Already favorably reported to this committee by your Subcommittee on Constitutional Rights are measures I have sponsored with some of my colleagues to protect the right to political participation and make it a crime to intimidate or coerce or otherwise interfere with the right to vote; to create a new Civil Rights Division in the Department of Justice under an Assistant Attorney General; and to protect persons in the United States against lynching.

These, together with the proposed Commission which the President has now joined in supporting after 3 years, should provide a basic minimum of positive action, going a long way toward eliminating the injustices of discrimination.

I appeal for this committee's favorable action in the name of democracy, in the name of humanity, in the name of morality.

If the Republicans will match the Democrats vote for vote on this committee, this legislation can be approved by the committee and readied for floor action. Surely, if the administration is really behind its civil rights program, it can muster four Republican votes favorable to such action on this committee.

In their 1952 platform, the Republican promised that they would not “mislead, exploit, or attempt to confuse minority groups for political purposes.” The Republican Party now has an opportunity to live up to that promise. The Democratic Party will welcome their support.

Together, we can build a stronger America, and brighten the beacon of hope for the rest of the world.

Senator HUMPHREY. And in expression of my gratitude to the chairman, may I commend him for his fairness in calling this committee meeting together.

I want to say that it is very reassuring. And I have noticed that the procedure is along the lines that I think is most commendable. You are taking these bills up one at a time on the basis of the law and the basis of constitutional provisions.

The CHAIRMAN. Thank you, sir.

We will now recess for rollcall.

(A short recess was taken.)

Mr. YOUNG. The hearing has been recessed, subject to the call of the Chair.

The Senators are busy on the floor, and they can't get back today. The chairman will call the next meeting later in the week.

(Whereupon, at 4 p. m., the committee adjourned, subject to the call of the Chair.)

CIVIL RIGHTS PROPOSALS

WEDNESDAY, MAY 16, 1956

UNITED STATES SENATE, COMMITTEE ON THE JUDICIARY, Washington, D. C.

The committee met at 2:35 p. m., pursuant to notice, in room 424, Senate Office Building, Hon. Olin D. Johnston presiding.

Present: Senators Eastland, Johnston, Hennings, McClellan, O'Mahoney, Wiley, Jenner, Watkins and Dirksen.

Also present: Robert B. Young, professional staff member, and Richard F. Wambach, assistant to counsel.

Senator JOHNSTON. The Committee on the Judiciary will come to order.

We have met today to start the hearings on the civil rights bills. I have been informed that we have 16 bills dealing with civil rights. Our first witness today is the Attorney General of the United States, Mr. Brownell.

Mr. Brownell, you may testify and proceed as you see fit in regard to what you have to say, either by following your paper or by discussion. If you don't want to be interrupted, we won't interrupt you. Or if you don't mind, we may interrupt you along the way if we have a question we want to ask.

STATEMENT OF HON. HERBERT BROWNELL, ATTORNEY GENERAL OF THE UNITED STATES

Attorney General BROWNELL. Thank you very much, Mr. Chairman. I appreciate the opportunity to be here this afternoon to testify on this important series of bills which the chairman has rightly designated the civil rights bills.

In his state of the Union message, President Eisenhower said that his administration would recommend to the Congress in this session a program

Senator O'MAHONEY. What was the date of that message?

Attorney General BROWNELL. In January, the regular state of the Union message.

To advance the efforts of the Government, within the area of Federal responsibility, to the end that every person may be judged and measured by what he is, rather than by his color, race, or religion. On April 9, 1956, I transmitted to the President of the Senate and to the Speaker of the House our proposals in this area. I am grateful for the opportunity to appear before this committee to discuss these proposals and, if the members wish, to comment as well upon other

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proposals relating to this same subject which are also pending before this Committee.

My letters to the President of the Senate and to the Speaker of the House recommended congressional action on four matters: First, the creation of the bipartisan Commission on Civil Rights to implement recommendations made by the President in his state of the Union message; second, creation of an additional office of Assistant Attorney General to head a new Civil Rights Division in the Department of Justice; third, amendment of existing statutes to give further protection to the right to vote and to add civil remedies in the Department of Justice for their enforcement; and fourth, amendment of other civil rights laws to include the addition of civil remedies in the Department of Justice for their enforcement.

I would like to take those up in their order.

1. Civil Rights Commission:

In recommending the creation of a bipartisan Civil Rights Commission, President Eisenhower said in his state of the Union message:

It is disturbing that in some localities allegations persist that Negro citizens are being deprived of their right to vote and are likewise being subjected to unwarranted economic pressures. I recommend that the substance of these charges be thoroughly examined by a bipartisan Commission created by the Congress.

A bill detailing the Commission proposal was submitted with my letters to the President of the Senate and the Speaker of the House. It provides that the Commission shall have six members, appointed by the President with the advice and consent of the Senate. No more than three shall be from the same political party. The Commission shall be temporary, expiring 2 years from the effective date of the statute, unless extended by Congress. It will have authority to subpena witnesses, take testimony under oath and request necessary data. from any executive department or agency. It may be required to make interim reports pending completion of a comprehensive final report containing findings and recommendations.

The Commission will have authority to hold public hearings. It will investigate the allegations that certain citizens of the United States are being deprived of their right to vote or are being subjected to unwarranted economic pressures by reason of their color, race, religion, or national origin. This bill proposes that the Commission study and collect information concerning economic, social, and legal developments constituting a denial of equal protection of the laws. It will appraise the laws now on the books and policies of the Federal Government with respect to equal protection of the laws under the Federal Constitution.

The number of the bill that carries this out is S. 3605, introduced on April 11, 1956, and referred to your committee, with respect to the creation of a Civil Rights Commission.

The need for more knowledge and greater understanding of these most complex and difficult problems is manifest. A full-scale public study of them conducted over a 2-year period by a competent bipartisan Commission, will tend, we believe, to unite responsible people of good will in common effort to solve these problems. Such a study will bring clearer definition of the constiutional boundaries between Federal and State governments and will insure that remedial proals are within the appropriate areas of Federal and State respon

sibility. Finally as an added advantage through greater public understanding of these matters the Commission may chart a course of progress to guide the Nation in the years ahead.

For a study such as that proposed by the President, the authority to hold public hearings, to subpena witnesses, to take testimony under oath and to request necessary data from executive departments and agencies is necessary. No agency in the executive branch of Government has the legal authority to exercise these powers which we believe have to be given the Commission in a study of matters relating to civil rights.

2. Civil Rights Division in the Department of Justice:

In 1939, the present Civil Rights Section was created in the Criminal Division of the Department of Justice. Its function and purpose has been to direct, supervise, and conduct criminal prosecutions of violations of the Federal Constitution and laws guaranteeing civil rights to individuals. As long as its activities were confined to the enforcement of criminal laws it was logical that it should be a section of the Criminal Division.

Recently, however, the Justice Department has been obliged to engage in activity in the civil rights field which is noncriminal in character. An example is the recent participation of the Department, as "friend of the court," in a civil suit to prevent by injunction unlawful interference with the efforts of the school board at Hoxie, Ark., to eliminate racial discrimination in the school in order to conform with the Supreme Court's decision. The noncriminal activity of the Department in the civil rights field is constantly increasing in importance as well as in amount. If my recommendations, discussed subsequently, for legislation to provide civil remedies in the Department of Justice for the enforcement of voting and other civil rights are followed, the Department's duties and activities in the civil courts will increase even more rapidly than in the past.

So we believe and recommend to you that all the Department's civil rights activities, both criminal and noncriminal, be consolidated in a single organization, but it is not appropriate that an organization with important civil as well as criminal functions should be administered as a part of the Criminal Division.

Consequently, I most earnestly recommend that the appointment of a new Assistant Attorney General be authorized by the Congress in order to permit the proper consolidation and organization of the Department's civil and criminal activities in the area of civil rights into a division of the Department under the direction of a highly qualified lawyer with the status of an Assistant Attorney General. In other words an appointee of the President. A draft of legislation to effect this result was transmitted with my letters to the President of the Senate and the Speaker of the House. S. 3604, which was introduced on April 11, 1956, and has been referred to your committee, embodies this proposal.

We have observed that S. 902 would also provide for a Civil Rights Division in the Department of Justice. I believe, however, that bill is more detailed than is necessary.

3. Amendments to give greater protection to the right to vote and to provide civil remedies in the Department of Justice for their enforcement: