Box 17, Folder 15, Complete Folder

Box 17, Folder 15, Complete Folder

October 18 , 1963
Dr . Hugh S . Ge~ger, Jr .
1618 Thompson A venue
East Point, Georgia
Dear Dr . G ig r :
May I acknowledge rec eipt of your lette:r of October
14th together ith a copy of your letter to Congress man Weltn r .
I appreciat receiving yo\U' view
nd
you that Congre sman Weltner is fully c
' zant of
my position on S na. Bill l7 31 a he wa present
when I te tifi d b fore the Senate Commerce Committ e .
Sine r ly your ,
I
n Allen, Jr . ,
yor
1.AJr/br
CC : Congressman Weltner
�Octobe r 3, 1963
Hon. Arthur L . Selland, Mayor
City of Fresno
U. S. Conference of Mayors
1707 H . Street, N . W.
Washington, D . C .
Dear Mayor Selland :
I believe your inquiry of September 30th
regarding hmna.n relations committees can
best be answered by the attached testimony
which Mayor Allen presented to the Senate
Commerce Committee.
It is a very comprehensive synopsis of what
ha be n done in Atlanta.
Sine r ly youra,
Ann Drummond,
Executive Secretary
AD/br
Endo ure
I
�TELEPHONE :
298-7535
(Area Code 202)
Pre1idtnl:
L.
ART HUR
SE LLAN D
Mayor of Fresno
UNITED STATES C ONFERENCE OF M AYORS
1707
Vic, Pre1idtnl:
RAYMOND R. T UCKER
Mayor of St. Louis
H
STREET,
WASHINGTON ,
NORTH W EST
D.
C .
20006
lmmedUJu Pa11 Prt1ulen1:
RICHARD
C.
L EE
September 30, 1963
Mayor of New H aven
~ ~'\
Pa11 Pre1iden/J:
HAYDON BURNS
Mayor of J acksonville
RICHARD
J.
D ALEY
Mayor of Chio.go
ROBERT F. WAGNER
Ma}'or of New York City
T ru1tu1:
JOSEPH M. B ARR
Mayor of Pimburgh
Dear Colleague:
~J
J OH N ] . B UCKLEY
Mayor of Lawrence
STAN LEY W. C H URCH
Mayor of New Rochelle
LEWIS CUTRER
Ma)'Or of H ouston
C LYDE E. FANT
Mayor of Shreveporc
] AMES B . MCKINNEY
Mayor of Sacramemo
WA LTER H. REYNOLDS
Mayor of Providence
Attached to this letter you will find a brief informational questionnaire concerning the creation of human relations committees. We are attempting to find out as much as
we can about where such Committees are and how they are operating in order to be of service to many of our members who
are seeking to benefit by others' experience.
TERRY D . SCHRUNK
Mayor of Portland, Ore.
P.
A LEX
SMEKTA
Mayor of Rochester, Minn.
Advi1ory Board:
NEA L S. B LAISDELL, Chairman
Mayor of Honolulu
MERL E E. A LLEN
Mayor of Ogden
P. CAVANAGH
JEROM E
Mayor of Detroit
P. CELESTE
FRA N K
Mayor of Lakewood, Ohio
JOHN F. COLLINS
Ma)'Or of Boston
STANLEY
J.
D AVIS
Mayor of Grand Rapids
] AMES
J.
D WORAK
Mayor of Omaha
T HOMAS GA NGEM I
Mayor of Jersey Cicy
WJLLIAM
E.
G LYNN
Mayor of Hartford
HERMA N W. GoLDNER
Mayor of St. Petersbu rg
CHESTER KOWAL
Mayor of BuHalo
H E NRY LOEB
Mayor of Memphis
FRA N K F . MCDoNALD
Mayor of Evansville
HENRY W. MAIER
Mayor of Milwaukee
JACK D . MAL TESTER .
Mayor of San Leandro
GEORGE SHARROCK
Mayor of Anchorage
J AMES H .
J.
TATE
Mayor of Philadelphia
ALLEN
C.
T HOMPSON
As you know, the Conference resolved at its 1963 Annual
Conference to make information with respect to this matter
available to those members who request it. Steps have been
taken to insure that this service will be objective, confi dential and technically competent . A ten- member Mayors' Committee on Community Relations has been established und e r the
Chairmanship of Mayor Herman W. Goldner of St . Petersburg ,
Florida. This Committee has adopted a carefully worked out
program, of which this survey is a part, which will draw together background materials, make available cons ultants to
those who request technical aid , establish joint wor k i ng r e lationships on problems in this field with such g r oups a s
the International Association of Chiefs of Pol i ce , the Na tional Institute of Municipal Law Officers , and the Ame r ic a n
Bar Association . This clearing house t ype of se rv ice wi l l
be s uppor ted by a grant from one of the major f oundat i o n s
and wil l not involve the ex penditure of fund s paid to t h e
Mayors ' Co nference by membe r cit i es .
Ma y I s tress the point th a t thi s i s n ot a prog ram of
adv ocacy on the p ar t of t h e Conference b ut a program to provid e informa ti on, u p o n re ques t, to May o rs of member cities.
Mayor of J ack.son, Miss.
GEORGE VAN TASSEL
Mayor of Tuscaloosa
SAMUEL
w.
YORTY
Mayor of Los Angeles
Excc111ive Dire,1or:
JOHN
J.
Thank y ou fo r your coop eration on this survey, and
please l et me h ear f r om you with suggesti-Ons for Conference
of Mayors activity i n t h is or any other area of interest.
GU NTH ER
Sincerely yours,
~ r ~ e l l nd
Mayor of Fresno
President, Conference of Mayors
Enclosure
Survey Form
�U.S. CONFERENCE OF MAYORS
Special Survey
Human Relations Committees
Does your community have a human relations committee?
What is its official name?
When was the Committee established?
Is the Committee bi-racial?
Who appointed the Committee?
Did the City Council concur?
Did the City Council appropriate funds?
What was the charge to the Committee?
(If possible, attach copy.)
(If appropriate, please attach a copy of any Council
resolution or ordinance.)
How many members?
(Please attach a list of Committee members with their race
and occupation noted.)
Briefly describe problems or issues that have been considered by
the Committee.
Briefly summarize any recommendations made by the Committee.
(Please attach any puh ic reports.)
Briefly describe any actionu resulting from the Committee's recommendations.
How often does the Commitiee meet?
Does the Committee have any staff assistance?
Part time
Full t'ime
None
Additional comments:
Ci t y:
Name of official preparing Report:
Please return to:
U.S.Confer ence of Mayors
1707 H Street, N. W., Washington,D.C.
20006
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there is no si gn )'et that the railroad unio;~~
have achieved comparable enlightenment.
\\";
. :...... lanta's Mayor Speaks
occas ions the orate t :c:nl fo i; on
Ca pitol Hill is pierced by a voice resonant with
courage and dignity. Such a voice was hea rd
i·
wh en ~Iayor Ivan Allen Jr. of' Atlanta testifi ed
·n
before the Senate Commerce Committee in supn
port of President Kenncdy,'s bill to prohibi t
racial discrimi nation in stores, restaurants and
otj1c.>r public accommodati ons.
l·
On the basis of the very subst,rn t ial accom:s plishments that his city of a hal(-milli on, the
II'
largest in the Southeas:, has made in desegregating publicly owned and privately owned facili. ,e
ties, he might have come as a champion of


n "states' rig hts" and of the ability of localities


,e to banish discrimination without Federal la w.
,1 Certainly, he would have had much more warrant to espouse that view than the Barretts, t he
Wallaces and the other arch-segrco-:1.tionists
who r aise the specter of Federal "usurpation"
id as a device for keeping Southern Negroes in
subjection.
, n·
But Mr. Allen was not in Washington to boast.
ne
He was there to warn th at even in cities like
'T•
Atianta. the progress that had been made might
it,
be wiped out if Congress turned its back on the
. is
Kennedy proposal and thus gave impli ed endorsement to the concept that private bnsihcsscs·
were free to di scrimin ate. He left behind this
cha rge to finish the job started with the Emanci pation Procla~ation a century ago : "Now the


s, elimination of segregation, which is slavery's


st stepchild, is a challenge to all of us to ma kc
every American free in fact as well as in theory
., .t• be - and again to establish our nation as the true
champion of ihe free world."
~t.
to
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On rare


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ms
many lands, including our own West, to the long
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histor y of insect devastation and human famine .
Walk through any meadow now, or alon g any
Tru:
be
weedy roadside, and you will see them leaping• ins
ahead of you, hear the rasping rattle of their Wre·
he
harsh wings in brief fligl'it. Btit they do little real
·ish fiddling. The fiddlers now are the crickets.
Thm
Air
Listen on any hot afternoon or warm evening,
!
·.11st
particularly in the 'country, and you will hear Roll ,
hut
the crickets even though you seldom see "them.


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1ue
cricke lK , chirping as we say, and often into the
'Yarm ev ning. But in the evening, from dusk on
,ing
throu gh t he warm night, the more insis tent sound
The


est


will be the trilling of the pale green tree crickets.
L
!Ls
Individually th e tree cricket's trill is not so foud, Or c;·
1ty.
·rr
but because all those in the neighborhood
•are, i,ynchronize th eir trills the sound 'can be as And t~·'·r
nro insistent a.A w, . ,; t:1c calls of the spring peepers
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nl"C ,
Whcr ·
L,,el< in A11rll.
ere
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The loudest fiddlers of all arc the' katydids,


ele which look like green, hunch- ba cked grasshop- Of n i' ·


l,
· :tel- pers. Nig-ht after night they rasp wing on wing
Bray~
and make tl:at· monotonous call, sh1'ill and seem2 ,:
esingly endless. But the lrntydids won't be heard Prot('! /;
,ts for another two weeks or . so. Meanwhile the
l l \11
he,
.1tcr- crickets possess late July, chirping and trilling
And ~'.'.,
1alia the warm hours away as though summer endured
}n r'
\h CC
I up forever.
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THE WHITE HOUSE
WAS HI NGT O N
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July 26, 1963
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Dear Mayor Allen:
l.
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I hav: read wit h great interest. the report of your testimony
bef ore the Senate Commerce Committ ee on the Adminis t ra:..
tic.:--. ~s civil rights proposals. You made a number of very
e ffective points and I believe your excellent presentation
will prove to be extremely helpful. Your can did, courageous
s t atements are, I believe, most commendable.







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The leadership that has been demonstrated in Atlanta provides
an encouraging mode l for cities throughout the United States.
Under strong leadership the people of Atlanta have been able
to recognize and understand a difficult, complex problem
and resolve it -- at least partially -- in a direct and mature
fashion.
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Sincerely,
.r.···.
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Honorable Ivan Allen
Mayor of Atlanta
Atlanta, Georgia
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�Ivan:
I know you would prefer that I not mention your going to Washington
again, but I feel as strongly about you as you do about your convictions.
I hope you will decide against going for several reasons.
1.
You will alienate the Board of Aldermen, about all of wh,om have
expressed opposition to the public accommodation part of the bill.
2.
You will lose the good position you have with the state administration
and possibly never gain their support on prtje<1.!:ts where we need their
1:elp.
3.
The people of Atlanta will not be able to understand why you went
after you have been saying how well we have done in Atlanta, and
then try to help get legislation passed forcing something which they
feel has already been accomplished here.
4.
You will lose your effectiveness of working out future problems
between the races as the white people will probably turn from
you feeling that you are biased toward the Negroes.
I feel the first four reasons are since l' e and valid.
not be valid, but are t :i::.ue.
/
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• •
the following may
1.
The stand which you think you are taking as morally right, will be
misconstrued in every possible way and constantly used against you.
2.
You will be cold - shouldered to an e x tremely uncomfortable extent.
3.
You won't help the Kennedy administration in the south as the south will
be more against you than the Kennedys.
4.
The Atlanta newspapers won't support you.
5.
You won't get re - elected.
6.
I don't want to see you suffer unnecessarily.
7.
I don't want the city to suffer either.
• •
Ann
�MRS. CLIFTON G. HOFFMAN
Chairman
MR. M. CARL HOLMAN
1st Vice-Chairman
GREATER ATLANTA
MRS. ELIZA PASCHALL
Executive Director
Council On fiuman Relation~
MR. THOMAS McPHERSON, JR.
Assistant Director
DR. RICHARD RESER
2nd Vice-Chairman
MRS. CHARLES PERKINS, JR.
Secretary
MR. HUBERT JACKSON
Treasurer
Telephone 525-6469
5 Forsyth Street, N. W.
ATLANTA 3, GEORGIA
Jumy 22~ 1963
The Hono rab l e I van Allen, Jrg
City Hall
At l ant a , Georgia
Dear Mayor Al l en :
I thought the attached informati on might be of i nterest
to you, part i cularly in vi ew of your scheduled appearance
in Washingt on to testify in regard to your civil rights
legislation.
Sincerel y yours,
ct~~l/~/fJ
(Mrs.) Eliza Paschall
Executive Director
EP/jb
At t achment
7?/'~
�Th
following i
Negro s?"
Their re pon
Thoee
li
t of ste.blishments which w re aaked nno you adml.-t
e1 follows
plying
pl yiDg
Those
YES
NO
-
Ston Mountain (all t oiliti s)
Bro dv1ew Iidd1eland
Funtown
Stone Acr
Planation
St1.bl of !horo hbred (old utos)The Igloo (ioe skating)
Cop
it '
Atlant
Storyland
fri•City Roller Ri.Dk
l!.nd.
Club P ohtre
Domino Lounge
G rd.en Terraoe (Biltmor)
Th Party
Gold n Palm Lo
(Atluta•
Hank
d J rry' s Rid
y
Xirlg ' a Inn Lounge
Lookout Lo
•
nte Ca.rlo Lo
rioana ••
Pi.galley
Po
eeian Loung
Robinton1 Ga.rd DI
S&D.1 ouol
Zebra Lo
•
The
pay
Pi•dmont Dr1T •1Jl
(Bilt or)
Atlanta. Art .AeeoQ1&t1on. ae.1U,11tnhip


tl t Playboy Cl\tb


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


ro I it o


emit
oke4 in or att•n4illg •
rt.cu.a•
•
•
b.
�GREATER ATI.ANT COUNCIL ON
6 Forsyth Street, • •
LATIONS
Atlanta, Georgia
RESULTS OF TELEPHONE CONVbRSATIONS AS TO INTEGRATION
Hot 1
1
On June 21, 1963,
yor Allen announoed a pl of limit d integ tion at 1,
ot l , whe by th a eetabli hmenta would ace pt N gro a who re deleg ta
to oonv, ntiiona
eting t th a pla.oe o
n the Gr ter Atl :ta Council on .>.\.Ill~
Relation inquired if this ohang
the ituation in r eg rd to individual gro
gu st , inoludi!lg Afrloan ,
yor Allen in£orm&d ue t~t h had mad th annoW1oement
reque'Bted d that
hould oont ot r . Styron of th Hot l Association.
• Styro~not WI that thi no a tter foF- • oh individual hot l or otel; that
it
a not an rem nt by the Aasooiation. Reault of individ l inquiri a ar
shown belows
hotel and
Tho•• Replying
0
~
Boat Inn
Atlant
ilton Inn
llcnrard. Johnson•·, (lf .E.)
aoht e
or
T}i .
Americana Motor Hot l
The Atlantan liotol
the Biltmore Hot l
Dillkl r-Plaia tel
Bon.rd ->ohruron'• (South and North eat)
Pi
nt Hotel
R1Teri.a · el
eata.u~aa
Un une 1, 19 , tho 1.'LANTA COB U1'Utl01 c-.rri•d a. report t t it had •
learned that 50 nataurant were to deHgregat within
t'ew day.. Sin
t t t
11
there ha been varioua liata a,nd varioua announo• nt• and nrioua exper1en •• at
eatq plaoea.
y have oh ed their polioi•••
will state one polioy
when ulr:ed., but will aot d1fter ntly Yhe
onh'on ed with an actual a1tuatio o T
air ot authori · ii that iroula.t.d by
only- liat that bu b n annowioed with
Leater dd • and it oan be said p aitiv ly that that lia-t 1• not a oura.te.
ault•
or telephone inquiri at.bout d••• re ati n pol1oie, or report• fl'Oll oust re who
ban talked wit the - - • r • are ae tollowa•
Tho••
'l'ho
plybg
0
DaJ:man•·1
Garde
••'• (ltali.an)
•• (
.ieb 1 a
n
o
U'a
...
oy Driff•ln
ua
or•yth
•n
Dale'a C•llar
ellere (Pea htree
fb.e
1
of
tel)
�GGREAT R AfLANTA COUNCIL ON HUMAN RELATIONS
6 Forsyth street, N.
'le
July 17, 19
Dr. John Le son,
re. Grace Hamilton,
rnathy,
on rao
rel tion
Human
lation1 ,
Roo
~!1i
us
ite
and Dr.
{P ohtN
llowell,
· • Donald
cont' renco
ta Council on
dinner
, at Stoufteur•
y; July 22 , 7t
Re tei.urant, li
rth
LeTel).
r Atlantnn who
"tten d t
Confere-no
o l1 d oy Pr eident Kennedy ha
4 partioip te in th in.formal diaouasion.
Th• publ1o 1a inTit 4.
can be
.
lanta Council on Hum,.n
....
rogr as mad
ohanoe for 1u
following
la.t1ona (52 ~1681) •
1n
u. s.
"Figure• prorid. d
rulit1on1 of Atlanta I groe1 a
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o
roe•
t rough4 the oount~ as nported by the .Pre 1de :t in hit radio and t'el.'Yiaion.
"
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lanta Jegro, lib ot er
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�WILLIAM J. BRENNAN
Confirmed March, 1957 by voice vote
Only opposition - Senator Joseph McCarthy
EARL WARREN
Confirmed March 1, 1954 by voice vote
Chair announc e d it was unanim ous
POTTER STEWART
Confirm e d M a y 5, 19 5 9 - r oll ca ll vote
Talmadge and Russell both voted no
Note:
The only three e l ect ions or confirmations since Senator Talmadge has
been in office were G old b e rg, White and St ewart . Goldb erg and White
were voi c e v o te s and T a l mad ge v oted no for Stewa rt.
�I
STATEMENT
by
IVAN ALLEN, JR.
MA YOR OF ATLANTA, GA.
BEFORE
COMMITTEE ON COMMERCE
REGARDING
s.
1 732
BILL TO ELIMINATE DISCRIMINA TION IN PUBLIC
ACCOMMODATIONS AFFECTING
INTERSTATE COMMERCE
July 26, 1963
�I
STATEMENT BY IVAN ALLEN, JR.
MAYOR OF ATLANTA
July 26, 1963
Mr. Chairman and Members of the Senate Commerce Committee:
I am honored to appear before your Committee.
At the beginning I would like to make it clear that I feel qualified to speak on the subject under discussion which is the elimination
of racial discrimination, on what I have learned from personal
experience and observation in my home city of Atlanta, Georgia.
As perceptive men of wide experience I feel confident that you will
agree with me that this is as serious a basic problem in the North,
East and West as it is in the South.
It must be defined as an all-American problem, which requires
an all-American solution based on local thought, local action and
local cooperation.
The 500, 000 people who live within our city limits consist of
300, 000 white citizens and slightly more than 200, 000 Negro citizens.
That makes the population of Atlanta 60 percent white, 40 percent
Negro.
That 60 - 40 percentage emphasizes how essential it is for the
people of Atlanta, on their local level, to solve the problem of racial
discrimination in order to make Atlanta a better place in which to
live .
Elimination of racial descrimination is no far off philosophical
theory to the more than one million people who live in and around
Atlanta. The problem is part and parcel of our daily lives. Its
solution must b e studied and worked out on our homefront.
As the mayor of the Southeast's largest city, I can say to you
out of first hand experience and first hand knowledge that nowhere
does the problem of e liminating discrimination between the races
strike so closely home as it does to the local elected public official.
He is the man who cannot pass the buck.
From this viewpoint, I speak of the problem as having b een
brought into sharp focus by decisions of the Supreme Court of the
�/
United States and then generally ignored by the Presidents and
Congresses of the United States. Like a foundling baby, this awesome problem has been left on the doorsteps of local governments
throughout the nation.
Now to take up specifics. You gentlemen invited me to tell
you how Atlanta has achieved a considerable measure of comparative
success in dealing with racial discrimination.
It is true that Atlanta has achieved success in eliminating
discrimination in areas where some other cities have failed, but
we do not boast of our success. Instead of boasting, we say with _
the humility of those who believe in reality that we have achieved
our measure of success only because we looked facts in the face
and accepted the Supreme Court's decisions as inevitable and as
the law of our land. Having embraced realism in general, we then
set out to solve specific problems by local cooperation between
people of good will and good sense representing both races.
In attacking the specific problems, we accepted the basic
truth that the solutions which we sought to achieve in every instance
granted to our Negro citizens rights which white American citizens
and businesses previously had reserved to themselves as special
privileges.
These special privileges long had been propped up by a
multitude of local ordinances and statewide laws which had upheld
racial segregation in almost every conceivable form.
In Atlanta we had plenty of the props of prejudice to contend
with when we set out to solve our specific problems of discrimination.
In attacking these problems. I want to emphasize that in not one single
instance have we retained or enhanced the privileges of segregation.
It has been a long, exhausting and often discouraging process
and the end is far from being in sight.
In the 1950 1s Atlanta made a significant start with a series
of reasonable eliminations of discrimination such as on golf courses
and public transportation. We began to become somewhat conditioned for more extensive and definitive action, which has been
taking place in the 19 60 1 s.
During the past two and a half years , Atlanta has taken the
following major steps to eliminate racial discrimination :
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1. In September, 1961, we began removing discrimination
in public schools in response to a court order.
2. In October, 1961, lunch counters in department and variety
stores abolished discrimination by voluntary action.
3. On January 1, 19 62 Atlanta city facilities were freed from
discrimination by voluntary action of municipal officials.
4. In March, 1962 downtown and arts theatres, of their own
volition, abolished discrimination in seating.
5. On January 1, 19 63, the city voluntarily abolished separate
employment listings for whites and Negroes.
6. In March, 1963 the city employed Negro firemen.
ago employed Negro policemen .
It long
7. In May of 1963 the Atlanta Real Estate Board (white) and
the Empire Real Estate Board (Negro) issued a Statement of
Purposes, calling for ethical handling of real estate transactions
in controversial areas.
8. In June, 19 63, the city government opened all municipal
swimming pools on a desegregated basis. This was voluntary action
to comply with a court order .
9. Als o in June, 1963, 18 hotels and motels, representing the
leading places of public accommodations in the city, voluntarily
removed all segregation for conventions.
10. Again, in June, 1963 more than 30 of the city's leading
restaurants, of their own volition, abolished segregation in their
facilities.
You can readily see that Atlanta's steps have been taken in
some instances in compliance with court decisions, and in othe r
instances the steps have been voluntary prior to any court action.
In each instance the action has resulted in white citizens relinquishing special privileges which they had enjoyed under the
practices of racial discrimination. Each action also has resulted
in the Negro citizen being given rights which all others previously
had enjoyed and which he has been denied.
As I mentioned at the beginning, Atlanta has achieved only
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a measure of success. I think it would assist you in understanding
this if I explained how limited so far has been this transition from
the old segregated society of generations past, and also how limited
so far has been the participation of the Negro citizens.
Significant as is the voluntary elimination of discrimination in
our leading restaurants, it affects so far only a small percentage of
the hundreds of eating places in our city.
And participation by Negroes so far has been very slight. For
· example, one of Atlanta's topmost restaur ants served only 16 out of
Atlanta's 200, 000 Negro citizens during the first week of freedom _
from discrimination.
The plan for eliminating discrimination in hotels as yet takes
care only of convention delegates . Although prominent Negroes
have been accepted as guests in several Atlanta hotels, the Negro
citizens, as a whole, seldom appear at Atlanta hotels.
Underly ing all the emoti ons of the s it uation, i s the matter of
economics. It should be remembered that the right to use a facility
does not mean that it will be used or misused by any group, especially the groups in the lowe r economic status .
The state ments I h ave given you cove r the actual progress
made by Atlanta toward tota l e limina tion of di scr im ination.
Now I w ould like to subm it my personal r easons why I think
Atla nta h a s r esolve d some of t he se problems while in othe r cities,
s oluti ons have s eem e d impossibl e a n d strife and conflict have
res ulted .
As an illustration, I would like to de s c ribe a recent v isit of
an offi cial dele gation fr om a great Eastern c ity which has a Negr o
popu la tion of over 600 , 000 consisting of in exce ss of 20% of its
whole populat i on.
The members of this delegation at first simply did not understand and would hardly believe tha t the business , civ i c and political
interest s of Atlant a had intently c oncerned themse lves with t he
Negro population. I still do not believe that they are convinced
that all of our civic bodies backed by the public interest and supported by the City Government have daily concern e d themselves
with an effort to solve our gravest problem -- which is re lations
between our races. Gentlemen, Atlanta has not swept this
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�I
question under the rug at any point. Step by step - sometimes
under Court order - sometime s v oluntarily moving ahead of
pressures - sometimes adroitly - and many times clumsily - we
have tried to find a solution to e a c h specific problem through an
agreeme·nt between the affected white ownership and the Negro
leadership.
To do this we have not appointed a huge general bi-racial
committee which too ofte n m e r e ly b e come s a burial place for unsolved problems. By contrast, each time a specific problem has
come into focus, we have appointed the people involved to work
out the solution . . . Theatre owners to work with the top Negro
leaders . . . or hotel owners to work with the top leadership . . •
or certain restaurant owne rs who of their own volition dealt with
top Negro leadership. By developing the lines of communication
and respectability, w e have been able to reach amicable solutions.
Atlanta is the world's cente r of N e gro higher education.
There are six great Negro universities a nd colleges located inside
our city limits. Because of this, a great number of intelligent,
well-educated Negro citize ns have c ho sen to remain in our city.
As a result of their educat ion, they have had the ability to develop
a prosperous Negro business c ommunity. In Atlanta it consists of
financial institutions like banks - building and loan associations life insurance companies - chain drug stores - real estate dealers.
In fact, they have developed busine ss organizations, I believe, in
almost every line of acknowledge d Ame r ican business. There are
also many Negro professional m e n.
Then there i s anothe r powerful facto r working in the behalf of
good racial relations in ou r cit y . W e have news media, both white
and Negro, whos e le a ders s t rongly believe and put in t o p ra ctice the
gre at t r uth that re sponsib ility of t he p re s s (and b y this I me a n rad i o
and t e levision as well as t he writte n p ress) is inseparable from
freedom of the press .
The leade r ship of ou r written, spoken a nd televised new s
media join with the bus iness and g overnment leadership, both white
and Ne g r o , in w o r king to s olve our prob le ms.
We are fo rtuna t e t hat we have one of the wo r ld fam ous e dito r ial
spoke s men f or reas on and moderation on one of our white newspape rs,
a long with ot her edito rs and many r e porters who stress signi ficance
rather than sensati on in the reporting and inte r pretation of what
happens in ou r city.
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And we are fortunate in having a strong Negro daily newspaper,
The Atlanta Daily World, and a vigorous Negro weekly, The Atlanta
Inquirer.
The Atlanta Daily World is owned by a prominent Negro family the. Scott family - which owns and operates a number of other newspapers.
The sturdy voices of the Atlanta Daily World and the Atlanta
Inquirer, backed by the support of the educational, business and
religious community, reach out to our Negro citizens. They speak
to them with factual information upon which they can rely. They
express opinions and interpretations in which they can have faith. ·
As I see it, our Negro leadership in Atlanta is responsible and
constructive. I am sure that our Negro leadership is as desirous of
obtaining additional civic and economic and personal rights as is any
American citizen. But by constructive I mean to define Atlanta's
Negro leadership as being realistic - as recognizing that it is more
important to obtain the rights they seek than it is to stir up demonstrations. So it is to the constructive means by which these rights
can be obtained that our Negro leaders constantly address themselves.
They are interested in results instead of rhetoric. They reach for
lasting goals instead of grabbing for momentary publicity. They are
realists, not rabble rousers. Afong with integration they want
integrity.
I do not believe that any sincere American citizen desires to
see the rights of private business restricted by the Federal Government unless such restriction is absolutely necessary for the welfare
of the people of this country.
On the other hand, following the line of thought of the decisions
· of the Federal Courts in the past 15 years, I am not convinced that
current rulings of the Courts would grant to American business the
privilege of discrimination by race in the selection of its customers.
Here again we get into the area of what is right and what is
best for the people of this country. If the privilege of selection
based on race and color should be granted then would we be giving
to business the right to set up a segregated economy? . . . And
if so, how fast would this right be utilized by the Nation's people?
. . . And how soon would we again be going through the old turmoil
of riots, strife, demonstrations, boycotts, picketing?
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Are we going to say tha t it is a ll right for the Negro citizen
to go into the bank of Main street to deposit his earnings or borrow
money, then to go the department store to buy what he needs, to go
to the supermarket to purchase food for his family, and so on along
Main street until he comes to a restaurant or a hotel -- In all these
other business places he is treated just like any other customer - But when he comes to the restaurant or the hotel, are we going to
say that it is right and legal for the operators of these businesses,
merely as a matter of convenience, to insist that the Negro's
citizenship be changed and that, as a second class citizen, he is
to be refused service? I submit that it is not right to allow an
American 1s citizenship to be changed merely as a matter of convenience.
If the Congress should fail to clar ify the issue at the present
time, then by inference it would b e saying that you could begin discrimination under the guise of p r ivate business. I do not believe
that this is what the Supreme Court has intended with its decisions.
I do not believe that this is the intent of Congress or the people of
this country.
I ap1 not a lawyer, Senators. I am not sure I clearly understand all of the testimony inv olving various a mendments to the
Constitution and the Commerce clause whi ch has been given to this
Committee. I have a fundamental r e spect for the Constitution of
the United State s. Under this Constituti on we have always been
able to do what is best for all of the people of this country. I beg
of you not to let this issue of discrimination.drown in legalistic
waters. I am fi r mly c onvinced that the Su preme Court insists
that the same fundamental rights must be he ld by every American
citizen.
Atlanta is a case that proves that the problem of discrimination
can be solved to some extent . . . and I use this "some extent"
cautiously . . . a s we cert a in ly have n ot solved all of the problem s ;
but we have m e t them in a number of areas. This can be done locally,
voluntarily, and by p rivate business it self !
On the othe r hand, there are hundreds of communities and
cities, certainly thr oughout the nat ion that have not ever addr essed
the mse lves to t he i ssue . Whereas, others have flag rantly ignore d
t he demand, and t oday, stand in a ll defiance t o any change.
The Congress of the Unite d Stat es i s now confronted with a
grave de cision. Shall you pass a public acc ommodation b ill t hat
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forces this issue? Or, shall you create another round of disputes
over segregation by refusing to pass such legislation?
Surely, the Congress realizes that after having failed to take
any definite action on this subject in the last ten years, to fail to
pass this bill would amount to an endorsement of private busine ss
setting up an entirely new status of discrimination throughout the
nation. Cities like Atlanta might slip backwards. Hotels and
restaurants that have already take n this issue upon themselve s
and opened their doors might find it convenient to go back to the
old status. Failure by Congress to take definite action at this
time is by inference an endorsement of the right of private busine ss
to practice racial discrimination and, in my opinion, would start·
the same old round of squabbles and demonstrations that we have
had in the past.
Gentlemen, if I had y our problem armed with the local e x perience I have had, I would pass a public accommodation bill.
Such a bill, however, should provide an opportunity for each local
government first to meet this problem and attempt to solve it on a
local, voluntary basis, with each busine ss making its own decision .
I realize that it is quite easy to ask y ou to g ive an opportunity to
each businessman in each city to make his de cision and to accomplish such an objective . . . but it is extremely difficult to legislate such a problem.
What I am trying to say is that the pupil placement plan,
which has been widely used in the South, provided a time table
approved b y the F e dera l c ourts which h e lped in getting ove r troub l ed
water of elimination of discrimin ation in public schools . It s eems
to me that citie s working with private bu s ine ss institutions could now
move into the same a rea a n d tha t the fe deral g overnme nt l egislation
should be based on the idea t hat those businesse s h ave a reasonable
time to accomplish such an act.
I think a public accommoda tion law now should stand only as
the last resort to a ss ure tha t di sc rimination is eliminated, but that
such a law woul d gra nt a reas ona ble time for cities and busines ses
to carry out t his function before federal intervention.
It might eve n b e n ecessa ry that the time factor b e made more
lenient in fav o r of smaller cities and communities, for we a ll know
tha t la r ge m e tropo litan areas have the capab ility of a djustin g to
c hanges mo re rapidly than smaller communitie s .
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Perhaps this, too, should be given consideration in your
legislation. But the point I want to emphasize again is that now is
the time for legislative action. We cannot dodge the issue. We
cannot look back over our shoulders or turn the clock back to the
1860's. ·· We must take action now to assure a greater future for
our citizens and our country.
A hundred years ago the abolishment of slavery won the
United States the acclaim of the whole world wh~n it made every
American free in theory.
Now the elimination of segregation, which is slavery's step_child, is a challenge to all of us to make every American free in
fact as well as in theory - and again to establish our nation as the
true champion of the free world.
Mr. Chairman and members of the Committee, I want to
thank you for the opportunity of telling you about Atlanta's efforts
to provide equality of citizenship to all within its borders.
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�For release 9:00 a.m.
(E.D.T.)
I
STATEMENT BY
GEORGE C. WALLACE
GOVERNOR OF ALABAMA
BEFORE THE SENATE COMM ITTEE ON COMMERCE
IN OPPOSITION TO SENATE BILL 1732
9: 00 a. m.
( E • D . T. )
JULY 15 , 19 63
Mr. Chairman -- Members 0£ the Senate Committee on Commerce.
I appreciate the opportunity to appear before you
today and give my views on the important matters now before
this Committee.
The leaders 0£ the Fede r a l government have so mis-

a·
used the Negroes £or selfish poli t ica] reasons that our en-c:a-=,,,~,..
tire concept of
i 1ber¥y
•ffll!lgl.-,c.c.ifi]~J- ~
-- ---
ow in peril .
.
-.
We daily s e e our governme nt go to ridiculous e x tremes and take unheard-of actions to appe a se t he min ority
bloc vo t e leade r s 0£ t his country .
'
I was ap pa l led and amaz e d to re ad 0£ r e cen t st a te me n t s by Pen t agon off i cials r el at ive t o p r op osed civil ri g h t s
inv est ig a t i o ns on our mi l itary i n st alla t ions . The r e was a
I
time when mil i tary i n s ta l lat ions were es tab li s h e d in acco r d anc e with the requirements of the nat ional defe n se post u re.
Today t h ese officials use the t h reat 0£ withdrawal
0£ mil i tary bas es to a c c omplish polit i cal purposes.
Any
officer or officia l issuing such orders should have his
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I
background investigated.
Although he may not be affiliated with our enemies, his actions play into t heir hands by jeopardizing
the security of this nation.
The Air Force is e ncouraging its personnel to
engage in street demons t rations with rioting mobs and is
even offering tr a ining cred i t s as a n inducement.
Perhaps
-we will now see Purpl e Hearts a warded £or street brawling
heretofore th e y we r e awa rded on t h e f ield of combat.
I not e that b y way o f f u rt he r intimidation, one
of the P res i d en t r s c ommi ttees has re commend e d t h a t a n y bus-
iness be p l a c e d off l imi ts to military p e r s onn e l unless
t hey s ur re nder to current Federal
ideolog i es.
I s the real pur p o se of th is integration movement
t o d i sar m this c ountry as the Commu nists have p l anned?
For a c entury certain po l iticians h a v e t a l ked
abou t Sout h ern mobs, which were actual l y non-existent.
Bu t
now that we have Negro mobsters and mobs run ni ng in the
streets of our cities , these politicians and the press
refer to them as demonstrators.
These so-called demonstrators break laws, destroy
property, injure innocent people and create civil strife
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3 I
and disorder 0£ major proportions.
Yet they receive sympathy and approval 0£ the
leaders 0£ our Federal government.
/
I personally resent the actions 0£ the Federal
. / g_o vernment which have created thes e conditions.
As a
loyal American and as a loya l S outhern Governor, who has
never belonged to or assoc ia ted with any subversive element,
I resent the £awning and p a wing over such people
as Martin Luther King and his pro-Communist friends and
associates.
When this bunch 0 £ i n cend i a ries comes t o Washington
they are give n red c arpet t re a tmen t, a n d I da r e say i£ they
came in t o thi s r oom h ere , some 0 £ t he member s 0£ this
Committee wo u ld £ee l c ompelled to g r e et them in such a
mann e r a s t o p u bl icl y demonstr a te t heir con ce r n £o r so called civi l r i gh ts.
Last Friday Governor Ba rnett s h owe d t his Commit te e
a pic ture 0£ Martin Luther King and a gr oup 0£ Commu n is t
leaders attending a meeting together.
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~
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As wi de l y reported in
the press in t h e last two months, Kingrs top l ieutenant in
Alabama , Fred L. Shuttlesworth , a self - styled 11Reverend11, was
elected president 0£ the 11 Southern Conference Educational Fund11
which is headquartered in New Orleans and active in seventeen
Southe r n states.
This organizat ion h a s been des c ribed
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by both the Sena te Internal Securit y Subcommi tt ee and the House
Un-American Activities Committee as an organi z ation rrset up
to promote Communism 11 throughout the South.
The Cincinnati
Enquirer, in its issue o f Sunday, June 9, 1963 , quotes the
following statement of Shut t les wort h as to his leadership
of this Communist or gan i zatio n:
rrGene ra l ly, the House committees
are governed by Southerners who
will label any organizat ion subversive or c ommunistic that seeks
to further the Ameri can aims of
inte gration, justice and fair-play.
rrTo a segregationist , integration
means Communism .
I c an think of noth-
ing mor e u n-Ame rican than the House
Commit tee on Un-American Activities.
11
Recentl y Mar t i n Lu ther King publicly professed
to have fi r ed a known Co mmun i s t, J a~k OtDell , who had been
on his payro ll .
But as disc overed by a me mbe r o f the United
States Congre ss , this p ub l ic p rofes si o n wa s a l i e and Ot De l l
had re mai ned on Ki ng ts payro l l.
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/
On a recent visit to this country, why was it
that Ben Bella, a Communist in my opinion, had his first
conference in this countr y with Martin Luther King?
And
then Ben Bella flew to Cuba and embraced the Communist
Castro and said tha t he is one of the worldrs greatest.
Is there any connection?
I come here today as a n American , as a Governor
of a Sovereign State and as an ·individual with full respect
for Constitutional gov ernment.
I app ear to respectfully
call upon the Congress of the United States to defeat in
its entirety the Civil Rights Act of 19 63.
The Presiden t of the United States stated in
his message accompany ing Senat e Bill 1732 that " enactment
of the Civil Right s Act of 1 963 at t h i s ses s i o n of Congress -however long i t may t a k e a nd h owever t r oub lesome it may be -is imperative" .
The P res i dent might we l l h ave f urther stat e d:
rrand h oweve r many p eople it hurts or b u sine ss es it des troys and r e gardless of the rights of t h e vast majority
of our p e ople rr .
In my judgment , the President of the United
States and the Attorney Gen e r al of the United States , by
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6 /
design and political motivation, are sponsoring and fostering a comple t e and all inclusive change in our whole concept of government and society -- a revolution of government against the people.
Senate Bill 1732 -- the so-called public accomodations bill -- would, together with the Presidentts full
civil rights package , bring about government of the government, by the government a nd £or the government.
The free and uncontrolled use of private property
is the basic and historic concept of Anglo - Saxon jurisprudence .
The primary reason our fore fa thers came from Europe
to carve this nation out of a raw and savage wilderness was
£or the purpose of using , con t rolling and enjoying their
private property and to pursue their chosen professions
without £ear of inte rf e r ence f rom ki ngs , tyr a nts, despots,
and I might add, Presidents .
I don t t th ink it rs necessary today to talk to
y ou at lengt h about the c ons ti t uti onal basis £or l e gisl at i on such as this.
You know that simi lar le g isla ti on has
b een d e clared unconstitutional .
You know th a t in the 1883 Civil Rights Cas e the
Supreme Court of the United States ruled out the Comme rce
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7 -
Clause as the basis for legislation nearly identical in
effect to that contained in Senate Bill 1732.
You know that the 14th Amendment -- which amendment is of doubtful origin and questionable validity
was held by the 18 8 3 Court to merely allow legislation
predicated upon the corr e ction of the operation of state
laws only
and in n o sense gave the legislative branch
the right to enact st at u t es providing a code for the regulation of private rights .
No part of the bill b efor e you qualifies as to
constitutionality even assuming t h a t y ou oper a te on the
premise that th e 1 4 th Ame ndme n t wa s va lidl y r a tifie d in
accorda nc e wi t h t he r equ ireme n ts of t he Constitu t ion -and it was not.
Ge ntl e me n , 1111 te ll you wh a t this Senat e Bill
1732 does
it pla c es upon a l l bus ines s me n a nd profess -~
ion a l p eop le t h e yoke of invo lun tary se r vi t u d e -- it
should be d e signa ted as t h e 11 1nv oluntary S er vitude Act
of
1 96311.
Under the provisions of Senate Bi l l 1732, i f
y ou are engaged in any profession where you offer yo u r
personal s e rvi ces, you cannot refuse to serve anyone without
�/
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fear of vi o lating this Act.
I dohtt know of any business
or profession that does not have some abstract connection
with interstate travel or interstate movement of goods.
Under the provisions of this Act, the lawyer, doctor,
hairdresser or barber, plumb e r, public secretary-stenographer,
etc., would no longer be free to choos e their clientele.
Nobody who offers services to the public or
a~tempts to engage in his chosen profession will be free
to operate wi t hout fe ar t hat th e police state which is
now vigorousl y re a ring its head wil l d ictate his every
move and tell him e xac t l y how he can run his business.
In £ac t, if t h2 pro v isions o f
t he Ac t a re pass ed and
enforced many indi vidu a l s will no long e r h a v e a ny busin ess .
Section 3 ( b ) o f the Act pr o v i de s :
HThe p r o-
vision of th i s Ac t shal l not app l y t o a b onafide pri vate
club o r o ther es t a b lishment not ope n t o t he public , excep t
t o t h e exten t t hat the facil i tie s o f
such e s tab lis h me n t s
ar e made avail a b l e to the custome rs or patrons of an e s tablishment wi t h i n t h e s c ope o f sub - section (a) .
I submit
to y ou that I am at a loss to unde r stand the true meaning
�-
9 /
and full import of this exception.
I am wondering if it
constitutes a nsleeperrr in this Act designed to destroy
the privacy of private clubs and rrother establishments 11 .
In fact , what is the definition of the term rrother establ:is hmentsrr?
Does it include fraternal and social
organizations, churches , religious organizations, the
Masonic Lodge, the Order of the Eastern Star, the Knights
of Columbus?
Would this rrexception cl ause11 cover the following
situation?
A certain exclusive p riva te club having a membership compos ed entirel y of Italian-Americans has a rule
allowing members to bring guests, many of whom travel in
intersta t e commer c e.
The club also has another strict
rule that guests must be limited solely to Italian-Amer icans.
Un der the provisions of th is Act may a member bring in a
non Italian -American traveling in i nterstate c ommer ce desp i te the club rule forbidding it?
Another example that
arises would be the fac t that my Masonic Lodge has strict
rules against bringing in non - Masons and/or Masons not of
the same type organization as mine.
I have taken many
interstate traveling Masons to my Lodge.
Can a member
bring a non -Mason or Mason of anothe r type organization
into my Lodge if he is a gues t traveling in inter state commerc e ?
�- 10 /
Section 5 of the Act provides for civil actions
for preventive relief including injunction, restraining
order or other order.
implies?
I wonder what this 11or other orderrr
Does it not mean being heavily fined or placed
in Federal Prison £or contempt of court if you refuse to
obey?
This same Section provides that this relief may
be obtained by the person aggrieved or by the Attorney
General of the United States and it provides further that
the relief may be obtained where a person has not actually
violated any section of the Act,
but there are grounds to
believe that any person is about to engage in any of the
many prohibited acts.
This is the beginning of 11thought-
control" legislation.
In other words, they can take you
to court and try you for what you are thinking or possibl y
thinking about doing -- whether you ever carry your thoughts
into effect or not.
It is interesting to note that in Section 2(g)
of the Act, which in effect constitutes the preamble of
the Act, it is stated as fact that discrimination reduces
the mobility of the national
labor force and prevents the
most effective allocation of national resources, including
�-
11 /
the inter~tate movement of industries, particularly in
some of the areas of the
nation
most in need of indus-
trial and commercial expansion and development,
This is a thinly veiled reference to the South
which - contrary to the statement contained in the preamble of this bill -- is now and will continue to enjoy
the greatest industrial growth of any section of the
United States.
I cannot help but wonder if some of these same
people who are now so worried about our industrial growth
are not some of the same people who fought the removal of
the nPittsburgh Plus11 discriminatory freight rates which
for so long kept the South from realizing its true patential in industrial growth.
I cannot also help but wonder
if one of the true motives in back of this act is, in part,
a desire on the part of some to return the South toils
position of disadvantage which disappeared with the removal of discriminat~ry freight rates.
The President , the Attorney General, and every
member of this Congress who has sponsored this legislation
stand indicted before the American people .
�- 12 -
This group has invited the Negro to come North
to a land of milk and honey.
They accepted the proposition,
and instead of finding this Utopia, they have found unemployment.
They have been stacked in ghettos on top of one
another, to become a part of every cityts Harlem.
Thereby
social and economic problems have been compounded.
The end result is that this
gross hypocrisy has
brought guerilla warfare and insurrection to every large
city in the United States endangering the lives of millions
of our citizens.
Because of this hypocritical spectacle,
he no longer wants mere equal treatment, he expects and
apparently intends to bludgeon the majority of this countryts
citizens into giving him preferential treatment.
He shows his sense of responsibility by flaunting law and order throughout this country, even threatening to intimidate the Congress of the United States.
And
all of this is done with the tacit approval of the sponsors
of Senate Bill 1732.
The physical danger I outline is no problem in
the South.
You and your family can travel to any place
in the South , walk the streets of every section of cities
and towns alone, without £ear of bodily harm.
But I know ,
�-
13 -
a n d y ou know , t h at you and you r fami l y c a nnot wa l k the st ree t s
of
our n atio nr s c a p i t a l wi t h o u t f e ar o f mugging, raping, kil l ~
ing o r o the r phy sical a ss au lt.
And, ge n t l e me n , you r c o n stit u e n ts k n ow thi s, t o o,
and 1hey are fed up wi t h i t .
An d i f you wi ll c ome t o my
offi c es , I wi ll s h ow you c o untl e s s t h ou san ds o f
l e tters from
every part of t h e United States prot e sting the conti nued
u s u rpatio n of powe r b y t h e F ederal gov e rnment and t he failure
to adh ere to the Co n sti t u tion o f
t h e United State s.
Peopl e
who write me want t h eir elec ted represe n tatives to star t re p r ese n ti n g t h e m a nd n o t
t h e minori ty b l o c voting mo bsters.
A President who sponsors legis l at i on s uch as t h e
Civil Rig h ts Act of 19 63 shou ld be retired from p u blic life .
And this goes £o r a n y Governo r o r other p ub l ic off ic ial who
ha s joi ned in this mad scrambl e for the minority bloc vote .
Does not the present sit u ation in Washington, D . C . ,
give you some idea of the result you wo ul d obtain with this
legi s lation?
The nationrs capital is supposed to be the
s upr e me example of what civil rig ht s legislation can accomplish.
Itt s an example all right, an examp l e of a c i ty
practically dese rt ed by white people.
If you in the Congress
a re re a lly si nc e r e about t hi s civi l rig ht s bus iness, why don tt
yo u give home rule to the people of Washington ?
the local reside nts can r un t h is ci ty.
Letts see how
I beli eve in local
�- 14 -
self government.
Washington, D. C.
I ch allenge you to vote for home rule in
I suspect that if you attempted to do
this, the Secretary of State would have to testify behind
closed doors that this would result in damage to our image
before the rest of the world.
A few days ago, I n oted a report relea sed by
Washington, D. C., police offici a l s which st a ted that during
the last twelve months major crimina l offenses in this nationts capit al reached the second highest peak in histor y .
, I s ug gest that if the Congress spent it s time try ing to
stop these assaults, rapes, robbery and house-breaking,
rather than in efforts which will destroy all rights of
property, then you mi g h t accomplish something worthwhile.
When I came here to testif y against the 1 957
Civil Rights Bill, it was said that our image would be
affected in Afr ic a and Asia if th e bill fail ed to pass .
Well, the 1957 Bill was passed a nd it appears that we are
still supposed to wor ry about our image.
I h a v e s tated before and wish to state again
here today -- I will worry about our image in the rest of
the world whe n the se foreign countries begin to ret urn 25
per cent of the foreign aid we are send i ng t h em because it
comes fro m t he Sou t h.
�- 15 -
In my judgment, the rest of the world should be
more concerned with wha t we think of them since we fee l
bound and determined to provide their support .
And while
we are speak ing of a n image, the fede r a l government should
wo rry about the image i t is creating in the Sou th and to
f r eedom-loving people everywhere.
I think you gentlemen ar e well aware of the
reason you are having to consider Senate Bill 1732 .
The
Pres{dent of the Uni ted States anj t he Attorney General of
t h e Unit e d States have u sed t h e powers of the executive
branch in s uch a ma nner as to cr ea t e a t e nse and explosive
sit u ation wh i ch t h ey can no longer control.
Th e Pre sid e n t s o mu ch a s admitt e d this i n h is
nationwide telecast which prefac ed the in t r oduc t ion of
t h i s ci v il right s legis l ation.
or ity bloc vot e .
He wooed and won t h e min-
S ince the n h e h as commit ted a se ri es o f
blunders in tr y ing to appe as e the mob l eaders .
These l eader s have now pr ess ur e d t h e P r e sident
in t o t h e r idiculous P?s i ti on o f pl a cing hi s st amp of a ppr oval
on mob violenc e and rioting in t h e s treets of this country.
Th e e ntir e h a ndling o f
t hi s raci a l si t uation
by t h e present Admini st r a tio n h as s h own a n i n e ptness a nd
to tal
l a ck of unde rstandi n g in h a ndling the p r ob lems
�- 16 -
which hqve been cr e a t ed by the political efforts to capture
t hese votes.
The promised Ne w Fron t ier is a n a tion t orn b y
strife and turmoil on the brink of civil warf a re.
The onl y method it has bee n a ble to come up
with is the us e of Federal t ro op s wh ich, strangel y , it
se e ms, have b ee n us ed onl y in t h e S o uth although t h e most
/
serious disturb a nc es h a ve be e n i n p l a c e s like New Yo r k ,
New Jersey, Phil ade lphi a , Chic a go , Wa s hington, Los Angeles
a n d Cambridge, Ma ryl a n j ,
It is not politically popular to send troops into
t hese ci t ies -- a nd t h ey a r e g o ing t o £ind nex t No v e mb er it
i s n o t po litic a ll y pop ul a r to sen d t h e m to Al a b a ma a n d
Mi s sis s ippi.
The Kennedy Adm ini stration i s in p o li t ic a l
j eop a r dy, a n d i n a c a lcul ated attempt t o re co ve r from
l os s es o f p olitic a l prest i g e , i t has s hif ted t h e b u rden
of its gross mi s takes in jud g ment t o th e Congress of t h e
Unit ed States -- a ll t h e wh i l e cater ing to a lawl ess mi nor i ty wh ic h shows u tter disregard and contempt £or law and
order.
�- 17 -
This bill will not remedy the situation.
This
bill will inflame the majority of the citizens of this
country.
When you determine that you will control and
destroy private property rights -- you invite chaos.
I charge that Senate Bill 173 2 cons t itutes
the first step toward land reform -- a long step in a
socialistic scheme of government which will bring the
total des~ruction of private property rights.
-- -------
Property
is powe r and when we lose our rights to proper t y we will
have lost our power to govern ourselves.
If y ou int e nd to pass this bill, you should
make preparation s to withdr a w a ll our troops from Be rlin,
Viet Nam and the rest of t he world bec a u se they will be
needed to police America.
Yo u are go ing to make the
American peop l e l aw vi olators because they are not going
to comply with this type legislation.
It is s u spected, a nd I suggest that Senate Bill
1 732 is s u c h a ridiculous p i ece of legislation that it
probably is a mere smokescreen which is calculated to draw
the atten tion of th e people to it, thereby blinding t h em
to othe r parts of the civil right s package which are e qually
abominab l e .
�- 18 -
No part of the Civil Rights Act of 1963 is
acceptable and we people in the State of Alabama and the
South will take the lead £or all freedom-loving people of
this country -- black or white -- in an all-out effort to
defeat any man who supports any feature of the civil rights
package.
The executive branch of this government has ignored the Constitution of the United States and fostered
the march toward cen tralization and t he ultimate destr u ct ion of our system.
The Judicial branch has perverted t he Constitution
of the United States in a manne r which shocks the conscience
of the American people .
The Congress of t he Uni ted States is t he last
remaining bulwark against t h e des t ruc t ion of our system of
governme nt.
I ask yo u to ignore politic a l pressures which
will destroy · our e ntir e free e nt erpris e system -- t h at y ou
determine t h at thi s coun try will not h a v e governme n t by i ntimidation -- that you n ot see fit to destroy established busin esses and personal se rvic e professio n s -- t h at you not place
t h e vast ma jority o f
American citizens in involuntary ser vitude
that you stand up for Ameri ca.
�- 19 -
I cha ll e n ge t h e Pr es ide n t and the Congre ss t o
submit this propos ed l e gi slation to t h e p e ople as a
national referendum .
I promise yo u that you wil l get the sho c k of
y ou r life becau se t h e peop l e will overwhe l ming l y r e j e c t
t h is encroachment upon the i r right to own and enjoy pr iv ate p rope r ty .
I say t h at it is high time freedo m-l ov ing people
of t h is nation stand up and be counted and if t h e tree of
'
li berty needs refreshing by t h e political blood of those
wh o ignore the heritage established for us by the F ounding
Fathers, then so be it.
Gentlemen, I appreciate this opportunity to
appear before you today and before leaving I have a requ est
I would like to make .
I have charged here today that th e re
are communist influences in the integration movement.
From
the mountain of evidence available everyone should reali ze
that they are true.
You have heard these charges before
you -- you have seen the evidence -- why donrt you do something about it?
Dontt sweep th is matter under the rug
letis expose these enemies -- they a re enemies of both black
�- 20 -
and white in this country -- bring them out in the open.
As
the Governor of a sovereign state, I ask the Congress to investigate these communist activities.
not be taken lightly.
This reques t should
A le t ter through the mail to the
Justice Department from some one claiming t hey have been
denied the right to vote brings a flood of Federal Investi g a tors down the neck of some Sout h e rn r eg is t r a r.
He re you
have had at least two Governors to ask that this communist
matter be investigated.
Will you give u s this r e sponse?
I n closing, I would li ke to te ll you t h a t
the
\
public policy of Alabama is for the up-lifting of t he Negroes
in Alabama.
During th e fir st year of my admini strat ion we
h a ve incr eased t h e a pp ropr i at ion to Neg r o educ at iona l institut ions
22 p e r cent.
We a re building t hree n e w trade schools to train
the m f or the jobs tha t we are maki n g avail a bl e to t hem b y a
fas t g r owi n g i n d u s t r i a l expansion in o u r state .
lieve th e
I do n ot be -
passage of the l eg i s l a ti o n would be in t he int e re st
of e i t h er th e whit e or Negr o citizen , b u t wo uld h amp er t h e
sol u ti o n of problems £acing bot h races .
As I sai d i n my Inau g ur a l Addr e ss in Janu a r y, my
hope and prayer is t h at God will b l ess al l
of the peop l e of
my state and this nation, both black and whit e.
I thank you .
�REFERENDUM COMMITTEE of MARYLAND
Easton, Maryland
Samuel
J.
Setta, Chairman
Mr. Chairman:
Members of the Committee:
I am Samuel J. Setta, a motel owner and operator on the Eastern Shore of Maryland and a
prime mover in the drive to place the Maryland Accomodations Law on the ballot in ' 64. I come
before you an adamant opponent of forced integration of businesses and I am sure I speak the sentiments of a majority of the people in America when I express myself.
First: I question the wording of the title to S. B. 1732: "A Bill to eliminate discrimination in
Public Accomodations affecting Interstate Commerce. " The word public as used in this title conveys
the idea that the objects of this legislation are owned and controlled by the public in the same manner
as public lands, public works, public funds , etc. The title should read: A bill to eliminate discrimination in privately owned accommodations catering to the public," or more appropriately: "A bill
to eliminat e privat e ent erprise. "
You are listening to a voice from the grass roots. Our voices haven't been too loud but don't
be deceived by noise being made by the neg:i;:os and do-gooders who are trying to force you to act on
this legislation. The ominous silence from the congregations who disapprove of their clergymen,
union members who don 't agree with their leaders, and citizens everywhere who have seen near
anarchy develop in this country will have the expression necessary to meet the occasion when the
voting begins in 1964.
I have oppos ed this Public Accommodations Law at every level of government for the last three
years because it is aimed a t businesse s which are strictly privately enterprise. . The fact that I
can open and clos e my doors at my pleasure certainly makes it private. Many businessmen, myself
included, earn a living and also make their homes with their businesses and their social life should
not be regimented any more than the private citizen who does not have a business.
Not one member of this committee or the senate would venture into a negro neighborhood alone
and neither would you permit your wive s to go alone; yet the legislation this committee is considering
would force business men and their wives to take these people into their businesses and homes.
We are not guilt y of anything more than catering to the wants of our customers. Everyone, except
the proponents of this law, knows that in any business the customer is the boss. If you gent lemen
shop anywhere you call the tune not the proprietor.
In my motel if my c ustomer s want T. V. , I provide T . V. If my customers want room phones
I provide room phone s. And if the y prefer a segregated motel I provide a segregated mot el.
Now if it were feasible to write thi s law to read that customers must s top discriminating and
continue to patronize business e s you might solve the economic aspects of this dilemmabut that would
be impos s ible. So, to get a t the buying public who are the discriminators and beyond the administration
is trying to get laws and penaltie s fastened on to the bu s inessman to force custome rs to integrate.
The proponents say that integration involves no loss of business . I never ceas e to be amazed
at how many brillant business analysts are among the proponents , none of whom have ever owned or
�_; 2 -
operated a restaurant or motel. It's equally amazing how great their enthusiasm is for a law that
doesn't touch them in the slightest degree.
Also; it's very easy for a family which is high in government to build homes on mountaintops
and exclusive areas , and enroll children in exclusive segregated schools to tell the peasants of the
country that they should integrat e every phase of their lives.
The attempt to· "keep up with the Joneses," to gain social rights at the expense of the civil
rights of private enterprise, if successful is certain to undermine one of the pillars upon which this
great country was built. The one big difference between communism and capitalism is private enterprise . The administration itself is admitting that this law will infringe on our civil rights when
they seek this law under the commerce clauses of the federal constitution, rather than the equal
rights fourteenth amendment.
The theory evolved by the Department of Justice is that because a business con_cern deals with
the public, it may be subject to complete regulation or possible extermination by the Federal Government . This alleged authority is derived from the claus e of the Constitution which gives Congres.s
the power to regulate interstate commerce, and Mr . Robert Kennedy cited various laws passed by
Congress in this field. Not a single one of these statutes, however, covers the selection of customers
of a business. They deal with employees , or the practices of the employer in his relations with his
own worker s, or the practices of business owners in relation to other businesses or in shipping goods
t o another state or other countries. Never in the history of the United States has the commerce clause
of the Cons titut ion been invoked to regulate the customer relationship of a business owner and indivi'
dual citizens .
No court has ever held that sleeping in a privately owned motel is a civil right. No court has
ever held that . munching a sandwich in a privately owned restaurant is a civil right. England rejecte d thi s ve ry law by a two to one vot e in 1962 and it was labeled unde mocratic and unworkable
by leading c le rgymen arrl civic leaders .
The dictator c ountries , oppressive as they are, don't even have this law on the books . What
v a lue i s ther e t o a business or a high position or profession without the rights to operate freely as
we have s ince this count r y was founded.
We a ll know of countri e s where people have all of these occupations in good m easure but they
don't have rights. The result is they burrow under the Berlin Wall. They swim canals. They crash
bar be d wire fences , they risk ' their lives daily to escape. This is a king s ize step in that direction.
Depr ive us of a r i ght now a nd next year anothe r and another and before you know it we will be in th e
s ame positi on .
This law i s definit e ly c la s s l egi s lati on . Under this law we may tur n a white m an away because
he is uncouth or unde s irable and he must leave , but if a negro is turned away for the same r easons
we may face charges of discrim ination. When you write the word co1or int o t his law, th e white cu stomer i s not equal before the law. When you force hotel s a nd m ot el s t o elim inate discriminat i on and
exc lude tou ris t homes and rooming hou ses who are in the same bus ines s of rent ing rooms , we a re not
e qual befor e the la w. Whe n you for ce res taurants to e liminate di s crimination and exclude s egregated
church suppers , dinners, a nd boar ding houses, which a re cate r ing to the s ame public a nd indeed are
strong competi tor s we a re not e qual be fore t he law.
The Att orney Gene r a l s t resses the immor a lity of discrimination but i gnores the fa ct that it i s
just as immoral to enact laws which will legi s late a man into bankruptcy or int o a bus iness r elationship which will make his life a daily ordeal. It s houl d be :0bvi ous by <now tha t there are many people
who don 't want the negro s ocia lly. I have seen s t r ong men break up un der the strain of the dem on -
�- ·3 strations and harrassment sanctioned and abetted by this administration. Women in business have
become terrified at the prospect of facing unruly mobs with the knowledge that they are being encouraged by this administration. The responsibility for the violence in demonstrations by negros
can be laid squarely at the door of the White House. I have a very good cross section of citizens
from the North , South, East and West patironizing my motel and this issue is discussed daily so
that I may keep abreast of my customers' thinking and I say to you that this administration will pay
the price in the 64' election for its handling of this situation. This nation cannot afford the luxury
of a president who serves 10% of the people at the expense of the other 90%.
All businessmen have a different financial situation.
In my particular case my two immediate competitors are millionaires. My resources consist
of a $23, 000 mortgage and a going concern. Certainly they can approach this problem with a greater
degree of aplomb then I can.
I meet a mortgage payment every month, plus numerous other bills. What do you think the reaction of my banker would be if I came to him and said, "Mr. Banker, a couple of months ago Congress
passed a law which took the control of business policy out of my hands because the administration said
it was immoral and business has declined so that now instead of $245 for this months payment, I have
to give you 245 morals?" I'll tell you what his reaction would be. I would be slapped with a big fat
foreclosure. Is this economic growth?
I r efus e to gamble the welfare of my family and our pursuit of happiness on the busin ess: judge'
ment of an administration which is loaded with
theorists who have never operated a successful business
or met a payroll and have never balanced a budget.
The Attorney General has testified that at present white prostitutes, dope addicts , and moral
de gene rates could come into our mote ls a nd hotels but negro citizens in high pos itions could not. I
don't know what kind of places the Attorne y Gene ral fre quents, and I'm sure he ge ts his informat ion
firsthand because he hates hearsay, but this statement is an insult to every motel and hotel owner in
the country. Now then let's look at this law again. This law would reverse this contention and would
not only enable black pros titute s, dope addicts , and moral degenerates to come into our places but
als o a pe ople with a poor hygiene , high incidence of venereal disease and vandalis m, plus the e lem ent of forc e t o m ake u s accept the m bec a use he r e a ga in I ca n r e jec t the white pe rson but not the
black per son. Is this the Att or ney General' s idea of a n impr ovem ent? I hope I don't: hav e t o fa ce
many more like that one.
Gmtlem en, there' s a labor a ngle to this situation. Whe n a labor contract is negotia ted the r e i s
one claus e that is non - negotia ble: The r ight to s trike. When we a r e pa i d rental for a room, part of
that mone y is ove r he a d and part of it is wages . Since the custome r i s the boss, this law would' for ce
us to wor k without th e r ight t o s t r ike . The s e very la bor lea ders who a dvocate this law would v iolently r ebel if any att empt was made to eliminate their right to strike.
The administ ration says the negro is r e ject e d bec aus e of his c olor . This is wrong and com pl etely untrue. We don' t ca re if he is blue or pink or r e d. T he negro is r e jecte d beca use he i s a n ec on omic lia bility to our bus inesses. I hav e re je cte d ne groes who we r e pr a ctica lly white. I wo uld be
less than h onest or helpful if I didn't include the reasons why the negro is a lia bility , s ince the propenents won 't
The two races a re a bs olutely pr oven to be incompatible. The two races can coexist harmonious ly
but there will never be t r ue int e gration. No other minor ity in thi s country has a feeling of inferiority
bec ause the y live among th e ir own people. Why sh ould these p eople ? No one is t r ying to sprinkle
�- 4 -
the Chirtese, Indians, or Japanese among the whites so why this massive effort to integrate the negroes?
If the ·administration and the negro leaders and other proponents would take the time they are
spending on demonstrations and pressure tactics and point out to the negro people that law or no law,
acceptance will never come until they stop a disproportionate contribution to the high crime rate,
illegitimacy, production of slums, and making careers of unemployment compensation and welfare
programs.
The negro people will gain acceptance when they meet certain standards of morality and living
conditions. No law can accomplish this. This is the one objective the negro will have to work for and
earn himself. There is nothing wrong with individuals having to meet standards. It is done every day.
Churches demand standards, schools demand standards, you gentlemen in the Senate require standards
and whether we like it or not, all people have standards for their social equals to meet.
The thirty states that have had these laws are just as segregated as the twenty that don't. I predict now that attention has been focused on these laws there will be a rash of suits testing their constitutionality. When the Attorney General said Senator Lausche enforced such a law as Governor of Ohio,
he should have realized Senator Lausche was just tolerating it like the Kennedys tolerate the TaftHartley Act. These laws do not accomplish the goal of integration. Proof of this is the agitation and
demonstrations all over the country and the existence of harlems in every major city in the country.
These laws c ould subject the negroes to more humiliation than any voluntary agreement would.
All of us have had poorly prepared meals in restaurants when the owner was trying. What do you
think the result would be if he wasn't trying'.?
The people who favor this law are largely executive boards of church groups but not the congregations, executive committees of labor unions but not the rank and file, business executives but not
the employees. In short, gentlemen, a great number of generals but no soliders.
Today we are witnessing one of the strangest par~doxes of all time: churchmen with segregated
churches, labor leaders with segregated labor unions, news media with segregated work forces , and
politicians and civic leaders who lead completely segregated lives trying to force a segment of private
enterprise to integrate.
Christianity has not been able to integrate in.two thousand years and judaism for longer than that
and yet these very religious leaders expect Americans to do it in less thanJ:wo.hundred, and if we don't
shove it down our throats and gag us in the process, and all this on the false accusation that we are
discriminators .
You are bucking a law which was never enacte d by any legislature when you pass a law like this,
the law of nature. God himself was the greatest segregationist of all time as is evident when he placed
the caucasians in Europe , the black people in Africa, the yellow people in the Orient and so forth , and
if God didn 't see fit to mix people who are we to try it?
Christ himself ne ver lived an integrated life, and although he knew his life on earth would be a
model for a ll m anki'nd,. when he chose his close associates, they were a ll white. This doesn't mean
that he didn't love all hi s creatures but it does indicate that he didn't think we had to have a ll this
togetherness in order to go to heaven.
Gentlemen, we should give a lot of serious thought to these final remarks of mine and not try to
out do God in the make up of the wor ld.
Thar.J<. you.
�STATEMENT OF C. MAURICE WEIDEMEYER FOR THE U. S. SENATE COMMITTEE
ON COMMERCE
TUESDAY, JULY 16, 1963
Mr. Chairman and Members of the Committee:
My name i s C. Maurice Weidemeyer. I am a lawyer of Annapolis, Maryland,
a member of the Maryland House of Delegates from Anne Arundel County.
I wish to state that I am unalterably opposed to the passage of Senate Bill
1732, and I am also opposed to passage of any public accommodations law whether
by County, Municipality, State or Federal Government. The so-called public accommodations laws do not accommodate the public generally. They accommodate
only a small minority of the public. The vast majority of the public, in my opinion,
have their own desires and their own likes and dislikes and wish to choose their
associates, 1. e. , the persons with whom they socialize and the persons with whom
they wish to associate in the conducting of bu~ines.s.
In my opinion, it has always been an inherent, basic, and fundamental right
of all free men in a free society to associate themselves, socially and commercially
with persons of their own choosing.
It has often been said by proponents of measures like this that public ac-
commodations bills are bills to guarantee freedom. I think that the approach is
wrong. They should be called freedom depriving bills. The bills give an unwarrante<;i
freedom to a small minority while denying to the vast majority of our citizens and
business men a very basic freedom, namely, that of associating and doing business
with persons of his own choosing. The argument that because a State or Government
authority has licensed a person to do business, that they should be able to regulate
every facet of his thin.king and conduct is something foreign to the American system
of government and cannot help but lead to eventual socialism, dictatorship, and
complete control by the government of every act, thought and deed of every individual
citizen. The privileges and accommodations which the proponents of this measure
contend are denied to negro citizens are not d enied to them at all , b ecause they
have the same opportunity go into business and to conduct a hotel or restaurant
or other types of businesses, just as much as any other citizens who have previously done so.
�- 2-
I have said many times , and I say it to you sincerely, that if the NAACP, the
CORE and the other ultra liberal organizations, who are daily harassing and pestering
the American people , would spend their money and effort on promoting the welfare of
the colored ra c e by a s sisting them into getting into business where they could cater
to their own peopl e , they would be accomplishing something. For years, the NAACP
and CORE and ot hers have been collecting $1. 00 and $2. 00 dues from people all
over the United States and spending the money principally in agitation of the white
race whi ch neither gained respect nor promoted the negro economically. I would
s uggest to them that if they wanted to organize a hotel corporation or any other
bus iness corporat ion, and if they could not sell stock at $25.00 or $100 a share,
tha t t hey sell more shares at $1. 00 or $2. 00 per share and spend their money to
'
b etter use than by giving it t o the NAACP and CORE and other organizations.
The idea that people are helping themselves and promoting themselves by demanding that others furnish them and give them that which they could obtain for
themselves i s a false idea of promotion of that individual. Rights and privileges of
associ ation are obtained only through accomplishment and mutual respect.
Certai nly, nothing is furthered or improved by an insistent demand that people
be t aken in and accepted under circumstances where they have not as yet earned
that respect, and no law, whether of the Federal, State, County or Municipal government , attempting to force association of people, can be successful under such
forced conditions.
Certainly someone and some group in the process are bound to
wind up with receiving more contempt and ill feeling than with respect.
I di sagree also with those persons who would attempt to portray the present
disturbances in t his country as spontaneous outbreaks. I cannot be lead to believe
that t he colored people of Carrbridge would conduct themselves in the vicious manner
in whi ch they have, if they had not been engineered, guided and inspired and
finan ced by outsi de influences and capital.
It would seem to me that it would be the
wi ser thing for this Committee to consider the travelling in inter-state commerce of
persons like Martin Luther King and others whose sole purpose in going from state
to state i s t o cr eate dissens ion, confusion and unrest, and deliberately going in
are as where the col ored people have been very well satisfied and whipping them up
i nt o a fervid heat of passion and hate for t he white race.
�-3-
I say to this Committee, quite sincerely, that if the purpose of this Committee
is to promote the welfare of the colored race, that it is going about it in the wrong
way. Certainly, the attempt to promote the negro race of less than twenty million
people in the United States against the will and wishes of the majority of the remaining 160 million cannot do anything more than swell in the breasts of the vast majority of the American people a deep feeling of resentment and contempt and it is obvious upon reflection that such a condition in this United States has not improved
race relations.
It has often and falsely, I think, been said that it is necessary that we pass
public accommodations laws in_ the United States so as to impress foreign nations,
and naturally the question arises to me: what nations are we trying to impress? Are
they the nations that we have been continually financing and do we have to ruin our
whole civilization and our mode of living in order to try to create an impression? I
believe that a careful look at and a survey of many of the nations whom we think we
have to impress, would only serve to convince us of the utter futility of such an
attempt. Those nations, many of them, have century old customs, prejudices and
feelings which would never be changed even though the United States did a somersault and acrobated itself into ruination and oblivion.
There was a time when the Communist conspiracy talked in terms of worldwide
revolution. That attitude on the part of some Communist nations has now changed
to a policy of slowly degrading and d emoralizing the United States as one of the
main capitalist nations and with further attempts to harass and ruin us economically.
I believe, with other great and prominent men, that the Communist conspiracy to
wreck the United States is certainly being overjoyed at the almost fanatical attempts
being made by many organizations to ruin this great country and that the Communists
are well up in many of these movements of agitation for public accommodations.
As a Democrat, I sincerely regret the actions and statements of the President
and his brother, the Attorney General, because I realize that if they continue and
persi st in their course of conduct to promote the negro population without regard to
�- 4-
-the wishes of th e vast majority of white citizenry in this country, that neither have
they promoted the ms elves politically nor have they advanced the well being of the
United State s as a whol e .
It ma y well be t hat my remarks here today will go unheeded and that men in
high places cognizant of the voting power of certain groups, will continue in this
fa l se mov e until confronted at the polls by an overwrought voting populace, who
will be so angry and disturbed that many of the present day office polders will be
de feated at the polls. In conclusion, let me say that I hope that the United States
Senat e will not approve any public accommodations law and will not attempt to hamstring t he Ameri can businessmen and cram such a bill down the throats of the
American people. It would be l he wiser and safer thing to do to have the people of
the U . S. express themselves at the polls in matters of this nature.
�,,.
,/
STA~ OF
EDGAR S. KALB
of
MAYO, MARYLAND
BEFORE THE COMMITTEE ON COMMERCE OF THE UNITED STATES SENATE
IN RE:
s . 1732
The "Interstate Public Accommodations Act
lat Session
88th Congress
( l)
SCOPE OF STATEMENT
(a) The scope and purpose of this statement is to present to the Committee
evidence to show that the provisions of S. 1732 should not be made applicable to
the operation of privately owned and privately operated bathing beaches, which
beaches a.re located in states in which the State, Federal Government, or any
County or Municipal Corporation, or other public tax-supported body, operates
or maintains any beach or beaches, which a.re open to the use of all persona.
(b) To propose to the Committee certain amendments to S. ·1732 to effectuate
such exclusion, and to suggest certain amendments designed to eliminate certain
injustices from the Act.
( 2)
DESCRIPTION OF THE TYPES OF BEACHES FOR WEICH EXCLUSION FROM THE ACT
(S. 1732) IS REQUESTED.
I
(a) Examples of the types of beaches for which e:ic.emption from S. 1732 is
requested a.re the approximately twenty-one privately owned and privately operated
bathing beaches which a.re located on the western shore of the Chesapeake Bay and
its tributaries in Maryland.
Of these twenty-one beaches, fourteen a.re located in Aime Arundel County,
south of Baltimore; four are located in Baltimore County, north of Baltimore City;
and three are located in Calvert County, within approximately 25 to 35 miles of the
District of Columbia. Approximately three of these privately owned beaches a.r"
fully "integrated."
(b) Gene,rally speaking, these twenty-one beaches, with a few exceptions,
are "family O'Wlled and operated, 11 and have been so owned and operated for several
generations.
(c) Moat of these small bathing beaches are located adjacent to small residential communities, and in a certain sense are practically part of those residential comm.unities.
(d) Based on personal experi-Mlce and personal observation it is estimated
that the total gross annual business done by these twenty-one beaches will be
le.as than five millions of dollars.
( 3)
PUBLICLY OWNED AND PUBLICLY OPERATED BATHING BEACHES LOCATED ON THE
WESTERN SHORE OF THE CHESAPEAKE BAY IN MARYLAND •
(a) The State of Maryland operates two very beautiful public bathing beaches
on the western shore of the Chesapeake Bay within easy access from Baltimore City,
Washington, D. C. , and the adjacent metropolitan areas; namely, Elk Ne ck State
Park and Beach, north of Baltimore City; and Sandy Point State Park and Beach,
south of Baltimore City (within Anne Arundel County). Both are within easy access
to both Baltimore and Washington by excellent roads. (Sandy Point State Park and
Beach ie located in Aime Arundel County and annually has more than 300,000 visitors.)
Baltimore City owns and operates a beautiful bathing beach, located in
Anne Arundel County, south of Baltimore, and within about 35 miles of Washington,
D.C.
Furthermore, according to newspaper reports, the Federal Governl119nt has
recently devised a beautiful waterfront property located in Anne Arundel County,
within 25 miles of Washington, D.C., and within about 36 miles of Baltimore City,
consisting of approximately 265 acres of land with more than a mile of waterfront.
This property could With little expense be converted into an additional waterfront
park and beach by the Federal Government for the use of all of the public.
1
�2
(b) It i s astimated that the total acreage and miles of waterfront available
to the pubii0 itl publicly owned beaches on the western shore of the Chesapeake Bay
in Maryiarld i s in excess of the total acreage and the total mil.ea of waterfront
ope~eted as private beaches in Maryland by private ownership.
( c} In no instance does it appear that the patronage of these publicly owned
operated beaches has reached anything near their maximum potential patronage,
and there is absolutely no present lack of sufficient bathing facilities available
t o the general public, in the immediate vicinity of Baltimore and Washington.
and
(d) In addition, the many miles of beach front on the Atlantic Ocean at
Ocean City, Maryland., are owned by Worcester County and are available to all persons.
Furthermore, the State of Maryland is presently acquiring an extensive
eXl,)anse of Asseateague Island for use as a public beach.
SUMMARY
BASED ON A NEED FOR ADDITIONAL BATHING BEACH FACILITIES, THE
PUBLIC NEEDS ARE MORE THAN ADEQUATELY PROVIDED FOR, AND THERE
IS NO JUSTIFICATION FOR REQUIRING THE PRIVATELY OWNED AND
PRIVATELY OPERATED BATHING BEACHES TO ACCEPI' UNDESIRED PATRONAGE.
( 4)
THE "FINDINGS" AS SET FORTH IN SEC. 2 of S. 1732 FAIL TO ESTABLISH ANY
VALID FACTS SUFFICIENT TO JUSTIFY THE INCWSION OF PRIVATELY OWNED AND
OPERATED BATHING BEACT-lES WITHIN THE CLASSIFICATION OF BUSINESSES TO "WHICH
THE PROVISIONS O.F S. 1732 ARE APPLICABLE.
AS INDICATED BY THE FOLLOWING
ANALYSIS OF THE ~;FINDINGS: 11
Sec. 2 (a) of the "Findings 0 sets forth no basis for such inclusion, as
bathing beaches are abundantly available to all persons in Maryland. at publicly
owned and operated bathing beaches, and in addition in at least three privately
owned and operated beaches, which three beaches are fully integrated.
Sec. 2 (b) of the "Findings" sets forth no valid basis for such inclusion
as none of the twenty-one privately owned and operated beaches, insofar as known,
offer overnight accommodations (all being within commuting distance of Washington
and Baltimore, and all catering to daily transient business only).
Sec. 2 (d) of the "Findings" sets forth no valid basis for such inclusion
as the movement of 0 goods, services and persons" applicable to the operation of
bathing beaches; with but minor exceptions, does not 11move in inter-state cmmnerce_;,11
and, strictly defined, bathing beaches are not places of amusement as used in
Sec. 2 (d) but rather are places of participating recreational activities," as
distinguished from. places of 11 amueement. 11
COMMENT
The 1'Findings 11 as stated in Sec. 2 (d) would appear
to be mere expressions of opinion - entirely unsupported
with any factual basis in support of such opinions.
Sec. 2(e) of the "Findings" would not appear to be applicable to bathing
beaches, generally speaking, as they would not appear to fall into the classification of "retail establishments" as used in this sub-section.
Sec. ~( f) of the "Findings" sets forth no basis for the inclusion of bathing
beaches in S. 1732, as these beaches are not located in any city. They have no
facilities for holding conventions, and generally speaking offer no acconnnodations
for overnight visitors.
Sec. 2( g) of the 11Findings" sets forth no basis for the inclusion of bathing
beaches in S. 1732, as in no instance are there any business organizations seeking
services in any area affected by the operation of these beaches.
All of these
beaches are located in remote rural areas where their presence contributes ext~na1vely to the local economy, and which economy would be seriously injured as a
r esult of these beaches being forced by law to accept all persona. This would
result in a certain lose of business and a resultant loss of employment opportunity by the residents of these rural beach areas.
Sec. 2(h) of the 11Findings" sets forth no applicable principal or basis for
the inclusi on of pr ivately operated beaches in the provisions of S. 1732.
�j
In the caee of these priva~ly operat@d beaches, no discriminatory practice is
"encouraged, fostered, or to;l.erated" in any degree by the Governmental authorit10s
of the State in which they are located, or by the "activities of their executive
or judicial officers.
COMMENT
As applied to the operation of privately owned and
operated bathing beaches in Maryland., Sec. 2 (h) is
a statement of opinion unsupported by any factual
evidence .
Sec. 2 ( i) of the "Findings. 11 The conclusions set forth in this sub-section
are not applicable to privately owned and privately operated bathing beaches in
Maryland, as these beaches n~ither "burden nor obstruct commerce, 11 and the use
of the commerce clause of the Federal Constitution for the purpose of imposing
integration on these privately owned and operated beaches is a perversion of the
Commerce Clause, for the purpose of effectuating a highly dubious purpose, concerning which purpose there are wide differences of opinion 8.Il.Q. which principal
is not generally accepted by large segments of the population.
It is not the proper function of government to l egislate for moral
purpose e .
Nor is it a proper function of government to deprive any ee gm.en t
of the people of their inherent right of the self determination of their
associations for the sole purpose of appeasing the demands of another segment
of the people in their desire to satisfy their social ambitions.
(5) DESPITE THE FACT THAT TEE 11FINDINGS 0 SET FORTH NOT A SINGLE VALID BASIS
FOR THE INCLUSION OF PRIVATELY OWNED AND OPERATED BATHING BEACHES IN THE
PROVISIONS OF S. l 732 , NEVERTHEIESS SEC . 3 OF THE ACT . IS SO BROADLY
DRAFTED THAT SOME, IF NOT ALL, OF THESE PRIVATELY OWNED AND OPERATED
BEACHES WOULD BE INCLUDED .
(a) The provisions of Sec. 3 (a) (3) (1) and Sec. 3 (a) (3) (ii) apparently
would be applicable to any privately owned and privately operated bathing beach
which fell within the stipulations of these two sections.
(1) Considering sub-section (11) of Sec. 3 (a) (3) first, the
language used in this sub-section which states that if a II substantial portion of
any goods held out to the public for sale, use, rent or hire, has moved in interstate commerce, makes it almost impossible for any bathing beach operator to
determine whether or not his operation comes within the purview of this Act.
There is not a beach operator alive who
that a "substantial0 portion of the goods, sold at hie
inter-state commerce, because there is no standard set
anyone in determining what constitutes a "substantial"
for sale, rent or hire.
could know for a certainty
beach, had not moved in
forth in the Act to guide
portion of goods held out
To determine what constitutes a "substantial" portion of goods in
any case will require a court determination.
It well may be that there will be
as many different decisions as to what does constitute a "substantial" portion
of goods as there are District Courts and Courts of Appeals in the United States.
It would appear that even the Supreme Court would be unable to lay
down a hard and fast rule as to what constituted a "substantial" portion of goods,
which rule could be applied to all cases.
The inclusion of the word "substantial" in the Act does not appear to be a
loose use of terminology, but rather it appears to be a careful and well-studied
use of this word, for the purpose of making the Act uncertain and unclear, with
the object in view to force the operators of em.all businesses into compliance
with this Act, because they would be unable to stand the expense and difficulties
involved in litigating the question.
THE RESULT BEING THAT THE INCLUSION OF THE WORD "SUBSTANTIAL" IN
THE ACT WITHOUT A .PRIOR DETERMINED STANDARD AS TO WHAT DOES OR DOES NOT CONSTITUTE
A "SUBSTANTIAL PORTION OF GOODS MAKES THIS ACT LEGISLATIVE DURESS - - THE
OPERATOR OF A PI.ACE OF BUSINESS MUST EITHER YIELD TO THE DICTATES OF THOSE
EMPOWERED TO INSTITUTE LEGAL PROCEEDINGS AGAINST HIM ON A CHARGE OF NON-COMPLIANCE
wrrH THE ACT, OR ELSE ENTAIL EXPENSIVE UTIGATION.
The same lack of clearness and uncertainty as to what is intended
manifests itself in the u.ee of the words "moved in interstate commerce" in the
same sub- section .
�4
There ia, of co~se, no difficulty in determining that if goods
are transported in inter-state COlllJnerce directly to the operator of any place of
business, then cl.early such goods have moved in inter-state commerce and are
covered by the Act.
But what about goods which movt3d in inter-state commerce ih the
normal course of trade, and have come to rest vrl.thin a state, and are in the hands
of a dealer in such goods for re-sale in intra-state commerce?
If the operator
of a privately-operated bathing beach were to purchase such goods f'rom a dealer
in intra-state commerce after such goods had previously been transported in interstate commerce, would the prior inter-state transportation imprint follow these
goods into the hands of the beach operator who had purchased them in intra-state
cOlllI!l.erce?
How could a beach operator who had purchased such goods be certain
under the language used in this Act that he would not or could not be charged with
offering "goods which had moved in interstate commerce and thereby be subjected
to litigation or threats of litigation for being in violation of the provisions
of this Act?
Unless the words "moved in interstate commerce" are clearly defined
and limited in the Act by proper standards, the use of such undefined words will
enable those authorized to institute litigation uder the Act to use the Act as a
form of legislative duress - to com:pell the operators of ..email businesses and
others who cannot afford the costs of expensive litigation to either yield to
the dictates of those empowered to institute litigation under the Act, or become
involved in expensive litigation which they may be unable to afford.
The inclusion of the words "substantial portion of goods" and the
use of the words "moved in inter-state commerce" as used in the Act, give those
empowered to institute enforcement li~tgation the powers of AUTOCRATIC DICTATORS.
Furthermore, the inclusion of these words with no limiting or defining standards in the Act permits the Act to be used by persons with ulterior
motives as a vehicle for LEGALIZED BIACKMAIL AGAINST THE OPERATORS'- OF PRIVATE
BUSINESS.
FOR THE CONGRESS TO PIACE SUCH AN UNRESTRAINED POWER TO INSTITUTE OR THREATEN
TO INSTITUTE ENFORCEMENT LITIGATION IN THE HANDS OF THE PUBLIC WOUI.D BE A
BETRAYAL OF THE AMERICAN PEOPLE.
(2) The provisions of Sec. 3 (3) (1) would appear to bring the operators of privately operated bathing beaches within the Act, if " goods, services,
facilities, privileges, or advantages or accommodations •....• are provided to a
substantial degree to interstate travelers. 11
The same uncertainty and requirements for a determination by the
courts, as previously discussed, would likewise face every operator of a private
bathing beach to determine what was, or what was not, a "substantial degree of
interstate travelers," as used in this sub-section, and the operators of private
bathing beaches would again be at the mercy of those empowered to institute
enforcement litigation, and would be subjected to duress and threats to instigate
enforcement litigation, with its resultant burden of heavy costs, or else surrender
and comply with the provisions of the Act.
As to the twenty-one private bathing beaches cited in (2) of this
Statement, the application of this particular provision of the Act would be
chaotic and unequal, as between the several private beaches, for the following
reasons:
( a) As to the beaches enumerated, which beaches are located to
the north of Baltimore City, it is probable that leas than 1 per cent of the
patronage of these beaches is from other than residents of Maryland.
{b) As to the private beaches which are located in Anne Arundel
County to the south of Baltimore and which beaches are not more than twenty
miles distant from Baltimore, a similar condition probably exists.
(c) As to the private beaches which are south of the Severn River
in Anne Arundel County, the proportion of out-of-state patrons may rise to as
much as 30 to 401,.
(d) As to the beaches which are located in Calvert County, the
percentage of non-Maryland. patrons may rise to as much as 60 or 701,.
The result being that out of the twenty-one beaches cited in this
Statement, possibly el.even would not have more than 1% of out-of-state patrons,
while the other 10 private beaches would possibly have from 30 to 7Cffo of out-ofatate 1>atrons.
�5
Under this situation it is possible that eleven of these local
private beaches would not have to integrate and could continue to operate on a
segregated oasis, while the remaining ten beaches would have to be integrated,
under the Aot, merely because their particular locations were more accessible
to out-of-state visitors.
ANY SUCH RESULT WOULD BE UNFAIR AND INEQJITABIE.
THIS POSSlBILITY IN rrSELF IS SUFFICIENT TO JUSTIFY AND TO
REQUIRE THE EXCLUSION OF THESE PRIVATELY OPERATED BEACHES
FROM THE PROVISIONS OF S. 1732.
{6)
THE SAME IACK OF DEFINI'IENESS AND CLEARNESS AND LACK OF STANDARDS IS PRESENT
IN SEC. 3 (b) OF THE ACT (PAGES 6-7 OF THE ACT).
THIS SUB-SECTION PROVIDES
FOR THE EXCIDSION OF "BONA FIDE PRIVATE CLUBS OR OTHER ESTABLISHMENTS NOT
OPEN TO THE PUBLIC."
What is a bona fide club? Are so-called "Key Clubsrr bona fide clubs as used
in the Act? If in the operation of our private bathing beach we limit ad.mission
to persons who have applied for and have been given a "Guest Membership Card"
entitling them to admission, with non-holders of such cards being excluded, does
that constitute a bona fide club or other establishment not open to the public?
Under our present operation, we have a sign at our entrance which reads that no
invitation is extended either expressly or impliedly to visit our beach, and
that admission is by invitation of the management only. Is this type of operation
covered by the exclusion as to "other establishments not open to the public" as
used in the Act?
The answer to these questions does not appear in the language of the Act itself. How are we and other beach operators to determine whether our operations
qualify for exclusion under this sub-section?
What standards are set forth in the Act to guide us in our determination of
these questions?
What standards are set forth in the Act to enable the courts to determine
what are bona fide clubs and what are other establishments not open to the public?
Under these conditions we, as beach operators, will be at the mercy of persons empowered to instigate enforcement litigation.
We would have to either submit to their dictates and abandon our right to
operate under what we construe to be the law, or else be subjected to expensive
litigation.
This makes it possible for those empowered to instigate enforcement litigation to exercise duress upon the operators of these private beaches in an effort
to compel them to integrate their properties.
(7)
JUSTIFICATION OF THE RIGHT OF THE PRIVATELY OWNED AND PRIVATELY OPERATED
BEACHES TO OPERATE ON A SEGREGATED BASIS.
(a) The "Findings 11 as set forth in Sec. 2 of the Act set forth no factual
basis for including privately owned and operated bathing beaches under the provisions of the Act.
(b) There is no lack of available publicly owned and
beaches in the Maryland area, and persons who for personal
to patronize these public beaches should not be denied the
to them for their patronage, privately owned and privately
patronage ia compatible to those persons who do not desire
publicly operated
reasons may not desire
right to have available
operated beaches, whose
integrated bathing.
(c) Privately operated beaches should not be denied the right to offer
segregated services for the use of such persons.
continued on page6
�6
ANALOGY
The operation of these privately owned and operated bathing
beaches falls into the same category as does the operation of private schools.
The State operates public schools, paid for by the taxpayers,
for the use of all persons.
Persons who for personal reasons do not desire their children to
attend public schools should not be denied the right to send their children to
private schools whose enrollment may be segregated, and such private schools
should not be prohibited by law from operating.
Likewise, the State of Maryland, the City ~f Baltimore, and
certain counties operate public bathing beaches, paid for and maintained by
the taxpayers.
Persons who do not desire to bathe with the persons who patronize
these public beaches should not be denied by law from having available to them
private beaches, whose patrons are compatible to their customary assoc~ations.
The Federal Government has available waterfront property in
Anne Arundel County for use as a federally operated public bathing beach.
( 8)
POSSIBLY THE MOST REPUGNANT AND UN -AMERTCA!IJ PROVISIONS OF THIS ENTIRE ACT
ARE THE PROVISIONS OF SEC. 5 (PAGES 7, 8, 9 OF THE ACT) , WHICH SECTION
EMPOWERS PRIVATE CITIZENS TO INSTIGATE ENFORCEMENT OF THE ACT.
This opens the door to harassment and worse by vindictive persona
and also opens the door to extortion through threats of instigating unfounded
enforcement litigation, and creates by law, as previously stated, a vehicle
which could be used by unscrupulous persons as the basis for Legalized Blackmail.
It is suggested that Sec. 5 be stricken from the Act in its
entirety, and that in lieu thereof, that criminal penalties be written into the
Act, to be enforced by the Attorney General.
The additional effect of striking from the Act the present provisions relating to so-called Civil Action for Preventive Relief, and substituting therefor criminal penalties, is that with criminal penalties inserted in
the Act, the language of the Act will have to be clear and ~efinite so as to
meet the Constitutional requirements relating to criminal laws.
�7
SUGGESTED AMENDMENTS TO S. 1732
Suggested Amendment No. 1:
Aft er the end of line 3 on page 7 of the Act, insert a new sub-section
to r ead as f ollows.:
(c)
The provisions of this Act shall not apply to a privately owned
and privately operated bathing beach nor to any facility contained
within the boundaries of any auch privately owned and privately
operated bathing beach, which beach is located within any State,
or in any County of any State, in which State or County the State,
County, any Municipal Corporation, the Government of the United
States or any Department or Agency thereof, or any other public
authority maintains, operates or makes available to the general
public without discrimination as to race, color or creed, the
facilities, services, privileges, advantages or accommodations
of such publicly operated or publicly o:wned bathing beach.
Suggested Amendment No. 2:
In pages 7-8-9 of the Act strike out all of Section 5 and insert in
lieu thereof criminal penaltie s.
Suggested Amendment No . 3:
On page 9 of the Act a.mend Section 6 by eliminating all reference to
i nstitution of remedies by other than the Attorney General of the
United States.
�WILLIAM 0. COWGER
<c:DIFIFil<C ill: <O>IF "IrIHI.IE:
MAYOR
MA Y<O>Jffi.
J uly 15, 19 63
LEWIS
C.
Mr s . Anne Drummond
Executive Secretary to the Mayor
City of Atlanta
City Hall
Atlanta, Georgia
Dear Mrs. Drummond:
I did so enjoy talking to you on the telephone last
Friday and look forward to meeting you personally while in Atlanta
on July 31.
On July 12, 1963, Mayor Cowger issued an Administrative Directive concerning non-discrimination in City contracts.
For your information I am enclosing a copy of t his m emorandum.
Until I see you on July 31, I r emain
LCT:lo
TINGLEY
E X ECUTIVE ASSISTANT
TO THE MAYOR
�MEMORANDUM
OFFICE OF THE MA.YOR
WILL I AM 0 . COWG ER
MA Y OR
LEWIS C . TINGLEY
E X Ecu·Tl vE ASSISTANT
July 12si 1963
TO:
Al\ Depat>tment Heads
Dirrecto!' of Finance
City P.archas:wg Ageni:
FROM~
VJi l)l.iam 0. Cowge:r
l\rmyox- of I..i0uiS"1HJe
SUBJ"ECT:
Adminis~·ative Directive Concerning Non- Dim~ri miratio1.1
Clause in City Contracts
In .the oz·dinance ~stabHahmg the LouJ.swille Human Relations Commission;,
the B<"'sird of Ak1ermen and this offi~·d decla:red t~t nuie practice of disex-!mim.tion against any J.n:e:Uvidual ox- g?"oup because ·of 1raee, CR"eed., colior
or national o:rrigin~ is contrax-y to g!>Od public policy and detrimental to the
peace& prog-;:-ess and werl:a:re of the Cityo u We _alaQ :recognize that the
lack of full }.'l'Ai"tic1pation of a.ray lrnl!vidual in _the privileges of full member~
ship in the com.munity r·etards the p.?ogress oI the community and effects
the generral well-being of all ol its cftU.zenso " Fqrtliermol"e 51 it is :my s ince:re conviction. that
of the peoplt) of LmdsvHle arre e ntitled to benefit
an
equally from the expenditure of publ\c funds collected in taxes~ :regardless of tlieh' !"ace O:Z' religion_~
In fu:rtheram;:e of lilis policy again.st discrimination., I am issuimg this administrative direetive to all City De_r-a,rtment Directorso .Begbmmg Augins
1" 1968 51 all cont.r-a.cts and invitatiooo to bid which must be app:roved by me
under the Statui,,1as of the Commorrw<:ialth of Kentucky and. the Ordinances of
the City of Louisvillei11 the foUowi~.g ~J.ause is to be included:
Tne contt"~.etor a):rees that int.he performan~e
of this agreement with tile City of Loufaville, it
19
will comply with all a.pplicable State and local
laws and :1~egulci1:t1.ons r,md will not_discriminate
against ~ny emp·:oyee because of racep c:reed.,
COlOll"~ r,iligion or national OT!gmo The COntractOi' further a.gr1ies that he will not disc:rim!nate
in hls employm11r t pneticesp whi~h would include
"Find a way it can be done, instead of a way it cannot" ....•••. MAYOR COWGER
�July 12 9 1963
Page two


recruitment: demotion or iransfer, lay- off


or teX'mina.Honp OT in irate of eompensationo "
If anyone has any questior.1 a iconceTn!ng this memoram:llwnl) please con-
tact my office o
WOC/ mb
'
�Gentlemen, I have the honor, privilege and responsibility of
serving as Mayor of the leading Southeastern City of Atlanta, Georgia.
Atlanta has a City population of slightly over 500,000 people and a
metropolitan population slightly over l , 100, 000 people.
The 500, 000
people that make up the central City of Atlanta consists of 300, 000
I
I
white citizens and slightly over 200, 000 Negro citizens.
In general,
Atlanta is 60% white and 40% Negro.
Nowhere is the problem of the elimination of discrimination
-b tween the race _ more prevalent than it i
to the local elected official
who must wrestle with and solve this problem created by circ"Um ta.nee
beyond bi control and th n ignored by the r sponsible
lend definition to th
solution.
I
rties who hould
peak of the probl ma having b en
brought into iocu by Supreme Court deci ion and then generally
i nor d by the Pr sid nt and Congre
Faced
ly with the
of di cl'imin tion
often wonder wher
most
t w
hav
ol
United Stat s.
bl
problem of the
i mination
directed by the F deral Court , loc 1 ofiici le mu t
the Con r
c:1 finition or - aplanation in th
probl m
'\Ul
of th
of the Uni d Stat a
tand in off ri
solution of th mo t diUlcult
tional
ver had.
W cannot h lp but look with mu ement. • • if not euapicion • • •
• c rtain member• of th Co
rea
dtb
s
4 nouno
th d ciaio a
�Page 2
of the Supreme Court and offer no relief to the dilemma that local
officials are confronted with in carrying out these decisions.
You
gentlemen must be conscious of the fact that whereas P resident Kennedy
has made two appointments to the Court and there are
Eisenhowel' appointments and


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


ry t te ln Am i-ic -· and all cro


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





voluntary





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





ry •
�Page 4





In each instance voluntary action consisted of cooperative
action between operators of affected businesses and
responsible Negro leadership.
You can readily see that in some instances this has been under
· Court action and in other instances has been vol untary prior to Court
action.
In each in tance it ha
resulted in the white citizen giving up
pecial privileg s which be enjoyed under a segregated society and bas
Negro ditizen being given rights which all other people
re ulted in th
had and which he did not previously enjoy.
It would
tr nsition ba
well for me to expl in to you how limited this
b en and bow little of it tM Ne ro citizen can
in even · t this time.
Out of hundred of r
d segregatio.n: affect les
t urants in Atlanta, th
than fifty of them.
bov ·
The hotel plan is based on
d . lthough prominent Negvo s hav
conv ntion
rticipat
b e:n cc pt din
hotels, th Ne ro citiz n UI as a whole a ldom hows up.
With
in Atlan , on of Atlanta's leading r
urant
there
h d ixte n . of th m to din ;.-1,.a during th fir t w k of it d s gr
tion
Z0-0, 000 Negro citiz n
and
not bad
y
ince tbi8 clay.
All of thi ,
ntlern n, l
of economics and it ahould be remember d that the right to u
do
low
not in
y
omic
y indicate that it wW
roup.
uaed
qu ation
eom thing
91 or miau ed by
�Page 5
The above statements concern the actual changes in Atlanta' s
elimination of discrimination.
.....
May I now ubmit to you my per onal reasons why we think
Atlanta. ha . resolved ome of these probl ms whereas in other Southern
citi a , tb.e solution has seemed to be impossible and strife and conflict
have result d .
It would be best for me to de crib a rec nt visit of an offiei l
delegation from a gr
t Eastern city that bas a N gro population of over
600, 000 consisting of in
xc:e s of 20% of their whole population.
came to Atlanta to det rmine
we:i-
hy we had gone furth r with ucc s
njoying a great conomie pro
rity wher
and an un mploym nt rate of
three tim s of what Atl
'a wa.a.
ce bring
hav gon
to
conomic pro perity.
, th two
tall of our civic
ould
-rdly b li
ffort to solve ·oui- anv
t1l y t
di • · .eked by th
d e rrted out by the City Go~rnm•nt
. maelv•• with
d
d political int r st of AU nta had in~ ntly
U with ita N gro popul tion. l do ·
that they ar convinced t
int•re t
sadly referrin that
th r.
busln s , civic
concerned it
pproxima.ti ly
How v r, in Atl n
tion ehnply did not under tand
t th
and
they w re having
unlimit d racial probl m
I am not n c
They
blic
e daily co cern d
t problem •• 'Ill, and that 18
�Page 6
race relations.
Gentlemen, Atlanta bas n ot swept this question under
rug at any point. Step by step .. sometimes under Court order -
th
sometimes voluntarily moving ahead of preasures - sometimes adroitly' an.d many time
clumsily - we hav tried to find a solution through an
£feet d whit own rship and the Negro 1 adersbip
agreement between the
to each of these probl ms .
have not appoint d a. huge bi- racial eommittee that
To do this w
b com
a stop-gap for every cone ivable que _tion, but on the oth r ha.J)d
each tim th probl m bas eome into focus ,
own r
to deal with th · top N
the top N gro le der
ro 1
der
e have appointed th atre
.. or hot l own
l'
to de
- or voluntarily e rtain rest urant oWtl
l'
with
dealt
with th top N gro lead r hip , and by d v loping th lines of community
and
rt
pectability, w hav b en abl
0th r cit!
ba.v work d q
to r ac::b n amicable olution.
hard and in many in
lly
have £ led and U 1 would Uk to xplaln to you
ucc
d d wh r
v
th y
-1,,J:Jt.Mt
c
why I think we
om time f iled .
tla.nta b th c n r of high r N gro due tion in th · orld.
Th r
re six r
City Umita.
Morna Bro
d Coll I
They r
Atlanta Univ r lty, Cl rk Coll g , Mor
Colle e , Spelm
•
e area.
ve ·c
t
re
loc t d inside our
Colle
d an in rd
r •ult of high r
umber of int 111
in ln tbi• <:ity.
due tio
n1~ well-ti-ai
o
in a
oua •
t1onal
ble ln
d N 1ro cut~ n
reeuU f thelt tr ,
and
v
�---- -
Page 7
higher education they have had the capacity to develop a great Negro
business comm.unity.
1n Atlanta it consists of financial institutions
like banks . - building and loan associations - life insurance companie •
Uk the Atlanta Life Insuranc
dealers.
Company - chain drug stor s - real e tate
Jn fact, they have developed, I believe, in almost every line of
acknowledged Am rican bu in ss.
Then there is another strong factor.
In Atlanta there is a strong daily N gro newspaper - Th Atlanta Daily
World.
Owned and operat d by a prominent Negro family - the Scott
family - th y operat
chain of daily and we kli s throughout th country.
the str rngth of a daily n w paper with ve ted intere t
But it i
an ducated religious and bu in
community that carri
eked by
its voic
to th
Negro citizen •
Do not be mi led by th word 11 con erva.Uv " a
d
irou• of dditional civil
d economic
Am :ric n citi _n ie.
They imply r
obtain \h
nit i
right
to tb end of obtainin th
th m
iv · s.
to er ate
e r1 ht
th y
r
d per onal ri ht a
liz that it i
ae
y
mor impo,:tant to
mon tr tions. And it i
that th y const.antly addr •
�:· I
!
Cientlemen, I bav the honor. privilege
ano r
spon ibility of
erving a.a Mayol" of th leadin Southea tern City of Atlanta, Ci orgia ..
Atlanta has a City population of li htly over 500, 000
ople and a
m tropolitan population lightly over 1, 100, 000 peopl •
Th,e 500, 000
peopl
that make up the central City of Atlan
consist of 300, 000
whit c:itizen and sli htly ov r ZOO, 000 Ne ro citizeiis.. In gel'J; ral,
Atlan
60% whit and 40% Ne ro.
i
Nowhere i _ the probl mot th
bwtwe
limin tion of di . crimination
the race mor pr v 1 nt th.an it is to the local el cted offiei
ith nd solv tbi - probl m creat d by circ
who must wre tle
b yond bi control and
n ignor d by th r
1 nd deliJ.lition to the olution.
brought into foe
I
peak ,o f the problem
i nor d by th Pre ident and Congre
F c d daily
,t,h th
i-
definition or
We c
h re
of th
t b lp
vin
hould
b en
nd then en rally
United S
~
th Feder
t ,.
Couts, loc
• of the Uni d Stat
tio
who
almost un•olvabl probl m 0£ th · imination
of di crimina.tion a, dir eted
often wond
rtie
pon ibl
by Supreme Court d ci iona
tanc s
ln th • luti
offic l• m · t
atan
in offerla&
of th molt dlfilcult
t loo wit amu
me.nt ••• U ot au.a
tional
elo
•••
• d cial
�Page Z
of the Supreme Court and offer no relief to the dilemma that local
official$ are confronted with in carrying out these decisions.
You
gentlemen must be conscious of the fact that whereas President Kennedy
\
has made two appointments to the Court and there are
Eisenhower appointments and


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





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


'*lit t


why I thin
r N
ro due tion in the
e bay.
orld.
.
d Collea • loca din id o r
Th y are Atl 11ta UDiveraUy. Clark Coll•g • Mor
Colle
lt
aometim a f 1 d.
'
Tbet ar •ix gr at Negro Univ raiti •
Chy limit•.
d
ch an amic ble olutio •
· to xplaln to yo
cent . r of big
tlanta. l•
taurant owner
ve work d. qually aa hard and in many lnsta ces
hav fail d and U 1 ould U
•ucc
to de l with
d rehip , and by developing the line . of community
bility, we have been bl
cut •
ppoln d the tre
,
• Spelman Colleae a 4 a
1
•
t umber 0£ in lli1 nt.
re
•
Uy. A1 a eeult
,f
\
�pg 7
high r e ducation t
bu ine
y have bad th capacity to de
community. lo
lop a great N
tla.nta it con i ts of financial in tltutions
like bank - building and loan a
ociation - lif insurance companie •
lik, th Atlanta Life Insurance Company • cha.in drug tor
In fact, th y ha.v · d velo
dealer·s .
tlanta there i
a
tron daily N gro n
£ mily • tlley o
But it 1
nte
chain of
No ro citi
and busin a community that c: rri
cltb
la.
T
ord "con · rvatlv
d c:onomic
y simply realie
•• righte tbaD it le to er
d of obtatnln th a rights
them el
Atlanta Daily
ck d by
!ts voice to the
•
iroua of adclitlonal civil
Amelie
paper - T
tron ! ct.or.
per with ve ted inter . ta
Do not be mbl d by th
d
anoth r
ly and w ekliea thl'oughout th country.
atl'ength of
ducated r U o
i
promin nt Ne ro 1 mily - dl Scott
Own d and oper t d by
World.
. - r al e tat
d, I beli ve, in almost evei-y line of
cknowledg d Am dean bus in s • Then th r
In
ro ·
•·
ir
a
th y ar ·
raonal ri ht•
any
t it :la mor impoJ'taAt to
d monetrat1
•· And it i
t th y con tantly ddr ••
\
�Gentl men, I hav-e the honor, privilege and r sponsi hility of
Mayo7 oi the leading South a tern Ci ty of Atlanta., Georgia.
rving a
I
Atlan.t a ha a Ci ty population of li htly oveJi' 500, 000 people and a
m tropoli tan popul tion lightly over l , 100, 000 people.
people that make up the c ntral Ci ty o:£
Th 500, 000
\
tlant c on i st of 300, 000
. bite citizen and slightly over ZOO, 000 Negro citiz n • In en ral,
Atlanta i
60% whi te and 40% Ne,g ro.
o here ii the probl mot th elim
. b tween th rac
ho must
more prevalent than it i to th local electe-d offiei
re tie with and . olve thi - problem ere ted by ci rcum tanee
beyond hi con.trol
lend defini'tio
d then ignor d by t
to th
brought into toe
i nor
tion ol. discrimination
by tb Pr
olution.
by Suprem
l
r
pon lbl
rtie
pe k of th problem
ving b e
Co\U't d ci ioae nd then
t
id nt and Congre • of th United S
•
ac d daily wltb Ui·· almost un olvable probl mo! th
ot di
criminatlon
r esofth U ited 5
d finitlo 01'
m
W ee
a• ce_r
v · ever
ot
lp
ber1 ft
t
•
nda In off ring
of th moat dilflcult
• lu ·
t
im!nation
dir et d by th F deral Court , local official• mu t
d.er
p1'0
ho hould
tional
d.
mue m nt. • • U ot
re•• a
1
clo
...
�Pagel
of the Supreme Court and offer no relief to the dilemma that local
officials are confr-o nted with in carrying out these decisions.
You
gentlemen must be conscious of the fact that whereas P resident Kennedy
ha.a made two a p pointments to the Court and there are
Eisenhower a pointm nts and


Trum an appointment
and

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


din oth r instance


In
· wbicb he enjoyed unde:r
ulted in. t e N gro ditiz n
d
ry prior to Court
· re ulted in the white citizen giving up
epecial privil
r
been volun
been und r
d wbic:b h
did not previou ly
It would
tran Uion ba
ing giv n ri ht whicb all oth r people
njoy.
well for me to xpl in to you how limited tbia
n nd ho
m
ven t thb time.
d
e
little of it th N gro citi en can
Out of h
of r
dr d
d althou h prominent N
botele, th N
ro cltiz n
U~
aa a
T
le
hot 1
v,
0
te
abov
urant in Atlanta,
rea tio aff ct le a than fifty of them.
convention
rtici
b ea ace pted in ev r
hole s ldom •ho a up.
With
200. 000 Ne ro citb na in Atlanta, one of Atlanta'
d e1xte
a d
of eco
of th m to din
t bad
•
m
•
y
tl du
ince tbia day.
& t
fir t
All of
thl••
U ebould be r membered
doe• not ha an way lndlcat
l w r ecc>nomic :r
p..
tio
g
t1 me , l• a ueatlon
t the ri
t it WW. be uaed
~t
to us
• methlng
or mbueed y
�Pae 5
The abov
tat m uto c onc ern the
c tual c
in At1 nta•
~ng
e lim i nation of diae rixnination.
M y I now ubmit to you my
raon 1 r
on
by
e :r 1olv d ome of the
Atlan
in other South r n
cltie , the olution hae eemed to be impo
ibl and trife and conflict
v resulted.
It would
dele ation f r om a gr
t E stern city that
600, 000 conabtin of in
cam. to
r
to de c rib
be t £or m
tlanta to det rmine
hy we
bat Atl
racial peace br
•
nd
ta'
Ne r o popul tlon of o ver
d gone furth r with
Joytra. a s r e t economic pro
th:r e tiQ'l • of
s
of 2 Oo/. ol th ir whol e popul don.
xc
ullmit d r eial probl m
rec nt vi ii of an official
uce a
r
rity w
not
conomic pro•perity.
c •
t
rily r
How ver. in Atl
d
vinl
un mployment rate of pproxi
wa • 1
Th y
tely
rrlng t
t
ta. th
0
hav go e tq thei-.
that the .,-.,...,~••• civic
it
C
that
ma
d political lnter •C of AUanta ba in ntly
U with tt, N · aro
ey ar convt ced
arl'ied o t by
hltere•t
•
d hardly 1-li .
im y did not und retand a d
Thi•
tlo • I
l)O
t &11 of o
dle•
• City Go
th an ff. rt to a 1•
ot bell
r
nun
c
t
raveet probl m •·
e
ic
ed
t 1•
�Page 6
race telation • Gentlemen., Atlanta ha not w pt thi qu
tion und r
the rug · t any point. Step by tep - · ometime under Court ord r ometime voluntarily moving a.he d of pr s ure
and many time clum ily -
-
ometim
droitly -
olutiou through · n
have tried to find
reem-ent betw en th: effected whit own rship and th Ne ro leader hip
to acb of these probl mo.
To do thi we have ·n ot ppointed a huge bi- racial c:ommittee that
atop- ap for v ry cone lvabl qu
becomes
each tlm th
o
problem bas com into focu •
era to de
th the top N
th the top N gro le d r hip ,
n bl to r
ctabllity,
hav fail d and
d
r · .. or hotel own r
th
ly a
I
re
ould li
'I
to•
ve ao
Um
ch an
b rd
ain to you
rs d
th Un
d by d velo.
O~r cUlea la
eucc e
e have appoint d th atre
dere - or volun rily certain re taur
th top N gro 1
and r •
ro l
tion. but on th 0ath l' hand
lt
of commtmit
· ic bl a lutloJl.
in i:nany instaz:&ee•
_.Att/:llt
by I
V
fail d.
rl •
Ther ar• •ix 1• at Ne ro OnlveraUlee and C ll
CUy Umlt•.
rr a
v•
ro
ey are Atl
•• s
• locaw
ta Ulllv r•lty, Cla.rk Coll•& •
C 11
u•••
�high r education th y have had th capacity to deVI lop a . r at Negr o
ln Atlan
bu ine s community.
li
banks - building
d loan a
it c:on i ts of financial in titutio.ns
oc:iation - life in u ranc
li~ th Atlanta Life bwu:ranc Company - c:
lers. Jn fact, th y
d
cknowled
d Am rican bu ine s .
Own d
family .. th y operat
c
But it is the tr
&
N
J"O
ro ne
th of
in o!
d buslne
paper - T
f,
etor.
Atlut.a
ily
nt Negro family - th Scott
d w
dally n•w
k:11 s throug
ut · e country.
per with vest d inter
ta
c
iroua of ad.di o
Americ
cU:1•
ls.
ord "con er
tiv
omic
re
civil and
Th y simply r
it • to c:r
to~
•• rla te tbat ·t hey con•
tbem.e lVl ••
they ue •
u
ri hh •
lite tbat It i8 mor impor
obtdn th e rights
dot obtainiD
d by
community that carrl • it vole to the
citiseu.
Do ot be mlal d by th
d
in drug _tor e · .. r eal
n ther is anothe;r stron
d operated by a prom
an duca.ted r Ugioue
e •
ve d veloped. I b Ueve, in almo t ev ry lin of
In Atlanta there ie a stron dally N
World.
com
U. df;moaetratlon •
d U i•
tly a dr ••
y
t
,
�CITY OF A TLANTA
Date
Area
A ction
9/61
S chool s
Court order
10/61
Department &t variety stores
lunch counte rs
voluntary action
1/62
City Facilities
voluntary (city offi cials)
5/62
D owntown and arts theatres
voluntary *
5/6 3
Negro firemen hired
voluntary (city ·o fficials)
6/63
Swimming pools
court order ... voluntary
decision to open pools
(ci ty officials)
6/63
18 leading hotels
voluntary,.
6/63
approx. 33 leading restaurants
voluntary*
\









In each instance voluntary action consisted of cooperative
action between operators of aff cted businesses and r sponsible
Negro 1 adership.
�B~ NA D SOUlH
332 Piedmont Ave., . E.
n
.-TA12tGA.
July 10th, 1963
\
Senator Richard Russell ,
Washington, D. c.
Dear Senator Russell:
I have followed 1th interest and
admiration the position you have taken on t he
iniquitous prpposed civil rights bill 1th aJ.1
of its dastardly implications . I strongly endorse
all that I have read in tho press of the strong
opposition you are providing and I encourage every
act within your po er to defeat this proposed
measure with all of its heartbreaking possibilities
including the ruination of many business establishments that ou1d occur in addition to an ending of
.freedoms in this country long enjoyed by its citizens,
all for the on purpose of playing for political gain
or negro votes . It apparently has never oooured to
the Kennedy .fant1ly or the loss ot hlte votos. they
must consider or do they ever atop to consider anything
h nev r the negro rai o hi voio?
I did not vote for Kennedy (nor Nixon)
nd 111 never vote for this politic l dictator who
holds the south in such contempt, ho sho s such utter
l ck of acumen for the high office ot Prosident . I am
oppos d to the insidious methods ho and hie family use
to seize control of this country for their own political
po1er gin.
is handlin of the negro problom shoe utt r
laek of maturity.
At evory opportunity praoented I exprea~
my vies to nll with ars 1th which to listen and it
i
y hope that e 1111 hav several million citizo ·
do 1ik 1se so that e might not be burdened with the
Kenndy f ily fter th pr sent t rm of office expir
Cordially your •
_/-'.'(
~ l . C £'2. ~
B natid South
-
•
�r
"
GREATER ATLANTA q::>UNCIL ON HUMAN RELATIONS -:- 5 FORSYTH STREET. N.W. -
Announcements •••••••P• 1
Atlanta Notes ••••• _. •P• 2
ATLANTA 3. GEORGIA
INSIDE
Civil Rights Bill ••• • • ••P• 3
Hotels & Rest·aurants •••• •P• 4
REPORT FROM.VvHITE HOUSE CONFBRENCES BY ATLANTA PARTICIPANTS, Monday, July 22,
7:p.m., Stouffer's Hearth Room. Dinner $2.40. Make reservations at Council
office (523•1581) by July 18, 1963. ·
I
In response to requests, more opportunitities for "members to know each other
and respond to interest in what went on at the recent series of White House
conferences on civil rights, the Greater Atlanta Council on Human Relations
has arranged for members and friends this dinner meeting, at which time 6
of the 25 Atlantans who met with President Kennedy at the recent series of
meetings will report informally on the significance of the meetings and their
application to the Greater Atlanta area. The others will be invited to attend
and to participate in the discussion. (We are proud that 6 of the 25 are
members of the Council. Those invited to speak on July 22, however, will
include some members and some non-members) COME AND BRING YOUR FRIENDS!!!





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








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















































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















































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
















"'






























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


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


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








*******














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





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








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


~ ~~*· ¥* ****** ***


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












































�..
'
BULi( R,i rr:-


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


l·N -~ l}MA:N RfLATIDNS
•HJ RSYTH ,ST .. N. w.
I
lLLANif'A :3, -G-E..OR.G-·-
U.S. PC ,-.~ ..
PAID~
Atlanta • Ge org1a
.
Perm it No. 281
�HAAS , DUNAWAY , SHELFER &
HAAS
ATTORNEYS AT LAW
LEON-ARD KAAS
JO H .N A .,.,DUNAWAY
SU IT E
WM . S . SHELFER
60 1 HAAS-HOW ELL BUI L DING
ATLANTA , GEORGIA
G E ORGE A. HAAS
JAMES B . P ILC H ER
HUGH F. N E WB E RRY
TE L E PH ONE
JACKSON 1- 1151
J ul y 11, 1963
Mayor Ivan Allen , Jr.,
City Ha ll ,
Atlant a 3, Georgi a .
De a r Ivan :
I am wr i ting you at t he r e que st of my wif e, and
a cknow l edg e I am gl ad t o do s o.
(1 Y Ge orgia Code , Sec, 5 2-101 reads as fal lows:
11
Under t he t erm 'i nn ' t he l aw includes a ll t averns,
hotels , and hou ses of publ i c gene r a l ente r t ainment
f or gues ts. All pers on s ent ertained f or h ire at
an inn are guests."
Georgia Code , Sec. 52- - 103 reads as f ollows:
"The innkeeper who advertises himself as such is
bound to receive as guests, so far as he can
accommodate them, all persons of good character
offering themse l ves, who are willing to comply
with his rules . 11
These Georgia Code Sections are codifications of
the common law which has been of force for more than a hundred
years both jn England and in all the states of this country.
(2) With respect to the decisions of the Supreme Court
of Georgia holding unconstitutional an Ordinance of the City
of Atlanta which prohibits colored persons from occupying
houses in blocks where the greater number of houses are occupied by whjte persons, I am giving you copies of two letters
which I wrote to Ralph McGill, one on December 12, 1960, and
the other on January 22, 1963.
�Page # 2
July 11, 1963
You will note that in my letter of Decembe r 12th
to Ralph, I men tioned that Richard B. Russell was of counsel
for the petttioners who secured the ruling of the Court decla~ing the Ordinance unconstitutional. Ralph was of t he
opinion that t he Ri chard B. Russell referred to as counsel for
the negro must have been t he father of Dick Russell, a s it was
de cided in t he year 1918 . Ra lph may be correct, I have no way
of knowing .
· Best wishes and mo re power to you.
Sincerely,
143.215.248.55 16:32, 29 December 2017 (EST)
LH:LPM
ENC.
Leonard Haas
�22,
1963
Mr. R lph
cG111 1
'rhs Atlanta Constitution.
AtlB.Dt, Georg1a.
Dear F.alpn:
I was a.el1ghted with your handlii;g oi tlle Glover · c se
(January 21st) columrJ entitled "The olly of
Barriers." It was splenu:1d.
iii your I
c, .iday
'lb r
a,.; 111d ed an a
11 r Georgi
c se t
the ·
~lo~er ca~e decidea by th~ 3upreme Court 0£ Georgia 1n 1915 1
1
eJy ,2..~rel'.·
r,1,1;y 9,r Atl Mk~~ ,.143 Ga, ,192,
.v,
While the. GlovGr cas~ was s:tmply a ptH' curjam i..lead.uote
d.c1~~C>! s" w'1th uo wr1tteu op1n10ll, 1n the C:1' ,:' c se Judge S
Atk1nson for the court wrote a magnificent opinion declaring
1913 .r\tlai1ta C:Jty Ordji.ai~ce proh:1b1t1DF. vh1te and colored perso.oa
1·ro res1d.tug :hJ the same block uucons Li t~ti oual. '£h1 s "' s lso
W·rujjmous dec!s:10n aud ~as later c1ted by the Supreme Court of
tht: \.1111 teu States :n JJµc.haµa.u y, }io[leY, 24;5 u,s, 6.0, where t
op1.n1on of the court !ncluded a lollg excori,t :from Judge Atk1nscm •s
op1n·i o.n 111 tne Carey case.
ncu
similar ord1nailce came oe1·ore the court, Judg
.Atk11.soll also wrote a short but vigorous diss~nt:!ng opjn10ll ill
liHclOl} Ye City 01' Atlanta, 14,
b:1
18
the O 1
v 14, wh1ch ca.,e w s subse"'uent
overruled by the Glov r
decision.
Gt'~ •..
H
C
1
CAM
ra
�Page
12
1963
This perhaps 1s a sh1niDg example of one of Ch1ef
Justice Bleckley's terse say1Jlgs: "That court is the best
which rel1es as 11ttle as poss1blG Oll its own opin1ons."
Best wishes.
S1Jlcerely•
Leonard Haas
1,HsLPM
P.S. Judge Atkinsou's decis1o.u in the Carey case as
also c1t~d w1th approv 1 by Judge Tuttle 1L! wr1t1ng for the F1tth
C1rcu1t Couxt of ; rpeals an opinion aff1rm1Dg o ... c of Skelly
right 's decj s1 vns str1kh!g Jown the ~ ...::,ui s.tana Statute seek:Jng to
ma11lta1n
re ' • T-
•J
.c.J -iu'"
1 " ,,
I::'
.._, _ ,. ~~ 164.
' ,. < "°
._. '-.> ·.-1,. •1
242 lid, 2d 119,


·


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" ' ' 0"1
'ri:'i•tY
+ tr- oar·~Wt. ,:., I
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+!
i?Mt
�D· c mber 12 1 1960
lialph McG111 1
. le:..'!') t ~- ~ 0
t , eo .. g1 •
., l
l
r)n
t
For yuu.r -tnfor, t 1on. 'I th1nk tl10 f'olloi.. 1r.g has a
b..,arJng o~ tn~ segregat!on quest1o~.
,-n 1.91\)
.
14'-- ;a. ~'-'.I,
i 1
the case v-"' Ql2ver· v.
_911.Y
.>f At! n
a~
.o:.1rL o-? Georg:ia :.~
..mai.1.mous \.:.sc1s1
held 1m"on::;~1t Lonal a ··1t:, of !·.'·lant- Ord1nance h1c .. 1 f ... rb
colore pc-H·son 1.0 :JccL~PY .;} '"t.:r.· 1n i.. lccL::. ,· ~r~ ._,1.1. . ~:..v 1.. !'
number o,,.. .,~-,~e·· · r~ o,'.."c 1 ad by ,-·h1tt De. :r:nf. (Pi-; .•. r-.i i.3.
R.issel . a, -r !0-.,1 ~l
I · ~ ·1e ,.._..,titjG:!v,!'.:: 1 h;) ..: ....,'lr--u tt.L.
ru11·
4'-f' · 1-.
,,
~ :·:1- , ·3c-'s1on 1_ st:1 1 " t. _ 1£',' o. (' org ~.
vJ.lJI·E-me
1,.it::
1 ••
4
I
• ••
, 341+ ·;,c:;.
1~ 1 '-.) 8 -in~····
t~)
U1
..
.::u
p! ?.T _ r·o.,rt r•. u ....... t_ e n fo r cE.: a c v'l .. "\+ t:1at nron.rty
not b. . . lf,t:::a or v ·e-1pf1:><.l by an;j erson u: ·:~J·- .., . ... .::,~~ c..,.. tL
""He co:.irt 1L.ld that tho <-lI'o::~c·~1..nt . t~.~li J1 .1
~4ch \rnendm~n~ . s - the }.~Li1 Amt:.,d.rr("nt ~ d"rt.-::· cd
.~ ')n - l: i •
. -- the "vi...r': f' .'.l' ,; -r h~lu. that t' J
c.t:!on u ,...,a
, , 1rt~. in e 1f')rc ·nG tn1~ 1·0str r-t.,., , ccJenar1t
• : t be r -~ r( ·,d fJ t. a t1on of" t1 e st t~ -( · :J~ th,~ 1 1+th Am.dnd<..;
1
rr.ent, and. a
s ·o
01.... +.
1 to·
denial of' the equa l prcitec t 1on of th13
1n1~ 1s ~ot f or publi cation .
Eist v11shes.
S1nc rely•
•
�News Release
IVAN ALLEN, JR.
Mayor of Atlanta
Mrs. Ann Drummond
For further informa tion c al l , J a 2-4463
Executive Secretary
FOR USE UPON RECEIPT
July 11, 1963
Mayor Ivan Allen, Jr. has accepted an invitation from the
United States Senate Commerce Committee to testify before the
committee Friday, July 26, on bcliu1i; .ef Senate Bill 1732.
This bill
is to eliminate discrimination in public accommodations affecting
interstate commerce.
Mayor Allen said "I welcome this opportunity to tell the
committee of the fine relationship which exists among the citizens
of Atlanta and to describe how we have faced our problems and worked
out solutions."
- 30 -
�(G
July 2, 1963
WILLIAM 0 . COWGER
M A YOR
Honorable Ivan Allen, J r.
Mayor of Atlanta
City Hall
Atlanta, Georgia
Dear Ma yor Allen:
In answer t o your request of July 1, we are enclosing
a copy of Ordinance No. 66, Seri es 1963.
If this office may be of further assistance t o you,
please do not hesitate to contact us.
Sincerely,
WOC :lo
�ORDINANCE NO. 66 SERIES 1963
AN ORDINANCE DEFINING DISCRIMINATORY
PRACTICES IN PLACES OF PUBLIC ACCOMODATION; PROHIBITING THE SAME; AND
PROVIDING PENALTIES FOR THE VIOLATION
THEREOF.
WHEREAS, each member of the Board of Aldermen recognizes
that the government of the City of Louisville was organized to protect and promote the health, safety, and welfare of all persons in the City of Louisville,
including minority groups; and
WHEREAS, each alderman is cognizant of his duty to protect and
foster the welfare of persons residing in his ward and to prevent, insofar as
possible, any discrimination in places of public accomodation on account of
a person't race, color, religious beliefs, ancestry or national origin; and
WHEREAS, in order to insure that there be no discriminatory
practices in places of public accomodation on account of race, color, religious
beliefs, ancestry or national origin
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF LOUISVILLE:
Section One. It is hereby declar ed to be the policy of the City of
Louisville in the exercise of its licensing and police powers for the preservation
of the peace and the protection of the comfort, healthl' welfare and safety of
persons in the City of L:>uisville and to prohibit discriminatory practices in
places of public accomodation as hereinafter defined.
Section Two. When used herein:
(a)
The term "person" includes one or more individuals, partner-
ships, associations, corporations, legal representatives, or other groups of
persons.
(b)
The term "Commission" means the City of Louisville Hu·m an
~elations Commission as established by Ordinance No. 33 of the 1962 Ordinances
�of the City of Louisville; and the t erm "Anti~Dis crimination Division" means a
Boardj any three members of which sha ll constitute a quorumj consisting of
five (5) members of the City of Louisville Human Relations Commissionj said
five members to be designat ed by t he Mayor of the City of Louisville.
(c)
The phrase "Place of public accomodation" means any place
of bus iness offering or holding out to t he gener al public services or facilities
for the peace, comfor t j healthj welfare or safety of such general public includingj public places providing food~ shelt er 9 recreationj · enter tainment or
amusement.
Section Threeo Discr iminator y practices il as hereinafter defined,
in places of public accomodation are hereby pr ohibited and declared unlawful.
(a )
It s ha ll be a dis criminator y practice for the owner j lesseej
manager j pr opritor j concessionair ej custodia:nj agent or employee of a place
of public accomodation within t he City of Louisville to deny j to a ccord or to
treat differently any per son in the s er \rice or sa le of any privilege j facility
or commodity on account of his racej color j religious beliefs j ancestry or
national or iginj or to segregate or requir e t he placing of any person in any
separate s ection or area of the premises or facilities j of such place of public
accomodation, or to deny j refuse or withhold from any pers on, on account of
his race, color j r eligious beliefs j ancestr y or national or iginj full and equal
accomodation advantages 9 facilities a nd pr ivileges in any ,p lace of public ac comodationo
(b)
It shall be a discriminatory practice t o place, postj main-
tain, displayj or circulatej or knowingly cause 9 permit or a llow t he placingj
posting, maintenance j display or ctrculatf.on of a ny written or printed advertisementj notice or sign of any kind of description to the effect that any of the
accomodationsj advantages, facilitiesj or privileges c;>f any ,pla~~ of public
accomodation will or may be r efused~ withheld from or denied to any person
on account of his r a cej color religious beliefs j ancestry or national origin,

2
�.
or that the patronage of any person is unwelcome 9 objectionable, or
not acceptableil desired or solicited on account of his race 51 color ii
religious beliefsil ancestry or national originj or that any person
is required or requested to use any separate section or area of the
premises or facilities on account of his race 9 color 9 religious
beUefs, ancestry or national origino
Section Four o The administration of this Ordinance shall
be the responsibility of the City of Louisville :Suman Relations
Commissiono The Anti-Discrimination Division shall have full
operating responsibility under the supervision of the Commission
for carrying out the provisions of this Ordinanceo In addition to
any powers or duties heretofore conferred on said Commission it
shall have the power and duty to~
(a) Receiveil investigate and seek to adjust complaints
of diSCJ;'iminatory practices prohibited by this Ordinance and to
initiate such complaints itselfo
(b)
By itself or through its Anti~Discrimination Division9
to hold publi~ or private hearings 9 administer oaths 9 and take the
testimony of any person under oath relating to any matter under
investigation or in questiono If a person9 against whom a complaint
of discriminatory practice is made 9 shall be notified to attend any
hearingil public or private, before the Commission or the AntiDiscrimination Division and he shall fail to attend such hearingil
the Commission or the Anti- Discrimination Division 51 as the case may
be1 may proceed to hold such hearing and make a determination in
such persons absenceo
Section Fiveo
(a) Any person claiming to be aggrieved by a discriminatory practice prohibited by this Ordinance may make,_
.. $.ign and ·file
·,,··.·
with the City of Louisville Human Relations Commission a complaint
- 3--
�in writing under oath 1 which shall state the name and address of the
public accomodation alleged to have committed the discriminatory
practice and which shall s et forth the par ticular s thereof and
contain such other information as may be required under rules established by the Commission. Such complaints shall be filed within
thirty (30) days aft er the alleged discriminatory practice is committed. Th~ Commission1 if it has reason to believe that any person
has engaged in a discriminat~rJ practice prohibited by this Ordinance,
may adopt a resolution to that eff ect 1 whi ch resolution shall ·have
the legal effect and status of a complaint filed with the Commission
on the date s uch resolution is adopted.
(b) Upon receipt of a complaint 1 the staff of the Commis sion shall promptly conduct a preliminary investigation. Upon
the completion of such investigation 9 the complaint together with
the results of the investigation sha ll be referred to the AntiDiscrimination Division. If the Anti-Dis_crimination Division determines from such investigation that a discrilninatory practice has
been committed 9 that Division sha ll attempt an adjustment by means
of conference and negotiations. A ten (10) day period after the
filing of the complaint with the Commis s ion shall be allowed for
this purpose. If the Anti-Discrimination Division det ermines that a
discriminatory practice has not been committed 9 then it shall enter
an order dismissing the complaint and s hall _promptly send copies
thereof to the complainant and to the person complained against
(hereinafter referred to as the respondent) of its action. The
Anti-Discr ~mination Division shall report to the Commission at each
of its monthly meetings the disposition of all comp.~ ints referred
(c) In case of failure of conference or n~gotiations to
obtain compliance with this Ordinance 9 the Anti-Discrimination
Division1 no later than twenty (20) days after the complaint has
- 4-
�been r ef erred to it~ shall (unless the complaint has been dismissed
as aforesaid) either certify the entir e case to the Director of I.aw
for prosecution 1 or cause to be issued and served in the name of
the Commission a written notice~ together with a copy of such complaint j requiring the respondent to answer the charges of such complaint at a hearing before the Anti-Discrimination Division at a
time and place to be specified in such noticeo The notice of hearing shall be served upon the respondent no later than twenty (20)
days after the complaint has been r eferred to the Anti- Dis crimination Divisio:no The place of such hear ing may be the office of the
Commission or another place designated by ito The case in sqpport .
of the complaint shall be presented at the hearing by a member of
the Depart ment of Law of the City of Louisville who shall be counsel
for the City of Louisville Human Relations Commissiono Any endeavors
or negotiations for counciliation~ or admission or statement made in
connection therewith shall not be received in evidenceo The respondent may file a written aMwer t o the complaint and appear at
such hear ing in per son or ~ er wis e 1 with or without couns el~ and
submit t estimony and be fully heardo The Anti-Discrimination
Division conducting any hear ing may permit reasonable a mendments
to any complaint or answer o The t estimony taken at such hearing
shall be under oath and be t ranscribed at the request of either party
or by direction of the Anti-Discrimination Divisiono Ji~ upon all
the evidence~ the Anti- Discrimination Division finds that a respondent has engaged in any discr iminatory practice as defined in
Section Three (3)j it shall state in writing its findings of fact
and conclusions of law and shall issue and file with the Commission
and cause to be s erved on the complainant and the r e~pondent an
order requiring such respondent to cease and desist from such discriminatory practice or practices j and/ or requiring such affirmative
action as it shall deem necessary to r emedy the violation and to
- 5-
�prevent its continuation or reoccurrence. If~ upon all the eviqence:,
the Anti-Discr i mination Division finds that the respondent has not
engaged in any alleged discriminatory practice~ it shall state its
findings of fact and conclusions of law and shall similarly is~ue
and file an order dismissing the complaint and cause copies thereof
.i
to be served upon the complainant ~ and the respondent. The Commission may establish rules of procedure to govern~ expedite and
effectuate the procedures of Section Five of this Ordinance.
d) If either the complain.ant or the respondent is not
satisfied with the determination of the Anti- Discrimination Division:,
he shall have the right to appea l such determination to the Commission with in ten (10) days after the date of entry of the order of
said Division. No member of the Anti=Discrimination Division may
participate in determination of an appea l. All decisions of the
Commission o~ such appeals shall be by a majority vote. A quorum,
for determination of appeals, shall cons ist of six (6) members.
On appeal the Commis sion may affirm 9 modify or set aside the AntiDiscri mination Divisionvs ·order or make such other appropriate order
as shall effectuat e the purposes of this Ordinanceo
(e) In the event that the Anti-Discrimination Division
shall have entered an order against the respondent from which no
timely appeal is takeny and in those cases where such an order is
entered by the Commission after appeal~ the Commission shall, in cases
of non- compliance therewith9 certify the entire case to the Director
of Law for prosecution. No prosecution shall be brought under th.is
Ordinance except upon such ce~cation or upon certification to the
Director of Law pursuant to Section Five (c) hereof. After certtfication7 the Director of Law shall prosecute the offender for violation of this Ordinanceo
(f) All complaint.s 9 a nswers~ investigations, conferences and hearings held under and pursuant to this Ordinance shall
- 6=
�be held confidential by the Commission~ the Anti=Discr imination Division
and their agents and employeeso The Commission or the Anti-Discrimination
,,f
Division at the request of the,. .,complainant 9 or the r espondent 9 or on its
own initiative 9 shall declare the hear ing provided for under Section Five (c)
this ordi~ance to be a closed hearingo Ji no r equest is received from
either the complainant or the respondent by the Commission or the AntiDis crimination Division r eque ting a closed hear ing 9 the hear ing provided
for under Section Five (c) may be an open and public hearingo Provided9 how:.
, ever that the complaint and the t r anscript of any hearing held under Section
j)
Five (c) of this Ordinance are declared to be public recordso
Section Suto Subject to the certtfi cation required by Section
Five (e):1 any persons violating any of the provisions of this Or dinance
shall be guilty of a misdemeanor and shall be subject to a fine of not mor e
than One Hundred Dollar s $1000 00) for ea ch offenseo
I
Section Seveno Three or more convictions of any person for
violation of Section Three of this Ordinance shall9 if the Commission finds
(after due notice and an opportunity to be heard) that the respondent is a
continual offender ~ be deemed to constitute a public nuisance and a
contumacious inter fer ence with the spir it and purpose of this Or dinanceo
In the event of such occurrence 9 the Commission shall be empowered to refer _.
the matt er to the Director of Law who shall ther eupon apply for appropriate
injunctive reliefo
Section Eighto In computing ti ire or periods of time 9 in this
Ordinance 9 Sundays and legal holidays shall be excludedo
Section Nineo All notices requir ed to be s ent to the comp],ainant,
· respondent or any persons by any provision of thi.s Ordinance shall be sent
by,_certifi ed United States Mail with a r eturn r eceipt requestedo
�CITY OF ATLANTA
.J .
Date
Area
A ction
Schools
Court 01·der
Department & variety stores
lunch counters
voluntary action
1/ 62
City Facilities
voluntary (city officials)
5/62
Downtown and arts theatres
voluntary*
ff-
5/63
Negro firemen hired
voluntary (city officials)
Cr
6/63
Swimming pools
court order - voluntary
decision to open pools
c
.
I)~
flE' 9/ 61
-
A -7- rl'
BJ)
,+
r+
10/ 61
£"1i,)1 ~1<EB
fiff .. ()
n
V





(city official )
6/63
18 leading hotels
voluntary
6/63
approx. 33 le ding i-estaurant
voluntary
lle/1 I Jid'/fJ. ~
In ach instance voluntary action consisted of coop rative
action betw en operators of affected busine
N gro 1 ad rship.
e
and r
pon ibl
�Section Teno If any of the provisions of this Ordinance
or portions thereof or the application of such provisions or portions
to any person or circumstance shall be held invalid 1 the remainder
of this Ordinance and its application to persons or circumstances
other than those to which it is held invalid shall not be affected
thereby.
Section Eleveno This Ordinance shall become effective
120 days after the dat e of the passage thereof 1 and a,pprovat
Is/
Jack Sherman (Acting COBoAo
APPROVED~ 5/1 5/63
Is/ Kenneth Ao Schmied,
/ s/
p . B. A,
William O. Cowger 1 MAYOR
�520 P i n e
Goleta , Ca lif
July 16, 1 963
Ivan Al len, fa y o r
City of Atl anta , Ge orgia
Ho no r able Sir :
In t h e city of Atlanta , live descendants of t h e Ifuguenots I , too ,
am d e s c-e nd ed from .. And aft er reading t h e e n closed sto r y by cle-arwr iting Cathe ri n e Ma c k in
I ' m glad t h ey we n t to Atlanta !
Throu~h tut t h e est, and I assum e t h ro ughou t t h e Unit e d States ~ ne ws p-ape rs c a rry front pag e s -tories n early every da y about t h e Sout h ' s
racr~ i n ci den ts. In t h e gro ce ries~ i n t e l aundr oma ts , i n t h e a ters ,
on ve h icles of ub lic tr ansportation , wh erever c asua l co nversat io n s
occur - r a c e p roble ms are dis c us sed .
0--
I wa s born and live d until I wa s 9,. in a v ery segr ~te d ,, very lo ya lly
S o uthern , Texas to wn . Th en we moved to Seattle - a t a ti me wh e n very
few So uth erners ev e r left t h e So uth , i n 1915, just be fore
orld ~ r I ~
Here I was c a ta pu lted into a melting - p ot t yp e s c ho ol~
The teac:hllr t augh t Ci v il Wa r History rral l wrong," and inward ly I r ag e d ..
She t h o ugh t I p ronou n ced " p ou nd s when we studied a rit hmetic, all wro ng ,
and kept me in du ring t h e lunc h hour to le arn to p ronounce o ur l ang u ag e
ri gh t."
I cried and k e p t protesting I was p ronou n c ing it right .. My
fam ily was i ndignant a t h er intoleran c e ~ a c hild ' s· Southern accent but in time, of course , she s u ccee d e d in ob liter at i ng it.
ITy happ ier means , my fe eli ng that only those
s-kin the color o f mi n e , ha ir wit h t h e d e g ree
best " people .
There wer e Chinese, J apanese,
Negro , Canadian ,, Italian and F re n c h c hildren
with e y es sha p e d l!_ike mine,,
of curl of mine,, wer e 111 the
Russian Jew , German Je w ,
i n my room.
I le arned with awe, that the very short-sighted little Chinese gir l and
her e qual ly short-sighted lit tl e ye llow b IJ-othe r,, struggling with English ,,
wer~ t h e best students in the room . I learned that the Jewish youngsters
went not only to our school, but a t 4, to one c ondu cted by the rabbi,
and Saturdays,, for piano a n d violin lessons - and I saw no signs they
were "less than me" in anything they accomplished •. They were ttbetter l "
And the Negro c hildren awed us with songs t hey knew from a slave· grandm,ot 1er - songs sung throatily in mel odious voices. They got along as well
in sc ho ol as I did 9 and I ~
~ ~ ~ r o moted twice in Texas .
Wh en race problems occur~
t a y ,, or I hear them discussed ,. I think how the
Negro c h ildren sympathized wh en I skinned my knee - and tore up a handkerchief to bandage it~ When
fought Japan, and hated" the Japanese~ I
re c alled truth and loyalty - not treachery - from my days with Ja p anese
playmates .
When I attended University of Wash in g ton, I attended a Sociology course
"Race Problems" with students from all over the world - and earnestly we
explored ou.:r likenesses - as wel l as the differences environment proclucea,
�2'- 2 - 2
The le a rned, worl d- tr a veled p rofessor,, R .,D .. Mc Kenzie ,. no w dead, p r e·di c·ted even t h en ( 1 927) eve ntua l
ar with Japan - be c aus e , he sa i d ,.
" t h e Uni t ed States· re pudia ted the "Gentle men ' s Agreement ' wh ile t h e
Ja pan ese · were a ssi du ously keep i ng t h eir side of t h e b a r ga in - and
Ja panese. ' fa c e ' will never recover wit hou t return i ng
t h e blow~'n
().A?
ffe p're d i c ted tro ub l e a he ad in the United St at es ,
e groe s slowly
i mp roved fr om t h eir state of servitud e;- be c am e able to le arn o f
free dom ,, e qu ality and d e mocr a c y - for whi tes but not for them .
In t wo World Wa rs , Negroes le a rned abroad of an e qua lity of tre a t ment t h ey had not known at h ome .
They le a r n ed Ameri c a loves their
music, and t h eir strength in athleti c pu rs u its . The inevitab le dem a nd
for c ompiete e qua lity of tre a t ment , so upsetting to so many wh ites ,
our Dr~
e n z·~
~ o p ro phesied .
Iir i's(Jrd to u e a rn any att itude ga i ned in c h il dho o d ,, and Americans
toda y . in ever stat e , are b eing ask e d to unlearn more attitudes and to,
ad o p t new ones
tan ha s ever occurred before . This is tr u e a ll over
the wo rl d . Fo hundr eds - nay , t housands , even milli ons , of years,
generat ion aft r gene r at io n live d a li ke , thought a li ke ,, p roduced cra ft
alike ., Dr ., Adan r.11reganza , speaking of Ca lif ornia Indians , de cl are d that
any Indian girl who might want t o c reat n e w designs to weave into h er
baskets,, would
thoug~t sick~ Basket designs , at tit udes toward neighboring tribes , ways to, deal with the god s , mag ic for inaking the game a·pvea r for the hu-:::Oter - t h es e were· le a rned from tribal me mbe rs, and for
untQ]d ages, went unqu e st i oned .
To day - Grand f ath ers
ar e s c ar cel y done v owi ng man wi l l never penetrat~
oute r spac e ,, when a grands on - aged youngester d oes it., And in our re'lations with ot h er nati on s, c h il dr en either study . and come to re~ p e c~,,
cultures of o th ers - or , if at the moment we are having differences with
thhee nations - c hildr en le arn a t titudes of suspicion and fear toward
them .,
Somehow, in Atlanta - fortunately - a ttitudes must have been long agrowing of "live and let live." How wonderful i f
more cities can
follow Atlanta ' s example. But even more wonderful it wold be i:f
cities· can go one step further :
" Live , and help live!
B'ecause America ' s Negroes. do1 need he lp,, in order to 1 i ve . It isn ' t
Christian , it isn ' t neighborly t to become observers,h ere :- to say,"Okay 9
now NBgroes have their freedom .. Let ' s just wait - they ' 11 make a bust
o f us i ng it ! "
inclined to ward
They d~ need friendly guidance : people mml!l.IUl mnm neighborliness or
m,ore formally trained inteaching to point out ," VTe do things this way. 111
Heck ,. I didn ' t know why cli pping the grass edging t1e sidewal·~ of my
new trailer home was so difficult until a neighbor pointed out I
didn ' t
have the right tool !/
Uses of language, housekeeping methods , persona l grooming - these things,.
some Negroes need to le8rn. Other Negroes or whites need teach them: people
·
·
·
·
who are white
living
in
farm areas,. are a so " 0 t1t of place" when first the)
move to •own.'
• More· po ver to you ,
a yift,; to ~ tlanta !
Very truly yours
~ ~
.
·t
ois Hennessy - retired newswri er
'
s_: ,
�.J
I
STATEMENT
by
IVA N A L LEN, JR .
MAYOR OF ATLANTA, GA.
BEFO RE
COMMITTEE ON COMMERCE
REGARDING
s.
1 732
BILL T O ELIMINATE DISCRIMINATION IN PUBLIC
ACCOMMODATIONS AFFECT ING
INTERSTATE COMMERCE
July 2 6, 19 63
�STATEMENT BY IVAN ALLEN, JR.
MAYOR OF ATLANTA
July 2 6, 19 63
Mr. Chairman and Members of the Senate Commerce Committee:
I am honored to appear before your Committee.
At the beginning I would like to make it clear that I feel qualified to speak on the subject under discussion which is the elimination.
of racial discrimination, on what I have learned from personal
experience a nd observation in my home city of Atlanta, Georgia.
As perceptive men of wide experience I feel confident that you will
a g ree with me tha t this is as serious a basic problem in the North,
East and We st as it is in the South.
It must b e defined as an all-American problem, which requires
an all-American solution based on local thought, local action and
local cooperation.
The 500, 000 people who live within our city limits consist of
300 , 000 white citizens and slightly more than 200, 000 Negro citizens.
That makes the population of Atlanta 60 percent white, 40 percent
Negro.
That 60 - 40 percentage emphasizes how essential it is for the
people of Atlanta, on their local level, to solve the problem of racial
discrimination in order to make Atlanta a bette r place in which to
live.
Elimination of racial descrimination is no far off philosophical
the ory to the more than one million people who live in and around
Atlanta. The problem is part and parcel of our daily lives. Its
solution must be studied and wo rke d out on our homefront.
As the mayor of the Southeast ' s large st city, I can say to you
out of first hand experi e nce and first hand knowl edge that nowhere
does the p roblem of e liminating discrimination between the races
strike so closely home as it does to the local elected public official.
He is the man who cannot pass the bu ck.
From this viewpoint, I speak of the proble m as having b een
brought into sharp focus by decis ions of the Supreme Court of the
�United States and then generally ignored by the Presidents and
Congresses of the United States. Like a foundling baby, this awesome problem has been left on the doorsteps of local governments
throughout the nation.
Now to take up specifics. You gentlemen invited me to tell
you how Atlanta has achieved a considerable measure of comparative
success in dealing with racial discrimination.
It is true that Atlanta has achieved success in eliminating
discrimination in areas where some other cities have failed, but
we do not boast of our success. Instead of boasting, we say with
the humility of those who believe in reality that we have achieved
our measure of success only because we looked facts in the face
and accepted the Supreme Court's decisions as inevitable and as
the law of our land. Having embraced realism in general, we then
set out to solve specific problems by local cooperation between
people of good will and good sense representing both races.
In attacking the specific problems, we accepted the basic
truth that the solutions which we sought to achieve in every instance
granted to our Negro citizens rights which white American citizens
and businesses previously had reserved to themselves as special
privileges.
These special privileges long had been propped up by a
multitude of local ordinances and statewide laws which had upheld
racial segregation in almost every conceivable form.
In Atlanta we had plenty of the props of prejudice to contend
with when we set out to solve our specific problems of discrimination.
In attacking these problems, I want to emphasize that in not one single
instance have we retained or enhanced the privileges of segregation.
It has been a long, exhausting and often discouraging process
and the end is far from being in sight.
In the 1950 1 s Atlanta made a significant start with a series
of reasonable eliminations of discrimination such as on golf courses
and public transportation. We began to become somewhat conditioned for more extensive and definitive action, which has been
taking place in the 19 60 1 s.
During the past two and a half years, Atlanta has taken the
following major steps to eliminate racial discrimination :
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�1. In September, 1961, we began removing discrimination
in public schools in response to a court order.
2. In October, 1961, lunch counters in department and variety
stores abolished discrimination by voluntary action.
3. On January 1, 1962 Atlanta city facilities were freed from
discrimination by voluntary action of municipal officials.
4 . In March, 1962 downtown and arts theatres, of their own
volition, abolished discrimination in seating.
5. On January 1, 1963, the city voluntarily abolished separate
employment listings for whites and Negroes.
6. In March, 196 3 the city employed Negro firemen.
ago employed Negro policemen .
It long
7. In May of 1963 the Atlanta Real Estate Board (white) and
the Empire Real Estate Board (Negro) issued a Statement of
Purposes, calling for ethical handling of real estate transactions
in controversial areas.
8 . In June, 19 63, the city government opened all municipal
swimming pools on a desegregated basis. This was voluntary action
to comply with a court order.
9. A l s o in June, 1963, 18 hote ls and motels, representing the
l e a ding pla ce s of public accommodations in the city, voluntarily
removed all segregation for conventions.
10 . Again, in June, 1963 more than 30 of the city's leading
res t a u r ants , of their own volition, abolished segregation in their
faci lities.
You can re adily see that Atlanta's steps have been taken in
s ome instance s in compliance with cou r t decisions, and in other
inst a n ces t he st e ps have been voluntary prior to any court action.
In each i nst a n ce the action has resulted in white citizens relinqu i shin g s pe cial p r iv ileges which they had enjoyed under the
practices of raci a l discri mination. E a c h action also has r esulted
i n the Negro c itize n being give n rights which all others previously
had enjoyed and whi ch he has been denied.
As I mentioned at the be ginni ng, Atlanta has a chieved only
-3-
�a measure of success. I think it would assist you in understanding
this if I explained how limited so fa r has been this transition from
the old segregate d society of generations past, and also how limited
so far has been the participation of the Negro citizens.
Significant as is the voluntary elimination of discrimination in
our leading restaurants, it affects so far only a small percentage of
the hundreds of eating places in our city.
And participation b y Negroes so far has been very slight. For
example, one of Atlanta ' s topmost restaurants served only 16 out of
Atlanta's 200,000 Negro citizens during the first week of freedom
from discrimination.
The plan fo r e liminating discrimination in hotels as yet takes
care only of conv e ntion de legates. Although prominent Negroes
have been accepte d as guests in several Atlanta hotels, the Negro
citizens, as a whole, seldom appear at Atlanta hotels.
Underlying all the emotions of the situation, is the matter of
economics. It should be r e membere d that the right to use a facility
does not mean that it will b e used or m i sused by any group, especially the group s in the lowe r e conomic status.
The statements I h ave givep you cover the actual progress
made by Atlanta toward total elimination of discrimination.
Now I w ou ld like to submit m y personal reasons why I think
Atlanta has r e s olve d s ome of t he se problems while in other cities,
s olutions hav e s ee med i mpossib l e and st r ife and conflict have
res ulted .
As a n illust ration, I would like to desc ribe a rece nt visit of
an official de legation fr om a gre a t Easte rn city which has a Negro
population of over 60 0 , 000 c onsisting of in e x cess of 20% of its
whole population .
The m emb e r s of thi s de l egation at first simply did not under stand and would hardly b e liev e t hat t he busin e ss , civic and political
intere sts of A tla nta h a d inte ntly c on cerne d themselves with the
Ne g r o population. I s t ill do not be lieve tha t they are convinced
t hat a ll of our c iv i c bodies b acke d by the publi c interest and sup p orte d by the City Governme nt have da ily conce rne d thems e lves
w ith an effort to solve our gravest proble m -- whic h i s re la tions
b etween our races . Gentlemen, Atlanta has n ot s wept t his
-4-
�question under the rug at any point. Step by step - sometimes
under Court order - sometimes voluntarily moving ahead of
pressures - sometimes adroitly - and many times clumsily - we
have tried to find a solution to each specific problem through an
agreement between the affected white ownership and the Negro
leadership.
To do this we have not appointed a huge general bi-racial
committee which too often merely becomes a burial place for unsolved problems. By contrast, each time a specific problem has
come into focus, we have appointed the people involved to work
out the solution . . . Theatre owners to work with the top Negro
leaders . . . or hotel owners to work with the top leadership . . .
or certain restaurant owners who of their own volition dealt with
top Negro leadership. By developing the lines of communication
and respectability, we have been able to reach amicable solutions.
Atlanta is the world's center of Negro higher education.
There are six great Negro universities and colleges located inside
our city limits. Because of this, a g reat number of inte lligent,
well-educated Negro citizens have chosen to remain in our city.
As a result of their education, they have had the ability to develop
a prosperous Negro business community. In Atlanta it consists of
financial institutions like banks - building and loan associations life insura n ce companie s - chain drug store s - real e state de ale rs.
In fa ct, they have deve lope d busine ss organizations, I b e lieve, in
almost every line of acknowledged American business. There are
also many Negro professional men.
Then there is another powerful factor working in the behalf of
g ood r aci a l re lations in ou r city. W e have n e ws m e dia , both white
a n d Negro, whose leaders str ong ly b e liev e a nd put i nto p ractice t he
great truth that responsibility of the press (and by this I mean radio
and t e levision as well as the written press) is inseparable from
freedom of the press .
T h e leade rship of our w r itten, s poken and t e levi se d news
m e dia join wit h the business a nd gov ernment leaders hip, both white
and Ne g r o, in working to solve our p r oblems .
We are f o rtun a t e t hat we hav e one of the wor l d famous editorial
spokesmen for reas on a n d moderation on one of our white newspape r s,
a long with othe r e dito r s and many r e porte rs who stre ss significance
rather tha n s e nsation in the reporting and interp ret a tion of wha t
happens in our cit y.
- 5-
�And we are fortunate in having a strong Negro daily newspaper,
The Atlanta Daily World, and a vigorous Negro weekly, The Atlanta
Inquirer.
The Atlanta Daily World is owned by a prominent Negro family the Scott family - which owns and operates a number of other newspapers.
The sturdy voices of the Atlanta Daily World and the Atlanta
Inquirer, backed by the support of the educational, business and
religious community, reach out to our Negro citizens. They speak
to them with factual information upon which they can rely. They
express opinions and interpretations in which they can have faith.
As I see it, our Negro leadership in Atlanta is responsible and
constructive. I am sure that our Negro leadership is as desirous of
obtaining additional civic and economic and personal rights as is any
American citizen. But by constructive I mean to define Atlanta's
Neg.ro leadership as being realistic - as recognizing that it is more
important to obtain the rights they seek than it is to stir up demonstrations. So it is to the constructive means by which these rights
can be obtained that our Negro leaders constantly address themselves.
They are interested in results instead of rhetoric. They reach for
lasting goals instead of grabbing for momentary publicity. They are
realists, not rabble rousers. Afong with integration they want
integrity.
I do not believe that any sincere American citizen desires to
see the rights of private business restricted by the Federal Government unless such restriction is absolutely necessary for the welfare
of the people of this country.
On the other hand, following the line of thought of the decisions
of the Federal Courts in the past 15 years, I am not convinced that
current rulings of the Courts would grant to American business the
privilege of discrimination by race in the selection of its customers.
Here again we get into the area of what is right and what is
b est for the people of this country. If the privilege of selection
based on race and color should be granted then would we be giving
to business the right to set up a segregated economy? . . . And
if so, how fast would this right be utilized by the Nation's people?
. . . And how soon would we again be going through the old turmoil
of riots , strife, demonstrations, boycotts, picketing?
- 6-
�Are we going to say that it i s all right for the Ne g ro citizen
to go into the bank of Main stre et to deposit his earnings or borrow
money, then to go the de partment store t o buy what he needs, to go
to the supermarket to purchase food for his family, and so on along
Main street until he comes to a restaurant or a hotel -- In all these
other business places he is treated just like any other customer - But when he comes to the restaurant or the hotel, are we going to
say that it is right and legal for the operators of these businesses,
merely as a matter of conve nience, to insist that the Negro's
citizenship be changed and that, as a second class citizen, he is
to be. refused s e rvice? I submit that it is not right to allow an
American's citi zenship to be changed merely as a matter of convenience.
If the Cong r e ss should fa il to cla rify the issue at the pre s e nt
time, then by inference it would be saying that you could begin dis crimination under the guise of private business. I do not believe
that this is what the Supreme Cour t has inte nded with its decisions.
I do not believe t hat this is the intent of Congress or the people of
this country .
I a.in not a la wyer, Se nators . I am not sure I clearly under stand all of the t e stimony inv o lvi n g various a m e ndments to the
Constitution a nd the Commerce cla u se which has been given to this
Committee . I h a v e a fu ndament a l res pect for the Constitution of
the Unite d Sta t es. Under t h is C ons tituti on we h av e a lways b een
able to do what is b e st fo r a ll of the pe ople of this country. I b eg
of you not to l e t t his issue of discrim ination .drown in legalistic
waters. I am firm ly convinced that the Supreme Court ins i s t s
tha t the s ame fundam e n t al rights must b e held b y every American
c itizen .
Atlanta is a case that proves that the proble m of discrimination
can be solved to s ome ext e nt . . . and I u se this "some ext ent"
cautiously . . . as we certainly have n ot solved all of the problems;
but we have met them in a number of areas. This can b e done locally ,
volunt arily, and by private busine ss itself!
On t he other hand, there are hundreds of communities and
cit ies, certainly throughout the nation that have n ot ever addressed
themse lves to the issue . Whereas, others have flagrantly ignored
t he demand, a nd today, stand in a ll defiance to any change.
The Congre ss of the Unit e d St a t es i s now confronte d with a
grave decision. Sha ll you pass a public accommodation b ill that
- 7-
�forces this issue? Or, shall you create another round of disputes
over segregation by refusing to pass such legislation?
Surely, the Congress realizes that after having failed to take
any definite action on this subject in the last ten years, to fail to
pass this bill would amount to an endorsement of private business
setting up an entirely new status of discrimination throughout the
nation. Cities like Atlanta might slip backwards. Hotels and
restaurants that have already taken this issue upon themselves
and opened their doors might find it convenient to go back to the
old status. Failure by Congress to take definite action at this
time is by inference an endorsement of the right of private business
to practice racial discrimination and, in my opinion, would start
the same old round of squabbles and demonstrations that we have
had in the past.
Gentlemen, if I had y our problem armed with the local experience I have had, I would pass a public accommodation bill.
Such -a bill, however, should provide an opportunity for each local
government first to meet this problem and attempt to solve it on a
local, voluntary basis, with each business making its own decis ion .
I realize that it is quite easy to ask you to give an opportunity to
each businessman in each city to make his decision and to accomplish such an objective . . . but it is extremely difficult to l egislate such a problem.
What I am trying to say is that the pupil placement plan,
which has been widely used in the South, provided a time table
approved by the Federal c ourts which h elped in getting over troubled
water of elimination of discrimination in public schools. It seems
to me that cities working with private business institutions could now
move into the same area and that the federal government l egislat ion
should be based on the idea that those businesses have a reasonable
time to accomplish such an act.
I think a public accommodation law now should stand only as
the last resort to assure that discrimination is eliminated, but that
such a law would grant a reasonable time for cities and businesses
to carry out this function before federal intervention.
It might even be necessary that the time factor be made more
l enient in favor of smaller cities and communities, for we all know
that large metropolitan areas have the capability of adjusting to
changes more r apidly than smaller communities.
-8-
�Perhaps this, too, should be given consideration in your
legislation. But the point I want to emphasize again is that now is
the time for legislative action. We cannot dodge the issue. We
cannot look back over our shoulders or turn the clock back to the
1860's. We must take action now to assure a greater future for
our citizens and our country.
A hundred years ago the abolishment of slavery won the
United States the acclaim of the whole world when it made every
American free in theory.
Now the elimination of segregation, which is slavery's 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.
Mr. Chairman and members of the Committee, I want to
thank you for the opportunity of telling you about Atlanta's efforts
to provide equality of citizenship to all within its borders.
- 9-
�