officer or employee of the Federal Bureau of Investigation of the Department of Justice, any post-office inspector, any officer or employee of the Secret Service or of the Bureau of Narcotics, any officer or enlisted [man of the Coast Guard,] member of the Army, Navy, Air Force, Marine Corps, or Coast Guard, any officer or employee of any United States penal or correctional institution, any officer, employee or agent of the customs or of the internal revenue or any person assisting him in the execution of his duties, any immigration officer, any officer or employee of the Department of Agriculture or of the Department of the Interior designated by the Secretary of Agriculture or the Secretary of the Interior to enforce any Act of Congress for the protection, preservation, or restoration of game and other wild birds and animals, any officer or employee of the National Park Service, any officer or employee of, or assigned to duty in, the field service of the Bureau of Land Management, any employee of the Bureau of Animal Industry of the Department of Agriculture, or any officer or employee of the Indian field service of the United States, while engaged in the performance of his official duties, or on account of the performance of his official duties, shall be punished as provided under sections 1111 and 1112 of this title."

Mr. YOUNG. I offer for the record a letter from the Attorney General, addressed to the Vice President of the United States, Washington, D. C., dated April 9, 1956, which includes two proposed bills from the executive department.

The letter above referred to, with accompanying bills, is reprinted herewith.

The VICE PRESIDENT,

United States Senate,

Washington, D. C.

APRIL 9, 1956.

DEAR MR. VICE PRESIDENT: At a time when many Americans are separated by deep emotions as to the rights of some of our citizens as guaranteed by the Constitution, there is a constant need for restraint, calm judgment, and understanding. Obedience to law as interpreted by the courts is the way differences are and must be resolved. It is essential to prevent extremists from causing irreparable harm.

In keeping with this spirit, President Eisenhower, in his state of the Union message, said:

"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. It is hoped that such a commission will be established promptly so that it may arrive at findings which can receive early consideration.

"We must strive to have every person judged and measured by what he is, rather than by his color, race, or religion. There will soon be recommended to the Congress a program further to advance the efforts of the Government, within the area of Federal responsibility, to accomplish these objectives."

I

The right to vote is one of our most precious rights. It is the cornerstone of our form of government and affords protection for our other rights. It must be safeguarded.

Where there are charges that by one means or another the vote is being denied, we must find out all of the facts-the extent, the methods, the results. The same is true of substantial charges that unwarranted economic or other pressures are being applied to deny fundamental rights safeguarded by the Constitution and laws of the United States.

The need for a full-scale public study as requested by the President is manifest. The executive branch of the Federal Government has no general investigative power of the scope required to undertake such a study. The study should be objective and free from partisanship. It should be broad and at the same time thorough.

Civil rights are of primary concern to all our people. To this end the Commission's membership must be truly bipartisan and geographically representative. A bill detailing the commission proposal is submitted with this statement.

The proposed legislation provides that the commission shall have six members, appointed by the President with the advice and consent of the Senate. No more than three may be of the same political party. The commission will 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. Knowledge and understanding of every element of the problem will give greater clarity and perspective to one of the most difficult problems facing our country. Such a study, fairly conducted, will tend to unite responsible people in common effort to solve these problems. Investigation and hearings will bring into sharper focus the areas of responsibility of the Federal Government and of the States under our constitutional system. Through greater public understanding, therefore, the commission may chart a course of progress to guide us in the years ahead.

II

At present the Civil Rights Section of the Department of Justice is one of a number of sections located within the Criminal Division. The protection of civil rights guaranteed by the Constitution is a governmental function and responsibility of first importance. It merits the full direction of a highly qualified lawyer, with the status of Assistant Attorney General, appointed by the President with the advice and consent of the Senate.

In this area, as pointed out more fully below, more emphasis should be on civil law remedies. The civil rights enforcement activities of the Department of Justice should not, therefore, be confined to the Criminal Division.

The decisions and decrees of the United States Supreme Court relating to integration in the field of education and in other areas, and the civil rights cases coming before the lower Federal courts in increasing numbers, are indicative of generally broadening legal activity in the civil rights field.

These considerations call for the authorization of an additional Assistant Attorney General to direct the Government's legal activities in the field of civil rights. A draft of legislation to effect this result is submitted herewith.

era.

III

The present laws affecting the right of franchise were conceived in another Today every interference with this right should not necessarily be treated as a crime. Yet the only method of enforcing existing laws protecting this right is through criminal proceedings.

Civil remedies have not been available to the Attorney General in this field. We think that they should be. Criminal cases in a field charged with emotion are extraordinarily difficult for all concerned. Our ultimate goal is the safeguarding of the free exercise of the voting right, subject to the legitimate power of the State to prescribe necessary and fair voting qualifications. To this end, civil proceedings to forestall denials of the right may often be far more effective in the long run than harsh criminal proceedings to punish after the event.

The existing civil voting statute (sec. 1971 of title 42, U. S. C.) declares that all citizens who are otherwise qualified to vote at any election (State or Federal) shall be entitled to exercise their vote without distinction of race or color. The statute is limited, however, to deprivations of voting rights by State officers or other persons purporting to act under authority of law. In the interest of proper law enforcement to guarantee to all of our citizens the rights to which they are entitled under the Constitution, I urge consideration by the Congress and the proposed Bipartisan Commission of three changes.

First, addition of a section which will prevent anyone from threatening, intimidating, or coercing an individual in the exercise of his rght to vote, whether claiming to act under authority of law or not, in any election, general, special or primary, concerning candidates for Federal office.

Second, authorization to the Attorney General to bring injunction or other civil proceedings on behalf of the United States or the aggrieved person in any case covered by the statute, as so changed.

Third, elimination of the requirement that all State administrative and judicial remedies must be exhausted before access can be had to the Federal court.

IV

Under another civil rights statute (sec. 1985 of title 42 of the U. S. C.) conspiracies to interfere with certain rights can be redressed only by a civil suit by the individual injured thereby. I urge consideration by the Congress and the proposed Bipartisan Commission of a proposal authorizing the Attorney General to initiate civil action where necessary to protect the rights secured by that statute.

I believe that consideration of these proposals not only will give us the means intelligently to meet our responsibility for the safeguarding of constitutional rights in this country, but will reaffirm our determination to secure equal justice under law for all people.

Sincerely,

Attorney General.

A BILL To establish a Bipartisan Commission on Civil Rights in the Executive Branch of the Government

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

ESTABLISHMENT OF THE COMMISSION ON CIVIL RIGHTS

SEC. 1 (a) There is created in the executive branch of the Government a Commission on Civil Rights (hereinafter called the "Commission").

(b) The Commission shall be composed of six members who shall be appointed by the President by and with the advice and consent of the Senate. Not more than three of the members shall at any one time be of the same political party. (c) The President shall designate one of the members of the Commission as Chairman and one as Vice Chairman. The Vice Chairman shall act as Chairman in the absence or disability of the Chairman, or in the event of a vacancy in that office.

(d) Any vacancy in the Commission shall not affect its powers and shall be filled in the same manner, and subject to the same limitation with respect to party affiliation, as the original appointment was made.

(e) Four members of the Commission shall constitute a quorum,

COMPENSATION OF MEMBERS OF THE COMMISSION

SEC. 2 (a) Each member of the Commission who is not otherwise in the service of the Government of the United States shall receive the sum of $50.00 per day for each day spent in the work of the Commission, shall be reimbursed for actual and necessary travel expenses, and shall receive a per diem allowance of $12.00 in lieu of actual expenses for subsistence, inclusive of fees or tips to porters and stewards.

(b) Each member of the Commission who is otherwise in the service of the Government of the United States shall serve without compensation in addition to that received for such other service, but while engaged in the work of the Commission shall be reimbursed for actual and necessary travel expenses, and shall receive a per diem allowance of $12.00 in lieu of actual expenses for subsistence, inclusive of fees or tips to porters and stewards.

DUTIES OF THE COMMISSION

SEC. 3 (a) The Commission shall:

(1) 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.

(2) Study and collect information concerning economic, social and legal developments constituting a denial of equal protection of the laws under the Constitution.

(3) Appraise the laws and policies of the Federal Government with respect to equal protection of the laws under the Constitution.

(b) The Commission shall submit interim reports to the President at such times as either the Commission or the President shall deem desirable, and shall submit to the President a final and comprehensive report of its activities, find

ings, and recommendations not later than two years from the date of the enactment of this statute.

(c) Sixty days after the submission of its final report and recommendations the Commission shall cease to exist.

POWERS OF THE COMMISSION

SEC. 4 (a) Within the limitations of its appropriations, the Commission may appoint a full-time staff director and such other personnel as it deems advisable, in accordance with the civil service and classification laws, and may procure services as authorized by section 15 of the Act of August 2, 1946 (60 Stat. 810; 5 U. S. C. 55a) but at rates for individuals not in excess of $50.00 per diem.

(b) The Commission may accept and utilize services of voluntary and uncompensated personnel and pay any such personnel actual and necessary traveling and subsistence expenses incurred while engaged in the work of the Commission (or, in lieu of subsistence, a per diem allowance at a rate not in excess of $12.00).

(c) The Commission may constitute such advisory committees and may consult with such representatives of State and local governments, and private organizations, as it deems advisable.

(d) All Federal agencies shall cooperate fully with the Commission to the end that it may effectively carry out its functions and duties.

(e) The Commission, or on the authorization of the Commission any subcommittee of two or more members, may, for the purpose of carrying out the provisions of this Act, hold such hearings and act at such times and places as the Commission or such authorized subcommittee may deem advisable. Subpoenas for the attendance and testimony of witnesses and/or the production of written or other matter may be issued over the signature of the Chairman of the Commission or of such subcommittee, and may be served by any person designated by such Chairman.

(f) In case of contumacy or refusal to obey a subpoena, any district court of the United States or the United States court of any Territory or possession, or the District Court of the United States for the District of Columbia, within the jurisdiction of which the inquiry is carried on or within the jurisdiction of which said person guilty of contumacy or refusal to obey is found or resides or transacts business, upon application by the Attorney General of the United States shall have jurisdiction to issue to such person an order requiring such person to appear before the Commission or a subcommittee thereof, there to produce evidence if so ordered, or there to give testimony touching the matter under investigation; and any failure to obey such order of the court may be punished by said court as a contempt thereof.

APPROPRIATIONS

SEC. 5. There is hereby authorized to be appropriated out of any money in the Treasury not otherwise appropriated, so much as may be necessary to carry out the provisions of this Act.

A BILL To provide for an additional Assistant Attorney General

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there shall be in the Department of Justice one additional Assistant Attorney General, who shall be appointed by the President, by and with the advice and consent of the Senate, who shall assist the Attorney General in the performance of his duties, and who shall receive compensation at the rate prescribed by law for other Assistant Attorneys General.

Senator BUTLER. May I ask a question?

The two bills are addressed to the representative of the Presidential Program on Civil Rights?

Mr. YOUNG. That is a letter we received from the Attorney General just recently. It is his latest method.

Senator HENNINGS. Under date of April 9, the letter to the Vice President from the Attorney General?

Mr. YOUNG. Yes, sir.

Senator DIRKSON. Is the letter being included in the record?
Senator HENNINGS. You intend to have it all included?

Mr. YOUNG. The letter, and the two bills.

Senator JOHNSTON. The letter from the Attorney General to the Vice President.

Mr. YOUNG. And the two proposed bills.

Senator JOHNSTON. The two proposed bills.

Senator HENNINGS. Would counsel tell us what the purposes of the two bills are?

Senator JOHNSTON. One provides for an additional Assistant Attorney General, and the other is to establish a bipartisan Commission on Civil Rights in the executive branch of the Government. Senator HENNINGS. There are just two bills?

Mr. YOUNG. Just two bills.

Senator DIRKSON. I may make this observation for the record, Mr. Chairman:

I believe the other two bills are a part of the program, introduced as of today—at least, as far as I know; I know they are being introduced, I thought they were introduced yesterday I am reasonably sure they would be introduced today, and I assume they will be referred to this committee.

Mr. YOUNG. They will be.

Senator DIRKSEN. And if it requires any suggestion on my part, I would suggest that they be made a part of the record in the agenda. Senator HENNINGS. Mr. Chairman, may I inquire of the distinguished Senator from Illinois what the two bills that have been introduced, or may be introduced, undertake to deal with?

Senator DIRKSEN. The two that have been introduced undertake to create an Assistant Attorney General.

Senator HENNINGS. I mean the other 2; the 2 you were just talking about.

Senator DIRKSEN. One, I think, gives the Attorney General power in his own right to proceed in civil actions or for violation of civil rights as against the present law, which leaves it in the hands of the aggrieved party. And then there is one other amendment-I don't recall it at the moment, but it will be introduced, I am sure. Senator HENNINGS. I thank you, sir.

Senator JOHNSTON. You may proceed.

Mr. YOUNG. Mr. Chairman, that completes the pro forma introduction of the bills before the committee and the applicable data. All these bills-not all of them, parts of these bills-involve constitutional questions of law, and I propose at this time to introduce in the record all the applicable provisions of law and the Constitution on the books which will come up during the course of these hearings.

In that respect, I will start with the United States Constitution, the 14th amendment. I believe these ought to be read into the record. Senator DIRKSEN. Mr. Chairman, may I supplement what I said a moment ago? You were commenting on those two bills. The first one would prevent anyone from threatening or intimidating or coercing an individual in the exercise of his right to vote, whether claiming to act under authority of law or not.

As I recall, the distinction there is, of course, the present law deals only with the State officials who may coerce or intimidate. The