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The Papers of Clarence Mitchell Jr.
                   
              and of the NAACP Washington Bureau 1942 - 1978




 

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Synopses

Lion in the Lobby
Volumes I&II
Volume III
Volume IV
Volume V


Tables of Contents

Volumes I&II
Volume III
Volume IV
Volume V
 

Documents

Sample Documents I
Sample Documents II
Sample Documents III
Sample Docs III Cont..

Sample Documents IV

Sample Documents V

 
Background

Mitchell A Profile
Project Scope
Mitchell's Reports


 


Prof. Denton L. Watson

About Prof. Watson
About Us
Contact Us
Blog


 

 

LEGISLATION

 

“It was undeniable that I was arrested twice, spent two days in jail, was inconvenienced, and was recommended for separation (from the Air Force) merely because I wished to remain in a seat on a bus that I had paid for, a seat that the very Constitution of the United States guarantees me. It is evident, I hope, that one Federal law could have prevented the aforementioned occurrences and a thousand kindred ones. I hope they will be prevented in the future.”

 

The foregoing words were spoken in 1954 before the House Interstate and Foreign Commerce Committee during hearings on legislation to end segregation in interstate travel.[1] The speaker was Lieutenant Thomas Williams a 28 year old former officer of the U.S. Air Force. He had enlisted at the age of 18, but was dropped from the Service following his arrest in Florida because he refused to accept segregation on an interstate bus.

 

Lt. Williams was such a clean cut, fine young man that even southern members of the committee grudgingly commended him.

 

This year, Senators Magnuson, Case of New Jersey, Ives, Butler, Humphrey, Lehman, and others have introduced bills to eliminate segregation in interstate travel. Similar bills have been introduced by Congressmen Heselton, Powell, Scott, Dawson and other members of the House. Senator Magnuson has promised that he will hold hearings on the Senate bills in February or March. Congressman Heselton is working for early consideration and prompt report on his bill and others.

 

The Anti-Jim Crow Travel Bills are S. 657, (Ives-Butler), S. 908 (Magnuson, Lehman, Douglas, Humphrey, Jackson, McNamara, Morse, Murray, Neely, Neuberger, and Pastore); H. R. 434 (Heselton), H.R. 691 (Powell), H.R. 2877 (Scott), H.R. 3252 (Heselton), and H.R. 3301 (Dollinger).

 

This proposed legislation is not placed at the beginning of this report because it is more important than any other bill. It is mentioned first out of respect for Lt. Williams. He called the Bureau a few weeks ago to indicate his willingness to testify if hearings were held. He was killed in the crash of a jet aircraft during the month of January while serving with the New Jersey National Guard.

 

FEPC Bills

 

Fair Employment Practice proposals (S. 899 in the Senate and H.R. 690 and others in the House) have been introduced and referred to the Labor Committees in the Senate and House.

 

In the Senate, the sole uncompromising opponent on the committee is chairman Lister Hill of Alabama. In the House, there are many anti-FEPC committee members and the chairman is Graham Barden (D.,N.C.). Neither Senator Hill nor Congressman Barden will voluntarily agree to hearings on FEPC Bills.

 

It is hoped that Senator Lehman, who is a member of the Labor Committee, will be made chairman of a subcommittee to hold hearings. This could be accomplished if his fellow committee members voted to override the chairman’s obstruction. In the House, Congressman Powell has said that he will seek appointment as chairman of a sub-committee to hold hearings on a bill, but, if he is defeated in this, will work actively for a discharge petition which requires 218 signatures.

 

Omnibus Bill

 

We wish to call attention to the Omnibus Civil Rights Bills (S. 907, H.R. 389, and H.R. 627) which have been referred to the Senate Judiciary Committee, headed by Senator Harley Kilgore of West Virginia, and to the House Committee, headed by Representative Emanuel Celler of New York.

 

Because these bills make a broad attack on civil rights problems, Mr. J. Francis Polhaus, counsel in the Bureau, has prepared a memorandum explaining what would be accomplished by this proposal. Copies of his memorandum are available at the Bureau. Congressman Celler has promised to hold hearings in March. As yet, we have no commitment from Senator Kilgore on when he will hold hearings.

 

Other civil rights bills now before Congress include a proposal to establish a commission on civil rights, an anti-poll tax bill, and an anti-lynching bill.

 

Proposed Constitutional Amendments

 

On the reverse side of civil rights, Senator Holland of Florida is leading an effort to get S.J. Res. 29 passed by the Senate. This resolution is a Constitutional Amendment to outlaw the Poll Tax. We have registered our opposition to this measure.

 

Introduced in the Senate and the House, also, is a proposal to end the electoral college and establish a system of proportional allotment of popular votes. S.J. Res. 31 in the Senate was introduced by Senators Price Daniels of Texas, Hubert Humphrey, and others. This proposed amendment was defeated in the 82nd Congress through the efforts of the NAACP. Unfortunately, at that time, very few liberal organizations supported us in this action because many persons, including President Truman, seemed to believe this amendment would be a useful advance in this country. We will continue our opposition, of course.

                                                ----                                          ----

The Bureau has sent to each member of Congress a statement outlining our objectives in the legislative field and asking for support.

 

The administrator was in Washington in connection with matters related to revision of the Senate Rules. It is presumed that he will discuss this subject in his report, and, for that reason, no mention of it is made in the Washington Bureau report.

 

Federal Aid for School Construction

 

Several bills to provide Federal aid for school construction are before Congress. The president has sent a message to Congress on this subject. The director appeared before the Senate Labor Committee to testify on S. 5 and other bills. In our testimony, it was recommended that:

 

(Each state plan requesting Federal aid shall) “certify that school facilities of the state are open to all children without regard to race in conformity with the requirements of the U.S. Supreme Court decisions.”[2]

 

This simple request has precipitated an attack by some of the supporters of Federal aid who say that inclusion of it will kill the bill.

 

One criticism worthy of note came from Mrs. Agnes Meyer, wife of the owner of the Washington Post and Times Herald. Mrs. Meyer told the director over the telephone that if inclusion of this provision resulted in the killing of the bill she would strongly criticize the NAACP and would “personally demolish” the director of the Bureau. She asked that her views be conveyed to the NAACP Board, which is why they are included in the report. The director is unable to say what Mrs. Meyer meant with reference to him but presumes that this will become clear if and when the demolition begins.

 

Manpower Bills

 

After several conferences with military officials and interested civilians, we have notified the Department of Defense that the proposed National Reserve plan will be discriminatory in many states because of Jim Crow policies in National Guard units. This legislation is before a House subcommittee of the Armed Services Committee, headed by Representative Overton Brooks (D., La.). We have been advised that we shall be heard on it. Meanwhile, Carter L. Burgess, assistant secretary of Defense in Charge of Manpower and Personnel, has told us the following about the plan:

 

“Young men who are subject to military service, may volunteer for service, within quotas to be established under the proposed law, in either the Reserve of the Army, Marine Corps, or Coast Guard or in the National Guard of a state. In either case, these young men will be required to participate in a six months training program and assume a nine and one-half year military service obligation.

 

“The well known integration policy of the Department of Defense, will, of course, be fully applicable to the six months training program. Furthermore, no change is contemplated in the integration policy applicable to service in the Reserves of the military services. With respect to Reserve service with a state National Guard unit subsequent to the six months training period, the laws and policies of the state are applicable.”

 

We have underlined the reference to the National Guard in order that it may be properly emphasized in the mind of the reader.

 

EXECUTIVE POLICIES

 

Many newspapers have mentioned with approval the President’s issuance of a new executive order strengthening Fair Employment policies within the Federal Service. This order, which was ready during the spring of 1954 but not issued, was recommended to the White House by the Washington Bureau.

 

By one of the ironies that sometimes accompany events of this kind, the new order has halted action on several important cases being processed by Mr. Polhaus before the Federal Fair Employment Board. However, this difficulty will be overcome shortly, and, because of the increased statue [stature] given to the program, we possibly will obtain better results.

 

On the matter of employment discrimination in government, the Washington Bureau’s annual report contained the following case which concerned:

 

“A young woman who discovered a note in which her supervisor called her a darky and joked about how she got the ‘run-around’ when she complained about unfair employment practices. When she brought the note to the attention of her superiors, she was fired for having the personal property (i.e., the note) of another employee in her possession.”

 

This matter is now satisfactorily settled because of able handling by Mr. Polhaus. An excerpt from the letter of appreciation sent by the complainant reads as follows:

 

“Recently, in my behalf, contact had to be made with the Fair Employment Officer of the Army. This was done very ably by your representative, Mr. J. Francis Polhaus. I had been discharged from my Civil Service job due mainly to racial discrimination. Quietly, with determination and know-how, he was able to see me restored to duty on January 12, 1955.

 

Please accept the enclosed donation ($25.00) to help carry forward the program of a wonderful organization.”

 

President’s Committee on Government Contract

 

In the annual report, we also mentioned that the secretary and the director have consistently sought action by the President’s Committee on Government Contracts on the Capital Transit Company of Washington, D. C., as well as the Telephone Companies in Baltimore and Washington. These companies have a long record of denying employment to colored people who seek jobs as operators.

 

<It now appears that the Capital Transit problem will be resolved at last. The following is an excerpt from a letter sent to us by the Committee on Government Contracts. We made official inquiry because there had been extensive newspaper coverage of the agreement of >

It now appears that the Capital Transit problem will be resolved at last. We made official inquiry because there had been extensive newspaper coverage on the agreement of Capital Transit to hire colored operators, but we had no direct word from the committee about whether the case was closed. The following is an excerpt from a letter sent to us by the Committee on Government Contracts:

 

“This will acknowledge your letter of January 19 wherein you inquired as to the status of several complaints which your organization has filed with the Committee.

 

“Our Committee has not officially closed the Capital Transit Company matter, although the company has informed us that they have upgraded a number of qualified Negroes, to become platform operators. These men are currently undergoing a process of training and have not as yet become full-fledged operators. Our Committee intends to keep this situation under review for a period of time. When, in the opinion of the Committee, the matter has been satisfactorily resolved, we will, of course, inform you thereof.

 

“With reference to Chesapeake and Potomac Telephone Company of Washington, our special subcommittee is still negotiating with the company. We have made certain progress in this case but a great deal remains to be done and our Committee does not at present regard this matter as being satisfactorily resolved.

 

“The complaint against the Chesapeake and Potomac Telephony Company of Baltimore is currently being investigated by the agency having a contract with it and as yet we have not received the investigative report.”

 

The Director wishes to call the Board’s attention to the fact that much of the work on the Transit and Telephone Companies was and is handled by Mr. John Roosevelt, who is a member of the Committee on Contract Compliance.

 

During the month of January, the Director and Congressman Powell had a conference with Vice President Nixon to discuss ways of strengthening and speeding up the Committee’s work.

 

Ten Per Cent Deal

 

The National Association of Home Builders met in Chicago this month and repeated its “pledge” to build ten per cent of its total housing program for Negro occupancy. This, of course, is coupled with the proviso that “suitable sites” must be found. This Jim Crow quota arrangement has the approval of Albert Cole, administrator of the Housing and Home Finance Agency, who said that it should be applauded by the whole country. It also appears that Joseph Ray, Head of HHFA’s racial relations service approves this policy.

 

We have again reminded the Attorney General that the problem of government policy in housing is one that urgently demands attention.

 

South Africa Sinks Navy Policy

 

The carrier Midway of the U.S. Navy visited Capetown, South Africa, this month. Its captain and the U.S. Consul agreed to a South African requirement that colored personnel (Americans of Japanese, Filipino, and African ancestry) would be segregated ashore.

 

We urged the Navy not to visit Capetown and asked for a conference with the Secretary of Navy. He was ill but his Naval Aide said the matter would be handled by the Acting Secretary. We then asked for a conference with the Acting Secretary who was out but his office advised that a telegram would be sent to us. When the telegram did not come we traced it through the Navy Communication Center and found that it had been sent but with a notation that it be delayed until the following morning. By that time, of course, the Midway was in Capetown.

 

The Navy said it had to use Capetown for logistic reasons. However, our investigation revealed that the Navy was on a so-called good will visit.

 

We then asked the State Department to indicate what part it played in this matter because the Navy said diplomats had “arranged for the visit.”  We also pointed out that the visit was a violation of previous Navy policies. Scott McLeod, Administrator of the Bureau of Security and Consular Affairs, has advised that he is investigating the matter.

 

A question on this was raised at the President’s press conference, but he declined to comment. Later, the Navy issued a statement saying that the visit helped to promote democracy. At least two representatives of the daily press willfully and knowingly wrote glowing stories about the success of the Midway’s visit.

 

At the request of Congressman Powell, the Library of Congress asked the Navy for a copy of the previous policy which would have barred the Midway’s visit. At first, the Navy said it had no record of any such policy. When the identifying numbers of the policy statements were cited, the Navy said that part of it (P.R. 300, Serial 3101) was a document that could not be released. This is an incredible blunder because the Washington Bureau has a copy of that policy statement which we will furnish to any interested person upon request.

 

Senators Lehman and Humphrey promptly joined us in protesting against the visit of the Midway to Capetown. Senator Case of New Jersey is also interested in the policy question we have raised. The most recent Navy statement was sent to Senator Humphrey. It enclosed a photostatic copy of a laudatory article of the Midway’s visit to South Africa. This article appeared in the New York Times. The Navy made no mention of an editorial in the Times condemning the Midway’s visit.

 

Mississippi Problems

 

A number of the problems of our Mississippi members are being handled by the Bureau. These include:

 

  1. Dr. T. R. M. Howard of Mound Bayou, Mississippi, was being threatened with induction into the Army by his draft board, apparently because of his civil rights activities. We took this matter up with the Selective Service and have been assured that Dr. Howard will not be inducted.

 

  1. After clearance with assistant special counsel, we urged Attorney General Herbert Brownell not to recommend appointment of Gerard Brandon of Mississippi to the U.S. Court of Appeals for the Fifth Circuit. Brandon is one of those leading the fight against enforcement of the Supreme Court decision in the school cases. The press in Mississippi had reported that he was under consideration for the post. The Attorney General has turned this matter over to Mr. William Rogers, Deputy Attorney General. We have also asked Mr. Rogers to withhold endorsement of any Mississippi lawyer who is a part of the Anti-Supreme Court conspiracy in Mississippi. This action was taken after we received word from Mr. Carsie Hall, a Jackson lawyer, saying that 1100 lawyers in the state had agreed to join a concerted drive to circumvent the Court’s decision.

 

  1. The director of the bureau and Mr. Polhaus met with the head of the Farmers Home Administration and two of his assistants on complaints that FHA assistance is being denied persons because they have been active on civil rights.

 

Walter S. Strider and Shirley O’Neal, of FHA, in Mississippi, have publicly denied that loans were withheld because of civil rights activity. O’Neal, who is colored, denied that he asked whether the applicants were NAACP members.

 

The conference with FHA officials in Washington was not satisfactory. They were unable to produce a direct refutation of the charges made. The FHA officials said that to prove that loans had not been denied because of civil rights activities of applicants it would be necessary to reveal information on the credit status of the complainants. The officials insisted that they could not reveal this information without a signed authorization from the complainants. We are requesting this authorization and will seek another conference on the matter.

 

During the conference, the GHA officials stated that they had also received an inquiry from Senator Stennis (D., Miss.) on this complaint.

 

  1. Mr. Polhaus discussed the case of Charles Evers, a former radio disc jockey, with the Federal Communications Commission. Mr. Evers was released by station WHOC of Philadelphia, Mississippi, because:

 

“Economic pressure on the owner (of the station) in the form of curtailing the advertisements and non-purchase of his wholesale goods, made it necessary that Mr. Evers be released (with) regrets of the owner himself.”

 

Mr. Evers stated that he did not wish to press action through FCC.

 

Birmingham, Alabama

 

The Bureau referred to the Department of Justice the case of Mr. Charles Patrick, who was brutally beaten by two police officers of Birmingham, Alabama, because he had been involved in a dispute over a parking place with the wife of one of the officers. The dispute arose when the officer’s wife attempted to take the parking space that Mr. Patrick was backing into. She advised him that her husband was a policeman and would cause trouble for Mr. Patrick. Mr. Patrick left the scene and was later arrested and taken to jail, where he was beaten in his cell by the two officers, one of whom was the husband of the woman involved in the incident.


 

MS: NAACP II: 656, DLC.

[1] 5/13/54, Hearings, 42. See also 12/7/53, and headnote on Struggle to End Jim Crow Travel, Vol. III.

[2] Mitchell noted in his prepared statement noted that, rather than obeying the Supreme Court’s decision in Brown v. Board of Education, four states to date – Georgia, Louisiana, Mississippi and South Carolina – had enacted legislation to preserve racial segregation. 1/27/55, Hearings, 249. Mitchell next testified before the House Committee on Education and Labor. 5/20/55, Hearings, ????. See 6/6/55 for reference to this testimony.

 

 

 

February 9, 1956

 

Preparations for Legislative Action

 

On September 7, 1955, Mr. Wilkins, Executive Secretary; Mr. Marshall, Special Counsel; the Director of the Washington Bureau; Mrs. Hurley, Southeastern Regional Secretary; and Mr. Evers, Field Secretary for the State of Mississippi, met with Warren Olney III, Assistant Attorney General, to discuss some of the problems of violence and denial of right to vote we now face in the South.

 

At the conference, it was agreed that among other things the Department of Justice had an obligation to tell the Congress where its existing powers need strengthening in order to cope with crimes such as the Till[i] case, the shooting of the Reverend George W. Lee, and the persistent program of denying colored people the right to vote.

 

As a follow up on this conference, the Director has had meetings with the Attorney General and members of Congress in an attempt to work out a coordinated approach to the legislative side of this matter. The following are the results of these meetings:

 

1.         The Attorney General has studied bills which are now pending in the Congress and has prepared recommendations which the Director is advised incorporate some of the provisions in pending bills that deal with protection against violence and protection of the right to vote. The Department of Justice has promised that these recommendations will reach the Congress in February.

 

For the record, it should be noted that the Director of the Bureau has not seen the actual text of the Department’s proposals and cannot, therefore, say whether they are adequate or acceptable.

 

It is also noted, for the record, that the idea of a bi-partisan Commission to investigate civil rights violations appears to have gotten its main support from the White House. Congressman Frelinghuysen (R., N.J.) has introduced H.R. 8350, which is a bill to establish this type of commission. Needless to say, there will be many who will try to use the commission idea as an excuse for not acting on other bills.

 

2.      There is now in the House of Representatives a bi-partisan working committee of Congressmen which is the nucleus of a larger group that is pledged to support a civil rights program. The working committee has agreed that a meeting of all Congressmen who are in favor of civil rights will be called as soon as the Justice Department’s recommendations are sent over to the Hill. At that meeting, the group will either support the Justice Department’s recommendations or agree upon changes which will strengthen these recommendations, if necessary.

 

Because hearings on Civil Rights Bills were held during the summer of 1955 by the House Judiciary Subcommittee No. 2, the bi-partisan group of Congressmen agreed that further hearings in the House are unnecessary and all effort should be concentrated on getting a bill or bills out of committee.

 

3.         The Director has met several times with Chairman Emanuel Celler of the House Judiciary Committee who is also a member of the group working for a bi-partisan approach to civil rights. The current legislative situation has also been discussed with Thomas J. Lane (D., Mass.), Chairman of the House Judiciary Subcommittee, which is in charge of Civil Rights Bills. Mr. Lane has declined to give a specific commitment on when his subcommittee will act on the pending bills.

 

4.         The Director has talked with Senator Harley Kilgore, Chairman of the Senate Judiciary Committee, Senator Thomas Hennings, Chairman of the Senate Judiciary Subcommittee on Constitutional Rights, which handles civil rights legislation, and also with other members of the Senate on the question of whether hearings will be held promptly on Civil Rights Bills.

 

The Director has advised Senator Hennings that the Attorney General has stated that he is willing to appear at these hearings and testify in person. As yet, there is no commitment from the Senate Judiciary Committee or the subcommittee on a specific time of hearings.

 

Some members of the Senate have suggested that, when the Attorney General sends over his recommendations, it will be well to have these introduced as a bi-partisan bill. In view of the fact that no hearings have been held in the Senate, introduction of these recommendations as a new bill would not in itself cause any unnecessary delay, provided, of course, the recommendations are sent to Congress during the Month of February.

 

Passage of Anti-Violence Bill

 

The House has passed H.R. 5205, which is an NAACP supported bill to protect servicemen against violence. This bill was sponsored by Representative Celler of New York. Other sponsors of this bill in the House were Congressmen Boyle of Illinois and Powell of New York. Passage of the House Bill was arranged chiefly by Chairman Celler of the Judiciary Committee with the help of Mr. Lane, Chairman of subcommittee No. 2

 

The companion bill in the Senate is S. 1089. Senator Lehman of New York, chief sponsor of the Senate Bill, has been doing extensive and careful work through members of his staff to obtain Senate passage of this bill. It has been approved by the Senate Judiciary Subcommittee on Constitutional Rights, but Chairman Hennings of that subcommittee has not officially reported it to the full committee.

 

Plans for Civil Rights Conference

 

Pursuant to the agreements of organizations cooperating in the Leadership Conference on Civil Rights, there will be a nation wide meeting in Washington on March 4, 5, and 6. The Director has had the assignment of obtaining meeting places.

 

After a conference with the Secretary of Labor [James B. Mitchell], we have been granted use of the Interdepartmental Auditorium for Sunday evening, March 4, and all day Tuesday, March 6. The Auditorium is not available on March 5 during the day because of a meeting which the Department of Labor is holding.

 

Other facilities for the meeting are at the Willard Hotel where the Ballroom will be available for meetings all day Monday, March 5. We have a verbal commitment that the Metropolitan Baptist Church, 1225 “R” Street, N.W., will be available for a Sunday afternoon meeting on March 4.

 

The Bureau has reservations for approximately 150 hotel rooms during the conference. It is requested that anyone who desires a room should so indicate before February 20. The reason for this request is that three of the hotels, which are holding a small number of rooms, will not hold them beyond February 20 without specific commitments on occupancy.

 

The Director has submitted to the Secretary recommendations on composition of the delegations that come to Washington.

 

School Construction Bill

 

After a number of false reports on the prospect for immediate action, the School Construction Bill, H.R. 7535, is still stalled in the House Rules Committee. There was a rumor that the bill would be reported out with a closed rule which would prohibit amendments on the floor. There now seems to be no possibility that the bill will come out of committee with a closed rule. The Rules Committee is deliberately delaying action on the bill and, at the time this report is written, there is no certainty on when H.R. 7535 will be reported out.

 

The Director and Congressman Powell have cooperated in documenting the position of the Executive Branches of Government on the matter of giving Federal Funds to segregated schools. At this time, we have the Comptroller General, the Department of Agriculture, and the Department of Health, Education, and Welfare on record saying that Federal funds for education will not be withheld from segregated schools unless there is a specific Court test on the issue.

 

On February 2, 1956, Congressman Powell called upon the President to state whether he had a legal opinion from the Attorney General that the Executive Branch had authority to withhold such funds. Mr. Powell also asked the President to state himself, or through the Attorney General, that funds made available by pending legislation would be withheld from states that defy the United States Supreme Court decision on the matter of school segregation.

 

At this time, President Eisenhower and former Governor Adlai Stevenson are both on record in opposition to the Powell Amendment. Former President Truman stated in Minneapolis that he supports the amendment.

 

Passage of H.R. 5649, re Applications for Writs of Habeas Corpus

 

The House of Representatives has passed a bill to restrict the use of Writs of Habeas Corpus. This is highly technical legislation that has the support of the Judicial Conference. We are continuing our opposition to the bill now that it is in the Senate. The Director has been advised by a key member of the Senate that U.S. Judge John Parker is exerting a considerable amount of pressure to get this bill passed.

 

Federal Communications Commission

 

In previous reports, the Bureau pointed out that we have complained to the Federal Communications Commission about a newspaper story which quoted Fred Beard of Station WJDX in Jackson, Mississippi, as boasting that he had cut off a program on civil rights. According to the story, Mr. Beard told a meeting of the White Citizens Council that when he cut off the program he put up a sign saying “sorry cable trouble.”

 

We now have a report from FCC on this matter in which Mr. Beard insists that he was misquoted in the newspaper and that he did not have a contract to carry the program in question. The license to operate the station expires on June 1. Any protests against continued operation of it by the present owners will be heard by FCC.

 

Post Office Department

 

The Post Office has denied that its station at Elloree, South Carolina, withdrew the use of a box from Mr. L. A. Blackman because of his civil rights activities. During the investigation, the Post Office Department said that it interviewed one of Mr. Blackman’s witnesses who denied any knowledge of the matter. It is the Bureau’s opinion that Mr. Blackman was denied the use of the box but, in view of the collapse of one of his witnesses and because of other technical details, it may be impossible to prove this.

 

Atomic Energy Commission

 

The Atomic Energy Commission has agreed to investigate complaints against its Savannah River Works in South Carolina. It is alleged that segregation has been introduced in organized recreation. Under AEC regulations, segregation is forbidden at the Savannah River Works.

 

Anti-Civil Rights Measures

 

S. 2844 (Thurmond, South Carolina) and H.R. 8160 (Riley, South Carolina) are identical bills which would deny tax exemption to any organization that engages in litigation to which it is not a party.

 

H.R. 8906 (Matthews, Florida) would withdraw jurisdiction from all Federal courts and agencies to hear cases involving the administration of State educational systems.

 

H.J. Res. 495 (Vinson, Georgia) proposes a Constitutional amendment giving the States “the right to manage their own internal affairs with respect to any matter not expressly forbidden by the Constitution.”

 

S.J. Res. 127 (Eastland, Georgia) proposes a Constitutional amendment prohibiting interference with “the power of any State to regulate health, morals, education, marriage, and good order in the State.”

 

S. J. Res. 137 (Robertson, Virginia) would provide that a State could meet its obligations under the 14th Amendment by providing either desegregated or “separate but equal” public school

 

MS:

[i]

 

 

September 6, 1957

 

Cliches and defeatism about civil rights legislation bowed to determined effort and hard work in the 85th Congress.

 

In spite of funeral predictions that the bill would die in the Eastland dominated Judiciary Committee, in spite of the longest and silliest filibuster speech in the Senate’s history, and in the face of numerous tricky obstructions, a right to vote bill was passed on August 29, 1957.

 

In due time, this legislation will make the Congress itself a more realistic reflection of the American scene because it will guarantee that future southern delegations in the Nation’s highest legislative body will include qualified colored men and women.

 

When this legislation is enforced, there will be no more flummery about how many bubbles there are in a bar of soap when colored citizens seek the right to register. After the stern restraint of a Federal injunction has been applied, those who used force, economic restrictions, and deception to keep the voting lists lily white will realize that the vote must be given to all without regard to race.

 

We who assisted at the birth of this legislation and have worked without many of the tools that we needed for success understand that we now have a new weapon against jim crow. We shall see to it that the race issue is blasted from southern politics.

 

This legislation started out as a four part bill. Each part was designed to perform an important task in the civil rights field.

 

Part I establishes a commission to get the facts and pave the way for additional Federal legislation.

 

Part II removes the civil rights function from the broom closet in the U.S. Department of Justice and makes it a vital division headed by an assistant attorney general.

 

Part IV of the bill gives new protection to the right to vote in time for the Congressional elections of 1958.

 

All of these are now safely through the Congress.

 

One of the parts of the bill, which in the opinion of the director is no more or less vital than Part IV, did not get through in this session.[1]

 

Significance of Part III

 

Getting some of the friends of civil rights to see the importance of Part III was one of the difficult jobs confronting the bureau when this bill was introduced in the 84th Congress.

 

Representative Kenneth Keating (R., N.Y.) issued a press release dated September 4, 1957, in which he said of the school crisis at Little Rock, Arkansas:

 

“The Governor’s action in this case, if it proves unjustified, will point up the necessity for further legislation to protect the Constitutional rights of our citizens . . . Part III . . . would have fulfilled that need by enabling the Federal Government to act in the first instance on behalf of citizens . . . Had the Attorney General been authorized to act from the beginning in the situation in Arkansas, all of this trouble could have been avoided.”

 

When we were enlisting support for the civil rights bill, there were so many people who professed not to see the advantages of Part III that on April 16, 1957, J. Francis Pohlhaus, Washington Bureau Counsel, expanded previous memoranda he had written on this subject into a comprehensive statement.[2] This statement and the legislative history of Part III were given wide distribution by the bureau after Senator Richard Russell (D., Ga.) pretended to find some hidden deception in Part III.

 

We have never underestimated the potential good in Part III. The director is happy to report that Representative Emanuel Celler (D., N.Y.), Chairman of the House Judiciary Committee, and Mr. Keating, who is the ranking member for the minority Party, are both pledged to resume the fight to get Part III enacted into law when the next session of Congress begins.

 

Now that it is clear that a meaningful civil rights bill can pass the Congress, the director hopes that all of the civil rights forces in the country will keep their fire centered on the main target, which is the Congress of the United States.

 

It is hoped that those who fell by the wayside when many thought our fight was hopeless will now unite with the NAACP in a determined drive to change the following votes in the United States Senate.

 

Senators Who Voted to Remove Part III

From H.R. 6127 in the 85th Congress

 

Democrats (16)

 

State

 

Republicans (18)

 

1.          Carl Hayden

 

2.          J. Allen Frear

 

3.          Frank Church

 

 

 

 

 

 

 

4.          Mike Mansfield

 

5.          James Murray

 

 

 

6.          Alan Bible

 

 

 

 

 

7.          Clinton Anderson

 

8.          Dennis Chavez

 

 

 

 

 

9.          Robert Kerr

 

10.      Mike Monroney

 

11.      Theodore Green

 

 

 

 

 

12.      Albert Gore

13.      Estes Kefauver

 

14.      Lyndon Johnson

 

15.      Yarborough

 

 

 

 

 

 

16.      Joseph O’Mahoney

 

Arizona

 

Delaware

 

Idaho

 

Iowa

 

Maryland

 

Massachusetts

 

Montana

 

Montana

 

Nebraska

 

Nevada

 

New Hampshire

 

New Jersey

 

New Mexico

 

New Mexico

 

North Dakota

 

Ohio

 

Oklahoma

 

Oklahoma

 

Rhode Island

 

South Dakota

 

South Dakota

 

Tennessee

Tennessee

 

Texas

 

Texas

 

Utah

 

Vermont

 

 

Wyoming

 

 

1.          Barry Goldwater

 

2.          John Williams

 

3.          Henry Dworshak

 

4.          H. B. Hickenlooper

 

5.          John Butler

 

6.          L. Saltonstall

 

 

 

 

 

7.          Carl Curtis

 

8.          George Malone

 

9.          Norris Cotton

 

10.      H. Alexander Smith

 

 

 

 

 

11.      Milton Young

 

12.      John Bricker

 

 

 

 

 

 

 

13.      Francis Case

 

14.      Karl Mundt

 

 

 

 

 

 

 

 

15.      Wallace Bennett

 

16.      George Aiken

17.      Ralph Flanders

 

18.      Frank Barrett

 

Part III was removed by a vote of 52 to 38. If we are to win in the next session of Congress, we must hold what we got in the first session and pick up at least eight additional votes.

 

Between now and the time Congress meets in January, all who believe in civil rights would do well to concentrate their energies on helping to get as many of the above Senators as possible to pledge that they will make a last ditch, unyielding fight for the new bill which will be introduced in January. This task can be undertaken now while most of these Senators are in their home states.

 

The Jury Trial Amendment

 

No one who made the fight to defeat the jury trial amendment to H.R. 6127 has any need to apologize. When the O’Mahoney, Kefauver, Church jury trial amendment was approved by a vote of 51 to 42 on August 2, 1957, the civil rights leaders on the Senate floor had lost only because they had been deserted by other Senators who should have stood with them.

 

The director had the good fortune to talk with Senator William Knowland, the minority leader, in the Senator’s office immediately after the Senate recessed that night. The Senator was deeply moved by what had happened but he was equally determined to carry the fight to a finish.

 

The following day, Senator Paul Douglas met with civil rights workers. He, too, was full of determination to carry on.

 

The Department of Justice is the source of the jury trial language that was put in the bill as a substitute for the Senate amendment. The Department has privately and publicly said this language will permit effective enforcement of the new law.

 

This issue will again arise when the fight to restore Part III is resumed. The following are the Senators who should be reached now if the jury trial amendment is to be knocked out completely.

 

Democrats (21)

 


 

1.      Carl Hayden, Arizona

2.      J. Allen Frear, Delaware

3.      Frank Church, Idaho

4.      Robert [John] Kennedy, Mass.

5.      Mike Mansfield, Montana

6.      James Murray, Montana

7.      Alan Bible, Nevada

8.      Clinton Anderson, N. Mex.

9.      Dennis Chavez, New Mex.

10.  Frank Lausche, Ohio


 

11.  Robert Kerr, Okla.

12.  Mike Monroney, Okla.

13.  Theodore Green, R.I.

14.  John Pastore, R. I.

15.  Albert Gore, Tenn.

16.  Estes Kefauver, Tenn.

17.  Lyndon Johnson, Texas

18.  Yarborough, Texas

19.  Warren Magnuson, Wash.

20.  Henry Jackson, Wash.


 

 

21.  Joseph O’Mahoney, Wyo.

 

Republicans (12)

 


 

1.      Barry Goldwater, Ariz.

2.      John Williams, Delaware

3.      Homer Capehart, Ind.

4.      Andrew Schoeppel, Kans.

5.      Margaret Smith, Maine

6.      John Butler, Maryland


 

7.      Carl Curtis, Nebraska

8.      George Malone, Nevada

9.      Milton Young, N. D.

10.  Francis Case, S. D.

11.  Karl Mundt, South Dakota

12.  Chapman Revercomb, W. Va.


 

 

From the above Senators, we must get at least five votes. No amount of breast-beating will mean anything unless it is coupled with the delivery of at least five votes and possibly more if Senator Bridges of New Hampshire and the new Senator from Wisconsin, Mr. William Proxmire, are to be taken into consideration. Here, again, the opportunity to work is at hand in most of the states because these Senators are now back home.

 

Brief Review

 

So many important people and events are linked with the civil rights fight that it is almost impossible to list them without running the risk of offending someone. An attempt will be made later to list those who deserve commendation in speeches, letters, and reports.

 

At this point, the director wishes to call attention to one man who volunteered to assist. He is Mr. Harry Kingman of Berkeley, California. Mr. Kingman spent approximately $3,000 of his personal savings to live and work in Washington in the interest of human rights. Most of his time was spent faithfully and helpfully working for passage of H.R. 6127.[3]

 

The Bureau monthly reports for 1957 contain the record on the civil rights fight in the first session of the 85th Congress. No attempt is made to summarize them at this time.

 

The following are excerpts from the mimeographed annual reports of the bureau which will help to give some of the background on how the bill came before the Congress.

 

At the opening of the 84th Congress nearly 100 civil rights bills were introduced. A subcommittee of the House Judiciary Committee held hearings on 51 of these bills in July. Following these hearings, the full Judiciary Committee, on July 28, reported out favorably a bill introduced by Representative Emanuel Celler (D., N.Y.) providing Federal protection for servicemen against abuse and violence by law enforcement officers and civilians. A Senate Judiciary subcommittee likewise approved a similar bill introduced by Senator Herbert Lehman (D., N.Y.). No further action was taken on any of these bills in either House during the year. (From 1955 Annual Report of the Washington Bureau).

 

During the 1956 campaign for the Presidency, many charges and promises were made on civil rights matters. One of the frequent charges made against the Republicans was that they did not send civil rights proposals to Congress until it was too late to act. A charge made against the Democrats was that their Party was dominated by southern committee chairmen in Congress.

 

The following are some of the highlights on civil rights legislation in 1956. These facts speak for themselves.

 

On September 7, 1955, Mr. Roy Wilkins, Executive Secretary; Mr. Thurgood Marshall, Special Counsel; the Director of the Washington Bureau; Mrs. Ruby Hurley, Southeastern Regional Secretary; and Mr. Medgar Evers, Field Secretary for the State of Mississippi, met with Warren Olney, III, Assistant Attorney General, to discuss some of the problems of violence and denial of right to vote in the South.

 

At the conference it was agreed that, among other things, the Department of Justice had an obligation to tell the Congress where its existing powers needed strengthening in order to cope with crimes such as the Till case, the shooting of the Reverend George W. Lee, and the persistent program of denying colored people the right to vote.

 

As a follow up on this conference, the Director met with the Attorney General and members of Congress in an attempt to work out a coordinated approach to the legislative side of this matter. The Attorney General studied bills which were pending in the Congress and prepared recommendations.

 

In the House of Representatives, Democrats and Republicans worked together for passage of the Justice Department proposals.

 

On March 21, subcommittee No. 2 of the House Judiciary Committee had reported out H.R. 259, an Anti-Lynching Bill, and H.R. 627, an Omnibus Civil Rights Bill introduced by Representative Emanuel Celler (D., N.Y.).

 

On March 28, the New York Times carried a page one story saying that a civil rights program would be sent to Congress by the Department of Justice on March 29. The Director firmly believes that the Times story was accurate at the time it was published, but the program did not reach Congress until April 9, 1956. When the Justice Department’s proposals reached the House, the Judiciary subcommittee substituted the Department’s language for the language of the Celler Bill, but retained Mr. Celler’s name as author and the number (H.R 627).

 

The bill was reported out of committee with a minority report signed by seven members on April 25, 1956. When it appeared that this legislation might be smothered in the House Rules Committee (which is headed by Representative Howard Smith (D., Va.), Representatives James Roosevelt (D., Calif.) and Charles Brownson (R., Ind.) initiated a bi-partisan drive to get 218 signatures for a discharge petition which would being [bring] the bill to the floor.

 

Meanwhile, in the House Rules Committee, Representative Richard Bolling (D., Mo.) made a motion to bring the bill out of that committee. His motion received bi-partisan support and after a few delaying actions by the southern bloc the Rules Committee sent the measure to the House floor where it passed 279 to 126, July 23, 1956.

 

It is significant that during the floor fight on this bill Representative Joseph Martin (R., Mass.), Minority Leader, made a strong and effective plea for Republicans to avoid joining southern Democrats in a coalition move to defeat the bill. One of the most truculent opponents of the bill was Representative T. James Tumulty (D., N.J.). Mr. Tumulty was defeated in November.

 

*   *   *                                                                                                                                                *   *   *                                                                              *   *   *

 

In the Senate, many problems existed from the beginning of the 84th Congress. These became worse in the Second Session which was held in 1956.

 

On February 23, the Director of the NAACP’s Washington Bureau requested Senator Theodore Francis Green (D., R.I.), Chairman of the Senate Rules and Administration Committee, to hold hearings on charges of misconduct by Senator Eastland. Senator Green refused to hold such hearings.

 

On February 27, Senator Harley Kilgore (D., W. Va.), Chairman of the Judiciary Committee, died. Senator Earl Clements of Kentucky (who was defeated in November) offered Eastland’s name as Chairman of the Judiciary Committee on March 2.

 

Senator Herbert Lehman (D., N.Y.) and Senator Wayne Morse (D., Ore.) were the only two Senators who took the floor against the Eastland nomination. Many others who were asked to oppose Eastland either declined to do so or had “out of town engagements.”

 

The Bureau furnished Senators Morse and Lehman with copies of a memorandum prepared by Mr. J. Francis Pohlhaus on Senator Eastland’s record. We also gave Senator Morse a photostatic copy of a speech made by Senator Eastland in which the Mississippian boasted that he had broken the law. These materials were used by the two opponents of Senator Eastland. Eastland did not answer these charges himself but relied on Senator John Stennis (D., Miss.) to speak for him.

 

On March 2, 1956, the Senate Judiciary Subcommittee on Constitutional rights favorably reported S. 900, an Anti-Lynching Bill; S. 902, a Bill to Create Civil Rights Division in the Department of Justice; S. 903, a Bill to Protect Voting Rights; and H.R. 5205, a Bill to Protect Servicemen Against Violence, which had passed the House by unanimous consent at a time when southern opponents of civil rights were not on the floor.

 

Members of the subcommittee were Senators Thomas C. Hennings (D.,Mo.), Joseph O’Mahoney (D.,Wyo.), and William Langer (R.,N.D.).

 

Although the subcommittee had approved similar legislation, the Senate Judiciary Committee voted to have full committee hearings on the proposals sent in by the Justice Department. These hearings dragged on interminably.

 

Senators Douglas, Hennings, Ives, Langer, Lehman, Bender, and Morse made a heroic effort to get the Senate to take up the House passed Bill (H.R. 627), but they were unsuccessful.

 

The 1956 Republican platform included a pledge that the President’s legislative proposals (H.R. 627) which were submitted to the 84th Congress, will be supported.

 

The Democratic platform contains a promise to effect rules changes in the opening days of the 85th Congress. Therefore, it is important to call attention to the following excerpt from the Congressional Record, dated July 27, 1956.

 

“Mr. Case of New Jersey. I, therefore, ask both the Majority Leader and the Minority Leader as individuals, and as undoubted leaders in the next session of Congress, if they will give assurance that, whichever Party controls the Congress, they will use their best efforts to secure prompt and early consideration of that measure (H.R. 627).

 

“Mr. Knowland (Minority Leader). “I would hope that such a measure could be considered early in the next session of Congress, not in the second year of the 85th Congress, but in the first year of the 85th Congress, and that following hearings—and certainly everyone, either for or against the proposed legislation, is entitled to be heard—the bill could be reported to the Senate, perhaps by March 1 or April 1 at the latest.

 

“Then, if the bill had been reported to the Senate and had been cleared by the policy committee of the majority—if we should happen at that time to be the majority—I believe it would be incumbent upon me, as the leader, if I should hold that position at the time, to ask the Senate to consider the bill very early in the session, in order to avoid the parliamentary obstacle which otherwise, I am sure all Members of the Senate recognize, exists . . .

 

“If the Senator is assuming legislation along the lines which the President has recommended—perhaps not word for word, but along those general lines—I would hope very much that the Senate could successfully act upon it at the next session of Congress.

 

“Mr. Johnson of Texas (Majority Leader). What the Senate or any other legislative body does depends on what the majority of the Members of the committee which controls the proposed legislation wants done.

 

“All I can say to the Senator is that when the committee acts, if I am the majority leader, and if I have responsibility for scheduling any proposed legislation, I shall take prompt action to bring it to the attention of the group over which I preside, namely, the policy committee. In the event the policy committee feels that it is a bill which should be scheduled for action, it will be brought to the floor of the Senate.”

 

Speaking Engagements

 

The Director of the Washington Bureau filled speaking engagements in Washington, D. C., Baltimore, Maryland, St. Louis, Missouri, and Boston, Massachusetts.

*   *   *                                                                                                                                                *   *   *                                                                              *   *   *

An analysis of the Civil Rights Bill prepared by Mr. J. Francis Pohlhaus, Washington Bureau Counsel, appears on the next page.

*   *   *                                                                                                                                                *   *   *                                                                              *   *   *

 

September 6, 1957

ANALYSIS OF H. R. 6127, AS PASSED BY CONGRESS

 

Prepared by

 

J. Francis Pohlhaus, Washington Bureau Counsel

 

PART I

 

This part establishes a six member, bi-partisan Commission on Civil Rights, to be appointed by the President with the advice and consent of the Senate.

 

Procedural rules are established for the operation of the Commission.

 

The Commission is authorized:

 

1.      To investigate written allegations under oath of deprivations of voting rights because of race, color, religion, or national origin.

 

2.      To study and collect information on legal developments constituting a denial of equal protection of the laws.

 

3.      To appraise the laws and policies of the Federal Government with respect to equal protection of the laws.

 

The Commission shall report to the President and Congress. Its final reports shall be submitted not later than two years from the date of passage of the Act. It shall cease to exist sixty days thereafter.

 

The Commission will have a full time staff director, appointed with the advice and consent of the Senate.

 

It will not be allowed to accept volunteer or uncompensated labor.

 

The Commission will have the right to issue subpoenas for the attendance of witnesses, but such subpoenas shall not require the witness to attend a hearing outside the state where the subpoena is served.

 

PART  II

 

This part provides for an additional Assistant Attorney General. Although not required by the bill, the Attorney General has promised to assign him a new Civil Rights Division.

 

PART  III

 

This repeals 42 U.S. C. 1993, which authorizes the use of military forces to enforce civil rights statutes.

 

Under other existing laws, however, the President has the power to use troops if necessary to enforce the laws. He is authorized to call on the U.S. Armed Forces or to Federalize the national guard if it is impractical to enforce the laws by the ordinary course of judicial proceedings (10 U.S.C. 332) or if the execution of the laws is so hindered as to deny Constitutional rights and State authorities fail or refuse to protect such rights (10 U.S.C. 333).

 

Under this part, individuals are granted the right to sue in equity or for damages where Congress has granted protection to civil rights, including voting rights.

 

This right is granted now under existing civil rights statutes in most cases. However, a few statutes guaranteeing civil rights either provide no remedy or provide only for damages. Under this part of the bill, there is provided a statutory basis for getting injunctions as well as damages in protecting these rights.

 

For instance, under 42 U.S.C. 1971, as amended by Part IV of this bill, a private citizen could get an injunction against individuals who intimidate, coerce or threaten him for the purpose of interfering with his right to vote in a Federal election.

 

Under 42 U.S.C. 1985, it appears that it will now be possible to get injunctions to prevent interference with court orders by outside persons, provided the court orders relate to a matter involving equal protection of the laws, such as school segregation. Also, it would seem that officials who are seeking to grant such rights could get protection in the performance of their duties.

 

As it now is written, 42 U.S.C. 1985 provides only for damages in these situations.

 

PART  IV

 

Under this part of the bill, the Attorney General is authorized to bring an action for preventive relief (injunction) to prevent: (1) the denial of the right to vote in any election because of race or color. (2) intimidation or coercion interfering with the right to vote in an election involving candidates for Federal office.

 

This action can be instituted without the necessity of exhausting State legal or administrative action.

 

This means that the Attorney General would not be required to go into State court or appeal through State administrative agencies but could apply directly to a Federal Court for the injunction.

 

Anyone charged with contempt under this part shall have counsel assigned by the court if he cannot secure counsel.

 

PART  V

 

This part regulates cases of criminal contempt arising under the provisions of the bill.

 

It limits the punishment in such cases, if the defendant is a natural person, to $1,000.00 fine or six months imprisonment.

 

It grants the judge the right, in his discretion, to order a jury trial.

 

If such a case is tried without a jury and a fine in excess of $300.00 or imprisonment in excess of forty-five days is imposed, the accused has a right to demand a new trial before a jury.

 

It is specifically provided that the civil contempt power of the courts shall not be affected by this bill. Accordingly the courts can force compliance to their decrees by fines or imprisonment without the limitations provided under criminal contempt and without a jury trial.

 

This part also amends Federal law relating to jury selection by repealing that section of existing law which makes ineligible for jury duty anyone ineligible under State law.


 

MS:

[1] This was Part III.

[2] See appendix for this statement by Pohlhaus.

[3] Harry Lees Kingman, the  former West Coast FEPC regional director, and his wife Ruth came to Washington at Mitchell’s request in 1957. They formed a private lobbying organization on behalf of civil rights, desegregation, and other causes, which they called the Citizens Lobby for Freedom and Fair Play. The two were highly effective in forging ties with Senator William Knowland and in obtaining votes for numerous civil rights bills and other important measures. See Harry L. Kingman, “Citizenship in a Democracy, An Interview Conducted by Rosemary Levenson,” Regional Oral History Office, the Bancroft Library, University of California, Berkeley, 1973, 135-188; and the Kingman Papers, Bancroft Library.  Coordinate notes with material in Biographical Directory

 

 

 

[December 1958]

1958 Annual Report of the Washington Bureau

 

In 1958 the enemies of the U. S. Supreme Court came perilously close to victory in Congress. From the beginning and through to the end, the Bureau worked to defeat proposals to curb the courts powers in the fields of civil rights and civil liberties.

 

At the request of NAACP, Mr. Thurgood Marshall was scheduled to testify against one of the anti-Supreme Court bills in February. This measure, introduced by Senator Jenner (R., Ind.) will be discussed later in this report. Mr. Marshall prepared the testimony but was unable to be present and his views were read to the Senate Internal Security Subcommittee by the director who was accompanied by the bureau counsel.

 

During the hearing, the director also registered opposition to S. 3386 which sought to divest Federal courts of all jurisdiction over cases involving admission to practice law in state courts.

 

After the death of Senator Neely (D., W.Va.), the director joined other persons who urged that his place on the Senate Judiciary Committee be given to a liberal. Senator John Carroll (D., Colo.) was given the place. When the Jenner Bill was first presented to the full committee after a whirlwind hearing in the subcommittee, it failed to get approval by one vote. Senator Carroll cast that vote. Senator Thomas Hennings (D., Mo.) and Senator Alexander Wiley (R., Wisc.) gave consistent leadership within committee in opposing the attacks on the Court.

 

In addition to the anti-Supreme Court drive, there was also a threat to protection given by the writ of Habeas Corpus. Unlike the proposed legislation to curb the Supreme Court, the legislation dealing with the writ of Habeas Corpus was supported by the Judicial Conference and the U. S. Department of Justice. This made it a formidable obstacle.

 

The Bureau Counsel, Mr. Pohlhaus, prepared an excellent memorandum on these bills. This memorandum was used by the director in discussions with key members of the Senate. Much of what follows in this report is drawn from that memorandum. It is included with the hope that readers of the report will use this material to rally public opposition to these bills when they are introduced in the 86th Congress.

 

Habeas Corpus

 

H.R. 8361, the bill to limit use of the writ of Habeas Corpus, passed the House in the 84th and 85th Congresses. In each instance, it had the support of many northern Congressmen who insisted that it could not be harmful to civil rights because it was approved by the U. S. Department of Justice and the Judicial Conference.

 

In the 84th Congress, the bill was considered by the Senate Judiciary Committee’s subcommittee on Constitutional Rights. Senator Hennings is chairman. The subcommittee did not report the bill out.

 

After the measure passed the House in the 85th Congress, it was referred to the Judiciary Committee on Improvements in Judicial Machinery. The chairman of that subcommittee is Senator Olin Johnston (D., S.C.). It was approved by the subcommittee without hearings and rushed to the floor in the closing days of Congress. Fortunately, the leadership of the Senate agreed not to bring it up for a vote on the floor.

 

The writ of Habeas Corpus has been the traditional method of raising the issue of the Constitutionality of the detention of a person by a State. Since the issue involved in the use of such a writ is whether or not the person detained is being deprive of a Federal Constitutional right, it is only proper and logical that the Federal courts should rule on this question.

 

H.R. 8361, however, would make it virtually impossible for a person in state custody to raise in the Federal courts the issue of the Constitutionality of his detention.

 

This becomes increasingly important in view of the widespread movement in some areas to limit the rights of colored citizens. To have a state judge, popularly elected and subject to local prejudices and pressures, and not subject to Federal review by Habeas Corpus, ruling on the Constitutional rights of colored citizens places these citizens in grave peril of being  denied any semblance of a fair hearing.

 

The Jenner-Butler Bill

 

On of the most extensive attacks on the Supreme Court was the Jenner-Butler Bill. This measure known as S. 2646 was offered as an amendment to H.R. 6789, a minor court bill on August 19. Senator Hennings offered a motion to table the amendment. The Hennings motion won by a vote of 49 to 41 on August 20.

 

In a last minute effort to rally support for his bill, Senator Jenner offered to include language which he said would prevent discrimination against colored lawyers.

 

This bill would have denied the Supreme Court the right to review cases involving the right to practice law before the State courts. This, of course, would have been used effectively to hamstring NAACP lawyers or any lawyers interested in civil rights in the South.

 

Other features of S. 2646 would:

 

            Make teaching and advocacy of violent overthrow of the Government a crime under the Smith Act regardless of whether incitement to action was intended;

 

            Permit states to prosecute for subversion unless Congress expressly forbids it;

 

            Prohibit Federal court review of the powers of Congressional investigating committees.

 

Because of the significance of this legislation, we included the vote on the Hennings motion.

 

For Hennings Motion

 

Hayden, D., Ariz.                     Murray, D., Mont.                    Yarborough, D., Tex.

Kuchel, R., Calif.                      Bible, D. Nev.                          Johnson, D., Tex.

Carrol, D. Colo.                       Case, R., N.J.                          *Watkins, R., Utah

Bush, R., Conn             *Smith, R., N.J.                        Aiken, R., Vt.

*Purtell, R., Conn.                    Anderson, D., N.M.                 Jackson, D., Wash.

Church, D., Idaho                     Chavez, D., N.M.                     Magnuson, D., Wash.

Douglas, D., Ill.                        Javits, R., N.Y.             *Hoblitzell, R., W. Va.

Dirksen, R., Ill.             Langer, R., N.D.                      *Revercomb, R., W. Va.

Cooper, R., Ky.                       Lausche, D., Ohio                    Proxmire, D., Wisc.

Morton, R., Ky.                       Kerr, D., Okla.                         Wiley, R., Wisc

Beall, R. Md.                            Monroney, D., Okla.                O'Mahoney, D., Wyo.

Kennedy, D., Mass.                 Morse, D., Ore.                      

Saltonstall, R., Mass.                Neuberger, D., Ore.

McNamara, D., Mich.              Clark, D., Penn.

Humphrey, D., Minn.                Green, D., R. I.

*Thye, R., Minn.                      Pastore, D., R. I.

Hennings, D., Mo.                    Case, R., S. D.

Symington, D., Mo.                  Gore, D., Tenn.

Mansfield, D., Mont.                Kefauver, D., Tenn.

 

Against Hennings Motion

 

Hill, D., Ala.                             Martin, R., Iowa                       *Ives, R., N.Y.

Sparkman, D., Ala.                   Schoeppel, R., Kans.                Ervin, D., N.C.

Goldwater, R., Ariz.                 Ellender, D., La.                       Jordon, D., N.C.

Fulbright, D., Ark.                    Long, D., La.                            Young, R., N.D.

McClellan, D., Ark.                  Smith, R., Me.                          *Bricker, R., Ohio

*Knowland, R., Calif.               Butler, R., Md.             *Martin, R., Penn.

Allott, R., Colo.                        *Potter, R., Mich.                     Johnston, D., S.C.

Williams, R., Del.                      Eastland, D., Miss.                   Thurmond, D., S.C.

Russell, D., Ga.                        Stennis, D., Miss.                     Mundt, R., S.D.

Talmadge, D. Ga.                     Curtis, R., Nebr.                       Bennett, R., Utah

Dworshak, R., Idaho                Hruska, R., Nebr.                     Byrd, D., Va.

Capehart, R., Ind.                     *Malone, R., Nev.                    Robertson, D., Va.

*Jenner, R., Ind.                       Bridges, R., N. H.                    *Barrett, R., Wyo.

Hickenlooper, R., Iowa            Cotton, R., N.H.                     

 

Not Voting

 

Frear, D., Del.                          Smathers, D., Fla.                     *Payne, R., Me.

Holland, D., Fla.                       Carlson, R., Kans.                    *Flanders, R., Vt.

 

The Smith States Rights Bill

The House passed H.R. 3 which was sponsored by Representative Howard Smith (D., Va.). S. 337, companion bill, was approved by the Senate Judiciary Committee. The Bureau has consistently worked against the Smith Bill.

 

The purpose of S. 337 and H.R. 3 was best described by Representative Colmer (D., Miss.) who said, "It attempts to raise the 'Halt' sign--the 'Stop, Look and Listen' sign--for the Supreme Court to see."

 

The following figures show where work must be done to obtain more strength against H. R. 3. These are the non-southern members of Congress who supported H. R. 3 and were re-elected:

 

Arizona                        1                      Missouri                       2

California                   12                      Nebraska                     2

Colorado                      1                      Nevada                        1

Illinois                           8                      New York                 15

Indiana                         4                      Ohio                          12

Iowa                            3                      Oregon                         1

Kansas                         4                      Pennsylvania                 8

Kentucky                     6                      Utah                             1

Maine                           1                      Washington                  4

Massachusetts              2                      Wisconsin                     3

Michigan                   11                      Wyoming                      1

Minnesota                    1

 

It will be seen that more than a hundred votes are at stake in the states listed above.

 

Under the bill as passed by the House, in a conflict between Federal and State legislation the State law would not be invalid unless Congress had specifically directed that the Federal Government had preempted the field. Under the Senate bill, the same result would have been accomplished but it applied to future laws passed by Congress.

 

On August 20, the Senate began debate on S. 654. This was a bill which enjoyed wide support from northern members of the House and Senate. It was designed to validate State laws against subversion, but like S. 2646, it was also aimed at limiting the jurisdiction and diminishing the prestige of the U.S. Supreme Court.

 

During the debate on this bill, Senator John McClellan (D., Ark.) offered an amendment which would have added H.R. 3 to S. 654. On August 21, Senator John Carroll (D., Colo.) offered a motion to recommit the pending bill to the Judiciary Committee. The vote on the Carroll motion was 41 to 40. Here, also, the Bureau deems it important to list the vote in this report.

 

For Carroll Motion

 

Hayden, D., Ariz.                     Symington, D., Mo.                  Green, D., R.I.

Carroll, D., Colo.                     Mansfield, D., Mont.                Pastore, D., R.I.

*Purtell, R., Conn.                    Murray, D., Mont.                    Case, R., S.D.

Church, D., Idaho                     Bible, D., Nev.             Kefauver, D., Tenn.

Douglas, D., Ill.                        *Malone, R., Nev.                    Yarborough, D., Tex.

Dirksen, R., Ill.             Case, R., N.J.                          Johnson, D., Tex.

Cooper, R., Ky.                       Anderson, D., N. M.                Bennett, R., Utah

Morton, R., Ky.                       Chavez, D., N.M.                     Aiken, R., Vt.

Beall, R., Md.                           Javits, R., N.Y.             Jackson D., Wash.

Kennedy, D., Mass                  Langer, R., N.D.                      Magnuson, D., Wash.

Saltonstall, R.,Mass.                 Lausche, D., Ohio                    Proxmire, D., Wisc.

McNamara, D., Mich.              Morse, D., Ore.                       Wiley, R., Wisc.

Humphrey, D., Minn.                Neuberger, D., Ore.                 O'Mahoney, D., Wyo

Hennings, D., Mo.                    Clark, D., Penn.

 

Paired For

 

Bush, R., Conn.                        *Smith, R., N.J.                        Monroney, D., Okla.

*Payne, R., Mo.

 

Against Carroll Motion

 

Hill, D., Ala.                             Hickenlooper, R., Ia.                Ervin, D., N.C.

Sparkman, D. Ala.                    Martin, R., Iowa                       Jordon, D., N.C.

Goldwater, R., Ariz.                 Schoeppel, R. Kane.                *Martin, R., Penn.

Fulbright, D., Ark.                    Ellender, D. La.                        Johnston, D., S.C.

McClellan, D., Ark.                  Long, D., La.                            Thurmond, D., S.C.

*Knowland, R., Calif.               Smith, R., Me.                          Mundt, R., S.D.

Kuchel, R., Calif.                      Butler, R. Md.                          Gore, D., Tenn.

Williams, R., Del.                      *Potter, R., Mich.                     *Watkins, R., Utah

Russell, D., Ga.                        *Thye, R., Minn.                      Byrd, D., Va.

Talmadge, D., Ga.                    Eastland, D., Miss.                   Robertson, D., Va.

Dworshak, R., Idaho                Stennis, D., Miss.                     *Hoblitzell, R., W.Va.

Capehart, R., Ind.                     Curtis, R., Nebr.                       *Revercomb, R., W.Va.

*Jenner, R., Ind.                       Bridges, R., N.H.                     *Barrett, R., Wyo.

                                                Cotton, R., N.H.

 

Paired Against

 

Allott, R., Colo.                        Hruska, R. Nebr.                      *Bricker, R., Ohio

Smathers, D., Fla.

 

Not Voting

 

Frear, D., Dela.                        Carlson, R., Kans.                    Kerr, D., Okla.

Holland, D., Fla.                       *Ives, R., N.Y.             *Flanders, R., Vt.

                                                Young, R., N.D.

 

On this vote there were several surprise positions that made it one of the most dramatic moments in 1958 Senate sessions. One Senator, J. Glenn Beal (R., Md.) was scheduled to participate in an important debate with his opponent in his home state. Senator Beall remained to cast his vote in the Senate and missed the debate with his opponent. The Senator was re-elected in spite of a Democratic sweep of all other statewide offices in Maryland.

 

The Mallory Bill

 

H. R. 11477, the so-called Mallory Bill. This bill was passed by the House and also passed by the Senate with an amendment. It had the support of the U.S. Department of Justice and many northern members of the House and the Senate.

 

The bill failed to pass because Senator Carroll raised a point of order against the version of the bill adopted by the Conference Committee. Vice President Nixon upheld the point of order. Since this occurred at 4:00 A.M. the morning of Senate adjournment, no further action on the bill was possible.

 

H.R. 11477 would prohibit Federal courts from refusing to admit into evidence confessions, solely on the ground that they were obtained during an unnecessary delay before arraignment.

 

Although H.R. 11477 was not directed against any specific racial group, the practices which it sought to validate are most often directed against minority citizens.

 

Civil Rights Legislation

 

Senator Paul Douglas (D., Ill.) introduced S. 3257 which would have restored the vital provisions of Part III that were deleted from the 1957 Civil Rights Bill. The Douglas Bill also offered Federal assistance to localities encountering financial problems in connection with school desegregation. It also proposed additional responsibilities for the Department of Health, Education and Welfare in accomplishing desegregation of public schools.

 

Joining Senator Douglas as sponsors were Senators Humphrey, Ives, Hennings, Case of New Jersey, Morse, Allott, Neuberger, Dirksen, McNamara, Javits, Clark, Pastore, Beall, Carroll and Proxmire.

 

No hearings were held in the Senate, but late in June hearings were held on similar bills introduced by Chairman Emanuel Celler (D., N.Y.) of the House Judiciary Committee and Ranking Republican Kenneth Keating (R., N.Y.) and others. Mr. Keating succeeds Senator Ives in 1959.

 

Grant Programs

 

The U.S. Army has transferred twenty-one acres of land from its Redstone Arsenal to the Huntsville, Alabama, school district to facilitate the construction of a racially segregated school. In Pulaski County, Arkansas, there is a new school for children of Air Force personnel for white only. This building cost $600,000. These developments are typical of what happens when there are no safeguards against racial segregation in Federal grant programs.

 

H. R. 11378, extended laws providing funds for the construction and operation of public schools in defense impacted areas.

 

The director presented testimony to the House Labor Subcommittee on General Education on January 31. It was urged that an amendment be included in these laws to prohibit the use of funds for building and operating segregated schools. A copy of this testimony will be supplied on request.

 

When Representative James Roosevelt (D., Calif.) offered an anti-segregation amendment to this bill in the House Committee, the only committee members who voted for it were Zelenko (D., N.Y.), Weir (D., Minn.), Powell (D., N.Y.), Holt (R., Calif.), and Roosevelt. Voting present were Representatives Green (D., Ore.) and Thompson (D., N. J.).

 

The Bureau protested against an effort to bring this bill to the floor under suspension of the rules which would have made it impossible to get a vote on an anti-segregation amendment. The defiant states have already received and spent 192 million dollars for segregated schools prior to 1958.

 

Defeat of the Roosevelt amendment on the floor came on April 23 by a House vote of 132 to 25. Representative Charles Diggs (D., Mich.) spoke in favor of the amendment.

 

On the morning before the vote, the director had a conference with a top House Republican who said gloomily, “I’m afraid your amendment will be defeated badly today because there is just too much pork at stake in this bill and the boys can’t risk losing it.”

 

We have urged the adoption of a strong Federal policy which will eliminate this continuing defiance of the U.S. Supreme Court school desegregation decisions.

 

We have discussed this matter with officials of the U.S. Office of Education, the U.S. Department of Justice, the Department of Defense, the Air Force, and the White House. At the time of this report is being written the Government is at work on a policy decision affecting the school in Pulaski County and other similar school situations throughout the country.

 

To date, on-base schools are operated under a constructive policy adopted at the urging of the NAACP. This policy, it will be remembered, provides that in schools located on military bases there shall be no racial segregation.

 

Anti-Filibuster Rule

 

On March 26, the Senate Rules Committee approved S. Res. 17, the Douglas bi-partisan anti-filibuster resolution, by a vote of 5 to 4. This resolution provides that:

 

Debate may be ended two days after a cloture petition is filed by a two-thirds majority of the Senators present and voting, and

 

            Debate may be ended fifteen days after a cloture petition is filed by a majority vote.

 

Senators who supported the resolution were Hennings, Javits, Case of New Jersey, Green and Cooper. Voting against were Senators Talmadge, Hayden, Mansfield and Curtis.

 

The director testified before the Senate Rules Committee during hearings on the proposed changes. During 1958, the Bureau has been working with other representatives of organizations to insure the success of the rules change effort that will be at the beginning of the 86th Congress.

 

1957 Civil Rights Act

 

The Department of Justice and the Civil Rights Commission are now actively working on voting and registration problems. Long delays caused by the Senate failure to confirm the Executive Director of the Civil Rights Commission and the head of the Civil Rights Division of the U. S. Department of Justice took their toll.

 

The Bureau has processed numerous complaints which are now being investigated by the Commission or the Justice Department.

 

At this time the major Justice Department voting case is in Georgia and the major Commission voting case is in Alabama. FBI and Commission staff investigations have been made on Mississippi voting complaints. It is expected that there will be further developments in the New Year.

 

Anti-Dynamiting Proposals

 

Stirred by dynamiting in the South that resulted in damage to schools, synagogues and churches, a number of northern and southern members of Congress have urged passage of Federal legislation on this problem.

 

H. R. 12116 introduced by Representative Emanuel Celler and S. 3917 introduced by Senator Kennedy (D., Mass.) would make it a Federal crime to transport in interstate commerce explosives to be used in violation of State or Federals laws. These bills would also create a legal presumption that explosives used illegally were transported in interstate commerce. The director presented testimony in favor of this legislation. No action has been taken by the 85th Congress.

 

Congressional Records

 

There was a heavy demand for the records of members of Congress during the 1958 political campaign. In a number of instances, we have submitted the records of individual Senator and Congressmen to them for comment. This has brought gratifying response and helpful suggestions.

 

The clerical work in the preparation of these records has been enormous. The Bureau staff has worked many nights and weekends to prepare them. However, it would not have been possible to do this work, even with the overtime, had we not had the help of four other top-notch secretaries. These four secretaries have twice given extensive volunteer services to the Bureau and are again offering their services.

 

While on the subject of clerical work in connection with the preparation of individual records on members of Congress, the director wishes to pay a special tribute to Mrs. Mae B. Hendricks who left the Bureau in October on a year’s leave of absence. Mrs. Hendricks came to the Bureau from the U. S. Department of Labor in 1946. Her performance has consistently and effectively extended beyond the call of duty.

 

Federal Lands

 

During the year there was considerable discussion about S. 1538, a bill giving legislative jurisdiction of Federal lands to the states. The bill passed the Senate by unanimous consent. The director and the Bureau counsel met with Assistant Attorney General Perry Morton, Senator Humphrey and other Government officials to discuss this bill. Because it appeared that the bill might have harmful effects on civil rights, Senator Humphrey took the unusual step of having it returned to the Senate. It did not pass.

 

The Bureau counsel obtained agreement from a number of Government agencies to include non-discrimination clauses in licenses and concession agreements.

 

Upon learning of this requirement, the Governor of Georgia, Marvin Griffin, was quoted in a press dispatch as saying his state would not accept land for park purposes if it was to be open to use by colored people. “It’s alright for colored people to paddle down the river in a canoe,” he said, “but they should not be allowed to land on the park shores.”

 

Employment Service Segregation

 

The director has discussed the question of segregation in certain state employment service offices with the General Counsel of the U.S. Department of Labor and one of the Department’s Assistant Secretaries. The director received information that the U. S. Department of Labor was about to give approval to so-called “separate but equal employment offices.”  Labor officials denied this.

 

Federal Policy on Athletic Contests

 

The perennial problem of possible segregation at games in which service teams participate arose again this year in connection with the possible contest between Louisiana State University and the Air Force Academy at the Sugar Bowl in New Orleans. According to Associated Press dispatch, the Commanding General of the Air Force Academy stated that the matter would be settled in Washington. However, we have received a statement from the Air Force indicating that the problem would be settled by the Air Force Academy officials. Later, the Air Force agreed to play in the Cotton Bowl game.

 

On October 8, 1957, the Secretary of the Navy promised aid in promoting an overall policy which would prohibit participation of service teams in contests where segregation is enforced. We reminded the Secretary of his promise and also presented the matter to the Secretary of Defense.

 

It will be recalled that the 1957 conference was necessary because of a game between the Naval Academy and the University of Georgia at the Oyster Bowl in Norfolk, Virginia. Sponsors of the game had publicly announced that any laws requiring segregation would be rigidly enforced. At this conference, the director was accompanied by Dr. Montague Cobb of the National Board and Dr. E. B. Henderson who was then President of the Virginia State Conference of NAACP Branches.

 

Conferences and Speaking Engagements

 

The Bureau counsel attended the First National Catholic Conference of Interracial Justice at Loyola University, Chicago, from August 29-31. He served as a consultant for the Conference’s Commission on Schools.

 

As a result of the Conference, it is expected that a national Catholic organization will be formed to coordinate Catholic activities in race relations and civil rights.

 

Among resolutions adopted at the Conference were those condemning delay in implementation of the Supreme Court’s decision in the school cases and opposing further expenditure of Federal funds for segregated school activities.

 

The director filled speaking engagements in Delaware, District of Columbia, Florida, Georgia, Louisiana, Maryland, Minnesota, Mississippi, New Jersey, New York, North Carolina, Ohio, Pennsylvania, South Carolina, Texas, Virginia, West Virginia and Wisconsin.

 


 

* Defeated or leaving Senate

 

 

 

February 5, 1959

 

The importance of the pending civil rights bills in the 86th Congress makes an analysis and understanding of them imperative. These bills have been studied by the Washington Bureau counsel and his conclusions are set forth in this report. Because of the length of the material, no other matters are presented.

 

Since the opening of the 86th Congress, four major civil rights programs have been offered to the Congress.

 

Since the Senate has announced definite hearings on civil rights, the Senate bills embodying these programs will be discussed here. In each instance the Senate bill has one or more House counter-parts. In the order in which they have been introduced in the Senate, these programs are:  (1) the Javits bill (S. 456), co-sponsored by Senators Javits (R., NY), Keating (R., N.Y.), Case (R., N.J.), Cooper (R., Ky.), Scott (R., Penna.), and Allott (R., Colo.);  (2) the Johnson bill (S. 499) introduced by Senator Johnson (D., Texas) and later co-sponsored by Senator Hennings (D., Mo.); (3) the Douglas bill (S. 810) co-sponsored by Senator Douglas (D., Ill.) and a bi-partisan group of sixteen other Senators;  (4) the Administration’s program.

 

I  The Javits Bill (S. 456)

Analysis

 

S. 456 would authorize the Attorney General to prosecute a civil proceeding for or in the name of the United States to protect the rights of persons subject to or threatened with loss of the right of equal protection of the laws by reason of race, color, religion or national origin. Such a proceeding could be instituted upon a sworn complaint of a person or persons unable because of financial inability or other reason to prosecute such a proceeding. Such a proceeding would be for preventive relief for injunction or other order against any person acting under color of law to deny equal protection of the laws or any one conspiring with such person.

 

The bill would also authorize the Attorney General to institure [institute] preventive proceedings against anyone conspiring through threats, violence, or otherwise to hinder duly constituted State or local authorities from giving or securing equal protection on the laws. Such proceeding could be instituted upon the written request of the officials.

 

The bill would authorize the institution of preventive proceedings without the requirement of exhaustion of administrative remedies.

 

Comment

 

This bill is in essence, though not in language, similar to Part III of the Civil Rights Bill of 1957, before its amendment in the Senate.

 

It would authorize the Attorney General to institute civil proceedings to prevent any denial of equal protection of the laws because of race, color, religion or national origin. This would include, of course, the denial of educational rights protected under the decisions of the Supreme Court.

 

In addition, the bill would grant Federal protection to local authorities who desire to grant such educational and other rights, but are hindered from doing so by violence or threats of violence.

 

The provision eliminating the necessity for exhaustion of administrative remedies would speed up the legal processes in having these issues resolved.

 

II  The Johnson Bill (S. 499)

 

Analysis

 

Title I

 

Title I would establish a Community Relations Service as an independent Government Agency to provide conciliation service to communities where  (1) disagreements or difficulties regarding the laws or Constitution of the United States, or (2) disagreements or difficulties which affect or may affect interstate commerce, are disrupting or threaten to disrupt peaceful relations in a community.

 

Activities of the Service would be confidential. It could utilize the services of state and local agencies and non-public agencies.

 

The Service would be headed by a Director, with five assistants, all subject to Senate confirmation. Total staff would be limited to one hundred.

 

The Service’s principal office would be in Washington, but the Director would be authorized to establish five regional offices, each headed by an Assistant Director.

 

The Service would be required to report to Congress annually and could make recommendations for legislation (but only as to its own administration).

 

Title II

 

Title II would extend the life of the Civil Rights Commission from sixty days following September 9, 1959, to sixty days following January 31, 1961.

 

Title III

 

This part of the bill would give the Department of Justice power to subpoena “books, papers, records or other documents” relevant to an investigation of voting rights instituted under the Civil Rights Act of 1957.

 

The subpoena could be issued only if the person who has possession refuses to furnish it, or, in the case of a public official, only if the Governor of the State has refused to order its surrender.

 

The subpoena could not require the presence of a person outside the State where he is found, resides, or does business.

 

The subpoena power could be enforced by a three judge Federal Court, with disobedience of a final order of the court constituting contempt.

 

Title IV

 

The fourth title would make interstate transportation of explosives or possession of explosives transported in interstate commerce illegal if such transportation or possession is with the knowledge or intent that they be used to damage or destroy  “for the purpose of interfering with its use, for business, educational, religious, charitable, or civic objectives or of intimidating any person pursuing such objectives.” Punishment would be $1000 fine and/or one year imprisonment, or death or imprisonment for life or any term of years if a death results from the violation.

 

Also prohibited would be the use of mail, telephone, telegram or other communications to convey false information of alleged bombing attempts.

 

The FBI would be authorized to investigate when a building has been damaged or destroyed by an explosive, if the Attorney General authorizes the investigation on reasonable grounds that a violation of this statute has occurred.

 

The Attorney General could also authorize use of the FBI in such cases on the request of local authorities.

    .   .   .    .    .   .   .   .

 

Comment

 

Title I

 

Senator Johnson and his supporters have attempted to draw a parallel between the proposed Community Relations Service and the Federal Mediation and Conciliation Service set up under the Taft-Hartley Act.

 

There is no true analogy between the two agencies. The Mediation service does not get involved in issues where there are clearly defined Constitutional or legal rights. These issues are left to the N.L.R.B. or the courts. The Mediation Service attempts to settle practical disputes between labor and management where there are legitimate differences of opinion, not involving legal principles.

 

The true analogy would be if the Mediation Service were allowed to enter a dispute and resolve it after the N.L.R.B. and courts had ruled and the losing party refused to abide by the decision.

 

One thing that the commentators on the Johnson Bill have not explored is the tremendous scope of the jurisdiction of the proposed Community Relations Service.

 

It has been described as an agency to help resolve civil rights problems. There is, however, no such limitations on its jurisdiction. Given the authority to inject itself into any dispute involving “the laws or Constitution of the United States,” or those “which affect or may affect interstate commerce,” it could get involved in almost any conceivable controversy. Church-state relations, Federal-state relations, labor-management controversies, enforcement of criminal laws, election disputes and countless other conflicts could be brought to the Service. It could, within the language of the proposed bill, actually supplant the Federal Mediation and Conciliation Service in the labor-management field.

 

Title II

 

The extension of the life of the Civil Rights Commission presents the opponents of civil rights and the “moderates” with an excuse for additional delay in Congressional action on substantial civil rights legislation.

 

Part III

 

There appears to be at least one grave “loophole” in the granting of subpoena power to the Department of Justice in voting cases.

 

The section dealing with public officials limits the subpoena power by requiring that it not be used until the Governor of the state involved has failed to order the official to surrender the required document. This could lead to collusion between a Governor and the official whereby the Governor could order, but not enforce, the surrender of the document. It is possible that under a strict construction of this provision nothing could be done in such a situation.

 

This provision would also allow for delay, while a Governor would “study” the Department’s request.

 

The requirement of a three judge court could also require additional delay.

 

Part IV

 

The anti-bombing part of the bill includes the recommendation of the Association that such legislation should cover business establishments, but omits that relating to places of residence.

 

It omits the provision contained in some of the anti-bombing bills which would create a presumption of interstate transportation whenever an explosion of the type described in the bill occurs. In so doing, it changes but little the existing involvement of the FBI in this type of case.

 

The bill would involve the FBI only at the discretion of the Attorney General or on the request of local authorities. This is the present de facto involvement of the Bureau, whether the Department of Justice admits it or not. Under the existing arrangement, seldom, if ever, has the Bureau intervened in a case involving property under colored ownership.

 

If the presumption of a Federal crime were created, it would be difficult for the Department to stay out of these cases.

 

III The Douglas Bill (S. 810)

 

The following is a short explanation of the Douglas Bill which will be useful for those who desire a thumbnail sketch of what it contains.

 

S. 810 is identical, except for necessary technical changes, in its provisions with S. 3257, introduced by Senator Douglas in the 85th Congress. As noted in the 1958 Annual Convention Resolution of the NAACP, specifically endorsing this bill, it restores Part III of the Civil Rights Bill of 1957 and provides financial aid for States and school districts in connection with desegregation. This bill is the most comprehensive in its support of the principle of equal protection of the laws of any of the bills under consideration.

 

A careful study of the comprehensive and extensive analysis of the Douglas Bill will be very valuable especially when the civil rights bills reach the floor. It is recommended that those who want a more detailed statement than that set forth in the foregoing short version should read the following:

 

Analysis

 

Title I

 

This introductory section of S. 810 gives a statement of the purposes of the bill and the bases for action by the Congress. It includes provisions endorsing the principle of the anti-segregation decisions of the Supreme Court and recognizing the responsibility and authority of the Congress to uphold the authority of the Judicial Branch.

 

Title II

 

This title authorizes the Secretary of Health, Education and Welfare to render technical assistance to States and communities seeking to comply with the Supreme Court decisions. Such assistance would include giving information, conducting surveys, promoting conferences and councils, providing service of  speacilists [specialists] and developing community understanding for desegregation. Appropriations up to $2.5 million for five years for these purposes would be authorized.

 

Title III

 

This title would authorize the Secretary of Health, Education and Welfare to make grants to communities to assist desegregation programs. Such grants would be for buildings, equipment, teacher training, specialists, teacher salaries and other costs.

 

It would also authorize grants for communities denied State funds because of local desegregation programs.

 

Appropriations up to $40 million per year for five years would be authorized under this title.

 

Title IV

 

This title encourages the Secretary of Health, Education and Welfare to persuade State and local communities to begin compliance with the Supreme Court decisions. If unable to do so, he would be authorized to prepare a tentative desegregation plan with the advice and assistance of local officials, organizations and citizens.

 

If such a plan is not acceptable to appropriate State or local officials, the Secretary is authorized to hold a hearing thereon at which all interested parties may be heard. After the hearing he shall formulate and publish an approved plan.

 

Title V

 

If the approved plan is rejected by the State or local officials, and all attempts at conciliation, persuasion, education and assistance have failed, the Attorney General is authorized to institute proceedings to enforce compliance.

 

 Such action may be dismissed by the Attorney General if the State or local government makes a prompt and reasonable start to comply with the Supreme Court hearings.

 

Any interested party is authorized to intervene in any action brought under this title and proposals of intervenors shall be considered by the court in determining its decree.

 

Title VI

 

This title authorizes the Attorney General, on a signed complaint or on his own certification, to seek preventive relief to protect persons being deprived of or threatened with deprivation of, equal protection of the laws because of race, color, religion or national origin, if the persons whose rights are invaded are unable to seek legal relief because of lack of finances, economic pressures or fear of physical harm.

 

The Attorney General would also be authorized to seek preventive relief to assist public officials in guaranteeing equal protection of the laws by enjoining anyone from hindering or attempting to hinder the execution of any court order protecting the equal protection of the laws.

 

In addition, the Attorney General would be authorized to proceed on behalf of any persons or associations being deprived or threatened with deprivation of rights under color of law because of support of Fourteenth Amendment rights.

 

The final section of this title would allow the Attorney General to intervene in any case brought in the Federal Courts seeking relief from a denial of equal protection of the law because of race, color, religion or national origin.

 

Title VII

 

The final title provides that any action brought under the bill may be brought without the necessity of exhausting administrative remedies.

 

Comment

 

Title I

 

The introductory part of the bill is important because, if adopted, it would mark the first specific approval of the Supreme Court’s anti-segregation decision by the Congress.

 

Title II

 

Title II would be of assistance to those communities which wish to proceed in good faith to comply with the Supreme Court decisions, but need advice and encouragement.

 

It would assist such communities in the necessary preparation for desegregation and help them avoid mistakes made in other communities.

 

Title III

 

Although the grants provided in this title to assist communities in desegregation would not be necessary if such communities had previously made proper provision for all students without regard to race, they can be justified as an extraordinary help that will ease the transition to a desegregated system. They should also encourage many communities now undecided to begin such a transition.

 

The grants to communities whose State funds have been cut off would support the principle of local option and should encourage more communities to defy these obviously unconstitutional State denials of funds.

 

Title IV

 

This part of the bill would provide an orderly administrative program for the formulation of desegregation programs for those areas where local officials fail to take the initiative.

 

It would undoubtedly speed up the desegregation process and make possible the initiation of programs in many communities where interested citizens are prevented from acting because of local pressures.

 

Title V

 

This title would provide the legal process for the enforcement of the plans formulated under Title IV. Such enforcement would occur only after all other methods of seeking compliance had failed.

 

Title VI

 

This is an expanded version of Part III of the Civil Rights Bill of 1957. It would protect persons denied equal protection of the laws because of race, color, religion or national origin, public officials who seek to vindicate equal protection of the laws, and persons and organizations who support equal protection.

 

Action by the Attorney General under this title would not be dependent upon action by the Department of Health, Education and Welfare under Title V, but could be taken at any time the conditions warrant.

 

This is the most comprehensive of all the versions of Part III.

 

Title VII

 

This last title would eliminate the delay required by exhaustion of administrative remedies in any case brought under the previous titles of the bill.

 

The Administration Program

 

The Administration, pursuant to the President’s Civil Rights Message of February 5, 1959, has submitted a seven point program. This program was submitted by Senator Dirksen (R., Ill.), the Minority Leader and Senator Goldwater (R., Ariz.) in seven separate bills, S. 955, S. 956, S. 957, S. 958, S. 959, S. 960 and S. 942.

 

Analysis

 

S. 955

 

This bill would make it a criminal offense to prevent, obstruct, impede or interfere with, by force or threat, or attempt to do so, the exercise of rights or performance of duties under any order, judgment or decree of court issued in a school desegregation case. It would not apply to a student, officer or employee of a school acting under direction of, or subject to disciplinary action, by school officials,

 

S. 956

 

This bill would make it a criminal offense to travel in interstate commerce to avoid prosecution or punishment for damage or destruction by fire or explosion of religious or school property.

 

S. 957

 

S. 957 would require election officials under criminal penalties to preserve registration and election records of Federal elections for three years and make theft, destruction or alteration of such records a criminal offense. It would make such records subject to examination by the Attorney General or his representative for confidential use by the Department of Justice.

 

District courts would be given jurisdiction to compel production of these election records.

 

S. 958

 

This bill would authorize appropriations for local educational agencies to aid desegregation programs. Such aid would be for non-teaching technical, professional and administrative personnel and for costs incurred in developing state desegregation programs.

 

Funds would be available to all states affected by the Supreme Court’s decisions. A state’s quota of the funds would be based on school attendance for the school year 1953-54. From a state’s allotment the Commissioner on Education would pay one-half of the expenses incurred by the State agencies for carrying out its plan of desegregation.

 

State plans for administering the funds would be formulated under criteria set out in the bill and approved by the Commissioner.

 

In the event a State fails to make application for funds, such funds could go directly to local educational agencies, with the State’s approval or if the States indicates it does not assume responsibility for desegregation.

 

The Commissioner is authorized to collect and disseminate information on progress of desegregation and to provide, upon request, information and technical assistance to State and local officials to aid them in developing desegregation programs.

 

Although the bill specifies no amount of expenditure, the estimate submitted by the Secretary of Health, Education and Welfare was for a total of $4,500,000 for the next two fiscal years.

 

S.959

 

S. 959 would amend Public Laws 815 and 874, 81st Congress, which establish the program of education aid to areas affected by Federal activities.

 

The proposed amendments would allow the Commissioner of Education to operate schools for all children of members of the Armed Services who are prevented from obtaining an education because of the closing of local public schools by State and local government action.

 

With respect to any schools constructed in the future under these public laws, the Commissioner would be authorized to take possession of them if they are not being used for providing free public education. Upon taking possession the Commissioner would be required to pay the local educational agency a rental fee, based on the local agency’s share of the cost of construction.

 

S. 960

 

S. 960 would extend the life of the Civil Rights Commission two years and require an interim report by September 1, 1959.

 

S. 942

 

The final bill of the Administration program would create a Commission on Equal Job Opportunity under Government Contracts.

 

The Commission would consist of fifteen members appointed by the President. It would have the authority to make investigations, studies and surveys and conduct hearings. It would be charged with the duty of making recommendations to the President and to government contracting agencies with respect to the preparation, revision, execution and enforcement of contract provisions relating to nondiscrimination.

 

Government contracting agencies would be charged with performing such duties requested by the President to cooperate with the Commission.

 

Comment

 

The chief disappointment of the Administration program is the failure of the President to renew his request for Part III of his Civil Rights Bill of 1957.

 

The manner in which the program was introduced, in seven separate bills, may make it difficult for the program to be considered in its entirety. This procedure may also give opponents of civil rights an opportunity to delay consideration by successive attacks on each component part. Some consideration should therefore be given to an omnibus bill containing the whole program.

 

S. 955

 

The present state of the law with respect to interference with rights under a Federal court decree is in a state of confusion. As a result of this, the Department of Justice has proceeded against obstructionists only as amicus curiae or on invitation of the courts.

 

This bill would give clear authority for the Department to investigate violence and threats and to prosecute those who seek to interfere with rights enunciated in the school desegregation cases. If passed, it should prove a great deterrent to the repetition of mob violence of the Clinton or Little Rock variety.

 

S. 956

 

The President’s message and the statement of the Attorney General indicate that this legislation will involve the FBI in investigation of all arson or bombings of schools and places of worship.

 

A reading of the bill, however, indicates that this is not a correct technical interpretation of the legislation. Such involvement of the FBI under this bill must be based on a presumption of interstate flight. Such a presumption could be made administratively, for investigative purposes, by the Department of Justice. But there is nothing in this bill to require such a presumption to be made. This could be corrected by writing such a presumption into the bill, such as is contained in the so-called Lindberg kidnapping law,

 

It should be noted that this bill does not relate to damage or destruction of business or residential property, as suggested by the Association.

 

S. 957

 

The purpose of this bill is to make all records relevant to voting in Federal elections available for inspection by the Department of Justice. It would be a great help to the Department in its investigation of voting cases under the Civil Rights Act of 1957.

 

The proposal to require such records to be retained for three years would block the proposal recently made in Alabama that voting officials destroy election records to cover up discrimination.

 

S. 958

 

The technical aid program proposed by this bill adopts the principle of the Douglas Bill, though on a greatly reduced scale both as to the extent of the program and the amount of aid to be given.

 

It could be of some help to those communities wishing to desegregate and in need of some help and encouragement to do so.

S. 959

 

This bill would guarantee continuing education to children of all servicemen where local schools close as a result of defiance of the Supreme Court decisions.

 

It would not, however, reach the basic defect in Public Laws 815 and 874—the failure to require that grants thereunder be used in conformity with the Supreme Court’s decisions.

 

The provision relating to the Commissioner’s taking possession of school buildings constructed under these laws would be of limited effect, as it would apply only to future construction.

 

S. 960

 

If the life of the Civil Rights Commission is to be extended, as proposed in this bill, consideration should be given to correction of the shortcomings of the Commission. Such shortcomings would include its composition, its tendency to restrict its authority and lack of authority to investigate except on sworn complaint.

 

S. 942

 

The Commission provided hereunder would replace the President’s Committee on Government Contracts, which operates under Executive Order.

 

The statutory duties and functions granted the Commission would not differ greatly from those now exercised by the Committee, except that it would be able to make its own investigations and conduct hearings.

 

It can only be hoped that such a Commission, with duties conferred by statute would be more effective than the present weak Committee.

 

To insure this, however, some enforcement power and a clear grant of jurisdiction, inclusive of the activities of labor unions as well as employers, should be given to the Commission.

 

Summary

 

The Douglas Bill, by specific reference, and the Javits Bill, by approval of the principle embodied therein, were approved by the last Annual Convention of the Association. Both, therefore, should be considered deserving of support by proponents of civil rights.

 

On the other hand, the Johnson Bill has nothing to recommend it to friends of civil rights. There is nothing in the bill which is not treated more adequately and constructively in other legislation pending in the Congress. In addition, it has one feature, the so-called conciliation provision, which could lead to the denial, dilution and delay of constitutional rights.

 

The anti-bombing provision of the bill is treated better in the Kennedy Bill (S. 188) and others, which provided for the legal presumption necessary to involve the FBI in investigations.

 

The subpoena power granted to the Department of Justice in voting cases is so hedged with delaying devices [as] to render it unacceptable. The Administration Bill treats this point much more directly and fully,

 

The extension of the life of the Civil Rights Commission is, of course, part of the Administration program as well as being the subject of several separate bills.

 

The following are members of the House and Senate committees to which civil rights bills have been referred:

HOUSE

Judiciary Committee

Education and Labor Committee

Emanuel Celler (D., N.Y.) Chairman

Francis E. Walter (D., Penna.)

Thomas J. Lane (D., Mass.)                                                    

Michael A. Feighman (D., Ohio)

Frank Chelf (D., Ky.)

Edwin E. Willis (D., La.)

Peter W. Rodino (D., N. J.)

E.L. Forrester (D., Ga.)

Byron G. Rogers (D., Colo.)

Harold D. Donohue (D., Mass.)

Jack Brooks (D., Tex.)

William M. Tuck (D., Va.)

Robert T. Ashmore (D., S.C.)

John Dowdy (D., Tex.)

Lester Holtzman (D., N.Y.)

Basil L. Whitener (D., N.C.)

Roland V. Libonati (D., Ill.)

J. Carlton Loser (D., Tenn.)

Herman Toll (D., Penna.)

Robert W. Kastenmeier (D., Wis.)

George Kasem (D., Calif.)

William McCulloch (R., Ohio)

William E. Miller (R., N.Y.)

Richard H. Poff (R., Va.)

Arch A. Moore, Jr., (R., W.Va.)

William C. Cramer (R., Fla.)

H. Allen Smith (R. Calif.)

George Meader (R., Mich.)

John E. Henderson (R., Ohio)

John V. Lindsay (R., N.Y.)

William T. Cahill (R., N.J.)

John H. Ray (R., N.Y.)

Graham Harden (D., N.C.) Chairman

Adam C. Powell, Jr., (D., N.Y.)

Cleveland M. Bailey (D., W.Va.)

Carl D. Perkins (D. Ky.)

Roy W. Wier (D., Minn.)

Carl Elliott (D., Ala.)

Phil M. Landrum (D., Ga.)

Edith Green (D., Ore.)

James Roosevelt (D., Calif.)

Herbert Zelenko (D., N.Y.)

Frank Thompson (D., N.J.)

Stewart L. Udall (D., Ariz.)

Elmer J. Holland (D., Penna.)

Ludwig Teller (D., N.Y.)

John H. Dent (D., Penna.)

Roman C. Puchinski (D., Ill.)

Dominick V. Daniels (D., N.J.)

John Brademas (D., Ind.)

Robert N. Giaimo (D., Conn.)

James G. O’Hara (R., Mich.)

Carroll D. Kearns (R., Penna.)

Clare E. Hoffman (R., Mich.)

Joe Holt (R., Calif.)

Stuyvesant Wainwright (R., N.Y.)

Peter Frelinghuysen, Jr., (R., N.J.)

William H. Ayres (R., Ohio)

Robert P. Griffin (R., Mich.)

John A. Lafore, Jr., (Penna.)

Edgar W. Hiestand (R., Calif.)

 

 

 

SENATE

Judiciary Committee

Labor and  Public Welfare Committee

James C. Eastland (D., Miss.),

Chairman

Estes Kefauver (D., Tenn.)

Olin D. Johnston (D., S.C.)

Thomas C. Hennings, Jr., (D., Mo.)

John L. McClellan (D., Ark.)

Joseph C. O’Mahoney (D., Wyo.)

Sam J. Irwin, Jr., (D., N.C.)

John A. Carroll (D., Colo.)

Thomas J. Dodd (D., Conn.)

Philip A. Hart (D., Mich.)

Alexander Wiley (R., Wis.)

William Langer (R., N.D.)

 Roman L. Hruska (R., Neb.)

Thomas E. Martin (R., Iowa)

 

Lister Hill (D., Ala), Chairman

James E. Murray (D., Mont.)

John F. Kennedy (D., Mass.)

Pat McNamara (D., Mich.)

Wayne Morse (D., Ore.)

Ralph W. Yarborough (D., Texas)

Joseph S. Clark (D., Penna.)

Jennings Randolph (D., W. Va.)

Harrison A. Williams (D., N.J.)

Barry Goldwater  (R. Ark. [Ariz.])

John Sherman Cooper (R., Ky.)

Everett M. Dirksen (R., Ill.)

Clifford P. Case (R., N.J.)

Jacob K. Javits (R., N.Y.)

Winston L. Prouty (R., Vt.)

                                                                                                                                    
The following bills introduced in the House correspond in general to the Senate bills as indicated:

 

S. 456 – H.R. 3148 (Celler, D., N.Y.); H.R. 618 (Powell, D., N.Y.) 

S. 810 – H.R. 3147 (Celler, D., N.Y.); H.R. 300  (Dawson, D., Ill.);

              H.R. 430   (Roosevelt, D., Calif.); H.R. 913 (Powell, D., N.Y.)

 

S. 942 – H.R. 4169 (Kearns, R., Penna.); H.R. 4348 (Celler, D., N.Y.)

 

S. 955 – H.R. 4339 (Celler, D., N.Y.)

 

S. 956 – H.R. 4344 (Celler, D., N.Y.)

 

S. 957 – H.R. 4338 (Celler, D., N.Y.)

 

S. 960 – H.R. 4342 (Celler, D., N.Y.)

 

H.R. 4457, introduced by Congressman McCulloch (R., Ohio), contains the provisions of S. 942, S. 955, S. 956, S. 957, S. 958, S. 959 and S. 960.

 

The analysis of civil rights bills set forth in this report was made by J. Francis Pohlhaus, Counsel of the Washington Bureau. While serving on the legal staff of the Civil Rights Section of the U.S. Department of Justice, Mr. Pohlhaus was able to evaluate the effectiveness of existing civil rights laws and to reach personal conclusions on how these laws could be strengthened. Since joining the Bureau staff, he has given extensive attention to the legislative steps that must be taken to meet the challenges in the civil rights field today.

 

 

 

SEPTEMBER 8, 1960

CONGRESSIONAL CIVIL RIGHTS RECORD

OF PRESIDENTIAL AND

VICE PRESIDENTIAL CANDIDATES

 

All of the Presidential and Vice-Presidential candidates have served in Congress and have had the opportunity to act on important civil rights issues. Their stands on fifty important issues as recorded by the Washington Bureau, NAACP, are reported herewith.

 

The Congressional service of these candidates (listed alphabetically) is as follows:

 

Senate Majority Leader Lyndon B. JOHNSON:  Democrat, Texas, House of Representatives – elected to

80th Congress on April 10, 1937. Elected to Senate to 81st Congress on November 2, 1948. Served in Senate to date.

 

Senator John F. KENNEDY:  Democrat, Massachusetts, House of Representatives – elected to 80th Congress

on November 5, 1946. Elected to Senate to 83rd Congress on November 4, 1952. Served in Senate to date.

 

Ambassador Henry Cabot LODGE:  Republican, Massachusetts. Elected to Senate to 75th Congress on November 3,

1936.  Served until 1944. Resigned to enter Army. Re-elected to 80th Congress on November 1946. Served to January 1953.

 

Vice-President Richard M. NIXON:  Republican, California. House of Representatives – elected to 80th Congress

on November 5, 1946. Elected to Senate to 82nd Congress on November 7, 1950. Elected Vice-President on November 4, 1952. Served as Vice-President to date.

 

SENATE RECORD

 

Following is the civil rights voting record in the Senate on issues directly related to Civil Rights by Presidential and Vice-Presidential candidates, including pertinent procedural actions.

 

This record goes back to the 77th Congress (January 3, 1941, to December 16, 1942) and each issue is listed separately. If a candidate’s name does not appear under a specific issue it means (unless otherwise indicated) that he was not in Congress when that issue was acted on.

 

A copy of the voting record prepared by the Washington Bureau was furnished each of the candidates with a request for his comments. At the time of the preparation of this report (September 8) only Senator Kennedy had responded. His letter is set out herein.

 

In the event any of the other candidates respond prior to distribution of this report, the answers will be appended.

 

86th Congress

 

The Civil Rights Bill of 1960

 

The Civil Rights Bill passed by Congress failed to meet the NAACP’s standard of a meaningful civil rights bill because the Congress failed to strengthen the “skeleton” bill by adding any significant amendments.[1]

 

In other sessions of previous Congresses, the fate of civil rights legislation of ten was determined by Senate votes on procedural matters. This was not so with respect to the Civil Rights Act of 1960, because both those who favored a strong bill and those who favored a weak bill were in agreement that some civil rights legislation would be enacted. Under these circumstances the votes on procedure under which the Senate brought the bill to the floor are not included in this report.

 

At the close of the 1st Session of the 86th Congress, Majority Leader Johnson and Minority Leader Dirksen announced that civil rights legislation would be considered by the Senate in the 2nd Session and that such consideration would begin about February 15, 1960.

 

Pursuant to this commitment, the debate on civil rights legislation began on February 15 when Senator Dirksen proposed the Administration’s program in the form of amendments to a pending bill, with the cooperation of Senator Johnson.

 

In the Senate, the failure to strengthen the bill was due to the refusal of the Senate to vote an end to the filibustering tactics of the segregation bloc and more importantly, to an agreement between the Majority Leader, Senator Lyndon Johnson (D., Texas), the Minority Leader, Senator Everett Dirksen (R., Ill.) and northern members of both parties to defeat any strengthening amendments.

 

1. After almost a month of southern filibustering against a civil rights bill, Senators Douglas (D., Ill.) and Javits (R., N.Y.) filed a cloture petition. A vote was taken on March 10, 1960. If the Senate had acted favorably, the filibuster would have been broken and the Senate could have worked to enact a strong civil rights bill. The cloture motion lost by a vote of 42 to 53.

 

FOR the Cloture Motion

 

Kennedy

 

AGAINST the Cloture Motion

 

Johnson

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

2. Also on March 10, 1960, the Senate voted on Part III, which would have strengthened the civil rights bill by authorizing the U. S. Attorney General to file civil suits for injunction to protect civil rights. Part III was defeated when the Senate adopted a motion to table offered by Senator Johnson by a vote of 55 to 38. Senator Johnson’s motion killed Part III.

 

FOR Part III

 

Kennedy

 

AGAINST Part IIII

 

Johnson

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

3. Other attempts to strengthen the civil rights bill were defeated by a bi-partisan coalition headed by Senator Johnson and Senator Dirksen.

 

Vice-President Nixon has been serving as Chairman of the President’s Committee on Government Contracts since August, 1953.

 

This Committee seeks to guarantee non-discrimination in employment by firms working on Government contracts.

 

This Committee operates under Executive Order. President Eisenhower suggested that it be replaced by a permanent Commission with statutory authority.

 

An amendment to establish a permanent Commission on Equal Job Opportunity Under Government Contracts to prevent racial discrimination by firms granted Government Contracts was defeated on April 1, 1960, by the adoption of Senator Dirksen’s motion to table. The Dirksen motion was carried by a vote of 48 to 38.

 

AGAINST the Commission

 

Johnson

 

Not Voting

 

Kennedy

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

4. On April 4, 1960, another strengthening amendment was killed. Senator Kenneth Keating (R., N.Y.) offered an amendment providing technical assistance to area desegregating their schools and endorsing the Supreme Court’s decision on school desegregation.  Senator Mike Mansfield (D., Mont.) moved to table. The Mansfield motion was adopted by a vote of 61 to 30.

 

AGAINST Supporting the Court Decision

 

Johnson

 

Not Voting

 

Kennedy

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

5. On April 8, 1960, the Civil Rights Bill of 1960 (H.R. 8601) passed by a vote of 71 to 18.

 

FOR the Civil Rights Bill

 

Johnson                         Kennedy

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

6. On August 9, during the Session of Congress following the national political conventions, Senator Dirksen (R., Ill.) introduced S. 3823, a bill to create a permanent President’s Committee on Equal Job Opportunity and to provide federal financial assistance to areas desegregating their schools.

 

Senator Clark (D., Pa.) moved to table S. 3823. His motion was adopted by a vote of 54 to 28. This prevented any further action on the bill. This was the only record vote on civil rights between the adoption of the party platforms and the adjournment of the 86th Congress.

 

AGAINST Taking Action on the Civil Rights Bill

 

Johnson                              Kennedy

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

7. On June 22, 1960, Senator Javits (R., N.Y.) offered an amendment to an appropriation bill which would have refused Federal funds for construction of any airport terminal building containing racially segregated facilities. This was defeated by the adoption of a tabling motion offered by Senator Magnuson (D., Wash.) by a vote of 58 to 29.

 

AGAINST the Javits Amendment

 

Johnson

 

Not Voting

 

Kennedy

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

On February 2, 1960, Senator Javits proposed an anti-poll tax bill as a substitute for a resolution proposing three constitutional amendments, one of which was to abolish the poll tax. It has long been the position of the NAACP and other civil rights organizations that the poll tax can be abolished by Congressional action, without resorting to a Constitutional amendment. To attempt to do it by Constitutional amendment would establish an undesirable precedent for other civil rights matters. Therefore, the Association supported the Javits substitute. It was defeated by a vote of 50 to 37.

 

FOR the Javits Bill

 

Kennedy

 

did not vote, but was paired for the bill

 

AGAINST the Javits Bill

 

Johnson

 

- - - - - - - - - - - - - - - - - - - - - - - - - - -

 

9. Senate Rule 22 makes it virtually impossible to limit debate in the Senate especially on Civil Rights Bills. The southerners by filibustering either block civil rights legislation or give the Senate an excuse to compromise on such legislation. Therefore, the NAACP supports a change in this rule and supports all efforts to end filibusters against civil rights legislation.

 

When the 86th Congress met, civil rights supporters attempted to secure a change in Senate Rule 22, the filibuster rule. Senator Anderson (D., N. Mex.) offered a motion which would have allowed the Senate to take up Rule 22 for change and to consider proposals to make the Rule more liberal. The Anderson motion was defeated when the Senate adopted a motion to table it on January 9, 1959, by a vote of 60 to 36. The tabling motion was offered by Majority Leader Lyndon Johnson.

 

FOR the Anderson Motion

 

Kennedy

 

AGAINST the Anderson Motion

 

Johnson

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

Opinion of the Vice-President

 

10. Prior to the vote on the Anderson motion, on January 7, Vice-President Nixon, in response to a parliamentary inquiry from Senator Javits (R., N.Y.) expressed the opinion “that the majority of the Senate has a constitutional right at the beginning of each new Congress to determine what rules it desires to follow.”

 

This opinion, if upheld by the Senate, would make it easier for the Senate to change Rule 22 (the filibuster rule) than has been possible in the past.

 

Senator Johnson’s motion to table Senator Anderson’s motion made it unnecessary for the Senate to vote on the Vice-President’s opinion.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

11. On September 14, 1959, the Senate approved extending the life of the Civil Rights Commission for two years by a vote of 71 to 18.

 

FOR the Extension

 

Johnson                            Kennedy

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

85th Congress

 

12. On January 4, 1957, the Senate by a vote of 55 to 38 defeated Senator Anderson’s motion that would have changed Rule 22 (the filibuster rule) by accepting Senator Johnson’s motion to table.

 

On the same day, prior to the vote, Vice-President Nixon answered a parliamentary inquiry by Senator Hubert Humphrey (D., Minn) by an opinion, in which he stated: “when the membership of the Senate changes as it does upon the election of each Congress, it is the Chair’s opinion that there can be no question that the majority of the new existing membership of the Senate, under the Constitution, have the power to determine the rules under which the Senate will proceed.”

 

This opinion, if supported by the Senate, would make a change in Rule 22 easier.

 

The parliamentary situation prevented a vote on the Vice-President’s ruling, as the adoption of the Johnson motion prevented any further action on Rule 22 at that time.

 

FOR the Anderson Motion

 

Kennedy

 

AGAINST the Anderson Motion

 

Johnson

- - - - - - - - - - - - - - - - - -- - - - - - - - - - - --

 

When H. R. 6127, the Civil Rights Bill, came to the Senate from the House, opponents sought to kill it by forcing it into Senator Eastland’s Judiciary Committee.

 

When Senator Knowland (R., Cal.) on June 20, 1957, objected to the bill’s being sent to the Judiciary Committee, Senator Russell (D., Ga.) raised a point of order, insisting that under the Senate Rules the bill must go to the Committee before coming to the Senate floor for debate.

 

13. Vice-President Nixon stated his opinion that Senator Russell’s point of order was not well taken. In the course of his opinion, Mr. Nixon stated:

 

“How can the right of the Senate to decide whether a bill should be referred to committee be protected?

 

In the opinion of the Chair, the following procedure, based on Senate precedents, accomplished that objective.

 

“In the absence of objection, after second reading of a bill, it will, under the long established practice of the Senate, be immediately referred to the committee designated by the provisions of rule XIV.

 

“If objection is made under paragraph 4, rule XIV, and a point of order is not raised against the objection, the bill will be placed on the calendar. . . . . . .

 

“The Senate, in effect, by failing to raise a point of order, waived its right to refer the bill to committee.

 

“If when a Senator attempts to invoke paragraph 4, rule XIV, a point of order is raised on the ground that the bill should be referred to committee….. the Chair can decide the point of order or submit it to the Senate for decision. . . . . .

 

“It is the Chair’s opinion that the point of order is not well taken but . . . . . . the Chair believes that the proper procedure is to submit the point of order to the Senate under rule XX. . . . . . .”

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

14. The Senate overruled the Russell point of order by a vote of 49 to 39 on June 20, 1957, defeating the attempt to send the bill to the Eastland Committee.

 

FOR Sending the Bill to Eastland Committee

 

Johnson                              Kennedy

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

15. When the bill (H.R. 6127) was considered by the Senate, Part III, which would have allowed the Attorney General to act in civil rights cases, was taken out by a vote of 52 to 38 on July 24, 1957.  This part of the bill would have given the Justice Department new power to act in matters such as the Little Rock and Virginia school cases.

 

FOR Part III

 

Kennedy

 

AGAINST Part III

 

Johnson

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

16. The Senate attached a jury trial amendment to the civil rights bill over the opposition of the civil rights forces on August 2, 1957, by a vote of 51 to 42.

 

FOR the Jury Trial Amendment

 

Johnson                   Kennedy

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

17. On August 29, 1957, the Senate passed the Civil Rights Bill of 1957 (H.R. 6127) by a vote of 60 to 15.

 

FOR the Civil Rights Bill

 

Johnson                       Kennedy

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

18. The southern bloc opposed the nomination of W. Wilson White as head of the Civil Rights Division, in order to frustrate the work of the Division and because Mr. White had advised the President on the use of troops in Little Rock. On August 18, 1958, Mr. White’s nomination was approved by a vote of 56 to 20.

 

FOR the White Nomination

 

Kennedy

 

AGAINST the White Nomination

 

Johnson

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

19. In the closing days of the 85th Congress, opponents of the Supreme Court made a desperate effort to limit the jurisdiction of the Supreme Court and other Federal Courts. The Jenner-Butler Bill would have reversed some of the liberal decisions of the Supreme Court and taken away from the Court the authority to hear appeals in cases affecting the right to practice law in the state courts. The Senate killed the Jenner-Butler Bill on August 20, 1958, by adopting Senator Hennings’ motion to table it by a vote of 49 to 41.

 

FOR the Hennings’ Motion

 

Johnson                    Kennedy

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

20. The McClellan Bill would have limited the right of Federal courts to strike down state laws as being in conflict with Federal laws except where Congress specifically granted such authority. It was strongly opposed by the NAACP. Two attempts were made to kill this bill. The first, a motion to table by Senator Hennings on August 20, 1958, failed by a vote of 46 to 39.

 

FOR the Hennings’ Motion

 

Johnson                    Kennedy

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

21. The second attempt to kill the McClellan bill, a motion to recommit, by Senator John Carroll (D., Colo) passed on August 21, 1958, by a vote of 41 to 40.

 

FOR the Carroll Motion

 

Johnson                     Kennedy

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

84th Congress

 

On August 1, 1955, an attempt was made to continue a prohibition of payment of the Poll Tax by servicemen who use absentee ballots, but was defeated 56 to 22.

 

Not Voting

 

Johnson                   Kennedy

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

23. The NAACP opposed the Daniel-Mundt Resolution proposing a Constitutional amendment which would have changed the method of electing the President. The Resolution was drafted to give more power to the southern states in the election of the President and Vice President.

 

Senator Kennedy successfully led the floor fight in the Senate against the Daniel-Mundt Resolution. It was defeated on March 27, 1956, when it failed to secure the required two-thirds vote.

 

FOR the Daniel-Mundt Resolution

 

Johnson

 

AGAINST the Daniel-Mundt Resolution

 

Kennedy

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

23. President Eisenhower nominated Solicitor General Sobeloff to be a Circuit Court Judge. The southerners opposed him because he had represented the Department of Justice in opposing school segregation before the Supreme Court. On July 16, 1956, the Senate approved the Sobeloff nomination by a vote of 64 to 19.

 

FOR the Sobeloff Nomination

 

Johnson                       Kennedy

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

In connection with school desegregation, it should be noted that Senator Johnson did not sign the Southern Manifesto attacking the Supreme Court’s decision in the school case.

 

25. On July 24, 1956, Senator Douglas made a motion to adjourn the Senate. If adopted it would have made possible Senate consideration of the House-passed Civil Rights Bill, H. R. 627. The motion was defeated by a vote of 76 to 6.

 

AGAINST the Douglas Motion

 

Johnson                    Kennedy

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -  - - - - - - - - - -

 

83rd Congress

 

26. Senator Anderson sponsored a motion to change Rule 22 (the filibuster rule.) It was defeated by a vote of 70 to 21 on January 7, 1953.

 

FOR the Anderson Motion

 

Kennedy

 

AGAINST the Anderson Motion

 

Johnson

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

82nd Congress

 

27. Senator Herbert Lehman (D., N.Y.) sponsored an amendment which would have made violence against servicemen punishable as a Federal crime. On March 7, 1951, it was defeated 57 to 30.

 

FOR the Lehman Amendment

 

Lodge

 

AGAINST the Lehman Amendment

 

Johnson                   Nixon

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

28. In this Congress the Senate Committee on Labor and Public Welfare considered FEPC legislation.

 

Senator Humphrey (D., Minn.) submitted a report for a majority of the Committee recommending passage of S. 2080, a bill to “prohibit discrimination in employment because of race, color, religion, or ancestry.”

 

Senator Nixon and Senator Robert Taft (R., Ohio), who were on the Committee dissented with the majority recommendation, as follows:

 

                        “We do not concur in the views of the majority and reserve the right to

                        file individual views at a later date.”

 

The Congressional Record  indicates that no such views were filed.

 

The Senate failed to act on S. 2080.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

81st Congress

 

29. At the opening of the 81st Congress, Vice President Barkley gave a ruling that would have made it easier to break a filibuster. On March 11, 1949, the Senate overruled the Vice President, 46 to 41.

 

FOR the Barkley Ruling

 

Lodge

 

AGAINST the Barkley Ruling

 

Johnson

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

30. On March 17, 1949, the Senate adopted the Wherry-Hayden Resolution by a vote of 63 to 23. This tightened Rule 22 (the filibuster rule) to make it more difficult to end filibusters. It set up a requirement of two-thirds vote of the entire Senate membership (including those not voting) to invoke cloture. It also prohibited cloture on any change in Senate rules.

 

FOR the Wherry-Hayden Resolution

 

Johnson

 

AGAINST the Wherry-Hayden Resolution

 

Lodge

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

31. Senator Lodge introduced a resolution to enact a constitutional amendment to change the method of electing the President. This was known as the Lodge-Gossett Resolution. The effect of it would have been to increase the power of the South in Presidential elections. It was opposed by the NAACP.

 

On February 1, 1950, the Senate passed the Lodge-Gossett Resolution by a vote of 64 to 24. It was subsequently defeated in the House of Representatives.

 

FOR the Lodge-Gossett Resolution

 

Lodge

 

Not Voting

 

Johnson

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

32. Senator Lodge sponsored an NAACP supported amendment to a Federal aid to education bill to require states to abolish racial segregation in their schools as a condition of receiving Federal assistance. On May 3, 1949, this amendment was defeated in the Senate by a vote of 65 to 16.

 

FOR the Amendment

 

Lodge

 

AGAINST the Amendment

 

Johnson

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

33. Two votes were taken to end filibuster against FEPC. On May 19, 1950, the first of these failed by a vote of 52 to 32 (64 votes were needed).

 

FOR Ending the Filibuster

 

Lodge

 

AGAINST Ending the Filibuster

 

Johnson

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

On July 12, 1950, the second attempt to end the FEPC failed by a vote of 55 to 33.

 

FOR Ending the Filibuster

 

Lodge

 

AGAINST Ending the Filibuster

 

Johnson

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

35. Senator Lucas (D., Ill.) sponsored an amendment to protect integration in the Armed Forces. This amendment was approved by a vote of 42 to 29 on January 21, 1950.

 

FOR the Lucas Amendment

 

Lodge

 

AGAINST the Lucas Amendment

 

Johnson

 

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80th Congress

 

36. Senator William Langer (D., N. Dak.) sponsored an amendment to prohibit segregation in the Armed Forces. On June 7, 1948, this amendment was defeated by a vote of 67 to 7.

 

AGAINST the Langer Anti-Segregation Amendment

 

Lodge

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

37. Also on June 7, 1948, Senator Langer offered an amendment to make violence to servicemen punishable as a Federal crime. This was defeated by vote of 61 to 7.

 

AGAINST the Langer Anti-Violence Amendment

 

Lodge

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

38. On June 7, 1948, the Senate by a vote of 37-35 adopted an amendment to the Selective Service Act eliminating the payment by servicemen of the poll tax as a prerequisite to voting in Federal elections.

 

FOR the Langer Anti-Poll Tax Amendment

 

Lodge

 

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77th Congress

 

39. November 23, 1942 the Senate voted on a cloture motion to end a filibuster against an anti-poll tax bill. The cloture motion was not adopted.

 

FOR Ending the Filibuster

 

Lodge

 

HOUSE RECORD

 

Following are the records of Senator Johnson, Senator Kennedy and Vice President Nixon from the 77th through the 82nd Congresses in the House of Representatives.

 

                        Senator Johnson was in the House during the 77th to 80th Congresses.

 

                        Senator Kennedy was in the House in the 80th, 81st and 82nd Congresses.

 

                        Vice-President Nixon was in the House in the 80th and 81st Congresses.

 

82nd Congress

 

40. The NAACP opposed a bill offered by Representative Rankin (D., Miss.) which would have established a Jim Crow Veterans Hospital. It was defeated by a vote of 2223 to 117 on June 6, 1951.

 

Not Voting

 

Kennedy

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

81st Congress

 

41. The NAACP supported an amendment which prohibited segregation in the SPARS, the Women’s Auxiliary of the Coast Guard. The amendment was adopted on April 4, 1949, by a vote of 193 to 153. (The bill, as amended, was then killed by a non-record vote recommitting it to Committee.)

 

FOR the Amendment

 

Kennedy                        Nixon

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

42. The NAACP supported a bill to abolish the Poll Tax. On July 26, 1949, the bill passed the House by a vote of 273 to 116. (The bill died in the Senate.)

 

FOR the Bill

 

Kennedy                           Nixon

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

43. The House considered a strong FEPC bill introduced by Mr. Powell. Instead of passing this, it passed a weak substitute, sponsored by Mr. Samuel McConnell on February 22, 1950. (The bill died in the Senate.)

 

FOR Strong FEPC

 

Kennedy

 

AGAINST Strong FEPC

 

Nixon

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

44. On July 17, 1950, the House defeated the Lodge-Gossett Resolution by a vote of 210 to 134. This resolution proposed a change in the method of electing the President so as to give increased power to the South in Presidential elections.

 

FOR the Lodge- Gossett Resolution

 

Nixon

 

Not Voting

 

Kennedy

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

80th Congress

 

45. On July 21, 1947, the House passed the Bender anti-poll tax bill. This bill died in the Senate.

 

FOR the Bill

 

Kennedy                                  Nixon

 

AGAINST the Bill

 

*Johnson

_____

*Not voting, but paired

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -  - - - - - - - - - - -

 

79th Congress

 

46. On June 12, 1946, the House passed an anti-poll tax bill. This bill was killed in the Senate by a southern filibuster.

 

AGAINST the Poll Tax Bill

 

Johnson

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

47. On February 21, 1946, the House adopted an amendment offered by Congressman Powell (D., N.Y.) to the National School Lunch Act. The amendment prohibited discrimination in the use of school lunch funds.

 

AGAINST the Powell Amendment

 

Johnson

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

48. An attempt to get a vote on an Anti-Lynching Bill was made by having Congressmen sign a discharge petition.

 

Non-Signer

 

Johnson

 

78th Congress

 

49. On May 25, 1943, the House passed an anti-poll tax bill.

 

AGAINST the Bill

 

Johnson

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

77th Congress

 

50. On October 13, 1942, the House passed an anti-poll tax bill.

 

AGAINST the Bill

 

Johnson

 

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Each of the candidates was supplied a copy of the above record and asked to submit any comments he cared to make.

 

Senator Kennedy responded as follows:

           

June 23, 1960

 

Mr. Clarence Mitchell

Director, Washington Bureau

National Association for the

Advancement of Colored People

Hotel St. Paul

St. Paul, Minnesota

 

Dear Mr. Mitchell:

 

Thank you for sending me a copy of your report on the civil rights record of the Presidential candidates.

 

I would appreciate your noting in the report that, although I was absent from the Senate on April 4, 1960, when the vote was taken on the amendment to provide technical assistance to areas desegregating their schools and endorsing the Supreme Court’s decision on school desegregation, I did support and was announced as supporting the amendment. (Congressional Record, page 6743.)

 

As you know, the amendment was defeated by a wide margin, so my vote was not required. On a number of occasions when my vote was needed in the efforts to strengthen the civil rights bill, I interrupted my primary campaign to case such votes.

 

Similarly, I supported the amendment to establish a permanent Commission on Equal Job Opportunity under Government contracts, and my support was so announced. (Congressional Record, page 6653.)  Moreover, on eleven separate occasions, both in committee and on the floor of Congress, I have voted for a strong Fair Employment Practices Commission.

 

You might also be interested in the fact that in my first major address on the Senate floor, on May 20 1953, I called for Congressional action to end discrimination in employment in general and with regard to Government contracts in particularly.
Such discrimination is one of the worst types of labor exploitation,” I said, and has “very serious adverse effects upon our international relations, our society, and the individual.”

 

The report also indicates that I did not vote on the August 1, 1955 motion to eliminate the poll tax for servicemen. My record on this is quite clear. One of my first votes as a freshman Representative from Massachusetts was in favor of eliminating the poll tax.

 

One omission in the record of votes occurs to me - - the votes on the amendments to adopt the more effective registrar plan or to adopt both the registrar and referee plans in an effective combination. I supported all of these attempts to strengthen the 1960 Civil Rights Act.

 

As to the jury trial amendment in 1957, I voted on the advise of outstanding civil liberties law experts whom I consulted, who were also notable champions of civil rights - - and in practice the provision adopted requiring a jury trial if anyone is to be in jail for more than 45 days has not been a hindrance. The Administration has not even used the powers provided - - and has not asked any court to hold any violator of voting rights in contempt.

 

It will be the duty of the next Democratic Administration to use the full powers of the 1957 and 1960 Acts to see that no American is denied his right to vote by reason of race. The next President and his Attorney General must take effective action to make good this primary guarantee of the Constitution.

 

So, too, the high office of the Presidency must be used to provide the effective, creative, persuasive leadership necessary if we are to fulfill the great constitutional promise of equal protection - - of equal opportunity - - for all Americans in all parts of our public life.

 

With every good wish, 

 

                                                                                                Sincerely,

 

                                                                                                /s/ John F. Kennedy

 

THE PARTY PLATFORMS

 

Both the Democratic and Republican National Conventions in their party platforms adopted stronger civil rights planks than they had ever accepted previously.

 

NAACP Executive Secretary Roy Wilkins issued the following statement relative to these civil rights planks:

 

“There are striking differences between the 1960 planks of both parties and the ones adopted by them in 1956. Both are far ahead of those chosen four years ago.

 

“The Democratic plank is stronger and more comprehensive and does not shrink from the touchy topics of FEPC and the Part III provision which was chopped from the 1957 civil rights bill. Even more significant than the differences between the Republican and Democratic planks this year are the area of agreement.

 

“For the first time both parties have put themselves on record unequivocally as favoring the elimination of segregation and other forms of discrimination from all areas of community and national life.

 

“Both have pledged to remove the procedural roadblocks in the Congress that have impeded progress towards that goal.

 

“Both have reaffirmed support of the historic right of peaceful protest against the indignities and injustices of discriminatory treatment.

 

“Most importantly, both have recognized the need for affirmative legislative and executive action by the federal government and have committed themselves to such a course.

 

“In the area of voting, both parties have pledged vigorous enforcement of existing statutes and new legislation to overcome the barriers import by present “literacy” tests.

 

“In the area of housing, both parties have pledged action to prohibit discrimination in all housing constructed with federal funds or subsidies. The Democratic plank goes beyond this in that its term, “federally-assisted,” would appear to include as well all the insuring and lending functions of the federal government.

 

“In the area of employment, both parties have pledged the elimination of discrimination within the federal establishment and on all work performed under government contract. We strongly favor the provision in the Democratic plank calling for the enactment of a federal FEPC and we trust that the “full scale review” referred to in the Republican plank will lead to Republican support of such a measure.

 

“In the area of education, both parties have pledged to implement the Supreme Court’s public school desegregation ruling of 1954 and to provide technical and financial assistance to school districts in order to facilitate compliance with that decision.”

 

“The Republicans would authorize the Attorney General to file civil injunction suits, but only in school desegregation cases and then only under certain circumstances. The Democratic language is plain and unrestricted, authorizing injunctive action “to prevent the denial of any civil rights on grounds of race, creed or color.”  Ironically, this provision was included in President Eisenhower’s legislative program which was adopted as part of the 1956 Republican platform.

 

“Our aim is to accelerate compliance with the school decision and to lift the heavy burden of litigation from harassed Negro parents. We hope that the deadline date set by the Democrats and the civil injunction proposals will result in more speed and less deliberateness.

 

“The time has come to charge every school board affected by the Supreme Court’s ruling with responsibility for initiating compliance. School authorities must not be permitted to continue the evasion of the law of the land which has resulted in a disgraceful average desegregation rate of one per cent a year.

 

“We approve the provision in the Democratic plank for a permanent civil rights commission with broad powers and we heartily endorse the important and significant opposition by the Republicans to the use of federal funds for the construction of segregated community facilities.

 

“The interest, attention and controversy surrounding the discussion of the civil rights plank in both the Republican and Democratic national conventions indicate clearly that civil rights can no longer be regarded as a narrow issue of concern to minority groups alone. It must be recognized and dealt with as a national question that challenges the integrity of our democratic professions and our leadership of the free world.

 

“Neither the Republican nor the Democratic party by itself can make good the promises for civil rights legislation set forth in their platforms. Neither alone can “deliver.”

 

“Only through united action by both parties in vigorous support of the pledges they have made in common can we realize the goal of equal justice and equal opportunity to which both parties stand committed and to which our nation is dedicated.

 

“We look forward to a beginning on such united action in the post-convention session of Congress next month.

 

                        COMPILED BY:  J. Francis Pohlhaus

                                                      Washington Bureau, NAACP

 

For further information and/or additional copies, Contact:

 

                                    Washington Bureau, NAACP

                                    100 Massachusetts Avenue, N. W.

                                    Washington 1, D. C.

 


 

The following letter was received following preparation of the above record:

 

            September 25, 1960

 

Mr. Clarence Mitchell, Director

Washington Bureau

National Association for the Advancement of

                                    Colored People

100 Massachusetts Avenue, N. W.

Washington 1, D. C.

 

Dear Clarence:

 

The principal addition which I would suggest to the record which you have been good enough to compile is the action taken when the Congress returned after the party conventions this summer. At those conventions both parties pledged strong Civil Rights action. Upon the resumption of the Congressional session, the Republicans took appropriate steps to bring the Civil Rights issue to the attention of the Senate. The first effort was to restore to the Civil Rights Act of 1960 those provisions recommended by the President and supported by me which were stricken from the bill during its passage through the Congress. These provisions were as follows:

 

1. A section to create a Commission on Equal Job Opportunity which would make permanent and strengthen the Committee now operating as the President’s Committee on Government Contracts and which would have for its purpose the elimination of racial discrimination in work performed under Government contract.

 

2. A provision to authorize technical and financial aid to the school districts which desegregated in compliance with the Supreme Court interpretation of the Constitution.

 

This effort by the Republicans was frustrated by a motion to table by a Democratic senator.[2] The motion was carried by almost a straight party vote (54 – 28), almost all the Democrats including Senator Kennedy and Senator Johnson, voting for the motion, and all the Republicans, except two, voting against it. This prevented any further effort to add these provisions to the Civil Rights Act of 1960.

 

Although the reason given for this action by the Democratic Party was its desire to prevent the obstruction of other matters pending in Congress, in fact, no constructive action was taken on any other major matter during the resumed session of Congress. It seemed to me and the Republican Senators that it would help the voters in selecting their next President to witness a test of the sincerity of the respective party platforms on Civil Rights. This session could have furnished such a test had the Democrats been willing to permit it to do so.

 

The record is, of course, only of legislative action. During the past eight years as Vice President, my efforts in this field have been primarily in conjunction with the Executive Branch of the government rather than the Legislative. As Chairman of the President’s Committee on Government Contracts and as a participant in the formulation of policy recommendations for the President, I believe that I have contributed to the action of the present Administration in the most fruitful eight years of Civil Rights gains in eighty years.

 

The basic draft of the Civil Rights plank in the Republican platform was drafted under my supervision and approved by me before it was sent to the Resolutions Committee in Chicago. The few additions which were made there were also approved by me. I stand for it in word and spirit and I shall do my best to bring about its fulfillment if entrusted with the responsibility for doing so.

 

With kindest regards.

 

                                                                                                Sincerely yours,

 

                                                                                          /s/  Dick Nixon

 

                                                                                                Richard Nixon

 


 

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