"I have been practicing law nearly 50 years and am thoroughly familiar with the situation in the South relative to race relations, and there is more good will between the races in the South than you will find anywhere else in the world and which is being badly disturbed by your Commission, the NAACP, and such other groups that are doing more harm than good. In fact, such activities have set the advancement of the Negroes in the South back for 100 years."

He concluded by saying:

"The activities of such organizations as yours would be outright silly and ridiculous if it weren't for the fact that you are creating great dangers for this country and disturbing the peaceful relationship between the races and retarding the Negro race.”

A circuit clerk in Mississippi responded to another meddlesome questionnaire sent out by the Commission by saying:

"In my opinion you are wasting the taxpayers' money by preparing and sending out these questionnaires; and I do not think that I should be answering your questions and encourage you to continue to waste money by sending out other questionnaires about matters which are not the legitimate business of the Federal Government.

"From an observation of your activities in Mississippi, it is my considered opinion that you are not serving any useful purpose whatsoever, but that you are encouraging and promoting racial strife and disorder. For this reason it is my opinion that Congress should abolish the Commission on Civil Rights." This brings back to mind one of my original points, that is, that, whatever else this Commission might be capable of, its record fails completely to indicate that it has either the ability or the desire to bring about the "peaceful and permanent solutions to racial problems" which the staff director said was its objective. On the contrary, as the circuit clerk accurately stated, the Commission is "encouraging and promoting racial strife and disorder."

It is almost impossible for me to believe that there is any basis for contending that the Commission's record is such as to inspire any confidence in it as a trustworthy, impartial, and judicious agency of the Government. Certainly, its record does not inspire that confidence which would justify a broadening and expansion of its power and authority. Yet there is a new section in both bills now before the subcommittee which provides that the Commission shall: "Serve as a clearinghouse for information and provide advice and technical assistance to Government agencies, communities, industries, organizations, and individuals, in respect to equal protection of the laws, including but not limited to the fields of voting, education, employment, the use of public facilities, transportation, and the administration of justice." On its very face the power and authority here sought is so broad and sweeping as to infringe upon the established jurisdiction of other agencies. The Commission would be authorized in civil rights cases to "provide advice and technical assistance" to all and sundry including Government agencies. I theorize that this means that it would have a staff of lawyers to provide advice and assistance to the Department of Justice which already has its own Civil Rights Division financed at the expense of the taxpayers. The Commission would be empowered to interfere in the "administration of justice" which I had thought was historically reserved for the courts.

The provision in both S. 1117 and 1219 which would endow the Commission with broad rulemaking power constitutes another grab for authority by this agency. Every student of the Constitution and administrative law knows that any rulemaking power should be exercised carefully within the framework of the basic legislation. Properly exercised it is the medium for the fulfillment of the congressional design. Improperly exercised it is a tool and a method for the assumption of unwarranted power. I think that the recent recommendations of the Commission show that it has prejudged every important issue which might be presented to it in the future and that the members can be expected to have little or no respect for the prescribed limits of their authority. Certainly it would be perilous for the Congress to enlarge their power.

While I am not advised, Mr. Chairman, of the number of personnel employed by the Commission, I am sure that the subcommittee will inquire closely into this question. Whatever the number it is apparent that the Commission has so little to do that its staff must make work for itself by dreaming up and sending out useless questionnaires which ask senseless questions on a variety of subjects many of which have nothing to do with civil rights or with any other subject within the appropriate jurisdiction of either the Commission or the Federal

Government. It is apparent to me that the sole and only value which this agency has is to satisfy from a political viewpoint the demands of minority groups.

In conclusion, Mr. Chairman, let me say that the entire record of the Commission leaves little doubt but that its members are imbued with preconceived opinions, judgments, philosophies, and motivations which render them utterly incapable of that fair, impartial, unbiased, and judicial approach which is so necessary to reasonable and harmonious relations between the races and to a peaceful solution of existing problems. Since the Commission members fail or refuse to recognize the basic truth that there are two sides to every question I think that the possibility of the Commission making any contribution to the improvement of racial relations is now foreclosed. It simply fails to recognize as all fairminded persons must-that all too often spurious and baseless allegations, although apparently credible when made, fade and become discredited when the other side is afforded an opportunity to state its case.

I say again, Mr. Chairman, that the Congress will be performing an act of both mercy and sound judgment if we now let this useless appendage to the body politic die the peaceful death which the Congress originally ordained for it 6 years ago.

Instead of extending the life of this Commission-and thereby licensing it to continue and expand its agitational activities which succeed only in stirring up racial strife and discord-we would do a far greater service for the Nation if we devoted our energy to the restoration of peaceful and harmonious relations between the races. The Government should abandon its support of those who are so eager to sow racial bitterness and discontent for their own selfish ends. Let us return to the concept of rule by the established and orderly processes of law. Let us restore the problem on race relations to its proper place in the legal scheme of things and let men of good will work together for a proper and peaceful solution in accordance with established legal procedures and remedies without being hampered by the extremist activities of a group of political busybodies.

Senator ERVIN. Call the next witness.

Mr. CREECH. Mr. Chairman, the next witness is Mr. Roy Millenson, representing the American Jewish Committee.

Senator ERVIN. Senator Hart, do you have a statement?

Senator HART. We will be very brief but we plan to follow the witness here.

STATEMENT OF ROY H. MILLENSON, WASHINGTON REPRESENTATIVE, THE AMERICAN JEWISH COMMITTEE

Mr. MILLENSON. Mr. Chairman, if I may, I would like to summarize my remarks very briefly and let them be printed in the record. Senator ERVIN. That will be all right. Let the record show that the entire statement will be inserted in the record immediately following your remarks.

Mr. MILLENSON. Thank you very much.

I represent the American Jewish Committee, a national organization with chapters throughout the country. I come here to testify with respect to the pending legislation in two aspects.

First, the American Jewish Committee endorses the legislative proposal that the Civil Rights Commission be made a permanent body. In dong this we refer to the Democratic platform which is quite clear on the subject of recommending that the Civil Rights Commission be made permanent. We refer also to a statement made by President Kennedy himself to the American Jewish Committee only last month in which he observed that the fight to eliminate tensions within and among races and religions is a seemingly endless struggle that will long be with us.

We cite the fact that the Commission has done very effective work and that their recommendations have been constructive.

We make a second recommendation in our testimony with respect to section 5 of the administration bill which seeks to broaden the scope and duties of the Commission.

We feel that a broadened Civil Rights Commission would have an opportunity to deal with the symptoms of bigotry and get at the root causes of prejudice rather than confining itself to the manifest symptoms of the disease.

Such action could do much to reduce intergroup tensions and conflict, especially true in the large metropolitan areas where intergroup friction is becoming an increasingly difficult problem.

The American Jewish Committee has done extensive studies on this in the past-I cite some of them in detail on page 2 of my testimony. We feel that it is time for scientific knowledge to be applied to group tensions and conflict.

Mr. Chairman, I should also like to refer to a section of the 1960 Republican platform which I quote at the bottom of page 2 of my testimony with reference to the importance of citizen groups working within their communities on these various civil rights questions which confront us. We feel that an expanded Civil Rights Commission would offer an opportunity to enhance the work of such groups of which there are an increasing number, especially in the South.

In your own State of North Carolina, Mr. Chairman, Governor Sanford recently created a Good Neighbor Council and I have listed here on page 3 of my testimony human relations commissions in some several dozen cities of the South which are working now toward the solution of these problems.

In addition to these officially created human relations commissions, there are a goodly number of others unofficially established by chambers of commerce, civic associations, and other community groups interested in endeavoring in every constructive way to preserve racial harmony and good community relations and to avoid costly disorder. It is of interest that the junior Senator from Michigan, Mr. Hart, is here in the audience today because he recently did an article for the American Jewish Committee Committee Reporter, on what professional help could do in helping in these human relations problems within the communities, professional intergroup relations work. If I may, Mr. Chairman, I very much would like this article to be a part of my testimony since Senator Hart is with us today.

Senator ERVIN. Yes. If you will indicate the article and

Mr. MILLENSON. Yes, sir. "Human Relations Goes to Washington,' by Senator Philip A. Hart in the March 1961 issue of AJC Committee Reporter.

Senator ERVIN. Let Senator Hart's article be printed in full in the record immediately after the witness' full statement.

Mr. MILLENSON. Thank you very much, Mr. Chairman. Senator ERVIN. The committee appreciates very much your coming before us and giving us the benefit of your views and those of your organization.

Mr. MILLENSON. Thank you, sir. It is a privilege to appear.

(The complete statement of Mr. Millenson, together with the article from AJC Committee Reporter follow :)

TESTIMONY OF ROY H. MILLENSON, WASHINGTON NATIONAL REPRESENTATIVE, THE AMERICAN JEWISH COMMITTEE ON EXTENSION OF CIVIL RIGHTS COMMISSION

The American Jewish Committee, a national educational and human relations organization with 62 chapters or units and members in over 600 communities in the United States, was organized in 1906 and incorporated by special act of the New York State Legislature in 1911. It is an organization dedicated to human rights and the furthering of better intergroup relations.

With reference to the pending legislation to extend the life of the Commission on Civil Rights, the American Jewish Committee endorses the proposal to make the Commission a permanent agency in the executive branch of the Government. The 1960 Democratic platform was very clear on this subject. It stated: "In 1949 the President's Committee on Civil Rights recommended a permanent Commission on Civil Rights. The new Democratic administration will broaden the scope and strengthen the powers of the present Commission and make it permanent."

That the problems which face the Civil Rights Commission will long be with us was most recently recognized by the President when in his message last month to the American Jewish Committee's 56th annual meeting he referred to the fight to "eliminate tensions within and among races and religions" as a "seemingly endless struggle."

It is encouraging to note that in the bipartisan spirit of support for civil rights goals, there has also been substantial Republican support manifested for giving the Commission permanent status.

The continuing and constructive contributions already made by the Commission need no emphasis in this testimony. The very nature of its studies, findings, and recommendations commend the Commission's continuing functioning in an area of concern where, at present rates of progress, resolution of the Nation's racial problems are not in the early offing. Also, the very continued existence of the Commission offers a forum outside the partisan political arena and outside the emotions of the growing battlefields of racial conflict which presents an opportunity for a studied resolution of the difficulties at hand.

Despite the decline of overt discrimination and the amelioration of prejudice, group tensions are on the rise in America. In part, this is a manifestation of the rise in the expectations of America's traditionally deprived peoples. The more these Americans taste of freedom and equality, the more they want of these. This is natural and understandable.

Indeed, it would be peculiar and tragic if any people in America would accept less than full equality. Another reason for the dramatic rise in group tensions is the "in migration" of masses into the decaying central city core. These new "in migrants" are the least educated, least skilled, and the most justifiably angry component of our population.

Attorney General Kennedy put his finger on the situation when he said recently that the tragic events in Birmingham could predictably occur in every great American city, North, South, East, and West.

There lurks potential violence amidst present conflict and past grievance in every American city. No longer are these forces easily suppressed. The angry rebels no longer will wait, and the complacent traditional power structure no longer has the means to stifle their protest.

The American city is not only a center of trade and commerce, but is becoming the cockpit of community conflict.

We also wish to lend our especial endorsement to section 5 of the administration bill which seeks to broaden the scope of the duties of the Commission. A broadened Civil Rights Commission would have an opportunity to deal with the symptoms of bigotry and to get at the root causes of prejudice rather than confining itself to the manifest symptoms of the disease. Such action could do much to reduce intergroup tensions and conflict, especially true in the large metropolitan areas where intergroup friction is becoming an increasingly difficult problem. More than a decade ago the American Jewish Committee's "Studies in Prejudice," and especially the foundation volume, "The Authoritarian Personality," was the first scientific exposé of the real nature of prejudice and the personalities that are its carriers. These studies have been a major factor in revolutionizing public understanding and public policy with respect to prejudice and discrimination.

The time has now come for the same kind of knowledge to be applied to group tensions and conflict. Studies already conducted by the Commission have covered a wide range of problems. The Commission is now in a position to pursue its researches in great depth to seek out the very sources of group tensions and conflict so that these conflicts might best be resolved. A broadened Civil Rights Commission could well apply itself to this end.

In addition, the 1960 Republican platform provides another potential for constructive activity by an expanded Civil Rights Commission. That platform states:

"Finally we recognize that civil rights is a responsibility not only of States and localities; it is a national problem and a national responsibility. The Federal Government should take the initiative in promoting intergroup conferences among those who, in their communities, are earnestly seeking solutions of the complex problems of desegregation—to the end that closed channels of communication may be opened, tensions eased, and a cooperative solution of local problems may be sought."

An expanded Civil Rights Commission would indeed offer an opportunity to enhance the work of such groups, which are increasing in number, especially in the South. In the "border States" there have been established by law State human relations commissions in Delaware, Kentucky, Maryland, Missouri, and West Virginia. And, most recently, Governor Sanford, of North Carolina, has created a good neighbor council which will function as a human relations commission in that Deep South State.

In addition, in the Deep South, we find human relations commissions have been created by city governments in, among other places:

And in still more southern cities, unofficial human relations commissions have been established by chambers of commerce, civic associations, and other community groups interested in endeavoring in every constructive way to preserve racial harmony and good community relations and avoid costly disorder.

The American Jewish Committee therefore endorses a permanent Civil Rights Commission, sufficiently broadened in scope so that it might deal adequately and fully with a prime problem which faces our Nation.

[From the Committee Reporter, March 1961]

Democratic Platform Plank-1960: We propose a Federal Bureau of Intergroup Relations to help solve problems of discrimination in housing, education, employment, and community opportunities in general. The Bureau would assist in the solution of problems arising from the resettlement of immigrants and migrants within our own country and in resolving religious, social, and other tensions when they arise.

Republican Platform Plank-1960: The Federal Government should take the initiative in promoting intergroup conferences among those who in their communities are earnestly seeking solutions of the complex problems of desegregation to the end that closed channels of communication may be opened, tensions eased and a cooperative solution of local problems may be sought. * * * We pledge the full use of the power, resources and leadership of the Federal Government * *

HUMAN RELATIONS GOES TO WASHINGTON

(By Senator Philip A. Hart)

Along with usual political promises, presidential campaigns have a way of generating an occasional new commitment to a new idea. This last campaign