150 20 10383 https://ivanallen.iac.gatech.edu/mayoral-records/traditional/files/original/fb8021c1447a1d710aa94242b9218fe6.pdf e4e16b3c4875d69c0aaeb1eeb3f5077c Scripto Transcription A written representation of a document. { WHAT IS THE GR.EATER ATLANTA COUNCI~ ON HUMAN RELATIONS •••• ? It is primarily a meeting ground where Negroes and ·whites can discuss their problems and get better acquainted. It works to secure dignity and freedom for all persons and to solve problems without hatred or violence. �2 WHAT DOES . THE .GREATER ATLANTA COUNCIL ON HUMAN RELATIONS DO •• ? By informing, consulting, conferring, it is working ••• • To bring a.bout desegregation of medical and he a lth services and training programs • • To make desegregation of Atlant a' s schools and colleges successful • •To provide a. Student Council for hi gh school and co lle ge s t udents wit h a n opport~nit y to work f or b etter huma n r el a tions i n the i r own a ge gr oup • •To mai nt ain c los e contac t wi t h Negro trans f e r stud ent s and the ir parents • •To increase merit emp loyment. L . To provide hospitality f or f or e ign visitor s in our c ity • • To consu lt with ministers, educators, civic leaders before probl ems become critical. A . To make cultu ral fa cil itie s available to a ll citi zens • • To impr ove housing, education , employment, health service s , public a.ccomodati ons and t he arts for al l c itizens of Grea t er Atlanta. C • I �2 3 WHAT DOES THE .GP.EATER ATLANTA com I Ii, . ON HUMAN RELATIONS DO •• ? By informing, consulting, conferr ng, it is working ••• • To bring a.bout desegregation of medical and health services and ing programs • rain- • To make desegregation of Atlant 's schools and colleges successful • •To prov ide a Student Council fo hi gh schoo l a nd col lege students with an opportunity to work for bette human relations in their own a ge oup • •To maintain close c ontac t wi t h .gro transfer students and the i r par , ts . .To increase merit employment. LAST YEAR THE GACHR HELPED: .To dese greg a te Decatur- DeKalb li.To provide hospitality for f or e i n b rary •• visitors in our city. • To desegregate Grady Hospital training pr ogr ams • • To consult with ministers, educ a ors, • To de segre ga t e Atlanta. movies • civic leaders before problems be ome .To pr e par e a s ur vey of employment critical. practices •••• ALSO GACHR .To make cultural facilit ies avai lable .Couns eled with Transfer Students • to all citizens . • Comp iled a. list of inte gra ted f acilities • • To improve housing, educati on , e ploy. Presented UN Undersec r etary Ra lph ment, health servi c es, publ ic a.c omoBunche and White Hous e Associate dations and the arts for al l cit zens of Pr e s s Se cretary Andre w Ha tcher a s Greater Atlanta.. s pecial speakers to the community • • Opened office and doubled membership • • Distributed a monthl y Newsletter a nd he ld mont hly membe r s hip me etings. COOPERATED WITH OTHER GROUPS �/ 5 IAT IS THE 1963 GOAL OF GACHR •• ? .To increase membership to 1,000 ,To continue monthly luncheons for members and friends (first Mondays at Central Y¾CA) ,To continue monthly Newsletter and periodic special reports ,To continue work in special areas such as education and housing • .To r aise a budget of $ 10,000, which is needed to maintain office and pr ogram: $ 3,300 Offi ce Sec r et ar y • • • • 1, 020 Offi ce r e nt •••••• ~ •• 78 0 Te lephone •• • •• • ••••• 72 0 Postage .•••• • •• • • • •• Su pplies & e quipment 960 Special program pr o j ec ts suc h as student work2,500 shops , etc. Conti ngenc y 72 0 Total $ 10 , 000 CSalaries of Director and Assis t a nt Director, this year pr ov i ded by Uni tarian Servi ce Cojllffiittee, Inc., a world- wide, non-sec t ar i an serv ic e organization, a.spa.rt of it s human relation s program thr oughout the world, tot a l over $ 10,000). • �6 THE GACHR •••• ? HOW CAN YOU HELP •••••••• ? .You can become a member. Annual dues are $ 5 per person or $ 9 per couple • • You can join in soliciting new members and donations ••• • You can submit names of people who may be interested in joining or giving ••• • You can accept a special job to raise funds • • You can give volunteer time a.t office or a.t home ••• • You can collect $1 from people in yo~r church, club or social group who may say "I wish I could do someth i ng" ••• • You can a.ct on your own convictions a,nd encourage others to, do the same •• Greater Atlanta. Council on Human Relations 5 Forsyth Street, · N. w., Atlanta. 3, Ga.. Phone: 523-1581 I would ( ) ( ) ( ) ( ) ( ) like to support the GACHR by becoming a. member volunteering my services giving a. donation soliciting funds office work Name •••••• •••••••••••••••••••••••••••••••• Street• • •••••••••••••••••••••••••••••••••• City •••••••• ~•••••••••••••Zone ••••• St a. te •• Telephone number••••••••••••••••••• •• •••• • ( ) I enclose$ dues ( ) I enclose$ dona t i on � Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Text Any textual data included in the document WHAT IS THE GREATER ATLANTA COUNCIZ ON HUMAN RELATIONS....? It is primarily a meeting ground where Negroes and whites can dis- cuss their problems and get better acquainted. It works to secure dignity and freedom for all per- sons and to solve problems with- out hatred or violence. WHAT DOES THE .GREATER ATLANTA COUNCIL ON HUMAN RELATIONS DO..? By informing, consulting, conferring, it is working... -To bring about desegregation of medical and health services and train- ing programs. eTo make desegregation of Atlanta's schools and colileges successful. elo provide a Student Council for high school and college students with an opportunity to work for better hu- man relations in their own age group. elO maintain close contact with Negro transfer students and their parents. elo increase merit employment. «To provide hospitality for foreign visitors in our city. elo consult with ministers, educators, civic leaders before problems become critical, eTo make cultural facilities availabie to all citizens. -To improve housing, education, employ- ment, health services, public accomo- dations and the arts for all citizens of Greater Atlanta. WHAT DOES THE .GREATER ATLANTA COUNCIL ON HUMAN RELATIONS DO..? By informing, consulting, conferring, it is working... -To bring about desegregation of medical and health services and train- ing programs. elo make desegregation of Atlanta's schoois and colleges successful. elo provide a Student Council for high school and college students with an opportunity to work for better hu- man relations in their own age group. elo maintain close contact with Negro transfer students and their parents. elo increase merit employment. LAST YEAR THE GACHR HELPED: elo desegregate Decatur-—DeKalb li- To provide hospitality for foreibn brary... visitors in our city. -To desegregate Grady Hospital training programs. -To consult with ministers, educators, -To desegregate Atlanta movies. civic leaders before problems betome »ToO prepare a survey of employment critical. practices..e. ALSO GACHR -To make cultural facilities available eCounseled with Transfer Students. to all citizens. eCompiled a list of integrated fa- cilities, «fo improve housing, education, ehploy- «Presented UN Undersecretary Ralph ment, health services, public actomo- Bunche and White House Associate dations and the arts for all citizens of Press Secretary Andrew Hatcher as Greater Atlanta. special speakers to the community. eOpened office and doubled membership, eDistributed a monthly Newsletter and held monthly membership meetings, COOPERATED WITH OTHER GROUPS JAT IS THE 1963 GOAL OF GACHR..? .To increase membership to 1,000 :To continue monthly luncheons for members and friends (first Mondays at Central YWCA) »To continue monthly Newsletter and periodic special reports .To continue work in special areas such as education and housing. .To raise a budget of $10,000, which is needed to maintain office and program: Office Secretary.... $3,300 GELEICE TENE .c6caene 1,020 Te Lepnone ss sivas oe 00's 780 POSTAGE s vcleiseueee ese 720 Supplies & equipment 960 Special program projects such as student work- shops, etc. 2,500 Contingency 720 Total $10,000 (Salaries of Director and Assistant Director, this year provided by Unitarian Service Committee, Inc., a world-wide, non-sectarian service organization, as part of its human relations program throughout the world, total over $10,000). THE GACHR...e? HOW CAN YOU HELP. .caceee? «You can become a member. Annual dues are $5 per person or $9 per couple. «You can join in soliciting new mem- bers and donations... «You can submit names of people who may be interested in joining or giving... «You can accept a special job to raise funds. -You can give volunteer time at office or at home.ee -You can collect $1 from people in your church, club or social group who may say “I wish I could do some- things « «You can act on your own convictions and encourage others to do the same... Greater Atlanta Council on Human Relations 5 Forsyth Street, N. W., Atlanta 3, Ga, Phone: 523-1581 I would like to support the GACHR by becoming a member volunteering my services giving a donation soliciting funds office work LANA Set et et NANG see ee Ces Oe eee be Cees ee eeeases eee ns e6s STCCC Us eas s0 bes ee sees secsieseeeeneveestveee CLEY 6 selaiwsstees eens anes ee CONCe es se Obatess Telephone TSUN) cel ete sa atele ele wielelea a elernicetea bs eTare ¢€ ) I enclose$ dues ( ) I enclose$ donation  Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Box 17, Folder 14, Document 31 Box 17 Box 17 Folder 14 Folder topic: Civil Rights Bill | 1963 https://ivanallen.iac.gatech.edu/mayoral-records/traditional/files/original/df0cc0b3032134b47fca25b41cde92ac.pdf 682bc3ddaf835c6ce1335da64099d8cd Scripto Transcription A written representation of a document. Notices Going Out To Help Mail ZIP By MICHAEL WRIGHT Atlanta postmen were delivering 200,000 notices to postal patrons Monday announcing the start of the Zoning Improvement Plan Code program. "The notice delivered to each resident, business firm, and box holder gives the new five-digit ZIP Code Number to be used in their return address," Postmaster Burl Sanders said at a Monday press conference. ZIP Code, a five-digit coding system, is intended for all classes and types of m ail, he said. "The first digit identifies the geographical area," the postmaster reported. "The second and third .digits, together with the first, identify the major city or sectional center, and the fourth and fifth digits identify the post office or other delivery unit." C. Banks Gladden, Regional Director of the Atlanta region of the Post Office Department, said that the new program for distributing mail was "born of necessity" and may forestall postal rate increases. "The postal service now handles nearly 70 billion pieces of mail annually," Mr. Gladden said. "With the ZIP Code mail will be handled faster and at a lower cost." ZIP CODE will not reduce the number of postal employes, he reported. "Using this new system the Post Office Department will not have to hire additional people to handle increased volumes of mail," Public co-operation is expected , Mr. Gladden said, "because our goal is to reduce operating costs." � Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Text Any textual data included in the document  Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Box 17, Folder 14, Document 30 Box 17 Box 17 Folder 14 Folder topic: Civil Rights Bill | 1963 https://ivanallen.iac.gatech.edu/mayoral-records/traditional/files/original/4cc9c1c856227950c7f0364b99696033.pdf f87f44d060146504e09d8fc7dfd52247 Scripto Transcription A written representation of a document. 7 Mayers off ice Atilnta City Hal 68 Mitchell st city � Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Text Any textual data included in the document 12 JUA ay ar 49 rs office Ataénta City Hal 68 Mitchell st city  Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Box 17, Folder 14, Document 29 Box 17 Box 17 Folder 14 Folder topic: Civil Rights Bill | 1963 https://ivanallen.iac.gatech.edu/mayoral-records/traditional/files/original/7c41821d972bf7deccca136c4052a094.pdf 8c8b39b578a983ab478a37edc269ec2c Scripto Transcription A written representation of a document. Mississipp.i Governor here next Tuesday All Northsiders invited to hear Ross Barnett~s battle plan for South Mississippi's Governor Ross R, Barnett, crisis-tested guardian of Southern conservatism whose strength of mind forced the impulsive U,S, Attorney General Kennedy to retreat in shame and seek other opponents, will address Atlantans next Tuesday night to (July 16) on how the South can restore Constitutional Government, ly He will speak in the ballroom as it will as a tax burden over of the Dinkler Plaza Hotel, start- tne next 30 years for property 1_ ing at 7:30 o'clock, before a owners of this state, first anniversary meeting of the • • • 1_ fast-growing Atlanta Citizens TODAY, Governor Barnett's Council to which admittance is 'p I an for Southwide political free for all white patroitic At- solidarity in the 1964 Presilantans. dential election has Southwide J,K, Callaway of Old Ivy Road, interest, Recently, some 1,000 president of the Atlanta Citizens persons from virtually every Council, says arrangements have Southern state attended a $25-a been m~e to accomodate all who plate dinner meeting in Jackson come, Miss., to cheer Governor Barnett • • • and Alabama's Governor George JAMES H, GRAY, editor and Wallace as they urged the Deep. publisher of The Albany Herald South to unite behind the plan to and until his resignation was ac- block any liberal candidate for cepted by newl y-electedGov- President,. ,and just which nonernor Sanders was chairman of liberal candidate the South will the Georgia St ate Democratic endorse will be the result of unp arty, will introduce Governor emotional, politically-expert deBarnett at the meeting next Tues - cision to get this whole nation day night, Mr, Gray is an able off the hook of communism. speaker, fully informed on the Georgia 's Jim Gray offered pr oblems the South faces and he delegates to that Jackson dinner ,has never wave,;:ed in his res is- me e ting a resolution calling on tance to the indignities offered citi zens in every Southern state_ Southerners since the Kennedys to take all necessary actions for moved into their Washington ·adoption of the Barnett plan and powerhous e. He is the man who that resolution was unanimously e bought the integr ation-threatened adopted, public park in the heart of Albany • • • and made it a pr ivate, segreIn urging all Norths iders to atgated park, His forewor ds in his tend the Tuesday night meeting, introduction of Governor Barnett Northsider Callaway said: • 'Govundoubtedly will be as enlighten- ernor Barnett, by his courageous i ng to Northsiders as will be the actionl:I°, has become the symbol m a in address b Y the notable of Southern determination, He has , Mississippian. been on the firing line, and he has Governor Barnett's plea for not yielded, He has earned the Southern unity in the 1960 Presi- admiration and respect of the dential race resulted in 15 ?eople of Georgia, and of loyal: •electoral' vo tes being cast for Americans everywhere, L e t's . Senator Harry F. Byrd, the Vir- ihow Governor Barnett thatwe 1n, ginia Democrat, for President, Jeorgia share his determination· Georgia Democrats missed the to ~n this fight!" boat in 1960, preferring to barter with Kennedy through a $100 - ·- - - - - - - - - - ~ -· M,11~ ..'1!,11111--!! million bond issue which will .never be forgotten, _coi:itinui . Al ,...- , • ..,,., r. . l ~ ~~ � Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Text Any textual data included in the document - YOM POs A we Pe oad ee ge MAT a tet ge Mississippi Governor here next Tuesday All Northsiders invited to hear Ross Barneti’s battle plan for South Mississippi's Governor Ross R, Barnett, crisis-tested guardian of Southern conservatism whose strength of mind forced the im- pulsive U.S, Attorney General Kennedy to retreat in shame and seek other opponents, will address Atlantans next Tuesday night (July 16) on how the South can restore Constitutional Government. He will speak in the ballroom of the Dinkler Plaza Hotel, start- ing at 7:30 o’clock, before a first anniversary meeting of the fast-growing Atlanta Citizens | Council to which admittance is free for all white patroitic At- lantans. J.K, Callaway of Old Ivy Road, president of the Atlanta Citizens Council, says arrangements have been made to accomodate all who come, * * JAMES H, GRAY, editor and publisher of The Albany Herald and until his resignation was ac- cepted by newly -electedGov- ernor Sanders was chairman of the Georgia State Democratic Party, will introduce Governor Barnett at the meeting nextTues- day night. Mr. Gray is an able speaker, fully informed on the problems the South faces and he has never waveredin his resis- tance to the indignities offered Southerners since the Kennedys moved into their Washington powerhouse. He is the man who bought the integration-threatened public park in the heart of Albany and made it a private, segre- gated park. His forewords in his introduction of Governor Barnett undoubtedly will be as enlighten- ing to Northsiders as will be the main address by the notable Mississippian. Governor Barnett’s ties for Southern unity in the 1960 Presi- dential race resulted in 15 ‘electoral votes being cast for Senator Harry F, Byrd, the Vir- ginia Democrat, for President. Georgia Democrats missed the boat in 1960, preferring to barter as it will as a tax burden over ine next 30 years for property owners of this state, * kk TODAY, Governor Barnett's plan for Southwide political solidarity in the 1964 Presi- dential election has Southwide interest. Recently, some 1,000 persons from virtually every Southern state attended a $25-a plate dinner meeting in Jackson Miss., to cheer Governor Barnett and Alabama's Governor George Wallace as they urged the Deep. South to unite behind the plan to block any liberal candidate for President, . and just which non- liberal candidate the South will endorse will be the result of un- emotional, politically-expert de- cision to get this whole nation off the hook of communism. Georgia's Jim Gray offered delegates to that Jackson dinner meeting aresolutioncalling on citizens in every Southern state to take all necessary actions for ‘adoption of the Barnett plan and that resolution was unanimously adopted. _* * In urging all Northsidersto at- tend the Tuesday night meeting, Northsider Callaway said; ‘'Gov- ernor Barnett, by his courageous actions, has become the symbol of Southerndetermination. He has, been on the firing line, andhehas not yielded. He has earned the admiration and respect of the veople of Georgia, and of loyal Americans everywhere. Let’s show Governor Barnett that wein. seorgia share his determination: to win this fightl*’ with Kennedy through a $100 - million bond issue which will never be forgotten, continuing]  Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Box 17, Folder 14, Document 28 Box 17 Box 17 Folder 14 Folder topic: Civil Rights Bill | 1963 https://ivanallen.iac.gatech.edu/mayoral-records/traditional/files/original/4f084b5b9fccd53c99a55a9eccec9fb0.pdf 15e6b681674e0aa3e769b6e206814da9 Scripto Transcription A written representation of a document. BACKGROUND: A Handbook for Reporters covering the desegregation of Atlanta Public Schools prepared by OASIS Organizations Assisting Schools in September Room 813, SO Whit hall Street, S.W. Atlanta 3, Georgia J �A List of People You May Want to Interview ATLANTA PUBLIC SCHOOLS Sup erintendent: Dr. John W. Letson City H all - Ja 2-3381 Deputy Superint endent: Dr. Rua! W. Stephens ATLANTA BOARD OF EDUCATION Chairman: L J. O'Callaghan 11 Marietta St., N . W. - Ja 1-0238 A ttorney: A. C. (Pete) Latimer Healey Building - 521-1282 ATLANTA DEPARTMENT OF POLICE Chief: Herbert T. Jenkins 175 Decatur St., S.E. -Ja 2-7363 ATLANTA CHAMBER Of COMMERCE President: Ben S. Gilmer American Telephone Co.: 529-8611 Executive Vice President: Opie L. Shelton Commerce Building - 521-0845 ATTORNEY GENERAL OF THE STATE OF GEORGIA Eugene Cook State Judicial Building - Ja 5-0401 ATTORNEYS FOR THE TRANSFER STUDENTS Donald L. Hollowell 859 Hunter St., S.W. - Ja 5-8372 E. E. Moore, Jr. 175 Auburn Ave., N.E. - Ja 4-6861 FEDERAL DISTRICT JUDGE, NORTHERN DISTRICT OF GEORGIA Frank A. H ooper, Jr. Old Post Office Building - Mu 8-3517 GENERAL ASS EMBLY COMMITTEE ON SCHOOLS Chairman: John A. Sibley Trust Company of Georgia - Ja 2-6000 GOVERNOR OF THE STATE OF GEORGIA S. Ernest .Vandiver State Capitol - Ja 1-177 6 GREATER ATLANTA COUNCIL OF CHURCHES President: Dr. Arthur Vann Gibson Church Office: Tr 2-8939 Executive Director: Dr. Loren T . Jenks 163 Walton St. , N.W. - Ja 3-2796 GREATER ATLANTA AND GEORGIA COUNCILS ON HUMAN RELATIONS Director (Atlanta ): Mrs. Walter Paschall 41 Exchange Pl. , S.E. - 525-6468 Director (Georgia): Mrs. William C. Pauley 41 Exchange Pl. , S.E. - 525-6468 �GUTS (GEORGIANS UNWILLING TO SURRENDER) Lester G. Maddox Home: Ce 3-4374, Business: Tr 4-9344 HOPE, IN C. (HELP OUR PUBLIC EDUCATION) Chairman: Mrs. Thomas M. Breeden Home: Bl 5-3820 LEAGUES OF WOMEN VOTERS OF ATLANTA AND GEORGIA President (Atlanta): Mrs. Rushton Coulborn 1036 Peachtree St., N.E. - 876-0732 President (Georgia ·: Mrs . Fleming Law 7 - 17th St. - Tr 2-4075 Public R elations Chairman: Mrs. Edward Vinson , Dr 7-5286 MAYOR OF THE CITY O.F ATLANTA William B. H artsfield City H all - Ja 2-4463 N. A. A. C. P.-ATLANTA BRANCH President: Reverend Samuel W. Williams Church Office: Mu 8-0206 Executive Director: James Gibson 236 Aubu rn Ave., N .E . - M u 8-6064 OASIS (ORGANIZATION S ASSISTING SCHOOLS IN SEPTEMBER) G eneral Chairman: Mrs . Philip Hammer Home : Ce 3-0955 Vice Chairman: Rev. Allison Williams Church Office: Ce 7-6491 Vice Ch airman: Mrs. William S. Shelfer Dr 3-0765 Secretary -Treasurer: Mrs. Hamilton Lokey Ce 7-4215 Executive Director: Mrs. J. C. Harris 50 Whitehall St. - Ja 5-8469 Pub lic Information Chairman: M rs. D avid Neim an - Ce 7-0209 SO U THERN REGI ONAL COUNCIL Executi ve Director: Dr. Leslie W . Dunbar 5 F orsyth St. , N .W. - 522-8764 STAT E D EPARTMENT OF EDUCATION Superintendent: D r. Claude Purcell State Office Building - 688-2390 UNITED CHUR CH W O MEN OF ATLANTA President: Mrs . P hil B. Narmore 872-5 862 �RALPH Atlanta has sought in all things to be a responsible city. This is her great tradition. As early as December 1889, Henry W. Grady, whose name is on our modern and beautiful city hospital, on one of our finest schools, on one of our hotels, and whose statue stands in the heart of our city, said, in a speech made to the Merchants of Boston : "The problem of race ... is so bound up in our honora ble obligation to the world th at we would no t disentangle it if we could ... I would rather see my people render back this question rightl y solved th an to see them gather all the spoils over which fac tion has contended since Cataline conspired and Caesar fought. " This was Grady's basic a pproac h. His opinions, dealing with the context of hi s time, do not all jibe with tod ay's. But, he was rig ht in the great sense .. . it must be rightly solved. This is the city which welcomed back General Sherman, not many years after the war, and gave him a tremendous reception , including a dinner attended by Confederate veterans who directl y had opposed him-a nd who had been driven from the city which he proceeded , in time, to burn. This is the city which has always tri ed to look forw ard , not backward . It has never wa nted to be an old Southern city, caught like a fl y in amber, and dying of qu aintness and musty charm. From the tim e the so und of hammers and the ras p of saws bega n to be heard in the rebuilding of the city after Sherman's fires had died , we have sought to bu ild into th e city a belief in the principles of thi s country, of justice and opportunity. We have not always succeeded . T he record is not unm arred. But we h ave never ceased to try. One of our great strengths is that there have [ 2] �..L been attracted here the graduates of the many institutions over the nation. Every year we are pleased to carry items about the local alumni of Wisconsin , of Minnesota, of California, of Princeton , Yale, Harvard , Smith, Radcliff, Vassar, et al, who are to have a luncheon or dinner and are calling on the faithful to attend. Atlanta has attracted, too, many of the more ambitious young men and women from the smaller cities and towns of our own state and others of the South. We are a city of transportation and communication , and this has brought t·o us young executive and professional men . This press pack is an example. A great many persons, all volunteers, have worked on it. They want yo u to know that after the school decision by the U. S. Supreme Court, this was a city in which there was a debate and a continuing exchange of ideas. The White Citizens Councils, the Klans, and others of that mentality, could , and did, have their say. But they were answered. They did not dominate. They could not coerce or intimidate, as they did in neighboring states. The men and women who have compiled this press pack represent volunteer citizen organizatio ns wh ich have worked for public schools-and for the orderly processes of law. We, of the press, radio and television , have helped them have their say . We commend them to you. One never knows. The forces of evil and violence are unpredictable. But we believe that the overwhe lmin g sentim ent in thi s city is for lawf ul procedures. W hat we chiefly want yo u to know is that we have not been idle. We h ave not sa t with folded hands and wa ited. We h ave not left it for others to do. The people of the city have tried to organize public opinion , and , more important, to inform it. Th is press pack contains the essence of that effort. RALPH McGI LL Publisher, The Atlanta Constitution [3] �CITY OF A T LA NTA OFF ICE of th e MAYOR A t lanta 3, G e o rg ia To the Gentlemen of the Press: On behalf of the City of Atlanta, it is my pleasure to extend you a cordi al welcome. · You have traveled far in order to be present as history is once again made in Atlanta . Knowing Atlanta and her people , I have every confidence that the story you flash to the world will be a positive, dramatic picture of a great City facing profound change with di gnity; a City continuing to be a credit to the N ation ; a City too busy to hate. May your stay with us be both enjoyable and rewarding. And when you go , may you take with you in your mind a memory of the South at its best, and in your heart, a desire to return. We ar e always glad to have you with us. Sincerely yours, Mayor [ 4] �CITY OF ATLANTA DEPARTMENT of POLICE Atlanta 3, Georgia ST ATEMENT OF HERBERT T . JENKINS, CHIEF OF THE ATLA NTA POLICE DEPA RTMENT "T he Board of E ducati on and the Superintendent of Schools bas original and ·complete jurisdiction to operate the public schools of Atlanta. In accordance with state and F ederal regulations and u nder order fro m the Federal Court, the Atlanta schools will be desegregated when school opens on August 30, 196 1. "If an y person or persons object to the m anner or method of operation of the A tlanta Public Sch ools, those objecti ons must be m ade to the Superintendent of School's offi ce at the City H all, and u nder no circum stances will objections be disc ussed , or disturbances be permitted at any of the ind ividua l schools. "Local and State laws have always surrounded and provided special protection for public worship and public schools. Section 36. 14 of the City Code forbid s distu rbi ng public schools and states that 'no person, at or near any p ublic sch ool, shall , by co nversation, sign, or otherwise, engage the attention of any of the pupil s, to the disturbance of such school. ' 'The highest value of the law is the keepin g of the peace- the Atlanta Police D epartment has fu ll responsibility and authority to maintain the peace and good order over the entire city, and espec iall y at and aro und the schools." August 1, 1961 [ 5] �BACKGROUND: ATLANTA {19S4-1961) When the Supreme Court Decision of May 1954 put an end to legal segregation in the nation's schools, Georgia, like other deep South states, adopted an official policy of last-ditch legal resistance. Despite protests from the Georgia Education Association, the League of Women Voters and oth~r responsible citizens' groups, the General Assembly of 1955 adopted a "Private School Plan" which included , among other measures, a provision to cut off funds from any school system which attempted to desegregate. Secure in their legal "Magi not Line" and unhampered by fea r of Federal initiative in enforcing the ruling in "Brown vs. Topeka," most Georgians felt the Supreme Court's emphasis was on the word "deliberate" rather than "speed." Schools would continue in the traditional way; regional mores would remain unchanged. The bitter lessons of Little Rock and Norfolk were as yet unlearned. The changes in Baltimore, St. Louis and Louisville were not deep-South enough to stir Georgians from the blanket of apath y which then covered the entire school question. The first brush with realit y came in January 1958, when a group of Atlanta Negroes. in a "class action ," filed suit agai nst the Atlanta School Board . The suit (Calhoun et al vs. Latimer ) asked that the School Board be enjoi ned from practicing racial discrimination in the public schools. When in June of 19 59 U. S. District Judge Frank Hooper ruled in favor of the pl aintiffs and ordered the Atlanta Board to submit a plan for desegregation by the fo llowing December, the handwriting was clearl y on the wall. The [ 6 ] �School Board had no alternative but to submit a plan. Yet any plan to desegregate Atlanta's schools would be squarely in conflict with Georgia's m assive resistance laws and would automatically fo rce their closure. Meanwhile, in October of 1958, echoes from Norfolk and Little Rock began to reverberate along the Peachtrees. Anxious letters were written to the newspapers. Isol ated groups of citizens held meetings. In November, the School Committee of the Atl anta League of Women Voters publicly submitted ten questions to the School Board, the most important of which was, "Will every school in A tlanta close if the Courts order integration?" T he School Board withheld a public answer since the y were litigants in the pending Court suit; but an Atlanta Constitution columnist outlined the city's dilemma. On November 25th, under the auspices of the League of Women Voters, an open meeting was called to discuss ways and means of keeping schools open. A steering committee was fo rmed to seek coopera tion with the business and fi nanci al leadership of A tl anta. Since it was felt that a public stand at that time would be undesira bl e and premature, the steering committee neve r got off th e ground . T he disengagement of the loca l power structure , the unyielding "never" of the State political leadershi p and th e strident, often threatening segregationist voices clai ming th at "no school s are better than in tegrated ones" were powerful deterrents to organized community action. Yet because the Atlanta papers respo nsibly reported the news fro m other So uth ern cities, pointing out editoriall y the tragic consequences of m assive resista nce elsewhere, ma ny A tl antan s realized their public schools were in jeopardy and sought a way to save them. On December 9, 1958, eighteen white parents chartered HOPE, Inc. (Help O ur P ublic Education), choosing to avoid the integration vs. segregation iss ue by taking an u ncomplicated stand [ 7 ] �for open public schools, period. Conceived primarily as an educational organization designed to clear up the fog of confusion engendered by "massive resistance," "interposition" and other socalled alternatives to compliance, it rapidly became a rallying ground for moderates who previously had suffered to remain silent. With the fervor and enthusiasm only amateurs could maintain, HOPE spawned a welter of public manifestos (Ministers, Educators and Doctors, to name just a few) and generated enough interest by March of 1959 to hold a public rally which drew upwards of 1,500 people and some prominent speakers in support of open schools (Atlanta Mayor Hartsfield, Publisher Ralph McGill, Georgia Legislator M. M. (Muggsy) Smith and Editor Sylvan Meyer) . Favorable press, radio and television coverage Iof the March rally established a bona-fide "Open Schools Movement." HOPE chapters formed in Gainesville, Marietta, Jonesboro, Rome, Athens, Macon and Savannah with other nuclei of interested supporters in cities and towns throughout the state. Inevitably there was opposition, much of it wellfinanced and organized. In addition to the States Rights Council led by Augusta politico, Ro y Harris, the Klans and White Citizens Councils, Atlanta-based centers of resistance such as MASE (Metropolitan Association for Segregated Education) and later GUTS (Georgians Unwilling to Surrender) headed by Lester Maddox, now a candidate in the five-cornered Atlanta m ayoralty race, sprang up to harass open school advocates. On November 30, 1959 the Atlanta School Board submitted a stair-step plan for desegregation of the public school s begi nning with the 12th grade (given in full elsewhere in this pamphlet) . Judge Hooper approved the plan on January 20, 1960 and ordered it into effect the following September; or as soon as the General Assembly of Georgia could enact statutes to allow Atlanta schools to operate. [ 8] �In an attempt to influence legislative action, open school supporters mounted an educational crash program. Mayor Hartsfield proclaimed a "Save Our Schools Week" in Atlanta. Representatives of state-wide civic groups joined together in a coordinated effort. Legislators, business leaders and other opinion-makers throughout the state received repeated mailings underlinin·g the social, economic and educational disasters accompanying school closings elsewhere. The Fulton and DeKalb County legislative delegations which previously had withheld unanimous support, promised to seek legislative change. They were joined by a handful of salons from other parts of the state; but the prevailing sentiment when the General Assembly convened was to let Atlanta bear the brunt of school closings to preserve segregation elsewhere in Georgia. · All during the legislative session public pressure in behalf of open schools grew stronger. Delegations of open school supporters called on Governor Vandiver, Senator Russell, Senator Talmadge and as many legislators as they could buttonhole. As a. result, the Legislature appointed a nineteenmember "General Assembly Committee on Schools" empowered to conduct hearings in each of the State's Congress ional Districts to find out whether "the people of Georgia may wish to make a deliberate determination as to whether future education is to be afforded through direct tuition payments for use in private schools devoid of governmental control , or whether the public school system as it presently exists shall be maintained notwithstanding that the school system of A tlanta and even others yet to come may be integrated . . . " Cynics regarded the Committee as a delaying tactic at best. It had power only to inquire and recommend and it was a foregone conclusion that most Georgians considered "race-mixing" far more disastrous than the abandonment of public education. Yet the strong grass-roots support for [ 9 ] �open schools in nearly every part of the State was a surprise to almost everyone. The Committee had the good fortune to be chaired by widely-respected John Sibley, Chairman of the Board of the Trust Company of Georgia. Mr. Sibley conducted the hearings with good-humored dignity and impartiality. The importance of the "Sibley Commission" in awakening Georgians to the alternatives they faced cannot be overestimated. When the Committee issued its report in April 1960, the 11-member m ajority recommended a Freedom of Choice plan, somewhat similar to Virginia's. The 8-member minority_ stood fast for segregation, even at the cost of closed schools. The division within the Committee itself reflected the sharp differences of opinion in the state. Yet for the first time in the deep South, the majority of an all-Georgia committee appointed by the State Legislature with the blessings of the State Administration recommended that existing laws be changed to allow some desegregation . . . before a Negro ch ild actually applied to enter a w hite public school. After the publication of "The Sibley Report,., Judge Hooper stayed integration of Atlanta schools for a year. On May 9, 1960, he amended the Atlan ta Plan to include desegregation of the 11th and 12th grades at the beginning of the J96 l school year. The Atlanta Plan was to become effect ive "whether or not the General Assembly of Georgia at its session in January I 961 passes permissive legislation. " In Judge Hooper's words, "to order the Atlanta Public Schools to integrate . . . in September 1960 could mean but one thing; that is, the closing of Atlan ta's schools. To postpone this ... will give the Georg ia Legislature ... one last cha nce to prevent thi s closing. " I mmedi ately fo llowi ng this fina l Court decision , HOPE called a "Georgia Open Schoo ls Co nference" attended by 500 delegates in vited from some 87 Georgi a cities, towns or counties. Edward [ 10] �R. Murrow televised this Conference in a nationwide documentary "Who Speaks for the South." As it became more acceptable to speak out openly for legislative change, many came forward with strong public statements. As a Gainesville editor put it, "You can hear minds changing all over Georgia." In the F all of 1960, open school advocates initiated "Operation Las t Chance," taking their cue from Judge Hooper's words . Armed with forthright statements from Churches (all faiths and every important denomination, including the influential Georgia Baptist Convention) ; business leaders (the Atlanta Chamber of Commerce, the Atlanta Jaycees and key individuals throughout the State); lawyers (the Atlanta and Georgia Bar Associations); educators (the Georgia Education Association , "Mr. Jim" Peters, venerable Ch airman of the State Board of Education) ; and m any others, the issue was kept constantly before the public. "D ays of Deci sion" Forums were held in Athens, Rome, A lbany, Columbus, Augusta and Savannah to plead the case for legislative change. The Georgia Chamber of Commerce conducted its own Legislative Forums, with Administration floor-leaders F r ank Twitty and Carl Sanders finding a preponderance of open-school sentiment and refl ecting this in their public statements. All this was played again st the backdrop of New Orlea ns which remained in the headlines throughout the F all. Coincident with the opening of the 1961 Legislati ve Session was the now-famous "Athen's crisis. " When two Negroes were ordered ad mitted to the Uni versity of Georgi a by U . S. District Judge W illi am A. Bootle, Governor Vandiver and the Legislature were prov ided a chaotic exa mpl e of what "bitter-end " resistance meant. Existi ng statutes wo uld fo rce closing Georgia's beloved University ( the nation's oldest state-supported institution of higher learn ing ) and this was too bitter a pill fo r even the strongest segregationists. On [ 11 ] �January 18, 1961 , S. Ernest Vandiver, who had been elected Governor of Georgia only two years prior on a platform which said he would never permit desegregation , underwent a dramatic reversal. In o~der to save the schools of Georgia , he offered a "Child Protection Plan ," through which a community can decide by local school board action or a referendum whether it wants to close its schools when it faces a court order to desegregate. If a community decides for open schools, tuition grants provide mone y for children not wishing to attend integrated schools. The Legislature promptly repealed the mandatory closing Jaws and adopted the Governor's four-bill package. The open schools advocates bad won their bat tle. Atlanta was now free to comply with its Court order, with no threat of school closings. Applications for transfer to the 11th arid 12th grades were submitted by 133 Negro children between May 1st and May 15th. After an exhaustive series of tests and interviews (required by the Atlanta Plan) ten were chosen to enter four previously allwhite high schools (Brown, Grady, Murphy and Northside) . 38 others are still in the process of appealing the Board's decision to reject their applications. One white child, Sandra Melkild, now attending Northside High School, has requested transfer to another presently all-white school , basing her request on "freedom of association ." The Atlanta School Board has denied her a transfer. On August 9th the State School Board overruled the Atlanta Board's decision ; but Judge Hooper has ordered a stay of the State Board of Education's ruling, pending a hearing. Once the conflict between State and Federal laws was resolved , emphasis shifted to desegregation with dignity. The organizations comprising the " Open Schools Movement" sent representatives to call on Dr. John Letson , Superintendent of Atlanta Public Schools, early last February to ask what citizens might do to help create a climate [ 12 ] �of calm, dignified compliance with the law. It was suggested that church, business, service and youth groups outside the immediate jurisdiction of the school administration be encouraged to play a leading role in this effort through public discussion and dissemination of information. A new group, in fact an Organization of organizations, was formed with a broad base of community support. Its name: OASIS (Organizations Assisting Schools in September) an acronym Atlantans feel is descriptive of their city. OASIS, with its 53 affiliates, is divided into three sections-Religious, Civic and Service Groups and Youth-serving Agencies. Members range from service clubs and Girl Scouts to labor unions and the National Association for the Advancement of Colored People. Its activity has been lowkey but intensive, seeking to work through already existing organizational machinery to reach hundreds of thousands of Atlanta's citizens. OASIS has stimulated hundreds of meetings throughout the long, hot Atlanta summer. 126 volunteer discussion leaders h ave been on call to assist at gatherings varying from 200 in the Southwest Community Council to half-a-dozen an~ious parents meeting in a neighbor's living room. A Speaker's Bureau, headed by an ex-president of The Toastmasters, provides information for business and service groups. A troupe of Theater Atlanta Players has presented improvised desegregation skits for teenagers at camps and youth centers all over town . OASIS has brought over one hundred white and Negro youth leaders together and encouraged Atlanta's more prominent citizens to speak out in behalf of responsible compliance. OASIS' Religio us Section spearheaded the observance of "Law and Order Weekend (Friday, August 25th through Sunday, August 27th) during which Atlanta's prolifery of churches and synagogues conducted special prayers for peacefu l transition. Ministers were asked to take their [ I3 ] �vacations before August 15th so that they would be on hand to give moral leadership. All faiths have participated in this effort, with leading clergy and lay representatives playing active roles as catalysts. All of these efforts have received considerable support from Atlanta's newspapers, television and radio stations. Mayor William B. Hartsfield's repeated assertions that Atlanta will preserve its reputation for .g ood race relations have been followed by public and private measures designed to prevent trouble. Police Chief Herbert T. Jenkins has had officers from his department observing racial disturbances in other cities for two and one-half years. The Chief has publicly proclaimed that law and order will be maintained and warned would-be violators of penalties. School Superintendent, Dr. John Letson, has told Atlantans that anything less than desegregation with peace and dignity will "exact a price that will not be paid in full for a generation." And when school opens on August 30th, this city hopes to demonstrate that careful planning and intelligent preparation can prevent the violence that has accompanied school integration nearly everywhere else in the deep South. AN EDITORIAL P.S. WE HOPE YOU WILL READ In writing the forego ing p iece, we h ave tried to give you "just the facts. " Now Jet us tell you what's in our hearts. We had a double purpose in preparing this kit. If our schools desegregate smoothly and without incident- and the overwhelming majority of A tlantans are praying that they will- we wanted you to know why. If a rock is thrown or a demonstration staged, you ought to know that is not the whole story of our city. Ask any of our local newsmen to tell you about the " Open Schools Movement." They'll say we·re [ 14] �,, a bunch of starry-eyed amateurs-a strictly grassroots-type operation held together chiefly with scotch tape and imagination. But they'll also tell you that we held together-through three interminable uphill years to accomplish what those who thought they knew all about Georgia said never would happen in our generation. Who took part in the "Open Schools Movement?" The ordinary people who live in Atlanta-and believe ir or not, much of Georgia. The printer who donated pamphlets and hand-bills on a "pay if yo u get it" basis. The businessmen wh-o gave an office and typewriter, stationery, erasers and all that scotch tape. The lawyers who voluntered their time and brainpower to unsnarl the tangled legal thickets. But most of all, the women of Atlanta who licked the stamps, organized the meetings and stayed on the telephone until they finished the job. Yes, the unsung heroines of the "Open Schools Movement" are mostly ordinary housewives and mothers who left beds unmade and meals uncooked to insure their children's educational future. Is it over yet? Not by a long shot. There are those with whom old ways die hard. We have beard the nation's most m ilitant racists are marshaling their forces to make a stand at this "Second Battle of Atlanta." You must have heard it too- or most of you wouldn't be h ere. W hen the "symbolic ten" go to their classrooms, segregation in Georgia's common schools will be offici ally over. T here are those who wish the ten could be a thousand. There are many who object to even one. But whatever the views that divide them, A tlantans are united in a single hope : that the story that unfolds on August 30th will be m uch different from the one you might have expected . A nd when ten Negro children go to school on Wednesday, the heart of A tlanta will go i n with them. MRS. DAVfD N E IMAN Public Information Chairman OASIS ( Organizations Assisting Schools in September) [ 15 ] �Atlanta Public Schools CTTY HALL ATLANTA 3, GEORGIA To Representatives of the Press, Radio and Television: Citizens of Atlanta have long recognized that good schools are an essential part of a great city. Recent developments have demonstrated a determination on the part of all concerned to assess realisticaf!y the problems we face and to proceed with the educational tasks ahead. Teachers and others who are a part of the Atlanta public school system face the future with confidence and with the firm conviction that changes and adaptations will be made as circumstances require. I am certain that I speak for all school personnel in saying that we are happy to be a p ~rt of a great city that we are convinced will become still greater in the year ahead. Sincerel y, John W. Letson Superintendent JWL/frk [ 16 ] �jv ATLANTA l::C::. CH AM BER Of COMM ERCE 1301 COMM ERCE SUILOING / P.0, SOX 17 4 0 /ATLANTA I , GEOl'tGIA / '21•084 5 ~ f Dear Visitor: A tlanta is on trial. But so are the mass communications media of this n ation. How well we both conduct ourselves will have a great and lasting effect on this city. We, the busines leaders of this city, have never faltered in our solid support of our officials in their determin ation to obey the Jaw. We do not intend to let lawlessness impede this mature city's quest for greatness. We are going to continue to do everything possible here in Atlanta to p lay our rightful role among American cities. We like to think of ourselves as responsible citizens. We know we, in turn, can look to each of you - our visitors- fo r the same high degree of responsible journalism. Sincerely, Opie L. Shelton Executive Vice President [ 17 J �The Atlanta Plan, Amended January 18, 1960, Provides: " Whereas, The State Board of Education has not promulgated rules and regulations relative to the placement of students in the schools, and thfa Board has the inherent power of pupil placemen t, and more complete regulations are necessary. " Now therefore: To insure orderly procedures of uniform application for pupil assignment, transfer, and / or placement, and to enable the continuing improvement of the educational advantages offered the following rules and procedure shall be followed: " ( 1). In the assignment, transfer or continuance of pupils . .. the following factors and the effects or results thereof shall be considered , with respect to the individu al pupil , as well as other relevant matters: "availabie room and teaching capacity in the various schools; "the availab ility of transportation facilities; " the effect of the admission of new pupils upon established or proposed academic programs; "the suitability of established curricula for particular pupils; " the adequacy of the p upil 's academic prepara tion for admission to a particular school and curriculum; " the schol astic aptitude and relative intelligence or mental energy or ability of the pupil; " the psychological qualification of the pupil for the type of teachin g and associations involved ; " the possibility or threat of friction or disorder among pupils or oth ers; " the poss ibility of breaches of the peace or ill will; " the effect of admission of the pupil upon the academic progress of other students in a pa rticular school or fac ility thereof; " the effec t of ad mi ssion upon preva iling academic standards at a particul ar school; " th e psychol og ical effect upon the pupi l of at tend ance at a part icul ar school; " the home environment of th e pupil ; " the maintenance or severance of establi shed soc ial and psychological rel atio nships with other pup il s and with teachers; " the choice and interests of the pupil ; " the ability to accept or confor m to new and different ed ucationa l environment; " the moral s, cond uct, health and personal stand ards of the pupil ; " the request or consent of parents or guardi ans and the reaso ns ass igned th erefo r. " (2). The C ity Superintendent of Schools wi ll ad minister these prov isions, subject to the supervision of the Board. [ 18 ] �(3). The Superintendent will designate the school to which each child applying for assignment or transfer shall go. "All existing school assignments shall continue without change until or unless transfers are directed or approved by the Superintendent or his duly authorized representative. " ( 4) . Applications for admission, assignment, or transfer and/ or placement shall be directed to the Superintendent and delivered to the school principal between M ay 1st and May 15th. (5). A separate applica tion must be filed for each child. (6). Application forms must be filled out and signed by parents or guardians and notarized. The Superintendent may require interviews, tests, and investigation. (7) . Notice of action taken shall be mailed to parents or gua rdians within thirty days or not later than June 15th and will be final action " unless a hearin g before the Board is requested in writing within ten days from the date of mailin g such sta tement." (8) . Parents may file in writing objections to as, ignment or request transfer to "a designated school or to another school." The Board shall act on same within a reasonable time. A hearing will be begun within twenty days of decision by the Board that a hearing is necessa ry. (9). H ea rings on requests for transfers shall be conducted by the Board or not less th an three of the members of the Board , and decisions "of the members or a majority thereof sha ll be deemed a fin al decision by the Board ." (I 0). Unless postponement is requested by the parents or guardi an, the Board will notify them of its decision within ten days after conclusion of the hearings. Every appeal shall be fin all y conducted by the Board before September 1st. Any person dissatisfied with the final decision of the Board may appeal to the State Board of Education. (1 1). Th e Boa rd may ass ign certain pupils to vocational o r other special schools or termin ate their public school enrollm ent altogeth er. ( 12). " Beginnin g September 1, 1960, or on September 1, fo ll owin g favorable action by the General Assembly of Geo rgia, student assignm ent in the Atl anta Public School System shall be made in accord ance with aforesa id rules and regul ations and with out rega rd to race or color. F or the fi rst school yea r in which it is effecti ve, th e pl an shall app ly to the students in the 12th grade. Th ereafter , in each successive year, th e pl an shall be ex panded to the immediate lower grade; e.g. in 196 1-62 grade 11th, in 1962-6 3 gra de 10th, etc. , until all grades a re includ ed. "•:• ( 13) . " N othin g conta ined in this resolution shall prevent the separation of boys and girl s in any sch ool or grade or to prevent the assignment of boys and girls to separa te schools.·· ( 14). T hese ru les shall be contin gent upon th e enactmen t of sta tutes by the General Asse mbly o f G eorgia and shall be submi tted to the Genera l Assembly fo r approval. • O n May 9, 1960 U. S. Distri ct Jud ge H ooper rul ed th a t the P la n of t he Atla nta Boa rd of E duca ti o n fo r grad ua l desegrega tio n be put into o perat io n o n May 1, 1961. A pplicat ions to the twelfth a nd e leve nth grades of the Atla nta Public Schools were received fro m May I to I 5. [ 19 ] �The Atlanta Public Schools: Some Facts and Figures Prepared by the Atlanta Department of Education THE FOUR SCHOOLS TO BE DESEGREGATED Brown High School, named for Joseph E. Brown, Civil War governor of Georgia, is located at 765 Peeples Street, S.W. West End, as the section is popularly known, is an old and established part of the city where the population now comprises low to middle income families, although many longtime residents still retain and live in their fine old homes. It is a section of strong loyalties and considerable pride of accomplishment. The principal of the school, Maxwell Ivey, formerly principal of Hutchinson Elementary School and former Director of Athletics and coach of champion football teams, is serving his first year as a high school principal at Brown. The school may be reached from City Hall by driving west on Whitehall, thence to Gordon, left on Peeples for three blocks. There are about 1200 students and 50 teachers in the school. In 1961 there were 131 graduates with approximately 45 % attending college. Both students and teachers are very loyal to the school and its fine tradition of good conduct and high ideals. Murphy High School was opened in 1930. Its present principal is George M. McCord whose tenure as principal began in 1942. Mr. McCord is well known in national camping circles, is very active in YM CA, and other youth serving organizations. Thei address of the school is 256 C lifton Street, S.E., adjacent to Memorial Drive. The school may be reached by going east on Memorial Drive for approximately 3 miles. There are approximate ly 1200 students and 50 teachers in the school. Of the 205 graduating this year, about 50% continued in college. The community is a section of moderate priced homes, law abidi ng citizens, and church-going population. The school is particularly noted for a balanced program of meeting student needs and interests. Henry Grady High School was created in 1947 from old Boy's High School and old Tech H igh School which was once situated in the same building and on the same grounds. Named for Henry W. Grady, famous orator a nd newspaperman, the school h as taken great pride in its preparation of students for college. Located at 929 Charles Allen Drive. N. E .. ( formerly Parkway Drive) the school is relatively close to the downtown section but is also accessible to very fine resident ial areas of the city. T he school population ranges from families of lower middle in- [ 20] �comes to relatively high incomes, with considerable diversity in religious and ethnic composition. It may be reached by way of Peachtree, Ponce de Leon and Charles Allen Drive; or by Peachtree and 10th Street. The principal is Roger H . D erthick (i ncid entally, brother of Lawrence Derthick, former U. S. Commissioner of Education) who is president of the Atlanta Teachers Association. The school has an enrollment of about 1500 students and there are uO or more teachers. Approximatel y 80 % of the students continue their educatio n in college. Northside High School , whose address is 2875 Northside Drive, N .W. , is located in an upper income section of the city. Mr. W. H . Kelley has been principal of the schoo l since its inception in l 950. The school is in that portion of the c ity annexed in 1952. Former coach and Engl,ish teacher, he presides over the school with humor and dignity. The school has an enrollment of approximately 1100 a nd there are about 45 teachers. More than 88 % of the 242 graduates this year will conti nue in college. The school has maintained strong lead in football championships in recent years and is one whe re students indica te a strong school spirit. The school may be re ached by going north on the Expressway to Northside Drive, or by going Peachtree Road to West Wesley, turn left to Nortbside, then right one block. Historical Facts About Atlanta School System Established in 1872 with an enrollment of 3293 elementary pupils and 301 high school students. Inauguration of 6-3-3 orga niza tion in 1923 with 8 junior and 4 senior high schools. Enrollment 53,49 1 students in alJ sch ools. E stablishment of communi ty, co-educational comprehensive high schools in 1947. Total enrollment 60,761. Annexation of 39 schools and approximately 20,000 new st udents in 1952. Decentra liza tion of administrati on and Area organiza tion 1956. More than 42 millions expend ed fo r new school buildings since 1946. Board of Education P resident, L. J . O'Cal! aghan; Oby T. Brewer, Jr.; Dr. Rufus E. Clement; Ed S. Cook; Glenn Frick; Elmo Holt; Harold F. Jackson; Mrs. Clifford N . Ragsdale; Fred M . Shell. Administration Superintendent, D r. John W. Letson; D eputy Superintendent, D r. Rua ! W. Steph ens; Assista nt Superintendents, J arvis Ba rnes, J. Everette D eVa ughn; Area Superintendents, Dr. H . A. Bowen, Dr. Ed S. Cook, Jr. , D. W . H eidecker, Warren T . Jackson, D r. G. Y. Smith; Comptroll er, E . R. Holl ey. Direct ors and Supervisory Staff D irectors 18; Co-ordin ators and Supervisors 7; reso urce personnel 3 J. Area O rganization Decentra lization of administra tion and instructi onal supervis ion by subd ividin g to 5 geograp hica l school areas under Area Su perintendents and supervisory staffs. [ 21 ] �Schools Structural organiza tion : Elementary, kindergarten through 7; high schools, grades 7-12; 2 vocational schools; 2 evening high schools; 2 evening vocational schools; 5 special schools. No. of No. Enrollment A.D.A. Teachers Elementa ry High Schools TOTALS 75,302 29,456 104,758 119 26 145 63,562 24,640 88,202 2,265 1,220 3,485 High Schools Minimum requirements for diploma (beyond 8th grade) : English 4 units, social studies 3 units, m ath 2 units, science 2 units, "activities" 2 units, electives 5 units. College preparatory a nd distinctive diploma curricula available in all high schools. % Noof No. of A11e11ding A .D.A . Grad11a1es College Name Tea chers 23% 120 50 988 Archer 45% 36 665 112 Bass 45 % 51 1087 131 Brown 516 D ykes 25 27 547 80 East Atla nta 41 924 177 20% Fulton 552 George 30 64 80% 1356 Grady . 60 256 81 1784 243 29% Howard Murphy 49 1030 48% 205 53 1091 239 85% North Fulton ·242 44 981 88% Northside 42 O'Keefe 786 87 23% 1614 29 % Price 78 200 43 840 25 % 107 Roosevelt Smith 36 532 18% 98 1147 47 % Southwest 53 234 Sylvan 46 1021 41 % 179 Therrell 29 585 1623 Turner 69 201 45 % 2243 106 W ashingto n 324 68 % 1072 West Fulton 52 148 21 % finances Operating budget, 30 millio ns. Sources of income: local taxes 55.1 %; sta te taxes 28.2 %; other sources 2.5%; cash b ala nce 14.2 %. Allocation: administrat io n 2.1 %; instruction 71.9 %; m a intenance 4.7 %; operation 7 .0 %; opera tin g b alance 5.6%; others 8.7 %. Tea cher Salaries (Annu a l sa lary in 12 monthly payments) Certifica1io11 Mi11 in111111 Maxim 11111 Years to R each M axi11u11n $4308 4500 4920 5520 $6540 7164 7896 8688 19 22 24 25 B.A. . M.A . . . . 6 year College Doctorate Buildings and Grounds Category E lementary High School TOTALS . No. Units 130 45 175 No. Acres 535.5 343.1 878.6 [ 22 ] No. Classrooms 2 194 1186 3380 Va/11e $4 1,985,331 30,692 ,01 I 72,677 ,324 �libraries No .of Books 280,211 208,413 488,624 Categories Elementary High School TOTALS Cafeterias 0 \.) "' . ?- ~ cCo <:~ --.l "' -"' 0~ cC <: "' .'§. ., ~ ~ ~Cl:) "'t: c:i 1,312,974 306,972 1,619,946 .,, .., ~ -~"' Circulation <:~ <., "' ~ Elementary 113 5,416,697 8,813,776 $1,806,116 $1,820,732 High Schools . 24 1,666,919 2,445,01 5 921,274 920,331 TOTALS 137 7,083,616 11 ,258,791 2,727 ,390 2,741,063 Special Education "' -~ cCo 0 \.) Elementary High Schools TOTALS ~--::::~ "5: -:: .§"' 'e::"!=: -..:::: :::: ~-:- "'"' "'0 ~~ ~:t: 60 11 71 20 2 22 ,.,"< i;; Co "' - ~-~ "' c,-<:, "' ..::; ~c:i a r,.. 4 0 4 11 2 13 112 18 130 Co 'i~ . :; "'"' 17 3 20 ~ 0 0 Radio and Television Education Radio a nd television statio ns owned by Board of Education. Over 500 radio and TV sets in the schools;" over 60,000 studen ts viewing and hea ring 89 radio a nd 58 TV programs per week in 139 schools. TV instruction in Health, General Science, General Biology, World History, Physics, Social Stud ies, Mathematics, Frenc h and S panish. Health and Physical Fitness Required of all e lementa ry p upils a nd 8th a nd 9th grade stude nts. Interscholastic a thle tic program in 2 3 high schools comprises J7 teams in each hjgh school in 10 different activities under 11 5 teacher-coaches. P a rticipatio n, exclusive of bands a nd pep squads, by 5,000 students in 113 home games viewed by 200,000 spectators. Audio-Visual Education Esta blished in 1921, one of the oldest educa tional aud iovisual depa rtments in the na tion; school system has 5,000 pieces of A-V equipment and 10,000 A-V items; 2,000 presentations in classrooms; planetarium for space science instruc tion; primate ho use with fu ll-time instructor. Future Plans and Needs Three new high schools; 400 additiona l elemen tary c lassrooms; warehouse a nd school services building; administration building; c urriculum development, super-visory, and materia ls center; a utoma ted da ta processing equipment a nd staffing; expansion o f curricular a nd instructional leade rship program . [ 23 ] �MAPS of high school grounds by Atlanta Police Dept. BROWN HIGH SCHOOL GOROoN' l HENRY GRADY HIGH SCHOOL I N [ 24 ] �Red line marks curb across adjacent streets. This line encloses area off-limits to public and press. MURPHY HIGH SCHOOL -r-=- C I TY LIMIT fJEKALB co. ~ M NORTHSIDE HIGH SCHOOL fr ~ (\ <,;- . ] ~~I ,~ ~ JlW. -l1- -· - WESLE Y RO - 11- --------·-- ----- -- . J [ 25 ] . N �1 ~ Information About the Transfer Students All of the ten transfer students, in the words of Deputy School Superintendent Rua! Stephens, " have outstanding school academic records, made excellent scores on the tests given them and very favorable impressions" when the y were interviewed by school officials. Some of the 10 were accepted in spite of the fact that their residences are nearer their present schools than the schools they asked to attend . School officials said that in such instances there were factors of " overriding importance" which figured in the decisions to accept the students. In one case, a youth aspired to go to the Naval Academy at Annapolis and was unable to get the ROTC training or special college preparatory courses in m athematics and physics at his present school. School officials m ade it clear from the beginning th at an important consideration in whether a Negro student was accepted or rejected would be his chances of doing well in a new school environm ent. Those finally accepted had composite test scores wh ich in most instances exceeded the median composite scores of the grades and schools to which the y are being transferred. Allen , D emaris-16 years old. Accepted for the 12th Grade, Brown High School. Composite test score: 94.6. Median in 12th Grade at Brown: 66.4. Asked for transfer in order to receive speci al training in social studies , science and mathematics. Special interest: Arch aeology. Previous extra-curricul ar activities : Dramatic and Dance Clubs, Junior Red Cross, Honor Society. [ 26 ] �Black, Willie Jean-15 years old. Accepted for 11th Grade, Northside High School. Composite test score: 93 .8. Median in 11th Grade at Northside: 82.8. Asked for transfer because of superior curriculum offered in science and mathematics. Special interest: Medical career. Previous extracurricular activities: Laboratory assistant, Honor Society, Science program at Morris Brown College. Gaines, Donita-16 years old. Accepted for 11th Grade, Northside High School. Composite test score: 92. Median in 11th Grade at Northside: 82.8. Asked for transfer because of superior curriculum . Special interest : Engineering. Previous extra~curricular activities : Honor Society, Library Assistant, Student Government, Y-Teens. Ho lmes, Marth a A on-17 years old . Accepted for 12th Grade, Murph y High School. Composite test score : 72.2. Median in 12th Grade at Murphy : 65.6. Asked for transfer because of crowded conditions at Howard High School. Special interests: Chemistry and m athem atics. Previous extra-curricul ar activities: Band, Business-office assistant, English Club, Honor Society, Student Government. Jefferson , Lawrence-] 7 years old. Accepted for 12th Grade, Grady High School. Composite test score : 85.8. Median in 12th Grade at Grady: 79. Asked for transfer because of overcrowding at Howard H igh School. Speci al interests: Mathemat ics and English. Previous extra-curricular activities: Honor Society, Student Government, Cit y-wide Stude nt Council. [ 27 ] �McMullen, Mary James-16 years old. Accepted for 12th Grade, Grady High School. Composite test score: 69.6. Median in 12th Grade at Grady : 79. Asked for transfer because of overcrowding at Howard High School. Special interests: Social Science teaching. Previous extra-curricular activities: Basketball, Choir, Cheerleading. Nix , Madelyn-15 years old. Accepted for 11th Grade, Brown High School. Composite test score : ·83 .6. Median in 11th Grade at Brown: 65.8. Asked for transfer because of superior curriculum in mathematics and physics. Special interest : Medical ·career. Previous extra-curricular activities : Honor Society, Orchestra, Student Government. Simmons, Arthur C.-16 years old. Accepted for 12th Grade, Northside High School. Composite test score : 84.4. Median in 12th Grade at Northside : 84. Asked for transfer because of superior curriculum, particularly Mechanical D rawing. Special interest: Engineering. Previous extra-curricular activities : Honor Society. Walton , Rosalyn- 16 years old. Accepted for 11th Grade, Murphy High School. Composite test Score: 56.8. Medi an in 11th G rade Murphy: 67 .8. Asked for tra nsfer because of proxim ity to home. Special interest : E lementary school teaching. Previous extra-curricular activities : Choi r, Honor Society. Welch, Thomas E .-1 6 years old . Accepted for 11th Grade, Brown High School. Compos ite test score: 89 .2. Median in 11th G rade at Brown: 65.8. Asked for transfer in order to take ROTC, unava ilable at Washington H igh School. Special interest : Admission to A nnapolis and future N aval Career. P revious extra-curricular activities : Chorus. [ 28 l �Sigma Delta Chi Code of Ethics I. The primary function of newspapers is to communicate to the human race what its members do, feel and think. Journ a lism, therefore, demands of its practitioners the widest range of intelligence, of knowledge, and of experience, as well as natural and trained powers of observation and reasoning. To its opportunities as a chronicle are indissolvabl y linked its obligations as teacher and interpreter. II. To the end of findin g some means of codifying sound practice in just aspirations of Am erican Journ a lism these gains are se t forth: 1. RESPONS!BlLITY The right of a newspaper to attract and hold readers is restricted by nothin g but consideration of p ub lic we lfa re. The use a newspaper m akes of th e sha re of public attention it gai ns, se rves to determ ine its sense of responsibility whi ch it shares wi th ever y m ember o f its staff. A jo urn a list who uses his power for any selfish or o th erwise un wo rthy purpose is faithless to a h igh tru st. 2. FREEDOM OF THE P RESS Freedo m of th e press is to be guarded as a v ita l rig ht of m a nki nd. It is th e unqu estion able rig ht to di sc uss whatever is not explicitl y forbidden by law, incl uding the wisdom of any restrictive statu te. 3. I NDE PENDENCE Freedom fro m a ll ob liga tions, except th at o f fide lity, to th e pub lic in terest is v it al. A. Pro motion of any p ri vate interest, co ntrary to the ge nera l we lfa re, for whateve r reaso n, is not co mpatib le with honest journalism. So-called news co mmuni ca ti ons from private sources should not be published wi th o ut public notice of their sou rce or e lse substa ntiation of their claims to va lue as news, bo th in fo rm and substance. B. Pa rtisanship, in editorial comm ent, whi ch knowingly departs fro m the truth, does vio lence to the best spirit of journ a li sm ; in the news columns, it is sub versive of a fu nd amental pri nciple of the p rofessio n. 4. ALL SINCERITY, TRUST, ACCURACY. Good fa ith with the reader is the fo un datio n of all journa lism worthy of the name. [ 29 ] �Youth-Serving Organizations Section: Chairman, Mrs. John Steinhaus Co-Chairman, Mrs. R. H. Brisbane Atlanta Boys Clubs Atlanta Girls Clubs Atlanta Jewish Community Center Bethlehem Community Center B'nai B'rith Youth Organization Girl Scouts Grady Homes Community Girls Club Interdenominational Youth Center Religious Education Association Salvation Army Temple Youth Group Wesley Community House YMCA YWCA Religious Organizations Section: Co-Chairmen: Reverend Nat Long Reverend Norman Shands Atlanta Chapter, American Jewish Committee Diocesan Council of Catholic Women Georgia Council of Churches Greater Atlanta Counci l of Churches Interdenominational Ministerial Alliance United Church Women of Atlanta and Georgia Churches of every faith: Catholic, Eastern and Greek Orthodox, Jewish and Protestant; and every denomination within each faith: Jewish : Orthodox, Conservative, Reform. Protestant : Alli ance, Assembly of God, Baptist, Christian Science, C hurch of Christ, Church of God , Congregation al, Episcopal, Friends, Holiness, Latter Day Saints, Lutheran, Methodist, N aza rene, Primitive Baptist, Presbyteri an, Salvation Army, Seventh Day Adventists, United Liberal , Unity. [ 32 ] - �~ 37 � Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Text Any textual data included in the document BACKGROUND: A Handbook for Reporters covering the desegregation of Atlanta Public Schools prepared by OASIS Organizations Assisting Schools in September Room 813, SO Whit hall Street, S.W. Atlanta 3, Georgia J �A List of People You May Want to Interview ATLANTA PUBLIC SCHOOLS Sup erintendent: Dr. John W. Letson City H all - Ja 2-3381 Deputy Superint endent: Dr. Rua! W. Stephens ATLANTA BOARD OF EDUCATION Chairman: L J. O'Callaghan 11 Marietta St., N . W. - Ja 1-0238 A ttorney: A. C. (Pete) Latimer Healey Building - 521-1282 ATLANTA DEPARTMENT OF POLICE Chief: Herbert T. Jenkins 175 Decatur St., S.E. -Ja 2-7363 ATLANTA CHAMBER Of COMMERCE President: Ben S. Gilmer American Telephone Co.: 529-8611 Executive Vice President: Opie L. Shelton Commerce Building - 521-0845 ATTORNEY GENERAL OF THE STATE OF GEORGIA Eugene Cook State Judicial Building - Ja 5-0401 ATTORNEYS FOR THE TRANSFER STUDENTS Donald L. Hollowell 859 Hunter St., S.W. - Ja 5-8372 E. E. Moore, Jr. 175 Auburn Ave., N.E. - Ja 4-6861 FEDERAL DISTRICT JUDGE, NORTHERN DISTRICT OF GEORGIA Frank A. H ooper, Jr. Old Post Office Building - Mu 8-3517 GENERAL ASS EMBLY COMMITTEE ON SCHOOLS Chairman: John A. Sibley Trust Company of Georgia - Ja 2-6000 GOVERNOR OF THE STATE OF GEORGIA S. Ernest .Vandiver State Capitol - Ja 1-177 6 GREATER ATLANTA COUNCIL OF CHURCHES President: Dr. Arthur Vann Gibson Church Office: Tr 2-8939 Executive Director: Dr. Loren T . Jenks 163 Walton St. , N.W. - Ja 3-2796 GREATER ATLANTA AND GEORGIA COUNCILS ON HUMAN RELATIONS Director (Atlanta ): Mrs. Walter Paschall 41 Exchange Pl. , S.E. - 525-6468 Director (Georgia): Mrs. William C. Pauley 41 Exchange Pl. , S.E. - 525-6468 �GUTS (GEORGIANS UNWILLING TO SURRENDER) Lester G. Maddox Home: Ce 3-4374, Business: Tr 4-9344 HOPE, IN C. (HELP OUR PUBLIC EDUCATION) Chairman: Mrs. Thomas M. Breeden Home: Bl 5-3820 LEAGUES OF WOMEN VOTERS OF ATLANTA AND GEORGIA President (Atlanta): Mrs. Rushton Coulborn 1036 Peachtree St., N.E. - 876-0732 President (Georgia ·: Mrs . Fleming Law 7 - 17th St. - Tr 2-4075 Public R elations Chairman: Mrs. Edward Vinson , Dr 7-5286 MAYOR OF THE CITY O.F ATLANTA William B. H artsfield City H all - Ja 2-4463 N. A. A. C. P.-ATLANTA BRANCH President: Reverend Samuel W. Williams Church Office: Mu 8-0206 Executive Director: James Gibson 236 Aubu rn Ave., N .E . - M u 8-6064 OASIS (ORGANIZATION S ASSISTING SCHOOLS IN SEPTEMBER) G eneral Chairman: Mrs . Philip Hammer Home : Ce 3-0955 Vice Chairman: Rev. Allison Williams Church Office: Ce 7-6491 Vice Ch airman: Mrs. William S. Shelfer Dr 3-0765 Secretary -Treasurer: Mrs. Hamilton Lokey Ce 7-4215 Executive Director: Mrs. J. C. Harris 50 Whitehall St. - Ja 5-8469 Pub lic Information Chairman: M rs. D avid Neim an - Ce 7-0209 SO U THERN REGI ONAL COUNCIL Executi ve Director: Dr. Leslie W . Dunbar 5 F orsyth St. , N .W. - 522-8764 STAT E D EPARTMENT OF EDUCATION Superintendent: D r. Claude Purcell State Office Building - 688-2390 UNITED CHUR CH W O MEN OF ATLANTA President: Mrs . P hil B. Narmore 872-5 862 �RALPH Atlanta has sought in all things to be a responsible city. This is her great tradition. As early as December 1889, Henry W. Grady, whose name is on our modern and beautiful city hospital, on one of our finest schools, on one of our hotels, and whose statue stands in the heart of our city, said, in a speech made to the Merchants of Boston : "The problem of race ... is so bound up in our honora ble obligation to the world th at we would no t disentangle it if we could ... I would rather see my people render back this question rightl y solved th an to see them gather all the spoils over which fac tion has contended since Cataline conspired and Caesar fought. " This was Grady's basic a pproac h. His opinions, dealing with the context of hi s time, do not all jibe with tod ay's. But, he was rig ht in the great sense .. . it must be rightly solved. This is the city which welcomed back General Sherman, not many years after the war, and gave him a tremendous reception , including a dinner attended by Confederate veterans who directl y had opposed him-a nd who had been driven from the city which he proceeded , in time, to burn. This is the city which has always tri ed to look forw ard , not backward . It has never wa nted to be an old Southern city, caught like a fl y in amber, and dying of qu aintness and musty charm. From the tim e the so und of hammers and the ras p of saws bega n to be heard in the rebuilding of the city after Sherman's fires had died , we have sought to bu ild into th e city a belief in the principles of thi s country, of justice and opportunity. We have not always succeeded . T he record is not unm arred. But we h ave never ceased to try. One of our great strengths is that there have [ 2] �..L been attracted here the graduates of the many institutions over the nation. Every year we are pleased to carry items about the local alumni of Wisconsin , of Minnesota, of California, of Princeton , Yale, Harvard , Smith, Radcliff, Vassar, et al, who are to have a luncheon or dinner and are calling on the faithful to attend. Atlanta has attracted, too, many of the more ambitious young men and women from the smaller cities and towns of our own state and others of the South. We are a city of transportation and communication , and this has brought t·o us young executive and professional men . This press pack is an example. A great many persons, all volunteers, have worked on it. They want yo u to know that after the school decision by the U. S. Supreme Court, this was a city in which there was a debate and a continuing exchange of ideas. The White Citizens Councils, the Klans, and others of that mentality, could , and did, have their say. But they were answered. They did not dominate. They could not coerce or intimidate, as they did in neighboring states. The men and women who have compiled this press pack represent volunteer citizen organizatio ns wh ich have worked for public schools-and for the orderly processes of law. We, of the press, radio and television , have helped them have their say . We commend them to you. One never knows. The forces of evil and violence are unpredictable. But we believe that the overwhe lmin g sentim ent in thi s city is for lawf ul procedures. W hat we chiefly want yo u to know is that we have not been idle. We h ave not sa t with folded hands and wa ited. We h ave not left it for others to do. The people of the city have tried to organize public opinion , and , more important, to inform it. Th is press pack contains the essence of that effort. RALPH McGI LL Publisher, The Atlanta Constitution [3] �CITY OF A T LA NTA OFF ICE of th e MAYOR A t lanta 3, G e o rg ia To the Gentlemen of the Press: On behalf of the City of Atlanta, it is my pleasure to extend you a cordi al welcome. · You have traveled far in order to be present as history is once again made in Atlanta . Knowing Atlanta and her people , I have every confidence that the story you flash to the world will be a positive, dramatic picture of a great City facing profound change with di gnity; a City continuing to be a credit to the N ation ; a City too busy to hate. May your stay with us be both enjoyable and rewarding. And when you go , may you take with you in your mind a memory of the South at its best, and in your heart, a desire to return. We ar e always glad to have you with us. Sincerely yours, Mayor [ 4] �CITY OF ATLANTA DEPARTMENT of POLICE Atlanta 3, Georgia ST ATEMENT OF HERBERT T . JENKINS, CHIEF OF THE ATLA NTA POLICE DEPA RTMENT "T he Board of E ducati on and the Superintendent of Schools bas original and ·complete jurisdiction to operate the public schools of Atlanta. In accordance with state and F ederal regulations and u nder order fro m the Federal Court, the Atlanta schools will be desegregated when school opens on August 30, 196 1. "If an y person or persons object to the m anner or method of operation of the A tlanta Public Sch ools, those objecti ons must be m ade to the Superintendent of School's offi ce at the City H all, and u nder no circum stances will objections be disc ussed , or disturbances be permitted at any of the ind ividua l schools. "Local and State laws have always surrounded and provided special protection for public worship and public schools. Section 36. 14 of the City Code forbid s distu rbi ng public schools and states that 'no person, at or near any p ublic sch ool, shall , by co nversation, sign, or otherwise, engage the attention of any of the pupil s, to the disturbance of such school. ' 'The highest value of the law is the keepin g of the peace- the Atlanta Police D epartment has fu ll responsibility and authority to maintain the peace and good order over the entire city, and espec iall y at and aro und the schools." August 1, 1961 [ 5] �BACKGROUND: ATLANTA {19S4-1961) When the Supreme Court Decision of May 1954 put an end to legal segregation in the nation's schools, Georgia, like other deep South states, adopted an official policy of last-ditch legal resistance. Despite protests from the Georgia Education Association, the League of Women Voters and oth~r responsible citizens' groups, the General Assembly of 1955 adopted a "Private School Plan" which included , among other measures, a provision to cut off funds from any school system which attempted to desegregate. Secure in their legal "Magi not Line" and unhampered by fea r of Federal initiative in enforcing the ruling in "Brown vs. Topeka," most Georgians felt the Supreme Court's emphasis was on the word "deliberate" rather than "speed." Schools would continue in the traditional way; regional mores would remain unchanged. The bitter lessons of Little Rock and Norfolk were as yet unlearned. The changes in Baltimore, St. Louis and Louisville were not deep-South enough to stir Georgians from the blanket of apath y which then covered the entire school question. The first brush with realit y came in January 1958, when a group of Atlanta Negroes. in a "class action ," filed suit agai nst the Atlanta School Board . The suit (Calhoun et al vs. Latimer ) asked that the School Board be enjoi ned from practicing racial discrimination in the public schools. When in June of 19 59 U. S. District Judge Frank Hooper ruled in favor of the pl aintiffs and ordered the Atlanta Board to submit a plan for desegregation by the fo llowing December, the handwriting was clearl y on the wall. The [ 6 ] �School Board had no alternative but to submit a plan. Yet any plan to desegregate Atlanta's schools would be squarely in conflict with Georgia's m assive resistance laws and would automatically fo rce their closure. Meanwhile, in October of 1958, echoes from Norfolk and Little Rock began to reverberate along the Peachtrees. Anxious letters were written to the newspapers. Isol ated groups of citizens held meetings. In November, the School Committee of the Atl anta League of Women Voters publicly submitted ten questions to the School Board, the most important of which was, "Will every school in A tlanta close if the Courts order integration?" T he School Board withheld a public answer since the y were litigants in the pending Court suit; but an Atlanta Constitution columnist outlined the city's dilemma. On November 25th, under the auspices of the League of Women Voters, an open meeting was called to discuss ways and means of keeping schools open. A steering committee was fo rmed to seek coopera tion with the business and fi nanci al leadership of A tl anta. Since it was felt that a public stand at that time would be undesira bl e and premature, the steering committee neve r got off th e ground . T he disengagement of the loca l power structure , the unyielding "never" of the State political leadershi p and th e strident, often threatening segregationist voices clai ming th at "no school s are better than in tegrated ones" were powerful deterrents to organized community action. Yet because the Atlanta papers respo nsibly reported the news fro m other So uth ern cities, pointing out editoriall y the tragic consequences of m assive resista nce elsewhere, ma ny A tl antan s realized their public schools were in jeopardy and sought a way to save them. On December 9, 1958, eighteen white parents chartered HOPE, Inc. (Help O ur P ublic Education), choosing to avoid the integration vs. segregation iss ue by taking an u ncomplicated stand [ 7 ] �for open public schools, period. Conceived primarily as an educational organization designed to clear up the fog of confusion engendered by "massive resistance," "interposition" and other socalled alternatives to compliance, it rapidly became a rallying ground for moderates who previously had suffered to remain silent. With the fervor and enthusiasm only amateurs could maintain, HOPE spawned a welter of public manifestos (Ministers, Educators and Doctors, to name just a few) and generated enough interest by March of 1959 to hold a public rally which drew upwards of 1,500 people and some prominent speakers in support of open schools (Atlanta Mayor Hartsfield, Publisher Ralph McGill, Georgia Legislator M. M. (Muggsy) Smith and Editor Sylvan Meyer) . Favorable press, radio and television coverage Iof the March rally established a bona-fide "Open Schools Movement." HOPE chapters formed in Gainesville, Marietta, Jonesboro, Rome, Athens, Macon and Savannah with other nuclei of interested supporters in cities and towns throughout the state. Inevitably there was opposition, much of it wellfinanced and organized. In addition to the States Rights Council led by Augusta politico, Ro y Harris, the Klans and White Citizens Councils, Atlanta-based centers of resistance such as MASE (Metropolitan Association for Segregated Education) and later GUTS (Georgians Unwilling to Surrender) headed by Lester Maddox, now a candidate in the five-cornered Atlanta m ayoralty race, sprang up to harass open school advocates. On November 30, 1959 the Atlanta School Board submitted a stair-step plan for desegregation of the public school s begi nning with the 12th grade (given in full elsewhere in this pamphlet) . Judge Hooper approved the plan on January 20, 1960 and ordered it into effect the following September; or as soon as the General Assembly of Georgia could enact statutes to allow Atlanta schools to operate. [ 8] �In an attempt to influence legislative action, open school supporters mounted an educational crash program. Mayor Hartsfield proclaimed a "Save Our Schools Week" in Atlanta. Representatives of state-wide civic groups joined together in a coordinated effort. Legislators, business leaders and other opinion-makers throughout the state received repeated mailings underlinin·g the social, economic and educational disasters accompanying school closings elsewhere. The Fulton and DeKalb County legislative delegations which previously had withheld unanimous support, promised to seek legislative change. They were joined by a handful of salons from other parts of the state; but the prevailing sentiment when the General Assembly convened was to let Atlanta bear the brunt of school closings to preserve segregation elsewhere in Georgia. · All during the legislative session public pressure in behalf of open schools grew stronger. Delegations of open school supporters called on Governor Vandiver, Senator Russell, Senator Talmadge and as many legislators as they could buttonhole. As a. result, the Legislature appointed a nineteenmember "General Assembly Committee on Schools" empowered to conduct hearings in each of the State's Congress ional Districts to find out whether "the people of Georgia may wish to make a deliberate determination as to whether future education is to be afforded through direct tuition payments for use in private schools devoid of governmental control , or whether the public school system as it presently exists shall be maintained notwithstanding that the school system of A tlanta and even others yet to come may be integrated . . . " Cynics regarded the Committee as a delaying tactic at best. It had power only to inquire and recommend and it was a foregone conclusion that most Georgians considered "race-mixing" far more disastrous than the abandonment of public education. Yet the strong grass-roots support for [ 9 ] �open schools in nearly every part of the State was a surprise to almost everyone. The Committee had the good fortune to be chaired by widely-respected John Sibley, Chairman of the Board of the Trust Company of Georgia. Mr. Sibley conducted the hearings with good-humored dignity and impartiality. The importance of the "Sibley Commission" in awakening Georgians to the alternatives they faced cannot be overestimated. When the Committee issued its report in April 1960, the 11-member m ajority recommended a Freedom of Choice plan, somewhat similar to Virginia's. The 8-member minority_ stood fast for segregation, even at the cost of closed schools. The division within the Committee itself reflected the sharp differences of opinion in the state. Yet for the first time in the deep South, the majority of an all-Georgia committee appointed by the State Legislature with the blessings of the State Administration recommended that existing laws be changed to allow some desegregation . . . before a Negro ch ild actually applied to enter a w hite public school. After the publication of "The Sibley Report,., Judge Hooper stayed integration of Atlanta schools for a year. On May 9, 1960, he amended the Atlan ta Plan to include desegregation of the 11th and 12th grades at the beginning of the J96 l school year. The Atlanta Plan was to become effect ive "whether or not the General Assembly of Georgia at its session in January I 961 passes permissive legislation. " In Judge Hooper's words, "to order the Atlanta Public Schools to integrate . . . in September 1960 could mean but one thing; that is, the closing of Atlan ta's schools. To postpone this ... will give the Georg ia Legislature ... one last cha nce to prevent thi s closing. " I mmedi ately fo llowi ng this fina l Court decision , HOPE called a "Georgia Open Schoo ls Co nference" attended by 500 delegates in vited from some 87 Georgi a cities, towns or counties. Edward [ 10] �R. Murrow televised this Conference in a nationwide documentary "Who Speaks for the South." As it became more acceptable to speak out openly for legislative change, many came forward with strong public statements. As a Gainesville editor put it, "You can hear minds changing all over Georgia." In the F all of 1960, open school advocates initiated "Operation Las t Chance," taking their cue from Judge Hooper's words . Armed with forthright statements from Churches (all faiths and every important denomination, including the influential Georgia Baptist Convention) ; business leaders (the Atlanta Chamber of Commerce, the Atlanta Jaycees and key individuals throughout the State); lawyers (the Atlanta and Georgia Bar Associations); educators (the Georgia Education Association , "Mr. Jim" Peters, venerable Ch airman of the State Board of Education) ; and m any others, the issue was kept constantly before the public. "D ays of Deci sion" Forums were held in Athens, Rome, A lbany, Columbus, Augusta and Savannah to plead the case for legislative change. The Georgia Chamber of Commerce conducted its own Legislative Forums, with Administration floor-leaders F r ank Twitty and Carl Sanders finding a preponderance of open-school sentiment and refl ecting this in their public statements. All this was played again st the backdrop of New Orlea ns which remained in the headlines throughout the F all. Coincident with the opening of the 1961 Legislati ve Session was the now-famous "Athen's crisis. " When two Negroes were ordered ad mitted to the Uni versity of Georgi a by U . S. District Judge W illi am A. Bootle, Governor Vandiver and the Legislature were prov ided a chaotic exa mpl e of what "bitter-end " resistance meant. Existi ng statutes wo uld fo rce closing Georgia's beloved University ( the nation's oldest state-supported institution of higher learn ing ) and this was too bitter a pill fo r even the strongest segregationists. On [ 11 ] �January 18, 1961 , S. Ernest Vandiver, who had been elected Governor of Georgia only two years prior on a platform which said he would never permit desegregation , underwent a dramatic reversal. In o~der to save the schools of Georgia , he offered a "Child Protection Plan ," through which a community can decide by local school board action or a referendum whether it wants to close its schools when it faces a court order to desegregate. If a community decides for open schools, tuition grants provide mone y for children not wishing to attend integrated schools. The Legislature promptly repealed the mandatory closing Jaws and adopted the Governor's four-bill package. The open schools advocates bad won their bat tle. Atlanta was now free to comply with its Court order, with no threat of school closings. Applications for transfer to the 11th arid 12th grades were submitted by 133 Negro children between May 1st and May 15th. After an exhaustive series of tests and interviews (required by the Atlanta Plan) ten were chosen to enter four previously allwhite high schools (Brown, Grady, Murphy and Northside) . 38 others are still in the process of appealing the Board's decision to reject their applications. One white child, Sandra Melkild, now attending Northside High School, has requested transfer to another presently all-white school , basing her request on "freedom of association ." The Atlanta School Board has denied her a transfer. On August 9th the State School Board overruled the Atlanta Board's decision ; but Judge Hooper has ordered a stay of the State Board of Education's ruling, pending a hearing. Once the conflict between State and Federal laws was resolved , emphasis shifted to desegregation with dignity. The organizations comprising the " Open Schools Movement" sent representatives to call on Dr. John Letson , Superintendent of Atlanta Public Schools, early last February to ask what citizens might do to help create a climate [ 12 ] �of calm, dignified compliance with the law. It was suggested that church, business, service and youth groups outside the immediate jurisdiction of the school administration be encouraged to play a leading role in this effort through public discussion and dissemination of information. A new group, in fact an Organization of organizations, was formed with a broad base of community support. Its name: OASIS (Organizations Assisting Schools in September) an acronym Atlantans feel is descriptive of their city. OASIS, with its 53 affiliates, is divided into three sections-Religious, Civic and Service Groups and Youth-serving Agencies. Members range from service clubs and Girl Scouts to labor unions and the National Association for the Advancement of Colored People. Its activity has been lowkey but intensive, seeking to work through already existing organizational machinery to reach hundreds of thousands of Atlanta's citizens. OASIS has stimulated hundreds of meetings throughout the long, hot Atlanta summer. 126 volunteer discussion leaders h ave been on call to assist at gatherings varying from 200 in the Southwest Community Council to half-a-dozen an~ious parents meeting in a neighbor's living room. A Speaker's Bureau, headed by an ex-president of The Toastmasters, provides information for business and service groups. A troupe of Theater Atlanta Players has presented improvised desegregation skits for teenagers at camps and youth centers all over town . OASIS has brought over one hundred white and Negro youth leaders together and encouraged Atlanta's more prominent citizens to speak out in behalf of responsible compliance. OASIS' Religio us Section spearheaded the observance of "Law and Order Weekend (Friday, August 25th through Sunday, August 27th) during which Atlanta's prolifery of churches and synagogues conducted special prayers for peacefu l transition. Ministers were asked to take their [ I3 ] �vacations before August 15th so that they would be on hand to give moral leadership. All faiths have participated in this effort, with leading clergy and lay representatives playing active roles as catalysts. All of these efforts have received considerable support from Atlanta's newspapers, television and radio stations. Mayor William B. Hartsfield's repeated assertions that Atlanta will preserve its reputation for .g ood race relations have been followed by public and private measures designed to prevent trouble. Police Chief Herbert T. Jenkins has had officers from his department observing racial disturbances in other cities for two and one-half years. The Chief has publicly proclaimed that law and order will be maintained and warned would-be violators of penalties. School Superintendent, Dr. John Letson, has told Atlantans that anything less than desegregation with peace and dignity will "exact a price that will not be paid in full for a generation." And when school opens on August 30th, this city hopes to demonstrate that careful planning and intelligent preparation can prevent the violence that has accompanied school integration nearly everywhere else in the deep South. AN EDITORIAL P.S. WE HOPE YOU WILL READ In writing the forego ing p iece, we h ave tried to give you "just the facts. " Now Jet us tell you what's in our hearts. We had a double purpose in preparing this kit. If our schools desegregate smoothly and without incident- and the overwhelming majority of A tlantans are praying that they will- we wanted you to know why. If a rock is thrown or a demonstration staged, you ought to know that is not the whole story of our city. Ask any of our local newsmen to tell you about the " Open Schools Movement." They'll say we·re [ 14] �,, a bunch of starry-eyed amateurs-a strictly grassroots-type operation held together chiefly with scotch tape and imagination. But they'll also tell you that we held together-through three interminable uphill years to accomplish what those who thought they knew all about Georgia said never would happen in our generation. Who took part in the "Open Schools Movement?" The ordinary people who live in Atlanta-and believe ir or not, much of Georgia. The printer who donated pamphlets and hand-bills on a "pay if yo u get it" basis. The businessmen wh-o gave an office and typewriter, stationery, erasers and all that scotch tape. The lawyers who voluntered their time and brainpower to unsnarl the tangled legal thickets. But most of all, the women of Atlanta who licked the stamps, organized the meetings and stayed on the telephone until they finished the job. Yes, the unsung heroines of the "Open Schools Movement" are mostly ordinary housewives and mothers who left beds unmade and meals uncooked to insure their children's educational future. Is it over yet? Not by a long shot. There are those with whom old ways die hard. We have beard the nation's most m ilitant racists are marshaling their forces to make a stand at this "Second Battle of Atlanta." You must have heard it too- or most of you wouldn't be h ere. W hen the "symbolic ten" go to their classrooms, segregation in Georgia's common schools will be offici ally over. T here are those who wish the ten could be a thousand. There are many who object to even one. But whatever the views that divide them, A tlantans are united in a single hope : that the story that unfolds on August 30th will be m uch different from the one you might have expected . A nd when ten Negro children go to school on Wednesday, the heart of A tlanta will go i n with them. MRS. DAVfD N E IMAN Public Information Chairman OASIS ( Organizations Assisting Schools in September) [ 15 ] �Atlanta Public Schools CTTY HALL ATLANTA 3, GEORGIA To Representatives of the Press, Radio and Television: Citizens of Atlanta have long recognized that good schools are an essential part of a great city. Recent developments have demonstrated a determination on the part of all concerned to assess realisticaf!y the problems we face and to proceed with the educational tasks ahead. Teachers and others who are a part of the Atlanta public school system face the future with confidence and with the firm conviction that changes and adaptations will be made as circumstances require. I am certain that I speak for all school personnel in saying that we are happy to be a p ~rt of a great city that we are convinced will become still greater in the year ahead. Sincerel y, John W. Letson Superintendent JWL/frk [ 16 ] �jv ATLANTA l::C::. CH AM BER Of COMM ERCE 1301 COMM ERCE SUILOING / P.0, SOX 17 4 0 /ATLANTA I , GEOl'tGIA / '21•084 5 ~ f Dear Visitor: A tlanta is on trial. But so are the mass communications media of this n ation. How well we both conduct ourselves will have a great and lasting effect on this city. We, the busines leaders of this city, have never faltered in our solid support of our officials in their determin ation to obey the Jaw. We do not intend to let lawlessness impede this mature city's quest for greatness. We are going to continue to do everything possible here in Atlanta to p lay our rightful role among American cities. We like to think of ourselves as responsible citizens. We know we, in turn, can look to each of you - our visitors- fo r the same high degree of responsible journalism. Sincerely, Opie L. Shelton Executive Vice President [ 17 J �The Atlanta Plan, Amended January 18, 1960, Provides: " Whereas, The State Board of Education has not promulgated rules and regulations relative to the placement of students in the schools, and thfa Board has the inherent power of pupil placemen t, and more complete regulations are necessary. " Now therefore: To insure orderly procedures of uniform application for pupil assignment, transfer, and / or placement, and to enable the continuing improvement of the educational advantages offered the following rules and procedure shall be followed: " ( 1). In the assignment, transfer or continuance of pupils . .. the following factors and the effects or results thereof shall be considered , with respect to the individu al pupil , as well as other relevant matters: "availabie room and teaching capacity in the various schools; "the availab ility of transportation facilities; " the effect of the admission of new pupils upon established or proposed academic programs; "the suitability of established curricula for particular pupils; " the adequacy of the p upil 's academic prepara tion for admission to a particular school and curriculum; " the schol astic aptitude and relative intelligence or mental energy or ability of the pupil; " the psychological qualification of the pupil for the type of teachin g and associations involved ; " the possibility or threat of friction or disorder among pupils or oth ers; " the poss ibility of breaches of the peace or ill will; " the effect of admission of the pupil upon the academic progress of other students in a pa rticular school or fac ility thereof; " the effec t of ad mi ssion upon preva iling academic standards at a particul ar school; " th e psychol og ical effect upon the pupi l of at tend ance at a part icul ar school; " the home environment of th e pupil ; " the maintenance or severance of establi shed soc ial and psychological rel atio nships with other pup il s and with teachers; " the choice and interests of the pupil ; " the ability to accept or confor m to new and different ed ucationa l environment; " the moral s, cond uct, health and personal stand ards of the pupil ; " the request or consent of parents or guardi ans and the reaso ns ass igned th erefo r. " (2). The C ity Superintendent of Schools wi ll ad minister these prov isions, subject to the supervision of the Board. [ 18 ] �(3). The Superintendent will designate the school to which each child applying for assignment or transfer shall go. "All existing school assignments shall continue without change until or unless transfers are directed or approved by the Superintendent or his duly authorized representative. " ( 4) . Applications for admission, assignment, or transfer and/ or placement shall be directed to the Superintendent and delivered to the school principal between M ay 1st and May 15th. (5). A separate applica tion must be filed for each child. (6). Application forms must be filled out and signed by parents or guardians and notarized. The Superintendent may require interviews, tests, and investigation. (7) . Notice of action taken shall be mailed to parents or gua rdians within thirty days or not later than June 15th and will be final action " unless a hearin g before the Board is requested in writing within ten days from the date of mailin g such sta tement." (8) . Parents may file in writing objections to as, ignment or request transfer to "a designated school or to another school." The Board shall act on same within a reasonable time. A hearing will be begun within twenty days of decision by the Board that a hearing is necessa ry. (9). H ea rings on requests for transfers shall be conducted by the Board or not less th an three of the members of the Board , and decisions "of the members or a majority thereof sha ll be deemed a fin al decision by the Board ." (I 0). Unless postponement is requested by the parents or guardi an, the Board will notify them of its decision within ten days after conclusion of the hearings. Every appeal shall be fin all y conducted by the Board before September 1st. Any person dissatisfied with the final decision of the Board may appeal to the State Board of Education. (1 1). Th e Boa rd may ass ign certain pupils to vocational o r other special schools or termin ate their public school enrollm ent altogeth er. ( 12). " Beginnin g September 1, 1960, or on September 1, fo ll owin g favorable action by the General Assembly of Geo rgia, student assignm ent in the Atl anta Public School System shall be made in accord ance with aforesa id rules and regul ations and with out rega rd to race or color. F or the fi rst school yea r in which it is effecti ve, th e pl an shall app ly to the students in the 12th grade. Th ereafter , in each successive year, th e pl an shall be ex panded to the immediate lower grade; e.g. in 196 1-62 grade 11th, in 1962-6 3 gra de 10th, etc. , until all grades a re includ ed. "•:• ( 13) . " N othin g conta ined in this resolution shall prevent the separation of boys and girl s in any sch ool or grade or to prevent the assignment of boys and girls to separa te schools.·· ( 14). T hese ru les shall be contin gent upon th e enactmen t of sta tutes by the General Asse mbly o f G eorgia and shall be submi tted to the Genera l Assembly fo r approval. • O n May 9, 1960 U. S. Distri ct Jud ge H ooper rul ed th a t the P la n of t he Atla nta Boa rd of E duca ti o n fo r grad ua l desegrega tio n be put into o perat io n o n May 1, 1961. A pplicat ions to the twelfth a nd e leve nth grades of the Atla nta Public Schools were received fro m May I to I 5. [ 19 ] �The Atlanta Public Schools: Some Facts and Figures Prepared by the Atlanta Department of Education THE FOUR SCHOOLS TO BE DESEGREGATED Brown High School, named for Joseph E. Brown, Civil War governor of Georgia, is located at 765 Peeples Street, S.W. West End, as the section is popularly known, is an old and established part of the city where the population now comprises low to middle income families, although many longtime residents still retain and live in their fine old homes. It is a section of strong loyalties and considerable pride of accomplishment. The principal of the school, Maxwell Ivey, formerly principal of Hutchinson Elementary School and former Director of Athletics and coach of champion football teams, is serving his first year as a high school principal at Brown. The school may be reached from City Hall by driving west on Whitehall, thence to Gordon, left on Peeples for three blocks. There are about 1200 students and 50 teachers in the school. In 1961 there were 131 graduates with approximately 45 % attending college. Both students and teachers are very loyal to the school and its fine tradition of good conduct and high ideals. Murphy High School was opened in 1930. Its present principal is George M. McCord whose tenure as principal began in 1942. Mr. McCord is well known in national camping circles, is very active in YM CA, and other youth serving organizations. Thei address of the school is 256 C lifton Street, S.E., adjacent to Memorial Drive. The school may be reached by going east on Memorial Drive for approximately 3 miles. There are approximate ly 1200 students and 50 teachers in the school. Of the 205 graduating this year, about 50% continued in college. The community is a section of moderate priced homes, law abidi ng citizens, and church-going population. The school is particularly noted for a balanced program of meeting student needs and interests. Henry Grady High School was created in 1947 from old Boy's High School and old Tech H igh School which was once situated in the same building and on the same grounds. Named for Henry W. Grady, famous orator a nd newspaperman, the school h as taken great pride in its preparation of students for college. Located at 929 Charles Allen Drive. N. E .. ( formerly Parkway Drive) the school is relatively close to the downtown section but is also accessible to very fine resident ial areas of the city. T he school population ranges from families of lower middle in- [ 20] �comes to relatively high incomes, with considerable diversity in religious and ethnic composition. It may be reached by way of Peachtree, Ponce de Leon and Charles Allen Drive; or by Peachtree and 10th Street. The principal is Roger H . D erthick (i ncid entally, brother of Lawrence Derthick, former U. S. Commissioner of Education) who is president of the Atlanta Teachers Association. The school has an enrollment of about 1500 students and there are uO or more teachers. Approximatel y 80 % of the students continue their educatio n in college. Northside High School , whose address is 2875 Northside Drive, N .W. , is located in an upper income section of the city. Mr. W. H . Kelley has been principal of the schoo l since its inception in l 950. The school is in that portion of the c ity annexed in 1952. Former coach and Engl,ish teacher, he presides over the school with humor and dignity. The school has an enrollment of approximately 1100 a nd there are about 45 teachers. More than 88 % of the 242 graduates this year will conti nue in college. The school has maintained strong lead in football championships in recent years and is one whe re students indica te a strong school spirit. The school may be re ached by going north on the Expressway to Northside Drive, or by going Peachtree Road to West Wesley, turn left to Nortbside, then right one block. Historical Facts About Atlanta School System Established in 1872 with an enrollment of 3293 elementary pupils and 301 high school students. Inauguration of 6-3-3 orga niza tion in 1923 with 8 junior and 4 senior high schools. Enrollment 53,49 1 students in alJ sch ools. E stablishment of communi ty, co-educational comprehensive high schools in 1947. Total enrollment 60,761. Annexation of 39 schools and approximately 20,000 new st udents in 1952. Decentra liza tion of administrati on and Area organiza tion 1956. More than 42 millions expend ed fo r new school buildings since 1946. Board of Education P resident, L. J . O'Cal! aghan; Oby T. Brewer, Jr.; Dr. Rufus E. Clement; Ed S. Cook; Glenn Frick; Elmo Holt; Harold F. Jackson; Mrs. Clifford N . Ragsdale; Fred M . Shell. Administration Superintendent, D r. John W. Letson; D eputy Superintendent, D r. Rua ! W. Steph ens; Assista nt Superintendents, J arvis Ba rnes, J. Everette D eVa ughn; Area Superintendents, Dr. H . A. Bowen, Dr. Ed S. Cook, Jr. , D. W . H eidecker, Warren T . Jackson, D r. G. Y. Smith; Comptroll er, E . R. Holl ey. Direct ors and Supervisory Staff D irectors 18; Co-ordin ators and Supervisors 7; reso urce personnel 3 J. Area O rganization Decentra lization of administra tion and instructi onal supervis ion by subd ividin g to 5 geograp hica l school areas under Area Su perintendents and supervisory staffs. [ 21 ] �Schools Structural organiza tion : Elementary, kindergarten through 7; high schools, grades 7-12; 2 vocational schools; 2 evening high schools; 2 evening vocational schools; 5 special schools. No. of No. Enrollment A.D.A. Teachers Elementa ry High Schools TOTALS 75,302 29,456 104,758 119 26 145 63,562 24,640 88,202 2,265 1,220 3,485 High Schools Minimum requirements for diploma (beyond 8th grade) : English 4 units, social studies 3 units, m ath 2 units, science 2 units, "activities" 2 units, electives 5 units. College preparatory a nd distinctive diploma curricula available in all high schools. % Noof No. of A11e11ding A .D.A . Grad11a1es College Name Tea chers 23% 120 50 988 Archer 45% 36 665 112 Bass 45 % 51 1087 131 Brown 516 D ykes 25 27 547 80 East Atla nta 41 924 177 20% Fulton 552 George 30 64 80% 1356 Grady . 60 256 81 1784 243 29% Howard Murphy 49 1030 48% 205 53 1091 239 85% North Fulton ·242 44 981 88% Northside 42 O'Keefe 786 87 23% 1614 29 % Price 78 200 43 840 25 % 107 Roosevelt Smith 36 532 18% 98 1147 47 % Southwest 53 234 Sylvan 46 1021 41 % 179 Therrell 29 585 1623 Turner 69 201 45 % 2243 106 W ashingto n 324 68 % 1072 West Fulton 52 148 21 % finances Operating budget, 30 millio ns. Sources of income: local taxes 55.1 %; sta te taxes 28.2 %; other sources 2.5%; cash b ala nce 14.2 %. Allocation: administrat io n 2.1 %; instruction 71.9 %; m a intenance 4.7 %; operation 7 .0 %; opera tin g b alance 5.6%; others 8.7 %. Tea cher Salaries (Annu a l sa lary in 12 monthly payments) Certifica1io11 Mi11 in111111 Maxim 11111 Years to R each M axi11u11n $4308 4500 4920 5520 $6540 7164 7896 8688 19 22 24 25 B.A. . M.A . . . . 6 year College Doctorate Buildings and Grounds Category E lementary High School TOTALS . No. Units 130 45 175 No. Acres 535.5 343.1 878.6 [ 22 ] No. Classrooms 2 194 1186 3380 Va/11e $4 1,985,331 30,692 ,01 I 72,677 ,324 �libraries No .of Books 280,211 208,413 488,624 Categories Elementary High School TOTALS Cafeterias 0 \.) "' . ?- ~ cCo <:~ --.l "' -"' 0~ cC <: "' .'§. ., ~ ~ ~Cl:) "'t: c:i 1,312,974 306,972 1,619,946 .,, .., ~ -~"' Circulation <:~ <., "' ~ Elementary 113 5,416,697 8,813,776 $1,806,116 $1,820,732 High Schools . 24 1,666,919 2,445,01 5 921,274 920,331 TOTALS 137 7,083,616 11 ,258,791 2,727 ,390 2,741,063 Special Education "' -~ cCo 0 \.) Elementary High Schools TOTALS ~--::::~ "5: -:: .§"' 'e::"!=: -..:::: :::: ~-:- "'"' "'0 ~~ ~:t: 60 11 71 20 2 22 ,.,"< i;; Co "' - ~-~ "' c,-<:, "' ..::; ~c:i a r,.. 4 0 4 11 2 13 112 18 130 Co 'i~ . :; "'"' 17 3 20 ~ 0 0 Radio and Television Education Radio a nd television statio ns owned by Board of Education. Over 500 radio and TV sets in the schools;" over 60,000 studen ts viewing and hea ring 89 radio a nd 58 TV programs per week in 139 schools. TV instruction in Health, General Science, General Biology, World History, Physics, Social Stud ies, Mathematics, Frenc h and S panish. Health and Physical Fitness Required of all e lementa ry p upils a nd 8th a nd 9th grade stude nts. Interscholastic a thle tic program in 2 3 high schools comprises J7 teams in each hjgh school in 10 different activities under 11 5 teacher-coaches. P a rticipatio n, exclusive of bands a nd pep squads, by 5,000 students in 113 home games viewed by 200,000 spectators. Audio-Visual Education Esta blished in 1921, one of the oldest educa tional aud iovisual depa rtments in the na tion; school system has 5,000 pieces of A-V equipment and 10,000 A-V items; 2,000 presentations in classrooms; planetarium for space science instruc tion; primate ho use with fu ll-time instructor. Future Plans and Needs Three new high schools; 400 additiona l elemen tary c lassrooms; warehouse a nd school services building; administration building; c urriculum development, super-visory, and materia ls center; a utoma ted da ta processing equipment a nd staffing; expansion o f curricular a nd instructional leade rship program . [ 23 ] �MAPS of high school grounds by Atlanta Police Dept. BROWN HIGH SCHOOL GOROoN' l HENRY GRADY HIGH SCHOOL I N [ 24 ] �Red line marks curb across adjacent streets. This line encloses area off-limits to public and press. MURPHY HIGH SCHOOL -r-=- C I TY LIMIT fJEKALB co. ~ M NORTHSIDE HIGH SCHOOL fr ~ (\ <,;- . ] ~~I ,~ ~ JlW. -l1- -· - WESLE Y RO - 11- --------·-- ----- -- . J [ 25 ] . N �1 ~ Information About the Transfer Students All of the ten transfer students, in the words of Deputy School Superintendent Rua! Stephens, " have outstanding school academic records, made excellent scores on the tests given them and very favorable impressions" when the y were interviewed by school officials. Some of the 10 were accepted in spite of the fact that their residences are nearer their present schools than the schools they asked to attend . School officials said that in such instances there were factors of " overriding importance" which figured in the decisions to accept the students. In one case, a youth aspired to go to the Naval Academy at Annapolis and was unable to get the ROTC training or special college preparatory courses in m athematics and physics at his present school. School officials m ade it clear from the beginning th at an important consideration in whether a Negro student was accepted or rejected would be his chances of doing well in a new school environm ent. Those finally accepted had composite test scores wh ich in most instances exceeded the median composite scores of the grades and schools to which the y are being transferred. Allen , D emaris-16 years old. Accepted for the 12th Grade, Brown High School. Composite test score: 94.6. Median in 12th Grade at Brown: 66.4. Asked for transfer in order to receive speci al training in social studies , science and mathematics. Special interest: Arch aeology. Previous extra-curricul ar activities : Dramatic and Dance Clubs, Junior Red Cross, Honor Society. [ 26 ] �Black, Willie Jean-15 years old. Accepted for 11th Grade, Northside High School. Composite test score: 93 .8. Median in 11th Grade at Northside: 82.8. Asked for transfer because of superior curriculum offered in science and mathematics. Special interest: Medical career. Previous extracurricular activities: Laboratory assistant, Honor Society, Science program at Morris Brown College. Gaines, Donita-16 years old. Accepted for 11th Grade, Northside High School. Composite test score: 92. Median in 11th Grade at Northside: 82.8. Asked for transfer because of superior curriculum . Special interest : Engineering. Previous extra~curricular activities : Honor Society, Library Assistant, Student Government, Y-Teens. Ho lmes, Marth a A on-17 years old . Accepted for 12th Grade, Murph y High School. Composite test score : 72.2. Median in 12th Grade at Murphy : 65.6. Asked for transfer because of crowded conditions at Howard High School. Special interests: Chemistry and m athem atics. Previous extra-curricul ar activities: Band, Business-office assistant, English Club, Honor Society, Student Government. Jefferson , Lawrence-] 7 years old. Accepted for 12th Grade, Grady High School. Composite test score : 85.8. Median in 12th Grade at Grady: 79. Asked for transfer because of overcrowding at Howard H igh School. Speci al interests: Mathemat ics and English. Previous extra-curricular activities: Honor Society, Student Government, Cit y-wide Stude nt Council. [ 27 ] �McMullen, Mary James-16 years old. Accepted for 12th Grade, Grady High School. Composite test score: 69.6. Median in 12th Grade at Grady : 79. Asked for transfer because of overcrowding at Howard High School. Special interests: Social Science teaching. Previous extra-curricular activities: Basketball, Choir, Cheerleading. Nix , Madelyn-15 years old. Accepted for 11th Grade, Brown High School. Composite test score : ·83 .6. Median in 11th Grade at Brown: 65.8. Asked for transfer because of superior curriculum in mathematics and physics. Special interest : Medical ·career. Previous extra-curricular activities : Honor Society, Orchestra, Student Government. Simmons, Arthur C.-16 years old. Accepted for 12th Grade, Northside High School. Composite test score : 84.4. Median in 12th Grade at Northside : 84. Asked for transfer because of superior curriculum, particularly Mechanical D rawing. Special interest: Engineering. Previous extra-curricular activities : Honor Society. Walton , Rosalyn- 16 years old. Accepted for 11th Grade, Murphy High School. Composite test Score: 56.8. Medi an in 11th G rade Murphy: 67 .8. Asked for tra nsfer because of proxim ity to home. Special interest : E lementary school teaching. Previous extra-curricular activities : Choi r, Honor Society. Welch, Thomas E .-1 6 years old . Accepted for 11th Grade, Brown High School. Compos ite test score: 89 .2. Median in 11th G rade at Brown: 65.8. Asked for transfer in order to take ROTC, unava ilable at Washington H igh School. Special interest : Admission to A nnapolis and future N aval Career. P revious extra-curricular activities : Chorus. [ 28 l �Sigma Delta Chi Code of Ethics I. The primary function of newspapers is to communicate to the human race what its members do, feel and think. Journ a lism, therefore, demands of its practitioners the widest range of intelligence, of knowledge, and of experience, as well as natural and trained powers of observation and reasoning. To its opportunities as a chronicle are indissolvabl y linked its obligations as teacher and interpreter. II. To the end of findin g some means of codifying sound practice in just aspirations of Am erican Journ a lism these gains are se t forth: 1. RESPONS!BlLITY The right of a newspaper to attract and hold readers is restricted by nothin g but consideration of p ub lic we lfa re. The use a newspaper m akes of th e sha re of public attention it gai ns, se rves to determ ine its sense of responsibility whi ch it shares wi th ever y m ember o f its staff. A jo urn a list who uses his power for any selfish or o th erwise un wo rthy purpose is faithless to a h igh tru st. 2. FREEDOM OF THE P RESS Freedo m of th e press is to be guarded as a v ita l rig ht of m a nki nd. It is th e unqu estion able rig ht to di sc uss whatever is not explicitl y forbidden by law, incl uding the wisdom of any restrictive statu te. 3. I NDE PENDENCE Freedom fro m a ll ob liga tions, except th at o f fide lity, to th e pub lic in terest is v it al. A. Pro motion of any p ri vate interest, co ntrary to the ge nera l we lfa re, for whateve r reaso n, is not co mpatib le with honest journalism. So-called news co mmuni ca ti ons from private sources should not be published wi th o ut public notice of their sou rce or e lse substa ntiation of their claims to va lue as news, bo th in fo rm and substance. B. Pa rtisanship, in editorial comm ent, whi ch knowingly departs fro m the truth, does vio lence to the best spirit of journ a li sm ; in the news columns, it is sub versive of a fu nd amental pri nciple of the p rofessio n. 4. ALL SINCERITY, TRUST, ACCURACY. Good fa ith with the reader is the fo un datio n of all journa lism worthy of the name. [ 29 ] �Youth-Serving Organizations Section: Chairman, Mrs. John Steinhaus Co-Chairman, Mrs. R. H. Brisbane Atlanta Boys Clubs Atlanta Girls Clubs Atlanta Jewish Community Center Bethlehem Community Center B'nai B'rith Youth Organization Girl Scouts Grady Homes Community Girls Club Interdenominational Youth Center Religious Education Association Salvation Army Temple Youth Group Wesley Community House YMCA YWCA Religious Organizations Section: Co-Chairmen: Reverend Nat Long Reverend Norman Shands Atlanta Chapter, American Jewish Committee Diocesan Council of Catholic Women Georgia Council of Churches Greater Atlanta Counci l of Churches Interdenominational Ministerial Alliance United Church Women of Atlanta and Georgia Churches of every faith: Catholic, Eastern and Greek Orthodox, Jewish and Protestant; and every denomination within each faith: Jewish : Orthodox, Conservative, Reform. Protestant : Alli ance, Assembly of God, Baptist, Christian Science, C hurch of Christ, Church of God , Congregation al, Episcopal, Friends, Holiness, Latter Day Saints, Lutheran, Methodist, N aza rene, Primitive Baptist, Presbyteri an, Salvation Army, Seventh Day Adventists, United Liberal , Unity. [ 32 ] - �~ 37 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Box 17, Folder 14, Document 27 Box 17 Box 17 Folder 14 Folder topic: Civil Rights Bill | 1963 https://ivanallen.iac.gatech.edu/mayoral-records/traditional/files/original/c50b8a8c9abbf4f44566596738b2109a.pdf e14342c0e66c9887719626fd71ccfd58 Scripto Transcription A written representation of a document. People in Atlanta was forcedto integrate wtth policemen making them do so is the way that atlanta is being des1ngrated and not because the altnata people want integration, so. 1 t does not appear any public servant from atlanta can tell the world or the congress how we have peacefully integrated truthfully. � Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Text Any textual data included in the document Cat <ghlo People in Atlanta was forcedto integrate whth policemen making them do so is the way that atlanta is being desingrated and not because the altnata people want integration, so it does not appear any public servant from atlanta can tell the world or the congress how we have peacefully integrated truthfully.  Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Box 17, Folder 14, Document 26 Box 17 Box 17 Folder 14 Folder topic: Civil Rights Bill | 1963 https://ivanallen.iac.gatech.edu/mayoral-records/traditional/files/original/baf2fefa5c1444858572846dfc4ec5e8.pdf 7f1dec23b229495182d04e753b485538 Scripto Transcription A written representation of a document. I ! I I From Betty Robinson FOR M25• 7 ATLANTA, GEORGIA � Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Text Any textual data included in the document  Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Box 17, Folder 14, Document 25 Box 17 Box 17 Folder 14 Folder topic: Civil Rights Bill | 1963 https://ivanallen.iac.gatech.edu/mayoral-records/traditional/files/original/56e61b0969a0fe86276b1714ae1d4c4a.pdf dddb410f257ad7ba107080a2f2b10963 Scripto Transcription A written representation of a document. k) ~ ~ oU.--k '\ ~ 88TH CONGRESS lstSession } HOUSE OF REPRESENTATIVES { DocrnrnNT No. 124 CIVIL RIGH TS MESSAGE F ROM THE PRESIDENT OF THE UNITED STATES REL A TIVE T O CIVIL RI GHTS, AND A DRAFT OF A BILL TO ENFORCE THE CO NSTITUTIONAL RIGHT TO VOTE, T O CON FER JURISDICTION UPON TI-IE DISTRICT COURTS OF TI-IE UNITED STATES TO PROVIDE INJUNCTIVE RE LIEF AGAINST DISCRIMINATIO N +N PUBLIC ACCOMMODATIONS, TO AUTHORIZE TI-IE ATTORNEY GENERAL TO INSTITUTE SUITS TO PROTECT CONSTITUTIONAL RIGHTS IN EDUCATION, TO ESTABLISH A CO MMUNITY RELATIONS SERVICE, TO EXTE ND FOR FOUR YEARS THE COM .MISSION ON CIVIL RIGHTS, TO PREVENT DISCRIMINATIO N IN FEDERALLY ASSISTED PRO GRAMS, TO ESTABLISH A CO MMISSIO N ON EQUAL EMPLOYMENT OPPORT UNITY, AN D FO R OTH ER P URPOSES J UNE 19, 1963.- Refer rcd to the Committee on th e J ud iciary and ordered to be .. printed To the Congress of the United States : Last week I addressed to the American people an appeal to conscience-a r equest for their cooperation in meeting the growing moral crisis in American race r elations. I warned of "a rising tide of discontent tha t threa tens th e publ_ic safety" in many parts of the country. I emphasized that "the events in Birmingham and elsewhere have so increased the cri es for equality that no city or State or legislative body can prudently choose to ignore them. " "It is a time to act," I said, "in the Congress, in State and local legislative bodies and, above all, in all of our daily lives." · In t he days that have followed, the freclictions of increased violence have been tragically borne out. The ' fires of frustration and discord" have burned hotter than ever. 85011- 6 3 -1 �,r... _,. . . t ~ ~ . -ill,JGHTS . At the same in:ie, the response of the Am erican people to this appeal to their principles and obligations has been Teassuring. Private progress__:_by merchants and unions and local organizations-has been marked, if not uniform, in many areas. Many doors long closed to Negroes, North and South, have been opened. Local biracial committees, under private and public sponsorship, have mushroomed. The ma.yors of our major cities, whom I earlier addressed, have pledged renewed ac tion. But persisting inequalities and tensions make it clear that Federal action must lead the way, providing both the N ation's standard and a nationwide solution. In short, the tin1e has come for the Congress of the United States to join with the executive and judicial branches in making it clear to all that r ace has no place in American life or law. On F ebruary 28, I sent to the Congress a message urging the cnnc trn ent this year of three important pieces of civil rights legislat ion: 1. Voting.-Legislation to assure the availability to all of a b as ic and powerful right-the right to vote in a free American electionby providing for the appointment of temporary Federal v otii:w referees while votino- suits are proceeding in areas of demonstrated need; by giving such suits preferential and expedited treatment in the Federal comts; by prohibiting in Federal elections the application of differ ent tests and standards to different voter applicants; and by providing that, in voting suits pertaining to such elections, the completion of the si.-.::th grade by any applicant creates a presumption that he is literate. Armed with the full and equal right to vote, our Negro citizens can help win other rights through political channels not now open to them in many areas. 2. 'Civil Rights Oommission.-Legislation to renew and expand the authority of the Commission on Civil Ri~hts, enablin~ it to serve as a national civil rights clearinghouse offenng informat10n, advice, and technical assistance to any public or private agency that so requests. 3. School desegregation.-Legislation to provide Federnl technical and financial assistance to aid school districts in the process of desegregation in compliance with the Constitution. Other measures introduced in the Coniress have nlso received the support of this ad.ministration, including tnose aim.eel at assuring equal employment opportunity. Although these r ecommendations were transmitted to the Congress some time ago, neither House has yet had an opportunity to vote on any of these essential meas m es. The Negro's drive for justice, however, has not stood still-nor will it, it is now clear, until full equali ty is achieved. The growing and understandable dissatisfaction of Negro citizens with the presen t pace of desegregation, and their increased determination to secme for themselves the equality of opportunity and treatment to which they are rightfully entitled, have underscor ed what should already have ·been clear : the necessity of the Congress enacting this year-not only the measures aJrnady proposed-but also additional legislation providing legal remedies for the denial of certain individual rights. The venerable code of equity law commands "for every wrong, a remedy." But in too many communities, in too many parts of t he country, wrongs are inflicted on Negro citizens for which no effective r emedy at law is clearly and readily available. State and local laws may even affirmatively seek to den y th e rights to which these citizens I �3 CIVIL RIGHTS are fairly entitled-and this cn,n result only in a decreased respect for the law and increased violations of the law. In the continued absence of congressional action, too many State and local officials as well as businessmen will remain unwilling to accord these rights to all citizens. Some local courts and local merchants may well claim to be uncertain of the law, while those merchants who do recognize the justice of the Negro's request (and I believe these constitute the great majority of merchants, North and South) will be fearful of being the first to move, in the face of official, customer, employee, or competitive pressures. Negroes, consequently, can be expected to continue increasi ngly to seek the vindication of these rights tlu-ough organized direct action, with all its potentially explosive consequences, such as we have seen in Birmingham, in Philadelphia, in Jackson, in Boston, in Cambridge, Md., and in mn,ny other parts of the country. In short, the result of continued Federal legislative inaction will be continued, if not increased, racial strife-causing the leadership ou both sides to pass from the hands of reasonable and responsible men to the purveyors of hate and violence, endangering domestic tranquillity, r et::i.rding our Nation's economic and social progress and weitkening the r espect with which the rest of the world regards us. No -American, I feel sure, would prefer this course of tension, disorder, and diYision- ancl the great majorit~, of our citizens simply cannot accept it. For these reasons, I am proposing that the Congress stay in session this year until it has enacted-preferably as a single omnibus billthe most responsible, reasonable, and urgently needed solutions to this problem, solutions which should be acceptable to all fair-minded men. This bill would be known as the Civil Rights Act of 1963, and would include-in addition to the aforementioned provisions on voting rights and the Civil Rights Commission-additional titles on public accommodations, employment, federally assisted programs, a Community R elations Service, and education, with the latter including my previous recommendation on this subject. In addition, I am requesting certain legislative and budget amendments designed to improve the trainin&', skills, and economic opportunities of the economically distressed. and discontented, white and Negro alike. Certain executive actions are also reviewed here; but legislative action is imperative. ·· J. E QUAL A cco MMODATIONS 11- PunLrc FA CILITIES Events of r ecent weeks have again underlined how deeply om Negro citizens r esent the injustice of being arbitrarily denied equa.l access to those facilities and accommodations which are otherwise open to the general public. That is a daily insult which has no place in a country proud of its heritage- the heritage of the melt,ing pot, of equal rights, of one nation and one people. N o one has been barred on account of bis race from fighting or dying for America-there are no "white" or "colored" signs on the foxholes or graveyards of battle. Smely, in 1963, JOO years after emancipation, it should not be necessary for any American citizen to demonstrate in the streets for the opportunity to stop at a hotel, or to eat at a lunch counter in the very department store in which he is shopping, or to enter a motion picture �4 CIVIL RIGHTS h~use, on th·e s111ne terms as any other customer. As I stated in my message to the Congress of February 28, "no action is more contrary to the spirit of our democracy and Cons titution-or more rightfully resented by a Negro citizen who seeks only equal treatmen.t-than the barring of that citizen from restaurants, hotels, theaters, recreational areas, and other public accommodations and facilities." The U.S. Government has taken action through the courts and by other means to protect those who are peacefully demonstrating t o obtain access to these public facilities ; and it has taken action to bring an end to discrimination in rail, bus, and airline terminals, to open up restaurants and other public facilities in all buildings leased as well as owned by the Federal Government, and to assure full equality of access t-0 all federally owned parks, fores ts, and other recreational areas. When uncontrolled mob action directly threatened the nondiscriminatory use of transpor tation facilities in Ma.y 1961, F e1eral ma.rshals were employed to restore order and prevent potentially widespread personal and proper ty damage. Growing nationwide concern with this problem, however, makes it clear that further Federal action is needed now to secure the right of all citizens to the full enjoyment of all facilities which 11re open to the general public. Such legisl11tion is clearly consistent with the Constitution and with om· concepts of both human rights and property rights. The argument that such measmes constitute 11n unconstitutional interference with property rights has consistently been rejected by the courts in upholding ll1ws on zoning, collective bargaining, minimum wages, smoke control, and countless other measures designed to make certain that the use of private property is consistent with. the public interest. While the legal situations are not parallel, it is interesting to iiote that Abraham Lincoln, in issuing the Emancipation Proclamation 100 years ago, was also accused of violating the property rights of slaveowners. Indeed, there is an age-old saying that "property has its duties as well as its rights"; and no property owner who holds those premises for the purpose of serving at a profit the American public 11t la.rge can claim 11ny inherent right to exclude a part of that public on grounds of race or color. Just as the law requires common c111Tiers to serve equally n11 who wish theiT services, so it c11n require public 11ccommodations to 11ccommod11te equally all segments of the general public. Both lrn mn,n rights and proper ty rights are found11tions of om society- and both will flourish as the result of this measure. In a society which is increasingly mobile and in an economy which is increasingly interdependent, bu.sine s establishments which serve the public- such as hotels, rest11urants, theat ers, stores, and othersserve not only th e members of th eir immediate communities but travelers from other tates and visitors from abroad. Their goods come from all over tJ1 e I11,tion. This participation in the :flow of interstate commerce has given these . business establishments both increased prosperity and n.n increased responsibility to provide equal access and service to all citizens. Some 30 States,1 the District of Columbia, and numerous citiescovering some two-thirds of this country and well over two-thirds of 'Alaska, Onliforn la/ Oolorndo, Connecticut, I dn!Jo, llllnols,_Ind_lnnn, Iowa, Kansas, Main~ Morrlll.)ld, Massachusetts, Mich gan, Mlnllesota, Montana, Nebraska, New Hompslure, Now Jersey, New Menco, New York, North Dakota, Ohio, Oregon, P ennsylvania, Rhode Island, South Dakota, Vermont, Washington, Wisconsin, ancl Wyoming. Oltles with pt1bUc nccommoclations ordinances wWch are outside the above States Include Washington, D.C., Wilmington, Del., Louisville, Ky., E l Paso, Tex., Kansas City, Mo., and St. Louis, Mo. �CIVIL RIGHTS 5 its people-have already enacted laws of varying effectiveness against discrimination in places of public accommodation, many of them in response to the recommendation of President Truman's Committee on Civil Rights in 1947. But while their efforts indicate that legislation in this area is not extraordinary, the failure of more States to take effective action makes it clear that Federal legislation is necessary. The State and local approach has been tried. The voluntary approach has been tried. But these approaches are insufficient to prevent the free flow of commerce from being arbitrarily and inefficiently restrained and distorted by discrimination in such establishments. Clearly the Federal Government has both the power and the obligation to eliminate these discriminatory practices: first, because they adversely affect the national economy and the flow of interstate commerce; and secondly, because Congress has been specifically empowered under the 14th amendment to enact legislation making certain that no State law permits or sanctions the unequal protection or treatment of any of its citizens. There have been increasing public demonstrations of resentmen t. directed against this 1..'i.nd of discrimination-demonstr_ations which too often breed tension and violence. Only the Federal Governmen t, it is clear, can make these demonstrations unnecessary by providing peaceful remedies for the grievances which set them off. For these reasons, I am today proposing, as part of the Civil Rights Act of 1963, a provision to guarantee all citizens equal access to the services and facilities of hotels, restaurants, places of amusement, and retail establishments. This seems to me to be an elementary right. Its denial is an arbitrary indignity that no American in 1963 should have to endure. The proposal would give the person aggrieved the right to obtain a court order against the offending establishment or persons. Upon receiving a complaint in a case sufficiently important to warran t his conclusion that a suit would materially further the purposes of the act, the Attorney General-if he finds that t.he aggrieved party is unable to undertake or otherwise arrange for a suit on his own (for lack of financial means or effective representation , or for fe11,r of economic or other injury)- will first r efer the case for voluntary settlement to the Community Relations Service described below, give the establishment involved time to correct its practices, permit State and local equal access laws (if any) to Op()rate first, and then , and only then, initiate a suit for compliance. In short, to the extent that these unconscionable practices can be corrected by the individual owners, localities, and States (and r ecent experience demonstrates bow effectively and uneventfully this can be done) , th e Federal Governm ent bas no desire to intervene. But an explosive national problem can not await city-by-city solutions; and t hose who loudly abhor Federal action only in vite it if they neglect or evade their own obligations. This provision will open doors in every part of the country which never should have been closed. It,s enactment will hasten the end to practices which have no place in a free and united nation, and thus help move this potentially dangerous problem from the streets to the courts. �6 CIVIL RIGHTS II. D ESEGRE GATIO N OF SCHOOLS In my message of F ebrua.r y 28, while commending the progress akeady made in achieving desegregation of education at all levels as foquired by the Constitution, I was compelled to roint out the slowness of progress toward primary and seconda,r y schoo desegregation. The Supreme Court has recently voiced the same opinion. M any Negro children entering segregated grade schools at the time· of the Supreme Court decision in 1954 will enter segr egated high schools this year, having suffered a loss which can never be regained. Indeed, discrimination in education is one basic cause of the other inequities and hardships inflicted upon our NegTO citizens. The lack of equal educational opportunity deprives the individual of equal economic opportunity, restTicts his contribution as a citizen and community leader, encourages him to dTOp out of school and imposes a heavy burden on the effott to elimin ate discrimin atory practices and prejudices from our nation al life. · The F ederal courts, pursuant to the 1954 decision of the U .S. Supreme Court and earlier decisions on institutions of higher learning, have shown both competence and courage in directing the desegregation of schools on the local level. It is appropriate to keep this responsibility largely within the judicial arena. But it is unfair and unrealistic to expect that the burden of initiating such cases can be wholly borne by private litigants. Too often those ·entitled to bring suit on behalf of their children lack the economic ineans for instituting and main taining such cases or the ability to withstand the personal, physical, and economic harassment which sometimes descends upon those who do ins titute them. The same is true of students wishing to attend th e college of their choice but un able t o assume the burden of litigation. These difficulties are among the principal reasons for the delay in carrying out the 1954 decision; and this delay cannot be justified to those who have been hurt as a result. Rights such as these, as the Supreme Court r ecently said, are "present rights. They are not merely h opes to some fu ture enjoyment of some formalistic constitut ional promise. The basic guarantees of our Constitution are warrants for the here and now * * *." In order to achieve a more ord erly and consistent complia.n ce with the Supreme Court's school and college desegregation decisions, therefore, I recommend that the Congress assert its specific constitu tional ~u thority to implement the 14th amendment by including in th e Civil Righ ts Act of 1963 a new title providing the following: (A) Au thority would be given the Attorney General to initiate in the Federal district courts appropriate legal proceedings against local public school boards or public institutions of higher learning-or to in tervene in existing cases-whenever(1) be has received a written complaint from students or from the parents of students who are being den ied equal protection of the laws by a segregated public school or college; and (2) he certifies that such persons are unable to undertake or otherwise arrange for the initiation and maintenance of such legal proceedings for lack of financial means or effective legal representation or for fear of economic or other injury ; and (3) he determines that his initiation of or intervention in such suit will materially further the orderly progress of desegregation I [_ �CIVIL RIGHTS 7 in public education . For this purpose, the Attorney General would establish criteria to determine the priority and relative need for Federal action in those districts from which complaints have been filed. (B) As previously recommend ed, technical and financial assistance would be given to those school districts in all parts of the country which, voluntarily or as the result of litigation, are engaged in the process of meetino- the educational problems flowing from desegregation or racial imbJance but which are in need of guidance, experienced help, or financial assistance in order to train their personnel for this changeover, cope with new difficulties and complete the job satisfactorily (including in such assistance loans to a distri ct where State or loral funds have been withdrawn or withheld because of desegregation). Public institutions already operating without racial discrimination, of comse, will not be affected by this statute. Local action can always make Federal action unnecessary. Many school boards have peacefully and voluntarily desegreo-ated in recent years. And while this act does not include private c~leges and schools, I strongly urge them to live up to their responsibilities and to recognize no arbitrary bar of race or color-for such .bars have no place in any institution, least of all one devoted to the truth and to the improvement of all mankind. III. F A IR AND FULL EMPLOYMEN T Unemployment falls with special cruelty on minority groups. The unemployment rate of N egro workers is more than twice as high as that of the working force as a whole. In many of our larger cities, both North and South, the number of jobless Negro youth-often 20 percent or more-creates an atmosphere of frustration, resentment, and unrest which does not bode well for the future. Delinquency, vandalism, gang warfare, disease, slums, and the high cost of public welfare and crime are all directly related to unemployment among whites and Negroes alike-and recent labor difficulties in Philadelphia may well be only the beginning if more jobs are not found in the larger northern cities in particular. Employment opportunities, moreover, play a major role in determining whether the rights described above are meaningful. There is little value in a Negro's obtaining the right to be admitted to hotels and restaurants if be has no cash in his pocket and no job . Relief of Negro un employment reqt1ires progress in three major areas: (1) More jobs must be created through greater economic growth.The Negro-too often unskilled, too of ten the first to be fired and the last to be hired- is a primary victim of recessions, depr essed areas, and unused industrial capacity. Negro unemployment will not be noticeably diminished in this country until the total demand for labor is effectively increased and the whole economy is headed toward a level of full employment. 1Vhen our economy operates below capacity, Negroes are more severely affected than other groups. Conversely, return to full employment yields particular benefits to the Negro. Recent studies have shown that for every 1 percentagepoint decline in the general unemployment rate there tends to be a 2 percentage-point r eduction in Negro unemployment. Prompt and substantial tax reduction is a key to achieving the full employment we need. The promise of the area redevelopment �i . 8 - . - -~- - - CIVIL RIGHTS program- which ha.m esses local initia tive town.rd the solution of deep-seated economic distress-mus t no t be stifled for want of sufficient authorization or adequate finan cing. The accelerated public works program is now gaining momentum; States, cities, and local communities should press ahead with the projects financed by this measure. In addition, I have instructed the Departments of Labor, Commerce, and Health , Education, and Welfare to examine how their programs for the relief of unemployment and economic hardship can be still more intensively fo cused on those areas of hardcoi:e, long-term unemployment, · among both white and nonwhite workers. Our concern with civil rights must not cause any diversion or dilution of our efforts for economic pro~E~ss-for without such progress the Negro's hopes will remain unfu1111led. (2) J..101·e education ancl tmining to raise the level of skills.-A clistressing number of unemployed Negroes are illiterate and unskilled, r efugees from farm automation, unable to do simple computations or even to read a help-wanted advertisement. Too many are equipped to work only in those occupations where technology and other changes have reduced the need for manpower-as farm labor or manual labor, in mining or construction. Too many have attended segregated schools that were so lacking to adequate funds and faculty as to be unable to produce qualified job applicants. And too many who have attended nonsegregated schools dropped out for lack of incentive, guidance, or progress. The unemployment rate for those adults with less than 5 years of schooling is a.round 10 percent; it has consistently been double the prevailing rate for high school graduates; and studies of public welfare recipients show a shockingly high proportion of parents with less than a primary school education. Although the proportion of Negroes without adequate education and training is far higher than the proportion of whites, none of these pro bl ems is r estricted to Negroes a.Ione. This Nation is in critical need of a massive upgrading in its education and training effort for all citizens. In an age of r apiclly changing technology, that effort today is failin g millions of our youth. It is especially failing Negro youth in segr egated schools and crowded slums. If we are ever to lift them from the morass of social and economic degradation, it will be th.rough the strengthenin~ of our edu cation and trainin g services-by improving the quality of instruction; by enabling our schools to cope with rapidly e:;,.J)anding enrollm ents;. and by increasing op:portunities and incentives for all individuals to complete their educat10n and to con tinue their self-development during adulthood. I have ther efore reques ted of the Congress and r equest again today the enactment of legislation to assist education at every level from grade school through graduate school. I have also .r equested the enactment of sever al measures which provide, by various means and for various age and educational groups, expanded job training and job experience. Today, in the new and more urgen t context of this message, I wish to renew my request for these measures, to expand their l?rospective operation and to supplemen t them with additional provisions. The additional $400 million which will be r equired beyond that contained in the J anuary budget is more t han offset by the various budget reductions which I have already sen t to the Congress in the last 4 months. Studies show, moreover, that the loss of 1 yea1s income clue to unemployment is mo1'e -- �CIVIL R.IGH'l'S 9 (han the total cost of 12 years of education through high school; and, when . welfare and other social costs are added, it is elem· that failure to take {hese steps will cost us far more than thefr enactment. There is no more profitable investment than educa tion, and no greater waste than ill- I trained youth. Specifically, I now propose: (A) That additional funds be provided to broaden the manpower de velopment ancl tmining program, and that the act be amended, not only to increase the authorization ceiling and to postpone the effec.: tive date of State matching r equirements, but also (in keeping with the recommendations of the President's Committee on Youth Employment) to lower the age for training allowances from 19 to 16, to allocate funds for literacy training, an d to permit the payment of a higher proportion of the program's training nllowances to out-of-school youths, with provisions to assure t.lrnt no on e drops out of school t.o t ake :idvimtage of this progmm ; . . (B) That additional funds be provided to finnnce the pending uouth emvloymerit bill, which is designed to channel the energies of ou t-of-school, out-of-work youth into the constructive outlet offered by hometown improvement proj ects and conservation work; (C) That t,h e pending vocational education amendments, which would greatly update nnd expimd this progmm of teaching job skills to those in school, be strengthened by the nppropriation of additional funds, with some of the added money em·marked for those areas with a high incidence of school dropouts and youth unemploym ent, and by the addition of a new program of demonstration youth train.ir1g projects t o be conducted in these ar eas; · (D) That the vocational education progrnm be furth er amended to provide a worlc-study vrogram for youth of high school age, with F edernl funds helping their school or ot,her local public agency employ them part time in order to ennble and encourage them to coinplete their training; . (E) That the ceiling be raised on the adillt basic education provisions in the pending education progrnm, in order to help the States ten.ch the fund amental tools of li teracy and learning to culturally deprived adults. More than 22 million Americm1S in nll parts of th e country have less than 8 yenrs of schooling; nnd (F) That the public welfare worlc-reli~f ancl training program, which the Congress added last year, be amended to provide Federal fin ancing of the supervision and equipment costs, and rnore F ederal demonstration and training proj ec ts, thus enco uraging Sta.te and locnl welfare agencies to put employable but unemployed welfare recipients to work on local proj ects which do not displace ot,her workers. To make the above r ecommendations effective, I call upon more States to adopt enabling legislation covering un employed fathers under the aid-to-dependent children program, thereby gaining their services for "work-relief" jobs, and tq moYe ahead more Yigorously in implementing the manpower deYelopment and tru.ining program. I am asking the Secretaries of Labor and HEW to make use of th eir authority to deal directly with communities and yocationa.1 schools whenever State cooperation or progress is insufficient, particularly in _those areas where youth unemployment is too high. AboYe all , I urge the Congress to enact all of these measures with aln.crity and foresight. H. Doc. 124, 88-1 - 2 �- 10 CIVIL RIGHTS For even the complete elirnination of ra cial discrimination in employment-a goal toward which this Nation mus~ strive (as discussed below)-will not put a single un employed Negro to work unless he has the skills required and unl ess more jobs hav'e been created-and thus the passage of the legislation described above (under bo th secs. (1) and (2)) is essential if the obj ectives of this message are to be met. (3) Finally racial discrimination in employment must be eliminated. D enial of the right to work is W1fair, regardless of its victim. It is doubly unfair to throw its burden on an individual because of his race or color. . Men who served side by side with each other on the field of battle should have no difficul ty working side by side on an assembly l~ne or construction project. · 'fherefore, to combat this evil in all par ts of the country, (A) The Committee on Equcil Employment Opportunity, under the chairmanship of the Vice President, should be given a permanent statutory basis, assuring it of adequate financing and enforcement procedures. That Committee is now stepping up its efforts to remove rncial barriers in the hiring practices of Federal depa.r tments, agencies, and Federal contractors, covering a total of some 20 million employees and the Nation's major employers. I have requested a company-bycompnny, plant-by-plant, union-by-union 1;eport to assme the implementation of this policy. (B) I will shortly issue an Executive order extending the authority of the Committee on Equal Employment Opportunity to include the construction of buildings and other facili ties undertaken wh olly or in past as a result of F ederal grant-in-aid programs. . (C) I have directed that all F ederal construction programs be review.eel to prevent any racial discrimination in hiring!ractices, either directly in the rejection of presently available qualifie Negro workers or indirectly by the exclusion of Negro applicants for apprenticeshi p training. (D) I have dil'ected the ecr'etary of Labor, in the conduct of his duties under the Federal Apprenticeship Act and E xecutive Order No. 10925, to require that the admission of young workers to apprenti ceship programs be on a completely nondiscriminatory basis. (E) I have dii-ectecl the Secretary of Labor to make certain that the job counseling and placement responsibilities of the Federal-State Employment Service a.r e carried out on a nondiscriminatory basis, a.n d to help assure that full and equal employment oppor tunity is provided nil qualified Negro applicants. The selection and referral of applica,nts for employment and for training opportunities, and the administration of the employment offices' other services a.nd facilities, must be carried on witho ut regaTd to race or color. This will be of special importance to Negro es graduating from hi gh school or college this month. (F) The Departn.1ent of Justice has intervened in a case now pendino- before the NLRB involviug charges ofracinl discrimination on the part of certain union locals. (G) As a part of its new policy on Federal em ployee organizations, this Government ,vill recognize only those that do not discriminate on grounds of mce or color. (H) I have called upon t he leaders of organize<l labor to. end discrimination in their membership policies; and some 118 unions1 representing 85 percent of the AFL--CIO membership, have signea �CML RIGHTS i 11 nondiscrimination agreements with the Committee on Equal Emplojrme'nt Opportunity. More are expected. (I) Finally, I renew my support of pending Federal fair employment practices legislation, applicable to both employers and unions. Approximately two-thirds of the Nation's labor force is already covered by Federal, State, and local equal employment opportunity measures_.:..__ including those employed in the 22 States and numerous cities which hav·e enacted such laws as well as those paid directly or indirectly by Federal funds. But, as the Secretary of Labor testified in Januar)' 1962, Federal legislation is desirable, for it would help set a standarcl for all the Nation and close existing gaps. This problem of unequal job opportunity must not be allowed to grow, as the result of either recession or discrimination. I enlist every employer, every labor union, and every agency of governmentwhether affected directly by these measures or not-in the task of seeing . to it that no false lines ar e drawn in assuring equnlity of the right and opportunity to make a decen t living. IV. COMMUNITY RELATIONS SERVICE I lrnxe rep eatedly ·stressed the fact that progress in race r elations, while it cannot be delayed, can be more solidly and more peacefully nccomplished to the extent that legislation can be buttressed by voluntary action. I have urged each member of the U.S. Conference of Mayors to establish biracial human relations committees in every city; and I hope all communities will establish such a group, preferably through official action. Such a board or committee can provide invaluable services by identifying community tensions before they reach the crisis stage, by improving cooperation and communication between the races, and by advising local officials, merchants, and organizations on the steps which can be taken to insure prompt progress. A similar agency is needed on the Federal level- to work with these local committees, providing them ,vith advice and assistance- to work in those commw1ities which lack a local committee-and generally to help ease tensions and suspicions, to help resolve interracial disputes and to work quietly to improve r elations in any community tbreatened or torn with strife. Such an effort is in no way a substitute for effective legislative guarantees of human rights. But conciliation and cooperation can facilitate the achievement of those rights, enablin g legislation to operate more smoothly and more effectively. The D epartment of Justice and its Civil Rights Division have already performed yeoman service of this nature, in Birmingham, in J ackson, and throughout the country. But the problem has grown beyond the time and energies which a few otherwise burdened officirtls can make available- and, in some areas, the confidence of all will be greater in an intermediary whose duti es are completely separated from departmental functions of investigation or litigation. It is my intention , therefore, to establish by Executive order (until such time as it can be created by statute) an independent Community Relations S ervice- to fulfill the fun ctions described above, working through regional, State, and local committees to the extent possible, and offering its services in tension-torn communi ties either upon its own mot.ion or upon the request of a local official or other party. �12 CIVIL RIGHTS Authority for such a Service is included in the proposed omnibus bill. It will work without publicity and hold all information imparted to its officers in. strict confidence. Its own resources can be preserved by its encouraging and assisting the creation of State and local committees, either on a continuing basis or in emergency situations. Without powers of enforcement or subpena, such a Service is no substitute for other measures; and it cannot guarantee success. But dialogue and discussion are always better than violence-and this agency, by enabling all concerned to sit down and reason together, , can plfty a major rol e in achieving peaceful progress in civil rights. V. FEDERAL PROGRA.i\lS Simple justice requires that public funds ,' to which all taxpayers of all races contribute, not be spent in any fashion which encourages, entrenches, subsidizes, or results in racial discrimination.' Direct discrimination by F ederal, State, or local governments is prohibited by the Constituti9n. But indirect discrimination, th.rough the· use of Federal funds, is just as invidious; and it should not be necessary to resort to the courts to prevent each individual violation. Congress and the Executive have their responsibilities to uphold the Constitution also; and, in the 1960's, the executive branch has sou~ht to fulfill its responsibilities by banning discrimination in federally financed housing, in NDEA and NSF institutes, in federally affected employment, in the Army and Air Force Reserve, in the training of civilian defense workers, and in all federally owned and leased facilities. Many statures providing Federa.l financial assistance however, define with such precision both the administrator's roie and the conditions upon which specified amounts shall be given to designated recipients that the amount of administrative discretion remainingwhich might be used to withhold funds if discrimination were not ended- is at best questionable. No administrator has the unlimited authority to invoke the Constitution in opposition to the mandate of the Congress. Nor would it always be helpful to require unconditionally-as is often proposed-the wi thdrawal of all Federal funds from programs urgently needed by Negroes as well as whites ; for this may only penalize those who least deser ve it without ending discrimination. Instead of permitting this issue to become a political device often exploited by those opposed to social or economic progress, it would be better at this time to pass a single comprehensive provision making it clear that the Federal Government is not r equired, under any statute, to furnish any kind of financial assistance-by way of grant, loan, ?0!1tra_ct, gt~aranty 1 ins~ua1;1c~ or_ otherwise- to ~ny program or activity ill which racial discrrmU1at10n occurs. This would not permit the Federal Government to cut off all Federal aid of all kinds as a means of punishing an area for the discrimination occurring therein- but it would clarify the authority of any administrator with respe?t to Federal funds or financial assistance and discriminatory practices. CoNcLusro Many problems remain that cannot be ignored . The enactment of the legislation I have recommended will not solve all our problems of race relations. This bill must be supplemented by action in every �CIVIL RIGHTS 13 branch of government at the F ederal, State, and local level.' It must be supplemented as well by enlightened private citizens, private businesses and private labor and civic organizations, by responsible educators and editors, and cer tainly by r eligious leaders who r ecognize the conflict between racial bi0 ·otry and the Holy Word. This is not a sectional prob1em- it is nationwide. It is not a partisan problem. The proposals set forth above arn based on, a careful consideration of the views of leaders of both par ties in both Houses of Congress. In 1957 and 1960, members of both parties rallied behind the civil rights measures of my predecessor; n,nd I am cer tain that this tradition can be continued, as it has in the case of world crises. A national domestic crisis also calls for bipartisa.n unity and solutions. We will not solve these problems by blaming any group or section for the legacy which has beerr handed down by past &enerations. But neither will these problems be solved by clinging to tne patterns of the past. Nor, finally, can they be solved in the streets, by lawless acts on either side, or by the physical actions or presence of any private group or public official, however appealing such melodramatic devices may seem to some. Durino- the weeks past, street demonstrations, mass picketing, ana parades have brought these matters to the Nation's attention in dramatic fashion in many cities throughout the United States. This has happened because these racial injustices are real and no other remedy was in sight. But, as feelings have risen in recent days, these demonstrations have increasingly endangered lives and property, inflamed emotions and unnecessarily divided communities. They are not the way in which this country should rid itself of r acial discrimination. Violence is never justified ; and, while peaceful communication, deliberation, and petitions of pro test con tinue, I want to caution against demonstrations which can lead to violence. This problem is now before the Congress. Umuly tactics or pressures will not help and may hinder the effective consideration of these measures. If they are enacted, there will be legal remedies available; and, therefore, while the Congress is completing its work, I urge all community leaders, Negro Emel white, to do their utmost to lessen tensions and to exercise self-restraint. The Congress should have an opportunity to freely work its will. M eanwhile, I strongly support action by local public officials and mer chants to remedy these grievances on their own. The lea-al remedies I have proposed are the embodiment of this Nation's basic posture of commonsense and common justice. They involve every American's right to vote, to go to school, to get a job and to be served in a public place without arbitrary discriminationrigh ts which most Americans take for granted. In short, enactment of the Civil Rights Act of 1963 a t this session of the Congress- however long it may take and .however troublesome it may be- is imperative. It will go far toward providing r easonable men with the r easonable means of meeting these problems; and it will thus help end the kind of r acial strife whi.ch this Nation can h ardly afford. R ancor, violence, disunity, and national shame can only hamper our national standing and security. To par aphrase the words of Lincoln; "In giving freedom to the Negro, we assure freedom to the free-honorable alike in what we give and what we preserve." �14 CIVIL RIGHTS I therefore ask every Member of Congress to set aside sectional and political ties, and to look at this issue from the viewpoint of the Nation. I ask you to look into your hearts-not in search of charity, for the Negro neither wants nor needs condescension-but for the one plain, proud, and priceless quality that unites us all as Americans; a sense of justice. In this year of the emancipation centennial, justice requires·us to insure the blessings of liberty for all Americans and their posterity-not merely for reasons of economic efficiency, world diplomacy, and domes t.ic tranquilit,:v- hut, above all, because it is right. JOHX F. KENN EDY. Trm vVmTE HousE, J nne 19, 1963. A BlLL 'l'o en force the constitut.ionnl right to vote/ to confer jurisdiction 11pon the district courts of the 'l'nlted States to provide lujunotivc relief aga inst c iscrimination in pu blic accommodations, to authorize the Attorney General to institute suits to protect constitutional rights in educa tion, to establish a Community Relations Service, to extend for fou r years the Commission on Civil Rights, to prevent discrimination in federally assisted programs, to establish a Com mission on Equal Employmm1t Opportu11itr, nnd for other purposes Be it enacted by the S enate and l-1011.se of Representatives of the United States of America in Congress assembled, Th at this Act may be cited as the "Civil Righ ts Act of 1963." SEC. 2. (a) Discrimiuation by reason of ra ce, color, religion, or national oriµ;in is incompatible with the concepts of liberty and equality to which the Government of the United States is dedi cat ed. In recent years substantial steps h ave been taken toward eliminating such discrimination throughout the Nation. N everth eless, ma ny citizens of the United States, solely because of their race , color, or national origin , are denied rights a nd privileges accorded to other citizens a nd thereby subj ect ed to inconvenien ces, humilia tions, and hardships. Such discrimination impairs t he general welfare of the United States by . preventing the full est development of the capabilities of th e whole citizenry a nd by limiting participation in the economic, political, an d cultural life of t h e N a.tio11. (b) It is hereby declared to be the policy of thi s Act to promote the general welfare b y eliminating d i crimin ation based on race, color, religion, or national origin in voting, education, a nd public accommodations through the exercise by Congress of the po11·ers conferred npon it t o regulate the manner of holding Federal elections, to enforce t he provisions of t he fourteenth and fifteenth amendments, to regulat e commerce among t he se veral States, and to make laws necessar y and proper to execute t he power conferred upou it by th e Constitution. (c) It is a lso desirable t hat clisplltes or disagreements ari. ing in any community from the discriminatory trea tment of ind ividuals for reasous of race, color, or national origin shall be resolved on a \·oluutary basis, without hqstility or litigation. Accordingl y , it is t he fur t hf' r pmpo. c of this Act to promote thi s end by providing mach inery for t he volu ntary settlement of such di spu tes and disagreements. TITLE I- VOTL RI GHTS ~a / SEC. 101. Section 200-1- of t he Revised , 'tat utes (J2 U .S. C. J071), as amended by section 131 of th e Civi l R ights Act of 1957 (il Stat. 637), and as furth er amended by section 60 1 of t he Civi l R igh t Act of l!J60 (74 Stat . 90), is furth er amended as follows : (a) Inser t "l" after "(a)" in subsection (a) and add at th e end of subsection (a) th e following new paragraph s: "(2) No p erson acting under color of la\1· shall"(A) in det er1:~ining whether a ny i1idividual is qu alified under St ate law t0 vote in an y 1' ederal election appl y any standard , practice, or proced ure d ifferent from th e , tanrla rrls, prncticPs, or procerl11res appli ed to inclivicl11nls similal'ly sltuaLed who have lwi, n fo1111d b.r Htnte officials to be qualified to •p t e . "( B) dony t ho ri ght of an y indi vid unl t o vole in any F eQ/ll'[l l r.lco f.i on ]ic: ca u e of an error or omission· of ~uch individual on a nv 'record or pa per relatin g to u. 11 y uppll cu;Liou, r cg iAt 1't.l. Li o 11 , JJ lty 111 0 11 t, o f p o ll °Lu.x, or o t,her u ol, re qqi - RiLe to voting, if such P1Tor or omission iR not mate rial in de termining whether such ludivldua l I. qua lified undPr Hl nt e la\\' to vote in such election; or �CIVIL RIGHTS 15 " (C) employ any literacy t est as a qua lification for vot ing in any Federal elect ion unless (i) such test is a dministered t o each individual wholly in ,yr iting and (ii) a certified copy of the test and of t he answers given by the in dividual is fu rnished t o him within twenty-five days of the submission of his written request made wit hin t he period of t ime during which records and papers are required to be retained and preserved pursuant to t it le III of t he . Civil Rights Act of 1960 (42 U.S.C. 1974- 74e; 74 Stat. 88) . " (3) For purposes of this subsection"(A) the term 'vote' sha ll ha ve t he same meaning as in subsection (e) of t his section; "(B) t he words 'Federal election ' sha ll have t he same meaning as in subsection (f) of t his section; and ."(C)" t he phrase 'literacy t est' includes a ny t est of t he ability to read, write, understand, or interpret any matter." (b) Insert immediately following t he period at t he end of the first sentence of subsection (c) t he following new sentence : " If in any such proceeding literacy is a relevant fact it shall be presumed t hat any p erson who has not been adjudged an incompetent and who has completed the sixth grade in a p ublic school in, or a private school accredited by, any State or t erri tory or the District of Columbia where instruction is carried on predominantly in t he E nglish language, possesses sufficient literacy, comprehension, and intelligence to vote in any Federal elect ion as defi ned in subsection (f) of t his section." (c) Add t he following subsection "(f) " and designate the present subsect ion "(f) " as subsect ion "(g)"; " (f) Whenever in any proceeding instituted pursuant t o subsection (c) t he complaint requests a finding of a pattern or practice pursuant to subsect ion (e) , and such complaint, or a motion filed within twenty days after t he effective date .of this Act in t he case of any proceeding which is pending before a district court on such effective date, (1) is signed by t he Attorney General (or in his absence t he Acting Attorney General) , and (2) alleges that in t he affected area fewer t han 15 per centum of t he tot al n umber of voting age persons of the same race as t he p ersons alleged in the complaint to have been discriminated against ar e registered (or otherwise recorded as qualified to vote) , any person resident within t he affected a rea who is of the same race as t he persons alleged to have been discriminated against shall be entitled, upon bis applicat ion t herefor, to an ··order declaring him qualified to vote, upon proof tha t at any election or elect ions (1) he is qualified under State law t o vote, and (2) he bas since the filin g of the proceeding under subsection (c) been (A) deprived of or denied under color of law t he .opportunity t o register t o vote or ot herwise to q1,ialify to vote, or (B) found not qualified to vote by any person act ing under color of law. Such order shall be effective as to any F ederal or State election held within t he longest p eriod for which such applicant could have been registered or otherwise q ualified under State law at which the applicant's qualificat.ions would under State law ent itle him to vote : P rovided, That in the event it is determined upon final disposition of the proceeding, including any review, that no pattern or practice of deprivat ion of any right secured by subsection (a) exists, t he order shall thereafter no longer qualify t he applicant to vote in any subsequent election. " Not withst anding an y inconsistent p rovi1;ion of State law or t he action of any State officer or court, an applicant so declared qualified to vote shall be permitted t o vote as provided herein . T he Attorn ey General shall cause to be transmitted cer tified copies of any order declar ing a person quali.fied t o vote to the appropriate elect ion officers. The refusal by anv such offi cer with not ice of such order t o p ermit an y person so qu alified to vote at an appropriate election shall constitute con tempt of court. "An ap plication for an order pursuant t o t his subsccLion shall be hear d within t en days, and the execut ion of any order disposing of such application shall not biystayed if the effect of such stay would be to delay t he effectiveness of the_ order beyond t he date of any election at which the applicant would otherwise be enabled to vote. " The court may appoint one or more persons, t o be known as t emporar y vot ing referees, t o receive applications pur ua nt t o this subsection and to take evidencr. and report t o the court fin dings as to whether at an y election or elections (1) any applicant entitled under t his subsection to apply for an order declaring him qualified to vote is qualified under State Jaw to vote, and (2) he has since t he filing of the p roceeding under subsection (c) been (A) deprived of or denied under color of law t he opp ortunity t o registei· t o vote or ot herwise t o qualify t o vote, or (B) found not qualified t o vote by any person acting under color oi law. T he �16 CIVIL RIGHTS · procedure for processing applications under this subsect ion .and· for the -entry of orders shall be the same as that pro vided for in the fourth and fifth paragraphs of subsection (e). . . "In appointing a temporary voti ng referee the court shall make its selection from a panel provided by the Judicial Conference of the circui t. Any temporar y voting referee shall be a resident a nd a qualified voter of the State in which he is to serve. He shall subscribe to the oath of office required by section 17 57 of the Revised Statutes (5 U.S.C. 16) , and shall to the extent not inconsistent herewith have all the powers conferred upon a master by rule 53(c) of the Federal Rules of Civil Procedure. The compensation to be allowed any persons appointe d by the district court pursuant to this subsection shall be fixed by the court and shall be payable by the United States. In the eve nt that the district court shall appoint a retired officer or employee of the United States to serve as a temporary voting refere e, such officer or employee shall continue to receive, in addition to an y compensation for services rend ered purs uant to t his subsection, all retirement benefits to which he may otherwise be entitled. · " The court or temporary voting referee shall ente rtain applications and the court shall issue orders pursuant to this subsection until final disposition of the proceeding under subsection (c), including any review, or until the finding of a pattern or practice pursuant to subsection (e), whichever shall first occur. App lications pursuant to this subsection shall be determined expeditiously, a nd this subsection shall in no way be construed as a limitation upon the existing powers of the court. " When used in this subsection, the words 'Federal election' shall mean any general, special, or primary election held solely or in part for the purpose of electing or selecting any candidate for the office of President, Vice President, presidential elector, Member of the Senate, or Member of the House of Repre·sentativcs; the words 'State election' shall mean ai1y other general, special, or primary election held solely or in 1)art for the purpose of electing or selec ting any candidate for public office; the words 'affected area' shall mean that county, parish, or similar subdivision of the State in which the la ws of the State relating to voting are or have been admin ist ered by a person who is a defend ant in the proceeding instituted under subsection (c) on the elate th e original complaint is filed; and the words 'voting age persons' shall mean those persons who meet the 1 age requirements of State law for voting." (cl) Adel the followin g subsection " (h) ": "(h) In any civil action brought in any district court of the Un ited States under this section or title III of the Civil Rights Act of 1960 (42 U.S. C. l974-74e ; 74 Stat. 88) wherein the United States or the Attorney General is plaintiff, it shall be the duty of the chief judge of the district (or in his absence, the acting chief judge) in which the case is pending immediat ely to designat e a judge in such district to hear and determine the case. In the event that no judge in the district is available to hear an d det ermine the case, the chief judge of the district, or the acting chief judge, as the case may be, shall certify this fact to the chief judge of the circuit (or in his absence, the acting chief judge) who shall then designate a district or circuit judge of the circuit to hear a nd det ermine the case . "It shall be the duty of the judge designated pursuant to this section to assign t he case for hearing a t the earliest practic able d a te a nd to cause the case to be in every way expedited ." .. TITLE II- INJUKCTIVE RELIEF AGAINST DIS CRIMI KATIO N IN PUBLIC ACCOMMODATIOKS F I ND I NGS SEC. 201. (a) The America n people have become increasingly mobile dming tho last generation, a nd millions of Ameri can citi zens travel each year from State to S-tat e by rail, a ir, bus, automobile, and other mea ns. A substanti al number of such travelers are members of mi nority racial an d religious groups. These citizens, parti cul arly Negroes, a rc subj ec ted in ma ny places to discrimin ation a nd segregation, and they are frequently un able to obtain the goods a nd services availa ble to other interstate travelers. (b) Negroes an d members of other minority groups who travel interstate are frequently una ble to obtain adequate lodging acco mmod ations during their travels, with the res ul t that they may be compelled to stay a.t hotels or motels of poor and inferior quality, travel great distances from their norm al routes to find adequ at e accommodations, or make det ailed arrangements for lodging far in adva nce of scheduled interst at e travel. �CIVIL RIGHTS 17 (c) Negroes aud members of other minority groups who travel interst at e are frequentlf unable to obtaiu adequat e food service at convenient places along their routes, with the result that many are dissuaded from traveling interstate, while others must travel considerable distances from their intended routes in order to obtain adequat e food service. (dJ Goods, ser vices, and persons in the amusement and entertainment indu. tries commonly move in interstate commerce, and t he entire American p eople benefit from the increased cult ural and recreational opport unities afforded thereby. Practices of audience discrimination and segregation artificially r estrict the number of persons to whom the interst ate amusement and entertainment indust ries may offer t heir goods and services. The burdens imposed on interstat e commer ce by such practices and the obstructions to the free flow of commerce wh ich r esult therefrom are serious and substantial. (e) Retail establishments in all States of the Union purchase a wide variety and a large volume of goods from business concerns located in other States and in foreign n ations. Discriminatory practices in such est ablishments, which in some instances have led to the withholding of patronage by those affected by such practices, inhibit and restrict the normal distribution of goods in the interst ate market. (f) Fraternal, religious, scientific, and other organizat ions engaged in interst at e operations are frequently dissuaded from holding conventions in cit ies which they would otherwise select beca.use t he public facilities in such cities are either not open to all m embers of racial or religious minority groups or are available on a segregated basis. (g) Business organizations are frequently hampered in obtaining t he servi ce· of skilled workers and persons in the professions who are likely to encount er discrimination based on race, creed, color, or national origin in rest aurant s, ret ail stores, and places of amusement in t he area where t heir services are needed. Business organizat ions which seek t o avoid subjecting t heir employees t o such discrimination and to avoid the strife resulting therefrom are restrict ed in t he choice of location for their offices and plants. Such discriminat ion thus r educes the mobility of the national labor force and prevents the most effective aJlocation of national resources, including the interstate movement of indust ries, p articularly in some of the areas of the Nation most in need of indust rial and commer cial expansion and development. (h) The discriminatory pract ices described aboYe are in all cases encouraged, fost ered, or tolerated in some degree by the government al aut horities of the Stat es in which t hey occur, which license or protect the businesses involved by means of laws and ordinances and the activit ies of their executive and judicial officers. Such discriminatory practices, part icularly when their cumulative effect throughout t he Nation is considered, t ake on t he character of act ion by t he States and t herefore fall wit hin t he ambit of the equal protection clause of the fo urteent h amendment to t he Constitut ion of t he Unit ed States. (i) The burdens on and obst ruct ions t o commerce which are described above can best be removed by invoking t he powers of Congress under the fo urteent h amendment and the commer ce clause of t he Constitut ion of t he United States to prohibit discrimination based on race, color, religion, or national origin in certain public est ablishment s. R I GHT TO NOND I SCRUJI N A'l' IO N I X PLM ' E S O l•' P URLI C ACCO MMO DATI O N SEc. 202. (a) All persons shall be ent itled, without discrimination or segregation on account of race, color, religion, or national origin, to t he full and equal enjoyment of the goods, services, fac ilit ies, privileges, advantages and accommodations of the following public establishments : (1) any hotel, motel, or ot her public place engaged in furnishing lodging to transient guests, including guests from ot her States or traveling in interstate commerce; (2) any motion picture house, theater, sport 11rena, stadium, exhibit ion hall, or other p ublic place of amusement or entertainmen t which customarily p resents mot ion pictur s, perfo1:ming groups, athletic team , exhibit ions, or other sources of entertainment which move in interstate commerce; and (3) any retail shop, department store, mar ket, dru g store, gasolin e station, or other public place which keeps goods for sale, any restaurant , lunch room, lunch counter , soda fo untain, or other public p lace engaged in selling food for consumpt ion on t he premises, and an y other e tablishment where goods, services, facilities, privileges, advantages, or accommodations are held out t o t he public for sale, use, rent, or hire, if- �18 CIVIL RIGHTS (i) the goods, services , facilities, privileges, advantages, or accommoda tions offered by any such place or establishment are provided to a substantial degree to interstate travelers, (ii) a substantial portion of a ny goods held out to the public b y any such place or establishment for sale, use, rent, or hire has moved in interstate commerce, (iii) the activities or operations of such place or est ablishment otherwise substantially affect interstate trave l or the interstate movement of goods in commerce, or (iv) such place or establishment is a n integral p art of an establishment included under this subsection. For the purpose of this subsection, t he t erm " integral p art" means physically located on the premises occupied by a n establishment, or located contiguous to such premises an d owned , operated, or controlled, directly or indirectly, b y or for the benefit of, or leased from the persons or business ent it ies which own, operate, or control an establishment. (b) The provisions of this title shall not a pply t o a bona fid e priva te club or other establishment not open to the public, except to the extent that the facilities of such establishm ent are made available to the cus tomers or pa t rons of an establishm en t within the scope of subsection (a). PROHIBITION AGAINST DE NI AL OF OR IN TERFERE NCE WIT H THE RIGH T TO NON D ISC RIMIN ATION SEc . 203. No p erson, whet her acting under color of law or otherwise, shall (a) wit hhold, d eny, or attempt to wit hholrl or deny, or d eprive or attempt to deprive, any person of a ny righ t or privilege secured by section 202, or (b) interfere or attemp t to interfere wi t h any right, or privilege secured by section 202, or (c) intimidate, t hreaten, or coerc e any p erson wi t h a purpose of interfering with any ri ght or privilege secured by section 202, or (cl) punish or attempt to punish any p erson fo r exercising or attempting to exercise any right or privilege secured by section 202, or (e) incite or aid or abet any p erson t o do any of the foregoing. CI VIL ACTION FO R PREVENTIVE R ELIEF SEc. 204. (a) Whenever a ny p erson h as engaged or th ere are reasonable grounds to believe that any p erson is a bout to engage in a ny act or practice prohibited by section 203, a civil action for preYent iYe relief, including a n application for a p ermanent or t empora ry injunct ion, restra ining ord er, or oth er order, may b e instituted (1) b y the p erson aggri eved , or (2) by th e Attorney General for or in the name of th e United Sta.tes if he cer t ifies th a t he has received a written compla int from the p erson aggrieved a nd that in his judgment (i) th e p erson agg rieved is un ab le to initiate a nd maintain appropria te legal pro ceedin gs a nd (ii) t h e purposes of this title will be materially fur t hered by t he filin g of a n action . (b) In an y a ct ion commenced p ursua nt to t his t itle by the p erson aggrieved , he sh all if he prevai ls be a llowed a reason ab le a ttorn ey's fee as part of t he costs. (c) A p erson shall be deemed una ble to ini t iate a nd mainta in appropriate legal pro ceedings within t he mea nin g of subsection (a) of this sect ion wh en such p erso n is unable, eith er d irectly or through ot her interes ted p ersons or orga ni zations, to bear the expense of the li t igation or to obta in effect ive legal representation; or wh en there is reason to bP!ieve tha t th e institution of such li t iga tion by him would jeopardize the emp loy ment or eco nomi c sta ndin g of, or mig ht result in in jury or economic da mage to, su ch p erson , h is fa mily , or his property . (cl ) In case of a ny compla in t rece ive d by t he Attorney General allegin g a vio la t ion of section 203 in an y jurisdi ction where Stat e or loca l laws or regulations a p pear t o him to forbid t he act or pra ct ice in vo lved, the Attorney Genera l sha ll sha ll no t ify the appropriat e State a nd loca l officia ls a nd, upon re quest, a fford them a rea sonable time to act un der such Stat e or local la ws o.r regulat ions before he inst it u tes a n a ction. In the case of an y ot her compla int a lleging a violat io n of sect ion 203, the Attorney Ge nera l sha ll, before instit u t in g a n ac t ion , refer t he ma t te r t o t he Community R ela t ions Ser vice established by t itle IV of t his Act, which sha ll endeavor to secm c complia nce by volu ntary procedures. N o actio n sha ll be institu te d by the At t orney Genera l le s than thj rty da ys a fter such referra l unless t he Comm u ni ty R ela ti ons Ser v ice notifies him that its e ffor ts ha ve been un successful. Co mplia nce wit h t he for egoing provisions of t his subsection shall not be re quired if the Attorney Genera l sha ll file with t he court a cert ificate that the dela y conse quent upon complia nce wit h such provisions in t he pa rticular case wou ld adversely a ffect t he interests of t he Unite d States, or t ha t , in the particular case , complian ce wit h such provisio ns wo uld be fruitless. �CIVIL RIGHTS 19 J lJRI SDI CTI ON SEC. 205. (a) The district courts of the United States shall have 'jurisdiction ·o f proceedings instituted pursuant to t his title and shall exercise the same without regard to whether the aggrieved party shall have exhausted any administrative or other remedies that may be provided by law. . (b) This title shall not preclude any individual or any State or local agency from pursuing any remedy that may be availabJe·under any Federal or State Jaw, including any State statute or ordinance requiring nondiscrimination in public establishments or accommodations. TITLE III- DESEGREGATION OF PUBLIC EDUCATION DEFINITIONS SEc. 301. As used in this title(a) "Commissioner" means the Commissioner of Education. (b) "Desegregation" mea,ns the assignment of students to public schools and within such schools witho_u t regard to their race, color, religion, or national origin. (c) "Public school" means any elementary or secondary educational institution, and "public college" means any institution of higher education or any technical or vocational school above the secondary school level, operated by a State, subdivision of a State, or governmental agency within a State, or operated wholly or predominantly from or through the use of governmental funds or property, or funds or property derived from a governmental source. · (d) "School board" means any agency or agencies which administ er a system of one or more public schools and any other agency which is responsible for the assignment of students to or within such system. A SSI STAN CE 'l'O FACILITATE DES EGREGA'l'ION SEc. 302. The Commissioner shall conduct investigations and make a report to the President and the Congress, within two years of the enactment of this title, upon the extent to which equal educational opportunities are denied to individuals by reason of race, color, religion, or national origin in public educational institutions at all levels in the United States, its territories and possessions, and the District of Columbia . SEC. 303. (a) The Commissioner is authorized, upon the application of any school board, State, municipality, school district, or other governmental unit , to render technical assistance in the preparation, adoption, and implementation of plans for the desegregation of public schools or other plans designed to deal with problems arising from racial imbalance in public school systems. Such technical assistance may, among other activities, include making available to such agencies information regarding effective methods of coping with special educational problems occasioned by desegregation or racial imbalance, and making available to such agencies personnel of the Office of Education or other persons specially equipped to advise and assist them in coping wit h such problems. (b) The Commissioner is authorized to arrange, through grants or contracts, with inst it utions of higher education for the operation of short-term or regular session institutes for special training designed to improve the ability of t eachers, supervisors, counselors, and other elementar y or secondary school personnel to deal effectively with special educational problems occasioned by desegregation or measures to adjust racial imbalance in public chool syst ems. Individuals ·who attend such an institute may be paid stipends for the period of their attendance at such institute in amounts specified by the Commissioner in regulations, including allowances for dep endents and including allo~rnn ces for travel to att end such inst itute. SEC. 304. (a) A school board which has failed to achieve desegregation in all public schools within its jurisdiction, or a scho.ol board which is confronted wit h problems arising from racial imbalance in the public schools within its jurisdiction! may apply to the Commissioner, either directly or t hrough another governmenta unit, for a grant or loan, as hereinafter provided, for the purpose of aiding such school board in carrying out desegregation or in dealing with problems of racial imbalance. �20 CIVIL RIGH'l'S (b) The Commissioner may ma ke a grant und er this section, upon application therefor, for(1) the cost of giving to t eachers and other school personnel inservice training in dealing with problems incide nt t o desegregation or racial imbalance in public schools ; and (2) the cost of employing specialists in prolJ!Pms incident to desegregat.ion or racial imbalance and of providing other ass is tance to develop understanding of these problems by parents, schoolchildren, a nd the general public. (c) Each application made for a gran t und er t his section shall provide s uch detailed infor mation and be in such forrn as the Commissioner may req uire. Each grant under this section shall be made in such a moun ts a nd on such terms and conditions as t he Commissioner shall prescribe, which may include a condition that the applica nt expend certain of it.s own funds in specified amounts for the purpose for which t he grant is made. In determining whether to make a gra1tt, and in fixing the amount th ereof and the t erms and conditions on which it will be made, the Commissioner shall take int o considerat ion th e amount available for gran ts under this section and the other applications wh ich are pending before him ; the financial condition of the applicant and t he ot her resources available to it ; the nature, extent, and gravity of its problems incident to desegregation or racial imbalance, a nd such other factors as he find s relevant. (d) The Commissioner may ma ke a loan under this section, upon application, to any school board or to any local government wit hin the jurisdiction of which any school board operates if the Commissioner find s that(1) part or all of the funds whi ch wou ld otherwise be available to any s uch school board, either directly or through t he local government within whose jurisdiction it operates, have been withheld or withdrawn by State or local governmental act ion because of the act ual or prospect ive desegregat ion, in whole or in part, of one or more schools under the jurisdiction of suc h school board; (2) such school boa rd has authority to receive and e xpend, or such local government has authority to receive and make availa ble for the use of such board, the proceeds of such loan; and (3) the proceeds of such loan 'ldll be used for t he same purposes for which the fund s withheld or withdrawn would otherwise have bee n used. . (e) Each application made for a loan under th is section sha ll provide such detai led information and be in such form as t he Commissioner may require. Any loan under this section shall be made upon such t erms a nd conditions as the Commissioner shall prescribe. (f) The Commissioner may suspend or terminate assistance under this sect.ion to any school board which, in his judgment, is failin g to comply in good faith with the t erms a nd conditions upon which the assist a nce was extended. SEc. 305. P a yments pursua nt to a grant or contract under this t itle may bo made (after necessary adjustments on account of previously made overpayments or underpa yments) in adva nce or by way of reimbursement, and in such installme nts, and on such conditions, as the Commissioner ma y determine. SEc. 306. The Commission er shall prescribe rules and reg ul ations to carry out the pro visions of sec tions 301 throu gh 305 of this title. SU ITS BY THE ~ TTOR~E Y GE~E RAL SEC . 307. (a) Whenever t he Attorney G eneral receives a co mplaint(! ) signed by a parent or group of parents to the effect that his or their minor children, as members of a class of persons similarly s ituat ed, are being deprived of the equal prot ection of th e laws by reason of th e fa ilure of a school board to achieve desegregation, or (2) signed by an individual, or his p arent , to th e effect th at he has been deni ed adm ission to or not p ermitted t o co ntinue in attendance at a public college by reason of r ace, color, religion or nation al origin, and the Atto rney Ge neral certifi es that ill his judgment the s igner or signers of such complaint are una ble to initiate and m aintain appropriate legal proceedings ma t eri ally fur t her the orderly for relief a nd that the institu t ion of an action progress of desegrega tion in public education, th e Attorney General is authorized to institute for or in the na me of the United States a civil action in a district court of the United State against s uch parties and for s uch relief as m ay be appropri at e, a nd s uch court s hall have a nd shall exercise jurisdiction of proceedings instituted purs uant to this section. The Attorney General may implead as defendants s uch additional parties as are or become necessary to the grant of effective relief hereunder . ,,·ill �CIVIL RIGHTS ·21 (b)" A perso1i or persons shall be deemed unable to initiate and maintain appropriate legal proceedings \Yithin the meaning of subsection (a) of this· section when such p erson or persons are unable, eit her directly or through other interested p ersons or organizations, to bear t he expense of the litigation or to·obt'ain effective legal representation; or when there is reason to believe t hat t he institution of such litigat ion would jeopardize t he employmen t or economic standing of, or might result in injury or economic damage to, such person or persons, their families, or t hei1· property. · (c) Whenever nn action has been commenced in any Court of t he United States seeking relief from t he denial of equal protection of t he laws by reason of the failure of a school board to achieve desegregation, or of a public college t o admit or permit t he continued att endance of an individual, the Attorney General for or in t he name of the United States may intervene in such action if he certifies that, in his judg. ment, the plaintiffs are unable to maintain t he act ion for any of the reasons set f,;irth in subsection (b) of this section, and t hat such intervention will materially Jmther the orderly progress of desegregat ion in public education. In such an action the United States shall be ent itled to t he same relief as if it had instituted the action under subsection (a) of this section. (cl) The term "parent" as used in t his section includes other legal representat ives. SEC. 308. Nothing in this title shall be construed to deny, impair, or ot herwise affect any right or authority of the Attorney General or of the United States under existing law to institute or intervene in any action or proceeding. S_EC. 309. In any action or proceeding under this t itle t he United States shall be liable for costs the same as a private person. · SEc. 310. Nothing in this t itle shall affect adversely the right of any person to sue for or obtain relief in any court against discrimination in public education . TITLE I V-ESTABLISH ME T OF COlVIMUNITY RELATIONS SERVICE SEc. 401. There is hereby established a Community R elations Service (hereinafter referred to as t he "Service") , which shall be headed by a Director who shall be appointed by the President. The Dil'ector shall receive compensation at a r ate of $20,000 per year. The Director is authori zed to appoint such addi.tional officers and employees as he deems necessary to carry out the purposes of this title. · SEc. 402. It shall be the function of the Service to provide assistance to communit ies and persons t herein in resolving disputes, disagreements, or difficulties r elating to discriminatory practices based on race, color, or national origin which impair t he rights of persons in such communities under the Constitution or laws of the United States or which affect or may affect interstate commerce. The Servi ce may offer its services in cases of such disputes, disagreements, or difficulties whenever in its judgment peaceful relations among the citizens of the community involved are threatened t hereby, and it may offer its services either upon its own motion or upon the request of an appropriate local official or other interest ed person. SEc. 403. (a) The Ser vice shall whenever pas ible in performing its functions under this t itle seek and u tilize t he cQoperation of t he appropriate State or local agencies and may seek and ut,ilize t he cooperation of any nonpublic agency which it believes may be helpful. (b) The activities of all officers and employees of t he Ser vice in providing assistance under t his t itle shall be conducted in confidence and without pu blicity, and the Service shall hold confident ial any information acquired in t he regular p erformance of its du ties upon t he understanding t hat it would be so held. No officer or employee of the Service shall engage in t he performance of investigative or prosecuting functions for any department or agency in any litiµation arising out of a dispute in which he acted on behalf of the Service. SEC. 404. Subject to the provisions of. section 403(b), the Director shall, on or before January 31 of each year, submit to the Congress a report of t he activities of the Service d uring the preceding fiscal year. Such report shall also contain information ~1·ith respect to the internal administration of the Ser vice and may contain recommendations for legislat ion necessary for improvements in such ·internal administration . �22 CIVIL RIGHTS TITLE V-COMMISSION ON CI VIL RIGHTS SEc. 501. Section 102 of the Civil Right s Act of 1957 (42 U.S.C. 197511; 71 Stat. 634) is amended to read as follows : "RU LES OF PRO CED U RE OF THE COMMI SSIO N, HEARINGS "SEC. 102. (a) The Chairman, or one designated by him to act as Chairman at a hearing of the Commission, shall announce in an opening statement the subject of the hearing. "(b) A copy of the Commission 's rules shall be mad e available to the witness before the Commission. " (c) Witnesses a t th e hearings may be acco mp ani ed by their own counsel for th e purlJ,ose of ad vising them concerning th eir constitutional rights. "(d) The Chairman or Acting Cha irma n may punish breaches of order a nd decorum a nd unprofessional ethi cs on the part of counsel, by censure a nd exclusion from th e hearings. "(e) If the Commission det ermines that evidence or t estimony a t a ny hearing may t end to defam e, degrade, or incriminate any p erson, it shall receive such evidence or t estimony or summary of such evidence or t estimony in executive session . In the event the Commission determines that such evidence or t estimony shall be given a t a public session, it sha ll afford such p erso n an opportunity volun t a rily to appear as a witness a nd receive a nd dispose of requ ests from such p erson to subpena additional witnesses. "(f) Except as provided in sections 102 a nd 105(f) of this Act, the Cha irma n shall receive and th e Commission shall dispose of requests to subp ena addition a l witnesses. " (g) N o evidence or tes timony or sum mary of eYiclence or t est imony t a ken in executive session may be releas ed or used in public sessions wi thout t he consent of the Commission . Whoever releases or uses in public wit hout the conse nt of the Commission such evidence or testimony taken in exec utive session shall be fin ed not more than $1,000 or imprisoned for not more tha n one year. " (h) In the discretion of t he Commission, witnesses may submit brief a nd pertinent sworn statements in writ ing for inclusion in the record . The Commission is the sole judge of the p ertinency of testimony a nd evidence aclducecl at its hearings. " (i) Upon p ayment of t he cost th ereof, a 11·it ness may ob t ain a t ransc rip t cop y of his test imony given at a public session or, if give n at a n exec ut ive session, when a ut horized by t he Commission. " (j) A wi tness attending any session of the Commission shall receive $6 for each clay 's at tend ance and for t he time necessarily occupied in going t o a nd ret urning from t he same, and 10 cents per mile for going from a nd returning to his place of residence. Witnesses who attend a t points so far removed from their respective residences as t o prohibit return t hereto fro m day t o day shall be enti tled t o a n addit ional allowance of $10 per clay for expenses of subsistence, including th e t ime necessarily occupied in going t o and ret urnin g from the pl ace of attend ance. Mileage pay ments shall be t endered t o t he wit ness upon se rvice of a subp ena iss ued on beha lf of t he Commission or a ny sub committ ee t hereof. " (k) The Commission shall not ·issue any subpena for the attendan ce and t estimony of wit nesses or for the production of written or other matter whi ch would require t he presence of the party subp enaed a t a hearing to be held outside of t he Stat e wherein th e wit ness is found or resides or is domi ciled or transacts business, or has appoin t ed an agent for receipt of ser vice of process except th at, in any event , t he Commission may issue subpenas for th e attend ance a nd t est imony of wit nesses a nd th e prod ucti on of written or other matter at a heari ng held wit hi n fif t y miles of t he p lac e where t he witn ess is fo un d or resides or is domicilied or t ransacts business or has ap poin t ed an a gent for r eceipt of service of process." SEc. 502. Section 103(a) of th e Civil Ri ghts Act of 1957 (42 U.S.C. 1975b (a) ; 71 Stat. 634) is amended to read as fo llows : "SEc. 103. (a) Eac h mem ber of t he Commission who is not otherwise in the service of the Go vernm ent of t he United States shall receive th e smn of $75 p er clay for each day spent in th e work of th e Com mission, shall be paid actu al t ravel exp enses, and per di em in lieu of subsist ence expenses when away from his usual place of residence, in accordance with secti on 5 of the Admi nistrati ve E xp enses Act of 1946, as a mended (5 U.S.C. 73b-2 ; 60 Stat. 808)." SEc. 503. Section 103(b) of the Civil Rights Ac t of 1957 (42 U.S.C. 1975 (b); 71 St at . 634) is a mended t o read as follows : �CIVIL RIGHTS 23 "(b) Each member of the Commission who is ot herwise in the service of the Government of t he United States shall serve without compensation in addition to that received for such other service, but while engaged in the work of the Commission shall be paid actual travel expenses, and per di em in lieu of subsistenc e expenses when away from his usual place of residence, in accordance with the provisions of the Travel Expense Act of 1949,· as· amended (5 U.S.C. 835-42; 63 Stat. 166) ." . . SEc. 504. Section 104 of the Civil Rights Act of 1957 (42 U.S.C. 1975c ; 71 Stat. 635) , a,s amend ed, is fur ther amended to read as follows: 11 D UTIE S O~' THE CO~!MISSION " Sec. 104. (a) The Commission shall" (1) investiga te allegations in writing under oath or affirmation that certain citizens of the United States are being deprived of their right to vote and have t hat vote counted by reason of their color, race, religion, or national origin; which writing, under oa t h or aflirmation, shall set forth the facts upon which such belief or beliefs a re based; "(2) study and collect information concerning legal developments co nstituting a denial of equal protection of the laws under t he Constitution ; "(3) appraise t he laws and policies of the Federal Government with respect to equal protection of the laws under the Constitut ion; a nd "(4) serve as a national cleari nghouse for information, and provide advice and technical assist ance to Government agencies, communities, industries, organizations, or individuals in respect t o equal protection of the laws, including but not limited to t he fi elds of voting, education, housing, employment, the use of public facilities, transportatio n, a nd the administration of justice. The Commission may, for s uch periods as it deems necessary, concentrate t he performance of its duti es on those specified in either paragraph (1), (2), (3), or (4) and may further ..concentrate the performan ce of its duti es under any of such paragraphs on one or more aspects of the duti es imposed therein. " (b) The Commission shall submit interim repor t.5 to .the President and to the Congress at such times as either the Commission or the President shall deem desirable, and shall submi t to the President and to t he Congress a fin al and comprehensive report of its activities, findings, an d recommendations not later th an September 30, 1967. "(c) Sixty days after the s ubmission of its final report an d recommendations the Commission shall cease to e:,..ist." SEc. 505. (a) Section 105(a) of the Civil Rights Act of 1957 (42 U.S.C. 1975(d) ; 71 Stat. 636) is amended b y strikin g out in the last sentence thereof " $50 per di em" and inserting in lieu thereof " $75 per di em." SEc. 506. Section 105(g) of t he Civil Rights Act of 1957 (42 U.S.C. 1975d(g); 71 Stat. 636) is amended to read as follows: "(g) In case of contumacy or refusal to obey a subpena, any district court of the Unit ed States or the United Stat es court of a ny t erritory or possession, or the District Court of the United States for th e Dist ri ct of Columbia, within the jurisdiction of which th e inquiry is carried on or within the jurisdiction of which said person guilty of contumacy or refusal to obey is found or resides or is domi ciled or transacts business, or has appointed an agent for receipt of servi ce of process, upon application by the Attorney General of the United States shall h ave jurisdiction to iss ue to s uch person an order requiring such p erson to appear befo re th e Commission or a subcommittee thereof, there to produce evidence if so ordered, or there to give t estimony touching the matter under investigation; and any failure to obey such order of the court may be punished by said court as a contempt thereof. " SEC. 507. Section 105 of the Civil Rights Act of 1957 (42 U.S.C. 1975d· 71 Stat . 636), as amended by section 401 of the Civil Rights Act of 1960 (42 U.S.C. 1975d(h) ; 74 Stat. 89), is further amended by add ing a new subsection at the end t o read as follows: "(i) The Commission shall have the power to make such rul es and regulat(ons as it deems necessary to carry out the purposes of this Act." �24 TITLE CIVIL RIGHTS VI-NONDISCRIMINATIOK I K PROGRAMS · FE,DERA~LY ASSISTED SEc. 601. Notwithstanding any provision to th e contrary in any law of the United States providing or authorizing direct or indirect financi al assistauce for or in connection with any program or activity by way of grant, contract, loan, insurance, guaranty, or otherwise, no such law shall be interpreted as requiring that such financial assistance shall be furnished in circumstances under which individuals participating in or benefiting from the program or activity are discriminated against on the ground of race, color, religion, or national origin or are denied participation or benefits therein on the ground of race, color, religion, or national origin . All contracts made in connection with any such program or activity shall contain such conditions as the President may prescribe for the purpose of assuring that there shall be no discrimination in employment by any contractor or subcontractor on the ground of race, color, religion, or na tional origi11 . TTTLE VII- COMMISSION ON EQUAL EMPLOYivIENT ·oPPORTUNITY Si,;c. 701. The President is authorized to establish a Commission to be known as t he " Commission on Equal Employment Opportunity," hereinafter referr ed to as the Commission . It shall be the function of the Commission to preven t discrimination agai\}St employees or applicants for employment because .of rac e , color, religion, or national origin by Government contractors and subcontractors , and by contractors and subcontractors participating in programs or activities in which direct or indirect financial assistance by the United States Government is provided by way of grant, contract, loan, insurance, guaranty, or otherwise. The Commission shall have such powers to effectuate t he purposes qf this title as may be conferred upon it by the President. The President may also confer upon t h e Commission such powers as he deems appropriate to· prevent discrimination on t he ground of race, color, religion, or nat ional origin in government employment. SEc. 702. The Commission shall consis t of the Vice President, who shall serve as Chairman, tlie Secretary of Labor, who shall serve as Vice Chairman, and not more than fifteen other members appointed by and serving at the pleasure o( the President. Members of the Commission, whi le attending meetings or conferences of the Commission or otherwise serving at the request of the Commission, shall be entitled to receive compensation a t a rate to be· fixed by it but not exceeding $75 per diem, including tra vel time, and whi le away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as au t hori zed by section 73b-2 of title 5 of the United States Code for persons in the Government service employed intermittently . . SEC. 703 . (a) There shall be an Executive Vice Chairman of the Commission who sha ll be appointed by t.11e Pres ident and who shall be ex officio a member of the Commi s ion . The E xecut ive Vi ce Chairman shall assist the Chairm an, the Vice Chairm an, and tho members of t ho Commission and shall be respons ible for carrying out the orders a nd recommend ations of the Commission and for performin g s uch other fun ctions as t he Commission may dir ect. (b) Section 106(a) of th e Federal Executive Pay Act of 1956, as amended (5 U.S .C. 2205(a)), is fur ther a mende·d by adding t he following clause thereto: "(52) E xecuti ve Vice Chairm an, Commission on Equal Employment Opportunity ." (c) The Commission is au thori zed to a ppoin t, subj ect to the civil service laws and regulations, such ot her personnel as may be necessary to enable it to carry out it,s function s and duties, and to fi x th eir compensation in accordance with the Classification Ac t of 1949, and is a ut hori zed to procure services as authorized by section 14 of t he Act of Au gust 2, 1946 (60 Stat. 810 ; 5 U.S.C. 55a), but at r ates for indi vidual · no t in excess of $50 a day. TITLE VIII- MISCELLA TEOUS SEC . 801. There arc hereby au t horized t o be appropriated such sums as are necessary to carr y ou t t ho provisions of this Act . SEc . 802. If any pro vi ion of this Act or the application thereof to any person or circumstance is held invalid, the r ema inder of the Act and the application of the provis ion to other persons or circumstances s hall not be affected thereby. 0 � Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Text Any textual data included in the document k) ~ ~ oU.--k '\ ~ 88TH CONGRESS lstSession } HOUSE OF REPRESENTATIVES { DocrnrnNT No. 124 CIVIL RIGH TS MESSAGE F ROM THE PRESIDENT OF THE UNITED STATES REL A TIVE T O CIVIL RI GHTS, AND A DRAFT OF A BILL TO ENFORCE THE CO NSTITUTIONAL RIGHT TO VOTE, T O CON FER JURISDICTION UPON TI-IE DISTRICT COURTS OF TI-IE UNITED STATES TO PROVIDE INJUNCTIVE RE LIEF AGAINST DISCRIMINATIO N +N PUBLIC ACCOMMODATIONS, TO AUTHORIZE TI-IE ATTORNEY GENERAL TO INSTITUTE SUITS TO PROTECT CONSTITUTIONAL RIGHTS IN EDUCATION, TO ESTABLISH A CO MMUNITY RELATIONS SERVICE, TO EXTE ND FOR FOUR YEARS THE COM .MISSION ON CIVIL RIGHTS, TO PREVENT DISCRIMINATIO N IN FEDERALLY ASSISTED PRO GRAMS, TO ESTABLISH A CO MMISSIO N ON EQUAL EMPLOYMENT OPPORT UNITY, AN D FO R OTH ER P URPOSES J UNE 19, 1963.- Refer rcd to the Committee on th e J ud iciary and ordered to be .. printed To the Congress of the United States : Last week I addressed to the American people an appeal to conscience-a r equest for their cooperation in meeting the growing moral crisis in American race r elations. I warned of "a rising tide of discontent tha t threa tens th e publ_ic safety" in many parts of the country. I emphasized that "the events in Birmingham and elsewhere have so increased the cri es for equality that no city or State or legislative body can prudently choose to ignore them. " "It is a time to act," I said, "in the Congress, in State and local legislative bodies and, above all, in all of our daily lives." · In t he days that have followed, the freclictions of increased violence have been tragically borne out. The ' fires of frustration and discord" have burned hotter than ever. 85011- 6 3 -1 �,r... _,. . . t ~ ~ . -ill,JGHTS . At the same in:ie, the response of the Am erican people to this appeal to their principles and obligations has been Teassuring. Private progress__:_by merchants and unions and local organizations-has been marked, if not uniform, in many areas. Many doors long closed to Negroes, North and South, have been opened. Local biracial committees, under private and public sponsorship, have mushroomed. The ma.yors of our major cities, whom I earlier addressed, have pledged renewed ac tion. But persisting inequalities and tensions make it clear that Federal action must lead the way, providing both the N ation's standard and a nationwide solution. In short, the tin1e has come for the Congress of the United States to join with the executive and judicial branches in making it clear to all that r ace has no place in American life or law. On F ebruary 28, I sent to the Congress a message urging the cnnc trn ent this year of three important pieces of civil rights legislat ion: 1. Voting.-Legislation to assure the availability to all of a b as ic and powerful right-the right to vote in a free American electionby providing for the appointment of temporary Federal v otii:w referees while votino- suits are proceeding in areas of demonstrated need; by giving such suits preferential and expedited treatment in the Federal comts; by prohibiting in Federal elections the application of differ ent tests and standards to different voter applicants; and by providing that, in voting suits pertaining to such elections, the completion of the si.-.::th grade by any applicant creates a presumption that he is literate. Armed with the full and equal right to vote, our Negro citizens can help win other rights through political channels not now open to them in many areas. 2. 'Civil Rights Oommission.-Legislation to renew and expand the authority of the Commission on Civil Ri~hts, enablin~ it to serve as a national civil rights clearinghouse offenng informat10n, advice, and technical assistance to any public or private agency that so requests. 3. School desegregation.-Legislation to provide Federnl technical and financial assistance to aid school districts in the process of desegregation in compliance with the Constitution. Other measures introduced in the Coniress have nlso received the support of this ad.ministration, including tnose aim.eel at assuring equal employment opportunity. Although these r ecommendations were transmitted to the Congress some time ago, neither House has yet had an opportunity to vote on any of these essential meas m es. The Negro's drive for justice, however, has not stood still-nor will it, it is now clear, until full equali ty is achieved. The growing and understandable dissatisfaction of Negro citizens with the presen t pace of desegregation, and their increased determination to secme for themselves the equality of opportunity and treatment to which they are rightfully entitled, have underscor ed what should already have ·been clear : the necessity of the Congress enacting this year-not only the measures aJrnady proposed-but also additional legislation providing legal remedies for the denial of certain individual rights. The venerable code of equity law commands "for every wrong, a remedy." But in too many communities, in too many parts of t he country, wrongs are inflicted on Negro citizens for which no effective r emedy at law is clearly and readily available. State and local laws may even affirmatively seek to den y th e rights to which these citizens I �3 CIVIL RIGHTS are fairly entitled-and this cn,n result only in a decreased respect for the law and increased violations of the law. In the continued absence of congressional action, too many State and local officials as well as businessmen will remain unwilling to accord these rights to all citizens. Some local courts and local merchants may well claim to be uncertain of the law, while those merchants who do recognize the justice of the Negro's request (and I believe these constitute the great majority of merchants, North and South) will be fearful of being the first to move, in the face of official, customer, employee, or competitive pressures. Negroes, consequently, can be expected to continue increasi ngly to seek the vindication of these rights tlu-ough organized direct action, with all its potentially explosive consequences, such as we have seen in Birmingham, in Philadelphia, in Jackson, in Boston, in Cambridge, Md., and in mn,ny other parts of the country. In short, the result of continued Federal legislative inaction will be continued, if not increased, racial strife-causing the leadership ou both sides to pass from the hands of reasonable and responsible men to the purveyors of hate and violence, endangering domestic tranquillity, r et::i.rding our Nation's economic and social progress and weitkening the r espect with which the rest of the world regards us. No -American, I feel sure, would prefer this course of tension, disorder, and diYision- ancl the great majorit~, of our citizens simply cannot accept it. For these reasons, I am proposing that the Congress stay in session this year until it has enacted-preferably as a single omnibus billthe most responsible, reasonable, and urgently needed solutions to this problem, solutions which should be acceptable to all fair-minded men. This bill would be known as the Civil Rights Act of 1963, and would include-in addition to the aforementioned provisions on voting rights and the Civil Rights Commission-additional titles on public accommodations, employment, federally assisted programs, a Community R elations Service, and education, with the latter including my previous recommendation on this subject. In addition, I am requesting certain legislative and budget amendments designed to improve the trainin&', skills, and economic opportunities of the economically distressed. and discontented, white and Negro alike. Certain executive actions are also reviewed here; but legislative action is imperative. ·· J. E QUAL A cco MMODATIONS 11- PunLrc FA CILITIES Events of r ecent weeks have again underlined how deeply om Negro citizens r esent the injustice of being arbitrarily denied equa.l access to those facilities and accommodations which are otherwise open to the general public. That is a daily insult which has no place in a country proud of its heritage- the heritage of the melt,ing pot, of equal rights, of one nation and one people. N o one has been barred on account of bis race from fighting or dying for America-there are no "white" or "colored" signs on the foxholes or graveyards of battle. Smely, in 1963, JOO years after emancipation, it should not be necessary for any American citizen to demonstrate in the streets for the opportunity to stop at a hotel, or to eat at a lunch counter in the very department store in which he is shopping, or to enter a motion picture �4 CIVIL RIGHTS h~use, on th·e s111ne terms as any other customer. As I stated in my message to the Congress of February 28, "no action is more contrary to the spirit of our democracy and Cons titution-or more rightfully resented by a Negro citizen who seeks only equal treatmen.t-than the barring of that citizen from restaurants, hotels, theaters, recreational areas, and other public accommodations and facilities." The U.S. Government has taken action through the courts and by other means to protect those who are peacefully demonstrating t o obtain access to these public facilities ; and it has taken action to bring an end to discrimination in rail, bus, and airline terminals, to open up restaurants and other public facilities in all buildings leased as well as owned by the Federal Government, and to assure full equality of access t-0 all federally owned parks, fores ts, and other recreational areas. When uncontrolled mob action directly threatened the nondiscriminatory use of transpor tation facilities in Ma.y 1961, F e1eral ma.rshals were employed to restore order and prevent potentially widespread personal and proper ty damage. Growing nationwide concern with this problem, however, makes it clear that further Federal action is needed now to secure the right of all citizens to the full enjoyment of all facilities which 11re open to the general public. Such legisl11tion is clearly consistent with the Constitution and with om· concepts of both human rights and property rights. The argument that such measmes constitute 11n unconstitutional interference with property rights has consistently been rejected by the courts in upholding ll1ws on zoning, collective bargaining, minimum wages, smoke control, and countless other measures designed to make certain that the use of private property is consistent with. the public interest. While the legal situations are not parallel, it is interesting to iiote that Abraham Lincoln, in issuing the Emancipation Proclamation 100 years ago, was also accused of violating the property rights of slaveowners. Indeed, there is an age-old saying that "property has its duties as well as its rights"; and no property owner who holds those premises for the purpose of serving at a profit the American public 11t la.rge can claim 11ny inherent right to exclude a part of that public on grounds of race or color. Just as the law requires common c111Tiers to serve equally n11 who wish theiT services, so it c11n require public 11ccommodations to 11ccommod11te equally all segments of the general public. Both lrn mn,n rights and proper ty rights are found11tions of om society- and both will flourish as the result of this measure. In a society which is increasingly mobile and in an economy which is increasingly interdependent, bu.sine s establishments which serve the public- such as hotels, rest11urants, theat ers, stores, and othersserve not only th e members of th eir immediate communities but travelers from other tates and visitors from abroad. Their goods come from all over tJ1 e I11,tion. This participation in the :flow of interstate commerce has given these . business establishments both increased prosperity and n.n increased responsibility to provide equal access and service to all citizens. Some 30 States,1 the District of Columbia, and numerous citiescovering some two-thirds of this country and well over two-thirds of 'Alaska, Onliforn la/ Oolorndo, Connecticut, I dn!Jo, llllnols,_Ind_lnnn, Iowa, Kansas, Main~ Morrlll.)ld, Massachusetts, Mich gan, Mlnllesota, Montana, Nebraska, New Hompslure, Now Jersey, New Menco, New York, North Dakota, Ohio, Oregon, P ennsylvania, Rhode Island, South Dakota, Vermont, Washington, Wisconsin, ancl Wyoming. Oltles with pt1bUc nccommoclations ordinances wWch are outside the above States Include Washington, D.C., Wilmington, Del., Louisville, Ky., E l Paso, Tex., Kansas City, Mo., and St. Louis, Mo. �CIVIL RIGHTS 5 its people-have already enacted laws of varying effectiveness against discrimination in places of public accommodation, many of them in response to the recommendation of President Truman's Committee on Civil Rights in 1947. But while their efforts indicate that legislation in this area is not extraordinary, the failure of more States to take effective action makes it clear that Federal legislation is necessary. The State and local approach has been tried. The voluntary approach has been tried. But these approaches are insufficient to prevent the free flow of commerce from being arbitrarily and inefficiently restrained and distorted by discrimination in such establishments. Clearly the Federal Government has both the power and the obligation to eliminate these discriminatory practices: first, because they adversely affect the national economy and the flow of interstate commerce; and secondly, because Congress has been specifically empowered under the 14th amendment to enact legislation making certain that no State law permits or sanctions the unequal protection or treatment of any of its citizens. There have been increasing public demonstrations of resentmen t. directed against this 1..'i.nd of discrimination-demonstr_ations which too often breed tension and violence. Only the Federal Governmen t, it is clear, can make these demonstrations unnecessary by providing peaceful remedies for the grievances which set them off. For these reasons, I am today proposing, as part of the Civil Rights Act of 1963, a provision to guarantee all citizens equal access to the services and facilities of hotels, restaurants, places of amusement, and retail establishments. This seems to me to be an elementary right. Its denial is an arbitrary indignity that no American in 1963 should have to endure. The proposal would give the person aggrieved the right to obtain a court order against the offending establishment or persons. Upon receiving a complaint in a case sufficiently important to warran t his conclusion that a suit would materially further the purposes of the act, the Attorney General-if he finds that t.he aggrieved party is unable to undertake or otherwise arrange for a suit on his own (for lack of financial means or effective representation , or for fe11,r of economic or other injury)- will first r efer the case for voluntary settlement to the Community Relations Service described below, give the establishment involved time to correct its practices, permit State and local equal access laws (if any) to Op()rate first, and then , and only then, initiate a suit for compliance. In short, to the extent that these unconscionable practices can be corrected by the individual owners, localities, and States (and r ecent experience demonstrates bow effectively and uneventfully this can be done) , th e Federal Governm ent bas no desire to intervene. But an explosive national problem can not await city-by-city solutions; and t hose who loudly abhor Federal action only in vite it if they neglect or evade their own obligations. This provision will open doors in every part of the country which never should have been closed. It,s enactment will hasten the end to practices which have no place in a free and united nation, and thus help move this potentially dangerous problem from the streets to the courts. �6 CIVIL RIGHTS II. D ESEGRE GATIO N OF SCHOOLS In my message of F ebrua.r y 28, while commending the progress akeady made in achieving desegregation of education at all levels as foquired by the Constitution, I was compelled to roint out the slowness of progress toward primary and seconda,r y schoo desegregation. The Supreme Court has recently voiced the same opinion. M any Negro children entering segregated grade schools at the time· of the Supreme Court decision in 1954 will enter segr egated high schools this year, having suffered a loss which can never be regained. Indeed, discrimination in education is one basic cause of the other inequities and hardships inflicted upon our NegTO citizens. The lack of equal educational opportunity deprives the individual of equal economic opportunity, restTicts his contribution as a citizen and community leader, encourages him to dTOp out of school and imposes a heavy burden on the effott to elimin ate discrimin atory practices and prejudices from our nation al life. · The F ederal courts, pursuant to the 1954 decision of the U .S. Supreme Court and earlier decisions on institutions of higher learning, have shown both competence and courage in directing the desegregation of schools on the local level. It is appropriate to keep this responsibility largely within the judicial arena. But it is unfair and unrealistic to expect that the burden of initiating such cases can be wholly borne by private litigants. Too often those ·entitled to bring suit on behalf of their children lack the economic ineans for instituting and main taining such cases or the ability to withstand the personal, physical, and economic harassment which sometimes descends upon those who do ins titute them. The same is true of students wishing to attend th e college of their choice but un able t o assume the burden of litigation. These difficulties are among the principal reasons for the delay in carrying out the 1954 decision; and this delay cannot be justified to those who have been hurt as a result. Rights such as these, as the Supreme Court r ecently said, are "present rights. They are not merely h opes to some fu ture enjoyment of some formalistic constitut ional promise. The basic guarantees of our Constitution are warrants for the here and now * * *." In order to achieve a more ord erly and consistent complia.n ce with the Supreme Court's school and college desegregation decisions, therefore, I recommend that the Congress assert its specific constitu tional ~u thority to implement the 14th amendment by including in th e Civil Righ ts Act of 1963 a new title providing the following: (A) Au thority would be given the Attorney General to initiate in the Federal district courts appropriate legal proceedings against local public school boards or public institutions of higher learning-or to in tervene in existing cases-whenever(1) be has received a written complaint from students or from the parents of students who are being den ied equal protection of the laws by a segregated public school or college; and (2) he certifies that such persons are unable to undertake or otherwise arrange for the initiation and maintenance of such legal proceedings for lack of financial means or effective legal representation or for fear of economic or other injury ; and (3) he determines that his initiation of or intervention in such suit will materially further the orderly progress of desegregation I [_ �CIVIL RIGHTS 7 in public education . For this purpose, the Attorney General would establish criteria to determine the priority and relative need for Federal action in those districts from which complaints have been filed. (B) As previously recommend ed, technical and financial assistance would be given to those school districts in all parts of the country which, voluntarily or as the result of litigation, are engaged in the process of meetino- the educational problems flowing from desegregation or racial imbJance but which are in need of guidance, experienced help, or financial assistance in order to train their personnel for this changeover, cope with new difficulties and complete the job satisfactorily (including in such assistance loans to a distri ct where State or loral funds have been withdrawn or withheld because of desegregation). Public institutions already operating without racial discrimination, of comse, will not be affected by this statute. Local action can always make Federal action unnecessary. Many school boards have peacefully and voluntarily desegreo-ated in recent years. And while this act does not include private c~leges and schools, I strongly urge them to live up to their responsibilities and to recognize no arbitrary bar of race or color-for such .bars have no place in any institution, least of all one devoted to the truth and to the improvement of all mankind. III. F A IR AND FULL EMPLOYMEN T Unemployment falls with special cruelty on minority groups. The unemployment rate of N egro workers is more than twice as high as that of the working force as a whole. In many of our larger cities, both North and South, the number of jobless Negro youth-often 20 percent or more-creates an atmosphere of frustration, resentment, and unrest which does not bode well for the future. Delinquency, vandalism, gang warfare, disease, slums, and the high cost of public welfare and crime are all directly related to unemployment among whites and Negroes alike-and recent labor difficulties in Philadelphia may well be only the beginning if more jobs are not found in the larger northern cities in particular. Employment opportunities, moreover, play a major role in determining whether the rights described above are meaningful. There is little value in a Negro's obtaining the right to be admitted to hotels and restaurants if be has no cash in his pocket and no job . Relief of Negro un employment reqt1ires progress in three major areas: (1) More jobs must be created through greater economic growth.The Negro-too often unskilled, too of ten the first to be fired and the last to be hired- is a primary victim of recessions, depr essed areas, and unused industrial capacity. Negro unemployment will not be noticeably diminished in this country until the total demand for labor is effectively increased and the whole economy is headed toward a level of full employment. 1Vhen our economy operates below capacity, Negroes are more severely affected than other groups. Conversely, return to full employment yields particular benefits to the Negro. Recent studies have shown that for every 1 percentagepoint decline in the general unemployment rate there tends to be a 2 percentage-point r eduction in Negro unemployment. Prompt and substantial tax reduction is a key to achieving the full employment we need. The promise of the area redevelopment �i . 8 - . - -~- - - CIVIL RIGHTS program- which ha.m esses local initia tive town.rd the solution of deep-seated economic distress-mus t no t be stifled for want of sufficient authorization or adequate finan cing. The accelerated public works program is now gaining momentum; States, cities, and local communities should press ahead with the projects financed by this measure. In addition, I have instructed the Departments of Labor, Commerce, and Health , Education, and Welfare to examine how their programs for the relief of unemployment and economic hardship can be still more intensively fo cused on those areas of hardcoi:e, long-term unemployment, · among both white and nonwhite workers. Our concern with civil rights must not cause any diversion or dilution of our efforts for economic pro~E~ss-for without such progress the Negro's hopes will remain unfu1111led. (2) J..101·e education ancl tmining to raise the level of skills.-A clistressing number of unemployed Negroes are illiterate and unskilled, r efugees from farm automation, unable to do simple computations or even to read a help-wanted advertisement. Too many are equipped to work only in those occupations where technology and other changes have reduced the need for manpower-as farm labor or manual labor, in mining or construction. Too many have attended segregated schools that were so lacking to adequate funds and faculty as to be unable to produce qualified job applicants. And too many who have attended nonsegregated schools dropped out for lack of incentive, guidance, or progress. The unemployment rate for those adults with less than 5 years of schooling is a.round 10 percent; it has consistently been double the prevailing rate for high school graduates; and studies of public welfare recipients show a shockingly high proportion of parents with less than a primary school education. Although the proportion of Negroes without adequate education and training is far higher than the proportion of whites, none of these pro bl ems is r estricted to Negroes a.Ione. This Nation is in critical need of a massive upgrading in its education and training effort for all citizens. In an age of r apiclly changing technology, that effort today is failin g millions of our youth. It is especially failing Negro youth in segr egated schools and crowded slums. If we are ever to lift them from the morass of social and economic degradation, it will be th.rough the strengthenin~ of our edu cation and trainin g services-by improving the quality of instruction; by enabling our schools to cope with rapidly e:;,.J)anding enrollm ents;. and by increasing op:portunities and incentives for all individuals to complete their educat10n and to con tinue their self-development during adulthood. I have ther efore reques ted of the Congress and r equest again today the enactment of legislation to assist education at every level from grade school through graduate school. I have also .r equested the enactment of sever al measures which provide, by various means and for various age and educational groups, expanded job training and job experience. Today, in the new and more urgen t context of this message, I wish to renew my request for these measures, to expand their l?rospective operation and to supplemen t them with additional provisions. The additional $400 million which will be r equired beyond that contained in the J anuary budget is more t han offset by the various budget reductions which I have already sen t to the Congress in the last 4 months. Studies show, moreover, that the loss of 1 yea1s income clue to unemployment is mo1'e -- �CIVIL R.IGH'l'S 9 (han the total cost of 12 years of education through high school; and, when . welfare and other social costs are added, it is elem· that failure to take {hese steps will cost us far more than thefr enactment. There is no more profitable investment than educa tion, and no greater waste than ill- I trained youth. Specifically, I now propose: (A) That additional funds be provided to broaden the manpower de velopment ancl tmining program, and that the act be amended, not only to increase the authorization ceiling and to postpone the effec.: tive date of State matching r equirements, but also (in keeping with the recommendations of the President's Committee on Youth Employment) to lower the age for training allowances from 19 to 16, to allocate funds for literacy training, an d to permit the payment of a higher proportion of the program's training nllowances to out-of-school youths, with provisions to assure t.lrnt no on e drops out of school t.o t ake :idvimtage of this progmm ; . . (B) That additional funds be provided to finnnce the pending uouth emvloymerit bill, which is designed to channel the energies of ou t-of-school, out-of-work youth into the constructive outlet offered by hometown improvement proj ects and conservation work; (C) That t,h e pending vocational education amendments, which would greatly update nnd expimd this progmm of teaching job skills to those in school, be strengthened by the nppropriation of additional funds, with some of the added money em·marked for those areas with a high incidence of school dropouts and youth unemploym ent, and by the addition of a new program of demonstration youth train.ir1g projects t o be conducted in these ar eas; · (D) That the vocational education progrnm be furth er amended to provide a worlc-study vrogram for youth of high school age, with F edernl funds helping their school or ot,her local public agency employ them part time in order to ennble and encourage them to coinplete their training; . (E) That the ceiling be raised on the adillt basic education provisions in the pending education progrnm, in order to help the States ten.ch the fund amental tools of li teracy and learning to culturally deprived adults. More than 22 million Americm1S in nll parts of th e country have less than 8 yenrs of schooling; nnd (F) That the public welfare worlc-reli~f ancl training program, which the Congress added last year, be amended to provide Federal fin ancing of the supervision and equipment costs, and rnore F ederal demonstration and training proj ec ts, thus enco uraging Sta.te and locnl welfare agencies to put employable but unemployed welfare recipients to work on local proj ects which do not displace ot,her workers. To make the above r ecommendations effective, I call upon more States to adopt enabling legislation covering un employed fathers under the aid-to-dependent children program, thereby gaining their services for "work-relief" jobs, and tq moYe ahead more Yigorously in implementing the manpower deYelopment and tru.ining program. I am asking the Secretaries of Labor and HEW to make use of th eir authority to deal directly with communities and yocationa.1 schools whenever State cooperation or progress is insufficient, particularly in _those areas where youth unemployment is too high. AboYe all , I urge the Congress to enact all of these measures with aln.crity and foresight. H. Doc. 124, 88-1 - 2 �- 10 CIVIL RIGHTS For even the complete elirnination of ra cial discrimination in employment-a goal toward which this Nation mus~ strive (as discussed below)-will not put a single un employed Negro to work unless he has the skills required and unl ess more jobs hav'e been created-and thus the passage of the legislation described above (under bo th secs. (1) and (2)) is essential if the obj ectives of this message are to be met. (3) Finally racial discrimination in employment must be eliminated. D enial of the right to work is W1fair, regardless of its victim. It is doubly unfair to throw its burden on an individual because of his race or color. . Men who served side by side with each other on the field of battle should have no difficul ty working side by side on an assembly l~ne or construction project. · 'fherefore, to combat this evil in all par ts of the country, (A) The Committee on Equcil Employment Opportunity, under the chairmanship of the Vice President, should be given a permanent statutory basis, assuring it of adequate financing and enforcement procedures. That Committee is now stepping up its efforts to remove rncial barriers in the hiring practices of Federal depa.r tments, agencies, and Federal contractors, covering a total of some 20 million employees and the Nation's major employers. I have requested a company-bycompnny, plant-by-plant, union-by-union 1;eport to assme the implementation of this policy. (B) I will shortly issue an Executive order extending the authority of the Committee on Equal Employment Opportunity to include the construction of buildings and other facili ties undertaken wh olly or in past as a result of F ederal grant-in-aid programs. . (C) I have directed that all F ederal construction programs be review.eel to prevent any racial discrimination in hiring!ractices, either directly in the rejection of presently available qualifie Negro workers or indirectly by the exclusion of Negro applicants for apprenticeshi p training. (D) I have dil'ected the ecr'etary of Labor, in the conduct of his duties under the Federal Apprenticeship Act and E xecutive Order No. 10925, to require that the admission of young workers to apprenti ceship programs be on a completely nondiscriminatory basis. (E) I have dii-ectecl the Secretary of Labor to make certain that the job counseling and placement responsibilities of the Federal-State Employment Service a.r e carried out on a nondiscriminatory basis, a.n d to help assure that full and equal employment oppor tunity is provided nil qualified Negro applicants. The selection and referral of applica,nts for employment and for training opportunities, and the administration of the employment offices' other services a.nd facilities, must be carried on witho ut regaTd to race or color. This will be of special importance to Negro es graduating from hi gh school or college this month. (F) The Departn.1ent of Justice has intervened in a case now pendino- before the NLRB involviug charges ofracinl discrimination on the part of certain union locals. (G) As a part of its new policy on Federal em ployee organizations, this Government ,vill recognize only those that do not discriminate on grounds of mce or color. (H) I have called upon t he leaders of organize<l labor to. end discrimination in their membership policies; and some 118 unions1 representing 85 percent of the AFL--CIO membership, have signea �CML RIGHTS i 11 nondiscrimination agreements with the Committee on Equal Emplojrme'nt Opportunity. More are expected. (I) Finally, I renew my support of pending Federal fair employment practices legislation, applicable to both employers and unions. Approximately two-thirds of the Nation's labor force is already covered by Federal, State, and local equal employment opportunity measures_.:..__ including those employed in the 22 States and numerous cities which hav·e enacted such laws as well as those paid directly or indirectly by Federal funds. But, as the Secretary of Labor testified in Januar)' 1962, Federal legislation is desirable, for it would help set a standarcl for all the Nation and close existing gaps. This problem of unequal job opportunity must not be allowed to grow, as the result of either recession or discrimination. I enlist every employer, every labor union, and every agency of governmentwhether affected directly by these measures or not-in the task of seeing . to it that no false lines ar e drawn in assuring equnlity of the right and opportunity to make a decen t living. IV. COMMUNITY RELATIONS SERVICE I lrnxe rep eatedly ·stressed the fact that progress in race r elations, while it cannot be delayed, can be more solidly and more peacefully nccomplished to the extent that legislation can be buttressed by voluntary action. I have urged each member of the U.S. Conference of Mayors to establish biracial human relations committees in every city; and I hope all communities will establish such a group, preferably through official action. Such a board or committee can provide invaluable services by identifying community tensions before they reach the crisis stage, by improving cooperation and communication between the races, and by advising local officials, merchants, and organizations on the steps which can be taken to insure prompt progress. A similar agency is needed on the Federal level- to work with these local committees, providing them ,vith advice and assistance- to work in those commw1ities which lack a local committee-and generally to help ease tensions and suspicions, to help resolve interracial disputes and to work quietly to improve r elations in any community tbreatened or torn with strife. Such an effort is in no way a substitute for effective legislative guarantees of human rights. But conciliation and cooperation can facilitate the achievement of those rights, enablin g legislation to operate more smoothly and more effectively. The D epartment of Justice and its Civil Rights Division have already performed yeoman service of this nature, in Birmingham, in J ackson, and throughout the country. But the problem has grown beyond the time and energies which a few otherwise burdened officirtls can make available- and, in some areas, the confidence of all will be greater in an intermediary whose duti es are completely separated from departmental functions of investigation or litigation. It is my intention , therefore, to establish by Executive order (until such time as it can be created by statute) an independent Community Relations S ervice- to fulfill the fun ctions described above, working through regional, State, and local committees to the extent possible, and offering its services in tension-torn communi ties either upon its own mot.ion or upon the request of a local official or other party. �12 CIVIL RIGHTS Authority for such a Service is included in the proposed omnibus bill. It will work without publicity and hold all information imparted to its officers in. strict confidence. Its own resources can be preserved by its encouraging and assisting the creation of State and local committees, either on a continuing basis or in emergency situations. Without powers of enforcement or subpena, such a Service is no substitute for other measures; and it cannot guarantee success. But dialogue and discussion are always better than violence-and this agency, by enabling all concerned to sit down and reason together, , can plfty a major rol e in achieving peaceful progress in civil rights. V. FEDERAL PROGRA.i\lS Simple justice requires that public funds ,' to which all taxpayers of all races contribute, not be spent in any fashion which encourages, entrenches, subsidizes, or results in racial discrimination.' Direct discrimination by F ederal, State, or local governments is prohibited by the Constituti9n. But indirect discrimination, th.rough the· use of Federal funds, is just as invidious; and it should not be necessary to resort to the courts to prevent each individual violation. Congress and the Executive have their responsibilities to uphold the Constitution also; and, in the 1960's, the executive branch has sou~ht to fulfill its responsibilities by banning discrimination in federally financed housing, in NDEA and NSF institutes, in federally affected employment, in the Army and Air Force Reserve, in the training of civilian defense workers, and in all federally owned and leased facilities. Many statures providing Federa.l financial assistance however, define with such precision both the administrator's roie and the conditions upon which specified amounts shall be given to designated recipients that the amount of administrative discretion remainingwhich might be used to withhold funds if discrimination were not ended- is at best questionable. No administrator has the unlimited authority to invoke the Constitution in opposition to the mandate of the Congress. Nor would it always be helpful to require unconditionally-as is often proposed-the wi thdrawal of all Federal funds from programs urgently needed by Negroes as well as whites ; for this may only penalize those who least deser ve it without ending discrimination. Instead of permitting this issue to become a political device often exploited by those opposed to social or economic progress, it would be better at this time to pass a single comprehensive provision making it clear that the Federal Government is not r equired, under any statute, to furnish any kind of financial assistance-by way of grant, loan, ?0!1tra_ct, gt~aranty 1 ins~ua1;1c~ or_ otherwise- to ~ny program or activity ill which racial discrrmU1at10n occurs. This would not permit the Federal Government to cut off all Federal aid of all kinds as a means of punishing an area for the discrimination occurring therein- but it would clarify the authority of any administrator with respe?t to Federal funds or financial assistance and discriminatory practices. CoNcLusro Many problems remain that cannot be ignored . The enactment of the legislation I have recommended will not solve all our problems of race relations. This bill must be supplemented by action in every �CIVIL RIGHTS 13 branch of government at the F ederal, State, and local level.' It must be supplemented as well by enlightened private citizens, private businesses and private labor and civic organizations, by responsible educators and editors, and cer tainly by r eligious leaders who r ecognize the conflict between racial bi0 ·otry and the Holy Word. This is not a sectional prob1em- it is nationwide. It is not a partisan problem. The proposals set forth above arn based on, a careful consideration of the views of leaders of both par ties in both Houses of Congress. In 1957 and 1960, members of both parties rallied behind the civil rights measures of my predecessor; n,nd I am cer tain that this tradition can be continued, as it has in the case of world crises. A national domestic crisis also calls for bipartisa.n unity and solutions. We will not solve these problems by blaming any group or section for the legacy which has beerr handed down by past &enerations. But neither will these problems be solved by clinging to tne patterns of the past. Nor, finally, can they be solved in the streets, by lawless acts on either side, or by the physical actions or presence of any private group or public official, however appealing such melodramatic devices may seem to some. Durino- the weeks past, street demonstrations, mass picketing, ana parades have brought these matters to the Nation's attention in dramatic fashion in many cities throughout the United States. This has happened because these racial injustices are real and no other remedy was in sight. But, as feelings have risen in recent days, these demonstrations have increasingly endangered lives and property, inflamed emotions and unnecessarily divided communities. They are not the way in which this country should rid itself of r acial discrimination. Violence is never justified ; and, while peaceful communication, deliberation, and petitions of pro test con tinue, I want to caution against demonstrations which can lead to violence. This problem is now before the Congress. Umuly tactics or pressures will not help and may hinder the effective consideration of these measures. If they are enacted, there will be legal remedies available; and, therefore, while the Congress is completing its work, I urge all community leaders, Negro Emel white, to do their utmost to lessen tensions and to exercise self-restraint. The Congress should have an opportunity to freely work its will. M eanwhile, I strongly support action by local public officials and mer chants to remedy these grievances on their own. The lea-al remedies I have proposed are the embodiment of this Nation's basic posture of commonsense and common justice. They involve every American's right to vote, to go to school, to get a job and to be served in a public place without arbitrary discriminationrigh ts which most Americans take for granted. In short, enactment of the Civil Rights Act of 1963 a t this session of the Congress- however long it may take and .however troublesome it may be- is imperative. It will go far toward providing r easonable men with the r easonable means of meeting these problems; and it will thus help end the kind of r acial strife whi.ch this Nation can h ardly afford. R ancor, violence, disunity, and national shame can only hamper our national standing and security. To par aphrase the words of Lincoln; "In giving freedom to the Negro, we assure freedom to the free-honorable alike in what we give and what we preserve." �14 CIVIL RIGHTS I therefore ask every Member of Congress to set aside sectional and political ties, and to look at this issue from the viewpoint of the Nation. I ask you to look into your hearts-not in search of charity, for the Negro neither wants nor needs condescension-but for the one plain, proud, and priceless quality that unites us all as Americans; a sense of justice. In this year of the emancipation centennial, justice requires·us to insure the blessings of liberty for all Americans and their posterity-not merely for reasons of economic efficiency, world diplomacy, and domes t.ic tranquilit,:v- hut, above all, because it is right. JOHX F. KENN EDY. Trm vVmTE HousE, J nne 19, 1963. A BlLL 'l'o en force the constitut.ionnl right to vote/ to confer jurisdiction 11pon the district courts of the 'l'nlted States to provide lujunotivc relief aga inst c iscrimination in pu blic accommodations, to authorize the Attorney General to institute suits to protect constitutional rights in educa tion, to establish a Community Relations Service, to extend for fou r years the Commission on Civil Rights, to prevent discrimination in federally assisted programs, to establish a Com mission on Equal Employmm1t Opportu11itr, nnd for other purposes Be it enacted by the S enate and l-1011.se of Representatives of the United States of America in Congress assembled, Th at this Act may be cited as the "Civil Righ ts Act of 1963." SEC. 2. (a) Discrimiuation by reason of ra ce, color, religion, or national oriµ;in is incompatible with the concepts of liberty and equality to which the Government of the United States is dedi cat ed. In recent years substantial steps h ave been taken toward eliminating such discrimination throughout the Nation. N everth eless, ma ny citizens of the United States, solely because of their race , color, or national origin , are denied rights a nd privileges accorded to other citizens a nd thereby subj ect ed to inconvenien ces, humilia tions, and hardships. Such discrimination impairs t he general welfare of the United States by . preventing the full est development of the capabilities of th e whole citizenry a nd by limiting participation in the economic, political, an d cultural life of t h e N a.tio11. (b) It is hereby declared to be the policy of thi s Act to promote the general welfare b y eliminating d i crimin ation based on race, color, religion, or national origin in voting, education, a nd public accommodations through the exercise by Congress of the po11·ers conferred npon it t o regulate the manner of holding Federal elections, to enforce t he provisions of t he fourteenth and fifteenth amendments, to regulat e commerce among t he se veral States, and to make laws necessar y and proper to execute t he power conferred upou it by th e Constitution. (c) It is a lso desirable t hat clisplltes or disagreements ari. ing in any community from the discriminatory trea tment of ind ividuals for reasous of race, color, or national origin shall be resolved on a \·oluutary basis, without hqstility or litigation. Accordingl y , it is t he fur t hf' r pmpo. c of this Act to promote thi s end by providing mach inery for t he volu ntary settlement of such di spu tes and disagreements. TITLE I- VOTL RI GHTS ~a / SEC. 101. Section 200-1- of t he Revised , 'tat utes (J2 U .S. C. J071), as amended by section 131 of th e Civi l R ights Act of 1957 (il Stat. 637), and as furth er amended by section 60 1 of t he Civi l R igh t Act of l!J60 (74 Stat . 90), is furth er amended as follows : (a) Inser t "l" after "(a)" in subsection (a) and add at th e end of subsection (a) th e following new paragraph s: "(2) No p erson acting under color of la\1· shall"(A) in det er1:~ining whether a ny i1idividual is qu alified under St ate law t0 vote in an y 1' ederal election appl y any standard , practice, or proced ure d ifferent from th e , tanrla rrls, prncticPs, or procerl11res appli ed to inclivicl11nls similal'ly sltuaLed who have lwi, n fo1111d b.r Htnte officials to be qualified to •p t e . "( B) dony t ho ri ght of an y indi vid unl t o vole in any F eQ/ll'[l l r.lco f.i on ]ic: ca u e of an error or omission· of ~uch individual on a nv 'record or pa per relatin g to u. 11 y uppll cu;Liou, r cg iAt 1't.l. Li o 11 , JJ lty 111 0 11 t, o f p o ll °Lu.x, or o t,her u ol, re qqi - RiLe to voting, if such P1Tor or omission iR not mate rial in de termining whether such ludivldua l I. qua lified undPr Hl nt e la\\' to vote in such election; or �CIVIL RIGHTS 15 " (C) employ any literacy t est as a qua lification for vot ing in any Federal elect ion unless (i) such test is a dministered t o each individual wholly in ,yr iting and (ii) a certified copy of the test and of t he answers given by the in dividual is fu rnished t o him within twenty-five days of the submission of his written request made wit hin t he period of t ime during which records and papers are required to be retained and preserved pursuant to t it le III of t he . Civil Rights Act of 1960 (42 U.S.C. 1974- 74e; 74 Stat. 88) . " (3) For purposes of this subsection"(A) the term 'vote' sha ll ha ve t he same meaning as in subsection (e) of t his section; "(B) t he words 'Federal election ' sha ll have t he same meaning as in subsection (f) of t his section; and ."(C)" t he phrase 'literacy t est' includes a ny t est of t he ability to read, write, understand, or interpret any matter." (b) Insert immediately following t he period at t he end of the first sentence of subsection (c) t he following new sentence : " If in any such proceeding literacy is a relevant fact it shall be presumed t hat any p erson who has not been adjudged an incompetent and who has completed the sixth grade in a p ublic school in, or a private school accredited by, any State or t erri tory or the District of Columbia where instruction is carried on predominantly in t he E nglish language, possesses sufficient literacy, comprehension, and intelligence to vote in any Federal elect ion as defi ned in subsection (f) of t his section." (c) Add t he following subsection "(f) " and designate the present subsect ion "(f) " as subsect ion "(g)"; " (f) Whenever in any proceeding instituted pursuant t o subsection (c) t he complaint requests a finding of a pattern or practice pursuant to subsect ion (e) , and such complaint, or a motion filed within twenty days after t he effective date .of this Act in t he case of any proceeding which is pending before a district court on such effective date, (1) is signed by t he Attorney General (or in his absence t he Acting Attorney General) , and (2) alleges that in t he affected area fewer t han 15 per centum of t he tot al n umber of voting age persons of the same race as t he p ersons alleged in the complaint to have been discriminated against ar e registered (or otherwise recorded as qualified to vote) , any person resident within t he affected a rea who is of the same race as t he persons alleged to have been discriminated against shall be entitled, upon bis applicat ion t herefor, to an ··order declaring him qualified to vote, upon proof tha t at any election or elect ions (1) he is qualified under State law t o vote, and (2) he bas since the filin g of the proceeding under subsection (c) been (A) deprived of or denied under color of law t he .opportunity t o register t o vote or ot herwise to q1,ialify to vote, or (B) found not qualified to vote by any person act ing under color of law. Such order shall be effective as to any F ederal or State election held within t he longest p eriod for which such applicant could have been registered or otherwise q ualified under State law at which the applicant's qualificat.ions would under State law ent itle him to vote : P rovided, That in the event it is determined upon final disposition of the proceeding, including any review, that no pattern or practice of deprivat ion of any right secured by subsection (a) exists, t he order shall thereafter no longer qualify t he applicant to vote in any subsequent election. " Not withst anding an y inconsistent p rovi1;ion of State law or t he action of any State officer or court, an applicant so declared qualified to vote shall be permitted t o vote as provided herein . T he Attorn ey General shall cause to be transmitted cer tified copies of any order declar ing a person quali.fied t o vote to the appropriate elect ion officers. The refusal by anv such offi cer with not ice of such order t o p ermit an y person so qu alified to vote at an appropriate election shall constitute con tempt of court. "An ap plication for an order pursuant t o t his subsccLion shall be hear d within t en days, and the execut ion of any order disposing of such application shall not biystayed if the effect of such stay would be to delay t he effectiveness of the_ order beyond t he date of any election at which the applicant would otherwise be enabled to vote. " The court may appoint one or more persons, t o be known as t emporar y vot ing referees, t o receive applications pur ua nt t o this subsection and to take evidencr. and report t o the court fin dings as to whether at an y election or elections (1) any applicant entitled under t his subsection to apply for an order declaring him qualified to vote is qualified under State Jaw to vote, and (2) he has since t he filing of the p roceeding under subsection (c) been (A) deprived of or denied under color of law t he opp ortunity t o registei· t o vote or ot herwise t o qualify t o vote, or (B) found not qualified t o vote by any person acting under color oi law. T he �16 CIVIL RIGHTS · procedure for processing applications under this subsect ion .and· for the -entry of orders shall be the same as that pro vided for in the fourth and fifth paragraphs of subsection (e). . . "In appointing a temporary voti ng referee the court shall make its selection from a panel provided by the Judicial Conference of the circui t. Any temporar y voting referee shall be a resident a nd a qualified voter of the State in which he is to serve. He shall subscribe to the oath of office required by section 17 57 of the Revised Statutes (5 U.S.C. 16) , and shall to the extent not inconsistent herewith have all the powers conferred upon a master by rule 53(c) of the Federal Rules of Civil Procedure. The compensation to be allowed any persons appointe d by the district court pursuant to this subsection shall be fixed by the court and shall be payable by the United States. In the eve nt that the district court shall appoint a retired officer or employee of the United States to serve as a temporary voting refere e, such officer or employee shall continue to receive, in addition to an y compensation for services rend ered purs uant to t his subsection, all retirement benefits to which he may otherwise be entitled. · " The court or temporary voting referee shall ente rtain applications and the court shall issue orders pursuant to this subsection until final disposition of the proceeding under subsection (c), including any review, or until the finding of a pattern or practice pursuant to subsection (e), whichever shall first occur. App lications pursuant to this subsection shall be determined expeditiously, a nd this subsection shall in no way be construed as a limitation upon the existing powers of the court. " When used in this subsection, the words 'Federal election' shall mean any general, special, or primary election held solely or in part for the purpose of electing or selecting any candidate for the office of President, Vice President, presidential elector, Member of the Senate, or Member of the House of Repre·sentativcs; the words 'State election' shall mean ai1y other general, special, or primary election held solely or in 1)art for the purpose of electing or selec ting any candidate for public office; the words 'affected area' shall mean that county, parish, or similar subdivision of the State in which the la ws of the State relating to voting are or have been admin ist ered by a person who is a defend ant in the proceeding instituted under subsection (c) on the elate th e original complaint is filed; and the words 'voting age persons' shall mean those persons who meet the 1 age requirements of State law for voting." (cl) Adel the followin g subsection " (h) ": "(h) In any civil action brought in any district court of the Un ited States under this section or title III of the Civil Rights Act of 1960 (42 U.S. C. l974-74e ; 74 Stat. 88) wherein the United States or the Attorney General is plaintiff, it shall be the duty of the chief judge of the district (or in his absence, the acting chief judge) in which the case is pending immediat ely to designat e a judge in such district to hear and determine the case. In the event that no judge in the district is available to hear an d det ermine the case, the chief judge of the district, or the acting chief judge, as the case may be, shall certify this fact to the chief judge of the circuit (or in his absence, the acting chief judge) who shall then designate a district or circuit judge of the circuit to hear a nd det ermine the case . "It shall be the duty of the judge designated pursuant to this section to assign t he case for hearing a t the earliest practic able d a te a nd to cause the case to be in every way expedited ." .. TITLE II- INJUKCTIVE RELIEF AGAINST DIS CRIMI KATIO N IN PUBLIC ACCOMMODATIOKS F I ND I NGS SEC. 201. (a) The America n people have become increasingly mobile dming tho last generation, a nd millions of Ameri can citi zens travel each year from State to S-tat e by rail, a ir, bus, automobile, and other mea ns. A substanti al number of such travelers are members of mi nority racial an d religious groups. These citizens, parti cul arly Negroes, a rc subj ec ted in ma ny places to discrimin ation a nd segregation, and they are frequently un able to obtain the goods a nd services availa ble to other interstate travelers. (b) Negroes an d members of other minority groups who travel interstate are frequently una ble to obtain adequate lodging acco mmod ations during their travels, with the res ul t that they may be compelled to stay a.t hotels or motels of poor and inferior quality, travel great distances from their norm al routes to find adequ at e accommodations, or make det ailed arrangements for lodging far in adva nce of scheduled interst at e travel. �CIVIL RIGHTS 17 (c) Negroes aud members of other minority groups who travel interst at e are frequentlf unable to obtaiu adequat e food service at convenient places along their routes, with the result that many are dissuaded from traveling interstate, while others must travel considerable distances from their intended routes in order to obtain adequat e food service. (dJ Goods, ser vices, and persons in the amusement and entertainment indu. tries commonly move in interstate commerce, and t he entire American p eople benefit from the increased cult ural and recreational opport unities afforded thereby. Practices of audience discrimination and segregation artificially r estrict the number of persons to whom the interst ate amusement and entertainment indust ries may offer t heir goods and services. The burdens imposed on interstat e commer ce by such practices and the obstructions to the free flow of commerce wh ich r esult therefrom are serious and substantial. (e) Retail establishments in all States of the Union purchase a wide variety and a large volume of goods from business concerns located in other States and in foreign n ations. Discriminatory practices in such est ablishments, which in some instances have led to the withholding of patronage by those affected by such practices, inhibit and restrict the normal distribution of goods in the interst ate market. (f) Fraternal, religious, scientific, and other organizat ions engaged in interst at e operations are frequently dissuaded from holding conventions in cit ies which they would otherwise select beca.use t he public facilities in such cities are either not open to all m embers of racial or religious minority groups or are available on a segregated basis. (g) Business organizations are frequently hampered in obtaining t he servi ce· of skilled workers and persons in the professions who are likely to encount er discrimination based on race, creed, color, or national origin in rest aurant s, ret ail stores, and places of amusement in t he area where t heir services are needed. Business organizat ions which seek t o avoid subjecting t heir employees t o such discrimination and to avoid the strife resulting therefrom are restrict ed in t he choice of location for their offices and plants. Such discriminat ion thus r educes the mobility of the national labor force and prevents the most effective aJlocation of national resources, including the interstate movement of indust ries, p articularly in some of the areas of the Nation most in need of indust rial and commer cial expansion and development. (h) The discriminatory pract ices described aboYe are in all cases encouraged, fost ered, or tolerated in some degree by the government al aut horities of the Stat es in which t hey occur, which license or protect the businesses involved by means of laws and ordinances and the activit ies of their executive and judicial officers. Such discriminatory practices, part icularly when their cumulative effect throughout t he Nation is considered, t ake on t he character of act ion by t he States and t herefore fall wit hin t he ambit of the equal protection clause of the fo urteent h amendment to t he Constitut ion of t he Unit ed States. (i) The burdens on and obst ruct ions t o commerce which are described above can best be removed by invoking t he powers of Congress under the fo urteent h amendment and the commer ce clause of t he Constitut ion of t he United States to prohibit discrimination based on race, color, religion, or national origin in certain public est ablishment s. R I GHT TO NOND I SCRUJI N A'l' IO N I X PLM ' E S O l•' P URLI C ACCO MMO DATI O N SEc. 202. (a) All persons shall be ent itled, without discrimination or segregation on account of race, color, religion, or national origin, to t he full and equal enjoyment of the goods, services, fac ilit ies, privileges, advantages and accommodations of the following public establishments : (1) any hotel, motel, or ot her public place engaged in furnishing lodging to transient guests, including guests from ot her States or traveling in interstate commerce; (2) any motion picture house, theater, sport 11rena, stadium, exhibit ion hall, or other p ublic place of amusement or entertainmen t which customarily p resents mot ion pictur s, perfo1:ming groups, athletic team , exhibit ions, or other sources of entertainment which move in interstate commerce; and (3) any retail shop, department store, mar ket, dru g store, gasolin e station, or other public place which keeps goods for sale, any restaurant , lunch room, lunch counter , soda fo untain, or other public p lace engaged in selling food for consumpt ion on t he premises, and an y other e tablishment where goods, services, facilities, privileges, advantages, or accommodations are held out t o t he public for sale, use, rent, or hire, if- �18 CIVIL RIGHTS (i) the goods, services , facilities, privileges, advantages, or accommoda tions offered by any such place or establishment are provided to a substantial degree to interstate travelers, (ii) a substantial portion of a ny goods held out to the public b y any such place or establishment for sale, use, rent, or hire has moved in interstate commerce, (iii) the activities or operations of such place or est ablishment otherwise substantially affect interstate trave l or the interstate movement of goods in commerce, or (iv) such place or establishment is a n integral p art of an establishment included under this subsection. For the purpose of this subsection, t he t erm " integral p art" means physically located on the premises occupied by a n establishment, or located contiguous to such premises an d owned , operated, or controlled, directly or indirectly, b y or for the benefit of, or leased from the persons or business ent it ies which own, operate, or control an establishment. (b) The provisions of this title shall not a pply t o a bona fid e priva te club or other establishment not open to the public, except to the extent that the facilities of such establishm ent are made available to the cus tomers or pa t rons of an establishm en t within the scope of subsection (a). PROHIBITION AGAINST DE NI AL OF OR IN TERFERE NCE WIT H THE RIGH T TO NON D ISC RIMIN ATION SEc . 203. No p erson, whet her acting under color of law or otherwise, shall (a) wit hhold, d eny, or attempt to wit hholrl or deny, or d eprive or attempt to deprive, any person of a ny righ t or privilege secured by section 202, or (b) interfere or attemp t to interfere wi t h any right, or privilege secured by section 202, or (c) intimidate, t hreaten, or coerc e any p erson wi t h a purpose of interfering with any ri ght or privilege secured by section 202, or (cl) punish or attempt to punish any p erson fo r exercising or attempting to exercise any right or privilege secured by section 202, or (e) incite or aid or abet any p erson t o do any of the foregoing. CI VIL ACTION FO R PREVENTIVE R ELIEF SEc. 204. (a) Whenever a ny p erson h as engaged or th ere are reasonable grounds to believe that any p erson is a bout to engage in a ny act or practice prohibited by section 203, a civil action for preYent iYe relief, including a n application for a p ermanent or t empora ry injunct ion, restra ining ord er, or oth er order, may b e instituted (1) b y the p erson aggri eved , or (2) by th e Attorney General for or in the name of th e United Sta.tes if he cer t ifies th a t he has received a written compla int from the p erson aggrieved a nd that in his judgment (i) th e p erson agg rieved is un ab le to initiate a nd maintain appropria te legal pro ceedin gs a nd (ii) t h e purposes of this title will be materially fur t hered by t he filin g of a n action . (b) In an y a ct ion commenced p ursua nt to t his t itle by the p erson aggrieved , he sh all if he prevai ls be a llowed a reason ab le a ttorn ey's fee as part of t he costs. (c) A p erson shall be deemed una ble to ini t iate a nd mainta in appropriate legal pro ceedings within t he mea nin g of subsection (a) of this sect ion wh en such p erso n is unable, eith er d irectly or through ot her interes ted p ersons or orga ni zations, to bear the expense of the li t igation or to obta in effect ive legal representation; or wh en there is reason to bP!ieve tha t th e institution of such li t iga tion by him would jeopardize the emp loy ment or eco nomi c sta ndin g of, or mig ht result in in jury or economic da mage to, su ch p erson , h is fa mily , or his property . (cl ) In case of a ny compla in t rece ive d by t he Attorney General allegin g a vio la t ion of section 203 in an y jurisdi ction where Stat e or loca l laws or regulations a p pear t o him to forbid t he act or pra ct ice in vo lved, the Attorney Genera l sha ll sha ll no t ify the appropriat e State a nd loca l officia ls a nd, upon re quest, a fford them a rea sonable time to act un der such Stat e or local la ws o.r regulat ions before he inst it u tes a n a ction. In the case of an y ot her compla int a lleging a violat io n of sect ion 203, the Attorney Ge nera l sha ll, before instit u t in g a n ac t ion , refer t he ma t te r t o t he Community R ela t ions Ser vice established by t itle IV of t his Act, which sha ll endeavor to secm c complia nce by volu ntary procedures. N o actio n sha ll be institu te d by the At t orney Genera l le s than thj rty da ys a fter such referra l unless t he Comm u ni ty R ela ti ons Ser v ice notifies him that its e ffor ts ha ve been un successful. Co mplia nce wit h t he for egoing provisions of t his subsection shall not be re quired if the Attorney Genera l sha ll file with t he court a cert ificate that the dela y conse quent upon complia nce wit h such provisions in t he pa rticular case wou ld adversely a ffect t he interests of t he Unite d States, or t ha t , in the particular case , complian ce wit h such provisio ns wo uld be fruitless. �CIVIL RIGHTS 19 J lJRI SDI CTI ON SEC. 205. (a) The district courts of the United States shall have 'jurisdiction ·o f proceedings instituted pursuant to t his title and shall exercise the same without regard to whether the aggrieved party shall have exhausted any administrative or other remedies that may be provided by law. . (b) This title shall not preclude any individual or any State or local agency from pursuing any remedy that may be availabJe·under any Federal or State Jaw, including any State statute or ordinance requiring nondiscrimination in public establishments or accommodations. TITLE III- DESEGREGATION OF PUBLIC EDUCATION DEFINITIONS SEc. 301. As used in this title(a) "Commissioner" means the Commissioner of Education. (b) "Desegregation" mea,ns the assignment of students to public schools and within such schools witho_u t regard to their race, color, religion, or national origin. (c) "Public school" means any elementary or secondary educational institution, and "public college" means any institution of higher education or any technical or vocational school above the secondary school level, operated by a State, subdivision of a State, or governmental agency within a State, or operated wholly or predominantly from or through the use of governmental funds or property, or funds or property derived from a governmental source. · (d) "School board" means any agency or agencies which administ er a system of one or more public schools and any other agency which is responsible for the assignment of students to or within such system. A SSI STAN CE 'l'O FACILITATE DES EGREGA'l'ION SEc. 302. The Commissioner shall conduct investigations and make a report to the President and the Congress, within two years of the enactment of this title, upon the extent to which equal educational opportunities are denied to individuals by reason of race, color, religion, or national origin in public educational institutions at all levels in the United States, its territories and possessions, and the District of Columbia . SEC. 303. (a) The Commissioner is authorized, upon the application of any school board, State, municipality, school district, or other governmental unit , to render technical assistance in the preparation, adoption, and implementation of plans for the desegregation of public schools or other plans designed to deal with problems arising from racial imbalance in public school systems. Such technical assistance may, among other activities, include making available to such agencies information regarding effective methods of coping with special educational problems occasioned by desegregation or racial imbalance, and making available to such agencies personnel of the Office of Education or other persons specially equipped to advise and assist them in coping wit h such problems. (b) The Commissioner is authorized to arrange, through grants or contracts, with inst it utions of higher education for the operation of short-term or regular session institutes for special training designed to improve the ability of t eachers, supervisors, counselors, and other elementar y or secondary school personnel to deal effectively with special educational problems occasioned by desegregation or measures to adjust racial imbalance in public chool syst ems. Individuals ·who attend such an institute may be paid stipends for the period of their attendance at such institute in amounts specified by the Commissioner in regulations, including allowances for dep endents and including allo~rnn ces for travel to att end such inst itute. SEC. 304. (a) A school board which has failed to achieve desegregation in all public schools within its jurisdiction, or a scho.ol board which is confronted wit h problems arising from racial imbalance in the public schools within its jurisdiction! may apply to the Commissioner, either directly or t hrough another governmenta unit, for a grant or loan, as hereinafter provided, for the purpose of aiding such school board in carrying out desegregation or in dealing with problems of racial imbalance. �20 CIVIL RIGH'l'S (b) The Commissioner may ma ke a grant und er this section, upon application therefor, for(1) the cost of giving to t eachers and other school personnel inservice training in dealing with problems incide nt t o desegregation or racial imbalance in public schools ; and (2) the cost of employing specialists in prolJ!Pms incident to desegregat.ion or racial imbalance and of providing other ass is tance to develop understanding of these problems by parents, schoolchildren, a nd the general public. (c) Each application made for a gran t und er t his section shall provide s uch detailed infor mation and be in such forrn as the Commissioner may req uire. Each grant under this section shall be made in such a moun ts a nd on such terms and conditions as t he Commissioner shall prescribe, which may include a condition that the applica nt expend certain of it.s own funds in specified amounts for the purpose for which t he grant is made. In determining whether to make a gra1tt, and in fixing the amount th ereof and the t erms and conditions on which it will be made, the Commissioner shall take int o considerat ion th e amount available for gran ts under this section and the other applications wh ich are pending before him ; the financial condition of the applicant and t he ot her resources available to it ; the nature, extent, and gravity of its problems incident to desegregation or racial imbalance, a nd such other factors as he find s relevant. (d) The Commissioner may ma ke a loan under this section, upon application, to any school board or to any local government wit hin the jurisdiction of which any school board operates if the Commissioner find s that(1) part or all of the funds whi ch wou ld otherwise be available to any s uch school board, either directly or through t he local government within whose jurisdiction it operates, have been withheld or withdrawn by State or local governmental act ion because of the act ual or prospect ive desegregat ion, in whole or in part, of one or more schools under the jurisdiction of suc h school board; (2) such school boa rd has authority to receive and e xpend, or such local government has authority to receive and make availa ble for the use of such board, the proceeds of such loan; and (3) the proceeds of such loan 'ldll be used for t he same purposes for which the fund s withheld or withdrawn would otherwise have bee n used. . (e) Each application made for a loan under th is section sha ll provide such detai led information and be in such form as t he Commissioner may require. Any loan under this section shall be made upon such t erms a nd conditions as the Commissioner shall prescribe. (f) The Commissioner may suspend or terminate assistance under this sect.ion to any school board which, in his judgment, is failin g to comply in good faith with the t erms a nd conditions upon which the assist a nce was extended. SEc. 305. P a yments pursua nt to a grant or contract under this t itle may bo made (after necessary adjustments on account of previously made overpayments or underpa yments) in adva nce or by way of reimbursement, and in such installme nts, and on such conditions, as the Commissioner ma y determine. SEc. 306. The Commission er shall prescribe rules and reg ul ations to carry out the pro visions of sec tions 301 throu gh 305 of this title. SU ITS BY THE ~ TTOR~E Y GE~E RAL SEC . 307. (a) Whenever t he Attorney G eneral receives a co mplaint(! ) signed by a parent or group of parents to the effect that his or their minor children, as members of a class of persons similarly s ituat ed, are being deprived of the equal prot ection of th e laws by reason of th e fa ilure of a school board to achieve desegregation, or (2) signed by an individual, or his p arent , to th e effect th at he has been deni ed adm ission to or not p ermitted t o co ntinue in attendance at a public college by reason of r ace, color, religion or nation al origin, and the Atto rney Ge neral certifi es that ill his judgment the s igner or signers of such complaint are una ble to initiate and m aintain appropriate legal proceedings ma t eri ally fur t her the orderly for relief a nd that the institu t ion of an action progress of desegrega tion in public education, th e Attorney General is authorized to institute for or in the na me of the United States a civil action in a district court of the United State against s uch parties and for s uch relief as m ay be appropri at e, a nd s uch court s hall have a nd shall exercise jurisdiction of proceedings instituted purs uant to this section. The Attorney General may implead as defendants s uch additional parties as are or become necessary to the grant of effective relief hereunder . ,,·ill �CIVIL RIGHTS ·21 (b)" A perso1i or persons shall be deemed unable to initiate and maintain appropriate legal proceedings \Yithin the meaning of subsection (a) of this· section when such p erson or persons are unable, eit her directly or through other interested p ersons or organizations, to bear t he expense of the litigation or to·obt'ain effective legal representation; or when there is reason to believe t hat t he institution of such litigat ion would jeopardize t he employmen t or economic standing of, or might result in injury or economic damage to, such person or persons, their families, or t hei1· property. · (c) Whenever nn action has been commenced in any Court of t he United States seeking relief from t he denial of equal protection of t he laws by reason of the failure of a school board to achieve desegregation, or of a public college t o admit or permit t he continued att endance of an individual, the Attorney General for or in t he name of the United States may intervene in such action if he certifies that, in his judg. ment, the plaintiffs are unable to maintain t he act ion for any of the reasons set f,;irth in subsection (b) of this section, and t hat such intervention will materially Jmther the orderly progress of desegregat ion in public education. In such an action the United States shall be ent itled to t he same relief as if it had instituted the action under subsection (a) of this section. (cl) The term "parent" as used in t his section includes other legal representat ives. SEC. 308. Nothing in this title shall be construed to deny, impair, or ot herwise affect any right or authority of the Attorney General or of the United States under existing law to institute or intervene in any action or proceeding. S_EC. 309. In any action or proceeding under this t itle t he United States shall be liable for costs the same as a private person. · SEc. 310. Nothing in this t itle shall affect adversely the right of any person to sue for or obtain relief in any court against discrimination in public education . TITLE I V-ESTABLISH ME T OF COlVIMUNITY RELATIONS SERVICE SEc. 401. There is hereby established a Community R elations Service (hereinafter referred to as t he "Service") , which shall be headed by a Director who shall be appointed by the President. The Dil'ector shall receive compensation at a r ate of $20,000 per year. The Director is authori zed to appoint such addi.tional officers and employees as he deems necessary to carry out the purposes of this title. · SEc. 402. It shall be the function of the Service to provide assistance to communit ies and persons t herein in resolving disputes, disagreements, or difficulties r elating to discriminatory practices based on race, color, or national origin which impair t he rights of persons in such communities under the Constitution or laws of the United States or which affect or may affect interstate commerce. The Servi ce may offer its services in cases of such disputes, disagreements, or difficulties whenever in its judgment peaceful relations among the citizens of the community involved are threatened t hereby, and it may offer its services either upon its own motion or upon the request of an appropriate local official or other interest ed person. SEc. 403. (a) The Ser vice shall whenever pas ible in performing its functions under this t itle seek and u tilize t he cQoperation of t he appropriate State or local agencies and may seek and ut,ilize t he cooperation of any nonpublic agency which it believes may be helpful. (b) The activities of all officers and employees of t he Ser vice in providing assistance under t his t itle shall be conducted in confidence and without pu blicity, and the Service shall hold confident ial any information acquired in t he regular p erformance of its du ties upon t he understanding t hat it would be so held. No officer or employee of the Service shall engage in t he performance of investigative or prosecuting functions for any department or agency in any litiµation arising out of a dispute in which he acted on behalf of the Service. SEC. 404. Subject to the provisions of. section 403(b), the Director shall, on or before January 31 of each year, submit to the Congress a report of t he activities of the Service d uring the preceding fiscal year. Such report shall also contain information ~1·ith respect to the internal administration of the Ser vice and may contain recommendations for legislat ion necessary for improvements in such ·internal administration . �22 CIVIL RIGHTS TITLE V-COMMISSION ON CI VIL RIGHTS SEc. 501. Section 102 of the Civil Right s Act of 1957 (42 U.S.C. 197511; 71 Stat. 634) is amended to read as follows : "RU LES OF PRO CED U RE OF THE COMMI SSIO N, HEARINGS "SEC. 102. (a) The Chairman, or one designated by him to act as Chairman at a hearing of the Commission, shall announce in an opening statement the subject of the hearing. "(b) A copy of the Commission 's rules shall be mad e available to the witness before the Commission. " (c) Witnesses a t th e hearings may be acco mp ani ed by their own counsel for th e purlJ,ose of ad vising them concerning th eir constitutional rights. "(d) The Chairman or Acting Cha irma n may punish breaches of order a nd decorum a nd unprofessional ethi cs on the part of counsel, by censure a nd exclusion from th e hearings. "(e) If the Commission det ermines that evidence or t estimony a t a ny hearing may t end to defam e, degrade, or incriminate any p erson, it shall receive such evidence or t estimony or summary of such evidence or t estimony in executive session . In the event the Commission determines that such evidence or t estimony shall be given a t a public session, it sha ll afford such p erso n an opportunity volun t a rily to appear as a witness a nd receive a nd dispose of requ ests from such p erson to subpena additional witnesses. "(f) Except as provided in sections 102 a nd 105(f) of this Act, the Cha irma n shall receive and th e Commission shall dispose of requests to subp ena addition a l witnesses. " (g) N o evidence or tes timony or sum mary of eYiclence or t est imony t a ken in executive session may be releas ed or used in public sessions wi thout t he consent of the Commission . Whoever releases or uses in public wit hout the conse nt of the Commission such evidence or testimony taken in exec utive session shall be fin ed not more than $1,000 or imprisoned for not more tha n one year. " (h) In the discretion of t he Commission, witnesses may submit brief a nd pertinent sworn statements in writ ing for inclusion in the record . The Commission is the sole judge of the p ertinency of testimony a nd evidence aclducecl at its hearings. " (i) Upon p ayment of t he cost th ereof, a 11·it ness may ob t ain a t ransc rip t cop y of his test imony given at a public session or, if give n at a n exec ut ive session, when a ut horized by t he Commission. " (j) A wi tness attending any session of the Commission shall receive $6 for each clay 's at tend ance and for t he time necessarily occupied in going t o a nd ret urning from t he same, and 10 cents per mile for going from a nd returning to his place of residence. Witnesses who attend a t points so far removed from their respective residences as t o prohibit return t hereto fro m day t o day shall be enti tled t o a n addit ional allowance of $10 per clay for expenses of subsistence, including th e t ime necessarily occupied in going t o and ret urnin g from the pl ace of attend ance. Mileage pay ments shall be t endered t o t he wit ness upon se rvice of a subp ena iss ued on beha lf of t he Commission or a ny sub committ ee t hereof. " (k) The Commission shall not ·issue any subpena for the attendan ce and t estimony of wit nesses or for the production of written or other matter whi ch would require t he presence of the party subp enaed a t a hearing to be held outside of t he Stat e wherein th e wit ness is found or resides or is domi ciled or transacts business, or has appoin t ed an agent for receipt of ser vice of process except th at, in any event , t he Commission may issue subpenas for th e attend ance a nd t est imony of wit nesses a nd th e prod ucti on of written or other matter at a heari ng held wit hi n fif t y miles of t he p lac e where t he witn ess is fo un d or resides or is domicilied or t ransacts business or has ap poin t ed an a gent for r eceipt of service of process." SEc. 502. Section 103(a) of th e Civil Ri ghts Act of 1957 (42 U.S.C. 1975b (a) ; 71 Stat. 634) is amended to read as fo llows : "SEc. 103. (a) Eac h mem ber of t he Commission who is not otherwise in the service of the Go vernm ent of t he United States shall receive th e smn of $75 p er clay for each day spent in th e work of th e Com mission, shall be paid actu al t ravel exp enses, and per di em in lieu of subsist ence expenses when away from his usual place of residence, in accordance with secti on 5 of the Admi nistrati ve E xp enses Act of 1946, as a mended (5 U.S.C. 73b-2 ; 60 Stat. 808)." SEc. 503. Section 103(b) of the Civil Rights Ac t of 1957 (42 U.S.C. 1975 (b); 71 St at . 634) is a mended t o read as follows : �CIVIL RIGHTS 23 "(b) Each member of the Commission who is ot herwise in the service of the Government of t he United States shall serve without compensation in addition to that received for such other service, but while engaged in the work of the Commission shall be paid actual travel expenses, and per di em in lieu of subsistenc e expenses when away from his usual place of residence, in accordance with the provisions of the Travel Expense Act of 1949,· as· amended (5 U.S.C. 835-42; 63 Stat. 166) ." . . SEc. 504. Section 104 of the Civil Rights Act of 1957 (42 U.S.C. 1975c ; 71 Stat. 635) , a,s amend ed, is fur ther amended to read as follows: 11 D UTIE S O~' THE CO~!MISSION " Sec. 104. (a) The Commission shall" (1) investiga te allegations in writing under oath or affirmation that certain citizens of the United States are being deprived of their right to vote and have t hat vote counted by reason of their color, race, religion, or national origin; which writing, under oa t h or aflirmation, shall set forth the facts upon which such belief or beliefs a re based; "(2) study and collect information concerning legal developments co nstituting a denial of equal protection of the laws under t he Constitution ; "(3) appraise t he laws and policies of the Federal Government with respect to equal protection of the laws under the Constitut ion; a nd "(4) serve as a national cleari nghouse for information, and provide advice and technical assist ance to Government agencies, communities, industries, organizations, or individuals in respect t o equal protection of the laws, including but not limited to t he fi elds of voting, education, housing, employment, the use of public facilities, transportatio n, a nd the administration of justice. The Commission may, for s uch periods as it deems necessary, concentrate t he performance of its duti es on those specified in either paragraph (1), (2), (3), or (4) and may further ..concentrate the performan ce of its duti es under any of such paragraphs on one or more aspects of the duti es imposed therein. " (b) The Commission shall submit interim repor t.5 to .the President and to the Congress at such times as either the Commission or the President shall deem desirable, and shall submi t to the President and to t he Congress a fin al and comprehensive report of its activities, findings, an d recommendations not later th an September 30, 1967. "(c) Sixty days after the s ubmission of its final report an d recommendations the Commission shall cease to e:,..ist." SEc. 505. (a) Section 105(a) of the Civil Rights Act of 1957 (42 U.S.C. 1975(d) ; 71 Stat. 636) is amended b y strikin g out in the last sentence thereof " $50 per di em" and inserting in lieu thereof " $75 per di em." SEc. 506. Section 105(g) of t he Civil Rights Act of 1957 (42 U.S.C. 1975d(g); 71 Stat. 636) is amended to read as follows: "(g) In case of contumacy or refusal to obey a subpena, any district court of the Unit ed States or the United Stat es court of a ny t erritory or possession, or the District Court of the United States for th e Dist ri ct of Columbia, within the jurisdiction of which th e inquiry is carried on or within the jurisdiction of which said person guilty of contumacy or refusal to obey is found or resides or is domi ciled or transacts business, or has appointed an agent for receipt of servi ce of process, upon application by the Attorney General of the United States shall h ave jurisdiction to iss ue to s uch person an order requiring such p erson to appear befo re th e Commission or a subcommittee thereof, there to produce evidence if so ordered, or there to give t estimony touching the matter under investigation; and any failure to obey such order of the court may be punished by said court as a contempt thereof. " SEC. 507. Section 105 of the Civil Rights Act of 1957 (42 U.S.C. 1975d· 71 Stat . 636), as amended by section 401 of the Civil Rights Act of 1960 (42 U.S.C. 1975d(h) ; 74 Stat. 89), is further amended by add ing a new subsection at the end t o read as follows: "(i) The Commission shall have the power to make such rul es and regulat(ons as it deems necessary to carry out the purposes of this Act." �24 TITLE CIVIL RIGHTS VI-NONDISCRIMINATIOK I K PROGRAMS · FE,DERA~LY ASSISTED SEc. 601. Notwithstanding any provision to th e contrary in any law of the United States providing or authorizing direct or indirect financi al assistauce for or in connection with any program or activity by way of grant, contract, loan, insurance, guaranty, or otherwise, no such law shall be interpreted as requiring that such financial assistance shall be furnished in circumstances under which individuals participating in or benefiting from the program or activity are discriminated against on the ground of race, color, religion, or national origin or are denied participation or benefits therein on the ground of race, color, religion, or national origin . All contracts made in connection with any such program or activity shall contain such conditions as the President may prescribe for the purpose of assuring that there shall be no discrimination in employment by any contractor or subcontractor on the ground of race, color, religion, or na tional origi11 . TTTLE VII- COMMISSION ON EQUAL EMPLOYivIENT ·oPPORTUNITY Si,;c. 701. The President is authorized to establish a Commission to be known as t he " Commission on Equal Employment Opportunity," hereinafter referr ed to as the Commission . It shall be the function of the Commission to preven t discrimination agai\}St employees or applicants for employment because .of rac e , color, religion, or national origin by Government contractors and subcontractors , and by contractors and subcontractors participating in programs or activities in which direct or indirect financial assistance by the United States Government is provided by way of grant, contract, loan, insurance, guaranty, or otherwise. The Commission shall have such powers to effectuate t he purposes qf this title as may be conferred upon it by the President. The President may also confer upon t h e Commission such powers as he deems appropriate to· prevent discrimination on t he ground of race, color, religion, or nat ional origin in government employment. SEc. 702. The Commission shall consis t of the Vice President, who shall serve as Chairman, tlie Secretary of Labor, who shall serve as Vice Chairman, and not more than fifteen other members appointed by and serving at the pleasure o( the President. Members of the Commission, whi le attending meetings or conferences of the Commission or otherwise serving at the request of the Commission, shall be entitled to receive compensation a t a rate to be· fixed by it but not exceeding $75 per diem, including tra vel time, and whi le away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as au t hori zed by section 73b-2 of title 5 of the United States Code for persons in the Government service employed intermittently . . SEC. 703 . (a) There shall be an Executive Vice Chairman of the Commission who sha ll be appointed by t.11e Pres ident and who shall be ex officio a member of the Commi s ion . The E xecut ive Vi ce Chairman shall assist the Chairm an, the Vice Chairm an, and tho members of t ho Commission and shall be respons ible for carrying out the orders a nd recommend ations of the Commission and for performin g s uch other fun ctions as t he Commission may dir ect. (b) Section 106(a) of th e Federal Executive Pay Act of 1956, as amended (5 U.S .C. 2205(a)), is fur ther a mende·d by adding t he following clause thereto: "(52) E xecuti ve Vice Chairm an, Commission on Equal Employment Opportunity ." (c) The Commission is au thori zed to a ppoin t, subj ect to the civil service laws and regulations, such ot her personnel as may be necessary to enable it to carry out it,s function s and duties, and to fi x th eir compensation in accordance with the Classification Ac t of 1949, and is a ut hori zed to procure services as authorized by section 14 of t he Act of Au gust 2, 1946 (60 Stat. 810 ; 5 U.S.C. 55a), but at r ates for indi vidual · no t in excess of $50 a day. TITLE VIII- MISCELLA TEOUS SEC . 801. There arc hereby au t horized t o be appropriated such sums as are necessary to carr y ou t t ho provisions of this Act . SEc . 802. If any pro vi ion of this Act or the application thereof to any person or circumstance is held invalid, the r ema inder of the Act and the application of the provis ion to other persons or circumstances s hall not be affected thereby. 0 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Box 17, Folder 14, Document 24 Box 17 Box 17 Folder 14 Folder topic: Civil Rights Bill | 1963 https://ivanallen.iac.gatech.edu/mayoral-records/traditional/files/original/55095556a8f773afcb34ac981e7676ad.pdf c4a565155d9bfda9eb821bfffb9752c4 Scripto Transcription A written representation of a document. ATLANTA , GEORGIA -_,  ...._..._,...._ FORM 25-6 � Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Text Any textual data included in the document ATLANTA,GEORGIA  Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Box 17, Folder 14, Document 23 Box 17 Box 17 Folder 14 Folder topic: Civil Rights Bill | 1963 https://ivanallen.iac.gatech.edu/mayoral-records/traditional/files/original/89ce45888ee98dcf39c84913181a3625.pdf a1cf2d94e83a563565b42183d9ab97ab Scripto Transcription A written representation of a document. Ljh ~{}-1_ ~ ~ ½~ 0rL ~ / ~ }~-4.J ��~ ~ ~ ()J'v ,o-l,,~~ -~ ~ vlv . ~ ~ - a_,J,__, ~_;}J /-ylJ O ~VA,, f4,cJL {) ~~ (_Av ~ ~ ~ b ~~ ~v~ 143.215.248.55 '----lt-- ft-lA~ (} Cy_;f- Gt» ,o..vrJ_,- ~ ~ ~ ~ ~ ~ vlV ~ u.. r;._)._ ~ c./, u..d., V J./J..,1,-l,,, ~ 't<NA- ~~ ~ ~~ lo.LFCL -c.L., "<-/) ~ ~ ~ a..~ ~~rr '--A~ . ~ ' {,,,a,, S, °'--A\.vL t>..jn _) f1th1__ - � Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Text Any textual data included in the document Chee DH Oohkhe tre ne Natrol Utatione. Wy QurdrenChey — puw poeatn ble aed. be ond Pe ar OAT pro Ge Lar pip pred UN ~ Crete wkonple. Becnuete yor AndA- oth Ontint anal Agus. rattle ane prrctpd snore  Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Box 17, Folder 14, Document 22 Box 17 Box 17 Folder 14 Folder topic: Civil Rights Bill | 1963 https://ivanallen.iac.gatech.edu/mayoral-records/traditional/files/original/d0776ba2e3a16d3408eed02e5d9890b3.pdf 951378bad0b3691cefc9babd1b5f7be3 Scripto Transcription A written representation of a document. I I , . ,:, ,. - - - SE · ,: • '~ . <t 'I-. ; • '.':·=:,""' THE NEW YORK TIMES, SUNDAY, JULY 28, 1963. 1 ' • ~-- ~lrt NtID I ork ~imts. "ia.· ,r opics There came a brief A DOLP H S. OCHS, Publisher 1896-1935 Diving note the other day from OR VIL E. DR YF OO S, Publisher 1961-1963 to Tidy the Sudan, where for a month a team of sciPt:BLISHED EVERY DAY IN THE YEAR BY THE NEW YORK TIMES COMPANY Up entists had 'been living ARTHUR HAYS S 1! LZBERGER_, Chairman of the Board deep in the Red Sea in watertight ARTHUR OCHS S ULZBERGER , President and. Publu.her villages containing such home comHARDING F. BANCROFT, Vice President and S ecretary FRAN CIS A. Cox, Treasure,, forts as air-conditioning and television. The wife of Jacques-Yves Cousteau, French explorer, diver and head of the group, would go to very little? Is it not a game that every country '·· After the Treaty below and would tidy up the place a is playing with every other? A game that nobody . " little. This item was received with The his toric treaty between the United States, can win? A game that isn't worth the effort? cooing sounds the world over, for as Britain and Soviet Russia banning all nuclear half of the world's adult population weapons tests in the atmosphere, under water Adjusting to Automation chooses to believe, no man is capable and in outer space is being hailed throughout of even emptying an ash tray, The United Steelworkers of America and the the world as a promising beginning of a new either on the surface or 45 feet employ ers with whom it deals have again demepoch in East-West relations. After all t he bleak down under. The cooing changed to onstrated t hat collective ba rgaining can' produce a higher, triumphant pitch as the years of cold war and the recurring crises that constructive answers to t he problems of techno- next day or so went by, with images found their climax in the near-collision over logical change without tests of economic muscle becoming more lifelike of a tired, Cuba, the world breathes easier today and there or Government coercion. The contractS' just wan Mme. Cousteau working her is new hope that it can banish the t hreat of reached by the union and the major aluminum fingers to the bone with the carpet nuclear holocaust. Producers represent an imaginative extension of sweeper, while he just sat around, ,. But, important as the treaty is for what it t he progress-sharing principles embodied in the probably ogling mermaids. Half the aa.:ys and what it may portend, it is at best union's agreements with the steel and can world's adult population had the only a start toward larger goals. President time of its life pointing out alleged companies. Kennedy right1y warns that it is not the millenSimilarities between itself i nd the All the aluminum workers-not just those niUJll and that the road ahead is still long and Cousteaus, while the other half tried With long seniority- will qualify for 10 weeks to think of other things, hoping that rockY· As he pointed out, it is a limited treaty of vacation every five yea.rs, with 13 weeks' pay eventually the noise would quiet which does. not even stop all tests, though it to help them enjoy their sabbatical. Fringe b ene- down. would stop further lethal fallout. Both real disfits will a lso be liberalized, but there will be armament and the political settlements that There is in all newsno increase in direct m oney wages. The changes must go hand in hand with it remain far off. Actually paper work a trade exare designed to give the workers a share in the The key to a solution of these problems is for a pression called the folbenefits of increased productivity on a basis that largely in Soviet hands. P remier Khrushchev Party low • up story. This \Vill expand total employ ment opportunities and agreed to the test-ban treaty he had previously means that what is reavoid any increase in aluminum prices. Ported upon today will also be rejected because, as Under Secretary of State The new contracts, coupled with those already Watched closely tomorrow, for whatHarriman says, he "very much wanted one at signed by the union through its joint Human ever new, relevant happenings that this time." The Soviet ruler says he wants more llelations Committee in basic steel and its long- day may bring. Those newspaperagreements. If so, the West will do its utmost range committee in Kaiser Steel, ought to serve men of the Sudan are superb repreto reach them. But will Khrushchev? And on as a spur to the deadlocked negotiators in the sentatives 6f their craft, and no What terms? sooner did Mme. Cousteau break nation's' railroads. The guidelines for a sound 'fhe hard fact is that Soviet Russia's signasurface after her trip below than agreement have been laid down by two Presiture on the treaty does not mark {he end of tney were asking her questions. Im· dential commissions, created only because of the lllediately, a large, furry cat was let i drive toward a Communist world triumph, atrophy of the bargaining process in this pivotal out of the bag. She had gone to the though it may now pursue that goal by means industry. underwater village to celebrate with R ort of nuclear war. In fact, both the treaty Any formula Congress approves for barring her husband their 26th wedding a nand the "nonaggression pact" Russia wants may a rail strike through legislative compulsion will niversary, and nothing further was _ become weapons in the Soviet "peace" arsenal set a damaging precedent. The month-long truce Said about tidying up. All about the to line up Asia and Africa against the "waragreed to by the railroads provides a last oppor• World the cooing that had changed in ngering" Chinese Communists and to soften tunity for the unions to demonstrate that their to a higher, triumphant pitch clied u the West for political settlements that would suddenly to a frozen silence. All concept of bargaining is not summed up in the about the world the other half that i air its alliances. As Mr. Khrushchev told the single word "no." Cn1nese: "The struggle for peace, for peaceful hact tried to think of other things Up to now they have been gambling on the Uttered a yelp of complete and pure cor!Xistence, is organically bound up with the proposition that the Government will continue delight. Down many a . long and reVpJutionary struggle against imperialism. It to retreat in the face of their obduracy, and that Weary year, this half always has weakens t he front of imperialism, isolates its finally they can extort a settlement that will Contended that the other, while mo e aggressive circles from the masses of the saddle the carriers with thousands of unneeded casual about tidying up, could be pev Je and helps in the struggle for national jobs. The trouble with this venture in brink- Counted upon to plunge through lib<!rp,tion." The West is warned . manship is not only that the gamble involves either hell or high water in order to · , rthermore, t he treaty itself can be abro· l'each a party, in particular an annia strike in which the economy would be the versary party. Here was Mme. Cousgal~ if "extraordinary events" jeopardize "the chief victim but that a "victory" for the unions teau, not only plunging, but with the supt r.ne interests' ' of any of its signatories. The would jeopardize all job security by pushing the high water recorded in actual feet. Rus ·ans insisted on his reservation, over a narr,1wer definition proposed by t he West, as railroads closer to bankruptcy. It is clear that only This is the lesson the disastrous 116-day st rike n c h,;ious safeguard against nuclear armament one half of the world is The of 1959 taught both sides in steel. Unfortunately, by o er powers. They may have Germany in getting the last WOt'd on final n h are concerned about there is no sign yet t hat the railroad unions e · ·de 0 Letters to The Times ··\". Physicist Backs Test Ban Selove Declares Agreement l!; in Interests of Both Sides The write1· o/ the following ts professor of physics at the University of P ennsylv an1ia. TO TH!l EDITOR OF THE NEW YORK TIMES : As the test ban negotiations move ahead beyond initial agreement, it is strange to see the reluctance, if not opposition, to make such an agreement shown by some members of this Government. It is encouraging that a large number of Senators have joined in the remarkable Hpmphrey-Dodd resolution in support of an airspace-water test ban, and encoura;;;ing also that so highly informed and influential a Representative as Chet Holifield has indicated his feeling that such a ban should receive support. Why is there any question as to whether such a ban is in the interests of the Unitea ptates? I believe U1e opposition is due prjmarily t o two mistaken attitudes. First, there are those who believe that.this country can better achieve security by further nuclear weapons development rather than bY "trusting" the Soviet Union to adhere to the airspace-water ban. '!'his is a gross mistake. For one thing, no "trust" is necessary. More important, no foreseeable development ( at least in the next decade, as far as can now be seen) will change the ability of each of the two nuclear giants to utterly devastate each other. Orbiting Bombs Indeed, if nuclear tests of large weapons continue we would probHerman Kahn's ably move closer "doomsday" mac)lines - perhaps with each side w 0 rl<ing toward orbiting bomb1 of trLlndreds of megatons. A very few such bombs from continuous orbit could be used to set fire \ o the entire eastern coast of this country. we have the judgment of Secretary McNamara that no really effective anti-missile defense is visible, and we can expect that prospect ~o become stronger with the passage o! time. The second mistal<e made by opponents of a test bll-n has to do with simple distrust of the other side. The question posed is essentially the following ( and Could be used by Soviet opponents of 9 test ban as well as by our own ) : Why should the "other" side want !I test ban unless it is to t heir advaJltage, and consequently, i t is ini_p)jed, t o our own disadvantage ? TM mistake h~re is to think that a test ban can b~ or must be t o t he to life a.nd his honor to be used to the best moral interests of his country. Your view [editorial J uly 17] would deny. him any moral dignity of his own. Segregation is morally wrong, and any citizen, military or otherwise, has the right and the moral obligation to make known, even by demonstrating, his views in reference to it. If the Brown Shirts aJld the German regular army 8Jld the German citizens had taken to demonstrations, rather than bowed to accepted immoral tradition, perhaps the cost to European Jewry would not have been so devastating. Historical precedent and honored tradition have their place in society, but they should not be above the individual's right publicly to make known his own moral standards. I wou"ttl have thought The New York Times would have been the first to defend such rights and obligations. JOSEPH COLLINS. Rhinebeck, N. Y.," July 18, 1963. Taxing Foreign Securities Administration Proposal Declared No Cure for Present Gold Outflow To THE Eorron OF THE N EW Y ORK Tl.MES: The Times is to be congratulated for having immediately pointed out [editorial July 19] the dangers of the Atlministration's proposed tax on American purchase of foreign securities. These dangers have not been eliminated by its more recent proposal to exempt new Canadian issues. Indeed, the Canadian exernp. tion dramatizes how completely arbitrary this kind of currency regu. lation and manipulation is sure to be. When the niceties a.re stripPed away, the proposed tax is a forrn of exchange control, defined as an effort by Government to limit and to restrict the use of its own currency. Such restriction on foreign trans. actions was widely practiced by Nazi Germany and is the stocl< in trade of all totalitarian regimes. It is the entering wedge for other types of control over the domestic economy. The President wants the taJC in order to stanch the outward flow of American investment doilars which is augmenting the deficit in our balance of payments. But the proximate cause of this outflo\1/ is that United States interest rat es are lower than in many other countries, which both encourages United Stflles citizens to buy foreign securities !Ul.d likewise encourages foreign cotn. panies to float t heir securities i n our markets on easy terms. It 1s notable and regrettable that the P r.esi~ent ~as no Intention of curing ~.:.,-r;~~ . . ·!.. ~--~~;: ,.:/{~; ·, • Founding Fathers' Intent Citing 18th Century Leaders in Support of Religion Disputed The w riter of the following letter is M inist er of Edu cation for the First Chttrch in B oston, Unitarian. TO THE E DITOR OF THE N~ Y ORK T IMES: The current debate on your editorial page about the intentions of th~ Founding Fathers in drafting, enacting and ratifying the "establishment of religion" clause of the First Amendment discloses more about the condition of American religion th8Jl it does about the historical problem of whether the clause was intended to apply to the establishment of a national religion based upon an "es- · sential consensus respecting God, i man and the moral law." Especially revealing is the zeal with which Christian leaders, lay and clerical, have clasped the Founding Fathers to t heir bosoms as upholders of this "essential consensus." No matter how much we should like to re-create our Revolutionary saints in our own image, historical fa cts cannot be ignored without endangering both our honesty and our sense of history's vicissitudes. Recent research indicates that John Adams, Jefferson, Washington, Paine, Madison and F ranklin were deists. While they differed on particular points of doctrin~, they agreed that, in Franklin's words, "there is one Godi who made all things," and that "the most a cceptable service of God is doing good to man." In short, the religion of the most eminent Founding Fat hers was based largely on Genesis i, 2 and Matthew iv, 7. The deist position is clearly embodied in Jefferson's Declaration of Independence, where he r efers to "the laws of nature and of nature's god." Deist Theology A comparison of the essentials of deist t heology and the docfrines of Judaism and Christianity shows that t he West's two great religions have properly regarded deism as their enemy. For, as expounded by most of its followers, deism denies the possibility of a covenant a nd of a savior. I can but marvel, therefort a t the Industry of Chr istian leaders in finding champions in the Founding F athers and in treating their religious testimonies as if anchored in the bedrock of theological orthodoxy. If we iu·e to believe that America's •·essential consensus is embodied in the ideas of Jefferson and his friends, we must admit this nation ls not and never has been rooted in the J 11claeo-Chri·tian tradition. �VUJUJ.LJ.U.J.J., i:>L- v~ ... .-...u-, .,., ............. ~ ..,,...,.....,...,.,..., _... ..... _ - - ••--- ---- -:-break the "white" nuclear monopoly. They may __ 1 also mean France, busily building its own nuclear 1..· · force. President Kennedy is trying to persuade Presi• , dent de Gaulle to adhere to the treaty, but -..,. '.success is unlikely unless France, an acknowl..: edged nuclear power, is put on a par with Britain a'Ild supplied with the same nuclear information .• w e n ow give the· British. If we ·did so, the pur. '; p ose would not be to "cause, encourage or partic1' ipate in" further French tests, which is forbidJSJ den.. by the t reaty, but to make such tests ·..:..." unnecessary without hampering France's nuclear .a development. French adherence to the new pact might prove · ".: a preliminary to agreement by France to join ~ ,in building a NATO nuclear for ce and to restore ' Western solidarity. That is still an essential s afeguard of peace. . '" The Art of Spymg f,,,l " ..! Do not implicitl y trust anything you read about spies and spying even if the source is im._peccably official. By the accepted rules of the ~.game, government statements may be deliber: .. r .ately false in order t o mislead "the enemy. " But, ·-r·hof course, t hey may be true. Naturally, truth is toe often very confusing. • • The layman can be excused for r uminating in his fashion as he r J ads his morning newspaper. · ~ The cast of characters needs a Dickens or a iw Dostoievsky ( not a historian, of course ) to do 9 r,:justice to the parade of diplomats, scientists, journalists, homosexuals, prostitutes and-best of all-intelligence agents w ho betray their out,.. fits and thei r fellow spies. Nothing could be ·-niore devious or fascinating than a double agent. At least, it is comforting for the layman t o contemplate the bungling and blindnesses of the professionals. Devotees of the whodunits surely collld do bet t er . Trained by Eric Ambler, Georges S imen on a nd Ian Fleming, they would never have 'permitted a Bay of Pigs invasion; a successful ,,.Christine Keeler ; a fantastic 10-year career of ex-Nazi German intelligence officers providin g the Russians with 15,000 photographs, 20 spools .of tape and many a secret of the West Germans and NATO. Not that the Russians should boast; hey had Penkovsky. \":ven though t he real spy cases may be stranger than fiction , you don't get the solutions a s you do in the thrillers. Nothing could be more fas cinat ing than the stories of the British jpurnalist H. A. R. Philby, or the Swedish Air Force Col. Stig Wennerstrom; but at their most interesting points the volumes are snapped shut and put away in secret places w,h ere even intelligence chiefs, like characters in a Kafkaesque tale, probably cannot find them. '.l,'he outsider must be forgiven for believing that any t ime any government wants to arrest nd/or expel X-number of spies, it digs into . its f iles and comes u p wit h the requisite quantity. W h en spies are under surveillance they are, 1.Inbeknownst, spying for the country they are spying on. The most dangerous spies of all are, o be sure, the ones who ar e never caught. Ther~ s nothing that the C.I. A., MI-5, K.B.G., Surete and all the other intelligence and counter -intelligence or ganizations can do about them. ls it not possible, in fact , that all this espionage and counter-espionage ; all these agen ts and double a g ents, intelligence officers, counterintelligence officers, plots and paraphernalia frolll infinitesimal micr ophones t o beds, add up Atlanta's Mayor Speaks On rare occasions the orat orical fog on Capitol Hill is pierced by a voice r esona nt with courage and dignity. Such a voice was heard when Mayor Ivan Allen Jr. of Atlanta testified before the Senate Commerce Committee in support of President Kennedy's bill to prohibit racial discrimination in stores, restaurants and other public accommodations. On the basis of the very substantial accomp lishments that his city of a half-million, the largest in the Southeast, has made in desegregating publicly owned and privately owned facili ties, he migh t have come as a champion of "states' rights" and of the ability of localities to banish discrimination without F ederal law. Certainly, he would h ave had much more warrant to es{?ouse that view than the Barretts, the Wallaces and the other arch-segregationists who raise the specter of F ederal "usurpation" as a device for keeping Southern Negroes in subjection. But Mr. Allen was not in Washington to boast. He was there to warn that even in cities like Atlanta the progress that had been made might be wiped out if Congress turned its back on the Kennedy · proposal and th us gave implied en. dorsement to the concept that private businesses were free to discriminate. He left behind this charge to finish t he job started with the Emancipation Proclamation a century ag : "Now the eliminat ion of segregation , which is slavery's s tepchild, is a challenge to all of us t o make every American free in fact as well as in theory - and again to establish our n ation as t he true champion of the fr ee world. " The Fiddlers The Jong-legg ed, r a sp-win ged insects now come Jpto their own, and we won't hear the last of them till hard frost a rrives. They are t he leaping fiddlers, the grasshopl?ers, the crickets and the katydids. Grasshoppers are spoken of in the Bible as " locusts," and their hordes have contributed in many lands, including our own West, to the l?ng history of insect devastation an d human famme. Walk through any meadow now, or a lo ng ~ny weedy roadside, and you will see t h em leapm.g ahead of yo u, hear t he rasping rattle of their harsh wings in brief flight. But they do little real fiddl ing. The fidd lers now are t.}le crickets. . Listen on any hot afternoon or warm evenmg, particularly in the country, and you will hear the crickets even though you seldom see them. In the afternoon you will hear the black field crickets, chirping as we say, and often into the warm evening. But in the evening, from dusk on through the warm night, the more insistent sound will be the trilling of the pale green tree crickets. Individually the tree cricket's trill is not so loud, but because all those in the neighborhood synchronize their trills the sound can be a s insistent as were the calls of the spring peepers back in April. The loudest fiddlers of all are the katydids, which look like green, hunch-backed grasshop· pers. Night after night they rasp wing on wing and make that monotonous call, shrill and seem· ingly endless. But the katydids won't be heard for another two weeks or so. Meanwhile the crickets possess late July, chirping and trilling the warm hours away as though summer endured forever, ana IL is noL Lne 11au which is accustomed to getting it. Whether the other half will learn anything from the incident is doubtful, of course, because a setness of way began a long time ago in a certain garden, a snake and apple being present. But it is July now, and throughout the world there are thousands of summer bachelors. To hear those who are away talk about it, these bachelors, having made a hovel of the house, are continuing to Jive begrimed lives, surrounded by overflowing ash trays, inch-thick lint on the rugs, unwashed dishes mounded high in the sink. Everywhere are t he sisters of the Mme. Cousteau of the first -day story, who say they are going down to tidy up the place a little. Do they? party, particularly Come an anniversary partyas that becomes another ' Guests matter. Although it cannot be proved, of course, It may be assumed that quite possibly M. Cousteau- with his eye on scientific affairs-may have failed to remember the anniversary un til reminded by ocean-floor-to-shore telephone. This has happened, and that half of the world to which it 11as happened has a sympathetic Ricture of him darting out to cool the wine in some far subsurface cave, on the way home cutting clusters of sea flowers for the table. Summer bachelors know something further, a,nd since this is the last day that half of the world gets the last word, Jet it. be set down so. It's dollars to doughnuts M. Cousteau himself cool<ed the meal, from shrimp cockii with plankton sauce to whale teak a la mer rouge. When they do drop in, it is not to tidy up, as the first-day story has it, but to attend a party, witness the followUP· As guests, of course, as half the world Well knows. A EMERALD ISLE Truly th is isle Is green, though heather and gorse wreathe its rolling fields with moderate rainbows ; '.['llough where the land is low, the endless moors RoJI out mahogany earth; though nature raise Most silver bar riers with all the rocks oJ Ireland against the sparkling air. And gray Tile sheep, all summer unattended, relax or clamber without effor t on their lonely \Jld sustaining hillsides. Near the peat bogs, Where the early sun beats off the Chi]t ot night, an errant donkey, forefeet tied With rags, l:!J'ays at the Irish morning his 1 anirna1 t:,rotest against life's cruel cu1-taiJ. ments, \!Id comprehending no guilt, cries penitence. LORA D UN"1"'TZ. - - ·- --- c, - - American interest rates to rise. Unemployment's cause reading in the public schools extracts from the religious writings of the Founding Fathers, Christians On- the contrary, the President who believe that t hey are thereby states that such a rise in long-term preserving our "spiritual heritage" rates would "throw our economy had best recognize that their device into reverse" and increase unem· for circumventing the Supreme Court ployment. His reasoning may be also undercuts their o.wn doctrines, doubted. The persistence of unem· The confusion in the minds of so ployment in the United States is due many Americans concerning the tento continuing upward pressure on ets of their own religious traditions wages, to misguided efforts to hold and the beliefs of our 18th century "minimum wages" at artificial lev- .leaders suggests that the total sepaels, and to extortionate corporate ration of church and state is long and progressive income taxation overdue. As Madison wrote, "The tendency which the Administration's proposed domestic tax program will do li t tle to a usurpation on one side or the or nothing to cure. other, or to a corrupting coalition or If Washington wishes to promote alliance between them, will be best furthe r economic expansion and at guarded against by an entire abstithe same time right the United nence of the Government from interStates balance-of-payments posi- ferenct in any way whatever, beyond tion, it must abandon its blind f ith the necessity g_f preserving public in easy money and deficit spend g ,order, and protecting each sect as a cure-all. against trespasses on its legal rights The proposed tax on Ameri an by others." ROBERT W, HANEY. purchase of ,foreign securities will Boston, July 22, 1963. not restore ' faith in the American dollar, the lack of which is at tile Immigration Proposal root of our difficulties. It is a To THE EDITOR OF THE NEW YORK TIMES: sign of continuing weakness, not of The belief that immigration under strength. It is also, as The T imes President Kennedy's proposed new points out, a blow against develop· immigration law will be limited to ing a true international order where 165,000 persons a year is inaccurate. currencies must be fully convertible Under the proposed law, there is and free. to be unlimited immigration from On international no less t han do· such places as the West Indies, mestic grounds Congress should vote Mexico, Haiti, Latin America and the proposal down as a dangerous the Western Hemisphere. In contrast to this special privilege granted to statist measure. these countries, the only limitation JOHN DAVENPORT, New York, July 23, 1963. is on European countries, and therefore there is no reason why practically the entire populations of .Worthier Goal Than Moon some of the Latin and Caribbean T O TH.II EDITOl\ OF THE NEW YORK 'l'lMEs : A leading space scientist was- re- countries may not eventually immicently asked: · ·rs it worth 10 billion grate here, in accordance with a dollars to put an American on the growing tI·end. moon?" He replied: "Possibly not. Previous reform bills introduced But it might be worth that ~s a by for mer Senator Herbert Lehman national goal." and R epresentative Celler proposed Surely there are much more to eliminate these special privileges worthy and urgent projects on earth for Western Hemisphere countries in which our citizens would Unite. and put every country on an equal General, human welfare is an ap· basis, but President Kennedy's bill pealing and challenging national is not one of these. ALBERT MAYER, goal that fo r life, liberty and tne Chairman, Immigration and Naturalization Committee, Federal pursuit of happiness as well as for Bar Association of New York, world prestige far surpasses s. New Jersey and Connecticut. moon shot. GBORGE T. SCOTT. New York, July 25, 1963. Upper Montclair, N .J. , July 24, 1963. of the other side. The fact is that a test ban is in the interests of both sides. Not only as a step toward other tension-reducing measures, and not only for economic reasons, bi:it because neither side can achieve security by its efforts alone. A t est ban will probably contrib· ute to the understanding of that fact by both Governments and both peoples. It could indeed be a major step forward toward sanity. Public polls show that the United States public understands that fact. The test ban needs and should receive the same strong support from · the Senate. WALTER SELOVE. Havertown, Pa., July 25, 1963. Weaning Cuba Away TO THE Ell'!TOROFTlfEN°Ew YORK TBfES : It is good when The New Yorlt Times suggests the wisdom of "a more relaxed relationship" with Cuba, as you did in your July 19 editorial "Coexisting With Cuba." l I would think tllat an improvement in our attitude about Cuba and our actions toward her would inevitably bring about a decrease in Soviet influence there and have Cuba back with the other American countries. As a small stockholder in one of the companies involved in the Cuban "take-over," I do not find my com· pany very mucll concerned or its Cuban holdings very much of a financial issue. some -reimbursement would probably be made by Castro if the United States Government worked on the ma,tter under "a more relaxed relationsl1ip." What you have suggested in your editorial would seem a first step toward the United States regaining its position in Cuba and Soviet withdrawal. CHARLES ·H . AL P,\CH. Croton-on-Hudson,N.Y., July 19, 1963. Demonstrating· in Uniform To THE EDITO R OF TJ-IE NEw YORK TIMES : Followed to its logical conclusio n, Defen se sec!'etary McNamara's directive on ser\licemen and civil rights demonstrations would bring to our armed services the same spirit, restraint aJ!d blind "I-followorders" obedience that permeated the German Arm)' during Germany's "J ewish trouble." ' A man may volunteer to serve his country. 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The Assocla tea Pus,, Is eutltled oxe lusl~tly to the use tor republication or alt news d ts~atchu credited to It or not otherwise credited In thll paper a.nd loca.l news of spontaneous origin pub· tlahed heroin. Rights of republlcatlon of nil ma t ter h <r•ln are &!so reserved, otber 1 � Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Text Any textual data included in the document “JaSe] 24] EIA suonvotunuruog, “A}ISlealuQ surydory suyof Aa padojaaap sea it “stioyriten piget atte UES THE NEW YORK TIMES, SUNDAY, JULY 28, 1963. < Che New Pork Eimes. ADOLPH 8S, Ocus, Publisher 1896-1935 Orvi.L E. Dryrroos, Publisher 1961-1963 PUBLISHED EVERY DAY IN THE YEAR BY THE NEW YORK TIMES COMPANY ArtTHUR Hays SULZBERGER, Chairman of the Board ARTHUR OcHS SULZBERGER, President and. Publisher Harvpine F. BANcrort, Vice President and Secretary FRANCIS A, Cox, Treasurer e After the Treaty __ The historic treaty between the United States, > Britain and Soviet Russia banning all nuclear ~\! weapons tests in the atmosphere, under water 5 ‘and in outer space is being hailed throughout the world as a promising beginning of a new ~ epoch in East-West Telations. After all the bleak ‘years of cold war and the recurring crises that ‘found their climax in the near-collision over “Cuba, the world breathes easier today and there “is new hope that it can banish the threat of " Ruclear holocaust. ae Mut But, important as the treaty is for what it “lssays and what it may portend, it is at best only a start toward larger goals. President Kernedy rightly warns that it is not the millen- nium and that the road ahead is still long and rocky- As he pointed out, it is a limited treaty a “which does not even stop all tests, though it “would stop further lethal fallout. Both real dis- arp ament and the political settlements that must go hand in hand with it remain far off. The key to a solution of these problems is . largely in Soviet hands. Premier Khrushchev agreed to the test-ban treaty he had previously - Tejected because, as Under Secretary of State Harriman says, he “very much wanted one at this time.” The Soviet ruler says he wants more agreements. If so, the West will do its utmost ‘tg reach them, But will Khrushchev? And on What terms? ‘The hard fact is that Soviet Russia’s signa- ti tire on the treaty does not mark the end of drive toward a Communist world triumph, Sthough it may now pursue that goal by means short of nuclear war. In fact, both the treaty and the “nonaggression pact” Russia wants may _hecome Weapons in the Soviet “peace” arsenal .—to line up Asia and Africa against the “war- Si che Wes Chinese Communists and to soften the West for political settlements that would air its alliances. As Mr. Khrushchev told the nese: "The struggle for peace, for peaceful a dntence, is organically bound up with the Teyojutionary struggle against imperialism. It Weakens the front of imperialism, isolates its More aggressive circles from the masses of the | people and helps in the struggle for national ) libepation."” The West is warned. i Barthermore, the treaty itself ean be abro- galéa if “extraordinary events’ jeopardize “the supteme interests” of any of its signatories. The Rusijans insisted on this reservation, over 2 aeeker definition proposed by the West, as obvious safeguard against nuclear armament m4 other. pow rs. They may have Germany. in “anid and certainly they are concerned to very little? Is it not a game that every country is playing with every other? A game that nobody can win? A game that isn’t worth the effort? Adjusting to Automation The United Steelworkers of America and the employers with whom it deals have again dem- onstrated that collective bargaining can produce constructive answers to the problems of techno- logical change without tests of economic muscle or Government coercion. The contracts just Teached by the union and the major aluminum Producers represent an imaginative extension of the progress-sharing principles embodied in the Union's agreements with — the steel and can ee All the aluminum workers—not just those With long seniority—will qualify for 10 weeks of vacation every five years, with 13 weeks’ pay to help them enjoy their sabbatical. Fringe bene- fits will also be liberalized, but there will be ho increase in direct money wages. The changes are designed to give the workers a share in the benefits of increased productivity on a basis that Will expand total employment opportunities and avoid any increase in aluminum prices. The new contracts, coupled with those already Signed by the union through its joint Human Relations Committee in basic steel and its long- range committee in Kaiser Steel, ought to serve as a spur to the deadlocked negotiators in the Nation’s' railroads. The guidelines for a sound agreement have been laid down by two Presi- dential commissions, created only because of the atrophy of the bargaining process in this pivotal industry. ‘ Any formula Congress approves for barring a rail strike through legislative compulsion will set a damaging precedent. The month-long truce agreed to by the railroads provides a last oppor- tunity for the unions to demonstrate that their Concept of bargaining is not summed up in the Single word “no.” Up to now they have been gambling on the proposition that the Government will continue to retreat in the face of their obduracy, and that finally they can extort a settlement that will saddle the carriers with thousands of unneeded jobs. The trouble with this venture in brink- manship is not only that the gamble involves a strike in which the economy would be the chief victim but that a “victory” for the unions would jeopardize all job security by pushing the ‘railroads closer to bankruptey. This is the lesson the disastrous 116-day strike of 1959 taught both sides in steel. DP sorcreately, about there is mo sign yet that the railr ape : » Topics x =e e came a brief Diving note the other day from to Tidy the Sudan, where for a Up month a team of sci- entists had been living deep in the Red Sea in watertight villages containing such home com- forts as air-conditioning and tele- vision. The wife of Jacques-Yves Cousteau, French explorer, diver and head of the group, would go below and would tidy up the place a little, This item was received with cooing sounds the world over, for as half of the world’s adult population chooses to believe, no man is capable of even emptying an ash tray, either on the surface or 45 feet down under. The cooing changed to a higher, triumphant pitch as the next day or so went by, with images becoming more lifelike of a tired, wan Mme. Cousteau working her fingers to the bone with the carpet sWeeper, while he just sat around, probably ogling mermaids. Half the World’s adult population had the time of its life pointing out alleged similarities between itself and the Cousteaus, while the other half tried to. think of other things, hoping that eventually the noise would quiet down, There is in all news- paper work a trade ex- pression called the fol- low-up story. This means that what is re- Ported upon today will also be Watched closely tomorrow, for what- eVer new, relevant happenings that day may bring. Those newspaper- Men of the Sudan are superb repre- Sentatives of their craft, and no SOoner did Mme. Cousteau break Surface after her trip below than they were asking her questions. Im- Mediately, a large, furry cat was let 9ut of the bag. She had gone to the Underwater village to celebrate with her husband their 26th wedding an- Actually for a Party | Riversary, and nothing further was Said about tidying up, All about the World the cooing that had changed to a higher, triumphant piteh died Suddenly to a frozen silence. All about the world the other half that had tried to think of other things Uttered a yelp of complete and pure delight. Down many a long and Weary year, this half always has Contended that the other, while fasual about tidying UP, could be Counted upon to plunge through ‘Sither hell or high water in order to Teach a party, in particular an anni- Versary party. Here was Mme. Cous- teau, not only plunging, but with the high water recorded in actual feet. Tt is clear that only ae pet of the world is he last word on ee an incident. Letters to The Times Physicist Backs Test Ban Selove Declares Agreement Is in Interests of Both Sides The writer of the following ts professor of physics at the Uni- versity of Pennsylvania, To THE EDITOROF THE New YORK TIMES: As the test ban negotiations move ahead beyond initial agreement, it is strange to see the reluctance, if not opposition, to make such an agreement shown by some members of this Government. It is encouraging that a large number of Senators have joined in the remarkable Humphrey-Dodd resolution in support of an air- space-water test ban, and encourag- ing also that so highly informed and influential a Representative as Chet Holifield has indicated his feeling that such a ban should receive sup- port, = Why is there any question as to whether such a ban is in the inter- ests of the United states? I believe the opposition is due primarily to two mistaken attitudes. First, there are those who belieye that this coun- try can better achieve security by further nuclear weapons develop- ment rather than py “trusting” the Soviet Union to aqhere to the air- space-water ban, This is a gross mistake. Wor one thing, no “trust” is necessary. More important, no foreseeable development (at least in the next decade, ag far as can now be seen) will change the ability of each of the two nuclear giants to utterly devastate each other. Orbiting Bombs Indeed, if nuclear tests of large weapons continue we would prob- ably move closer ¢g Herman Kahn’s “doomsday” Maepines — perhaps with each side working toward or- biting bombs of hundreds of mega- tons. A very few such bombs from CoN. orbit could be used to set fire ‘to the entjre eastern coast of this country. ye have the judg- ment of Secreta; McNamara that no really effectiy, anti-missile de- fense is visible, and We can expect that prospect to pecome stronger with the passage of time, The second Mistake made by op- ponents of @ test pan has to do-with simple distrust of the other side. The question poseq i5 essentially the following (and cgyjd be used by So- viet opponents of g test ban as well as by our own): Why shoulda the “other” side wan; @ test ban unless it is to their @dvantage, and conse- gitently, it a implied, to our own disadvantage? The mistake hee is to think that a test ban can be or Must be to the: life and his honor to be used to the best moral interests of his country. Your view [editorial July 17] would deny. him any moral dignity of his own. Segregation is morally wrong, and any citizen, military or other- wise, has the right and the moral obligation to make known, even by demonstrating, his views in refer- ence to it. If the Brown Shirts ang the Ger- man regular army and the German citizens had taken to demonstra- tions, rather than bowed to accepted immoral tradition, perhaps the cost to European Jewry would not have been so devastating. Historical prec- edent and honored tradition have their place in society, but they should not be above the individual's right publicly to make known his own moral standards. I would have thought The New York Times would have been the first to defend such rights and obli- gations, JOSEPH COLLINS. Rhinebeck, N. Y., July 18, 1963. Administration Proposal Declared No Cure for Present Gold Outflow To THE EvITOROF THE New York TrMes: The Times is to be congratulated for having immediately pointed Out [editorial July 19] the dangers of }the Administration's proposed tax on American purchase of foreign securities. These dangers have Not heen eliminated by its more recent proposal to exempt new Canadian issues. Indeed, the Canadian exeMp- tion dramatizes how completely arbitrary this kind of currency regu- lation and manipulation is sure tobe. When the niceties are stripped away, the proposed tax is a form of exchange control, defined as an ef- fort by Government to limit and to restrict the use of its own currency. Such restriction on foreign trans- actions was widely practiced by Nazi Germany and is the stock in trade of all totalitarian regimes. It is the entering wedge for other types of control over the domestic economy. The President wants the tax in order to stanch the outward flow of American investment dollars which is augmenting the deficit in our balance of payments, But the proximate cause of this outfloW is that United States interest rates @ve lower than in many other countties, which both encourages United states citizens to buy foreign securities 8nd likewise encourages foreign om- panies to float their securities in our markets on easy terms, It is notable and regrettable that the President has Ro ae Taxing Foreign Securities | Founding Fathers’ Intent ' ——— | Citing 18th Century Leaders in Support of Religion Disputed The writer of the following letter is Minister of Education for the First Church in Boston, Unitarian. To THE EDITOR OF THE NEW YorE TIMES: The current debate on your edi- torial page about the intentions of the Founding Fathers in drafting, enacting and ratifying the “‘establish- ment of religion” clause of the First Amendment discloses more about the condition of American religion than it does about the historical problem of whether the clause was intended to apply to the establishment of a national religion based upon an “‘es-- sential consensus respecting God, man and the moral law.” Especially revealing is the zeal with which Christian leaders, lay and clerical, have clasped the Founding Fathers to their bosoms as upholders of this “essential consensus.” _No matter. how much we should ike to re-create our Revolutionary saints in our own image, historical facts cannot be ignored without en- dangering both our honesty and our sense of history's vicissitudes. Re- cent research indicates that John Adams, Jefferson, Washington, Paine, Madison and Franklin were deists. While they differed on par- ticular points of doctrine, they agreed that, in Franklin’s words, “there is one God; who made all things,” and that “the most acceptable service of God is doing good to man.” In short, the religion of the most eminent Founding Fathers was based largely on Genesis i, 2 and Matthew iv, 7. The deist position is clearly embodied in Jefferson's Declaration of Independence, where he refers to “the laws of nature and of nature’s god.” Deist Theology A comparison of the essentials of deist theology and the doctrines of Judaism and Christianity shows that the West's two great religions have properly regarded deism as their enemy. For, as expounded by most of its followers, deism denies the possibility of a covenant and of a savior. Ican but marvel, therefore, at the industry of Christian leaders in find- ing champions in the Founding Fa- thers and in treating their religious testimonies as if anchored in the bedrock of theological orthodoxy. If we ave to believe that America’s “essential consensus” is embodied in the ideas of Jefferson and his friends, we must admit this nation is not and never Bind heen rooted in cof curing] the tisn tradition _ break the ‘‘white” = also mean France, busily building its own nuclear *. force. President Kennedy is trying to persuade Presi ~sYdent de Gaulle to adhere to the treaty, but “= 'guecess is unlikely unless France, an acknowl ™ edged nuclear power, is put on a par with Britain gnd supplied with the same nuclear information we now give the British. If we did so, the pur- --pose would not be to “cause, encourage or partic- <> ipate in” further French tests, which is forbid: ai den_by the treaty, but to make such tests ~Sunnecessary without hampering France’s nuclear “~ development. French adherence to the new pact might prove “a preliminary to agreement by France to join “in building a NATO nuclear force and to restore '. Western solidarity. That is still an essential > sdfeguard of peace. a The Art of Spying ~ Do not implicitly trust anything you read MELE Hy eee enwnz TT, about spies and spying even if the source is im- ___péceably official. By the accepted rules of the * game, government statements may be deliber- “;-ately false in order to mislead “the enemy.” But, #s.0f course, they may be true. Naturally, truth is sv often very confusing. The layman can be excused for ruminating in this fashion as he reads his morning newspaper. _The cast of characters needs a Dickens or a _. Dostoievsky (not a historian, of course) to do sicjustice to the parade of diplomats, scientists, «i jowrnalists, homosexuals, prostitutes and—best of all—intelligence agents who betray their out- fits and their fellow spies. Nothing could be more devious or fascinating than a double agent. as At least, it is comforting for the layman to » contemplate the bungling and blindnesses of the .« Professionals. Devotees of the whodunits surely could do better. Trained by Eric Ambler, Georges ‘sSimenon and Ian Fleming, they would never haye “permitted a Bay of Pigs invasion; a successful . Christine Keeler; a fantastic 10-year career of ‘ex;Nazi German intelligence officers providing <ethe Russians with 15,000 photographs, 20 spools of tape and many a secret of the West Germans "and NATO. Not that the Russians should boast; - ‘they had Penkovsky. = Byven though the real spy cases may be + stranger than fiction, you don’t get the solutions “as you do in the thrillers, Nothing could be more fascinating than the stories of the British Sjournalist H. A. R. Philby, or the Swedish Air “SFrorce Col. Stig Wennerstrom; but at their most qnteresting points the volumes are snapped shut a put away in secret places where even in- telligence chiefs, like characters in a Kafkaesque “tale, probably cannot find them. “- The outsider must be forgiven for believing _that any time any government wants to arrest ee expel X-number of spies, it digs into its files and comes up with the requisite quantity. SWhen spies are under surveillance they are, “ambeknownst, spying for the country they are »spying on, The most dangerous spies of all are, a be sure, the ones who are never caught. There a nothing that the C.LA., MI-5, K.B.G., Sureté “and all the other intelligence and counter-intel- ligelice organizations can do about them. . Is it not possible, in fact, that all this es- pionage and counter-espionage; all these agents and double agents, intelligence officers, counter- intelligence officers, plots and paraphernalia from infinitesimal microphones to beds, add up nuclear monopoly. They may, mibte, theip own, and fiddlers, the grass katydids. Grasshoppers are spoken of in the Bible as “locusts,” and their hordes have contributed in many lands, including our own West, to the long history of insect devastation and human famine. Walk through any meadow now, or along any weedy roadside, and you will see them leaping ahead of you, hear the rasping rattle of their harsh wings in brief flight. But they do little real fiddling, The fiddlers now are the crickets. Listen on any hot afternoon or warm evening, particularly in the country, and you will hear the crickets even though you seldom see them. In the afternoon you will hear the black field crickets, chirping as we say, and often into the warm evening. But in the evening, from dusk on through the warm night, the more insistent sound will be the trilling of the pale green tree crickets. Individually the tree cricket's trill is not so loud, but because all those in the neighborhood ills the sound can be 4s insistent as were the calls of the spring peepers Atlanta’s Mayor Speaks On rare occasions the oratorical fog on Capitol Hill is pierced by a voice resonant with courage and dignity. Such a voice was heard when Mayor Ivan Allen Jr. of Atlanta testified before the Senate Commerce Committee in sup- port of President Kennedy's bill to prohibit racial discrimination in stores, restaurants and other public accommodations. On the basis of the very substantial accom- plishments that his city of a half-million, the largest in the Southeast, has made in desegre- gating publicly owned and privately owned facili- ties, he might have come as a champion of “states’ rights” and of the ability of localities to banish discrimination without Federal law. Certainly, he would have had much more war- rant to espouse that view than the Barretts, the Wallaces and the other arch-segregationists who raise the specter of Federal “usurpation” as a device for keeping Southern Negroes in subjection. 5 But Mr. Allen was not in Washington to boast. He was there to warn that even in cities like Atlanta the progress that had been made might be wiped out if Congress turned its pack on the Kennedy- proposal and thus gave implied en- -dorsement to the concept that private businesses were free to discriminate. He left behind this charge to finish the job started with the Emanci- pation Proclamation a century ago: “Now the elimination of segregation, which is slavery’s stepchild, 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.” The Fiddlers The long-legged, rasp-winged insects now come we won't hear the last of arrives. They are the leaping hoppers, the crickets and the synchronize their back in April. The loudest fiddlers of all are the katydids, which look like green, hunch-backed grasshop- pers. Night after night they rasp wing on wing and make that monotonous call, shrill and seem- ingly endless. But the katydids won’t be heard for another two weeks or 80. Meanwhile the erickets possess late July, chirping and trilling the warm hours away as though summer endured forever, and 10 15 LOL LUNE Daw which is accustomed to getting it. Whether the other half will learn anything from the incident is doubt- ful, of course, because a setness of way began a long time ago in a cer- tain garden, a snake and apple being present, But it is July now, and throughout the world there are thousands of summer bachelors. To hear those who are away talk about it, these bachelors, having made a novel of the house, are continuing to live begrimed lives, surrounded by overflowing ash trays, inch-thick lint on the rugs, unwashed dishes mounded high in the sink. Every- where are the sisters of the Mme, Cousteau of the first-day story, who say they are going down to tidy up the place a little. Do they? A’ party, particularly Come an anniversary party— as that becomes another Guests Matter. Although it can- not be proved, of course, it may be assumed that quite pos- sibly M. Cousteau—with his eye on scientific affairs—may have failed to remember the anniversary until reminded by ocean-floor-to-shore telephone, This has happened, and that half of the world to which it has happened has a sympathetic pic- ture of him darting out to cool the wine in some far subsurface cave, on the way home cutting clusters of sea flowers for the table. Summer pachelors know something further, and since this is the last day that nalf of the world gets the last word, Jet it. be set down so. It's dollars to doughnuts M. Cousteau himself cooked the meal, from shrimp cock- tail with plankton sauce to whale gteak A la mér rouge. When they ‘do drop in, it is not to tidy up, as the first-day story has it, but to attend a party, witness the follow- up- "AS guests, of course, as half the world Well knows, EMERALD ISLE qruly this isle is green, though heather and gorse wreathe its rolling fields moderate rainbows; hough where the land is low, the endless moors Rol! out mahogany earth; though nature raise Most Silver barriers with all the | rocks of Ireland against the sparkling air. And gray mne sheep, all summer unattended, relax or clamber without effort on their lonely And sustaining hillsides. Near the peat bogs, Where the early sun beats off the chill ‘of night, an errant donkey, forefeet Ged with rags, with y Brays at the Irish morning pe animal pyotest against life’s cruel curtail. ments, And comprehending no guilt. cries | Newark Penitence. Lopa DUNETZ. of the other side. The fact is that a test ban is in the interests of both sides, Not only as a step toward other tension-reducing measures, and not only for economic reasons, but because neither side can achieve security by its efforts alone. A test ban will probably contrib- ute to the understanding of that fact by both Governments and both peoples. It could indeed be a major step forward toward sanity. Public polls show that the United States public understands that fact. The test ban needs and should receive the same strong support from the Senate. WALTER SELOVE. Havertown, Pa. July 25, 1963. Weaning Cuba Away To THE EmtToror THE NEw York TIMES: It is good when The New York Times suggests the wisdom of “a more relaxed felationship’ with Cuba, as you did in your July 19 editorial “Coexisting With Cuba.” | I would think that an improvement in our attitude about Cuba and our actions toward her would inevitably bring about a decrease in Soviet in- fluence there and have Cuba back with the other American countries. ' As a small stockholder in one of the companies inVOlved in the Cuban “take-over,” I do Not find my com- pany very much concerned or its Cuban holdings Very much of a fi- nancial issue. S0Me-reimbursement would probably b© made by Castro if the United States Government worked on the métter under “a more relaxed relationship.” What you have Suggested in your editorial would sem a first step toward the United States regaining its position In Cuba and Soviet with- drawal. CHARLES H. ALSPAcH, Croton-on-Hudson)N.Y., July 19, 1963. es =) Demonstrating in Uniform To THE Eprror or THE New York TIMES: Followed to if8 logical conclu- sion, Defense Secl®tary McNamara’s directive on sefYicemen and civil rights demonstrations would bring to our armed STvices the same spirit, restraint 224 blind “I-follow- orders” obedienc® that permeated the German Army during Germany's “Jewish trouble.” / A man may vollteer to serve his country. By so 4g he offers his American interest rates to rise, a Unemployment’s Cause On the contrary, the President states that such a rise in long-term rates would “throw our economy into reverse” and increase unem- ployment. His reasoning may be doubted. The persistence of unem- ployment in the United States is due to continuing upward pressure on wages, to misguided efforts to hold “minimum wages” at artificial ley- els, and to extortionate corporate and progressive income taxation which the Administration’s proposed domestic tax program will do little or nothing to cure. If Washington wishes to promote further economic expansion and at the same time right the United States balance-of-payments tion, it must abandon its blind faith in easy money and deficit spending as a cure-all. ie" The proposed tax on American purchase of .foreign securities will not restore’ faith in the American dollar, the lack of which is at the root of our difficulties. It is a sign of continuing weakness, not of strength. It is also, as The Times points out, a blow against develop- ing a true international order where currencies must be fully convertiple and free. On international no less than do- mestic grounds Congress should vote the proposal down as a dangerous statist measure. JOHN DAVENPORT, New York, July 23, 1963. / Worthier Goal Than Moon To THE EpitoroF THE NEW YORK TIMES: A leading space scientist was re- cently asked: “Is it worth 10 billion dollars to put an American on the moon?” He replied: “Possibly not. But it might be worth that as a national goal.” Surely there are much more worthy and urgent projects on ea;th in which our citizens would unite. General, human welfare is an agp- pealing and challenging national goal that for life, liberty and the pursuit of happiness as well as for world prestige far surpasses @ moon shot. George T. Scorr, Upper Montclair, N.J., July 24, 1963. posi-) reading in the public schools ex- tracts from the religious writings of the Founding Fathers, Christians who believe that they are thereby preserving our “spiritual heritage” had best recognize that their device for circumventing the Supreme Court also undercuts their own doctrines. The confusion in the minds of so many Americans concerning the ten- ets of their own religious traditions and the beliefs of our 18th century leaders suggests that the total sepa- . ration of church and state is long overdue. As Madison wrote, ‘The tendency to a usurpation on one side or the other, or to a corrupting coalition or alliance between them, will be best guarded against by an entire absti- nence of the Government from inter- ference in any way whatever, beyond the necessity of preserving public order, and protecting each sect against trespasses on its legal rights by others.” ROBERT W, HANEY. Boston, July 22, 1963. Immigration Proposal To THE EDITOR oF THE NEw Yorke TIMES: The belief that immigration under President Kennedy's proposed new immigration law will be limited to 165,000 persons a year is inaccurate. Under the proposed law, there is to be unlimited immigration from such places as the West Indies, Mexico, Haiti, Latin America and the Western Hemisphere, In contrast to this special privilege granted to these countries, the only limitation is on European countries, and there- fore there is no reason why prac- tically the entire populations of some of the Latin and Caribbean countries may not eventually immi- grate here, in accordance with a growing trend, Previous reform bills introduced by former Senator Herbert Lehman and Representative Celler proposed to eliminate these special privileges for Western Hemisphere countries and put every country on an equal basis, but President Kennedy’s bill isnot one of these. ALBERT MAYER, Chairman, Immigration and Natu- ralization Committee, Federal Bar Association of New York, New Jersey and Connecticut. New York, July 25, 1963. ee Offices and Subscription Rates of The New York ' OFFICES OF THE SEW YORK TIMES SMITHTOWN, ©. T..........0...49 West Main st, New York City..... iene Lackawanna #1000 | STAMEORD.........>-..Advertising, 19 River st. Main office... : “qrimes Bldg. o09 w, 43 St. (38) Bie tS Press some ba Yee... 1457 dway (36) vA Ssivicele ewaietee eres = WN. We Times Square Office ean & ind) | WHITE PLAINS....+s-.sos-s--.-se 175 Main x —— — ALBANS cascussan cleat P35 Room, State Capitol | arGIERS....... 60.0.5 .05 de Pa ATLANTA: ... 00s News, Gi? of The Constitution; | BE sit A at Gee Advertising. “85 Peachtree St...N. 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Daily and Sunday ....-..555.00 $30.25 $16.58 Weekdays ~ 26.00 15.40 840 tig ih ie lo et eae 14.85 8:10 Rates to Other Countries on Request. The New York Times also distributes a West- ern Edition’ weekdays from Los Angeles, an International Edition weekdays from Paris, and a Weekly Review fram Tokyo, Manila and Mol- bourne. It also pubilshes a bound volume, & Microfilm edition and an Index, The Associated Presr is entitled exclusively to the use for republication of alt news dispatches credited to It or not otherwise credited In this Paper and local news of spontaneous origin pub- ished herein, Rights of republication of all other matter herein are also reserved,  Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Box 17, Folder 14, Document 21 Box 17 Box 17 Folder 14 Folder topic: Civil Rights Bill | 1963 https://ivanallen.iac.gatech.edu/mayoral-records/traditional/files/original/6f7913d9a1055e7bfb030c5aeef82565.pdf 2f95f88ccfa8164314c6efcc04e3720f Scripto Transcription A written representation of a document. � Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Text Any textual data included in the document  Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Box 17, Folder 14, Document 20 Box 17 Box 17 Folder 14 Folder topic: Civil Rights Bill | 1963 https://ivanallen.iac.gatech.edu/mayoral-records/traditional/files/original/3470448ce711d73393ebb5a3ce4f8866.pdf ab25922f15982eb8552df6a06682d2ac Scripto Transcription A written representation of a document. U N ITED STATES SENATE COMMITTEE ON COMMERCE • - f •('.'l •,11,,,,..-,.._, .....,1 OFFICIAL BUSINESS aIR AIL special Delive y UNITED STATES SENATE PUBLIC DOCUMENT FREE Honorable Ivan All en Mayor of Atlanta Atlanta Georgia ' � Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Text Any textual data included in the document UNITED STATES SENATE COMMITTEE ON COMMERCE 2). ae OFFICIAL BUSINESS. ~  Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Box 17, Folder 14, Document 19 Box 17 Box 17 Folder 14 Folder topic: Civil Rights Bill | 1963 https://ivanallen.iac.gatech.edu/mayoral-records/traditional/files/original/194ea3927591e283b72e6acb06545f8b.pdf 97fd32b197278837d3805bb0cbafc851 Scripto Transcription A written representation of a document. ATLANTA,GEORGIA I v an. It is my humble opinion that the National press has a good horse in you and might just try to ride you to death. • • • Don 't l e t the m pai nt you (or the s i tuation) othe r than it a b s o l ute ly i s , a s it will hurt you and w ill probably hurt the bill if they make you and Atlanta appe ar to be so far out of ste p w ith every o ne e l se . Yo u are a p r o g r essive m o de r a t e , realistica lly facing issues !! Ann FORM 25• 6 � Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Text Any textual data included in the document ATLANTA, GEORGIA From nn Duemmond ivaliy i « It is my humble opinion that the National press has a good horse in you and might just try to ride you to death... .. Don't let them paint you (or the situation) other than it absolutely is, as it will hurt you and will probably hurt the bill if they make you and Atlanta appear to be so far out of step with every- one else, — You are a progressive moderate, realistically facing issues! ! Ann FORM 25-6  Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Box 17, Folder 14, Document 18 Box 17 Box 17 Folder 14 Folder topic: Civil Rights Bill | 1963 https://ivanallen.iac.gatech.edu/mayoral-records/traditional/files/original/c72ac19574ad986b83589a7f8b9268d0.pdf c6b0715369e3a18ed4d80ec3f8a47856 Scripto Transcription A written representation of a document. Jle ugty" Chicago, J uly 26, 1963. Striking at Bias 1til ,v i- Varied Powers of Congress to of . En force CivH Ri ghts Cited a's ~u- I T he writer of the f ollowin g i~ lild H a~iilton F i.sh Prof es_ s or of Inter mt nat i onal L aw and D i plomacy and lOt Pr of essor of L aw, Columbia Un iver - l l's sity. er ?Y T o THE EDITOR OF Tm: NEW YORK T IMES : So much of the discussion of the proposed civil r ights legislation ap[Y pears to ask which is the proper is . constitutio·nal provision to be int- canted in suppor t of legislation out·r lawing discrimination. Surely, the question is rather in what respects ra cial discrimination is properly the is concern of Congress under the Constitution. The concerns and powers r of Congress, moreover, are cumulative, not alternative. A deter mined Congress could strike at important segments of racial ·discrimination with ·the far reaches of its defeni,e powers (for _ example, discrimination which hame pers the defense ·effor t ) ; its for eign affairs power (for example, .discrimr ination which affects our foreign reO la.tions, at least discrimination s against diplomats) ; its spending d power (fo r example, discriminat ion a by bodies or agencies which receive Federal funds) . There are also the powers of Congress t hat have been discussed. Of course, Congress can outlaw discrimination in interstate commerce, or which affects interstate com· merce. Publlo- Authority's Complicity Congress can, in addition, pursuant to the 14th Amendment, strike a t discrimination for which the state is r esponsible, and at the widespread complicity of public authority in private discrim ination. It may be possible to · draft a provision outlawing discrimination for which the state is reiiponsible, perhaps even leavi~g It t o t he courts to determine later where the 8t ate may properly be 1 held responsible. Congress could also forbid state and local officials to r equire, proe mote, encourage or enforce racial discrimination. In r egard to places of public accommodation, I am confident that s the Supreme Court would uphold an act of Congress which forbids local B judges and local police t o enforce ' discrimination , for example, through s trespass prosecut ions. These prohibi- tions on the acts of local offi cials could be enf orced by criminal pens alty, by injunction, by suits for monf etary damages. It is not either one power of Congress or another, nor a matter of in- canting several. The various powers of Congress can support various prof visions adding up to an effective civil rights act. Lours HENKIN. New York, July 2ti, 1963. a- i ~ a .. h i � Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Text Any textual data included in the document  Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Box 17, Folder 14, Document 17 Box 17 Box 17 Folder 14 Folder topic: Civil Rights Bill | 1963 https://ivanallen.iac.gatech.edu/mayoral-records/traditional/files/original/8913d6648b4dcbc4629579e9e79a1026.pdf d2aa92486baf08f0f2f9c5d5bc77f2b8 Scripto Transcription A written representation of a document. l~------~--T_V__ •_R_a_d_io=---_•_C_o_,_n_i_e_s_________1_s__ 11?:W&-¼tf@rJ:ift~::;\Wi1iJ£lf.f.f~miwl:'ii~f.H:,,=:@.tt?:1:rnm~~m'~1@~tit1/Jj;~m:~,g0».:2Fltt'.'.:t:,,&ii Iifi Re,p orting• From The World ~) • •T C-TV• ' Ill Of Telev1s1on and Radio I @ ~ Mel Torme .f~W$W.:l:\tr¾-{::'i:\1'!'.~?:i~iif1'.l?':::;@if;:,'t?@;rn:?:::~Hf:tiiii::!i:=irnrn=;:Jf:@':::rw=;r::1:~:l'.~:1-:w.=rn=~r::;:=?ti~~,x:.@~At;,:1n,l\ peal) eles, !owes, Pat Civil Rights' 2 Faces: Madonna Marcello Confrontation on ABC luests. \the Italian guests. l mbskulls lary. Fn Show \OPe tedlscovered Bullpen '.iamt ISIIOS in Nowmon ohv Marlin . M. ~ughes ~kFonl Show II Muelle Fro Cooper 'om ,' Dick Wyatt II Show . the Rogers, Io's Lorre, e of !he =other ti e r \nev irald lne Son,' av ,.s 5.1 ,.7 1.5 1.3 1.5 id at ds .rstor · " an rid By John Horn Govs. Orval Faubus of Arkansas and George Wallace of Alabama, former Mayor William Hartsfield of Atlanta, Ga., and the Rev. Dr. Martin Luther King jr., founder and president of the Southern Christian Leadership Conference,' will be among those interviewed Aug. li on "Chronology of a Crisis," first of fiive ABC-TV half-hours on civil rights (Sundays at 10:30 p.m.). The ABC-TV series, "Crucial Summer : The 1963 Civil Rights Crisis," announced last week, will be the first network airing of the nation's dominant domestic issue. A three-hour NBC-TV special J on the subject, announced rl, Monday, will be telecast -r Labor Day. l The first ABC-TV program t will be a review of major and significant events of the civilrights story in the United States, especially since the end of World War II. Filming ls continuing in Atlanta, qa.; Clinton, Tenn .; Jackson . Miss. ; Little Rock. Ark.; Montgomery, Ala., and New York City and other areas . Others who will appear on the series are Auther!ne Lucy, first Negro at the University of Alabama; Mrs. Dasy Bates, NAACP leader in Little Rock; Rosa Parks, of Montgomery, who refused to yield her bus seat to a white woman; William Simmons, leader of the Jackson Citizens Council, and Atlanta Constitution publisher Ralph McGiU. Opinion is expected to range from segregationist to lnte- 1 gratlonist, not excluding· the t equivalent of the fabled Mrs. b Murphy, small Southern bus!-' d ness woman. .:fll The fourth prog1·am , on rn Sept. 1, will include coverage V of the planned march on Washington and a review of President Kennedy's civilrights legislation. Ron Cochran is anchorman, with John Rolfson and Roger Sharp heading a traveling corps of ABC news ' correspondents. The producer is Bill Kobin. > > « « l 'Press and Race Issue, An hour program on press , television and radio handling of the race is sue will be telecast on CBS-TV Aug. 21 (7:30 to 8:30 'P , .mJ. The program, .The Press and the Race Issue," will include a discussion of Southern and Northern press ·charges and countercharges moderated by Dea·n Edward Barrett of the Columbia Universiti)'s Graduate School of Journal- ism. Participants will include Grover Hall ir., editor in chief of the Montgomery, Ala., Advertisel'; James Kilpatrick ir. , editor of the Richmond, Va ., News-Leader, and CBS News president Ri chard S. Salant. > > t � Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Text Any textual data included in the document TV e Radio e Comies 15 T ‘C-TV" 5 r Mel Torme luests, the Italian epeat) eles. fowes, Pat quests, Madonna Marcello imbskulls ‘glary. en Show ope tediscovered Bullpen Some iglas tin Newman shy Martin ~ M Talk ow ‘ary. Fond dughes Show Il Muelle! ‘om Fro Cooper r Dick Wyatt Il Show nthe Rogers, to's Lorre, 1 ‘of the” roll Father tle fer Iney traldine Son,’ ay Reporting From The World Of Television and Radio rl Civil Rights’ 2 Faces Confrontation on ABC By John Horn Govs. Orval Faubus of Ar- kansas and George Wallace of Alabama, former Mayor William Hartsfield of Atlanta, Ga., and the Rev. Dr. Martin Luther King jr., founder and president of the Southern Christian Leadership Confer- ence, will be among those in- terviewed Aug. 11 on “Chron- ology of a Crisis,” first of fiive ABC-TV half-hours on civil rights (Sundays at 10:30 p.m.). The ABC-TV series, “Cru- cial Summer: The 1963 Civil Rights Crisis,” announced last week, will be the first net- work airing of the nation’s dominant domestic issue. A three-hour NBC-TV special on the subject, announced Monday, will be telecast Labor Day. The first ABC-TV program will be a review of major and significant events of the civil- rights story in the United States, especially since the end of World War II. Filming is continuing in Atlanta, Ga.; Clinton, Tenn.; Jackson, Miss.; Little Rock, Ark.; Montgomery, Ala., and New York City and other areas, Others who will appear on the series are Autherine Lucy, first Negro at the University of Alabama; Mrs. Dasy Bates, NAACP leader in Little Rock: Rosa Parks, of Montgomery, who refused to yield her bus seat to a white woman; Wil- liam Simmons, leader of the Jackson Citizens Council, and Atlanta Constitution pub- lisher Ralph McGill. Opinion is expected to range from segregationist to inte- grationist, not excluding the equivalent of the fabled Mrs. Murphy, small Southern busi-~ ness woman. The fourth program, on Sept. 1, will include coverage of the planned march on Washington and a review of President Kennedy's civil- rights legislation. Ron Cochran is anchorman, with John Rolfson and Roger Sharp heading a traveling corps of ABC news corre- Spondents. The producer is Bill Kobin. € < > > “Press and Race Issue’ _ An hour program on press, — television and radio handling of the race issue will be tele- cast on CBS-TV Aug. 21 (7:30 to 8:30 9, .m). _ The program, “The Press ‘and the Race Issue,” will in- clude a discussion of Southern and Northern press charges and countercharges moder- ated by Dean Edward Barrett of the Columbia University’s Graduate School of Journal- ‘Participants will include Grover Hall jr. editor in chief of the Montgomery, Ala., Advertiser; James Kil- patrick jr., editor of the Richmond, Va., News-Leader, and CBS News president Richard S. Salant. el > » 1 t h d fi m™ vi ——*  Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Box 17, Folder 14, Document 16 Box 17 Box 17 Folder 14 Folder topic: Civil Rights Bill | 1963 https://ivanallen.iac.gatech.edu/mayoral-records/traditional/files/original/8c08d40d68e65a4c82b84a6f07fe5fbd.pdf 8ee0421f516a464eb06e69b3a23f09b7 Scripto Transcription A written representation of a document. To Mayer A1lea From,_ OFFICE MEMORANDUM --R<BiH1+1-1-H1ae,iw:wlHafAll4..__- - - - Date_ _ _ J...,,-1,..,- 3-1,_,=--¼1-96-31--- - A yery pertlaeat c-..eat •n the rele •f C.a1reas i• civil ies~tcc ripta � Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Text Any textual data included in the document  Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Box 17, Folder 14, Document 15 Box 17 Box 17 Folder 14 Folder topic: Civil Rights Bill | 1963 https://ivanallen.iac.gatech.edu/mayoral-records/traditional/files/original/14bd7c1f93f9652a9cd1510176a6677e.pdf ae00eb02f0a8f5a9b1bb3a91db203c2b Scripto Transcription A written representation of a document. Mayer Allea To._ _____________ OFFICE MEMORANDUM Hewla•• From ___Bill ________ _ July 31, 1963 Date _ _ _ _ _ _ _ _ _ _ __ Here is seae ••re iafe ea tile AB: -TV series ea civil ripta • Tau seUlllla lite a ,retty sell.&, 1tetll aiAles ,ecuaeatary J•~ • By ceatrast , tile Preaa •• Race .\saam Issue aclle4u1e, fer CBS TV• Ausust 21 aeeas lea,ea ea tile ~actwan leeti.111 aiae -- Gaaaczlietl Grever Ha -11,Jr., •• Jaaea Kil,atrict ,Jr., are aetll 4ie llar, •e1re1atieaists au C.aEe4erates. Tl,.,.E • LIFE• FORTUNE• SPORTS ILLUSTRATED• ARCHITECTURAL FORUM• HOUSE & HOME � Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Text Any textual data included in the document  Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Box 17, Folder 14, Document 14 Box 17 Box 17 Folder 14 Folder topic: Civil Rights Bill | 1963 https://ivanallen.iac.gatech.edu/mayoral-records/traditional/files/original/25cc71c1ec6e3ceeefc0ac1839a50f0f.pdf 4ab1f3856a477468f70576766a07141b Scripto Transcription A written representation of a document. nent at there reorld. e is t, (' may ether mght heth. ator ! than iehind ly no. LE. with ition f the ' the y of the w tiethe whent: wide n come i - PRU Herblock In The Washington Post At nedy'" minol "It's not only the committee room-the whole country is being packed with those damned American civil-righters." or l/' isnt ' would not have thought it n ee- I[pea ceful coexist ence] a nd cono>r essary to r ecall r" · _, ,., ;P..1.H-.. ~- •~ - -u,_ · - ·~ e those " 2 tr � Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Text Any textual data included in the document  Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Box 17, Folder 14, Document 13 Box 17 Box 17 Folder 14 Folder topic: Civil Rights Bill | 1963 https://ivanallen.iac.gatech.edu/mayoral-records/traditional/files/original/e65cdd0f154709b0ebd5e0977e03b050.pdf 32d4cec3af3ca0b5d1893d375604781b Scripto Transcription A written representation of a document. A TL A NTA , G E ORGI A From Betty Robinson tf./,, FORM 25 -7 j a I • ' � Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Text Any textual data included in the document y From Betty Robinson ey i. a\ v | ae bh th he Khene. V3, 07 eerie et  Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Box 17, Folder 14, Document 12 Box 17 Box 17 Folder 14 Folder topic: Civil Rights Bill | 1963