eliminating
discrimination in areas where some other cities have failed, but
we do not boast of our success. Instead of boasting, we say with _
the humility of those who believe in reality that we have achieved
our measure of success only because we looked facts in the face
and accepted the Supreme Court's decisions as inevitable and as
the law of our land. Having embraced realism in general, we then
set out to solve specific problems by local cooperation between
people of good will and good sense representing both races.
In attacking the specific problems, we accepted the basic
truth that the solutions which we sought to achieve in every instance
granted to our Negro citizens rights which white American citizens
and businesses previously had reserved to themselves as special
privileges.
These special privileges long had been propped up by a
multitude of local ordinances and statewide laws which had upheld
racial segregation in almost every conceivable form.
In Atlanta we had plenty of the props of prejudice to contend
with when we set out to solve our specific problems of discrimination.
In attacking these problems. I want to emphasize that in not one single
instance have we retained or enhanced the privileges of segregation.
It has been a long, exhausting and often discouraging process
and the end is far from being in sight.
In the 1950 1s Atlanta made a significant start with a series
of reasonable eliminations of discrimination such as on golf courses
and public transportation. We began to become somewhat conditioned for more extensive and definitive action, which has been
taking place in the 19 60 1 s.
During the past two and a half years , Atlanta has taken the
following major steps to eliminate racial discrimination :
- 2-
�/
1. In September, 1961, we began removing discrimination
in public schools in response to a court order.
2. In October, 1961, lunch counters in department and variety
stores abolished discrimination by voluntary action.
3. On January 1, 19 62 Atlanta city facilities were freed from
discrimination by voluntary action of municipal officials.
4. In March, 1962 downtown and arts theatres, of their own
volition, abolished discrimination in seating.
5. On January 1, 19 63, the city voluntarily abolished separate
employment listings for whites and Negroes.
6. In March, 1963 the city employed Negro firemen.
ago employed Negro policemen .
It long
7. In May of 1963 the Atlanta Real Estate Board (white) and
the Empire Real Estate Board (Negro) issued a Statement of
Purposes, calling for ethical handling of real estate transactions
in controversial areas.
8. In June, 19 63, the city government opened all municipal
swimming pools on a desegregated basis. This was voluntary action
to comply with a court order .
9. Als o in June, 1963, 18 hotels and motels, representing the
leading places of public accommodations in the city, voluntarily
removed all segregation for conventions.
10. Again, in June, 1963 more than 30 of the city's leading
restaurants, of their own volition, abolished segregation in their
facilities.
You can readily see that Atlanta's steps have been taken in
some instances in compliance with court decisions, and in othe r
instances the steps have been voluntary prior to any court action.
In each instance the action has resulted in white citizens relinquishing special privileges which they had enjoyed under the
practices of racial discrimination. Each action also has resulted
in the Negro citizen being given rights which all others previously
had enjoyed and which he has been denied.
As I mentioned at the beginning, Atlanta has achieved only
-3-
�/
a measure of success. I think it would assist you in understanding
this if I explained how limited so far has been this transition from
the old segregated society of generations past, and also how limited
so far has been the participation of the Negro citizens.
Significant as is the voluntary elimination of discrimination in
our leading restaurants, it affects so far only a small percentage of
the hundreds of eating places in our city.
And participation by Negroes so far has been very slight. For
· example, one of Atlanta's topmost restaur ants served only 16 out of
Atlanta's 200, 000 Negro citizens during the first week of freedom _
from discrimination.
The plan for eliminating discrimination in hotels as yet takes
care only of convention delegates . Although prominent Negroes
have been accepted as guests in several Atlanta hotels, the Negro
citizens, as a whole, seldom appear at Atlanta hotels.
Underly ing all the emoti ons of the s it uation, i s the matter of
economics. It should be remembered that the right to use a facility
does not mean that it will be used or misused by any group, especially the groups in the lowe r economic status .
The state ments I h ave given you cove r the actual progress
made by Atlanta toward tota l e limina tion of di scr im ination.
Now I w ould like to subm it my personal r easons why I think
Atla nta h a s r esolve d some of t he se problems while in othe r cities,
s oluti ons have s eem e d impossibl e a n d strife and conflict have
res ulted .
As an illustration, I would like to de s c ribe a recent v isit of
an offi cial dele gation fr om a great Eastern c ity which has a Negr o
popu la tion of over 600 , 000 consisting of in exce ss of 20% of its
whole populat i on.
The members of this delegation at first simply did not understand and would hardly believe tha t the business , civ i c and political
interest s of Atlant a had intently c oncerned themse lves with t he
Negro population. I still do not believe that they are convinced
that all of our civic bodies backed by the public interest and supported by the City Government have daily concern e d themselves
with an effort to solve our gravest problem -- which is re lations
between our races. Gentlemen, Atlanta has not swept this
-4-
�I
question under the rug at any point. Step by step - sometimes
under Court order - sometime s v oluntarily moving ahead of
pressures - sometimes adroitly - and many times clumsily - we
have tried to find a solution to e a c h specific problem through an
agreeme·nt between the affected white ownership and the Negro
leadership.
To do this we have not appointed a huge general bi-racial
committee which too ofte n m e r e ly b e come s a burial place for unsolved problems. By contrast, each time a specific problem has
come into focus, we have appointed the people involved to work
out the solution . . . Theatre owners to work with the top Negro
leaders . . . or hotel owners to work with the top leadership . . •
or certain restaurant owne rs who of their own volition dealt with
top Negro leadership. By developing the lines of communication
and respectability, w e have been able to reach amicable solutions.
Atlanta is the world's cente r of N e gro higher education.
There are six great Negro universities a nd colleges located inside
our city limits. Because of this, a great number of intelligent,
well-educated Negro citize ns have c ho sen to remain in our city.
As a result of their educat ion, they have had the ability to develop
a prosperous Negro business c ommunity. In Atlanta it consists of
financial institutions like banks - building and loan associations life insurance companies - chain drug stores - real estate dealers.
In fact, they have developed busine ss organizations, I believe, in
almost every line of acknowledge d Ame r ican business. There are
also many Negro professional m e n.
Then there i s anothe r powerful facto r working in the behalf of
good racial relations in ou r cit y . W e have news media, both white
and Negro, whos e le a ders s t rongly believe and put in t o p ra ctice the
gre at t r uth that re sponsib ility of t he p re s s (and b y this I me a n rad i o
and t e levision as well as t he writte n p ress) is inseparable from
freedom of the press .
The leade r ship of ou r written, spoken a nd televised new s
media join with the bus iness and g overnment leadership, both white
and Ne g r o , in w o r king to s olve our prob le ms.
We are fo rtuna t e t hat we have one of the wo r ld fam ous e dito r ial
spoke s men f or reas on and moderation on one of our white newspape rs,
a long with ot her edito rs and many r e porters who stress signi ficance
rather than sensati on in the reporting and inte r pretation of what
happens in ou r city.
- 5-
�I
And we are fortunate in having a strong Negro daily newspaper,
The Atlanta Daily World, and a vigorous Negro weekly, The Atlanta
Inquirer.
The Atlanta Daily World is owned by a prominent Negro family the. Scott family - which owns and operates a number of other newspapers.
The sturdy voices of the Atlanta Daily World and the Atlanta
Inquirer, backed by the support of the educational, business and
religious community, reach out to our Negro citizens. They speak
to them with factual information upon which they can rely. They
express opinions and interpretations in which they can have faith. ·
As I see it, our Negro leadership in Atlanta is responsible and
constructive. I am sure that our Negro leadership is as desirous of
obtaining additional civic and economic and personal rights as is any
American citizen. But by constructive I mean to define Atlanta's
Negro leadership as being realistic - as recognizing that it is more
important to obtain the rights they seek than it is to stir up demonstrations. So it is to the constructive means by which these rights
can be obtained that our Negro leaders constantly address themselves.
They are interested in results instead of rhetoric. They reach for
lasting goals instead of grabbing for momentary publicity. They are
realists, not rabble rousers. Afong with integration they want
integrity.
I do not believe that any sincere American citizen desires to
see the rights of private business restricted by the Federal Government unless such restriction is absolutely necessary for the welfare
of the people of this country.
On the other hand, following the line of thought of the decisions
· of the Federal Courts in the past 15 years, I am not convinced that
current rulings of the Courts would grant to American business the
privilege of discrimination by race in the selection of its customers.
Here again we get into the area of what is right and what is
best for the people of this country. If the privilege of selection
based on race and color should be granted then would we be giving
to business the right to set up a segregated economy? . . . And
if so, how fast would this right be utilized by the Nation's people?
. . . And how soon would we again be going through the old turmoil
of riots, strife, demonstrations, boycotts, picketing?
-6-
�I
Are we going to say tha t it is a ll right for the Negro citizen
to go into the bank of Main street to deposit his earnings or borrow
money, then to go the department store to buy what he needs, to go
to the supermarket to purchase food for his family, and so on along
Main street until he comes to a restaurant or a hotel -- In all these
other business places he is treated just like any other customer - But when he comes to the restaurant or the hotel, are we going to
say that it is right and legal for the operators of these businesses,
merely as a matter of convenience, to insist that the Negro's
citizenship be changed and that, as a second class citizen, he is
to be refused service? I submit that it is not right to allow an
American 1s citizenship to be changed merely as a matter of convenience.
If the Congress should fail to clar ify the issue at the present
time, then by inference it would b e saying that you could begin discrimination under the guise of p r ivate business. I do not believe
that this is what the Supreme Court has intended with its decisions.
I do not believe that this is the intent of Congress or the people of
this country.
I ap1 not a lawyer, Senators. I am not sure I clearly understand all of the testimony inv olving various a mendments to the
Constitution and the Commerce clause whi ch has been given to this
Committee. I have a fundamental r e spect for the Constitution of
the United State s. Under this Constituti on we have always been
able to do what is best for all of the people of this country. I beg
of you not to let this issue of discrimination.drown in legalistic
waters. I am fi r mly c onvinced that the Su preme Court insists
that the same fundamental rights must be he ld by every American
citizen.
Atlanta is a case that proves that the problem of discrimination
can be solved to some extent . . . and I use this "some extent"
cautiously . . . a s we cert a in ly have n ot solved all of the problem s ;
but we have m e t them in a number of areas. This can be done locally,
voluntarily, and by p rivate business it self !
On the othe r hand, there are hundreds of communities and
cities, certainly thr oughout the nat ion that have not ever addr essed
the mse lves to t he i ssue . Whereas, others have flag rantly ignore d
t he demand, and t oday, stand in a ll defiance t o any change.
The Congress of the Unite d Stat es i s now confronted with a
grave de cision. Shall you pass a public acc ommodation b ill t hat
- 7-
�I
forces this issue? Or, shall you create another round of disputes
over segregation by refusing to pass such legislation?
Surely, the Congress realizes that after having failed to take
any definite action on this subject in the last ten years, to fail to
pass this bill would amount to an endorsement of private busine ss
setting up an entirely new status of discrimination throughout the
nation. Cities like Atlanta might slip backwards. Hotels and
restaurants that have already take n this issue upon themselve s
and opened their doors might find it convenient to go back to the
old status. Failure by Congress to take definite action at this
time is by inference an endorsement of the right of private busine ss
to practice racial discrimination and, in my opinion, would start·
the same old round of squabbles and demonstrations that we have
had in the past.
Gentlemen, if I had y our problem armed with the local e x perience I have had, I would pass a public accommodation bill.
Such a bill, however, should provide an opportunity for each local
government first to meet this problem and attempt to solve it on a
local, voluntary basis, with each busine ss making its own decision .
I realize that it is quite easy to ask y ou to g ive an opportunity to
each businessman in each city to make his de cision and to accomplish such an objective . . . but it is extremely difficult to legislate such a problem.
What I am trying to say is that the pupil placement plan,
which has been widely used in the South, provided a time table
approved b y the F e dera l c ourts which h e lped in getting ove r troub l ed
water of elimination of discrimin ation in public schools . It s eems
to me that citie s working with private bu s ine ss institutions could now
move into the same a rea a n d tha t the fe deral g overnme nt l egislation
should be based on the idea t hat those businesse s h ave a reasonable
time to accomplish such an act.
I think a public accommoda tion law now should stand only as
the last resort to a ss ure tha t di sc rimination is eliminated, but that
such a law woul d gra nt a reas ona ble time for cities and busines ses
to carry out t his function before federal intervention.
It might eve n b e n ecessa ry that the time factor b e made more
lenient in fav o r of smaller cities and communities, for we a ll know
tha t la r ge m e tropo litan areas have the capab ility of a djustin g to
c hanges mo re rapidly than smaller communitie s .
- 8-
�I
Perhaps this, too, should be given consideration in your
legislation. But the point I want to emphasize again is that now is
the time for legislative action. We cannot dodge the issue. We
cannot look back over our shoulders or turn the clock back to the
1860's. ·· We must take action now to assure a greater future for
our citizens and our country.
A hundred years ago the abolishment of slavery won the
United States the acclaim of the whole world wh~n it made every
American free in theory.
Now the elimination of segregation, which is slavery's step_child, is a challenge to all of us to make every American free in
fact as well as in theory - and again to establish our nation as the
true champion of the free world.
Mr. Chairman and members of the Committee, I want to
thank you for the opportunity of telling you about Atlanta's efforts
to provide equality of citizenship to all within its borders.
- 9-
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              <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.
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                    <text>WILLIAM J. BRENNAN
Confirmed March, 1957 by voice vote
Only opposition - Senator Joseph McCarthy
EARL WARREN
Confirmed March 1, 1954 by voice vote
Chair announc e d it was unanim ous
POTTER STEWART
Confirm e d M a y 5, 19 5 9 - r oll ca ll vote
Talmadge and Russell both voted no
Note:
The only three e l ect ions or confirmations since Senator Talmadge has
been in office were G old b e rg, White and St ewart . Goldb erg and White
were voi c e v o te s and T a l mad ge v oted no for Stewa rt.
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              <text>WILLIAM J. BRENNAN is

 

Confirmed March, 1957 by voice vote
Only opposition - Senator Joseph McCarthy

EARL WARREN

Confirmed March 1, 1954 by voice vote
Chair announced it was unanimous

POTTER STEWART

 

Confirmed May 5, 1959 - roll call vote
Talmadge and Russell both voted no

Note:

The only three elections or confirmations since Senator Talmadge has
been in office were Goldberg, White and Stewart. Goldberg and White
were voice votes and Talmadge voted no for Stewart,
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                    <text>GGREAT R AfLANTA COUNCIL ON HUMAN RELATIONS
6 Forsyth street, N.
'le
July 17, 19
Dr. John Le son,
re. Grace Hamilton,
rnathy,
on rao
rel tion
Human
lation1 ,
Roo
~!1i
us
ite
and Dr.
{P ohtN
llowell,
· • Donald
cont' renco
ta Council on
dinner
, at Stoufteur•
y; July 22 , 7t
Re tei.urant, li
rth
LeTel).
r Atlantnn who
"tten d t
Confere-no
o l1 d oy Pr eident Kennedy ha
4 partioip te in th in.formal diaouasion.
Th• publ1o 1a inTit 4.
can be
.
lanta Council on Hum,.n
....
rogr as mad
ohanoe for 1u
following
la.t1ona (52 ~1681) •
1n
u. s.
"Figure• prorid. d
rulit1on1 of Atlanta I groe1 a
Cnaua Bunau ahow tht
re4 with oonditiou ot
o
roe•
t rough4 the oount~ as nported by the .Pre 1de :t in hit radio and t'el.'Yiaion.
"
•P•
A
oha.no•
hi
a•
h•
lanta Jegro, lib ot er
r1 an • roe•, hu about halt u
an :tlanta white oiti&amp; n. of oOJDpleti
uoh obano• ot o
loting 0011 · ••
UJ
hi h ao ool and about
OM•
fhe Atlanta egro baa
(u
tional aoene)
• ill Atl
1t11 I ln Atlan
••
1
a ot eam
ly o e10.000
�</text>
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              <text>[ix Me Atl

GGREATER ATLANTA COUNCIL ON HUMAN RELATIONS
5 Forsyth Street, Ne We

July 17, 1968

FOR naanrare RELEASE
™
Dre John son, Mra. Grace Hamilton, Reve Ralph

 
  
 

ernathy, Mre Donald Holiowell,
and Dre Leslie\Dumbar will report on the rec series of White House conferences
on race relations\at a dinner meeting of the Greater Atlanta Council on

Human Relations, Montay, duly 22, 7% » at Stouffeur’s Resteurant, Hearth

Room (Peachtree Level s ‘ oe

Other Atlantans who attended thé Conference callec by President Kennedy have

 
     
  
  

been invited to attend the mo ting and participate in the informal discussione

é
The public is invited. fae ons for the dinner ($2.40) can be made by
calling the office ofthe Greater Atlanta Council om Human Relations (523«1581).

ee

"In gpite of the progress made in Atlabta, Negvc aitizens still have far lese

chance for sugéesse" “Figures provided bythe U. 3. Census Bureau show the

following 9énditions of Atlanta Negroes as o @ with conditions of Negroes
y

throughout the country as reported by the Presid
vision speech!

in hie radio and tele-

“An Atlanta Negro, like other American Negroes, has about half as much
ehance as an Atlanta white oitizen, of completing high school and about one=
third as much chance of completing college. The Atlanta Negro has one-and-a
helf as much chance as his white fellow citizen of becoming unemployed (as
compared to twice as mucha chance on the national seene) but he has only one=
thirtieth, instead of ond-seventR, as much chance in Atlenta of earning $10,000
&amp; year, and one-fourth instead of one-third as much shance as fellow white
citizens in Atlanta of becoming a professional man,”
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                    <text>Th
following i
Negro s?"
Their re pon
Thoee
li
t of ste.blishments which w re aaked nno you adml.-t
e1 follows
plying
pl yiDg
Those
YES
NO
-
Ston Mountain (all t oiliti s)
Bro dv1ew Iidd1eland
Funtown
Stone Acr
Planation
St1.bl of !horo hbred (old utos)The Igloo (ioe skating)
Cop
it '
Atlant
Storyland
fri•City Roller Ri.Dk
l!.nd.
Club P ohtre
Domino Lounge
G rd.en Terraoe (Biltmor)
Th Party
Gold n Palm Lo
(Atluta•
Hank
d J rry' s Rid
y
Xirlg ' a Inn Lounge
Lookout Lo
•
nte Ca.rlo Lo
rioana ••
Pi.galley
Po
eeian Loung
Robinton1 Ga.rd DI
S&amp;D.1 ouol
Zebra Lo
•
The
pay
Pi•dmont Dr1T •1Jl
(Bilt or)
Atlanta. Art .AeeoQ1&amp;t1on. ae.1U,11tnhip


tl t Playboy Cl\tb


lubah
••
The .A: lanta O
1m. Lo • will
a.t the Atlt.nta
11


ro I it o


emit
oke4 in or att•n4illg •
rt.cu.a•
•
•
b.
�GREATER ATI.ANT COUNCIL ON
6 Forsyth Street, • •
LATIONS
Atlanta, Georgia
RESULTS OF TELEPHONE CONVbRSATIONS AS TO INTEGRATION
Hot 1
1
On June 21, 1963,
yor Allen announoed a pl of limit d integ tion at 1,
ot l , whe by th a eetabli hmenta would ace pt N gro a who re deleg ta
to oonv, ntiiona
eting t th a pla.oe o
n the Gr ter Atl :ta Council on .&gt;.\.Ill~
Relation inquired if this ohang
the ituation in r eg rd to individual gro
gu st , inoludi!lg Afrloan ,
yor Allen in£orm&amp;d ue t~t h had mad th annoW1oement
reque'Bted d that
hould oont ot r . Styron of th Hot l Association.
• Styro~not WI that thi no a tter foF- • oh individual hot l or otel; that
it
a not an rem nt by the Aasooiation. Reault of individ l inquiri a ar
shown belows
hotel and
Tho•• Replying
0
~
Boat Inn
Atlant
ilton Inn
llcnrard. Johnson•·, (lf .E.)
aoht e
or
T}i .
Americana Motor Hot l
The Atlantan liotol
the Biltmore Hot l
Dillkl r-Plaia tel
Bon.rd -&gt;ohruron'• (South and North eat)
Pi
nt Hotel
R1Teri.a · el
eata.u~aa
Un une 1, 19 , tho 1.'LANTA COB U1'Utl01 c-.rri•d a. report t t it had •
learned that 50 nataurant were to deHgregat within
t'ew day.. Sin
t t t
11
there ha been varioua liata a,nd varioua announo• nt• and nrioua exper1en •• at
eatq plaoea.
y have oh ed their polioi•••
will state one polioy
when ulr:ed., but will aot d1fter ntly Yhe
onh'on ed with an actual a1tuatio o T
air ot authori · ii that iroula.t.d by
only- liat that bu b n annowioed with
Leater dd • and it oan be said p aitiv ly that that lia-t 1• not a oura.te.
ault•
or telephone inquiri at.bout d••• re ati n pol1oie, or report• fl'Oll oust re who
ban talked wit the - - • r • are ae tollowa•
Tho••
'l'ho
plybg
0
DaJ:man•·1
Garde
••'• (ltali.an)
•• (
.ieb 1 a
n
o
U'a
...
oy Driff•ln
ua
or•yth
•n
Dale'a C•llar
ellere (Pea htree
fb.e
1
of
tel)
�</text>
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              <text>The following is a list of establishments which were asked “Do you admit
Negroes?" Their responses follow?

mae | rns Thos © teplying

Stone Mountain (all facilities) Broadview Kiddieland

Stone Acres Planation Funtown
Stable of Thoroughbreds (old autos)The Igloo (ice skating)
Copa Atlanta Storyland
Wit's ind TrieCity Roller Rink
Club Peachtree
Demine Lounge
Garden Terrace (Biltmore)
The Party

Golden Palm Lounge (AtlantaeAmericana **
Henk and Jerry's dideway

King's Inn Lounge

Lockout Lounge

Monte Carlo Lounge

Pigalley

Polynesian Lounge (Biltmore)
Robinsons Gardens

Sans Souci

Zebra Lounge

The

PLetsees Prtvowks

Atlanta Art Association Membership

NO DEFINITE ANSWER

Atlanta Playboy Club
Kasbeh

** The Golden Palm Lounge will admit Negroes if checked in or attending a
convention at the Atlenta-Americanas

The Atlante Couneil on Human Relations, 5 7” Oe Ne We, Atlanta 3, Georgia
GREATER ATLANTA COUNCIL ON HUMAN RSLATIONS
§ Forsyth Street, N. We. Atlanta, Georgia

RESULTS OF TELEPHONE CONVERSATIONS AS TO INTEGRATION

Hotels:

On dune 21, 1963, Mayor Allen announced a plan of limited integration at 14
hotels and motels, whereby these establishments would accept Negroes who are delegates
to conventions meeting at these places. When the Greater Atlanta Council on Human
Relations inquired if this changed the situation in regards to individual Negro
guests, including Africans, Mayor Allen informed us that he had made the announcement
as requested and that we should contact Mr. Styron of the Hotel Association,

Mre Styron wrote us that this was a matter for each individual hotel or motel, that

it was not an agreement by the Association, Results of individual inquiries are
shown below:

 

Those Replying naan ye
Aiy Host Inn Atlanta Americana Motor Hotel
The Hilton inn The Atlantan Hotel
Howard Johnson's (Naiis) The Biltmore Hotel
Peachtree Manor DinklerePlase Hotel

Howard vohngon's (South and North West)
Piedmont Hotel
Riveria Motel

Resta at

eS 25, 1963, the ATLANTA CONSTITUTION carried a report that it had been
learned that 50 restaurants were to desegregate within a few days. Since that time,
there have been various lists and various announcements and various experiences at
many eating places. Many have changed their policies. Many will state one policy
when asked, but will act differently when confronted with an actual situation. The
only list that has been announced with any air of authority is that ciroulated by
Lester Maddox, and it can be said positively that that list is not accurate. Results

of telephone inquiries about desegregation policies or reports from customers who
have talked with the managers are as follows:

 

 

Those Those 1

rae aes oe ying or

= ice
Yohannen's Camellia Gardens Sellers (Peachtree Hotel)
Herren's Escoe's The Yarn
Caruso's elias fu = 5i§ Boy Drive-in
Davis Brose (not on Forsyth St. House of Eng
Johmy Keb's A him 84
Dale's Cellar Sine take
Cressroads Hong Kong
Miami Buffet Peachtree House
Rex Fine Food

Mama Mie,
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