the necessary statistics. All that was needed was to put legislation. on the books that would empower them to report these statistics to the House for their use under the 14th amendment.

We have been putting pressure on the North Vietnamese to get them to end their subversion and infiltration in South Vietnam, and I think perhaps this legislation could likewise bring pressure on Alabama and Mississippi and some of the other States to end their discrimination against Negroes down there.

I recommend very favorably the approval of this bill, Mr. Chairman.

I appreciate the time and courtesy that you have extended to me. The CHAIRMAN. Thank you very much, Mr. Stratton.

We will be glad to receive any extension of your remarks for the record.

Mr. STRATTON. Thank you very much.

The CHAIRMAN. Our next witness is the Honorable William S. Moorhead, of Pennsylvania.

STATEMENT OF HON. WILLIAM S. MOORHEAD, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF PENNSYLVANIA

Mr. Chairman, it is an honor to be accorded the privilege of testifying before this subcommittee which is considering the most important. and the most basic problem which is facing our Nation. That problem, in the words of President Johnson, is "the dignity of man and the destiny of democracy."

It is the "destiny of democracy" because the right to cast a meaningful vote is the essential right which distinguishes a democracy from other forms of government. It is the "dignity of man" because any democracy which denies to one man an equal opportunity to vote with other men denies his essential human dignity.

I support H.R. 6400 because it is designed to promote the destiny of democracy and the dignity of man.

In addition to supporting H.R. 6400, I say that I would oppose any amendment, however beneficial, that would jeopardize the passage of H.R. 6400.

Having said that, I now propose an amendment for the subcommittee's consideration.

H.R. 6400 is grounded on the 15th amendment to the Constitution. of the United States. However, the 15th amendment is not the only provision of the Constitution designed to prevent denial of voting rights.

Section 2 of the 14th amendment provides as follows:

Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State. excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crimes, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

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H.R. 6400 provides the mechanics whereby the right to vote can be obtained. H.R. 6400 recognizes, however, that attempts may be made to prevent persons from making use of these new techniques, and provides criminal penalities for such action.

Mr. Chairman, I suggest to you that effective ways of preventing voting could be made so subtle that successful criminal prosecution for a violation of section 9(a) could never be made, even if we disregard the jury system under which such prosecutions would be tried. Mr. Chairman, if the recent events in Selma and Montgomery have taught us one thing about the Civil Rights Acts of 1957, 1960, and 1964, it is that in these acts we erred by not going far enough. Let us not make that same mistake in 1965.

What is needed, Mr. Chairman, is legislation which will cause the white power structure to want to register as many Negro voters as possible. What is needed is an excuse which will permit the moderate leadership to come to the fore.

I submit that legislation to implement section 2 of the 14th amendment would be the best method to accomplish these objectives.

On March 9, 1965, I introduced H.R. 6029 to provide for the enforcement of section 2 of the 14th amendment to the Constitution of the United States. I did this not as an alternative to the 15th amendment legislation which I knew that the administration was preparing, but with the hope that legislation along these lines would be included as part of the voting rights package.

I now urge this subcommittee to make this legislation a part of the voting rights bill of 1965. I believe that this can be done without jeopardizing the chances of the passage of H.R. 6400. I believe that the necessity of passing three civil rights bills in 8 years should show us that our errors have been in doing too little rather than too much.

I think that the climate in the country is such that, insofar as the right to vote is concerned, the people of America want the Congress to do everything that is constitutionally possible to insure the right to vote, and not merely a portion of that which is constitutionally possible.

Despite the fact that I feel that H.R. 6400 would be greatly improved by the addition of H.R. 6029 to it, I believe that the passage of H.R. 6400 has the highest priority and if it should be the judgment of this subcommittee, whose dedication to the cause of civil rights is unquestioned, that such an amendment would jeopardize the chances of the passage of H.R. 6400. I think the judgment of this subcommittee should be given great weight by all civil rights supporters.

The CHAIRMAN. Our next witness is the Honorable William F. Ryan of New York.

Mr. RYAN. Mr. Chairman, I do not know what the time situation is. I have a prepared statement which I would like to present to the members of the subcommittee. Perhaps if the chairman intends to adjourn shortly, it would be better for me to return tonight.

The CHAIRMAN. We have James Farmer for tonight and three Members of the House. I will be glad to sit and listen to the gentleman. You may proceed.

STATEMENT OF HON. WILLIAM F. RYAN, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF NEW YORK

Mr. RYAN. Very well, Mr. Chairman.

Mr. Chairman, there is no more important legislation before the Congress than that which this distinguished committee is considering. It is especially gratifying to me that Congress at long last is confronting the issue of voting rights for all our citizens.

Ever since I have served in Congress, I have been deeply concerned with the establishment of voting rights. In the 87th Congress and the 88th Congress, I introduced legislation-H.R. 7142, 87th Congress; H.R. 6028, 88th Congress-to provide for the appointment of Federal enrollment officers by the President upon the recommendation of the Commission on Civil Rights. And in this 89th Congress, I introduced H.R. 6023, which would establish a system of Federal registrars. I will outline the provisions of the bill later in my testimony.

I have also introduced in each Congress bills to abolish the poll tax and the literacy test in all elections-local, State, and Federal. Throughout these years, I have repeatedly spoken on the floor of the House for effective voting rights legislation.

We are now on the brink of a new age-an age in which racial discrimination at the ballot box will be eliminated. Let us remember that we are at this critical juncture in our history because of the courage and dedication of thousands of American citizens. Those who have risked their liberties and lives represent the highest ideals of our society. They are in a true sense the protectors of our Constitution and our democratic system. But they cannot and must not stand alone.

It is tragic that, when they began, they were alone. It is tragic because the struggle for civil rights is a struggle for existing rights. The right to vote regardless of race or color has been established for nearly 100 years.

In the eloquent words of Mr. Justice Goldberg:

These rights are present rights; they are not merely hopes to some future enjoyment of some formalistic constitutional promise. The basic guarantees of our Constitution are warrants for the here and now.

The time has now finally arrived when the Congress is ready to exercise its responsibility to insure that the longstanding right to vote is fully guaranteed and protected. The question no longer is whether Congress should act, but in what manner Congress should act.

I have introduced H.R. 6023, which I believe would secure the rights guaranteed by the 15th amendment once and for all. This bill deals with the right to vote, empowering the Federal Government to act quickly and effectively.

The operative finding of disfranchisement would be made by either the U.S. district court or the U.S. Commission on Civil Rights. Where either agency finds the right to vote has been denied because of race, color, or national origin, it would be mandatory for the President to create Federal registration offices and appoint Federal registrars. The Federal registration offices would be in operation for a minimum of 1 year.

The CHAIRMAN. Mr. Ryan, how long is your statement? I think the bells have rung.

Mr. RYAN. There are several points, Mr. Chairman, which I would like to make in regard to this bill, if I may continue.

The CHAIRMAN. I am afraid not. I thought it would be a brief statement but you have a rather long statement, I take it. Mr. RYAN. I do.

The CHAIRMAN. How long will you take?

Mr. RYAN. I would think I can summarize it in 10 minutes.

The CHAIRMAN. Nevertheless, I think we now have no right to sit. I am afraid you will have to come back tonight. I will call you as the first witness.

Mr. RYAN. Thank you, Mr. Chairman.

The CHAIRMAN. The Chair wishes also to submit for the record a statement of the Honorable John D. Dingell of Michigan, the statement of the Honorable Charles C. Diggs, Jr., of Michigan: the statement of the Honorable James G. O'Hara of Michigan; the statement of the Honorable John R. Schmidhauser of Iowa, and the statement of Leonard S. Brown, member of the Alexandria City Democratic Committee.

(Statements referred to follow :)

STATEMENT OF HON. JOHN D. DINGELL, U.S. REPRESENTATIVE FROM THE STATE OF MICHIGAN

Mr. Chairman and members of the committee, for the record, my name is John D. Dingell; I am a Member of Congress from the 16th District of Michigan.

I strenuously support the provisions of HR.. 6400. I am a sponsor of an identical bill H.R. 6510.

I do not believe that we can justify denial of the right to vote to large numbers of our citizens of any race, creed, or color in any part of this Nation. The difference between a democracy and a tyranny is that the citizenry has the right to participate in the selection of their rulers and in the making of their laws through the ballot. Denial of this most fundamental right negates the fundamental existence of a republican form of government. If this group can be denied participation in their nation's affairs it is equally possible for any and all others to suffer the same denial.

I hope the committee will report to the floor as expeditiously as possible the administration's bill H.R. 6400 and/or some other substantially identical legislation.

STATEMENT OF CHARLES C. DIGGS, JR., U.S. REPRESENTATIVE FROM THE STATE OF MICHIGAN

TESTIMONY OF CONGRESSMAN CHARLES C. DIGGS, JR., DEMOCRAT, OF MICHIGAN, BEFORE HOUSE JUDICIARY SUBCOMMITTEE CONSIDERING VOTING RIGHTS LEGISLATION, TUESDAY, MARCH 23, 1965

Mr. DIGGS. Mr. Chairman, members of the committee, we have a crisis in America today regarding the frustration and deprivation being experienced by Negroes in southern areas who are pursuing their constitutional right to vote. This fact is accepted by thinking people in the public and private sectors. It is underscored by the extraordinary actions which have been taken by the President in recommending corrective measures and the top priority accorded by this committee to translate this urgent call into appropriate legislation. The Congress has worked its will in the past, but its action has not been fast or broad enough. It is time to stop dealing with civil rights, especially in the field of voting, on the installment plan. Domestic tranquility cannot be maintained if we continue to try to tighten a nut here or a bolt there. We need to jack the vehicle up and put in a whole new motor. To this end, I urge the committee to provide a remedy which will once and for all provide all of the legal assurances necessary to expedite the right to vote by all citizens. The

President made it clear in his historical address to a joint session of the Congress, that he welcomed and anticipated our suggestions to improve the legislative proposals which he was about to submit. I am delighted that the Presi dent is this flexible. Now that there has been an opportunity to review the administration's bill, it has become obvious that the President exercised great wisdom in avoiding a posture of omnipotence. I hope this committee and the Congress finish the job which he has so skillfully begun.

Specifically, I urge that the provision regarding the poll tax be revised to eliminate it altogether by statute. The same rationale which prompted the enactment of a prohibition against the poll tax in Federal elections should logically apply against the same condition precedent to local elections.

Secondly, the present bill does not seem to deal adequately with those situations wherein candidates for certain offices are nominated by party convention rather than a direct primary by the people. It is particularly important that this be clarified because nomination in recalcitrant one-party areas is equivalent to election.

Additionally, there is serious question about the feasibility of limiting the coverage of this proposal to those areas where the hard core of resistance is being experienced. The “50 percent formula," below which is triggered the intervention of the Federal Government, seems unnecessarily complicated and is not consonant with our desire for a simple operation, such as prevails in my State, where a person only has to satisfy the age and residency requirements.

Another important point that should be strengthened relates to those instances where intimidation of one form or another by police officers is exercised to discourage Negroes from applying for the franchise. It would appear to me that remedies should be provided, as suggested by legislation already introduced by Senators Javits, Kuchel, and others. I am sure, also, that closer scrutiny will uncover other areas where perfecting amendment will strengthen the purpose of the bill.

In conclusion, I would like to reiterate my feeling that this matter be handled as expeditiously as the legislative process will permit. I make this plea not only because the need is obviously justified, but of equal importance, responsible Negro leadership in this country needs some concrete evidence that America cares about the plight of our people and wants to take action to correct the evils of the past. In the absence of such evidence, in their bitterness and frustration, the masses of Negroes may pursue alternatives that would be harmful to themselves and to the rest of the Nation.

STATEMENT of REPRESENTATIVE JAMES G. O'HARA OF MICHIGAN BEFORE THE HOUSE COMMITTEE ON THE JUDICIARY ON H.R. 5419-CONGRESSIONAL REPRESENTATION ACT OF 1965-MARCH 23, 1965

Mr. Chairman, last Tuesday morning, following Monday night's joint session of the House of Representatives and Senate, I sent the following telegram to President Johnson:

“Like millions of our fellow Americans, I was deeply moved by your strong and eloquent appeal for equal voting rights. You can depend upon my enthusiastic support for the goals outlined in your address of last night."

Since last Tuesday, I have had the opportunity to examine the language of the proposed voting rights legislation. I believe this bill represents an effective vehicle to help us reach the goals set forth by President Johnson in his voting rights message.

In a bill such as this, I doubt that everyone could ever be completely satisfied. We all have our own ideas about what an effective voting rights bill should or should not contain. I believe, however, that the bill proposed by the administration and introduced by the distinguished chairman of this committee is one which we can all endorse, even though we might wish to add a provision here or delete one there.

In addition, Mr. Chairman, I think the committee should also give serious consideration to H.R. 5419, which I introduced on February 24. This bill is identical to S. 1161 authored by the distinguished senior Senator from Michigan, Patrick V. McNamara. Senator McNamara has introduced similar legislation in every Congress since 1957.

H.R. 5419 would simply reduce congressional representation of States which deny their citizens the right to vote, by implementing section 2 of the 14th amendment to the Constitution.