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About Medford mail tribune. (Medford, Or.) 1909-1989 | View Entire Issue (Aug. 1, 1963)
2 D THURSDAY. AUGUST!. 1963 MEDFORD MAIL TRIBUNE. MEDFORD. OlECJ Proposed Discrimination Ban Invokes Former Doctrine of Equity Br WILLIAM J. EATON Unittd PrMt International Washington - (WD-President Kennedy's proposal to ban racial discrimination in public places would invoke the centuries-old doctrines of equity to enforce Negro rights to equal access and service. The legislation, now hotly debated in Congress, would declare that racial restrictions in hotels, theaters, restau rants and stores were illegal It also would open the fed' eral courts for Negroes or other aggrieved minorities to seek a remedy. The provisions covering rights to access and service in public places are contained in the controversial "Title It" or public accommodations section of the President's sweeping civil rights bill. It is the section of the bill most repugnant to opponents of civil rights legislation and it is certain to touch off long and heated debate in Con gress. Congressional approval of the law would, in effect, say that property rights of the hotel or restaurant owner must not be exercised to ex elude anyone on the basis of race or creed. But no criminal penalties would be imposed on violators. Enforcement would be achieved through court orders, backed up if necessary by contempl-of-court proceedings. Discretionary Power Atty. Gen. Robert F. Ken nedy would be given discre tionary authority to file suits in major cases if he found that those who complained of discrimination were unable to take their cases into court and his participation would advance the objectives of the law. Opponents argue that the proposed law would invade property rights ol business' men to select their own cu5' tomers. Proponents contend that these property rights have been curtailed many times in the past through federal legislation to protect the public Interest They cite minimum wage child labor, pure food and drug legislation and a host of Sunday "blue laws" to sup port their view. The President's civil rights bill is based largely on the equity powers of courts, which can be traced to me dieval England, to issue rc straining orders or injunc tions to prevent a wrong Irom occuring. Here is a slcp-by-step ex planation of how the equal accommodations pro visions would work if Congress pass ed the proposal exactly as the President presented it: How Plan Works 1. A Negro who was reject ed at a hotel, theater, restau rant or store covered by the act could file suit in federal court for an order directing that discrimination be halted at the establishment named. 2. The owner would have the right to object that his place was not covered by the law because it did not house interstate travelers or did not substantially affect interstate commerce. He also could argue that the Negro was refused entry or service be cause of reasons other than race. 3. The judiic would decide, first, if the business was cov ered by the law. This deci sion would be based on a reading of the language and past court interpretations of the relation of business firms to interstate commerce. If he refused to take the case, the Negro could appeal. The judge probably would order a hearing to see if the Negro's complaint was justified. Both sides could present witnesses or other evidence to back up their claims but the burden of proof would be on th; Negro seeking relief, lie might have to show that he was orderly and reputable, for example, to counter ac cusations to the contrary by the owner. 4. If the complaint was found justified, a federal Judge could issue a temporary restraining order or an in junction directing a halt to the discriminatory practices. This could be appealed if it was a "final" decision of a lower court. Lilt Punishment 5. Defiance of the couil order could be punished through either civil or crim inal contempt proceedings. Judges have wide powers to deal with contempt. They could imprison anyone who violated their directive until the accused agreed to obey it or impose a fine of un limited amount for each day the court order was ctefiod. The law is not yet clear on whether a man accused of criminal contempt would be entitled to a Jury trial. In civil cases, the defend ant is considered to have the "key to the Jail door in his own pocket" since punish ment stops when he begins obeying the order. The attorney general would be empowered to file suit on behalf of Negroes or other victims of discrimination In carefully limited circum stances. Before he could go to court, however, the nation's chief law enforcement officer would have to find that the complainant was (1) loo poor to hire a lawyer, or unable to find one, (2) filing the suit probably would result in physical or economic repris als to him, his family or prop erty. If these requirements were satisfied, the attorney general would have to refer the case to state or local officials If state or local laws in that area forbade discrimination In public facilities. These author ities would be given a "rea sonable lime" to act before the federal government could file suit. Where there is no such law, the attorney general would be required lo submit the mailer lo a newly establish ed community relations serv ice and give it 30 days to try for a voluntary solution. The attorney general couici file the suit if the complaint still was not settled in that month-long period. He could shortcut all oi these preliminary steps, how ever, if he certifies to the federal court that the delay would adversely affect U.S. Interests or the procedures would be futile. The proposed legislation provides that Negroes who win their legal battle for equal access would be paid a "reasonable attorney s fee by the losing party. It also would provide that a suit should be filed if there is good reason to believe that a hotel or restaurant covered by act would discrininate even though no one has been refused a room or meal serv ice. Justice department attor neys said it is intended that the attorney general would be TUNA BITE Boston-IUPII-Tuna fishing Is due for a big development off the New England coast in summer, the federal govern ment believes. Last year's catch of 7 million pounds was double the previous year's. concerned primarily with ma jor "test cases" involving clear-cut discrimination. Bor derline cases would be left for private individuals or or ganizations, they said. Does Not Apply Atty. Gen. Kennedy also has made it plain in his testi mony before congressional committees that the law was not designed to apply lo the so - called "Mrs. Murphy" guest house, an owner-occupied dwelling with a few rooms for rent lo travelers. These and other exemptions would be decided by the courts and not by Congress if the law goes through as present ed. Many members of Con gress favor excluding estab lishments that do less than a certain volume of business. Kennedy has said he would be willing to sharpen the def initions but he does not want to create "loopholes" or "wa ter down" the measure be cause, he said, discrimination in small as well as large busi ness should be abolished. It its present form the bill would cover: Any hotel, motel or other public place engaged in fur nishing lodging to transient guests, including those from other states or traveling in interstate commerce. Any motion picture house, theater, sports arena, stadium, exhibition hall or similar place which customar ily presents entertainment or athletic teams which move in interstate commerce. Any retail shop, market, gasoline station, restaurant, soda fountain or other estab lishment (1) if the goods or services are provid-d to a substantial degree to inter state travelers or (2) a sub stantial portion of the goods has moved in interstate com merce or (3) the operations of the business substantially affect interstate travel or movement of goods in inter state commerce. Kennedy has said that 99 per cent of the business estab lishments involved would know whether the law affect ed them or not, without litigation. Always ii,cjiBuvv' SEGREGATION PROTESTED-Pickcts hng on to a clmin and a crane's unloading gear atop cement blocks which uO-c 1 about to be Tcmoved from truck at a construction site in ' New York. 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