Evening star. [volume] (Washington, D.C.) 1854-1972, 1963-07-18
HEARING
Continued From Page Al

MI. hCLtIlcOy WdTucQ bIldI
VERY far-reaching and grave
issues" would be raised by a
bill resting solely on the Four
tenth Amendment.
He pointed out that that
amendment deals only with
State action and not individual
action. To find there Is State
action in discrimination by pri-
vate businesses solely because
the State licensed them - as
several administration bills
propoSe-would have vast con-
stitutional implications, he said,
as well as creating serious prac-
teal problems.
Under the licensing theory,
he said. the scope Of the bill
would depend upon what the
various States decide to license
or not to license. He said any
State which abandons its Ii
censing scheme could defeat
the purpose Of the bill.
Such a bills application also
would vary from State to State,
defeating the need for ma
tional uniformity" Mr.. Ken
nedy continued.
Amendment Is Buttress
In Alabama, he said, legisla-
ton based on licensing would
cover such occupations as
architects, embalmers, sleight
Of hand artists and feather
renovators." But 1t would not
reach department stores in
Minnesota or, as far as he has
found, hotels and motels in
Pennsylvania.
When the Attorney General
completed his 24-page prepared
statement, most Of the rest OF
the morning session involved
discussion of constitutional
issues with Senator Erwin, Dem
ocrat, Of North Carolina.
Senator Erwin told newsmen
after the session that he was
only on the preamble" Of his
questioning and declined tc
predict how many sessions il
will take him to finish.
Won't Discuss Reds
When Senator Erwin was
asked by reporters for COM
ment on charges made by two
Southern governors to the Sen
ate Commerce Committee that
Negro leaders are associated
with Communists, he replied:
II can discuss the legislation
on an intellectual rather than
an emotional plane. As long
as that Is possible I'm not going
to look under the bed for Com
munists."
Senator Erwin tried to get
Attorney General Kennedy to
admit that the racial demon
STATIONS across the country
had prompted the legislation.
The Attorney General in
sisted that the demonstrations
illustrated a recognized need
and that the legislation was
actually prompted because Of
"injustices that need remedy"
No Prosecutions Listed
The Senator wanted to know
how many criminal prosecu-
tons had been scheduled in
the courts to punish election
officials who perpetrated the
wrongs cited by the Attorney
General in denying Negroes
the right to register and vote
He cited the Attorney Cen
erals references to Mississippi
and Alabama voting cases.
Mr.. Kennedy responded that
no criminal prosecutions had
been brought in voting cases
in Mississippi and Alabama be-
cause "it would be virtually
impossible to get a successful
prosecution in either Of those
States" in voting cases.
Jury Issue Raised
Senator Kefauver, Democrat
Of Tennessee, who opened the
questioning Of Mr.. Kennedy,
wanted to know about the right
Of jury trial in contempt cases
stemming from the failure OF
operators to desegregate pub
lie accommodations on court
orders.
The Attorney General said
the administration would ac-
cept the same provisions on
Jury trial as in the 1857 Civil
Rights Act where the right OF
trial by jury was provided II
the fine would be more than
$500 or the prison term more
than As days.
Senator Kefauver called the
Attorney Generals attention to
o jury trial amendment that
the Senator had offered at the
time Of congressional consid-
Grafton Of the 1857 act. That
amendment would have assured
trial by jury In contempt pro-
ceedings growing out OF any
type OF civil rights case.