Mr. BLOCH. Coming from you, sir, that is the greatest compliment I ever received. Senator ERVIN. So far as I know, this is our sixth day of hearings. We have heard everyone who wished to be heard, every organization that wished to have representatives make a personal appearance, as well as witnesses who have been invited to testify by the committee or members of the committee or by other Senators. Anyone who has any kind of a statement that he wants to put in the record will please communicate with the committee, send it to the chairman or to Mr. Creech and we will undertake to see that it is included in the record. The committee now stands in recess until the call of the Chair. (Whereupon, at 3:45 p.m., the subcommittee adjourned, subject to the call of the Chair.) DEAR MR. ATTORNEY GENERAL: The Senate Subcommittee on Constitutional Rights is presently considering two bills relating to the extension of the Commission on Civil Rights. The two are S. 1117, the administration bill introduced by Senator Hart, and S. 1219, introduced by Senator Saltonstall. Both bills, copies of which are enclosed, would amend chapter 21 of title 42, U.S. Code. As you will note, S. 1117 provides for a 4-year extension of the Commission rather than the 2-year extensions which it received in the past. It would also increase the compensation of the Commissioners, and, as is indicated in its title, the Commission would become an agency in the executive branch of the Government. The powers of the Commission also would be expanded, and it would be given the new power to make "such rules and regulations as it deems necessary to carry out the purposes of this act." S. 1219 is substantially identical to S. 1117 except that the Commission would be made a permanent agency in the executive branch, and there is no provision for the increased compensation of its members. The subcommittee will appreciate receiving your views on these measures and your authorization of the insertion of these views in the published hearing record. Thank you for your cooperation in this matter. Sincerely yours, SAM J. ERVIN, Jr., Chairman. OFFICE OF THE ATTORNEY GENERAL, STATE CAPITOL, It is the opinion of this officer that Senate bill 1117 should be adopted with no pay increase, and that the Commission be made a permanent agency in the executive branch of the Government. These latter two provisions are in Senate bill 1219, a similar bill as Senate bill 1117, but not as broad. DEAR SENATOR ERVIN: Thank you for your letter of April 24, explaining the provisions of bills S. 1117 and S. 1219 concerning the Commission on Civil Rights. It is my opinion that this Commission serves no useful purpose and has as its sole objective stirring up litigation and creating antagonism over questions of individual State concern. Hence, increasing the terms and compensation of the members of the Commission and allowing it the power to make "such rules and regulations as its deems necessary to carry out the purposes of this act" as provided in S. 1117 is completely unjustified. Furthermore, making this Commission a permanent agency of the executive branch, as called for by S. 1219, would not improve the situation but, rather, would give the Commission all the more license to continue its practices of interference. For these reasons, I am opposed to the passage of bills S. 1117 and S. 1219 and am happy to authorize insertion of these views in the published hearing record. We also received your letter containing copies of three bills, S. 666, S. 1214, and S. 1283, referred to your subcommittee concerning voting rights. The cumulative effect of these three bills is to allow the Federal Government to officiously interfere with State elections under the guise of protecting constitutional rights of individuals. To require State officials to submit such information as is necessary for the Commission to collect and publish registration and voting statistics is unnecessary and could become quite burdensome and disfunctional (S. 1214). Naturally, I am opposed to the passage of these bills for the same reasons that I oppose S. 1117 and S. 1219. Please let me know if I can be of further assistance. Very truly yours, BRUCE BENNETT, Attorney General. SACRAMENTO, CALIF., April 30, 1963. Hon. SAM J. ERVIN, Jr., Chairman, U.S. Senate Subcommittee on Constitutional Rights, Senate Office Building, Washington, D.C. DEAR SENATOR ERVIN: I have for reply your letter of April 24, asking for an opinion on S. 1117 and S. 1219. We have been and are in strong support of the Federal Commission on Civil Rights. We would accordingly urge passage of S. 1117. Publications of the Commission on Civil Rights are used by our office and throughout the State of California. We think that the problem of civil rights constitutes a major threat to both the foreign and the domestic policies of the United States, and we think that the Civil Rights Commission has done as much toward the solution of this problem as any other agency of the Government. I thank you for offering the opportunity to provide this opinion, and I would be glad to buttress it with detail should your committee so desire. Very truly yours, STANLEY MOSK, Attorney General. THE DEPARTMENT OF LAW, STATE OF GEORGIA, Re S. 1117 and S. 1219. Hon. SAM J. ERVIN, Jr., Chairman, Committee on the Judiciary, DEAR SENATOR ERVIN: I have carefully reviewed the two above-proposed bills, and herewith submit my views. In my opinion, these measurs are completely unnecessary, and can only serve to aggravate the very problem which the bills ostensibly are designed to alleviate. The constant harping on racial and minority problems which the Commission must engage in to justify its continued existence does not solve but only accentuates and points them up. When H.R. 6127 was being debated prior to its passage in 1957, the Commission was presented as an interim investigative agency designed to make studies and recommendations concerning needed legislation. If 6 years is not sufficient time for the Commission to complete its work, I do not see how it can ever be expected to do so. Moreover, in view of the ever-expanding scope given to the 14th amendment by judicial decision, it is difficult to understand why any new legislation could possibly be needed. The Supreme Court seems to have assumed the role of lawmaker in this area, as well as the interpreter of the law, and what this country needs is less and not more agitation in the field of so-called civil rights. It is by now common knowledge, born by experience, that such agencies as the Commission inevitably become the captive tools of partisan special-interest groups which can hardly be expected to ever be satisfied with the state of things. With kindest regards, I am, EUGENE COOK, Attorney General. STATE OF HAWAII, Hon. SAM J. ERVIN, Jr., DEPARTMENT OF THE ATTORNEY GENERAL, Chairman, Subcommittee on Constitutional Rights, Committee on the Judiciary, U.S. Senate, 88th Congress, Washington, D.C. DEAR SENATOR ERVIN: We acknowledge receipt of your letter of April 24, 1963, pertaining to pending legislation (S. 1117 and S. 1219). We are of the belief that the work of the Commission on Civil Rights has been excellent. We also see a need for continued existence of the Commission. We believe that a 4-year extension of the Commission would be in order. We are also in accord with the proposal that the Commission should be a permanent agency in the executive branch of the Government. Power to make necessary rules and regulations seems desirable. Regarding the increase in compensation for Commission members, we trust that the views of your committee will be reasonable and should prevail. We appreciate this opportunity to express our views on the above pending legislation. You may insert this letter in the published hearing record if you so desire. Very truly yours, Hon. SAM J. ERVIN, Jr., BERT T. KOBAYASHI, Attorney General. STATE OF LOUISIANA, DEPARTMENT OF JUSTICE, BATON ROUGE, New Orleans, La., May 2, 1963. U.S. Senate, Subcommittee on Constitutional Rights, Committee on the Judiciary, Senate Office Building, Washington, D.C. DEAR SENATOR ERVIN: This letter is being written to you in your capacity as chairman of the Senate Subcommittee on Constitutional Rights. The contents hereof are relative to two bills, S. 1117 and S. 1219, presently being considered by your committee and relating to the extension of the Commission on Civil Rights. It is respectfully requested that this letter be inserted in the permanent and published hearing record on this subject. As a citizen of the United States and as attorney general of the State of Louisiana, I am unalterably, adamantly, and stanchly opposed to any extension of the Commission on Civil Rights. Likewise, I shall continue in the future, as I have in the past, to use all of the energies, abilities, and persuasions of myself and my staff to oppose any and all tyrannical legislation, such as created the Commission on Civil Rights, which has as its ultimate aim flagrant Federal abuses of States rights in violation of the 10th amendment of the Constitution. Initially, the legislative act creating the Commission is basically unconstitutional. The power of Congress to legislate with regard to the deprivation of the right to vote is granted by the 15th amendment of the U.S. Constitution. "But that amendment relates solely to action 'by the United States or by any State,' and does not contemplate wrongful individual acts. It is in this respect similar to the [same] clauses in the 14th amendment * * *” James v. Borman. 23 Supreme Court 678, 190 U.S. 136; Terry v. Adams, 73 Supreme Court 809. 345 U.S. 461. The Civil Rights Act, however, is not limited to State action but includes any person engaging in or about to engage in a certain type of conduct. It will be particularly noted that the section makes no reference to color of law, a phrase with which the Congress is very familiar, having used it in other sections of this as well as other civil rights acts. The power of Congress to legislate with regard to the deprivation of the right to vote is granted by the |