5 clerical assistants are employed in this Section). Insofar as the budget requests for fiscal 1957 are concerned, information before the subcommittee is to the effect that no increase in personnel has been requested. The most recent information which the subcommittee has with respect to the workload of this Section appears in the report of the activities of the Department of Justice for the fiscal year ended June 30, 1954. At page 183 of that report the Attorney General states: "The Civil Rights Section supervises and assists in the enforcement of various statutes employed to protect the federally secured civil rights and liberties of persons. The Section is also charged with the responsibility of administering other statutes which relate to the conduct of elections and to labor practices having some relationship to the broad problems of civil rights of individuals. "Six hundred and thirty-eight cases of all types were pending at the beginning of the year and 2,826 new cases were received, making a total of 3,464 cases handled during the year. Of this number 2,799 cases were terminated and 665 cases were pending at the end of the year. Approximately 10,300 complaints, letters, and documents in the nature of complaints, investigative reports, memoranda, and other items of correspondence were received and analyzed." In addition this report at page 377 states that between July 1, 1953, and June 30, 1954, the FBI instituted 1,458 preliminary investigations in civil-rights cases. Of the cases prosecuted during the fiscal year, 18 convictions resulted, an increase of 8 over the previous 12-month period. In the absence of a report from the Attorney General bearing on the proposed legislation, there is appended to this report, other portions of the comments relating to the activities of the Department of Justice concerning investigation and enforcement of civil rights. The subcommittee after consideration of the magnitude of the task facing the Civil Rights Section in its enforcement and preventive work believes that the action proposed in this legislation should be approved. Elevation of the Civil Rights Section to full divisional status in the Department of Justice under the supervision of an Assistant Attorney General would give the Federal civil rights enforcement program additional prestige, power, and efficiency which it now lacks. Moreover, if other measures approved by the subcommittee receive the approval of the Congress, the change proposed in this legislation would take on added meaning and necessity That part of the proposal which provides for additional funds and personnel for research and preventive work would remove the Civil Rights Section from its current status as primarily a prosecutive agency. The work of this group should be expanded to the prevention of violations before they arise and if personnel were available, the activities of organizations and individuals fomenting racial tensions could be kept under constant scrutiny. In addition, the creation of investigators within the FBI skilled in the civil rights field would enable the FBI to render more effective service in that field than is presently possible. In view of the desirable effect which it is contemplated adoption of this legislation would have on the observance of and respect for the civil rights of all, the subcommittee recommends favorable consideration of this legislation. Appended to this report are further pertinent statements appearing in the report of the Attorney General to the Vice President for the fiscal year ended June 30, 1954. THOMAS C. HENNINGS, Jr. CIVIL RIGHTS SECTION * In addition to discharging its primary responsibility of supervising and directing prosecutions of violations of the civil rights statutes, the Section answered much of the correspondence directed to the Department concerning the Supreme Court's decision in the segregation cases as well as correspondence directed to the White House in this and other related fields involving discrimination and segregation. As in the past, it was necessary to conduct numerous interviews and conferences with individuals who complained about real or imaginary violations of their civil rights. To further expedite the handling of civil rights complaints and to eliminate the many frivolous or misguided complaints made to the FBI offices throughout the country, a direct liaison was established with the FBI whereby the more important or urgent matters as well as doubtful complaints are quickly disposed of by means of teletype communications from the field to the FBI, which in turn confers personally with the Civil Rights Section thus eliminating much of the usual delay and expense involved in the preparation of formal correspondence. Another innovation which has served to assist the United States attorneys and thus bring about a more effective and careful application of the civil rights statutes, was the preparation by staff members of a 42-page pamphlet describing the work of the Civil Rights Section, its functions and its statutes. This document is a concise and thorough description of the functions of the Civil Rights Section, the policies followed by the Department in enforcing the statutes, and a discussion of all the leading cases in the field of civil rights as well as the election laws and labor statutes. Each new United States attorney was thus given the benefit of the research and study done in this field (pp. 188-189, Attorney General's Report for Fiscal Year Ended June 30, 1954). CIVIL RIGHTS Instructions issued by the Attorney General make the FBI responsible for investigating allegations that individuals have been deprived of rights or privileges guaranteed them under the Constitution and laws of the United States. In cases of this nature, the FBI is charged with conducting a preliminary investigation immediately upon the receipt of information alleging a civil rights violation. The information gathered in the preliminary investigation is thoroughly and impartially reported to the Department of Justice for its review, prosecutive opinion, and instructions as to further investigation. Full investigations of civil rights allegations are not conducted by the FBI unless the Department or a United States attorney so directs. In its investigations of civil rights complaints against law-enforcement officers or personnel of other public agencies, the FBI scrupulously avoids interfering with the orderly operation of the agency concerned. At the outset of any such investigation, the FBI contacts the head of the agency-and the governor if a State institution is involved-and apprises him of the allegations against the employee. So that there may be no misunderstanding of the purpose of the investigation or the FBI's responsibility, a clear explanation of the Attorney General's instructions also is provided. Between July 1, 1953, and June 30, 1954, the FBI instituted 1,458 preliminary investigations in civil rights cases. Of the cases which were prosecuted during the fiscal year, 18 convictions resulted, an increase of 8 over the previous 12-month period. Through the cooperative services which the FBI makes available without charge to other law-enforcement agencies, a strong impetus is given to the full protection of civil rights. At police training schools, special-agent instructors emphasize the officer's obligations to the public, and they promote high standards of professional conduct at all levels of law enforcement. Additionally, examinations of evidence by the FBI Laboratory and Identification Division provide irrefutable facts which even the most hostile witnesses and suspects cannot deny under oath without openly perjuring themselves (p. 377, Attorney General's Report for Fiscal Year Ended June 30, 1954). Senator HENNINGS. What date have you got on that? Mr. YOUNG. A date on the calendar, as reported by the subcommittee to the full committee on March 2, 1956, that is our calendar date, not your committee action date. It postdates that. Senator HENNINGS. I should like, Mr. Chairman, to have the committee action date also stated at the same place as the committee calendar date, so that we will have those dates as the record of the subcommittee reflects the bills to have been reported. Senator JOHNSON (presiding). Very well. Senator HENNINGS. They are really additions. Mr. YOUNG. S. 903, protection of the right to political participation, introduced February 1, 1955, by Mr. Humphrey (for himself, Mr. Douglas, Mr. Lehman, Mr. McNamara, Mr. Langer, Mr. Magnuson, Mr. Morse, Mr. Murray, Mr. Neely, and Mr. Neuberger). Referred February 7, 1955, to Constitutional Rights Subcommittee. Reported favorably by subcommittee to full committee March 2, 1956, as of our calendar date. The bill is pending in the full committee. Reports requested and received by the Attorney General and the Secretary of Labor. I offer that bill, Mr. Chairman, as part of the record. (S. 903 is as follows:) [S. 903, 84th Cong., 1st sess.] A BILL To protect the right to political participation Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That title 18, United States Code, section 594, is amended to read as follows: "SEC. 594. Whoever intimidates, threatens, coerces, or attempts to intimidate, threaten, or coerce, any other person for the purpose of interfering with the right of such other person to vote or to vote as he may choose, or of causing such other person to vote for, or not to vote for, any candidate for the office of President, Vice President, Presidential elector, Member of the Senate, or Member of the House of Representatives, Delegates or Commissioners from the Territories and possessions, at any general, special, or primary election held solely or in part for the purpose of selecting or electing such candidate, shall be fined not more than $1,000 or imprisoned not more than one year, or both." SEC. 2. Section 2004 of the Revised Statutes [(8 U. S. C. 31)] (42 U. S. C. 1971) is amended to read as follows: "All citizens of the United States who are otherwise eligible by law shall be entitled to and allowed the same and equal opportunity to qualify to vote and to vote at any general, special, or primary election by the people conducted in or by any State, Territory, district, county, city, parish, township, school district, municipality, or other Territorial subdivision, without distinction, direct or indirect, based on race, color, religion, or national origin; any constitution, law, custom, usage, or regulation of any State or Territory, or by or under its authority, to the contrary notwithstanding. The right to qualify to vote and to vote, as set forth herein, shall be deemed a right within the meaning of, and protected by, the provisions of title 18, United States Code, section 242, as amended, section 1979 of the Revised Statutes [(8 U. S. C. 43)] (42 U. S. C. 1983), and other applicable provisions of law." SEC. 3. In addition to the criminal penalties provided, any person or persons violating the provisions of the first section of this Act shall be subject to suit by the party injured, or by his estate, in an action at law, suit in equity, or other proper proceeding for damages or preventive or declaratory or other relief. The provisions of this Act shall also be enforceable by the Attorney General in suits in the district courts for preventive or declaratory or other relief. The district courts concurrently with State and Territorial courts, shall have jurisdiction of all other proceedings under this section without regard to the sum or value of the matter in controversy. The term "district courts" includes and district court of the United States as constituted by chapter 5 of title 28, United States Code (28 U. S. C. 81 et seq.), and the United States court of any Territory or other place subject to the jurisdiction of the United States. SEC. 4. If any provision of this Act or the application thereof to any person or circumstance is held invalid, the validity of the remainder of the Act and of the application of such provision to other persons and circumstances shall not be affected thereby. Senator HENNINGS. Mr. Chairman, at this point may I inquire of Mr. Young, on some of the bills to which counsel has referred and placed in the record, the reports were asked of the Attorney General and the Department of Justice. In some instances the Attorney General either did not reply or said that he had no recommendation to make. Does counsel have a record of that correspondence? Mr. YOUNG. I have the calendar entries Senator HENNINGS. Counsel has read in some instances that a report was either requested or not requested. Does counsel have information as to instances in which reports were requested as long as the year and some months past this date? Mr. YOUNG. I don't have a record of it, but I know it is true. Senator HENNINGS. I would like to have the record supported, Mr. Chairman, by such correspondence as may have been had between the Subcommittee on Constitutional Rights, either the presently constituted subcommittee or the subcommittee that preceded it. I would like to have all the correspondence to the Attorney General and his reply, if any, or his failure to reply, if any, so reflected in the record at this point. Mr. YOUNG. I will gather it, sir. Senator HENNINGS. Thank you. (The bills referred to with attached correspondence are as follows:) SENATE JOINT RESOLUTION 29: PROPOSING AN AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES RELATING TO THE QUALIFICATIONS OF ELECTORS UNITED STATES SENATE, COMMITTEE ON THE JUDICIARY, February 22, 1955. Hon. HERBERT BROWNELL, JR. The Attorney General, Washington, D. C. DEAR MR. ATTORNEY GENERAL: The Judiciary Committee is herewith transmitting Senate Joint Resolution 29 for your study and report thereon in triplicate. To facilitate the work of the committee, it is urgently requested that your report be submitted within 20 days. The committee should be formally advised in writing if any delay beyond this time period is necessary. Most sincerely yours, Chairman. SENATE CONCURRENT RESOLUTION 8: ESTABLISHING A JOINT CONGRESSIONAL COMMITTEE ON CIVIL RIGHTS (No correspondence.) S. 900: To DECLARE CERTAIN RIGHTS OF ALL PERSONS WITHIN THE JURISDICTION OF THE UNITED STATES, AND FOR THE PROTECTION OF SUCH PERSONS FROM LYNCHING, AND FOR OTHER PURPOSES (No correspondence.) S. 902: To REORGANIZE THE DEPARTMENT OF JUSTICE FOR THE PROTECTION OF CIVIL RIGHTS UNITED STATES SENATE, March 22, 1955. HON. HERBERT BROWNELL, JR., The Attorney General, Washington, D. C. DEAR MR. ATTORNEY GENERAL: The Judiciary Committee is herewith transmitting S. 902 for your study and report thereon in triplicate. To facilitate the work of the committee, it is urgently requested that your report be submitted within 20 days. The committee should be formally advised in writing if any delay beyond this time period is necessary. Most sincerely yours, Chairman. S. 903: To PROTECT THE RIGHT TO POLITICAL PARTICIPATION UNITED STATES SENATE, Hon. JAMES PAUL MITCHELL, July 27, 1955. Secretary, Department of Labor, Washington, D. C. DEAR MR. SECRETARY: The Judiciary Committee is herewith transmitting S. 903 for your study and report thereon in triplicate. To facilitate the work of the committee, it is urgently requested that your report be submitted within 20 days. The committee should be formally advised in writing if any delay beyond this time period is necessary. Most sincerley yours, Chairman. DECEMBER 5, 1955. Hon. H. M. KILGORE, Chairman, Committee on the Judiciary, United States Senate, Washington, D. C. DEAR SENATOR KILGORE: This is in further response to your request for a report on S. 903, a bill to protect the right to political participation. The bill would amend several existing provisions of law relating to the right to vote in elections by, among other things, extending their applicability to primary elections and providing additional judicial remedies against infringements of this right. The objectives of S. 903 are praiseworthy and I am in full accord with them. I am not in a position, however, to provide any information that will assist the committee in its consideration of the specific provisions of the bill or the need for its enactment at this time. The Bureau of the Budget advises that it has no objection to the submission of this report. Sincerely yours, ARTHUR LARSON, Acting Secretary of Labor. UNITED STATES SENATE, July 27, 1955. Hon. HERBERT BROWNELL, JR., Attorney General of the United States, Department of Justice, Washington, D. C. DEAR MR. ATTORNEY GENERAL: The Judiciary Committee is herewith transmitting S. 903 for your study and report thereon in triplicate. To facilitate the work of the committee, it is urgently requested that your report be submitted within 20 days. The committee should be formally advised in writing if any delay beyond this time period is necessary. Most sincerely yours, Chairman. SEPTEMBER 8, 1955. Hon. HARLEY M. KILGORE, Chairman, Committee on the Judiciary, United States Senate, Washington, D. C. DEAR SENATOR KILGORE: This is in response to your request for the views of the Department of Justice concerning the bill (S. 903) to protect the right to political participation. Section 594 of title 18 of the United States Code subjects to criminal penalties persons who interfere with the right of other persons to vote in any election |