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Article, "School Racial Balance Plan Upset by Court," from the Washing-
ton Star, September 7, 1963_
by the Legislative Reference Service and submitted by Senator Keating.
Hon. Robert F. Kennedy, Attorney General of the United States,
Rights Division, Department of Justice-
117, 155, 175, 208, 237, 267, 333, 393
Hon. Roman L. Hruska, a U.S. Senator from the State of Nebraska-- 75
CIVIL RIGHTS—THE PRESIDENT'S PROGRAM, 1963
TUESDAY, JULY 16, 1963
Washington, D.C. The committee met, pursuant to call, at 10:45 a.m., in room G-308, Now Senate Office Building, Senator James O. Eastland (chairman) presiding.
Present: Senators Eastland, Kefauver, Johnston, McClellan, Ervin, Dodd, Hart, Long of Missouri, Kennedy, Dirksen, Hruska, and Keating.
Also present: L. P. B. Lipscomb, and Robert Young, professional staff members.
The CHAIRMAN. The committee will come to order.
The purpose of today's hearing, and the necessary subsequent ones, is to consider the various civil rights proposals that have been introduced in the 88th Congress and referred to this committee.
S. 1731 embraces most of the recommendations that were transmitted to the Congress by the President in his messages of February 28, 1963, and June 19, 1963. S. 1750 likewise contains these recommendations, with the exception of the preamble to S. 1731 and the title on injunctive relief against discrimination in public accommodations.
We are pleased to have with us today the Attorney General of the United States, Hon. Robert F. Kennedy, who has been invited to appear and testify in regard to the provisions of S. 1731 and S. 1750. The text of these proposed bills will be set out in the record of the hearings at this point (The bills, S. 1731 and S. 1750, referred to, are as follows:)
[S. 1731, 88th Cong., 1st sess.] A BILL To enforce the constitutional right to vote, to confer jurisdiction upon the district
courts of the United States to provide injunctive relief against discrimination in public accommodations, to authorize the Attorney General to institute suits to protect constitutional rights in education, to establish a Community Relations Service, to extend for four years the Commission on Civil Rights, to prevent discrimination in federally assisted programs, to establish a Commission on Équal Employment Opportunity, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the “Civil Rights Act of 1963."
SEC. 2. (a) Discrimination by reason of race, color, religion, or national origin is incompatible with the concepts of liberty and equality to which the Government of the United States is dedicated. In recent years substantial steps have been taken toward eliminating such discrimination throughout the Nation. Nevertheless, many citizens of the United States, solely because of their race, color, or national origin, are denied rights and privileges accorded to other citizens and thereby subjected to inconveniences, humiliations, and hardships. Such discrimination impairs the general welfare of the United States by prevent
ing the fullest development of the capabilities of the whole citizenry and by limiting participation in the economic, political, and cultural life of the Nation.
(b) It is hereby declared to be the policy of this Act to promote the general welfare by eliminating discrimination based on race, color, religion, or national origin in voting, education, and public accommodations through the exercise by Congress of the powers conferred upon it to regulate the manner of holding Federal elections, to enforce the provisions of the fourteenth and fifteenth amendments, to regulate commerce among the several States, and to make laws necessary and proper to execute the powers conferred upon it by the Constitution.
(c) It is also desirable that disputes or disagreements arising in any community from the discriminatory treatment of individuals for reasons of race, color, or national origin shall be resolved on a voluntary basis, without hostility or litigation. Accordingly, it is the further purpose of this Act to promote this end by providing machinery for the voluntary settlement of such disputes and disagreements.
TITLE I-VOTING RIGHTS SEC. 101. Section 2004 of the Revised Statutes (42 U.S.C. 1971), as amended by section 131 of the Civil Rights Act of 1957 (71 Stat. 637), and as further amended by section 601 of the Civil Rights Act of 1960 (74 Stat. 90), is further amended as follows:
(a) Insert “1” after “(a)” in subsection (a) and add at the end of subsection (a) the following new paragraphs: “(2) No person acting under color of law shall
“(A) in determining whether any individual is qualified under State law to vote in any Federal election apply any standard, practice, or procedure different from the standards, practices, or procedures applied to individuals similarly situated who have been found by State officials to be qualified to vote.
“(B) deny the right of any individual to vote in any Federal election because of an error or omission of such individual on any record or paper relating to any application, registration, payment of poll tax, or other act requisite to voitng, if such error or omission is not material in determining whether such individual is qualified under State law to vote in such election; or
“(C) employ any literacy test as a qualification for voting in any Federal election unless (i) such test is administered to each individual wholly in writing and (ii) a certified copy of the test and of the answers given by the individual is furnished to him within twenty-five days of the submission of his written request made within the period of time during which records and papers are required to be retained and preserved pursuant to title III
of the Civil Rights Act of 1960 (42 U.S.C. 1974-74e ; 74 Stat. 88). “(3) For purposes of this subsection
“(A) the term 'vote' shall have the same meaning as in subsection (e) of this section;
"(B) the words 'Federal election shall have the same meaning as in subsection (f) of this section; and
“(C) the phrase 'literacy test includes any test of the ability to read, write, understand, or interpret any matter." (b) Insert immediately following the period at the end of the first sentence of subsection (c) the following new sentence: “If in any such proceeding literacy is a relevant fact it shall be presumed that any person who has not been adjudged an incompetent and who has completed the sixth grade in a public school in, or a private school accredited by, any State or territory or the District of Columbia where instruction is carried on predominantly in the English language, possesses sufficient literacy, comprehension, and intelligence to vote in any Federal election as defined in subsection (f) of this section."
(c) Add the following subsection “(f)” and designate the present subsection “(f)” as subsection “(g)”:
" (f) Whenever in any proceeding instituted pursuant to subsection (c) the complaint requests a finding of a pattern or practice pursuant to subsection (e), and such complaint, or a motion filed within twenty days after the effective date of this Act in the case of any proceeding which is rending before a district court on such effective date, (1) is signed by the Attorney General (or in his absence the Acting Attorney General), and (2) alleges that in the affected area fewer than 15 per centum of the total number of voting age persons of the same race as the persons alleged in the complaint to have been discriminated against are registered (or otherwise recorded as qualified to vote), any person resident within the affected area who is of the same race as the persons alleged to have been discriminated against shall be entitled, upon his application therefor, to an order declaring him qualified to vote, upon proof that at any election or elections (1) he is qualified under State law to vote, and (2) he has since the filing of the proceeding under subsection (c) been (A) deprived of or denied under color of law the opportunity to register to vote or otherwise to qualify to vote, or (B) found not qualified to vote by any person acting under color of law. Such order shall be effective as to any Federal or State election held within the longest period for which such applicant could have been registered or otherwise qualified under State law at which the applicant's qualifications would under State law entitle him to vote: Provided, That in the event it is determined upon final disposition of the proceeding, including any review, that no pattern or practice of deprivation of any right secured by subsection (a) exists, the order shall thereafter no longer qualify the applicant to vote in any subsequent election.
"Notwithstanding any inconsistent provision of State law or the action of any State officer or court, an applicant so declared qualified to vote shall be permitted to vote as provided herein. The Attorney General shall cause to be transmitted certified copies of any order declaring a person qualified to vote to the appropriate election officers. The refusal by any such officer with notice of such order to permit any person so qualified to vote at an appropriate election shall constitute contempt of court.
"An application for an order pursuant to this subsection shall be heard within ten days, and the execution of any order disposing of such application shall not be stayed if the effect of such stay would be to delay the effectiveness of the order beyond the date of any election at which the applicant would otherwise be enabled to vote.
"The court may appoint one or more persons, to be known as temporary voting referees, to receive applications pursuant to this subsection and to take evidence and report to the court findings as to whether at any election or elections (1) any applicant entitled under this subsection to apply for an order declaring him qualified to vote is qualified under State law to vote, and (2) he has since the filing of the proceeding under subsection (c) been (A) deprived of or denied under color of law the opportunity to register to vote or otherwise to qualify to vote, or (B) found not qualified to vote by any person acting under color of law. The procedure for processing applications under this subsection and for the entry of orders shall be the same as that provided for in the fourth and fifth paragraphs of subsection (e).
"In appointing a temporary voting referee the court shall make its selection from a panel provided by the judicial conference of the circuit. Any temporary voting referee shall be a resident and a qualified voter of the State in which he is to serve. He shall subscribe to the oath of office required by section 1757 of the Revised Statutes (5 U.S.C. 16), and shall to the extent not inconsistent herewith have all the powers conferred upon a master by rule 53(c) of the Federal Rules of Civil Procedure. The compensation to be allowed any persons appointed by the district court pursuant to this subsection shall be fixed by the court and shall be payable by the United States. In the event that the district court shall appoint a retired officer or employee of the United States to serve as a temporary voting referee, such officer or employee shall continue to receive, in addition to any compensation for services rendered pursuant to this subsection, all retirement benefits to which he may otherwise be entitled.
“The court or temporary voting referee shall entertain applications and the court shall issue orders pursuant to this subsection until final disposition of the proceeding under subsection (c), including any review, or until the finding of a pattern or practice pursuant to subsection (e), whichever shall first
Applications pursuant to this subsection shall be determined expeditiously, and this subsection shall in no way be construed as a limitation upon the existing powers of the court.
"When used in this subsection, the words 'Federal election' shall mean any general, special, or primary election held solely or in part for the purpose of electing or selecting any candidate for the office of President, Vice President, presidential elector, Member of the Senate, or Member of the House of Representatives; the words 'State election' shall mean any other general, special, or primary election held solely or in part for the purpose of electing or selecting