President to "determine whether and in what respect current law-enforcement measures and the authority and means possessed by Federal, State, and local governments may be strengthened and improved to safeguard the civil rights of the people." (Executive Order No. 9808, December 5, 1946.)

Over a year later, after extensive work and research, the committee rendered its report to the President, entitled, "To Secure These Rights" (hereinafter referred to as Report). At the outset it was noted that it will not be denied that the United States possesses "a position of leadership in enlarging the range of human liberties and rights, in recognizing and stating the ideals of freedom and equality, and in steadily and loyally working to make those ideals a reality." Great and permanent progress was observed. Serious shortcomings were found and described. Constructive remedies were proposed.

The President, supported by the Department of Justice, which is continually engaged in the enforcement of the civil rights statutes, after careful study, concluded that the report of the President's committee was essentially sound and that its principal recommendations should be carried out.

In his message on civil rights, delivered to the Congress on February 2, 1948 (H. Doc. 516, 94 Congressional Record, February 2, 1948, at pp. 960–962), the President stated:

"One year ago I appointed a committee of 15 distinguished Americans, and asked them to appraise the condition of our civil rights and to recommend appropriate action by Federal, State, and local governments.

"The committee's appraisal has resulted in a frank and revealing report. This report emphasizes that our basic human freedoms are better cared for and more vigilantly defended than ever before, but it also makes clear that there is a serious gap between our ideals and some of our practices. This gap must be closed.

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"The Federal Government has a clear duty to see that constitutional guaranties of individual liberties and of equal protection under the laws are not denied or abridged anywhere in our Union. That duty is shared by all three branches of the Government, but it can be fulfilled only if the Congress enacts modern, comprehensive civil-rights laws, adequate to the needs of the day, and demonstrating our continuing fait in the free way of life."

The President then recommended that the Congress enact legislation directed toward specific objects, including:

Establishing a permanent commission on civil rights, a joint congressional committee on civil rights, and a civil-rights division in the Department of Justice.

Strengthening existing civil-rights statutes.

Protecting more adequately the right to vote.

Prohibiting discrimination in interstate transportation facilities.

These points are met in H. R. 4682. I strongly urge the enactment of the bill, and I join with the President's Committee in its view that “national leadership in this field is entirely consistent with our American constitutional traditions" (report, p. 104).

ANALYSIS OF PROPOSED CIVIL RIGHTS ACT OF 1949

Section 1 provides for the dividing of the act into titles and parts according to a table of contents, and for a short title, "Civil Rights Act of 1949." Section 2 contains legislative findings and declarations. Section 3 is a provision for separability.

Section 4 authorizes appropriations.

In my view the findings are the summation of years of experience, and reflect hard, physical facts which the President's Committee on Civil Rights, among others, has reported on, and which we at the Department of Justice meet daily. The purposes to be accomplished by the bill are purposes which this Nation has sought to achieve since its founding. We have always had the ideal and so long as we seek to realize it we are a healthy, vigorous Nation. Great gains have been made, but greater gains will be made if this bill is enacted. The bill does not purport to solve every problem and cure every evil; it does, however, represent a gerat forward step toward the goal of full civil liberties for all.

TITLE I-PROVISIONS TO STRENGTHEN THE FEDERAL GOVERNMENT MACHINERY FOR THE PROTECTION OF CIVIL RIGHTS

Part 1-A Civil Rights Commission

Section 101 creates a five-member commission on civil rights in the executive branch of the Government, and makes the necessary provision for the appointment of the members, the officers, vacancies, quorum, and compensation.

Section 102 provides for the duties and functions of the commission, including the making of an annual report to the President. (No hearing or subpena powers are conferred.) To state it simply, the job of the commission would be to gather information, appraise policies and activities, and make recommendations. Section 103 provides for the use of advisory committees, consultation with public and private agencies, and Federal agency cooperation. A paid staff is authorized, as well as the use of voluntary services.

At the present time the only unit in the executive branch of the Government which is specifically dedicated to work pertaining to civil rights of the people generally is the Civil Rights Section of the Department of Justice. (The work of the section is more fully discussed below, in connection with the proposed Civil Rights Division.) This section is a unit of the Criminal Division. Neither the section nor the Department has adequate facilities for studies or coordinating activities in civil rights matters. There is no agency which follows developments in the Federal or State spheres in civil rights, which can report authoritatively to the President or the Congress, or to the people, on the state of the constitutional liberties and safeguards, which can undertake research or survey projects for legislative purposes. In the fields of securities, trade and commerce, interstate carriers, labor, foreign affairs, defense, finance, and practically every other important phase of modern human endeavor, the Federal Government possesses highly qualified, specialized administrative and research agencies responsible for keeping the Government and the Nation abreast of all movements, trends, and developments. At any time that a new situation arises which calls for action, an expert opinion and thorough appraisal is available. But in the supremely important field of constitutional rights, the Government has no expert body or specialized agency for guidance and leadership.

It is not enough to protect rights now fully recognized and freely enjoyed if we are to progress toward enlarging the range of our liberties and privileges. We must be continually vigilant, prepared for every new form of attack upon the ideals and practices of our free society. We must be in a position to recognize the existence of the disease when it strikes, to diagnose it, to prepare a remedy and to apply such remedy-without giving it time and opportunity to spread and weaken our national fiber.

The White House and the Department of Justice receive a volume of mail from private citizens, including students, teachers, and universities, and, in some instances, from State officials, requesting information and guidance in constitutional problems-frequently in connection with civil liberties. Such mail is usually of necessity channeled to the Civil Rights Section, but it is far too overburdened to cope with the requests. Because of limited personnel and facilities, it must restrict its activities to the enforcement of the criminal civil-rights statutes. It can only use expedients such as referring communicants to privately written and published books (which the Department does not and cannot officially approve), and to private organizations and universities which study and report on the problems. (The NAACP, American Civil Liberties Union, Fisk University, and others have done notable work in the field. Much of the general information which the Department presently possesses has been furnished by such organization.)

As stated by the President's committee:

"In a democratic society, the systematic, critical review of social needs and public policy is a fundamental necessity. This is especially true of a field like civil rights, where the problems are enduring, and range widely. From our own effort, we have learned that a temporary, sporadic approach can never finally solve these problems.

"Nowhere in the Federal Government is there an agency charged with the continuous appraisal of the status of civil rights, and the efficiency of the machinery with which we hope to improve that status. There are huge gaps in the available information about the field. A permanent commission could perform an invaluable function by collecting data. It could also carry on technical research to improve the fact-gathering methods now in use. Ultimately, this would make possible a periodic audit of the extent to which our civil rights are · If it

did this and served as a clearing house and focus of coordination for the many private, State, and local agencies working in the civil-rights field, it would be invaluable to them and to the Federal Government." (Report, p. 154.)

The President, in his civil-rights message of February 2, 1948, made the following specific proposal to meet the need:

"As a first step, we must strengthen the organization of the Federal Government in order to enforce civil-rights legislation more adequately and to watch over the state of our traditional liberties.

"I recommend that the Congress establish a permanent Commission on Civil Rights reporting to the President. The Commission should continuously review our civil-rights policies and practices, study specific problems, and make recommendations to the President at frequent intervals. It should work with other agencies of the Federal Government, with State and local governments, and with private organizations."

The commission on civil rights proposed by this bill would have, in substance, the following functions and duties: It would act as a fact-finding agency concerned with the state of our civil rights, the practices of governments and organizations affecting civil rights, and with specific cases and situations involving deprivations of the rights of any person, group of persons, or section of the population. It would act as a research agency investigating general civilrights problems to determine their causes and to recommend cures, either by legislation or by other means under existing laws. It would act as an educating and informational agency to keep before the people and their governments the importance of preserving and extending civil rights, not only for the concrete gains such actions would result in, but to bring about a greater awareness of the obligations of this Nation as a member of the United Nations. It would act

for the Federal Government in working for and cooperating with the States and local governments in the solution of civil-rights problems, offering advice and assistance where desired or needed. In brief, the commission would represent the Government and the people, as well as provide leadership, in a continuing, vital phase of American life and society.

The establishment of an advisory commission or board to advise and assist the President is, of course, not an unusual action. With the growth of the Nation and the increase in the complexities of life and civilization, it has become increasingly necessary to make available expert agencies to handle the highly technical and involved problems naturally resulting. In the nineteenth century the process of building administrative machinery to meet the demands of an emerging industrial society began; the process was rapidly accelerated in the present century with the development of new avenues of enterprise in communication, commerce, finance, and general welfare. The administrative agencies, in order to carry out and enforce the Congressional policies, early found it necessary to develop their facilities for research and fact finding. These were used not only in the application of the specific laws within their jurisdiction, but in planning new programs to meet new problems as they arose. The stories of radio, television, air travel, securities and stock exchanges, and others, are too well known to need repeating here.

Advisory commissions and boards not charged with the administration of a regulatory statute have also been created, serving the President, the Congress, and the Nation in the formulation of policies and programs to be proposed to the Congress. Thus, the National Security Resources Board (61 Stat. 499; 50 U. S. C. 404 (1947 Supp.)) was created in 1947 "to advise the President concerning the coordination of military, industrial, and civilian mobilization * *." Also in 1947 the Commission on Organization of the Executive Branch was created (61 Stat. 246; 5 U. S. C. 138 (a) et seq. (1947 Supp.)) to study and report on the operations and organizations of the several agencies, departments, and bureaus of the executive branch.

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By the Employment Act of 1946 (60 Stat. 23; 15 U. S. C. 1021 et seq.), the Congress established a Council of Economic Advisers in the Executive Office of the President charged with duties and functions to gather information concerning economic developments and trends, to appraise relevant programs and activities of the Government, "to develop and recommend * * * national economic policies to foster and promote free competitive enterprise * * *" and to make and furnish studies, reports, and recommendations (15 U. S. C. 1023).

The powers given to the council are in many respects similar to those which would be given to the Civil Rights Commission by this bill, and the purposes and methods of the two groups for the attainment of their respective objectives would also be quite similar. Congress in the field of employment and economic stability

of the Nation recognized the need for a continuing executive agency to supervise and study developments, and the need in the field of constitutional civil rights should also be as clearly and decisively acknowledged and met. There is more than adequate precedent for the creation of a Civil Rights Commission as proposed in this bill, and there is more than an abundance of need for such a commission.

Part 2-Civil Rights Division, Department of Justice

Section 111 calls for the appointment of an additional Assistant Attorney General to be in charge, under the direction of the Attorney General, of a Civil Rights Division of the Department of Justice.

Section 112 makes provision for increasing, to the extent necessary, the personnel of the Federal Bureau of Investigation to carry out the duties of the Bureau in respect of investigation of civil-rights cases; and for the Bureau to include special training of its agents for the investigation of civil-rights cases. As I have pointed out, the Civil Rights Section is but one small unit of the Criminal Division of the Department. It has averaged during the 10 years of its existence (having been created in February 1939 by Attorney General, now Mr. Justice, Frank Murphy) from six to eight attorneys who are responsible for supervising the enforcement of the Federal civil-rights laws throughout the Nation. The necessary investigative work is done by the Federal Bureau of Investigation, pursuant to the request of and in cooperation with the section and the United States attorneys, but coordination and policy are effected and determined by the section, with the approval of the Assistant Attorney General in charge of the Criminal Division. The following is an observation by the President's committee:

"The Civil Rights Section's name suggests to many citizens that it is a powerful arm of the Government devoting its time and energy to the protection of all our valued civil liberties. This is, of course, incorrect. The section is only one unit in the Criminal Division of the Department of Justice. As such, it lacks the prestige and authority which may be necessary to deal effectively with other parts of the Department and to secure the kind of cooperation necessary to a thorough-going enforcement of civil-rights law. There have been instances where the section has not asserted itself when United States attorneys are uncooperative or investigative reports are inadequate. As the organization of the Department now stands, the section is in a poor position to take a strong stand in such contingencies" (report, p. 125).

The Assistant Attorney General in charge of the Criminal Division, as you know, is responsible for the enforcement of a multitude of criminal laws, ranging from espionage and sedition to the Mann Act and the Lindbergh law, and from the Fair Labor Standards Act to the postal laws. He must, of necessity, devote a great deal of his time to the many important matters faced by his division in addition to those presented through the Civil Rights Section.

The section, in addition to the enforcement of the civil rights and slavery and peonage statutes, is responsible for the enforcement of the criminal provisions of the Fair Labor Standards Act (29 U. S. C. 201 et seq.); the penalty provisions of the Safety Appliance Acts, dealing with railroads (45 U. S. C. 1, et seq.); the Kickback Act (18 U. S. C. 874); the Hatch Political Activity Act, and other statutes relating to elections and political activities (18 U. S. C. 591612); and sundry statutes designed or capable of being employed to protect the civil rights of citizens, to promote the welfare of workingmen, to safeguard the honesty of Federal elections, and to secure the right of franchise to qualified citizens. (For example, Railway Labor Act, 45 U. S. C. 152; or the statute relating to the transportation of strikebreakers, 18 U. S. C. 1231.)

Due to the limitations under which the section necessarily operates and has operated, it has not undertaken to police civil rights. The only cases it has handled are those which were brought to its attention by complainants, either directly or through the Federal Bureau of Investigation, the United States attorneys, or other Government agencies. Nevertheless, it has received a great number of letters and complaints. The section has received about 10,000 letters each year concerning civil liberties. (See appendix B.) The majority of these letters make clear the misconception which most members of the general public share regarding the scope of present Federal powers. It is estimated that only one-fifth of the letters involved a complaint of a possible deprivation of a right now federally secured. However, since the report of the President's Committee was issued in October 1947, a clearer awareness of the Federal Government's function in the field has apparently been created, and a larger number of civil

rights complaints of some substance, appropriate for Federal attention, have been received.

In addition to the civil rights cases, a large number of intricate cases involving alleged crimes in the field of elections and political activities have been received by the section, many from members of the Congress. And, of course, a steady volume of prosecutions under the Fair Labor Standards Act and the miscellaneous statutes handled by the section adds to the burden.

As stated by the President's committee:

"At the present time the Civil Rights Section has a completent of seven lawyers, all stationed in Washington. It depends on the FBI for all investigative work, and on the regional United States attorneys for prosecution of specific cases. Enforcement of the civil rights statutes is not its only task. It also administers the criminal provisions of the Fair Labor Standards Act, the Safety Appliance Act, the Hatch Act, and certain other statutes. It is responsible for processing most of the mail received by the Federal Government which in any way bears on civil rights. Although other resources of the Department of Justice are available to supplement the Civil Rights Section staff, the section is the only agency in the Department with specialized experience in civil rights work. This small staff is inadequate either for maximum enforcement of existing civil rights statutes, or for enforcement of additional legislation such as that recommended by this committee.

"The committee has found that relatively few cases have been prosecuted by the section, and that in part this is the result of its insufficient personnel. The section simply does not have an adequate staff for the careful, continuing study of civil rights violations, often highly elusive and technically difficult, which occur in many areas of human relations" (report, pp. 119–120).

Appendix B, attached hereto, contains a statistical summary of the work of the Civil Rights Section.

Notwithstanding the difficulties and limitations under which the section labors, it is called upon to deal with essential civil rights activities beyond the strict duties of prosecuting criminal cases. It assisted the Solicitor General in the preparation of the amicus curiae brief submitted by the Department to the Supreme Court in the restrictive covenant cases (Shelley v. Kraemer, 334 U. S. 1 (1948)), and it has aided the office of the Assistant Solicitor General in cooperating with the State Department in connection with United States participation in the preparation by the United Nations of the Universal Declaration of Human Rights and of a proposed covenant to enforce some of these rights. The section has assigned attorneys to the preparation and argument of appellate civil rights cases and has sent attorneys to the field in connection with the investigation and prosecution of difficult and complicated cases, including election crimes matters.

The President in his message on civil rights to the Congress, as one of the steps to be taken to strengthen the organization of the Federal Government to enforce civil-rights laws, specifically recommended "that the Congress provide for an additional Assistant Attorney General" to supervise a Civil Rights Division in the Department of Justice. This recommendation is incorporated in the present bill.

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With the creation of the Civil Rights Division, all the above-described necessary activities could be conducted with greater thoroughness and dispatch, and important tasks, not now undertaken, could be assumed. The civil rights enforcewent program would be given "prestige, power, and efficiency that it now lacks" (report, p. 152). Enactment of the President's program on civil-rights legislation would, of course, necessitate an increase in staff to cope with the increase in burdens. An expanded organization on divisional lines can meet the added requirements, but is certainly important even in the present situation. In the words of the executive secretary of the President's Committee on Civil Rights, "With an expanded staff * * the Civil Rights Section would be in a better position to search out civil-liberty violations and to take action designed to prevent violations. It would not have to limit itself, as it has in the past, to taking action after complaints are filed by outside persons. For example, there are sometimes advance warnings when a lynching is threatened, and when such warning signs are seen, the Civil Rights Section could send an agent of its own into the danger area or exercise greater authority to direct the activities of the Federal Bureau of Investigation agents. Such early action might frequently deter persons from contemplated unlawful conduct. At least it would place Federal officers in a position to obtain evidence promptly should an offense under civil-rights legislation be committed. This might make it possible to