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CIVILRIGHTSANDLEGALWRONGSA critical commentary upon the President's pending "Civil Rights"Bill of 1963, prepared and distributed by the Virginia Commissionon Constitutional Government. ~~~~~~~~~~~~*

★★★★★★★★★★★★★

CIVIL

RIGHTS

AND

LEGAL

WRONGS

From the moment the President's omnibusCivil Rights Bill was introduced in June,the entire resources of the Federal Governmenthave been thrown behind its support.As a consequence, many Americanshave heard only a case for the bill.This commentary is an attempt to presentthe other side.

VIRGINIA COMMISSION ON CONSTITUTIONAL GOVERNMENTTravelers Building, Richmond, Virginia

CIVIL RIGHTS AND LEGAL WRONGS

The logic is said to go something like this: All decent Americans should support good things. All decent Americans should oppose bad things. Racial discrimination is a bad thing. Bills to prohibitracial discrimination are good things. The President's pending CivilRights Bill is intended to prohibit racial discrimination. Therefore,his bill is a good thing, and all decent Americans should support it.

If this were all there were to it—if the problem were as simpleas A plus B, and therefore C—nothing could be gained by furtherdiscussion of the President's proposal. All decent Americans wouldbe of one mind.

But the problems that have produced this bill are not easy problems, and the bill is not a simple bill. One of the great distinctions ofthe American system is that we try always to distinguish betweenthe means and the end—betv\'een the goal itself, and the way inwhich a goal is reached. Such careful distinctions need to be madein this case.

We believe this bill is a very bad bill. In our view, the meanshere proposed are the wrong means. The weapons the Presidentwould contrive against race prejudice are the wrong weapons. Inthe name of achieving certain "rights" for one group of citizens, thisbill would impose some fateful compulsions on another group ofcitizens. The bill may be well-intentioned—we question no man'smotivation in supporting it—but good intentions are not enough. Inthis area, we need good law. And the President's bill, in our view, isplain bad law.

That is perhaps the least that could be said of it. In our judgment, this bill violates the Constitution in half a dozen differentways:

It would tend to destroy the States' control of their own votingrequirements.

It would stretch the Commerce Clause beyond recognition.

It wrongly would invoke the 14th Amendment.

It would undermine the most precious rights of property.

It would raise grave questions of a citizen's right to jury trial.The bill would open new doors to the forces of government

regimentation.And in the end, because of the violence that would be done to

fundamental law, Americans of every race would suffer equal harm.The emotionalism of this turbulent summer is largely respon

sible for the serious attention now given the bill and for the eminentvoices raised in its behalf. In a calmer climate, the bill's defectswould be readily apparent. But this is not a calm time; it is a passionate time, and dispassionate thought comes hard. What is hereproposed, in this brief pamphlet, is simply that we sit down andreason together. Those of us who strongly oppose the bill believe ourposition is sound. We should like to explain this position to you.

THE BILL ITSELF

Mr. Kennedy's omnibus Civil Rights Bill of 1963 (S. 1731) isdivided into seven major titles. Briefly:

Title I relates to "voting rights." It would place elaboratenew controls upon the States' constitutional authority tofix the qualifications of voters.

• Title II relates to "public accommodations." It would compel the owner of almost every business establishment inthe United States to serve all persons regardless of race.

Title III, relating to the "desegregation of public education," would vest sweeping new pwwers in the U. S. Commissioner of Education and the Attorney General to dealwith "racial imbalance" in schools throughout the countiy.

Title IV would set up a new Federal agency, the "Community Relations Service."

• Title V would continue the Commission on Civil Rightsuntil 1967, and endow it with broad new authority.

Title VI amends all statutes providing financial assistanceby the United States by grant, contract, loans, insurance.

guarantv, or othera'ise. It would permit such assistance tobe suspended upon a finding of racial or religious discrimination.

Title VII authorizes the President to create a "Commissionon Equal Employment Opportunity," possessed of "suchpowers as may be conferred upon it by the President" toprevent discrimination under contracts in programs or activities receiving direct or indirect financial assistance fromthe United States government.

This is what the bill is all about. At first glance, perhaps, manypersons may see nothing wrong in the several proposals. In thisemotional hour, one is tempted to leap from a sincere convictionthat discrimination is wrong, to a false conclusion that a Federallaw is the proper way to prevent it. We do not believe tbe intenselypersonal problems of racial feeling can be solved bv any Federal law;the roots go deeper than Congress can reach. In anv event, we believe that whatever might be gained by this particular Federal law,if anvthing, the positive harm that would be done to constitutionalgovernment would far outweigh the hypothetical good.

TITLE I—VOTING RIGHTS

In the United States, beyond all question, the right to vote isjust that—a right to vote. For most Americans, probably the ancientright of propertv ranks first in their daily lives; it is the oldest rightof all. But as political beings, they view the right to vote as basic.As the President has said, it is ultimately the right on which thesecuritv of all other rights depends.

A moment's reflection, however, reminds us that the right tovote is not an absolute right. Children cannot vote. Lunatics cannotvote. Certain convicts cannot vote. Beyond these obvious limitations,it is evident that persons in Virginia cannot vote for a Senator fromNew York. Residents of Albany cannot vote for the City Council ofSchenectadv. And the man who moves to Manhattan on a Mondaycannot vote for the Mayor on Tuesday. These are elementary considerations, of course, but it does no harm to spell them out.

Why is all this so? It is because the right to vote, though it isdescribed in the 15th Amendment as a right accruing to "citizens of

the United States," is in its exercise a right accruing to citizens ofthe several separate States. It never should be forgotten that whenever we vote, we vote as citizens of our States. We never votenationally. We are always, at the polls, Virginians, New Yorkers,Texans, Missourians. As voters, we are never "Americans." Theidea is hard to get accustomed to; hut it is so. The Constitution makesit so.

Three provisions of the Constitution merit attention. First, the15th Amendment. It is very short:

The right of citizens of the United States to vote shall notbe denied or abridged by the United States or by any Stateon account of race, color, or previous condition of servitude.[Emphasis added}.

The Congress shall have power to enforce this article by appropriate legislation.

The briefest perusal of Mr. Kennedy's pending Civil RightsBill will disclose that some of its most important provisions are notrelated to the denial or abridgment .of the right to vote 'on accountof race, color, or previous condition of servitude." The 15th Amendment is not relied upon at all. If the bill were based clearly upon theFifteenth, the position of the Virginia Commission would be whollydifferent. We might object that a bill along these lines were unwise,or unwarranted; but we would not oppose it as unconstitutional. No.In its provisions relating to a standard literacy test, and in otherprovisions, the administration's bill has nothing to do with Statedeprivals in the area of "race, color, or previous condition of servitude." This bill applies to all citizens, everywhere.

Therefore, other provisions of the Constitution come into play-The first of these provisions appears in the second paragraph ofArticle I. It tells us who shall be qualified to vote in what often aretermed Federal elections—that is, who shall be qualified to vote formembers of the Congress. It reads:

The House of Representatives shall be composed of members chosen every second year by the people of the severalStates, and the electors in each State shall have the qualifications requisite for electors of the most numerous branch ofthe State legislature. [Emphasis supplied}.

visions quoted. The bill would prohibit the use by any State of aliteraey test unless such tests met Federal requirements—unless thetests were "wholly in writing" and unless a copy of such test werefurnished the individual registrant "within 25 days of the submissionof his written request." Beyond this, the bill would provide thatState literacy tests were of no consequence anyhow; Any person whohad completed the sixth grade in a public school or an accreditedprivate school would arbitrarily be deemed to possess "sufficient literacy, comprehension, and intelligence to vote in any Federal election."

We take no position here on the merits of these proposals assuch. They are as may be. Our contention is that such proposalsplainly deal with the qualifications of electors in the several States.These proposals have nothing whatever to do with the "times, places,and manner of holding elections." In our view, they are simply beyond the authority of the Congress to enact. They plainly encroachupon the power of each State to fix "qualifications requisite forelectors of the most numerous branch of the State legislature."

The President's bill continues with a provision aimed at certainof the Southern States, in which—in a scattering of counties—fewerthan 15 percent of the adult Negroes have registered to vote. TheVirginia Commission would make its own position clear: We haveno patience with conspiracies or chicanerv or acts of intimidationintended to deny genuinely qualified Negroes the right to vote. Wehave no patience with acts of bland partisanship that may give thevote to certain white persons and prohibit tbe vote to Negroes ofequal stature. Wherever such acts have occurred, they are to beemphatically condemned. We do say this: There is abundant lawon the books—there was abundant law on tbe books even prior toenactment of tbe Civil Rights Acts of 1957 and 1960—to prohibitand to punish such willful acts by local registrars. All tbat is required is that the existing laws be enforced. If tbe Congress somehow is persuaded that still further law is required to enforce the15th Amendment, the Virginia Commission will raise no constitutionalobjection. In the area of "race, color, or previous condition of servitude," the Amendment plainly vests in Congress the power toadopt appropriate legislation.

We come back to tbe larger point. The key provisions of T. itleI, as a whole, have nothing to do with "race, color, or previous condition of servitude." These provisions assert, on the part of the

There are two other such provisions, hut it is needless to quotethem. The second proviso impales the smallest hotdog stand uponthe transportation of its mustard. There is not a neighborhood sodafountain in American, not a dress shop, not a hat shop, not a beautyparlor, not a single place or establishment beyond the tiniest roadsidestand of which it may be said that a substantial portion of its goods,held out for sale or use, has not moved in interstate commerce.

We would urge thoughtful Americans, wherever they may live,whatever their views may be on questions of race relations, to ponderthe twisted construction here placed upon the Commerce Clause.When the Congress first began to regulate "'commerce among theseveral States," the object was to regulate the carriers in which thegoods were hauled. In time, a second area of regulation developed, asthe nature of the goods themselves came into the congressional power.Then a third area developed, as Congress sought to regulate theconditions under which the goods themselves were manufactured.

In this hill, a fourth area is opened up. It is as wide as theworld. Here the Congress proposes to impose a requirement to serve.Heretofore, such a requirement has been imposed solely in the areaof public service corporations—the telephone companies, electricpower companies, gas and water companies—the companies that operate as regulated public utilities. Now the restricted class of publicservice corporations is to he swept aside. Here Clancy's Grill andMrs. Murphy's Hat Shoppe are equated with AT&T. The neighborhood drug store is treated as the gas company: It must serve. Withinthe realm of Section 202, the owner has no option,, no right ofchoice. Yes, he may reject drunks, rowdies, deadbeats. But his rightto discriminate by reason of race or religion—or any other relatedpersonal reason—is denied him under the pain of Federal injunctionand the threat of prison sentence for contempt of court.

At this point in our argument the Virginia Commission wouldbeg the closest attention: We do not propose to defend racial discrimination. We do defend, with all the power at our command, thecitizen's right to discriminate. However shocking the proposition maysound at first impression, we submit that under one name or another,this is what the Constitution, in part at least, is all about. Thisright is vital to the American systefn. If this he destroyed, the wholebasis of individual liberty is destroyed. The American system doesnot rest upon some "right to be right," as some legislative majority

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may define what is "right." It rests solidly upon the individual's rightto be wrong—upon his right in his personal life to be capricious, arbitrary, prejudiced, biased, opinionated, unreasonable—upon his rightto act as a free man in a free society.

We plead your indulgence. Whether this right be called theright of free choice, or the right of free association, or the right to belet alone, or the right of a free market place, this right is essential. Itsspirit permeates the Constitution. Its exercise colors our entire life.When a man buys union-made products, for that reason alone, as opposed to non-union products, he discriminates. When a Virginian buyscigarettes made in Virginia, for that reason alone, as opposed to cigarettes made in Kentucky or North Carolina, he discriminates. Whena housewife buys a nationally advertised lipstick, for that reasonalone, as opposed to an unknown brand, she discriminates. When herhusband buys an American automobile, for that reason alone, asopposed to a European automobile, he discriminates. Every one ofthese acts of "discrimination" imposes some burden upon interstatecommerce.

The examples could be endlessly multiplied. Every reader ofthis discussion will think up his own examples from the oranges ofFlorida to the potatoes of Idaho. And the right to discriminate obviously does not end with questions of commerce. The man whoblindly votes a straight Democratic ticket, or a straight Republicanticket, is engaged in discrimination. He is not concerned with thecolor of an opponent's skin; he is concerned with the color ofhis party. Merit has nothing to do with it. The man whohabitually buys the Times instead of the Herald Tribune, or Lifeinstead of Look, or listens to Mr. Bernstein instead of to Mr. Presley,is engaged in discrimination. Without pausing to chop logic, he isbringing to bear the accumulated experience—the prejudice, if youplease—of a lifetime. Some non-union goods may be better than someunion goods; some Democrats may be better than some Republicans;some issues of Look may be better than some issues of Life. None ofthis matters. In a free society, these choices—these acts of prejudice,or discrimination, or arbitrarv judgment—universally have been regarded as a man's right to make on his own.

The vice of Mr. Kennedv's Title II is that it tends to destroythis concept by creating a pattern for Federal intervention. For thefirst time, outside the fully accepted area of public utilities, tbis billundertakes to lay down a compulsion to sell.

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We raise the point: If there can constitutionally be a compulsion to sell, why cannot there be, with equal justification, a compulsion to buy? In theory, the bill is concerned with "burdens on andobstructions to" commerce. In theory, the owner of the neighborhood restaurant imposes an intolerable burden upon interstate commerce if he refuses to serve a white or Negro customer, as the casemav be. But let us suppose that by obeying some injunction to servea Negro patron, the proprietor of Clancy's Grill thereby loses thetrade of ten white patrons. In the South, such a consequence is entirely likely; it has been demonstrated in the case of Southern moviehouses. Can it be said that the refusal of the ten whites imposes noburden on interstate commerce? Plainly, these ten intransigentcustomers, under the theory of this bill, have imposed ten timesas great a burden on commerce among the several States. Shall they,then, be compelled to return to Clancy's for their meals? Wheredoes this line of reasoning lead us?

How would all this be enforced? Under Title II, the At-tornev General would be required to investigate complaints of denialof service. Persistent acts of discrimination would be prohibited byFederal injunctions, obtained in the name of the United States. Anyperson who attempted to interfere with Clancy's decision would besubject to individual injunction. And at the end of every such proceeding lies the threat of fine or imprisonment for contempt of court.There would he no jury trials.

This has been a very abbreviated summary of the "public accommodations" features of the President's bill. A definitive analysiscould be much extended. Not only is the Commerce Clause distortedbeyond recognition, the provisions of the Fourteenth Amendmentalso are warped to cover individual action as opposed to State action.Our hypothetical Clancy could not call upon the police to eject an >unwanted customer, trespassing upon his booths and tables. Relianceupon local police to enforce old laws of trespass, under this bill, wouldbTregarded as an exercise of "State action." Clancy has become theState. Like Louis of old, he too may say, "L'etat, c'est moi."

title III—desegregation ofPUBLIC EDUCATION

Title III of the President's bill goes far beyond all decisions ofthe Supreme Court in the field of school desegregation, for it im-

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plicitly couples the formal desegregation of public schools in theSouth with the elimination of ''racial imbalance" in schools throughout the land. The bill proposes to achieve these aims by vestinabroad new powers in the Commissioner of Education and the Attorney General. Even private schools, if their pupils received tuitiongrants from a governmental source, would be brought into line.

The opening provisions of Title III authorize the Commissioner,upon application from local school officials, to engage in a wide variety of programs of advice, technical assistance, grants, loans, contracts,and training institutes. The Commissioner would control theamounts, terms, and conditions of such grants. They would be paidon the terms he prescribed. He alone would fix all "rules andregulations' for carrying out these programs to promote desegregationand to relieve "racial imbalance."

Presumably, the authority of Congress to promote this busyworkfor the Commissioner is to be found in the fifth section of the 14thAmendment. This is the section that empowers Congress to adoptappropriate legislation" in support of the Equal Protection Clause.

If the Equal Protection Clause trulv were intended to prohibit aState from maintaining racially separate public schools, such legislation perhaps would be "appropriate." The history of public education in the United States, in the years immediately following thepurported ratification of the 14th Amendment in 1868, utterly deniesany such intention. To this dav, no law of the United States requires desegregation. These programs of the Commissioner of Education are cart before horse; they are the sort of programs that wouldimplement a law if there were a law; but there is no law. There isthe Supreme Court's opinion of 1954 in Brown v. Board of Education,and there are other high court opinions emanating from it, but impressive and historic as these decisions mav be, they are still no morethan judgments binding named defendants in particular lawsuits.

It should be emphasized, again, that these decisions have nothing to do with "racial imbalance" in public schools. They are limitedto judgments requiring that the States shall not deny to any personon account of race the right to attend anv school it maintains. Theshifting of students from school to school in order to "remove racialimbalance," with or without Federal aid and regulation, is notwithin the ambit of the desegregation decisions. Under this grossdistortion of the 14th Amendment, school children throughout thecountry would become pawns in a game of power politics.

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It seems to us desirable to keep this distinction in mind, betweenlaws enacted by the Congress, and judgments imposed by the court.The Constitution is the supreme law of the land, but when thecourt acts in a suit arising under the Constitution it acts judicially,not legislatively. If local school boards throughout the South are tobe prohibited hy Imv from maintaining separate school systems, a lawmust be passed "pursuant to the Constitution" to impose such a prohibition. Until then, any such grants and loans and training programs as these would appear premature. And we would take theposition, in the light of the history of the 14th Amendment, that sucha law would not be "pursuant to the Constitution." It would violatethe plain intention both of those who framed the amendment andalso of the States that ratified it. Such legislation would not be "appropriate" legislation.

Meanwhile, we do not intend to be captious or legalistic. TheBrown decision has been treated as if it were indeed legislation. Forgood or ill, the desegregation of public schools proceeds. Tbese particular provisions of Title III are better subject to criticism simply asmanifestations of tbe bureaucratic Federal sprawl.

More serious, in our view, are the provisions of Title III thatwould vest elaborate new powers in the Attorney General. The effect of these provisions would be to throw the entire massive weightof the Department of Justice, with its unlimited resources, into thescales of almost any parent in search of a free lawsuit. The basiccomplaint would be that some local school board "had failed toachieve desegregation." But as we have tried to point out, in theoverwhelming majority of school districts in the South, there is nowno legal requirement that local school boards even attempt toachieve desegregation. Before there can be a failure of a duty, theremust first be a duty. Tbese provisions of tbe bill simply assume theduty, and leap to its failure u jr

Our apprehension is that the awesome power here proposed, tora proliferation of suits "in the name of the United States," wouldcreate more turmoil than it would settle. The "orderly progress ofdesegregation in public education" would not be enhanced, but im-

■ d as resentments were stirred up that otherwise might be peace-f 11 resolved And we cannot see the end to the bureaucracy that

1 j u ,<=ninred to prosecute suits "in the name of the Unitedcould be requiicu t' . i_ • i r i_ i j

States " once this precedent were set in the single area ot school de-segregation.

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TITLE IV—ESTABLISHMENT OFCOMMUNITY RELATIONS SERVICE

This title would create a new Federal agency, the "CommunityRelations Service," headed by a director at $20,000 a year. Presumably, it would fulfill some functions not now fulfilled by the CivilRights Commission, the President's Fair Employment Practices Committee, the established churches and various civic bodies, the countless racial commissions around the country, and the civil rights division of the Department of Justice. The duties of this Sendee wouldbe to provide assistance to communities and persons therein inresolving disputes, disagreements, or difficulties relating to discriminatory practices." [Emphasis supplied].

We are not inclined to haggle over the amount of time, energyand money that might be wasted by one more Federal agency in tbecivil rights field. We do call attention to the italicized language. Inour own view, it simply is not the function of Congress, under anyprovisions of the United States Constitution, to dispatch Federalagents to countless communities in order to resolve racial disagreements among "persons therein."

TITLE V—COMMISSION ON CIVIL RIGHTS

The Virginia Commission on Constitutional Covernment expresses neither opposition to nor support of Title V of the President'sbill. This portion of the bill would extend the life of the Commissionon Civil Rights to November 30, 1967, and would lay down certainstandardized rules for its further hearings and investigations.

In our own view, the Commission on Civil Rights has contributed little or nothing toward the unraveling of the knotty tangles ofrace relations in the United States. Its recommendations in the springof 1963, proposing the withdrawal of grants, loans, and even contracts from Southern States that did not meet its own notions of rightconduct, amounted to an outrageous proposal for denial of the veryequal protections it professes to support. We perceive no usefulachievements of this Commission, but we raise no constitutional objections to its continuance.

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TITLE VI—NONDISCRIMINATION INFEDERALLY ASSISTED PROGRAMS

Title VI of the President's bill is not long. It had perhaps bestbe quoted in full;

Sec. 601. Notwithstanding any provisions to the contrary inany law of the United States providing or authorizing direct orindirect financial assistance for or in connection with anyprogram or activity by way of grant, contract, loan, insurance,guaranty, or otherwise, no such law shall be interpreted as requiring that such financial assistance shall be furnished in circumstances under which individuals participating in or bene-fitting from the program or activity are discriminated againston the ground of race, color, religion, or national origin orare denied participation or benefits therein on the ground ofrace color, religion, or national origin. All contracts made inconnection with any such program or activity shall containsuch conditions as the President may prescribe for the purpose of assuring that there shall be no discrimination in em-plovment by any contractor or subcontractor on the groundof mce, color, religion, or national origin. [Emphasis supplied}.

The thinly veiled intimidation of Title VI goes back to a statement made by Attorney General Robert Kennedy in London inOctober of 1962. At that time, he speculated publicly that a threatto withdraw Federal subsidies, grants, loans, and contracts might beused as a club over the Southern States. Mr. Kennedy was quick topoint out that such a threat would have to be used with great delicacy.He seemed unsure of its desirability. He did not defend its constitutionality. He was just thinking aloud.' In April of 1963, the Civil Rights Commission evidenced no

such finesse. The Commission recommended flatly to the PresidentthL he seek power to suspend or cancel either all, or selected parts of,the Federal financial aid that now flows to such States as Mississippi,"until [such States] comply with the Constitution and laws of theUnited States." It w-as unclear precisely how a judicial determina-

■ 'ould be reached that entire States had failed to comply with"constitution and laws of the United States, but this small question of due process apparently troubled the Commission not at all.

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The question troubled Mr. Kennedj'. In his press conference ofApril 17, the President blinked at this startling proposal and turnedaway from it:

I don t have the power to cut off aid in a general way as wasproposed by the Civil Rights Commission, and I would thinkit would probably be unwise to give the President of theUnited States that kind of power because it could start in oneState and for one reason or another might be moved toanother State which has not measured up as the Presidentwould like to see it measure up in one way or another.

It is a fair question to ask what happened. What happened between April 17, when the President voiced these comments at hispress conference, and June 19, when his majority leader introducedhis Civil Rights Bill? How did a power that was "probably unwise"in April become a power tbat was "essential" in June? The obviousansv\er is that the interim was marked by widespread racial demonstrations. But It is not pleasant to conclude that the President of theUnited States may be coerced, intimidated, or black jacked intochanging his mind so swiftly on a legislative proposal of fateful importance. What happened?

We earnestly submit that the punitive terms of Title VI of thisbill threaten gross violation of every principle of due process of law.No provision whatever is made for determining when individuals"participating in or benefltting from" various programs are "discriminated against." The two sentences of this Title define no terms. Theypropose no judicial inquiry. They leave hundreds of millions of dollars in "Federal funds," paid for by all of the people—black, white.Liberal, Conservative—at the uncontrolled discretion of the Presidentor someone else who may determine this "discrimination."

These programs include aid to dependent children, aid to theblind, aid to the permanently disabled. They include funds for vocational education, hospital construction, public housing, the insurance of bank deposits. Federal personnel would be authorized to supervise loans by banks and building and loan associations, farm financing of all kinds, government subsidies, conservation programs, smallbusiness loans and contracts in any activity affected by governmentloans, insurance, guaranties, or grants. If a Federal agency made anadministrative finding that discrimination exists. Federal support

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could be withdrawn and the institution or program wrecked.To permit a President—any President—to suspend such programs

on his own unchecked conclusion that certain beneficiaries are "discriminated against" would violate the whole spirit of uniformitythat pervades the Constitution. The supreme law of our land providesthat "direct taxes shall be apportioned among the several States according to their respective numbers." Duties, imposts and excises"shall be uniform throughout the United States." There must be a"uniform rule of naturalization" and "uniform laws on the subject ofbankruptcies." Many other provisions attest this same concept ofequal treatment among the States.

Only by a fantastic distortion of the congressional power underthe 14th and 15th Amendments could this Title VI be justified. Itseffect would be to penalize the many for the occasional unlawfulconduct of the few. Its potential application would jeopardize thevery lives and well-being of thousands of innocent and law-abidingpersons, including veterans, blind persons, and disabled persons, inorder to bludgeon a handful of State officials into line with a President's desires.

It seems to us sufficient merely to quote the language of thistyrannical Title of the President's bill. The language speaks mosteloquently for itself.

TITLE VII—COMMISSION ON EQUALemployment opportunity

This final substantive section of the bill authorizes the President to establish a "Commission on Equal Employment Opportunity" This permanent agency of the government would be headed bythe Vice President; the Secretary of Labor would serve as vice chairman There would be up to 15 members in all. An executive vicechairman would run the operation. The Commission would be empowered to employ "such other personnel as may be necessary. Thebill defines the commission's duties:

It shall be the function of the Commission to prevent discrimination against employees or applicants for employinent because of race, color, religion, or national origin by Govern-ent contractors and sub contractors, and by contractors and

Sb contractors participating in programs or activities in which19

direct or indirect finafncial assistance by the United StatesGovernment is provided by way of grant, contract, loan, insurance, guaranty, or otherwise. The Commission shall havesuch powers to effectuate the purposes of this title as may heconferred upon it by the President. The President may alsoconfer upon the Commission such powers as he deems appropriate to prevent discrimination on the ground of race, color,religion, or national origin in Government employment. [Emphasis supplied}.

Again, it seems to us necessary merely to quote the provisionsof the hill in order to make their autocratic nature evident to everythoughtful observer. The power here proposed to he conferred uponthe President is virtually unlimited. No legislative limitations of anysort aie suggested. The President may confer upon the Commission"such pou'ers as he deems appropriate." And whether these includethe power to impose criminal sanctions, or to seek civil injunctions,or to abrogate contracts awarded under sealed hid, no man cansay. The Commission's powers would he whate\'er the President regarded as appropriate; and the definition of 'government employment" is as wide as the Federal budget itself. The administration shill proposes, in effect, that the Congress abdicate, and turn its legislative powers over to the White House. Ihe powers here demandedarc not the powers rightfully to he exercised by a President in a freecountry. These are the powers of a despot.

There is a final Title VIII in the hill, authorizing the appropriation of "such sums as are necessary to carry out the provisions of thisAct." What these sums might amount to, again, no man can say.

This is the package Mr. Kennedy has asked of the Congress.He has asked it in an emotional hour, under the pressures of demonstrators who have taken violently to the streets, torch in han .

We of the Virginia Commission ask your quiet consideration ofthe hill. And we ask you to communicate your wishes to the membeisof the Congress who represent you in the Idouse and Senate.

Richmond,August, 1963.

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'4a

if;

Members of the Virginia Commission onConstitutional Government:

David J. Mays, Chairman, Richmond, Va.Attorney; Pulitzer Prize winner for historical biography.

James J. Kilpatrick, Vice Chairman, Richmond, Va.Editor, The Richmond Ncvis Leader-, author.

Albertis S. Harrison, Jr., Richmond, Va.Ex-officio member of Commission; Governor, Commonwealth of Virginia.

E. Almer Ames, Jr., Onancock, Va.Attorney; member Virginia Senate; Vice-President andDirector, First National Bank, Onancock, Va.

Hale Collins, Covington, Va.Attorney; member Virginia Senate.

W. C. (Dan) Daniel, Danville, Va.Business executive; member Virginia House of Delegates;past National Commander, American Legion.

John A. K. Donovan, Falls Church, Va.Attorney; member Virginia Senate; General Counsel andDirector, Security National Bank, Fairfax County, Va.

J. Segar Gravatt, Blackstone, Va.Attorney; Trial Justice for Nottoway County, Va.

Frederick T. Gray, Richmond, Va.Attorney; former Attorney General of Virginia.

Burr P. Harrison, Winchester, Va.Attorney; former member of the United States Congress.

Edgar R. Lafferty, Jr., King William, Va.Business executive; farmer.

Garnett S. Moore, Pulaski, Va.Attorney; member Virginia House of Delegates.

William T. Muse, Richmond, Va.Dean, T. C. Williams School of Law, University ofRichmond; author.

W. Roy Smith, Petersburg, Va.Business executive; member Virginia House of Delegates.

W. Carrington Thompson, Chatham, Va.Attorney; member Virginia House of Delegates.

William L. Winston, Arlington, Va.Attorney; member Virginia House of Delegates.

„aau

-A\ >\V

Q.—(From May Craig, die Portland Press Herald) Mr. President, doyou think that Mrs. Murphy shouldhave to take into her home a lodgerwhom she does not want, regardlessof her reason, or would you accepta change in the civil rights bill toexcept small boarding nouses likeMrs. Murphy?A.—The question would be, it

seems to me, Mrs. Craig, whetherMrs. Murphy had a substantialimpact on interstate commerce.[Laughter!. Thank you.

—The Press Conference,July 17, 1963.

★ ★ ★Additional copies of this commentary may be obtained onVirginia Commission on Constitutional Government, Travelers p 3Richmond, Virginia. The Commission is an official agency ot emonwealth of Virginia, created by act of the General "ssemb y m .Up to 10 copies no charge; 50 copies $5.00; 100 copies $9. , ,copies $75.00.

THE

SUPREME COURT

THE

SUPREME LAWBREAKER

Informing the people howtheir liberty and propertyare being embezzled inWashington.

byHarry P. Gamble, Sr.Attorney-at- Law- Retired

of

New Orleans Bar

PREFACE

To those who respect Harvard wisdom, listen tothe warning in 1958, of Dr. Mc llwain, a Professorof the Science of Government:

"Never in recorded history, I believe, has theindividual been in greater danger from government than now; never has law been ingreater jeopardy from arbitrary will; andnever has there been such need that we clearly see the danger and guard against it."

He does not name all the sources of this danger;but those most obvious are:

The President, when he commands Federal troopsto invade States,- or, for example, issues "executiveorders" threatening to take bread from the mouthsof thousands of working people, by withdrawingFederal funds appropriated for local projects, tillhis commands are obeyed;AND the Attorney General, who may and does

pin the badge of a U.S. Marshal's authority onhundreds of bullyboys, and sends them out to intimidate local authorities to bring them to hisviews;AND bureaucrats who freely issue "directives"

to control the doily lives of thousands of people,from one to two thousand miles distant fromWashington; people whose local laws and culturemay be very different, even repugnant, to those ofthe area of their upbringing;AND the Supreme Court commanding obedience

to their indefensible decisions, under threat of unlimited deprivation of liberty and property fornoncompliance.

It is true the Professor relies largely on an "able,honest, learned, and independent judiciary" toprotect us from the aggressors, but odds:"I am not defending Indefensible decisions

of our courts. I would not shield them fromthe severest criticism."

It is these lawbreakers and unauthorized lawmakers who are dealt with in the following paper.New Orleans, Louisiana, July 14th, 1963.

Harry P. Gamble, Sr.Of the New Orleans Bar

Note 1: Pertinent provisions of the Constitution are foundin the appendix.

Note 2: All emphasis supplied by the writer.

Lan boutherners aTTora to oe rignr with rneir money in

WHO ARE THE LAWBREAKERS

The parrot cry, "Obey the low," is heard dailyfrom Washington. Yet the chief lawbreakers arethere; among them, the President, who issues unauthorized "executive orders," and commands theFederal army to invade the States.

But the cocks of the roost, are the nine menon the Supreme Judicial Bench of the UnitedStates. These nine men are uncontrolled. Theirpower is supreme, irresistible, and absolute, inour so-called democracy. Yet in every age inthe long ages of government, it has been demonstrated, in the language of Lord Acton,often quoted, that:"Power corrupts; absolute power corrupts

absolutely."There is no authority in our system to check

these nine men; or correct their mistakes, however grievous; or nullify their seizure of unauthorized power; or punish their acts oftryanny.

From time to time the earlier Judges sitting onthat Bench have recognized their freedom fromcontrol, and asserted that it was not their functionto go beyond "judicial review."

Chief Justice Marshall (1801-1835) briefly defining this Judicial Review said:

"The Court is merely a legal tribunal for thedecision of controversies brought before themin legal form."

Judicial review means in general, that in casesappealable to the Supreme Court, it will review theevidence introduced in the lower court, and weighing the law applicable, will affirm, reverse, or correct the judgment there rendered. The law applicable has never been held to mean that theCourt may contrive, forge, or enact a law, whichin its opinion fits the case, but shall render a decision on existing law enacted by the lawmakingpower, constitutionally authorized so to do. If thelaw applied to the case below, in the opinion ofthe Courts is not constitutionally authorized, then itapplies other existing law; still not contriving oneof its own, either by strained interpretation, ordownright enactment. No one has ever contendedotherwise.

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A recent announcement of that limitation byChief Justice Vinson (1946-1953) declares:

"Since we must rest our decisions on the Constitution alone, we must set aside predilectionson social policy and adhere to the settledrules which restrict the exercise of our powerto judicial review." (346 J.S. 240 1953)

judge Horlan, father of the sitting Judge Harlan,stated the same thing in this language:

"When the American people come to the conclusion that the Judiciary is usurping to itselfthe function of the legislative department, andby judicial construction is declaring whatshould be the public policy of the UnitedStates, we will be in trouble."

In referring to the 14th Amendment, fraudulentlyadopted in 1868, which has become a bottomlessfish hatchery, from which the Court has hookedsome queer fish, never before suspected of inhabiting those waters, the eminent Judge Holmes (1902-1938) said:

"I cannot believe that the Amendment was intended to give carfe blanc to embody oureconomic or moral belief in its prohibitions."Referring to the rights reserved to the states inthe 9th and 10th Amendments, he remarkedthat:

"There is hardly any limit but the skyto invalidating these rights if theyhappen to strike the majority of thisCourt OS for any reason undesirable."251 U.S. 580 (1930)

And Chief Justice Hughes (1930-1941) commented:

"It is not for the Court to amend the Constitution by judicial decree." This frankspoken jurist once observed, "The Constitution is what the Supreme Court soysit is."

This assertion of a submerged truth did not muchshock the careless American people; though displeasing to the Court.Judge Douglas, still sitting, exploded furiously in

the California-Colorado water diversion case,against the majority decision, saying:

"This case will be marked as the baldest at-

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I Can Soufherners afford fq _b^tight with their mojiey

tempt by Judges in modern times to spintheir philosophies in the fabric of the lowin derogation of the will of the legislature."

It will come as o surprise when disclosed thatthis same Judge (one of the law school teachersappointed, maybe a DEAN) in the earlier case ofthe Black School decision of 1954, took a contrary stand, and agreed to founding the decisionin that case on the mind reading speculations of aSwede, Gunar Myrdol, and associates, whofigured that it would make the Negro childrenfeel bad if they could not sit with white children in public schools.

THEIR OWN WILL THE ONLY RESTRAINTOF THESE NINE MEN

In reorganizing their absolute freedom from control, the Court has frequently stated, to use thewords of Chief Justice Stone (1925-1946).

"The only check on our exercise of power isour own sense of self-restraint," Butler case.

In thus admitting their freedom from control,they declare they are a super-government.Such a super-government, not elected by the

people, but appointed for life, is not toleratedby the great democracies of Europe,—not byEngland, nor France, nor Germany, nor Italy.This fact is unknown to the great mass of theAmerican people. The continuance of this uncontrollable power in the hands of nine men,is undeniable proof that a potent segment ofour political leadership does not trust democratic processes; and have somehow contrivedto surround these mere human beings with ahalo of sanctity not merited in the experienceof life, except by saints; a sanctity which endeavors to protect them from criticism, nomatter what.

It is as if assumed and asserted that the appointment by the President of a politically deservingfriend (or to get rid of on opponent), will mokethat politician qualified to sit on the highestTribunal in the Nation.

In more than one instance such an appointmentby the President has been charged to this mode ofridding himself of on active opposition candidate.

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President Lincoln appointed Senator Samuel B.Chase to be Chief Justice in 1864, when Lincolnwas a candidate for re-nomination of the Republican Party, and Chase was an avowed candidatefor the some nomination.

It has been printed that a political deal wasmade at the 1952 Republican National nominatingconvention between Governor Warren, who controlled the 72 votes of California, and Eisenhowermanagers—Eisenhower to get the votes for a decisive lead to the nomination, and Warren to bepaid off by appointment to the Supreme Court.This may or may not be true, but since Warrenwas appointed shortly after Eisenhower assumedoffice—with no visible judicial qualifications forthat high office; low-minded persons could scarcelybe censured for raising their eyebrows.

It may be that a miracle can be performed byhanging a black cloth on a politician, to forthwith convert him into a Judge; but few would believe such a ceremony preceded by a sordid political deal, is a correct method to procure SUPERMEN for the Supreme Bench.

It may be accepted as an axiom in governmentthat once a politician, always a politician. A politician cannot escape from a lifelong practice of proposing to amend and improve existing low. Hissuccess in politics has been founded on such promiseand performance. That mode of thinking has become second nature. And though politicians oreon honorable necessity in a democracy, without whom it could not function, the highesttribunal in the land is no place for them. Schoolboys know that it is not the business of Judges tomoke laws, or amend laws, but to interpret andapply the laws enacted by the lawmaking powerauthorized so to do by the Constitution; and thenonly in cases duly brought before them. Relyingon self-restraint by men exercising uncontrollablepower is the zenith of folly—proven in all ages.

Thomas Jefferson who spent fifty years withpublic men in public affairs, expressed his distrustof judicial restraint in these words:

"The Judiciary is the instrument which is topress us at last into one consolidated mass. . . .If Congress fails to shield the States from dangers so palpable and so imminent, the States

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Can Southerners afford to be tight- with their money in

must shield themselves, and meet the invaderfoot to foot." (Thomas Jefferson to ArchibaldThweat, 1821)

And:

"The Judiciary of the United States is thesubtle corps of sappers and miners constantlyworking underground, undermining the foundation of our constitutional fabric."

This worldly wise man did not mean to implythat the men who would serve on the SupremeBench were dishonest or traitors; but simply thattheir natural bent would be to moke the NationalGovernment of which they were a port, supreme.In the long history of the Court, not more than oneinstance is suspected to hove brought the shame oflack of integrity to the Supreme Bench.That is not the charge. The charge is that when

appointed they do not know anything aboutjudicial restraint and are not likely ever to bemuch impressed by that limitation. For they orenot appointed on the basis of their judicial training and learning.That these men not elected by the people to

reign over them, attain their appointments forpolitical reasons, and not for their judicial qualifications, is abundantly proven by the fact that it israre indeed to appoint a member of a stateSupreme Court, or a Judge from the FederalJudiciary, where men of proven ability and manyyears of experience ore to be found.

In recent years, in respect to this judicial restraint" a new note has been interjected by somenow sitting on the Bench, Judge Douglas amongthem; that it is within the province of judicialQction to do some lawmaking; which as we shallsee, they have boldly done—united with its partner, lawbreaking.

This far afield lawmaking and law breakingin recent years have drawn sharp and unusualcriticism from the official organ of Americanlawyers, the American Bar Association; and theofficial condemnation of an assembly of ChiefJustices of state Supreme Benches.

Judicial seizure of power has grown so intolerable, that an Amendment to the Federal Constitution is now in process of adoption for holdingthem in check, and reducing their powers of super-

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government. This Amendment has already beenadopted by several states.

HOW THESE SUPERMEN BREAK THE LAW

When these nine SUPERMEN do not like a law

enacted by Congress or a State Legislature, theyshatter it. All they have to do is to coll it unconstitutional. That it is not authorized, or is prohibited, by the Federal Constitution; and since, inthe words of Chief Justice Hughes, the Constitutionis what they say it is, the law is broken, and anydecision which hod before held it to be law is alsobroken, however long that decision may have beenheld to be law. In our kind of democracy, there isno remedy.

Often the law is busted by the vote of one ofthe SUPERMEN. Four soy 'tis or 'taint constitutional; and four say 'taint or 'tis; then one decidesthe question—to make a majority of five to four.Right here it is easy for the unawed mind to become confused with trying to keep up with the"now you see it, now you don't, " juggling goingon among the SUPERMEN. For in one decision yousee that five are truly SUPERMEN, and the otherfour are bush leaguers; but in the next decision,the bush leaguers are back in the majors, andsome of the former SUPERMEN ore banished tothe minors. These chameleon changes so bafflesone contemplating this coming and going, that heis likely to head for the nut house. Only a lizardin the animal world con pass through thesechanges without loss of prestige.When a citizen is told about these things, he is

amazed that a meek Congress does not performeven the minor checking that the Constitution doesauthorize it to do, if it had any spunk.The highly intelligent men who have made it to

Congress, you may be sure, are not for a momentsmitten with the preposterous idea that hanging adozen yards of black cloth on a politician (or alaw school teacher), and giving him a job for life,will convert him into a SUPERMAN. (The StateJudges are elected for periods of from eight totwelve years; and generally re-elected, since theynever set up as SUPERMEN.)

But somehow a potent minority who distrustthe people prevails; so we in the great American democracy have our super-government.

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A TESTED STATUTE ENACTED BY CONGRESSOR STATE LEGISLATURE WHEN FOUND

CONSTITUTIONAL IS LAW:THAT IS, UNTIL BROKEN

It not infrequently happens that an Act of Congress or a state Legislature is charged before theCourts as being unconstitutional, and therefore,null. If in its decision the Court of lost resort pronounces this low to be constitutional, then it is thelaw. Somewhat carelessly, this decision is itselfsometimes referred to as the law in question.Then business and government, state and na

tional, may and often do, expend millions, evenbillions, on faith thereof. That to the ordinarymind seems logical. The questioned low is settled.Let's go. But to the SUPERMEN, no! Any upcomingset of SUPERMEN may, and often do, assert thattheir predecessors were not the SUPERMEN thattheir contemporaries thought. Not at all. Thatwas a big mistake. They were bush leaguers, orold fogies who did not know what was what. Thisis most extraordinary, since their own claim toabsolute supremacy is founded on the propositionthat as a body they are SUPERMEN. Their puzzlingrefusal to regard each other as SUPERMEN, whiledemanding that in a body they be so regarded bythe people, is disclosed by the fact that;

"In the brief span of sixteen years, between 1937 and 1953, this Court has reversed itself not fewer than thirty-twotimes on questions of constitutional law."Kirkpatrick in "The Sovereign States," p.270. This work is less than 300 pages, bya distinguished journalist, quite understandable by laymen. Published by HenryRegnery Co., Chicago.

In every one of these instances, and many more,before and after, where their predecessors hadpresumably settled the question by declaring that0 disputed act of Congress or Legislature is constitutional, and therefore the low, the reversalbroke that law.

In some of these instances, that law had beensettled for many years, in the meantime frequentlyreferred to and approved by subsequent SupremeCourt decisions.

A case of reversal and breaking, occurring since

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the above record of thirty-two times in sixteenyears, is one which will presently be brought under inspection. That was a decision of the SupremeCourt of 1896, declaring an act of the Legislatureto be constitutional law. In the interim of nearlysixty years. Supreme Courts presided over by sucheminent jurists as Chief Justices White, Taft,Hughes, and Stone, hod quoted that decision withapproval. It was the law.

THE SEGREGATION LAW

That law was an act of the Legislature requiringthe separation of the races in passenger transportation. In a cose before the Court in 1896, it wasdirectly charged that this state law violated the14th Amendment in not granting equal rights toNegro travellers. It was there decided that if theaccommodations were equal, the separation of theraces was not prohibited by the Amendment. Thisestablished the so-called doctrine of "Separate ifequal;" and through the years up to 1954, hundreds of millions have been expended in separateschools and other construction, and in educatingNegroes in separate schools. This was the case ofPlessy vs. Ferguson; 163 U.S. 537. In referring toother contemporary laws requiring separation ofthe races, not only in the South, but in the North,it was stated in that decision:

"The most common instance of this is theestablishment of schools for white and coloredchildren, which has been held a valid exerciseof legislative police power even by Courtswhere the political rights of the colored racehave been longest and most earnestly enforced."

It is true that in public education, which had tobe supported by local taxation, the South was farbehind the more prosperous North, which hadbeen enriched by the Civil War, as the South hodbeen impoverished. Added to the ravages of war,was the ten years of misgovernment and lootingby adventurers from the North—called carpetbaggers because when they arrived in the Souththeir whole worldly possessions were contained ina piece of luggage made of material used in carpet making. These were maintained in office bythe votes of the recently enfranchised Negroes,and thousands of Federal bayonets in each South-

Ton .9niifhprn^r<; nfFnrW tn bi=* tinht wiiih fht^'ir mnn^av.in

ern state. Just as the same self-seeking class ofNorthern politicians are doing today, these carpetbaggers, instead of trying to do something ofeconomic value for the Negroes, who, when theywere freed by their Northern emancipators, wereturned out to barren fields, without economic aidfrom their touted benefactors—these carpetbaggers used the Negro vote to maintain themselvesin office, paying off the Negroes with a minimumof participation in the looting, and a maximum ofsweet talk about sterile "equality."

Among the Southern people, regrettable as itmust be admitted, there was then, as there is today, a relative few who profited by deserting tothe enemy. These, called scalawags, aided thecarpetbaggers and the Negroes; and, with theirdescendants, were ostracized for three generations.When these carpetbaggers were forced to flee

by the bargain of the Southern Democrat leadersof Louisiana, Florida, and South Carolina, with theRepublican President Rutherford B. Hayes, withdrawing the Federal troops they left the Negroin the lurch.—just as their modern white modelswill do when the Northern white voters turn onthem for exciting the Negroes to insurrection inthose parts.

After the flight of the carpetbaggers, both whiteand black had to endure another forty years ofpoverty—though gradually decreasing; until in1915, the European war, demanding cotton, lumber, and other natural resources of the South, permitted a more rapid economic movement upward.The Second World War accelerated this movement. In 1961 the United States Chamber of Commerce published certain conclusions relating toIhct development, referring to it as "nothing shortof spectacular."

Under this improved economic prosperity, thewhites and blacks of the South were making impressive advance in rational partnership when under New York prodding, the SUPERMEN led byEarl Warren, the astute politician from California,broke the law of 1 896—separate if equal. Thisman, with not an hour s training as a Judge, hadjust been appointed by President Eisenhower to beChief Justice over the other eight who had beensitting as Judges for several years. This appoint-

ment was not so reprehensible os might first op-peor, since of these eight, seven hod been put onthe Bench without ony Judiciol troining. It must beodmitted, in oil foirness, thot one of them. JudgeBlock, still there, hod been o Justice of the Peocedown in Alobomo.

The cose before them in 1954, in which theybroke the old low of seporote if equol of 1896,wos where some Negroes in Konsos, Delowore,South Corolino, ond Virginio (the coses consoli-doted) cloimed thot the segregoted Negro schoolsof these locotions were not equol to the whiteschools, ond they wonted the odvontoges of thewhite schools for their children. The Court did notogree thot they were not equol, soying:

"The Negro ond white schools hove beenequolized, or ore being equolized, with respect to building, curriculo, quolificotions ondsolories of teochers, ond other 'tongiblefoctors'."

Thot under the existing low, ond its opprovol byintervening Supreme Court decisions, should hoveended the cose; the Negroes continued in theirequol schools,, ond the seporote if equol doctrineogoin offirmed. But the SUPERMEN soid "No."Thot did not end the cose, they hod found something their predecessors, the White, Toft, Hughes,Stone, Vincent, Court Judges did not know. TheSUPERMEN soid thot they hod reod in o boqk byo fellow by the nome of Gunor Myrdol, who livedover in Sweden on the icy Boltic Seo where thereore no Negroes, in which he cloimed it wouldmake the Negro children feel bod if they couldnot sit with white children in public schools, thoughtheir own Negro schools might be equol to thewhite schools. He wos cited os "omple outhority;"on expert, in other words. The Court noted thenomes of some holf dozen other book writers,who penned more or less the some sentiments intheir books.

Now something peculior hoppened in this cose—something unheord of in judiciol procedure wherethe opinions of persons olleged to be experts oreintroduced to oid the Courts. In such coses it iscommon for the olleged "expert" to be broughtinto Court so thot it moy be determined by due ex-ominotion, ond cross-exominotion by opposing

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counsel, whether the witness is in fact an expertwhose testimony will be of value to the Court.Unhappily for all concerned, the Judges as well asothers, this was not done in this cose.What a field day a competent cross-examiner

would have had with this Swede; and incidentally,protecting the Court from embarrassment in theirsubsequent exaltation of the opinions of the Swede,and his Communist tainted associates.

What a joy it would hove been to question thisresident of the Arctic regions on how he becameacquainted with what it took to make Negroes feelbad; what Negroes did he consult; was the feelingonly mental, or also physical; what schools ofmedicine did he graduate from; or was he a follower of the Austrian Freud, who emphasized sexin evaluating mental operations; or the GermanAdier, who stressed fear more than sex in probingthe mind; or had he strayed off with the SwissJung, who hod acquired some twists of his own inthought reading. He could have been required tostate whether his investigations related only towhat made Negroes feel bod, or if he hod included the yellow Chinese, the brown Malays, andthe red Indians. Especially he could have disclosedwhat made white children feel bad, that is if theywere important enough to be included in his roomings; and if by making colored children feel goodby bringing them into association with white children, it might moke the white children feel bad;and which, if either, was the more important, tocontinue the coloreds in feeling bad, and thewhites not, or moke the coloreds feel good at theexpense of the whites?The examination would hove disclosed what we

hope the Judges were ignorant of, when they accepted the Swede, and his companions, as ampleauthority," as they said. These authors were rottenwith Communist associations, some with more thana dozen Communistic front citations. One mustwonder whether, when they approved the Swedeas "ample authority," they had read that part ofhis book declaring that what the Founding Fathersdid when they confected the Constitution "was almost a plot against the common people. An instrument of government which non-Communiststatesmen have acclaimed for one hundred and

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seventy-five years. And was he "ample authority"when he asserted that our Constitution "is impractical and outmoded?"

Having agreed with the Swede that it wouldmake the Negro children feel bad not to sit withwhite children; it was next in order to determinewhether the authors of the 14th Amendment in1868 had intended by it to turn over to the FederalGovernment Public Education in the States. If thatAmendment did not do this then the SUPERMENcould not seize control of these schools. They concluded, happily for their intent, that from "exhaustive investigation" of the times and what wasthen said, the evidence was "inconclusive." Thatopened the way for them to insert in it their ownviews of what ought to hove been, or might havebeen; that is to amend it to suit what they had inmind—namely, that it did take away from theStates the right to manage their own schools whichthey had taxed themselves to support; and turnedover to the SUPERMEN the power to say how theyshould be operated.

It is poetic justice that the fraudulent adoptionof that Amendment permits equally fraudulent interpretations—like the one by the SUPERMEN, thelatest and most disastrous—which has resulted inthe bitter interruption of good relations betweenthe races. That adoption was achieved in an atmosphere of rancour, followed by the very samekind of deception and betrayal of the Negroes bythe carpetbaggers, as is certain to result from similar conduct of the modern form of carpetbaggery.

Having now so interpreted the Amendment thatthey could use it as a basis for their decision toadopt the Swede's cozy views to bring the whiteand colored children together to make the coloredchildren feel better; that they proceeded to do.The Court's precise language in agreeing with theSwede is as follows:

"To separate Negro children from others ofsimilar age and qualifications solely becauseof their race, generates a feeling of inferiorityas to their status in the community that mayaffect their hearts and minds in a way unlikelyto ever be undone. "

The Court failed to discuss whether it would"generate a feeling of inferiority" in the hearts

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Can Southerners ofFord to be tiaht with their money in

and minds of white children, if forced to sit withNegro children. Apparently the Swede hod nomusing on this point.The modern mania for equal rights evidently

does not include within its vague crusade, thewhite race.

To digress for c moment: Every century or so ocraze unaccountably seizes on the world, as thisegalitarian craze has appeared in our times. Inthe 13th century thousands of children werepreached in Europe into a march on Jerusalem tofree the Holy Sepulcher from the infidel Saracens.These who did not starve or drown before theyreached sea ports, were sold into slavery? Thewitch craze of the Middle Ages took the lives of300,000 men and women in Europe; not forgettingthe seventy-five (75) tortured and executed in Massachusetts in the 1600s. The South Sea and JohnLaw Investment Bubbles of the 1700s impoverished tens of thousands in France and England.One which much resembles that of today, was

the St. Vitus Dance mania, in Germany, wherepeople went prancing about the country in swarms.Due to the more rapid and far distant communi

cations, the egalitarian mania of today extendsfrom Washington and New York to Africa; wherethe natives of Angora and Congo demonstratetheir claim to equality by perpetrating crimes onhundreds of white men, women, and children-priests and nuns—so bestial as to be beyond anycivilized imagination—the women roped beforethe eyes of dying men bleeding to death fromunprintable mutilations—being the mildest. Covetous of the riches of Africa, the white nations ofNato, including our own, hastily sweep these horrors under the rug, and hypocritically toady to theambassadors" from that country.The brand of hypocrisy is the same; whether the

white politician is bootlicking for the Negro votein America; or the international "statesmen arekotowing to African ambassadors the result willbe the same—the black man will end up with hispockets picked by these self-seeking fakirs.

Writing of the crusades. Wells remarks: Fromthe very first flaming enthusiasm was mixed withbaser elements."

Returning to the integration decision; strangely—13—

enough in this case, end all the others which hovefollowed in respect to adult Negroes, an admissionis inherent in what the Court said, and acceptedby all who agree with the Court, including the"demonstrating" Negroes, that the Negro is inferior, and the only hope for his advance is"forced" close association with whites. Later disclosures of his advancement in a segregatedsociety, will not support such a contention.

BARRIERS WHICH THE COURTHAD TO ELUDE

But the Court was confronted with several apparently insurmountable obstacles. How could thisconstant association, required to improve the asserted inferiority of the Negro children in this case,and subsequent adult cases; and to make them allfeel better; be achieved in the face of the segregation lows of many states. North and South? Theonly answer was for the SUPERMEN to break thelaws requiring segregation. That they just hauledoff and did. They said the WHITE, TAFT, HUGHESAND VINSON COURTS did not know what theywere talking about when they approved the "separate if equal" doctrine. The oldtimers did nothove the benefit of the Swede's discovery that itwould moke the Negro children feel bad not to sitwith the whites; and, too, they might not hovebeen frank and cold enough, to say that the Negrois inferior, and that the only remedy for that isconstant contact with the white. The knockoutblow come in these precise words:

"Any language in Plessy vs. Ferguson (the olddecision of 1896) contrary to this finding (thatis what they and the Swede had agreed upon)Is rejected. "

It may again be repeated that the man whowrote this opinion downgrading the old Judges,had never before his appointment served as aJudge.

It may be added here that the practice of appointing deserving political friends has not ceased.A little while ago the President appointed Messrs.White and Goldberg to fill vacancies on the Court.In these coses, one was the associate of Bobby Sox,Attorney General, whose judgment of what arethe qualifications of a Supreme Judge, may bemeasured by the fact that his first contact with any

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Can Southerners afford to be tight with their money inthe face of this?

Contributions for the widest possible printing and distribution of this pamphlet throughout the nation to be sent to:

Mr. R. Kirk Mover, TreasurerP.O. Box 5348, New Orleans 15, La.

Mr. Moyer is an Insurance Executive, and Past Presidentof the Louisiana Society of the Sons of the AmericanRevolution.

This pamphlet is published by Harry P. Gamble, Sr.,Atty-at-Law—Retired—without profit to the author—toinform the people how their liberty and property are beingembezzled by Washington. Not copyrighted.

At a recent meeting held in Los Angeles' Wrigley Field,Martin Luther King, Jr., collected 35 thousand dollars. Thisis to be used to create more racial strife.

Hollywood Stars Donate to KingSammy Davis, Jr., donated 20 thousand dollars. Later

that evening, a gathering of Beverly Hills citizens responded to an invitation sent out under the signature ofCalifornia Governor Edmund Brown, gathered into thehome of film star Burt Lancaster. Guests of honor wereMartin King and Ralph Abernathy. The guests were giventhe usual hearts and flowers sob story, etc. Then theycame to the point. According to King and Abernathy,they have to have one thousand dollars a day to keeptheir organization operating. "Who wants to pay forone day's operation?"

Actor Paul Newman and his wife, Joanne Woodward,wrote out the first check for one thousand dollars.

Singer Polly Bergen with her husband, Freddie Fields,gave the next check for one thousand dollars.

Anthony Franciosa, who participated in the Wrigley Fieldmeeting, gave another one thousand dollars.

Actor Marlon Brando, gave a check for five thousanddollars.

Lloyd Bridges, TV actor .gave five hundred and Mrs. BurtLancaster the hostess, gave one hundred.

Film stars supporting the Wrigley Field meeting were,right to left, Joanne Woodward, Paul Newman, RitaAAoreno and mulatto Dorothy Dandrige.

Judge, and first appearance in any Court, waslately before the Supreme Court in an integrationcase—a tremendous leap even for a Kennedy.

If 1 may interject a personal statement: I comefrom a football family, and we all admired thestardom in that field of "Whizzer White. But he,no doubt, would readily admit that decking ahusky youngster out in football togs does not makea football star, anymore than hanging black clothon a politician will make a Judge. That the benignGoldberg had a special ability, too, is admitted.If these two apply themselves to their Judicialduties as faithfully as in their preceding specialties.We may wishfully expect that in time they will attain Judicial stature. In the meantime, they sharethe power of the other SUPERMEN.

It is never enough, however, just to say that anold law is out of date and haul off and break it.Correct Judicial procedure requires that somewhere something professed to be superior must befound to justify the law breaking.Where better than in the old reliable 14th

Amendment? So these modern Isaac Waltonsbaited their hooks with the Swedish bait, and wentfishing in those bottomless waters.What they caught is the prize fish story of all

fish stories, surpassing in that field of exaggerationall others, except only that one banishing Godfrom public school rooms.That part of the Amendment to which the right

fish story could apply reads:"No state shall make or enforce any law whichshall deprive any person within its jurisdictionof the equal protection of the law."

Since the schools were equal in the instant casenobody had been denied the equal protection ofthe law on that score. The Swede solved that obstacle The separation would make the Negroesfeel bod; but not the whites. So the "generation"of this feeling bad was adopted as granting theFederal Judiciary a new area of control in passingon laws enacted by the authorized lawmakmgPowers.

The Integrotion fish had been landed. The next,it may be expected, given time for new breeds tohatch—will be the miscegenation shark.

This addition of the state of the feelings of—15—

groups of people in considering the application ofthis Amendment, has opened a vast new field, sovast indeed that the imagination cannot encompasswhere it will end.

Crowds of adult Negroes have lately been persuaded that a large number of their relations withwhites, heretofore not suspected, moke them feelbod—not eating at the same tables, swimming inthe same pools, sitting on the some toilets, andsuch—and they are filling the Courts with demands, and the streets with "demonstrations," thatthey be made to feel better by intimate associationin these matters—forced by Judicol decrees, andnew law enactments. The inherent admission ofimplied inferiority to be cured by these intimatesocial and school ties is ignored. Also ignored inthese "demonstrations" is that the right to "assemble and petition for a redress of grievances" requires that such assemblies be "peaceable." Arethey?The unexpected catch of this feel bod fish in the

school case met with shouts of joy from the surprised New Yorkers, who from the first promotedonly suits claiming inequality in such "tangible"things as building, curricula, teacher qualifications,salaries, etc.

Now the objective was quickly changed, and theNew Yorkers, mainly an organization called theAssociation for the Advancement of Colored People, the well-known NAACP, sent out emissaries,at first only to the South, but later to all parts ofthe country, to teach the Negroes how to feel bodabout a variety of things besides not mixing inschools. This went exosperotingly slow in the beginning, for the innocent Negroes did not knowthat they should feel bad about these things. Infact, they were feeling pretty good about the advancement they were making alang all lines inAmerica. An example of their progress is notedeven in bod old Mississippi. Governor Barnett ofthat State, quoted in the June 3rd issue of the U.S.News and World Report, said:

"We have Negroes who own their own businesses, quite a number of them wealthy businessmen. There are more than 27000 Negrofarmers who own title to land valued at approximately 100 million dollars. More than

—16—

27% of the privately owned homes in Mississippi ore owned by Negroes. We hove Negroprofessional people, such as lawyers, doctors,teachers, dentists, social workers, nurses andmany others."

Does that sound like the grade of inferiority thatthe Court must cure by "side by side" contact withwhites? Is that really poor achievement for theNegroes in the lost fifty years, when both blockand white in the South got the chance to move upward economically?Propagandists refer to the "plight" of the Ameri

can Negro. What in fact is that plight? The Census Bureau has released figures for 1960 showingthat the Negro in the United States has an annualincome exceeding that of the whole people ofFrance, Germany, Italy, Russia, Norway, Mexico,Japan—and equal to that of Great Britain,$1150.00. Only Canada, Australia, Switzerlandexceeds that level.

Nevertheless, the agitators mode progress, atfirst having to poy some of the Negroes to feelbad. The NAACP with its annual expenditure ofone million dollars, according to its public audit,was the leader. But at once. Northern politicians,sensing votes to be hod, hypocritically sprang intothe act.

Progressively in the lost year, discovering thatfeeling bad about all sorts of things, and shouting"equality," could get their names in a sensation-seeking press, and their pictures on TV, Negroesare filling the streets with hysterical yelling mobsof men, women and children, disturbing the publicpeace, lying down in public places, throwing popbottles and stones; their ministers making politicalspeeches disguised as prayer; in short, having thetime of their lives in all these forms of emotionalexcitement.

Bored by the monotonous routine of preachingthe gospel, white ministers, not indifferent to theirnames and pictures being broadcast, can persuadethemselves that they are martyrs by going to jailfor a few days.

Then there are other white ministers who fromhigher stations in their clerical organizations, speakwith pompous authority, who expect the populaceto be impressed that they had just received a tele-

—17—

phone message from God directing them to springto the front of marching, lawbreaking Negroes, demanding "rights"—claiming the constitutional rightof "peaceable assembly." One wonders at thecolossal conceit of these men, who imagine, orprofess to believe, that God hod withheld such instructions from their learned and spiritual predecessors; awaiting till these chosen ones should appear.One may suspect that among these, too, "the itchfor the praise of fools," is not absent.

Teenagers, according to a pattern emerging allover the world join in "demonstrating." Maidenladies and frustrated wives, lying down in thestreets and offices, force police to drag them offbodily; not a little titillated by indecent exposure.Many of these come from distant places to do

their bit; ignoring the opportunities in their ownback yards. Dickens etched this type indelibly inBleak House a hundred years ago, describing Mrs.Jellyby who was "involving the devotion of all myenergies," as she said, in improving the conditionof those unfortunates away off yonder—in hercase—Darkest Africa; while her own children wereill clad, unwashed, ill nourished, one of themtumbling down stairs, so that a visitor could countthe sounds of his bumping head as it struck eachstep; and another "crying loudly, fixed by the neckbetween two iron railings," "while Mr. Guppy, withthe kindest intentions possible endeavored to draghim back by the legs, under a general impressionthat his head was compressible by these means."To all of this, Mrs. Jellyby was serenely oblivious, while she made diapers for the babiesof the Congo, and "discussed the Brotherhoodof Humanity, and gave expression to somebeautiful sentiments."Not to be left behind their brethren of the South

in all these "demonstrations," the NorthernNegroes are going at it on so large a scale as toscare the tar out of their politicians; and these, intheir consternation that they have aroused barbarous emotions which they cannot control, arecrawling on their knees, begging for restraint, lestthese riotous eruptions turn Northern white votersagainst them, and they will lose their jobs. Callousto all else, they neither think nor care what all thiswill do to the poor Negro. It takes no majorprophet to foresee that a check in Negro advance-

—18—

ment will come; a setback which may lost fordecodes; and the innocent Negroes will see thatthey have been deceived by heartless self-seekers,and will turn on the leaders, both white and black,who have cost them so much.

FEELING BAD AS AN EXCUSE FORBREAKING THE LAW

As we have seen, the NINE MEN have as areason for breaking the old law of separate ifequal, that it made Negroes feel bad.How easy it will be to extend that feeling bad

defense to persons charged with crime. We haveState laws prohibiting and punishing all sorts ofacts deemed against public safety; acts from thedisturbance of the peace to stabbing, murder andrape. What a laugh it would be for a culpritcalled before the Courts for breaking one of theselaws to plead: "I reject that law. To condemn meas it requires, will moke me feel bod." And whata carnival of crime would ensue. Thot is exoctlywhat has happened from the lowbreakingjudgment of 1954 of these politicians sitting ona supposedly Judicial Bench.Not only have mobs gathered in streets, march

ing and yelling, disturbing the public peace underthe mask of right of assembly, making speeches toGod under the blasphemous guise of the sacredrite of prayer; throwing pop bottles and stones atthe police; but felonious crimes have multiplied—murders, rapes and stabbings. Most frighteningof all, murderers and rapists, tried and condemnedto death before State Courts, may now be observed peering from beneath the black robes ofFederal Judges, where for years they have baskedin security; protected by some technicality of thelaw discovered by these SUPERMEN.At this writing there are twenty-six (26) tried and

condemned to execution in the Angola Penitentiaryof Louisiana; three whites for murder; and twenty-three Negroes, nine for aggravated rape and fourteen for murder. Four of the Negroes sentenced in1957; 1 in 1958; 1 in 1959; 1 in I960; 8 in 1961and 2 in 1962.

Two of the Negro rapists in Angola were condemned for raping white women in the state capital at Baton Rouge. Their exemption from execution has encouraged the nephew of one of them to

—19—

another rope of a white woman in that city, taking place July 6th, 1963. Police know that therape of white women by Negroes has multipliedsince 1954; not more than one out of six or sevenbeing brought into the Court, the victims not wanting their shame publicized. Within the last weeka Negro has been identified by his victims, andcharged with attempted rape of one nun and thebeating of another, within their convent walls; inNew Orleans. How many in all Southern States?

In Washington, where it was expected that theconcentrated glare on integration would discloseeverybody mode happy, the contrary is proven bya record of crime since 1954, exceeding that ofany city of comparable size in the country. Washington, where a white American soldier may bekilled on the streets, scarcely noticed, while on thesome day, trumpets blare for a murdered Negroburied in Arlington. Washington, where whitewomen may be assaulted by a Negro in a churchin sight of the Capitol, and in their homes, whiletheir men only whimper, lest they lose votes, ortheir jobs. Did I say men?

Based on his personal observations, no doubtthe Negro Congressman Adam Clayton Powellbragged for the nation to read:"We have the white man on the run. After

him, men; sic 'em." Some Congressmen, unnamed, have been quoted as saying "We shouldtake a recess." Take a powder, they mean.

It is impossible to believe that even Washingtonwould inflict that disgrace on the American peoplein the face of approaching Negro thousands. Letthem take heart. We are informed that right upfront, there will be some of Hollywood's quick-draw heroes to keep order; along with some nicewhite gentlemen in clerical garb sidling up to thecamera boys.What would the Father of his country soy, if he

could see this city named for him, become ajungle; a monument to the folly of the SUPERMEN?

It is unbelievable, that when a young Negro wascondemned to execution for raping and murderingan elderly white woman in Washington, and released by the Supreme Court; Mollory vs. U.S. 354p. 441 in 1957,—one of the judges is reported tohave remarked afterward, "After all he was but

—20—

a lad." The "lad" was reported to have promptlycommitted another offense in Pennsylvania, andkilled by Police. The technicality on which thisconvicted murderer and rapist was freed to commit another crime, is simply too incredible to putdown if it were not verifiable by reading the decision. The question of guilt was of no concern.He was released because, for some reason he wascommitted to prison, and not questioned until sevenhours had passed. It is not now in the recollectionof the writer whether the Court fixed a time withinwhich the questioning must begin; say one hour,ten minutes, and twenty-five seconds, or possiblyten seconds longer. But it is a fact that law enforcement officers the nation over are dismayedlest this ridiculous and indefensible holding of theCourt, results in freeing many vicious criminals.Who is to blame for setting the example of

lowbreaking? On whose shoulders should horrid responsibility settle for these crimes?

THE ADVANCEMENT OF THE NEGROOBSTRUCTED BY THESE

PAID AGITATORS

More than fifty years ago, June 4th, 1910, inthe Outlook magazine, Theodore Roosevelt quotedwith approval the statement of Sir Henry R. Johnson:

"That nowhere else in the world, certainly notin Africa, has the Negro been given such achance of mental and physical developmentOS in the United States. Intellectually he hasattained his highest degree of advancementas yet in the United States. Politically he isfreer there; socially he is happier than in anyother port of the world.

The ex-President added: "The book is of greatinterest and permanent value; and should be in thelibrary of every American who cares to devote alittle thought to one of the largest of the problemsof today." Quoted from Book Review, printed inthe words of Theodore Roosevelt, Vol. XII, pp. 221-2.

This progress had continued up to 1954. Finepublic schools built solely for Negro children,taught by competent teachers of their own racewho best understand them, have multiplied all overthe South. This day go into hundreds of communities and one will see that the newest and most

—21 —

modern schools and campuses are for the Negroes,a fact concealed from the Northern people. Thegreatest Negro University in America, is in Louisiana—five miles from the State Capitol, beautifullylocated on the Father of Waters. This Negro University has all the trimmings that the white StateUniversity has; located two miles from the StateCapitol. (Maybe that is an offense, being threemiles further from the State Capitol than thewhite). It has full academic courses, granting degrees at a regular graduating exercise (upwards of500 in June 1963); homecomings, fraternities andsororities, football and other sports, bonds andcheerleaders. There is nothing collegiate, social,and cultural, on the white campus not also seenon the Negro campus.Negro graduates at other Negro colleges in the

state total 401, not including the privately endowedDillard in New Orleans, a large and well-managedNegro University whose attendance and graduatelevel is not at the moment available to the writer.

In the school year just closing there were286,605 Negro students in 164 Negro HighSchools, with 8,876 graduates in Louisiana, with atotal population in 1963, estimated as 3,300,000—less than the population of Chicago. It would beinteresting to compare these figures with those inChicago.

In the smaller state of Mississippi, near the population of Philadelphia, to quote Governor Barnettagain, there are more than 4000 Negro studentsin State supported colleges; 7,382 Negro schoolteachers in the Negro public schools with mastersdegrees and above; and of 190 million dollarsspent on public schools since 1953," in this by nomeans rich State, "63% went for Negro publicschool facilities." There is much more in the Governor s interview by U.S. News and World Reportthat would show misinformed Northerners that theNegro is better off in Mississippi, than in the greatNorthern cities. But presenting a fair picture ofthe condition of the Negro in Mississippi, or anyother Southern state, to the Northern people cannot be expected so long as the egalitarian maniapersists.There is some sense in the Negro making a plea

for a job. He cannot stay on relief forever; be-

—22—

sides most of them hove the pride of preferring towork to mooching on the taxpayers; but the cryof lack of employment is something recentlythought up by those who profit by agitation. Heretofore those who presumed to speak for them;those whose real object is to cause racial divisionand clash; those who were stirring to howling complaints, sit-ins, lie-ins and butt-ins, were eloquentwith phrases as meaningless as they are sonorous—"human dignity," "plight of the Negro," "socialrevolution. A favorite is second-class citizenship," used in a sense which disregards good conduct as the indispensable duty of citizenship. Alater one is produced by Bobby Sox, Humanrights are superior to States' Rights." Whatevermeaning Bobby attaches to this bombast, it iscertain that for him States' Rights do not exist. Another is in constant use,—"discriminate." Wouldthese good white men of the clerical cloth, who areopposed to discrimination refuse a daughter shand to one of the lusty young Negro "demonstrators?" Maybe these particular show offs wouldnot. Ask them.

IMPENDING DESTRUCTIONIs the advancement of the Negro mode in the

United States in the last hundred years, and especially in the South in the lost fifty years, to beignored, obstructed, possibly destroyed by the votehustlers, financial profiteers, and gullible do-gooders?

When the unsuspecting Negro is being arousedto heights of insurrection passion, white men andwomen of the South, of good will and compassion—and these are, or were, in the vast majority-are reluctantly compelled in self defense to remindall concerned, that in his own country of Africa hemade no advance whatever in the 6000 years thatthe white man was painfully creating the civilization of which now in American the transplantedNegro has the advantage.

Is it unkind to suggest to Martin King, Wilkins,et al, that if their ancestors hod remained inAfrica; what with disease, tribal wars, and cannibalism' they might not hove survived to becomesires of these descendants now demanding so muchfrom the white man s civilization in America?

In those 6000 years that the Negro achieved—23—

, . "IW-v-

nothing in his own country of a hundred million—in Egypt, next door to him, her engineers constructed the Great Pyramid 5000 years ago, onamazing feat still puzzling to moderns. Separatedfrom Caucasians of the West by the vast lengthand height of the Himalayas, the Yellow Chinesemore than 2000 years ago built the Great Wall1400 miles long, to protect them from the Mongolian Hordes—the Empire then more than 1000years old, with great cities, and art and literature.The Brown Japanese boast of a culture 2000 yearsold when Christ was born. And when Columbuscrossed the sea, he found 3000 miles from Westerncivilization, the rich culture of the Red man, whichCortez and Pizarro pillaged in the Halls of Monte-zumo and Golden Palaces of the Incos.

In referring to the kindly feeling existing between the races in the South before the SupremeCourt caught its integration fish, I beg to interjecta personal note. I was born and reared on a cotton plantation in North Louisiana; grew up withNegro playmates; know their good qualities whennot deceived and misled; and I am saddened whenI perceive what is in store for them under a leadership so fraudulent as to be criminal. One of myplaymates, bedridden in his home in his lost years,I never failed to visit when frequently visiting hissection of the State. We would spend a happyhour recalling incidents of our boyhood and earlymanhood. I con assure our Northern fellow citizens, that there were many thousands of such relationships between Negroes and whites of theSouth.

So far as the South is concerned there is moreseeming than fact in all this Negro hurrah. TheNegro is by no means the fool that the front runners of his race are making him out to be. Ihaven t the least doubt that the majority of themwithin their own thoughts, wish these disturberswould subside. But as is frequently the case withthe whites, these remain quiet lest they be censured by the more vocal, or even injured.

BREAKING ONE LAW CALLED FOR THEBREAKING OF ANOTHER

The politicians sitting on the Supreme Bench in1954 did not stop with breaking the old low of1896. Having decided what will make the Negro

—24—

feel bad, they went on to the next step, and determined that they must do something to moke himfeel good. But here they were confronted with another Constitutional obstacle,- the specific declaration in the very same 14th Amendment (Sec. 5) thatonly

"Congress shall have the power, by appropriate legislation, to enforce the provisions of thisArticle."

But what if Congress did not agree with whatthe SUPERMEN professed to have discovered inthis Article, since it was not so written; and whatif Congress did not take any stock in what theSwede & Co. said about it making the Negroesfeel bad if they could not be right there by theside of the whitemon in whatever he was doing—leaving the presumption that he had no ideas, likings, business, or choices of his own. There arein fact many Congressmen, especially those fromthe South, who do not believe any such thing.They have known and lived beside the Negroesall their lives, and they are quite positively certainthat the Southern Negro would prefer to have hisown schools and teachers, and run his own affairs;and that all the commotion whipped up by NewYork, et al. is just so much profitable poppycock.

But since the SUPERMEN hod gotten away withit before, they decided to go it alone in this cose.The judgment they issued required the DistrictJudges:

"To take such proceedings, and enter suchorders and decrees, as are necessary andproper to admit to public schools on a raciallynondiscriminatory basis with all deliberatespeed," the parties to the case.

This has been expanded so, as a matter ofcourse, the Federal Judges, and not Congress, are'enforcing the provisions of the 14th Amendment.

It will be noted that in the accompanying specificinstructions to the District Judges, the SUPERMENdelegate to these Judges the rights and duties—which they had themselves usurped—to breakState laws or local ordinances, and enact others totake their places. These are the precise instructionsgiven to the District Judges:

"Full implementation of these constitutional—25—

principles (meaning those which they hod inserted in the Amendment) may require solutionof local school problems . . to that end Courtsmay consider problems relating to administration, arising from the physical condition of theschool plant, the school transportation system,personnel, revision of school districts and attendance areas into compact units to achievea system of determining admission to the public schools on a nonrociol basis, and revisionof local lows and regulations which maybe necessary in solving the foregoing problems."

Even King Jehosophot did not assign suchwhopping jobs to his Judges. Presumably theseDistrict Judges know all the multiplied aspects ofpublic school management required of a competent Superintendent of Public Education who haslearned them by many years of observation andpractice; or they must instantly learn them—inwhat school not stated. It is a marvel that more ofthem do not reluctantly assume these added executive duties; but maybe very many are reluctant butare scared of the SUPERMEN—except some whomay be eager for earned promotion; such as ourNew Orleans District Judge Skelly Wright, whosequick promotion is expected to entice others tofollow his example.

That the SUPERMEN quite well understood thatthey were usurping the exclusive authority of Congress, is perceived in their evasion of the word"enforce" when they instructed the District Judgesto implement their judgment. In their embarrassment, they tried, not too cleverly, to escape fromthe specific constitutional limitation, by adopting aword to take its place. They have said repeatedlythat their decisions shall be "implemented"(meaning "enforced") by the directions they gaveto the lower Judges. The word implement as averb is not found in any legal dictionary, the oldreliable Bouvier, Ballantine, or the 1951 edition ofBlock. The lower Judges hove understood theirsuperiors quite well; and have issued orders anddecrees by the dozens to "enforce" the provisionsof the 14th Amendment, the exclusive right of Congress so to do be damned. The Courts hove alsoadopted another word to serve their purposes

—26—

"desegregate" which was not in any dictionary,academic or legal, until it was inserted in Webster's International Dictionary in 1959.So we find the Court in the business of supple

menting the English language to convey its meaning in the assault on the Constitution. It will not belong before the Federal Judiciary will ease into theuse of the word "integrate," as a substitute for"desegregate. " Then it will have gone the wholehog. The thin mask will be completely off. Therewill be no need for Congress to exercise its specifically granted and exclusive power to "enforce"integration of the races in all cases where the lackthereof is alleged to make the Negro feel bad.The obliging Federal Judiciary will do it.

STILL MORE LAWBREAKING ANDLAWMAKING

It soon becomes obvious that in lawbreaking byon all powerful governmental body like the SUPERMEN, some very serious and dangerous law-making must follow in its wake to carry out theirenactments. The Court has ordered integration of the races wherever demanded by NAACP;and masks off, proposes to enforce their commandsby expanding the rule of Contempt of Court topunish noncompliance.The world over when the lawmaking power en

acts a statute where a compliance is required or aviolation punished, the same law fixes a penaltyfor disobedience. The limitation of punishment isclearly stated, generally in such terms as "fined notmore than" so many dollars, or "imprisoned notexceeding a term stated.Again the world over, there the lawmaker stops.

It is left to another and not self-interested authorityto hear and condemn breaches, and assess punishment with the stated limits. There was a time threehundred years ago when the Divine Right Kingsclaimed the right, (called Prerogatives) to makelaws, fix punishment for noncompliance, try culprits,'and clap them in jail; all without the intervention of Parliament. Those Divine Right claimspetered out when one was exiled, and another hadhis head chopped off.A revival of that right is now claimed, or at

least apparently threatened by Federal Judges.—27—

Under the guise of well-known and admitted rightto maintain decorum in their court rooms, to require witnesses to answer proper questions, and enforce a well-known general line of Court orders,noncompliance with their integration lows, orders,and decrees is now threatened with unlimited finesor incarceration in jail, without the right, as old asMagna Carta of 1215, to a trial by jury of theirpeers. The authority for this taking away the property and liberty of American citizens, specificallyprohibited by Articles of the Constitution (appended), they will call Contempt of Court. In thatprocedure, the lawmaker, the prosecutor, theJudge, and the executioner will alf be centered inpne person,—contrary, it is repealed, to a universally admitted principle, and specifically prohibitedby the Constitution.Some imaginative journalists have speculated on

the infliction of fines as much as one hundredthousand dollars, and imprisonment up to tenyears. It is remarkable that in mentioning thesepossibilities, these generally well-informed men, didnot express the slightest dismay. That is how forwe hove gone in our indifference to the warningof the Harvard Professor that, "Never in recordedhistory has the individual been in greater dangerfrom government than now."

It may take the infliction of such punishment toawaken complacent Americans to their peril, lesttheir liberties so valiantly and bloodily fought forby their ancestors, will fade away under thetyrannical rule of uncontrolled SUPERMEN.

"Power corrupts; absolute power corruptsabsolutely."When the sage, Benjamin Franklin, in his old

age, was asked by a lady, after the adoption ofthe Constitution in 1787, in the confection of whichhe took on active part, "What kind of governmenthove we now, Mr. Franklin?" He replied, "A Republic, Madam, so long as the people hold fastto it."

Are the people "holding fast to it?" It is concealed from them that in this country there are determined and influential men who, in the languageof Jefferson, "ore mining and sapping at the foundation of our Constitutional government," with theaim to center all power in pressure groups at

—28—

Washington; robbing the States of the guaranteesof the right to mohoge their local affairs; reducingthem to the level of provinces.

OBEY THE LAWS? LET WASHINGTONSET THE EXAMPLE.

-29-

APPENDIX

PERTINENT PROVISIONS OFTHE FEDERAL CONSTITUTION

Article III

Section I. The Judicial power of the United States shall bevested in one Supreme Court, and in such inferior courts asthe Congress may from time to time ordain and establish.The trial of all crimes, except in cases of impeachment,

shall be by jury; and such trial shall be held in theState where the said crime shall have been;

* * *

(Note: "The Courts derive their powers from the grant ofthe people mode by the Constitution and they areall to be found in the written law, and not elsewhere." Wheoton vs. Peters, 591, 658; Bucher vs.Cheshire, 125 U.S. 555. "It must therefore find itspower to punish the crime in lows of Congresspassed in pursuance of the Constitution, defining theoffenses and prescribing what courts shal l have jurisdiction over them. No act can be a crime againstthe United States which is not made so or recognized OS such by federal constitution, law, or treaty."U.S. vs. Hudson; 7 Cranch, p. 32; Cooley Principlesof Constitutional Law, p. 138.

AMENDMENT VNo person shall be held to answer for a capital or other

wise infamous crime, unless on a presentment of a grandjury . . . nor shall any person be deprived of life, liber-ty, or property without due process of law . . .

AMENDMENT VIIn all criminal prosecutions, the accused shall enjoy the

right to a speedy and public trial by an impartial juryof the State and District wherein the crime shall havebeen committed.

* * *

EQUALITY DEFINEDUnder the 14th Amendment "equal protection" means

"that every man's civil liberty is the same with that ofothers. That Men Are Equal before the low in rights,privileges and legal capacities. Every person, howeverlow, or degraded, or poor, is entitled to have his rightstested by the same general laws which govern others.'Cooley, pp. 235-6.

* * *

AMENDMENT XIV."Section 1. . . . No State shall make or enforce anylaw which . . . shall deny to any person within itsjurisdiction the equal protection of the laws."(Note: "The guarantee of equal protection is not to be un-

—30—

derstood, however, that every person in the landshall possess precisely the same rights and privilegesas every other person. Tha amendment contemplatesclasses of persons, and the protection given by thelaw is to be deemed equal, if all persons in thesame class are treated alike under like circumstancesand conditions both as to privileges conferred andliabilities imposed." Cooley, p. 237. Citing authorities.

"Section 5. The Congress shall hove power to enforce,by appropriate legislation, the provisions of thisarticle."

With reference to enforcement, it may be said that noone will deny that when an authority is granted in the Constitution, it is exclusive, unless otherwise stated.The application of the authority granted to the Congress

here to enforce the provisions of the article, by appropriatelegislation, denies to the Supreme Court the right to "enforce its provisions" by the enactment of any law by it; orto enforce its provisions by the formulation of "orders anddecrees" which amount to enforcement. That is to say, thatwhen Congress has enacted appropriate legislation to prohibit states from denying equal protection of the laws inany instance—in the racial cases here, the judiciary canascertain when such legislation is violated, and apply theremedies set out by the Congress.What the Court has done in the school case, for instance,

is this in effect: It has inserted in the Amendment substantially these words:

"The amendment contemplates Federal control of public education in the States. Therefore when a State enacts legislation providing separate schools for theraces, that legislation is prohibited as denying equalprotection to the Negro race.

Having found, in effect, that language in the Amendment, as one of its provisions, the next question should bewhether Congress has enacted appropriate legislation toprohibit state laws violating the provision. If Congress didnot know that such legislation by the States is prohibitedby the Amendment; or if Congress should recognize thisJudicial Amendment, but has not enacted any legislation toenforce the prohibition; does that give the right to thejudiciary to "enforce" it. The Supreme Court has answeredthat question by again inserting in the amendment, in effect,these words: "But if Congress does not see fit to enforce theprohibition by appropriate legislation, the Supreme Courtmay do so by its own decision;" and may "implement"their decision by such "orders and decrees" as may benecessary to take the place of the missing act or acts ofCongress, and "may provide unlimited punishment for non-compliance with its decrees."

In eluding the exclusive right of Congress to "enforcethe provisions" of the Article, by using the word "implementation," and other expressions, we observe all the arts of aslick politician in writing this decision. The wonder is thatthe others who had been on the Bench for some years,could be persuaded to follow him along these twisting trails.

—31 —

Order this pamphlet fromR. Kirk Mover, Treasurer

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f^yuJ.£u^

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SfiitidTat/, August 4f 1963 New York'^CctalD QftiiiuncJ>l'-?"';''\':n^r;a?:.:5yimapgrTmB i—iih'I" i ' ' i f

All Alone With His Courage

A Dixie Mayor and RightsBy Walter Rugaber

Special to the Herald Tribune

^ ATLANTA.For days the word went

out from the big businessmen and civic leaders, thepolitical pros and public opinion molders, the people inAtlanta who usually countthe most."You're making a big mis

take."The message was plain,

blunt and nearly unanimous.Ivan Allen jr., the 52-year-old merchant-turned-Mayor,listened very carefully.Then, all alone with his

courage, he flew off to Washington and went before theSenate Commerce Committee to read a carefully drafted14-page statement"Gentlemen," the Mayor

said firmly, "If I had yourproblem, armed with the local experience I have had,I would pass a public accommodations law."Mr. Allen thus became the

first—and just possibly thelast—Southern politician tovoice public approval of themost controversial portion ofthe civil rights bill.The Mayor followed an

outraged squadron of Southern political leaders, including Gov. Ross R. Barnett ofMississippi and Gov. GeorgeC. Wallace of Alabama. Theair was heavy with denunciation.Sen. Strom Thurmond of

South Carolina, a memberof the Senate committee,seemed hardly able to believe his ears at the Mayor'sstand. A lot of the homefolks had the same reaction."I wish to nominate you,"

one man wrote, "as Mr. MauMau of 1963. . . . I understood that you are a half-

; brother of Martin LutherKing and that may explaiiryour position."

It came as somewhat of asurprise that at least thosewho wrote the Mayor supported his stand about 2 to 1in initial stages of the reaction last week."Deeply proud of you," a

telegram said.But few believed the ma

jority to be on Mr. Allen'sside.The state and city cham

bers of commerce had movedin the opposite direction, anda canny political observersaid;"He has taken a very peril

ous step. I seriously doubt hecan make it stick in the political forum — particularly ifthese things are still unsolved."Mr. Allen, with strong Negro

support, took pffice in January, 1962, after a harshbattle with arch-segregationist Lester Maddox. The Mayordrew 64 per cent of the vote.He went in as a son of the

city's old-line business community. While with Ws

father's multi - million dollaroffice supply firm he becamepresident of both the city andstate chambers of commerce.

But now the board roomboys are a little on edge. Noneof that "Mau Mau" stuff, ofcourse. While the Mayor'spolitical life may be damaged,his personal stature is adjudged secure."It took a lot of courage to

do what he did," one acquaintance said with a touch ofawe, "and if that's his per-sonai view — hell, I respecthim for it."

• Sure, the friend continued,segregation is wrong. But aFederal law against is something else. -This was the craxof the worry: Mr. Allen had'"deserted private enterprise."The prominent owner of

several cafeterias in townsent the Mayor a long, stinging telegram expressing shockand disappointment, thenplaced blown-up copies in hiswindows.

But in perfect illustrationof the temper of things, theman's eating places were being picketed at the same timeby whites whose signsbranded him a "leader forintegration."The cafeteria owner had de

segregated most of his chainlast June. His concern was notcivil rights, he insisted, butthe preservation of free enterprise.

The Mayor came back toAtlanta and found two mainschools of thought about hisstartling behavior before theCommerce Commitee.

The least substantial version put it down as a shallowbid for Negro votes. Butseasoned observers said thateven with a full turnout hewould still need plenty ofwhites.For a quarter-century win

ning Atlanta politics has beenbased on a highly successful"alliance" between Negroesand the so-called "better-class" whites.And the thought was that

the latter might prefer freeenterprise over Mr. Allenwhen the 1966 term comes up.The Mayor has indicated thathe now intends to run again' The second feeling aboutthe Mayor's testimony considered the possibility that he

. had talked with President

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Kennedy and was angling fora Federal job.Mr. Allen denied it stoutly,

insisting that he talked withno one in Washington exceptthe committee official whoinvited him to appear.He later received a short

letter from the Presidentwhich praised "a number ofeffective pomts" in the statement. Mayor .411en seemedgenuinely surprised by it.

About his testimony he says

simply that .the nation's May

ors have been stuck out on a

limb and left there to handle

the whole racial crisis bythemselves.The Supreme Court has

been striking down segregation laws for years, he pointsout, and yet no really solidlegislation has taken their iplace.

Mrs. J. Beauchamp Coppedge10 Vernon Road, N. W.Atlanta 5, Georgia

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To_May*r OFFICE MEMORANDUM

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Bill Hawlasd

July 31, 1963

Here is sene mere infe en the ABC -TV series en civil rights „ '^^his

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By cemtrast , the Press aad J^ace ^zoxx Issue scheduled fer CBS TV eaAugust 21 seeas laaded ea the backward leekiag side — Gaiaeczbail Grever Ha ll,Jr,,and James Kilpatrick ,Jr., are neth die hard aegregatienists and Cenfederates .

TIME-1- JL A W V TIME • LIFE • FORT UNE • SPORTS ILLUSTRATED • ARCHITECTURAL FORUM • HOUSE Be HOMEI N CO PRORATED

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Civil Rights' 2 Faces:Confrontation on ABC

By John HornGovs. Orval Paubus of Ar

kansas and George Wallaceof Alabama, former MayorWilliam Hartsfield of Atlanta,Ga., and the Rev. Dr. MartinLuther King jr., founder andpresident of the SouthernChristian Leadership Conference, will be among those interviewed Aug. 11 on "Chronology of a Crisis," first of fi iveABC-TV half-hours on civilrights (Sundays at 10:30p.m.).

The ABC-TV series, "Crucial Summer: The 1963 CivilRights Crisis," announced lastweek, will be the first network airing of the nation'sdominant domestic issue. Athree-hour NBC-TV special l|on the subject, announced ||Monday, will be telecast |Labor Day. 1

The first ABC-TV programwill be a review of major andsignificant events of the civil-rights story in the UnitedStates, especially since theend of World War II.

Filming is continuing inAtlanta, Ga.; Clinton, Tenn.;Jackson, Miss.; Little Rock.Ark.; Montgomery, Ala., andNew York City and otherareas.

Others who will appear onthe series are Autherine Lucy,first Negro at the Universityof Alabama; Mrs. Dasy Bates,NAACP leader in Little Rock;Rosa Parks, of Montgomery,who refused to yield her busseat to a white woman; William Simmons, leader of theJackson Citizens Council, andAtlanta Constitution publisher Ralph McGill.

Opinion is expected to rangefrom segregationist to inte-grationist, not excluding theequivalent of the fabled Mrs.Murphy, small Southern busi-~ness woman.

The fourth program, onSept. 1, will include coverageof the planned march onWashington and a review ofPi-esident Kennedy's civil-rights legislation.

Ron Cochran is anchorman,with John Rolf son and RogerSharp heading a travelingcorps of ABC news correspondents. The producer isBill Kobin.

« « » »

'Press and Race Issue'An hour program on press,

television and radio handlingof the race issue will be telecast on CBS-TV Aug. 21<7:30 to 8:30 p, .ml.

The program. "The Pressand the Race Issue," will include a discussion of Southernand Northern press chargesand countercharges moderated by Dean Edward Barrettof the Columbia University'sGraduate School of Journalism.

Participants will includeGrover Hall jr., editor inchief of the Montgomery,Ala., Advertiser; James Kil-patrick jr., editor of theRichmond, Va., Neivs-Leader,and CBS Neios presidentRichard S. Salant.

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Striking at Bias

Varied Powers of Congress to

Enforce Civil Rights Cited

The writer of the following isHamilton Fish Professor of International Law and Diplomacy andProfessor of Law, Columbia University.

To THE Editor of The New York Times :

So much of the discussion of theproposed civil rights legislation appears to ask which is the properconstitutional provision to he in-canted in support of legislation outlawing discrimination. Surely, thequestion is rather in what respectsracial discrimination is properly theconcern of Congress under the Constitution. The concerns and powersof Congress, moreover, are cumulative, not alternative.A determined Congress could

strike at important segpnents of racial discrimination with the far

reaches of its defense powers (forexample, discrimination which hampers the defense effort); its foreignaffairs power (for example, discrimination which affects our foreign relations, at least discriminationagainst diplomats); its spendingpower (for example, discriminationby bodies or agencies which receiveFederal funds).

There are also the powers of Congress that have been discussed. Ofcourse, Congress can outlaw discrimination in interstate commerce,or which affects interstate com

merce.

Public Authority's Complicity

Congress can, in addition, pursuant to the 14th Amendment, strikeat discrimination for which the state

is responsible, and at the widespreadcomplicity of public authority in private discrimination. It may be possible to draft a provision outlawingdiscrimination for which the state isresponsible, perhaps even leaving itto the courts to determine later

where the state may properly beheld responsible.

Congress could also forbid stateand local officials to require, promote, encourage or enforce racialdiscrimination.

In regard to places of public accommodation, I am confident thatthe Supreme Court would uphold anact of Congress which forbids localjudges and local police to enforcediscrimination, for example, throughtrespass prosecutions. These prohibitions on the acts of local officialscould be enforced by criminal penalty, by injunction, by suits for monetary damages.

It is not either one power of Congress or another, nor a matter of in-canting several. The various powersof Congress can support various pro-,visions adding up to an effectivecivil rights act. Louis Henkin.New York, July 25, 1963.

ATLANTA, GEORGIA

S'>u>rnfjdn/n^'ui/tnni(md

Ivan. . .

It is my humble opinion that the National presshas a good horse in you and might just try toride you to death. . . .

Don't let them paint you (or the situation) otherthan it absolutely is, as it will hurt you and willprobably hurt the bill if they make you andAtlanta appear to be so far out of step with everyone else.

You are a progressive moderate, realisticallyfacing issues!!

Ann

FORM 25-6

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UNITED STATES SENATEPUBLIC DOCUMENT

Honorable Ivan AllenMayor ofAtlanta, Georgia

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8 E THE NEW YORK TIMES, SUNDAY, JULY 28, 1963.j

iiSlr^ Neiir fxrtk

Adolph S. Ochs, Publisher 1896-1935Orvil E. Dryfoos, Publisher 1961-1963

PUBLISHED EVERY DAY IN THE YEAR BY THE NEW YORK TIMES COMPANY

Arthur Hays Sulzberger, Chairman of the BoardArthur Ochs Sulzberger, President and Publisher

Harding F.Bancroft, Vice President and Secretary Francis A. Cox, Treasurer

-f.-After the Treaty

The historic treaty between the United States,Britain and Soviet Russia banning all nuclearweapons tests in the atmosphere, under waterand in outer space is being hailed throughoutthe world as a promising beginning of a new

' epoch in East-West relations. After all the bleak. years of cold war and the recurring crises that' ' found their climax in the near-collision over

Cuba, the world breathes easier today and therei is new hope that it can banish the threat of'T nuclear holocaust.

But, important as the treaty is for what itaays and what it may portend, it is at bestonly a start toward larger goals. PresidentJfennedy rightly warns that it is not the millen-

' niuin and that the road ahead is still long androcky- As he pointed out, it is a limited treatywhich does not even stop all tests, though itwould stop further lethal fallout. Both real disarmament and the political settlements thatmust go hand in hand with it remain far off.

The key to a solution of these problems islargely in Soviet hands. Premier Khrushchevagreed to the test-ban treaty he had previouslyrejected because, as Under Secretary of StateHarriman says, he "very much wanted one atthis time." The Soviet ruler says he wants moreagreements. If so, the West will do its utmostto reach them. But will Khrushchev? And on

,,what terms?•f, The hard fact is that Soviet Russia's signa--i. tare on the treaty does not mark .^he end of

, drive toward a Communist world triumph,.. though it may now pursue that goal by means

short of nuclear war. In fact, both the treatyaad the "nonaggression pact" Russia wants maybecome weapons in the Soviet "peace" arsenal

./_-^to line up Asia and Africa against the "war-B^iigering" Chinese Communists and to soften

the West for political settlements that wouldimpair its alliances. As Mr. Khrushchev told theChinese: "The struggle for peace, for peacefulcoexistence, is organically bound up with therevolutionary struggle against imperialism. Itweakens the front of imperialism, isolates itsmore aggressive circles from the masses of thepeople and helps in the struggle for national

. liberation." The West is warned.Furthermore, the treaty itself can be abro

gated if "extraordinary events" jeopardize "thesupuenje interests" of any of its signatories. TheRusifians insisted on this reservation, over a

^ narrevver definition proposed by the West, as^pjjan obvious safeguard against nuclear armament

by other powers. They may have Germany in/"mind and certainly they are concerned about

to very little ? Is it not a game that every countryis playing with every other? A game that nobodycan win? A game that isn't worth the effort?

Adjusting to AutomationThe United Steelworkers of America and the

employers with whom it deals have again demonstrated that collective bargaining can produceconstructive answers to the problems of technological change without tests of economic muscleor Government coercion. The contracts justreached by the union and the major aluminumproducers represent an imaginative extension ofthe progress-sharing principles embodied in theunion's agreements with the steel and cancompanies.

All the aluminum workers—not just thosewith long seniority—will qualify for 10 weeksof vacation every five years, with 13 weeks' payto help them enjoy their sabbatical. Fringe benefits will also be liberalized, but there will beOo increase in direct money wages. The changesare designed to give the workers a share in thebenefits of increased productivity on a basis thatwill expand total employment opportunities andavoid any increase in aluminum prices.

The new contracts, coupled with those alreadysigned by the union through its joint HumanRelations Committee in basic steel and its long-range committee in Kaiser Steel, ought to serveas a spur to the deadlocked negotiators in thenation's' railroads. The guidelines for a soundagreement have been laid down by two Presidential commissions, created only because of theatrophy of the bargaining process in this pivotalindustry.

Any formula Congress approves for barringa rail strike through legislative compulsion willset a damaging precedent. The month-long truceagreed to by the railroads provides a last opportunity for the unions to demonstrate that theirconcept of bargaining is not summed up in thesingle word "no."

Up to now they have been gambling on theproposition that the Government will continueto retreat in the face of their obduracy, and thatfinally they can extort a settlement that willsaddle the carriers with thousands of unneededjobs. The trouble with this venture in brinkmanship is not only that the gamble involvesa strike in which the economy would be thechief victim but that a "victory" for the unionswould jeopardize all job security by pushing therailroads closer to bankruptcy.

This is the lesson the disastrous 116-day strikeof 1959 taught both sides in steel. Unfortunately,there is no sign yet that the railroad unions

TopicsDiving

to TidyUp

There came a briefnote the other day fromthe Sudan, where for amonth a team of scientists had been living

deep in the Red Sea in watertightvillages containing such home comforts as air-conditioning and television. The wife of Jacques-YvesCousteau, French explorer, diverand head of the group, would gobelow and would tidy up the place alittle. This item was received withcooing sounds the world over, for ashalf of the world's adult populationchooses to believe, no man is capableof even emptying an ash tray,either on the surface or 45 feetdown under. The cooing changed toa higher, triumphant pitch as thenext day or so went by, with imagesbecoming more lifelike of a tired,wan Mme. Cousteau working herfingers to the bone with the carpetsweeper, while he just sat around,probably ogling mermaids. Half theworld's adult population had thetime of its life pointing out.allegedsimilarities between itself and theCousteaus, while the other half triedto think of other things, hoping thateventually the noise would quietdown.

Letters to The Times

Physicist Backs Test BanSelove Declares Agreement Is in

Interests of Both Sides

The writer of the following isprofessor of physics at the University of Pennsylvania.

Actuallyfor a

Party

fkliflrVi Ton TM <an f

There is in all newspaper work a trade expression called the follow - up story. Thismeans that what is re

ported upon today will also be ivatched closely tomorrow, for what-fiver new, relevant happenings that<lay may bring. Those newspapermen of the Sudan are superb representatives o'f their craft, and nosooner did Mme. Cousteau breaksurface after her trip below thanthey were asking her questions. Immediately, a large, furry cat was letout of the bag. She had gone to theUnderwater village to celebrate withker husband their 26th wedding anniversary, and nothing further wasSaid about tidying up. All about theWorld the cooing that had changedto a higher, triumphant pitch diedsuddenly to a frozen silence. Allsbout the world the other half thatkad tried to think of other thingsUttered a yelp of complete and purekelight. Down many a Jong andWeary year, this half always hasContended that the other, whileCasual about tidying up, could beCounted upon to plunge throughcither hell or high water in order to•"each a party, in particular an anni-Uersarj' party. Here was Mme. Cousteau, not only plunging, but with thekigh water recorded in actual feet.

It is clear that onlyThe one half of the world ispinal getting the last word on

thp Cousteau incident,

To THE Editor of the new York Times :As the test ban negotiations move

ahead beyond initial agreement, itis strange to see the reluctance,if not opposition, to make such anagreement shown by some membersof this Government.

It is encouraging that a largenumber of Senators have joined inthe remarkable Hfimphrey-Doddresolution in support of an airspace-water test ban, and encouraging also that so highly informed andinfluential a Representative as ChetHolifield has indicated his feelingthat such a ban should receive support.

Why is there any question as towhether such a ban is in the interests of the United States? I believethe opposition is due primarily totwo mistaken attitudes. First, thereare those who believe that this country can better achieve security byfurther nuclear weapons development rather than by "trusting" theSoviet Union to adhere to the airspace-water ban. This is a grossmistake. For one thing, no "trust"is necessary. More important, noforeseeable development (at least inthe next decade, as far as can nowbe seen) will change the ability ofeach of the two nuclear giants toutterly devastate each other.

Orbiting BombsIndeed, if nuclear tests of large

weapons continue, we would probably move closer to Herman Kahn's"doomsday" mach''^®® — perhapswith each side working toward orbiting bombs of ijniidreds of megatons. A very few such bombs fromcontinuous orbit ke used toset fire\o the entire eastern coastof this country, we kave the judgment of Secretary McNamara thatno really effective anti-missile defense is visible, and ^'® can expectthat prospect to become strongerwith the passage of t'me.

The second mistake made by opponents of a test bah has to do withsimple distrust of fke other side.The question posed i® essentially thefollowing (and could ke used by Soviet opponents of ^ test ban as wellas by our own); Why should the"other" side want a test ban unlessit is to their advantage, and consequently, it is ihiplied, to our owndisadvantage?

The mistake hej-e is to think thata test ban can be or must be to the

life and his honor to be used to thebest moral interests of his country.Your view [editorial July 17] woulddeny him any moral dignity of hisown. Segregation is morally wrong,and any citizen, military or otherwise, has the right and the moralobligation to make known, even bydemonstrating, his views in reference to it.

If the Brown Shirts and the German regular army and the Germancitizens had taken to demonstrations, rather than bowed to acceptedimmoral tradition, perhaps the costto European Jewry would not havebeen so devastating. Historical precedent and honored tradition havetheir place in society, but theyshould not be above the individual'sright publicly to make known hisown moral standards.

I wouW have thought The NewYork Times would have been thefirst to defend such rights and obligations. Joseph Collins.

Rhinebeck, N. Y., July 18, 1963.

Founding Fathers' IntentCiting 18th Century Leaders in

Support of Religion Disputed

The writer of the following letteris Minister of Education for theFirst Church in Boston, Unitarian.

Taxing Foreign Securities

Administration Proposal DeclaredNo Cure for Present Gold Outflow

TO THE Editor of The New York Times :

The Times is to be congratulatedfor having immediately pointed °ut[editorial July 19] the dangers ofthe Administration's proposed ta.xon American purchase of foreignsecurities. These dangers have notbeen eliminated by its more recentproposal to exempt new Canadianissues. Indeed, the Canadian exenip-tion dramatizes how completelyarbitrary this kind of currency regulation and manipulation is sure to be.

When the niceties are strippedaway, the proposed tax Is a form ofexchange control, defined as an effort by Government to limit and torestrict the use of its own currency.Such restriction on foreign transactions was widely practiced byNazi Germany and is the stock intrade of all totalitarian regimes. ItIs the entering wedge for othertypes of control over the domesticeconomy.

The President wants the taX inorder to stanch the outwardof American investment dollarswhich is augmenting the deficit inour balance of payments. But theproximate cause of this outflow*' isthat United States interest rates arelower than in many other countries,which both encourages United Statescitizens to buy foreign securities khdlikewise encourages foreign cohi-panies to float their securities inour markets on easy terms. It Isnotable and regrettable that thePresident has no intention of curing

hv fi llrkuiincr

To THE Editor of the New York Times :The current debate on your edi

torial page about the intentions ofthq Founding Fathers in drafting,enacting and ratifying the "establishment of religion" clause of the FirstAmendment discloses more about thecondition of American religion thanit does about the historical problemof whether the clause was intendedto apply to the establishment of anational religion based upon an "essential consensus respecting God, !man and the moral law." Especiallyrevealing is the zeal with whichChristian leaders, lay and clerical,have clasped the Founding Fathersto their bosoms as upholders of this"essential consensus."

No matter how much we shouldlike to re-create our Revolutionarysaints in our own image, historicalfacts cannot be ignored without endangering both our honesty and oursense of history's vicissitudes. Recent research indicates that JohnAdams, Jefferson, Washington,Paine, Madison and Franklin weredeists. While they differed on particular points of doctrine, they agreedthat, in Franklin's words, "there isone God) who made all things," andthat "the most acceptable serviceof God is doing good to man."

In short, the religion of the mosteminent Founding Fathers was basedlargely on Genesis i, 2 and Matthewiv, 7. The deist position is clearlyembodied in Jefferson's Declarationof Independence, where he refers to"the laws of nature and of nature'sgod."

Deist Theology

A comparison of the essentials ofdeist theology and the doctrines ofJudaism and Christianity shows thatthe West's two great religions haveproperly regarded deism as theirenemy. For, as expounded by mostof its followers, deism denies thepossibility of a covenant and of asavior.

I can but marvel, therefore, at theindustry of Christian leaders in finding champions in the Founding Fathers and in treating their religioustestimonies as if anchored in thebedrock of theological orthodoxy. Ifwe are to believe that America's"essential consensu.s'' is embodied inthe ideas of Jefferson and hisfriends, we must admit this nationis not and never has been rooted inthe Judaeo-Christian tradition.

break the "white" nuclear monopoly. They mayalso mean France, busily building its own nuclear

, force.: ; President Kennedy is trying to persuade Presi-- dent de Gaulle to adhere to the treaty, but' success is unlikely unless France, an acknowl-

edged nuclear power, is put on a par with Britainsmd supplied with the same nuclear information

. we now give the' British. If we did so, the pur--: pose would not be to "cause, encourage or partic-

X-ripate in" further French tests, which is forbid-' sr den- by the treaty, but to make such tests"^"unnecessary without hampering France's nuclear

development.French adherence to the new pact might provepreliminary to agreement by France to join

"^'!in building a NATO nuclear force and to restoreWestern solidarity. That is still an essentialsafeguard of peace.

j:The Art of SpyingDo not implicitly trust anything you read

about spies and spying even if the source is impeccably official. By the accepted rules of the

^ game, government statements may be deliber-"j.(.ately false in order to mislead "the enemy." But,.fi.of course, they may be true. Naturally, truth ise: often very confusing.

The layman can be excused for ruminating in•~''~this fashion as he reads his morning newspaper.^y^jTbe cast of characters needs a Dickens or a: Dostoievsky (not a historian, of course) to do^R'justice to the parade of diplomats, scientists,ni journalists, homosexuals, prostitutes and—best

of all—intelligence agents who betray their out-i^- fits and their fellow spies. Nothing could be'" more devious or fascinating than a double agent.

At least, it is comforting for the layman to1 contemplate the bungling and blindnesses of theprofessionals. Devotees of the whodunits surelycould do better. Trained by Eric Ambler, Georges

" -Simenon and Ian Fleming, they would never have"' permitted a Bay of Pigs invasion; a successful

Christine Keeler; a fantastic 10-year career ofeX-Nazi German intelligence officers providing

vthe Russians with 15,000 photographs, 20 spools- of tape and many a secret of the West Germans

v' and NATO. Not that the Russians should boast;jfthey had Penkovsky.> Even though the real spy cases may be^stranger than fiction, you don't get the solutions5'as you do in the thrillers. Nothing could be.-"more fascinating than the stories of the British

jurnalist H. A. R. Philby, or the Swedish Air^force Col. Stig Wennerstrom; but at their mostInteresting points the volumes are snapped shutind put away in secret places where even in-

jltclligence chiefs, like characters in a Kafkaesque,\ale, probably cannot find them." The outsider must be forgiven for believing.that any time any government wants to arrest^nd/or expel X-number of spies, it digs into itsi^iles and comes up with the requisite quantity.J^ben spies are under surveillance they are,'. unbeknownst, spying for the country they are spying on. The most dangerous spies of all are,^ be sure, the ones who are never caught. There

nothing that the C.I.A., MI-5, K.B.G., Surete*and all the other intelligence and counter-intelligence organizations can do about them.

Is it not possible, in fact, that all this espionage and counter-espionage; all these agentsand double agents, intelligence officers, counter-intelligence officers, plots and paraphernaliafrom infinitesimal microphones to beds, add up

Atlanta's Mayor SpeaksOn rare occasions the oratorical fog on

Capitol Hill is pierced by a voice resonant withcourage and dignity. Such a voice was heardwhen Mayor Ivan Allen Jr. of Atlanta testifiedbefore the Senate Commerce Committee in support of President Kennedy's bill to prohibitracial discrimination in stores, restaurants andother public accommodations.

On the basis of the very substantial accomplishments that his city of a half-million, thelargest in the Southeast, has made in desegregating publicly owned and privately owned facilities, he might have come as a champion of"states' rights" and of the ability of localitiesto banish discrimination without Federal law.Certainly, he would have had much more warrant to espouse that view than the Barretts, theWallaces and the other arch-segregationistswho raise the specter of Federal "usurpation"as a device for keeping Southern Negroes insubjection.

But Mr. Allen was not in Washington to boast.He was there to warn that even in cities likeAtlanta the progress that had been made mightbe wiped out if Congress turned its back on theKennedy proposal and thus gave implied en-

• dorsement to the concept that private businesseswere free to discriminate. He left behind thischarge to finish the job started with the Emancipation Proclamation a century ago; "Now theelimination of segregation, which is slavery sstepchild, is a challenge to all of us to makeevery American free in fact as well as in theory.—and again to establish our nation as the truechampion of the free world."

The FiddlersThe long-legged, rasp-winged insects now come

into their own, and we won't hear the last ofthem till hard frost arrives. They are the leapingfiddlers, the grasshoppers, the crickets and thekatydids.

Grasshoppers are spoken of m the Bible as"locusts," and their hordes have contributed inmany lands, including our own West, to the longhistory of insect devastation and human famine.Walk through any meadow now, or along anyweedy roadside, and you will see them leapingahead of you, hear the rasping rattle of theirharsh wings in brief flight. But they do little realfiddling. The fiddlers now are the crickets.

Listen on any hot afternoon or warm evening,particularly in the country, and you will hearthe crickets even though you seldom see them.In the afternoon you will hear the black fieldcrickets, chirping as we say, and often into thewarm evening. But in the evening, from dusk onthrough the warm night, the more insistent soundwill be the trilling of the pale green tree crickets.Individually the tree cricket's trill is not so loud,but because all those in the neighborhoodsynchronize their trills the sound can be asinsistent as were the calls of the spring peepersback in April.

The loudest fiddlers of all are the katydids,which look like green, hunch-backed grasshoppers. Night after night they rasp wing on wingand make that monotonous call, shrill and seemingly endless. But the katydids won't be heardfor another two weeks or so. Meanwhile thecrickets possess late July, chirping and trillingthe warm hours away as though summer enduredforever.

ana u, is iiui, uie iiau

which is accustomed to getting it.Whether the other half will learnanything from the Incident is doubtful, of course, because a setness ofway began a long time ago in a certain garden, a snake and apple beingpresent. But it is July now, andthroughout the world there arethousands of summer bachelors. Tohear those who are away talk aboutit, these bachelors, having made ahovel of the house, are continuing tolive begrimed lives, surrounded byoverflowing ash trays, inch-thicklint on the rugs, unwashed dishesmounded high in the sink. Everywhere are the sisters of the Mme.Cousteau of the first-day story, whosay they are going down to tidyup the place a little. Do they?

A party, particularlyCome an anniversary party—

as that becomes anotherGuests matter. Although it can

not be proved, of course,it may be assumed that quite possibly M. Cousteau—with his eye onscientific affairs—may have failedto remember the anniversary untilreminded by ocean-fioor-to-shoretelephone. This has happened, andthat half of the world to which ithas happened has a sympathetic picture of him darting out to cool thewine in some far subsurface cave,on the way home cutting clustersof sea flowers for the table. Summerbachelors know something further,and since this is the last day thathalf of the world gets the last word,let it be set down so. It's dollarsto doughnuts M. Cousteau himselfcooked the meal, from shrimp cocktail with plankton sauce to whaleateak A, la mer rouge. When theydo drop in, it is not to tidy up, asthe first-day story has it, but toattend a party, witness the follow-up. As guests, of course, as half theworld Well knows.

EMERALD ISLE

fruly this isle is green, thoughheather Emd gorse

^reathe its rolling fields withmoderate rainbows:

Though where the land is low, theendless moors

poll out mahogany earth; thoughnature raise

jjfost silver barriers with all therocks

of Ireland against the sparkling air.And gray

The sheep, all summer unattended,relax

or clamber without effort on theirlonely

AJid sustaining hillsides. Near thepeat bogs,

VVhere the early sun beats off thechill

of night, an errant donkey, forefeettied With rags,

Br®y® at the Irish morning hisanimal

Protest against life's cruel curtailments,

j^nd comprehending no guilt, criespenitence.

Lora DUNETZ,

of the other side. The fact is that atest ban is in the interests of bothsides. Not only as a step towardother tension-reducing measures,and not only for economic reasons,but because neither side can achievesecurity by its efforts alone.

A test ban will probably contribute to the understanding of thatfact by both Governments and bothpeoples. It could indeed be a majorstep forward toward sanity. Publicpolls show that the United Statespublic understands that fact. Thetest ban needs and should receivethe same strong support from theSenate. W.4LTER Selove.

Havertown, Pa., July 25, 1963.

Weaning Cuba AwayTo THE EDITOR OF THE NEW YORK TIMES :

It is good when The New YorkTimes suggests the wisdom of "amore relaxed relationship" withCuba, as you did in your July 19editorial "Coexisting With Cuba." '

I would think that an improvementin our attitude about Cuba and ouractions toward her would inevitablybring about a decrease in Soviet influence there and have Cuba backwith the other American countries.

As a small stockholder in one ofthe companies involved in the Cuban"take-over," I do not find my company very much concerned or itsCuban holdings very much of a financial issue. Some -reimbursementwould probably be made by Castroif the United States Governmentworked on the matter under "a morerelaxed relationship."

What you have suggested in youreditorial would Seem a first steptoward the United States regainingits position in Cuba and Soviet withdrawal. ClI.-iBLBS H. Alspach.Croton-on-Hudsoii, N.YJ uly 19,1963.

Demonstralitg in UniformTo THE Editor OF THsIVew York Times ;

Followed to it® logical conclusion, Defense Secrstary McNamara'sdirective on servicemen and civilrights demonstrations would bringto our armed services the samespirit, restraint abd blind "I-follow-orders" obedience that permeatedthe German Army <Juring Germany's"Jewish trouble."

A man may volbhteer to serve hiscountry. By so db'Tg he offers his

American interest rates to rise.

Unemployment's Cause

On the contrary, the Presidentstates that such a rise in long-termrates would "throw our economyinto reverse" and increase unemployment. His reasoning may bedoubted. The persistence of unemployment in the United States is dueto continuing upward pressure onwages, to misguided efforts to hold"minimum wages" at artificial levels, and to extortionate corporateand progressive income taxationwhich the Administration's proposeddomestic tax program will do littleor nothing to cure.

If Washington wishes to promotefurther economic expansion and atthe same time right the UnitedStates balance-of-payments position, it must abandon its blind faithin easy money and deficit spendingas a cure-all.

The proposed tax on Americanpurchase of .foreign securities willnot restore faith in the Americandollar, the lack of which is at theroot of our difficulties. It is asign of continuing weakness, not ofstrength. It is also, as The Timespoints out, a blow against developing a trUe international order wherecurrencies must be fully convertibleand free.

On international no less than domestic grounds Congress should votethe proposal down as a dangerousstatist measure.

John Davenport,New York, July 23, 1963.

Worthier Goal Than MoonTo THE Editor OF The New York Times ;

A leading space scientist was recently asked: "Is it worth 10 billiondollars to put an American on themoon?" He replied; "Possibly not.But it might be worth that gs anational goal."

Surely there are much moreworthy and urgent projects on earthin which our citizens would unite.General, human welfare is an appealing and challenging nationalgoal that for life, liberty and thepursuit of happiness as well as forworld prestige far surpasses amoon shot. George t. Scott.Upper Montclair, N.J., July 24, 1963.

reading in the public schools extracts from the religious writings ofthe Founding Fathers, Christianswho believe that they are therebypreserving our "spiritual heritage"had best recognize that their devicefor circumventing the Supreme Courtalso undercuts their own doctrines.

The confusion in the minds of somany Americans concerning the tenets of their own religious traditionsand the beliefs of our 18th centuryleaders suggests that the total separation of church and state is longoverdue.

As Madison wrote, "The tendencyto a usurpation on one side or theother, or to a corrupting coalition oralliance between them, will be bestguarded against by an entire abstinence of the Government from interference in any way whatever, beyondthe necessity of preserving publicorder, and protecting each sectagainst trespasses on its legal rightsby others." Robert W. Hanby.

Boston, July 22, 1963.

Immigration ProposalTo the Editor of The New York Times :

The belief that immigration imderPresident Kennedy's proposed newimmigration law will be limited to165,000 persons a year is inaccurate.

Under the proposed law, there isto be unlimited immigration from,such places as the West Indies,Mexico, Haiti, Latin America andthe Western Hemisphere. In contrastto this special privilege granted tothese countries, the only limitationis on European countries, and therefore there is no reason why practically the entire populations ofsome of the Latin and Caribbeancountries may not eventually immigrate here, in accordance with agrowing trend.

Previous reform bills introducedby former Senator Herbert Lehmanand Representative Celler proposedto eliminate these special privilegesfor Western Hemisphere countriesand put every country on an equalbasis, but President Kennedy's billis not one of these. Albert Mayer,Chairman, Immigration and Natu

ralization Committee, FederalBar Association of New York,New Jersey and Connecticut.

New York, July 25, 1963.

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FORM 28«6

88th Congress ) HOUSE OP EEPRESENTATIVES j Document1st Session f | No. 124

CIVIL RIGHTS

MESSAGE

THE PRESIDENT OF THE UNITED STATESRELATIVE TO

CIVIL RIGHTS, AND A DRAFT OF A BILL TO ENFORCE THE CONSTITUTIONAL RIGHT TO VOTE, TO CONFER JURISDICTION UPONTHE DISTRICT COURTS OF THE UNITED STATES TO PROVIDEINJUNCTIVE RELIEF AGAINST DISCRIMINATION IN PUBLICACCOMMODATIONS, TO AUTHORIZE THE ATTORNEY GENERAL

, TO INSTITUTE SUITS TO PROTECT CONSTITUTIONAL RIGHTS INEDUCATION, TO ESTABLISH A COMMUNITY RELATIONS SERVICE, TO EXTEND FOR FOUR YEARS THE COAIMISSION ON CIVILRIGHTS, TO PREVENT DISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS, TO ESTABLISH A COMMISSION ON EQUALEMPLOYMENT OPPORTUNITY, AND FOR OTHER PURPOSES

June 19, 1963.—Referred to the Committee on the Judiciary and ordered tobe printed

To the Congress oj the United States:Last week I addressed to the American people an appeal to con

science—a request for their cooperation in meeting the growing moralcrisis in American race relations. I warned of "a rising tide ofdiscontent that threatens the public safety" in many parts of thecountry. I emphasized that "the events in Birmingham and elsewhere have so increased the cries for equality that no city or State orlegislative body can prudently choose to ignore them." "It is a timeto act," I said, "in the Congress, in State and local legislative bodiesand, above aU, in all of our daUy lives."In the days that have foHowed, the predictions of increased violence

have been tragicaUy borne out. The "fires of frustration and discord"have burned hotter than ever.

85011—63 1

-— vj V- 4- t

^•n> j p a ^ t i RightsAt the same time, the response of the American jjeople to this appeal

to their principles and obligations has been reassuring. Privateprogress—by merchants and unions and local Organizations—^hasbeen marked, if not uniform, in many areas. Many doors long closedto Negi'oes, North and South, have been opened. Local biracialcommittees, under private and pubhc sponsorship, have mushi-oomed.The mayors of our major cities, whom I earlier addressed, havepledged renewed action. But persisting inequalities and tensionsmake it clear that Federal action must lead the way, providing boththe Nation's standard and a nationwide solution. In short, the timehas come for the Congress of the United States to join with the e.xecu-tive and judicial branches in making it clear to all that race has noplace in American life or law.On February 28,1 sent to the Congress a inessage urging the enact

ment this year of three important pieces of civil rights legislation:1. Voting.—Legislation to assm'e the availability to aU of a basic

and powerful right—the right to vote in a free American election—by providing for the appointment of temporary Federal votingreferees while voting suits are proceeding in areas of demonstratedneed; by giving such suits preferential and e.xpedited treatment inthe Federal comds; bj^ prohibiting in Federal elections the application of different tests and standards to different voter applicants;and by providing that, in voting suits pertaining to such elections,the completion of the sLxth grade by any applicant creates a presumption that he is literate. Armed with the fuU and equal rightto vote, our Negro citizens can help win other rights through politicalchannels not now open to them in many areas.

2. Civil Rights Commission.—Legislation to renew and expand theauthority of the Commission on Civil Eights, enabling it to serve as anational civil rights clearinghouse offering information, advice, andtechnical assistance to any pubhc or private agency that so requests.

3. School desegregation.—Legislation to provide Federal technicaland financial assistance to aid school districts in the process of desegregation in compliance with the Constitution.

Other measures introduced in the Congress have also received thesupport of this administration, including those aimed at assuring equalemplojunent opportunity.Although these recommendations were transmitted to the Congress

some time ago, neither House has j^et had an opportunity to vote onany of these essential measures. The Negro's drive for justice,however, has not stood stiU—nor will it, it is now clear, until fullequality is achieved. The growing and understandable dissatisfaction of Negro citizens with the present pace of desegregation, andtheir increased determination to secure for themselves the eciualityof opportunity and treatment to which they are rightfully entitled,have underscored what should already have been clear: the necessityof the Congress enacting this year—not only the measures alreadyproposed—but also additional legislation providing legal remediesfor the denial of certain individual rights.The venerable code of equity law^ commands "for every wi'ong, a

remedy." But in too many communities, in too many pai'ts of thecountry, Avrongs are inflicted on Negro citizens for which no effectiveremedy at law is clearly and readily available. State and local lawsmay even affirmatively seek to deny the rights to which these citizens

CIVIL RIGHTS d

are fairly entitled—and this can result only in a decreased respect forthe law and increased violations of the law.In the continued absence of congressional action, too many State

and local officials as well as businessmen will remain unwilling toaccord these rights to all citizens. Some local courts and local merchants may well claim to be uncertain of the law, while those merchants who do recognize the justice of the Negro's request (and Ibelieve these constitute the great majority of merchants. North andSouth) will be fearful of being the first to move, in the face of official,customer, employee, or competitive pressures. Negroes, consequently,can be expected to continue increasingly to seek the vindication ofthese riglits through organized direct action, with all its potentiallyexplosive consequences, such as we have seen in Birmingham, inPhiladelphia, in Jackson, in Boston, in Cambridge, Md., and in manyother parts of the country.In short, the result of continued Federal legislative inaction will

be continued, if not increased, racial strife—causing the leadershipon both sides to pass from the hands of reasonable and responsiblemen to the purveyors of hate and violence, endangering domestictranquillity, retarding our Nation's economic and social progress andwealtening the respect with which the rest of the world regards us.No American, I feel sure, would prefer this course of tension, disorder,and division—and the great majority of our citizens simply cannotaccept it.For these reasons, I am proposing that the Congress stay in session

this year until it has enacted—preferably as a single omnibus bill—the most responsible, reasonable, and urgently needed solutions tothis problem, solutions which should be acceptable to all fair-mindedmen. This bill would be known as the Civil Eights Act of 1963,and would include—in addition to the aforementioned provisions onvotmg rights and the Civil Eights Commission—additional titles onpublic accommodations, employment, federally assisted programs, aCommunity Eelations Service, and education, with the latter includingmy previous recommendation on this subject. In addition, I amrequesting certain legislative and budget amendments designed toimprove tlie training, skills, and economic opportunities of the economically distressed and discontented, white and Negro alike.Certain executive actions are also reviewed here; but legislative actionis imperative.

I. Equal Accommodations in Public Facilities

Events of recent weeks have again underlined how deeply ourNegro citizens resent the injustice of being arbitrarily denied equalaccess to those facilities and accommodations which are otherwiseopen to the general public. That is a daily insult which has no placein a country proud of its lieritage—the heritage of the melting pot, ofequal rights, of one nation and one people. No one has been barredon account of his race from fighting or dying for America—there areno "white" or "colored" signs on the foxholes or graveyards of battle.Surely, in 1963, 100 years after emancipation, it should not be necessary for any American citizen to demonstrate in the streets for theopportunity to stop at a hotel, or to eat at a lunch counter in the verydepartment store in which he is shopping, or to enter a motion picture

4 CWIL RIGHTS

house, on the same terms as any other customer. As I stated in mymessage to the Congress of February 28, "no action is more contraryto the spirit of our democracy and Constitution—or more rightfullyresented by a Negro citizen who seeks only equal treatment—thanthe barring of that citizen from restaurants, hotels, theaters, recreational areas, and other public accommodations and facilities."The U.S. Government has taken action through the courts and by

other means to protect those who are peacefully demonstrating toobtain access to these public facilities; and it has taken action to bringan end to discrimination in rail, bus, and airline terminals, to open uprestam-ants and other public facilities in all buildings leased as well asowned bj^ the Federal Government, and to assure full equality ofaccess to aU federally owned parks, forests, and other recreationalareas. When uncontrolled mob action directly threatened the non-discriminatory use of transportation facilities in May 1961, Federalmarshals were employed to restore order and prevent potentiallyrvidespread personal and property damage. Growing nationwideconcern \vith this problem, however, makes it clear that furtherFederal action is needed now to secure the right of all citizens to thefull enjoyment of all facilities which are open to the general public.Such legislation is clearly consistent with the Constitution and with

our concepts of both human rights and property rights. The argument that such measures constitute an unconstitutional interferencewith property rights has consistently been rejected by the courts inupholding laws on zoning, collective bargaining, minimum wages,smoke control, and countless other measures designed to make certainthat the use of private property is consistent with the public interest.While the legal situations are not parallel, it is interesting to note thatAbraham Lincoln, m issuing the Emancipation Proclamation 100 yearsago, was also accused of violating the property rights of slaveowners.Indeed, there is an age-old saying that "property has its duties as wellas its rights"; and no property owner who holds those premises for thepurpose of serving at a profit the American public at large can claimany inherent right to exclude a part of that public on grounds of raceor color. Just as the law requires common carriers to serve equallyall who wish their services, so it can require public accommodationsto accommodate equally all segments of the general public. Bothhuman riglits and iiroperty riglits are foundations of our society—andboth will flourish as the result of this measure.

In a society which is increasingly mobile and in an economy whichis increasingly interdependent, business establishments which servethe public—such as hotels, restaurants, theaters, stores, and others—serve not only the members of their immediate conmmnities buttravelers from other States and visitors from abroad. Their goodscome from all over the Nation. This participation in the flow ofinterstate commerce has given these. business establishments bothincreased prosperity and an mcreased responsibility to provide equalaccess and service to all citizens.Some 30 States,' the District of Columbia, and numerous cities—•

covering some two-thirds of this country and well over two-thirds of* Alaska, California, Colorado, Connocticut, Iclnlio, Illinois, Indiana, Iowa, Kansas, Maine, Maryland,

Massachusetts, Michigan, Minnesota, Montana, Nebraska, New Hampshire, Now Jersey, New Mexico,New York, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, South Dakota, Vermont, Washington, Wisconsin, and Wyoming. Cities with public accoinmodations ordinances which are outside theabove States include Washington, D.C., Wilmington, Del., I.ouisvllle, Ky., El Paso, Tex., Kansas City,Mo., and St. Louis, Mo.

CIVIL RIGHTS 5

its people—have already enacted laws of varying effectiveness againstdiscrimination in places of public accommodation, many of them inresponse to the recommendation of President Truman's Committeeon Civil Rights in 1947. But whde their efforts indicate that legislation in this area is not extraordinary, the failure of more States totake effective action makes it clear that Federal legislation is necessary.The State and local approach has been tried. The voluntary approachhas been tried. But these approaches are insufficient to prevent thefree flow of commei'ce from being arbitrarily and inefficiently restrainedand distorted by discrimination in such establishments.

Clearly the Federal Government has both the power and the obligation to eliminate these discriminatory practices; first, because theyadversely affect the national economy and the flow of interstate commerce; and secondly, because Congress has been specifically empowered under the 14th amendment to enact legislation making certainthat no State law permits or sanctions the unequal protection ortreatment of any of its citizens.There have been increasing public demonstrations of resentment

directed against this kind of discrimination—demonstrations whichtoo often breed tension and violence. Only the Federal Government,it is clear, can make these demonstrations unnecessary by providingpeaceful remedies for the grievances which set them off.For these reasons, I am today proposing, as part of the Civil Rights

Act of 1963, a provision to guarantee all citizens equal access to theservices and facilities of hotels, restaurants, places of amusement, andretail establishments. . . , .This seems to me to he an elementary right. Its denial is an arbi

trary indignity that no American in 1963 should have to endure.The proposal would give the person aggrieved the right to obtain acourt order against the offending establishment or persons. Uponreceiving a complaint in a case sufficiently important to warrant hisconclusion that a suit would materially further the purposes of theact, the Attorney General—if he finds that the aggrieved party isunable to undertake or otherwise arrange for a suit on his own (forlack of financial means or effective representation, or for fear of economic or other injury)—will fii'st refer the case for voluntary settlement to the Community Relations Service described below, give theestablishment involved time to coiTect its practices, permit State andlocal equal access laws (if any) to operate first, and then, and onlythen, initiate a suit for compliance. In short, to the extent that theseunconscionable practices can he coiTected by the individual owners,localities, and States (and recent experience demonstrates how effectively and uneventfully this can be done), the Federal Government hasno desire to intervene. • • i •But an explosive national problem cannot await city-by-city

solutions; and those who loudly abhor Federal action only invite itif they neglect or evade their own obligations.

This provision will open doors in every part of the country whichnever sliould have been closed. Its enactment will hasten the end topractices which liave no place in a free and united nation, and thushelp move this potentially dangerous problem from the streets to thecourts.

6 CIVIL EIGHTS

II. Desegregation of Schools

In my message of February 28, while commending the progressalready made in achieving desegregation of education at all levels asrequu'ed by the Constitution, I was compelled to point out the slownessof progress toward primary and secondary school desegregation. TheSupreme Court has recently voiced the same opinion. Many Negrochildi'en entering segregated grade schools at the time of the SupremeCourt decision in 1954 will enter segregated high schools this year,having suffered a loss which can never be regained. Indeed, discrimination in education is one basic cause of the other mequities and hardships inflicted upon our Negro citizens. The lack of equal educationalopportunity deprives the individual of equal economic opportimity,restricts bis contribution as a citizen and community leader, encourageshim to di'op out of school and imposes a heavy bm'den on the effort toeliminate discriminatory practices and prejudices from our nationallife.The Federal courts, pursuant to the 1954 decision of the U.S.

Supreme Court and earlier decisions on institutions of higher learning,have shown both competence and courage in directing the desegregation of schools on the local level. It is appropriate to keep thisresponsibility largely within the judicial arena. But it is unfair andunrealistic to expect that the burden of initiating such cases can bewhoUy borne by private litigants. Too often those entitled to bringsuit on behalf of their children lack the economic means for institutingand maintaining such cases or the ability to withstand the personal,physical, and economic harassment which sometimes descends uponthose who do institute them. The same is true of students wishing toattend the college of their choice but unable to assume the burden oflitigation.These difficulties are among the principal reasons for the delay in

carrying out the 1954 decision; and this delay cannot be justified tothose who have been hurt as a result. Rights such as these, as theSupreme Court recently said, are "present rights. They are notinerely hopes to some future enjoyment of some formalistic constitutional promise. The basic guarantees of our Constitution are warrants for the here and now * *In order to achieve a more orderly and consistent compliance with

the Supreme Court's school and college desegregation decisions, therefore, I recommend that the Congress assert its specific constitutionalauthority to implement the 14th amendment by including in the CivilRights Act of 1963 a new title providing the following:(A) Authority would be given the Attorney General to initiate in

the Federal district courts appropriate legal proceedings against localpublic school boards or public mstitutions of higher learning—or tointervene in existing cases—whenever—

(1) he has received a written complaint from students or fromthe parents of students who are being denied equal protection ofthe laws by a segregated public school or college; and(2) Im certifies that such persons are unable to undertake or

otherwise arrange for the initiation and maintenance of suchlegal proceedings for lack of financial means or effective legalrepresentation or for fear of economic or other injury; and(3) he determines that his initiation of or intervention in such

suit will materially further the orderly progress of desegregation

CIVIL RIGHTS

in public education. For this purpose, the Attorney Generalwould establish criteria to determine the priority and relativeneed for Federal action in those districts from which complaintshave been filed. . .

(B) As previously recommended, technical and hnanciai assistancewould be given to those school districts in all parts of the countrywhich voluntarily or as the result of litigation, are engaged m theprocess of meeting the educational problems flowing from desegregation or racial imbalance but which are in need of guidance, experiencedhelp or financial assistance in order to train their personnel foi thischangeover, cope with new difficulties and complete the ]ob satisfac-torilv (including in such assistance loans to a district where State orlocal funds have been withdrawn or withheld because of desegregation).

Public institutions already operating without racial discrimination,of course, ivill not be affected by this statute. Local action can alwaysmake Federal action unnecessary. Many school boards have peacefully and voluntarily desegregated in recent years. And while thisact does not include private colleges and schools, I strongly urge theinto live up to their responsibilities and to recognize no arbitrary bar otrace or color—for such bars have no place in any institution, least ofall one devoted to the truth and to the improvement of all mankind.

III. Fair and Full Employment

Unemplovment falls with special cruelty on minority groups. Theunemployment rate of Negro workers is more than twice as high asthat of the working force as a whole. In many of om* larger cities,both North and South, the number of jobless Negro youth--often20 nercent or more—creates an atmosphere of frustration, resentment,and unrest which does not bode well for the future. Delinquency,vandalism, gang warfare, disease, slums, and the high cost of publicwelfare and crime are aU directly related to unemployment amongwhites and Negroes alike—and recent labor difficulties m Philadelphiamay well be only the beginning if more ]obs are not found m thelarger northern cities in particular. _ i • j ,Employment opportunities, moreover, play a major role m detei-

mining whether the rights described above are meaningful, -rhere islittle value in a Negro's obtaining the right to be admit^ted to hotelsand restaurants if he has no cash in his pocket and no pb. _

Relief of Negro unemployment requires progress m three major

More jobs must he created through greater ecanomic growth.—The Nem'o—too often unskilled, too often the fimt to be fired and thelast to be hired—is a primary victim of recessions, depressed areas,and unused industrial capacity. Negro unemployment will not benoticeably diminished in this country until the total demand foi laboris effectively increased and the whole economy is headed toward alevel of full employment. When our economy operates below capa-citv Negroes are more severely affected than other groins. Lon-verselv retmm to full emplojmient yields particular benefits to theNem'O.' Recent studies have shown that for every 1 percentage-point decline in the general unemployment rate there tends to be a2 percentage-point reduction in Negi'o unemployment.Prompt and substantial tax reduction is a key to achieving the

full employment we need. The promise of the area redevelopment

8 CIVIL RIGHTS

program—which harnesses local initiative toward the solution ofdeep-seated economic distress—must not be stifled for want ofsufScient authorization or adequate financing. The acceleratedf)ublic works program is now gaining momentum; States, cities, andocal communities should press ahead %vith the projects financed bythis measm'c. In addition, I have instructed the Departments ofLabor, Commerce, and Health, Education, and Welfare to examinehow their programs for the relief of unemployment and economichardship can be still more intensively focused on those areas of hardcore, long-term unemployment, among both white and nonwhiteworlvers. Our concern rvith civil rights must not cause any diversionor dilution of om- efforts for economic process—^for without suchprogress the Negro's hopes wdll remain unfuuilled.(2) More education and training to raise the level oj skills.—A dis

tressing number of unemployed Negroes are illiterate and unskilled,refugees from farm automation, unable to do simple computations oreven to read a help-wanted advertisement. Too many are equippedto work only in those occupations where technology and other changeshave reduced the need for manpower—as farm labor or manual labor,in mining or construction. 'Too many have attended segregatedschools that were so lacldng to adequate funds and faculty as to beunable to produce qualified job applicants. And too many who liaveattended nonsegregated schools dropped out for lack of incentive,guidance, or progress. The unemployment rate for those adults withless than 5 years of schooling is around 10 percent; it has consistentlybeen double the prevailing rate for high school graduates; and studiesof public welfare recipients show a shocldngly high proportion ofparents with less than a primary school education.Although the proportion of Negroes without adequate education

and training is far higher than the proportion of whites, none of theseproblems is restricted to Negroes alone. This Nation is in criticalneed of a massive upgrading in its education and training effort for allcitizens. In an age of rapidly changing technology, that effort todayis failing millions of our youth. It is especially failing Negro youthin segregated schools and crowded slums. If we are ever to lift themfrom the morass of social and economic degradation, it will be thi'oughthe strengthening of our education and training services—by improving the quality of instruction; by enablmg our schools to copewith rapidly expanding enroUments; and by increasing opportunitiesand incentives for aU individuals to complete their education and tocontinue their self-development during adulthood.I have therefore requested of the Congress and request again today

the enactment of legislation to assist education at every level fromgrade school through graduate school.I have also requested the enactment of several measures which

provide, by various means and for various age and educational groups,expanded job training and job experience. Today, in the new andmore urgent context of this message, I wish to renew my request forthese measures, to expand theu- prospective operation and to supplement them with additional provisions. The additional $400 millionwhich will be required beyond that contained in the January budgetis more than offset by the various budget reductions which I havealready sent to the Congress in the last 4 months. Studies show,moreover, that the loss oj 1 year's income due to unemployment is more

CIVIL RIGHTS 9

than the total cost oj 12 years of education through high school; and, whenwelfare and other social costs are added,, it is clear that failure to takethese steps will cost us far more than their enactment. There is no moreprofitable investment than education, and no greater waste than ill-trained youth.

Specifically, I now propose:(A) That additional funds he provided to broaden the manpower

development and training program, and that the act be amended, notonly to increase the authorization ceiling and to postpone the eltec-tive date of State matching requirements, but also (m hoping withthe recommendations of the President's Committee on Youth m-plovment) to lower the age for training allowances from 19 to p, toallocate funds for literacy training, and to permit the payment ol ahigher proportion of the program's training allowances to out-ot-schoolyouths, with provisions to assure that no one drops out of school totake advantage of this program;(B) That additional funds be provided to finance the pending

youth employment bill, which is designed to channel the energies ofout-of-school, out-of-work youth into the constructive outlet ofteredby hometown improvement projects and conservation work;(C) That the pending vocational education amendments, which would

greatly update and expand this program of teaching job skills to thiisein school be strengthened by the appropriation of additional funds,with some of the added money earmarked for those areas with a highincidence of school dropouts and youth unemployment, and by theaddition of a new program of demonstration youth training projectsto be conducted in these areas; , j. .i, a a(D) That the vocational education program be further amended to

provide a work-study program for youth of high school age, with federalfunds helping their school or other local public agency employ thempart time in order to enable and encourage them to complete their

That the ceiling be raised on the adult basic education Provisions in the pending education program, m order to help the btatesteach the fundamental tools of literacy and learning to culturally deprived adults. More than 22 million Americans in all parts of thecountry have less than 8 years ot schooling, and u* i,(F) That the public welfare work-relief and training program, which

the Congress added last year, be amended to provide Federal financingof the supervision and equipment costs, and more Federal demonstia-tion and training projects, thus encouraging Stateao'encies to put employable but unemployed welfare recipients to v oikon local projects which do not displace otliCT wOTkers,To make the above recommendations effective, 1 call upon moie

States to adopt enabling legislation covering unemployed lathersimder the aid-to-dependent children program, thereby gaming theirservices for "work-relief" jobs, and to move ahead more vigorouslyin implementing the manpower development and training program.?a!Zsking the Secretaries of Labor and HEW to make use of theirauthority to deal directly with communities and vocational schoolswhenever State cooperation or progress is insufficient^ particularly inthose areas where youth unemployment is too high. Above all, 1 urgethe Congress to enact all of these measures with alacrity and foresight.

H. Doc. 124, 88-1 2

10 CWIL EIGHTS

For even the complete elimination of racial cliscrunination in employment—a goal toward which this Nation must strive (as discussedbelow)—will not put a single unemployed Negro to work unless hehas the skills required and unless more jobs have been created—andthus the passage of the legislation described above (under both sees.(1) and (2)) is essential if the objectives of this message are to be met.(3) Finally racial discrimination in employment must be eliminated —

Denial of the right to work is mifair, regardless of its victim. _ It isdoubly unfair to throw its bm'den on an individual because of his raceor color. Men who served side by side with each other on the field ofbattle should have no difiiculty worldng side by side on an assemblyline or construction project.

Tberefore, to combat this evil in all parts of the coimtry,(A) The Committee on Equal Employment Opportunity, under the

chairmanship oj the Vice President, should be_ given a permanentstatutory basis, assuring it of adequate financing and enforcementprocedures. That Committee is now stepping up its efforts to removeracial barriers in the hiring practices of Federal departments, agencies,and Federal contractors, covering a total of some 20 million employeesand the Nation's major employers, I have requested a company-by-company, plant-by-plant, union-by-union report to assnre the implementation of this policy.(B) I will shortly issue an Executive order extending the authority

of the Committee on Equal Employment Opportunity to include theconstruction of buildings and other facilities undertaken wholly or inpart as a result of Federal grant-in-aid programs.(C) I have dhected that all Federal construction programs be

reviewed to prevent any racial discrimination in hiring practices, eitherdirectly in the rejection of presently available qualified Negro workersor indirectly by the exclusion of Negro applicants for apprenticeshiptraining.(D) I have directed the Secretary of Labor, in the conduct of his

duties under the Federal Apprenticeship Act and Executive OrderNo. 10925, to require that the admission of young workers to apprenticeship programs be on a completely nondiscriminatory basis.(E) I have directed the Secretary of Labor to make certain that the

job counseling and placement responsibilities of the Federal-StateEmployment Service are carried out on a nondiscriminatory basis, andto help assure that full and equal emplojunent opportunity is providedall qualified Negro applicants. The selection and referral of apph-cants for employment and for training opportimities, and the administration of the employment offices' other services and facilities,must be carried on without regard to race or color. This will be ofspecial importance to Negroes graduating from high school or collegethis month.(F) The Department of Justice has intervened in a case now pend

ing before the NLRB involving charges of'racial discrimination on thepart of certain union locals.(G) As a part of its new policy on Federal employee organizations,

this Government will recognize only those that do not discriminate ongrounds of race or color.(H) I have called upon the leaders of organized labor to end_ dis

crimination in their membership policies; and some 118 unions,representing 85 percent of the AFL-CIO membership, have signed

CmL EIGHTS 11

nondiscrimination agreements with the Committee on Equal Em-ploj^ment Opportunitj^ More are expected.(I) Finally, I renew my support of pending Federal fair employment

practices legislation, applicable to both employers and unions. Approximately two-thirds of the Nation's labor force is already covered byFederal, State, and local equal employment opportunity measures-including those employed in the 22 States pd numerous cities whichhave enacted such laws as well as those paid directly or indirectly byFederal funds. But, as the Secretary of Labor testified in January1962, Federal legislation is desirable, for it would help set a standardfor ail the Nation and close existing gaps.

This problem of unequal job opportunity must not be allowed togrow, as the result of either recession or discrimination. I enlistevery employer, every labor union, and every agency of government—whether affected directly by these measures or not—in the task ofseeing, to it that no false lines are drawn in assuring equality of theright\nd opportunity to make a decent living.

IV. Community Relations Service

I liave repeatedly stressed the fact that progress in race relations,while it cannot be delayed, can be more solidly and more peacefullyaccomplished to the extent that legislation can be butLessed byvoluntary action. I have urged each member of the U.S. Conferenceof Mayors to establish biracial human relations committees in everycity-and I hope all communities will establish such a group, preferablythrough ofHcial action. Such a board or committee can provideinvaluable services by identifying community tensions before theyreach the crisis stage, by improving cooperation and communicationbetween the races, and by advising local officials, merchants, andorganizations on the steps which can be taken to insure prompt

^ A similar agency is needed on the Federal level to work with theselocal committees, providing tfiem with advice and assistance—to workin those communities which lack a local committee—and generally tohelp ease tensions and suspicions, to help resolve interracial disputesand to work quietly to improve relations in any cominunity threatenedor torn with strife. Such an effort is in no way a substitute tor effective legislative guarantees of human rights. But conciliation andcooperation can facilitate the achievement of those rights, enablinglegislation to operate more smoothly and more effectively.The Department of Justice and its Civil Rights Division liave

already performed yeoman service of this nature, in Birmmgliam, mJackson, and throughout the country. But the problem hasbeyond the time and energies which a few otherwise burdened officialscan make available—and, in some areas, the confidence of all will begreater in an intermediary whose duties are completely separatedfrom departmental functions of investigation or litigation ■

It is my intention, therefore, to establish by Executive order (untilsuch time as it can be created by statute) an independent CommunityRelations Service—to fulfill the functions described above workingthrough regional. State, and local committees to the extent possible,and offerin'^ its services m tension-torn communities either upon itsown motion or upon the request of a local official or other party.

12 CrVTL EIGHTS

Authority for such a Service is included in the proposed omnibus bill.It will work without publicity and hold all information imparted toits officers in strict confidence. Its own resources can be preservedby its encouraging and assisting the creation of State and local committees, either on a continuing basis or in emergency situations.Without powers of enforcement or subpena, such a Service is no

substitute for other measm'es; and it cannot guarantee success. Butdialogue and discussion are always better than violence—and thisagency, by enabling all concerned to sit do^vn and reason together,can play a major role in achieving peaceful progress in civil rights.

V. Federal Programs

Simple justice requues that public funds,' to which all taxpayers ofall races contribute, not be spent in any fashion which encourages,entrenches, subsidizes, or results in racial discrimination. Direct discrimination by Federal, State, or local governments is prohibited bythe Constitution. But indirect discrimination, through the use ofFederal funds, is just as invidious; and it should not be necessary toresort to the courts to prevent each individual violation. Congressand the Executive have their responsibilities to uphold the Constitution also; and, in the 1960's, the executive branch has sought tofulfill its responsibilities by banning discrimination in federally financed housing, in NDEA and NSF institutes, in federally affectedemployment, in the Army and Air Force Reserve, in the training ofcivilian defense workers, and in all federally oivned and leased facilities.Many statures providing Federal financial assistance, however,

define with such precision both the administrator's role and theconditions upon which specified amounts shall be given to designatedrecipients that the amount of administrative discretion remaining—which might be used to ivithhold funds if discrimination were notended—is at best questionable. No administrator has the unlimitedauthority to invoke the Constitution in opposition to the mandateof the Congress. Nor would it always be helpful to requu-e unconditionally—as is often proposed—the withdrawal of all Federal fundsfrom programs m'gently needed by Negroes as weU as whites; forthis may only penalize those who least deserve it without endingdiscrimination.

Instead of permitting this issue to become a political device oftenexploited by those opposed to social or economic progress, it wouldbe better at this time to pass a single comprehensive provision makingit clear that the Federal Government is not required, under anystatute, to furnish any kind of financial assistance—by way of grant,loan, contract, guaranty, insurance or otherwise—to any programor activity in which racial discrimination occm-s. This would notpermit the Federal Government to cut off all Federal aid of aU kindsas a means of punishing an area for the discrunination occm'ringtherein—but it would clarify the authority of any administrator withrespect to Federal funds or financial assistance and discriminatorypractices.

Conclusion

Many problems rcmam that cannot be ignored. The enactment ofthe legislation I have recommended will not solve all our problems ofrace relations. This biU must be supplemented by action in every

CIVIL RIGHTS 13

branch of government at the Federal, State, and local level." It mustbe supplemented as weU by enlightened private citizens, privatebusinesses and private labor and civic organizations, by responsibleeducators and editors, and certainly by religious leaders who recognizethe conflict between racial bio'otry and the Holy Word.This is not a sectional problem—it is nationwide. It is not a parti

san problem. The proposals set forth above are based on a carefulconsideration of the views of leaders of both parties in both Housesof Congress. In 1957 and 1960, members of both parties ralliedbehind the civil rights measures of my predecessor; and I am certainthat this tradition can be continued, as it has in the case of worldcrises. A national domestic crisis also calls for bipartisan unity andsolutions.We wiU not solve these problems by blaming any group or section

for the legacy which has been handed down by past generations. Butneither will these problems be solved by clinging to the patterns of thepast. Nor, finally, can they be solved in the streets, by lawless actson either side, or by the physical actions or presence of any privategroup or public official, however appealing such melodramatic devicesmay seem to some.During the weeks past, street demonstrations, mass picketmg, and

parades have brought these matters to the Nation's attention in dramatic fashion in many cities throughout the United States. This hashappened because tbese racial injustices are real and no other remedywas in sight. But, as feelings have risen in recent daj's, these demonstrations have increasingly endangered lives and property, inflamedemotions and unnecessarily divided communities. They are not theway in which this country should rid itseK of racial discrimination.Violence is never justified; and, while peaceful communication,deliberation, and petitions of protest continue, I want to cautionagainst demonstrations which can lead to violence.

This problem is now before the Congress. Unruly tactics or pressures will not help and may hinder the effective consideration ofthese measures. If they are enacted, there will be legal remediesavailable; and, therefore, while the Congress is completing its work,I urge all community leaders, Negro and white, to do their utmost tolessen tensions and to exercise self-restraint. The Congress shouldhave an opportunity to freety work its vdll. Meanwhile, I stronglysupport action by local public officials and merchants to remedy thesegrievances on their own.

The legal remedies I have proposed are the embodiment of thisNation's oasic posture of commonsense and common justice. Theyinvolve every American's right to vote, to go to school, to get a joband to be served in a public place ivithout arbitrary discrimination— rights which most Americans take for granted.

In short, enactment of the Civil Rights Act of 1963 at this sessionof the Congress—however long it may take and however troublesomeit may be—is imperative. It will go far toward providing reasonablemen with the reasonable means of meeting these problems; and it willthus help end the kind of racial strife which this Nation can hardlyafford. Rancor, violence, disunity, and national shame can onlyhamper our national standing and security. To paraphrase thewords of Lincoln; "In giving freedom to the Negro, we assure freedomto the free—honorable alike in what we give and what we preserve."

14 CIVIL RIGHTS

I therefore ask every Member of Congress to set aside sectionaland political ties, and to look at this issue from the viewpoint of theNation. I ask you to look into your hearts—not in search of charity,for the Negro neither wants nor needs condescension—but for the oneplain, proud, and priceless quality that unites us aU as Americans; asense of justice. In this year of the emancipation centennial, justicerequires us to insure the blessings of liberty for all Americans and theirposterity—not merely for reasons of economic efficiency, worlddiplomacy, and domestic tranquility—Imt, above all, because it isright.

John F. Kennedy.The White House, June 19, 1963.

A BILL To enforce tlie coiistitutional right to vote, to confer jurisdiction upon the district courts of tin)United Statc.s to provide injuuctlvc relief against discrimination in public accommodations, to authorizethe Attorney General to institute suits to protect constitutional rights in education, to establish a Community Relations Service, to extend tor four years the Commission on Civil Rights, to prevent discrimination in federally assisted programs, to establish a Commission on Equal Employment Opportunity,and for other purposes

Be it enacted by the Senate and House of Representatives of the United States ofAmeriea in Congress assembled, That this Act may be cited as the "Civil RightsAct of 1963."Sec. 2. (a) Discrimination by reason of race, color, religion, or national origin

is incompatible with the concepts of liberty and equality to which the Government of the United States is dedicated. In recent years substantial steps havebeen taken toward eliminating such discrimination throughout the Nation.Nevertheless, many citizens of the United States, solely because of their race,color, or national origin, are denied rights and privileges accorded to other citizens and thereby subjected to inconveniences, humiliations, and hardships.Such discrimination impairs the general welfare of the United States by preventing the fuUest development of the capabilities of the whole citizenry and bylimiting participation in the economic, political, and cultural life of the Nation.(b) It is hereby declared to bo the policy of this Act to promote the general

welfare by eliminating discrimination based on race, color, religion, or nationalorigin in voting, education, and public accommodations through the exercise byCongress of the powers conferred upon it to regulate the manner of holdingFederal elections, to enforce the provisions of the fourteenth and fifteenth amendments, to regulate commerce among the several States, and to make laws necessaryand proper to execute the powers conferred upon it by the Constitution.(c) It is also desirable that disptites or disagreements arising in any community

from the discriminatory treatment of individuals for reasons of race, color, ornational origin shall be resolved on a voluntary basis, without hostility or litigation. Accordingly, it is the further purpo.so of this Act to promote this end byproviding machinery for the voluntary settlement of such disputes and disagreements.

TITLE I—VOTING RIGHTS

Sec. 101. Section 2004 of the Revised Statutes (42 U.S.C. 1971), as amendedby section 131 of the Civil Rights Act of 1957 (71 Stat. 637), and as furtheramended by section 601 of the Civil Rights Act of 1960 (74 Stat. 90), is furtheramended as follows:(a) Insert "1" after "(a)" in subsection (a) and add at the end of subsection (a)

the following new paragraphs:"(2) No person acting under color of law shall—"(A) in determining whether any individual is qualified under State law

te vote in any Federal election apply any standard, practice, or proceduredifferent from the standards, practices, or procedures applied to individualssiiuilui'ly situated who liave been found by State otRcials to bo qualified toVote."(B) deny the right of any individual to vote in any Federal election 1)0=

cause of an error or omi.sslon of such individual on any record or paper relat-iiig to any application, rogiRtration, payinont of poll tax, or oth{?r nci. requisite to voting, if such error or omission is not material in determining whethersuch Individual i.s qualified under State law to vote in such election; or

CIVIL RIGHTS 15

"(C) employ any literacy test as a qualification for voting in any Federalelection unless (i) such test is administered to each individual wholly inwriting and 00 a certified copy of the test and of the answers given by theindividual is furnished to him within twenty-five days of the submission ofhis written request made within the period of time during which records andpapers are required to be retained and preserved pursuant to title III of theCivil Rights Act of 1960 (42 U.S.C. 1974-74e; 74 Stat. 88).

"(3) For purposes of this subsection—"(A) the term 'vote' shall have the .same meaning as in subsection (e) of

this section;"(B) the words 'Federal election' shall have the same meaning as in sub

section (f) of this section: and"(C) the phrase 'literacy test' includes any test of the ability to read,

write, understand, or interpret any matter."(b) Insert immediatelj' following the period at the end of the first sentence of

subsection (c) the following new sentence: "If in any such proceeding literacy is arelevant fact it shall be presumed that any person who has not been adjudged anincompetent and who has completed the sixth grade in a public school in, or aprivate school accredited by, any State or territory or the District of Columbiawhere instruction is carried on predominantly in the English language, possessessufficient literacy, comprehension, and intelligence to vote in any Federal electionas defined in subsection (f) of this section."(c) Add the following subsection "(f)" and designate the present subsection

"(f)" as subsection "(g)": u 4.- / i .n,"(f) Whenever in any proceeding instituted pursuant to subsection (c) the

complaint requests a finding of a pattern or practice pursuant to subsection (e),and such complaint, or a motion filed within twenty days after the effective dateof tliis Act in the case of any proceeding which is pending before a district courton such effective date, (I) is signed by the Attorney General (or in his absencethe Acting Attorney General), and (2) alleges that in the affected area fewer than15 per centum of the total number of voting age persons of the same race as thepersons alleged in the complaint to have been discriminated against are registered(or otherwise recorded as qualified to vote), any person resident within theaffected area who is of the same race as the persons alleged to have been discriminated against shall be entitled, upon his application therefor, to an ®tderdeclaring him qualified to vote, upon proof that at any election or elections (I) heis qualified under State law to vote, and (2) he has since the filing of the proceedingunder subsection (c) been (A) deprived of or denied under color of law theopportunity to register to vote or otherwise to qualify to vote, or (B) found notqualified to vote by any person acting under color of law. Such order shall beeffective as to any Federal or State election held within the longest period forwhich such applicant could have been registered or otherwise qualified underState law at which the applicant's qualifications would under State law entitlehim to vote: Provided, That in the event it is determined upon final dispositionof the proceeding, including any review, that no pattern or practice of deprivationof any right secured by subsection (a) exists, the order shall thereafter no longerqualify the applicant to vote in any subsequent election."Notwithstanding any inconsistent provision of State law or the action of any

State officer or court, an applicant so declared qualified to vote shall be pw-mitted to vote as provided herein. The Attorney General shaU cause to betransmitted certified copies of any order declaring a person qualified to vote tothe appropriate election officers. The refusal by any such officer with notice ofsuch order to permit any person so qualified to vote at an appropriate electionshall constitute contempt of court. , 11 1 1 „,.j „.;ii.;„"An application for an order pursuant to this subsection shall be hcaid within

ten days, and the e.xecution of any order disposing of such application "otbiystaved if the effect of such stay would be to delay the effectiveness of the orderbeyond the date of any elcotioii at which the applicant would otherwise be"The court may appoint one or more persons, to be known as temporary voting

referees, to receive applications pursuant to this subsection and to take evidence andreport to the court findings as to whether at any election or elections (1) anyapplicant entitled under this subsection to apply for an order declaring Inmqualified to vote is qualified under State law to vote, and (2) he has since tliefiling of the proceeding under subsection (c) been (A) deprived of or denied undercolor of law the opportunity to register to vote or otherwise to qualify to vote^or(B) found not qualified to vote by any person acting under color of law. ihe

16 CIVIL RIGHTS

procedure for processing applications under this subsection and- for the entry oforders shall be the same as that provided for in the fourth and fifth paragraphs ofsubsection (e)."In appointing a temporary voting referee the court shall make its selection

from a panel provided by the Judicial Conference of the circuit. Any temporaryvoting referee shall be a resident and a qualified voter of the State in which he isto serve. He shall subscribe to the oath of office required by section 1757 of theRevised Statutes (5 U.S.C. 16), and .shall to the extent not inconsistent herewithhave all the powers conferred upon a master by rule 53(c) of the Federal Rulesof Civil Procedure. The compensation to he allowed any persons appointed bythe district court pursuant to this suissection shall be fixed by the court and shallbe payable by the United States. In the event that the district court shall appointa retired officer or employee of the United States to serve as a temporary voting-referee, such officer or employee shall continue to receive, in addition to anycompensation for services rendered pursuant to this subsection, all retirementbenefits to which he may otherwise be entitled."The court or temporary voting referee shall entertain applications and the

court shall issue orders pursuant to this subsection until final disposition of theproceeding under subsection (c), including any review, or until the finding of apattern or practice pursuant to subsection (e), whichever shall first occur. Applications pursuant to this subsection shall be determined expeditiously, and thissulDsection shall in no way be construed as a limitation upon the existing powersof the court."When used in this subsection, the words 'Federal election' shall mean any

general, special, or primary election held solely or in part for the purpose ofelecting or selecting any candidate for the office of President, Vice President,presidential elector. Member of the Senate, or Member of the House of Representatives; the words 'State election' shall mean any other general, special, orprimary election hold solelj' or in part for the purpose of electing or selecting anycandidate for public office; the words 'affected area' shall mean that county,parish, or similar subdivision of the State in which the laws of the State relatingto voting are or have been administered by a person who is a defendant in theproceeding instituted under subsection (c) on the date the original comjilaint isfiled; and the words 'voting age persons' shall mean those persons who meet theage requirements of State law for voting."(d) Add the following subsection "(h)":"(h) In any civil action brought in any district court of the United States

under this section or title III of the Civil Rights Act of 1960 (42 U.S.C. 1974—74e;74 Stat. 88) wherein the United States or the Attorney General is plaintiff, itshall be the duty of the chief judge of the district (or in his absence, the actingchief judge) in which the case is pending immediately to designate a judge in suchdistrict to hear and determine the case. In the event that no judge in the districtis available to hear and determine the case, the chief judge of the district, or theacting chief judge, as the case may be, shall certify this fact to the chief judgeof the circuit (or in his absence, the acting chief judge) who shall then designatea district or circuit judge of the circuit to hear and determine the case."It shall be the duty of the judge designated pursuant to this section to assign

the case for hearing at the earliest practicable date and to cause the case to be inevery way expedited."

TITLE II—INJUKCTIVE RELIEF AGAINST DISCRIMINATION INPUBLIC ACCOMMODATIONS

Sec. 201. (a) The American people have become increasingly mobile duringthe last generation, and millions of American citizens travel each year from Stateto State by rail, air, bus, automobile, and other means. A substantial number ofsuch travelers are members of minority racial and religious groups. These citizens, particularly Negroes, are subjected in many places to discrimination andsegregation, and they are frequently unable to obtain the goods and servicesavailable to other interstate travelers.(b) Negroes and members of other minority groups -who travel interstate are

frequently unable to obtain adequate lodging accommodations during theirtravels, with the result that they may be compelled to stay at hotels or motels ofpoor and inferior quality, travel great distances from their normal routes to findadequate accommodations, or make detailed arrangements for lodging far inadvance of scheduled interstate travel.

CIVIL RIGHTS 17

(c) Negroes and members of otlier minority groups who travel interstate arefrequently unable to obtain adequate food service at convenient places along theirroutes, with the result that many are dissuaded from traveling interstate, whileothers must travel considerable distances from their intended routes in order toobtain adequate food service.(d; Goods, services, and persons in the amusement and entertainment indus

tries commonly move in interstate commerce, and the entire American peoplebenefit from the increased cultural and recreational opportunities afforded thereby. Practices of audience discrimination and segregation artificially restrict thenumber of persons to whom the interstate amusement and entertainment industries may offer their goods and services. The burdens imposed on interstate commerce by such practices and the obstructions to the free flow of commerce wdiichresult therefrom are serious and substantial.(e) Retail establishments in all States of the Union purchase a wide variety and

a large volume of goods from business concerns located in other States and inforeign nations. Discriminatory practices in such establishments, which in someinstances have led to the withholding of patronage by those affected by suchpractices, inhibit and restrict the normal distribution of goods in the interstatemarket.

(f) Fraternal, religious, scientific, and other organizations engaged in interstate operations are frequently dissuaded from holding conventions in cities whichthey would otherwise select because the public facilities in such cities are eithernot open to all members of racial or religious minority groups or are availaljlcon a segregated basis.(g) Business organizations are frequently hampered in obtaining the services

of skilled workers and persona in the professions who are likely to encounter discrimination based on race, creed, color, or national origin in restaurants, retailstores, and places of amusement in the area where their services are needed.Business organizations which seek to avoid subjecting their employees to suchdiscrimination and to avoid the strife resulting therefrom are restricted in thechoice of location for their offices and plants. Such discrimination thus reducesthe mobility of the national labor force and prevents the most effective allocationof national resources, including the interstate movement of industries, particularlyin some of the areas of the Nation most in need of industrial and commercialexpansion and development.(h) The discriminator}'' practices described above are in all cases encouraged,

fostered, or tolerated in some degree by the governmental authorities of theStates in which they occur, which license or protect the businesses invoh'ed_ bymeans of laws and ordinances and the activities of their executive and judicialofficers. Such discriminatory practices, particularly when their cumulative effectthroughout the Nation is considered, take on the character of action by the Statesand therefore fall -within the ambit of the equal protection clause of the fourteenthamendment to the Constitution of the United States.

(i) The burdens on and obstructions to commerce which are described abovecan best be removed by invoking the powers of Congress under the fourteenthamendment and the commerce clause of the Constitution of the United Statesto prohibit discrimination based on race, color, religion, or national origin incertain public establishments.

RIGHT TO NONBISCRIMINATION IX I'I..\CES OP PUBLIC ACCOMMODATION

Sec. 202. (a) All persons shall be entitled, without discrimination or segregation on account of race, color, religion, or national origin, to the full and equalenjoyment of the goods, services, facilities, privileges, advantages and accommodations of the following public establishments:

(1) any hotel, motel, or other public place engaged in furnishing lodgingto transient guests, including guests from other States or traveling in interstate commerce;(2) any motion picture house, theater, sports arena, stadium, exhibition

hall, or other public place of amusement or entertainment which customarilypresents motion pictures, performing groups, athletic teams, exhibitions, orother sources of entertainment which move in interstate commerce; and(3) any retail shop, department store, market, drug store, gasoline sta

tion, or other public place which keeps goods for sale, any restaurant, lunchroom, lunch counter, soda fountain, or other public place engaged in sellingfood for consumption on the premises, and any other establishment wheregoods, services, facilities, privileges, advantages, or accommodations areheld out to the public for sale, use, rent, or hire, if—

18 CIVIL RIGHTS

(i) the goods, services, facilities, privileges, advantages, or accommodations offered by any such place or establishment are provided to asubstantial degree to interstate travelers,

(ii) a substantial portion of any goods held out to the public by anysuch place or establishment for sale, use, rent, or hire has moved ininterstate commerce,

(iii) the activities or operations of such place or establishment otherwise substantially affect interstate travel or the interstate movement ofgoods in commerce, orGv) such place or establishment is an integral part of an establish

ment included under this subsection.For the purpose of this subsection, the term "integral part" means physicallylocated on the premises occupied by an establishment, or located contiguous tosuch premises and owned, operated, or controlled, directly or indirectly, by or forthe benefit of, or leased from the persons or business entities which own, operate,or control an establishment.(b) The provisions of this title shall not apply to a bona fide private club or

other establishment not open to the public, except to the extent that the facilitiesof such establishment are made available to the customers or patrons of anestablishment within the scope of subsection (a).

PHOHIBITION AG.VINST DENIAL OF OR INTERFERENCE WITH THE RIGHT TO NON-DISCRIMINATION

Sec. 203. No person, whether acting under color of law or otherwise, shall(a) withhold, deny, or attempt to withhold or deny, or deprive or attempt to deprive, any person of any right or privilege secured by section 202, or (b) interfereor attempt to interfere with any right or privilege secured by section 202, or(c) intimidate, threaten, or coerce any person with a purpose of interfering withany right or privilege secured by section 202, or (d) punish or attempt to punishany person for exercising or attempting to exercise any right or privilege securedby section 202, or (e) incite or aid or abet anj' person to do any of the foregoing.

CIVIL ACTION FOR PREVENTIVE RELIEF

Sec. 204. (a) Whenever any person has engaged or there are reasonable groundsto believe that any person is about to engage in any act or practice prohibited bysection 203, a civil action for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order, may be instituted (1) by the person aggrieved, or (2) by the Attorney General for or in thename of the United States if he certifies that he has received a written complaintfrom the person aggrieved and that in his judgment (i) the person aggrieved isunable to initiate and maintain appropriate legal proceedings and (ii) the purposesof this title will be materially furthered by the filing of an action.(b) In any action commenced pursuant to this title by the person aggrieved,

he shall if he prevails be allowed a reasonalile attorney's fee as part of the costs.(c) A person shall be deemed unable to initiate and maintain appropriate legal

proceedings within the meaning of subsection (a) of this section when such personis unable, cither directly or through other interested persons or organizations, tobear the expense of the litigation or to obtain effective legal representation; orwhen there is reason to believe that the institution of such litigation by hiin wouldjeopardize the employment or economic standing of, or might result in injury oreconomic damage to, such person, his family, or his property.(d) In case of any complaint received by the Attorney General alleging a vio

lation of section 203 in any jurisdiction where State or local laws or regulationsappear to him to forbid the act or practice involved, the Attorney General shallshall notify the appropriate State and local officials and, upon request, afford thema reasonable time to act under such State or local laws or regulations before heinstitutes an action. In the case of any other complaint alleging a violation ofsection 203, the Attorney General shall, before instituting an action, refer thematter to the Community Relations Service established by title IV of this Act,which shall endeavor to secure compliance by v'oluntary procedures. No actionshall be instituted by the Attorney General less than thirty days after such referral unless the Community Relations Service notifies him that its efforts havebeen unsuccessful. Compliance with the foregoing provisions of this subsectionshall not be required if the Attorney General shall file with the court a certificatethat the delay conseciuent upon compliance with such provisions in the particularcase would adversely affect the interests of the United States, or that, in the particular case, compliance with such provisions would be fruitless.

CrVIL RIGHTS 19

JURISDICTION

Sec. 205. (a) The district courts of the United States shall have jurisdictionof proceedings instituted pursuant to this title and shall exercise the same withoutregard to whether the aggrieved party shall liave exhausted any administrativeor other remedies that may be provided by law.(b) This title shall not preclude any individual or any State or local agency

from pursuing any remedy that may be available under any Federal or State law,including any State statute or ordinance requiring nondiscrimination in publicestablishments or accommodations.

TITLE III—DESEGREGATION OF PUBLIC EDUCATION

DEFINITIONS

Sec. 301. As used in this title—(a) "Commissioner" means the Commissioner of Education.(b) "Desegregation" means the assignment of students to public schools and

within such schools without regard to theh race, color, religion, or national origin.(c) "Public school" means any elementary or secondary educational institution,

and "public college" means any institution of higher education or any technicalor vocational school above the secondary school level, operated by a State, subdivision of a State, or governmental agency within a State, or operated wholly orpredominantly from or through the use of governmental funds or property, orfunds or property derived from a governmental source.

■ (d) "School board" means any agency or agencies which administer a systemof one or more public schools and any other agency which is responsible for theassignment of students to or within such system.

ASSISTANCE TO FACILITATE DESEGREGATION

Sec. 302. The Commissioner shall conduct investigations and make a reportto the President and the Congress, within two years of the enactment of this title,upon the extent to which equal educational opportunities are denied to individualsby reason of race, color, religion, or national origin in public educational institutionsat all levels in the United States, its territories and possessions, and the Districtof Columbia- , ,, ,. .. t

Sec. 303. (a) The Commissioner is authorized, upon the application ot anyschool board. State, municipality, school district, or other governmental unit, torender technical assistance in the preparation, adoption, and implementation otplans for the desegregation of public schools or other plans designed to deal withproblems arising from racial imbalance in public school systems. Such technicalassistance may, among other activities, include making available to such agenciesinformation regarding effective methods of coping with special educationalproblems occasioned by desegregation or racial imbalance, and making availableto such agencies personnel of the Office of Education or other persons speciallyequipped to advise and assist them in coping with such problems.(b) The Commissioner is authorized to arrange, through grants or contracts,

with institutions of higher education for the operation of short--term or legularsession institutes for special training designed to improve the ability of teachers,supervisors, counselors, and other elementary or secondary school personnel todeal effectively with special educational problems occasioned by desegregationor measures to adjust racial imbalance in public school systems. Individualswho attend such an institute may be paid stipends for the period of their attendance at such institute in amounts specified by the Commissioner in regulation^including allowances for dependents and including allowances for travel to attend^"^Sec. 304. (a) A school board which has failed to achieve desegregation in allpublic schools within its jurisdiction, or a school board which is confronted withproblems arising from racial imbalance in the public schools within its jurisdiction,may apply to the Commissioner, either directly or through another governmentsunit, for a grant or loan, as hereinafter provided, for the purpose of aiding suchschool board in carrying out desegregation or in dealing with problems of racialimbalance.

20 CIVIL RIGHTS

(b) The Commissioner may malcc a grant under this section, upon applicationtherefor, for—

(1) the cost of giving to teachers and other school personnel inservicetraining in dealing with problems incident to desegregation or racial imbalance in public schools; and(2) the cost of employing specialists in problems incident to desegregation

or racial imbalance and of providing other assistance to develop understandingof these problems by parents, schoolchildren, and the general public.

(c) Each application made for a grant under this section shall provide suchdetailed information and be in such form as the Commissioner may require. Eachgrant under this section shall be made in such amounts and on such terms andconditions as the Commissioner shall prescribe, which may include a conditionthat the applicant expend certain of its own funds in specified amounts for thepurpose for which the grant is made. In determining whether to make a grant,and in fixing the amount thereof and the terms and conditions on which it willbe made, the Commissioner shall take into consideration the amount availablefor grants under this section and the other applications which are pending beforehim; the financial condition of the applicant and the other resources available toit; the nature, extent, and gravity of its problems incident to desegregation orracial imbalance, and such other factors as he finds relevant.(d) The Commissioner may make a loan under this section, upon application,

to any school board or to any local government within the jurisdiction of whichany school board operates if the Commissioner finds that—

(1) part or all of the funds which would otherwise be available to anysuch school board, either directly or through the local government withinwhose jurisdiction it operates, have been withheld or withdrawn by Stateor local governmental action because of the actual or prospective desegregation, in whole or in part, of one or more schools under the jurisdiction of suchschool board;(2) such school board has authority to receive and expend, or such local

government has authority to receive and make available for the use of suchboard, the proceeds of such loan; and(3) the proceeds of such loan will be used for the same purposes for which

the funds withheld or withdrawn would otherwise have been used.(e) Each application made for a loan under this section shall provide such

detailed information and be in such form as the Commissioner may require. Anyloan under this section shall be made upon such terms and conditions as theCommissioner shall prescribe.

(f) The Commissioner may suspend or terminate assistance under this sectionto any school board which, in his judgment, is faiiing to comply in good faith withthe terms and conditions upon which the assistance was extended.

Sec. 305. Payments pursuant to a grant or contract under this title may bemade (after necessary adjustments on account of previously made overpaymentsor underpayments) in advance or by way of reimbursement, and in such installments, and on such conditions, as the Commissioner may determine.Sec. 306. The Commissioner shall prescribe rules and regulations to carry out

the provisions of sections 301 tlrrough 305 of this title.

SUITS BY THE ATTOH.MEY GENER.\L

Sec. 307. (a) Whenever the Attorney General receives a complaint— (1) signed by a parent or group of parents to the effect that his or their

minor children, as members of a class of persons similarly situated, are beingdeprived of the equal protection of the laws by reason of the failure of aschool board to achieve desegregation, or

(2) signed by an individual, or his parent, to the effect that he has beendenied admission to or not permitted to continue in attendance at a publiccollege by reason of race, color, religion or national origin,

and the Attorney General certifies that in his judgment the signer or signers ofsuch complaint are unable to initiate and maintain appropriate legal proceedingsfor relief and that the institution of an action will materially further the orderlyprogress of desegregation in public education, the Attorney General is authorizedto institute for or in the name of the United States a civil action in a districtcourt of the United States against such parties and for such relief as may beappropriate, and such court shall have and shall exercise jurisdiction of proceedingsinstituted pursuant to this section. The Attorney General may implead asdefendants such additional parties as are or become necessary to the grant ofeffective relief hereunder.

CIVIL RIGHTS 2i

(b) A person or persons shiill be deemed unable to initiate and maintain appropriate legal proceedings within the meaning of subsection (a) of this sectionwhen such person or persons are unable, either directlj; or through other interestedpersons or organizations, to bear the expense of the litigation or to obtain effectivelegal representation,* or when there is reason to believe that the institution of suchlitigation would jeopardize the employment or economic standing of, or mightresult in injury or economic damage to, such person or persons, their families, ortheir property. ^ tt j cj. i

(c) Whenever an action has been commenced in any Court of the United btatesseeldug relief from the denial of equal protection of the laws by reason of the failureof a school board to achieve desegregation, or of a public college to admit or permitthe continued attendance of an individual, the Attornej' General for or in the nameof the United States may intervene in such action if he certifies that, in his judgment, the plaintiffs are unable to maintain the action for any of the reasons sotforth in subsection (b) of this section, and that such intervention will materiallyfurther the orderly progress of desegregation in public education. In such anaction the United States shall be entitled to the same relief as if it had institutedthe action under subsection (a) of this section.(d) The term "parent" as used in this section includes other legal rcpresenta-

^'^Sec. 308. Nothing in this title shall be construed to deny, impair, or otherwiseaffect any right or authority of the Attorney General or of the United States underexisting law to institute or intervene in any action or proceeding.Sec. 309. In any action or proceeding under this title the United States shall be

liable for costs the same as a private person.Sec. 310. Nothing in this title shall affect adversely the right of any person to

sue for or obtain relief in any court against discrimination in public education.

TITLE IV—ESTABLISHMENT OF COMMUNITY RELATIONS SERVICE

Sec. 401. There is hereby established a Community Relations Service (hereinafter referred to as the "Service"), which shall be headed by a Director whoshall be appointed by the President. The Director shaU receive compensationat a rate of $20,000 per year. The Director is authorized to appoint such additional officers and employees as he deems necessary to carry out the purposes of

*^SEc!'^4b2. It shall be the function of the Service to provide assistance to communities and persons therein in resolving disputes, disagreements, or difficultiesrelating to discriminatory practices based on race, color, or imtional ongin whichimpair the rights of persons in such communities under the Constitution or lawsof the United States or which affect or may affect interstate commerce, iheService may offer its services in cases of such disputes, disagreements, or difficulties whenever in its judgment peaceful relations among the citizens of thecommunity involved are threatened thereby, and it may offer its services eitherupon its own motion or upon the request of an appropriate local official or otherinterested person. ... . , . .^ r i- „

Sec. 403. (a) The Service shall whenever possible in performing its functionsunder this title seek and utilize the cooperation of the appropriate State or localagencies and may seek and utilize the cooperation of any nonpublic agency whichit believes may be helpful. . . ... .(b) The activities of all offieens and employees of the Service in providing assist

ance under tliis title shall be conducted in confidence and without pubhcity,and the Service shall hold confidential any information acquired m the regularperformance of its duties upon the understanding that it would be so held. JSoofficer or employee of the Service shall engage in the performance of investigativeor prosecuting functions for any department or agency in any litigation arisingout of a dispute in which he acted on behalf of the Service.

Sec. 404. Subject to the provisions of-section 403(b), the Director shall, onor before January 31 of each year, submit to the Congress a report of the activitiMof the Service during the preceding fiscal year. Such report shall also containinformation with respect to the internal administration of the Service and maycontain recommendations for legislation necessary for improvements in suchinternal administration.

22 CIVIL RIGHTS

TITLE V—COMMISSION ON CIVIL RIGHTS

Skc. 501. Section 102 of the Civil Rights Act of 1957 (42 U.S.C. 1975a; 71Stat. 634) is amended to read as follows:

"rules op procedure of the commission, hearings

"Sec. 102. (a) The Chairman, or one designated by him to act as Chairman ata hearing of the Commission, shall announce in an opening statement the subjectof the hearing."(b) A copy of the Commission's rules shall be made available to the witness

before the Commission."(c) Witnesses at the hearings may bo accompanied by their own counsel for

the purpose of advising them concerning their constitutional rights."(d) The Chairman or Acting Chairman may punish breaches of order and

decorum and unprofessional ethics on the part of counsel, by censure and exclusionfrom the hearings.

"(e) If the Commission determines that evidence or testimony at any hearingmay tend to defame, degrade, or incriminate any person, it shall receive suchevidence or testimony or summary of such evidence or testimony in executivesession. In the event the Commission determines that such evidence or testimonyshall be given at a public session, it shall afford such person an opportunity voluntarily to appear as a witness and receive and dispose of requests from such personto subpena additional witnesses.

"(f) Except as provided in sections 102 and 105(f) of this Act, the Chairmanshall receive and the Commission shall dispose of requests to subpena additionalwitnesses."(g) No evidence or testimony or summary of evidence or testimony taken in

executive session may be released or used in public sessions without the consentof the Commission. Whoever releases or uses in public without the consent ofthe Commission such evidence or testimony taken in executive session shall bofined not more than $1,000 or imprisoned for not more than one year."(h) In the discretion of the Commission, witnesses may submit brief and per

tinent sworn statements in writing for inclusion in the record. The Commissionis the sole judge of the pertinency of testimony and evidence adduced at itshearings.

"(i) Upon payment of the cost thereof, a witness may obtain a transcript copyof his testimony given at a public session or, if given at an executive session, whenauthorized by the Commission.

"(j) A witness attending any session of the Commission shall receive $6 foreach day's attendance and for the time necessarily occupied in going to andreturning from the same, and 10 cents per mile for going from and returning toliis place of residence. Witnesses who attend at points so far removed from theirrespective residences as to prohibit return thereto from day to day shall be entitled to an additional allowance of $10 per day for expenses of subsistence, including the time necessarily occupied in going to and returning from the place ofattendance. Mileage payments shall be tendered to the witness upon service ofa subpena issued on behalf of the Commission or any subcommittee thereof."(k) The Commission shall not issue any subpena for the attendance and

testimony of witnesses or for the production of VTitton or other matter whichwould require the presence of the party subpenaed at a hearing to be held outsideof the State wherein the witness is found or resides or is domiciled or transactsbusiness, or has appointed an agent for receipt of service of process except that,in any event, the Commission may issue subpcnas for the attendance and testimony of witnesses and the production of written or other matter at a hearing heldwithin fifty miles of the place where the witness is found or resides or is domiciliedor transacts business or has appointed an agent for receipt of service of process."

Sec. 502. Section 103(a) of the Civil Rights Act of 1957 (42 U.S.C. 1975b(a);71 Stat. 634) is amended to read as follows:"Sec. 103. (a) Each member of the Commission who is not otherwise in the

service of the Government of the United States shall receive the sum of $75 perday for each day spent in the work of the Commission, shall be paid actual travelexpenses, and per diem in lieu of subsistence expenses when awaj' from his usualplace of residence, in accordance with section 5 of the Administrative ExpensesAct of 1946, as amended (5 U.S.C. 73b-2; 60 Stat. 808)."Sec. 503. Section 103(b) of the Civil Rights Act of 1957 (42 U.S.C. 1975 (b);

71 Stat. 634) is amended to read as follows:

CIVIL EIGHTS 23

"(b) Each member of the Commission who is otherwise in the service of theGovernment of the United States shall serve without compensation in additionto that received for such other service, but while engaged in the work of theCommission shall be paid actual travel expenses, and per diem in lieu of subsistenceexpenses when away from his usual place of residence, in accordance with theprovisions of the Travel Expense Act of 1949, as amended (5 U.S.C. 835-42;63 Stat. 166)." ^

Sec. 504. Section 104 of the Civil Rights Act of 1957 (42 U.S.C. 19^5c; tlStat. 635), as amended, is further amended to read as follows;

"duties op the commission

"Sec. 104. (a) The Commission shall—"(1) investigate allegations in wi'iting under oath or affirmation that

certain citizens of the United States are being deprived of their right to voteand have that vote counted by reason of their color, race, religion, or nationalorigin; which writing, under oath or affirmation, shall set forth the facts uponwhich such belief or beliefs are based;"(2) study and collect information concerning legal developments consti

tuting a denial of equal protection of the laws under the Constitution;"(3) appraise the laws and policies of the Federal Government with respect

to equal protection of the laivs under the Constitution; and" (4) serve as a national clearinghouse for information, and provide advice

and technical assistance to Government agencies, communities, industries,organizations, or individuals in respect to equal protection of the laws,including but not limited to the fields of voting, education, housing, employment, the use of public facilities, transportation, and the administrationof justice. , , X,.

Tlie Commission may, for such periods as it deems necessary, concentrate theperformance of its duties on those specified in either paragraph (1), (2), (3), or(4) and may further concentrate the performance of its duties under any of suchparagraphs on one or more aspects of the duties imposed therein." (b) The Commission shall submit interim reports to the President and to

the Congress at such times as either the Commission or the President shall deemdesirable, and shall submit to the President and to the Congre.ss a final andcomprehensive report of its activities, findings, and recommendations not laterthan September 30, 1967."(c) Sixty days after the submission of its final report and recommendations

the Commission shall cease to exist." tt r. mTr/jsSec. 505. (a) Section 105(a) of the Civil Rights Act of 1957 (42 U.S.C. 1975(d);

71 Stat. 636) is amended by striking out in the last sentence thereof $50 perdiem" and inserting in lieu thereof "$75 per diem." n

Sec. 506. Section 105(g) of the Civil Rights Act of 19ov (42 U.S.C. 19/5d(g);71 Stat. 636) is amended to read as follows: j. x • x x c"(g) In case of contumacy or refusal to obey a subpena, any district court of

the United States or the United StxTtes court of any territory or possession, or theDistrict Court of the United States for the District of Columbia,^ within the juris-diction of which the inquiry is carried on or within the jurisdiction of wich saidperson guilty of contumacy or refusal to obey is found or resides or is domiciledor transacts business, or has appointed an agent for receipt of service of process,upon application by the Attorney General of the United States shall have jurisdiction to issue to such person an order requiring such person to appear before theCommission or a subcommittee thereof, there to produce evidence if so ordered,or there to give testimony touching the matter under investigation; and anyfailure to obey such order of the court may be punished by said court as a contempt

^'^S^Ba '507. Section 105 of the Civil Rights Act of 1957 (42 U.S.C. 1975d; 71Stat. 636), as amended by section 401 of the C^ivil Rights Act of 1960 (42 U.b.tA1975d(h); 74 Stat. 89), is further amended by adding a new subsection at the endto read as follows: , , , j i i.:

"(i) The Commission shall have the power to make such rules and regulationsas it deems necessary to carry out the purposes of this Act."

24 CIVIL EIGHTS

TITLE VI—NONDISCRIMINATIOK IN FEDERALLY ASSISTEDPROGRAMS

Sec. 601. Notwithstanding any provision to tlie contrary in any law of tlieUnited States providing or authorizing direct or indirect financial assistance foror in connection with any program or activity by way of grant, contract, loan,insurance, guarantj', or otherwise, no such law shall be interpreted as requiringthat such financial assistance shall be furnished in circumstances under whichindividuals participating in or benefiting from the program or activity are discriminated against on the ground of race, color, religion, or national origin or aredenied participation or benefits therein on the ground of race, color, religion, ornational origin. All contracts made in connection with any such program oractivity shall contain such conditions as the President may prescribe for thepurpose of assuring that there shall be no discrimination in employment by anycontractor or subcontractor on the ground of race, color, religion, or nationalorigin.

TTTL1-; VII—COMMISSION ON EQUAL EMPLOYMENT OPPORTUNITY

Sec. 701. The President is authorized to establish a Commission to be knownas the "Commission on Equal Employment Opportunity," hereinafter referredto as the Commission. It shall be the function of the Commission to preventdiscrimination against employees or applicants for employment because of race,color, religion, or national origin by Government contractors and subcontractors,and by contractors and subcontractors participating in programs or activities inwhich direct or indirect financial assistance by the United States Government isprovided by way of grant, contract, loan, insurance, guaranty, or otherwise. TheCommission shall have such powers to effectuate the purposes of this title asmay be conferred upon it by the President. The President may also confer uponthe Commission such powers as he deems appropriate to prevent discriminationon the ground of race, color, religion, or national origin in government employment.Sec. 702. The Commission shall consist of the Vice President, who shall serve

as Chairman, the Secretary of Labor, who shall serve as Vice Chairman, and notmore than fifteen other members appointed by and serving at the pleasure ofthe President. Members of the Commission, while attending meetings or conferences of the Commission or otherwise serving at the request of the Commission,shall be entitled to receive compensation at a rate to be fixed by it but notexceeding $75 per diem, including travel time, and while away from their homesor regular places of business they may be allowed travel expenses, including perdiem in lieu of subsistence, as authorized by section 73b-2 of title 5 of the UnitedStates Code for persons in the Government service employed intermittently.

Sec. 703. (a) There shall be an Executive Vice Chairman of the Commissionwho shall be appointed by the President and who shall be ex officio a member ofthe Commission. The Executive Vice Chairman shall assist the Chairman, theVice Chairman, and the members of the Commission and shall be responsible forcarrying out the orders and recommendations of the Commission and for performing such other functions as the Commission may direct.(b) Section 106(a) of the Federal Executive Pay Act of 1956, as amended (5

U.S.C. 2205(a)), is further amended by adding the following clause thereto:"(52) E.xecutive Vice Chairman, Commission on Equal Employment

Opportunity."(c) The Commission is authorized to appoint, subject to the civil service laws

and regulations, such other personnel as may bo necessary to enable it to carryout its functions and duties, and to fix their compensation in accordance with theClassification Act of 1949, and is authorized to procure services as authorized bysection 14 of the Act of August 2, 1946 (60 Stat. 810; 5 U.S.C. 55a), but at ratesfor individuals not in excess of $50 a day.

TITLE VIII—MISCELLANEOUS

Sec. 801. There are hereby authorized to be appropriated such sums as arenecessary to carry out the provisions of this Act.Sec. 802. If any provision of this Act or the application thereof to any person

or circumstance is held invalid, the remainder of the Act and the application ofthe provision to other persons or circumstances shall not be affected thereby.

o

' [ATLANTA, OEOROIA

From Betty Robinson

CcJjiy

(ZnjLy

r.CA^

FORM 26-7

People in Atlanta was forced to integrate w&tli policemennaking them do so is the way that atlanta is being desingritedand not because the altnata people want integration, so it does notappear any public servant from atlanta can tell the world or thecongress how we have peacefully integrated truthfully.

J

BACKGROUND

A Handbook for Reporterscovering the desegregationof Atlanta Public Schools

prepared by

OASISOrganizations Assisting Schools in SeptemberRoom 813, 50 Whitehall Street, S.W.

Atlantd 3, Georgia

A List of PeopleYou May Want to Interview

ATLANTA PUBLIC SCHOOLS

Superintendent: Dr. John W. LetsonCity Hall —Ja 2-3381

Deputy Superintendent: Dr. Rual W. Stephens

ATLANTA BOARD OF EDUCATION

Chairman: L, J. O'Callaghan11 Marietta St., N. W.—Ja 1-0238

Attorney: A. C. (Pete) LatimerHealey Building — 521-1282

ATLANTA DEPARTMENT OF POLICE

Chief: Herbert T. Jenkins175 Decatur St., S.E.—Ja 2-7363

ATLANTA CHAMBER OF COMMERCEPresident: Ben S. Gilmer

American Telephone Co.: 529-8611Executive Vice President: Opie L. Shelton

Commerce Building — 521-0845

ATTORNEY GENERAL OF THE STATE OF GEORGIA

Eugene CookState Judicial Building — Ja 5-0401

ATTORNEYS FOR THE TRANSFER STUDENTS

Donald L. Hollowell859 Hunter St., S.W.—Ja 5-8372

E. E. Moore, Jr.175 Auburn Ave., N.E. —Ja 4-6861

FEDERAL DISTRICT JUDGE, NORTHERN DISTRICT OFGEORGIA

Frank A. Hooper, Jr.Old Post Office Building — Mu 8-3517

GENERAL ASSEMBLY COMMITTEE ON SCHOOLS

Chairman: John A. SibleyTrust Company of Georgia — Ja 2-6000

GOVERNOR OF THE STATE OF GEORGIA

S. Ernest VandiverState Capitol — Ja 1-1776

GREATER ATLANTA COUNCIL OF CHURCHES

President: Dr. Arthur Vann GibsonChurch Office: Tr 2-8939

Executive Director: Dr. Loren T. Jenks

163 Walton St., N.W. — Ja 3-2796

GREATER ATLANTA AND GEORGIA COUNCILS ONHUMAN RELATIONS

Director (Atlanta): Mrs. Walter Paschall41 Exchange PI., S.E. — 525-6468

Director (Georgia): Mrs. William C. Pauley41 Exchange PL, S.E. — 525-6468

GUTS (GEORGIANS UNWILLING TO SURRENDER)

Lester G. MaddoxHome: Ce 3-4374, Business: Tr 4-9344

HOPE, INC. (HELP OUR PUBLIC EDUCATION)

Chairman: Mrs. Thomas M. Breeden

Home: B1 5-3820

LEAGUES OF WOMEN VOTERS OF ATLANTA AND

GEORGIA

President (Atlanta): Mrs. Rushton Coulborn1036 Peachtree St., N.E. — 876-0732

President (Georgia : Mrs. Fleming Law7- 17th St. — Tr 2-4075

Public Relations Chairman: Mrs. EdwardVinson, Dr 7-5286

MAYOR OF THE CITY OF ATLANTA

William B. Hartstield

City Hall — Ja 2-4463

N. A. A. C. P.-ATLANTA BRANCH

President: Reverend Samuel W. WilliamsChurch Office: Mu 8-0206 i

Executive Director: James Gibson236 Auburn Ave., N.E. — Mu 8-6064

OASIS (ORGANIZATIONS ASSISTING SCHOOLS INSEPTEMBER)

General Chairman: Mrs. Philip HammerHome: Ce 3-0955

Vice Chairman: Rev. Allison WilliamsChurch Office: Ce 7-6491

Vice Chairman: Mrs. William S. ShelferDr 3-0765

Secretary-Treasurer: Mrs. Hamilton LokeyCe 7-4215

Executive Director: Mrs. J. C. Harris50 Whitehall St. —Ja 5-8469

Public Information Chairman:Mrs. David Neiman — Ce 7-0209

SOUTHERN REGIONAL COUNCIL

Executive Director: Dr. I,eslie W. Dunbar5 Forsyth St., N.W. — 522-8764

STATE DEPARTMENT OF EDUCATION

Superintendent: Dr. Claude PurcellState Office Building—688-2390

UNITED CHURCH WOMEN OF ATLANTA

President: Mrs. Phil B. Narmore872-5862

RALPH

M^GILLAtlanta has sought in all things to be a responsiblecity. This is her great tradition. As early asDecember 1889, Henry W. Grady, whose name

is on our modern andbeautiful city hospital, onone of our finest schools,on one of our hotels, andwhose statue stands in theheart of our city, said, ina speech made to the Merchants of Boston:"The problem of race

... is so bound up in ourhonorable obligation to theworld that we would notdisentangle it if we could

... I would rather see my people render back thisquestion rightly solved than to see them gatherall the spoils over which faction has contendedsince Cataline conspired and Caesar fought."

This was Grady's basic approach. His opinions,dealing with the context of his time, do not alljibe with today's. But, he was right in the greatsense . . . it must be rightly solved.

This is the city which welcomed back GeneralSherman, not many years after the war, and gavehim a tremendous reception, including a dinnerattended by Confederate veterans who directlyhad opposed him—and who had been driven fromthe city which he proceeded, in time, to burn.

This is the city which has always tried to lookforward, not backward. It has never wanted tobe an old Southern city, caught like a fly inamber, and dying of quaintness and musty charm.From the time the sound of hammers and therasp of saws began to be heard in the rebuildingof the city after Sherman's fires had died, we havesought to build into the city a belief in the principles of this country, of justice and opportunity.We have not always succeeded. The record is notunmarred. But we have never ceased to try.One of our great strengths is that there have

[2]

been attracted here the graduates of the manyinstitutions over the nation. Every year we arepleased to carry items about the local alumni ofWisconsin, of Minnesota, of California, of Princeton, Yale, Harvard, Smith, Radcliff, Vassar, et al,who are to have a luncheon or dinner and arecalling on the faithful to attend. Atlanta has attracted, too, many of the more ambitious youngmen and women from the smaller cities and

towns of our own state and others of the South.

We are a city of transportation and communication, and this has brought to us young executiveand professional men.

This press pack is an example. A great manypersons, all volunteers, have worked on it. Theywant you to know that after the school decisionby the U. S. Supreme Court, this was a city inwhich there was a debate and a continuing exchange of ideas. The White Citizens Councils, theKlans, and others of that mentality, could, anddid, have their say. But they were answered. Theydid not dominate. They could not coerce or intimidate, as they did in neighboring states.The men and women who have compiled this

press pack represent volunteer citizen organizations which have worked for public schools—andfor the orderly processes of law. We, of the press,radio and television, have helped them have theirsay. We commend them to you.One never knows. The forces of evil and

violence are unpredictable. But we believe thatthe overwhelming sentiment in this city is forlawful procedures. What we chiefly want you toknow is that we have not been idle. We have notsat with folded hands and waited. We have notleft it for others to do. The people of the cityhave tried to organize public opinion, and, moreimportant, to inform it. This press pack containsthe essence of that effort.

Ralph McGill

Publisher, The Atlanta Constitution

[3]

City OF AtlantaOFFICE of the MAYOR

Atlanta 3, Georgia

To the Gentlemen of the Press:

On behalf of the City of Atlanta, it is my pleasureto extend you a cordial welcome.

You have traveled far in order to be present as

history is once again made in Atlanta. KnowingAtlanta and her people, I have every confidencethat the story you flash to the world will be apositive, dramatic picture of a great City facingprofound change with dignity; a City continuingto be a credit to the Nation; a City too busy tohate.

May your stay with us be both enjoyable andrewarding. And when you go, may you take withyou in your mind a memory of the South at itsbest, and in your heart, a desire to return. We arealways glad to have you with us.

Sincerely yours.

Mayor

[4]

mMmCity OF Atlanta

DEPARTMENT of POLICE

Atlanta 3, Georgia

STATEMENT OF HERBERT T. JENKINS,

CHIEF OF THE ATLANTA POLICE

DEPARTMENT

"The Board of Education and the Superintendentof Schools has original and complete jurisdictionto operate the public schools of Atlanta. In accordance with state and Federal regulations andunder order from the Federal Court, the Atlantaschools will be desegregated when school openson August 30, 1961.

"If any person or persons object to the manneror method of operation of the Atlanta PublicSchools, those objections must be made to theSuperintendent of School's ofBce at the City Hall,and under no circumstances will objections bediscussed, or disturbances be permitted at any ofthe individual schools.

"Local and State laws have always surroundedand provided special protection for public worship and public schools. Section 36.14 of the CityCode forbids disturbing public schools and statesthat 'no person, at or near any public school,shall, by conversation, sign, or otherwise, engagethe attention of any of the pupils, to the disturbance of such school.'

"The highest value of the law is the keeping ofthe peace—the Atlanta Police Department hasfull responsibility and authority to maintain thepeace and good order over the entire city, andespecially at and around the schools."

August 1, 1961

l^'j

[5]

BACKGROUND:ATLANTA(1954-1961)

When the Supreme Court Decision of May 1954put an end to legal segregation in the nation'sschools, Georgia, like other deep South states,adopted an official policy of last-ditch legal resistance. Despite protests from the Georgia Education Association, the League of Women Votersand other responsible citizens' groups, the General Assembly of 1955 adopted a "Private SchoolPlan" which included, among other measures, aprovision to cut off funds from any school system

which attempted to desegregate.

Secure in their legal "Maginot Line" and unhampered by fear of Federal initiative in enforcingthe ruling in "Brown vs. Topeka," most Georgiansfelt the Supreme Court's emphasis was on theword "deliberate" rather than "speed." Schoolswould continue in the traditional way; regionalmores would remain unchanged. The bitter les

sons of Little Rock and Norfolk were as yet

unlearned. The changes in Baltimore, St. Louisand Louisville were not deep-South enough tostir Georgians from the blanket of apathy whichthen covered the entire school question.

The first brush with reality came in January1958, when a group of Atlanta Negroes, in a"class action," filed suit against the Atlanta SchoolBoard. The suit (Calhoun et al vs. Latimer)

asked that the School Board be enjoined frompracticing racial discrimination in the publicschools. When in June of 1959 U. S. District

Judge Frank Hooper ruled in favor of the plaintiffs and ordered the Atlanta Board to submit a

plan for desegregation by the following December, the handwriting was clearly on the wall. The

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School Board had no alternative but to submit a

plan. Yet any plan to desegregate Atlanta's schoolswould be squarely in conflict with Georgia'smassive resistance laws and would automaticallyforce their closure.

Meanwhile, in October of 1958, echoes from Norfolk and Little Rock began to reverberate alongthe Peachtrees. Anxious letters were written to the

newspapers. Isolated groups of citizens held meetings. In November, the School Committee of theAtlanta League of Women Voters publicly submitted ten questions to the School Board, themost important of which was, "Will every schoolin Atlanta close if the Courts order integration?"

The School Board withheld a public answer sincethey were litigants in the pending Court suit; butan Atlanta Constitution columnist outlined the

city's dilemma. On November 25th, under theauspices of the League of Women Voters, an openmeeting was called to discuss ways and meansof keeping schools open. A steering committee wasformed to seek cooperation with the business andfinancial leadership of Atlanta. Since it was feltthat a public stand at that time would be undesirable and premature, the steering committeenever got off the ground.

The disengagement of the local power structure,the unyielding "never" of the State political leadership and the strident, often threatening segregationist voices claiming that "no schools arebetter than integrated ones" were powerful deterrents to organized community action. Yet because the Atlanta papers responsibly reported thenews from other Southern cities, pointing outeditorially the tragic consequences of massive resistance elsewhere, many Atlantans realized theirpublic schools were in jeopardy and sought a wayto save them.

On December 9, 1958, eighteen white parentschartered HOPE, Inc. (Help Our Public Education), choosing to avoid the integration vs. segregation issue by taking an uncomplicated stand

[7]

for open public schools, period. Conceived pri

marily as an educational organization designed toclear up the fog of confusion engendered by"massive resistance," "interposition" and other so-called alternatives to compliance, it rapidly became a rallying ground for moderates who previously had suffered to remain silent. With thefervor and enthusiasm only amateurs could maintain, HOPE spawned a welter of public manifestos (Ministers, Educators and Doctors, to name

just a few) and generated enough interest byMarch of 1959 to hold a public rally which drewupwards of 1,500 people and some prominentspeakers in support of open schools (AtlantaMayor Hartsfleld, Publisher Ralph McGill, Georgia Legislator M. M. (Muggsy) Smith and EditorSylvan Meyer). Favorable press, radio and television coverage^of the March rally established abona-fide "Open Schools Movement." HOPEchapters formed in Gainesville, Marietta, Jones-boro, Rome, Athens, Macon and Savannah with

other nuclei of interested supporters in cities and

towns throughout the state.

Inevitably there was opposition, much of it well-financed and organized. In addition to theStates Rights Council led by Augusta politico, RoyHarris, the Klans and White Citizens Councils,

Atlanta-based centers of resistance such as MASE

(Metropolitan Association for Segregated Education) and later GUTS (Georgians Unwilling toSurrender) headed by Lester Maddox, now acandidate in the five-cornered Atlanta mayoraltyrace, sprang up to harass open school advocates.

On November 30, 1959 the Atlanta School Board

submitted a stair-step plan for desegregation ofthe public schools beginning with the 12th grade(given in full elsewhere in this pamphlet). JudgeHooper approved the plan on January 20, 1960and ordered it into effect the following September; or as soon as the General Assembly of Georgia could enact statutes to allow Atlanta schools

to operate.

[8]

In an attempt to influence legislative action, openschool supporters mounted an educational crashprogram. Mayor Hartsfield proclaimed a "SaveOur Schools Week" in Atlanta. Representativesof state-wide civic groups joined together in acoordinated effort. Legislators, business leadersand other opinion-makers throughout the state received repeated mailings underlining the social,economic and educational disasters accompanyingschool closings elsewhere. The Fulton and De-Kalb County legislative delegations which previously had withheld unanimous support, promised to seek legislative change. They were joinedby a handful of solons from other parts of the

state; but the prevailing sentiment when the General Assembly convened was to let Atlanta bearthe brunt of school closings to preserve segregation elsewhere in Georgia. -

All during the legislative session public pressurein behalf of open schools grew stronger. Delegations of open school supporters called on Governor Vandiver, Senator Russell, Senator Talmadgeand as many legislators as they could buttonhole.As a result, the Legislature appointed a nineteen-member "General Assembly Committee onSchools" empowered to conduct hearings in eachof the State's Congressional Districts to find outwhether "the people of Georgia may wish tomake a deliberate determination as to whether

future education is to be afforded through directtuition payments for use in private schools devoidof governmental control, or whether the publicschool system as it presently exists shall be maintained notwithstanding that the school system ofAtlanta and even others yet to come may be integrated . . ."

Cynics regarded the Committee as a delayingtactic at best. It had power only to inquire andrecommend and it was a foregone conclusionthat most Georgians considered "race-mixing" farmore disastrous than the abandonment of publiceducation. Yet the strong grass-roots support for

[9]

open schools in nearly every part of the State wasa surprise to almost everyone.

The Committee had the good fortune to bechaired by widely-respected John Sibley, Chairman of the Board of the Trust Company ofGeorgia. Mr. Sibley conducted the hearings withgood-humored dignity and impartiality. The importance of the "Sibley Commission" in awakening Georgians to the alternatives they faced cannot be overestimated. When the Committee issued

its report in April 1960, the 11-member majority recommended a Freedom of Choice plan,somewhat similar to Virginia's. The 8-memberminority stood fast for segregation, even at thecost of closed schools. The division within the

Committee itself reflected the sharp ditferences ofopinion in the state. Yet for the first time in thedeep South, the majority of an all-Georgia committee appointed by the State Legislature withthe blessings of the State Administration recommended that existing laws be changed to allowsome desegregation . . . before a Negro childactually applied to enter a white public school.

After the publication of "The Sibley Report,"Judge Hooper stayed integration of Atlantaschools for a year. On May 9, 1960, he amendedthe Atlanta Plan to include desegregation of the11th and 12th grades at the beginning of the 1961school year. The Atlanta Plan was to become effective "whether or not the General Assembly ofGeorgia at its session in January 1961 passespermissive legislation." In Judge Hooper's words,"to order the Atlanta Public Schools to integrate

. . . in September 1960 could mean but onething; that is, the closing of Atlanta's schools.To postpone this . . . will give the Georgia Legislature . . . one last chance to prevent this closing."

Immediately following this final Court decision,HOPE called a "Georgia Open Schools Conference" attended by 500 delegates invited fromsome 87 Georgia cities, towns or counties. Edward

[ 10]

R. Murrow televised this Conference in a nation

wide documentary "Who Speaks for the South."As it became more acceptable to speak out openlyfor legislative change, many came forward withstrong public statements. As a Gainesville editorput it, "You can hear minds changing all overGeorgia."

In the Fall of 1960, open school advocates initiated "Operation Last Chance," taking their cue fromJudge Hooper's words. Armed with forthrightstatements from Churches (all faiths and every

important denomination, including the influentialGeorgia Baptist Convention); business leaders(the Atlanta Chamber of Commerce, the AtlantaJaycees and key individuals throughout the State);lawyers (the Atlanta and Georgia Bar Associations); educators (the Georgia Education Association, "Mr. Jim" Peters, venerable Chairman ofthe State Board of Education); and many others,the issue was kept constantly before the public."Days of Decision" Forums were held in Athens,Rome, Albany, Columbus, Augusta and Savannah to plead the case for legislative change.The Georgia Chamber of Commerce conductedits own Legislative Forums, with Administrationfloor-leaders Frank Twitty and Carl Sanders finding a preponderance of open-school sentiment andreflecting this in their public statements. All thiswas played against the backdrop of New Orleanswhich remained in the headlines throughout the

Fall.

Coincident with the opening of the 1961 Legislative Session was the now-famous "Athen's crisis."

When two Negroes were ordered admitted to theUniversity of Georgia by U. S. District JudgeWilliam A. Bootle, Governor Vandiver and theLegislature were provided a chaotic example ofwhat "bitter-end" resistance meant. Existing statutes would force closing Georgia's beloved University (the nation's oldest state-suppOrted institution of higher learning) and this was too bittera pill for even the strongest segregationists. On

[ 11 ]

January 18, 1961, S. Ernest Vandiver, who hadbeen elected Governor of Georgia only two yearsprior on a platform which said he would neverpermit desegregation, underwent a dramatic reversal. In order to save the schools of Georgia,he offered a "Child Protection Plan," throughwhich a community can decide by local schoolboard action or a referendum whether it wants

to close its schools when it faces a court order to

desegregate. If a community decides for openschools, tuition grants provide money for children not wishing to attend integrated schools.The Legislature promptly repealed the mandatory

closing laws and adopted the Governor's four-billpackage.

The open schools advocates had won their battle.Atlanta was now free to comply with its Courtorder, with no threat of school closings. Applications for transfer to the 11th and 12th gradeswere submitted by 133 Negro children betweenMay 1st and May 15th. After an exhaustive seriesof tests and interviews (required by the AtlantaPlan) ten were chosen to enter four previously all-white high schools (Brown, Grady, Murphy andNorthside). 38 others are still in the process ofappealing the Board's decision to reject their applications. One white child, Sandra Melkild, now

attending Northside High School, has requestedtransfer to another presently all-white school,basing her request on "freedom of association."The Atlanta School Board has denied her a trans

fer. On August 9th the State School Board overruled the Atlanta Board's decision; but JudgeHooper has ordered a stay of the State Board ofEducation's ruling, pending a hearing.

Once the conflict between State and Federal laws

was resolved, emphasis shifted to desegregationwith dignity. The organizations comprising the"Open Schools Movement" sent representatives tocall on Dr. John Letson, Superintendent of Atlanta Public Schools, early last February to askwhat citizens might do to help create a climate

[12]

of calm, dignified compiiance with the law. It wassuggested that church, business, service and youthgroups outside the immediate jurisdiction of theschool administration be encouraged to play aleading role in this effort through public discussion and dissemination of information. A new

group, in fact an Organization of organizations,was formed with a broad base of community support. Its name: OASIS (Organizations AssistingSchools in September) an acronym Atlantans feelis descriptive of their city.

OASIS, with its 53 affiliates, is divided into threesections—Religious, Civic and Service Groupsand Youth-serving Agencies. Members rangefrom service clubs and Girl Scouts to labor unions

and the National Association for the Advance

ment of Colored People. Its activity has been low-key but intensive, seeking to work through already existing organizational machinery to reachhundreds of thousands of Atlanta's citizens.

OASIS has stimulated hundreds of meetingsthroughout the long, hot Atlanta summer. 126volunteer discussion leaders have been on call to

assist at gatherings varying from 200 in the Southwest Community Council to half-a-dozen anxiousparents meeting in a neighbor's living room. ASpeaker's Bureau, headed by an ex-president ofThe Toastmasters, provides information for business and service groups. A troupe of Theater Atlanta Players has presented improvised desegregation skits for teenagers at camps and youth centers all over town. OASIS has brought over onehundred white and Negro youth leaders togetherand encouraged Atlanta's more prominent citizens to speak out in behalf of responsible compliance.

OASIS' Religious Section spearheaded the observance of "Law and Order Weekend (Friday,August 25th through Sunday, August 27th) during which Atlanta's prolifery of churches andsynagogues conducted special prayers for peacefultransition. Ministers were asked to take their

[13]

vacations before August 15th so that they wouldbe on hand to give moral leadership. All faithshave participated in this effort, with leadingclergy and lay representatives playing active rolesas catalysts.

All of these efforts have received considerable

support from Atlanta's newspapers, television andradio stations. Mayor William B. Hartsfield's repeated assertions that Atlanta will preserve itsreputation for good race relations have been followed by public and private measures designed toprevent trouble. Police Chief Herbert T. Jenkinshas had officers from his department observingracial disturbances in other cities for two and

one-half years. The Chief has publicly proclaimedthat law and order will be maintained and warned

would-be violators of penalties. School Superintendent, Dr. John Letson, has told Atlantans thatanything less than desegregation with peace anddignity will "exact a price that will not be paidin full for a generation."

And when school opens on August 30th, this cityhopes to demonstrate that careful planning andintelligent preparation can prevent the violencethat has accompanied school integration nearlyeverywhere else in the deep South.

AN EDITORIAL P.S.

WE HOPE YOU WILL READ

In writing the foregoing piece, we have tried togive you "just the facts." Now let us tell youwhat's in our hearts. We had a double purposein preparing this kit. If our schools desegregatesmoothly and without incident—and the overwhelming majority of Atlantans are praying thatthey will—we wanted you to know why. If arock is thrown or a demonstration staged, youought to know that is not the whole story of ourcity.

Ask any of our local newsmen to tell you aboutthe "Open Schools Movement." They'll say we're

[14]

a bunch of starry-eyed amateurs—a strictly grassroots-type operation held together chiefly withscotch tape and imagination. But they'll also tellyou that we held together—through three interminable uphill years to accomplish what thosewho thought they knew all about Georgia saidnever would happen in our generation.

Who took part in the "Open Schools Movement?"The ordinary people who live in Atlanta—and believe ir or not, much of Georgia. The printer whodonated pamphlets and hand-bills on a "pay ifyou get it" basis. The businessmen who gave anoffice and typewriter, stationery, erasers and allthat scotch tape. The lawyers who volunteredtheir time and brainpower to unsnarl the tangledlegal thickets. But most of all, the women of Atlanta who licked the stamps, organized the meetings and stayed on the telephone until they finished the job. Yes, the unsung heroines of the"Open Schools Movement" are mostly ordinaryhousewives and mothers who left beds unmade

and meals uncooked to insure their children's edu

cational future.

Is it over yet? Not by a long shot. There arethose with whom old ways die hard. We haveheard the nation's most militant racists are mar

shaling their forces to make a stand at this"Second Battle of Atlanta." You must have heard

it too—or most of you wouldn't be here.

When the "symbolic ten" go to their classrooms,segregation in Georgia's common schools will beofficially over. There are those who wish the tencould be a thousand. There are many who objectto even one. But whatever the views that dividethem, Atlantans are united in a single hope: thatthe story that unfolds on August 30th will bemuch different from the one you might have expected. And when ten Negro children go toschool on Wednesday, the heart of Atlanta willgo in with them.

Mrs. David Neiman

Public Information Chairman

OASIS

(Organizations AssistingSchools in September)

[15]

Atlanta Public Schools

aXY HALL

ATLANTA 3, GEORGIA

To Representatives of the Press, Radioand Television:

Citizens of Atlanta have long recognized thatgood schools are an essential part of a great city.Recent developments have demonstrated a determination on the part of all concerned to assessrealistically the problems we face and to proceedwith the educational tasks ahead. Teachers and

others who are a part of the Atlanta public schoolsystem face the future with confidence and withthe firm conviction that changes and adaptationswill be made as circumstances require. I am certain that I speak for all school personnel in sayingthat we are happy to be a part of a great citythat we are convinced will become still greater inthe year ahead.

Sincerely,

John W. Letson

Superintendent

JWL/frk

[16]

ATLANTACHAMeER OF COMMERCE

T30I COMMERCE BUILOING/P. O. BOX 17XO/ATLANTA I. GEORGtA/SZ I-084S

Dear Visitor:

Atlanta is on trial. But so are the mass communications media of this nation. How well weboth conduct ourselves will have a great and lasting effect on this city.

We, the busines leaders of this city, have neverfaltered in our solid support of our officials intheir determination to obey the law. We do notintend to let lawlessness impede this mature city'squest for greatness.

We are going to continue to do everythingpossible here in Atlanta to play our rightful roleamong American cities. We like to think of ourselves as responsible citizens.

We know we, in turn, can look to each of you—our visitors—for the same high degree of responsible journalism.

Sincerely,

L

Opie L. SheltonExecutive Vice President

[ 17]

The Atlanta Plan,

Amended January 18, 1960,

Provides:

"Whereas, The State Board of Education has not promulgated rules and regulations relative to the placement ofstudents in the schools, and this Board has the inherentpower of pupil placement, and more complete regulationsare necessary.

"Now therefore: To insure orderly procedures of uniformapplication for pupil assignment, transfer, and/or placement, and to enable the continuing improvement of theeducational advantages offered the following rules andprocedure shall be followed:

"(1). In the assignment, transfer or continuance of pupils. . . the following factors and the effects or results thereofshall be considered, with respect to the individual pupil,as well as other relevant matters:

"available room and teaching capacity in the variousschools;

"the availability of transportation facilities;

"the effect of the admission of new pupils upon established or proposed academic programs;

"the suitability of established curricula for particularpupils;

"the adequacy of the pupil's academic preparation foradmission to a particular school and curriculum;

"the scholastic aptitude and relative intelligence or mental energy or ability of the pupil;

"the psychological qualification of the pupil for the typeof teaching and associations involved;

"the possibility or threat of friction or disorder amongpupils or others;

"the possibility of breaches of the peace or ill will;"the effect of admission of the pupil upon the academicprogress of other students in a particular school orfacility thereof;

"the effect of admission upon prevailing academic standards at a particular school;

"the psychological effect upon the pupil of attendance ata particular school;

"the home environment of the pupil;"the maintenance or severance of established social andpsychological relationships with other pupils and withteachers;

"the choice and interests of the pupil;"the ability to accept or conform to new and differenteducational environment;

"the morals, conduct, health and personal standards ofthe pupil;

"the request or consent of parents or guardians and thereasons assigned therefor."

(2). The City Superintendent of Schools will administerthese provisions, subject to the supervision of the Board.

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(3). The Superintendent will designate the school towhich each child applying for assignment or transfer shallgo. "All existing school assignments shall continue withoutchange until or unless transfers are directed or approved bythe Superintendent or his duly authorized representative."

(4). Applications for admission, assignment, or transferand/or placement shall be directed to the Superintendentand delivered to the school principal between May 1st andMay 15th.

(5). A separate application must be filed for each child.

(6). Application forms must be filled out and signed byparents or guardians and notarized. The Superintendentmay require interviews, tests, and investigation.

(7). Notice of action taken shall be mailed to parentsor guardians within thirty days or not later than June 15thand will be final action "unless a hearing before the Boardis requested in writing within ten days from the date ofmailing such statement."

(8). Parents may file in writing objections to assignmentor request transfer to "a designated school or to anotherschool." The Board shall act on same within a reasonabletime. A hearing will be begun within twenty days of decision by the Board that a hearing is necessary.

(9). Hearings on requests for transfers shall be conducted by the Board or not less than three of the membersof the Board, and decisions "of the members or a majoritythereof shall be deemed a final decision by the Board."

(10). Unless postponement is requested by the parentsor guardian, the Board will notify them of its decisionwithin ten days after conclusion of the hearings. Everyappeal shall be finally conducted by the Board before September 1st. Any person dissatisfied with the final decisionof the Board may appeal to the State Board of Education.

(11). The Board may assign certain pupils to vocationalor other special schools or terminate their public school enrollment altogether.

(12). "Beginning September 1, 1960, or on September1, following favorable action by the General Assembly ofGeorgia, student assignment in the Atlanta Public SchoolSystem shall be made in accordance with aforesaid rulesand regulations and without regard to race or color. For thefirst school year in which it is effective, the plan shall applyto the students in the 12th grade. Thereafter, in each successive year, the plan shall be expanded to the immediatelower grade; e.g. in 1961-62 grade 11th, in 1962-63 grade10th, etc., until all grades are included."*

(13). "Nothing contained in this resolution shall prevent the separation of boys and girls in any school or gradeor to prevent the assignment of boys and girls to separateschools."

(14). These rules shall be contingent upon the enactment of statutes by the General Assembly of Georgia andshall be submitted to the General Assembly for approval.

* On May 9, 1960 U. S. District Judge Hooper ruied thatthe Pian of the Atianta Board of Education for graduai desegregation be put into operation on May 1, 1961. Applications to the twelfth and eleventh grades of the Atlanta PublicSchools were received from May 1 to 15.

[19

The Atlanta Public Schools:

Some Facts and FiguresPrepared by the Atlanta Department of Education

THE FOUR SCHOOLS TO BE DESEGREGATED

Brown High School, named for Joseph E. Brown,Civil War governor of Georgia, is located at 765Peeples Street, S.W. West End, as the section ispopularly known, is an old and established part ofthe city where the population now comprises low tomiddle income families, although many longtimeresidents still retain and live in their fine old homes.It is a section of strong loyalties and considerablepride of accomplishment. The principal of the school.Maxwell Ivey, formerly principal of HutchinsonElementary School and former Director of Athleticsand coach of champion football teams, is serving hisfirst year as a high school principal at Brown. Theschool may be reached from City Hall by drivingwest on Whitehall, thence to Gordon, left on Peeplesfor three blocks. There are about 1200 students and50 teachers in the school. In 1961 there were 131graduates with approximately 45% attending college. Both students and teachers are very loyal tothe school and its fine tradition of good conduct andhigh ideals.

Murphy High School was opened in 1930. Its present principal is George M. McCord whose tenure asprincipal began in 1942. Mr. McCord is well knownin national camping circles, is very active inYMCA, and other youth serving organizations.The address of the school is 256 Clifton Street, S.E.,adjacent to Memorial Drive. The school may bereached by going east on Memorial Drive for approximately 3 miles. There are approximately 1200students and 50 teachers in the school. Of the 205graduating this year, about 50% continued in college. The community is a section of moderate pricedhomes, law abiding citizens, and church-going population. The school is particularly noted for a balanced program of meeting student needs and interests.

Henry Grady High School was created in 1947 fromold Boy's High School and old Tech High Schoolwhich was once situated in the same building and onthe same grounds. Named for Henry W. Grady, famous orator and newspaperman, the school hastaken great pride in its preparation of students forcollege. Located at 929 Charles Allen Drive, N.E..(formerly Parkway Drive) the school is relativelyclose to the downtown section but is also accessibleto very fine residential areas of the city. The schoolpopulation ranges from families of lower middle in-

[20]

comes to relatively high incomes, with considerablediversity in religious and ethnic composition. It maybe reached by way of Peachtree, Ponce de Leon andCharles Allen Drive; or by Peachtree and 10th Street.The principal is Roger H. Derthick (incidentally,brother of Lawrence Derthick, former U. S. Commissioner of Education) who is president of theAtlanta Teachers Association. The school has anenrollment of about 1500 students and there are 60or more teachers. Approximately 80% of the students continue their education in college.

Northside High School, whose address is 2875 North-side Drive, N.W., is located in an upper incomesection of the city. Mr. W. H. Kelley has been principal of the school since its inception in 1950. Theschool is in that portion of the city annexed in 1952.Former coach and English teacher, he presides overthe school with humor and dignity. The school hasan enrollment of approximately 1100 and there areabout 45 teachers. More than 88% of the 242 graduates this year will continue in college. The schoolhas maintained strong lead in football championships in recent years and is one where students indicate a strong school spirit. The school may bereached by going north on the Expressway to North-side Drive, or by going Peachtree Road to WestWesley, turn left to Northside, then right one block.

Historical Facts About Atlanta School SystemEstablished in 1872 with an enrollment of 3293 elementarypupils and 301 high school students. Inauguration of 6-3-3organization in 1923 with 8 junior and 4 senior high schools.Enrollment 53,491 students in all schools. Establishment ofcommunity, co-educational comprehensive high schools in1947. Total enrollment 60,761. Annexation of 39 schoolsand approximately 20,000 new students in 1952. Decentralization of administration and Area organization 1956.More than 42 millions expended for new school buildingssince 1946.

Board of Education

President, L. J. O'Callaghan; Oby T. Brewer, Jr.; Dr. RufusE. Clement; Ed S. Cook; Glenn Frick; Elmo Holt; HaroldF. Jackson; Mrs. Clifford N. Ragsdale; Fred M. Shell.

Administration

Superintendent, Dr. John W. Letson; Deputy Superintendent, Dr. Rual W. Stephens; Assistant Superintendents, JarvisBarnes, J. Everette DeVaughn; Area Superintendents, Dr.H. A. Bowen, Dr. Ed S. Cook, Jr., D, W. Heidecker, Warren T. Jackson, Dr. G. Y. Smith; Comptroller, E. R. Holley.

Directors and Supervisory StaffDirectors 18; Co-ordinators and Supervisors 7; resourcepersonnel 31.

Area OrganizationDecentralization of administration and instructional supervision by subdividing to 5 geographical school areas underArea Superintendents and supervisory staffs.

[21]

Schools

Structural organization: Elementary, kindergarten through7; high schools, grades 7-12; 2 vocational schools; 2 evening high schools; 2 evening vocational schools; 5 specialschools.

No. ofNo. Enrollment A.D.A. Teachers

ElementaryHigh SchoolsTotals

11926145

75,30229,456104,758

63,56224,64088,202

2,2651,2203,485

High SchoolsMinimum requirements for diploma (beyond 8th grade);English 4 units, social studies 3 units, math 2 units, science2 units, "activities" 2 units, electives 5 units. CoUege preparatory and distinctive diploma curricula available in all highschools.

No of No. of AttendingName Teachers A.D.A. Graduates College

Archer . . . 50 988 120 23%Bass . . . . 36 665 112 45%Brown . 51 1087 131 45%Dykes . . . 25 516East Atlanta . 27 547 80Fulton . . . 41 924 177 20%George . . . 30 552 64Grady . . . 60 1356 256 80%Howard . . . 81 1784 243 29%Murphy . . . 49 1030 205 48%North Fulton . 53 1091 239 85%Northside . 44 981 242 88%O'Keefe . . . 42 786 87 23%Price . . . 78 1614 200 29%Roosevelt . 43 840 107 25%Smith . . . 36 532 98 18%Southwest . 53 1147 234 47%Sylvan . . . 46 1021 179 41%Therrell . . . 29 585Turner . . . 69 1623 201 45%Washington . . 106 2243 324 68%West Fulton . 52 1072 148 21%

Finances

Operating budget, 30 millions. Sources of income; localtaxes 55.1%; state taxes 28.2%; other sources 2.5%; cashbalance 14.2%. Allocation: administration 2.1%; instruction 71.9%; maintenance 4.7%; operation 7.0%; operatingbalance 5.6%; others 8.7%.

Teacher Salaries

(Annual salary in 12 monthly payments)

Certification

B.AM.A6 year CollegeDoctorate . .

Minimum

$4308450049205520

Yearsto Reach

Maximum Maximum

$6540716478968688

192224

25

Buildings and GroundsNo.

Category Units

ElementaryHigh SchoolTotals .

13045175

No.Acres

535.5343.1878.6

No.Classrooms Value

219411863380

$41,985,33130,692,01172,677,324

[22]

LibrariesNo. of

Categories Books Circulation

Elementary . 280,211 1,312,974

High School . 208,413 306,972

Totals . . . 488,624 1,619,946

Cafeferias'n Q

.ft. >>

toft.

5 ^2: to ft:K

Elementary . 113 5,416,697 8,813,776 $1,806,116 $1,820,732

HighSchools . 24 1,666,919 2,445,015 921,274 920,331Totals 137 7,083,616 11,258,791 2,727,390 2,741,063

Special EducationseirogetaCyllatneMdedrateR hceepS

dna gniraeH Jc

f£.S CO to

yllanoilomEdebrutsiD srehtO T

slato

Elementary .600217411112

High Schools11230218

Totals1722204

13130

Radio and Television EducationRadio and television stations owned by Board of Education.Over 500 radio and TV sets in the schools; over 60,000students viewing and hearing 89 radio and 58 TV programsper week in 139 schools. TV instruction in Health, GeneralScience, General Biology, World History, Physics, SocialStudies, Mathematics, French and Spanish.

Health and Physical FitnessRequired of all elementary pupils and 8th and 9th gradestudents. Interscholastic athletic program in 23 high schoolscomprises 17 teams in each high school in 10 differentactivities under 115 teacher-coaches. Participation, exclusive of bands and pep squads, by 5,000 students in 113home games viewed by 200,000 spectators.

Audio-Visual EducationEstablished in 1921, one of the oldest educational audiovisual departments in the nation; school system has 5,000pieces of A-V equipment and 10,000 A-V items; 2,000presentations in classrooms; planetarium for space scienceinstruction; primate house with full-time instructor.

Future Plans and NeedsThree new high schools; 400 additional elementary classrooms; warehouse and school services building; administration building; curriculum development, supervisory, andmaterials center; automated data processing equipmentand staffing; expansion of curricular and instructionalleadership program.

[23]

MAPS of high school groundsby Atlanta Police Dept.

BROWN HIGH SCHOOL

Foster pz.LAifJTo.'J Fi

OGLETHoEPi

QBPOWN H-S.

HENRY GRADY HIGH SCHOOL

P/tRK

Red line marks curb across adjacent streets. Thisline encloses area olf-Iimits to public and press.

MURPHY HIGH SCHOOL

11 1

|/'t, ?/ /,#^/A

D/XI£-

- \

/djML-

MfmflJAL DK.

5 murph\"A

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V

CITY L/MIT

PF/^ALB CO.

NORTHSIDE HIGH SCHOOL

NORTHSIDFH.S.

W. WfSLEY RD

[25]

Information About

the Transfer Students

All of the ten transfer students, in the words of

Deputy School Superintendent Rual Stephens,"have outstanding school academic records, madeexcellent scores on the tests given them and veryfavorable impressions" when they were interviewed by school officials. Some of the 10 wereaccepted in spite of the fact that their residencesare nearer their present schools than the schoolsthey asked to attend. School officials said that in

such instances there were factors of "overridingimportance" which figured in the decisions to accept the students.

In one case, a youth aspired to go to the NavalAcademy at Annapolis and was unable to get theROTC training or special college preparatorycourses in mathematics and physics at his presentschool.

School officials made it clear from the beginningthat an important consideration in whether aNegro student was accepted or rejected wouldbe his chances of doing well in a new school environment. Those finally accepted had compositetest scores which in most instances exceeded the

median composite scores of the grades and schoolsto which they are being transferred.

Allen, Demaris—16 years old. Accepted for the12th Grade, Brown High School. Composite testscore: 94.6. Median in 12th Grade at Brown:

66.4. Asked for transfer in order to receive special training in social studies, science and mathematics. Special interest: Archaeology. Previousextra-curricular activities: Dramatic and Dance

Clubs, Junior Red Cross, Honor Society.

[26]

Black, Willie Jean—15 years old. Accepted for11 th Grade, Northside High School. Compositetest score: 93.8. Median in 11th Grade at North-

side: 82.8. Asked for transfer because of superiorcurriculum offered in science and mathematics.

Special interest: Medical career. Previous extracurricular activities: Laboratory assistant. HonorSociety, Science program at Morris Brown College.

Gaines, Donita—16 years old. Accepted for 11thGrade, Northside High School. Composite testscore: 92. Median in 11th Grade at Northside:

82.8. Asked for transfer because of superior curriculum. Special interest: Engineering. Previousextra-curricular activities: Honor Society, LibraryAssistant, Student Government, Y-Teens.

Holmes, Martha Ann—17 years old. Accepted for12th Grade, Murphy High School. Composite testscore: 72.2. Median in 12th Grade at Murphy:65.6. Asked for transfer because of crowded con

ditions at Howard High School. Special interests;Chemistry and mathematics. Previous extra-curricular activities: Band, Business-office assistant,English Club, Honor Society, Student Government.

Jefferson, Lawrence—17 years old. Accepted for12th Grade, Grady High School. Composite testscore: 85.8. Median in 12th Grade at Grady: 79.Asked for transfer because of overcrowding atHoward High School. Special interests: Mathematics and English. Previous extra-curricular activities: Honor Society, Student Government,City-wide Student Council.

[27]

McMullen, Mary James—16 years old. Acceptedfor 12th Grade, Grady High School. Compositetest score; 69.6. Median in 12th Grade at Grady:79. Asked for transfer because of overcrowdingat Howard High School. Special interests: SocialScience teaching. Previous extra-curricular activities: Basketball, Choir, Cheerleading.

Nix, Madelyn—15 years old. Accepted for 11thGrade, Brown High School. Composite test score:83.6. Median in 11th Grade at Brown: 65.8.

Asked for transfer because of superior curriculumin mathematics and physics. Special interest:Medical career. Previous extra-curricular activi

ties: Honor Society, Orchestra, Student Government.

Simmons, Arthur C.—16 years old. Accepted for12th Grade, Northside High School. Compositetest score: 84.4. Median in 12th Grade at North-

side: 84. Asked for transfer because of superiorcurriculum, particularly Mechanical Drawing.Special interest: Engineering. Previous extra-curricular activities: Honor Society.

Walton, Rosalyn—16 years old. Accepted for 11thGrade, Murphy High School. Composite testScore: 56.8. Median in 11th Grade Murphy:67.8. Asked for transfer because of proximity tohome. Special interest: Elementary school teaching. Previous extra-curricular activities: Choir,Honor Society.

Welch, Thomas E.—16 years old. Accepted for11 th Grade, Brown High School. Composite testscore: 89.2. Median in 11th Grade at Brown:

65.8. Asked for transfer in order to take ROTC,unavailable at Washington High School. Specialinterest: Admission to Annapolis and futureNaval Career. Previous extra-curricular activities:

Chorus.

[28 1

Sigma Delta Chi

Code of Ethics

I. The primary function of newspapers is to communicate to the human race what its members do,feel and think. Journalism, therefore, demands ofits practitioners the widest range of intelligence,of knowledge, and of experience, as well as natural and trained powers of observation and reasoning. To its opportunities as a chronicle areindissolvably linked its obligations as teacher andinterpreter.

n. To the end of finding some means of codifyingsound practice in just aspirations of AmericanJournalism these gains are set forth:

1. RESPONSIBILITY

The right of a newspaper to attract and holdreaders is restricted by nothing but consideration of public welfare. The use a newspapermakes of the share of public attention it gains,serves to determine its sense of responsibilitywhich it shares with every member of its staff.A journalist who uses his power for any selfishor otherwise unworthy purpose is faithless toa high trust.

2. FREEDOM OF THE PRESS

Freedom of the press is to be guarded as avital right of mankind. It is the unquestionableright to discuss whatever is not explicitly forbidden by law, including the wisdom of anyrestrictive statute.

3. INDEPENDENCE

Freedom from all obligations, except that offidelity, to the public interest is vital.A. Promotion of any private interest, contrary

to the general welfare, for whatever reason, is not compatible with honest journalism. So-called news communicationsfrom private sources should not be published without public notice of their sourceor else substantiation of their claims tovalue as news, both in form and substance.

B. Partisanship, in editorial comment, whichknowingly departs from the truth, doesviolence to the best spirit of journalism;in the news columns, it is subversive of afundamental principle of the profession.

4. ALL SINCERITY, TRUST, ACCURACY.

Good faith with the reader is the foundationof all journalism worthy of the name.

[29]

Youth-Serving Organizations Section:

Chairman, Mrs. John Steinhaus

Co-Chairman, Mrs. R. H. Brisbane

Atlanta Boys Clubs

Atlanta Girls Clubs

Atlanta Jewish Community Center

Bethlehem Community Center

B'nai B'rith Youth Organization

Girl Scouts

Grady Homes Community Girls Club

Interdenominational Youth Center

Religious Education Association

Salvation Army

Temple Youth Group

Wesley Community House

YMCA

YWCA

Religious Organizations Section;

Co-Chairmen: Reverend Nat LongReverend Norman Shands

Atlanta Chapter, American Jewish Committee

Diocesan Council of Catholic Women

Georgia Council of Churches

Greater Atlanta Council of Churches

Interdenominational Ministerial Alliance

United Church Women of Atlanta and Georgia

Churches of every faith:

Catholic, Eastern and Greek Orthodox, Jewishand Protestant; and every denomination within each faith:

Jewish: Orthodox, Conservative, Reform.

Protestant: Alliance, Assembly of God, Baptist,Christian Science, Church of Christ, Churchof God, Congregational, Episcopal, Friends,Holiness, Latter Day Saints, Lutheran, Methodist, Nazarene, Primitive Baptist, Presbyterian, Salvation Army, Seventh Day Adventists,United Liberal, Unity.

[32]

>. .. . 1, , Miii iriMH

37

Mississippi Governor here next Tuesday

All Northsiders invited

to hear Ross Barnetf^s

battle plan for SouthMississippi's Governor Ross R. Barnett, crisis-tested guardian

of Southern conservatism whose strength of mind forced the impulsive U.S. Attorney General Kennedy to retreat in shame andseek other opponents, will address Atlantans next Tuesday night(July 16) on how the South can restore Constitutional Government,He will speak in the ballroom '

of the Dinkier Plaza Hotel, starting at 7:30 o'clock, before afirst anniversary meeting of thefast-growing Atlanta CitizensCouncil to which admittance isfree for all white patroitic Atlantans.

J.K. Callaway of Old Ivy Road,president of the Atlanta CitizensCouncil, says arrangements havebeen made to accomodate all who

come.

as it will as a tax burden over

me next 30 years for propertyowners of this state.

* * *

TODAY, Governor Barnett'splan for Southwide politicalsolidarity in the 1964 Presidential election has Southwide

interest. Recently, some 1,000persons from virtually everySouthern state attended a $25-aplate dinner meeting in JacksonMiss., to cheer Governor Barnett

JAMES H. GRAY, editor andpublisher of The Albany Heraldand until his resignation was accepted by newly-electedCov-ernor Sanders was chairman of

the Georgia State DemocraticParty, will introduce GovernorBarnett at the meeting nextTues-day night. Mr. Gray is an ablespeaker, fully informed on theproblems the South faces and hehas never wavet;ed in his resistance to the indignities offeredSoutherners since the Kennedysmoved into their Washingtonpowerhouse. He is the man whobought the integration-threatenedpublic park in the heart of Albanyand made it a private, segregated park. His forewords in hisintroduction of Governor Barnett

undoubtedly will be as enlightening to Northsiders as will be themain address b y the notableMississippian.Governor Barnett's plea for

Southern unity in the 1960 Presidential race resulted in 15

electoral votes being cast forSenator Harry F. Byrd, the Virginia Democrat, for President.Georgia Democrats missed theboat in 1960, preferring to barterwith Kennedy through a $100 -million bond issue which will.never bo forgotten, continuingj,

and Alabama's Governor GeorgeWallace as they urged the Deep,South to unite behind the plan toblock any liberal candidate forPresident. . .and Just which non-liberal candidate the South willendorse will be the result of un

emotional, politically-expert decision to get this whole nationoff the hook of communism.

Georgia's Jim Gray offereddelegates to that Jackson dinnermeeting aresolutioncallingoncitizens in every Southern stateto take all necessary actions foradoption of the Barnett plan andthat resolution was unanimouslyadopted.

« * lt(

In urging all Northsiders to attend the Tuesday night meeting,Northsider Callaway said: "Governor Barnett, by his courageousactions, has become the symbolof Southern determination. He has,been on the firing line, and he hasnot yielded. He has earned theadmiration and respect of thepeople of Georgia, and of loyalAmericans everywhere. Let'sshow Governor Barnett that we in-Jeorgia share his determination'to win this fight!"

MOriRN itiMi ISMhtM nvflIM SR

'•'"wr'.'sss.

Mayors officeAtanta City Hal68 Mitchell st city

Notices Going OutTo Help Mail ZIP

By MICHAEL WRIGHT

Atlanta postmen were delivering200,000 notices to postal patronsMonday announcing the start ofthe Zoning Improvement PlanCode program."The notice delivered to each

resident, business firm, and boxholder gives the new five-digitZIP Code Number to be used intheir return address," PostmasterBurl Sanders said at a Mondaypress conference,ZIP Code, a five-digit coding

system, is intended for all classesand types of mail, he said.

"The first digit identifies thegeographical area," the postmaster reported. "The second andthird digits, together with thefirst, identify the major city orsectional center, and the fourthand fifth digits identify the postoffice or other delivery unit."

C. Banks Gladden, RegionalDirector of the Atlanta region ofthe Post Office Department, saidthat the new program for distributing mail was "born of necessity" and may forestall postalrate increases.

"The postal service now handlesnearly 70 billion pieces of mailannually," Mr. Gladden said."With the ZIP Code mail will behandled faster and at a lowercost."

ZIP CODE will not reduce thenumber of postal employes, he reported. "Using this new systemthe Post Office Department willnot have to hire additional people to handle increased Volumesof mail."

Public co-operation is expected,Mr. Gladden said, "because ourgoal is to reduce operating costs."

4

• S. -.1

WHAT IS THE GREATER ATLANTACOUNCIL ON HUMAN RELATIONS....?

It is primarily a meeting groundwhere Negroes and whites can discuss their problems and get betteracquainted. It works to securedignity and freedom for all persons a.nd to solve problems without hatred or violence.

WHAT DOES THE -GREATER ATLANTA COUNCIL

ON HUMAN RELATIONS DO..?

By informing, consulting, conferring,it is working...

.To bring about desegregation ofmedical and health services and train

ing programs.

.To make desegregation of Atlanta'sschools and colleges successful.

.To provide a Student Council forhigh school and college students withan opportunity to work for better human relations in their own age group.

.To maintain close contact with Negrotransfer students a.nd their parents.

.To increase merit employment.

.To provide hospita.lity for foreignvisitors in our city.

.To consult with ministers, educators,civic leaders before problems becomecritical.

.To make cultural fa.cilities availableto all citizens.

.To improve housing, education, employment, health services, public accomo-dations and the arts for all citizens ofGreater Atlanta.

C1

WHAT DOES THE -GREATER ATLANTA COWpiLON HUMAN RELATIONS DO..?

By informing, consulting, conferrrjngjit is working...

.To bring about desegregation ofmedical and health services and Itrain-

ing programs.

.To make desegregation of AtlantEschools and colleges successful

.To provide a. Student Council forhigh school and college students withan opportunity to work for better human relations in their own age ^oup.

.To maintain close contact with

transfer students and their pare

.To increase merit employment.

.To provide hospita.lity for foreivisitors in our city.

.To consult with ministers, educacivic leaders before problems be^critical.

.To make cultural facilities avaito all citizens.

.To improve housing, education, employment, health services, public ac lomo-dations and the arts for all citjjzensGreater Atlanta.

gro

its.

jn

ors ,

ome

jable

of

LAST YEAR THE GACHR HELPED;

.To desegregate Decatur-DeKalb library. .

.To desegregate Grady Hospitaltraining programs,

.To desegregate Atlanta, movies.

.To prepare a survey of employmentpractices....

ALSO GACHR.Counseled with Tra,nsfer Students.

.Compiled a list of integrated facilities .

.Presented UN Undersecretary RalphBunche and White House Associate

Press Secretary Andrew Hatcher asspecial speakers to the community.

.Opened office and doubled membership.

.Distributed a monthly Newsletter andheld monthly membership meetings,

COOPERATED WITH OTHER GROUPS

lAT IS THE 1963 GOAL OF GACHR.,?

.To increase membership to 1,000

.To continue monthly luncheonsfor members and friends (firstMondays at Central YWCA)

,To continue monthly Newsletterand periodic special reports

.To continue work in special areassuch as education and housing,

,To raise a budget of $10,000, whichis needed to maintain office and

program:

Office Secretary.... $3,300Office rent 1,020Telephone 780Postage............. 720Supplies & equipment 960Special program projectssuch as student work

shops, etc. 2,500Contingency 720

Total $10,000

(Salaries of Director and AssistantDirector, this year provided byUnitarian Service Committee, Inc.,a world-wide, non-sectarian serviceorganization, as part of its humanrelations program throughout theworld, total over $10,000).

Tl^E GACHR....?

HOW CAN YOU HELP.

.You can become a member. Annual dues

are $5 per person or $9 per couple.

•You can join in soliciting new members and donations...

.You can submit names of people whomay be interested in joining orgiving...

.You can accept a special job toraise funds.

.You can give volunteer time at officeor at home...

.You can collect $1 from people inyour church, club or social groupwho may say "I wish could do something". ..

.You can act on your own convictionsand encourage others to do the same..

Greater Atlanta Council on Human Relations5 Forsyth Street, N. W., Atlanta 3, Ga,Phone; 523-1581

I would like to support the GACHR by( ) becoming a member( ) volunteering my servicesC ) giving a. donation( ) soliciting funds( ) office work

Name.StreetCity .Zone State.Telephone number....,

( ) I enclose$_ duesC ) I enclose$ donation

'How NumerousSwimmers Now?'The Editors: It would be in

teresting to know just what Uieattendance is at the formerlywhite city swinuning poois.Yesterday I counted two peo

ple in the Oakland city poolaround 6 o'clock. Last yearwhen my children used the pooltliere would he several hundredstill there at that time. EarlierSunday afternoon, just after thepool opened, the entrance ofabout six Negroes practicallyemptied the pool of what wliitepersons were there.

^ The Negro speaks of moralrights and not obeying laws thathe does not believe to he just.Is it morally right for a fewsuch as the six Negroes to denyhundreds of whites theii* rightsbecause tiiey do not care tobathe with them in public?

perry STEPHENS.Atlanta.

/n

Negro HeldIn Car-BumpMelee CaseA young Negro, arrested dur

ing the weekend after a meleethat grew out of a minor rear-end collision of two cars, hasbeen bound over to Fhrlton Criminal Court on a charge of assault and battery.The Negro, Robert Lee Free

man, 22, of 756 Capitol Ave.,was placed under a $500 bond.At the same hearing the judge

dismissed a related charge ofassault and battery against awhite man. Warren D. Young,23, of Rte. 2, Lithonia.Detective H. A. Quave said

he was told that the white manwas struck with a brick and the•iegro with a wrench during thelelee. Both men were treated atrady Hospital for head wounds.The affray occurred after theeeman's car bumped or jarredrear of Young's at a streetrsection. '

I

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A-8 Us Angeles Herald-ExamlMrC^C Sunday, July 14,1963

MarchersWill DefyGuardCAMBRIDGE, Md„ July 13

I tf) —Negro leaders, defyingj the National Guard's ban on

demonstrations, have servednotice they will resume streetmarches Monday in an effortto break down racial barriers.

"Our people are restless.They want their freedomand they are determined toacquire those legitimaterights whieh have been toolong denied them," said astatement by the Cambridge Non-Violent ActionCommittee.

The committee is headedby Mrs. Gloria Richardson,militant integrationist leader.What will happen when the

National Guard confronts thedemonstrators remains to beseen. Last night about 250marchers dispersed whenBrig. Gen. George M. Gelstonquietly notified them theywould be violating militialaw, invoked by Gov. J. Mil-lard Tawes.The integrationists praised

the guard for its "impartial"handling of the tense situation, but accused Gov. Tawesof "inaction and lack of positive leadership."Tawes has turned down de

mands for a special legislative session.Under watchful eyes of 400

Guardsmen, the city displayed an uneasy semblanceof normalcy today. Therewas no immediate sign of afurther outbreak of racialviolence.

The day wore on without jtrouble. Gelston said he was thinking of relaxing some jof the drastic curbs clamped Ion the town under militia !law.

For example, he mightichange the off-the-streets cur-,few from 9 p.m. to 10 p.m."We are also investigating

the possibility of allowingpackage goods liquor storesto reopen ... we know peopleare bringing liquor into Cambridge and we feel it's notfa:ir for the package goods

tong. Smothers Assail Rights Bill

The South Rises - to Fight(From UPl and AP)

WASHINGTON, July IB-Sen, Russell B. Long, D-La.,vowed today to oppose oneof President Kennedy's civilrights proposals "until hellfreezes over. Then I proposeto start fighting on the ice."Sen. George Smathers,

D-Fla., also came out in opposition to features of thePresident's program and announced he would filibusteragainst the overall legislation.Long objected to the Presi

dent's request that the government be empowered tocut off Federal funds in areaswhere racial segregation ispracticed, in a transcribedradio interview for Louisianastations. Long commented:

"President Kennedy originally said he was opposedto such power being givento the Chief Executivewhen the Civil Rights Com-

—Asfociated Press WIrephoto

PICKBTING THE PICKETSA SOCIETY OF HIS OWN — As members of theNAACP began picketing privately-owned St. Louisamusement parks, so did Ernest Meixner. Astride awhite mule, he called for a National Association forthe Advancement of White People, and picketedthe pickets. However, there-were no serious incidents.

The Pickets VanishIn Torrance Peace(Continued from Page 1)

"because it is a good homeand a good buy." He deniedthat any integration groupwas financing the purchase,but declined to say wherethe necessary loan was being arranged.Meanwhile, Torrance police

breathed a sigh of relief.Their vacation schedule,which had been suspended

LouisvilleBans BiasIn City JobsLOUISVILLE, Ky., July 13

H")—Mayor William Cowgerissued an executive ordertoday banning discrimination by contractors doingbusiness with the city, effective, Aug 1.

stores to be penalized," the recent Southwoodsaid. picketing and demonstra-

tions, was restored accordingto Lt. Swayne Johnson.Even the "token" picket

line, which leaders of theCongress of Racial Equalityhad indicated would continue outside the Southwoodsales office until the Jack-sons actually move in, failedto appear Saturday morning

AGREEMENTWilson's acceptance of the

deposit—and his agreementto meet other demands ofIthe integrationist group —

In an administrative di- iwere disclosed Friday at arective to city department | press conference in Wilson'sheads, the mayor said to- |general offices at Gardena.day a clause will be in- i In his own statement, Wil-serted m contracts and bid son said he had met withinvitations requiring con- iheads of the NAACP and thetractors to bar discrimina- ! United Civil Rights Commit-tion because of race, creed, tee Friday morning, after hecolor, religion or national dismissed charges against 40

Imembers of CORE whom he

had arrested for trespassingin Southwood.

Courts Get

Jackson

Voting SuitWASHINGTON, July 13

The Justice Department hasasked the courts to reopenvoter registration in JacksonMiss., shut down a week agoat the height of a Negro registration drive.

Atty. Gen. Robert F. Kennedy, announcing the filingof a suit in Jackson, saidthe action was taken onlyafter informal efforts by thedepartment had failed toget voluntary reopening.Named as defendants in the

suit were the registrar, H. T,Ashford Jr., and the State of

mission recommended it,but now he fllp.flops andcomes out with a completesurrender to minority pressure groups."

The Louisiana senator saidhe would like to see a national referendum on thecivil rights legislation. Heacknowledged there was nochance of such a vote beingheld but said that if It was,"the civil rights bill wouldbe voted down."

Smathers said: "I think- . . that the tax reductionbill which would stimulatethe economy and providemore jobs for all of ourp e o p 1 e—and particularlythe Negro citizen is muchmore helpful .. . and muchmore beneficial in the longrun than the so-called sortof visionary rights whichhe talks about and the so-called civil rights bill."The Florida senator said

he will not support^ a sectionof the President's programwhich would desegregate pri-vate businesses serving the,

public or a provision to authorize the attorney generalto bring school integrationsuits.Smathers said he doesn't

think Southern opponentscan conduct a successful filibuster without some Republican help.

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FREEPICKUP &'DELIVERY

PL. 3-7351 '

MANGHEf8i22 SC

Jackson and his wife, Aiyce.iMlssissippi.were present at the press con- The suit said Ashford asked

the Hinds County circuit courtabout Wilson s (-q registration on Julyhfme to sell them a 3 an order was promptly

■ Issued closing all registrationTROUBLE? |in the county until after the

Asked if they expected any Nov. 5 election.'trouble from their new neighbors or others, Mrs. Jacksonreplied:

"No. I don't, really. How-

Ashford said his small staffwas overburdened in preparing for the Aug. 6 Democraticprimary, in which 138 names

ever, if anything should iwlii be on the ballothappen, I hope that I shall But the department debe able to face it intelli- clafed Ashford sought thegently." order closing registration "toThe Jacksons have a five-

year-old son, Eric, who wouldbe the only Negro child enrolled in a Torrance school.But Jackson said no troubleIs expected there since theboy already attends a privateschool and will probably notbe enrolled locally.At present, the couple live

in a rented home in West LosAngeles.

The Negro salesman, Wilson explained, is alreadyemployed by him at anotherof his tracts — but will beshifted in the future to sellhouses at various tractswthout regard to predominant racial character of theareas.

frustrate the Negro registration drive, thereby perpetuating the imbalance betweenthe percentage of Negro andwhite persons registered inthe county."

It's Her First

100 YearsLONDON, July 13 IJI—Dr.

Margaret Murray, notedEgyptologist and specialiston witchcraft, is celebrating her 100th birthday here.Her 90,000-word autobi

ography, "My First HundredYears," was published ■ yesterday.

FULL BUDGET SHOPFOR WOMEN

Always on the Dot \when you

Travel InJersey

onlysires Ifi'/o to 24'/2and 38 to 52

Pure ocetate jersey,drapes so gracefully,shies from creasing,',packs and unpacksalways ready to beworn. Youthful stylfwith a cardigan neckline, skirt of unpressepleats. White - dotteblack or navy blue

Uneasy Torranee Peace

Negroes to MoveOn More Builders• REACTION to Marlon Brando's charge of

racial bias in movie industry. Page A-2.

i An uneasy peace hung over the integration-iroubled Southwood housing tract of Torrance yester-lay as a Negro family prepared to move into thelouse on which developer|on Wilson accepted a $500fiposit Friday.There were no pickets ate tract, no demonstrators

.i and few sightseers.

i WIDEN DRIVE

i In reality, however, thepeace at Southwood was lit-ile more than a temporaryarmistice. Attorney IhomasNeusom of the National Association for the Advancement of Colored People saidhis group intends to bringpressure on other builders,now.

"We will start work im-I mediately^ on every builder

illllllllllllllllllllllllllllllllllllllllllU;

EXAMINER

Ion storyre. Page 1, Section B =

|e/' Page 4, Section B =

of tract homes in SouthernCalifornia," he said. "Thosewho don't agree to integrate will face mass demonstrations and picketing."

Other Negro leaders werejubilant over their "victory"though, and the Rev. H. H.Brookins said the agreementreached with Wilson was an'important breakthrough" inending all segregation in thisarea.

Wilson, on the other hand,denied that he had ever discriminated against Negrobuyers."As I have previously

stated," he said, "it has notbeen and is not my policy todiscriminate ih the sale of myhomes—anc, a statement tothat effect will be posted inmy sales offices from nowon."

ACCEPTS DEPOSIT

He accepted the deposit Friday from Negro attorney OdisJackson on a single-story,three - bedroom Southwoodhome priced at $30,000.

Jackson said he hadpicked the Southwood home

S5

lllllilllllilillliillllllH (Continued on Page 8, Cols. 3-3)kl

I'tUjL^l^JinM yC^MstUcA^^

A DESEGREGATION FORMULALos Angeles Hera/tf-Exaniner ^^^9

Sunday, July 14,1963 CCC

By CATHERINE MACKINHerald-Examiner Correspondent With Hearst Headline Service

WASHINGTON, July 13—Face the inevitable,obey the courts and get rid of hypocrisy—that'sthe basic formula followed by Atlanta, Ga., in itsprogressive march towards peaceful desegregation.

Atlanta's mayor, Ivan Allen, has been askedto come here July 26 to —tell Congress how this system works.

So far, It's proven verysuccessful, and in an Interview he told why.

try for clues to how it'sdone."I've heard from people

in towns large and smalland far too numerous to

In less than two years,industrial Atlanta—with apopulation 40 per cent Negro—has integrated schools,public accommodations andemployment with hardly aflurry of discontent.

The mayor will testifybefore the Senate Commerce Committee currently holding hearings on thepublic accommodations titleof President Kennedy's civilrights package.Mayor Allen is hesitant

to appear boastful in discussing Atlanta's triumphover segregation in the' racially troubled South.But he did say he has

been contacted by civic officials from across the coun-

WhitesMarch in

SavannahSAVANNAH, Ga., July 13

(UPD—Police broke up a pro-segregation march today ofabout 100 whites who were led

by a former detective carryinga revolver In his belt.

It was the first march of its

kind in the nation's racial

turmoil which has been

marked mainly by demonstra

tions conducted by Integra-tionlst groups.

NO TROUBLE

There were no incidents.

The whites, some carrying!Confederate flags, dispersed!peacefully when a police captain interrupted the march.-They had walked about three blocks.

The marchers were mostlyj members of the "Calvaeade\ for White Americans," a

local extreme segregationistgroup headed by HenryBrooks a former detective.Brooks said he carried arevolver because of tele

phone calls he has receivedthreatening his family andhome.

The march began from apark In the city's outlyingarea after Brooks urged about300 whites present to form acolumn and proceed to thedowntown area.Negroes have conducted nu

merous anti - segregationmarches here and earlier thisweek police used tear gas todisperse them.

"It's a shame when whitepeople can't do the samethings Negroes have beendoing," Brooks said.

The gi'oup returned to thepark, piled into automobilesand a pickup truck and thenparaded through town withtheir lights on and honkingtheir horns. Crowds gatheredat intesections and applauded them. Police maintaineda close watch on the cars.

mention.

"They all want to knowhow we went about it," hesaid.Stated simply, it was

court orders and voluntarydecision.

The first step took placein September, 1961, when,in accordance with a courtorder, Atlanta desegregatedschools.

The following month, department, variety and chainstores knocked down racialbarriers.

In January, 1962, all cityfacilities were desegregated."We just took down the 'NoColored' signs," Mayor Allen said.

A voluntary agreement

Atlanta's

Success

Explainedamong Atlanta's downtowntheater owners did awa'ywith discrimination in May,1962, and a year later, racial barriers were droppedin the city's fire department, , the last municipalagency to Integrate.

CASE OF THE POOLS|The courts this year helfi

that if Atlanta's swimminrpools were to open, the!would have to be intjgrated. On June 12, tilpools did so and without]major incident. ILast June 18, the citys

18 leading motels and hotels voluntarily desegre-,gated and, a short time later, Atlanta's 2^ major res- •taurants followed suit.

The city had no masterplan for desegregation butin each instance appropriate committees, usu^y bi-

racial, were set up to guidethe process.

The hotel and motel own

ers, for example, met for 15months before they wereready to put a plan intooperation. The chain, variety and department storestook only six months."In Atlanta, we had the

benefit of having a greatdeal of educated people inthe Negro community whohave provided very effective and responsible leadership," Mayor Allen said.

"On the other hand, thewhite people were willingto face up to the problem,get rid of their hyprocrisyand realize the inevitable.

"Both white and coloredknew the future of thecommunity depended onit."Throughout the desegre

gation mcvement, therehave been repeated demonstrations, but not serious.

"There have been somewho thought we went toofast and others who claimedwe were too slow," themayor said.

"But, despite these complaints, we've manage^ tokeep the peace."He spoke highly of the

conduct among both thewhite and Negro communities.

GREAT PATIENCE

Besides responsible leadership shouldered by theNegroes, he said they demonstrated patience "becausethey knew the effort to desegregate was being made."

The white people, particularly those with borderline feelings, controlledthemselves when theymight have spoken orfought against integration,he said.

Atlanta is the businesscenter of the southeast situated in a metropolitanarea of 1.1 million.

Of its 500,000 citizens,200,000 are Negro.Among the 150,000 regis

tered to vote, 45,000 oreNegro.Atlanta has six colleges i up the jail" last Thursday,

and universities that have ' ~been traditionally Negroand of its 6000 city em-

j

Four of those arrested ha

14 More-Danville

I Jail Creaks !DAInVILLE, Va., July 13 w i

—Small-scale picketing by iNegro civil rights demonstra-- !tors kept harried Danville po- 1lice on the run today. By ;early evening, 14 pickets had ■been arrested and jailed.The arrests stemmed from i

picketing in two downtown |department stores by small*^groups of placard-carrying |marchers protesting alleged idiscriminatory hiring policies. j

Thus, little by little, leaders in the civil rights protest movement whichbegan May 31 approachedtheir declared objective offilling the local jail., Today's arrests brought to107 the number of demonstrators taken into custody andplaced behind bars heresince Dr. Martin Luther KingJr. called on Negroes to "fill

ployes,Negro.

32 'per cent are

ve'been released on bond. Six"!were juveniles and wereturned over to their parents,

I The others refused bail. t

To Mayr Allan OFFICE MEMORANDUMFrom BjLllL Rowland

nate July 19 » 1965

1 w.uld suggest quoting from the attached edlttrial from tedaj's ConstltutloaIn your appeara»!e befB-e the Senate committee . It gives outside suppert

your «^v«catl«n of voluntary action •

I woul# also suggest quoting the 6^ erlglnal declaration of the Chmal.®Chamber of Commorco ,

S , The attached colum n by Mary McOrory gives some Insight Int. on..f the most ferthrlght smmber. ef the committee . Hi Is a man vdi, seams

to Ba on oup sldoo

/ .Lois ifenne ssy

5^.0 Pine,,

Goleta, Calif

M' yor Ivan Allen

City of Atlanta

Atlanta,

Georgia

THE ATLANTA CONSTITUTIONFor 96 Years The Soiith's Standard Newspaper

w-

RALPH McG/LL, Publisher

u Established June 16, 1868Issued dafly except New Year's, July 4, Labor Day,

'* Thanksgiving ana Cnnstmas. Secona-ciass postage paid at* Atlanta, Georgia. ^ , r.,u ... .• . The Atlanta Constitution (morning), and The Atlanta

Journal (evening), and The Atlanta Constitution and The* Atlanta Journal (Sunday), published by Atlanta News-• |)apers. Inc., 10 Forsyth St., Atlanta, Georgia.

£UG£N£ PATT£RSON, £ditor

Home-dCiivered subscription rales; Morning and Sunday, or evening and Sunday, 1 week, 50c. Morning or ev^ning daily only, 1 week, 30c^. Morning, evening and Sund^(13 issues), 1 week. 80c. Subscription prices by mad onrequest, sbiglc copies: Daily. .5c; Sunday,. 20c, Plus 3%sales tax on sales and deliveries made within the stateo£ Georgia.

Page 4 FRIDAY, JULY 19, 1963

J/iere Are Right and Wrong ReasonsFor Opposing the Civil Rights Bill

Sen. Richard B. Russell's original opposition to the President's civil rights billbelabored the proposed cure—legislation•—but ignored the ill—existence of Negrogrievances.

In a television interview he has nowstated that he is "well aware that we'reliving in a social revolution." It seems tous this a step forward by him toward thehigher ground of recognizing that a problem exists.

The other half of the question stillremains, however: What to do about theproblem?

The opponents of the President's billin Congress will not have a strong argument if—though they recognize existenceof the national problem he is trying tocope with—they avoid any responsibilityof their own for helping solve it.

Much of the Southern congressionalQpposition to the bill is based on just.such an avoidance of responsibility, emptying the arguments to a large extent."The implication is that even though aproblem is conceded to exist, the Southerner in Congress is willing to block thePresident's effort to do something aboutit while in turn offering the alternativeof doing nothing about it.

It seems to us this position is 180degrees opposed and 100 per cent weaker than the position taken by the Boardof the Atlanta Chamber of Commerce inits own resolution opposing passage of

President's bill.

* * *

The Chamber opposition is basedneither on denying that a problem existsnor upon the alternative of doing nothingabout solving it. On the contrary, theChamber couples its opposition to thelegislation with a specific and forthrightalternative solution—voluntary progressinstead of compelled progress.

Like Sen. Russell, the ChamberBoard found the public accommodationsportion of the bill to be "particularly pb-jectionable" because it would bring intrusion of further federal regulation intoprivate property.

But unlike Sen. Russell, the Cham-. her Board reiterated an alternative to thelegislation; it appealed "to all businessessoliciting business from the general public to do so without regard to race, coloror creed," solving voluntarily a problemwhose solution it does not want to seefederally compelled.

Atlanta itself is an example of a citythat does not need the President's proposed law because it is recognizing theproblem and solving it voluntarily. This,it seems to us, is the right reason for opposing the public accommodations bill.

If the Southern opposition to the billin Congress would move up to this position which has already been taken athome, then it seems to us the argumentswould be greatly strengthened, the solution of racial problems would be considerably advanced, and the dignity andreputation of the South would be betterserved. . • i, j,., ,

. i f « ' I "fV'N''*

* * * 'i-

FV

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*1/ McGroryTjom"

Sen. Hart Shifts the Ground^

Puts Life Into Rights HearingWASHINGTON—The Negro spiritual goes: "Eveiybody talkin' 'bout Heaven,

Ain't gomg there—Heaven." WeU, they were talking about Heaven at, of allplaces, tlie civil rights hearing before the Senate Commerce Committee. And be

cause one was a liberal Demorcratic senator from klichigan and the other was the segi-egationistgovernor of Alabama they couldn't agree on whether in paradise there would be separate but equalfacilities for the races.Gov. Wallace strack the ce- "I think there is one and in

leslial chord fh'st and later ob- fact 1 know there is one. I be-viously wished he hadn't. lieve he made the whole human

Heaven will be like," he saidreprovuigly.The governor had for two days

The pugnacious, pug-nosedgovernor had had a happymorning twanging out easy answers to easy questions playedto him by like-minded Sen.Thunnond, Democrat of SouthCarolina."Governor," asked the sena

tor, "Do you believe in equalopportunity for all men, be theywhite, black or tan?""Of course I do," the gov

ernor came in. And then histhoughts, you might say, soared."I am not one of these in

tellectuals who thinks there isno God," he said with pride.

family and he loves all mankind, and any man who W'ouldmistreat anyone on account ofhis color, I feel soiTy forthem."

Any other man would havesaid "amen" to that, but Sen.Hart is highly unconventionaland he promptly put to Wallacethe mort arresting question yetheard in the repetitious hearings."IVhat wiU Heaven be like?

Will it be segregated?"Wallace was plainly shocked."I don't think that you or I,

either one, knows exactly what

been fi-eely predicting what wouldhappen here if the Senatepassed the civil rights bill. Hehad admonished the Defensedepartment to look away fromDixie. He had prophesied awhite uprising and the end ofthe free enteiprise system.But Hart's shifting of the

ground to the hereafter put himoff. His code does not permithim to speculate, as Hart invited him to do, about the eating facilities in Heaven, provided the human family doeseat in eternity.He said stiffly he thought that

segregation on earth was inthe best interests of both races.

If Hart nettled the governorwith his theology, he confusedlum with his open-mindedness.He admitted he didn't know

something, which Wallace wouldnever do. He said he didn'tknow what a Negro parentwould do if he were a member of the Armed Forces whohad gro\vn up in the North andwere assigned to the South andhad to explain local conditionsto his children.Hart asked to be excused for

fui'ther civil rights duty downstairs in tlie auditorium wherea large crowd and the SenateJudiciai-y Committee, of whichhe is also a member, had gathered to hear the attorney general. After some inaudible exchanges about whether theSouthern senators should beheard first, it was decided thatMr. Kennedy should go backto the Justice department whilethe committee heard the viewsof Sen. Ervin, Democrat ofNorth Carolina.Hart came through loud and

clear' on the auditorium'schancy amplifying system. Hesaid: "We came closer to disaster in Birmingham than inCuba."

If he keeps up the pa-foi-m-ance of tire past week. Hartmay prove that a man need beneither a windbag nor a demagogue to make a name for hun-self in the troubled field ofcivil rights.

UcJ- h-1 (X t1963 CONGRESSIONAL RECORD — SENATE

At bottom, tbls business Is an attack onno less a thing than representative government. This Is so becau^ Congress is theonly part of the Government which Is literally and precisely representative In structure and character.

What the screamers, therefore, are reallyreaching for, whether they know It or not, laa kind of people's republic where publicpolicy would be exclusively In the hands ofa President who, though quite democratically and lawfully elected, would thereafterbe under no real check at au.

NEED FOR EFFECTIVE CIVIL RIGHTS

LEGISLATION

Mr. HUMPHREY. Mr. President, Iask unanimous consent that two recentarticles reporting important statementson the need for effective civil rightslegislation from outstanding churchleaders be printed in the Record at theconclusion of my remarks. The first ofthese articles, Mr, President, is takenfrom the August 31, 1963, issue of theNew York Times and reports an action

r taken by the Methodist Conference on;»Human Relations at a national meetingj of 1,100 delegates representing 10 million Methodists. That statement calledfor Federal and State laws "that willopen all facilities serving the generalpublic to all persons without regard torace." Equally as important it calledupon all of the churches within the denomination to make certain that neithertheir good name nor their funds be usedin any way to permit racial discrimination. This is a very far-reaching policyand one that should be both commendedand copied by others.The other article, Mr. President, taken

from the July 8, 1963, issue of Christianity and Crisis, is an excellent statement on the importance of congressionalaction on civil rights. It is typical ofthe growing sentiment among churchmen of all faiths. This statement is notbased upon self-interest. It is not basedupon group interest. It is based uponnational interest and upon moralgrounds. What we do here in the weeksimmediately ahead is going to be watchedclosely by these good people. They havechosen the standard of their measure.It is not put in terms of dollar limits orthe number of stores in the chain or thetype of public service. It is put in termsof equal treatment of all citizens withoutregard to race. I hope and pray thatwe will have the good sense to write abill that will meet this test.There being no objection, the articles

were ordered to be printed in the Record,as follows;[From the New York Times, Aug. 31, 1963]Methodists Back Civil Bights Plan—WouldBan Discrimination by Those ServingPublic

Chicago, August 30.—The Methodist Conference on Human Relations called today forFederal and State laws "that will open allfacilities serving the general public to allpersons without regard to race."Support for such a policy, a major issue In

pending civil rights legislation in Congi-ess,was contained in a statement approved at anational meeting of 1,100 delegates representing 10 million Methodists.The statement took the form of a far-

ranging message to the denomination'schurches that urged church units to employtheir economic power to aid integration andadvocated that the 135 church-related col

leges, Including many In the South, beopened to all races.In urging that Methodist schools, colleges,

hospitals and other Institutions be openedto aU races, the document proposed "thatthe name of the church and funds from itsbudget shall be withdrawn from any institution pursuing a policy contrary to thisrecommendation."The message also stated, "We are proud

that Methodist youths have participated innonviolent demonstrations In behalf of racialJustice all over the land."Spokesmen explained that the suggestions

are advisory. They wUl be submitted on apetition to the Methodist General Conference, the top legislative body of the denomination, which will meet In Pittsburgh nextspring.The message proposed:That "Investment funds, such as those of

the board of pensions, be used to help achieveintegrated communities."That church units develop "a program of

investment only with companies having non-discriminatory policies" and buy goods andmake contracts only with companies that donot discriminate in hiring.That members "work toward full integra

tion of schools" and assist In voter registration.

That bishops "prepare the grounds" forassigning pastors and district superintendents without regard to race.That the 1964 general conference of the

church take further steps to merge the central Jurisdiction, which Is virtually all Negro,Into the five regional Jurisdictions."We cannot prevent another person from

approaching the altar of God because of hisrace without being guilty of grievous sin,"the message declared.The message was approved by a show of

hands at the closing session of the conference.

[Prom Christianity and Crisis, July 8, 1963]The Mounting Racial Crisis

The simplest explanation for the increasingly urgent demonstrations of the Negroesagainst disfranchisement, segregation Inschool and church, lunch counter and publicconveyance, and against every public custom^that aSronts the dignity of the human being,'is that the Negro feels—as we all ought tofeel—that a century Is a long time to waitfor the elimination of the "American dilemma."

L Discriminations against a race in the present historical context are as offensive to theconscience of man and as unbearable to thevictims of discrimination as slavery was InIts day. If we recognize that the presentsituation Is more unbearable to the victimsof Injustice than it Is offensive to the conscience of men, we are confronted by thehardness of the human heart, even amongthose whose hearts have been softened by'human sympathy and the stirrings of conscience. Try as we will we cannot feel thepain of others as vividly as they do.

If we should still fhid It a mystery thatthis burst of resentment has come in aperiod in which the Ice of the long winterof injustice is breaking—after the SupremeiCourt decision on segregated schools hasgiven unmistakable evidence that the lawof the Nation Is now unequivocally on theside of Justice and dining an administrationthat has shown more concern for racialJustice than any previous one, despite theSouthern base of the regnant party—wehave only to consider that social revolt is not,as Marx thought, motivated by pure desperation. It is motivated by both resentmentsand hopes, particularly by hopes deferred,which "maketh the heart sick."

The Supreme Court had promised Integrated schools "with all deliberate sjieed."Yet a decade has passed without obviousprogress. The customs of the Nation, thepride of the dominant race. Its fear of com

petition from a race whose Increasing education would refute the dogma of its innateInferiority have Inhibited the attainmentof Justice.Impatience Is due In part to the fact that

some Negroes have attained a college education. Thus there is now an articulatecore to voice the longings of the voicelessmasses. They have performed the same service for their race as the articulate craftsmen performed for the peasants at the birthof democracy In the 17th century. Moreover,they have given evidence, particularly in therealm of sports and the arts, in theater andconcert hall, and In the novel that the vicious theory of their Innate Inferiority is afraud. Their leaders in these fields havesparked the flame of the present revolt asmuch as the students did with their original sit-ins at the lunch counters and theirfreedom rides.

Since the record of the white Protestant rChurch, except for a few heroic spirts. Is kshameful, one must record with gratitudethat Negro churchmen have been conspicuous among the leaders of the revolt. TheNegro church In the person of Dr. MartinLuther King has validated Itself In the life \of the Negroes and of the Nation.The Impatience of the Negro will not sub

side until the last vestiges of legal and customary inequality have been removed. Revolutions do not stop half way. The nextstep has been outlined by the President'snew legislative program, which Is the natural fruit of the Increasing tension of whathe has defined as our "moral crises."The legislative program as proposed seeks

to outlaw discrimination In all private commercial ventures on the basis of the 14thamendment and the Interstate commerceclause of the Constitution. It will not passwithout a great political struggle. If successful It might put the legislative capstoneon the emancipation of the race. But theretreating white supremacists are Increasingly desperate. Their murders, their policedogs and their terror have contributed asmuch to the mounting tension as the Impatience of the Negroes. We are. In short, confronted with the ultimate, or at least penultimate, chapter in the long history of overcoming the American dilemma.Of course laws cannot finally change the

recalcitrant. Their prejudices dictate customs that are at war with the explicit lawof the land and the law that Is written intothe heart. These prejudices are, in the lan^guage of St. Paul, "another law In my mem'hers warring against the law of my mind.'One can only hope that the chiuch wiU bemore effective in restraining and transmuting these vagrant and recalcitrant passionsof man than It has been In the past. Thecontribution of Roman Catholicism Is another story.We Protestants might begin the new chap

ter In our national life by contritely confessing that evangelical Christianity has failedto contribute significantly to the solution ofthe gravest social issue and evil that ourNation has confronted since slavery.

R.N.

o

FEASIBILITY OP ADOPTING THEMETRIC SYSTEM OP WEIGHTS

AND MEASURES

Ml'. PELL. Mr. President, on Tuesday, October 8, 1963, the White Housereleased the first report of the ConsumerAdvisoi-y Council which recommends,with other proposals, that a study bemade by an appropriate executive department or agency of the de.sirabilityand practicability of conversion—by theUnited States—to the metric system. Iapplaud this recommendation of theCouncil, for it adds substantially to thegrowing weight of opinion that such afeasibUity study be made.

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CONGRESSIONAL RECORD — SENATE October 10

Since I first introduced S. 1278 onApril 4, of this year, calling for such astudy by the National Bureau of Standards, I have received communications ofsupport from many diverse groups andindividuals—professor, professional engineers, persons concerned with international trade, editors of magazines, andothers. In addition, the Departments ofState, Commerce, and Defense concurthat such a study would be very useful.The Committee for the Study of the

Metric System of the American Geophysical Union has done notable work inthis field. The committee has polled- anumber of professions with regard toadopting the metric system, and hasturned up some rather startling figures.The average of some 19 different groupscontacted, who consider such a changeadvantageous to them, was a very high94 percent. Those who felt our exporttrade was suffering because we have notadopted the metric system, was 69 percent; and those who felt such a change-over is inevitable, 70 percent. At thispoint Mr. President, I should like to havereprinted in the Record two documents:one the progress report of the committeeand the second, an address by the committee's chairman, Mr. Floyd W. Houghenitled "Why Adopt the Metric System."There being no objection, the progress

report and address were ordered to beprinted in the Record, as follows:Progress Report op the Committee for theStudy of the Metric System in the UnitedStates

Floyd W. Hough, Chairman; Carl I. Aslak-son, Finn E. Bronner, John G. Ferris, HelmutE. Landsberg, G. Medina, John A. O'Keefe,Milton O. Schmidt, Lansing G. Simmons,George D. Whltmore, Julius C. Speert andThomas Dando as alternates; and L. V. Jud-son. consultant.

At the May 7, 1958, business session of the

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American Geophysical XTnion the Bronnerresolution was passed unanimously requesting President Ewlng to appoint a specialcommittee of the AGU for the study of themetric system in the United States. The resolution, printed in the Transactions of June1958 (p. 558), directed the committee toreport at the May 1959 meeting. Accordingly, the President appointed the specialcommittee noted above.

The committee held its first meeting onOctober 29, 1958, and has held fo\ir subsequent plenary sessions interspersed with anumber of partial meetings of workinggroups. Correspondence was opened withA. H. Hughes of London, deputy chairman'of the metric committee of the British Association for the Advancement of Science. TheBritish committee has parallel instructionsto those of our committee with the addedfeature of considering the conversion of theirpresent monetary system to a decimal system. Our committee entertained Hughes ata luncheon during his visit here on December 28. This was followed by an interestingsession at which the similar problems of thetwo countries were discussed. Several members of the committee attended the metricsystem discussion at the December meetingof the American Association for the Advancement of Science.

The various members of the committeehave made independent studies on the adoption of the metric system in the United Statesand submitted reports on such phases as:the effect on industry, the effect on foreigntrade, the effect on Government (includingState and municipal), the advantages anddisadvantages of the metric system, the history of the metric system in the United Statesand its use in foreign countries, the introduction of the metric system into the schools,publicity programs, best means of makingthe transition, and proper approach to Congress.

It was early recognized by the committeethat an initial poll must be taken to ascertain the feeling of the scientific field on thequestion of a change to the metric system.Accordingly, a subcommittee was appointedto draw up a suitable questionnaire and a

Table 1.—Analysis of questionnaire

letter to the editor of Transactions (seeTrans., pp. 38-39, Mar. 1959); this plan waslater extended to include the editors of anumber of scientific and engineering journals. An excellent response was made to thecommittee's request for printing the letterand questionnaire with the result that theyhave been carried already in the official publications of the following organizations:American Society of Civil Engineers, American Society of Mechanical Engineers, Institute of Radio Engineers, American Association for the Advancement of Science, Societyof American Military Engineers, AmericanGeophysical Union, and American Society ofPhotogrammetry.Two in addition to the above will carry

the letter and questionnaire In their nextissues. It is felt that these organizationswith perhaps 175,000 readers, excluding overlapping membership, should furnish an adequate coverage of the scientific and engineering fields. The replies to these questionnaires are coming in daily and will no doubtcontinue for some time owing to the re-centness of some of the publication issues.To date, we have had about 700 returned.While this number is a small percentage ofthe readers of the above publications, itshould be noted that in ail cases the questionnaire was printed in such a manner thatit was necessary to cut it out of the magazine, often destroying text material on theopposite side of the sheet. Add to this thenecessity to address and stamp an envelope,and we must conclude that the 700 represent only the most enthusiastic of those concerned with the subject. A considerablenumber of one- and two-page letters havebeen received with excellent suggestions andencouragement. Furthermore, of the 700questionnaires received, about 14 percenthave indicated willingness to aid financially.The tabular analysis of the first 577 ques

tionnaires returned, for the computation ofwhich the committee is indebted to personnel of the U.S. Coast and Geodetic Survey,is shown in table 1. The tabular analysisis self-explanatory, the nine questions beingshown by number at the heads of the columns and the various professions by numberat the left.

Pd.99980010000100100100100100100100100100100100100100ICQ

Period forcliange

(question 4)

Yeart22212120212526182018202315261928162221

22

Pd.9710096100969810096100931001001009010010092100100

Use centigradetemperature(question 5)

97

Pd.89929810097

100100100100100100100100100100100

06

Pd.1182032171200000000000

Pd.100100981009810010010010010010010010010010010092100100

Export trade nowsuffering

(question 6)

90

Pd.706866607877624610010010010010076636076100100

Pd.303244

5022233864000002638502500

31

Pd.69443967366260626050223160406267314660

Metric systemadaption inevi-tODlo (ques

tion 7)

Pd.6363713385626964100938873100756783776063

70

Pd.37372967153831360713270253367234038

Pd.99929710061941001001001008985100809210010091100

Cost of gradualchange pro

hibitive Cques-tion 8)

90

Pd.1393

06894000000400200

Pd.879197100949291961001001001001001009610010080100

94

> Key to professions:

0 Others (Including not Identified)1 Physics2 Chemistry3 Mathematics4 Civil engineering5 Electrical engineering

Pd.90900710063969796

10093100691001009610010001100

90

Sponsorship (question 9)

o ®

PM

Pd.30483944374229411759504067283211584639

Pd.19180844151323150005111017032444160609

Pd.16080911140809031716171700181611

061614

12 36

Pd.979208100991001001001001001001001001009610010091100

98

6 Mechanical ongineering7 Geology8 Aerodynamics9 Medical10 Pharmacology11 Research scientist12 Metallurgy

13 Biology14 Photogrammetry16 Geography16 Meteorology17 Teaching18 Oceanography

discourse, with mutual

I and, therefore, with joy and gratefulness foghls the gift of llfe^t and

S andSnpelsissive

es ofenii- ti atlallyThenet-)Wl-Imen a

wiUme'

THE lADMINISTRATION'S CIVILRIGHTS BILL

Mr. TALMADGE. Mr. President, neverbefore In the history of the UnitedStates—indeed, not in the history of anyfree and civilized people—has such vicious legislation been proposed as thatpart of the administration's so-calledcivil rights bill which would enable ttFederal Government to excommunicasovereign States, to in effect, banithem from the Union.

i

I refer to title VI of the civil rightsbill now pending before this body, S.

, 1731, which reads in part as follows:' Notwithstanding anv provision to the con-ftrary in any law of the United States pro-ividing or authorizing direct or indirect 11-I nancial assistance for or in connection withiSany program or activity by way of grant,I'Scontract, loan, insurance, guaranty, or other

wise, no such law shall be interpreted as requiring that such financial assistance shallbe furnished in circumstances under whichindividuals participating in or benefitingfrom the program or activity are discriminated against on the ground of race, color,religion, or national origin or are denied participation or benefits therein on tire ground^of race, color, religion, or national origin.

- Under this provision, Mr. President,the executive branch of our Governmentwould be given carte blanche authorityto withhold Federal funds paid to theStates in grants-in-aid programs or tocancel Federal financial participation incontracts, loans, insurance, and guaran-tecs

Without any notice, without any hearing, without a judicial proceeding of anykind, and without any appeal or othersafeguard against abuse, entire Statescould be starved out of the FederalTreasury.

By alleging discrimination in connection with any Federal aid program, the^Executive would have um-estrained con-'trol over the expenditm'e of funds appropriated by the Congress for direct or indirect assistance to the States.

No court test to determine whetherdiscrimination was actually being practiced would be required.

This proposal is so broad that wholeStates could be punished for votingwrong, if discrimination were alleged asan excuse.

Title VI is aimed of course at thet States of the South, in a brazen attempt(to legislate social reform and to black-/ mail law-abiding citizens to go againstI that which they believe to be in the besti interests of everyone.' However, I would emphasize that no

State in the Union would be secureagainst the wrath, whims or caprices ofa Federal bureaucrat armed with the unlimited power of title VI.

A person of oriental or Mexican descent, for example, could apply for a bankloan in California or a highway job inArizona, and be refused as a poor creditrisk or as not competent for the job.

On the basis of a claim of discrimination, a Federal official could cause thecancellation of all FDIC insurance on allCalifornia banks or the loss of all Federal highway funds for the entire Stateof Arizona.

By the same token, the citizens ofwhole States receiving welfare benefitscould be denied their old-age assistanceor aid to the disabled.

Needy children could be deprived offood they now receive under the schoollunch program.

Civil defense programs, so vital to thesecurity of our country, could be haltedin States which lost the favor of someFederal bureaucrat.

States could be denied Federal aid inhospital construction; funds for researchin such critical areas as heart disease.

5RESSIONAL RECORD — SENA':

cancer, and mental health could suddenlybe cut off.

The ultimate effect of this iniquitousproposal would be to destroy our republican form of government.

Power to expend the funds it appropriated would be wrested from the Congressand handed over to the Executive.

Sovereign States would have to toe theadministration line.

I submit. Mi". President, that title VIis totally unjustified and unwise, as thePresident himself said last April, whenthe Civil Rights Commission suggestedthat Federal funds be denied Mississippi.

'He said;I don't have any power to cut off the aid

In the way proposed by the Civil Rights Commission, and I would think that it wouldprobably be unwise to give the-President ofthe United States that kind of power.

I favor the full enjoyment of everyAmerican citizen of all rights guaranteedhim by the Constitution. I know of noone who has claimed a deprivation ofrights who has gone to court under existing statutes and has not had his rightsgranted him in full.

But I do not believe that a certain privileged group should be granted specialrights and benefits to the extent that therights of others are lost.

And, it is my opinion, Mr. President,that a majority of the citizens of theUnited States share this view.

GOVERNMENT LOSSES OF AGRICULTURAL COMMODITIES—REPINED SALAD OIL

Mr. WILLIAMS of Delaware. Mr.President, on July 16, 1963, I called theattention of the Senate to the fact thatunder Public Law 480 our Governmenthad entered into a barter agreement with,Austria for the disposal of 40 million^bushels of feed grains but that out ofthis 40 million bushels only approxi-

• mately 16 million bushels ever arrived i'Austria, and the other 24 million bushewere diverted while en route, destinatiunknown.

Just how our Government couldtrack of 24 million bushels of grain

3-year period without someone k'ing it, is as yet unexplained.

To determine who, if anyone, four Government officials or the ex'may have been a part of the co?to arrange this illegal transact'troduced Senate Resolution 171pose of which was to conduscale investigation of all t?under Public Law 480.

The Government of /already indicted seven A'viduals for their part in tl"version of 24 million bushdid not see how this fr/been pei"petrated withouthis side of the Atlar 'thus far the Senate A(tee has not seen fit Ulution authorizing tW

Today i wish to Cample of a loose tradisposal of agriciiThis transaction likquestions as to the pj

SjGRESSIONAL RECORD — APPENDIX A5219

his efforts to strengthen and stabilizethe government.The basic objectives of Indonesia's

domestic policy are to mold the Indonesian people into a gi-eat nation, todevelop the country's resources, and toimprove the living conditions by givingthe Indonesian people a greater sharein the benefits of an expanding economy.

Indonesia's potential for economic development is great. There are largeareas of land that have not yet been developed agriculturally, and the islandsare rich in untapped mineral resourcessuch as petroleum, tin, and bauxite. An8-year plan for economic growth waslaunched in January 1961 as a blueprintfor Indonesian development.The United States has had an interest

in Indonesia from the very outset. TheUnited States played an important rolein helping Indonesia negotiate its freedom from Dutch rule, and it has continued to encourage the development ofa stable and democratic country. TheAmerican foreign aid program hashelped to strengthen the Indonesianeconomy and to improve the living conditions of its people. The two countrieshave established a long record of cooperation and friendship. On the occasion of the 18th anniversary of Indonesian independence, the United Statestakes the opportunity to express its desire to maintain close and cordial relations with Indonesia on a basis of mutual respect.

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Civil Right* Resolutions

EXTENSION OP REMARKSor

HON. ROBERT DOLEOP KANSAS

IN THE HOUSE OP REPRESENTATIVES

Thursday, August 15,1963

an assemblage and supports them fully; (c)prays that through such peaceful assemblagecitizens of all races may bring before theGovernment for appropriate and competentaction the critical and agonizing problemsposed to our Nation by racial discriminationin employment, in access to places of publicaccommodation, in political rights, in education, and housing.Resolved, That the House of Bishops of

the Protestant Episcopal Church commendsto all people the Presiding Bishop's letterdated Whitsunday 1963, as appropriate andhelpful in the present racial crisis; and thatwe support the Presiding Bishop in this wiseand timely expression of Christian leadership.

Mr. DOLE. Mr. Speaker, I am certainthe "Resolutions Adopted by the Houseof Bishops, Protestant Episcopal Church,Toronto, Ontario, August 12, 1963," willbe of interest to Members. These important resolutions were brought to myattention by the Rev. William E. Craig,director, St. Francis Boys' Home, Salinaand Ellsworth, Kans., who Is sincerelyconcerned with the rights and needs ofall minority groups.

Resolved, That the House of Bishops ofthe Protestant Episcopal Church urges theCongress of the United States to pass suchcivil rights legislation as shall fairly andeffectively implement both the establishedrights and the needs of all minority groupsin education, voting rights, housing, employment opportunities, and access to placesof public accommodation.

Resolved, Tliat the House of Bishops of/the Protestant Episcopal Church, mindfulof the Church Assembly to be held in Washington, D.C., on August 28, 1963, in cooperation with the March on Waslilngton for Jobsand Freedom, (a) recognizes not only theright of free citizens to peaceful assemblagefor the redress of grievances, but also thatparticipation in such an assemblage is aproper expression of Christian witness andobedience; - (b) welcomes the responsibledlscipleshlp which Impels many of our

. bishops, clergy, and laity to take part in such

Call to Political Duty

EXTENSION OF REMARKSOF

HON. FRED SCHWENGELOF IOWA

IN THE HOUSE OF REPRESENTATIVES

Thursday, August 15,1963Mr. SCHWENGEL. Mr. Speaker, in

his keynote speech to the workshopmeeting of the Republican Citizens Committee not long ago Gen. Dwight D.Eisenhower called strongly upon "political amateurs" to participate in politics.This call is well worth remembering andpondering for the vast majority of citizens who find it so much easier to sitback and do nothing and then complainbecause they are not governed as theywould like to be. History plainly indicates that democracies remain strongonly so long as their citizens remainactively interested in their governments.

Therefore, I call the attention of everycitizen to former President Eisenhower'sremarks in the article from the SaturdayEvening Post of August 10, 1963, whichfollows below:

' A Call to Political DutyAfter an illustrious career in public serv

ice, no one would criticize Gen. Dwight D.Elsenhower if he decided to take it easy inhis retirement. But the former Presidentseems to be going stronger than ever. Recently he has shown a zest for close politicalcombat unlike anything that he showed during his "active" career.

Not long ago a group of distinguished Republicans from all sections of the countrygathered at Hershey, Pa., for a workshopmeeting of the Republican Citizens Committee. General Eisenhower delivered thekejmote speech.

He let the New Frontier have it. Duty"requires that we caU the roll, clear andloud on the opposition's record," he said,"the sorry record that stands naked to behold, when the cunningly manipulated veneer of Imagery is peeled off. • • *For thesake of its future, the American electorate• » • should become fully aware of the political connivance that is a way of politicallife for those who avidly seek power at anycost—and having won it, reach out for moreand more."

The main thrust of General Eisenhower'sspeech was a call for massive participationby Republican-oriented citizens in the campaign of 1964. "I hope this town meetingis the forerunner of many, many more acrossthe country by different citizens' groups, allof which make their contribution towardthe growth of Republicanism," he said."Political 'amateurs,' " he added, "bring verse,sparkle and fresh ideas which perk up a

A5220 CONGRESSIONAL RECORD — APPENDI

political party the way a well-advertisedmedicine does tired blood. Many of today'sfinest public officials and party organizationleaders were yesterday's 'political amateurs.' "Tbe general speaks from experience. "Ded

icated nonprofesslonals," he said, "were toa considerable extent responsible for my decision In 1952 to enter the political arena."We heartily endorse General Eisenhower's

call for massive Eepublican citizen participation In the coming campaign. The so-called amateurs can give the party something that the tired party pros seem unableto supply—a renewed energy and a heftyinjection of idealism. Perhaps the "amateurs" will even uncover a Republican candidate who will give Jack Kennedy a run forhis money in 1964.

Trotters Shoals

EXTENSION OP REMARKSOP

HON. W. J. BRYAN DORNOP SOUTH CAROLINA

IN THE HOUSE OF REPRESENTATIVES

Thursday, August 15,1963Mr. DORN. Mr. Speaker, the textile

Industry is the leading industry m theCarolinas and Georgia. This great industry, the very backbone of our economy, must never become dependent uponthe Federal Government for its power.Another Federal Government dam atTrotter Shoals on the Savannah Riverwould give the Federal Government acomplete monopoly over that great river.If the Federal Government controls power and water, it will control people andtheir employment.The following editorial, is from the

August 3, 1963 issue of Southern TextileNews:

Private Versus Socialized PowerWith the textile industry's vital Interest in

taxes and electrical jiower, close watchshould be kept on propo-sals for Uncle Samto construct the Trotter Shoals Dam on theSavannah River In South Carolina ratherthan for private enterprise. This is not ofInterest Just to South Carolinians, hut hasfar-sweeping interests to all taxpayers.The pseudollberals. whatever party label

they wear, like to call themselves "The partywith a heart," or "The party of the people." This infers that conservatives areheartless and unconcerned with people. Butclose examination of the doctrine and programs of the* liberals often discloses that,either their heart is blind or they are moreinterested in power than people. This is illustrated in the Trotter Shoals project.As a matter of heart, the liberals argue

that all of the natural resources of the Nation "belong to all the people." This is theargument they use to Justify Federal construction of hydroelectric dams, notwithstanding the fact that Federal electricity issold at cutrate prices to only a favored fewof the people. Specifically, this is the argument behind Interior Secretary Udall's demand that Uncle Sam, rather than privateenterprise, construct the $78.7 million Trotter Shoals Dam, a project which would remove 22,000 acres of land from State andlocal tax rolls.

Would Federal construction of this damhelp "all the people?" Here is what is instore for this area (and other areas in time)if the Government does not build the dam:

1. The Mead Ck>rp. wUl employ 1,400workers In the construction of a $40 millionplant at the site which will create 650 per

manent Jobs. The plant will purchase $9million worth of pulpwood a year which willcreate another 1,850 jobs. The plant wUlpay $3.8 million a year in local. State andFederal taxes (not counting the taxes whichthe new workers will pay.)

2. Duke Power Co. will employ 1,000workers in the construction of an electricsteamplant at the site which will create 135permanent jobs. The steamplant (which willgenerate 24 times as much electricity as theFederai dam) wiii purchase $25 million worthof coai a year which will create more newjobs in the mining industry. The investor-owned steamplant wUl pay $13 million a yearin iocai. State, and Federal taxes.As a matter of "heart." which would do

more for the most people, the Federal Government or private enterprise?.

Is President Kennedy Afraid To Trust theAmerican People?

EXTENSION OF REMARKSOP

HON. BRUCE ALGEROP TEXAS

IN THE HOUSE OF REPRESENTATIVES

Wednesday, August 14,1963Mr. ALGER. Mr. Speaker, why does

President Kennedy refuse to trust theAmerican people? Why does he enterinto secret negotiations with Khrushchev? What has he promised Khrushchev? Who is calling the shots, ourPresident or the Soviet dictator?It is time the American people know

just what President Kennedy has inmind for them and what kind of countryhe intends to leave for our children. Thereports of secret agreements reachedwith IGu-ushchev should fill us with fearful foreboding.

It seems to me Congress should demand a full explanation to the questions raised in the following article fromthe Washington World of August 19,written by Robert S, Allen and PaulScott.Even Averell Harriman, famous for his

negotiations with the Russians, says ourgoals and theirs are absolutely irreconcilable. Therefore, any agreements acceptable to Khrushchev must be againstthe best interest of the United States.The article follows:

Kennedy and Khrushchev Much Closer onAgreement Than Statements Indicate(By Robert S. Allen and Paul Scott)

President Kennedy and Premier Khrushchev are much closer to a step-by-stepagreement on a nonagression pact betweenthe West and the Soviet block than theirpublic statements indicate.In fact, they already have reached an un

derstanding In their exchange of letters on aplan for a piecemeal approach to cope withthe opposition of West Germany and Prance.

SCHEDULE OP talks

Under this Kennedy-Khrushchev strategy,the following "escalator procedm-e" will bepursued In the "second round" of negotiations underway in Moscow:Exchange of military missions between the

North Atlantic Treaty Organization and theWarsaw Pact, the Iron Curtain militaryalliance.

Resumption of discussions on the securityof West Berlin and its access routes.A joint declaration to be signed by the

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14026 CONGRESSIONAL RECORD — SENATE August 13cally helpful effect on numerous mentally 111 people.I personally had reservations concern

ing the application of this program onIndian reservations. But on the sametrip we went into the largest Sioux Indian Reservation, and there we learnedagain how even a few "seedmen" volunteers can, with their good will, inspiration, and enthusiasm, perform practicalmeasures to help in the almost unbelievable poverty, in all departments, onIndian reservations.Our committee, which has dealt with

migratory labor problems, has seen overthe years how a few volunteei-s in migra-toi-y labor camps can do so much to bringa bit of needed education to the youngsters—and perhaps even to the adults.They can provide nursery day care forthe very young, and assist in state healthand sanitation projects also.I hope all Senators will have an op

portunity to look over the hearing record and note the imanimity of viewsacross the country of people with knowledge in the field of social problems.More than 50 organizations have enthusiastically endorsed the bill. They ai'eall listed in the hearings record andon pages 12 to 14 of the committee report.It is significant that those who are mostknowledgeable in social work have beenmost articulate and strong in their endorsement.Among the groups, church people are

prominent. They are hopeful that thelegislation will be passed, and that weshall be able to spark, through volunteers, an even greater community response to severe human needs and problems.Mr. JAVITS. Mr. President, will the

Senator yield further?The PRESIDING OFFICER (Mr.

Proxmire in the chair). Does the Senator yield?Mr. WILLIAMS of New Jersey. I am

happy to yield.Mr. JAVITS. I join the Senator in

the sentiments he has expressed, if thebill is enacted into law, I hope the President, in considering the appointment ofa Director for the National ServiceCorps, will keep in mind the very excellent example of completely nonpartisanleadership—as high minded as that ofthose who seiwe—which has been soheavily responsible, in my opinion, forthe success of the Peace Corps.I thank my colleague.

CIVIL RIGHTS—ADDITIONAL 'COSPONSORS OF BILLS

Mr. MORSE. Mr. President, will theSenator yield?Mr. WILLIAMS of New Jersey. I am

lappy to yield.Mr. MORSE. Mr. President, I ask

unanimous consent that the name of theISenator from New York [Mr. Javits]

» may be added as a cosponsor of S. 1665,I to require that all State or local pro-r grams supported with Federal funds1 shall be administered and executed with-\out regard to the race or color of the\participants and beneficiaries, which X

*' introduced on Jime 4.

The PRESIDING OFFICER. Withoutobjection, it is so ordered.Mr. MORSE. Mr. President, I ask

unanimous consent that the name of theSenator from Vermont [Mr. Prouty]may be added as a cosponsor of S. 1801,to effectuate the provisions of the sixthamendment of the U.S. Constitution requiring that defendants in criminal casesbe given the right to a speedy trial; andS. 1802, to protect the integrity of thecom-t and juiT functions in criminalcases, which I introduced on June 26.The PRESIDING OFFICER. Without

objection, it is so ordered.Mr. MORSE. Mr. President, although

all these bills have been printed, thenames of the additional cosponsors willbe included at the next printing.Mr. JAVITS. Mr. President, will the

Senator yield?Mr. WILLIAMS of New Jersey. I yield.Mr. JAVITS. The Senator from Ore

gon has joined me in his bUl to preventFederal funds from being utilized forState programs which are segi'egated. Iwould like to say a word on the subject,because it is becoming quite a raging Issue. I have joined the Senator fromOregon on his bUl, just as I joined mycolleague [Mr. ICeating] on his amendment to the omnibus civil rights billalong these lines, because I feel verydeeply that the only hope for civil rightslegislation is in bipartisanship; and Iwant to do everything' I humanly can todemonstrate by act and deed my deepfeeling on that score.■ Neither side alone has the votes to passcivil rights legislation. In my opinion, itis a fact that, in every way open to us,we shall need to keep this bipartisancoalition together so that we may ultimately get somewhere.I hope very much—and I know how

the Senator from Oregon feels about this,but I am putting it in words—that allMembers on both sides of the aisle willkeep very clearly in mind that this is aburning issue on the domestic scene—asburning an issue as is nuclear testing onthe international scene. The only waywe are going to get anjrwhere Is by keeping the goal very clear. Call it nonpar-itisan or bipartisan, the fact is thatI neither side alone has the votes, and wejmust be together on the issue.

Mr. MORSE. Mr. President, wiU theSenator from New Jersey yield to me amoment?Mr. WILLIAMS of New Jersey. I yield.Mr. MORSE. In connection with what

the Senator from New York has said. Itis an honor to be associated with him inhis advocacy of civil rights legislation. Iknow of no peer of the Senator from NewYork in the civil rights legislation field.But I would have my colleagues take noteof the fact that what my bill seeks to accomplish is to prevent the Federal Government from violating the law. If oneof us were to ask a Senator to join himin an illegal act, the Senator who was

» asked would look askance and be horrorstricken. But Members of this body,every time they vote for Federal fundsfor projects Involving segi'egation, in myopinion, are guilty of perpetrating an illegal act, for 9 years ago the Supreme

Court declared segregation to be unconstitutional, and therefore illegal. Yet wesit here in the Senate, on bill after bill,and vote millions of dollars of Federaltaxpayers to continue an illegality. It isabout time that we put Members of theSenate on the spot, and the senior Senator from Oregon intends to do it. Heintends to go from coast to coast to callthe roll of Members of the Senate whocontinue to vote to expend illegally Federal taxpayers' money and who continuean unconstitutional act on the part ofthe Congress.Members will not be asked to vote on

this issue program by program, but onthe whole broad issue of funds going intosegregated programs and activities.

This issue is becoming one on whichwe can no longer do any dillydallying.The issue is whether or not the Congresswill keep faith with its right hand whenits Members take the oath in this bodyto uphold the law. We cannot justifythe appropriation of moneys for the continuation of Federal projects in whichthere is segregation. Let the peoplespeak in respect to the rollcall that willbe made in the Morse bill and similarproposals that seek to bring to an endthe illegality that now exists in this country and that has characterized the ti-eat-ment of civil rights in Federal programs.As the Senator from New York has'

heard me say before, the time has comefor the white people of America to deliver the Constitution of the United Statesto the colored people of America; and Ido not intend any longer to sit here andpermit politicians to get by with whatthey have been getting by for years in theSenate and covering it with the alibi,when they get back home, "It is the bestwe could do."I will tell Senators what the best we can

do is. It is to act in accordance with thelaw; and the Supreme Court has madeperfectly clear that segi-egation is unconstitutional. I intend to do what Ican to take that record across this Republic in the months ahead, before theelection of 1964. I do not care whethera Senator is a Republican or a Democrat—he ought to be beaten for reelection in 1964—others will be up forreelection in 1966 and others in 1968—ifhe does not uphold the law as laid downby the Supreme Court.Mr. JAVITS. Mr. President, if the

Senator will yield, I have done preciselythat, as recently as last Wednesday inconnection with the Labor-HEW appropriations bill. The reason I made thecomment about bipartisanship is that Ihad the feeling that Members of Congress, when they vote, have an idea thatparty loyalty requires them to stand bythe administration—it might have happened just as well on om- side of the aisleif , our party were in the majority—andthat they have to stand by and vote totable this kind of amendment.I think the Senator from Oregon has,

with his eloquence and warmth, highlighted what I have tried to do, but whichI am delighted to join him in highlighting—^the fact that, of all the things donein the racial field, with all the fuel addedto the fire, this is the worst. It is incon-

1

1963 CONGRESSIONAL RECORD — SENATE 14025

'A

I''**'

lar workers or duplicate or replace an existing service in the same locality.

The Service Corps will be a meanswhereby the local community can drawon the knowledge and skills of the entireNation. But the progragm is designedso that these trained volunteers willwork with a community, in a programdeveloped by the commimity it self. Agi'eat deal of careful study has gone intothis program. More than 50 ideas forprojects were submitted to the President's Study Group on a National Service Corps by various State and local,public and private organizationsthroughout the Nation. Twelve of thesesuggested projects are outlined in detailin the hearing record. A glance at theseprojects will show the very practical workthat corpsmen would be doing. On anIndian reservation, they could act as instructors for self-help housing programs,run nursery schools and clinics; m ahospital for the mentally retarded theywould help regular personnel as teachersaids and recreational aids; workingwith migrants, they wouid give basiceducation to adults and vocational guidance to the youngsters.

It is Important to remember that theseprojects are not the brain children of abureaucratic planner. They were workedout by men and women of wide experience who know the help that trained

|v. volunteers can be to them m tacklingIC the problems of a community.

Mr. President, there are many Americans, yormg and old, who are anxiousand able to help our less fortunate citizens. The Corps will draw not only upon enthusiasm of our young people, butupon the wisdom and experience of retired persons. There are a vast numberof people both young and old ready tohelp if given a way.

Obviously, 5,000 men and women cannot solve all the age-old problems ofhuman suffering. But their examplewill have an effect far beyond their number. If every corpsman inspires 10others to work in their own hometowns,or to join the helping professions, thecost of this program will have repaid itself 10 times over.

I know that the dedicated work of theSeiwlce Corps volunteers will show thatour material success has not blinded usto the sufferings of others. This program will be a true expression of theideals which have made this Nationgreat.

The pi'oposed legislation has been considered as carefully as any measure withwhich I have been associated. I am surethat Senators are familiar with its genesis and the steps that have been takenin developing the program to the pointwhere it is now under general debate inthe Senate. In first addressing himselfto this noble project, the President calledupon members of his Cabinet to developpolicy for it. The Cabinet members soselected chose from their departmentspersons of great talent to undertake thestaff work that is necessary to insui'ethat the noble idea would not be emotionalized, but would become hard, tough,and practical in its development. Thatstudy group, while small in number, was

uniquely dedicated to this cause. Oncecreated, the study group has developedideas which were embodied in the legislation that came to the Senate. Tliemeasure was referred to the Committeeon Labor and Public Welfare, and assigned to the Subcommittee on MigratoryLabor for further legislative action.

Mr. JAVITS. Mr. President, will theSenator yield?

Mr. WILLIAMS of New Jersey. Iyield.

Mr. JAVITS. I am a cosponsor ofthis particular measure. I believe itrepresents an effort to translate theidealism which has been so prominentin the Peace Corps and which has workedso well abroad to the domestic serviceof the United States. I am satisfied, too,that the scheme which is proposed to theCongress parallels, as far as is practical,the successful pattern evolved in respectof the Peace Corps, which I believe isone of the more successful initiatives ofthe United States in the employment, inits foreign aid and foreign developmentefforts, of the idealism, skill, and interest of young Americans. There is anample number of projects which canprofit greatly from the dedication whichthe National Service Corps wiU inspire.

I feel, too, that it wiU be a veiT important channel through which volunteer services of young and old alike maygo into areas—many of which have beendescribed—of want, need, illness, andunderprivilege, which are enclaves ofbackwardness in teinis of economic advance, such as the areas of migratoiTfarm workers. There the volunteers canbe of great benefit.

I am very much for the bill. I am acosponsor, as I said.

I have only two reservations, Mr.President.

I think perhaps, if we needed a description of what is being done, thewords "practical idealism" would describe it. I hope very much that thepractical idealism which is representedin the National Service Corps will not bemarred by asking the dedicated peoplewho will be involved to seiwe in establishments or institutions which follow apractice of racial segregation.

This is something about which I expressed my deep concern in the committee. It is something which is the subjectof an amendment I have had printed,which is on the desk.

I realize that the argument can bemade that those who are afBicted shouldreceive help, and that this should be thecase even if they are afflicted in a segregated institution. But I think thetemper of the times is such that we ai'eengaged in a struggle in which theremust be some casualties, and those whoare the subjects of segi'egation are thereadiest to accept the "casualty" of beingunable to obtain the ministrations of theNational Service Corps when there is apattern of racial segregation.

I hope very much that some way maybe found of workhig out what it seemsto me would be so opposite to the patriotic dedication which is represented bythe Corps.

The other subject to which I hope mycolleagues in the Senate will give a little

thought is the possibility that we aredealing domestically—not abroad, as wedid with the Peace Corps—with ananalogy to the National Guard and theROTC. We could allow States to imder-take some of the responsibility for training corpsmen and using them within therespective States. I have prepared anamendment upon that score.

I hope to hear the discussion in respectto the bill, to determine whether there isa sufficient amount of interest in the Senate, since the amendment was tiu'neddown in the committee, to justify myoffering the amendment. I think theplan is a very sound one, to allow Statesto participate in the process of selectionand training, and to allow them to retain the trainees within the States, atthe same time maintaining the cachet ofthis elite corp, the National ServiceCorps, exactly as we do with respect toNational Guard officers and .men as theyrelate to the military forces of the Nation.

The advantage would be that we wouldstimulate a great increase In the number of people who could be trained, thespeed of their training, and the speed oftheir utilization, and we could invokeState as well as national pride in respect to the trainees.

So, with those two reservations, Mr.President, which I have described— which are not, in my opinion, reservations in any way to change the qualityand character of the plan—^havingproved the validity of the idea in termsof hisptration to youth and in terms ofits usefulness to those it serves throughthe Peace Corps, I believe we have arrived at the point where the NationalService Corps is the next logical step interms of undertaking to give our youthan opportunity to show their dedicationand their idealism.I am grateful to my colleague for

yielding. I am confident that by thetime the vote occurs on the bUl we shallhave completely closed ranks in full support of it.

Mr. WILLIAMS of New Jersey. Mr.Pi-esident, I am grateful, indeed, forthose comments by the senior Senatorfrom New York. I am grateful also forhis strong support of the proposed legislation, his sponsorship of it, and thecontributions he made in the committeedeliberations.

As the Senator knows, after the billwas drafted 24 Members of the Senatejoined in cosponsorship of the proposedlegislation.

The subcommittee which received thebill held 9 days of hearings. The recordis most complete. Not only did the subcommittee hold foi-mal hearings in theCapitol, but also members of the subcommittee, together with members of acommittee fi'om the House of Representatives, went on a field trip, to see forthemselves how the program could beuseful in certain areas. I am sure thatMembers of Congress who went on thetrip wiU never forget the experiences wehad at Osawatomie State Mental Hospital in the State of Kansas and how,beyond question, it was proved to us thateven one volunteer can have a di-amati-

• \ ,I'v.' '

r1963 CONGRESSIONAL RECORD — APPENDIX A5239

The letter follows:Economic Aid ANiLTZED: UJS. Goods and

Sebvices Account foe 90 Percent, BellSays

To the Editor op the New York Times:

Some of your readers might have dra-incorrect Inferences from figures you pubylished in section IV of your July 21 editiiregarding the relationship of economicto the balance of payments of the UnitesStates.

You showed "economic aid" as a debit inthe U.S. balance of payments for 1962amounting to $3.5 billion—in a year in whichthe total deficit was $2.3 bUlion. An unwaryreader could easily have drawn the Inferencethat all we need to do to remove the deficitwould be to cut "economic aid" by $2.3billion.

Such an action would of course be ineffective. "Economic aid" as shown in your figures Includes the outflow of surplus agricultural commodities under Public Law 480(about $1.3 billion In 1962), plus the outflowof goods and services—and dollars—financedby loans and grants under our foreign aid.With the policies that are now in effect,

more than 90 percent of total "economic aid"represents U.S. goods and services—not dollaroutflow. Under these circumstances, a cutIn congressional appropriations would principally reduce U.S. exports—without affecting the balance-of-payments deficit substantially.

EFFECT OF CUTS ON EXPORTS

Recognizing the difficulty of estimatingprecisely the effects of a change in a singlefactor in the balance of payments, it can bosaid as a rough approximation that a one-billion-dollar cut in "economic aid" would

reduce U.S. exports by $900 million and thedeficit in the balance of payments by $100million. (If the hypothetical cut were assumed to affect what is ordinarily calledforeign aid—and not to affect Public Law480 and the Export-Import Bank—the proportions would be about $800 million reduction in U.S. exports, and $200 million in theU.S. balance-of-payments deficit.)The conclusion is clear. Under present

policies, with economic and military assistance to other countries almost entirely taking the form of U.S. goods and services, almost no gain to the balance-of-paimentsdeficit can be achieved by reducing ourforeign aid programs! Moreover, a foreignaid cut made on the mistaken assumptionit would have a major impact on our payments deficit would instead serve chiefly toreduce U.S.-produced goods and servicespurchased for use abroad.I should also like to point out the positive

gains to the United States from the establishment of progressive, growing economiesabroad—which is the main purposes of oureconomic assistance. UB. exports to theMarshall Plan countries more than doubled

from 1953 to 1962

///The Job of Ending Job Discrimination^EXTENSION OP REMARKS

Thursday, August 15,1963

Mr. RYAN of New York. Mr. Speaker,the elimination of discrimination in employment is crucial to the civil rightsbattle. Until there is equality of job opportunity for all our citizens, full equality cannot be realized. A major barrierhas been discrimination in the apprenticeship programs for skilled jobs. Theworker of the future must be a skilledworker, and the Negro has been hm't inhis search for a job because he is often,too often, unskilled. John P. Henning,Under Secretary of Labor and ManpowerAdministrator for the Department ofLabor has written a searching statementof the problems facing Government apprenticeship programs which appearedin the July 1963 issue of the AmericanFederationist, the ofBcial monthly of theAPIj-CIO. I wish to bring his article tothe attention of my colleagues:

Expanding Apprenticeship for AllAmericans

(By John P. Henning)American Negro demands for fair employ

ment have turned sharply to a precise areaof dispute: apprenticeship training.The new emphasis Is hardly surprising.

Skilled Journeymen are the Income elite ofmanual labor. They look to a brighteningfuture. All responsible projections of U.S.labor force needs cite the continuing callfor skilled labor and the declining proportions of unskilled work.Back In 1957 the U.S. Department of Labor

Issued Its now historic projections of thelabor force requirements of the 1960's. Thestudy estimated that In 1970 America willneed 42 percent more professional and technical workers than In 1960, 24 percent moresales and service personnel, 22 percent moreskilled workers, and 18 percent more semiskilled. The percentage of the unskilled willbe down.The prophecy presumes a full employment

economy In 1970. Without economic growth,both skilled and unskilled will suffer. Butnot alike. For example, during the past5 years, the national unemployment ratehas approximated a disturbingly high 5.5.percent, but In this period the Jobless rateamong the unskilled has been at least twicethat of the skilled. Whatever the course ofthe economy, the days of the unskilled appearnumbered.JLong ago Benjamin Franklin observed thathe who hath a trade hath an estate. The difficulty Is that he who rath a trade usuallyhath a white skin

our economic aid goes today, aq in w-onr-un>o iaid-financedtU.S. exports are finding acceptance and be

coming familiar to consumers—which willenhance our normal commercial export markets In the future as those countries Increasetheir Incomes and their International purchasing power.

David E. Bell,Administrator, Agency for International

Development.

The tripartite forces of labor, management,and Government shape the character of "apprenticeship training. But the shape of

\ things does not satisfy any American sensl-op \ tlve to the demands of democracy.

UGM nriTYlAIUI UITTC DVAM \ Federal responsibility came to apprentlce-llUIN. WILLIAIVI rlllo KlAW l ship with the adoption of the Fitzgerald ActOF NEW YORK | If 1937.

m HOVS.. of KEPBESKFTAllVFS I 5agement apprenticeship programs. The Government role has been noncontrolllng In thatactual on-the-Job training has been directedby the employer, usually under union-negotiated conditions.The Government role has been significant

in that the U.S. Department of Labor and theseveral State apprenticeship agencies fixminimum standards for program registration. Registration entitles apprentices In approved programs to employment on Federalpublic works projects and assures approvedprograms of the services of the Labor Department's Bureau of Apprenticeship andTraining or the services of the pertinentState agency. Historically, Federal registration of programs has applied alike to Statesponsored as well as federally directed programs.

Thirty States manage their own apprenticeship agencies. In the remaining 20, theFederal Government alone sponsors andguides apprenticeship.

Civil rights spokesmen long have held theIdea that Federal registration should be de-"nled any program stained by ethnic discrimination. AFL-CIO President GeorgeMeany agrees. Meany backed a 1961 attemptto write such a denial Into Federal law.Meany noted, however, that discriminationIn apprenticeship is only part of total Jobdiscrimination. He urged enactment of aNational Fair Employment Practices Act withfull powers of enforcement.But the Immediate question Is, What can

be realized in the absence of a national FEPlaw?In July 1961, then Secretary of Labor

Arthur Goldberg announced the Departmentof Labor would thereafter require the Inclusion of a specific nondiscrlmination statement In all apprenticeship standards of firmshandling Government contracts. He furtherdeclared a slmlllar provision would be required In the registration of any new apprenticeship program regardless of Its relationship to Federal works.Labor Department action did not die with

the Goldberg pronouncement. The following achievements merit attention:

I. Within the past year, the Bureau of Apprenticeship and Training assigned fourminority consultants to the task of openingopportunities to Negroes and other minoritypeoples. Now located In Washington, NewYork, Chicago, and San Francisco, theycounsel with employers. Joint apprenticeshipcommittees and unions on a regional basisto encourage acceptance of qualified minorityapplicants. Additionally, they advise minority groups on apprenticeship fundamentalsand admission processes.

II. Secretary of Labor W. Wlllard Wirtzon February 27,1963, announced the appointment of a National Advisory Committee onEqual Opportunity in -Apprenticeship andTraining. The Committee consists of 15members; 4 from management, from labor,5 from minority organizations, and 2 fromthe public.The Advisory Conunittee held its first meet

ing In Washington on May 14 under the chairmanship of the Under Secretaiy of Labor.The committee developed a five-point actionprogram:

As in Franklin's time, the one certain roado Journeyman training is the apprenticeshipsystem. To some the road seems a narrow,twisted trail, bordered by bigotry and privilege. Whatever Its hazards, more than150,000 young Americans today are found Inregistered apprenticeship programs.The average apprenticeship embraces 4

years of on-the-Job training and normallyentails 144 hours of related classroom Instruction a year.

A5240 CONGRESSIONAL RECORD — APPENDIX August 151. The establishment of apprenticeship In

formation centers In certain critical citiesthroughout the Nation.

2. The fostering of apprenticeship Information centers through State apprenticeshipcouncils wherever feasible.

3. The creation of research programs tomeasure the present depth of minority participation In apprenticeship programs.

4. The Implementation of present antidiscrimination provisions In apprenticeshipprograms registered with the U.S. Department of Labor.

5. The consideration of preapprentlceshipprograms for the training of young workersnot qualified for admission to apprenticeship programs.

III. The Department of Labor, In cooperation with the District of Columbia Apprenticeship Council, the District of ColumbiaCommissioners and school authorities, theU.S. Employment Service, labor and management, opened its first Apprenticeship Information Center on .June 17 in the Nation'sCapital.The Information Center, which the De

partment proposes to extend throughout theNation, offers young apprenticeship applicants personal and group counseling, aptitude testing. Information on educational requirements and related data pertaining toDistrict apprenticeship programs. It alsooffers an orderly system of referral to Jointapprenticeship committees and serves as apoint of contact for unions, employers, andminority groups.The values of the Information Center are

Intended for all young Americans, whatevertheir race, color, creed, or national origin.But the Center should be of particular valueto Negroes and other minorities from whomthe knowledge of admission procedures andrequirements often has been withheld.IV. Secretary of Labor Wirtz Issued a di

rective to all Joint apprenticeship committees of the District of Columbia June 5, 1963,on the discrimination crisis in the Districtjurisdiction. The Secretary listed the following requirements for programs hoping toenjoy Federal registration rights:

1. If apprentices are not selected by amerit system alone, selections must bemade In a manner that demonstrates equality of opportimlty.

2. 'Waiting lists which reflect previous discriminatory practices must be subjected towhatever action Is necessa^ to offset suchdiscrimination.V. President Kennedy on June 4, 1963, di

rected the Secretary of Labor to require that"admission of young workers to apprenticeship programs be on a completely nondls-crlminatory basis."

VI. Following Secretary Wlrtz' order ofJune 11, 1963, the Bureau of Apprenticeshipbegan a 50-clty check of Negro apprenticeship participation In Federal constructionprojects.The varied activities here cited Indicate

the commitment of the Kennedy administration to equaltly of opportunity In apprenticeship.The President held a national conference

with 300 labor officials at the White HouseJune 13 In which he called for the end ofjob discrimination at every level of unionJurisdiction. This was one of a number ofconferences on civil rights held with businessmen, educators, clergymen, and lawyers.However, the President noted that genuine

equality of opportunity could be meaningful only In a full employment economy.

National morality and the times willpermit nothing less than fuU job equality,but without full employment this meanssharing Job scarcity regardless of race, color,creed or national origin. Job equality mustmean sharing the boimty, not the scarcityof national life. But apprenticeship at Itsfullest woiUd hardly have the capacity tosolve youth unemployment. The problem isbeyond that.

During the calendar year 1962, teenage unemployment averaged 13 percent against anoverall national figure of 5.6 percent. During 1962 the average teenage unemploymenttotal was 816,000 workers.Between 1957 and 1962 the total number

of registered apprentices in training averaged 150,000.Apprentices in training today average only

3 percent of the 5,077,000 teenage workersIn the U.S. labor force. Of the teenage total,3,017,000 are male.The apprenticeship solution assumes even

less promise when plctiued against a 50-percent mortality rate. The consistent national experience suggests that only one-halfof those now in training will know journeyman status.

The proportionate place of apprenticeshipmust also be seen in the perspective of theawesome burdens the American economy willconfront in the 1960's.The U.S. Department of Labor tells that

the economy must provide 34,5 million newJobs in the lOOO'a to match tlie demands ofpopulation growth and technological change.The labor force will realize a net Increase

of 12.5 million through population expansion. 'fills Involves an Increase of 20 million young workers. Death and the retirement of older workers will determine the12.5 million net figure.The technological impact will be greater.

The Labor Department estimates the annualrate of productivity Increase will be about3 percent throughout the 1960's. This meansthe output per man-hour will Jump about3 percent each year. The Job displacementstatistics become frightening when the 3percent productivity rate Is applied to anannual average employment figure of 74 million workers. For the 1960's this means theeconomy must provide 2.2 million new Jobseach year to care for technological progress.The decade's demand will be 22 million Jobs.The statistics ai'e germane because ap

prenticeship, unlike vocational education, always has been a Job-related training system. Unless employers determine to hireapprentices there Is no apprenticeship system. Further, unions relate the number ofadmitted apprentices to the number of employed Journeymen.Given full employment, apprenticeship

could come to Its greatness.But. at this hour, the immediate crisis

of apprenticeship discrimination plagues thenational conscience and cries for action.The Kennedy administration reforms must

succeed. There Is hope and precedent Inthe experience of California.Pour years ago Gov. Edmund G. Brown

named apprenticeship bigotry a specialevil and called for remedies. Adoptionof an FEP law in 1959 helped greatly butwas not quite enough. The subtleties ofapprenticeship bias often escape FEP enforcement.

California's plan has won national praise.It features (1) statewide and local committees on apprenticeship opportimlties formembers of minority groups; (2) local apprentice Information centers for making vital data available to high-school studentsand graduates.The statewide opportunities committee

was founded In 1960. It Is comprised, likethe National Advisory Committee, of labor,management and minority group representatives and Includes Government spokesmen.

Tlie California committee last year developed two precedent-smashing surveys of thedepth of discrimination.The Initial study approached the ethnic

identity of the more than 20,000 apprenticesreceiving training In California. The second involved an ethnic sampling of journeymen who completed their apprentice training in 1955.The first survey, based on a one-third re

turn of questionnaires, revealed the startling evidence that there were 283 American

Indians participating In California apprenticeship programs as against 150 Negroes.Mexican-Americans numbered 521, Japanese-Americans 31 and Chinese-Americans 18.The findings suggest that Negroes number

just a bit more than 2 percent of California's apprentices. In the Federal census of1960, Negroes formed 5.8 percent of the totalState population and 4,7 percent of theState's male labor force.The State committee data on minority

representation among journeymen certifiedIn 1955 also are revealing.A one-fourth return of Inquiries pegged

'Negro participation at 1.5 percent.The Journeymen survey indicates the re

warding nature of skilled employment.Seventy-two percent of the graduate apprentices were earning $7,000 or more a year,while 52.4 percent were earning over $8,000per annum. Only 11.2 percent were earningless than $6,000 per year.

Ninety percent were enjoying full employment on a yearly basis.Both BurvcyB connrm the skilled labor

problem of the Negro. But the totals do notnecessarily prove discrimination. For example, in certain survey areas Negroes hadrarely, 11 over, applied for apprcntloenhip atl-mission. The failure could represent eitherresignation to bias or the absence of trainingqualifications.

Traditionally, Negroes have been the par-'tlcular victims-of hasty and frequently Indifferent counseling In the high school systems. In California's soaring school population, a senior student is fortunate If hereceives 1 hour of personal counseling Inhis final year. This obtains for any studentwhatever his race or skin. The nationalpractice Is scarcely different.Each year thousands of young Americans

emerge from the secondary schools withoutany sense of occupational direction. Adequate high school counseling would be ofparticular benefit to the children of Negrofamilies recently removed from the agrarianSouth. These young people suffer the samelack of skilled labor tradition as did most ofthe 19th century European immigrants whopoured Into America searching for freedomand opportunity.But where Immigrant Europeans could

seek manual labor In coal and steel andmaritime employment, today's young Negrofaces a labor market In which there is littlefuture for the unskilled.Not only because of discrimination but

also because of lack of skills, Negro unemployment is consistently twice the overallnational average. In the calendar year 1962the rate of unemployment among Negroeswas 11 percent against a national averageof 5.6 percent. Negroes represent 11 percentof all American workers but represent 22percent of all unemployed.As Indicated earlier, economic growth Is

the first requisite of full employment In the1960's, the full employment that will giveJob opportunity to all Americans.Economic growth, however, will not find

employment for the unskilled.America needs an active labor market

policy to accompany the fiscal and monetary policies of growth. An active labormai'ket policy would directly answer thetraining needs of the U.S. labor force. Therate of unemployment among unskilledworkers In the calendar year 1962 was 12percent against the national average of 5.6percent.An active labor market policy also would

end racial and ethnic discrimination In employment.But it would do more than that. It would

also achieve these ambitions:

1. An updated labor market Informationservice for workers and employers.

2. An employment service warning system for Impending technological changesand other changes causing serious Job displacement.

t

\

1963 CONGRESSIONAL RECORD — APPENDIX A5241

3. An effective informational service forcareer gnidance and counseling.4. An educational system, vocational as

well as academic, which would answer current and upcoming manpower needs.

5. An expanded apprenticeship trainingprogram.6. An improved system of Job placement

services.

7. A program for aiding the mobility ofworkers.In summary, it is obvious that Negro dis

crimination in apprenticeship has its uniqueand general features. The Negro suffers because of his skin. But he suffers also because he often is an unskilled worker in aneconomy which has limited place for theunskilled, rinally, he suffers because he isa worker in a society which has not yetfound the way to full employment.The issue of employment discrimination

is not peculiar to apprenticeship. It willhe found everywhere, including the banking, insurance, and newspaper worlds. Itwill be found in the professions and thereligions of America. Indeed, discrimination is often strongest in sectors of nonunion employment.American labor must persist in its efforts

to realize full employment and the abolition of the last measure of job discrimination. The efforts must reach to the Statecouncils, local councils, and local unions.The matter is moral. For more than 100

years labor has served as the social conscience of the Nation. ' Unpurchased andunafraid, it has led the everlasting struggleto attain a society in which bread, security,and freedom shall be the right of all Americans whatever their racial, religious, orethnic identity.Labor holds priceless credentials of sacri

fice and struggle. It must use these credentials now as mortal conflict shakes the Nation, The honor and duty of ieadershiprest with the trade union movement.

exchange views with the special toady of Mr.Khrushchev in Budapest?Can anyone actually believe that 7 years

after the Budapest bloodbath, the regimeensconced at the point of victorious Russianbayonets is now the legitimate representativeof the Hungarian people?

If this American palliative to the touchySoviet sensibilities over their wretched rolein Eastern Europe is to be typical of ourmoves to ease tensions, we would prefer toreturn to the cold war.

Diplomatic Relations With a Quisling

EXTENSION OF REMARKSOF

HON. EDWARD J. DERWINSKIOF ILLINOIS

IN THE HOUSE OP REPRESENTATIVES

Thursday, August 15,1963

Mr. DERWINSKI. Mr. Speaker, oneof the proofs of retreat of the appeasement-minded dreamers of the NewFrontier is their handling of the Soviet-imposed Eastern European Red govem-ments.The St. Louis Globe-Democrat, in an

editorial on Monday, August 12, veryconcisely discusses our relations withHungary, and under unanimous consent,I insert it into the Record at this point:

Diplomatic Relations With a Quisling

As was widely predicted, the United StatesIs seeking to resume full diplomatic relationswith the Hungarian regime. Readers willrecall that diplomatic ties were curtailedduring the 1956 revolution against Sovietcontrol.

The loss of that revolution yoked the Hungarians with a quisling regime run by thetraitor, Janos Kadar, the liaison man withthe Soviet tank commanders who decimatedhis people.Doubtless, the new American move will be

hailed by those who seek to avoid Irritantsin our relations with the Soviets. But whatin the name of diplomacy do we have togain by sending an American minister to

The Legacy of Project Mercury

EXTENSION OF REMARKSOP

HON. CHARLES H. WILSONOF CALIFORNIA

IN THE HOUSE OF REPRESENTATIVES

Thursday, August 15,1963

Mr. CHARLES H. WILSON. Mr.Speaker, one of the companies activelyengaged in the conquest of space is theGarrett Corp. of Los Angeles. Thiscompany employs more than 10,000skilled personnel and produced the important environmental control system(ECS) for Project Mercury.In the Spring issue of New Frontiers,

a Garrett publication, an article dealingwith the aspects of both the ProjectMercury program and the Project Gemini program has caught my interest. Iknow many Members of the House areconstantly searching for more information on the race to the Moon, and I therefore bring this article to the attentionof iny colleagues.The article is as follows: ,

The Legacy of Project Mercury

(By John W. Bold)He was the last to go. Shepard, Grlssom,

Glenn, Carpenter, and Schlrra already hadexperienced the tense countdown, the surgeof rocketing Into space, the exhlllratkm ofweightlessness and the security of recovery.But Gordon Cooper's 22-orblt flight was thelongest and most precise.His was, for 29 hours, a textbook flight.

But In the last few hours the NASA-McDonnell team used "all the pages In the book."In the last few minutes, an electrical problemforced the youngest astonaut to carefullyposition his spacecraft, fire the retro rocketsand guide his Faith 7 spacecraft downtlu-ough the atmosphere—all by hand. Hecompleted his long 34-hour, 600,000-mileflight without the aid of automatic equipment.

It was a suspenseful epilogue to the 4 yearsaga of Project Mercury. Shepai-d's flightwas the daring first. Grlssom confirmed dataand prepared us for an orbital mission.Carpenter's took a breathless "month" ofminutes before recovery was accomplishedIn the Atlantic. Astronaut Glenn's was a"real fireball." Schlrra flew the first "textbook" flight. All six, each In his way, contributed new data, new drama, to the storyof manned space flight, told In an unprecedented frankness by NASA's Manned Spacecraft Center.

But now Is the time for reti-ospectlon. Thehighly successful Project Mercury programhas ended. During this 5-year program, whathave we learned? What new theories haveevolved from this Nation's first manned spaceprogram? What new engineering conceptswll help us In future spacecraft developmentwork? In particular, what have we learned

from Project Mercury that will aid us inProject Gemini?An Insight Into the answers to these ques

tions can be gained at Garrett-AiResearch,which produced the vital environmental control system (ECS) for Project Mercury, undercontract to McDonnell Aircraft Co.It Is now developing a similar system forProject Gemini, again under a McDonnellcontract. Both programs are under the technical direction of NASA's Manned SpacecraftCenter.

Naturally, the experience of both companies gained In Project Mercury transcendsInto the Gemini program. "Experience Is thebest schoolmaster, and It has taught us agreat deal," reflects R. C. "Dick" Nelson, Al-Research's program manager for the ProjectGemini environmental control system. "Atan early meeting at McDonnell," he recalls,"we were able to sit down and quickly determine and analyze problem areas. Immediately we foresaw changes in the ECSwhich would be necessary because of changesin the mission profile and what we learnedfrom Mercury."From our point of view," Nelson believes,

"there's one important thing we've learnedfrom Mercury. That's about the man. Hehas shown that a well trained 'test pilot,'who can think and act Is more desirable thanthe most sophisticated, automatic equipmentyet designed.""As a result," Nelson continues, "the

Gemini environmental control system willhave less automatic control more manualoperation. By reducing the complexity ofthe system we will Increase reliability. Sincethe Gemini astronauts will have 'time ontheir hands' to think and act during their2 week mission, less automation Is required."(Following Gordon Cooper's flight, Walter

C. Williams, associate director for NASA'sManned Spacecraft Center, told tlie press thatif a man were not aboard the Faith 7 hedoubted If It could have reentered and beenrecovered.)In Project Gemini, man's requirements

will be basically the same. Thus the function of the ECS remains unchanged—to provide two astronauts a safe and comfortableatmosphere for 2 weeks In space.The system will provide fresh oxygen, cabin

and suit pressurlzatlon, thermal control, water management and toxic gas removal. Toaccomplish these functions, the Gemini ECScan be grouped Into the following functions;the loop, or circuit, for suit cooling and pressurlzatlon; the cabin loop for cooling andpressurlzatlon: the fresh oxygen supply—primary secondary, and emergency egress;the water management loop; the coolantloop. The egress oxygen supply Is part ofthe launch abort system, similar to aircrafttype ejection seats. It will be used In GeminiIn lieu of the escape tower system which wasused In Project Mercury.

Tlie learning curve which "lifted off thepad" with Merctuy has dictated some changesin the Gemini system as compared to Mercury.

Nelson lists seven areas In which Mercuryexperience has resulted In improvements:

1. Coolant subsystems and thermal regulation.

2. Pressure regulation.3. Moisture removal.4. Suit compressors.5. System geometry and installation.6. Testing.7. Reliability.In addition, the longer mission profile has

resulted In new concepts in the followingareas;

1. Oxygen supplies.2. Heat transfer equipment.3. Power supplies.4. System servicing.5. Water management.\

A5242 CONGRESSIONAL RECORD — APPENDIX August 15For oxygen storage, a different source re

places the high pressure system (7,500pounds per square inch) used in Mercury.The new source, a supercritical system, willserve as the primary source ol oxygen. Ahigh pressure source (5,000 pounds per squareInch) will be secondary. Supercritical storage defies definition in layman's terms. However, it is oxygen compactely stored in a statebetween a gas and a liquid. In orbit thesupercritical storage provides enough oxygenwith ample reserve for two men, for 14 days,in the Gemini spacecraft—occupying a minimum of space and weight. During reentry,the high pressure source, which also servesa backup for the supercritical system, willsupply the necessary oxygen, pressurizationand cooling.In Project Mercury, cooling was totally

dependent on a cabin and suit heat exchanger boiling water as the coolant. Thesewater boilers were ideal for the weight andshort mission of Mercury. In fact, in someinstances, water will continue to be used forcooling in Gemini. However, the coolingburden in Project Gemini will fall on sixheat exchangers using a recycling oil-typecoolant instead of water. Heat absorbedby the coolant will be radiated into spaceinstead of boiled off as steam as in Mercury.The constant manual control of the heat

exchangers will also be eliminated. Thisoperation, similar to adjusting a home airconditioning system, will be replaced by anautomatic system with manual, override.This will eliminate excessive temperaturesincurred before the boiling process stabilizedtemperatures in the spacecraft—usually before the end of the first orbit.Expulsion of the coolant in Mercury was

accomplished in a pressurized tank with abladder forcing the water out. The Geminisystem will comprise a closed loop unit including four parallel pumps—two in a loop—for more effective coolant circulation.During each launch the Mercury lithium

hydroxide canister required special attention. Engineers kept an accurate count onthe time each cannister was used and tested.This way, launch personnel were assuredsufficient lithium hydroxide was availablefor carbon dioxide removal for the entirelength of the mission. In Gemini, lithiumhydroxide will be used again; however, theamount installed in the re-entry modulewill be more than adequate.The water separator, which was a pneu

matically operated sponge type, will be replaced by a static type separator with nomoving parts. This development is an outgrowth of Garrett's extensive aircraft airconditioning and pressurization experience.It eliminates the possibility of high moisturecontent (humidity) in the spacecraft, andwith no moving parts, is more reliable.Suit and cabin compressors will have

greater capacity (23 and 88 cubic feet perminute respectively) but will require littleadditional power. Conservation of electricalpower has been a design objective throughout the Gemini program. But it is not aneasy goal.In Mercury, AiResearch delivered 49 differ

ent ECS components to McDonnell wherethey were assembled. The Gemini systemcontains 114. However, as Dick Nelson putsit, "we are marrying many of the componentshere at AiResearch," so that 84 componentswill be integrated into 11 modules. Thismarriage, instigated by McDonnell, insuresoptimized design and better performance.The other 30 components will be deliveredindividually.The marriage of components into compat

ible modules enables the subsystem to bequickly divorced from the spacecraft. Thus,during the countdown if a malfunction occurs In a module it can be quickly removedand replaced. In fact the entire Gemini suitmodule ECS can be replaced in 40 minutes.By comparison, in Mercury it required 24

hours to remove the carbon dioxide absorption canister alone.What is the status of the Gemini environ

mental control system? In May, the firstmajor segment of the Gemini environmentalcontrol system was shipped to McDonnell,St. Louis for testing. Dick Nelson took personal charge of the shipment. After telephoning several department heads to instireproper packaging and shipment. Nelsonswung his 6-foot, 6-inch, 220-pound framearound and said, "I feel I'm sending myfirst child on a trip." Without a doubt,every AiResearcher who had nursed the production of teh equipment along felt the sameway.

Today, comprehensive manned tests arebeing conducted to prove the operationalcompatibility of the environmental controlsystem to the man. These tests are beingconducted in AiResearch, Los Angeles andsoon reliability and qualification tests willbegin in AlResearch's new lab in Torrance.This new multimillion-dollar facility is replete with clean rooms and high altitudechambers (capable of simulating 240,000 feetaltitude). New data acquisition equipmentelectronically records more than 300 measurements on each test. This equipmentenables detail-conscious engineers to analyze test data in hours when previously itrequired days, often weeks.The meticulous task of designing, fabri

cating and testing the Gemini environmentalcontrol system is a carryover from ProjectMercury. Much of the technology gainedin Project Mercury ECS is directly applicableto Gemini. As an example. Nelson cites theGemini testing program; "We are not tryingto devise new testing procedures," he said."Experience enables us to retain the validconcepts used in Merciu-y and add improvements."

"The experience we gained in Mercury hasgiven us confidence in our Gemini work andin systems for the future," says Nelson.And what of the future? Our national goal

is to land a man on the moon. Just as experience gained from Project Merciiry is applied to Gemini, so will Project Gemini databe applicable to Project ApoUo. The ApolloSpacecraft, with an AiResearch environmental control system aboard, will carrythree men to the moon.Cost of the Nation's space program rests

heavy on the Federal budget. Today, costconscious engineers are optimizing their design and using their creative ingenuity tominimize development costs. Certainly, thecarryover experience from Mercury to Gemini will result in vast savings.Willard E. Wilks, in his new book "The

New Wilderness—What We Know AboutSpace" notes that it will require an averageof $7 billion a year to accomplish our national space goal. "It is less than the $7.5,billion Americans spend amiually on cigarsand cigarettes," he wrote.At first glance tlie cost of the Nation's

space program seems as high as the apogeeof Gemini itself. However, erudite planning on the part of the National Aeronautics and Space Administration has kept costsnominal.

Already, nine new astronauts are selectedand are gaining from experiences of the original seven. (At a recent Cape Canaveralpress conference, astronaut "Deke" Slayton,who is coordinator of Astronaut Activity,quipped to newsmen that they preferred tobe called the "original" ratlier than "old"astronauts.) Of the original astronauts Wal-ly Schirra was assigned the environmentalcontrol system as his special assignment.In the new group, John Young, a Navy pilot,will concentrate on the ECS.But it took one of the "original" sages

to place the manned space progi'am in properperspective. Astronaut John Glenn said,"But the greatest of all benefits from mannedspace flight will undoubtedly come from

some now-unforeseen discoveries occasionedby man's ability to assess the new things heencounters in the unknown."For the present llttie is unforeseen or un

known. The Nation's space program standsstrong, bolstered by legs of experience.

Civil Rights by Bishop Andrew Grutka

EXTENSION OF REMARKSOF

HON. RAY J. MADDENOF INDIANA

IN THE HOUSE OF REPRESENTATIVES

Thursday, August 15,1963Mr. MADDEN. Mr. Speaker, the fol

lowing are excerpts from a pastoral letterby Bishop Andrew G. Grutka of the Gary,Ind., Catholic diocese. •Bishop Gnitka's diocese contains the

great Calumet industrial region of Indiana. It is made up of many nationalities, races, and religions.

This great cosmopolitan region forover a quarter of a century has been actively making a sincere effort to practicecivil rights. Our area is probably morefree from racial agitation than any areain the Nation.

Religious leaders like Bishop Grutka,business leaders, public officials, and allsegments of business have been makinga sincere effort to practice civil rights.The following is a news item on

Bishop Grutka's message and also aneditorial from the Gary (Ind.) Post Tribune commenting on the message;

Grutka Assails Race Prejudice inPastoral Letter

A pastoral letter issued today by BishopAndrew G. Grutka of the Gary Catholic diocese brands racial prejudice and injustice asheinous crimes against God and man.Divided into three parts, the letter follows

the theme of racial Justice and charity. Itexplains Christian teaching, areas of concern,and the roles of the church and the individual in eiiminating racial discrimination, prejudice, and segregation.The bishop wrote that the letter wasn't

fulfillment of an official duty. "It is ratherthe expression of a deep and painfully feltconcern for many sorely tried and shamefullytreated members of our community, Negroesin particular."He cited the fact that Negroes are pooling

resources and energies and enduring hardships to get free exercise of human rights anddignities. He urged "right-thinking personsand practicing Christians" to lend Negroes ahand in this effort.Admitting the message offers no simple or

easy solution for the elimination of prejudice, discrimination, or segregation, thebishop said it hopes for a change in attitudeand that Christians wlli follow the meaningof John 13:34: "A new commandment I giveyou that you love one another."Grutka explains the unity of the human

race by references to the teachings of thestory of creation in the Bible, to statementsby Pope Pius XXII, Pope John XIII and toaction of the bishops of the United States in1958. The equality of all men, the humandignity of all men and the honor of allmen are cited in his explanation.He explains how foreign immigrants, once

rejected, have been assimilated into otu- society and are not easily recognized as distinct ethnic groups.Then, he writes, "The Negro is faced with

similar challenges in housing, employment.

. ,k.

[COMMITTEE PRINT]June 20,1963

PRINTED FOR THE USE OF THE COMMITTEE ONCOMMERCE

88th CONGKESS1st Session S./7c3i/

IN THE SENATE OE THE UNITED STATES

June , 1963

Mr. J introduced the following bill; which was read twice and referredto the Committee on Commerce

■ I, li

)!• . '•(!

A BILLTo eliminate cliserimiiiation in public aceonimodations affecting

interstate commerce.

1 Be it enacted by the Senate and House of Bepresenta-

2 tives of the United, States of America in Congress assembled,

3 That this Act may be cited as the "Interstate Public Accom-

4 modations Act of 1963."

5 FINDINGS

6 Sec. 2. (a) The American people have become increas-

7 ingly mobile during the last generation, and millions of

8 American citizens travel each year from State to State by

9 rail, air, bus, automobile, and other means. A substantial

^10 number of such travelers are members of minority racial

J. 20-104 1

1 and religious gTonps. These citizens, particularly Negroes,

2 are subjected in many places to discriniination and segrega-

3 tion, and they ai-e frequently unable to obtain the goods and

4 services available to other interstate travelers.

5 (b) Negroes and members of other minority groups Avho

6 travel hiterstate are frequently unable to obtain adequate

7 lodging accommodations during their travels, with the result

8 that they may be compelled to stay at hotels or motels of

9 poor and inferior quality, travel great distances from them

10 nonnal routes to find adequate accommodations, or make

11 detailed arrangements for lodging far m advance of scheduled

12 interstate travel.

13 (c) Negroes and members of other minority groups

14 who travel interstate are frequently unable to obtain adequate

15 food service at convenient places along their routes, with

16 the result that many are dissuaded from traveling hiterstate,

17 while others must travel considerable distances from their

18 intended routes in order to obtain adequate food service.

19 (d) Goods, services, and persons in the amusement and

20 entertainment industries commonly move in interstate com-

21 merce, and the entire American people benefit from the in-

22 creased cultural and recreational opportunities afforded

23 thereby. Practices of audience discrimination and segrega-

24 tion artificially restrict the number of persons to whom the

25 interstate amusement and entertainment industries may offer

3

1 their goods and semces. The burdens imposed on inter-

2 state commerce by such practices and the obstructions to the

3 free flow of commerce which result therefrom are serious

4 and substantial.

5 (e) Eetail establishments in all States of the Union

^ purchase a wide variety and a large volume of goods from

business concerns located in other States and in foreign

^ nations. Discriminatory practices in such estahlishments,

^ which in some instances have led to the withholding of

patronage by those affected by such practices, inhibit and re-

strict the nonnal distribution of goods in the interstate

market.

13 Fraternal, religious, scientific, and other organiza-

11 tions engaged in interstate operations are frecjuentlj'^ dissuaded

1^ from holding conventions in cities which they would Othel

lo wise select because the public facilities in such cities are

1*^ either not open to all members of racial or religious minority

1^ groups or are available only on a segregated basis.

1^ (g) Business organizations arc Irequently hampered in

obtaining the services of skilled workers and persons in the

professions who are likely to encounter discrimination based22 on race, creed, color, or national origin in restaurants, retail

23 stores, and places of amusement in the area where their

21 services are needed. Business organizations which seek to

2^ avoid subjecting their emploj^ees to such discrimination and

4

1 to avoid the strife resulting therefrom are restricted in the

2 choice of location for their offices and plants. Such dis-

3 crimmation thus reduces the mohilit}^ of the national labor

4 force and prevents the most effective allocation of national

5 resources, including the interstate movement of industries,

6 particularl}'^ in some of the areas of the Nation most in need

7 of industrial and commercial expansion and development.

8 (h) The discriminatory practices described above are

9 in aU cases encouraged, fostered, or tolerated in some degree

10 by the governmental authorities of the States in which thex^

11 occur, which license or protect the businesses involved l)y

12 means of laws and ordinances and the activities of their

13 executive and judicial officers. Such discriminatory prac-

14 tices, particularly when their cumulative effect throughout

15 the Nation is considered, take on the character of action b}-

16 the States and therefore fall within the ambit of the e(pial

17 protection clause of the fourteentli amendment to the Con-

18 stitution of the United States.

19 (i) The burdens on and obstructions to commerce which

20 are described above can best be removed by invoking the

21 powers of Congress under the fourteenth amendment and the

22 conimerce clause of the Constitution of the United States to

23 prohibit discidmination based on race, color, religion, or

24 national origin in certain public establishments.

5

1 EIGHT TO NONDISCEIMIHATIOlSr IN PLACES OF PUBLIC

2 ACCOMMODATION

3 Sec. 3. (a) All persons shall be entitled, without dis-

4 crimination or segregation on accoimt of race, color, religion,

5 or national origin, to the full and equal enjoyment of the

6 goods, services, facilities, privileges, advantages, and accom-

7 modations of the following public establishments:

8 (1) any hotel, motel, or other public place engaged

9 in furnishing lodging to transient guests, including guests

10 from other States or traveling in interstate commerce;

11 (2) any motion picture house, theater, sports arena,

12 stadium, exhibition hall, or other public place of amuse-

13 ment or entertainment which customarily presents mO-

14 tion pictures, perfomiing groups, athletic teams, exhibi-

15 tions, or other sources of entertainment which move in

16 interstate commerce; and

17 (3) any retail shop, department store, market,

18 drugstore, gasoline station, or other public place which

19 keeps goods for sale, any restaurant, lunchroom, lunch'

20 counter, soda fountain, or other public place engaged in

21 selling food for consumption on the premises, and any

22 other estahlishment where goods, services, facilities,

A. 20-104 2 pi I

■ ' . M'.il ('.(f ■'

6

1 privileges, advantages, or accommodations are held out

2 to the public for sale, use, rent, or hire, if—

^ " (i) the goods, services, facilities, privileges,

-.' il' advantages, or accommodations offered by any such

^ t ' place or establishment are provided to a substantial

^ ■ !; i. i i degree to interstate travelers,

^ : (ii) a substantial portion of any goods held out8 to the public l)y any such place or .establishment

9 , _ for sale, use, rent, or hire has moved in interstate

commerce,

• (iii) the activities or operations of such place12 or establishment othenvise substautiallv^ affect m-

12 terstate travel or the interstate movement of ffoods- • • . . . - ^

14: in commerce, or

1^ (iv) such place or establishment is an integral1^ part of an establislunent included under tliis sub-

section.

18 For the purpose of this subsection, the term "integral part"19 means physically located on the premises occupied by an20 establishment, or located contiguous to such premises and21 owned, operated, or controlled, directly or indirectly, by22 or for the benefit of, or leased from the persons or business23 entities which own, operate or control an establishment.

24 (b) The provisions of this Act shall not apply to a25 bona fide private club or other establishment not open to

7

1 the public, except to the extent tliat the facilities of such

2 establishment are made available to the customers or patrons

3 of an establishment within the scope of subsection (a).

4 PEOITIBITION AGAINST DENIAL OF OR INTERFERENCE WITH

b THE RIGHT TO NONDISGRIMINATION

b Sec, 4. No person, whether acting under color of law

7 ; or otherwise, shall (a) withhold, deny, or attempt to with-

3 hold or deny, or deprive or attempt to deprive, anj^ person

^ of any right or privilege secured by section 3, or (b) inter

im fere or attempt to interfere mth any right or prfvilege

74 secured by section 3, or (c) intimidate, threaten, or coerce

72 any person with a pui-pose of interfering with any right or

73 privilege secured b}^ section 3, or (d) punish or attempt to

74 punish any person for exercising or attempting to exercise

75 any right or privilege secured b}'^ section 3, or (e) incite or

76 aid or abet any person to do aii}^ of the foregoing.

77 ClrflL ACTION FOR PREVENTIVE RELIEF

78 Sec. 5. (a) Whenever any person has engaged or

79 there are reasonable grounds to believe that any person is

20 about to engage in any act or practice prohibited by section

21 4, a civil action for preventive relief, including an application

22 for a permanent or temporary injunction, restraining order,

23 or other order, may be instituted (1) by the person

24 aggrieved, or (2) by the Attorney General for or in the

25 name of the United States if he certifies that he has received

8

a written complaint from the person aggrieved and that in

2 his judgment (i) the person aggiieved is unable "to initiate

3 and maintain appropriate legal proceedings and (ii) the

.4 purposes of this Act will be materially furthered by the

5 filing of an action.

^ (b) In any action commenced pursuant to this Act by

I the person aggrieved, he shall if he prevails, be allowed a

8 reasonable attorney's fee as part of the costs.

^ (c) A person shall be deemed unable to initiate and

10 maintain appropriate legal proceedings Avithin the meaning of

11 subsection (a) of this section when such person is unable,

12 either directly or through other interested persons or organi-

13 zations, to bear the expense of the litigation or to obtain

14 effective legal representation; or when there is reason to he-

15 lieve that the institution of such litigation by him would

16 jeopardize the employment or economic standing of, or might

II result in injury or economic damage to, such person, his

18 family, or his property.

19 (d) In case of any complaint received by the Attorney

20 General alleging a violation of section 4 in any jurisdiction

21 where State or local laws or regulations appear to him to

22 forbid the act or practice involved, the Attorney General

23 shall notify the appropriate State and local officials and,

24 upon request, afford them a reasonable time to act under

25 such State or local laws or regulations before he institutes an

9

1 action. Compliance with the foregoing sentence shall not

2 be required if the Attorney General shall file with the court

3 a certificate that the delay consequent upon such compliance

4 in the particular case would adversely affect the interests of

5 the United States, or that, in the particular case, compliance

6 would be fraitless.

(e) In any case of a complaint received by the Attor-

8 ney General, including a case within the scope of subsection

9 (d), the Attorney General shall, before instituting an action,

19 utilize the services of any Federal agency or instrumentality

11 which may be available to attempt to secure compliance with

12 section 4 by voluntary procedures, if in his judgment such

12 procedures are likely to be effective in the circumstances.

14 JURISDICTION

15 Sec. 6. (a) The district courts of the United States

16 shall have jurisdiction of proceedings instituted pursuant to

II this Act and shall exercise the same without regard to

18 whether the aggrieved party shall have exhausted any ad-

19 ministrative or other remedies that may be provided by law.

20 (b) This Act shall not preclude any individual or any

21 State or local agency from pursuing any remedy that may

22 be available under any Federal or State law, including any

23 State statute or ordinance requiring nondiscriniination in

24 public establishments or accommodations.

[COMMITTEE PRINT]

June 20, 19(33

88th congress1st Session s.

A BILLTo eliminate discrimination in public accommo

dations aifecting interstate commerce.

By Mr.

June , 1963

Read twice and referred to the Committee on

Commerce

Senate CliimiiteeGets Civil Riglife|.Hearings July 16BY JOHN BERBERSUnited Press InternationalWASHINGTON — (UPI) — 'file

Senate Judiciary Comrnittee, head-^ by Mississippi Democrat Jameso. Eastland, announced Tuesdayit will begin hearings on PresidentKennedy's civil rights bill on July16. with Alty. Gen. Robert F. Kennedy as first witness.

The announcement appeared toconfirm predictions that the fullcommittee would conduct the hearings rather than turn them oveito a subcommittee first. This meansit will be a one-stage procedure,but does not necessarily shortenconsideration of the issue.Senate Democratll leaders are

convinced there 1.9Kllttlo hope ofgetting Kennedy's full" civil rightsbill'out of Eastland's ■ conmilttee.Thus they have devised alternative methods to get it to the Senatefloor for consideration.DIVERTED TO CALENDAR

Tltis strategy calls for divertingthe House civil rights bill to. theSenate calendar when it arrives,thereby avoiding having it assigned to the so-called "graveyard" Ofthe Judiciary Committee. It couldbe then called up for the beginningof what Is expected to be a deter,mined southern filibuster.The Judiciary Committee will

deal with all .sections of the President's proposals' except the publicaccommodations feature, which isunder consideration by the Senate

] Commerce Committee.Up for judiciary study will be

proiwsals involving voting rights,^school desegregation and the pos-'sible cut-off of federal funds foi;.

j projects whcrof? discrimination id;practiced.Senate GOP Leaden Everett M.'

Dlrkseui,>ff|fc'oppof| the publi:iiaccommMSnons big.'w the rank-iding Republican on Eastland's Ju-t ,dlciary Committee. He favors othewportions of the administration pro-i"gram, but Eastland and felloW'Boulhern senators oppose it general^;]y.MARK THIRD APFEARANCEThe July 16 hearing,s will mark

Atty. Gen. Kennedy's third major;appearance before a congressionalcommittee on the President's civli;rights legislation. He testified be|fore the House.Judiciary Commitieilast week and went before the Senjate' Commerce Committee Mondasand Tuesday. He will return Wedjjnesday..

isriJRights Pro

AsNAACP Opens Nat'! Convention

CIVIL RIGJiTS program; NAACPDelegalesMeet In ChicagoFor Convention .

• i

(Continued from Page One*' ' -W.'Evers, slaifi NAACP field seentary for Mississippi. The present^last year was, "We Wait No Lon_

I er." This year, the slogan "Now orj Never" seems to be the choice.

From convention headquarters inj the Morrison Hotel to the far1 reaches of the S

tion will be made to Mrs. Evers.

> ' »

^4

outhside, interestJ ui the convention and its work hasj been intense.

Mr. Wilkins delivered the keynote address on the night of the

Lopening session.L Other speakers for the six-day^session include: AME Zion Bishop Stephen G. Spottswood, chairmanNAACP Board of Directors- theRev. Fred Shuttlesworth, of Birmingham; James Meredith, of theUniversity of Mississippi; Dr.Charles Wesley, president, CentralState College, Wilberforce, Ohio

Also, Harvey Gantt; of ClemsonS C.; Cecil Poole. United StatesAttorney for Northern California;Eli Ginzberg, of Columbia Univerlsity; and Robert L. CaVter,'^NAACPgeneral counsel. ;i''

The Spingarn Medal, awarded annually to a Negro Amerleftii-Tfor distinguished achievement, will beawarded posthumously to Medgar

'Righls Bills M3b'^ji

Of Ga.--SandersBy (UPI)

Gov. Carl Sanders said Tuesda;that future events in Pre,sidenKennedy's civil rights campaigrcould put him in a "different posi-,tion" about party loyalty if GeorKia's interest is at stake.I "I'm a loyal Democrat," Sander(Mid. "I intend to stay in the parlyidhat doesn't neces.sarily mean th' uture would not he such thatfcouldn't be put in a different posiftion.4 "The people of Georgia are mymumber one interest."i S*lWpr.fh#ftbuased with a UnitedIf'res.s intrMfttlonal reporter theTact Georgians, includingSbemocrats, are angered by tl>e

. i(C6ntfnued on Page 5, Col. 3)-

president's civil rlgiTfr''prd^am'InCongre&s.

The governor point(-U-out that hehimself had already denounced theso-called "public accommodations"proposal as an invasion of priydteproperty rights. '

"My position will be, I'm goingto find some way to present theviews of Georgia Democrats to thenational party," Sanders said.

"I hope I can convince them thatwhat they're trying to do is not inthe best interest of the party."

Sanders added he will "certainlybe '"''"I'tliil fig'if within the party

1

From Wire and News ReportsCHICAGO — (UPD — The Na

tional Association for the Advancement of Colored People Mondavopened a convention which could-make history. The top NAACPspokesman said new mass demonstrations would result from tliemeetings.

Roy Wilkins, executive secretaryOf the NAACP, said at the startof the 54th annual convention thatPresident Kennedy's civil rightsprogram "must be enacted."

But Wilkins warned Ncgrosis"could not be expected to go alongwith the President's request for a .moratorium on demonstrations forequal rights while I-Cenncdy's program is being debated in Congress. .

"This convonUon will stimulateadditional demonstrations becausewc will point out arca.s in whichprogress has not yet been made,"Wilkins said.

convention in chi-:ie most significantion'.s 54-ycar hls-ycar 1963 lias been

aid.c<

d fgklK(IHIImU: as« 3

The NAcago couldin tile orgtory, Just as'

le most Ullhiificaii^n thelt**ri hta

lor wha'crats bela propo.sjiGeorgia

"I think I f -national Democratic Party can pushall the civil lights legislationthrough without some compromise,

(peoi'gia Democome up with

ihfiiic the

one of theNegroes' crntui*y«iori(5 otrti.struggle.

The l.tiOi) to 34)0(1 drlrga'tes will spend .six day.'j iiluklftg new pifor advancing their wiubc of equalrights and racia) integration. Theydo so at a time wlien the issuedominates domestic politics andCongress is about to begin debateon flic mo.st .-^-werpin;,' civil rightopi'ogvam to be laid before it-unmodern" time.s.

From Nort.li, Knuth, East, andV/cst, drlcgate.s by the hundrcd:tliad converged on the Windv Cityat the weekend for the convention

The meeting is the first nationalgathering of a civil rights organization since the birth of tlie 1SS.'1

' f's'ivelopiij^E^^r* future'"ad(ldif1hsuch as employment,;politielllMppii, se.boo! dMegrega-^,

, tinn, hotj^^ and legal action.1 They are exploring ways ahdjffiehns of insuring enactment ol[fending civil rights legislatloifjiyjow OR NEVER"

Roy Wilkin.s, executive .sccre-[tary of the NAACP, told PresidentKennedy two weeks ago that thedemonslralion which inflaminedthe country could not be hatted until rquallty for Negroes had been;ichlrved.

T.be motto53rd auut;;^

^ ittW( .n, ...nsviiorl anjrijlf.9 no 919fl

jl-tiv/ rShti) snlojfe .ijiotmrls

lorio

TJNITIi:0-nations — (ANP) —Adlai Stevensoii warned coiigresslast weeH that the world stature ofthe United States demands promptapproval of President Kennedy'scivil rights program.

As IF to substantiate what America's UN ambassador was saying aletter, was presented to ' Undersecretary of state George W. Ballin Washington, voicing the protestsof 37 African governments toElanderous remarks made by Louisiana's intemperate senator, AllenJ. Ellcnder.

Eilendeh; has repeatedly declaredthat Negrb peoples. Including Africans, are Incapable of governingthemselves.

Stevenson declared that as aUnited State!? delegate to the United Nations' htfCwas concerned withthe^UnitetPvetetes' world statureend that the''"'now world" stirringin Asia, Africa and Latin America

little.good to demand the tearingdown oi the waji m Ber-.in uiiifco.)we tear down the wall that separates us In our own land," he asserted. •

looked to the United States,r.,,'an the long riiti It ivlll do us

"Of'what value is it, fnr lu: totalk of ourselves as the vanguardui treedom and democracy whileany of our fellow citizens suffer theIndignities of second-class citizenship?"

Stevenson said most delegateswith experleiice in the country understood that racial progress hadbeen stepped up in recent yearsand were "patient, tolerant and understanding" of United States efforts.

However, he acknowledge thatsome delegates had been shockedby racial disorder andH?lolence andthat such events has had effect onsome diplomats and their staffs.

He declared that he was gravelyconcerned with the way racial disorder was exploited abroad by ahostile pre.ss, creating a false ip-

Down WithSENATOR RUSflEIM^J

Senator Russell haa outlived his usefulness as a spokesmanfor the state of Georgia. Asa matter of fact, if the laws of thisState were enforced from top to bottom, Russell would be facingtrial on charges of "inciting to riot."

Last week, the honorable Senator made a speech clearly calu-lated to stir up racial strife and domestic tulmult. In his speech.Senator Russell charged that the clvU rights measures presentlybefore Congress are ten times worse than what prompted the CivilWar 100 years ago.

Ever since the senior Senator has been in office, his sole approach to die problem of civil rights for Negroes has beai a negative one. "Leave the states alone." Russell suggests.

For how long should they be left alone? "They have been leftalone for 300 years and Negroes are still enslaved by a vicioussystem of bigotry.

Does Senator Russell believe that Negroes should be extended'the rights guaranteed them In the nation's constitution, or doesn'the? If he does not, he Is not fit to hold the high office of a legislator. If he does, it's about time he made it known.

RusseU has called moves by Negroes to win their rights "communistic." We ask "What's communistic about citlzenswho havelived in a country all their lives wanting to share in the equal benefits of that citizenship?" ijk

We think Senator Russell is unfit to serve this state as a Senatorbecause he does not even attempt to represent all of the 'flfate'scitizens. The best contribution he could make to this state Is hissigned resignation.

pres-sion, of the United States. _ 'Stevenson said he. favored rnass

action to strengthen the President'shand on the civil rights program,by- presenting the moral issue-Tnevery community.

Meanwhile, ambassador of 27African governments sent a letterto President Kennedy protestingSenator EUender's public statements that Negro people are incapable of governing themselves.

The letter was presented to Under Secretary Ball by a committeeof Ambassadors and chiefs of mission. The committee was composedof the chiefs of mission of the United Arab Republic, Nigeria, Sudan,Malagasy, Somalia and Morocco.

Senator EUender's television appearance on June 16 led to a number of conferences of African chiefsof mission in WashliitVOn The Am-bassadors, who feltHnilt the Louisiana Democrat had insulted theircountries orf'previous occasions too,decided to take their views to President Kennedy,

J'

is

1.

Than Rights BillWASHINGTON — (UPI' — Sen,.George A. Smathers, D-Fla., said.iPi'iday that federal income taxcut is more important to the nation's Negroes than enactment ofthe administration's civil rightsprogram, much of which he opposes.The senator said that if the

Negro can be given better economicconditions which will mean moreemployment" mnf>y of the complaints which he' le^timately nowhas would immedii^^ly disapear."

Smather.s, in his .wfekly radio-jtelevision program for Florida con-',stituents, said the opl/roivil rights'proposals he coui;) sijpjprt involvevoluntary desegra^jon tcf p^lic ac-

I commodatJons, l^gcacy; te^ts, voca-^tional training ai)d.jYpting,-;guaran-' tees. He opposed Wipowering thefederal government to enforce de-segre gation of privately-owned andoperated hotels, restaurants andsimilar establishments.

Smathers said he believed that "ifa man or woman puts his or hermoney into a business that theyhave the right to sell only to redheaded, ciuh-footed, cross-eyedpeople — that ISp-^heir privilegeand that is thglio^pR^l privilege.''less" . , .. >!

He said' thet'<i.',?&'i'S?,2p}oral issueinvolved if a proprietor advertisesfor business from everyone.But he said it is a "moral issueto be decided by the individualsinvolved," not by the .goyemment.He said he would have to voteagainst the administration packageif the compulsory desegregationwere included. Otherwise, on anplan were included. Otherwise, onan individual basis, hewould votefor those he accepts and againstthose he opposes, he said.

"I think that a tax reductionbill as far as the negro citizensis concerned is even more importantthan this so-called civil rights legislation..." he said. ^ Tt\^, i^natorsaid a mass Negro marct>i Of^ Washington would .be "very unfortu-

jnate thing." He said conditionsare moving along now..more thansatisfactorily, and I think they^,should leave well enough alone in;this particular respect." C

Civil RfehtUrged Bf

».

Georgia's high state, o.fficiais and representatives tojcongresshave been called upon by the Fulton County. Republican Club, B.F. Bullock, president, to stop making statements, or takingaction to perpetuate segregation and discrimination, and tosupport strong civil rights legislation now before the legislators.

The Fulton County GOPs also,in a second resolution, called uponRepublicans in both houses of congress to develop evil lights legislation to alleviate and solve thecrisis in race relatioiis in tillscountry.

Said the Pulton County Republican Club in the resolution on theaction of officialsii, ,

"WHEREAS, t^.crisis in racerelations, which .ife'Jflireatening theposition of the UnRed States asworld leader in the field of humanrights and liberties, has resultedfrom the failure of Congress to enact and enforce legislation againstsegregation and discrimination,

"AND WHEREAS, Senator Russell and Talmadge and GovernorSanders of the great State of Georgia have publicly declared themselves-, to be opposed to the civilrighti legislation presently pro..posed by the Pres^<lje.nt of the'United States for.gyia.-purpose ofeliminating segregation and discrimination,

"BE IT I RESOOiVBD, THEREFORE, that we, asimeiitbers of theRepublican - Party, j w,Jiich has historically and traditlmially supported the principles freedom andjustice for all, call 'ti^n these highState officials and all other officials elected by the people of theState of Georgia, to refrain frommaking any public' statement ortaking*nw|jj||to, which would tendto perpetuai?scgrcgation and discrimination, an(i.,to support thelegislation whi:h wutd make securethe United-Wttttes^Tiositian as worldleader in the field of human rights

[ and liberties."^ In reference to need for action(by Republican members of Coii-igro.s.s, the Fulton GOP resolved:

'WHEREAS, the Congress facescrisis in race relation.s in the

'uited States, in wliiclr the futaire|of tliis country and its internatioimlpower and reputation are at .stakeabroad and In whicli it.s hone.sl.vly. lulfitling the ideals of demo.

\|cracy are questioned at. home andbroad. X5»

BE IT RESOLVED, THERE-'ORE, that we call upon the Re-:ublicahs'TTr^biflir HomllB' of the^

have violated the Constitution oljthe UiJledr States and the j^iB|principlls of the Republican pflit

.for oiM Jpundred years .an dto Initiate, davllop and support legi.slatloiwhich A\Vl el;minate%»l "vils aminjuslI*Hi I'in votin.g publie ,acqq»tH)mdations,lion, iioulting, emplo.vi(ml <»"i'•Aunltie.s and public iiealttW^iurwelHaie,"

r'l Juo bsJraodot-sriJ-no

Calls For"SweeDing"To President stfi'v;

j ji i'jt;- '

jnnrn'/olcir;

rams For Civil RightsSix Organizations Pian'it

Campaign To AidPmsage ii-4

By MARGIRY McElfllTn 'rM(United Press InfernaHonol^^

CHICAGC3(5— (UPI) — The Nationa(^Association for the Adi

An Inconsistency In Senator Russell's Speech' —if/ ^ r\ /iVU i .YORriucJ y a cto'

vancemenf of Colored People (NAACP) Tuesday demanded'sweeping additions to President Kennedy's civil rights program/which the NAACP labeled inadequate. i,'

Georgia's senior Senator of the United Stdf^'SP'Sicfh'ard B.Russell let go to the citizens of Jasper County ond'Tife' fellowGeorgians/ rntght be expected on the filibuster ffoiit, whenthe Civil R/^t^ftfH-tgrind gets going in the Senate. He rehearsedthe names and times of Thad Stevens and Charles Sumner, ghostsof a past image, sufficient to frighten those on down generationswhen questions orA^e^'is needed to block change.

While it was i blistering hot July the 4th, an occasion usually consumed in renewing patriotic fervor and accelerating national fealty, the Senator chose best to "let 'em have" something onthe President's Civil Rights bill, which he has already pledged to"fight these outrageous proposals with all of the power in mybeing." He referred to the document as "the most inhuman andsadistic" legislation in U.S. history!

Senator Russell "gave 'em the works" on the public accommodation portion of the bill. The main argument the Senatormakes against this portion of the bill is that it would be on encroachment on the property and individual rights of certain pro^prietors of businesses. This is true, but it is also true that all lowsaffect one or both of these rights.

However; the main point we would like to moke is that somecities and states have already on their books laws v^hich forbida proprietor from accommodating or serving members of bothracial groups. Have not the individual rights of those individualswho might have desired to serve members of both races withoutdiscrimination been encroached upon? We have never known oursenior senator to ever oppose a law requiring segregation at the<^ty, state or national levels. So it seems that segregation lawshave already encroached upon the individual and property rightsof many citizens.

Moreover, while we are on this subject of encroachment, weare reminded of the many filibusters in the Senate in which oursenator has participated. Boiled down, is not a filibuster an effortto prevent cl^ expression by other members of that body? it notit pn encroqphment orv their individual rights? j

' The CivSi Rights bills are now pending before the Congressand they should be given due study and consideration and passed by that body. In our opinion, they are needed to put our nationin line with the true meaning of the Declaration of Independence.

F

suited from neighborh.oti^, racialDattfirn.s- iSSSA' -patterns.—In Detroit, the Natig^lil^duca-tional AS^ciation NEA=-' fiteTnandedan end tojfacial segc^^qp |in itslocal alsoagreed toTdoiisider arCrapraer ,withthe predoimnantly Neg^'O-'AmericanTeachers l^sociation. 'TVa- ,—Police questioned four white boysin St. Augu.stine, Fla., about a.shooting incident in which fourNegi'o youths were struck by siiot-gun pellets in front of the homeof a civil rights figure. Police sp,idthe white ler-n - ager.s told con-flictin,g stjiries about tlw Uicident,but th^p apparently Jan exchange of giiniire in front of thehome of Dr. Robert B. Mayling, aNegro dentist.

%

The 2,000 delegates to the 54thI annual NAACP convention approve

ed unanimously a lengthy resolujtion that said the president's pr'

' gram is commendable but "lnade|quate to meet the minimum needs"of the threatening situation." i!

The resolution also called for a|:mass civil rights convention. next'|mouth in Washington and "grass:roots" rallies in the states and con'-J"gresslonal districts the last weelp!of this month. . >

In other civil rights developitienlSjTuesday: ..—Leaders of six national NegrBorganizations, including the NAACP,Jheld a "summit conference'^ tn,'!New York City to plan strategy.jfor a nationwide campaign In sup--port Of Kennedy's civil rights proj";-posals. Later they , were to meeS;with leaders of 55 Other organlzaRtions representing religious, labol

ft'husiness, civil and fraternal organ!i^atlons.^-rfhe New Jersey State EducatioiCommissioner ordered the city o

jEnglewood to begin desegfegatinIts pubjic schools by SeptombeiCommissioner Frederick Rnublqjjesaid there was no deliberate nattempt to segregate ppplls bybut unintentional segregation re

(Continued on Page 5, CoL i)

A'

.....liiiftitolMvihflililtitiAii i

^ ..

Rillits Protest Takes New Twists Here'«S'

Students Protest Job Ban

On Negro Liquor Bujerji %r)ok("1 won't fire any of my white help, jdst to hire any niggers." were the words %poken by 1

Parks Jr. when asked for the second time after a week notice If he would hire Negroes in his liquor store, according to student leader Ralph Moore. The store, now under full—time picket, islocated on Simpson Rd. near Mayson Turner Rd.The Committee on Appeal for

Human Rights is taking immediate action in seeing thatNegroes are fairly employedthere since it is supported predominately by Negroes.Picket lines have been set up

and are proving to be 100% effective in reducing Negro tradeat the store. The Committee

on Appeal For Human Rightsdoes not expect too much troublefrom Parks and thinks he is a-bout ready to negotiate.The Parks own about eight

liquor stores , in the Atlantaarea. The storepresently underattack does an estimated$750, 000 worth of businessyearly At this rate the store wUl 'lose some $14,000 weekly if theboycott contitHies.A spokesman for the student

group told the Inquirer that the

klL- JB—'> 'it f :im ' 'V*

i,. jMisaprxia."Dont Buy Her*;"

Simpson Street Liquor and winefetqres are just the first on

"We will carry ourE

their list.

protest to everv store in

1

town (!* >vhere Negroes can buy but can'twork," the spokesman said, g

• I

No LegalIn' Busine

Marshal Appeals ForPassage Of Rights Bill

I

J

By JOHN HERBERS(United Press international)

WASHINGTON —, (UP!) - Burke Marshall, the government'stop civil rights trouble-shooter, said Monday that President Kennedy's proposed public accommodations law could have avertedracial strife in Birmingham, Ala., this yeqr.

He told the Senate CommereeCommittee that Negroe.s stagedprotest demonstration.5 against discrimination in business establishments because there was no legalremedy, no action the governmentcould take to end it.

Marshall, assistant attorney general in charge of the Justice Department's Civil Rights Division,appealed for passage of the proposed law to ban racial discrimina.tion in such places as hotels andrestaurants. During his testimony,

: he also:— Questioned the accuracy of a

published report that managers ofthe Social Security and VeteransAdministration offices in San An-:tonio, Tex., had been ordered byWashington to give job preference.?to Negroes. The report was cited bySen. Strom Thurmond, D-S.C.,chief committee foe of the proposed public accommodation.? law.Marshall said he did not believeany government official, had i&suedsuch a directive but would- lookInto it.

— Testified that racial discrim--ination in public establishmentscannot be wiped out by persuasionalone. He said this approach hasresulted in some success but thatit has itsclimitatlons.

Sen. Hugh Scott, . R-Pa., asked ,Marshall if he could have used Ihb 'proposed _')iublic accommodationslaw in Birmingham, site of protestdemonstrations in May.

Marshall replied that "the demonstrations would not have had totake place." The problem In Birmingham - and el.cowhcre, he said,was that legal remedy. The ofl he said,was voluntary de.segregation.

When Birmingham business proprietors "agreed to take voluntary 'action, that ended the demonstrations," he concluded. . : /

Scott said that up to a week before the President sent his civilrights requests to Cangi-e.ss, theJustice; Department wai ; telling senators that "persuasion mi/ld,^o the,job" and that legfal apnority was

-ui^neftfed.The jReputfltoan senator suggest

ed kha^tlW accommodations laW'ifi^s "meSaed in 18gl, first year ofuhfe Kennedy-^ttSministration. >Mar-shalJ.-a*eiSlied that it also wasmeed-ecf^^'in 19G0, in 1959, really since1861" — a year that saw "sit-ins"in Louisville, Ky. ;

taK.Ti .

By JOHN HERBERS(United Press International)

Rusk Applaudedin Push for 'Civil RightsWASHINGTON' — (UP!) — Sec-

.. . retary of stafc Dean RusI: v.'oiiWASHINGTON —. (UPIQ — Asst. Atty. Gen. Burke Marshall | applause at a Senate liearing 'Wed-said Tuesday the administration's public accommodations section | with a staundi endorsc-of its civil rights package would bar racial discrimination at "most ! Icfji.sJslion buthar/iburaer Stands " xlaMipd with a Southern senatornar/iburger stands. g^id the audience wa.s packed

witli "civil ri-hters and icit wins-Sen. Jacob 'K. Javits, New YorkRepublican who supports the administration program said the section shouid even cover "Mrs. Murphy's" rooming house, which Atty.Gen. Robert F. Kennedy has already indicated willingness to exempt.Marshali and Javits testified be

fore the Senate Commerce Committee on the ramifications bill toend segregation in private businesses which cater to the public.Marshall was questioned partic

ularly on whether the 14lh Amendment to the Constitution could beused a.s the basts for a' public accommodations law, withmd {ilso involving the federal powlr'"to regulate interstate comincrcc'Jf^.thc ad-mini.stration proposes, r.iogixThe Tiffininistration ciiiM''' rights

expert ''replied that he filll lJot)iwcrc^i-ftfedcd. He said a basedon the 14th lAmendmBfll alonemight be declared unconStitlitionaland also would not "cover everything."SCHOOL BILL CLEAREDOther congressional develop,

mcnts:—A House education subcom

mittee headed by Rep. John H.Dent, D—Pa., cleared the way forpossible action Wednesday on a billwhich would forbid racial segregation in schools-receiving aid underfive federal programs paying outmore than $500 million a year.—Welfare Undersecretary Ivan

A. Ncstingen urged a House labor subcommittee to approve expansion|of the manpower training pro-^grani to provide subsistence pay-;inents to uncinpioycd illiteratesiw.'iiile they learn to read and write.ille said many of the illiterateswere Negroes.

Marshall appeared for the secondday before the committee headedby Sen. 'Warren . Magnuson, D—Wash., Sen. .Strom Tliurmond, D—.SjSJ., who continued his ,sharpc|un,stioning of administration wit-'ncsscs, cut the hearing off at noon'by Involving the rule against com-inittdB meetings while the Senate

"•is -hi .session.Thurmond charged that the

public accommnOations bill* would- - .'..I r,l

urn private businesses into "pubic utilities." !Marsiiall countered

already is highly reg^iwages and hours to j|i'packaging—and this isiiistent with private o'I Thui-mond said he|r|ione a long way toward a welfare^ate. Do you believe the govern- ^ent shouid iiave done all these i

usiness'from

nd

ve

senatoi Marshall

1

ers."At one point the senator, Strom

Thiumond, D-S.C., cjtip'stionedwhether Ru.sk was not giving support to Communist propagandists.Rusk tai tly replied ili.'it ".of cour.se"he was not. and saicl he hoped nocommittee of Congrc."s would takethe po.sition Thurmond'luul.

Ru.sk told the Senate CommerceCommittee that failure of theUnited States to provide racialequality "embarrasses our friendsand iieartcns our enemies."

He said tiiat if Congress fails toenact civil rights Irgisiation, "questions would inevitably ari.sc inmany parts of the worid a.s to the

' real convictions of tiic Americanpeople."

Husk was commended by bothRepublicans and Democrats "on thecommittee for ills testimony. As heleft the witne.ss stand, he was applauded by approximately 35 0spectators.

Thurmond, who Iiad pepperedRusk with questions during the session, demanded that the ovation'be halted. Thurmond char.gcd thaflthe audience was packed with eivi'jnglits advocates and "left wingers"'!trying to pressure Coirrrcis into*'pa-ssing "an unconstitutional chdl ir.-ghts bill." There were,Mice otherdevelopments on the admihistra- Ition's civil rights proposals: '!

„ , ini. . art I— Chairman Emanucl D-N. iY.. cf the House Judiciaiv ^iiiiiTiit-'tee announced a "speed vV'y'ri W ef-!forts to cOiiiplelc com:iijj con-

j.sidcratioi^ cf the )egisintj>y),'i'park-Liagc. I':-' announced tliat',^nv wit-|ncs.scs wanting to testify must sub-|mit their requests by Saturday. :

"cllcr also said iic would hold 'Inight sessions if necessary to expedite consideration of the meas-ire.

.v—The House Education and LaborCommittee approved in principle.*#bill - which would set up a federalfair c-.-nployment practices commission with strong powers to orderan end to racial discrimination inprivate industry. The way wascleared for final approval Tlnir-s-di'.y wlien the Hou.'^^c group re-jcsL#u a sub.stitulc proposal byRep,' 'Rcbork p. OrlfWh, R-Micli,wlii,^]! aimlU li.ive hmilrd (lie cc'.ii-mis

Th«-.ISr(^ conslilulioii'.il rigiitssubci miiittlleif appinvul. 5 to I, thesu'icrmimidce approved. 5 to 1, theU. S. Civil RiglUs Coinmiauloii foranother four years. Tiic bill nowgoes to the fuU Senate JudiciaryCommittee headed by Sen. Jame:sO. Eastland, D-Miss. The JudiciaryCommittee will open hearings Tuesday on the omnibus civil rightspi'Cgram.

c:

Others Have Rights, Toot i We are sympathetic with the desire of the Ne-igro race in America to obtain the full civil,educational and economic rights to which theyare entitled under the U.S. Constitution, although the bellicose attitude shown recentlyby some Negro leaders makes us doubt theirwisdom and self-control.But we are emphatically opposed to that part

of President Kennedy's "civilrights" program, in Congress that would force a man in privatebusiness to serve customers against his will.Tills attitude is based on legal and moral principles which would hold true even if the question of race were not involved.In the various discussions of this issue whichwe have read recently we have found nowhere aIjoint which seems vital to us — the difference^between a public utility and a purely private^usiness. Yet it is one that is clearly recog-.nized in law.j When a city, a county or a state enfranchises'ja public utility such as telephones, electricity,.gas or transportation it is usually granted a mo-llnopoly. In return, it agrees to serve any per-I son who can pay for its services. The reasonI'for this is obvious: if it didnot do so the citizen could not obtain the service anywhere else.,He would be forced to do without a necessityof life.

In like manner it can be argued with someplausibility that any citizen, particularly anytax-payer, is entitled to any services offeredby the Federal, state, county or city governments.

But a private btislness such as a restaurant,hotel, theatisf" or barber shop falls in neithercategory. It is not a public utility with a monopoly franchise, nor is it a public institution.Private businesses of the type named are many

.. .

in number and operate in keen competition witheach other. In Atlanta and most cities hun-:dreds of them are operated by. Negroes forNegroes. It is only logical and right that others are operated by white persons for an exclusively white patronage. (As a matter of fact,many such businesses will not admit white patrons whom they consider undesirable).If the owner of such an establishment agrees

voluntarily to accept Negro business -- as manyin .-u la lit a recently have done —he has aperfect ri iht to ..to so. That is a very !i" r^rrthing from being coerced into doing it by the |power of the Federal Government. But thosewho do not care for Negro business are notdepriving a citizen of some needed service.There, are many other places where he can obtain it.

The air is filled these days with cries of' ■ minority rights ". But what about' ■ majorityrights", including the right of any citizen toestablish a legal business ,ind conduct it as hesees fit, so long as he operates it honestly andwithin the law?

This right is so fundamental to the Americansystem of free enterprise that we do not believeCongress will abridge it.

Senator Richard B. Russell of Georgia andother Southern senators already have made itclear that they will conduct a "last-ditch" filibuster to prevent passage of this part of theKennedy "cWil rights'|pro|^m.We lufiAlP will not be-.nsieffleW.y-SureJy.thl^ are many men in both the Houseand ^ai^Vfrom all part^ o^ t^a, ynited Stateswho will recognize the seri^rt# ws of the Administration's attack on what has been a cardinal point of American freedom.

' 'fllfl^Ailx.VNTA CONSTITUTION, Friday, July 12, 1963

Talmadge Sees Rights Terror^ i th4ConsHtution Washington Bureau have federal voting registration only major legisj

WASHINGTON—There would be"terror throughout the land" ifPresident John F. Kennedy's civilrights biU became law. Sen. Herman Talmadge said in a radiointerview Thursday night.

"It would take troops all overAmerica to enforce this," theGeorgian said.

But he said he didn't believe theSenate would "approve this billin its present form."

I Talmadge hit hardest at theiree principal sections of theiven-section bill. He scored thoseiartiy.hat would require desegre-Jati«tW som^ i-wivatc businesses,Ifllow the .Justice department to

referees appointed and give thePresident power to withhold federal funds from government programs under which segregationwas practiced.

The senator also predicted thatCongress would pass very littleother legislation this year. At onepoint he said, "it is doubtful thataction on the tax bill can be completed this year."

Later in the interview (on CBSCapital Cloakroom! Talmadgeseemed to indicate he felt the taxbUl had a chance.

"I suspect that outsiide the fieldof civil rights and taxes, the appropriations bUl wUl l>e about th^

result," he said.

The President and his legislative leaders have said the tax billshai-es "uppermost" legislativepriority with civU rights.

Asked to predict how PresidentKennedy would run in the 1964elections, Talmadgesaid it was too far

iclined.

Asked if Presidapparent loss of pAulai-ity in theSouth meant SenJp#vry Goldwa-ter of Arizona wii* picking upstrength, Talmadge said he didnot 'believe the President's loss"had been translated into a particular party or any particularcandidate."

# 'k

Closcmll^

About Mrs. Murphy^s Boarding HouseAtty. Gen. Robert Kennedy faces two prob

lems in promoting a law against racial discrimination in public accommodations. One isto define the businesess to which the law wouldapply. The other is to get the bill passed in anyform.

The attorney general has made it clear thathe does not want the law to apply to smallplaces such as "Mrs. Murphy's boardinghouse." Yet he objects to a dollar cut-off foraffected businesses because it would not beright, and might not be constitutional, to telllarge businesses they could not discriminatewhile small businesses could.

Perhaps the best solution is to leave Mrs.Murphy and the small business distinction outof it, and hinge- the application of the law onbusinesses "substantially" engaged in interstatecommerce. That is what the administration originally proposed, and if the formula seemsvague, at least it is one with which the courtshave been able to deal in federal regulations

applying f?om everything from labor cases tooleomargarine.

In view of some of the Republican as well asSouthern criticism of the proposal, this is themost controversial part of the administrationprogram. To Negroes it is one of the most important; Roy Wilkins, executive secretary of theNational Association for the Advancement ofColored People, says, "The public accommodations problem is the one that irritates Negroesfrom morning to night."

Yet the Chicago convention of the NAACP,though commending the Kennedy program, callsit "inadequate" and seeks, in addition, a national fair employment law and power for theattorney general to sue in beiialf of all civilrights. Desirable as these,; oljj^cgi^ a^,. theNAACP might be better adViseti'snV-lo forRen-trate its efforts on saving the public accobimo-dations plan. To seek ore tj-ppj, a ,Con-gress could result in dumpingn tlic-iil9e3>'tt;ightsprogram into Mrs. Murphy's clidwdgti—ST.LOUIS POST-DISPATCH.

SENATORS STUDtNEW RIGHTS MOVE

gists and other small merchants."That's at least as much in

terference with 'private property' as restriction againstracial discrimination," thisDemocrat said. "A retailer buysthe product and then is toldhow much he must sell it for."

Druggists But No Negroes"The difference is politics,"

he said. "These Senators havedruggists In their states but noNegroes."The Commerce Committee wil

go into its third week of hearings this week on the publicaccommodations section of theAdministration's omnibus civilrights bill. Among the witnesseswill be more Southern Governors.

The House Judiciary Committee will continue its parallelhearings on all sections of thelegislation. A third set of hearings will begin before the Senate Judiciary Committee, on allbut the public accommodationssection of the bill.The Senate Judiciary proceed

ings should be Interesting because of Southern dominance onthat committee. The chairman isSenator James O. Eastland,Democrat of Mississippi, He hasnever let a civil rights bill outof his committee, and no oneexpects him to start now.

Tax Talks Will Resume

Nevertheless, Administrationwitnesses will have to gothrough their paces again be-foi'e the full Senate Judiciarymembership, Tlie first witness will be Attorney GeneralRobert F. Kennedy.The other major Congression

al activity of the week will bea resumption of tax deliberations by the Hause Ways andthe floor by m||summer haveMeans Committdi.There has beim a recess of

more than three weeks In theWays and Means group's effortto write tax-reform and taX'reduction legislation. Earlier

Continued From Page 1, Col. 2

proposal is a novel or far-reaching use of the Constitution'scommerce clause.

Find No Legal NoveltyThis feeling has been ex

pressed particularly by Republicans. Legal experts say there isnothing to it as a matter ofconstitutional law — Congress,in its exercise of the commerce

power, has often gone as far asthe Kennedy bill goes. Nevertheless, the feeling remains.Those thinking about the

Trade Commission Act as abasis for the new legislationsay that it would be difficult todenounce as a legal novelty anapproach first used by Congressin 1914.Of course, underlying policy

objections on the part of somenon-Southern Senators woulddoubtless remain. But at leastthey would not be confused bylegalistic arguments that theSouthern opponents of the billwould exploit, proponents of thisapproach say.

It will be difficult to get support for the ban on segregationin public accommodations froma number of conservative Northerners, especially Middle Western Republicans. Their positionis based on political and philosophical views, not legal arguments.One Democratic supporter of

the bill observed today that someMiddle Western Republicanswho would probably oppose itwere of the so-calledQuality BtMBization Bill. Thismeasure w«|Id allow nationalretail priwMPting by manufac-turere of nrWded goods.Tha prtciMlxlng bill is now be

fore the Commerce Comnolttee.It has behind It strong lobbyingsupport, especially from drug- predictions of a bill's reaching

the floor by mid-summer havebeen abandoned.The hottest Issue facing the

committee wiU be a renewed effort to repeal the 4 per centcredit on taxes that corporationstockholders pay on dividend income. A compromise versionmay pass, although committeeRepublicans are unanimouslyand strongly in fayor of retaining the e xisting credit.

SenateoFane/ May P^fernon TradeSawi

liCC

"ii'

Studies Adapting Language of ExistinCommerce Statutes—New ApproachAims at Meeting Legal Objections

11 By ANTHONY LEWISS yi Ipecial to Vho New York Times

WASHINGTON, July 14 —Members of the Senate Commerce Committee are considering a new approach to meet

commerce, are hereby declared'tm'Iawful.

The approach being discussedwould start with that language.

legal and political objections to | Then Congress would specifical-the Administration's civil rights lly define as one "unfair prac-bill.

The idea is to tie the measureto the language of long-existingstatutes regulating businesspractices. This would indicatethat Congress was following awell-established

tice" the refusal of any enterprise in interstate commerce tosell its products or deal withcustomers on account of race.This would be an approach en

tirely familiar to lawyers. Thepath in using; Qom-tg have long since estab-

its power over commerce to end ashed that a concerted refusala

racial discrimination in commercial establishments.

One statute that committeestaff members and Senatorshave in mind is the FederalTrade Commission Act of 1914.Section 5 of the act begins asfollows:

"Unfair methods of competition in commerce, and unfair ordeceptive acts or practices in

one of the "unfair'condemned by the

to deal is

practices"Trade Commission Act and oth'er antitrust laws.

The reason for tying the public accommodations bill to existing statutary *todd be,basically, to ^ ^efHHfialconcern that the Administration

Continued on Page 16, Column 4

NEGRO RALLY SEENAS THREAT TO BILL

,.VOJ

i Celler SayS: Capital MarchCould C^ Rights Votes-n'-jS

Civil

The Reposed march on Washington by Negro, demonstratorsslated for Aug. 28 might causeuncommitted legislators to turnagainst the President's civilbill, Representative EmanuelL. Celler, chairman of theHouse Judiciary Committee, declared yesterday.The Brooklyn Democrat ap

peared on "Direc^ Line," anNBC television program.Mr. Celler said the demon

stration would not affect hisown vote for the measure. However, he said he hoped integration leaders would recognizethat there were neutrals inCongress who i-esented whatthey consider "pressure, bludgeoning and coercion." ,In effect, he continued, the

demonstration might actuallycause the loss of favorablevotes.For example, he said, one

Western Senator has told him.I'Tm for civil rights — but ifI they stage it [the march] I'm! going to vote against it ]thebill]."Mr. Celler said . he hoped

"better counsel will prevail" to1 cause the leaders to reconsiderholding the march.

Riot Is Feared

WASHINGTON^ July 14 (AP)— Representative James A.Haley expressed concern todaythat the march on Washington"could be the spark whichcould touch off an ugly, bloodletting riot, accompamed perhaps by killings."

Rights in the CityDespite Its Efforts to Help Minorities,New^York Is Under Growing Pressure

No city government in thecountry has exceeded NewYork's in efforts to be sympathetic and helpful on the problems of Negroes, Puerto Ricansand other minorities.In spite of this record, the

Wagner administration is beseton all sides with rising demandsto do even more to assure

equality. Thesepressures, capped

News by many demon-Analysis strations, focus on

furthering integration in the schools

opening jobs.—particularly inthe construction field—sharpening civil rights machineryand winning more policy-making posts in government.Demonstrations have been

sponsored by organizationsranging from long-establishedgroups such as the NationalAssociation for the Advancement of Colored People and theUrban League, which had become almost sedate in theirmarch forward, to newer,brasher groups like the Congress of Racial Equality.The emergence of CORE,

with its aggressive leadership,meant from the outset to the informed that the N.A.A.C.P. andthe Urban League would"either be pushed into the background or be pushed to theforefront." Developments tookthe second course.

Caught by SurpriseThe Wagner administration

was caught by surprise. It hadfelt secure because its recordwas good and because year after year it had the overwhelming support of Negroes andPuerto Ricans at the polls.The feeling was that it

couldn't happen here. In Birmingham, yes, but not here.But it did happen here, and

the administration, stunned atfirst, is still floundering.p

By CLAYTON KNOWLES

lem Hospital annex; construction has been halted for weekson just this issue.The application of a Negro

couple to have their son trans-feiTed to a high school out ofhis neighborhood was denied byschool authorities, who laterreversed themselves on theba.sis of a medical report showing the boy had bronchial asthma. It was said the boy wouldbe less subject to emotionalstress in a school with fewerNegroes.With the Mayor away, charges

of discrimination made againstDeputy Commerce Commissioner Anne M. Kelly were orderedheard by a retired Federaljudge. When the Mayor returned, the order was countermanded and the case was turned over to the City Commissionon Human Rights.A call for an overhaul and

strengthening of the CityCommission on Human Rightscame shortly after its staff wascut and the remaining employeswere given raises.Council President Paul R.

Screvane has proposed barringthe investment of city pensionfunds, totaling more than$3,400,000,000 In securities ofcompanies that practice discrimination. Both the Mayorand Controller Abraham D.Beame, concede the goal islaudables but they questionwhether the proposal is administratively feasible.The one steady hand at the

tiller amid this uncertainty andconfusion seems to be that ofthe Mayor. A first-generationAmerican, Mr. Wagner identifies with minorities both intheir problems and in theiraspirations.

IVIayor Has Guided CityMore than any Individual, he

has shaped the city's approachto civil rights issues whether it,viro(-i,,V u ° u , M-" rignts issues whether it

in housing throrestricted at City Hall and else'where whether unions, taxpayeror minority groups were involved. Many had to be contentwith marching within barricades around the park outsideCity Hall Plaza.Yet for nearly a week now

there has been a sit-in insideCity Hall, at the very gate tothe Mayor's executive offices.The demonstrators brought pillows, blankets, radios—even aguitar—and the sit-in has goneon around the block.When it Mg»n, even the

Mayor was jlsken; he enteredCity Hall 1^^ jide door.An actioh pltfiel set up by the

Mayor propoBid l{i steps to getmore jobs ih the constructionfield for qualified Negroes andPuerto Ricans. But work has

ugh the pioneering Sha.rkey-Brown-Isaacs Actor seeking to open job opportunities in city govei-nment forNegroes and Puerto Ricans.The excesses of some of

the demonstrations may havealienated support for the minority cause among both whitesand Negroes. Yet the Mayor'scalm, deliberate approach, whilesuggestive to some of coddling,has averted tragic incidents andclashes that often attend racialunrest

Administratively, it is a!headache for Mr. Wagner.

Politically it could be aniasset when Prfeeident Kennedy,'viewed by Negdes- as "standing'10 feet high on civil rights,"^looks for a New York runningsmate for the Senate "with a re-yet to be resumed on the Har- back/hrs vi^s

Plea For Rights"WASHINGTON. —' MnPA) . —

iD-his attempt.la^ Tuesday to eii-list tlie; support, of - the nation'swomen-in "the. curreiit. civil rightsfight, President Kennedy" ran intosome fine support .and some unexipected opposition. .Th e • Chief . Executive invited

about 300 ieaders of about 100women's, organizations to 'nieet withhim in the East Room of the WhiteHouse. • :'Collectively, they held a direct

line to the ears of about 50 millionwomen, .since the majority represented organizations with 100,000 ormore members.The organizations Tanged from

the National Association /for theAdvancement of Colored People tothe United Daughters of the Confederacy.FIVE POINT PROGRAMMr. Kennedy urged the^ women to

adopt a five - point program inwhich,they would: '

1. Support the Administration'scivil rights program, e,specially thatpart of it that would open publicplaces such as hotel^. theaters,restaurants and stores to all ; citizens regardless of race, creed orcolor.' ,

i^3 foignirizH'W .r.JhA,\HOCJH

" 2. support," the establishmeht of

leadership trauimg courses for women of all races. t3: Take an active , part, in gettihg

school dropouts back on the class'-rooip -register. ,. T4. Take the lead in setting up

bi-racial and human relations programs that 'Would lead to ,'closercominunlcatipn between ■ responsiblewhite and Negro .tnembers of, thevarious communities. • ■ '5. Drop the coior bar in all wo

men's organizations.At one point, Mr. Kennedy asked

the wcaien to express their feelingsfrankly and freely:-Mrs. Diane Nash Bevels, of At

lanta,' Ga., who represented theSouthern Christian LeadershipConference, told the President: "Itis difficult to participate bn bUracial committees when you mustdemonstrate and go to jail." .She asked Mr. Kennedy If ' he

had "any suggestions for us in thedeep South? Would you come toMississippi and talk to Negro leaders there?"PROGRAM "SHOT DOWN"The President did not answer'her

question'.abUt ■ he drew smiles whenhe VcplitTdiahat his program hi'theSouth had "bbcn shot down", especially -ilf Mississippi,' where "wehave a longi'iva/y to go." .

'.'It haf"' tfiKen two aivisidns: oftroops, t'A'o' deaths, ' and • a goodmany wounded to get one studentinto the, University of Mississippi.There are still 400 troops there."This an.swer did not satisfy Mrs.

Bevels, who ha;d a child .born injail, -After, the -^ohferc-nce was over,'and the wonTqii ..broke :up, ihtd smallgroups, she er -Oressed cfiticai coii-ccrn over a nuniber of Mr, Kennedy's' policies .and actioirs;Her views coincided with those of

Mrs. Gloria Richardson, a leader inthe. recent. demonstratiQus atCambridge, " Md. Both . women joined by other colored. Iqaders in theiroutspoken appraisal of the accomplishments of .the. Nev; Frontier.They were, especialiy .critical of

the. work of some of Mr. Kennedy's.colored ■ advisers, saying that somewere "unreachable'/ while ' otherswore, not..,"in tiinc ..with .the-times.". Mrs. Richardson ■ tiioiight themeeting itself "was not .particularlyworthwhile." Mrs, Grace Hatniltoii,Of' Atlanta, said the subject'Of themeeting was an Itrtportant one, but"Albeit, a little late." , '

DR. ROSA' L. GRAGG,' Dr. Rosa L. Gragg, of Detroit,president of the 100,000-membcrNational Association of ColoredWomen's Club, stood out almostalone among Negro women in herentliusiastic support of .the conference. . - ■

She said the Pre.sident had. given"this'country leadership that hasnever been given sinoe, the daysof Lincoln."

Dr.' Gragg . told rciwrtera that itwas she who first suggested Kennedy during his" June 22 conferencewith a group of -Negro' leadersBrief remarks were made" to the

Banfjlf rs to TestifyAgaitist Rights mil

Gov. Carl Sanders will testify in la^^ufy againstPresident John F. Kennedy's civil rights program TheConstitution learned Tuesday. [Sanders will accept an invita

tion from Sen. Strom Thurmondto give his testimony before theSenate committee now consider-"ing the bills.

A source close to the governoraid the te.stimony will be firmlygainst the proposals "but won'to into ail the Communist, social-t talk that other witnesses havesed."

Instead. Sanders plans to arguejgainst the proposal on legalwecedents, the aide said.

Capitol observers said his decision to testify reflects strong'sentiment in the state against therights bills which have stirred a'stoi-m in Washington and dead-deadlocked many other pieces oflegislation. .

His appearance will be delayeduntil late July by his .attendanceat the National Gn\wi'taors Conference ia.ilisroi ,n«xk week andthe National .4.ssoclation of CountyOfficers in Denver the followingweek.

Several other Southern gover^have testified, includingjors

j^ovs. Ross Bavnpft of Mississippipd George Wallijj!# of Alabama.lijSandei'.'*' appcai<8noe likely wilitfe on either July 28br 29. He had-Dt decided' until early this week jJietlier to testify.

:. women by Vice President LyndonB. Johnson and Attorney "GeneralRobert F. Kennedy. Later, at ameeting in tiie InterdepartmentalAuditorium -tfkllrftliby-'Ivirs. Mildred.

'McAfee HdftBh.'-'M Atlanta, whowas chosen to hbad'Chc -group, they

j heard from Assistant Secretary, ofState Esther peteFsbii.Among otber women who took

' part in the White House conferencewere: Dr.' Sarah Bateman, MentalHealth Service,,Charleston, W. Va.;Mrs; bollie ROblnson, former assistant to Mrs, Peterson and nowofficer in the Motel Ser'vice Union,New York; Mrs! Harriet I, Pickens,New York Commission on HumanRights: .Mrs. Patricia Harris,: assistant to

Mrs. Peterson; Mrs. Maida Springer; AFLjGIO, Washington; Dr.Jean NOble, national : president.Delta Sigma Theta. Sorority, NewYork; 'Mrs. Christine Ray Davis,staff director, HoUse Committee onGovernment Operations, washing-ton; Mrs. 'Ethel Payne Women'sDivision, Democratic National 'Committee.

Mrs. Julia Porter, Girls pi-iendlySociety; Mrs. Mable Staupers,Washington,. D. C.; Mrs. VelmaMcEwen Strode, . Washington Urban League; Mrs. Vcrda Welcome,Baltimore, Md.; ,Mrs;„Kft'tle Whick-ham,. president, l^atlffl'lai BeautyCulturists League, Orleans.

Dr. Helen Edmonds, North Caro-flina_ College,. Durham; Mrs. Cer-i^no.ria Johnson^ Washington bureau,'Nathional Urban League; Mrs.Erma Dixon, Maryland House ofDelegates Baftimore; Mrs. MarjoriesMcKenzie Lawson, municipal judge,Washington; Mrs. Juanita Mitchell,attorney, Baltimore. .

,Mrs. Esther LaMarr, Detroit;Mrs. Theresa Lindsay, Los Angeles;Mrs'. Louis Martin, Washington;Mrs.' lillliam McDaniel, NationalAssociation of College Women,Richmdrid, Va.; Mrs. Fanriic Allen,AIJL-CIO, Montgomery, Ala.

-Mrs. Thomasina Johnson Nor-ford. New York City; Mrs. VelPhillips., Milwaukee, Wis.; Mrs.Ruth; -Jackson, southern BeautyiCatgue. Mngninghani^ AiVa.: Mrs.Keisey Beshears, St. Joseph. Mo.;Mrs; Edith .. Sampson, municipaljudge, ClTicago; Mrs. Jeanne Dol-a'.u-ion Dago, Chicago. '11

Wallace Ass

Ignore LawsWASHINGTON, July 16 (AP)-

Gov. George C. Wallace of Alabama declared Tuesday he wouldmake no effort to help enforce afederal public accommodationslaw nor would he encourage com

pliance with it in his state."I would just go ahead and be

the governor of Alabama and letthe federal folks try to enforceit," Wallace told the Senate Commerce Committee.

In that connection the governor/restated his view it would take'an army of federal agents ortroops to enforce a law openingRestaurants, motels and theaters

id other places of business toacial integi-ation.Wallace returned to the com-littee to complete the fiery tes-imony against President Ken-ledy's bill which he began Mon-

Jlay.

MEANWHILE, Atty. Gen. Rob-;rt F. Kennedy's appearance bc-:ore the Senate Judiciary Com-nittee on the President's overall civil rights program was de-'erred until Wecjnesday, Thatwill be Robert Kennedy's thirdound at the capitol in the civilrights fight—and undoubtedly thetoughest m view of the weight ofSouthern membifli^ip on the committee.

After arriving at the packedhearing room. Kennedy was toldmy Chairman dame's O. Eastland,D-Miss.. that hd might as well return to his jlti^llce Departmentoffice since d committee members 1i||d«jK|^ statements to make.,Eastland is one of the strongest

foes the whole administrationjci\ il rights package has on Capitol Hill.

Sen. Sam J. Ervin Jr., D-N.C.,said it would take him about anhour to read his statement evenif he hurried thi'ough it.

Sen. Philip A. Hart. D-Mich., asponsor of the administration program, said he would withdraw astatement he intended to make, inview of what he called urgency^of acting on the legislation.

HART .S.^ID that in his judgment the nation had come "closetto disaster in Birmingham thai"in Cuba."

Another supporter of the billSen. Edward V. Long, D-Mo., salehe would put his statement in th(record, but both Sens. Everett MDirksen. R-lll., and Kennewi BKeating, R-N.Y., said they hacbrief jM^n^ts they wanted t(

It oecame apparent that Kennedy would not have a chanctto testify before the Senate meat noon, and unless an e.vcegfiorto the rules is gianted, conMijittees ma.\' not sit aftei' that.

Wallace's declaration he woiilcnot helii enforce a public accqili

exchange with Hart, which evengot into the question of whetherHeaven will be segregated.

THE GOVERNOR had concluded a lengthy friendly questioning by Sen. Strom Thuntiond,D-S.C., with the assertion thathe bore no hatred for Negroesor anyone, that he believed inGod. and tried to follow religiousteachings.

Hart, a member of both theCommerce and Judiciary committees, said that since Wallaceha^l introduced this "solemn note"into the proceedings, he wouldlike to ask, "What you thinkHeaven will be like, will it besegregated?"Wallace answered that "1 don't

think any of us knows whatHeaven wUl be like." He wenton to say "God made us all, hemade you and me white, and hemade others black. He segregatedus."

Hart said he would not pursueit further except to comment thathe presumed "We would all beone family hi heaven under oneloving Father."

AT THE jutlioial'y committeehearing, ErvlTl''iV)bli|»Wed each ofthe seven/ pai |»:t«lli)tlhQ! administration's ontmibutnubill and denounced the whote-tpnckage as unconstitutional, undesirable and unnecessary. jHe called the legislation "as

di-^Sc ' and indefensible a 'posal as has ever been submitted Gto this Congress." '!Much of Ervin's criticism was ;

directed at the public accommo-dgtiops^ pf^v^ion,^ with, wliich the ;Conuuerc'e "C^'d^tf^''jji^/. dealing . 1as a separate v-rn|(^ai»^jr!t. Ervmsaid it is "condemned by its manifest unconstitutionality."

Ervin also argued that libertyis bemg destroyed in a drive forequality and that "the rights ofall are being sacrificed for thespecial rights of a few."Long, in the statement he put

in the record, contended on theother hand that the proposed legislation does not seek to createany right that does not alreadyexist.

Asserting IJat discriminatorypractiOcS^.flhfJ f«2«|ed a gravedanger for |a||o|. yik)ng saidthe cirtl rights bill "merely seeksways and means, tq_telp make theguarantees of our' Cmistitution, thelaw of the land, a reality for al\.Americans."

i