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. Demonstrators were protesting alleged scgrcKH-
Oon in hiring for public-financed construction projects. (UP1) j
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