Frank G. Link (W) 6-7-63: Lexington, N.C. Killed during rioting. Three Negroes convicted-one sentenced to serve four to seven years for second-degree murder, and two sentenced to six-month terms on charges of engaging in a riot.

William L. Moore (W) 4-23-63: Near Attalla, Ala. Mailman from Baltimore, Md., making one-man protest march across Alabama slain by bullet. Grand jury failed to indict white suspect.

Paul Guihard (W) 10-30-62, Ray Gunter (W): Oxford, Miss. Guihard (news reporter from France) and Gunter (local TV repairman) slain during white rioting over admission of James Meredith to University of Mississippi. No arrests.

Leroy Parks (W) 9-6-62: Dallas, Ga. Victim was among masked nightriders calling on a Negro woman who was charged in the slaying. Coroner's jury ruled shooting justifiable homicide. Suspect moved North after release from jail.

Cpl. Roman Ducksworth Jr. (N) 4-9-62: Taylorsville, Miss. Shot by white policeman when the Negro refused to move to rear of interstate bus. No arrests. Eli Brumfield (N) 10-31-61: McComb, Miss. Shot by policeman during racial unrest. No arrests.

Herbert Lee (N) 9-25-61: Liberty, Miss.

Civil rights worker shot by a white

state legislator. Coroner's jury ruled justifiable homicide.

Frank Coleman Dumas (W) 6-1-61: Shot to death in his home. Preston Cobb, Jr., 15 year old Negro, found guilty of murder Aug. 16, 1961, and sentenced to die. Case retried, ending in sentence to life imprisonment. Motion for new trial pending.

William Nance (N) 8-26-60: Near Winchester, Tenn. Body found in Lakeview Lake with slugs from three different guns and weighted with large rock. No

arrests.

Albert Pitts (N) 7-23-60, David Pitts (N), Ernest McPharland (N), Marshall A. Johns (N): Monroe, La. White employer arrested, then released in the shooting of five of his employees; four died Victims accused of making threats. Records of Dist. Court, Parish of Ouachita, Monroe, La., reveal that no bill of indictment or information was ever filed.

Mrs. Mattie Greene (N) 5-20-60: Ringgold, Ga. when her home was dynamited. No arrests.

Died under falling debris

William Roy Prather (N) 11-1-59: Corinth, Miss. The 15-year-old boy was killed in anti-Negro "Halloween prank." Eight white youths charged with the slaying, six of whom were turned over to juvenile court. One indicted on manslaughter charge.

Tommy Dwight (N) 6-13-59: Dalton, Ga. Four white men fired supposedly over the heads of a group of Negroes intending to "scare" them, but four fatal buckshots hit the 11-year-old victim. The four were indicted on charges of involuntary manslaughter. Charges reduced to misdemeanor and three of the men sentenced to serve one year. One of these permitted to serve the year outside jail.

Jonas Causey (N) 5-10-59: Clarksdale, Miss. NAACP requested investigation and action against 15 policemen accused of the slaying. No arrests.

Mack Charles Parker (N) 4-25-59: Poplarville, Miss. Abducted from unguarded jail cell and shot to death. No arrests.

James Henry Ellison (N) 9-20-58: Chattanooga, Tenn. Shot from a passing car occupied by two white couples. No arrests.

Ernest Hunter (N) 9-13-58: St. Mary's, Ga. Slain while in jail. White policeman accused of shooting reported that he and victim engaged in a struggle. No arrests. Joe Franklin Jeter Sr. (N) 9-13-58: Atlanta, Ga Shot by white policeman who said victim was resisting arrest. Grand jury returned "no bills" on three charges.

Richard Lillard (N) 7-26-58: Nashville, Tenn. Died after a beating in local workhouse by three white guards. They were indicted on murder charges on Aug. 15, 1958. Each was acquitted on Jan. 16, 1959.

Woodrow Wilson Daniels (N) 7-1-58: Water Valley, Miss. Died of brain injury nine days after beating. White sheriff acquitted of manslaughter charge. Willie Countryman (N) 5-25-58: Dawson, Ga. Shot in his backyard by white policeman. Federal grand jury failed to indict the policeman, who had been accused in another death one month earlier.

John Larry Bolden (N) 5-3-58: Chattanooga, Tenn. The 15-year-old boy was shot by white policeman. No court action. James Brazier (N) 4-25-58: Dawson, Ga.

Victim died a few days after beating at hands of white policemen. Federal grand jury refused to indict four accused officers.

George Love (N) 1-8-58: Ruleville, Miss. Killed by 25-man posse. No

arrests.

Willie V. Dunigan (N) 11-18-57: Lomax, Ala. Shot by sheriff's deputies outside his home. Deputies were looking for person(s) who earlier wounded another deputy. No arrests.

Charles Brown (N) 6-25-57: Near Yazoo City, Miss. White man charged with shooting the victim, a young airman, who was visiting at the home of the suspect's sister.

James Hollis (N) 2-3-57: Griffin, Ga. The 17-year-old boy was slain and a white housewife wounded by husband who found them together partially clothed in his home. A grand jury failed to indict the husband.

Mrs. Maybelle Mahone (N) 12-5-56: Near Molena, Ga. Shot by white man for "sassing" him. The 71-year-old suspect was first given a life sentence on a murder charge, Aug. 1, 1957, but was found "not guilty for reasons of insanity" the following March 21, 1958.

Mrs. Bessie McDowell (N) 6-14-56: Andalusia, Ala. Killed by white father and son, who were indicted on first and second degree murder counts. Rev. C. H. Baldwin (N) 4-22-56: Near Huntsville, Ala. Victim struck by heavy rock. White man convicted of second-degree manslaughter, sentenced to 12 months at hard labor.

Dr. Thomas H. Brewer (N) 2-18-56: Columbus, Ga. Prominent physician and NAACP leader shot by white man. Grand jury refused to indict.

Milton Russell (N) 1-21-56: Belzoni, Miss. Burned to death in his home. Whites suspected of foul play. No arrests.

Richard King (N) 1-6-56: Eufaula, Ala. White man given life sentence for pistol slaying. He was later paroled, violated his parole and “might be back in prison," according to Barbour County's court clerk.

Edward Duckworth (N) 1-56: Raleigh, Miss. White man reportedly admitted the shooting but claimed self defense. Suspect died of heart ailment while awaiting grand jury action.

James E. Evanston (N) 12-24-55: Near Drew, Miss. Body of school principal found in Long Lake with neck broken and no water in lungs to indicate drowning. Negro press called it civil rights slaying. Death officially ruled suicide.

Clinton Melton (N) 12-3-55: Glendora, Miss. White suspect was indicted on a murder charge and later acquitted.

John Earl Reese (N) 10-22-55: Near Longview, Tex. The 16-year-old boy died of injuries from shotgun blast into cafe from a moving car. Two whites indicted for murder, one given a five year suspended sentence.

Emmett Till (N) 8-28-55: LeFlore County, Miss. The 14-year-old boy from Chicago was slain after "smart-alec" talk to a Mississippi white woman. Body found in a river, beaten and shot. Two white men indicted for murder and acquitted.

Lamar Smith (N) 8-17-55: Brookhaven, Miss. Victim was shot down on lawn of county courthouse in broad daylight. A grand jury failed to indict three accused white men.

Rev. George W. Lee (N) 5-7-55: Belzoni, Miss. Killed by a shotgun blast from a car carrying several whites. No arrests.

THE LIBRARY OF CONGRESS, LEGISLATIVE REFERENCE SERVICE, Washington, D.C., April 7, 1966.

RECENT MURDERS OF PERSONS WORKING FOR, OR EXERCISING, CIVIL RIGHTS

1933

William L. Moore (white); Attalla, Alabama, April 23, 1963; Etowah County jury refused to indict suspect, September 14.

Medgar W. Evers (Negro); Jackson, Mississippi, June 12; Hinds County jury twice refused to convict accused man, second mistrial declared, April 17, 1964.

1964

Mrs. Johnnie Mae Chappell (Negro); Jacksonville, Florida, March 23; no further report found in the New York Times.

Michael H. Schwerner (white), Andrew Goodman (white), James E. Chaney (Negro); Philadelphia, Mississippi, June 21, 1964; Nesheba county did not indict any persons; Federal jury indicted suspects for plotting to murder; Federal court dismissed felony charges against 17, upheld indictments against sheriff, deputy sheriff, policeman for violating civil rights under color of law, and upheld indictments against all 17 for conspiracy to violate rights, February 25, 1965; Supreme Court reinstated Federal criminal charges against 17 men, March 28, 1966.

Charles Moore and Henry H. Dee (both Negro); bodies found in Mississippi River, July; charges against two men were dismissed in a Mississippi court, January 11, 1965.

Lemuel A. Penn (Negro); Athens, Georgia, July 11; two accused men acquitted by Georgia jury, September 5; Federal court dismissed charges against six men of conspiracy to violate civil rights, December 29; Supreme Court reinstated Federal charges, March 28, 1966.

1965

Jimmie Lee Jackson (Negro); Marion, Alabama; shot February 18, died February 26; no charges brought.

James J. Reeb (white); Selma, Alabama; attacked March 9, died March 11; three accused men acquitted by Alabama jury, December 10; the three have been charged with violation of Federal law, but have not been indicted.

Mrs. Viola G. Liuzzo (white); between Selma and Montgomery Alabama, March 25; Wilkins, one of three Klansmen accused, acquitted by Alabama jury, October 22; three Klansmen convicted by Federal jury of conspiracy to violate civil rights, December 3; Eaton, Thomas still faces murder charges by State.

O'Neal Moore (Negro); Bogalusa, Louisiana, June 2, 1965; no further report found in New York Times.

Jonathan M. Daniels (white); Hayneville, Alabama, August 20; accused man acquitted by Lowndes County jury, September 29.

1966

Samuel L. Younge (Negro); Tuskegee, Alabama; January 3; suspect arrested by Alabama, January 4.

Vernon Dahmer (Negro); Hattiesburg, Mississippi, January 10; FBI arrested 13 members of White Knights of KKK, March 28, on charges of violating civil rights. Fourteenth KKK member charged by FBI surrendered himself, March 31.

PAUL M. DOWNING,

Government and General Research Division.

Senator ERVIN. Do you have anything else? Senator JAVITS. That is all on title V, thank you, Mr. Chairman. Senator ERVIN. Mr. Attorney General, referring to our colloquy about hospitals, I want to put in the record at this point an editorial from the Greensboro Daily News, Greensboro, N.C., May 28, 1966, and have it printed in the record in full, but I will read only this part. The editor expressed the opinion that:

*** there can be no case for denying a private citizen his lawful right under a program into which he may well have paid hundreds of dollars in premiums. (The editorial referred to follows:)

[From the Greensboro Daily News, May 28, 1966]

"RACIAL BALANCE" IN THE HOSPITALS

The mounting frenzy over the preparedness of the nation's hospital bedswoefully short in any case--has been needlessly complicated by the decision of Health, Education and Welfare officials to use Medicare payments as a lever to force their own program of anti-discrimination.

We have no brief here for local hospital boards that needlessly defy national policy; and like it or not, Congress and the courts have established the principle that federal funds are not to be used to perpetuate racial discrimination.

But the issue raised here is more than a simple collision between stubborn local boards and federal bureaucrats over that principle.

The rationale of Medicare under Social Security, due to go into effect July 1, is that a citizen 65 or over shall enjoy its benefits as a matter of right-not as a beneficence of public or private charity that can be given or withheld on the basis of a means test or any other test. Social Security is not a tax program; it is a program of social insurance. And ideally the fact that it is government-operated should be as incidental and as unobtrusive as possible. It should be as uncomplicated and as accessible as a private insurance policy.

In the present encounter, however, we have an arbitrary decision by wellmeaning but short-sighted officials in Washington to complicate the administration of this social insurance by linking it with an antidiscrimination policy. And however desirable that policy in itself, it should take a back seat to problems of acute illness.

Even assuming that the use of social insurance as a wedge is wise or just in this instance and we think not-the precedent is dangerous. Do the officials at HEW seriously say that if ordinary monthly Social Security payments to the elderly should run athwart a federal policy, they could feasibly suspend those payments-perhaps depriving citizens of food, clothing and shelter? We doubt it. And yet what they propose to do to some of the elderly with respect to Medicare is identical in principle.

After all, Social Security is a buttress of the welfare of the private citizen, not of institutions such as hospitals-which as many of the holdouts show could very well do without Medicare payments. The denial of a citizen's right is no proper way, practically or ethically, to discipline the policies of an institution, especially when some hospital boards are only too anxious for a pretext to sabotage Medicare

anyway.

There may be a case under Title VI for withholding other forms of federal subsidy for hospital buildings, say—as a policy lever. But there can be no case for denying a private citizen his lawful right under a program into which he may well have paid hundreds of dollars in premiums.

Further, the Department of Health, Education and Welfare would do well to ponder the practical implications of this policy.

Is it now to be the case, as we feared when Title VI and its powers of blackmail were written into a civil rights bill with many good points, that every single program-educational, medical or otherwise-is to be ensnarled by the discrimination issue? Especially, one might add, when the policies or "guidelines" laid down for compliance reflect no specific directive of Congress and are subject to whimsical change from year to year?

If so, the day is foreseeable when Congress, under popular pressure, will shy from almost every piece of social legislation, however desirable, because it threatens to create another administrative nightmare.

Somehow a balance must be struck and struck soon between the demands of racial engineering and the practical demands of the citizen for education, health care and basic security. Certainly that balance is not being struck in the present hospitals imbroglio.

Senator ERVIN. I know of no hospital in North Carolina which does not receive people of all races, and undertake to give them necessary medical attention. And none of these cases arise where that is a denial, so far as I know, of the admission of anybody of any race to a hospital.

They arise out of controversies between representatives of HEW and hospital authorities concerning HEW's insistence that integration shall be the main object of the hospital rather than the alleviation of patients. That is a very unfortunate situation.

Do you have anything further?

Senator KENNEDY of Massachusetts. Not at this time.

Senator ERVIN. Mr. Attorney General, to go to title I, so far as I am individually concerned, I have no major objection to title I. But what does raise a question in my mind is why the proposed legislation embodied in title I was not submitted to the Judicial Conference so that we might have the benefit of the thoughts of the Judicial Con

ference and the thoughts of the American Law Institute and the thoughts of the American Bar Association on the matter?

Attorney General KATZENBACH. It is not to my knowledge customary to refer all legislative proposals that this committee or this subcommittee has to groups of distinguished lawyers. I think it would be fine to get their views upon this if they wished to give any views upon this. The Judicial Conference from time to time proposes legislation. That is perfectly true. But not all legislation that affects the administration of justice is put to the Judicial Conference. We did in drafting of this legislation have the benefit of a study done by the Judicial Conference some years ago. We made use of that in drafting it. We certainly did consult with a number of judges with respect to this.

We did our own surveys of practices and got our U.S. attorneys, who are quite familiar with the jury selection processes in various places.

I am satisfied that as drafted this is a necessary piece of legislation, and I see no reason why we should delay its enactment.

If there are things with respect to this that we are unable or you gentlemen in your deliberations are unable to predict, if there is any adverse consequences of anything, this is a relatively simple thing to amend. Beyond that, I would say that while, of course, this has to do with the conduct of the courts and the way they administer things, it also embodies another extremely important principle in it, which I believe in deeply and strongly, and that is that this is the right of people to serve on juries, the right and duty of people throughout the United States to serve on juries.

One of the reasons we took this approach was to put that fundamental obligation of citizenship, and I think right of citizenship, and to put that equally with a scheme of fair trial.

It is possible obviously to have fair trials without taking a broad selection of jurors but that doesn't give the opportunity privilege and duty of people to participate in the process, and I think the legislation is needed and necessary now, and I don't think it should be delayed for that purpose.

The American Bar Association is perfectly capable of commenting on this. The American Law Institute rarely comments on legislation. I am surprised that that suggestion

Senator ERVIN. I am under the impression from many years' service on the Senate Judiciary Committee that virtually all proposed legislation which the committee considers, which has to do with matters of court procedure and the like, are considered by the Judicial Conference before we are requested to act upon it.

Attorney General KATZENBACH. Well, they often are, and if they have views on this, then I think the committee should hear their views. I don't know of an instance where it has been submitted to the American Law Institute.

Mr. AUTRY. Mr. Attorney General, this was the suggestion of the Chief Justice as quoted in the New York Times and was placed in the record on the first day by Senator Kennedy.

Attorney General KATZENBACH. I don't think that is an accurate statement, counsel. I don't believe that the Chief Justice suggested that this committee should submit legislation. I think he suggested that the American Law Institute might well look at a number of pro