May 13, 2004 CONGRESSIONAL RECORD — SENATE S5457 For the , future trends look from the State of South Carolina. In gasoline money. They said: Well, you challenging, many analysts say. December of 1952, the arguments before have it for the White children. They In a report last month, the American Asso- the U.S. Supreme Court, let the record have the money. We have to walk to ciation for the Advancement of Science said show that Thurgood Marshall, chief the Scotts Branch School—which was a the Bush administration, to live up to its pledge to halve the nation’s budget deficit in counsel for the NAACP, did not argue 9-mile walk for some of them—down a the next five years, would cut research fi- the Brown case; he argued the Briggs v. dirt road. nancing at 21 of 24 federal agencies—all those Elliott case of South Carolina. This is We get this big yellow bus full of that do or finance science except those in- not to take in any sense away from the White children passing us in the dust volved in space and national and domestic Kansas situation, but everyone should or in the rain—whichever of the two. security. realize the State of Kansas had only a They said: And we just fixed up the More troubling to some experts is the like- 7-percent minority population. People bus. It won’t cost you anything. lihood of an accelerating loss of quality sci- did not understand that. There was a They said: No. You folks don’t pay entists. Applications from foreign graduate law to the effect that all cities in ex- taxes and we don’t have any money for students to research universities are down by a quarter, experts say, partly because of cess of 15,000 population could either gasoline for you to have a ride to the federal government’s tightening of visas opt for segregated schools or for inte- school. after the 2001 terrorist attacks. grated schools. Under that particular When you hear this, you begin to un- Shirley Ann Jackson, president of the law, it more or less devolved down to derstand the significance of the change American Association for the Advancement where the elementary schools were seg- in our society and what we call equal of Science, told the recent forum audience regated and the secondary schools were rights under the law. That is some- that the drop in foreign students, the appar- integrated. But it was not a matter of where along the ceiling up here. ently declining interest of young Americans societal significance—so much so that, So Pearson got together with Rev. in science careers and the aging of the tech- Joseph De Laine. Reverend De Laine nical work force were, taken together, a per- in essence, the State of Kansas had al- ilous combination of developments. ready decided not even to argue the was an AME preacher and also a ‘‘Who,’’ she asked, ‘‘will do the science of case before the Supreme Court. They schoolteacher, and later a super- this millennium?’’ were going to just submit it on written intendent. They went up to Columbia Several private groups, including the briefs. and they got the case going. On a tech- Council on Competitiveness, an organization I speak advisedly. I was not the law- nicality, if you please—they found out in Washington that seeks policies to promote yer in the Briggs v. Elliott case. I was the plaintiff in the case lived just over industrial vigor, have begun to agitate for admitted to practice before the U.S. the line. His children were attending wide debate and action. Supreme Court when we made our ar- ‘‘Many other countries have realized that school in the district where the case science and technology are key to economic guments in December 1952. I was sent was brought, but on a technical thing growth and prosperity,’’ said Jennifer Bond, at the last minute by Governor James they had it thrown out. They could al- the council’s vice president for international Francis Byrnes, who formally occupied ways find something to prohibit any affairs. ‘‘They’re catching up to us,’’ she this desk as a Senator, as did John C. kind of relief for the African Ameri- said, warning Americans not to ‘‘rest on our Calhoun, and Governor Byrnes said: cans at that particular time. laurels.’’ Fritz, you wrote that 3-percent sales So Reverend De Laine went and The PRESIDING OFFICER. The Sen- tax for the schools that we enacted in talked, in Columbia, to James M. Hin- ator from South Carolina. 1951 under his leadership. He said: You ton, the NAACP director. He said: Mr. HOLLINGS. Madam President, I know all the elements of the equali- Look, Reverend, if you go down to ask unanimous consent I be allowed to zation of the teachers’ pay, the trans- Summerton and you get 20 plaintiffs, I extend my remarks of 20 minutes as in portation, and the construction of pub- can get that lawyer Marshall, up there morning business. lic schools in South Carolina. You in Washington, DC, to bring a class ac- The PRESIDING OFFICER (Mr. AL- know that issue of separate but equal, tion. EXANDER). Without objection, it is so how we equalized everything and what So Reverend De Laine came back ordered. we had done to the extent of over 3-per- down to Summerton, got the 20 par- f cent sales tax to finance it and every- ents, and some 46 children, and that thing else, so it was real and not just gives the genesis of the famous BROWN v. BOARD OF EDUCATION what we intended. He said: You have to ‘‘Summerton 66.’’ Anywhere you talk, Mr. HOLLINGS. Mr. President, right go up there with Robert McC. Figg, the in the African-American community in to the point. A lot of exercises are active counsel at the local level in America, they know of that going on with respect to Brown v. Briggs against Elliot, and with John W. ‘‘Summerton 66.’’ Mind you me, this Board of Education. Most of the com- Davis, former Solicitor General, can- started 8 years before . ments, of course, are lamenting the didate for President in 1924. According Incidentally, and I am grateful to the fact we have not proceeded too far, or to Governor Byrnes, a former associate Senate, they unanimously endorsed the sufficiently, with respect to the inte- justice who sat on the Supreme Court, Congressional Gold Medal for Levi gration of public education in America. the constitutional mind of the legal Pearson, for Harry and Eliza Briggs, as That misses the point. The point is profession is John W. Davis of West well as for Rev. Joseph De Laine. That this decision itself more or less re- Virginia. I have called him and he is is one of the reasons why this after- moved the lid off the punch bowl of going to make the arguments pro bono noon, when we are not too busy, I am segregation and allowed all Americans, for the State of South Carolina that he speaking. I had intended to speak on regardless of race, creed, or color, to believes so vehemently in Plessy vs. Monday, which is May 17, the actual 50- become, for the first time, full Ameri- Ferguson, the 1896 decision of the Su- year anniversary of Brown v. Board of cans, full citizens. Yes, if you please, preme Court that enunciated the sepa- Education, but I have to be at an event Rosa Parks could know, in not moving rate but equal doctrine. That was my in South Carolina. I do not know that from that front seat in the bus, down in participation. I will get back in time. Montgomery in 1955 after the 1954 Let me go back to the earliest part But be that as it may, it is important Brown decision, that she was a full cit- because that is the real significance of that the record be made about these izen, she was a full American. That in this change in our culture, society, and valiant Americans who changed his- and of itself is the real significance of Constitution. tory. this history-making decision in the It was back in 1947 that a group in When they got there, sure enough, last century. It certainly is the most Summerton, SC, which is in Clarendon Thurgood Marshall took up the case. significant judicial decision of that County, and had gotten together an Then, as the expression goes, all hell century in that it amended the Con- old, discarded bus. Levi Pearson was broke loose. I could go into the details, stitution and gave us pride, all of us, in the principal mechanic. He fixed the but that is why I speak without notes. full citizenship in this land. engine and got that bus all ready to go. I could tell you just when and where I rise because of the emphasis nation- They went to the school board for a lit- and how Reverend De Laine’s home was ally with respect to the Brown case, tle gasoline money. The school board shot, and later it was burned. He es- while the truth is the leading case was said: No, we are not giving you any caped to a church down in Lake City

VerDate May 04 2004 05:05 May 14, 2004 Jkt 029060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\A13MY6.031 S13PT1 S5458 CONGRESSIONAL RECORD — SENATE May 13, 2004 some 35 miles away, where, again, his shall. He sat down and they began to out that they had moved that case up church was burned and he escaped with exchange stories. Incidentally, they for known reasons, and we had to fight his life, never to return to the State of had the highest respect for each other. all weekend to get Wilson. And Wilson South Carolina. They held a warrant They got along. I will never forget teed off on Monday morning as the out on him for 45 years. He had fired when they were hanging a portrait of first argument in Brown against the back at the car the first time when Jimmy Byrnes over in the Supreme board. He literally shocked the other they shot his home in order to identify Court, and Figg came in the doorway side because he made a splendid argu- the car, but he never got a chance. and Associate Justice Marshall hugged ment. There were 3 days of arguments. They held on to the warrant on him for him and almost lifted him off the floor. Fred Vinson was the Chief Justice at some 45 years. And all the other Justices wondered the time. All of the lawyers were talk- Harry Briggs, the plaintiff, he ran a what in the world was going on. They ing about the value of association filling station there in Summerton. No- thought the world of each other. under the Vinson decision of Sweatt v. body would buy gas from him anymore. Thurgood Marshall turned and said: Painter and making appeals, knowing He escaped down to Florida to make a Now, Bob, let’s assume I have won the that the court would once again con- living with his wife. Others who were case. How long do you before firm Plessy v. Ferguson. just dirt farmers there could not, all of there will be any real integration? Governor Byrnes, incidentally, told a sudden, buy seed to plant. They lost And I will never forget it. Figg said: me: Don’t worry about that case. I their livelihoods and everything of that Thurgood, you are not going to like my have talked to some friends up there. kind. answer, but it is going to be a good 25 He wouldn’t want to say he talked to I could go down throughout the years before there is any real integra- the Court. He said: I talked to some years. They stuck with it for a good 5- tion. friends, and we will win that case. And or 6-year period, until that decision Marshall looked at him and said: No, there is no question that they probably was made. Every pressure in the Lord’s you’re wrong. It will be nearer 50 years. would have. world was made to try to threaten, co- And here we are today, 50 years later, But what happened was that a few erce, and make them remove their where the Scott’s Branch School in the months later, Chief Justice Vinson names from that particular petition. Briggs v. Elliott case is still 95-percent passed away and Earl Warren was ap- But the famous ‘‘Summerton 66’’—the segregated. When that decision came pointed Chief Justice. That changed 20 parents and 46 kids—stuck with it, out on May 17, we had 16 private history because Warren said: Come and they made history. schools in my little State of South back and don’t argue. When I came to Washington, it was Carolina. Now we have 372 private So Warren made us come back, on a Saturday morning. Robert McC. schools. Do you know why charter reargue not separate but equal, but the Figg, a distinguished lawyer—a Colum- schools, tax credits, all that there ma- fundamental that segregation in and of bia University law graduate—had han- larkey is coming along? That is the itself was unconstitutional. dled the case at the local level under drive to finance segregation. That is all So we went back and we reargued Judge Waring in the Fourth Circuit it is. And they all know it. But you that case. On May 17, a unanimous Court of Appeals. We came up, obvi- don’t see that printed. court decision came down which ously, on the appeal of the NAACP and We ought to test this to see how the changed America. There is no question Thurgood Marshall. We got here on a schools can work. in my mind that was for the good. I had Saturday morning. You will begin to I wish they would go back to Horace my doubts at that particular time. understand what we learned, to our Mann, when the greatness of America Still as a young southern politician, I shock, that our Briggs v. Elliott case, was public education, where all people said: Good gosh, how are we going to do the lead case, all of a sudden had been of all classes and creeds were all put this? set aside, and the lead case was made together, and they came and studied Well, it is very interesting. Thurgood Brown v. the Board of Education in To- and graduated together and became Marshall, Bob Figg, Roy Wilkins, the peka. Roy Wilkins was a friend of the one strong society. That is why I co- NAACP lawyers, they all got together. Solicitor General, and they moved the sponsored the draft, yes, on the in- And the Court, on May 17, said: deseg- case up because they knew that Kansas equality of those who have to serve, regate with all deliberate speed. So was not really disturbed and did not but more than anything else, the Wilkins and Marshall had agreed to have a strong case one way or the strength of the draft itself in the build- this—they said what we will do is the other; it could care less. That was ing of America. first year we will integrate the first proved by that they were not going to There was another story that some grade. The second year we will inte- even send an attorney to argue the will say is not politically correct, but I grate the first grade again, and of case. will never forget Marshall turned to course the second grade is already inte- I will never forget, on a Saturday Figg, and he said: By the way, Bob, you grated, then on up the line over a 12- afternoon and evening, Governor know—at that time they were referred year period, and we will have, with all Byrnes was on the line with the Gov- to not as —that deliberate speed, all the elementary ernor of Kansas, finally persuading him Negro family in Cicero, they are having grades integrated, beginning with the to send someone. Late on Sunday near riots and everything else like little ones playing together. evening they sent Paul Wilson—an As- that. So he said: Do you know what I That was Marshall’s answer to Felix sistant Attorney General. They did not had to do? I had to go down to Spring- Frankfurter when Frankfurter asked send the Attorney General or anybody field and see Governor Adlai Steven- him: What happens when you have won to handle it; they sent the Assistant son. I got Governor Stevenson to send your case? What happens? Attorney General, and we helped brief that family back to Mississippi for He said: Well, the little children, if him over at the Wardman Park. safekeeping. And he said: But for Heav- Your Honor please, who play together But I am getting ahead of my story. en’s sake, don’t tell anybody that. and go off to separate schools will This morning I noticed in the Wash- That will ruin me. come back and play together, and they ington Post a Brown v. Board of Edu- I said: Thurgood, don’t tell anybody I will have freedom of choice. They can cation decision whereby it is quoted am eating breakfast with you. I will go to whatever school they want. What that Thurgood Marshall thought that never get elected to another office. we are trying to remove is the State- once they had won on May 17, 1954, I was a young Speaker pro tempore imposed separation of race in public there would be complete integration back over 50 years ago in 1952. Now we education. within 5 years. Absolutely wrong. Democrats are begging to eat breakfast Our Constitution and the law of False. I know, and the reason I know is with African Americans, but not then. South Carolina, unlike Kansas, which because we were at Union Station here Oh, no. You folks in this Chamber have was local option, our Constitution and in the District. We were having break- to understand the changes that have law required separate but equal. fast—that is Dean Figg, who was later come about over America. We had it all worked out until the the dean of our law school—Dean Figg But be that as it may, when we left lawyer up in New York for the NAACP and myself. And in walked Mr. Mar- that morning after breakfast, we found said: No, sir. We are not going to be

VerDate May 04 2004 03:57 May 14, 2004 Jkt 029060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\G13MY6.057 S13PT1 May 13, 2004 CONGRESSIONAL RECORD — SENATE S5459 given our constitutional rights on the who is a World War II combat veteran, MORE OUTRAGED BY THE installment plan. someone we admire so much. We are all OUTRAGE And the rest is history. We had the disappointed that he has indicated he Mr. MILLER. Mr. President, here we white citizens councils on the one is not going to seek reelection. It is a go again, rushing to give aid and com- hand. We had Martin Luther King, Jr., disappointment to me. fort to our enemies—pushing, pulling, and burn baby burn on the other hand. I cannot express in words what a role shoving, and leaping over one another And we literally had some 20 years— model he has been for me. Not only can to assign blame and point the finger at Malcolm X and everything else of that he stand and speak, as he did today, ‘‘America the terrible,’’ lining up in kind—of trauma, upset, burning here in about the most serious subjects that long lines at the microphones to offer Washington. I will never forget the face the world, but he has one of the apologies to those poor, pitiful Iraqi riots in 1968. It has been quite a history best senses of humor of anyone I have prisoners. over that period of time. dealt with. Of course, I do not condone all the What has happened is not integrated Mr. HOLLINGS. I thank the distin- things that went on in that prison, but public education. That is agreed to. guished Senator. I for one refuse to join in this national But it really made legitimate Rosa act of contrition over it. Those who are Parks and everybody else coming f wringing their hands and shouting so south, the freedom riders and every- loudly for heads to roll over this seem thing else like that. For the first time AWARDING MEDALS TO SERVICE to have conveniently overlooked the officially everyone became a full cit- MEMBERS fact that someone’s head has rolled, izen under the Constitution and under Mr. REID. Mr. President, we don’t that of another innocent American the law in America on May 17, 1954. brutally murdered by terrorists. So we made a lot of progress in the have anybody from the majority in the Why is it there is more indignation United States since that time. It was Chamber. I want to reiterate what I over a photo of a prisoner with under- done through the valiant effort of the said earlier in the day. We are basi- wear on his head than over the video of Summerton 66 that literally lost their cally in morning business today. There a young American with no head at all? lives—one was attributed to having is no legislative business on the floor. Why is it some in this country still do lost his life as a result of the discord. Senator BINGAMAN—I am speaking for not get it, that we are at war, a war But whatever it might be, Reverend De him and for everyone on this side of against terrorists who are plotting to Laine could not return to South Caro- the aisle—badly wants to do Calendar kill us every day, terrorists who will lina. The United States Senate and the No. 507, H.R. 3104 on the Calendar of murder Americans at any time, any- House of Representatives unanimously Business, which is a piece of legislation place, any chance they get. have agreed now to present them the to provide for the establishment of sep- Yet here we are, America on its Congressional Gold Medal. arate campaign medals to be awarded knees in front of our enemy, begging It had been my hope that next Mon- to members of the uniformed services for their forgiveness over the mistreat- day afternoon, May 17, we would have a who participated in Operation Endur- ment of prisoners, showing our enemy ceremony in the Rotunda, but we will ing Freedom in Afghanistan and mem- and the world once again how easily look forward to the time later this bers of the uniformed services who par- America can get sidetracked, how eas- year when we can honor Reverend De ticipated in Operation Iraqi Freedom, ily America can turn against itself. Laine, Harry and Eliza Briggs, and of course, in Iraq. I cannot imagine Yes, a handful of soldiers went too Levi Pearson, who really understood why we cannot do this bill, which far with their interrogation. Clearly the Constitution in America better passed the House unanimously. some of them were not properly trained than this particular Senator, who at I hear on the other side that ‘‘we are to handle such duty, but the way to that time was only a fledgling Demo- trying to clear it.’’ What in the world deal with this is with swift and sure cratic politician. That is the history. I does that mean? Is somebody opposing punishment and immediate and better will be glad to go into it sometime bringing this bill to the floor? The training. with my colleagues about some of the problem we have is that the day is There also needs to be more careful arguments made. winding down. As we all know, people screening of who it is we put in these I yield the floor. have things to do in their States and Mr. REID. Mr. President, did I hear around the country. They are going to kinds of sensitive situations—and no the Senator say that the first argu- be leaving. If we don’t get something one wants to hear this, and I am reluc- ments took 3 days? within the next 35 minutes or so, there tant to say it, but there should also be Mr. HOLLINGS. Three days, yes. won’t be enough Senators here to allow some serious questioning of having Mr. REID. Now, in the Supreme a vote to take place. male and female soldiers serving side Court, if you get an hour, you are So, again, I say to the majority, why by side in these kinds of military mis- lucky. can we not do this piece of legislation? sions. Instead, I worry that the HWA, Mr. HOLLINGS. That is right, it took It is something Senator BINGAMAN has the ‘‘hand wringers of America,’’ will 3 days. I will never forget, Henry Fonda worked on for more than a year. It is add to their membership and continue was over at the National Theater, and important legislation, something we to bash our country ad nauseam and, in I was sitting right inside the rail with should do. I am terribly disappointed doing so, hand over more innocent John W. Davis and Mr. Briggs right at that I am told they are trying to clear Americans to the enemy on a silver the table, and I got Fonda to sit up it. I don’t understand what that means. platter. there with me during the 3 days. He Clear what? Is someone going to vote So I stand with Senator INHOFE of didn’t leave. He wanted to hear all the against medals for people who partici- Oklahoma who stated that he is more arguments. That was in December of pated in those two theaters of war? Is outraged by the outrage than by the 1952. it just because it is Senator BINGA- treatment of those prisoners. More out- Mr. REID. Mr. President, I say to the MAN’s idea. I don’t know what it is. I raged by the outrage, that is a good Senator, what a great history lesson hope we get real and move forward on way of putting it. That is exactly how we had today. We have only heard a this legislation. I apologize for making this Senator from Georgia feels. short bit of the knowledge of the Sen- my friends wait. I yield the floor. ator from South Carolina. The Senator The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- from South Carolina was one of the ator from Arkansas is recognized. ator from New Mexico. originals who decided things were not (The remarks of Mr. PRYOR per- f the way they should be in the South. taining to the submission of S. 2419 are He has been able to work through the printed in today’s RECORD under HONORING OUR SERVICE MEN AND process and stand for what he believed, ‘‘Statements on Bills and Joint Resolu- WOMEN and because of this, the people of South tions.’’) Mr. BINGAMAN. Mr. President, I rise Carolina have elected him time after The PRESIDING OFFICER. The Sen- to express my strong hope that we can time. It is obvious why. He is a man ator from Georgia. get agreement today to move ahead

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