To introduce the Federal power and the Federal authority into this area by making a crime such as that committed against James Reeb a Federal crime in addition to being a State crime would bring the resources of the Federal agencies of investigation to the process of acquiring evidence and presenting the cast. It would have brought a different jury to be paneled with respect to it. I think there might very well have been a different verdict under those circumstances.

But I am advised by Mr. John Doar of the Justice Department that it is not anticipated at this time that a case against these particular defendants will be brought by the Federal Government, partly because the crime does not technically come under the 1870 statute. It was not committed under the color of law although it was committed in a climate which had been covered in part by a Federal injunction. Nevertheless, these technicalities impede what seems to me to be a carrying out of justice in this case.

Coupled with the jury reforms in this bill, these new penalties ought to serve as strong deterrent to the terrorists, and go far toward protecting the rights of Negroes, workers for civil rights, and peaceful demonstrators.

We would ask, additionally, that there ought to be provision made for civil indemnification of the victims or survivors of victims of racial assault. Insofar as it is proved in proper hearings that the injury or death resulted in whole or in part from action taken under color of law, the political subdivision and/or the State under whose authority such action was taken should be held liable along with the person or persons committing the act of assault.

EQUAL EMPLOYMENT OPPORTUNITY

We believe an additional title ought to be created in this bill, to correct deficiencies in title VII of the Civil Rights Act of 1964, dealing with equal employment opportunity.

As mentioned earlier, one of the great defects in the employment title of the 1964 act was that it did not provide the administrative agency, in this case the Equal Employment Opportunity Commission, the power to issue cease-and-desist orders upon making a finding of an unfair employment practice. Instead, the 1964 law, on the one hand, relies heavily on medication and conciliation (certainly important first steps) and, on the other hand, upon bringing suits into court as a last resort.

The Commission should have administrative enforcement powers as other Federal regulatory agencies and as already exist in 27 State fair employment agencies.

Also, it would be desirable for the equal employment opportunity title to cover public employees on State, county, and municipal levels. Federal employees are covered presently by Executive order but the administration of justice in many parts of our land is distorted by white officials and personnel in State and county courthouses and police forces.

We therefore recommend that a new title VI incorporate the excellent provisions of H.R. 10065 (Hawkins bill) which passed the House on April 27 by overwhelming vote and that these provisions be amended to cover State and local public employees.

I think President Johnson expressed it well in summing up his civil rights message to Congress of April 28 when he said:

We are engaged in a great adventure-as great as that of the last century, when our fathers marched to the western frontier. Our frontier today is of human beings, not of land.

If we are able to open that frontier, to free each child to become the best that is in him to become, our reward-both spiritual and material-will exceed any that we gained a century ago through territorial expansion.

The Unitarian Universalist Association strongly supports the Civil Rights Act of 1966, with strengthening amendments, and urges this committee and the Congress to speedily enact it into law.

We thank you very much.

Senator JAVITS. Thank you very much, Reverend Jones.

The consensus on racial justice which you have attached to your statement will be made a part of the record without objection. (The document referred to follows:)

UNITARIAN UNIVERSALIST STATEMENT OF CONSENSUS ON RACIAL JUSTICE Inasmuch as one of the purposes and objectives of the Unitarian Universalist Association, as stated in Article II, Section 2 of the Constitution, is "To affirm, defend and promote the supreme worth of every human personality, the dignity of man, and the use of the democratic method in human relationships"; and

Inasmuch as the General Assembly of the Unitarian Universalist Association of 1962 affirmed that segregation and discrimination, wherever practiced, continue to be a matter of major national and international concern and reflect attitudes contrary to moral, religious and ethical commitments; Unitarian Universalists pledge themselves to:

Work to eliminate all vestiges of discrimination and segregation in their churches and fellowships and to encourage the integration of congregations and of the Unitarian Universalist ministry, and

Work for integration in all phases of life in the community.

SEGREGATION AND DISCRIMINATION

The 1962 General Assembly's resolution also continues "Such discrimination is economically wasteful and psychologically destructive to members both of majority and minority groups. The treatment of a large part of our population as second-class citizens and the indignities to which they are subjected destroy confidence in the moral leadership of the United States.

In spite of the passage of Civil Rights Acts in 1957 and 1960, the comprehensive Civil Rights Acts of 1964, and the Voting Rights Act of 1965, inequalities of treatment and opportunity continue to exist in American society. While these inequalities affect members of all minority groups, attention has been focussed on the special problems of the Negro minority in the United States. Negro citizens and other persons engaged in the civil rights movement find themselves at the mercy of individuals who hope to prevent progress toward full equality of the races by resorting to physical violence and acts of terrorism, and the victims are often denied justice when they face all-white courts and juries.

A double standard of justice exists in some communities and states. Allwhite police forces, court officials, judges and juries, and segregated courtrooms and jails have operated to deprive minority group persons of the equal protection of the laws in violation of the United States Constitution. In everyday terms this means, at the least, harrassment and discourtesy from law officers and, at the most, summary trials without adequate counsel, and severe and unreasonable sentences or fines meted out, especially where the offense may be committed against a white man. Conversely, whites accused of crimes of violence against minority group persons or civil rights workers of any race, are acquitted by prejudiced juries or otherwise treated leniently, especially in the South.

Members of the minority races and ethnic groups find much public school education still segregated in defiance of the landmark 1954 Supreme Court deci.

sion. They find doors to fair employment opportunities still closed in many places, face uneven compliance with the public accommodations part of the 1964 Civil Rights Act, and see authorities in some places closing rather than opening public facilities to all groups.

Probably the most difficult hurdle, aside from jobs and education, continues to be housing where the Northern Negro especially finds himself confined to the decaying neighborhoods of the central city and the avenues of escape to the white suburbs effectively blocked by restrictive real estate practices. The Federal Government, though possessing the power under the Civil Rights Act of 1964 to cut off the flow of Federal funds to programs and activities in the states which are administered in a discriminatory manner, has not chosen to exercise this power to any significant extent.

A whole private area of American life, including club associations, fraternal memberships, and, shamefully, church membership, remains almost totally segregated. Several states maintain laws forbidding racial intermarriage, thus arbitrarily interfering in the most sacred of human relationships.

Much remains to be done to implement the concern of Unitarian Universalists for the supreme worth of every human personality and the dignity of man.

RACIAL VIOLENCE AND THE ADMINISTRATION OF JUSTICE

The rise of violence in the political and social conflicts of American life endangers freedom of speech and assembly essential to democratic society. These freedoms and, in general, life, liberty, and the pursuit of happiness are, and have been, Federal rights of all citizens since the founding of the Republic. To secure these freedoms, the President should appoint a commission to investigate the collapse of law in such acts of terrorism and make remedial recommendations wherever constitutional rights are denied. The local police should invite the assistance of the FBI in cases of terrorism.

The Justice Department should press with renewed vigor the prosecution under existing law of those guilty of the beatings, the shootings, the bombings and the killings. The President is urged to recommend and the Congress to enact new Federal legislation at the earliest moment to protect the security of the individual from assault or threatened assault upon his person or property, where that assault has a racial purpose or effect, and to provide civil damages for the victim of such assault.

State and local officials are urged to curb police brutality, to institute human relations programs in local and state police departments, and to end the use of unwarranted curfews wherever they exist. Support is also urged for Federal legislation to protect individuals against unreasonable use of force by law enforcement officers and to make such law enforcement officers and their civilian superiors liable for civil damage suits for unnecessary and unreasonable use of force resulting in physical injury. Enforcement officers formally charged with unlawful violation of the rights of persons should be suspended from their duties pending trial. Local civilian review boards to hear complaints of police brutality should be established.

The Department of Justice should enforce existing laws such as the 1875 statute making jury discrimination punishable by fine of up to $5,000, and seek new legislation making for a uniform system of choosing jurors which will fairly reflect the racial composition of the court's jurisdiction. Also, legislation forbidding discrimination in appointment of court officers and police is needed.

The Justice Department and Federal Bureau of Investigation should make on-the-spot arrests where constitutional rights are being violated by local law enforcement officers or other persons, as they are empowered to do under existing law.

The President of the United States should appoint men to the Federal judiciary who are free of racial prejudice and who do not owe their political careers to the system of white supremacy.

Other needed reforms to assure equal protection of the law include support for public defenders for the indigent, installment paying of fines, and limits on excessive bail.

THE FRANCHISE

The right to vote is elemental in our American society. Efforts by the Federal Government to implement the provisions of the Voting Rights Act of 1965 should be supported so that all obstacles to the right to vote may be removed in local ities where they still exist.

The efforts of private citizens in voter-registration campaigns should be supported and the Department of Justice should be vigilant to extend the protection of the law to these workers so that intimidation of any kind will not delay, hamper, impede, or pervert the exercise of the franchise.

Federal voting examiners should be used in every county in which discrimination still exists. Federal authorities should also observe voting subsequent to registration to make sure that once registered, persons are not prevented by any device from voting, and that their votes, once cast, shall be accurately tallied.

EDUCATION

Denial of equal opportunities for education on account of race or color continues to be widespread though several years have intervened since the historic Supreme Court declaration of 1954 that the United States Constitution forbids it. Such disregard for the supreme law of the land presents a moral crisis no less than that resulting from the violation of the human rights involved. Public schools should be promptly integrated at all levels.

Since passage of the Civil Rights Act of 1964, it is no longer necessary for the Executive Branch to rely on the Federal Courts for implementation. Therefore, the Office of Education should move speedily to require desegregation and integration of the nation's public schools, North and South, and to use the powers granted under Title VI of the Civil Rights Act of 1964 to withhold Federal-aid funds from school districts which continue to segregate white from minority group pupils. "Freedom of choice" plans achieve only token integration and leave minority group parents who exercise "free choice" exposed, in many localities, to intimidation and reprisals.

De facto segregation of schools is an unconscionable and harmful as formal segregation is unconstitutional. Citizens and government on all levels should work to correct discriminatory racial imbalance and improve the quality of education in the public schools.

We urge adequate preparation of teachers in the field of human relations so that they may give meaningful instruction in human relations and we encourage federal and state authorities to work towards that end.

Preschool education for socially disadvantaged and culturally deprived children should be a necessary preparation for school integration.

HOUSING

Comprehensive open-occupancy legislation should be enacted at all levels and such legislation should embody firm and unambiguous enforcement procedures. The President of the United States should be encouraged to extend the President's Executive Order No. 11063 on Equal Opportunity in Housing to include all mortgage loans made by financing institutions which are regulated or supervised by the Federal Government and that the Order cover federallyassisted housing, not just that built after November 20, 1962; and that more adequate funds be appropriated for the vigorous enforcement of the Executive Order.

Furthermore, members of our churches and fellowships should support such legislation at the state and municipal levels. In order to make such legislation effective, individual Unitarian Universalists should introduce into every phase of the acquisition, purchase, building, financing, and occupancy of real property the banning of discrimination due to race, religion, or nationality. Legislation should be encouraged, consistent with the objectives of open occupancy, to curb panic selling or blockbusting.

Our churches and fellowships and individual members should undertake active efforts with others in their own communities for the integration of their own neighborhoods and our members should scrutinize off-campus or sorority and fraternity housing in colleges and universities as it affects minority students or foreign students and other students and seek to eliminate discrimination. Our churches and fellowships should call upon their individual members to make all housing, urban and suburban, new or old, which they control as owners, dealers, brokers, builders, or mortgagors, available to any qualified person, without regard to race, color, creed, or national origin; and should call upon all real estate dealers, brokers, and mortgagors, to do the same. Educational programs and other activities should be encouraged to promote equality of opportunity in housing.

Churches and fellowships should take the initiative in their communities to use funds provided in Section 221(d) (3) of the Federal Housing Act. This enables non profit groups, including churches and fellowships, either to build low-cost housing open to all groups or to renovate slum dwellings.

There is promise in the proposal of some urban authorities to slow down the building of mass low-cost public housing in or adjacent to racial ghettoes, thus reinforcing patterns of de facto segregation, and instead to scatter new low-cost housing in upper and middle-income white residential areas, thus integrating both neighborhoods and schools. To be commended also is the new federal program to subsidize the purchase and rental of a percentage of publicly subsidized middle-income housing for low-income families. Plans for the renewal of present ghetto areas should ultimately include provision for their integration. Unitarian Universalists should be involved in helping to win acceptance and support of such programs.

EMPLOYMENT

Discrimination in employment stifles individual initiative and wastes valuable human resources. Government at all levels should enact strong legislation to assure equal opportunity in employment in the conditions of labor and in hiring and firing procedures and in training and apprenticeship programs. Compensation should be nondiscriminatory. No person should be discriminated against on the basis of race, religion, national origin, or sex.

The Federal Equal Employment Opportunity Commission, activated in July 1965, should be given the power to issue cease and desist orders against employers who practice job discrimination. In the meantime, the Department of Justice should move to use its power under the Civil Rights Act of 1964 of filing suits to secure equal opportunity, where it finds a pattern or practice of discrimination. The Department of Defense and other government agencies should be urged to use, whenever necessary, the powers granted under Title VI of the Civil Rights Act of 1964, to bar bidding on contracts, or otherwise withhold funds, from those who practice racial discrimination in employment.

Unitarian Universalists as employers, should practice equality of opportunity, both in private enterprise and in public positions they may hold; and churches and fellowships are encouraged to hire members of minority races or nationalities in their institutions.

PUBLIC ACCOMMODATIONS AND FACILITIES

Freedom of access to places of public accommodation and public facilities is an essential condition to fulfillment of the ideal of human dignity. The individual must be free to seek food, drink, and lodging, to enjoy equal access to the marketplace, and to find recreation and nourishment.

Members of Unitarian Universalist churches are urged to use their personal influence in their local communities to secure service without discrimination in all places of public accommodation.

Progress has been made since the first student sit-ins of 1960 and since passage of the Civil Rights Act of 1964, in generally opening to all races, hotels, motels, restaurants and lunch counters, public libraries, museums, hospitals, parks, sports arenas, and theatres. However, in the 1964, Act, retail businesses, as such, are exempt from coverage, unless they have eating facilities, and clothing stores and barbershops are exempt unless they are part of a hotel facility. Spectator sports are covered, but consumer sports such as bowling lanes, swimming pools, tennis courts, golf courses, and golf ranges, privately owned but open to the public for profit, are also not covered. Legislation should be enacted at all levels of government to correct these weaknesses in the federal law.

FEDERAL-AID PROGRAMS

The Federal Government, which has been moving steadily forward in advancing the rights of its citizens, through a series of legislative acts and court decisions, should not continue to subsidize segregation and discrimination through its Federal-aid programs.

A powerful weapon for enforcement of civil rights is Title VI of the Civil Rights Act of 1964 which prohibits discrimination in all Federally-assisted programs. This section should be used less timidly and sparingly. Unnecessary delays in compliance are countenanced by the regulations issued by a number