SEC. 2. Title 18, United States Code, section 242, is amended to read as follows: "SEC. 242. Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects, or causes to be subjected, any inhabitant of any State, Territory, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution and laws of the United States, or to different punishments, pains, or penalties, on account of such inhabitant being an alien, or by reason of his color or race, than are prescribed for the punishment of citizens, shall be fined not more than $1,000 or imprisoned not more than one year, or both; or shall be fined not more than $10,000 or imprisoned not more than twenty years, or both, if the deprivation, different punishment, or other wrongful conduct herein shall cause the death or maiming of the person so injured or wronged."

SEC. 3. Title 18, United States Code, is amended by adding after section 242 thereof the following new section:

"SEC. 242A. The rights, privileges, and immunities referred to in title 18, United States Code, section 242, shall be deemed to include, but shall not be limited to, the following:

"(1) The right to be immune from exactions of fines, or deprivations of property, without due process of law.

"(2) The right to be immune from punishment for crime or alleged criminal offenses except after a fair trial and upon conviction and sentence pursuant to due process of law.

"(3) The right to be immune from physical violence applied to exact testi. mony or to compel confession of crime or alleged offenses.

"(4) The right to be free of illegal restraint of the person.

"(5) The right to protection of person and property without discrimination by reason of race, color, religion, or national origin.

"(6) The right to vote as protected by Federal law."

SEC. 5. If any provision of this Act or the application thereof to any person or circumstance is held invalid, the validity of the remainder of the Act and of the application of such provision to other persons and circumstances shall not be affected thereby.

UNITED STATES SENATE,
COMMITTEE ON THE JUDICIARY,

March 22, 1955.

Hon. HERBERT BROWNELL, Jr.,

The Attorney General,

Washington, D. C.

DEAR MR. ATTORNEY GENERAL: The Judiciary Committee is herewith transmitting S. 905 for your study and report thereon in triplicate.

To facilitate the work of the committee, it is urgently requested that your report be submitted within 20 days. The committee should be formally advised in writing if any delay beyond this time period is necessary.

Most sincerely yours,

Mr. YOUNG. S. 906, a bill to establish a Commission on Civil Rights in the executive branch of the Government, introduced February 1, 1955, by Mr. Humphrey (for himself, Mr. Douglas, Mr. Lehman, Mr. McNamara, Mr. Langer, Mr. Magnuson, Mr. Morse, Mr. Murray, Mr. Neeley, and Mr. Neuberger). Referred February 7, 1955, to Constitutional Rights Subcommittee. The bill is still pending in the subcommittee.

S. 906 creates a Commission on Civil Rights in the executive branch of the Government whose duties it would be to gather information on developments affecting civil rights, to appraise the activities of the Federal, State, or local governments with respect to civil rights, as well as the activities of private groups and individuals.

The Commission is given subpena powers and may seek court aid in enforcing the subpena.

At this time, Mr. Chairman, I offer S. 906 to be appended to the record. Also, request for report from the Attorney General and the Justice Department's report thereon.

Senator JOHNSTON. It may be placed in the record.

[S. 906, 84th Cong., 1st sess.]

A BILL To establish a Commission on Civil Rights in the Executive Branch of the Government

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Commission on Civil Rights Act of 1955".

SEC. 2. The Congress finds that the freedoms guaranteed by the Constitution of the United States have contributed, in large measure, to the rapid growth, productivity, and ingenuity, which characterizes our Nation; that, despite the continuing progress of our Nation with respect to the protection of the rights of individuals, the civil rights of some persons within the jurisdiction of the United States are being denied, abridged, or threatened. The Congress recognizes that the national security and general welfare of the United States call for more adequate protection of the civil rights of individuals; and that the Executive and Legislative Branches of our Government must be accurately and continuously informed concerning the extent to which fundamental constitutional rights are abridged or denied.

SEC. 3. There is created in the executive branch of the Government a Commission on Civil Rights (hereinafter called the "Commission"). The Commission shall be composed of five members who shall be appointed by the President, by and with the advice and consent of the Senate. The President shall designate one of the members of the Commission as Chairman and one as Vice Chairman. The Vice Chairman shall act as Chairman in the absence or disability of the Chairman, or in the event of a vacancy in the office. Any vacancy in the Commission shall not affect its powers and shall be filled in the same manner in which the original appointment was made. Three members of the Commission shall constitute a quorum. Each member of the Commission shall receive the sum of $50 per day for each day spent in the work of the Commission, together with actual and necessary traveling and subsistence expenses incurred while engaged in the work of the Commission (or, in lieu of subsistence, a per diem allowance at a rate not in excess of $10).

SEC. 4. It shall be the duty and function of the Commission to gather timely and authoritative information concerning economic, social, legal, and other developments affecting the civil rights of individuals under the Constitution and laws of the United States; to appraise the policies, practices, and enforcement program of the Federal Government with respect to civil right; to appraise the activities of the Federal, State, and local governments, and the activities of private individuals and groups, with a view to determining what activities adversely affect civil rights; to assist States, counties, municipalities, and private agencies in conducting studies to protect civil rights of all Americans without regard to race, color, creed, or national origin; and to recommend to the Congress, legislation necessary to safeguard and protect the civil rights of all Americans.

The Commission shall make an annual report to the President and to the Congress on its findings and recommendations, and it may in addition from time to time, as it deems appropriate or at the request of the President, advise the President of its findings and recommendations with respect to any civil-rights matter.

SEC. 5. (a) The Commission may constitute such advisory committees and may consult with such representatives of State and local governments, and private organizations, as it deems advisable. The Commission shall, to the fullest extent possible, utilize the services, facilities, and information of other Government agencies, as well as private research agencies, in the performance of its functions. All Federal agencies are directed to cooperate fully with the Commission to the end that it may effectively carry out its functions and duties.

(b) Within the limitations of its appropriations, the Commission is authorized to appoint a full-time staff director and such other personnel, to procure such printing and binding, and to make such expenditures as, in its discretion, it deems necessary and advisable.

SEC. 104. (a) The Commission shall have power to issue subpenas requiring the attendance and testimony of witnesses and the production of any evidence

that relates to any matter under study or investigation. Any member of the Commission may administer oaths and affirmations, examine witnesses, and receive evidence. Such attendance of witnesses and the production of such evidence may be required from any place in the United States or any Territory or possession thereof, at any designated place of hearing.

(b) In case of contumacy or refusal to obey a subpena issued to any person, any district court of the United States or the United States court of any Territory or possession, or the District Court of the United States for the District of Columbia, within the jurisdiction of which the inquiry to carry on or within the jurisdiction of which said person guilty of contumacy or refusal to obey is found or resides or transacts business, upon application by the Commission shall have jurisdiction to issue to such person an order requiring such person to appear before the Commission, there to produce evidence if so ordered, or there to give testimony touching the matter under investigation, and any failure to obey such order of the court may be punished by said court as a contempt thereof.

UNITED STATES SENATE,
COMMITTEE ON THE JUDICIARY,

March 22, 1955.

Hon. HERBERT BROWNELL, Jr.,
The Attorney General,

Washington, D. O.

DEAR MR. ATTORNEY GENERAL: The Judiciary Committee is herewith transmitting S. 906 for your study and report thereon in triplicate.

To facilitate the work of the committee, it is urgently requested that your report be submitted within 20 days. The committee should be formally advised in writing if any delay beyond this time period is necessary.

Most sincerely yours,

Chairman.

DEPARTMENT OF JUSTICE,

OFFICE OF THE DEPUTY ATTORNEY GENERAL,
Washington, September 8, 1955.

Hon. HARLEY M. KILGORE,

Chairman, Committee on the Judiciary,

United States Senate, Washington, D. C.

DEAR SENATOR: This is in response to your request for the views of the Department of Justice concerning the bill (S. 906) to establish a Commission on Civil Rights in the executive branch of the Government.

As indicated in its title, the bill would establish a Commission on Civil Rights in the executive branch of the Government. The Commission would consist of five members appointed by the President, by and with the advice and consent of the Senate. Its duties would be "to gather timely and authoritative information concerning economic, social, legal, and other developments affecting the civil rights of individuals under the Constitution and laws of the United States; to appraise the policies, practices, and enforcement program of the Federal Government with respect to civil rights; to appraise the activities of the Federal, State, and local governments, and the activities of private individuals and groups, with a view to determining what activities adversely affect civil rights; to assist States, counties, municipalities, and private agencies in conducting studies to protect civil rights of all Americans without regard to race, color, creed, or national origin; and to recommend to the Congress legislation necessary to safeguard and protect the civil rights of all Americans."

The measure would require the Commission to make an annual report to the President and to the Congress as to its findings and recommendations with respect to civil-rights matters. Section 5 would authorize the Commission to establish advisory committees to assist it in its work, and would direct it to utilize the services, facilities, and information of Government agencies and private research agencies in the performance of its functions.

The sixth section of the bill (erroneously designated as sec. 104) would empower the Commission to issue subpenas requiring the attendance and testimony of witnesses and the production of any evidence that relates to any matter being studied or investigated by it. Members of the Commission would be empowered by the section to administer oaths and affirmations, and to examine witnesses and receive evidence. The attendance of witnesses and the production of evi

dence may be required from any place in the continental United States or any of its Territories or possessions. Subsection (b) would provide for applications by the Commission to the district courts of the United States to effect compliance with Commission subpenas.

Whether or not this measure should be enacted constitutes a question of policy concerning which the Department of Justice prefers to make no recommendation. The Bureau of the Budget has advised that there is no objection to the submission of this report.

Sincerely,

WILLIAM P. ROGERS, Deputy Attorney General.

Mr. YOUNG. I have before me a hearing entitled, "Commission on Civil Rights, hearings before a subcommittee of the Committee on the Judiciary, United States Senate, 83d Congress, 2d session, on S. 1 and S. 535," and related matters to the bill.

I offer this as part of the file.

Senator JOHNSTON. It may become a part of the file.

Mr. YOUNG. S. 907, a bill to protect the civil rights of individuals by establishing a Commission on Civil Rights in the executive branch of the Government, a Civil Rights Division in the Department of Justice, and a Joint Congressional Committee on Civil Rights, to strengthen the criminal laws protecting the civil rights of individuals, and for other purposes.

Introduced February 1, 1955, by Mr. Humphrey (for himself, Mr. Douglas, Mr. Lehman, Mr. McNamara, Mr. Langer, Mr. Magnuson, Mr. Morse, Mr. Murray, Mr. Neely, and Mr. Neuberger).

Referred February 7, 1956, to Constitutional Rights Subcommittee. S. 907: This bill is actually an omnibus bill which embodies the provisions of several civil-rights bills, S. 902, S. 903, S. 904, S. 905, S. 906, and Senate Concurrent Resolution 8.

It omits the bill creating the Federal crime of lynching, but adds the provisions of another bill prohibiting discrimination in the interstate transportation.

These provisions make it a crime, one, for anyone acting in a private, public, or official capacity to deny or attempt to deny equal facilities on a public conveyance; two, for anyone to incite or otherwise participate in such a denial or attempted denial; three, for any common carrier, or any officer, agent or employee to segregate, to attempt to segregate or otherwise discriminate against passengers using a public conveyance or facilities.

The crime in each instance is a disdemeanor punishable by a fine not to exceed $1,000 for each offense.

I offer S. 907 for the record, and a copy of the request for a report thereon.

[S. 907, 84th Cong., 1st sess.]

A BILL To protect the civil rights of individuals by establishing a Commission on Civil Rights in the executive branch of the Government, a Civil Rights Division in the Department of Justice, and a Joint Congressional Committee on Civil Rights, to strengthen the criminal laws protecting the civil rights of individuals, and for other purposes

Be it enacted by the Sneate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Omnibus Human Rights Act of 1955".

TITLE I-COMMISSION ON CIVIL RIGHTS

SEC. 101. The Congress finds that the freedoms guaranteed by the Constitution of the United States have contributed, in large measure, to the rapid growth, productivity, and ingenuity which characterizes our Nation; that, despite the continuing pr s of our Nation with respect to the protection of the rights of

individuals, the civil rights of some persons within the jursdiction of the United States are being denied, abridged, or threatened. The Congress recognizes that the national security and general welfare of the United States calls for more adequate protection of the civil rights of individuals; and that the executive and legislative branches of our Government must be accurately and continuously informed concerning the extent to which fundamental consitutional rights are abridged or denied.

SEC. 102. There is created in the executive branch of the Government a Commission on Civil Rights (hereinafter called the "Commission"). The Commission shall be composed of five members who shall be appointed by the President, by and with the advice and consent of the Senate. The President shall designate one of the members of the Commission as Chairman and one as Vice Chairman. The Vice Chairman shall act as Chairman in the absence or disability of the Chairman, or in the event of a vacancy in the office. Any vacancy in the Commission shall not affect its powers and shall be filled in the same manner in which the original appointment was made. Three members of the Commission shall constitute a quorum. Each member of the Commission shall receive the sum of $50 per day for each day spent in the work of the Commission, together with actual and necessary traveling and subsistence expenses incurred while engaged in the work of the Commission (or, in lieu of subsistence, a per diem allowance at a rate not in excess of $10).

SEC. 103. (a) It shall be the duty and function of the Commission to gather timely and authoritative information concerning economic, social, legal, and other developments affecting the civil rights of individuals under the Constitution and laws of the United States; to appraise the policies, practices, and enforcement program of the Federal Government with respect to civil rights; to appraise the activities of the Federal, State, and local governments, and the activities of private individuals and groups, with a view to determining what activities adversely affect civil rights; to assist States, counties, muncipalities, and private agencies in conducting studies to protect civil rights of all Americans without regard to race, color, creed, or natonal origin; and to recommend to the Congress legislation necessary to safeguard and protect the civil rights of all Americans. (b) The Commission shall make an annual report to the President and to the Congress on its findings and recommendations, and it may in addition from time to time, as it deems appropriate or at the request of the President, advise the President of its findings and recommendations with respect to any civil-rights matter.

SEC. 104. (a) The Commission may constitute such advisory committees and may consult with, such representatives of State and local governments, and private organizations, as it deems advisable. The Commission shall, to the fullest extent possible, utilize the services, facilities, and information of other Government agencies, as well as private research agencies, in the performance of its functions. All Federal agencies are directed to cooperate fully with the Commission to the end that it may effectively carry out its functions and duties.

(b) Within the limitations of its appropriations, the Commission is authorized to appoint a full-time staff director and such other personnel, to procure such printing and binding, and to make such expenditures as, in its discretion, it deems necessary and advisable.

SEC. 105. (a) The Commission shall have power to issue subpenas requiring the attendance and testimony of witnesses and the production of any evidence that relates to any matter under study or investigation. Any member of the Commission may administer oaths and affirmations, examine witnesses, and receive evidence. Such attendance of witnesses and the production of such evidence may be required from any place in the United States or any Territory or possession thereof, at any designated place of hearing.

(b) In case of contumacy or refusal to obey a subpena issued to any person, any district court of the United States or the United States court of any Territory or possession, or the District Court of the United States for the District of Columbia, within the jurisdiction of which the inquiry is carried on or within the jurisdiction of which said person guilty of contumacy or refusal to obey is found or resides or transacts business, upon application by the Commission shall have jurisdiction to issue to such person an order requiring such person to appear before the Commission, there to produce evidence if so ordered, or there to give testimony touching the matter under investigation; and any failure to obey such order of the court may be punished by said court as a contempt thereof.

79992-56-3