1975a. Rules of procedure. (a) Opening statement. 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) Copy of rules. A copy of the Commission's rules shall be made available to the witness before the Commission. (c) Attendance of counsel. Witnesses at the hearings may be accompanied by their own counsel for the purpose of advising them concerning their constitutional rights. (d) Censure and exclusion of counsel. The Chairman or Acting Chairman may punish breaches or order and decorum and unprofessional ethics on the part of counsel, by censure and exclusion from the hearings. (e) Defamatory, degrading or incriminating evidence. 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 in executive session; (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. (f) Requests for additional witnesses. Except as provided in this section and section 1975d (f) of this title, the Chairman shall receive and the Commission shall dispose of requests to subpena additional witnesses. (g) Release of evidence taken in executive session. No evidence or testimony taken in executive session may be released or used in public sessions without the consent of the Commission. Whoever releases or uses in public without the consent of the Commission evidence or testimony taken in executive session shall be fined not more than $1,000, or imprisoned for not more than one year. (h) Submission of written statements. In the discretion of the Commission, witnesses may submit brief and pertinent sworn statements in writing for inclusion in the record. The Commission is the sole judge of the pertinency of testimony and evidence adduced at its hearings. (i) Transcripts. Upon payment of the cost thereof, a witness may obtain a transcript copy of his testimony given at a public session or, if given at an executive session, when authorized by the Commission. (j) Witness fees. A witness attending any session of the Commission shall receive $4 for each day's attendance and for the time necessarily occupied in going to and returning from the same, and 8 cents per mile for going from and returning to his place of residence. Witnesses who attend at points so far removed from their respective residences as to prohibit return thereto from day to day shall be entitled to an additional allowance of $12 per day for expenses of subsistence, including the time necessarily occupied in going to and returning from the place of attendance. Mileage payments shall be tendered to the witness upon service of a subpena issued on behalf of the Commission or any subcommittee thereof. (k) Restriction on issuance of subpena. The Commission shall not issue any subpena for the attendance and testimony of witnesses or for the production of written or other matter which would require the presence of the party subpenaed at a hearing to be held outside of the State, wherein the witness is found or resides or transacts business (Pub. L. 85-315, pt. I, § 102, Sept. 9, 1957, 71 Stat. 634.) 1975b. Compensation of members. (a) Each member of the Commission who is not otherwise in the service of the Government of the United States shall receive the sum of $50 per day for each day spent in the work of the Commission, shall be reimbursed for actual and necessary travel expenses, and shall receive a per diem allowance of $12 in lieu of actual expenses for subsistence when away from his usual place of residence, inclusive of fees or tips to porters and stewards. (b) Each member of the Commission who is otherwise in the service of the Government of the United States shall serve without compensation in addition to that received for such other service, but while engaged in the work of the Commission shall be reimbursed for actual and necessary travel expenses, and shall receive a per diem allowance of $12 in lieu of actual expenses for subsistence when away from his usual place of residence, inclusive of fees or tips to porters and stewards. (Pub. L. 85-315, pt. I, § 103, Sept. 9, 1957, 71 Stat. 635.) § 1975c. Duties; reports; termination. (a) The Commission shall (1) investigate allegations in writing under oath or affirmation that certain citizens of the United States are being deprived of their right to vote and have that vote counted by reason of their color, race, religion, or national origin; which writing, under oath or affirmation, shall set forth the facts upon which such belief or beliefs are based; (2) study and collect information concerning legal developments constituting a denial of equal protection of the laws under the Constitution; and (3) appraise the laws and policies of the Federal Government with respect to equal protection of the laws under the Constitution. (b) The Commission shall submit interim reports to the President and to the Congress at such times as either the Commission or the President shall deem desirable, and shall submit to the President and to the Congress a final and comprehensive report of its activities, findings, and recommendations not later than 2 years from September 9, 1957. (c) Sixty days after the submission of its final report and recommendations the Commission shall cease to exist. (Pub. L. 85-315, pt. I, § 104, Sept. 9, 1957, 71 Stat. 635.) 1975d. Powers. (a) Staff director; appointment and compensation; personnel and services. There shall be a full-time staff director for the Commission who shall be appointed by the President by and with the advice and consent of the Senate and who shall receive compensation at a rate, to be fixed by the President, not in excess of $22,500 a year. The President shall consult with the Commission before submitting the nomination of any person for appointment to the position of staff director. Within the limitations of its appropriations, the Commission may appoint such other personnel as it deems advisable, in accordance with the civil service and classification laws, and may procure services as authorized by section 55z of Title 5, but at rates for individuals not in excess of $50 per diem. (b) Services of voluntary or uncompensated personnel. The Commission shall not accept or utilize services of voluntary or uncompensated personnel, and the term "whoever" as used in paragraph (g) of section 1975a of this title shall be construed to mean a person whose services are compensated by the United States. (c) Advisory committees. The Commission may constitute such advisory committees within States composed of citizens of that State and may consult with governors, attorneys general, and other representatives of State and local governments, and private organizations, as it deems advisable. (d) Exemption from conflict-of-interest statutes. Members of the Commission, and members of advisory committees constituted pursuant to subsection (c) of this section, shall be exempt from the operation of sections 281, 283, 284, 434, and 1914 of Title 18, and section 99 of Title 5. (e) Cooperation With Federal agencies. All Federal agencies shall cooperate fully with the Commission to the end that it may effectively carry out its functions and duties. (f) Hearings; issuance of subpenas. The Commission, or on the authorization of the Commission any subcommittee of two or more members, at least one of whom shall be of each major political party, may, for the purpose of carrying out the provisions of this Act, hold such hearings and act at such times and places as the Commission or such authorized subcommittee may deem advisable. Subpenas for the attendance and testimony of witnesses or the production of written or other matter may be issued in accordance with the rules of the Commission as contained in section 1975a (j) and (k) of this title, over the signature of the Chairman of the Commission or of such subcommittee, and may be served by any person designated by such Chairman. (g) Aid of courts in enforcing subpenas. In case of contumacy or refusal to obey a subpena, 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 Attorney General of the United States shall have jurisdiction to issue to such person an order requiring such person to appear before the Commission or a subcommittee thereof, there is 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. (Pub. L. 85-315, pt. I, § 105, Sept. 9, 1957, 71 Stat. 636.) STATE ADVISORY COMMITTEE 1959 NATIONAL CONFERENCE OF STATE ADVISORY COMMITTEES Roundtables were held in five areas: housing; education; voting; general topics; and role of State advisory committees. General synopses of the roundtables are included in a conference report. Reports of each State's advisory committee are also included. With few exceptions these reports are extremely brief-about one to five pages. The following is a summary of the work of the advisory committees as set out in the report: "FUNCTIONS AND RESPONSIBILITIES "(a) Advise the Commission in writing of any knowledge or information it has of any alleged deprivation within its State of the right to vote and to have the vote counted, by reason of color, race, religion or national origin. "(b) Attend as observers any open hearings the Commission may hold in its State. "(c) Advise the Commission of all information concerning legal developments constituting a denial of equal protection of the laws under the Constitution. "(d) Advise the Commission upon matters of mutual concern in the preparation of its final report. "(e) Receive reports, suggestions and recommendations from individuals and public and private organizations interested in the matters which Congress has assigned the Commission, and forward to the Commission its analyses and evaluations of such reports and suggestions." The Commission prepared questionnaires in the fields of voting, housing, and education to assist the advisory committees. In 1961, a volume was printed containing the reports for 1961. With few exceptions these were quite brief. INTERIM REPORT OF THE U.S. COMMISSION ON CIVIL RIGHTS Pursuant to its statutory duty to submit reports to the President and to Congress at such times as either the Commission or the President shall deem desirable, the U.S. Commission on Civil Rights submits the following special report with respect to the status of equal protection of the laws in the State of Mississippi: Since October 1962, the open and flagrant violation of constitutional guarantees in Mississippi has precipitated serious conflict which, on several occasions, has reached the point of crisis. The U.S. Commission on Civil Rights has become increasingly alarmed at this defiance of the Constitution. Each week brings fresh evidence of the danger of a complete breakdown of law and order. Citizens of the United States have been shot, set upon by vicious dogs, beaten, and otherwise terrorized because they sought to vote. Since October, students have been fired upon, ministers have been assaulted and the home of the vice chairman of the State Advisory Committee to this Commission has been bombed. Another member and his wife were jailed on trumped-up charges after their home had been defiled. Even children, at the brink of starvation, have been deprived of assistance by the callous and discriminatory acts of Mississippi officials administering Federal funds. All this affronts the conscience of the Nation. The Commission is fully aware that the administration has followed developments in Mississippi closely, that it has taken strong and vigorous action in assurinng that violators of Federal law are prosecuted, and that court orders are enforced. Despite the diligent and aggressive handling of each case as it has arisen, the Nation must be concerned that the pattern of unlawful activity shows no sign of abating. Moreover, 9 years after the Supreme Court unanimously decided that segregation in public elementary and secondary schools violates the equal-protection clause of the Constitution, Mississippi has taken no step to comply with the law of the land. Since its organization, the Commission has been deeply concerned with developments in Mississippi. Its hearing, scheduled for October 1962, in that State was first postponed at the request of the Attorney General of the United States, and finally canceled. On March 26, the Attorney General, after referring to the Barnett case, stated that: "While this case is pending, I continue to hold the view that a public hearing in Mississippi by the Civil Rights Commission would not be appropriate. In the meantime, I hope that the work of the Commission staff can continue as in the past on the question of the operation of Federal programs in Mississippi as elsewhere." Since October the Commission has received more than 100 complaints from Mississippi alleging denials of constitutional rights. Investigation of these complaints, reports of our State Advisory Committee and other evidence confirm the conclusion of the Commission that prompt and firm action is now required. The Commission has concluded unanimously that only further steps by the Federal Government can arrest the subversion of the Constitution in Mississippi. The Commission notes the action taken by the President of the United States in employing the force necessary to assure compliance with the Court decrees in the University of Mississippi case. It is mindful of the unequivocal public statements of the President expressing his belief that discriminatory practices are morally wrong. The Commission, nevertheless, believes that the President should, consistent with his constitutional and statutory authority, employ to the fullest the legal and moral powers of his office to the end that American citizenship will not continue to be degraded in Mississippi. We urgently request that: (1) the President formally reiterate his concern over the Mississippi situation by requesting all persons in that State to join in protecting the rights of U.S. citizens, and, in accordance with his duty to take care that the laws be faithfully executed, by directing them to comply with the Constitution and laws of the United States; (2) the President continue and strengthen his administration's efforts to suppress existing lawlessness and provide Federal protection to citizens in the exercise of their basic constitutional rights; and (3) the Congress and the President consider seriously whether legislation is appropriate and desirable to assure that Federal funds contributed by citizens of all States not be made available to any State which continues to refuse to abide by the Constitution and laws of the United States; and. further, that the President explore the legal authority he possesses as Chief Executive to withhold Federal funds from the State of Mississippi, until the State of Mississippi demonstrates its compliance with the Constitution and laws of the United States. The people of Mississippi and of the other States should know that according to information available to the Commission in fiscal year 1962, the Federal Government received from all sources in Mississippi $270 million. During the same period, payments from the Federal Government to the State, counties, municipalities, and individuals exceeded $650 million for grant-in-aid programs, U.S. Corps of Engineers construction contracts, military prime contracts, and direct civilian and military payrolls. Examples of additional Federal programs benefiting Mississippi include area redevelopment loans and grants, small business loans, accelerated public works projects, and Federal Aviation Agency grants. Massive assistance to the economy of Mississippi has continued past the time when the State placed itself in direct defiance of the Constitution and Federal court orders. For example, the National Aeronautics and Space Agency is proceeding with plans to build a $400 million moon rocket engine test center in Pearl River and Hancock Counties, Miss. Taking into account the need to comply with statutory requirements which limit the discretion of the executive branch, and recognizing that the location of large Federal installations must reflect national needs, the Commission believes there is an overriding constitutional obligation to make certain that Federal funds are expanded in a manner which will benefit all citizens without distinction. The Federal Aviation Agency failed to take cognizance of such an obligation when it granted $2,180,000 for the construction of a jet airport to serve Jackson, Miss., without questioning the airport's plan to build separate eating and restroom facilities. The financial benefits accruing to Mississippi and its citizens as a result of Federal programs are necessarily financed by American citizens throughout the Nation. The Commission deems it appropriate and desirable that the legislative and executive branches of the Federal Government inquire into the moral and legal considerations arising out of a situation where, in large measure, the lawless conduct and defiance of the Constitution by certain elements in one State are being subsidized by the other States. The Commission does not want the people of Mississippi, either Negro or white, to lose benefits available to citizens of other States. Rather, its goal is that all citizens in the United States be assured the full enjoyment of the rights guaranteed by the Constitution. It is upon adherence to that great charter with its powerful moral premises that our survival as a free society depends. Respectfully submitted. JOHN A. HANNAH, Chairman, ROBERT G. STOREY, Vice Chairman, SPOTTSWOOD W. ROBINSON III, ERWIN N. GRISWOLD. APRIL 16, 1963. WITH LIBERTY AND JUSTICE FOR ALL-AN ABRIDGMENT OF THE 1959 REPORT OF THE U.S. COMMISSION ON CIVIL RIGHTS INFORMATION, ADVISORY AND CONCILIATION SERVICES Findings A school system's easy adjustment to desegregation may be influenced by many factors such as the relative size and location of the white and Negro population, the extent to which Negro children are culturally handicapped, segregation practices in other areas of community life, and the character of community and State leadership. Desegregation by court order has been more difficult than desegregation by voluntary action. Many school districts, according to the Commission, have had no established and qualified source to turn to for information and advice about desegregation plans. Recommendations No. 1 (a) and (b) "*** the Commission recommends: 1(a) That the President propose and the Congress enact legislation to authorize the Commission on Civil Rights, if extended, to serve as a clearinghouse to collect and make available to States and to local communities information concerning the Supreme Court mandate either voluntarily or by court order, including data as to the known effects of the programs on the quality of education and the cost thereof. "1(b) That the Commission on Civil Rights be authorized to establish an advisory and conciliation service to assist local school officials in developing plans designed to meet constitutional requirements and local conditions; and to mediate and conciliate, upon request, disputes as to proposed plans and their implementation." |