The Birmingham News from Birmingham, Alabama • 21

TUISDAY. SEPTEMBER 8. 1959 THE BIRMINGHAM NEWS TWENTY-ONE Spurred by findings in probe Civil rights group urges sweeping action aimed at South BY JAMES FREE News Washington correspondent WASHINGTON, Sept. 8 Spurred by its findings particularly in Alabama that many Negroes are being denied the right to vote, the U. S.

Civil Rights Commission today urged sweeping new' federal action aimed at the South. It recommended: 1. That the president be given authority to appoint federal registrars to qualify voters in localities in which the Civil Rights Commission I if extended! finds that nine or more persons have been denied the right to register due to race. Commissioner John S. Rattle, former governor of Virginia, dissented on grounds that this would be an invasion of states rights.

2. THAT CONGRESS pass a law requiring all states and localities to preserve registration and voting records for five years as public Thist one is aimed especially at Alabama and Louisiana, which denied the commission access to such records; and at Alabama's law permitting destruction after 30 days of application forms of persons denied registration as voters. 3. That the Constitution be amended to limit state power over voter qualifications to age, residence and freedom from legal confinement (jail, mental institutions, Three of the six commissioners objected to this recommendation; calling it unnecessary and unsupported by the scant study given the subject by the staff. 4.

THAT CONGRESS give the commission the right to go directly to the federal court to seek orders enforcing the commission's subpoena powers. Under present law. the commission has to get the Justice Department to apply for such court orders. The report said this 'divided authority prevented rapid, coordinated action in Ala would, in effect, repeal the historic power of the states to determine voter qualifications is backed only by Northern Republican members of the commission. Chairman John A.

Hannah. George M. Johnson, the only Negro member, and the Rev T. M. Hesburgh, who was named as a GOP member although he is listed as an Independent.

The three Democrats, Vice Chairman Robert G. Storey of Texas and ex-Govs. Doyle E. Carlton of Florida and Battle of Virginia strongly oppose the amendment. Some Southerners will be surprised that Storey and Carlton joined in the recommendation for "temporary" federal registrars.

But they evidently shared the view of the Northern GOP members that the civil injunction suit procedure of the 1957 Civil Rights Art is ton weak to overcome the firm resistance met in Alabama. Georgia and Louisiana. THE REPORT noted that the injunction suit against Macon County. registrars "was dismissed for lack of anyone to sue" (the registrars had resigned1: that the suit in Georgia was dismissed and the suit in Louisiana is pending. It is expected that Ihe Georgia and Alabama cases will he heard on appeal by the U.

S. Supreme Court next year. 1 But the commission stressed that "no one has yet been registered through the civil remedies of the 1957 Act." And it said further action by Congress is needed if "many qualified citizens" are not to he denied their right In vote in I960. NO QUALIFICATIONS are suggested for these federal registrars. except that they "should he an individual located in the area involved, such as the postmaster.

U. S. attorney or clerk of the federal court." Since all of these are political appointees, it is obvious that their decisions on local voter qualifications might spur bitter controversy. And the fact that federal registrars could approve voters for federal elections only (presidential and congressional) would complicate, not simplify the situation. It is ironical that the three GOP members, all educators, should advocate the banning of all state literacy tests for voters Coming from presidents of Michigan State and Notre Dame, and the former dean of Howard University Law School, the argument that inability to read and write is of little consequence seems strange.

bama when its subpoenas were defied. 5. That the Bureau of the Census be directed to gather and compile data on voting registration and use of the voting right and that this study include a count of voters by race, color and national origin in Ihe various states and localities. IT IS WORTH noting that the most drastic proposal for a constitutional amendment that In North, South views Commission members split on federal role in housing RY JAMES FREE News Washington correspondent WASHINGTON, Sept. 8 All six members of the U.

S. Civil Rights Commission agree that the most national of our racial problems is in housing. But they disagree three to three on what the federal government should do about it. This is pointed up in the commission's report to the president and to the Congress released today. broad federal action to make new "housing available to Negroes on all levels of income in the metropolitan area generally.

But the three Democratic members, from Texas, Virginia and Florida, warn against "suggestions keyed to integration rather thait housing." WHILE THE commissioners are unanimous in urging the settling up of local biracial committees to work on housing will abide with such laws. That the Public Housing Administration encourage selection of building sites on open land in good areas outside the present centers of racial concentrations. That the Urban Renewal Administration make sure that spokesmen for minority groups are among the citizens who work with URA in community programs for urban renewal. Two commissioners. Hesburgh and Johnson, also said that local real estate boards should admit qualified Negroes to membership.

They feel that these boards are "not merely private associations but are clothed with the public interest. The three Northern Republicans agreed that progress in making decent housing available to non-whites depend largely on progress in overcoming the general housing shortage for lower income Americans: and that such a general program is a national "must." But the three non-Northern Democrats said that federal aid in housing is a "must" only when public improvements have displaced people and where sulms are a community liability. And they said, "This does not mean, however, that the government owes everyone a house regardless of his ambition, industry, or will to provide for himself." The nuclear-power headache comes from many larger cities over the country where there is pressure for expansion of overcrowded Negro areas." To the three Northern Republican members of the commission this situation calls for problems, they are split evenly on the question of what such groups should try to accomplish. In general, the northern commissioners favor government policy that would help break down segregation in housing although they disclaim "the need for a pattern of integrated housing." But in advocating equal opportunity to get decent housing, they repeatedly in the report use such expressions as "freedom of choice." "open housing. "open market and "scatteration.

And to the three non-northern members these terms suggest a "fixed program of mixing the races anywhere and everywhere regardless of the wishes of either race and particular problems involved." And Vice Chairman Robert G. Storey and ex-Govs. John S. Battle and Doyle E. Carlton certainly moderates a 1 1 warn that the result of such in flexible policies would he "dissention.

strife, and even violence evident in sections where you would least expect it. 1 In addition to the biracial local housing committee, the three Northern members. Chairman John A. Hannah, the Rev. Theodore M.

Hesburgh and George M. also recommended: THAT THE president issue an executive order directing all federal agencies to shape their policies and practices in keeping with what they call "the constitutional objective of equal opportunity in housing. That the Federal Housing Administration and the Veterans Housing Administration go beyond thier present policy of not doing business ith builders who are found guilty of violating state or local discrimination laws, that these agencies require builders to sign, in advance, agreements that they Rights commission urges federal registrars in Dixie Report recommends End of federal funds to segregated colleges registrars and jurors, the U. S. government appears, under present law, to be helpless to make good the guarantees of the U.

S. Constitution." should he made of the areas where school integration elforls run counter to long-established customs and traditions that formerly had legal sanction. Continued from Page 1 Veterans Administration limit loan guarantees and other services to those builders who agree in writing THE COMMISSION NOTED that even the attorney general has filed suits under the 1957 civil rights law no one had yet been registered as a result. These statements were Facilities stay closed Segregated parks out in Montgomery MONTGOMERY. Sept.

8 I V. S. Dist. Judge Frank M. schools.

Johnson ruled today that racial segregation in Montgomery city! parks is unconstitutional. He also held invalid a city ordinance which THE REPORT had been sehed-prohibits integration in public recreational facilities. uled for release today at noon. Johnson's ruling does not mean, however, that Negroes can uselt was publicized in advance last white parks, since all 13 of the to abide by existing laws against discrimination. Half the members also urged denial of federal funds to colleges and universities which refuse to admit students because of race.

iThe lone Negro member. George Johnson of Washington, suggested the same restriction on public elementary and high night when Sen. James O. states to permit local option by school districts that wish to try desegregation plans. Otherwise, it warned, plans by court order will be imposed with less satisfactory results.

It said it had been handicapped in its studies hv the lack of lull' information on public school enrollment by race. It suggested, therefore, that the federal government conduct an annual school census to show the number of and the race of all students by school districts and states. Then, somewhat contradictory, the commission said it was not requesting the keeping of permanent school records by race "because there is a possibility that school records of the race of the students might be used in a discriminatory manner in recommendations to colleges and universities and to prospective employers. tained in excerpts from the report made available in advance. These included the findings and 14 num bered recommendations of the commission as well as statements made by the commissioners individually or in groups, East-1 The commissioners are: Chair-land Miss.) had an advancelman John A.

Hannah, president of Michigan State University; Vice copy printed in the Congressional "TH1S TREMENDOUSLY serious and complex problem will not be solved by hasty action but must have the most careful and sympathetic consideration with due ton-(regard for the way of life of large numbers of loyal Americans, he added. They took issue with the text of the report preceding the findings and recommendations on education, saying it "is to a large extent argumentative and colored by the author's views of the sociological and philosophical asperts of the school integration problem. In the housing field, the eom-inission urged that Ihe president issue an executive order stating the constitutional objective nf equal opportunity in housing, and directing all federal agencies to shape their policies toward achievement nf that goal. It recommended that Ihe Federal Housing Administration and the Veterans Administration require huilders taking advantage of their programs to agree in writing to abide by existing laws against discrimination. city's parks have been closed! since the first of this year.

The judge made it clear, as hej had earlier, that he has no authority to order the city to reopen the parks. But if they are re-' opened, he said they cannot be; segregated as they have been in the past. BY JAMES FREE News Washington correspondent WASHINGTON. Sept. 8 The U.

S. Civil Right Commission today warned that each state has the ultimate choice of: 1. Finding reasonable ways of ending compulsory segregation in its schools, or 2. Abondoning its system of free public education. It notes that the Supreme Court 1954 ruling on public schools "did not require racial integration but that it "did hold that publicly supported schools must be opened to all races on a non-segregated basis.

AND THE COMMISSION in its report to the president and to Congress comes up with two mild suggestions for helping local school authorities that want to comply with court orders on desegregation. Its three Northern Republican members, all educators, recommend that federal funds be denied to all colleges and universities that refuse to admit Negroes. The three Democratic members of the commission Vice Chairman Robert G. Storey of Texas and ex-Governors John S. Battle of Virginia and Doyle E.

Carlton of Florida oppose this 1 ant''seSreSation pro- WASHINGTON. Sept. 14- UR posal. They say it would under- rrino ro.hL Republican congressional leaders told President Eisenhower today there is still some hope that Congress will wind up its labors next week-end. Despite Morse's Adjournment revived in mine, rather than improve education in many places, that it would substitute economic coercion for present legal Pay increases sought for two Patterson aids Record.

He and other Southern senators had criticized the report earlier, and additional blasts fol-j lowed its publication. I Sen. John Stennis Miss.) called the reeommenadtions "both extreme and shocking" and said they "would extinguish more Chairman Robert G. Storey, dean of the Southern Methodist University Law School; John S. Battle, former governor of Virginia; Doyle E.

Carlton, former governor of Florida; the Rev. Theodore M. Hesburgh. president of Notre Dame University; and George M. Johnson, the Negro member, who is a former dean of the Howard University Law School.

SAID he will issue a formal order later which will ap-j ply to the present three-member) City, Commission and the two new- irights than they would protect." HUGH SPARROW nIv step remaining to News sfaif writer assure complete federalization MONTGOMERY, Sept. 8 of the nation," Eastland added, ly elected commissioners who will BiIIs increasing the annual pay of "would be enactment of an the state finance director from! FEPC Emptoyment Prac- office Oct. 5. delays hope Senate take tices Commission) bill to bring THE ONLY SPECIFIC dissent to a recommendation was made by Battle in regard to federal jurors. But the supplementary statements set forth the position of one or more commissioners on pro- IT WAS FURTHER recom- posals on which there was dis- mended that biracial committees agreement.

on housing )e established in all Halleck said approval of the president's request to remove the ceiling on long-term government bonds is. out of the question for this session. Johnson also mentioned civil At the same time Sen. action, along with foreign The hearing on the integration, 10.000 to $20,000, and the salary1 a( employment under federal suit lasted only 40 minutes and of the head of the State Insurance control. produced testimony from only Department from $10,000 to Sen.

John Sparkman Ala.) three witnesses. r00- were introduced in the House said the extreme nature What action might he taken of the Civil Right's Commission's by the incoming City Commis- oday report may provoke some senators sion about reopening the parks The finance director is Gov outside the South into joining in was not made known during the Pattersons number one appointeejme fjgbt against extending the court proceedings. Commission- (and former campaign manager, fife of the commission, er Frank Parks, only member Charles Meriwether Edmon; "it's hard to tell yet." Spark-of the commission reelected for IRineheart, another cabinet mem- man said, "whether we can get a new four-year term, was the jber close to the governor, is head, enough help from Midwestern and Western senators to kill the commission. But we are going to do our best "We'll have a good chance if Congress adjourns later this week." B. Johnson of Texas, the Democratic leader, issued new speedup orders and indicated some confidence.

He conceded, however. aid money, as posible stumbling blocks to early adjournment. TO GET AROUND Morse ob-jectipns to committee meetings; in session. while the senate is only one in court. He said he could not speak for the incoming commissioners, Earl; lames and I Sullivan hut a bill, sponsored by the Mobile day" for an adjournment date.

Johnson has been resorting to a new delegation. providing a means for inproacinff the nav nf StatP Hnrks MEANWHILE Sen. Wavn He adopted that device again to that "there is no magic in Satur- Johnson has been re series of brief Senate recesses. Wayne would decide whaMo "do'when it increasing the pay of State Docks' i Director Earl McGowin, and sev takes office. For example, Hannah.

Hesburg and Johnson proposed the voting amendment and Storey. Carlton and Battle opposed it in a sepa rate statement. Battle most frequently differed with the other commissioners and in a final and last-minute state ment, received after the textural content had been agreed upon, took issue with the whole report. He said in part; I must strongly disagree with the nature and tenor of the report. In my judgment it's not an impartial factual statement, such as I believe to have been the intent of Congress, hut rather, in large part, an argument in advocacy of preconceived ideas in the field nf race relations.

CHAIRMAN HANNAH said the commission "has attempted to Sen. Richard Russell Morse Ore.) shoveled newday- Morse was on the floor at sand in the gears to slow downlthe lime and did not object. the adjournment drive. 1 olhSatoa na.td dnwn'nnhl who filed the suit testified' The work! a hearing. The present a- Docks Advisory Commission to than the preconceived notions ol the sort of legislation that comeslwors ln a lorrn std repotted The hill Ithree individuals.

Ga. i called the report "a deliberate distortion of the facts," and State 'said it represents nothing more era! other docks employes and of- ONLY TWO of the eight Ne-ficials- bill authorizes the Morse, who says -he is opposin Dili a lorm still reported: individuals of testimony was cut short increase the salares. The bill. (three indtviduals. processes, that it invades two areas out of the commission's scope private schools and institutions of higher education.

THERE WAS SOME eyebrowraising here that Commission Chairman John A. Hannah, president of Michigan State, a land-grant college, should make such a suggestion. If adopted, it would bar all kinds of federal support for farm extension, defense education programs, scholarships, research, etc. not only to tax-supported institutions like Alabama Polytechnic I i ute (also a land-grant college) and the University of Alabama, but to private institutions like Birmingham-Southern and Howard Colleges, and even to private colleges for women. Commissioner George M.

Johnson, former dean of Howard University Law School and the only Negro on the commission, not only agreed with the anti-segregation bah for col- to President to Qrrmdth'owel' an meas-lwhen Ne8' Atty' Solomon Seay (however, does not speedy the ure. The Senate passed a farm sur- Negroes would have substantially 12.500 a year. the same to say. Mrs. Georgia Theresa Gilmore land Gussie Carlton both testified of a session-end blocked a move Senate banking committee to work on a compromise housing whiie the Senate was in session.

Jr. stipulated that the other six I amounts. McGowin now receives! SUPPORTING sioxon a vear iwas Henry Edward plus disposal hill, loaded down with amendments that seem likely to cause days in efforts Authoratative sources today deflated that today's pay raising bills are just the beginning of a jtional chairman famation League He said it THE REPORT Schultz, na- of the Anti-Dc- cities and states with substantial nonwhite populations. In Us proposal for appolntmrnt by the president of temporary federal voting registrars, the commission said registration records in Alabama and field investigations in other states showed a substantial number of Negroes are being- denied their right to vote. "The infringement of this right is usually accomplished through discriminatory application and administration of state registration laws," the report said.

THE COMMISSION PROPOSED that when nine or more persons from a county or any other political subdivision file affidavits with Ihe president alleging they have been denied the right, to register because of race, color, religion or national origin, the president would refer the affidavits to the commission. If the commission found the complaints to be true, the president would name a temporary registrar. The registrar would administer the state qualification laws and issue qualified Individuals registration certificates entitling them to vote for any candidate for the federal offices of president, vice president, presidential elector, senator, representative, delegate or commissioner in any general, special or primary election. Responsible state registration of BNai B'Rith. "courageously deals with three points at which the that they would like to use white iseries of bills to boost pay of all parks, but that they were pro- of Pattersons cabinet members.

I relations voting rights, housing! executive or legislative action that shoe pinches hardest" in race provide a guide for appropriate out bill He also delayed, but did not actually head off hy objection, a Johnson proposal to hold a "morning hour in which senators make speeches, introduce bills and put material in the Congressional Record under a three-minute time limit. Both time-saving devices re- to compromise it with the House version. Included was an experimental revival of the food stamp plan- The Senate version also would extend the present program for three years, compared to a single year voted by the House. Rep. Joe Smith of Russell administration floor leader in (and education.

He said the commission should hibited by city law. On cross examination, however, both said they had never actually tried to use the parks. Mrs. Gilmore, a widow, said she had taken white children to a the House, sponsored the hills continued, because it "serves boosting the pay of Meriwether an jnvaluable function by provid-and the Insurance Department a pace where differing views head- lean be brought, where facts can In addition, he introduced a bill established and where means duties as a maid, but that she! which would increase the pay of can be devised to deal with them. couldn't take her own children 1 Atty.

Gen. McDonald Gallion's But Sen. Herman Talmadge will contribute a solution of the civil rights problem. It is a problem, as our report makes clear, that is native to neither North or South. It is, rather, a dilemma that concerns all Americans.

"We believe that this report, whose bipartisan contributors include both Southerners and Northerners, there. leges, but said it ought to be ap- quire unanimous consent, plied to all federal-aid programs After the regular meeting of in elementary and secondary GOP chiefs With Eisenhower, public school levels as well. Con- Sen. Everett M. Dirksen of Illin-I press has repeatedly voted down ois.

the Republican leader told such proposals from Rep. Adam newsmen; Clayton Powell and others. "THIS MIGHT be our last con-THE COMMISSION said that ference of the year. I hope that desegregation by court order we can end our work this week. Alabama group to give report on civil rights confidential assistant from $7500 'D Ga.i said The effect of car to S9000 a year.

The assistant is tying out its (the commission's! Edwin Strickland, former Bir- proposals would be to perpetuate mingham News reporter. that agency as an unconstitutional Rep. Smith said he did not know instrument of meddling and in-much about the contents of thejtimidation from which no faucet bills. He said they were handed of the lives, fortunes and sacred this morning for intro- honor of the American people! took cognizance of pending pro will greatly assist the public in understanding a problem that cries for solution." UNDER CURRENT LAW the commission goes out of existence 60 days from today, but the report Negroes surround Memphis officers, one is roughed up He was asked if there would be immune." be other salary increase He replied he couldn't say jposals in Congress to extend its 'officials would be informed by the temporary federal registrar of issuance of the certificates, which (would permit Ihe registrants to iparticipate in the federal elections. life.

On the controversial school integration problem, for example, the commissioners proposed an has been notably more difficult Maybe the country would like to than action by local authorities have us out of here tpo. MONTGOMERY, on a voluntary basis. And it Dirksen and Rep. Charles Hall- The Alabama Advisory said. too.

that many school dis- eck Ind.) the House GOP tee to the U. S. Civil tnct authorities trying to work leader, said they had a round-mission will discuss the commis- wo policemen with drawn pistols as yet out desegregation plans have up discussion of all major meas- sion's report to President Eisen- ield threatening Negroes yes- 1 "confused and frustrated ures still facing final action, hower here tomorrow. terday after officers were sur to him duction. would bills.

And Russell said he would "do everything within mv power to make this iniquitous bit of deception the last report that this commission will ever hqve an opportunity to make." MEANWHILE. Chambers Coun- extended commission to set up an advisory and conciliation service to help local school officials develop plans for transition from segregated system to integrated systems. They said Eisenhower expressed Mayor Douglas Brown of Ozark. lounded "bile making an arrest. Ch.r es, ds and gratification over passage of chairman, said a rep- HOLDING THE NEGROES at Koy 'McClendon dropped in prolabor bill but made known from the commission bay, the patrolmen radioed for Psih l10 concern over the inclusion of un- will be here to read the report, help.

Six police cars raced to the au(jjtor anti secretary of state udgeted projects in a new public Brown said he does not ex- scene and dispersed the crowd They proposed to turn over func tions of the auditor's office to the Department of Examiners of Public Accounts and the secretary of 67 projects which he had not ree But he added that the ipersed Eleven arrests were made. The two patrolmen, C. H. Balof and E. J.

Clark, had been state THE REPORT was based on i commission studies and investigations since January, 1958, in three! areas of civil rights; discrimina tion in voting, education and housing. The law creating the commission specifically charged it to in HANNAH, Mesburgh and Johnson made a proposal that federal aid funds be denied institutions of higher education which refuse on racial grounds to admit students jotherwise qualified. Johnson said THEY ALSO PROPOSED hat his should also be applied to the commission serve as a clear-! federal aid for public elementary ing House for information about and secondary schools, procedures used by school dis-; Storey, Battle and Carlton op-vestigate alleged denial of voting tricts in integration. posed that proposal, rights. It authorized the other: Another proposal in the educa- All commissioners recommend-studies but did not direct that tional field would have the office ed that the Census Bureau lie they be made.

(of education and the Census Bu-authorized and directed to com- 'Ihe commission conducted hear-'reau make an annual school cen- pile registration and voting statis-ings and court actions in Ala-isus which would show by race the tics. sent to a beer tavern to break up a fight. They arrested three Negroes, including two women: and were returning to their prowl car when they found themselves surrounded. Clark said one of the Negroes, by apparent decisions courts." With these factors in mind, it suggested a. That the commission, if extended, be authorized to serve as a clearing house for information about methods of desegregation.

And b. That the commission lie authorized to set up an advisory and conciliation service to help local school officials in the shift to school desegregation. THE REPORT took note of the fact that the Supreme Court has upheld the Alabama pupil placement law on the assumption that it would be applied commission representative from Washington probably will make recommendations for committee work in Alabama. The advisory committee chairman said the group expects to go state's work to the governor's office. Since both of these are Constitutional offices, it would require a vote of the people approving a change in the Constitution.

ommended. Dirksen said he thinks "we can get something out of the fire" on civil rights before the session is over. But he added he does not believe Congress can get through anything more than a bill to extend the life of the Federal Civil Rights Commission and a leadership agreement to return to the issue next January. into executive session following its Robert Vessell. 34.

lunged at his at his MOBILE REP Joe Hocklander, bama, extensive field studies, and (number of students enrolled in They also proposed that, in the officer No 1 sponsor of the docks pay investigations of complaints from public educationa institutions. event the commission is extended. The public meeting in the federal: throat, clawing him building here said considerable i force had to be i aise bill, said he introduced York, Louisiana. Tennessee, The three Southern members. Lit be given authority to go di- to restrain" Vessell who measure at the request of Gov.

North Carolina, Florida and Okla- Storey. Battle and Carlton, in a rectly to court to enforce sub-resentative comirv here to read later was given medical treat-Patterson and Docks Director Me- homa. The report said the lengthy report is Bill Swann, ment. IGowin. "Against the prejudice supplementary statement said poenas issued in connection with of i further study and investigation I voting rights investigations..