![handle is hein.leghis/lhicril0005 and id is 1 raw text is: CONGRESSIONAL RECORD - SENATE
Appendix of the REcoRD. I am most
grateful for the Senator's welcome.
Mr. KUCHEL. I am delighted to see
the Senator from West Virginia.
Mr. RANDOLPH. I thank the able
senior Senator from California.
Mr. TOWER. Mr. President, I am
very glad that our good friend from West
Virginia has returned to the Chamber.
We welcome him. We are glad to ob-
serve that he seems to be in robust
health.
Mr. RANDOLPH. The Senator from
Texas is thoughtful, d I appreciate his
remarks.
Mr. HILL. Mr. Iresident, the dis-
tinguished Senator from Texas [Mr.
TowER] and I serve on the Committee
on Labor and Publi Welfare with the
distinguished Senatr from West Vir-
ginia. During his iecent absence, we
missed him greatly. We deeply sympa-
thize with the or al he had to go
through; and we a delighted to have
him back with us. All of us know full
well of the very fine work he does in our
committee; and all Of us know full well,
too, of his exceedin ly fine work in the
Senate itself.
We salute him, nd are extremely
happy to have him ack with us.
Mr. RANDOLPH. I thank the Sena-
tor from Alabama. cherish our friend-
ship of many years, extending back into
the 1930's when w were colleagues in
the House of Rep sentatives. It is a
privilege to serve o the Labor and Pub-
lic Welfare Commi e under his com-
petent leadership.
Mr. BAYH. Mr. President, will the
Senator from West irginia yield briefly
to me?
Mr. RANDOLPH. I yield.
Mr. BAYH. Mr. resident, I wish to
second the remarks f the Senators who
have paid their re ects to the distin-
guished Senator fr West Virginia.
As a relatively j or Member of the
Senate, I wish to st e that I have always
regarded the Sena r from West -
ginia as one of th pillars of the Se -
ate; and I have bee very happy to serv
with him on the mmittee on Public
Works.
All of us have se him our prayers.
Now that you ar back with us, S t-
ator RANDOLPH, we are more than nle-
lighted; and we t t that you wilV now
be able to return to e harness.
Mr. RANDOLP Mr. President, I
appreciate the re rks of the Senator
from Indiana, and thank my friends
and colleagues, all. Their remarks have
been expressed in uch too generous
terms.
Mr. President, I h to comment on
what the Senator rom Indiana [Mr.
BAYHI has said abo t prayer. We know
the skill of the sur n's hands. There
are other powers hat are very real.
Strength comes a person through
prayer, and hope, d faith. I know
this through d tim of testing.
I recall some written by Ella
Wheeler Wilcox:
Say you are well, or is well with you;
And God shall hear our words and make
them true.
Mr. HILL. r. President, will the
Senator from est Virginia yield again,
briefly, to me? i
Mr. RAND(PH. I yield.
Mr. HILL. Concerning what the dis-
tinguished S ator from West Virginia
has said, I y say that my father was
a physician nd a surgeon for 50-odd
years. He p rformed many surgical op-
erations. He always said he could do
only 10 peroent, and that the good Lord
did the other 90 percent.
Mr. RANPOLPH. I thank my friend
the Senator from Alabama. I am re-
minded alsp of the lines by John G. Whit-
tier whichivere quoted to me by our be-
loved Chaplain, Dr. Frederick Brown
Harris, as follows:
The healing of His seamless dress
Is by bur beds of pain;
We toubh Him in life's throng and press,
And *e are whole again.
Mr. Prsident, 1 week ago today I en-
tered the Chamber for the first time since
my hospItalization. It is a genuine priv-
ilege to return again today. I antici-
pate inceasingly frequent attendance.
PRDER OF BUSINESS
Mr. LIWER. Mr. President-
The 1PRESIDING OFFICER. The
Senato from Texas.
Mr. OWER. I should like to address
myself gain today to the equal employ-
ment pportunity section of the civil
rights ill. First, I wish to propound
a par mentary inquiry.
Th PRESIDING OFFICER. The
Sena r will state it.
Mr TOWER. Are Senators at this
mom t bound by the germaneness rule?
Th PRESIDING OFFICER. That is
correct.
CIVIL RIGHTS ACT OF 1963
The Senate resumed the considera-
tion of the bill (H.R. 7152) to enforce
the tconstitutional right to vote, to con-
fe jurisdiction upon the district courts
Op the United States to provide injune-
\ ve relief against discrimination in pub-
li accommodations, to authorize the
At ney General to institute suits to
protect constitutional rights in public
facilities and public education, to extend
the Commission on Civil Rights, to pre-
vent discrimination in -ederally assisted
programs, to establish a Commission on
Equal Employment Opportunity, and for
other purposes.
Mr. TOWER. Mr. President, for the
benefit of Senators who would probably
like to know when the next quorum call
will be, in all probability my remarks will
take up until about the hour of 2:15, at
which time I am reasonably sure there
will be a live quorum call.
Again addressing myself to title VII,
the equal employment opportunity sec-
tion of the civil rights bill, on which
there was extensive discussion on Mon-
day last, title VII will attempt to impose
upon private employers, who are also pri-
vate citizens, an unprecedented legal
obligation by defining a so-called right
in other individual citizens, purporting
to free them from discrimination by em-
ployers in the field of private employ-
ment.
Nowhere in the Constitution is there
to be found authority giving Congress,
by Federal law, the right to control pri-
vate employment practices to the extent
of declaring specifically who an employ-
er may employ in his, the employer's,
business. We must not forget that the
employer is himself a private citizen with
constitutional rights; he should not be
deprived of those rights simply because
he is an employer.
Some of those who expressed support
of this civil rights package prior to read-
ing through it carefully were surprised
to find under the equal employment op-
portunities section, that there is no
necessity whatsoever that the employ-
ment have something to do with the Fed-
eral Government.
This title makes it unlawful for any-
one covered by the act to deny so-called
equal employment to anybody. Equal
employment is defined as all inclusive,
covering hiring, all work rules and ac-
tivities, recruitment, training, and par-
ticipation in labor unions.
More than 40 million Americans would
be covered under this radical law, as
would every business engaged in inter-
state commerce, all labor unions, all Fed-
eral contractors, and private contractors
in every field in which the Federal Gov-
ernment is active.
I have, in the past, voted against dis-
crimination in Federal programs, and I
believe that it is morally wrong to dis-
criminate in employment. But I am op-
posed to this portion of the administra-
tion's civil rights bill because, in its
eagerness to protect one civil liberty, the
proposal casts aside other fundamental
and well-established civil liberties of at
least equal importance.
This fair employment practices bill
proposes the destruction of the liberties
guaranteed to Americans under at least
six of the amendments in our Bill of
Rights.
The amendments of the Constitution
which the bill appears to violate are the
1st, 5th, 9th, 10th, and 13th. They arg
as follows:
The first, by abridging freedom of
speech, religion, and association.
The fifth, by denying freedom of asso-
ciation; denying liberty of contract;
denying equal protection under the
laws-would operate to guarantee favors
to some groups.
The ninth, by proposing that Congress
usurp liberties retained by the people.
The 10th, by proposing Federal as-
sumption of a power reserved to the
States.
The 13th, by imposing a form of in-
voluntary servitude upon certain groups
of employers.
This FEPC proposal vests massive en-
forcement powers in a Federal Adminis-
trator-a nonjudicial officer-and even
allows him vast investigative powers.
I have several serious objections to this
proposal which, in the name of civil
rights, seeks to appallingly expand the
control of the Federal Government over
citizens and businesses.
1964
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