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The CHAIRMẠN. Was there any question of race mentioned in that meeting?

Mr. PROCTOR. No question of race mentioned in that meeting, and no question of race or discussion of race, of blacks during any of the formative stage of that private club.

The CHAIRMAN. What you are saying is that at no meeting was any question raised that entered

Mr. PROCTOR. Éver entered into our discussion at the board and the meetings at which we were forming this club.

Senator KENNEDY. And that club meeting that took place about 2 months prior to this meeting which was part of the development of this corporation.

Mr. PROCTOR. That is correct.
Senator KENNEDY. Then will you continue reading, please.
Mr. PROCTOR. Which one ?

Senator KENNEDY. Just what you were reading. Try “After Cooling Off.”

Mr. PROCTOR. All right.

"The action came after a 2-month cooling off period following the proposal's first introduction. At that time former City Commissioner H. Ĝ. Easterwood, now a county commissioner, blasted the lease agreement. He said racial factors hinted as the reason for the move."

Is that what you would like for me to read? Is that far enough?
Senator KENNEDY. Yes. Does that refresh your recollection?
Mr. PROCTOR. Not altogether.
Senator KENNEDY. Is it a fact-

Mr. PROCTOR. Just a minute. I think I have an article in here that I would like to read.

The CHAIRMAN. I do not see what one politician said

Mr. PROCTOR. "First reaction to the move by several commissioners"_this is another article.

Senator KENNEDY. What date is that?
Mr. PROCTOR. This is dated on September 2, 1952.
"Country Club Organizers"-
Senator KENNEDY. We are talking about 1956, are we not?

Mr. PROCTOR. We are, but I would just like to read you an article about the same person.

Senator KENNEDY. I would be glad to have the article read to me. I would like to just stay on this point.

Mr. PROCTOR. Let me read you just one little sentence here. The CHAIRMAN. Proceed. Mr. PROCTOR (reading). Commissioner H. G. Easterwood said he would consider leasing the club if the corporation would take over all expenses. Mayor Commissioner B. A. Ragsdale and Commissioner H. C. Summit could not be contacted for comment.

Senator KENNEDY. According to this article, Mr. Proctor, there had been, at least in the opinion of former City Commissioner Easterwood, racial considerations and this had been raised at one of the formative meetings, according to this article, had it not?

Mr. PROCTOR. Well, I do not know whether this was a meeting or if this was at a city commission meeting which I did not attend. It said this. After cooling off, the "action came after a 2-month cooling off period following the proposal's first introduction.” That could have been a city commission meeting. I was not a city commissioner.

Senator Kennedy. But that would still be at the time of the formation of this club, would it not?

Mr. PROCTOR. It would be at the time of the formation of the club.

Senator KENNEDY. And racial factors had at least been raised, according to this article, by City Commissioner H. G. Easterwood. I am not asking whether you were at the meeting Mr. PROCTOR. That is right.

Senator KENNEDY. According to this article they had been raised, had they not?

Mr. PROCTOR. Evidently they may have been raised. Commissioner Easterwood is no longer in this world, so I could not speak for him.

Senator KENNEDY. But at least as reported on the front page of the newspaper ?

Mr. PROCTOR. According to this article, yes, sir.
Senator KENNEDY. They had been a matter of consideration?
The CHAIRMAN. But you never heard it!

Mr. PROCTOR. I have never heard Easterwood, I have never heard Julian Smith, mentioned in an article, raise any discussion of the blacks and whites during the formation of this club.

The CHAIRMAN. After all, the best evidence is not what one politician says in a newspaper, but it is what happened at those meetings. Now was any question raised at any of those meetings?

Mr. PROCTOR. It was not raised. It was not discussed at any of the formative meetings of the Tallahassee Country Club, Inc., by the directors or subscribing members before taking over the club. The article that I have here announced the fact that when the club was taken over, "and although it was a new private organization” that it was open to the public for daily, monthly, and yearly green fees.

The CHAIRMAN. And it was your understanding that that club was open to all members? Mr. PROCTOR. That is correct.

Senator KENNEDY. But it was also your understanding, further, that there were not any blacks that were either incorporators or members of that club?

The Chairman. He did not say that.
Senator KENNEDY. I am asking him.

Mr. PROCTOR. In the group that I worked with, no. If there were any blacks on the 450 to 500 members who subscribed to the original stock, I do not know.

Senator KENNEDY. Is it further your understanding that if the golf course had remained under city control, that it would have had to have been integrated ?

Mr. PROCTOR. If it had remained under city control it may not have existed.

Senator KENNEDY. If it had existed, under the Supreme Court decisions of 1955 would it not have had to be integrated ?

Mr. PROCTOR. Under your Supreme Court ruling I assume that it would. That was the law.

Senator KENNEDY. And so that the group that took over the golf course was an all-white group, was it not?

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Mr. PROCTOR. The majority, yes. I do not know of any blacks. I do not know,

Senator KENNEDY. Is it further your understanding that if the course was a private club, which it was, under the Supreme Court decisions then, and even under then existing civil rights acts, that as a private club it did not necessarily have to be integrated ?

Mr. PROCTOR. Would you repeat that question. I am not sure about that.

Senator KENNEDY. As a private club, the club did not have to integrate, did it, Mr. Proctor, under the Supreme Court rulings at that time, and as a municipal golf course it did have to integrate?

Mr. PROCTOR. Under the club as it was formed, it was open to the public. On July of 1957 the Capital City Country Club bought sufficient land from the city of Tallahassee, 10 acres to be exact, in order to build a new clubhouse and build the facilities that they desired. And also at that time it became the club started out as a profit organization, and after that submitted a petition for a nonprofit corporation under a new club. That took place January 1st of 1957. The club petitioned the court to change the name to the Capital City Country Club, and to become a nonprofit corporation. At that time it became a private club.

The CHAIRMAN. The judge's only interest in it, you fellows called on him for $100 ?

Mr. PROCTOR. That is correct.

The CHAIRMAN. He never attended any meetings. Did he know anything about the club?

Mr. PROCTOR. I would not know how he would other than what he read in the paper, because he absolutely never attended a meeting. He never attended one of the early meetings.

The CHAIRMAN. And then ?

Mr. PROCTOR. And then he withdrew his membership less than 6 months after. Well, I guess it was about 6 months after he joined, before the stock was ever issued and before it became a club.

Senator KENNEDY. Mr. Proctor, if he read the newspapers, if he read the front page of that newspaper, he would understand from that article that has been included as part of the record, and which you referred to, that there was the formation of a new and private club, that there was also a club that that would be available for blacks, that the new club was going to be available to only "acceptable persons," and certainly I do not think it would be unreasonable to assume given the situation at that time, that acceptable persons would have a segregated connotation to it. And furthermore, if he read that article

Mr. PROCTOR. Senator, I would like to say that in trying to get a new club started like that, there are a lot of people who are approached as a civic duty and asked to contribute.

Senator KENNEDY. Further-
The CHAIRMAN. Are you through?

Mr. PROCTOR (continuing). To get a club started. I feel sure that that was probably and I know that is the reason Judge Carswell joined, because he is not a golfer. At that time his family, his children were not large enough to play golf, and we did not have facilities there that was an inducement for anyone to join the club. We were

trying to get something started, get a club started that we could enjoy and that would be an asset to the city of Tallahassee, and it was greatly needed. We also went to many others. Governor Collins was one. I think he mentioned here during his testimony that he was approached and probably had $100 invested and did not know what was going on. But Judge Carswell was never active other than the fact that he made a subscription by payment of $100 toward membership. Before the club was formed completely he withdrew his membership and got his money back.

Senator KENNEDY. As I understand it, the club itself, those initial incorporators did do at least one thing. That was to take over the lease of this land, did they not?

Mr. PROCTOR. "That is right, the lease was assigned to this group, that is correct.

Senator KENNEDY. So they did function?

Mr. PROCTOR. Functioned to that extent, correct, but Judge Carswell was not functioning. His name was there.

Senator KENNEDY. No further questions, Mr. Chairman.
The CHAIRMAN. You are excused, sir.

We are going to recess until 9 o'clock in the morning. We are going to hear two witnesses from 9 until 11:30 and the hearings will be closed.

We have had requests over the weekend from a number of people who wanted to testify. They can file a statement up until Thursday of this week.

There will be an executive session of the Judiciary Committee at 11:30 tomorrow morning.

The committee is now adjourned for today.

(Whereupon, at 6:50 p.m., the committee was recessed, to reconvene at 9:00 a.m. Tuesday, February 3, 1970.)

NOMINATION OF GEORGE HARROLD CARSWELL

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TUESDAY, FEBRUARY 3, 1970

U.S. SENATE,
COMMITTEE ON THE JUDICIARY,

Washington, D.C. The committee met, pursuant to recess, at 9:10 a.m., in room 2228, New Senate Office Building, Senator Joseph D. Tydings presiding.

Present: Senators Tydings (presiding), Ervin, Hart, Kennedy, Burdick, Bayh, Fong, Thurmond, Cook, Mathias and Griffin.

Also present: John H. Holloman, chief counsel, Peter M. Stockett, and Francis C. Rosenberger.

Senator TYDINGS. We will continue the hearings on Judge Carswell's nomination to be a Justice of the Supreme Court.

I would like to welcome before this committee Joseph L. Rauh, Jr., and Clarence Mitchell, whose illustrious background and biographical sketch needs no further mention.

TESTIMONY OF CLARENCE MITCHELL, LEGISLATIVE CHAIRMAN,

LEADERSHIP CONFERENCE ON CIVIL RIGHTS

Mr. MITCHELL. Thank you, Mr. Chairman and members of the committee.

I must say that as a native of the State of Maryland, I feel espécially happy to be before you Senator Tydings as acting chairman of the committee, and also before you Senator Mathias. I admire both of you greatly and I feel'this is a wonderful opportunity to present our case.

I would like to say before I begin, Mr. Chairman, that I have heard a number of reports which indicate that there are those who have thrown in the towel and it is assumed that this presentation is an exercise in futility.

I do not come here in that spirit. I come here in the spirit that this committee is still open to hearing what we have to say and that it will weigh what we present in reaching its decision.

I also believe that the Senate of the United States will take the evidence into consideration when it considers this nomination.

I would not take up the time of this committee if I thought that the result had already been determined and it was useless to present

Senator MATHIAS. Mr. Chairman, if I could interrupt the witness just very briefly, I would like to respond to his opening remarks and say that we welcome him here not only as a distinguished citizen of Maryland, but he and I have had an opportunity to do business together in the other body as well as here on a number of matters, and I have always found that the information that he brings to the

our case.

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