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HEARINGS

BEFORE THE

COMMITTEE ON COMMERCE
UNITED STATES SENATE

EIGHTY-EIGHTH CONGRESS

FIRST SESSION

ON

S. 1732

A BILL TO ELIMINATE DISCRIMINATION IN PUBLIC ACCOM-

MODATIONS AFFECTING INTERSTATE COMMERCE

PART 3 (APPENDIX)

Serial 40

Printed for the use of the Committee on Commerce

U.S. GOVERNMENT PRINTING OFFICE

21-544

WASHINGTON : 1964

For sale by the Superintendent of Documents, U.S. Government Printing Office

Washington, D.C., 20402 - Price 25 cents

COMMITTEE ON COMMERCE

WARREN G. MAGNUSON, Washington, Chairman JOHN O. PASTORE, Rhode Island

NORRIS COTTON, New Hampshire A. S. MIKE MONRONEY, Oklahoma

THRUSTON B, MORTON, Kentucky STROM THURMOND, South Carolina HUGH SCOTT, Pennsylvania FRANK J. LAUSCHE, Ohio

WINSTON L. PROUTY, Vermont RALPH YARBOROUGH, Texas

J. GLENN BEALL, Maryland
CLAIR ENGLE, California
E. L. BARTLETT, Alaska
VANCE HARTKE, Indiana
GALE W. MCGEE, Wyoming
PHILIP A. HART, Michigan
HOWARD W. CANNON, Nevada

EDWARD JARRETT, Chief Clerk
RALPH W. HORTON, Assistant Chief Clerk

GERALD B. GRINSTEIN, Chief Counsel
JEREMIAH J. KENNEY, Jr., Assistant Chief Counsel

II

CONTENTS

Statement submitted by-

The Association of the Bar of the City of New York, Committee on Page

Federal Legislation, Fred N. Fishman, chairman, 42 West 44th 1525

Street, New York, N.Y.-

American Vegetarian Party, 353 West 48th Street, New York, N.Y.- 1536

The Commonwealth of Massachusetts, Commission Against Discrimi-

nation, Oswald L. Jordan, acting executive secretary, 41 Tremont

Street, Boston, Mass.-

1542

Council for Christian Social Action of the United Church of Christ,

Ray Gibbons, director, 289 Park Avenue South, New York, N.Y.. 1548

Cutts, John A., III, 2 Meeting Street, Georgetown, S.C.

1551

Department of Justice, Civil Rights Division, Hon. Burke Marshall,

Assistant Attorney General, Washington, D.C.

1553

Emerson, Prof. Thomas I., Yale University Law School, New Haven,

Conn..

1555

Fordham, Dean Jefferson, University of Pennsylvania Law School,

3400 Chestnut Street, Philadelphia, Pa., and joint letter signed by

35 law school deans and professors at 8 major universities -

1556

Green, Prof. John P., University of Houston, Department of Political

Science, Cullen Boulevard, Houston, Tex_-

1557

Kerner, Hon. Otto, Governor of the State of Illinois, Office of the

Governor, Springfield, Ill.

1563

National Community Relations Advisory Council, Lewis N. Weinstein,

chairman, 55 West 42d Street, New York, N.Y..

1564

The National Council, Episcopal Church Center, 815 Second Avenue,

New York, N.Y---

1569

National Retail Merchants Association, John C. Hazen, vice president-

government, 1317 F Street, NW., Washington, D.C..

1571

Pittman, C. C., Pittman & Crowe, Box 83, Noble Building, Carterville,

Gand

1571

Rostow, Dean Eugene V., Yale University Law School, New Haven,

Conn.

1574

United Church Board for Homeland Ministries, Division of Christian

Education, Edward A. Powers, general secretary, 1505 Race Street,

Philadelphia, Pa---

1575

III

CIVIL RIGHTS-PUBLIC ACCOMMODATIONS

APPENDIX

THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK,
COMMITTEE ON FEDERAL LEGISLATION,

August 23, 1963. Memorandum to Members of the Senate Committees on Commerce and the

Judiciary and the House Committee on the Judiciary: Enclosed is a copy of the report of the committee on Federal legislation of the association on proposed Federal civil rights laws relating to public accommodations.

It is contemplated that this report, along with a report on other aspects of the proposed civil rights law now pending in Congress, will be published in due course in our Federal Legislation Bulletin and sent to all Members of Congress in accordance with our customary practice.

We are sending this copy of the report to you in advance of such publication, because the public accommodations legislation is before your committees, and we thought that you might find it helpful to have the report at this time. Sincerely yours,

FRED N. FISHMAN, Chairman.

REPORT ON PROPOSED FEDERAL CIVIL RIGHTS LAWS RELATING TO

PUBLIC ACCOMMODATIONS

INTRODUCTION

This report is addressed to certain bills presently before Congress to eliminate discrimination in public accommodations, and to establish causes of action by private individuals and the Attorney General to prevent such discrimination.

We have considered principally the provisions comprising title II of the proposed Civil Rights Act of 1963, introduced by Senator Mansfield and others as S. 1731, 88th Congress, 1st session, and by Representative Celler as H.R. 7152, 88th Congress, 1st session. Senator Mansfield and others have also introduced substantially the same provisions as title II in a separate bill, S. 1732, the proposed Interstate Public Accommodations Act of 1963. Other bills dealing with this problem have been introduced by a substantial number of other Senators and Representatives, including S. 1591 introduced by Senators Dodd and Cooper and others, and H.R. 6720 introduced by Representative Lindsay and by others in the same form. S. 1731 and H.R. 7152 were proposed by President Kennedy in a special message to Congress on June 19, 1963, which stated that the public accommodations provisions are designed “to guarantee all citizens equal access to the services and facilities of hotels, restaurants, places of amusement, and retail establishments” (New York Times, June 20, 1963, p. 16, col. 4).

Title II of S. 1731 invokes the powers of Congress under both the commerce clause and the 14th amendment of the Constitution, with chief reliance placed upon the commerce clause, and with the operative sections, as introduced, relying solely on the commerce clause. S. 1591 and H.R. 6720 are based upon the 14th amendment, and proposals have been made to amend title II to place greater operative reliance upon the 14th amendment.

Title II now provides that all persons shall be entitled "without discrimination or segregation on account of race, color, religion, or national origin, to the full and equal enjoyment of the goods, services, facilities, privileges, advantages,

1 Unless otherwise indicated the references to the proposed legislation in this report refer to title II of S. 1731, the full text of which is attached hereto as an appendix.

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