CIVIL RIGHTS-1959 WEDNESDAY, MARCH 18, 1959 U.S. SENATE, SUBCOMMITTEE ON CONSTITUTIONAL RIGHTS Washington, D.C. The subcommittee met, pursuant to call, at 10:15 a.m., in room 1202, New Senate Office Building, Hon. Joseph C. O'Mahoney (acting chairman) presiding. Present: Senator O'Mahoney, Johnston, Ervin, McClellan, Langer, and Carroll. Also present: Charles H. Slayman, Jr., chief counsel and staff director, and J. Delmas Escoe, assistant counsel. Senator O'MAHONEY. In order that the committee may proceed with the hearing, although we do not yet have a quorum of the committee present, without objection I shall call the committee now present to order. We can proceed with the hearing, of course. Two other Senators are on their way. The agenda, which has been laid before me, names the witnesses for this morning as Senator Javits of New York and Senator Thurmond of South Carolina. We are all sorry that Senator Hennings, chairman of the Constitutional Rights Subcommittee, is in the hospital, and therefore cannot be here this morning to preside at this hearing. It is the first of this year's scheduled Senate committee hearings on Federal civil rights proposals. Senator Hennings has indicated that he does not wish his illness to delay carrying out the schedule previously agreed to by the subcommittee without any dissenting vote. I am serving as acting chairman today by request. Unless there is objection, I shall ask that the texts of the bills referred to the subcommittee to date, a public statement by the chairman announcing these hearings, and the official notice of this hearing, which was printed in the Congressional Record, all be made a part of the record of this hearing at this point. (The documents follow :) [From the Congressional Record, Thursday, Mar. 5, 1959; vol. 105, No. 36, p. 2953, daily edition] NOTICE OF PUBLIC HEARINGS BY SENATE CONSTITUTIONAL RIGHTS SUBCOMMITTEE ON CIVIL RIGHTS BILLS Mr. HENNINGS. Mr. President, as chairman of the Standing Subcommittee on Constitutional Rights of the Committee on the Judiciary, I wish to announce that the subcommittee has agreed to begin public hearings on Federal civil rights proposals on Wednesday morning, March 18, 1959. 1 The hearing is set for 10 a.m., in room 318 (the caucus room), of the Old Senate Office Building, Washington 25, D.C. The following are the bills referred to the subcommittee to date: S. 435, S. 456, S. 499, S. 810, S. 957, S. 960, and S. 1084. The following is the general order for appearances of witnesses: U.S. Senators, sponsoring, supporting, or opposing legislation; the Attorney General of the United States, and other executive department spokesmen; representatives of organizations supporting legislation; State officials (Governors and attorneys general); representatives of organizations opposing legislation; individuals. Anyone wishing to testify or file a statement for the record should communicate immediately with the office of the Senate Constitutional Rights Subcommittee so that the schedule of witnesses can be prepared, the telephone number is REpublic 7-7500 (or Government code 181), extension 2363. It would be helpful if requests were also submitted in writing, the mailing address is: Senate Constitutional Rights Subcommittee, U.S. Senate, Washington 25, D.C. [From the office of the Senate Constitutional Rights Subcommittee, for immediate release, February 3, 1959] SENATOR HENNINGS ANNOUNCES DATE OF CIVIL RIGHTS HEARINGS BY SENATE CONSTITUTIONAL RIGHTS SUBCOMMITTEE Washington, D.C., February 3, 1959.-U.S. Senator Thomas C. Hennings, Jr., Democrat of Missouri, chairman of the Senate Constitutional Rights Subcommittee, announced that the subcommittee had set Wednesday, March 18, 1959, as the date on which it intends to begin public hearings on the civil-rights bills pending before it. Senator Hennings stated: "Yesterday afternoon the Senate approved the resolution providing funds for the operation of the Constitutional Rights Subcommittee during the coming year. This morning, at my request, the subcommittee held an organizational meeting to discuss proposed activities and future plans. It was agreed that public hearings should be scheduled to begin Wednesday, March 18, 1959, on the various civil-rights proposals assigned to the subcommittee." Senator Hennings said that he had hoped that public hearings on all pending civil-rights legislation could be commenced and completed at an early date, and that the March 18 date was voted on by the subcommittee after several members noted that no bill had been received yet from the administration, and that one was expected. Hennings said: "In view of the seemingly authoritative press reports in recent weeks that the administration has been working on some sort of a civil-rights bill, the subcommittee approved the March 18 date in order to have sufficient time to circulate and consider not only the civil-rights bills which already have been introduced in the Senate, but any proposal the administration cares to make. If an administration bill is forthcoming, I hope we see it soon, since otherwise there might be additional delay." Senator Hennings indicated that the Constiutional Rights Subcommittee also plans to proceed with the various studies and investigations he announced yesterday as part of the subcommittee's program for the coming year. These include: (1) freedom of information in Government and the alleged "Executive privilege" (2) wiretapping, eavesdropping, and the Bill of Rights; (3) the rights of persons, particularly civilians, subject to American military jurisdic tion; (4) adequate provisions for protecting the constitutional right to legal counsel in Federal courts; (5) a national survey of the current status of constitutional rights; and (6) fair hearing procedures for Federal job applicants. [S. 435, 86th Cong., 1st sess.] A BILL To amend the Civil Rights Act of 1957 to provide that the Civil Rights Commission shall have until January 2, 1961, to submit its report, findings, and recommendations Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 104 (b) of the Civil Rights Act of 1957 is amended by striking out "two years from the date of enactment of this Act," and inserting in lieu thereof "January 2, 1961." [S. 456, 86th Cong., 1st sess.] A BILL To amend part III of the Civil Rights Act of 1957 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That part III of the Civil Rights Act of 1957 (71 Stat. 637) is amended by adding at the end thereof the following new section: "SEC. 123. (a) The Attorney General is authorized, upon written complaint or information on oath or affirmation of any person who is subject to or threatened with the loss of his right to equal protection of the laws by reason of race, color, religion, or national origin, and who is unable because of financial inability or other reason effectively to prosecute a Federal civil proceeding on his own behalf, to institute for or in the name of the United States, a civil action or other proceeding for preventive relief, including an application for an injunction or other order, against any person or persons acting under color of any statute, ordinance, regulation, custom, or usage of any State or Territory, or subdivision or instrumentality thereof, or who conspires with such person or persons, to deprive or threaten to deprive any person of his rights to equal protection of the laws by reason of his race, color, religion, or national origin. "(b) The Attorney General is hereby authorized, upon written request of the duly constituted authorities of any State or Territory, or municipality, subdivision, or instrumentality thereof, to institute for or in the name of the United States, a civil action or other proceeding for preventive relief, including an application for an injunction or other order, against any two or more persons who conspire through violence, threats, or otherwise to prevent or hinder such duly constituted authorities from giving or securing to any person his right to equal protection of the laws. "(c) The district courts of the United States shall have jurisdiction of proceedings instituted pursuant to this section and shall exercise the same without regard to whether any administrative or other remedies that may be provided by law shall have been exhausted. In any proceeding hereunder the United States shall be liable for costs the same as a private person. "(d) Nothing in this section shall impair any right secured by the Constitution and laws of the United States, or any remedies already existing for their protection and enforcement." [S. 499, 86th Cong., 1st sess.] A BILL To establish a Community Relations Service to provide conciliation assistance in communities where disagreements or difficulties among citizens are disrupting, or are threatening to disrupt, the peaceful life of the community; to extend the Commission on Civil Rights; to provide further means of securing and protecting the right to vote; and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I-COMMUNITY RELATIONS SERVICE STATEMENT OF PURPOSE SEC. 101. The Congress recognizes that the requirements of the Constitution of the United States, and of the laws enacted pursuant thereto, are giving rise, or may give rise, to disagreements in communities in the various States disruptive to peaceful relations among the citizens of such communities. The use of force in any manner as a means of trying to solve these disagreements not only fails to produce satisfactory solutions but also tends to aggravate the disagreements and to create new problems. Frequently the citizens who are involved in or affected by any such disagreement lack a satisfactory means of communicating with one another and of expressing their views directly to citizens of opposing views. As a result, a mutually satisfactory solution to the problems caused by the disagreement is made difficult, and sometimes impossible, of attainment. It is the purpose of this title to establish a Federal service which will be available to the citizens of the communities in the States to provide assistance in conciliating these disagreements and in eliminating the problems ensuing therefrom. COMMUNITY RELATIONS SERVICE; DUTY AND FUNCTION SEC. 102. (a) There is hereby established as an independent agency of the Government a Community Relations Service (hereafter in this title referred to as the "Service"). It shall be the duty of the Service, subject to the provisions of this title, to provide conciliation assistance in communities where (1) disagreements or difficulties regarding the laws or Constitution of the United States, or (2) disagreements or difficulties which affect or may affect interstate commerce, are disrupting, or are threatening to disrupt, peaceful relations among citizens of such communities. (b) The activities of all offiecrs and employees of the Service in providing conciliation assistance under this title shall be conducted in confidence and without publicity, and they shall not be obliged to disclose any information acquired in the regular course of performing their duties. COOPERATION WITH STATE, LOCAL, AND PRIVATE AGENCIES SEC. 103. (a) The Service shall whenever possible in the course of providing conciliation assistance seek and utilize the cooperation of the agencies of the State or States, or local subdivisions thereof, in which is located the community which is affected by the differences which are the subject of such conciliation assistance. (b) The Service may, in the course of providing conciliation assistance, seek and utilize the cooperation of any nonpublic agency which he believes may be helpful. OFFICERS AND EMPLOYEES SEC. 104. a) The Service shall be headed by a Director who shall be appointed by the President by and with the advice and consent of the Senate. The Director shall serve for a term of four years and until his successor is appointed and qualified. The Director shall receive compensation at a rate of $20,000 per year. (b) There shall be five Assistant Directors who shall be appointed by the President by and with the advice and consent of the Senate. Each Assistant Director shall serve for a term of four years and until his successor is appointed and qualified; except that of the members first appointed, one shall serve for a term of one year, one for a term of two years, one for a term of three years, and two for a term of four years. Each Assistant Director shall receive compensation at a rate of $17,500 per annum. Each Assistant Director shall perform such duties and functions as may be assigned to him, or delegated to him, by the Director. The Director is authorized to delegate to the Assistant Directors such of his powers and duties as he deems advisable. (c) The Director is authorized to appoint and fix the compensation, in accordance with the civil service laws and regulations and the Classification Act of 1949, of such technical, clerical, and other assistants as may be necessary to carry out the duties and functions of the Service under this title. The number of assistants so appointed shall not exceed 100 at any time. PRINCIPAL OFFICE: REGIONAL OFFICES SEC. 105. (a) The principal office of the Service shall be in the metropolitan area of Washington, but the Director may establish such regional offices, not exceeding five, as he deems necessary to carry out the duties and functions of the Service. (b) Each regional office established pursuant to subsection (a) shall be headed by an Assistant Director. REPORTS TO CONGRESS SEC. 106. Subject to the provisions of section 102(b), the Director shall, on or before January 31 of each year, submit to the Congress a report of the activities of the Service during the preceding fiscal year. Such report shall also contain information with respect to the internal administration of the Service and may contain recommendations for legislation necessary for improvements in such internal administration. APPROPRIATIONS Sec. 107. There are authorized to be appropriated such sums as may be necessary to carry out this title. |