10860 CONGRESSIONAL RECORD - SENATE July 3. the terms of' the 14th amendment of which Hampton Institute, founded in 1868 by the t:ept as specifically provided, -the powers of Stephen Girard never heard telL American Missionary Society for Negroes and the sovereignty of the States were reserved' This argument got nowhere in Pennsyl­ Indians. to the States. vania-at any rate in the State's law courts-­ There are hundreds of privately endowed · The question which I would like to leave for the Pennsylvania Supreme Court turned colleges, universities, charitable organiza­ with you is, "How far, and what is the pur­ it down on what most people would describe tions, and foundations which include public pose, of some of these decisions which would as the reasonable ground that the late Mr. officials on their board of trustees, ex officio; destroy the sovereignty of our States and set Girard had a right to will away his money many are wholly or partially exempt from up in place of our historical system of di­ as he chose, and that you couldn't sa~ely go taxation. Would not a home for aged and vided sovereignty a monolithic omnipotent around upsetting wills simply because they infirm Baptists ipso facto discriminate central government?" didn't suit pressure groups which turned up against aged and infirm Episcopalians, and Hitler said that his first 2 years in office a hundred years after the wills were made. on religious grounds to boot? were consumed in breaking down the power That seemed to settle it to the satisfaction Here is another facet to the Girard ruling: of the separate German States so that Ger­ of all except a group of ambitious politicians. Could it be extended to private institutions many could be governed effectively from This group took the Girard case into the or services other than educational ones? Berlin to establish national socialism. Federal courts and it is painful to record Could it, for example, be extended to cases There is much justifiable concern that the that the mayor of Philadelphia and the Gov­ where the State licenses an essential service original American constitutional system has ernor of Pennsylvania, far from resisting the such as those provided by doctors, lawyers, been impaired in three ways: efforts to upset a will of which they were pharmacists, architects, engineers, etc.? 1. By Executive usurpation of power. supposed to be trustees, actually joined the Maybe this sounds remote. However, in a California lawsuit decided a few weeks ago, a ' 2. By congressional abdication of power. movement to set it aside. 3. By decisions of the Supreme Court The real question, of course, was and is­ Negro brought a suit against a Los Angeles dentist who hadoorefused to treat him be­ which alter. the meaning of the Constitu­ "If a trustee happens to be an official of a tion. · city or State, when he acts as a trustee is he cause of his race. The plaintiff had argued that the dentist, as a publicly licensed prac­ - Day before yesterday I was visiting with a acting as the agent of the maker of the trust titioner of an essential service, was pro­ former president of the American Bar Asso­ or is he acting as the agent of the State?" hibited by constitutional principles from re-. ciation. Of course I was proud to advise him When one considers that no public funds fusing to accept him as a patient. that I was goirig to speak to the lawyers of were involved in the Girard College case, but While the California court ruled for the Minnesota today. When I gave him a brief the entire $100 million now in the fund are dentist, it did so at least partly in deference outline of what I was going to talk about, private funds, it seems that the answer to to the traditional reluctance of the courts to he said, "I hope y'ou will tell the lawyers the question should be obvious. interfere with the doctor-patient relation­ of Minnesota of my own concern over the A few miles down the pike from Girard ship. trend of the decisions of our United States in Pennsylvania is little Haverford College, The point ls that the question has been Supreme Court." a 125-year-old Quaker school. Haverford has raised and has actually gone to court. The He said further, "I hope you will tell the been wrestling with the problem of whether argument has been made. In future cases lawyers of Minnesota that I am fearful of or not to accept a grant of Defense Depart­ of this kind, the apparent public interest the weakness of lawyers in not standing ment funds for research in organic chem­ doctrine of the Girard College case might be up for what are important principles, not istry. However, Haverford discriminates. It advanced in an effort to strengthen that only of our Constitution but the matter of discriminates on the basis of sex and, to a argument. appointment of judges." degree, religion. I have no doubt that Girard College will For example, he said, "I will say to a So the question is, If Haverford accepts welcome Negro boys since it is required to · member of the bar 'are you in favor of so­ Federal money for research, does the Gov­ accept them. But when courts undertake to and-so for a Federal judgeship?' The law­ ernment-on the theory of public interest decide issues which ought to be decided by yers will say, 'Heavens no.' Then I wili similar to the Girard case-have the power the people and their elected representatives, say, 'Well, come along with me and oppose to stop any discrimination in favor of male confusion and conflict are inevitable. the appointment.' The lawyer will usually Quaker students? If it is necessary to imperil the whole in­ say, 'Oh, I can't do that, I may have a case Such well-known private schools as Har­ stitution of inheritance in order to accom­ before him.' And the man gets the appoint­ vard, Yale, Princeton, Dartmouth, Notre modate perhaps two dozen Negro boys in a ment.'' Dame, California Institute of Technology, privately endowed school, why not let the It is trite to say that eternal vigilance Case Institute of Cleveland, and others are .State legislature do it? In such circum­ · is the price of liberty. further examples of schools outside the stances the citizens would at least have an Deep South which practice some degree of The right is one which rests with every opportunity to learn what the issue was. If citizen-it is ·not just the responsibility of discrimination based on either sex or reli­ they decided to go ahead with the wrecking gion, and which are apt to have formal rela­ anyway, nobody could say, as a good many Congress or the executive or the judiciary: tionships with Government from time to people are beginning to say, that the threat It is as inherent in the individual and the time. to our institutions is less from the Commu­ collective membership of this bar associa­ Are their scholastic and administrative pol­ nists than from a Supreme Court so dedi­ tion. If you are vacillating, indifferent, or icies subject to the 14th amendment? cated to sociology as to be startlingly in­ without courage, then the greatest Republic Then there is Tuskegee Institute, founded different to constitutional tradition. in the history of the world will fall, not from ln 1880 by that great Negro leader, Booker Under our Constitution, our forefathars its enemies without but from its enemies T. Washington, for Negroes, not to mention most wisely provided in substance that, ex- :within. of the regal and precious things which the Senate, each with an amendment, SENATE ennoble life and crown it with glory. In in which it requested the concurrence of the Redeemer's name we ask it. Amen. the Senate: WEDNESDAY, JULY 3, 1957 S. 749. An act for the relief of Loutfie The Chaplain, Rev. Frederick Brown THE JOURNAL Kalil Noma (also known as Loutfie Siemon Harris, D. D., offered the following Noma or Loutfie Noama) ; and prayer: On request of Mr. MANSFIELD, and by S.1799. An act to facilitate the payment unanimous consent, the Journal of the of Government checks, and for other pur­ o Lord God, who knowest the burdens proceedings of Tuesday, July 2, 1957, was poses. we bear, the tasks we face, and the approved, and its reading was dispensed The message also announced that the problems which confront us: Grant us, with. we pray, the royalty of inward content House had passed the following bills and which comes only from uncompromising joint resolutions, in which it requested personal integrity and the calm com­ MESSAGES FROM THE PRESIDEN~ the concurrence of the Senate: posure which is the reward of doing al­ Messages in writing from the Presi­ H. R. 1259. An act to clear the title to cer­ ways the things which please Thee. So tain Indian land; dent of the United States were com­ ' H. R. 1339. An act for the relief of the let the spirit of joyous service dwell in municated to the Senate by Mr. Miller, our hearts, that we may carry about the Malowney Real Estate Co., Inc.: one of his secretaries. H. R. 1424. An act for the relief of Sylvia. infection of a good courage, meeting all Ottila. Teny1; , life's tests with gallant-hearted devo­ MESSAGE FROM THE HOUSE ~ H. R.1473. An act for the relief of Rich;­ tion and dedication to the highest.