MARCH 23, 1956 20 CENTS ,, ·u.S.News ·~~ . .._ _ _,.I. - ID

• · The United States News ® World Repatl ®

Once Labor Leader, . . Now Business Owner, Tells: :

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HOW TO DE·AL -. . ' 1< ' ' -_./ { ! .··. WITH )', , · r " ,i . ) LABOR UNIONS 1

INTERVIEW with HARO.LO .J. RUTTENBERG U.S. News&. World Report

Southern Spark Sets It Off: DEBATE GETS HOTTER OVER MIXED SCHOOLS \

Lines now· are ~eing drawn in Congress for must be· reversed, . by lawful means. They t , a struggle over tl:,is question:. warn against .abuse of judicial power. ' Can the South be · forc"d to accept the Legi_slators from other parts of the coun- , Supreme Court's order outlawing segregation try speak.against "nullification," say'no State in public schools? · · · can· put,. itself · above the Court. . · In a manifesto, Southern members of the '. Below, spokesmen for both sides give th~ii · Hoyse and ·senate that the decision views, set forth on the floors of Congress.

Followings are excerpts from statements made in Congress In the South Carolina school district where one of the segre­ after the introdudion on March 12, 1956, of a "Declaration gation cases was instigated, the Negro schools are better than of Constitutional Principles" signed by Senators and Repre­ the schools for white children. Yet the Negroes continue to sentatives from Southern States: seek admission to schools for the white race. This is sufficient proof that, while South Carolinians of both Senator Strom Thurmond (Dem.), of South Caroliha: Mr. races are interested in the education of their children, the President, I am constrained to make a few remarks at this agitators who traveled a thousand miles to foment trouble are time because I believe a historic event has taken place today interested in something else. The "something else" they are in the Senate. interested in is the mixing of the races. The action of this group of Senators in signing and issuing They may as well recognize that they cannot accomplish a Declaration of Constitutional Principles with regard to the by judicial legislation what they could never succeed in doing Supreme Court decision of May 17, 1954, is most significant. by constitutional amendment. The signers of this declaration represent a large area of this Historical evidence positively refutes the decision of the nation and a great segment of its population. Solemnly and Supreme Court in the school-segregation cases. simply we have stated our position on a grave matter so as to The 39th Congress, which, in 1866, framed the 14th Amend­ make clear there are facts that opposing propagandists have ment to the Constitution-the Amendment which contains neglected in their zeal to .persuade the world there is but one the equal-protection clause-also provided for the operation side to this matter. of segregated schools in the District of Columbia. This is In suggesting that a meeting of like-minded Senators be positive evidence that the Congress did no.t intend to prohibit held, it was my thought that we should formulate a statement segregation by the 14th Amendment. of unity to present our views and the views of our constituents The Supreme Court admitted in its opinion in the school on this subject. My hope also was that the statement issued cases that "education is perhaps the most important function should be of such nature as to gain the support of all people of State and local governments." But the Court failed to ob­ who love the Constitution, that they would see in this instance serve the constitutional guaranties, including the 10th Amend­ the danger of other· future encroachments by the Federal Gov­ ment, which reserve control of such matters to the St..'ltes. ernment into fields reserved to the States and the people. If the Supreme Court could disregard the provisions of the My people in South Carolina sought to avoid any disrup­ Constitution which were specifically designed to safeguard tion of the harmony which has existed for generations between the rights of the States, we might as well not have a written the white and the Negro races. The effort by outside agitators Constitution. Not only did the Court disregard the Constitu­ to end segregation in the public schools has made it difficult tion and the historical evidence supporting that revered docu­ to sustain the long-time harmony. ment; i,t also disregarded previous decisions of the Court These agitators employed professional racist with itself. funds contributed by persons who were permitted to deduct Between the decision in Plessy against Ferguson in 1896 the contributions from their taxes. The organization estab­ and the reversal of that opinion on May 17, 1954, 157 cases lished to receive the funds also enjoys the status of freedom were decided on the basis of the separate-but-equal doctrine. from taxation. The United States Supreme Court rendered 11 opinions on Except for these troublemakers, I believe our people of that basis: the United States courts of appeals 13; United both races in South Carolina would have continued to progress States district courts 27; and State supreme courts, including harmoniously together. Educational progress in South Caro­ the District of Columbia, 106. lina has been marked by 200 million dollars' worth of fine Such disregard for established doctrine could be justified school buildings in the past four years, providing true equal­ only if additional evidence were presented which was not ity, not only for white and Negro pupils, but also for urban available when the earlier decisions were rendered. and rural communities. No additional evidence was presented to the Court to show

100 U.S. NEWS & WORLD REPORT, March 23, 1956 U.S. News t. World Report the earlier decisions to be· wrong. Therefore, the decision handed down on May 17, 1954, was contrary to the Consti­ tution and to legal precedent. If the Court can say that certain children shall go to certain Signers of Southern Pledge · schools, the Court might also soon attempt to direct the courses In a "Declaration of Principles" introduced in the to be taught in those schools. It might undertake to establish Senate and House on March 12, members of Congress qualifications for teachers. from the South pledged themselves to use "all .lawful I reject the philosophy of the sociologists that the Supreme means" in resisting the Supreme Court decision · out­ Court has any authority over local public schools supported in lawing racial segregation in public schools. part by State funds. Full text of the declaration was published in the The ·court's segregation decision has set a dangerous prec~­ March 16, 1956, issue of U.S. News & World Report. dent. If, in the school cases, the Court can by decree create a Names of signers follow: new constitutional provision, not in the written document, it might also disregard the Constitution in other matters. Other ALABAMA: Senators John J. Sparkman and Lister constitutional guarantees could be destroyed by new decrees. Hill. Representatives Frank W. Boykin, George M. I respect the Court as an institution and as an instrument Grant, George W. Andrews, Kenneth A. Roberts, Al­ o~ government created by the Constitution. I do not and cannot bert Rains, Armistead I. Selden, Jr., Carl Elliott, have regard for the nine Justices who rendered a decision so Robert E. Jones, George Huddleston, Jr. clearly contrary to the Constitution. - ARKANSAS: Senators John L. McClellan and J. W. The propagandists have tried to convince the world that the Fulbright. Representatives E. C. Gathings, Wilbur States and the people should bow meekly to the decree of the D. Mills, James W. Trimble, Oren Harris, Brooks Supreme Court. I say it would be the submission of cowardice Hays, W. F. Norrell. if we failed to use every lawful means to protect the rights of the people. FLORIDA: Senators Spessard L. Holland and George For more than half a century the propagandists and the A. Smathers. Representatives William C. Cramer agitators applied every pressure of which they were capable (Republican), Charles E. Bennett, Robert L. F. Sikes, to bring about a reversal of the separate-but-equal doctrine. A. S. Herlong, Jr., Paul G. Rogers, James A. Haley, They were successful, but they now contend that the very D. R. Matthews. methods they used are unfair. They want the South to accept GEORGIA: Senators Walter F. George and Richard the dictation of the Court without seeking recourse. We shall B. Russell. Representatives Prince H. Preston, John not do so. L. Pilcher, E. L. Forrester, John J. Flynt, Jr., James · C. Davis, Carl Vinson, Henderson Lanham, Iris F. Plea to Support the South Blitch, Phil M. Landrum, Paul Brown. I hope all the people of this nation who believe in the Con­ : Senators Allen J. Ellender and Russell stitution-north, south, east and west-will support every law­ B. Long. Representatives F. Edward Hebert, Hale ful effort to have the decision reversed. The Court followed Boggs, Edwin E. Willis, Overton Brooks, Otto E. textbooks instead of the Constitution in arriving at the deci­ Passman, James H. Morrison, T. Ashton Thompson, sion. George S. Long. We are free, morally and legally, to fight the decision. We : Senators James 0 . Eastland and John must oppose to the end every attempt to encroach on the rights Stennis. Representatives Thomas G. Abernethy, of the people. Jamie L. Whitten, Frank E. Smith, John Bell Wil­ Legislation by judicial decree, if permitted to go unchal­ liams, Arthur Winstead, William M. Colmer. lenged, could destroy the rights of the Congress, the rights of NORTH CAROLINA: Senators Sam J. Ervin, Jr. and the States, and the rights of the people themselves. W. Kerr Scott. Representatives Herbert C. Bonner, ·when the Court handed down its decision in the school­ L. H. Fountain, Graham A. Barden, Carl T. Durham, segregation cases, it attempted to wipe out constitutional or F. Ertel Carlyle, Hugh Q. Alexander, Charles R. statutory provisions in 17 States and the District of Columbia. Jonas (Republican), Woodrow W. Jones, George A. Thus, the Court attempted to legislate in a field which even the Shuford. Congress had no right to invade. A majority of the States affected would never enact such legislation through their legis­ SOUTH CAROLINA: Senators Olin D. Johnston and latures. A vast majority of the people in these States would Strom Thurmond. Representatives L. Mendel Rivers, stanchly oppose such legislation. John J. Riley, W. J. Bryan Dom, Robert T. Ashmore, The people and the States must find ways and means of James P. Richards, John L. McMillan._ preserving segregation in the schools. Each attempt to break TENNESSEE: Representatives John B. Frazier, Jr., down segregation must be fought with every legal weapon at Joe L. Evins, Ross Bass, Tom Murray, Jere Cooper, our disposal. - Clifford Davis. At the same time, equal school facilities for the races must be maintained. The States are not seeking to avoid responsi­ : Senator Price Daniel. Representatives bility. They want to meet all due responsibility, but not under Martin Dies, Wright Patman, John Dowdy, Walter Court decrees which are not based on law. Rogers, 0. C. Fisher. I hope a greater understanding of the problem which has VIRGINIA: Senators Harry F. Byrd and A. Willis been thrust upon the South and the nation will be sought by Robertson. Representatives Edward J. Robeson, Jr., our colleagues who do not face the segregation problem at Porter Hardy, Jr., J. Vaughan Gary, Watkins M. Ab­ home. Other problems of other areas require consideration and bitt, William M. Tuck, Richard H . Poff (Republican), understanding. I shall try to give full consideration to them. Burr P. Harrison, Howard W. Smith, W. Pat Jen­ All of us have heard a great deal of talk about the persecu­ nings, Joel T. Broyhill (Republican.) tion of minority groups. The white people of the South are the greatest minority in · this nation. They deserve considera- u. S. NEWS & WORLD REPORT, March 23, 1956 101 U.S. News G World Report

11 • • • Thurmond: 111 shall fight for South's views in a lawful way tion and understanding instead of the persecution of twisted I am not greatly moved by these last-hour pleas of the South, propaganda. "We need more time, more time, more time." How much more The people of the South love this country. In all the wars in time is needed in order that equality of justice may be applied which _this nation has engaged, no truer American patriots to the blacks as well as to the whites in America? · have been found than the people from the South. Mr. President, I regret that this Declaration has been filed, I, for one, shall seek to present the views of my people on because I respectfully say such a Declaration will not bring the floor of the Senate. I shall fight for them in whatever law­ about the unanimity of action we will need in order to help ful way I can. My hope is that consideration of our views will solve the school problem in the South. · · lead to understanding and that understanding will lead to a I close by saying a unanimous Supreme Court, which in­ rejection of practices contrary to the Constitution. cludes in its membership men with tl1e tradition of the Soutl1 in their veins, has at long last declared that all Americans are t Sen~to;-~:~:~ Morse) (~em~), of Oregon: The hour is equal, and that the flame of justice in America must burn as indeed historic. It has some of the characteristics of previous brightly in the homes of the blacks as in the homes of the historic hours in the Senate, when there was before this body whites. ' . · the great constitutional questions as to whether or not there ~ "- " was to be equality of justice for all Americans, irrespective of "5enator Hubert H. Humphrey 1 (Dem.), of Minnesota: race, color or creed. Mr: Pr-esioeiif,. thisisa truly sad, bewildering and difficult day If we will check into American history at the time of Mar­ in the Senate of the United States. This great body is sworn to bury against Madison, we will find a great similarity between uphold the Constitution of the United States. To be sure, on the arguments then made and the arguments made on the floor . every piece of legislation we make our own individual judg- of the Senate today. But in Marbury against Madison, decided ments as to whether or not we believe it is within the spirit in 1803, there was established the authority and the jurisdic­ and the letter of _our great document, the Constitution. tion of the Supreme Court to determine for all Americans, irre­ spective of color, race and creed, equality of rights under the Constitution. The supremacy of the Supreme Court in pass­ Court's Ruling: the Final Word ing on the constitutional questions was determined by that I do .feel, Mr. President, once the Supreme Cour,t of the decision. United States has spoken, not merely upon statutory law, but A unanimous Supreme Court has handed down a· decision upon constitutional law, that the presumption is, and should that makes it perfectly clear that under the Constitution of the be, that the order of the Court and the rule of the Court is United States there cannot be discrimination between white the law of the land~ to be obeyed and upheld. men and black men, so far as the Constitution is concerned. While I do not profess to be an expert in constitutional law, I say again today that the doctrine of interposition means I am familiar with the development of the doctrine of the nothing but nullification, and it means really a determination power and the right of the Supreme Court of the United States on the part of certa1n forces in this country to put themselves to encompass within its jurisdiction the responsibility for rul­ above the Supreme Court and above the Constitution. If the ing upon the constitutionality of State statutes which may or gentlemen from the South really want to take such action let may not be in conflict with the Constitution, the power and them propose a constitutional amendment that will deny to the responsibility and the right to rule upon federal statutes the colored people of the country equality of rights under the which may or may not be in conflict with the Constitution, Constitution, and see how far they will get with the American and finally the power of the Supreme Court to interpret and people. to apply the language of the Constitution itself. Mr. President, I recognize the problems of the South. Mr. President, the 14th Amendment is a part of the Con­ Unfortunately, I respectfully say, I think too many of our stitution of the United States. The fact that the 14th Amend­ Southern colleagues want to take the position that, because ment has not been applied in some specific instances through­ some of us may live in the North, · we have no appreciation out the past decades does not in any way weaken or vitiate of the problems of the South. That is contrary to the fact. But this power of law. That amendment is quite explicit in sec­ we have reached a point in our history when the great South tion 1. It reads: once again ,will have to determine whether we are to be gov­ All persons born or naturalized in the United States, and erned by law or whether we are to be governed or subverted subject to the jurisdiction thereof, are citizens of the United by the interposition doctrine which is the doctrine of nullifi­ States and of the State wherein they reside: cation. 0 0 e Mr. President, on the basis of the arguments of the pro­ I continue to read from section 1 of the 14th Amendment: ponents of the declaration of principles just submitted by a No State shall make or enforce any law which shall group of Southei-n Senators you would think today Calhoun abridge the privileges or immunities of citizens of the was walking and speaking on the floor of the Senate. United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; .nor deny to any person within its jurisdiction the equal protection "Decision Long Overdue" of the laws. I think that, as patriots all, those of us representing areas Mr. President,· this Amendment is all-important in our con­ outside the South need to sit down with our brethren repre­ stitutional structure. For years it has been interpreted and senting the South and see what we can do to solve, by rea­ primarily applied to the economic interests of our country, soned discussion, the great problem which the Supreme Court under the doctrine of what we call reasonableness, "due decision has created. But I first want to say I think it is a process of law" being interpreted as a reasonable rule of law. · correct decision, a sound decision, and a decision that was It was applied that way to economic m.atters and to large long overdue'. corporate interests. . I say, respectfully, the South has had all the time since the The Supreme Court, in the case involving school segrega­ War Between the S~ates to make this adjustment. That is why tion, applied the principle to citizens of the United States, to

102 U.S. NEWS & WORLD REPORT, March 23, 1956 U.S. News & World Report ·

11 11 • • • Humphrey: Supreme Court merely applied existing law human beings rather than corporate beings, to people rather Senator Richard L. Neub;;;j;r)(Dem.), of Oregon: I.think than property. the ident-should-call-a-White House conference of all the So, Mr. President, I must say with all due respect-and I Governors, Senators, and Representatives of the States in certainly respect the knowledge and experience of my col­ which the Supreme Court ruling is being defied. He should leagues-that the Supreme Court did not write the law; it confront them firmly but considerately with the fact that the merely applied existing constitutional law. It applied the nation now is faced with a choice between anarchy and the principle of human equality-:--equal treatment under the law rule of law. If the Constitution can be flouted in one realm, -Mr. President, which, since July 4, 1776, has been declared what of all other realms? as the fundamental tenet of our republic. In my opinion, the President ·of the United States must in- Furthermore, Mr. President, in its ruling the Supreme . trude into this situation his great inHuence and authority. Court took jurisdiction over one of the i:nost complex, diffi­ White House conference·s have been called on' matters of far ·cult, and trying questions of our ·time, 'namely,' segregation less importance than the preservation of our country's prestige in our public schools. I re-emphasize to my colleagues that the abroad and its unity and solidarity at home. issue of segregation and desegregation is within the jurisdic­ O· O O tion and the responsibility of the Supreme Court of the United In the House of Representatives the Southern Dec/oration States and the judicial process. I am pleased that it has been was introduced by Representative Howard W . Smith

U.S. NEWS & WORLD REPORT, March 23, 1956 103