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THE CAMPUS ECHO
April, 1964
A Few Sections Of The Controversial Civil Rights Bill
AN ACT
To enforce the constitutional
right to vote, to confer
jurisdiction upon the district
coJfts of the United States to
provide injunctive relief against
discrimination in public accom
modations, to authorize the At
torney General to institute suits
to protect constitutional rights
in public facilities and public
education, to extend the Com
mission on Civil Rights, to pre
vent discrimination in federally
assisted programs, to establish
a Commission on Equal Employ
ment Opportunity, and for other
purposes.
Be it enacted by the Senate
and House of Representatives of
the United States of America
in Congress assembled,, That
this Act may be cited as “The
Civil Rights Act of 1963.”
Title 1
Voting Rights
Sec. 101. Section 2004 of the
Revised Statutes (42 U.S.C.
1917), as amended by section
131 of the Civil Rights Act of
1957 (71 Stat. 637), and as fur
ther amended by section 601 of
the Civil Rights Act of 1960 (74
Stat. 90), is further amended as
follows:
(a) Insert “1” after “(a)” in
subsection (a) and add at the
end of subsection (a) the follow
ing new paragraphs:
“(2)” No person acting under
color of law shall—
“(a)” in determing whether
any individual is qualified un
der State law or laws to vote in
any Federal elections, apply any
standard, practice, or procedure
different from the standards,
practices, of procedures applied
under such law or laws to other
individuals w’ithin the same
county, parish, or similar politi
cal subdivision who have been
found by State officials to be
qualified to vote;
“(B)” deny the right of any
individual to vote in any Federal
election because of an error or
omission of such individual on
any record or paper relating to
any application, registration,
payment of poll tax, or other act
requisite to voting, if such error
or omission is not material in
determining whether such in
dividual is qualified under State
law to vote in such election; or
“(C)” employ any litieracy
test as a qualification for voting
in any Federal election unless
(i) such test is administered to
each individual wholly in writ
ing except where an individual
request and State law authorizes
a test other than in writing and
(ii) a certified copy of the test
whether written or oral and of
the answers given by the indivi
dual is furnished to him within
twenty-five days of the sub
mission of his request made with
in the period of time during
which records and papers are
required to be retained and pre
served pursuant to title III of the
Civil Rights Act of 1960 (42 U.S.
C. 1974-74e; 74 Stat. 88)‘ “(3)
For purposes of this subsection—
“(A) the term ‘vote’ shall
have the same meaning as in
subsection (e) of this section;
“(B) the phrase ‘literacy test’
includes any test of the ability
to read, write, understand, or
interpret any matter.”
(b) Insert immediately follow
ing the period at the end of the
first sentence of subsection (c)
the following new sentence: “If
in any such proceeding literacy
is a relevant fact there shall be
a rebuttable presumption that
any person who has not been ad
judge an incompetent and who
has completed the sixth grade in
a public school in, or a private
school accredited by, any State
or territory, the District of Col
umbia or the Commonwealth of
Puerto Rico where instruction
is carried on predominaitly in
the English language, possesses
sufficient literacy, comprehen
sion, and intelligence to vote in
any Federal election.”
(c) Add the following sub
section
“(f)” and designate the present
subsection““(f)” as subsection
“(g)”:
“(f) When used in subsec
tions (a) or (c) of this section,
the words ‘Federal election’
shall mean any general, spe
cial, or primary election held
solely or in part for the pur
pose of electing or selecting any
candidate for the office of Presi
dent, Vice President, presiden
tial elector. Member of the Sen
ate, or Member of the House of
Representatives.”
(d) Add the following sub
section “(h)”:
“(h) In any proceeding in
stituted in any district court of
the United States under this
section the Attorney General or
any defendant in the proceeding
may file with the clerk of such
court a request that a court of
three judges be convened to
hear and determine the case.
A copy of the request shall be
immediately furnished by such
clerk to the chief judge of the
circuit (or in his absence, the
presiding circuit judge) of the
circuit in which the case is
pending. Upon receipt of the
copy of such request it shall be
the duty of the chief judge of
the circuit or the presiding
circuit judge, as the case may
be, to designate immediately
three judges in such circuit, of
whom at least one shall be a
circuit judge and another of
whom shall be a district judge
of the court in which the pro
ceeding was instituted, to hear
and determine such case, and
it shall be the duty of the judges
so designated to assign the case
for hearing at the earliest prac
ticable date, to participate in the
hearing and determination
thereof, and to cause the case
to be in every way expedited.
An appeal from the final judg
ment of such court will lie to
the Supreme Court.
“In the event the Attorney
General fails to file guch a re
quest in any such proceeding,
it shall be the duty of the chief
judge of the district (or in his
absence, the acting chief judge)
in which the case is pending
immediately to designate a
judge in such district to hear
and determine the case. In the
event that no judge in the dis
trict is available to hear and de
termine the case, the chief judge
of the district, or the acting chief
judge, as the case may be, shall
certify this fact to the chief
judge of the circuit (or in his
absence, the acting chief judge)
who shall then designate a dis
trict or circuit judge of the cir
cuit to hear and determine the
case.
“It shall be the duty oi the
judge designated pursuant to
this section to assign the case
for hearing at the earliest prac
ticable date and to cause the
case to be in every way ex
pedited.”
TITLE n
INJUNCTIVE RELIEF
AGAINST ..DISCRIMINATION
IN PLACES OF PUBLIC AC
COMMODATION
Sec. 201. (a) All persons
shall be entitled to the full and
equal enjoyment of the goods,
services, facilities, privileges,
advantages, and acconmiodations
of any place of public accom
modation, as defined in this sec
tion, without discrimination or
segregation on the ground of
race, color, religion, or national
origin.
(b) Each of the following
establishments which serves the
public is a place of public ac-
conMnodation within the mean
ing of this title if its operations
affect commerce, or if discrimi
nation or segregation by it is
supported by State action:
(1) any inn, hotel, motel or
other establishment which pro
vides lodging to transient guests,
other than an establishment, lo
cated within a building which
contains not more than five
rooms for rent or hire and which
is actually occupied by the pro
prietor of such establishment as
his residence;
(2) restaurant, cafeteria,
lunch room, lunch counter, soda
fountain, or other facility prin
cipally engaged in selling food
for consumption on the premises,
including, but not limited to,
any such facility located on the
premises of any retail establish
ment; or any gasoline station;
(3) any motion picture
house, theater, concert hall,
sports arena, stadium or other
place of exhibition or enter
tainment; and
(4) any establishment (A)
which is physically located with
in the premises of any establish
ment otherwise covered by this
subsection, or within the pre
mises of which is physically lo
cated any such covered estab
lishment, and (B) which holds
itself out as serving patrons of
such covered establishment.
(c) The operations of an
establishment affect commerce
within meaning of this title if
(1) it is one of the establish
ments described in paragraph
(1) of subsection (b); (2) in the
case of an establishment describ
ed, in paragraph (2) of subsec
tion (b), it serves or offers to
serve interstate travelers or a
substantial portion of the food
which it serves, or gasoline or
other products which it sells,
has moved in commerce; (3) in
the case of an establishment de
scribed in paragraph (3) of sub
section (b). it customarily pre
sents films, performances, ath
letic teams, exhibition or other
sources of entertainment which
move in commerce; and (4 in
the case of an establishment de
scribed in paragraph (4) of sub
section (b), it is physically lo
cated within the premises of, or
there is physically located with
in its premises, an establishment
the operations of which affect
commerce within the meaning of
this subsection. For purposes
of this section, “commerce”
means travel, trade, traffic, com
merce, transportation or com
munication among the several
States, or between tthe District
of Columbia and any State, or
between any foreign country or
any territory or possession and
any State or the District of Col-
\imbia, or between points in the
same State but through any
other State or the District of
Columbia or a foreign country.
(d) Discrimination or segre
gation by an establishment is
supported by State action within
the meaning of this title if such
discrimination or segregation
(1) is carried on under color of
any law, statute, ordinance or
regulation; or (2) is carried on
under color of any custom or
usage required or enforced by
officials of the State or political
subdivision therof; or (3) is re
quired by action of a State or
political subdivision therof.
(e) The provisions of this
title shall not apply to a bona
fide private club or other estab
lishment not open to the public,
except to the extent that the
facilities of such establishment
are made available to the cus
tomers or patrons of an estab
lishment within the scope of
subsection (b).
Sec. 202. All persons shall be
entitled to be free, at any estab
lishment or place, from dis
crimination or segregation of
any kind on the ground of race,
color, religion, or national ori
gin, if such, discrimination or
segregation is or purports to be
required by any law, statute,
ordinance, regulation, rule or
order, of a State or any agency
or political subdivision thereof.
Sec. 203. No person shall
(a) withhold, deny, or attempt
to withold or deny, or deprive
or attempt to deprive, any per
son of any right or privilege se
cured by section 201 or 202, or
(b) intimidate, threaten, or
coerce, or attempt to intimidate,
threaten, or coerce any person
with the purpose of interfering
with any right or privilege se
cured by section 201 or 202, or
(c) punish or attempt to punish
any person for exercising or
attempting to exercise any right
or privilege secured by section
201 or 202.
Sec. 204. (a) Whenever any
person has engaged or there are
reasonable grounds to believe
that any person is about to en
gage in any act or practice pro-
, hibited by section 203, a civil
action for preventive relief, in
cluding an application for a per
manent or temporary injunction,
restraining order, or other or
der, may be instituted (1) by
the person aggrieved, or (2) by
the Attorney General for or in
the name of the United States
if he satisfies himself that the
purpose of this title will be
materially furthered by the fil
ing of an action.
(b) In any action com
menced pursuant to this title,
the court, in its discretion, may
allow the prevailing party, other
than the United States, a reason
able attorney’s fee as part of
the costs, and the United States
shall be liable for costs the same
as a private person.
(c) In case of any complaint
received by the Attorney Gene
ral alleging a violation or threa-
tended violation of section 203
in a place where State or local
laws or regulations forbid the
act or practice involved, the At
torney General shall notify the
appropriate State or local offi
cials and, upon request, afford
them a reasonable time to act
under such State or local laws
or regulations before he insti
tutes an action,
(d) In the case of any com
plaint received by the Attorney
General alleging a violation or
threatened violation of section
203, the Attorney General, be
fore instituting an action, may
utilize the services of any Fede
ral, State, or local agency or
instrumentality which may be
available to attempt to secure
compliance with the' provisions
of this title by voluntary pro
cedures.
(e) Compliance with the
foregoing provisions of subsec
tion (c) shall not be required if
the Attorney General shall file
with the court a certificate that
the delay consequent upon com
pliance with such provisions in
the particular case would ad
versely affect the interests of the
United States, or that in the
particular case compliance with
such provisions would prove in
effective.
Sec. 205 (c) The d i s*
trict courts of the United States
shall have jurisdiction of pro
ceedings instituted pursuant to
this title and shall exercise the
same without regard to whether
the aggrieved party shall have
exhausted any administrative or
other remedies that may be pro
vided by law.
(b) The remedies provided
in this title shall be the exclu
sive means of enforcing the
rights hereby created, but noth
ing in this title shall preclude
any individual or any State or
local agency from asserting any
right created by any other Fede
ral or State law not inconsis
tent with this title, including
any statute or ordinance requir
ing nondiscriminations, in public
establishments or accommoda
tions, or from pursuing any re
medy, civil or criminal, which
may be available for the vindi
cation or enforcement of such
right.
(c) Proceedings for con
tempt arising under the provi
sions of this title shall be sub
ject to the provisions of section
151 of the Civil Rights Act oi
1957 (71 Stat. 638).
TITLE III
DESEGREGATION OF PUBLIC
FACILITIES
Sec. 301. (a) Whenever the
Attorney General receives a
complaint signed by an indiv-
dual to the effect that he is
being deprived of or threatened
with the, loss of his right to the
equal protection of the laws, on
account of his race, color, re
ligion, or national origin, by
being denied access to or full
and complete utilization of any
public facility which is owned,
operated, or managed by or on
behalf of any State or subdivi
sion thereof, other than a public
school or public college as de-
finded in section 401 of title IV
hereof, and the Attorney Gener
al certifies that the signer or
signers of such complaint are
unable, in his judgment, to initi
ate and maintain appropriate
legal proceedings for relief and
that the institution of an action
will materially further the pub
lic policy of the United States
favoring the orderly progress of
desegregation in public facili
ties, the Attorney General is au
thorized to institute for or in the
name of the United States a civil
action in any appropiate district
court of the United States a-
gainst such parties and for such
relief as may be appropriate, and
such court shall have and shall
exercise jurisdiction of proceed
ings instituted pursuant to this
section. The Attorney General
may implead as defendants such
additional parties as are or be
come necessary to the grant of
effective relief hereunder.
(To be continued In the May
issue of this paper)
Garrett-Parker
Drug Store
Prescriptions Filled
702 FAYETTEVHiLE ST.
Phone 682-1715
W. P. Wimberley, Phar.