Senator SAM J. ERVIN, Jr., STATE OF ALASKA, DEPARTMENT OF LAW, OFFICE OF THE ATTORNEY GENERAL, Juneau, June 2, 1966. Chairman, Subcommittee on Constitutional Rights, Committee on the Judiciary, U.S. Senate, Washington, D.C. DEAR SENATOR ERVIN: Thank you very much for allowing me the opportunity to express my views on the proposed Civil Rights Act of 1966 (S. 3296). Initially I would like to express that I am unequivocally in accord with the policy and the letter of this proposed legislation. This represents not only my personal view and the attitude of this office, but the State policy as well. The clear and strong provision by the framers of the Alaska Constitution declares that "No person is to be denied the enjoyment of any civil or political right because of race, color, creed, or national origin. The Legislature shall implement this section." It has been the consistent and sincere effort of the State administration and this office as well to effectuate this declared policy. The national events of the past years have made painfully obvious two facts. First, that it is difficult to attain uniform national objectives and policies through diverse state action. Secondly, that the influence and the authority of the federal government can go far in expediting the guarantee of Constitutionally granted rights. In light of this, and in light of the fundamental rights involved, it appears that this proposed legislation is appropriate and desirable. My review of this Bill leads me to believe that its extremely embrasive provisions will be workable and enforceable and will prevent discrimination on account of race, color, and creed which is so out of harmony with Constitutionally guaranteed civil rights. Very truly yours, WARREN C. COLVER, STATE OF CONNECTICUT, ATTORNEY GENERAL'S OFFICE. Hon. SAM J. ERVIN, Jr., Chairman, Subcommittee on Constitutional Rights, Committee on the Judiciary, U.S. Senate, Washington, D.C. DEAR SENATOR ERVIN: This is to acknowledge receipt of a copy of your letter of May 6, 1966, with enclosure, addressed to Governor John Dempsey. I think that it might be helpful to your committee if it had available the Connecticut legislation concerning discrimination in public accommodations, or the rental and sale of housing accommodations or building lots. Accordingly, I am enclosing a copy of pertinent Connecticut Statutes. I call your attention specifically to Sections 53-35 through 53–36d. If I can be of any further assistance to you or your Subcommittee please do not hesitate to ask. Very truly yours, HAROLD M. MULVEY, Sec. 53-35. Discrimination in public accommodations, rental housing and sale of building lots. (a) All persons within the jurisdiction of this state shall be entitled to full and equal accommodations in every place of public accommodation, resort or amusement, subject only to the conditions and limitations established by law and applicable alike to all persons; and any denial of such accommodation by reason of race, creed, color, national origin or ancestry of the applicant therefor shall be a violation of the provisions of this section. Any discrimination, segregation or separation, on account of race, creed, color, na tional origin or ancestry shall be a violation of this section. A place of public accommodation, resort or amusement within the meaning of this section means any establishment, which caters or offers its services or facilities or goods to the general public including, but not limited to, public housing projects and all other forms of publicly assisted housing, and further including any housing accommodation or building lot, on which it is intended that a housing accommodation will be constructed, offered for sale or rent, provided the provisions of this section shall not apply (1) to the rental of a housing accommodation in a building which contains housing accommodations for not more than two families living independently of each other, if the owner or members of his family reside in one of such housing accommodations, or (2) to the rental of a room or rooms in a housing accommodation, if such rental is by the occupant of the housing accommodation, or by the owner of the housing accommodation and he or members of his family reside in such housing accommodation. Any person who violates any provision of this section shall be fined not less than twentyfive nor more than one hundred dollars or imprisoned not more than thirty days or both. (b) This section shall not apply to proceedings pending before the civil rights commission or in any court on October 1, 1963. P.A. 113; 1961, P.A. 472; 1963, P.A. 594; February, 1965, P.A. 141.) (1959, Sec. 53-35a. Discrimination in associations of professional or other licensed persons. Any association, board or other organization the principal purpose of which is the furtherance of the professional or occupational interests of its members, whose profession, trade or occupation requires a state license, which refuses to accept a person as a member of such association, board or organization because of his race, creed or color shall be fined not less than one hundred dollars nor more than five hundred dollars. (February, 1965, P.A. 433, S. 1) Sec. 53-36. Complaint to civil rights commission. Commission may issue complaint. In addition to the penalties provided for violation of sections 53-34 and 53-35 and section 53-35a, any person claiming to be aggrieved by a violation of *** any such section may, by himself or his attorney, make, sign and file with the civil rights commission a complaint in writing under oath which shall state the circumstances of such violation and the particulars thereof and shall contain such other information as may be required by the commission. In addition, the commission, whenever it has reason to believe that section 53-35 or section 58-35a has been or is being violated, may issue a complaint. The commission may thereupon proceed upon such complaint in the same manner and with the same powers as provided in chapter 563 in the case of unfair employment practices, and the provisions of said chapter as to the powers, duties and rights of the commission, the complainant, the court, the attorney general and the respondent shall apply to any proceeding under the provisions of this seetion. (1959, P.A. 111; February, 1965, P.A. 433, S. 2.) When one of alleged co-conspirators is acquitted, this does not necessarily make fatal convictions of other co-conspirators. 151 C. 592. Sec. 53-36a. Complaint for injunction. Bond. In any complaint filed under the provisions of section 53-36 wherein a violation of section 53-35 in the sale or rental of housing accommodations has been alleged and after a determination of reasonable cause by a commissioner in the manner provided for in seetion 31-127, any three commissioners of the commission on civil rights may file a petition in equity in the circuit court in the circuit in which the unlawful practice which is the subject of the complaint occurred or in the circuit in which the respondent resides, seeking appropriate injunctive relief against such respondent, including orders or decrees restraining and enjoining him from selling or renting to anyone other than the complainant or otherwise making unavailable to the complainant any housing accommodations with respect to which the complaint is made, pending the final determination of proceedings on said complaint. No temporary or permanent injunctive relief, order or decree shall be granted except after hearing, notice of which shall be given to the respondent not less than three, nor more than five, days prior thereto in such manner as the court, or any judge of the court when such court is not actually in session, may direct. The court, or any judge of the court when such court is not actually in session, shall have power to grant such temporary relief, or restraining orders as it or he deems proper. No injunctive relief, order or decree and no temporary relief or restaining order shall issue in any case until the commission gives bond in an amount to be determined by the court or judge. in favor of the respondent, for which it is empowered to pledge the full faith and credit of the state. By the terms of such bond the respondent shall be entitled to all damages suffered by him in case the commission fails to prosecute to effect the action in which the relief, order or decree was granted. (February, 1965, P.A. 543, S. 1) Effective July 1, 1965. Sec. 53-36b. Notice. Hearing. Judgment. Appeal. (a) In any case wherein the commission files a petition in equity in the circuit court as provided in section 53-36a such court shall assume exclusive jurisdiction of all civil proceedings arising out of the complaint, any provision of section 53-36 to the contrary notwithstanding. This shall not bar the commission from continuing its investigation nor its conciliation efforts. The commission shall incorporate in and make a part of its petition in equity its complaint against the respondent and its prayers for relief. Notice of such complaint shall be given to the respondent simultaneously with notice of hearing on the injunctive relief, order or decree sought and in the same manner as is provided therefore in section 53-36a. Upon service on the respondent of such notice, the respondent shall not sell or rent the housing accommodations which are the subject of the complaint to anyone other than the complainant until the court or judge has decided the application for temporary injunctive relief, and the notice shall so provide. The court or judge shall at the same hearing hear arguments both on the temporary or permanent injunctive relief, order or decree sought and on the merits of the complaint unless within two days before the date set for hearing the respondent shall have filed with the court and served by mail upon the commission a request for postponement of the hearing on the merits. If any temporary relief or restraining order is granted, the court or judge shall grant or deny the permanent injunctive relief, order or decree sought in the petition and enter judgment on the merits of the complaint within seven days after completion of the hearing. Appeals direct to the supreme court shall lie from such judgment and from the granting of any injunctive relief, order or decree. Upon issuance of a permanent injunction the case shall be returned to the commission for such further action as is authorized by chapter 563. (b) Upon entry of judgment in favor of the respondent as provided in subsection (a), the court or judge shall simultaneously enter an order dissolving any injunctive relief, order or decree or temporary relief or restraining order theretofore issued against the respondent in the matter. (February, 1965, P.A. 543, S. 2, 3.) Effective July 1, 1965. Sec. 53-36c. Attorney general to be counsel for commission. The case in support of the complaint herein shall be presented at the hearing by the attorney general, who shall be counsel for the commission. (February, 1965, P. A. 543, S. 4.) Effective July 1, 1965. Sec. 53-36d. Appeals. In any appeal to the supreme court under the provisions of sections 53-36a to 53-36d, inclusive, the chief justice or any judge of the supreme court, on written application, after oral hearing, may order a party who has filed a notice of intent to appeal either to appeal or withdraw such notice of appeal and may make such orders as will expedite said appeal, may by further order specify some different and more expeditious manner by which the record on appeal may be prepared and submitted and may permit for the purposes of the appeal the use of typewritten copies of some or all papers necessary or appropriate therefor in order to enforce due diligence and dispatch of such appeal and may further order in appropriate situations the later filing of printed copies for permanent record purposes. (February, 1965, P.A. 543, S. 5.) Effective July 1, 1965. STATE OF LOUISIANA, Hon. SAM J. ERVIN, Jr., U.S. Senator, Senate Office Building, Washington, D.C. DEAR SENATOR: Pursuant to your letter of May 6, 1966, my staff and I researched the various civil rights bills contained in the proposed new Civil Rights Act of 1966. The work and research on this have been tremendous and I am sorry we could not answer you earlier. I am sending you the results of our work, con |