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CONTENTS

Ervin, Hon. Sam J., Jr., U.S. Senator from the State of North Carolina,

chairman of the Submmittee on Constitutional Rights

Bayh, Hon. Birch, U.S. Senator from the State of Indiana....
Fong, Hon. Hiram L., U.S. Senator from the State of Hawaii..

Keating, Hon. Kenneth B., U.S. Senator from the State of New York..
Long, Hon. Edward V., U.S. Senator from the State of Missouri_

Text of bills pending before the subcommittee:

Austin, Richard H., member, Michigan Advisory Committee to the

U.S. Commission on Civil Rights; introduced by Hon. Philip A.

Hart, U.S. Senator from the State of Michigan___

Bernhard, Berl I., staff director, U.S. Commission on Civil Rights,
accompanied by Erwin Griswold, a member of the Commission_...

Bloch, Charles, attorney, Macon, Ga---

Button, Dale L., representing the Unitarian Fellowship for Social

Justice; accompanied by Robert Price_

Case, Hon. Clifford, U.S. Senator from the State of New Jersey ---

Cooke, Dr. Paul, national chairman, American Veterans Committee_-

Courtney, Ralph, on behalf of the Liberty Lobby; accompanied by

John W. Wood, general counsel.

Douglas, Hon. Paul, U.S. Senator from the State of Illinois.

Hannah, Dr. John, chairman, U.S. Commission on Civil Rights;

accompanied by Berl I. Bernhard, staff director, and William

Taylor, deputy staff director___

Hart, Hon. Philip A., U.S. Senator from the State of Michigan__.

Hill, Hon. Lister, U.S. Senator from the State of Alabama__.

Howe, Allan T., president, Young Democratic Clubs of America.-

Howlett, Dr. Duncan, chairman, District of Columbia Advisory

Committee to the U.S Commission on Civil Rights...

Javits, Hon. Jacob K., U.S. Senator from the State of New York...

Maher, Father Trafford P., S.J., member, Missouri Advisory Com-

mittee to the U.S. Commission on Civil Rights----

Millenson, Roy H., Washington representative, American Jewish
Committee on Extension of the Civil Rights Commission..
Pemberton, John de J., Jr., executive director, American Civil Liber-
ties Union; accompanied by Lawrence Speiser...
Pollack, Prof. Louis H., chairman, Connecticut Advisory Committee
to the U.S. Commission on Civil Rights___.

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Sachs, Richard C., for the Americans for Democratic Action; accom-
panied by David Cohen..

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Saltonstall, Hon. Leverett, U.S. Senator from the State of Massa-
chusetts..

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117

Shipley, Carl, chairman, Republican Committee for the District of

Columbia...

Sparkman, Hon. John, U.S. Senator from the State of Alabama.
Stennis, Hon. John, U.S. Senator from the State of Mississippi. -
Tarplee, Rev. Cornelius C., assistant secretary for Intergroup Rela-
tions, National Council, Protestant Episcopal Church---

Williams, Hon. Harrison A., U.S. Senator from the State of New

Jersey-

Letters and telegrams:

Biemiller, Andrew J., director, Department of Legislation, AFL-CIO.
Katzenbach, Nicholas deB., Deputy Attorney General, Justice Depart-
ment_.

188

229

224

223

Masaoka, Mike, Washington representative of the Japanese-American
Citizens League__

224

225

Rhode Island_

Utah
Virginia..
Wyoming.

344

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CIVIL RIGHTS COMMISSION

TUESDAY, MAY 21, 1963

U. S. SENATE,

SUBCOMMITTEE ON CONSTITUTIONAL RIGHTS
OF THE COMMITTEE ON THE JUDICIARY,

Washington, D.C.

The subcommittee met, pursuant to notice, at 10:40 a.m., in room 2228, New Senate Office Building, Senator Sam J. Ervin, Jr. (chairman of the subcommittee) presiding.

Present: Senators Ervin, Bayh, Keating, and Fong.

Also present: William A. Creech, chief counsel and staff director; and Bernard Waters, minority counsel.

Senator ERVIN. The subcommittee will come to order.

Today the Subcommittee on Constitutional Rights begins several days of hearings on two bills, S. 1117 and S. 1219, which would extend the life and expand the powers of the U.S. Commission on Civil Rights.

The text of the bills, an analysis of each, prepared by the Library of Congress, and a comparison between the two, also prepared by the Library of Congress, will be printed at this point in the record. (S. 1117 and S. 1219, referred to, follow :)

[S. 1117, 88th Cong., 1st sess.]

A BILL To extend for four years the Commission on Civil Rights as an agency in the executive branch of the Government, to broaden the scope of the duties of the Commission, and for other purposes

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 Amendments Act of 1963".

SEC. 2. Section 102 of the Civil Rights Act of 1957 (42 U.S.C. 1975a) is amended to read as follows:

"RULES OF PROCEDURE OF THE COMMISSION, HEARINGS

"SEC. 102. (a) The Chairman or one designated by him to act as Chairman at a hearing of the Commission shall, announce in an opening statement the subject of the hearing.

"(b) A copy of the Commission's rules shall be made available to the witness before the Commission.

“(c) Witnesses at the hearings may be accompanied by their own counsel for the purpose of advising them concerning their constitutional rights.

"(d) The Chairman or Acting Chairman may punish breaches of order and decorum and unprofessional ethics on the part of counsel, by censure and exclusion from the hearings.

"(e) If the Commission determines that evidence or testimony at any hearing may tend to defame, degrade, or incriminate any person, it shall (1) receive such evidence or testimony or summary of such evidence or testimony in executive session; and in the event the Commission determines that such evidence or testimony shall be given at a public session, then it shall (2) afford such person an opportunity voluntarily to appear as a witness; and (3) receive and dispose of requests from such person to subpena additional witnesses. 1

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