BIGOTRY AND BIAS IN THE SOVIET UNION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP66B00403R000200190028-8
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 16, 2016
• Document Release Date: January 4, 2005
• Sequence Number: 28
• Publication Date: April 17, 1964
• Content Type: OPEN

Approved For`Release 2005/01/27 : CIA-RDP66B00403UP00200190028-8
1964 CONGRESSIONAL RECORD - SENATE 7981
Sixth. The responsible Negro leader- slogan of the opponents of the bill that criminal statutes (18 U.S.C. 241, 242, and the
ship has fully recognized the role which the existing criminal statute is sufficient use of 242 together with 18 U.S.C. 371) to
combat racial
such demonstrations can play, and they to protect the constitutional rights of discrimination in voting, edu-
cation, and public accommodations and facil-
have also recognized the great danger Negroes, is a hollow sham. The report ities. This issue was, of course, thoroughly
to public order and to the civil rights which I received from the Department of considered and debated at the time of the
cause that is presented by violence or by Justiceillustrates just-how meaningless, enactment of the Civil Rights Act of 1957.
demonstrations which constitute civil and inappropriate, criminal remedies (see S R3 before e Subcommittee
disobedience. The disavowal by the ma- have proved to be in this field, Constitutional p. 3 ff.). The objections
relying solely 1957, p
7 on criminal Sanctions re-
jor civil rights groups of the projected First. The Federal responsibility Committee,
main World's Fair "stall in" is a prime ex- should be to bring about the enjoyment the same.
ample of this wise policy. of civil rights rather than to punish for The purpose of Federal civil rights legisla-
Mr. President, I ask unanimous Con- the denial of such rights. It is of far tion is affirmative rather than negative; ame-
' sent to have printed at this point in the greater importance to the individual not liorative rather than punitive.
RECORD an editorial entitled "Negro to be denied the right to vote, the right When a person's right to vote is illegally
Statesmanship," from today's New York to equal access to public accommoda- denied ghe suffers irreparable injury it
restored-as
Times. tions and public facilities, the right to this is promptly
of the 19 it can
7 act.
There being no objection, the editorial equal opportunity for education, and be by the Injunctive process
section of the ess pending the 1l simply
was ordered to be printed in the RECORD, right to employment without racial dis- amends that act by defining specific malprac-
as follows: crimination, than is the punishment of tires of registrars which are covered by the
NEGao STATESMANSHIP those who have denied those rights. For legislation. Thus, there is no reason to argue
By issuing a statement repudiating the the very reason that criminal penalties that a criminal statute should or would take
threatened stall-in on the roadways around are inappropriate to securing civil rights, the place of this simple amendment of a
the World's Fair, leaders of the six major the civil injunctive remedies which are civil sanction.
provided for in the bill are uniquely ap- Just as criminal penalties in voting right
Negro theirzstaete organizations have once again demon- deprivations are inadequate, so would they
strafed their tsmanship. tam a ate, because the wrong is Ricer- be in cases involving other rights-the right
The tone of their statement was reasonable tainble and can be prevented in ad- to desegregated education and free access to
and thoughtful. The stall-in, they pointed Vance. If the wrong is not prevented public accommodations and facilities. More-
out "Is an tha, h ero the essentially orevoiarine needs and ma- in advance, the damage is often irrepar- over, it is fairer to the public officials and
that mfsomf proponents, and mo- able, as in the case of the denial of the private defendants who are charged with civil
needs s of t the but Negro not pro- the right to vote. Once the election is over, rights .violations to use the less harsh yet
broad f interests s and needs oe its
t
ple nor their normally broad program of the damage can never be repaired. more meaningful civil procedures.
It would be particularly incongruous to
effective social protest." Second. In addition, the serious pen- c6nsider the criminal statutes effective rem-
The statement disarms those Senators who alties involved in criminal statutes Car- edits against refusals to effect school effective rem-
The
wavered on civil rights. It supports ry with them a very heavy burden of gation in the Southern States. Nearly 1,900
those Senators who have carried the standard proof, requiring a showing of more than school districts have taken no action toward
perfectly effwective the Pr the Pre Federal ent own And statement that violence would serve
the of the state of mind of the accused. It criminal rather than civil remedies be em-
cause of equal equual al rights. . Americans not of serve goodwill must be proved under section 242 of title ployed would hardly wish to be heard to ar-
ia and out of Congress can surely find 18 of the United States Code-the exist- gue that criminal prosecutions be brought
strength in the Negro leadership's statement ing criminal statute on civil rights-that against the school officials responsible for
and in the President's remark that "we are this failure to accord constitutional rights.
dill to pass the civil rights bill because it is the denial of the constitutional right Yet this is what the logic of their position
g g was "willful." The Supreme Court in would seem to dictate. Moreover, fines and
morally right." the Screws case reversed a conviction imprisonment for thousands of school offi-
Mr. JA'tIITS. Mr. President, I come to for police brutality on the ground that cials would scarcely upon the doors of equal
my seventh point. Many such Negro this meant that there must be proved an educational opportunity to the 3 million Ne-
leaders, including those representing intent not only to do the acts charged, gro children who still attend segregated
every one of the major organizations in but also to deprive the individual of a schools.
The Department's experience with the use
this field, who attended yesterday's constitutional right by means of the act of 18 V.S.C. 241 and 242 points up the dif-
luncheon in Washington, recognize a charged. This was a case in which a ficulty of obtaining indictments and convic-
,further self-limitation upon the utility of prisoner was killed-no light matter. tions in civil rights cases. This is due in con-
the demonstration technique. I believe On the retrial of this case, with this siderable part to the reluctance of grand
this is also a wise policy. Many of these much more difficult standard of proof juries to indict and petit juries to convict.
leaders would restrict demonstrations to imposed, there was an acquittal, instead It may be due also in part to the very heavy
a specific grievance, rather than extend of the conviction which was obtained burden imposed by 18 U.S.C. 242 to show wil-
them to generalized discontent, which on the first trial. The result has been fulness. See Screws v. United States, 325
U.S. 91; United States v. Classic, 313 V.S. 299.
seeks no specific remedy. that the criminal remedy in civil rights U Since 1958, when the Civil Rights Division
In that respect, I point out that the cases has been almost wholly ineffective. was established, approximately 116 criminal
most real case to the Negroes involved Relatively few prosecutions have been prosecutions have been filed, most of them
their demonstrations at the lunch coun- successful. And while no lawyer would involving police brutality under 18 U.S.C. 242.
ters in stores in the South. They were argue that acquittal would imply any in a few cases the conspiracy statute, 18
very specialized demonstrations for a impropriety, there is no question about U.S.C. 241, was invoked, or the general con-
very specialized purpose. The march on the fact that the criminal statute has spiracy statute, 18 U.S.C. 371, was used in
Washington had a specialized been the effective means in giving conjunction with 18 U.S.C. 242. Grand juries
attention o purpose, in 61 of these cases. In
that of drawing the attention of the Na- the kind of relief to which the aggrieved refused addition, to three indict cases under section 242 were
tion to the urgent need for a civil rights citizen is entitled in such situations. brought to trial by way of information. As
bill. Mr. President, I ask unanimous con- of April 1964, 16 convictions had been ob-
The law can hope to reach only specific sent that a letter addressed to me under tained.
grievances. The utility of demonstra- date of April 14, from the Department of It is clear that the effectiveness of 18 U.S.C.
tions will have been lost if there is no Justice, giving the figures on the total 241 and 242 even in police brutality cases These
statutes
wou focus on the problems which the law can number of prosecutions may be printed Is ss eriou ly eimited, useful in the areas cut cer be less attempt to solve. at this point in the RECORD.. ered by the pending civil rights bill.
CRIMINAL STATUTES ON CIVIL RIGHTS There being no objection, the letter Sincerely,
I have discussed with the distinguished , was ordered to be printed in the RECORD, BURKE MARSHALL,
Senator from North Carolina [Mr. as follows: Assistant Attorney General
ERViN] the applicability of the criminal DEPARTMENT OF JUSTICE, Civil Rights Division.
es Washington, D.C., April 14, 1964. Mr. JAVITS. This issue was thor-
ivil to Hon. JACOB K. JAvITS,
civil rights. now on the books in respect I have obtained some facts U.S. Senate, oughly debated in connection with the
and figures from the Department of Washington, D.C. Civil Rights Acts of 1957 and 1960. Con-
Justice on this subject. DEAR SENATOR JAVrrs: You have request- gress agreed-in the voting section which
It seems clear that the oft-repeated ed my views on the adequacy of existing was then enacted-that a civil injunc-
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7982 CONGRESSIONAL RECORD -SENATE
tive remedy, rather than criminal pen-
alty. Is the only effective remedy. I be-
lieve that determined the matter, so far
as we in Congress are concerned, in the
right way.
So the question of demonstrations, in-
stead of being a confused one, Is a very
clear-cut one. There is a difference be-
tween demonstrations which are re-
pressed, but which are perfectly legal
demonstrations, and demonstrations
which involve civil disobedience, as in
the case of the proi'icted stall-in at the
World's Fair. Demonstrations of this
kind are ineffective and are not of any
help to us in reaching a solution to civil
rights problems.
In all this debate, and all the discus-
sion with our colleagues from the South,
one thing which has constantly impressed
me is their absolute unwillingness to
admit for a moment that anything Is
really wrong, or tha; anything needs to
be corrected. This is a sharp difference
from our attitude in the North, where
there is strong public opinion on the side
of correcting these situations, and where
much has been dor, a to correct them.
We are more than willing to admit our
errors, and seek to correct them by the
passage of laws which would apply across
the board.
I deeply feel that until such time as
the scales are removed from the eyes
of those who will nct see what is going
on in the country, we shall have this
very deep schism w"arch is reflected in
Congress by the fact that there Is an
effort, which is almos-; traditional, to keep
the Senate from voting upon this very
urgently needed legislation.
. I feel that the only way in which we
an get that issue before the country,
rid obtain the reaction of the country
p what is really at stake, is in this pains-
sking, careful, case-by-case, day-by-
8.y, issue-by-issue analysis of the points
lade by the other site.
GOTRY AND BIAS IN THE SOVIET
UNION
Kr. JAVITS. M:?. President, the
tlal of religious, cultural, and other
}ts of Jews in the 3oviet Union by the
Rnlin and the publication of the libel-
:book by T. Kichko by the Ukrainian
5emy of Sciences, continues to bring
t protests from American organiza-
j. Earlier protests from many parts
le world led to a Soviet disavowal of
kichko book and its anti-Semitic
.types, but the repressive acts
Jews have not been halted, and
sued protests are essential.
unanimous consent to print in
RD the resolution adopted by the
's League for Israel on April 14,
the statement denouncing the
c book issued by the Supreme
Ian Liberation: Council in New
lty, April 8.
being no objection, the resolu-
d statement were ordered to be
in the RECORi', as follows:
ui there Is religious and cultural dis-
on against Jews In the Soviet Un-
this discrimination denies to So-
e right to hold religious school
orate holidays according to their
ancient tradition, or to communicate with
their counterparts In other countries: and
Whereas the United Nations charter re-
aiSrms faith In "fundamental human rights,
in the dignity and worth of the human per-
son": Now, therefore, be it
Resolved, That we of the Women's League
for Israel. a bled at our 38th anniversary
luncheon, April 14, 1964, Hilton Hotel, New
York City, protest the denial of these basic
religious rights to the Jews of the Soviet
Union:
Resolved, That we urge the President of
the United States and the Secretary General
of the United Nations to protest to the Soviet
Union the violation of these fundamental
human rights embodied In the United Na-
tions charter;
Resolved, That we urge Senator J. WnI.IAM
FULBRIOHT, chairman of the Senate Foreign
Relations Committee, to hold hearings on the
Senate resolution sponsored by 63 Senators
to condemn religious persecution behind the
Iron Curtain.
DECLARATION OF THE FOa#ICN REPRESENTATION
OF TIRE SUPREME UKaAINIAN LIBERATION
COUNCIL IN THE MATrEa Or THE PUBLICA-
TION OP THE BOOK BY TROFIM KICHKO
"JUDAISM WITHOUT EMBELLISHMENT"
In connection with the appearance of the
anti-Semitic book by Trofim Klchko "Juda-
ism Without Embellishment" published by
the Academy of Sciences Ukrainian SSR In
Kiev, the Foreign Representation of the Su-
preme Ukrainian Liberation Council de-
clares:
1. The book by T. Klchko could come out
In Ukraine only by directive of the Central
Committee of the Communist Party of the
Soviet Union or its subordinate units, since
the Party is fully in control of all publica-
tions In the Soviet Union. All other anti-
religious literature In the U.S.S.R. is also
published on orders of the central commit-
tee.
2. "Judaism Without Embelishment" is a
provocative libel directed against Jews in
general, against the Jewish population of
the Soviet Union. and the 840.000 Jews living
in Ukraine. It tramples their religious and
national feelings and is replete with slander-
ous statements against them. The Ukrain-
ian people, who are also fighting for their
Independence, political and religious freedom
and respect for human dignity, are opposed
to all and any preaching of hatred of other
people. Therefore, T. Klchko's book should
be vehemently condemned by every Ukrain-
ian living in Ukraine and elsewhere.
3. The publication of the book "Judaism
Without Embellishment" whose author is a
person with a. Ukrainian-sounding name,
and sponsored by the Academy of Sciences
of the Ukrainian S.S.R., is considered by us
to be a deliberate anti-Ukrainian provoca-
tion conducted on orders of Moscow and by
the Irresponsible individuals in Kiev. The
purpose of this provocation is to spread dis-
cord between the Ukrainian people and the
Jewish minority In Ukraine by preaching
and strengthening anti-Semitism. and creat-
ing obstacles in the way of building of
friendly relations between the Ukrainian and
Jews. The aim of this provocation is to
brand once again ton Ukrainianpeople with
anti-Semitism before the whole world, and
simultaneously conceal the actual organizers
of anti-Semitic attacks who are hiding in
the Kremlin. Finally, making the Academy
of Sciences In Kiev a party to this anti-
Jewish activity, compromises it as an Insti-
tution of learning, both in the eyes of the
Ukrainian people, as well as foreigners.
4. The modern Ukrainian liberation move-
ment has always been founded on principles
of friendship, cooperation, and a common
effort of the nations enslaved by totalitarian
communism. Proclaiming the national In-
dependence of Ukraine on January 22, 1918,
the Ukrainian National Republic simul-
April 17
taneously passed a law on the national au-
tonomy of the Russian. Polish, and Jewish
minority and established appropriate min-
istries for minority affairs. When, in the
subsequent chaos of revolution, hostile and
irresponsible elements began to inflame hos-
tility among the nationalities in Ukraine
and brought about pogroms of Jews, the
Government of the Ukrainian National Re-
public censured them and undertook meas-
ures against their repetition. During World
War 11 the Ukrainian liberation movement
and in particular the Ukrainian Insurgent
Army, which conducted warfare against the
German and Soviet invaders, consistently
preached the Idea of friendship and coopera-
tion between the Ukrainian people and the
minorities in Ukraine.
The Supreme Ukrainian Liberation Coun-
cll declared and defended the need of friend-
ship of the Ukrainian people with the minor-
ities In Ukraine, and equality of all citizens
regardless of race, nationality, or religion.
This was done in its declarations of prin-
ciples, and particularly in the Platform and
Universal Declaration of July 1944. The
Foreign Representation of the Supreme
Ukrainian Liberation Council conducts its
activities in accordance with these prin-
ciples.
5. Condemning T. Kiehko's book "Judaism
Without Embellishment," and all similar
books, the Foreign Representation of the
Supreme Ukrainian Liberation Council calls
upon Ukrainians in their homeland and in
the free world to oppose all such provoca-
tions which not only Inflict great harm upon
the Ukrainian people and the minorities in
Ukraine, but also Impede the work of
Ukrainians abroad on behalf of the cause of
liberation.
The Foreign Representation of the Su-
preme Ukrainian Liberation Council calls
upon Ukrainians In Ukraine and abroad to
reject as a crime all anti-Semitism and all
propaganda of hatred toward Ukraine's mi-
norities, to work for the establishment of
good relations among all the minorities of
Ukraine, by asking them to cooperate In the
struggle for Ukrainian Independence, and
against the Moscow Communist oppressors
and their hirelings in Ukraine.
Mr. STENNIS. Mr. President, I ask
unanimous consent that I may now yield
to the Senator from Illinois (Mr. DIRx-
saNl without losing the floor, and with-
out my subsequent remarks counting as
a second speech on the pending matter.
The PRESIDING OFFICER. Without
objection, it is so ordered.
GOLD AND THE U.S. DOLLAR
Mr. DIRKSEN_ Mr. President, on
March 10, 1964, I inserted an address
in the body of the RECORD on the gold
problem by Mr. Harry R. Scharlach of
Watseka, Ill.
Since that time Mr. Scharlach has had
this speech reviewed by a number of ex-
perts In the monetary field and on the
basis of their suggestions it has been
revised in the interest of complete ac-
curacy. I ask unanimous consent, there-
fore, to insert the revised copy as a part
of my remarks in the body of the RECORD.
There being no objection, the address
was ordered to be printed in the RECORD,
as follows:
GOLD AND THE U.B. DOLLAR
(By Harry It. Scharlach. CLU, Watseka, Ill.)
Gold was one of the first metals to attract
the attention of man. And, of Course, it also
attracted the attention of women. Gold has
always been highly valued for Its brilliance
and beauty. It won't ever rust or tarnish.
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