4996 CONGRESS~ONAL . RECORD - .HOUSE March 8 By Mr. QUIGLEY: MEMORIALS ByMr.PELLY: H.R. 10976. A bill to amend the National H.R. 10986. A bill for the relief of Huan­ School Lunch Act to permit agricultural Under clause 4 of rule XXII, memo­ pin Tso; to the Committee on the Judiciary. commodities acquired for the school lunch rials were presented and reterred. as By Mr. PUCINSKI: program to be used for training students in follows: H.R. 10987. A blll for the relief of Giusep­ home economics; to the Committee on Edu­ By Mr. BARING: Joint Resolution No. 2 pina Bucchianeri; to the Committee on the cation and Labor. of the Senate of the State of Nevada memo­ Judiciary. By Mr. BOWLES: rializing the Congress and the President of H.R. 10988. A bill for the relief of Mar­ H.R. 10977. A bill to establish an Arms the United States to cause to be issued silver cella Bucchianeri; to the Committee on the Control Research Institute; to the Commit­ dollars commemorating the centennial of the Judiciary. tee on Foreign Affairs. admission of the State of Nevada into the By Mr. WILSON: By Mr. CE~ER: Union; to the Committee on Banking and H.R. 10989. A bill for the relief of Howard H.R. 10978~ A bill to provide for the settle­ Currency. Chan; to the Committee on the Judiciary. ment of claims against the United States by Also, Joint Resolution No.3 of the Senate of members of the uniformed services and the State of Nevada memorializing the Presi­ civilian officers and employees of the United dent of the United States and the Postmaster PETITIONS, ETC.. States for damage to, or loss of, personal General to cause to be issued a centennial Under clause 1 of rule XXII, petitions property incident to their service, and for stamp in commemoration of the 100th an­ and papers were laid on the Clerk's desk other purposes; to the Committee on the niversary of the admission of the State of and referred as follows: Judiciary. Nevada into the Union; to the Committee on By Mr. MOULDER: Post Office and Civil Service. 353. By Mr. HARMON: Resolution adoptea H.R. 10979. A bill to amend title 38, by the Delawar~-Blackford County Medical By the SPEAKER: Memorial of the Leg­ Society, at their monthly meeting on Feb­ United States Code, to provide a conclusive islature of the State of California, memo­ presumption of service-connection in the ruary 16, 1960, expressing opposition to all rializing the President and the Congress of bills providing Federal medical aid to the case of the death of certain veterans who the United States relative to compensating have suffered from service-connected total aged; to the Committee on Ways and Means. the Philippine Scouts for their services ren­ 354. By Mr. STRATTON: Petition of mem­ disabilities for 10 or more years; to the Com­ dered in World War II; to the Committee on mittee on veterans' Affairs. Foreign Affairs. bers of local No. 390, National Federation of By Mr. WESTLAND: Post Office Clerks, Albany, N.Y., protesting H.R. 10980. A bill to provide for a naviga­ the use of the distribution guides system in­ tion survey of the Point Roberts, Wash.; stalled in the Albany post office January 18, area; to the Committee on Public Works. PRIVATE BILLS AND RESOLUTIONS 1960, and urging the enactment of legisla­ tion to outlaw any speedup or measuring H.R. 10981. A bill to amend section 660 of Under clause 1. of rule XXII, private title 18, United States Code, relating to mis­ system in the postal service: to the Com­ appropriation of the funds of the common bills and resolutions were introduced and mittee on Post Office and Civil Service. carrier: to the Committee .on the Judiciary. severally referred as follows: 355. Also, petition of a group of residents of the 32d Congressional District of New By Mr. O'HARA of Illinois: By Mr. ALGER: York, urging Congress to act favorably on H.J. Res. 646. Joint resolution to amend H.R. 10982. A bill for the relief of Roberto H.R. 4700, the Forand bill, as a minimum the Mutual Security Act of 1954, as amended, Altamoreno Lopez; to the Committee on the first step toward providing decent· medical with respect to freedom of international Judiciary. care (hospitalization, surgical services, and waterways; to the Committee on Foreign By Mr. FARBSTEIN: nursing home care) for those persons eligible Affairs. H.R. 10983. A bill for the relief of Leonidas (retired or not) for social security benefits: By Mr. DENT: Varvitsiotis; to the COmmittee on the Ju­ to the Committee on Ways and Means. H. Con. Res. 615. Concurrent resolution ex­ diciary. 356. By the SPEAKER: Petition of Miss pressing the sense of the Congress with By Mr. LANE: . Ana L. Palmer and others, Santa Isabel, respect to the distribution of nuclear weap­ H.R. 10984. A bill for the relief of Amelia P.R., requesting the approval of the School ons and nuclear weapons secrets to other Support Act of 1959; to the Committee on . nations: to the Joint Committee on Atomic Lawrynowicz; to the Committee on the Ju­ diciary. Educatlon and Labor. Energy. 357. Also, petition of the chairman, Hawaii By Mr. LENNON: By Mr. McSWEEN: Chapter of World Brotherhood, Honolulu, H. Res. 470. Resolution providing for send­ H.R. 10985. A bill to provide for the con­ Hawaii, relative to commending the people ing the bill H.R. 10919, with accompanying veyance of certain real property of the United of the United States upon granting statehood papers, to the Court of Claims; to the Com­ States to John R. Lincecum et al.; to the to Hawaii; to the Committee on Interior and mittee on the Judiciary. Committee on Agriculture. Insular Affairs.

EX T EN S I O"N S 0 F R EM A. R K S

Jet Progress-Alaska and significance to the Union in regard to For this achievement, I salute both national defense and otherwise. Pan American and the Air Force for rec­ EXTENSION OF REMARKS These fiights are on a round-trip basis, ognizing the need of this very valuable OF Mr. Speaker, and will bring to Alaska a public service between· the State · of service it richly deserves, covering a dis­ Alaska and the State of Washington. HON. RALPH J. RIVERS tance between Seattle and Fairbanks in OF ALASKA excess of 1,500 miles. IN THE HOUSE OF REPRESENTATIV~S Those of us who have long lived with the transportation problem in and out of Slovak Independence Day Tuesday,A!arch 8,1960 Alaska have a great appreciation for this Mr. RIVERS of Alaska. Mr. Speaker, latest innovation by Pan American. Pan EXTENSION OF REMARKS on the 1st of March, Pan American American was the first scheduled carrier OF World Airways, in keeping with its his­ to operate between Seattle and Alaska tory as a pioneer airline, began jet air­ about 20 years before Alaska became a HON. EDWARD J. DERWINSKI piane service between Seattle and Fair­ State, so it is not a mere coincidence OF ILLINOIS banks, Alaska. The jet flights, which that Pan American became the first car­ IN THE HOUSE OF REPRESENTATIVES will operate on Mondays, Tuesdays, ·Fri­ rier to commence scheduled jet opera .. days, and Saturdays, will require 3 hours tions between Seattle and Fairbanks. In Tuesday, March 8, 1960 15 minutes of :flying time, cutting ap­ fact it took considerable initiative, as Mr. DERWINSKI. Mr. Speaker, I proximately 2¥2 hours off current piston­ permission had to be obtained from the shall take but a brief moment to remind engined :flight times. This saving in time Air Force to temporarily land and take the Members of this body that this is wtll, I hope, enable many of my col­ o:ff at Ladd Air Force Base, pending ex­ the 21st anniversary of Slovak Inde­ leagues who have never been in Alaska to tension of the runway at the Fairbanks pendence Day. To most people in Amer­ visit the 49th State and thereby better International Airport, wh,ich job will be ica, this day has no significance. Fur­ comprehend its problems, great potential, completed about a year from now. thennore, high-ranking officials in our 1960 CONGRESSIONAL RECORD- HOUSE 4997 • Government ·especially in t:ne pre-World · preliminary statement on the pr-oblem of as-· · the school .problem. Only last week ,Attor.. · War II period, and during the diplomat­ sisting school desegregation. Professor Ward. ney General Rogers admitted their general Professor WARD (Notre .Dame Law School). ineffectiveness. To my mind they're the ic negotiations with the Soviets in the The recommendations of the Civil Rights best examples of the kind . of legislation latter days of the war failed to under­ Commission with respect to desegregation which ought not to be allowed to pass under stand the aspirations of the Slovak peo­ problems were quite mild. The Commission the guise of being civil rights legislation. ple for independence. recommended that it be authorized to serve The general understanding about this is­ At the present time, the brave Slovak as a. clearinghouse of information to com­ and I take this simply from my political people share a common misery with oth­ munities effecting desegregation, and to es­ advisers in the New York Times-that the er groups behind the Iron Curtain; that tablish a conciliation and mediation service supporters of H.R. 8601 are just waiting to to assist local school officials in developing get the bill to the floor where it can be common misery is the dread oppression plans designed to meet constitutional re­ toughened up by amendments. If so, well of communism. It is my hope and pray­ quirements and local conditions. and good. In my judgment the blll as it er that the spirit and love of freedom on Three of the Commissioners, Hannah, Hes­ stands would be a positive disservice to the the part of the Slovak people and all burgh, and Johnson, recommended that Fed­ problem of desegregation. other captive peoples, will continue to eral agencies entrusted with some $2 billion JOHNSON'S CONCILIATION SERVICE PROPOSAL grow and someday manifest itself in the annually for various educational institu­ The contribution of the Johnson bill, reality of national independence. Sure­ tions, be authorized and directed to with­ which properly speaking is not a school bill, ly justice will someday free the coura­ hold funds from institutions of higher learn­ is the establishment of a community rela­ geous Slovak people from Cdmmunist ing which refused admission of qualified tions service as an independent agency of the students on racial grounds. Commissioner Federal Goverment. Now there's a revised persecution and provide for the goals Johnson was alone in his proposal that Fed­ that they so fervently desire. form of this bill that does allow the Secre­ erai funds be withheld from all segregated tary of Health, Education, and Welfare, on May I further call to your minds the schools, primary and seconda~y. call from the States to offer certain advice fact that the Slovaks are a Christian na­ BILLS BEFORE CONGRESS and . prov!de information, but basically the tion_:..a great · majority being Roman These recommendations triggered no such heart of it is this establishment of a com­ Catholic-and, therefore, this religious legislative explosion as those about voting munity relations service. The rather ob­ heritage provides them with the inner . rights. Most of the bills now pending were vious but nonexplicit function of the service strength necessary to resist Communist put in during the last session before the ap­ is to arrange for and perhaps preside over philosophy. pearance of the Commission's report. They discussions of problems arising out of the As I have indicated on many previous fall, generally speaking, into three categories. necessity of compliance with desegregation First, a whole slew of bills providing crimi­ order. occasions, history will someday reveal nal penalties for obstruction of integration I have very great doubt that there's any the tragedy that followed the unfortu­ orders and destruction of school facilities. need for such a service. Conciliation is of nate wartime Yalta Agreement, when the Second, bills authorizing the Attorney Gen­ value where both sides have an interest in occupant of the White House at that eral to bring suits to compel integration and settling the controversy. I doubt whether time delivered, in addition to the Slo­ to prevent intimidation of those exercising such an interest exists in some areas of the vaks, millions of people into the hands rights under or charged with execution of South. And in those areas where there is of Communist tyranny. integration plans. Third, bills authorizing a real interest, Federal machinery is unnec­ the Secretary of Health, Education, and Wel­ essary. In conclusion, Mr. Speaker, may I fare to extend technical assistance to com­ THE DOUGLAS OMNmUS BILL commend the Slovak League of America munities in the form of advice and money, The third bill is the Douglas bill. This for its effective work in maintaining and, when and if these latter prove unavail­ is an omnibus bill specifically aimed at this among the 2 million Americans of Slo­ ing, to formulate a plan for integration and · problem of implementing desegregation. Its vak origin the faith and confidence ·in proceed to en:(orce it with the help of the chief contribution is that it gets the Attor­ eventual liberation of the Slovak people. Attorney General if necessary. ney General directly into the business . of In appraising proposed legislation in the initiating and following up the litigation school desegregation area I think we must made necessary by the decision in the Brown move much more cautiously than in the case. · Furthermore, it contains an elaborate Notre Dame Civil Rights: Conference- voting rights area. I agree with Professor statement of the role to be assigned to the . . ~ . - ' ( . Wofford and others that there's an enormous Secretary of Health, Education, and W.elfare. Part 20 symbolic value in any congressional action The Secretary is to provide a conciliation in the civil rights field. And I think it's true service like that recommended by the Com­ enough that whatever voting bill Congress mission. And the recommendation of the EXTENSION OF REMARKS passes this year, the public can be counted Commission, by the way, ought not be con­ OF on to insist that ultimately a workable, fused with the recommendation of the John­ practical bill be produced. I'm afraid it's son blll. What the Commission recommends HON. JOHN BRADEMAS otherwise with· school segregation. I'm afraid is a perfe~tly sound business, that is, con­ OF INDIANA that a large number of Americans can be ciliation with a direct view toward integra­ persuaded that there are insuperable prob­ tion-talks between school groups in a. given IN THE HOUSE OF REPRESENTATIVES lems in the way of integrating schools. And community. The Secretary is given this role Tuesday, March 8, 1960 a series of aborted bills, all seemingly aimed under the Douglas bill. Furthermore the at the problem. of implementing desegrega­ Secretary is to encourage formulation of a Mr. BRADEMAS. Mr. Speaker, on tion, would in my judgment be a disaster. plan. Finally, to go . through . it quite February 14, 1960, the University of Indeed every bill which simply pays lipserv­ quickly, if all else fails "the Secretary is to Notre Dame Law School sponsored a con­ ice to the school problem is a strategic tri­ come up with a. plan and if necessary the umph for the segregationists. Attorney General is to ta~e the plan into ference on civil rights. Discussion at the court for enforcement. conference centered on three aspects of INADEQUACY OF H.R. 860l I think the great virtue Of this bill is that civil rights legislation: Voting rights, Applying this p~ilosophy to. the .tJ;l,r.ee '!>ills it ·can form the basis of an acceptable. com- . school desegregation, and equal oppor­ upon which most discussion is centered, I promise bill. It seems to me that any ·civil tunity in housing. must conclude that two of them-H.R. 8601, rights bill affecting school desegregation the Celler bill, and S. 499, the Johnson ought to contain an authorization to the In the CONGRESSIONAL RECORD Of Mon­ bill--should be disavowed. The Celler bill, Attorney General to initiate court action day, February 29, 1960, on pages 3875 which is the most famous, for it is the center leading to desegregation, and ought to pro­ through 3~03, a nun;1ber of my QOlleagues, now of a petition to pull it out of :the com- · teet local officials and Negro citizens in the joined -with me to include the proceed-. mittee, barely squints at school desegrega- execution of court orders. If this much can · ings of this conference on the subject of tion. It penalizes obstruction of integra• be gained in the present session, we can af­ voting rights. tion orders and flight to avoid prosecution in ford to wait another day for the provisions to property destruction cases, and it provides involving the Secretary of Health, Educa­ I am pleased once again join with for education of children in the Armed Forces tion, and Welfare. several of my colleagues at this time to in areas where schools have been closed by I simply do not have time in the 5 min- include in the Record the remaining· State or local authorities. utes assigned, which I've already exceeded, part of the proceedings of this confer­ This latter provision may contain the germ to discuss the rather interesting provisions ence on school desegregation and equal of a bigger and better idea, but standing as of the bill proposed by Governor Coll1ns housing opportunity: it does, in the context of the Celler bill, it which may be of general interest. I neglect seems to be what Father Kenealy would refer to do so simply because I think of all the ll. AsSISTING ScHOOL DESEGREGATION to as a sort of camel's-head ·bit of legislation. bills currently mentioned it probably has Dean O'MEARA. I shall call on Professor As to the criminal provisions, criminal pro- the least chance of serious consideration in Ward, of. the Notre Dame faculty, for a brief Visions are rather clearly not the answer to this Congress. 4998 CONGRESSIONAL RECORD- HOUSE March 8

Dean O'MEARA. Than~ you, Professor Ward. and submitted as an executive communica­ Just as the Attorney General and the De­ Congressman BRADEMAS will open the dis~ tion by the Attorney General. The same partment of Justice were put on the spot cussion. · : thing applies to the relief to the children under the Civil Rights Act of 1957, because Congressman BRADEMAS. Following Profes­ of members of the Armed Forces. And here people said, "How many new Negroes have sor Ward's analysis I have a number of ques­ I think you should also consider that there been added to the voting list," so a con­ tions that seem to me we might use as a was an additional proposal by the Presi­ ciliation service federally administered basis for our discussion. In the first place dent-somewhat of a midway . version be­ would be on the spot if at the end of a year we have the suggestion of the Commission tween the Douglas proposal and nothing at or two of service it couldn't point to gen­ that there should be established by Con­ all-namely some kind of technical aid and uine desegregation accomplished as a result gress a clearinghouse of information on the assistance, and financial assistance as well, of its efforts. matter of desegregation of schools across the through the Commissioner of Education. I think a conciliation service might move country. I think it might be fruitful if we That particular proposal was rejected by an into the softer periphery areas of the South­ bad a little more discussion of the difference overwhelming vote in the full Judiciary certainly not in the Deep South tomorrow­ between this particular proposal and the Committee. and begin to conciliate and offer technical community relations service suggested by So from the standpoint of House legisla­ and financial assistance to those communi­ Senator JoHNSON. I for one am not yet clear tion now those proposals have been rejected ties that are closer to doing the decent on the distinction. · and little hope is held out that they will thing. For one thing they can persuade A second subject that I think we might even be considered on the floor of the House. southern communities that desegregation is talk about has to do with a point made by There is one strong possibility of imple­ not quite a fate worse than death. I think Father Hesburgh in his speech at lunch, in menting the Celler bill insofar as school de­ it would be a useful starting point to have which he suggested-a suggestion in which segregation is concerned, and that is the Federal educators and other otficials coming be was joined by two of the other Commis­ restoration by floor amendment of the old into a school superintendent's office, where sioners-that we should have a Federal pol­ title III of the 1957 act, in a rather mod­ there is reason to believe he is well disposed, icy whereby the Government would withhold ernized version let me put it. But that is and help him become the leader of a move­ funds !rom any institutions of higher learn­ subject to a serious parliamentary question, ment with the school board, looking toward ing that failed to promise that they would namely the question of germaneness to the the adoption o! a school desegregation pro­ not discriminate. Being sympathetic with bill. gram that certainly couldn't be any worse Father's suggestion, I'm also aware of the Mr. EDELSBERG. I want to begin again by than the kind of pupil placement we're get­ logic of Commissioner Johnson's suggestion looking at the problem as I see it. I think ting today, as a response to compulsory that this policy ought to be applied at the the great problem in school desegregation legal process. elementary and secondary level as well. And today is no longer the matter of resistance Professor WARD. I would like to answer I am a little curious as to how Father Res­ along the lines of violence that we found in a couple of questions, some of them implied burgh can defend. the one and not go along Little Rock. Resistance to school desegre­ I think. First of all, Mr. Foley, I'm well with the other. gation takes the form of legal evasion of aware of ·the background of the present I hasten to add that I'm among those legal compulsion-takes the form of pupil House bill. My point is that I think Mr. Members of Congress who voted against placement laws-and it also takes the form CELLER is making a real mistake in associat­ Commissioner Johnson's proposal and voted of the threat of closing down the public ing himself with that bill. It seems to me with Congressman Adam Clayton Powell, schools altogether. Now within the past that what has happened is that what started COngressman Dawson, Congressman Nix, and year only a · handful of school districts in off as a splendid bill has been completely Congressman Diggs when this proposal was this country desegregated. The process of emasculated and it's not even recognizable­ applied to the housing bill last year, because desegregation seems to be grinding to a halt. it isn't a bill-and yet the southerners have we felt we would have been mousetrapped by And the question is who should bear the maneuvered advocates of civil rights into . the enemy into helping to defeat the bill. burden of bringing the legal suits which the position where now they are with a So I raise two questions here: one, of the today seem to be necessary to speed the great deal of clamor getting up a petition logic of the position, and two, of the politics process of desegregation in the school sys­ to pull that bill out. of the problem. tems. Up to now the burden has been This looks to me like what the national Now we come to the Celler bill. I'd like to borne by the NAACP, and I for one think football people call the mousetrap play. hear more discussion of the specific objec­ they've acted with exemplary discretion in When that bill finally comes out, 1! it gets tions to the two proposals in the Celler bill picking the areas in which to institute their to the floor and if it gets a favorable vote, that concern the field of education. One, suits. We cannot be sure that the busi­ we're going to be told then, "You got the the criminal penalties for obstructing court ness of picking the site for another court bill you wanted. You beat us down. Over orders in enforcing school integration. And test will be wisely chosen, and we certainly our resistance you got it. What good has two-what's the matter with Mr. CELLER's cannot expect the NAACP to shoulder the it done you." . proposal to give assistance to the education financial burden of doing this job ~ In this Now, Congressman, you asked what's · of children of members of the armed serv­ area, un.like the area of voting rights, the wrong with the first section of that bill ices in trouble spots? voluntary civil rights organizations are making it a crime to interfere with the Then we come to the Douglas bill. I be­ agreed-they are agreed that the Attorney carrying out of integration orders. I say lieve Professor Ward endorses Senator DouG­ General should have the power to enforce nothing is wrong with it. It's another LAs' proposal that the Attorney General · general civil rights including school desegre­ criminal statute that goes on the books. should be authorized to help in desegrega­ gation in particular, as he has the power I think it's perfectly obvious that those tion cases. I would like to have some clarifi­ to do in the case of voting violations. criminal statutes are not likely to get us cation as to how he can, on the one hand, The only issue is: Since suits will be anywhere. You have to bring those people object to Mr. CELLER's proposal for criminal before southern juries. I have the word penalties for obstructing court orders in necessary, who should bear the burden of vindicating these basic constitutional rights? of the Attorney General of the United States these cases while, on the other hand, he In our judgment the answer is clear that that this is not a very fruitful procedure. would be sympathetic to an authorization But the heart of my position simply is: of action by the Attorney General. the Attorney General should do it. Now I depart from my colleagues in the Better no bill, no bill at all, than a. bill Now, if I haven't confused everybody suit­ voluntary civil rights organizations when I that isn't going to do the job. Because ably, I'll stop and hope that we can have what I fear is that the moral indignation some discussion about these questions. suggest that this so-called part III legisla­ tion is not as important today as it was of the American people, which I think still Mr. FoLEY. For the enlightenment of those last year, and certainly not as important exists-although apparently it took the participating here I wish to point out a little as · it was 2 years ago. If it is true that bombshell of the Commission to activate it legislative history, pertinent to Professor southern legal evasion will be the response last September-! think that moral indig­ Ward's statement. What is known as the to legal compulsion, we ought to be seeking nation will not be still until and unless it Celler bill today, H.R. 8601, having been re­ new approaches toward getting genuine becomes clear that what we're trying to do ported by the Judiciary Committee and now compliance with the spirit of the Supreme simply isn't doable. And I am afraid that before the Rules Committee, is not the origi­ Court's decision in Brown against Topeka. here, unlike in the voting area, there are a nal Celler bill. The original Geller bill is number of perfectly well-meaning, decent, identical with the Douglas proposal. That POSSIBILITIES OF CONCILlATION peaceful citizens who have serious fears that bill was considered by the Judiciary Com­ The administration's proposal to offer integration in the schools in the South is mittee, both in subcommittee and then technical and financial assistance is one simply not possible. I tbink it would be a again in full committee. Literally and such way to bring better compliance. And disaster if a whole series of ineffective bills figuratively it was gutted in subcommittee. another way, I think, may be ~ound some­ cemented that conviction. They struck out all after the enacting where in the confines of the Lyndon John­ Congressman DINGELL. I thoroughly agree clause, and that position was overwhelm­ son proposal, which has been fairly cavalierly with Professor Ward as to the effect of H.R. ingly supported in the full committee. So dealt with this afternoon. 8601. I think it's necessary, however, to from the House standpoint the Douglas pro­ I argue like this: Any conciliator sent into maintain a certain perspective. I would first posal I'm afraid is dead, completely. a southern school situation is a representa­ like to criticize the bill then I'd like to Now the provision you have today, so far tive of a national political position. and that explain some of the background. I agree as protecting court orders is concerned, is a national political position cannot afford to that the provision for making it a criminal recommendation by the President himself, permit the South to continue to evade. offense to interfere with the court orders for 1960 CONGRESSIONAL RECORD- HOUSE 4999 enforcement of integration is now within the RECORD the following portion of the pro­ with the pupil placement and assignment contempt power of court, and people have ceedings of the Civil Rights Conference 1aws. As at least two speakers have noted, been sent to jail for J>recisely this very act. .at the University of Notre Dame on this constitutes the real 100-percent down-. I agree that flight to avoid prosecution is now to-earth roadblock to desegregation in the a Federal offense. I agree, as a matter of Sunday, February 14, 1960: predictable future. As you know, the Su­ fact, that flight to avoid giving testimony Mr. BERNHARD. I'd. just like to go back for preme · Cc:mrt has, by declining to review across State lines is now a Federal offense. a moment behind some of the legislation adverse decisions in· lower courts, in effect The Civil Rights Commission, we all know, to the factual situation which the Commis­ upheld pupil placement and assignment laws was extended for an additional 2 years, and sion has had an obligation to keep current. -as not unconstitutional on their ·race. The furthermore the education or children of You may recall that in our report--! was implication of this language obviously is military personnel is traditionally a power just looking at it--it is stated that volun­ that if the laws are administered unfairly, which the President has had and which he's tary desegregation reached its peak in 1956. in ·a discriminatory manner, then the court carried out, at least during my lifetime that Since then a growing proportion of starts will find against them. I know of and for some time previous. have been under court order and the trend Now the question is, since class actions But you have to understand the nature of seems likely to continue. Well, we've gone are not possible -against assignment laws, the Congress and to look at it in perspective. back and attempted to see what actually has each individual child's case must be handled Now MANNY GELLER, as author of this bill, is happened in the last year, and really right in and of itself, on its own merits. What is not such a fool that he would say that it is a within the last few months, and as predicted the likelihood that, within the next 3 or 4 strong bill or that it is a worthwhile bill. in the Commission's 1959 report, initial de­ years, to use perhaps a minimal time, a pat­ However, as chairman of the committee, he segregation, voluntarily originated or initi­ tern of discrimination in application suffi­ was authorized by resolution. to introduce a ated, has all but stopped. ciently clear can be demonstrated, so as clean bill, I believe, or at least he has a bill I think this is a .simple fact and I think to result in decisions which will strike down which was badly emascula-ted. Either one of in turn it relates to the type of legislation the assignment laws on constitutional those two things happened in the committee, which may . be needed. The on1y optimistic grounds? Is this indeed a probability or and I think Mr. FoLEY could explain precisely point is in the area- where there are so­ only a matter of fancy? what happened there. called military personnel. We found that Mr. SILARD. I think, John, that in response Now, with regard to the discharge petition, in North Carolina, in Dade County, Fla., to your and to Herman Edelsberg's points, I thoroughly agree that we are :fighting very and in Pulaski County, Ark., where there it certainly seems correct that the problem has been some token desegregation, this has of the moment is not the totally intransi­ hard to bring out a nothing. But we are resulted predominantly in military districts. fighting very hard to bring out a nothing gent States, but continued movement in the which can be amended and strengthened We realize that in six States-Delaware, States where movement has begun, and in Maryland, West Virginia, Kentucky, Mis­ ~ery much on the House floor, if we· are able that connection something like conciliation to get a sufficient number of votes. One of souri, and Oklahoma-the official State pol­ might make sense in certain areas. On the the problems we have is that within congres­ icy is one of compliance. But in the 11 other hand, it doesn't in itself solve ·pupil sional committees very frequently things can so-called compulsory segregation States placement. nothing is ·presently being done except Now there's a suggestion which I think be and are done behind closed doors which through the pupil placement laws. This re­ cannot bear the scrutiny of the daylight could cut through pupil placement, and lates to what Herman Edelsberg stated pre­ that's simply to have the courts do what on the House floor or the Senate floor-the viously. Take the comparison between same thing being true in the case of the the Supreme Court obviously contemplated North Carolina and Virginia. North Caro- · they would do and they have never yet done, Senate. So you have to understand the Una used the so-called pupil placement sys­ reason and the motivation for this thing. which is to demand that a plan which at tem, and in total some 53 Negro pupils in least starts toward desegregation be put I think that having come to an under­ 7 schools have been integrated. In Vir­ into effect or be put up for discussion and standing of the need, let's say, for either ginia, where they tried massive resistance, one or another kind adopted. referees or voting registrars or a Congres­ since February 1959 there have already been In this connection I think Professor sional Election Commission, we can under­ 106 Negro children integrated. Foster had an idea 9 months ago that stand that there is a distinct possibility that What this points to is that some of the should be put out on the table again. this can be added on the House floor if this recommendations of the Commission and Oddly enough, he proposed referees long matter gets to the House floor. Our real some of the bills which have been intro­ before anyone mentioned referees in the problem is this: As a matter of parliamentary duced, relate to the demand for information voting area. He proposed that referees in procedure there is virtually no way that we ~s to voluntary desegregation plans. Now the school area might very well provide the can shake this bill loose and bring it on the if what we seem to find is true, then I think mechanism by which the courts, not in floor-because it's been effectively pigeon­ that conci11ation and mediation and the ex­ themselves willing to take the burden of holed in · the Rules Committee for a long change of information are essenti_ally out­ promulgating or demanding the promulga­ time-without the discharge petition. dated. It could be that court decisions be­ tion of a plan of compliance, might never­ I would point out this discharge petition cause of class suits will change the situation, theless choose such persons in the com­ now has, or did have on Friday last, 206 sig­ but if they do not, I think that the entire munity as masters who could, if for no natures. It needs 13 signatures. This dis­ approach may have to be shifted somewhat. other reason, at least by their community charge petition has in it a very interesting There may not be the desire to communi­ status, move things along toward the pos­ provision, which would be interesting to stu­ cate. There may be more falling back on sibility of a plan. And I really would like dents of parliamentary law. It waives points the legal paraphernalia and court orders and to have Professor Foster outline that idea. of order-any amendment at all will be ger­ pupil placement laws. I think this is true to Dean O'MEARA. Professor Foster has made mane and will not be subject to points of some extent of Senator JoHNsoN's concili­ a study of the role of southern district order. Now this is in effect a self-defeating ation bill-i~,nd I think the same is true of judges in school desegregation. I under­ discharge petition, because certainly the Senator DouGLAS' technical and financial as­ stand he talked to a lot of judges and that chairman of the Rules Committee is not sistance, because this is based upon the local he discussed with them the possibility of going to permit a piece of legislation of this communities who are planning voluntarily something like referees. Would you be will­ sort to be brought to the floor under, in to set up plans for desegregation and to im­ ing to tell us about that, Professor Foster? effect, a rule waiving points of order. So I plement desegregation. Professor FoSTER. Well, only by disclaim­ think you have to understand this whole Overall I think that there just has to be a ing just about everything at the outset. I parliamentary system and to understand why shift of emphasis to recognize that the suc­ am a great fool if I were to presume that I we do what we do to bring out a piece of cessful thing today, in terms of overcoming really know anything much about this. In­ legislation of such apparent and obvious and the opposition, ls the law; that voluntary deed every time that I have acquired any such real worthlessness. desegregation seems to be ceasing; and that more information I've found that my un­ the one great hope and the one point of certainty about next steps only increases optimism for voluntary desegregation--oc­ rather than diminishes. I hadn't really ex­ curring more rapidly is in only one place and pected to be called on to speak in any Notre Dame Civil Rights Conference­ that's where military--either on-base or off­ detailed way about this, and my thoughts base-:-schooling is involved. are not really going to be connected es­ Part 21 Dr. MoRSELL. I had two comments to pecially. I'd rather like to come b.ack to make, the first of which Congressman that master's thing in a few minutes, if I EXTENSION OF REMARKS DINGELL has more than adequately covered; may, John Silard. namely, in answer to Professor Ward as to In a fair balance I am quite discouraged OF the minuscule elements in the bill now about the immediate prospects for school HON. J. EDWARD ROUSH known as the Geller bill, that the whole desegregation in the South. At the point of strategy is based on getting something on the decision in Brown v. The Board of Edu­ OF INDIANA the :floor unde,r c_onditions which will permit cation in 1954, there was somewhere in the IN THE HOUSE OF REPRESENTATIVES it to be amended. And this of course was neighborhood of 3,000 biracial school districts the vehicle whereby the voting provisions which were segregated. Three-quarte·rs of Tuesday, March 8, 1960 also 'fl.re expected to be made effective. those today have so far taken no step what­ :M:r. ROUSH. Mr. Speaker, under I'd like to put a question, once again, to ever toward desegregation. In the quarter unanimous consent, I include in the the legally trained. This is in connection in which the step toward desegregation has 5000 CONGRESSIONAL RECORD- HOUSE March 8 been taken, that step has more often than achievement in his group ready to enter the On the other hand, so far as the Negroes in not been only the most minimal token step. 11th grade was more than 2 academic years the white schools were concerned, the white And the truth of the matter is that even in behind the median white 11th grade student children had to stay put. They couldn't ask those places where beginnings have been in the school to which he was being assigned. for a transfer and run away from the Negro. made, with a few exceptions, there are very T~~e boy flunked some courses that first se­ In other words you did not set up a game of few real instances of intermixing of races in mester. To his credit, he graduated with his musical chairs of the sort that took place at the educational process. class 2 years later. Miami where all the white children trans­ By and large, if I could write a ticket for Every Negro child in that community ferred out of the school after the Negro chil­ a single piece of congressional legislation at today knows how tough it is to transfer to dren went in. The whites had to stand pat the moment, it would be a very simple piece the whit~ schools at a high school level. at Nashville. But the unhappy fact was of legislation. It would simply declare that And this, if you had nothing more, I submit, that of those 150 Negroes assigned in the we, the Congress of the United States, en­ is an enormous deterrent to a Negro com­ second year, 122 asked. for and got transfers dorse the principle of Brown v. The Board of munity socially inert in a great many aspects back to the Negro schools. This is in the Education of Topeka. so far as this problem is concerned. And first and second grade levels, mind you. Everywhere I went in the South, in talk­ indeed one of the real evils, it seems to me, Now, so far as pupil assignment is con­ ing with judges, newspapermen, educators­ of the pupil placement system is the fact cerned, it seems to me that we are going to everyone-the point insistently was made that it shifts to this fearful, hesitant, and be able in the next few years to approach that the Supreme Court has usurped con­ inertial Negro the responsibility of having to the day that we can demonstrate that plans stitutional power--done something beyond step forward and go through a perfectly of the Nashville type-and the entire State the permissible limits of what the Constitu­ horrid process as an individual-of cross-ex­ of Delaware is under a decree of comparable tion allows. And the strongest proof of this amination, interrogation of the most em­ kind-that those court plans that shift to· usurpation came out of the fact that neither barrassing kind, in order even to apply to a the school board and away from the Negro the Congress, nor the President, had ever school that is white. And lf on top of this the initiative of getting placed in a school indicated any agreement whatever that the we add to it all the fact that he is going in the first instance, that these are in point decision was a correct decision. And if, to be so deficient academically at the high of fact bringing about desegregation and therefore, we could get at least out of the school level that he can't keep up, then I that those systems such as pupil placement Congress that simple declarative statement, think we've got a system which is pretty which require the Negro individually to take "We agree with B1·own v. The Board of Edu­ close to what we do have, in these places in the initiative and are not producing this cation/' this alone I think would have in­ the South where these transfers have oc­ kind of result. But at the point that we can credible side effects in an enormously com­ curred at the high school level. then compare the two systems in operation in enough cases, we have the foundation for plicated area. THE NASHVn.LE PLAN overturning cases like Shuttlesworth which THREAT TO PUBLIC EDUCATION The Atlanta f!.Chool board, as you know, have refused at the outset to say that the has recommended a plan of a grade a year placement laws are invalid. For at the moment this whole usurpation from the top down, and this has been agreed argument gives strength to the arm of the to tentatively by the district judge there. NEED FOR SUITS BY ATTORNEY GENERAL segregationist who urges the South to turn It was at the high school level that this To this end it seems to me of urgent im­ down public school bonds, not to worry breaking down process began in Little Rock, portance that we get going as many law­ about increasing salaries of teachers, in Ark. To me it makes a great deal more suits as we can find Negro plaintiffs to bring short, to disregard what is happening to your sense to look to what was done at Nashville them, provided we can get skilled counsel to public schools-because, as the argument as a pattern for the future. man the operation. To this end I feel very goes, you perfectly well know we're all going It is perfectly clear, statistically. at least, keenly that the old title Ill provision re­ over to private schools as soon as the courts that the 6-year-olds who approach the first jected from the 1957 act is of real need at come in anyway, so there's no point in in­ grade, black and white, both share equally this point. For if we had vigilant activity creasing any expenditures with respect to our their literacy. But it is equally true sta­ in the Civil Rights Division of the Justce public schools. Thoughtful people I talked tistically that the Negro of the South is far Department-if they really moved in, to to in several States of the Deep South said . less ready to go to school at 6 than the Birmingham, into Knoxville, into the urban that they are gravely concerned about the white is at 6. The teachers ascribed this to communities of the South-remember there future of their public school systems, simply the fact that a Negro child perhaps has hasn't been a school suit-! haven't checked as a consequence of the fact that the segre­ never held a book, nor has ever been read to. this within the last 2 weeks-there gationists have made such an attack upon Now this is not to say that there are not hasn't been a school suit even started in the very existence of public education. And whites of whom the same may be said, for ob­ Memphis, mind you. And Memphis will I do feel that if we could get at least the viously there are whites in the same con­ do-you won't have any trouble in Memphis Congress-and perhaps hopefully someday dition. The simple point is that there are if this thing is adequately handled. But if the President-to put full support behind far more Negroes in that condition. Such a the Attorney General were permitted, in the that decision, this will be a great help. child has to be taught to want to read be­ name of the United States, to bring these ac­ Now another thing with respect to school fore you can even teach him to read. So tions so that we could test in a whole wide desegregation. As a question of constitu­ that the ·readiness of these children to start variety of circumstances and get this compar­ tional inequality I would assume that it is at the first grade level is far less. ative data that we need to demonstrate the entirely consistent with everything that has Nevertheless, the Nashvllle plan has about inefficacy and unfairness of these pupil place· been decided in Brown v. The Board of Edu­ it two characteristics it seemed to me were ment plans as compared with those systems cation, that a school district violates noth­ the real consideration here. They are first in which we get the board taking the initia­ ing in the Constitution, if it assigns children that the initiative is not on the child to tive, as at Nashville, then and there I think to the school nearest each child's home. In be assigned. The child is assigned to the we have the foundation for rather quickly short it is relying on residential segregation, school by the school board on the basis of peeling back what is at present a very un­ something that is a major fact of life in the the geographic location of his home in re­ happy setup with respect to pupil plaQement. urban areas of the country. It simply as­ lation to the school. In short, the school But even this doesn't do very much of signs the child to the school closest to his poard makes the initial assignment on a the trick for reasons of residential segrega­ home. You have a completely nonracial nonracial standard. tion and some of the other problems of Ne­ criterion, the net effect of which is that Now in the second year of the Nashvllle gro hesitation. For there will be those Negro children largely will be in Negro plan-they had at this point desegregated Negroes who will withdraw from the white schools and white children largely in white the first two grades at Nashville-by this school if they're given a chance to do so. schools. system of geographic assignment about 150 And it seems to me that something more GAP IN ACADEMIC STANDARDS Negro children were assigned to schools pre­ than simply worrying about what someone Now what occasionally shows, as the top of viously white, and about 70 white children here called the political-or the legal-chess the iceberg, in talking to the southern edu­ were assigned to schools previously Negro. game is in order. I would give anything, cators about this problem, is the sinking Then what happened? Into operation came frankly, if we could have a really first-class realization-or it was a sinking realization to the second aspect of the Nashville decree. Federal aid-to-education program-! mean me-that the academic standards of the This provided that any child, having been this-that would go into the secondary white schools compared with the academic assigned to a school, might thereafter apply schools with far greater contribution in the standards of the Negro schools in the same for a transfer to any other school, provided form of salaries, in those States that simply community were so woefully different. that the applicant could show that he was have not come up with adequate salaries One example will illustrate the general a member of a racial minority in the school for their teachers. For the inequality that problem. The smartest young Negro fellow to which he h'ad been assigned. faces the Negro, it seems to me, in the south­ in a North Carolina high school-Negro VOLUNTARY TRANSFER SYSTEM .ern school systems, is not merely something high school-was permitted to transfer to the Now let me unwind that and explain what that comes out of the fact that he's been 11th grade of a white high school in that it means. It meant that every one of the kept separate, but the fact that in that sep­ community as one of the first students to 70 white children assigned to the Negro aration the academic standards have been transfer. This was 3 years ago. The prin­ schools was of course a member of a racial permitted to lag so far behind the levels in cipal of the white high school told me that minority and was permitted to ask for' and the corresponding white schools of the that child who stood at the very top in did get a transfer out of the Negro school. system. 1960 CONGRESSIONAl RbCORO- HOUSE 5001 COURT MASTERS OR REFEREES your attention ·as we went along here, but I 'trict which practiced discrimination ln. the Now, finally, where might a master ~ come would like to add just ·a word or two, bring· employment of teachers. They had to sign into tl;le operation? It seems to me that ing· in a couple of facts from outside this an affidavit to this intent. there are going to be, in the course of the chess-game area entirely-facts from ·work Now tills has been important, particularly kinds of evasive tactics that can be antici­ that I happen to have been doing in the area in smaller communities where the teachers pated here, resignations of school boards of education and educational psychology. frequently are those who can provide-some­ right at that crucial instant that the court The more the psychologists look into the times are the only ones who can provide­ orders the board to come up with a plan, -nature of human intelligence, and particu­ the real leadership, but have been very re­ or some other kind of recalcitrance on the larly of the intelligence of children, the more luctant to do it because of economic reasons. part of the board that calls for skillful and apparent it is that ability .is to a tremendous It has been a very helpful thing in the imaginative use of inherent equity powers. extent a function of motivation, and the State of Illinois in getting more leadership, There is a magnificent paragraph in the capacity of an individual child to improve in providing a little more emp.loyment op­ second Brown decision of Justice Warren his IQ-which we used to think was some­ portunity, and in helping to solve this para· that suggests that the lower courts make thing that was fixed and immutable-is dox of a shortage of teachers and a surplus liberal use of their traditional equitable quite extraordinary. Variations have been of teachers at the same time. remedies to handle this kind of thing. It is measured-and over short periods of time Dean O'MEARA. We're approaching the here that I see real hope if we can have as much as one standard deviation in the limit of the time that we can devote to this joining that heroic handful of people that IQ of a schoolchild, the same child. aspect of civil rig.hts, but I do think we represent the attorneys working with the At the same time I think we have to take ought to hear from M:r. Fleming before we go legal defense fund of the NAACP on note of the fact that the educational proc­ on to anything else. this-if we can have joined with them a ess-the process of secondary education par· Mr. HAROLD FLEMING (Southern Regional cadre of Government lawyers who can give ticularly, and education even through the Council, Atlanta). Much of what I might to these Federal judges opportunities imagi­ 14th grade, the first 2 years of junior col­ have said has been said, and very ably here, natively to use equitable powers in the form lege-is very rapidly becoming not only a in the last few minutes-a mighty fine of masters, referees, what have you, to meet right, but indeed an actual possession of all, diagnosis and prescription. I'd like to any kind of contingency as it opens up. or of substantially all the Americans who emphasize very briefly a few of the points One thing that rather bothers me about are growing up in our country today. inherent in what's been said that I think are the possibility of spelling out, as the Attor­ Now, given these two facts we find our­ tremendously important for any legislative ney General's proposal now suggests that selves in a situation where education is avail­ approach to the problem of school desegre­ we do, the use of these equity powers in able to everybody, but unless we take some gation. the voting cases, is that perhaps this might giant steps to improve the quality of educa­ First, in amplification of what Herman suggest to conservative southern judges that tion that is available generally, we are going Edelsberg said, while true that the nature of they ought not use ·the same equitable to have a system of education which is more the problem is shifting a good deal, let's not powers in the school cases. Indeed an and more segregated, not by levels of actual forget that the basement States are just now amendment that I would very much prefer ability, but by levels of opportunity, so that being reached, and I think it would be a see goiag into any legislation this year that we'll not only have a perpetuation, even in little premature to hope, or to be sure, that might use the Attorney General's suggestion the North, of de facto racial segregation, but the Little Rock type of resistance is at an would be an·amendment that would make it we will have segregation of every disadvan­ ·end. And I think this should be kept :tn clear that nothing was to be implied from taged group in our society, and that segre­ mind in any legislative planning about sanc­ any Federal legislation now setting · up gation will grow greater and greater and not tions against interference. That's certainly referees and the like that comparable equi­ less and less as the quality of ·education and still a part of the package. table remedies ought not be available in the the distribution of education is increased. The two things it seems to me most im­ .enforcement in Federal courts of any other NEED FOR FEDERAL AID TO EDUCATION portant to bring home-and these points, as kinds of Federal rights. Therefore, it seems to me that an essential I say, have been certainly inherent in what's ingredient of any legislative program that we . been said-are first that there is a vacuum, talk about here today is really a massive there has been a vacuum, not so much in the infusion of Federal funds-because I think collection of information on school desegre­ only Federal funds can do this job-to make gation-though that hasn't been as much as Notre Dame Civil Rights Conference­ might be desired-but in the dissemination Part 22 it possible to offer the kind of education that of information. There's really been noth· the abilities of all the young people in our ing of comparable power and financial back­ country can absorb, and to do this with all ing and vocalism generally to match the EXTENSION OF REMARKS the ingenuity and using all the techniques -calculated campaigns of misinformation on OF that are now available-that in a small way the subject, and nowhere could it come with have been tried out with the limited re­ greater authority and with greater resources HON. FRANK THOMPSON, JR. sources of foundations and private organiza· behind it than from the executive branch tions, colleges, and universities. OF NEW JERSEY Just to give you an example, I mention of the Government. And for my money this IN THE HOUSE OF REPRESENTATIVES should be a sine qua non of any prescription the so-called junior high school 43 plan in in this field. This job simply cannot be done Tuesday, March 8, 1960 New York, where a very substantial increase alone by . voluntary agencies and by the in facilities is available to boys and girls in a courts_. Mr. THOMPSON of New Jersey. Mr. single junior high school which was, I be· Speaker, under unanimous consent, I lieve, 40-percent Negro and 30-percent Puerto UNDUE RELIANCE ON JUDICIARY include in the RECORD the following por­ Rican. This resulted in overcoming these And on that subject, which goes back to tion of the proceedings of the Civil 2- and 3-year deficiencies in reading skills. what we were talking about earlier, the dis­ arithmetic skills, and other abilities ·over a position in some quarters to rely on the Rights Conference at the University of period of months, so that the kids were judiciary for the total remedy here I think Notre Dame on Sunday, February 14, brought up to a level where they could go has reached just about a saturation point. 1960: on to compete with other not-disadvantaged I'm not worrying about the overworked EXPERIMENTATION REQUIRED students in the New York City bigh schools Federal judges. That's more in the line of But 'roind you this-l'm no expert on this of fairly high educational standards, and go the lawyers here, but I am worried about thing-! have spent an awful lot of time on as they ar.e now doing to college and public images and the effect on public opin­ worrying about it. I don't know what the professional preparations. ion that this exclusive reliance on the judi­ answers are or should be. But nevertheless, So that I would say that discussion of ciary it seems to me is producing. Someone I feel that no great harm can come from strategy, tactics such as Bill Foster proposed spoke of the disrepute in w'hich the -execu· trying as many combinations-permuta· here, is, of course, essential, but it will be to tive branch of the executive department of tions-as we conceivably can try, to get the no avail unless it is coupled with a very sub­ the Government may have fallen. Believe answers as fast as we can on the things that stantial-and I use the word "massive" in­ .me, in my part of the country it's nothing work and don't work and pragmatiCally to tentionally and. advisably-a massive pro­ compared with the disrepute in which the push forward every time we find a system gram of financial assistance to American judiciary has fallen-labeling the cpuJ:ts the like Nashville that works-try to get a some­ primary and' secondary education. superschool boards, which I can see very what 'better version of Nashville somewhere Representative PAUL SIMON (Illinois Gen­ il"apidly is going to be supplemented by else-and let's really get about the job as a eral Assembly). This is just a very minor labeling the courts superregistration boards. national responsibility-something I think point that hasn't been covered that we All of that, it seems to me, has got' to the we can do only if we succeed in getting com­ found important in the State of Dlinois. point that it is essential that the other par.able power given the Attorney General Technically segregation has been illegal for branches of the Government become in­ in this area to those that in 1957 were given more than three-quarters of a century in volved, and I heartily endorse Bill Foster's him in the voting area. Dlinois, but two terms ago in our State legis· suggestion about the one-sentence resolution Dean O'l',{EARA. Thank you, Professor Foster. latur.e we passed a bill which possibly could that Congress should pass. Mr. Yarmolinsky. ~ be an amendment to either Father Hes­ The practical choices? Voluntary segre­ Mr. YARMOLINSKY. Blll Foster has said al• 'burgh's suggestion of Dean Johnson's. The gation? It's true it's just about died out, most everything that I wanted to bring to bill prohibited State aid to any school dis- but I don't think this is an argumem t against 5002 CONGRESSIONAL RECORD- HOUSE March 8 the conciliation approach if it embodies very ever the Commission urges the executive . mental action is obviously present. Although strongly the mandate to carry on public branch of the Federal Government to modify some might suggest that the separate but education or to disseminate information­ its present administrative policies to pro­ equal doctrine is still alive in the housing not just to specialists but to the public at mote equality of opportunity in all federally field, I'm certain it is not. I'm sure the Su­ large, to inform the whole Nation on this supported housing programs. Specifically preme Court of the United States, if called important question. Because the practical the Commission calls for an Executive order upon to decide the question, would reach choices that are afflicting people-as in my requiring equality of opportunity in Public the same result as that of the Sixth Circuit home town of Atlanta now on whether to Housing, Urban Renewal, FHA and VA hous­ Court of Appeals in City of Detroit v. Lewis have some desegregation in the schools­ ing programs and for a more vigilant polic­ (226 F. 2d 180 (1955)), that is, that separate are producing a receptivity to information ing of all these programs to insure equality but equal public housing accommodations on this subject. I agree that the movement of opportunity. Finally the Commission rec­ violate the 14th amendment. is slow and grudging, but the receptivity ommends the creation of city and St ate hous­ COMBINED PRIVATE AND PUBLIC ACTION among rank-and-file citizens to information ing commissions to combat discrimination in and reassurance that desegregation is not housing. The question becomes more compli­ cated when the Government and private per­ synonomous with catastrophe-this recep­ ALTERNATIVES TO COMMISSION APPROACH tivity has increased enormously. sons combine to act and the private person These recommendations are more mean­ seeks to discriminate. We have this in the TIME FOR NEW EFFORTS ingful when we consider alternatives to the urban renewal and FHA and VA loan guar­ It's at the political level that the lack approach of the Commission. On the one antee programs. In these programs private of movement and the lack of change is most hand is the approach that the government­ developers act with Government aid and the perceptible. Down below that there is tre­ Federal, State, or local-has no business in question is whether there is sufficient public mendous ferment, and I think that this is the housing field. Builders, owners, inves­ involvement to constitute governmental ac­ an ideal time for more of this kind of in­ tors, lessors, rental agents, and others tion covered by the 5th and 14th amend­ formation, new information of the sort should be free to deal with whom they wish ments of the U.S. Constitution. In the Adam Yarmolinsky suggested as well as what on whatever terms they find profit able. If urban renewal programs, after the local we now know, and new imaginative ap­ some discriminate on the basis of race, creed, governmental authority has cleared the site, proaches such as Bill Foster suggests color, or national origin (or as Senator private builders take over and develop it couldn't be better time than now in the LYNDON JoHNSON likes to add "section of the according to the plan of the local authority. South, as I see the situation. country") this is a purely private matter. Judge Rives of the Fifth Circuit Court of Of course I share fully the idea of taking For the most part the Commission rejects Appeals said that under these circumstances the burden of litigation, some of the burden this approach and adopts the position that the developer is not merely engaged in pri­ anyway, off the plaintiffs in these cases, or racial discrimination in housing is a proper vate action but rather is a vital participant off the Negroes generally and the NAACP. governmental concern. in the governmental plan and that discrimi­ Everything that has been said on that sub­ Another approach is that represented by nation by him constitutes State action within ject seems to me to be right on the point. the Powell amendment, named for Repre­ the 14th amendment. Barnes v. City of sentative ADAM CLAYTON POWELL Of New York. Gadsen (268 F. 2d 593 (1959), cert. denied 28 Finally, I wonder if in this discussion-! By it Congress would expressly require all re­ know we've reached the end, and I've helped Law Week 3181 ( 1959) ) . The district court cipients of Federal insurance or other aid to had concluded that the private developer to push it over beyond the end, but I think give assurance in writing that the property it would be very helpful, if it were possible, was engaged in purely private action. involved would be available for sale, lease, An even more difficult question is presented to at least make a beginning toward the or occupancy without regard to race, creed, or kind of concensus that Mr. SHard offered us in the FHA and VA loan guarantee programs. color. Furthermore it would empower Fed­ Courts have disagreed as to whether the loan on the voting legislation. I realize this one eral officials to 'withhold, suspend, or termi­ is much bigger and looser, but certainly if guarantee programs render the action of the nate insurance or other aid if the recipient, builder or seller sufficiently nonprivate to we could make a beginning toward agreeing beneficiary, or any successor in title failed on some of the principles that ought to be bring it under the 5th and 14th amendments. to conform to su,ch written assurance. The Judge Oakley of the Sacramento, Calif. achieved through legislation and otherwise Commission rejects this approach in recom­ in this field of school desegregation, this County Superior Court held that "the mort­ mending no Federal legislation. gage insurance guaranty, inspection services might help to lessen some of the flailing This approach raises basic legislative pol­ around on this subject, which I think fairly and the various other administrative accom­ icy issues which warrant some consideration. paniments incident to establishment of the characterizes much of the public debate in The advantage of this approach is that it and out of Congress. system" constitute sufficient governmental would .firmly establish a sound nondiscrimi­ action to come within the protection of the Dean O'MEARA. Thank you, Mr. Fleming. natory Federal policy. The disadvantage is We have reached the seventh inning, and Constitution. Ming v. Horgan {3 Race Rel. that it might dry up any Federal aid for Law Rep. 693 (1958)). He said "When one we're entitled to a stretch; but we're so housing in the places needing it most. This pressed for time that I'm going to suggest dips one's hand into the Federal Treasury, a raises the ultimate issue of whether we little democracy necessarily clings to what­ that you take the stretch in this room and should sacrifice Federal aid for segregated that you limit it to 5 minutes. ever is withdrawn." A contrary result was housing today in the hope of achieving non­ reached by U.S. District Judge Kirkpatrick in segregated housing tomorrow. an earlier case involving Levittown in 1;3ucks EXISTING LAW County, Pa. He rejected the notion that the The Commission recommendations do not loan guarantee program with its inevitable Notre Dame Civil Rights Conference­ write upon a clean legal slate. There is a governmental regulations sufficiently clothed large body of existing law, legislative and ju­ Levitt's action with a governmental char­ Part 23 dicial, Federal, State, and local, dealing with acter. Johnson v. Levitt & Sons (131 F. Supp. racial discrimination in housing. The law 114 (1955)). EXTENSION OF REMARKS is generally that a private person acting on HOUSING AND HOME FINANCE AGENCY POLICY OF his own is free to discriminate as he pleases. A few obse.rvations concerning the legal On the other hand generally when the Gov­ policies of the Housing and Home Finance HON. THADDEUS M. MACHROWICZ ernment acts on its own, the Constitution Agency are in order. In general that agency OF MICHIGAN prohibits racial discrimination. Some ex­ amples of the latter are as follows: The 14th has attempted to attune its programs to the IN THE HOUSE OF REPRESENTATIVES amendment to the Constitution of the United racial policies of the local communities. Tuesday, March 8, 1960 States has invalidated racially discrimina­ This has resulted in segregated low rent tory zoning laws. Buchanan v. Warley (245 Public Housing projects in some parts of the Mr. MACHROWICZ. Mr. Speaker, U.S. 60 (1917) ). Likewise it has invalidated country and integrated projects in other under unanimous consent, I include in the judicial enforcement of racially restric­ parts of the country. Similarly in the urban the RECORD the following portion of the tive covenants whether of the obvious kind, renewal program and the FHA and VA loan programs developers are relatively free to ­ proceedings of the Civil Rights Confer­ Shelly v. Kraemer (334 U.S. 1 (1948)) and Barrows v. Jackson (346 U.S. 249 {1953)) or abide local policies. In some of the States ence at the University of Notre Dame on and cities having antidiscrimination laws Sunday, February 14, 1960: of the more sophisticated kind. Harris v. Sunset Islands Prop. Owners (4. Race Rel. L. the Housing and Home Finance Agency and lli. ACHIEVING EQuAL OPPORTUNITY IN Rep. 716 (Fla. 1959)). (In the Harris case the Veterans' Administration have agreed HOUSING the Florida Supreme Court invalidated a re­ affirmatively to advise the developers that Dean O'MEARA. We've reached the last of strictive covenant llmiting land ownership they are expected to obey these laws and to the three specified subjects that we wanted to members of a private corporation where refuse to deal with violators. Administrator to consider here today-achieving equal op­ the effect was to exclude Jews and non­ Mason . has announced that developers con­ portunity in housing. Professor Broden of whites.) victed of violating State antidiscrimination the Notre Dame law faculty will introduce Although the pressure of local prejudice laws would not be eligible for urban renewal this last subject. . maintains racial segregation in many low programs. In the mortgage loan guarantee Professor BRODEN. In the housing field no rent public housing units, such discrimina­ programs the agency has also prohibited the civil rights b1lls are now being pushed and tion by local governmental authorities clearly inclusion of racially restrictive covenants l:n the Commission recommends none. How- violates the 14th amendment. State govern- deeds.

•' 1960 CONGRESSIONAL RECORD- HOUSE 5003 STATE AND LOCAL LAWS Congressman BRADEMAS. There seemed to is true in the housing field. I wonder The most vigorous antidiscrimination ac­ me to have been several questions raised by whether it isn't important that we should tion in housing has been taking place re­ Professor Broden. The first point that he have a general policy which affects the whole cently on the State and local level. At least mentioned had to do with the recommenda­ country on this-which doesn't seem di­ 13 States and 34 local communities have en­ tion of the Civil Rights Commission that rected simply at the South. It's so easy acted provisions against racial discrimina­ there should be established biracial commit­ to be virtuous at a distance-and I know tion in housing. The reach of these statutes tees or commissions on housing in the cities that there's also on the other hand a tend­ and ordinances varies. For example in Ore­ and States with substantial nonwhite popu­ ency to make the problem bigger by asking gon any person engaged in the business of lations. I think it might be interesting to for a bigger remedy. But sometimes the selling or leasing real property is prohibited get some observations on the effectiveness of broadest approach has value. I think that from engaging in discriminatory practices. past commissions of this sort. perhaps the northern liberal, so-called, will · The Civil Rights Commission reports that in Another question that he brought up had be in a stronger position and will be more Colorado discrimination is prohibited in to do with two other recommendations of influential if what he's asking for really transactions involving all dwellings other the Commission-recommendations for an has a bite at home as well as somewhat than owner-occupied units. The New Jer­ Executive order by the President stating that further away. sey, New York, and Washington statutes not equal opportunity in housing was a con­ So, I wanted to finally tie this down in the only cover public housing but also prohibit stitutional objective and directing all Fed­ form of a question. I didn't quite see why- discrimination in the sale or rental of pri­ eral agencies to shape their policies and 1 didn't understand why-the Civil Rights vate multiple dwelling houses built with practices to that end. I wonder what objec­ Commission, although apparently asking for Government loan insurance. The New York tions /might be raised to this particular rec­ executive action, did not recommend legisla­ City ordinance prohibits discrimination in ommendation of the Commission. tive action, at least in the sense of deter­ multiple dwellings of three or more units But the last questions that I have I think mining policy. It seems to me it's asking too and in housing developments of 10 or more are perhaps better for us to focus our atten­ much of the executive or administrative units, as well as in all public housing. Many tion on because here are areas which are agency to determine that its funds will not of these laws are administered by housing perhaps more controversial in nature. One be available except on certain conditions so commissions which first seek voluntary com­ of the recommendations of the Commission fundamental as this, conditions which may pliance but have authority to hold hearings, was that the FHA and the Veterans' Admin­ to some extent hamper the carrying out of issue cease and desist orders, and seek court istration should strengthen their present the program-! think we have to realize sanctions. agreements with States and cities that have that--hamper some of its objectives. It laws opposing discrimination in housing in seems to me that kind of a determination­ SELECTION OF ADMINISTRATIVE REMEDY a way spelled out by the recommendation­ that weighing of ultimate goals her-e-has There is a parallel in the Commission's ! won't go ahead to read it here. And then to be made by the Congress and that it has recommendations concerning voting and Professor Broden said that we had 13 States to be faced up to by the Congress. those concerning housing. The Commission and 34 local communities which now have Mr. EDELSBERG. What could Congress do, does not leave these problems to the courts such laws. It seemed to me, to give a lay Nat? alone. It recommends administrative reme­ reaction, that we are in effect, if we are to Professor NATHANSON. Well, I was about to dies as well. And I would suggest there are follow this kind of recommendation, requir­ say. For my own part I think I would be good reasons for this. ing a higher standard of performance of prepared to make the decision. I would say At present the scope of judicial protec­ these particular areas than we require of that I would sacrifice the immediate gains, tion in the Urban Renewal, FHA and VA those States and communities that do not perhaps to some extent, both in education · loan guarantee programs is uncertain. As have such statutes. And I wonder if there's and housing by asking for these conditions. far as housing cases are concerned there are not some sort of problem of fairness involved I have great confidence in the persuasiveness complex legal problems concerning the ju­ there. of money, and that in the long run there risdiction of Federal courts. And in any ju­ Then two other questions briefly, which will be enough people who want that money dicial remedy, State or Federal, there is the are both related to this last point. One a:hd that this will be really the most effec­ problem of expense and delay which is sig­ has to do with the Urban Renewal program tive sanction, the carrot in a sense, both in nificant for the usual victims of racial dis­ and one has to do with the VA and FHA housing and in the field of education. crimination. loan programs, and I would raise the same Mr. VERNON EAGLE (the New World Foun­ By invoking the administrative remedy, questions in both areas. Should the Fed­ dation). I just want to supplement what discrimination would be prevented in FHA eral Government enforce a policy of non­ Professor Nathanson has said on the power and VA housing without forcing victims to discrimination on the developer of an urban of money and the use of sanctions, and court litigation in States and cities having renewal site and, comparably, should the throw out a suggestion. I do it with a little antidiscrimination laws. The advantageous Federal .Government enforce a policy of non­ bit of fear and trepidation when there are so flexibility of the administrative process discrimination with respect to VA and FHA many lawyers about, but I agree first of all would be employed in the selection of sites loan programs, or to put it more specifically, with his suggestion and with the suggestion for public housing to avoid racial concen­ should there be congressional action. that that Father Hesburgh made, that it's cer­ tration and to assure that spokesmen for mi­ would stipulate the recommendation set tainly perfectly right for the Federal Gov­ nority groups participate in urban renewal forth by the Civil Rights Commission-on ernment to attach such strings to public planning. Presumably these are some of the the theory that, if such discrimination is funds, both for schools and for housing. reasons the Commission turned to the ad­ found, the people who are dipping into the But it occurred to me that there's another ministrative remedy. The Commission urges Treasury and have democracy touching their field, that of philanthropy. People may not that the power of governmental agencies, hands should not be permitted to keep their realize the sums that are being spent in Federal, State, and local, be affirmatively ex­ hands in anymore? philanthropy today, but I think last year ercised to combat racial discrimination in These are some of the questions that oc­ it was something like $7 billion. Not all of housing. curred to me that we might discuss. this, I can assure you, has been on a basis CONCLUSION of discrimination, but a good deal of it cer­ Professor NATHANSON. I was a little more tainly has. I close with two points the Commission anxious than usual to get in early on the Speaking for my own foundation, and stressed. First, the national housing crisis, discussion, because.! wanted to link it with there I can speak officially, we've written involving a general shortage of low-cost de­ the previous discussion about education. right into our rules of operation that no cent housing, is a potent factor imposing 'Since I didn't get a chance to say a word money would be given to institutions which substandard housing on racial minorities. on that, I'm going to fudge a little, you see, discriminate on the basis of race, creed or Therefore no real solution to actual discrimi­ and put them both together. color. I think we're the only foundation nation in housing can come until there is It seems to me that there is a common that I know of that states this specifically a vast increase in the availability of decent general problem with respect to the field in public. of education and with respect to housing low-cost housing. The Commission did not that we have to get the courage to face I realize that the Congress has been very address itself to the general housing prob­ up to and make up our minds about--really hesitant to interpret the sections of the In­ lem. However, Father Hesburgh and Dean the fundamental question that Father Res­ ternal Revenue Act of 1954 that relate to Johnson recommended legislation for spe­ burgh was putting to us at lunch: whether tax exempt institutions, and even though cific assistance to persons displaced by urban the Federal grants-in-aid are going to be the Internal Revenue Department has tried renewal and the Federal highway programs conditioned by requirements of nondiscrim­ to put a lot of pressure on them they refuse and special mortgage and loan programs for to do it. But it seems to me t:hat it would ination. be perfectly possible and right for them to low income persons in general. Second, the It seemed to me that it was obvious from do so if it requires an act of Congress. Per­ Commission stressed that discrimination in the last comments in the education field haps it can be done on an administrative housing is a national not a regional phe-­ that most of us anticipate that in the not­ basis-! don't know. nomenon. It is just as ugly and pervasive too-distant future Federal grants will be But if you can put pressure on the ex­ in the North and West as it is in the South. playing a tremendous part in the education penditure of $7 billion in a year to see to Dean O'MEARA. Thank you, Professor field-that the great sanction, really, is go­ it that none ot these funds are ·spent on Broden. Congressman BRADEMAS W111 open ing to be the withholding of funds, if we're institutions or organizations that discrim­ the dis·cussion. ready to take that step. That same thing inate on the basis of race, creed or color,

- 5004 CONGRESSIONAL . RECORD- HOUSE March 8 you've got a fairly hard pinch where it funds to construct those schools I would not Deerfield be accuslld of a conspiracy to vioi. hurts--in the pocketbook. This covers a regard as a hazard. late the 14th amendment when the other large area. At the sam2 time it seems to me our dis­ group was violating it also? Foundations are one· part-but you've also cussion has already indicated that different QUOTA TO MAINTAIN INTEGRATION? . got the vast organizations of the churches. areas call for different kinds of solutions And even in this sacred place, I would sug­ and different means. We had a great deal That's a real problem in the community gest that the churches are not at all free of debate on voting ·as to whether we ought in which · I live-Hyde Park, which is an from criticism in this respect. Also private not to add something of an executive char­ integrated' community. How do you keep schools-it seems to me that this possibly acter to these sanctions and these enforce­ it in-tegrated'? If you tie FHA's hands and may be a way of putting a pinch on the ments. And we all agreed that it was highly say that FHA ~oney can only go to groups programs that are being suggested and are desirable. Here in the case of housing the that d'o not discriminate-any discrimina­ in existence in the South, where they're Commission has recommended principally tion based on any quota system of course going to try to set up private foundations that kind of action-the tightening up of is· discrimination. And yet in our area, to run the schools. If they had their· tax the administration of Federal housing aids, without some form of a quota system, as exemption taken away 'from them it would by a.dministrat.ive action, by Executive order. disliked as that may be, it's not going to be a good deal more difficult. I'd love to I think this entirely desirable and likely to continue integrated. have some comment ;from the legal minds be extremely effective. A Negro friend of mine in our area came here .as to how this could be done. I have in mind one recent order which was to me about a year ago and said, "We're Mr. YARMOLXNSKY. I'm not speaking as a not handed down by the President, but by buying a cooperative housing project--six legal mind. I'm a little concerned about the Federal Housing Administrator, and flats-and we'd like to have it integrated:" Vernon Eagle's suggestion and also somewhat which can, over a period of time, have quite So he said, "We want three white families about Nat Nathanson's. It seems to me that far-reaching results. This has to do with and three Negro. I'm going to take one of while obviously money has a good deal of the disposal of foreclosed FHA properties, them," he said, "and we've got plenty of power, the effect of forcing people to act which upon foreclosure revert to Govern­ Negro applicants, but not enough white. against their principles in order to obtain ment ownership and are then sold to the Will you join us?" Well, we were satisfied money-the effect of this, I would be awfully with our housing so we didn't join him. general public through brokers and are ob­ But eventually it filled up-all Negroes. afraid, would be that in the situations where tainable with nominal or almost no down­ the money was most needed it would be payments and on very liberal terms. Now it He was trying to keep it integrated. No turned down, and the result of turning it FHA was involved, particularly, but here has been the universal practice that these just on a private basis he was trying to keep down would make the situation that much sales are made through white brokers, who worse. 1t like that. channel them solely to white prospective Now there's a group of housing in the purchasers. The recent order reafflrms the near southside, Prairie Shores, Lake Mead­ no-discrimination policy and then provides ows, which is attempting-by a. selective Notre Dame Civil Rights Conference­ that all such property must be very plainly process, they call it--to keep it integrated. labeled, must be a matter of record, and that The one, Prairie Shores, is on the basis of Part 24 - if Negro purchasers cannot get these homes about 60 percent white and 40 percent Ne­ through white brokers they may consum­ gro. The oth€1" group didn't start out with EXTENSION OF REMARKS mate their purchases in the regional offices any kind. of an allotment, but filled up OF of the FHA itself. And it provides for suit­ rapidly with Negroes. Now as the Negro able dissemination of this information in the families leave they're trying to put whites communities where it's important. Now in in there to keep that an integrated project, HON. STEW ART L. UDALL a place like Levittown, Pa., I can assure you OF ARIZONA but they're willing to accept a reverse .ra­ that this is a matter of some moment, be­ tio-60 percent Negro and 40 percent white. IN THE HOUSE OF REPRESENTATIVES cause the number of houses available from day-to-day on this basis is quite large, and . PROBLEMS . OF OPEN ~CCUP;ANCY . Tu~sday, March 8, 1960 it's simply a matter of removing this artifi­ ,All of these.problems are tied up with the Mr. UDALL. Mr. Speaker, under cially-imposed barrier to access by Negroes. whole questio·:q, uf ope~ occupancy, which all unanimous consent, I include in the REc­ I think that it is much more probable that of us are for, Our alderman is for open you will get some effective relief here through ~cupa.ncy · in the city council of Chicago, ORD the following portion of the pro­ Executive orders and administrative means but it hasn't passed. If we get open occu­ ceedings of the Civil Rights Conference than you will through legislation. I don1t pancy, that means first come, first served. at the University of Notre Dame on Sun­ believe, for example, that Congress will actu­ The people who need housing most are day, February 14, 1960: ally amx either to housing or to education ~egroes. They will fiock into our area wher­ Again, this is one of these situations where bills genuine safeguards against the use of ever there are vacancies, and you'll not be the choice is a terrible one. But I would be Federal funds in discriminatory ways. able to select with an open-occupancy rule. distressed if this were done with Federal Dean O'MEARA. There have been three You'll have to take first come, first served. funds--well, Federal funds for education hands up. I'll call on the owners in the And so you lose the whole progress of inte­ certainly-I'm less concerned about the order in which they put them up. Mr. gration, housing issue, because that is a matter more Anderson. Now, another thing. If you say open occu­ of material comfort. But if you deny people Mr. DOUGLAS ANDERSON {assistant to Sen­ pancy, that means that Negroes can move the education they need to ov.ercome the ator DouGLAS). I would go for this denial anywhere in the city, but where will they go? prejudices that they have because they have of Federal funds to groups that discriminate, They will go to the friendliest community­ the prejudices, I don't think this makes a but when we do that we must recognize the the community that has not fought them­ great deal of sense. truth, as one gentleman said over here, that and so they'll come to Hyde Park. They Also, on -the matter .of .amending the tax some of those funds are not going to be won't move out into areas where they know laws or the tax regulations-:anything that used. In Chicago in public housing we have they're going to be discriminated against in is done--to tighten up the tax situation on a situation like that. Any public housing terms of buying and where people next door ideologlcal grounds, I a;m scared of that. I in Chicago must be nondiscriminatory. to them may move out or wliere they won't would not want to see it done for any And so the only public housing we get is in have friendly neighbors. They'll come into reason. I think this is too dangerous, and the Negro areas. Hyde Park, because we welcome them. So also very difflctilt to enforce. And I don't We had one situation out in an integrated they'll flood in there, even with ah open­ know where Vernon's $7 billion figure comes area-Trumbull Park-and the battle re­ occupancy amendment. from-! take it this is all philanthropy, in­ sounds still a.b'out our attempt to keep that These, to me, are some of the real problems cluding foundations. Foundations are 3 an integrated housing project. The white that we face in connection wlth any overall percent of all philanthropy. wards will not accept public housing be­ attempt to relate Federal funds only to Dr. MoRSELL. I do:n:'t have any compunc­ cause they know it will be integrated. And housing projects that are nondiscriminatory. tion at all about the desirability or the merit so we have a large number of units of public We get ourselves into some real problems­ of withholding Federal funds from either housing allocated to Chicago that go unused. and this comes from one wh~ isn't a lawye)." housing or education if they are to be used There's another situation in connection or the son of a lawyer, but just a practical by bodies which are 1n violation of the Con­ with restricted covenants. A Federal judge politician. stitution. With regard to Mr. Yarmolinsky's is now pondering a situation which has Dean O'MEARA. Thank you, Mr. Anderson. fear that we narrow the areas in which edu­ arisen in Deerfield, where a private housing We have time to hear only from those who cation along liberal lines can take place, I project is being erected with the idea that :have alreSidy raised their hands, and of the can assure him of two things. It he were to it will be integrated. Fro~ a legal .view­ three-there are three o·f them-Professor look at the plans already drawn up in city point the opposition to this group has said Dukeminier is 1lrst: · after city in the South for new school con­ ·in court the other day that there's discrimi­ Professor DuKEMINIER. It seems to me that struction, he would find that this has been nation on both sides, because the housing we are basically faced with two problems done with the express and explicit and very project was based on limiting the number here, and one is the problem of giving ade­ obvious purpose of making it next to im­ o.f Negroes who could live there to 10 or 11 quate housing to .all persons, .and. the other possible to achieve (!lesegrey;ation, no matter out of about 45 :or ifJO. And so they were Js the problem of discrimination. And, even what bappens. So that from that point of discriminating, tQo, .and therefore 'how if you accept Professor Nathanson's idea that view certainly the loss or the lack of the could the group that. was fighting them in .Federal money would not be given unless it 1960 CONGRESSIONAL RECORD- HOUSE 5005.

was giv~n on a nondiscrimi;na:f;ory ba~is, I'm vorced frpm the obligation to be practical and position against any Federal aid to educa­ not sure that this would help the Negro to effective. And I would say, translated to the tion. · They said therefore we cannot accept the extent that you might think it would, problem of antidiscrimination amendments, the $400,000. This certainly is not as strong because it's not Federal money that's given. it goes something like this. It begins with a as the matter that we're after. So I'm ·not It's private money which the Federal Gov­ counting of noses on a practical basis. Cer­ so certain that, depending upon what you ernment insures in the case of FHA and VA tainly in any Congress in which you can pass want to accomplish, there is much to be guaranteed mortgages. So that you have to both the substantive legislation and the anti­ gained by the concept that "Either you wm get a private banker to make the loan, and discrimination rider, you should. vote for follow this or you won't get funds." then the Federal Government will insure it, both. It should become a condition of the In our own city of South Bend we are Well a subdivider can easily agree that his legislation. now in the process of building a low-rent houses in his subdivision are available to I'm not so sure what you do when after housing project. This is going to be, or colored and white alike, but the colored counting noses you know that if you tack on this is open occupancy. In all of the pub­ person cannot get a private loan from a local the antidiscrimination amendment you will licity we have stated that race, national banker to buy into the subdivision, and so kill the principal legislation so that you will origin, etc., will have no bearing upon the it remains all white. have neither nondiscrimination or schools or application. Now I don't know what is So it seems to me that one of the critical housing. In such a case I would suggest that going to happen. Most people think this is problems that the Negro faces is getting if a Congressman feels that by passing the going to be a project solely for Negroes. mortgage money. And presently the Federal housing or education legislation without the Also, we have set up the machinery to Government does not make any mortgage rider-and let's not call it a rider because it have another low-rent housing project. money directly ayailable to Negroes unless isn't really a rider, it's really related to the We're having great difficulty in getting the they're veterans and come under the VA purposes of the bill itself, and so conven­ site, and I know the reason why: because direct loan program. And one of the things tionally and classically it bears the more the best areas, in the places where the proj­ that it might do-to do more than it's pres­ honorable semantic name of an amendment ect should be, with the South Bend policy ently doing under the voluntary home mort­ or a condition. It isn't an irrelevant pro­ of operi occupancy it . would mean that it's gage credit program, which is a program that vision. Where you feel that the substantive going to take some of the people of my assists Negroes in ge:ttirig their applications legislation enacted can thereafter be subject group into areas where we do not now exist.' into bankers' hands-is to make direct loans to antidiscrimination executive action, then This isn't written, this hasn't been stated, to Negroes who are refused direct loans you haven't postponed or hurt the possi­ but this I'm pretty certain is one of the by private bankers in their community. bility of being able to desegregate, to impose causes of our difficulty. There is much In this way the property in which they live, nondiscrimination when you have the votes pressure for more low-rent housing in South which in most cities is in the older areas of or the executive will to do it. Bend because of our urban renewal pro­ the city and badly needs improvement, could Then I see no harm, I see no ethical wrong, gram. It's possible-unless the conscience be improved, and also they could perhaps of this community rises up and gives us in voting for the basic substantive legisla­ some support, it's very likely-we're going get money this way to buy subdivision tion. I say this, still believing that this is property. to have to put our additional units in an one of the most difficult problems of legis­ area that's considered more or less Negro. But I don't think by simpiy saying that lative ethics to come before a Congressman. Federal money, or Federal insurance, rather, Senator DICKINSON (Indiana State Sen­ MORE THAN LAWS REQUmED wouldn't be available to a discriminatory ate). I think in this matter there are two Now certainly it is not my intention to builder, you're going to insure that you're considerations-well maybe just one: What throw any cold water on it. I still-and going to get integration of any type, unless do we hope to accomplish'/ And then we this is my approach always in the legis ... you face up to the problem of getting mort­ have to decide or determine the instruments lature--try to observe that which has to be gage money into the Negroes' hands. or the mechanisms most available to us to done and how can I best accomplish it. Mr. EDELSBERG. I think the most perplexing get a certain job done. ' In this kind of a consideration we must problem of legislative morality in this con­ Now I don't have--as a legislator, long ago determine what is wanted, and how much text is the problem of that which John Mar­ I stopped having a lot of faith in that which of it we're going to be reasonably satisfied sell felt no ·compunction. He thought the could be accomplished by statutory provi.:. with accomplishing over a period of time. answer was quite obvious. It's the problem sions. I've participated in and followed But certainly we're going to have to go of whether or not to tack on ·an antidiscrim­ many laws through. They get on the books much beyond the power and the forces of ination provision in Federal aid for social in different ways. For example, I can recall the legislative process and, I may even say, welfare purposes. I've been exposed to this when we were working on our FEPC proposi­ the governmental processes, to accomplish approach since it began with the Bricker tion back in 1945. We :finally got it this thing that is causing us so much dis­ amendment. I've seen this device of the through, but it wasn't really the wish of the tress, not only on the local, State, and the antidiscrimination amendment used as the group that was running the State govern­ National level, but is causing us so much most cynical, amoral parliamentary maneu­ ment. But there were political repercus­ distress on the international level. Legis­ ver of any in the last 10 or 12 years in the sions and so forth that had to be considered, lation-governmental processes-are not American Congress. When Bricker offered so they let the law get on the books. But going to do it. his antidiscrimination amendment his pur­ what did the Governor do? He immediately However, if we want to stand up and pose was brazen. It was designed to defeat put a person in to administer the law who support and do or dfe with the concepts the housing bill to which it was attached, was absolutely opposed to it all the way and philosophies that have tended to' pro­ because liberal southerners like HILL and along, you see. But he still had a record of mote our situation over the world, then of SPARKMAN and some others would not be getting the law on the books. course we can afford to say, "We'll have it able to vote for a housing bill to which Now, actually we should just face it: right and we'll go up or down with it." If was appended an antidiscrimination condi­ there's no difference in our difficulties in you want to take what is available and tion. education and our difficulties in housing. what can be had and wl,lat may contribute Thereafter the history of the various at­ The germ that creates the toxic condition, to alleviating the pressure of the situation, tempts to tack on such bills, both in the the poison that causes one to be a problem then some of these very strenuous measures Senate and the House, is something to be­ does the other. I mean if ·you kill it in one are going to have to have a lot of considera­ hold. In the House I've seen Southern place, you'll :find that both _of these things tion, as I see it, before you decide that you Democrats lined up on a nonrecord vote and will disappear. Certainly laws have a con­ are going to institute them. pulled off the fioor, so that they let the anti­ tribution to. make, but it seems to me that Dean O'MEARA. At this point, ladies and discrimination amendment pass, so ' that" we can't--we must view other areas· 1n gentlemen, the agenda calls for a summary thereafter no southerner who wanted the which there has to' be honest consideration or a summation of the conference, and Con­ substantive housing legislation would be and effort. gressman BRADEMAS has agreed to undertake able to vote for it. They did it as cynically that. as that. And only in the last session, this UNWORKABILITY OJ' ANTIDISCRIMINATION last year, Congressman PoWELL voted against CONDITIONS the Powell amendment. · He voted against it, On the matter of attaching certain re­ Notre Dame Civil Rights Conference- but ·it was tacked on to the housing bill quirements-that is that a subdivision of· . Part 25 - he wanted. He voted for it when it was government, a State or locality, will not be tacked on to the housing bill he didn't care able to participate unless they have clauses about--the Republican version. So that's prohibiting discrimination-this is very EXTENSION OF REMARKS the kind of history these antidiscrimination good. I wish it was workable. But I may OF amendments have. tell you this could serve, certainly in the beginning, to do nothing much beyond less­ HON. JOHN D. DINGELL PROBLEM OF ANTIDISCRIMINATION AMENDMENTS ening our taxes. And I say that for this Now, what do you do in such cases? Is reason: right in my own State of Indiana I OF MICHIGAN there any guide? For myself I'm gUided by can recall when the State of Indiana refused IN THE HOUSE OF REPRESENTATIVES an ancient saying which is attributed to the a grant of $400,000 that we could have had Tuesday. March 8. 1960 rabbis-though some rabbis have told me without matching funds because this was they can't :find it. It sounds more like for a program of rehabilitation for handi· Mr. DINGELL. Mr. Speaker, un~er Adlai Stevenson than anybody else. ·n says capped, and it would involve some of our unanimous consent, I include in the that the obligation to be jUst cannot be di· educational processes. Indiana has taken a RECORD the following portion of the ·5006 CONGRESSIONAL· RECORD- HOUSE March 8 proceedings of the Civil Rights Confer­ segregation, and that we will have to giv~ EXCERPTS FROM THE REPORT OF THE ence at the University of Notre Dame on greater reliance to the law itself. . COMMISSION ON CIVIL RIGHTS . Sunday, February 14, 1960: The suggestion was made by Professor . (Page references to Commission's abridged ' Foster and supported strongly that Congress ~ report "With Liberty and Justice for ~ll.") SUMMARY · should itself pass a resolution of some sort Congressman BRADEMAS. At times today, in which explicitly the House and Senate VOTING during some of the technical legal discus­ would endorse the principle of the 1954 Su­ The history of voting in the United States sion, I have been reminded of Carl Sand­ . preme Court desegregation decision. shows, and the experience of this Commis- burg's line, "Why does the hearse horse ' Another point on which I think most of . sion has confirmed, that where there is will snicker when they carry a lawyer away?" us were agreed was that in the field of edu­ and opportunity to discriminate against cer­ But on the whole this has been for me, cation we should lift some of the burden tain potential voters, ways to discriminate as a nonlawyer and legislatOT, a most valu­ from the plaintiffs, for example the NAACP, will be found. The burden of litigation in­ able discussion. I do hope that this law and place more of the burden for institut­ volved in acting against each new evasion of school and other law schools throughout the ing these desegregation suit s on the Federal the Constitution, {)Ounty by county, and reg­ country will carry on this experiment in col­ Government. istrar by registrar, would be immense. Nor laboration between lawmakers and law We also heard a call for more imaginative is there any presently available effective rem­ teachers. and more widespread use of equitable pro­ edy for a situation where the registrars I have learned a lot and I trust that the cedures on the part of the courts in resolv­ simply resign. record of this conference will also be useful ing, this problem. If any State were to pass a law forthrightly to other Members of Congress who will read We were· agreed that we needed a great declaring colored citizens ineligible to vote, it in the CONGRESSIONAL RECORD. I WOUld like deal more information on the ways in which the Supreme Court would strike it down to see other conferences like this held on desegregation of school districts has been forthwith as in :flagrant violation of the 15th other important leg1slative problems. carried out in the past, and we agreed that amendment. The trouble, however, comes In summarizing today's· discussion I'm the Federal Government should itself estab­ not from discriminatory laws, but from the only going to try to make some of the major lish an agency for the collection and dis­ discriminatory application and administra­ points that seem to me to have been made semination of such information. tion of apparently nondiscriminatory laws. in each of these three areas. And, finally, it was suggested and gen­ Against the prejudice of registrars and HOUSING . erally agreed that we needed the use of Fed­ jurors·, the U.S. Government appears under · present law, to be helpless to make good the In the area of housing, it seems to . me eral funds for public education generally in guarantees of_the U.S. Constitution (p. 88j. that most of our discussion has been focused far greater measure than is today the case. around the following issue, and we've not yet THE RIGHT TO VOTE FINDINGS AND RECOMMENDATIONS come to any resolution of it: Are Federal In the field of voting rights we were The problem (unanimous) grants to be conditioned on the existence agreed, I think, first that there should be - "To secure these rights," declared the or nonexistence of discrimination in a par­ established some process of Federal registra- great charter of American liberty, "govern­ ticular area? tion for disfranchised Negroes and that this ments ·are instituted·· among men, deriving Mr. Anderson has given us a good example , process ought to be no more burdensome for their just powers from the consent of the of the type of problem one gets into when Negroes than for whites who register to vote governed." The instrument by which con- he tells about the effort in Chicago to keep under State procedures. · · sent is given or withheld is the bal.lot. public housing both integrated and operat­ Second, we were, I think, with an excep~ Few Americans would deny, at least in ing under a policy of open occupancy. His tion or two, of the mind that the Federal · theory, the right of all qualified citizens to point I think was underscored by what Sen­ ' registration process should be used for both vote . . A significant number,_however, differ ator Dickinson has just told us. · State and Federal elections. as to which citizens are qualified. None in If we were to assume, however, to come Third, we were still not in complete agree- · good conscience can state that the goal of to another point in the discussion on hous­ ment as to whether or not the judicial or universal adult suffrage has been achieved. ing, that Federal grants are to be condi­ ·the administrative approach was the appro- Many Americans, .even today, are "denied the tioned on the nonexistence of discrimina­ priate remedy here. franchise because· of race. This is accom- tion, we have the following problem: Should Fourth, we were most of us agreed that plished through the creation of legalimpedi­ this condition be set forth by action of there should be avallable Federal-court ments, administrative obstacles, and positive Congress, or should it be carried out by _equitable enforcement to assure that who- discouragement engendered by fears of eco­ Executive order? ever was federally registered had a chance nomic reprisal and physical harm. With I think Mr. Edelsberg summed up very to vote. those Americans who of their own volition well the problem as it confronts any Mem­ And fifth, I think we were agreed-and we are too apathetic either to register or, once ber of Congress. I might say, Mr. Edelsberg, spent a good deal of time on this subject- registered, too apathetic to vote, this report I remember very vividly last year when we · that there should be some assurance that does not concern itself. But with denials of had the housing bill up and the opponents ' the States, although given an opportunity to the right .to vote because of race, color, of the housing bill thought they had us in challenge the Federal registration proc ~dure, religion, or national origin, this Commission a pox because they had one of their side all should not be able by delay of any ·sort to and, the Congress of the Unite"d States are ready to get up-and I'm trying to be, Dean, defeat the right of those who were registered urgently concerned. as nonpartisan as I can here-Mr. BALDWIN, to cast their votes in the election. The Commission's studies reveal that many of California, a Republican Member and a The suggestion was made-a constructive Negroes are eager to exercise their political very able one, rose and offered a Powell-type suggestion that seemed to most of us to h amendment. Then the rabbi's problem con­ ·advance a sol'q.tion of many of the problems- rig ts as free Americans and that they have fronts you. "S.nd I think agreed upon, that the time for . made some progress. Our investigations have revealed further that many Negro Amer­ I'd already made up my own mind what the St~te to challenge the qualifications of lean citizens find it difficult, and often impos- I was going to do on this and, as a matter of a person thus federally registered should sible, to vote. An attempt has been made fact, I think it's a decreasing problem, be­ come when the person appears to vote, so cause I think more and more Members of that, pending decision on the challenge by to gather and assess statistics and facts re- Congress who believe in civil rights and who the Federal courts, his vote can be cast and garding denial of the right to vote. This believe in the substantive legislation are now · his ballot impounded and held for subse- task has required careful analysis and under- not going to l~t themselves be mousetrapped quent inclusion in the count. standing of the legal impediments. on this issue. And I remember the look on I'm sure that I've missed some of the The Commission has sought to evaluate CHARLIE HALLECK's face when the time came major points that were made here today, but the extent to which there is an obligation for those opposed to the Powell-type amend­ I've tried to suggest what seemed to one lay on the part of the Federal Government to ment to go down the aisle, and who should observer to have been the most &ignificant prevent denial of the right to vote because of be leading the troops down but ADAM POWELL points. discrimip.ation by r.eason of color, race, and the other three Negro Members of the . And once again, speaking for myself, I religion, or national origin. This is what House. That was the only time in my ex­ want to express to all of you our great appre- . Congress asked. The scope of Federal power perience when every single Democrat voted elation for your having come to the univer- to protect the suffrage depends on whether the same way on any issue. There was a sity to take part in this conference, and to "interference comes from State and local om­ shout of laughter and a wave of applause. express for all of you our great appreciation cers or from private persons; on whether I think, as I say, it is a decreasing issue. to Father Hesburgh, to Dean O'Meara, and to improper voting procedure along is involved, Finally with respect to housing I think the University .of Notre Dame for acting a:s or whether the interference is based on race one thing we've all agreed on-though we've our host. or color, and on the nature of the election not settled these other issues-is that we Dean O'MEARA. I h:we only this to add, itself, whether State or National. have to give greater attention to more of it. ladies and gentlemen, the hope .that this . Article I, section 2, of the U.S. Constitu­ confer.ence has contributed .a little bit towar,d tion has long stood for the proposition that SCHOOL DESEGREGATION the realization of that kind of society de- while the qualifications of electors of Mem­ Now in the field of education, it seems to scribed by Prime Minister Macmillan as one bers of Congress are governed by State law, me that we made several points and that in which "individual merit alone is the crl- the right to vote for such representatives is there was some consensus here. We most terion for man's advancement, whether po- derived from the U.S. Constitution. Article of us agree that there is a rather discourag­ litical or economic." Thank you all very I, section 4, authorizes Federal protection of ing picture with respect to voluntary de- much. Th~ confer_ence is adjourned. voting in Federal elections against interfer- 1960 CONGRESSIONAL RECORD- HOUSE 5007 ence from any source. The 14th amendment the RECORD the following portion of the constituted State registration omce, and that affords protection-against State interference proceedings of the Civil Rights Confer­ the amants believe themselves qualified un­ with the equality of opportunity to vote in der State law to be electors, but have been ence at the University of Notre Dame denied the right to register because of race, any election. The 15th a.mentlment pro­ Sunday, February 14, 1960: hibits any action by the United States or a on color, religion, or national origin, the Pres­ State, in any election, which interferes with For one example,. the. members of the ident shall refer such amdavits to the Com­ the right to vote because of race or color or Macon County, Ala., Board of Registrars re­ mission on Civil Rights, if extended. previous condition of servitude. The 17th signed after this Commission's Alabama A. The Commission shall: amendment provides that a person possess­ hearing. At the hearing, 25 ;Macon County 1. Investigate the validity of the allega­ ing State qualifications has a right to vote Negroes had testified that the board had tions. which is derived nbt merely from the Con­ unlawfully refused to register them. In­ 2. Dismiss such amdavits as prove, on in­ stitution or the laws of the State from which vited to answer these :charges, the Macon vestigation, to be unfounded. the Senator is chosen, but has its foundation County registrars had refused to testify. 3. Certify any and all well-founded am­ in the Constitution of the United States. But an injunction suit against the board davits to the President and to such tem­ to compel registration of 17 of the hearing porary registrar as he may designate. • • • • witnesses and other apparently qualified Ne­ B. The President upon such certification Without attempting to evaluate specific groes, brought by the U.S. Attorney General shall designate an existing Federal omcer o'r changes other · than those reflected in the under the new provisions of the Civil Rights' employee in the area from which com­ body of our report on voting, it has become Act of 1957, was dismissed for lack of any­ plaints are received, to act as a temporary apparent that legislation presently on the one to sue. Subsequently, new appointees registrar. books is inadequate to assure that all our to the Macon County board were named in C. Such registrar-designate shall admin­ qualified citizens shall enjoy the right to July 1959. They refused to serve. · Their ister the State qualification laws and issue vote. There exists here a striking gap be­ reason, according to a United Press Interna­ to all individuals found qualified, registra­ tween our principles and our everyday prac­ tional report, was "the pressure for Negro tion certificates which shall entitle them tices. This is a moral gap. It spills over registration" and "fear of being 'hounded' to vote for any candidate for the Federal into and vitiates other areas of our society. by the U.S. Civil a,ights Commission." omces of President, Vice President. presi­ It runs counter to our traditional concepts The two other suits brought by the Attor­ dential elector, Members of the Senate or of fair play. It is a partial repudiation of ney General under the same act had not at Members of the House of Representatives, our faith in the democratic system. It un­ this writing resulted in a. single registra­ Delegates or Commissioners for the terri­ dermines the moral suasion of our national tion. The suit in Georgia had been dis­ tories or possessions, in any general, special, stand in international affairs. It reduces the missed and was on appeal; the one in Lou­ or primary election held solely or in part for productivity of our Nation. In the belief isiana was pending. the purpose of selecting or electing any such that new legislation is needed, we submit In short, no one had yet been registered candidate. for consideration of the President and the through the civil remedies of the 1957 act. D. The registrar-designate shall certify to Congress the following recommendations Class suits on behalf of a number of Ne­ the responsible State registration omcials the which we believe will help Americans to groes to obtain registration have rarely bee:p. names and fact of registration of all persons make good our declarations of national pur­ successful. The courts have inclined to the registered to him. Such certification shall pose (pp. 89-90). view that these suits are an individual na­ permit all such registrants to participate in RECOMMENDATION NO. 2 ture, with the result that a vast number of Federal elections previously enumerated. The Commission recommends that the suits may be necessary. E. Jurisdiction shall be retained until such Congress require that all State .and terri­ The delays inherent in litigation, and the time as the President determines that the torial registration and voting records shall real possibility that in the end litigation presence of the appointed registrar is no be public records and must be preserved for will prove fruitless because the registrars longer necessary. a period of 5 years, during which time they have resigned, make necessary further reme­ DISSENT BY COMMISSIONER BATTLE shall be subject to public ~spection, pro­ dial action by Congress if many qualified vided that all care be taken to preserve the citizens are not to he denied their consti­ I concur in the proposition that all prop­ secrecy of the ballot (p. 92). tutional right to vote in the 1960 elections. erly qualified American citizens should have the right to vote but I believe the present PLAN FOR TEMPORARY FEDERAL REGISTRARS FINDINGS laws are sumcient to protect that right and I ·The Commission has investigated sworn The Commission finds that substantial disagree with the proposal for the appoint­ complaints of denials of the right to vote numbers of citizens qualified to vote under ment of a Federal registrar which would by reason of color or race in seven States. State registration and election laws are be­ place in the hands of the Federal Govern­ In two States where it determined to hold ing denied the right to register, and thus ment a vital part of the election process so formal hearings, Alabama and Louisiana, its the right to vote, by reason of their race or jealously guarded and carefully reserved to efforts to secure all relevant facts were met color. It finds that the existing remedies the States by the Founding Fathers {p. With open resistance by State omcials. Nev­ under the Civil Rights Act of 1957 are in­ 94-96). ertheless,· on the basis of the testimony of sumcient to secure and protect the right to witnesses and the examination of the regis­ vote of such citizens. It further finds that PROPOSAL FOR A CONSTITUTIONAL AMENDMEN'.J: tration records that were made available in some direct procedure for temporary Federal TO ESTABLISH UNIVERSAL SUFFRAGE Alabama, and through field investigation in registration for Federal elections is required By Chairman Hannah and Commissioners other States, the Commission found that a if these citizens are not to be denied their Hesburgh and Johnson: "The Commission's substantial number of Negroes are being right to register and vote in the forthcoming recommendation for temporary Federal reg­ denied their right to vote. The infringe­ national elections. Some method must be istration should, if enacted by Congress, se­ ment of this right is usually accomplished found by which a Federal omcer is em­ cure the right to vote in the forthcoming through discriminatory application and ad-· powered t.o register voters for Federal elec­ national elections for many qualified citiz.ens ministration of State registration laws. tions who are qualified under State regis­ who would otherwise, because of their race But discriminatory registration is not the tration laws but are otherwise unable to or color, be denied this most fundamental of only problem. The Commission also found register. American civil rights. But the proposed instances in which there was no registra­ Such a temporary Federal registrar should measure is clearly a. stopgap. tion board in existence, or none capable of serve only until local officials are prepared to "In its investigations, bearings and studies functioning lawfully. In all such cases, the register voters without discrimination. The the Commission has seen that complex voter majority of the electorate already registered temporary Federal registrar should be an qualification laws, including tests of literacy, were white persons. individual located in the area involved, such education and 'interpretation: have been as the postmaster, U.S. attorney, or clerk of used and may readily be used arbitrarily to the Federal district court. The factfinding deny the right to vote to citizens of the responsibilities to determine whether rea­ United States. sonable grounds exist to pelieve that the Notre Dame Civil Rights Conference­ "Most denials of the right to vote are in ~right to vote is being denied could be dis- fact accomplished through the discrimina­ Part 26 charged by the Commission on Civil Rights, tory application and administration of such 1f extended. Because of the importance of State laws. The difficulty of proving dis­ the matter, such a. temporary Federal regis­ EXTENSION OF crimination in any particular case is con­ REMARKS trar should be appointed directly by the · siderable. It appears to be impossible to OJ' ~resident of the United. States. enforce an impartial administration of the HON. ROBERT W. KASTEN.MEIER RECOMMENDATION NO. S literacy tests now in force in some States, for . Therefore, the _Commission recommends where there is a will to discriminate, these OF WISCONSIN that, upon receipt .bY the President of the tests provide the way. · IN THE HOUSE OF REPRESENTATIVES United States of sworn a.flldavits by nine or "Therefore, as the best ultimate solution of Tuesday, March- BJ 1960 . more individuals from any district, county, the problem of securing and protecting the parish, or · other polltical subdivision of a right to vote. ,we propose a constitutional Mr. KASTENMEIER. Mr. Speaker. State, alleging that the·ama.nts have unsuc­ amendment to establish a free and universal under unanimous consent, I include in cessfully attempted to register with the duly franchise throughout the United States. CVI--315 5008 CONGRESSIONAL RECORD- HOUSE March 8 "An important aim of this amendment right to register or otherwise qualify to vote, equal protection of the laws in the field of would be to remove the occasion for further and to have one's vote counted. public education upon two fundamental direct Federal intervention in the States• "'SEc. 2. The Congress shall have power premises: administration and conduct of elections, by to enforce this article by appropriate legis­ (1) The American system of public edu­ prohibiting complex voting requirements lation.'" cation must be preserved without impair­ and providing clear, simple, and easily en­ SEPARATE STATEMENTS REGARDING PROPOS~D ment because an educated citizenry is the forcible standards. XXIII AMENDMENT mainstay of the Republic and full educa­ "The proposed constitutional amend­ tional opportunity for each and every citizen 1. By Vice Chairman Storey and Commis­ is America's major defense against the world ment would give the right to vote to every sioner Carlton: "We strongly believe in the citizen who meets his State's age and resi­ right of every qualified citizen of the United threat to freedom. dence requirements and who is not legally States, irrespective of his color, race, religion, (2) The constitutional right to be f'ree confined at the time of registration or elec­ or national origin, to register, vote, and have from compulsory segregation in public edu­ tion. his vote counted. We regard full protection cation can be and must be realized, for this "Age and residence are objective and sim­ of these rights of suffrage by both State and is a government of law, and the Constitu-. ple standards. With only such readily as­ Federal Governments necessary anq proper. tion as interpreted by the Supreme Court is certainable standards to be met, the pres­ Therefore, we have supported and voted for the supreme law of the land. ent civil remedies of the Civil Rights Act all recommendations of the Commission (ex­ The problem, therefore, is how to comply should prove more effective in any future cept the proposed XXIII amendment) to with the Supreme Court decision while pre-· cases of discriminatory application. A strengthen the laws and improve the ad;­ serving and even improving public educa­ court injunction could require the imme­ ministration of registration and votip.g pro- ­ tion. The ultimate choice of each State is diate registration of any person who meets cedures, How~ver, we cannot join our dis­ between finding reasonable ways of ending these clear-cut State qualifications. tinguished colleagues in the recommenda­ compulsory segregation in its schools or "The proposed amendment is in harmony tion of the proposed constitutional amend­ abandoning its system of free public educa­ with the American tradition and with the ment. These are our several reasons: tion (p. 131). trend in the whole democratic world. As "1. we ' believe that our Commission noted in the beginning of this section of INFORMATION, ADVISORY, AND CONCILIATION recommendations, if enacted into law and SERVICES the Commission's report, the growth of properly enforced, will eliminate most if not_ .American democracy has been marked by a all of the restrictions on registration and Background steady expansion of the franchise; first by voting by reason of race, color, religion, or The Commission's studies, and particu­ the abandonment of property qualifications national origin. larly its conference with schooi officials from and then by conferral of suffrage upon the "A recommendation proposing a constitu­ districts in border States and a few in the two great disfranchised groups, Negroes and tional amendment granting additional power South that have in some measure desegre­ women. Only 19 States now require that to the Federal Government would be in order gated since 1954, demonstrate that when voters demonstrate their literacy. Michi­ only if we had found a lack of power under local school officials are permitted to act re­ gan, New Hampshire, Pennsylvania, Tennes­ existing constitutional provisions. Such is sponsibly in adopting plans that fit local­ see, and Vermont have suffered no appar­ not the' case. conditions the difficulties of desegregation ent harm from absence of_the common pro­ "2. On principle, proposals for constitu­ can be minimized. A variety of plans have visions disqualifying mental incompetents. tional amendments which would alter long­ proved to be successful, ranging from the With minor exceptions, mostly involving standing Federal-State relationships, such as merger of the former Negro and white school election offenses, Colorado, Maine, Massa­ the constitutional provision that matters systems into one integrated system (particu­ chusetts, Michigan, Pennsylvania, Utah, pertaining to the qualifications of electors larly in communities where the Negro popu­ Vermont, and West Virginia have no provi­ shall be left to the several States, should not lation was small and the cost of maintaining sions barring certain ex-convicts from the be proposed in the absence of clear proof separate systems considerable) to the grad­ vote, and of the States which do have such that no other action will correct an existing ual Nashville plan that began in the first provisions, all but eight also provide for evil. No such proof is apparent. grade and is proceeding at the rate of one restoration of the former felon's civil rights. "3. The Constitution of the United States grade a year, with voluntary transfer· per­ In only five States is the payment of a poll of America presently includes sufficient au­ mitted to any child assigned to a school tax still a condition upon the suffrage. thority to th~ Federal Government to enable where his race is in the minority. "The number of Americans disqualified it effectively .to deal with denials of the right In Shuttlesworth v. Birmingham Board ,of under each of these categories is very small to vote by rea.Son of race, color, religion, and Education (358 U.S. 101 (1958)) the U.S. compared with the approximately 90 mil­ national origin. Supreme Court upheld as valid on its face lion now normally qualified to vote. It is "4. The information and findings cited in the Alabama pupil placement law on the as­ also small in relation to the numbers of support of the proposed 23d amend_ment dis­ sumption that the law would be adminis .. qualified nonwhite citizens presently being close that some illiteracy still exists, that tered in a constitutional manner. Eight disfranchised by the discriminatory appli­ authoritative State statistics and studies are southern States have adopted pupil place­ cation of these complex laws. The . march wholly lacking to support such an impor­ ment laws as a means of meeting the test of education has almost eliminated illiter­ tant proposal; and that our staff has not had of nondiscrimination.· This is another pos., acy. In a nation dedicated to the full de­ the opportunity to make a thorough study sible method by which compliance may be velopment of every citizen's human poten­ of such a far-reaching·proposal." achieved. tial, there is no excuse for whatever illit­ 2. By Commissipner John Battle: ' In many instances· desegregation has been eracy that may remain. Ratification of the "I heartily agree with the objections of used by the local community as the occa­ proposed amendment would, we believe, pro­ sion to raise its educational standards. In vide an additional incentive for its total Commissioners Storey and Carlton to the pro­ posed constitutional ~mendment" (p. 97-99). many instances remedial programs have elimination. Meanwhile, abundant infor­ been adopted for the handicapped, and ad­ mation about political candidates and issues vanced programs established for gifted is available to all by way of television and students. Such programs were described to radio. · the Commission at its Nashville conference "We believe that the time has come for Notre Dame Civil Rights Conference­ by the superintendents from Wilmington, the United States to take the last of its Part 27 Del.; Washington, D.C.; and San Angelo, many steps toward free and universal suf­ Tex. St. Louis, Mo., has adopted a similar frage. The ratification of this amendment program. It is important that any transi­ would be a reaffirmation of our faith in the EXTENSION OF REMARKS tion should not result in the lowering of principles upon which this Nation was OF educational standards for either the white founded. It would reassure lovers of free­ or Negro student. If possible, it should re­ do~:- throughout a world in which hundreds HON. CHARLES C. DIGGS, JR. sult in an improvement of educational of millions of people, most of them colored, OF MICHIGAN standards for both; a number of school of­ are becoming free and are hesitating between IN THE HOUSE OF REPRESENTATIVES ficials report that this has already happened alternative paths of national development. in their communities. "For all these reasons we propose the fol­ Tuesday, March 8, 1960 In the transition to a nondiscriminatory lowing 23d amendment to the Constitution of the United States. Mr. DIGGS. Mr. Speaker, under school system, a. carefully developed State or local plan is better than a plan imposed 11 1ARTICLE XXm unanimous consent, I include in the REC­ by a court for the immediate admission of "'SECTION 1. The right of citizens of the ORD the following portion of the proceed­ certain litigants, or a plan imposed by any United States to· vote shall not be denied ings of the Civil Rights Conference at outside agency. The Supreme Court and or abridged by the United States or by any the University of Notre ·Dame on Sun­ the Federal lower courts have made it clear State or by any person for any cause except day. February 14, 1960: that they will consider sympathetically any 1nab111ty to meet State age or length-of­ reasonable plan proposed in good faith. This residence requirements uniformly applied PUBLIC EDUCATION seems to be an a,J'ea in which the principle to all persons within the State, or legal con­ The problems (unanimous) of States rights can most effectively express finement at the time of registration or elec­ The Commission based its study of legal itself through local option in meeting this tion. This right to vote shall include the developments constituting a denial of the problem. If State governments do not per- I , 1960 . CONGRESSIONAL RECORD- HOUSE 5009 mit local school officials to develop such Federal Government to aid and support ed-.. and not institutions of higher education, plans for good faith compliance, the ef­ ucatlonal programs and activitie& in institu­ whether public or private" (pp. 135-137). fectiveness of the school system in the tions of higher education which are not open HOUSING State as a whole wlll be impaired. By per­ to all citizens. on an equal and nondiscrimi­ mitting such local option a variety of natory basis. Findings and recommendations methods of transition can be developed that .. While Congress has not required such The Problem (Unanimous) take into account the varying circumstances conditions for these grants, the operations of It is the public policy of the United States, in different areas of the State. the Federal Government are subject to the declared by the Congress and the President constitutional principle of equal protection FINDINGS and in accord witli the declared purposes of or equal treatment. the Constitution, that every American fam­ 1. The ease of adjustment of a school "The Supreme Court has held racial dis­ ily shall have equal opporttinity to secure a system to desegregation is influenced by crimination in public education to be a decent home in a good neighborhood. many factors including the relative size and dental of equal protection. In regard to Since the home 1s the heart of a good society location of the white and Negro population, public institutions of higher education the· it is essential that this aspect of the promise the extent to which the Negro children are courts have required the immediate admis­ of equal protection of the laws be fulfilled culturally handicapped, segregation prac­ sion of qualified students without discrimi­ forthwith. tices in other areas of community life, the nation. The reasons for the gradual elimi­ presence or absence of democratic participa­ From the Commission's study of housing nation of racial discrimination in elemen­ two basic facts were found to constitute the tion in the planning of the program used or tary and secondary schools do not obtain preparation of the community for its ac­ central problem. in the field of higher education. There, im­ First, a considerable number of Americans, ceptance, and the character of the leadership mediate equality of opportunity for quali­ in the community and State. by reason of their color or race, are being fied students of all races is possible and denied equal opportunity in housing. A 2. Many factors must be considered and necessary. weighed in determining what constitutes a large proportion of colored Americans are "Although the equal protection clause of living in overcrowded slums or blighted prompt and reasonable start toward full the 14th amendment applies only to State compliance and the means by which and areas in restricted sections of our cities, with action, 'it would be unthinkable,' the Su­ little or no access to new housing or to sub­ the rate at which desegregation should be preme Court has held, 'that the same Con­ accomplished. urban areas. Most of these Americans, l'e• stitution would impose a lesser duty on the gardless of their educational, econoinlc, or 3. Desegregation by court order has been Federal Government.' · notably more difilcult than desegregation by pro{esstonal accomplishments, have no al­ "We believe that it Is inconsistent with ternative but to live in used dwellings origi­ voluntary action wherein the method and the Constitution and public policy of the timing bave been locally determined. nally occupied by white Americans who have United States for the Federal Government a free choice of housing, new or old. 4. Many school districts in attempting to to grant financial assistance to institutions evolve a desegregation plan have had noes­ Housing thus seems to be the one commodity of higher education that practice racial dis­ 1n the American market that is not freely tablished and qualified source to which to crimination. turn ·for information and advice. Further­ available on equal terms to everyone who "We recommend that Federal agencies act can afford to pay. It would be an affront more, many of these districts have been con­ in accordance with the fundamental consti­ fused and frustrated by apparent incon­ to human . dignity for any one group of tutional principle of equal protection and Americans to be restricted to wearing only sistencies in decisions of lower Federal equal treatment, and that these agencies be courts. hand-me-down clothing or to eating the authorized and directed to withhold funds leftovers of others' food. Like food and RECOMMENDATIONS NO. 1 (a) AND 1 (b) (UNANl" in any form to institutions of higher learn­ clothing, housing is an essential of life, yet MOUS) ing, both publicly suppor~ed and privately many nonwhite American families have no Therefore, the Commission recommends: supported, wbich refuse, on racial grounds, to choice but secondhand homes. The results 1 (a) That the President propose and the, admit students otherwl:se qualified for ad­ can be seen in high rates- of disease, fire, Congress enact legislation to authorize the mission." juvenile delinquency, crime and social de­ Commission on Civil Rights, 1! extended, to Additional proposal by Commissioner morali:;:~atton among those forced to live in serve as a clearinghouse to collect and make Johnson: "While joining in the above pro­ such conditions. A nation dedicated to re­ available to States and to local communities posal, I recommend th~t the policy set forth spect for the human dignity of every indi­ information concerning programs and pro­ apply to. all educational institutions that vidual should ~ot permit such conditions cedures used by school districts to comply receive Federal funds, including public ele­ to continue. with the Supreme Court mandate either vol­ mentary and secondary schools. My reasons Second, the housing disabilities of colored: untarily or by court order, including data as are set forth in my closing statement at the Americans are part of a . national housing to the known effects of the programs on the end of this report." crisis. involving a general shortage o:! low­ qu.al.ity of education and the cost thereat;..• SEPARATE. STATEMENT ON· CONDITIONAL FEDERAl; · cost housing. Americans ·of ·lower· income.,· 1(b) That the Commission on Civil Righ.ts GRANTS FO& HIGHER EDUCATION both colored .and white, . have few' oppor-. be- authorized to establish an advisory and By Vice Chairman Storey and Commission­ tunities for decen--t homes in good netgh­ conclliation SerVice to assist local school om- . ers Battle and Carlton: "We oppose the rec­ borhoods. Since moat suburban housing is cials in developing plans designed to meet ommendation that Federal agencies be au­ beyond their means, they remain crowded. constitutional requirements and local condt- · thor:tzed to Withhold all public. funds from in the central city, creating new slums.· tions; and to mediate and conciliate, upon institutions of higher learning (public and Since colored people comprise a rising pro­ request, disputes a.s to proposed plans and priyate) which refuse, on racial grounds, to portion _of the city dwellers with lowest in­ their. implementation (pp. 131-133). admit students otherwise qualified fOJ: act­ come, these slums ar.e becoming increasingly PROPOSAL TO REQUmE EQUAL OPPORTUNITY AS mission for the following reasons: colored. The population of mett-opolitan A CONDITION OF FEDERAL GRANTS TO HIGHER · "1. The Commission has agreed that the areas, already comprising over 60 percent of . EDUCAXION, preservation and improvement of education' the American·people, is growf..ng rapidly not By Chairman Hannah and Commissioners. is a matter of great national interest, and is merely by births but by· migration. These Hesburgh and Johnson: "More than $2 bil­ a fundamental principle within which the migrants, many of them colored, most of lion a year of Federal funds go for educa­ problems of equal protection must be evalu­ them unadapted to urban life, form the tional purposes and to educational institu­ ated. Therefore, we cannot conscientiously cutting edge of the housing crisis. tions. The principal recipients of these endorse a program which might well under­ funds are the Nation's colleges, universities, mine that principle. and other institutions of higher education. "2. Present problems of equal protection Whether tax-supported or privately financed, · pertaining to education fall Within the sweep they receive Federal· grants and loans both· of the 14th amendment, an area long since· Notre Dame Civil Rights Co11ference­ for their general support and capital im­ preempted by the courts. We cannot endorse Part 28 provements as well as for research projects, a program of economic coercion as either a special programs, and institutes.. substitute for or a supplement to the direct "Discriminatory admission policies and enforcement of the law through the orderly EXTENSION OF REMARl{S other practices are known to exist in anum­ processes of· justice, a& administered by the OF ber of such institutions. None of the Fed.. courts. eral agencies administering these educa­ "3. Such a proposal by this Commission­ HON. E. ROSS ADAIR tional assistance programs require proof or as an agency of the Federal Government­ OF INDIANA an attestation of nondiscrimination by the would drastically affect the administration of institutions as a condition for the receipt of privately owned institutions of higher edu­ IN THE HOUSE OF REPRESENTATIVES Federal funds. cation. Such action goes beyond the scope Tuesday, March 8, 1960 "With its duty to •appraise the laws and of the Commission's duties. policies of the Federal Government with re­ "4. Our staff studies were directed toward Mr. ADAIR. Mr. Speaker, under spect to equal protection of the. laws under understanding and evaluation of equal pro­ unanimous consent, I include in the the Constitution,' the Commission was com­ tection problems in public and secondary RECORD the following portion of the pro­ pelled to ask whether it ls consistent for th& schools, not private schools upon any level, ceedings of the Civil Rights Conference 5010 CONGRESSIONAL RECORD -HOUSE March 8 at the University of Notre Dame on Sun­ in effect an act of Congress adopted in 1866 to these laws who desire the benefits of Fed­ and reenacted in 1870 that recognizes the eral mortgage ins-qrance and loan guarantee day, February 14, 1960: equal right of all citizens, regardless of programs agree in writing that they will CITY AND STATE LAWS, POLICIES, AND PROGRAMS color, to purchase, rent, sell, or use real abide by such laws. FHA and VA should In New York City, as in Pittsburgh and property./ establish their own factfinding machinery to in four States-Colorado, Connecticut, While the fundamental legal principle is deterinlne whether such builders are violat­ Massachusetts, and Oregon-there are far- clear, Federal housing pollcies need to be ing State and city laws, and, if it is found . reaching laws against discrimination in the better directed toward fulfi111ng the con­ that they are, immediate steps should be sale or rental of multiunit private housing, stitutional and congressional objective of taken to withdraw ·Federal benefits from and all publicly assisted housing. In New equal opportunity. Norman Mason, the Ad ... them, pending final action by the appro­ York State, as in 10 other States, there are ministrator of the Housing and Home Fi­ priate State agency or court. laws against discrimination in publicly­ nance Agency, who is responsible for coor-· Public housing assisted or urban renewal housing. omcials dinating the various housing programs of and community leaders in New York testi­ the constituents of HHFA, testified before The location of sites for public housing fied ·that these laws are having a valuable this Commission that he intends to develop projects and the kind of housing provided educational effect and that the~r enfor((e­ policies that wm further promote the princi­ play 1!-n important part in determining ment, principally tnrough mediation by the ple of equal opportunity in all these housing whether public housing becomes almost en-:­ city Commission on Intergroup Relations programs. The Commission finds that there tirely nonwhite housing, whether it accentu­ and the State Commission Against Dis­ is much that the Administrator of the HHFA ates or decreases the present patterns of crimination, is helping to promote equal can do, through careful and determined ad­ racial concentration, and whether it con­ opportunity in housing. ministration, to assure that the principle of tributes to a rise in housing standards gen­ In Atlanta, the work of the Mayor's West equal opportunity in Federal housing pro­ erally, A policy of "scatteration" of smaller Side Mutual Development Committee, rep­ grams is applied not only in the top pollcies projects throughout the whole metropolitan resenting equally the Negro and white peo­ but at the operating levels in each constitu­ area may remedy some of the present defects ple in the area of the city undergoing the ent agency. of public housing. greatest racial transition, has served to re­ Because of the paramount national im­ Public housing projects can serve as place blockbusting and reduce racial ~ension portance of this problem the Commission schools for better housing and homekeep­ and violence by means of expanding Negro finds that direct action by the President in ing. A large number of the tenants are re­ residential areas through negotiation and the form of an Executive order on equality cent migrants from rural areas, unprepared consent. This has enabled Negroes in At­ of opportunity in housing is needed . . The for urban life. Placing them in decent hous­ lanta, unllke those in most American cities, order should apply to all federally assisted ing units and requiring that decent stand­ to gain access to good outlying land and to housing, including housing constructed with ards be maintained will help them make a build new suburban neighborhoods. . the assistance of Federal mortgage insurance successful adjustment to city life. Locating In Chicago, which has neither New York's or loan guarantees as well as federally aided these projects in better neighborhoods and laws against discrimination nor Atlanta's public housing and urban renewal projects. making them less institutional in appearance policy of negotiating agreements for Negro There have been such Executive orders will add to this educational process. expansion, the Commission found that the calling for the application of the principles As a result of the large number of non­ Negroes' primary method of securing better of equal opportunity and equal treatment whites in need of low-cost housing and the housing was through the mutually unsatis­ in the fields of Government contracts and tendency of whites to avoid living in the factory system of blockbusting, with the Government employment, and. in the armed midst of nonwhite majority, many projects consequent. uprooting of , adjacen~ -white services. Instead of establishing a new Presi­ 1are aU or predoinlnantly nonwhite. This neighborhoods and with inevitable racial dential committee, as was done in these may result in a proportion of nonwhite oc­ tension and occasional violence. other Executive orders, the President could cupancy higher than that actually required On the basis of its hearings in these three request the Commission on Civn Rights, if under the Public Housing Administration's cities the ·commission finds that, whatever its life is extended, to conduct the neces­ "racial equity" formula based on the esti­ the particular approach· adopted, some om-, sary continuing studies and investi-gations mated needs of the two racial groups. In • I • cial city and State program and agency con­ and make further recommendations.· • one city the Commission found that the cerned with promoting equal opportunity to Recommendations Nos. 2 and 3 location of public housing sites within areas decent housing is needed. Such programs (unanimous) of Negro concentration resulted in de facto and agencies can bring about better public Therefore, the Commission recommends discrimination against low-income white understanding of the problems and better citizens. communication between citizens. Whether 2. That the President issue an Executive or not cities or States are prepared to adopt order stating the constitutional objective of .Recommendation No. 5 (unanimous) antidiscrimination laws, and even in areas equal opportunity in housing, directing all Therefore, the Commission recommends: where racial separation is the prevaillng Federal agencies to shape. their pollcies and that the Public Housing Administration take public policy, it is possible that through practices to make the maximum contribu­ amrmative action to encourage the selection interracial ·negotiation practical agreements tion to the achievement of this goal, and of sites on open land in gOOd areas outside for progress in housing can be reached. requesting the Commission on Civil Rights, the present centers of racial concentration. Where public opinion makes ·possible the if extended, to continue to study and ap­ PHA should put the local housing authori­ adoption of laws against discrimination in praise plans to bring about the end of dis­ ties on notice that their proposals . will be housing, this might contribute significantly crimination in all federally assisted housing, evaluated in this light. PHA should further to the work of the agency promoting equal and to make appropriate recommendations. encourage the construction of smaller proj­ opportunity in housing. Then the agency 3. That the Administrator of the Housing ects that fit better into residential neighbor­ would have legal support in its efforts at and Home Finance Agency give high priority hoods, rather than large developments of tall mediation and _conciliation. to the problem of gearing the policies and "high rise" apartments that set a special the operations of his constituent housing .Recommendation No.1 (unanimous) group apart in a community of its own (pp. agencies to the attainment of equal oppor­ 18Q-185). The Commission recommends that an ap­ tunity in housing. propriate biracial committee or commission THE PROBLEM AS A WHOLE FHA AND VA on housing be establlshed in every city and Through its studies of three particular State with a substantial nonwhite popula­ The present policy of the Federal Housing aspects of civil rights-voting, education, and tion. Such agencies should be empowered to Administration and the Veterans' Adminis­ housing-the Commission has come to see study racial problems in housing, receive and tration is not to do further business with the organic nature of the problem as a whole. investigate complaints alleging discrimina­ a builder who has been found in violation The problem is one of securing the full rights tion, attempt to solve problems through of a State or city law prohibiting discrim­ of citizenship to those Americans who are mediation and conciliation, and consider ination. However, waiting upon the appro­ being denied in any degree the vital recogni­ whether these agencies should be strength­ priate State or city agency to make a finding tion of human dignity, the equal protection ened by the enactment of legislation for of violation of State or city law may result of the laws. in Federal assistance to a builder who is equal opportunity in areas of housing To a large extent this is now a racial prob­ deemed advisable. openly or manifestly evading such law. By the time any State or city action against lem. In the past there was widespread denial OVERALL FEDERAL LAWS, POLICIES, AND of equal opportunity and equal justice by PROGRAMS such a builder has been completed the proJ­ ects may well have been built and sold or reason of religion or national origin. Some The Federal Government now plays a ma­ rented on a discriminatory basis. discriinlnation against Jews remains, partic­ jor role in housing. Its participation in ularly in housing, and some recent immi­ slum clearance, urban redevelopment, publlc Recommendation No. 4 (unanimous) grants undoubtedly still have to overcome housing and mortgage loan insurance Therefore, the Commission recommends prejudice. But with a single exception the amounts to billions of dollars. The Con­ that, in support of State and city laws the only denials of the right to vote that have stitution prohibits any governmental dis­ Federal Housing Administration and the come to the attention of the Commission are crimination by reason of race, color, religion, Veterans' Administration should strengthen by reason of race or color. This is also clearly or national origin. The operation of Fed­ their present agreements with States and the issue in public education. In housing, eral housing agencies and programs is sub­ cities having laws against discrimination in too, it is primarily-nonwhites who lack oppor­ ject to this principle. In addition, there is housing by requiring that builders subject tunity. Therefore, the Commission has con- 1960 CONGRESSIONAL RECORD- HOUSE 5011 centrated its studies on the status of the 18 eration. The right to vote will more easily At the heart of it is man's increasing million Negro American citizens, who con­ be secured throughout the whole South if knowledge of the true nature of nature, stitute this country's largest racial minority. there are great issues on which people want and the application of that knowledge to If a way can be found to secure and protect to vote. · practical, productive enterprises. From the the civil rights of this minority group, if a What is involved is the ancient warning quiet research laboratory, from the experi­ way can be opened for them to finish moving against the division of society into Two mentation of the scientist, come the ideas up from slavery to the full human dignity Cities. The Constitution of the United and discoveries that emerge as new materials, of first-class citizenship, then America will be States, which was ordained to establish one new machines, new methods. well on its way toward fulfilling the great society with equal justice under law, stands Our investment in basic research has grown promises of the Constitution. against such a division. America, which al­ from $2.5 b1llion a year in 1950 to over $10 In part this is the old problem of the vi­ ready has come closer to equality of oppor­ billion today. Some of its fruits are dra­ cious circle. Slavery, discrimination and sec­ tunity than probably any other country, matic-they reach into space and into the ond-class citizenship have demoralized a con­ must succeed where other have failed. It depths of the oceans, communication by siderable portion of those suffering these in­ can do this not only by resolving to end satellite, chemical products emerging at the justices, and the consequent demoralization discrimination but also by creating through rate of · one new one a day that wash our is then seen by others as a reason for con­ works of faith in freedom a clear and pres­ dishes, grow our vegetables, kill our germs, tinuing the very conditions that caused the ent vision of the City of Man, the one city electronic systems that remember and solve demoralization. free and equal man envisioned by the Con­ problems for us, and so on. The fundamental interrelationships among stitution (pp. 191-194). Ironically, there is danger in change. the subjects of voting, education, and hous­ The more rapid and fundamental the ing make it impossible for the problem to be change, the greater the danger to those men solved by the improvement of any one factor and women who must control and utilize alone. If the right to vote is secured, but The Challenge of Safety in a it. Industrial change has always increased there is not equal opportunity in education occupational injuries, and while the "indus­ and housing, the value of that right will be Changing World try of discovery" may relieve the labor force discounted by apathy and ignorance. If of many hazardous manua~ and physical compulsory dis<:rimination is ended in public EXTENSION OF REMARKS jobs, it does not remove the danger element education, but children continue to be from work; it merely moves it to a different brought up in slums and restricted areas of OF plane where it assumes different forms. racial concentration, the conditions for good HON. PETER FRELINGHUYSEN, JR. For those of us here this morning, I think education and good citizenship will still not the lesson is plain: We must better antici­ obtain. If decent housing is made available OF NEW JERSEY pate where the danger will be. to nonwhites on equal terms but their educa­ IN THE HOUSE OF REPRESENTATIVES The safety engineer of today and tomor­ tion and habits of citizenship are not raised, Tuesday, March 8, 1960 row must be able to judge every new scien­ new neighborhoods will degenerate into tific advance destined for practical use in slums. Mr. FRELINGHUYSEN. Mr. Speaker, the light of its potential danger to human In this complex picture there are, of Labor Secretary Mitchell's address at life and limb. That means he must ac­ course, other major factors that the Com­ quaint himself with the work of the research mission has not studied directly, particularly the President's Conference on Occupa­ tional Safety is of real interest. Under labs and be familiar with the concepts and questions of discrimination in employment, practices it involves. in the administration of justice, and in leave to extend my remarks in the REc­ We can no longer wait until an accident public accommodations. ORD, I include the address, as follows: Equal opportunity and equal justice occurs to discover that a new macnine. ~a under law must be achieved in all sections THE CHALLENGE OF SAFETY IN A CHANGING new practice, a new element may contain a WORLD danger element. of American public life with all deliberate speed. It is not a court of law alone that (Address by Secretary of Labor James P. Nor can we comfort ourselves that ex­ tells us this, but also the needs of the Na­ Mitchell before the President's Conference posure to new hazards may be small. If tion in the light of the clear and present on ·occupational Safety, Washington, D.C., there are only seven astronauts preparing dangers and opportunities facing us, and in March 1, 1960) for their incredible adventure in space, there the .light of our restive national conscience. Ladies and gentlemen of the President's are hundreds of thousands of engineers, Time is essential in resolving any great and Conference on Occupatioi?-al S~fety, I would technicians, and skilled craftsmen designing, ditncult problem, and more time will be re­ like to welcome each of you to the Presi­ making, testing, and using the equipment, quired to solve this one. However, it is .not dent's Conference and thank you for giving fuels, construction facilities, and test sites time alone that helps, but the constructive so generously of your time, your talent and that contribute to such an adventure--and use of time. your resources for improving the safety of this kind of activity will increase in great The whole problem will not· be solved American working people. me11-sure. without high vision, serious purpose, and The figures that are before you-an 8 We cannot shift work injuries from one imaginative leadership. Prohibiting dis­ percent rise in the number of disabling work place to another and pride ourselves that crimination in voting, education, hou "·...., ~. or injuries, a 4 percent rise in the number of they have been eliminated from the first other parts of our public life will not ~ .llce. work deaths-are indeed sobering. place. The demoralization of a part of the non· They result, in part, from the evolutionary I would like to pose a series of questions white population resulting from generations changes taking place in American industries regarding the changing nature of work: of discrimination can ultimately be over­ and occupations, changes that involve the Have you taken a hard, objective look at come only by positive measures. The law is assimilation of untrained workers, and the the hazard element in new equipment you not merely a command, and government is shifting of trained workers, in an atmosphere have introduced or plan to introduce? not just a policeman. Law must be in­ of experimentation, exploration and competi­ Are the present safety standards keeping ventive, creative, and educational. tion. pace with the changes made possible by the To eliminate discrimination and demoral· This Conference, occurring as it does 'at researchers? the beginning of a decade in which the world ization, some dramatic and creative inter­ Are your operations as safe and safer than vention by the leaders of our national life will see more change than ever before, can be a milestone. Our industrial system, if they were 10 years ago, or have you only is necessary. In the American system much shifted the danger zone to a di1ferent level? of the action needed should come from the job done here by you is done well, may private enterprise and voluntary citizens' look back to this Conference as the decisive Finally, and perhaps most importantly, groups and from local and State govern­ event in shaping change to suit the safety of have you compared the training of your new ments. If they fail in their responsibilities the individual. workers with the experience of your older the burden falls unduly on the Federal The theme, "The Challenge of Safety in a ones, and made sure that training gives the Government. Changing World," could not be mo.re well same protection that experience teaches? This Commission would add only one chosen. This last question poses, in part, the sec­ further suggestion. . The fundamental cause You will hear, before this Conference ends, ond challenge of this conference--the of prejudice is hidden in the minds and from a number of distinguished experts wh!J changing nature of the work force. hearts of men. That prejudice wlll not be will discuss with you the facts and the im­ Recent studies, released by the Depart­ cured by concentrating constantly on the plications of the three challenges set before ment of Labor only a few weeks ago, leave discrimination. It may be cured, or reduced, you. no room for doubt about the manpower or at least forgotten if sights can be raised to I would like· to take these few minutes challenge that confronts this Nation. new. and challenging targets. Thus a cur­ this morning to survey these c4a11enges in a For this Conference, one aspect of that riculum designed to educate young Ameri­ broad context. challenge is especially compelling. In the cans for this unfolding 20th-century world, The first, the changing natur~ of work, decade ahead there will be a surging increase with better teachers and better schools, will brings us directly to what has been called. in the number of young and inexperienced go a long way to facilitate the transition in "the industry of discovery," so radically dif­ workers, just as we experience a shortage of public education. Equal opportunity in ferent in methOd and technique than the men in their working prime, the group be­ housing will come easier as part of a giea.t production processes of a few years ago that tween 35 and 44 years of age, to which we program of urban reconstruction and regen- it constitutes a kind of revolution. ordinarily look for the highest experienced '5012 CONGRESSIONAL RECORD- HOUSE March 8 skill, supervision, and leadership. The pro- as io the stability and awareness of the and culture subjugated and area con­ . portion of older workers and working women . worker himself. trolled in a police state condition, and, will also rise sharply. Man goads h1m~elf. He makes changes Measured against this trend in. the labor and then :flnds he must adapt to them in - in addition, their religious. life op­ . force toward a volume of younger workers is ord~r to survive. Progress and danger often pressed-as. is the usual pattern-wher­ the occupational trend· toward job growtJl, go together-progress more profound and ever Communists seize· control, all faiths in occupations requiring the highest sk1lls danger more subtle as science develops. share equally in being persecuted-the and the greatest amount of education and I am sure that Dr. Carmichael of the Greek Orthodox, Roman Catholic, Jew­ training. Smi~onian Institution wm have some il­ ish, and various Protestant denomina­ The evolutionary changes explicit in the luminating remarks on this speci:flc tions suffer the same persecution of first challenge to this Conference illuminate challenge. their churches. the nature of the second challenge: These three challenges, skillfully chosen New discoveries will increase the demand by the planners of the Conference, should Mr. Speaker, certainly it is appro­ for scientists to teach and research in fields elicit positive and creative responses. From priate for me at this time to point out . like electronics, nuclear energy, medical re­ what I know of the imagination and ability that these noble people are a constant search, and space exploration. Mathema­ . of the people gathered here, I am certain reminder to us of the inherent' evil in ticians, physicists, biologists, and chemists they will. communism, and should serve as a stern will be in demand. So will technicians, pro­ we· can read the new figures, the sobering warning to those few· misguided Ameri­ gramers for computers, medical personnel, figures of increasing accidents and deaths, cans who might be tempted to swallow skilled building craftsmen, skilled mainte­ and see that the changing nature of work phony Communist propaganda. nance men, teachers, tool and die makers, and the work force is already resulting in and clerical personnel adept at handling higher rates. automatic instruments. This belief is supported by the analysis The dilemma, then, 1s how to meet the of the injury statistics made by the Bureau increasing demands-indicated by the sketch of Labor Statistics, which relates the up­ Maj. Gen. John S. Mills, USAF of demand occupations I just gave--for swing in part, and I quote, to "increasing highly skilled personnel from a growing employment, with untrained workers enter­ EXTENSION OF REMARKS supply of less experienced workers. ing employment and the shifting of regular Certainly we must improve educational workers to changed procedures and activi­ OF facilities and opportunities. We must in­ ties." HON. JOHN E. FOGARTY crease individual competence across the The challenge of change before us this board. We must make a wise and just use morning has already been faced in the Na­ OF RHODE ISLAND of our manpower without regard to race, tion's work places-and the :flrst reports of IN THE HOUSE OF REPRESENTATIVES sex, age, or physical handicap. that confrontation are not encouraging. Tuesday, March 8, 1960 And we must make certain that the waste This should certainly add urgenc::y to the of accident and work death is eliminated. work of this Conference, and ma,ke all of us Mr. FOGARTY. Mr. Speaker, on The only formal safety instruction that fully ji.Ware that what we see as titles on a January 29, 1960, Gen. Samuel E. Ander­ millions of our new young workers wm re­ program are, in fact, the very real situations son, USAF, commander of the Air Ma­ ceive before they go on the job 1s that given of men and women today. teriel Command, presented. Maj. Gen. to them as a part of their education. The President has called upon us to "de­ Safety should be a conscious effort in edu- John S. Mills, USAF, with the second vise a program of voluntary action to bring a ward of the Distinguished Service cation from the earliest years. . about a better safety record in all places This evening you wlll hear a report of where Americans are at work." Medal on the occasion of General Mills' progress made in this area under the leader­ I am con:fldent that such a program will retirement after 32 years of active duty. ship of the U.S. Commissioner of Educa­ emerge from your meetings and discus­ I have come to know of-his outstand­ tion-one that we can all applaud. sions, and that the "Challenge of Safety in ing work in the development of special For our society in general, the changing requirements for nuclear air weapons, nature of our work force calls for greatly a Changing World" will be remembered as increased attention to the teaching of the theme that awakened our Nation to the .through my service on the Appropria­ safety. The investment by the worker, by problem, so that we might fully fulfill the -tions Committee. It is indeed a grevious his employer, and by the Nation in the ac­ promise of life in a world of new adventure loss to the Air Force, the Department of quisition of competence and skill ,.by an and new hope. Defense, and to the Nation that General individual 1s far too great to afford to lose Mills elected to retire at 54 from active it by a preventable work injury. military duty. His knowledgeability, his And because of the configuration of the compassion for individuals, but most im­ labor force in the next decade, the heaviest Forty-second Anniversary of Byelorussian portantly, his integrity, will long be re­ burden will fall to the educational system to prevent that loss and guarantee the full Declaration of Independence membered in the annals of American de­ use of a talent for its full period of service. fense. The following is a short account Our educators should be aware that safety EXTENSION OF REMARKS of General Mills' biography and achieve­ in terms of "working safely on the job" is OF ments. a concept becoming obsolete rapidly. When Maj. Gen. John S. Mills, recipient of split-second decisions are required to protect HON. EDWARD J. DERWINSKI two Distinguished Service Medals, was life and limb, when hazards become so OJ' ILLINOIS born in Appleton, Wis., July 17, 1906. He subtle they can be detected only by special was graduated from the Appleton High IN THE HOUSE OF REPRE~ENTATIVES sk111 and instruments, then safety becomes School and after- attending Lawrence a part of general instruction. Tuesday, March 8, 1960 One of the things this Conference might College for 1 year, entered the U.S. Mili­ explore is how to integrate safety education Mr. DERWINSKI. Mr. Speaker, we tary Academy in July of 1924. He was at every level of schooling. make mention today of the 42d anni­ commissioned a second lieutenant, Field The third challenge posed for us by the versary of the declaration of independ­ Artillery, June 9, 1928. planners of this Conference is the unchang­ ence of the Byelorussian Democratic In the fall of the same year, General ing nature of man. Republic, which since then shares the Mills entered primary flying school at I belleve that this is a simple challenge fate of other nations by being subjected Brooks Field, Tex., completed this course, for us to understand better the psychological to Communist tyranny. and was transferred to the advanced fly­ factors that can sometimes be hazardous to a man working at a job. This date, however, demands special ing school at Kelly Field, Tex., where he Mr. Ben Fairless, in an address to the significance since the Byelorussian peo­ was rated pilot in October 1929. The National s ·afety Council, recently indicated ple at present are incorporated within following month he was transferred to the kind of problem we face in this area. .the official boundaries of the Soviet Em­ the Air Corps with duty assignment at In an industry in which machine operators pire, and are often overlooked because Rockwell Field-now the North Island may increasingly be replaced by machine they are not ranked as one of the captive Naval Air Station-San Diego, Calif., watchers, maintenance experts standing at Iron CUrtain nations, but are ·assumed as a pilot of the 11th Bomb Squadron. the ready, how is one to prevent boredom to be part of Russia proper. In September of 1930 he entered the Air from becoming dangerous? How is one to assure the constant alertness that is a part The facts, however, bear concrete Corps Technical School at Chanute of a working habit? testimony to the constant struggle of Field, Dl., graduating the following It is possible that one of the products of about 6 million brave people against April. He then rejoined his organization a crowded, urbanized, industrial society may the oppressive policies of soviet atheistic at Rockwell Field, transferring with the well be increasin~ danger at the work place, domination. These brave Byelorussian squadron to March Field, Calif., in Octo­ danger due not so much to exterior factors people find their traditional langUage ber of 1931. 1960 ~ CONGRESSIONAL RECORD- .HOUSE 5013 In the early months of 1934, General magnitude reflects great credit upon the diversity of these institutions and we must Mills participated in the Air Force proj­ U.S. Air Force and upon his ab111ty, outstand­ direct our efforts so as to enlist the rich i~g leadership and mature judgm~nt. variety of private and pub-lic action. ect of flying the u.s; airmail subsequent The pressures of rising enrollments and to · the cancellation of civil contracts In mid-1954, General Mills returned rising costs already put tremendous burdens for the operation. During this period he to Headquarters, United States Air Force, on many colleges and universities. Although flew from the Salt Lake City, Utah, air­ as Assistant Deputy Chief of Staff, Per­ a few operate at less than full capacity, the port over some of the most rugged ter­ sonnel, a position he held until the sum­ rising tide of the college age population in rain of the country. In November, he mer of 1956 when he· became the Assist­ the 1960's threatens to engulf even those in­ received orders transferring him to stitutions which are not already popping ant Deputy Chief of Staff; Development, at the seams. Nichols Field, Philippine Islands, as ad­ USAF. In 1958 he was named as Com­ How can we deal with these problems? jutant of the 28th Bomb Squadron. In mander, San Bernardino Air Materiel Where will the moriey ·come from? January 1937, he returned to the United Area, where he assumed command on A few points are already familiar to States with assignment at Langley Field, November 1958. ACPRA members. Individual aluinni and Va., where he served initially as flight The second citation, the Oak Leaf alumni groups must be educated to their commander in the 29th Bomb Squadron Cluster to the Distinguished Service responsib111ties. We must make it clear to · and later as navigation omcer of the 2d them that their education was subsidized MeY the Treasury to purchas.e Total gold receipts_----- 90, 716,220 88,489,135 education. gold for artistic or industrial purposes Sold for arts and industrial As we try to solve financial problems, let or for resale for such purposes. uses: us not forget our purpose. H. G. Wells put d d ft d By Treasury ______21,136,850 27, 008,450 tt succinctly: "Human history becomes In preparing to have th~ 1. ea ra e By private refiners and more and more a race between education and in bill form, a study of ex1stmg regula­ dealers •• ------57,329,370 64,079,470 catastrophe." Let us do our part to make - tions disclosed that placer gold miners Total so sold ______78,466,220 91,087,920 sure education wins the race. may now sell unretorted, or otherwise Net gain in gold dur- unprocessed placer gold, directly to man­ 12,250,000 ufacturing jewelers, industrial users, or tng 1957------Net shrinkage 1n gold anyone in the United-states without re­ during 1958 ______Gold striction. However, there does not seem ------2, 598, 785 to be much of a market for placer gold in EXTENSION OF REMARKS its natural state, even though the Treas- Thus in the year of 1958-the indus­ ury does not stock such gold in the form trial need for gold_in this country in- oF of nuggets and gold dust and is there- creased by $14% mlllion over 1957. The HON. RALPH J. RIVERS fore not competing with placer gold _figures for 1959 are not yet available. oF ALAsKA miners in the sale of such gold. on the To conclude this discourse on gold, let IN THE HOUSE OF REPRESENTATIVES other hand, 'persons offering processed me express my opinion-held by many gold for sale may sell only to licensed others-that with gold production going Tuesday, March 8,1960 dealers, refiners, or industrial users at down, industrial uses for gold going up, Mr. RIVERS of Alaska. Mr. Speaker, any price which the market will afford the amount of gold in hand becoming as many of my colleagues realize, there or, in the alternative, to the U.S. Treas- disproportionately small as compared to are two principal facets to the predica- ury at $35 per fine ounce. Of course, our ever-increasing volume of outstand­ ment in which our country finds itself in making sales of such processed gold ing currency and credit, and our gold today in regard to gold. The first is the to the dealers and industrial users the bullion stock shrinking to where i't will alarming decrease in the gold bullion producers are competing with the Treas- have reached , the vanishing point in a stock of the United States caused by ad- ury which sells to such users at one- very few years, something has got to verse trade balances which have been fourth of 1 percent over $35 per ounce. · give in the not-too-distant-future. payable either in gold at $35 per fine At first blush it would appear from the I have 1!-0 conclusive answer, but sug­ ounce or in dollars, which under present foregoing that barring the Treasury from gest that all of us had better start think­ policy may be invested in this country making further sales of gold bullion to ing about it and formulating some appro­ but later redeemed in gold upon demand. industrial users' would enable the pro- priate action as soon as possible. When we note that our gold bullion on ducers of processed gold to, get a much hand has gone down from $40 billion at better price. Another look, however, the end of World War II to about $19 discloses that the free world price hovers billion now, it gives us pause. When we --close to $35 per fip.e ounce-as shown by Flight Data Recorders discover, however, that the foreign dol- the London market which fluctuated lar credits of which I spoke come to · during the last year between a low of EXTENSION. OF REMARKS about $16 billion for which gold could $35.0429 and a, high of $35.1407. With OF be demanded at $35 per fine ounce, the licensed private dealers and refiners and only possible reaction is one of shock, industrial users allowed to purchase HON. EDGAR W. HIESTAND ~ for we see that there would be only $3 gold on the free world market, the gold OF CALIFORNIA billion worth of our gold bullion left in miner would gain little by the· discon­ IN THE HOUSE OF REPRESENTATIVES our hands if foreign countries were to tinuance of sales by the U.S. Treasury. reduce all of their present dollar credits What it all boils down to is the fact that Tuesday, March 8, 1960 to gold. Now I do not expect such a the present gold policy of the United Mr. HIESTAND. Mr. Speaker, there .. run on our bank, so to speak, but what States in fixing the price of gold at $35 cent crashes of commercial airliners have I say highlights the seriousness of the - per fine ounce, and settling our interna­ caused great concern throughout the situation. tiona! trade balances on that basis, and country due to the inability to determine, The other facet is the plight of our making sales of gold to foreign central in many cases, the reasons for the disas­ gold mining industry which is rapidly banks at that figure has substantially ters. Countless thousands of dollars and going out of business because the price stabilized the price of gold throughout possibly hundreds of thousands of dollars of gold has .-not risen above $35 per fine the free world at close to $35 per fine are expended between government, the ounce since 1934. ounce. ' airlines, and aircraft manufacturers in Bills introduced 1n Congress in recent After going around the circle, so to the investigation of the causes of each years to raise the price of gold from $35 speak, I have arrived back where I aircraft accident. Despite this, we still to $70 per fine ounce or to subsidize its started, which is, in effect, that the only do not know, in many instances, why production or to allow its sale on a free perceptible. way to get the miners a the crashes occur. 1960 CONGRESSIONAL RECORD-- HOUSE 5015 Perhaps many lives and much money cattle grazing on the finest bluegrass in President of the United States, and-Stephen could be saved if all commercial aircraft America, while in the urban centers there B. Elkins, who also served as Secretary of were equipped with crash recorders would be found much production in the War; from Pocahontas came the world­ glass, pottery, chemical, and other industries. famou,s novelist--the only woman writer to which were recording important types And speaking of bluegrass, I acquainted the have won the Nobel Prize for literature­ of information. Recently, the Federal gentleman with the fact that West Virginia Pearl S. Buck, and that county also was the Aviation Agency issued an order requir­ has more of its acreage in bluegrass pasture- · home of Gen. Mason Patrick, the first head ing installation of flight data recorders land than does neighboring Kentucky, which of the Army Air Service during and after in additional commercial aircraft oper­ is called the Bluegrass State. World War I; from Greenbrier came Gen. ating at certain altitudes. The applica­ "But," I further declared, "the most valu-· John L. Hines, who succeeded Gen. John tion of such recorders has been extended able product of these hills lies in the char­ J. Pershing as Chief of Staff of the u.s. to acter and stature of its men and women, and Army. from pure jets turbo prop aircraft. in the contributions they have made in "To consider the humane art of medi­ · Mr. Speaker, I suggest additionally commerce, public affairs, education, and in cine,'' I continued, giving my listener no that the Government should· extend the the arts and the sciences." time to rally his forces, "I can readily think number of channels of information re­ The easterner beside me remained unim­ of two contemporary West Virginians who quired of such recorders. cUrrently re. pressed. have achieved national eminence, though quired channels are: Time, airspeed, al­ "Oon't remember that I ever heard of any" by divergent routes. Dr. William R. Laird of titude,. directional heading, and verti­ f~ous West Virginians," he said, and then Fayette County, for his pioneering in the asked: "Who of importance ever came out establishment of rural area clinics and other cal acceleration. If we could also ob­ of these hills?" significant contributions, received justified tain information on cabin pressure and It was pleasing to have the opportunity recognition from the American College of airplane bank and pitch we could help to tell him that the one county (Harrison) Surgeons. And in a very different way, a determine whether an explosion may through which we were then passing, had native of Cabell County, Maj. Gen. Leonard have occurred in an aircraft accident as given us the greatest m1litary strategist of Dudley Heaton, Surgeon General of the U.S. well as additional information which the Civil War (Stonewall Jackson); three Army, achieved fame. As the commanding could be extremely valuable. members of Presidential Cabinets (Nathan general of Walter Reed Army Hospital in In view of this, I urge that the FAA Go~. Secretary of the Navy-Howard M. Gore, Washington, D.C., General Heaton headed Secretary of Agriculture--and Louis A. John­ the team of surgeons who operated success­ give serious consideration to the possible son, Secretary of Defense); the Solicitor Gen­ fully upon President Eisenhower. extension of channels of information eral under President Woodrow Wilson, and "And being a New Yorker, you doubtless currently required by existing flight data later Ambassador to Great Britain, and Dem­ know about Eleanor Steber, world renowned recorders~ ocratic nominee for President of the United Metropolitan Opera star, whose native city States (John W. Davis); the man who discov­ is Wheeling, Ohio County. A West Vir­ ered more oil than any other individual ginian, Dudley L. Simms of Charleston, in history (Michael L. Benedum); two na­ Kanawha County, is the immediate past­ tional commanders of the American Legion president of the world's largest organization __West Virginians Have Enriched Amer­ (Louis A. Johnson and Donald R. Wilson); of service clubs, Lions International. ican Life Materially, Intellectually, and two presidents of the National Education "Then there-" Association (Dr. Joseph Rosier and Dr. The train was slowing down for the stop Spiritually Carma Mowrey); the author who was one of at Clarksburg, from where I was to go by the highest paid fiction writers in the first a,utomobile to Salem. Thus, it was neces­ EXTENSION OF REMARKS three decades of this century (Melv1lle sary that I interrupt my story, but not until OF Davisson Post); and the president of Swift my companion had asked a question-a & Co., one of the Nation's largest meatpack­ pertinent and challenging one: HON. JENNINGS RANDOLPH ing concerns (Porter Jarvis). "Why haven't you West Virginians told My travel companion was astonished. the Nation of these sons and daughters of OF WEST VIRGINIA Practically every name I had mentioned was your State? I am a merchant, but no one IN THE SENATE OF THE UNITED STATES familiar to him-and he recognized these would know that I had quality merchandise Tuesday, March 8, 1960 people as being outstanding Americans. He if I did not put it on display in my store seemed amazed to learn that they were all windows and advertise it in the newspapers Mr. RANDOLPH. Mr. President; to­ from West Virginia, but I gave him little and through other media of communica­ day an article I prepared at the invita­ time to regain his composure. tions. You West Virginians need to do a tion of the editor of the Charleston Baltimore & Ohio · "Then, too, within another hour you will tage, tor the West Virginians mentioned in snaked its way westward through the rolling be passing through Wood County, home of the train travel episode are but a few of countryside. of Harrison County, W. Va. It Adm. Felix Stump, now retired commander those who have enriched American life mate­ was a leaden day in the dead of winter. in chief of U.S. forces in the Pacific and of rially, intellectually, and spiritually. And The steep h1llsides and gently sloping mead­ the U.S. Pacific Fleet. And there are M. J. they are but representatives of the capabil­ ows, stripped of vegetation, were covered Rathbone, president of the Standard Oil Co. ities and potentif).lities which are present with snow. I was a passenger, en route from of New Jersey, and Holmes Alexander, na­ among the men and women of our State. . Washington to my native Salem to attend a tionally syndicated Washington newspaper meeting of the board of directors of Salem columnist, both of whom are Wood County College. natives. On much of tbe trip I had been engaged "And,'' I added, "to mention a few other Jane Addams 1n casual conversation with the man who sat West Virginians who have distinguished next to me. It developed that he was a themselves, to the south of us is Braxton blase and somewhat cynical New Yorker County, home of the late Dewey Fleming, EXTENSION OF REMARKS making his first journey through West Vir­ another well known journalist who was OF ginia. He was not ·impressed by the bleak chief of the Washington bureau 'of the scene. Baltimore Sun; stlll further to the south HON. EDWARD J. DERWINSKI "This," he said, waving his hand toward a is Lincoln County, the birthplace of Maj. OF ILLINOIS barren hillside, "is the most God-forsaken Charles Yeager, the first pilot to break the country I have ever seen. What on earth sound barrier and introduce a new age in IN THE HOUSE OF REPRESENTATIVES could this land produce?" the exploration of the air; and the tier of Tuesday, March 8, 1960 My response was that beneath the hlllB counties from Randolph through Pocahon­ through which ·we were passing lay vast tas, Greenbrier, and Monroe also furnished · Mr. DERWINSKI. Mr. Speaker, this stores of bituminous coal, oil, and natural notables, from Randolph having come two afternoon I introduced a joint resolution gas, and, furthermore, during the spring and U.S. Senators, Henry Gassaway Davis, who to authorize and request the President summer the meadows would be dotted with also was a Democratic candidate for- Vice to issue a proclamation in connection 5016 · CONGRESSIONAL RECORD- HOUSE March 8 with the centennial of the birth of Jane his son, Emil V. Gualano, and his son the Senate Committee on the Judiciary, Addams, founder and leader of Chicago's Alberto, Jr., presently a lieutenant in the which I commend to the attention of Hull House. My purpose in this intro­ U.S. Air Force. Also, his brother Ettore Members of the Senate. duction is to join my outstanding col­ Gualano, master of music. There being no objection, the article league, the Honorable MARGUERITE STITT MARCH 7, 1960. was ordered to be printed in the RECORD, CHURCH of Illinois, who yesterday intro­ Mrs. TINA GUALANO AND FAMILY, as follows: duced the original resolution. San Fernando, Calif;; SOME AGGRAVATING CIRCUMSTANCES SHOULD BE Having the honor and privilege of It is with a deep feeling of sadness that I GIVEN CONSIDERATION representing a district in the Chicago leJ~Xned of Judge Alberto's death. He spent (By Kenneth B. Keating) to his life fighting for the Italian cause in metropolitan area, I can testify the America and his career was typical of the (Senator KEATING, Republican, New York, honor and respect that is due Jane great leapers before him-a series of polit­ is also well known as a lawyer and is a mem­ Addams, founder and leader of Chicago's ical sacrifices. He was energetic in his cou­ ber of the Senate Judiciary Committee.) Hull House. rageous political activity and, as an honest Discussions of capital punishment are man, fought against great odds. rarely dispassionate. Those who favor its He had the confidence of the !tala-Ameri­ retention are accused of being sadistic, cans and spent his time, energy, and money warped people full of hate and vengeance. Alberto Gualano in the advancement of the !tala-American Those who plead for its abolition are typed immigrant. He was a loyal friend and an as weakminded sentimentalists, more con­ cerned with saving the criminal than pro­ EXTENSION OF REMARKS earnest, outspoken adversary. His success as an editor, and author, and attorney, car-. tecting society. OF ried him to brilliant accomplishments Such highly emotional reactions to the throughout his career. As a man of letters imposition of the death penalty are not hard HON. ROLAND V. LIBONATI in his fiery editorials and persuasive oratory, to understand. Cases which present the OF ILLINOIS he merited the distinguished recognition possibility of a death sentence are sensa­ IN THE HOUSE OF REPRESENTATIVES that the !tala-American public gave to him. tional and sordid. They draw a tremendous He lived and died a great American. Your amount of attention. They almost assume Tuesday, March 8; 1960 loss is the community's loss. I know that the character of a dramatic production and Mr. LIDONATI. Mr. Speaker, a true you, his family, contributed so much to his the same deep feelings of sorrow and hate idealist died the other day. He had happiness in life and you must be proud are stirred as by a play. This is not the spent a lifetime :fighting in righteous to enjoy such a distinguished heritage. setting in which reason flourishes. In the death of this great leader the peo­ Another quite different but increasingly causes for the welfare and protection of ple of California and Illinois have lost an common tendency in discussing this subject the rights of the immigrant Italian. He outstanding citizen and public servant. We is to reduce the argument to a bunch of was born at San Vincenzo al Volturno, mourn his passing with you. statistical tables. Some tables I have seen Province of Campobasso, Italy, on the May I offer you my deepest sympathy and would force a statistical logician to conclude 31st of March 1868. Upon his emigra­ sincere condolences. that murder increases in places where the tion to the United States.-having re­ Congressman RoLAND V. LIBONATI. death penalty is present and decreases where the death penalty does not exist. ceived a law degree at Naples-he fur­ In appreciation, the widow's . reply, Corollary: Removal of the death penalty ther completed his law study at the herewith: is a deterrent to murder. While this may Illinois College of Law in Chicago, Ill. MARCH 7, 1960. be logical, I do not believe it will strike too He became a famous and influential Congressman ROLAND V. LIBONATI, many people as being correct. member of the bar association and Washington, D.C. This subject cannot be considered ade­ served as judge of the Municipal Court HONORABLE SIR: The eulogy that SO many quately in either an electrically charged or a of the City of Chicago. The greatest tried to express, came to me this morning coldly calculated context. Neither· passions part of his brilliant professional career in the form of a telegram from Washington, nor collections of figures will lead us to a was spent in the city of Chicago and D.C., signed RoLAND V. LmoNATI. Who else, solution of the problem appropriate to our · but the one so highly esteemed by him could conception of justice. the State of Illinois. He sparkled with put into words what the grey-haired idealist This does not mean that studies by penolo­ fervor in defense of his countrymen. really was? I feel so completely relaxed now, gists and others are useless in our inquiry; His popularity was acclaimed by all the that now through you a voice that has been nor does it mean that we can ignore the citizens of the community. No one had stilled will echo and reecho in the halls emotional impact of whatever policy is pur­ greater success in lifting the enslave­ of the Congress of these United States. His sued. It just means that we are likely to ment of his people. The second-class guiding hand will be with you and I pray fall into error if we rely too heavily on either citizenship label of the bigoted disap­ that in the years to come, his son, Lt. Alberto frame of reference. peared. N. Gualano, Jr., USAF, will justify the herit­ In my opinion, we must retain capital During his retirement he established age you painted so beautifully in words. punishment for those' cases in which there­ This family will always pray for the success­ flective moral judgment of the community residence in the city of San Gabriel in ful fulfillment of your duty and your free­ would be shocked by any. lesser penalty and the San Gabriel Valley, Calif., and again dom from care. God bless you. for those cases in which no other sanction the urge to put into play his great lit­ Mrs. TINA GUALANO AND FAMILY. is possible. Such cases, thank goodness, erary and oratorical talents sought an are rare. There are some who say that they outlet in the establishment of a cultural are nonexistent, but this, unfortunately, is newspaper publication, titled "L'Italo­ I not so. Americano di Los Angeles." He also Article on Capital Punishment by On one issue in this · discussion, there was the author of many illustrious arti­ should be universal agreement, and that is Senator Keating that the supreme penalty should never be cles on various public subjects; some exacted as the automatic punishment for any controversial and others informative. predefined crime. It is incredible at this He had truly a great mind. His writings EXTENSION OF REMARKS late date, with all the liberal advances which in book or pamphlet form were given OF have been made in this field in the last cen­ the highest acclaim in most noted tury, that right here in the District of Co­ Academy of Scholars in Italy. He was HON. HUGH SCOTT lumbia it is still the law that "death by invited to many memberships in these OF PENNSYLVANIA electrocution" must be imposed in all first­ societies and in one he was elected pres­ IN THE SENATE OF THE UNITEO STATES degree murder convictions. It is this kind of unremedied anachronism ident. His favorite writings-two peri· Tuesday, March 8, 1960 11). the law that sometimes leads to gross in- · odicals-The Story of Rome and Italy justice either because it will induce a jury ' and his Numi Tutelari were published Mr. SCOT!'. Mr. President, I ask to acquit a guilty felon entirely rather than exclusively in the great daily, l'Italia­ unanimous consent to have printed in send him to his death, or because it will The Italian News of Chicago-edited by the CONGRESSIONAL RECORD an article require execution of a defendant regardless the distinguished editor, Aria Lo Fran­ written by the junior Senator from New of the circumstances which may mitigate his co. York [Mr. KEATING] on the subject of offense. There must be room for the exer­ The Congressmen of Illinois, cogni­ capital punishment, containing his views cise of judgment and discretion in any case zant of his great service to the com­ thereon, with particular reference the before the supreme penalty is imposed. to A number of aggravating as well as miti­ munity for a long period of years, capital punishment provisions under the gating circumstances are appropriate for moum his passing. A telegram, as fol· laws pertaining to the District of Co• consideration by the judge and jury·tn pass­ lows, was sent to his dear widow, Tina, lumbia. It is a very learned article by a ing sentence. The aggravating circum- . and daughters Ida, Virginia, Amelia, very well known lawyer, a Member of stances include the fact that the murder was 1960 CONGRESSIONAL RECORD- HOUSE 5017 committed by a convict under sentence of They fought vigorously and effectively such people, not only as the Secretary of imprisonment (think of the situation in against the Fascist invaders and Nazi Labor, •btit Dr. Kaplan from my own State which a convict under life sentence kills a hordes, and in the postwar period strug­ of California, who not only knows a lot prison guard trying to escape); that the about safety but about outer space apd murder was committed for hire, or that the gled relentlessly to free their country other things connected with the geophysical murder was especially heinous, atrocious, or from armed Communist rule. year, I am not going to get into the position cruel, manifesting exceptional depravity. However, Mr. Speaker, ,we do have an of an amateur talking about matter~ in Certainly, such cases are to be distin­ area in which our continued interest is which experts behind me are much more guished from killings by a defendant with no necessary in relation to our friendly proficient. previous record, in· ·which the victim may contacts with Greece and its people. But it did occur to me that it might be have been an accomplice in some crime, or Greece, as much as any other country, worth while, and perhaps constructive, to in which the defendant may have been im­ suffers from the inequities in the immi­ relate what you are doing and the contribu­ paired mentally or under some form of du­ tions which you are making to the whole ress. These aggravating and mitigating cir­ gration and refugee laws, and President posture of the U.S. economy and to this cumstances are obviously pertinent, and Eisenhower should be commended for problem that we have heard so much about justice in the District of Columbia will be his earnest plea to produce a practical in recent months-particularly since Mr. impaired as long as such factors cannot be revision of immigration quotas. When Khrushchev's visit to the United States-of considered in passing sentence. Congress tackles this situation, the how we maintain our competitive position Because I have introduced a bill to abolish Greek quota will be one that fairness in the world economically with the totali- mandatory capital punishment in the Dis­ dictates should be greatly revised. tarian countries. · trict of Columbia, many people have assumed I am heartened by the great number I don't need to tell you that the threat that I am opposed to capital punishment as with which we are confronted is a real one. such. What I am opposed to is arbitrary of Members who recall this Greek Inde­ Any of you who saw Mr. Khrushchev on his punishment, particularly in cases where the pendence Day, which remembrance sym­ visit here will remember how confident he death penalty is invoked. bolizes the appreciation of the American seemed to be in the superiority of his own . _I have in fact introduced another bill in pe.ople to a loyal partner in the lineup system; how he laid down the challenge to this session of ·Congress to allow a discre­ of free nations. us in every city that he visited. He said tionary death penalty in lynching cases, but that while we were ahead now, they were here again it will be up to the judge and moving faster than we were economically, jury to weigh the circumstances in each case and that they were going tO catch us and in assessing punishment. · Vice President Richard M. Nixon Ad­ pass us. He even went so far as to say that It seems to me that this approach an­ their system was so far superior that, once swers the -capital punishment problem bet­ dresses the President's Conference on they had passed us, we would have to turn ter than provi~ions for automatic death pen­ their way, in fact, in order to avoid staying alties or absolute death_bars. Where discre­ _Occupational Safety in the second position. tion is allowed, the death penalty must be Now, I am sure that very few Americans, unanimously recommended by the jury and EXTENSION OF REMARKS if any, were convinced by what he said. I the recommendation must be accepted by the OF am certain, on the other hand, that all of us judge. recognized that he and the people over whom I have tremendous respect for our jury HON. PETER FRELINGHUYSEN, JR. he has domination have one advantage that system and for the judges who serve us. I OF NEW JERSEY anyone running behind in a race has; he has believe that they better reflect the commu­ the stimulus of trying to catch the front nity-conscience in such situations than do IN THE HOUSE OF REPRESENTATIVES runner. And ·I can say, from having visited either defense lawyers or prosecutors, both Tuesday, March 8, 1960 the Soviet Union, that one thing that does of whom are naturally imbued with a passion impress you is the determination not only for th~ir cause. Mr. FRELINGHUYSEN. Mr. Speaker, of the hierarchy, but in some way it has Let each side have an opportunity to pre­ at the recent conference, held here in been infused even among great segments of sent its arguments. Surround the defendant Washington on the subject of occupa­ the working force as well, the competitive with every necessary protection. Admit all tional safety, Vice President NIXON made spirit which 1s·· theirs. And so we must not the evidence pertinent to the issue. Main­ an address which I am sure will be of underestimate that challenge. tain the requirement that the jury be unani­ interest. But, by the same token, in pointing out mous and that the judge and jury must con­ the strengths that they have and in examin­ cur. Do all these things and you will meet The address follows: ing, to be sure, in a free country,. the weak­ the . ends and requirement~ of justice in ADDRESS BY THE HONORABLE RICHARD M. NIXON, nesses that we have, we must ne'Ver lose con­ these cases.· ' VICE PRESIDENT OF THE UNITED STATES, fidence in our own_ system. and our own BEFORE 'l'HE OPENING SESSION OF THE PRJ:SY- principles. ' DENT'S CONFERENCE· ON OccUPATIONAL Now, what does all of this have to do with SAFETY, CONSTITUTIONAL HALL, WASHING• industrial safety? Let me put it just _exactly Greek ar of Independence _TON, D.C., MARCH 1, 1960 this way. Vf 'I appreciate the opportunity to be here Today, economically, the United States out · personally in my capacity as the Vice Presi­ produces the Soviet Union, taking the gross : EXTENSION OF REMARKS dent representing the President. As you have nationaLproduct figures as one standard,.. by - o-, probably already .been told by the Secretary, over 2 to 1, and we are abeS:d of them in every only the fact that the President is in South major area of production, and we can stay HON. EDWARD J. DERWINSKI America has made it impossible for him to be ahead. We can stay ahead, however, pro­ 01' ILLINOIS - with you;_-and. I am most-honored and.' de- • vided we avoid. what I would describe .as-any - lighted to express, on his behalf, his greetings un-necessary inefficiency or negligence in our IN THE HOUSE OF REPRESENTATIVES to this group. economy, and this means efficiency on the Tuesday, March 8, 1960 We know that you are unusual so far as part of management, of labor, of Govern­ groups of people who come to Washington on ment, where Government has any relation­ Mr. DERWINSKI. Mr. Speaker, it is business affecting the Government even in­ ship to the economy, and it means all aspects certainly fitting and proper that we com­ directly. We realize that this is an unsubsi­ of the economy. · And, of course, I don't need memorate the 139th anniversary of the dized conference, that you come either pay­ to tell you that in this whole area of indus­ Greek war of independence against the ing your own way, or your various organiza­ trial safety this is an extremely important rule of the Ottoman Empire. The glory tions are taking care of this rnatter. This aspect of the total problem of productivity and grandeur that was ancient Greece certainly indicates your interest and the vital and efficiency of an economy. concern which the direct organizations which For example, I was tremendously im­ passed away and was followed by a long you represent have in this whole problem of pressed and somewhat surprised by some period of oblivion and foreign control of industrial safety. statistics I read, that last year-perhaps the Greek Peninsula. The successful And so, may I express the appreciation of partly because.' of an increase in the work battles that the fiercely independent the Government of the American people for force, the youngsters in the work force, and people of Greece waged were productive; the contribution you are making to that tre­ the like-the rate, as far as accidents were complete independence was achieved and mendously important cause. concerned, was the highest since 1953. I universally recognized in 1832. Today, Now, in coming before this group, may I noted that we lost, in effect, through acci­ Greece stands as one of the bulwarks of say that I did what I usually do before ap­ dents, the work of over half a million men pearing before an important group of this and ~women workers for the whole year. the Western World agai.."lst the ever­ type: I read over your agenda. One thing What they / could have contributed, that dangerous menace of communism. I decided right at the outset, was that I much we lost through accidents alone. And Equally notable was the heroic work wasn't going to talk about the technical so everything that we can do to reduce this of the Greek people in World War II, aspects of the work that you are going to loss, which has resulted from · practices and the period immediat~ly following. discuss in the next few da~s. When I notice which could perhaps be corrected through 5018 CONGRESSIONAL RECORD- HOUSE March 8 improved safety programs, we realize has an in the world, the most productive economy Fundamentally, it re.stores the Old force effect which is necessary in keeping the in the world, and yet it is one that is always bills of the chaotic Reconstruction days fol­ American economy as productive as-possible concerned, above everything else, w~th the lowing the Civil War, when the people of and keeping us on a competitive basis with problems of the individual, with human dig­ the South lived under a government by those who challenge us aproad. nity. May it ever be that way, and may we carpetbaggers. The pending bill was con­ So much for that aspect of the problem. thank you for your dedication to this funda­ ceived by the same minds and the same U.S. There is also another aspect. I think too mental principle. Department of Justice that induced the often, when we examine these problems like Thank you. President to commit the tragic error of send­ safety on a national basis, we think in terms ing the Army into Little Rock. The bill was of half a million workers working for a year, cleverly drafted and hastily introduced, and or so ~ny million man-hours, and the like, is sought to be grafted, without hearings, on and oftentimes we overlook the very im­ The Wrongs of Civil Rights Legislation a comparatively moderate bill reported out portant individual involved, the human of the House Judiciary Committee. problem. The desperate filibuster now being con­ Let me illustrate. I recall when I visited EXTENSION OF REMARKS ducted in the Senate hinges around this new Poland we went through one of their newest OF b1ll,-proposed, devised, and written by. peo­ steel plants, which was still under construe- ple outside of the legislative bodies·. It takes . tion. It was a very impressive plant. And . HOtj. BURR P. HARRISON. from the States and ·vests in Federal au­ the young Comrilunist commissars who OP VIRGUUA thorities the supervision and control of elec­ tions, Federal and State, from the justice of managed the plant very proudly escorted IN HOUSE OF REPRESENTATIVES me through, · showing me the machinery, THE the peace to the Governor of the State. It and the 'like, not paying attention, however, ;ruesday, March 8, 1960 is important for the people to know and to the workers themselves; very little, as a understand from the language of the bill matter of fact. After we completed our tour, Mr. HARRISON. Mr. Speaker, civil itself how cunningly it is devised to deprive we were riding back to Warsaw-and in Po­ rights is a compact and disarming label the States of their constitutional and in­ land there is a great deal more of freedom for a legislative package of explosive dan­ herent right to determine which of its citi­ to speak, or at least the Poles do exercise ger to constitutional guarantees. zens possess the necessary qualifications to more freedom to speak than in the Soviet Although frankly aimed at the South, vote under State law. Union-and a Polish foreign service officer, this bill of the Eisenhower administra­ Here is how the bill will work if enacted a career foreign service man, not one who tion, as devised ,bY Attorney General into law: apparently had been thoroughly indoctri­ Upon complaint, the first step will b~. nated in the Communist cause, made a very Rogers with the' President's . approval upon request of the Attorney General, for interesting comment. He said: "You know, and the strong endorsement of Vice Pres­ the Federal court to make a finding whether ' one thing about these plant managers is that ident NixoN, could suspend free elections discrimination -exists against .Negro voters they know everything about factories and in other sections of the Nation as well. pursuant to a pattern or practice. The bill nothing about people." And I can think of The bill contains additional provisions does not define what constitutes a pattern no single anecdote that better illustrates the of sweeping effect, notably that which or practice and the decision on this questio~ difference in approach of a totalitarian so­ is left entirely to the discretion, whims, or - would make it a felony to oppose the su­ prejudices of a Federal judge. ciety to the problems of progress and of pro­ preme Court's school integration fiat. ductivity than that statement: Everything It does not require that the Federal judge 'l'oo few citizens are aware of this pro­ · shall be a local- one. A judge from·any other about factories, nothing about people. . vision . which could have ti'cketecf fpr And so we are Jiot only concerned about State in the Union may be designated to pre­ the work of 540,000 men and 'women working prison every member of the Virginia side.and supervise the local elections. It will for a year, or a million or so of man-hours, General Assembly who voted recently for be remembered that a Federal judge from we are concerned about .the fact ·that every a resolution stating the sense of that North Dakota was designated to pPeside over day, last year, over 300 men ana viomen .died free elective body that the Court's decree the hear_ings that led ;:to t~e I4ttle R09k incident. . . -. .. ' ~ or were permanently disabled as a result of was illegal. t accidents in plants throughout the country. To return to the election controls in the There is a total lack in the bill of any pro­ We are concerned about the individual prob­ vision of how this finding shall be made, lem, the human loss individually, and we bill, however, Mr. Speaker, it is impor­ or the rules, procedures, or evidence under do not say that progress is something that tant that citizens familiarize themselves which it is to be 'done. After the Federal we worship without regard to what the cost with the Federal voting referee scheme. judge, under the guidance of the Attorney is. Our totalitarian competitors say, "We In this connection, I take the liberty of General and without any specific provision offer progress, but the cost will be freedom," directing the attention of this House to for a hearing on the part of the State in­ and our answer is, "We offer progress, but a straightforward and perceptive analy­ volved, makes a finding that a pattern of with freedom and because of· freedom." sis of the provision by our learned col­ discrimination exists, the decree woUld es­ They say, "We offer progress whatever the league from Louisiana, the Honorable tablish a conclusive presumption that all cost may be in human terms," and we say, Negroes, who were not even parties to the "It is possible to have progress but still to EDWIN E. WILLis, whose reputation for initial proceeding, have in fact been dis­ have a concern for the individual," and t}lis, dispassionate and conscientious legal criminated against. It would make it totally of· course, is certainly directly related to the scholarship is known to all here. Under unnecessary for them to prove any alleged dedication of the people in this room, be­ leave to extend my remarks in the CoN­ discrimination on account of race or color. cause everyone here is concerned about the GRESSIONAL RECORD, I include Mr. WILLIS' That is the nub, the crux, and the very heart · individual, the human cost involved, in a comments, as printed in the Richmond of the bill. modern in.dustrial society. Otherwise, you

days of old. We are sure of Thee because the great scourge which had reached for SENATE for those who have hearts to feel and ears his own life ahd which yearly snu:fis out to hear Thy voice resounds today. the mortal lives of a multitude of our VVEDNESDAY,~ARCH9, 1960 We have heard Thee speak wherever people.