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secured by section 202, or (e) incite or aid or abet any person to do any of the foregoing.
CIVIL ACTION FOR PREVENTIVE RELIEF
SEC. 204. (a) Whenever any person has engaged or there are reasonable grounds to believe that any person is about to engage in any act or practice prohibited by section 203, a civil action for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order, may be instituted (1) by the person aggrieved, or (2) by the Attorney General for or in the name of the United States if he certifies that he has received a written complaint from the person aggrieved and that in his judgment (i) the person aggrieved is unable to initiate and maintain appropriate legal proceedings and (ii) the purposes of this title will be materially furthered by the filing of an action.
(b) In any action commenced pursuant to this title by the person aggrieved, he shall if he prevails be allowed a reasonable attorney's fee as part of the costs.
(c) A person shall be deemed unable to initiate and maintain appropriate legal proceedings within the meaning of subsection (a) of this section when such person is unable, either directly or through other interested persons or organizations, to bear the expense of the litigation or to obtain effective legal representation; or when there is reason to believe that the institution of such litigation by him would jeopardize the employment or economic standing of, or might result in injury or economic damage to, such person, his family, or his property.
(d) In case of any complaint received by the Attorney General alleging a violation of section 203 in any jurisdiction where State or local laws or regulations appear to him to forbid the act or practice involved, the Attorney General shall notify the appropriate State and local officials and, upon request, afford them a reasonable time to act under such State or local laws or regulations before he institutes an action. In the case of any other complaint alleging a violation of section 203, the Attorney General shall, before instituting an action, refer the matter to the Community Relations Service established by title IV of this Act, which shall endeavor to secure compliance by voluntary procedures. No action shall be instituted by the Attorney General less than thirty days after such referral unless the Community Relations Service notifies him that its efforts have been unsuccessful. Compliance with the foregoing provisions of this subsection shall not be required if the Attorney General shall file with the court a certificate that the delay consequent upon compliance with such provisions in the particular case would adversely affect the interests of the United States, or that, in the particular case, compliance with such provisions would be fruitless.
JURISDICTION SEC. 205. (a) The district courts of the United States shall have jurisdiction of proceedings instituted pursuant to this title and shall exercise the same without regard to whether the aggrieved party shall have exhausted any administrative or other remedies that may be provided by law.
(b) This title shall not preclude any individual or any State or local agency from pursuing any remedy that may be available under any Federal or State law, including any State statute or ordinance requiring nondiscrimination in public establishments or accommodations.
AMERICAN VEGETARIAN PARTY,
New York, N.Y., August 5, 1963. Hon. JOHN O. PASTORE, Chairman on the Committee of Civil Rights Legislation Hearings, U.S. Senate, Washington, D.C.
MY DEAR SENATOR PASTORE: I am availing myself of your invitation to submit the views of the American Vegetarian Party in the matter of this legislation bearing on the constitutional rights of 10 percent of our American citizens who have been denied their privileges accorded to their white fellow-citizens for so many decades that it will be a difficult matter no matter what legislation is passed to equate their sufferings and the indignities that have been imposed upon them with the law as finally enacted.
Nevertheless we all realize that our country must take a radical step and virtually a fundamental “declaration of independence" attitude which will
demonstrate to the world at large especially the emerging nations of Africa that we possess the civic and moral stamina to make up for the devastating delinquencies which certain sectors of our Nation have persisted in exhibiting their inhuman phobias and prejudices and even the so-called liberal northern sector are also guilty of an attitude toward their Negro fellow-citizens which is not to their credit when assayed from the standpoint of true Americanism and Jeffersonian humanitarianism that is consonant with our Bill of Rights, the Ten Commandments, the Christian religion and other vaunted principles which the "white" race in its varied echelons cling to and manifest in the abstract but which they have failed to live up to in the actual.
Our position in the matter is set forth herewith without qualification and further we feel that a special fund should be arranged for as part of the final legislation which can be construed properly as retribution for the delinquencies and deficiencies of our Government and certain elements of its population; this fund to be employed to aid our Negro citizens to develop those skills and qualities which would enable them to compete on an equal basis with their "white” fellow citizens who have had the advantages denied them for so many decades. Then and only then can it be said that we have basically rectified a situation which has plagued most of us in the depths of our conscience and which have made of our boasted claims a de-mock-cracy.
I know from my intimate contacts with many Negro fellow-beings that they possess the initiative and qualities which are lacking in many of our favored citizens. I know that there resides in this vast body of citizens an untapped reservoir of great qualities that can contribute immeasurably to the progress of our country if given the opportunity and aid which they well deserve to demonstrate and develop these potentials. Therefore, it will be to the everlasting shame of our legislators if they will indulge in quibbling debates when discussing this great and inescapable moral responsibility which all of us must accept and discharge on the highest level of social and civic ethicality. Sincerely yours,
DECLARATION OF CIVIL RIGHTS PLATFORM OF THE AMERICAN VEGETARIAN PARTY
These segregation and discriminatory practices when forced upon our Negro fellow-citizens, especially the young, have the inevitable result of planting within them seeds of aversion, repugnance, and hatred in these immature minds which later must develop and flourish into a state of abhorrence bordering on reactions which sooner or later must and will find their vent and expression in acts of violence bordering on revolution.
We are now faced with this stage where the constant escalation of continued acts and decrees denying 20 million of our fellow Americans the rights and privileges which all Americans should possess and enjoy as a matter of course is compelling large groups of these outraged Americans to consider courses of action which may pull the pillars which support our democratic temple from their foundation and bring down upon guilty and innocent alike the dire results of these conditions which have been permitted to ferment and generate to the explosive stage.
Nine years ago, the Supreme Court, by a unanimous decision ruled that segregation should cease in school and college. These nine members of the highest court in the land by virtue of their oath of office, inspired by truth, justice, and honesty of opinion based on legality of reasoning, arrived at this ultimate judgment after long deliberations as their decision indicated. They may have been inspired by the dictum of Edmund Burke who envisioned a nation as a partnership "between those who are dead, those who are living, and those who are to be born." It is in this continuity of existence of which our Negro citizens are an integral part that our judicial savants have embraced this vital segment of our social system and decreed that these segregatory conditions must be exculpated like a cancer that has too long been permitted to exist and proliferate in various strata of our society. They realize as do all forward-looking Americans and officials of our Government that we cannot present ourselves as avowed exemplars of democracy to the rest of the world and especially to the emerging nations of Africa whence our Negro citizens originated, fulfilling the principle of “free and equal” unless we eliminate this false aspect of our democratic institution and deracinate its existance no matter where it may exist and in any degree. In particular the southern segregationists must be served with an unqualified notice that our country will not permit a small segment of its domain to be
dominated or dictated to especially when it goes counter to the expressed judicial and executive and legislative determination which realizes that the whole fabric of our social system may be rent asunder by revolution of this state of affairs is not rapidly and determinedly altered and amended so that we will welcome all Negro citizens no matter where they live into the American family as fullfledged and fully-pledged Americans without qualification or compromising conditions, in an unvenomed atmosphere which recognizes, at long last, that the United States cannot exist in its present divisive state where 20 million of its citizens are not accorded full and untrammeled privileges.
Therefore, the American Vegetarian Party in consonance with its credo of all-embracing humanitarianism, appeals to all Americans to cast out their myopic, intransigent, hypocritical, dishonest concepts of this overwhelmingly insistent problem, abetted and promoted in certain sections especially by shortsighted, self-seeking political leaders catering to hidebound prejudices of a minority, and accept the historical and humane development which has been germinated for over 100 years and which will no longer brook any delay and accept our Negro citizens on a basis of equality in all respects and permit them to develop in accordance with their personal abilities and qualities, unhindered in their quest for educational and economic opportunities enjoyed by all other Americans according to their status, to the end that their contribution for the further growth and progress in the United States may receive the full and unhindered and united potential which has lain dormant and depressed for such a long time through these unnatural restrictions, but which has been demonstrated time and again that where an individual is given the opportunity for development of his or her inherent qualifications and abilities that they can fulfill all the necessary demands of their intellectual and physical potentials for the general well-being of their community, their State, and the country as a whole.
The American Vegetarian Party hereby endorses all forms of protest and demonstrations on the part of our Negro citizens until these evil conditions have been eliminated from our way of life. Especially does it endorse the passive nonviolent methods initiated by Mahatma Gandhi who subscribed to the vegetarian ethos of meeting and overcoming these circumstances which circumscribe and limit the full expression of humanistic tendencies in our present day so-called civilization. The American Vegetarian Party in furtherance of its principled platform on behalf of promoting the best influences for and among all the peoples of all the nations of the world calls upon all departments of our Federal, State, and city governments charged with the moral and civic responsibility of instituting and promoting the well-being of all its citizens to put into effective functioning all necessary measures which will justifiably allay the discontents and dissatisfactions of these conditions which can only continue to breed dissensions and hatreds that must inevitably culminate in eruptions that may leave ineradicable scars on our social system thereby also affecting our efforts in the world areas to bring about those salutary phases which may hasten a better status of peaceful relationship between the United States and other nations, which much-to-be-desired aspect of international life is now being bindered in its realization and the efforts of our well-meaning Secretary of State in that direction is enormously impeded when we and he have to face the criticisms hurled at us by emerging independent countries who had expected to model their constitutional and legislative programs on our forms, but which they note are far from being put into actual and viable functioning by the obstructionist tactics of Governors, mayors, sheriffs, and other functionaries who are sworn to uphold the law of the land based on our hallowed constitutional and judicial pronouncements, which they persist in violating, arbitrarily or through specious divagatory tactics.
In pursuit of the higher morality which in the final analysis must be resorted to for the ultimate solution of our racial difficulties, the Vegetarian credo offers the teachings of Pythagoras, Plato, Aristotle, Socrates, Shelley, Shaw, Gandhi, Buddha, Jesus, Mohammed, Tolstoi, Thoreau, and others who in their enunciations have predicated their preachments on those simple virtues of brotherhood which enfolds and embraces all mankind who are members of one family who should live in amity with each other and in accord with their natural environment. American Vetetarian Party, 353 West 48th Street, New York City, 36.
We would appreciate hearing from all those interested in furthering the cause of the Vegetarian Party in their locality, not primarily from the political aspect which is secondary, but for the promulgation of vegetarianism in its ethical and dietetical significance and procedures.
The complete platform of the American Vegetarian Party for 1964 is now in the process of formulation.
The nominees for President in 1964 will be: Symon Gould, of New York City, Director of the Health Guild; Vice President: Dr. Abraham Wolfson, Miami Beach, Fla.
DECLARATORY PLANK IN THE PLATFORM OF THE AMERICAN VEGETARIAN PARTY
CONCERNING ITS POSITION ON CIVIL RIGHTS
In 1776, the Founding Fathers declared that "all men are created free and equal.” There was no qualification in the Declaration of Independence in this respect as regards race, creed, or color when conferring this principle of equality on Americans. The Bill of Rights and the Constitution of the United States subsequently implemented this basic principle of the democratic concept of American citizenship through the enactment of the 14th and 15th amendments.
Over 100 years ago, Abraham Lincoln electrified the civilized world with his pronouncement of the freedom-serving Emancipation Proclamation. The ideals and laws embodied in these documentary declarations and legal enunciations are accepted by all true liberty-loving and law-abiding Americans with the exception of certain sectors of our country which by virtue of race bias and distorted traditions refuse to abide by the spirit and letter of these enacted laws, denying thereby these rights to Negro Americans and citizens enjoyed by their fellow Americans. Such denial is manifest in varying degrees and in different forms, the passage of specially discriminatory and subhuman restrictive measures which abridge and curb and unjustly hinder the rights of Negro citizens to exercise their privilege of voting which is guaranteed to them by the Constitution to which they subscribe and the Federal Government the support of which they contribute in the form of loyalty and taxes. Such discriminatory practices are imposed on our Negro Americans through illegal subterfuges, often with the predisposed and biased cooperation of certain judicial representatives who see fit to counteract the obvious rights conferred on Negro citizens and thereby virtually nullify the law of the land which has been certified and endorsed by the highest courts after due deliberation on the part of these final courts of appeal and reason.
Such practices on the part of lesser authorities in southern sectors impose and degrade the Negro into the category of second-class citizenship and place him in the class previously disgraced by the presence of the untouchable elements in India which condition there has been eliminated through a progressive administration but which somehow in practice has been transferred to certain segments of southern Negro Americans in the South.
Therefore this continued imposition of inhuman restrictions and indignities on our fellow Americans is at complete variance with our basic democratic concepts and traditions and goes completely counter to any decent regard for simple, natural human relationships which should exist without question between all members of the human family and permit our Negro brethren to enjoy and exercise the same privileges of freedom, equality, and the inherent rights of life, liberty, and the pursuit of happiness vouchsafed to all Americans regardless of their race, mode of worship, origin, or the hue of their skin.
For over a century, our Negro compatriots have existed under oppressively degrading conditions in the South and to a degree these same discriminatory practices have been imposed upon them in varying degrees in the North as well. These immoral prohibitions and restrictions visited upon them with deliberate cruelty and without regard to their human sensitivities have had the effect of inflicting serious psychological and traumatic injuries upon the oppressed and the oppressors alike. Poll taxes, literacy tests of a specious character, herding on public carriers, closing of public schools, libraries, and recreational areas to their presence even though they pay taxes for the upkeep of such facilities, economic impositions, job limitations, etc., have exerted tremendous moral, physical, and economic damage of a vital nature in the lives of our Negro citizens especially in the South and have transferred and imbedded a profound hopelessness in the minds especially of the new generations of Negro youth who do not and cannot be expected to inherit and abide by the “slavery” concept or tradition which formed and crippled the lives and futures of their grandparents and their parents. Such conditions cannot be expected than otherwise create a revulsion and repulsion on the part of these scholasticallytrained Negroes who refuse to continue to inhabit a world and a category which
impresses these unbearable and insupportable conditions which no sensitive
A more ruthless and spirited realist
(Signed) LLEWELLYN Powys,
Author of "Ebony and Ivory," “Thirteen Worthies,” “Confessions of Two Brothers," etc. To Whom It May Concern:
I hereby wish to set down for the information of anyone interested, the opinion I hold of Symon Gould and to add my testimony to that of his many friends in the newspaper, theatrical, film, and literary world, as well as in the vegetarian and natural health realms.
I have known Mr. Gould for over 40 years and have followed his career with admiration. He has been one of New York's really useful citizens, often working anonymously and behind the scenes for the cultural welfare of the town. From the time he originated and created the film-art movement in 1924, all through the sponsorship of the league for public discussion debates at Carnegie Hall, Town Hall (the predecessor of radio forums), right down the many years starting in 1920 during which time as an ardent bibliophile he has supplied the literary world with rare books and manuscripts gathered from the four corners of the world, as well as publisher of many worthy writers, Symon Gould has been patron, father-confessor, and friend of writing men and women from New York to Hollywood and all points east, west, north, and south.
BURNET HERSHEY, Noted Journalist and Former President of the Overseas Club of America.
“The artistic destiny of the screen is in the hands of the little cinema movement of which the Film Guild directed and originated by Symon Gould is the pioneer organization which has my full support.”
THEODORE DREISER (1929). To Whom It May Concern:
My acquaintance with Symon Gould covers a period of nearly a quarter of a century. I have always found him both from a business and social standpoint a man of the highest integrity and a clean man in thought, action, and speech. For his character I have the highest respect.
(Signed) BENJAMIN DE CASSERES, Celebrated Poet, Author, and Journalist.
“I consider Symon Gould one of the foremost exponents of natural healing and natural living. In my opinion, he is unequaled as a writer in placing before the public, with clarity and distinction, ideas and procedures which have done much to bring to ailing humanity a new understanding of the relationship between nutrition and disease and health and I am fortunate in counting him among my friends."
Dr. Max WARMBRAND, Author of "Encyclopedia of Natural Health.”