March 24, 1962

Virginia ____________ _ ____ Law of 1762-69 __ __ ----------

Do _________________ · Law of 178L _ ---~- _ · ________ _

South Carolina ___ _______ Oct. 7, 17 ~9 -- ! -~---- : _______ t Neither by the constitution · nor the law were free Negroes to vote in New Hampshire, Vermont, Massachusetts, New York, New Jersey, Pennsylvania, or Tennessee. voted in New Jersey from 1776 to 1807 (see act of Nov. 16, tofree white male citizens); in New York (acts of Mar. 27, 1822); in Pennsylvania under constitution of 1776 (see "white," as descriptive of the elector, in the report of the ~838); in North Carolina (see debate on "abrogating the right vote,”’ . under constitution of 1776, in debates of the constitutional in Tennessee, from 1776 to 1834 (see "Caldwell's Constitutional nessee," p. 93, and compare the qualifications of the elector In New England, if the town meeting admitted the free could vote. Public opinion in Rhode Island refused him tion a l Convention, 1818," art. VI, sec . 2; and of Rhode 2) ; It was not an established right in law, in 1842, that a

I ask unanimous consent that this chart be inserted in the RECORD · at this point in my remarks. the American People, 1776-1850" by Francis Newton Thorpe of electors prescribed by the constitutions,

Property Taxation

____ __ Having town privil eges, Poll tax _- -------- freehold.

Freehold ________________ ----------------------- _

------- ----- ------ -------- - _______ c ____ ___ - ------- _ ____________________________ ___ : _______________________________________________ __ _______________ ______________________ ___ ______________ ________ Freehold of annual in- ------------------------ come of £3, prestate of

Freehold of £20 or pay - Taxpayer, or freeman 7 ing rent of 40s . Free- of Albany or N ew bold of £100 to vote York City.

for State senator. .

Estate of £50 ____________ ------------------------ ----------------------- -- - Taxpayer_ ____________ ------------- -- ----------- State or county tax. ___ == · ========= ======== = = === = = -state-or -c-otiiititii.X:~===

Freel;lold of 50 acres or ---------------------------------- property of £30 .

· F~i:f~£~!~~~ f'~~tv~~}~~~:;, -F!t~:~t~~~j;t~:~~r J == ==== ==== . ============== acres. i the Same as m 1778 . __ ____ _ _ , If not fr eeho lder, has

P~oper'ty ~f £10 or b~ing I __ X~~~:~~ ~ ~:~~~-s-t~~~-

- of a mechanic tr ade or I a taxpayer. · ... .. , · . . county, _________________ : ______ _ _ -- -- -------- -- --- --

Vermont in the 18th cen­ 2 Qualifications "as fixed by law"; see table below. The qualifications of electors as prescribed by law Freeholders who pay 1 single tax, besides the poll, a sum Inhabitants. £40 in realty, or 40s. per annum rent, or eldest 21 Realty-40s. per annum, or £40 in personal estate. Every mortgagor or mortgagee in possession, and every voce for senators and assemblymen; by ballot for Governor Free inhabitants having £50 property. and 12 months in the voted. · Citizen of State 2 years, paying State or county tax 6 months

21, without payment of the tax.

Free Negroes not to be electors. Free Negroes and women not to be electors; an elector a having thereon a house 12 by 12. Elector voted in the

2 counties. .

Poll tax-~ bushel wheat, or 5 pecks oats, or 2 pounds sound Elector-free white man possessing settled freehold estate, oflOs . . .

(males) denied the right in his veins could be a citizen Rhode Island, Connecticut, ization, as the law restricted There is evidence that tpey denied the right to vote in 1807, limiting the right to vote the constitution of 1834; in 1778; Apr. 11, 1815; Apr. 19, in Pennsylvania, by the debate on inserting the word allowed them the right, New constitutional convention of · never withdrew it.

of free persons of color to a In New Jersey the right convention of 1835); inhabitants-by the constitution History and of Ten­ on "abrogating the right of under the 2 constitutions). the convention of North

Negro to a _ citizen's rights, he assembled at Raleigh, June admittance (see Constitu­ amendments to the constitution, Island, 1842, art. II, sees. 1 and 1836," p. 351, et seq.). See person having African blood 393. There is no evidence

There being no objection, the statement was ordered to be printed in the

RECORD, as follows:

(Harper Bros., New York), vol. I, pp. 93-971] 17 76-1800

Religion 1 Sex Race Native or naturalized -------------------- Male ____ ------------

- -- ---------- ___ do ____________ _' __ _

------------------- ___ do. __ ________ : _ ___ Foreigner after

1 year!s

~ __________ .do . __ ___ _. ______ ~ __ residence. ___ ____ . _____________ .do. __________ ~- __ _ Do.

------------------- _ __ do ____ ----------~- ---- -- ------ _ __ do ____ -- - ---------

-------------------- Male or White or female . black.

----------------"--- Male ____ ------------ -------------------- ___ do. ___ --- ---------

= == ==== == = = = - M:aie==== -Wiiiie~====

-- -------- ___ do ____ ------------

-x~;{}it:~~~-e- -M:aie~=== ·wilite-.~=== state of rewards and punishments.

-------------------- __ _ do ___ _____ do ____ __ _ --- ~ ---- ~ : · ____ --------- · ~ -- ------ ~ ---- ·

Requirements equal to % of a single poll tax.

son of freeholder. person possessed of a freehold in right of his wife, vote viva and Lieutenant Governor. · county. Women, aliens, and free Negroes, thus qualified, before the election; sons of electors vote "on age"; i.e., at . freeman having 500 acres ofland unsettl!'Jd, or 25 acres sett ed; county in which the greater p a rt of his land - lay, if it lay iii bacon . Repealed November 1781, an(l made lOs . . .

or 100 acres unsettled, or £60 - in houses, or paying a tax of the United States; he could not become such by natural~ naturalization to white men. Free persons of color a were New Jersey, by act of assembly, in 1807; in Tennessee, by North Carolina, by constitutional amendment, in 1835; constitution of 1838. Thus, of the States that originally Hampshire, Vermont, Massachusetts, and New York was taken away from them, from aliens, and from femalesof 1776, by act of assembly, Nov. 16, 1807. See debate free persons of color to vote"; proceedings and debates of Carolina called to amend the constitution of the State, which 4; 1835, to which are subjoined the Convention Act, the together with the votes of the people ("Raleigh, also Curtis' dissenting opinion, Scott v. Sanford, 19 Howard that free persons of color voted in colonial times.

Mr. EASTLAND. Mr. President, an examination of these charts will reveal that no two States have even remotely similar or uniform requirements for suffrage. In only one category of requirements out of eight is there uniformity-all provide that the prospective voter must be 21 years of age.

The diversity of rules, regulations, and laws laid by the several States, originally and as of today, for the privilege of the franchise are possibly greater even than those governing marriage and divorce. For my part, and on the part of my State, we no more want to interfere with your voting requirements in any election than we do with your State laws governing marriage and divorce. Just to read the various qualifications anct disqualifications for voting in the 50 States is a most interesting experience. One of our Western States-Idaho-disqualifies bigamists, polygamists, prostitutes, or inmates of houses of ill fame; this State also disqualifies Chinese or persons of Mongolian descent, not born in the United States. Under "Voters' qualifications," the constitution of Minnesota has this most interesting provision:

Indians: Person of mixed white and Indian blood who has adopted the customs and habits of civilization; or

Person of Indian blood residing in State who has adopted the language, customs, and habits of civilization after an examination before any district court of the Stat. in such manner as may be provided by law and shall have been pronounced by said court capable of enjoying the rights of citizenship within the State.

Until recently the State of Texas disqualified for voting "soldiers, marines, and seamen while employed in the regular service of the Army or Navy of the United States."

Mr. President, I want it clearly understood as I go into this subject that I am not trying to pass a.ny judgments on the wisdom or justice of the laws of any State of this Union, save my own, insofar as voting qualifications are concerned. The setting of these qualifications and requirements is peculiarly within the constitutional rights and privileges of the States themselves. However, the avowed purpose of the proposed constitutional amendment is to throw stones at the State of Mississippi and other States requiring a poll tax. So, as a purely academic exercise, I am going to take this occasion to comment on the voting requirements of some of the States and put these requirements in juxtaposition with those of other States.

The so-called literacy requirement of New York State is couched in this language:

Unless he became entitled to vote prior to January 1, 1922, must, in addition to above qualifications, be able to read and write English unless prevented by physical1ncapacity.

New York probably has more U.S. citizens who read and write a language other than English than any other State in this Union. It even publishes many newspapers in foreign languages so that these citizens and aliens residing there, these non-English-speaking people, can be kept informed and conversant with the affairs of this country. Regardless of the degree of literacy of this class of New Yorkers, mastery of English is an absolute necessity to qualify to vote either in National, State, or local elections.

Louisiana is another State that has long had many fine, outstanding, highly literate, native or foreign born nonEnglish speaking citizens. Thus the literacy requirements of this State are contained in these terms:

Shall be able to read and write and, unless physically disabled, shall flU out his application for registration in writing in English, or in his mother tongue and shall sign his name. If he cannot write English, he may write it in his mother tongue from the dictation of an interpreter. If he 1s unable to sign his name, he may make his mark authenticated by the registrar who shall then read the application to him through an interpreter.

Applicant shall also be able to read any clause in the constitution of Louisiana or of the United States and give a reasonable interpretation thereof. Interpretation only, without reading, held sufficient 1f applicant otherwise qualified for registration.

Whenever an applicant for registration is unable to write his application because of inability to write English but can write only some other language and is not illiterate, he may sign his name to, or make his mark in the presence of two witnesses on an affidavit stating this. He must in such case bring with him two qualified electors of his precinct to sign written affidavits attesting the truth of the facts set out in the application and accompanying affidavit. It shall be a violation of this law for any elector to sign the affidavit to the application of more than two persons in any 2-year period. In New Mexico, literacy is not required as a condition to voting and the constitution further provides in regard to this subject that:

The right of any citizen to vote shall never be restricted, abridged or impaired on account of religion, race, language or color, inability to speak, read or write English or Spanish languages except as may be otherwise provided in the constitution; and the provisions of this section and of section 1 of this article (qualification of voters) shall never be amended except upon a vote of the people of this State at an election at which at least three-fourths of the electors voting in the whole State, and at least two-thirds of those voting in each county of the State, shall vote for such amendment.

New Mexico had a further provision in its constitution wherein it disqualified for voting "Indians not taxed." This condition was declared unconstitutional in 1948.

Next door to New Mexico, Arizona requires as a prerequisite to voting:

Unless physically disabled, must be able to read the Constitution of the United States vides: in English and to write his name.

Now, on the other side of New Mexico, Texas has no literacy requirement whatsoever. All that is required as a qualification for voting is that one be a citizen of. the United States, 21 years of age, have 1 year residence in the State and 6 months in county next preceding. Texas has another substantial difference in its v:oting requirements from those of most of the · other State~registration is not required. I want to call what I am now saying to the particular attention of my two colleagues from that great State. If this amendment is ad . adopted and applied to the 1962 elections, with the law of Texas as it now is, the people of the great State are going to be denied the right to participate in the election of Members of Congress. Let me read to Senators what the election laws of the State of Texas provide:

Poll tax: Must have paid his poll tax before February 1, before election, or if exempt from poll tax, must procure a certificate showing his exemption.

Registration: Regi!Stration is not required. The lists of citizens who have paid their poll tax serve as a registration list. The certified list for each precinct of qualified voters who have paid their poll tax shall contain the following information about each person:

1. Number.

2. Name.

3. Precinct.

Age.

5. Length of residence. 6. Occupation. 7. Race 8. Length of residence in city and ward. 9. Street and number of residence. 10. Post office address. Poll tax receipt: Each poll tax receipt shall show: 1. Name. 2. Payment of tax. Age. 4. Race. 5. Length of residence in State. 6. Citizenship, whether native or naturalized. 7. Place of birth.

8. Length of residence in county.

9. Voting precinct.

10. Occupation.

11. Post office address.

Thus, in Texas the entire method of qualification and the machinery of voting and holding an election is based squarely, solely, and alone on the payment of poll tax. Without the payment of the poll tax or exemption therefrom under Texas law, there is no way for an election official to tell who is, or who might be, qualified to vote in any election. State elections could be held as usual. But how could a State hold a national election when payment of the poll tax is the sole criteria for determining whether an individual is registered and qualified to vote? I am certain that Texas can solve this problem. But this points out how ridiculous it is to resort to a constitution~! amendment to tamper with matters that have always been within the exclusive province of the States.

California, another State which has a possible problem of U.S. citizens who cannot speak or read the English language, also has a literacy test. It proMust be able to read the Constitution in English and to write his name unless physically disabled or unless an elector or over 60 years old on October 10, 1911.

The 1950 census listed the white population of Alaska at 92',876 persons and the aboriginal stock at 33,853. The aboriginal stock is said to be composed of Aleuts, Eskimos, and Indians. I do not know what language these aborigines may speak, read, or write. But if ariy of them do vote they had to meet this literacy test:

He shall be able to read the U.S. Constitution in English and to write in the English language, unless he is prevented from complying with this requirement because of physical disability only, or unless he has legally voted at the general election of November 4, 1924.

Our last State, Hawaii, has a somewhat different literacy requirement from Alaska insofar as voting requirements are concerned. It takes into consideration the descendants from the original native stock. The State constitution of Hawaii provides:

No person shall be qualified to vote unless he is also able, except for physical disability, to speak, read and write the English or Hawaiian language.

Mr. President, this review shows how States, far removed from each other geographically, or adjacent, have varied requirements, or make literacy or language no requirement for suffrage. I yield to no one in asserting the right of the State to adopt the course of action, or the requirement, or the lack of requirement, as it chooses. But fundamentally, the small matter of whether a $2 poll tax is required as a prerequisite to voting in Mississippi pales into insignificance when one considers the differences that exist in applying varied qualifications, or lack of them, to the people of the several States involved.

As I have stated before, voting requirement laws of the 49 States other than my own are of no legitimate concern to me as a U.S. Senator, or as a resident of the State of Mississippi. I am forced to consider them because this presently proposed amendment is aimed squarely at my State and its existing laws. Not having lived in the State of New York, it is understandable that I cannot appreciate the situation or condition that requires the legislature of that State to enact laws in the form that they now appear on the statute books. As a lawyer and an individual, it is hard for me to conceive or imagine the relevancy of the questions a prospective voter is forced to answer on the mandatory registration form as related to the voter qualifications.

Outside the literacy requirement, which has been previously discussed, a voter in New York must be 21 years of age on election day, must be a U.S. citizen at least 90 days prior to the election, and must meet residence requirements of 1 year in the State, 4 months in county, city, or village, and 30 days in election district next preceding the election.

Question No. 1 on the registration form is, "Has voter previously voted at a general - election?" This- question is irrelevant for any purpose other than to trap the voter in an untruth. If he is qualified, what difference does it make whether he voted previously at a general election in New York State or not? Of course, . this does not give to those who have access to the registration books "a line on the individual"; information that might be of great value to some people at some time for purposes far removed from voter qualifications.

Question No. 2 is, "Enrollment number for party affiliation." I do not pretend to understand the reason for this question. I understand, at least as far as Senators and the high State offices are concerned, that party nominees were selected by conventions. If this is true, and one is qualified to vote, what possible relationship can party membership have to the casting of a secret ballot in a general election? Or, can an individual independent of any and all parties vote in a general election?

Question No. 3 is, "Sex." Why ask this? Does the fact that one is a male or a female have anything to do with voting or registration qualifications in New York State? Of course, this does constitute another little tidbit of valuable information for a dossier.

Mr. HOLLAND. Mr. President, will the Senator yield for a question?

Mr. · EASTLAND. I yield for a question.

Mr. HOLLAND. I note on page 475 of the printed hearings on this subject that the dates of payment of the poll tax for the various States that require a poll tax are set forth. I wish to be sure that what is stated is correct.

Mr. EASTLAND. Will the Senator ask me a question, please?

Mr. HOLLAND. In the case of Mississippi--

Mr. EASTLAND . I have yielded for a question.

Mr. HOLLAND. In the case of Mississippi, is it true that February 1 is the date by which the poll tax must be paid in order to vote in the election?

Mr. EASTLAND. That is true. And it is the sole business of the State of Mississippi and does not concern the Senator from the State of Florida. The Senator from the State of Florida would take the same position on matters which concern the Senator's State.

Mr. HOLLAND. Likewise in the same report it is stated that 2 years' residence is required in Mississippi prior to the qualification for voting. Is that correct?

Mr. EASTLAND. I do not know. It could be 2 years. I thought it was 1 year.

Mr. HOLLAND. I am very particular to have the REcORD show the fact.

Mr. EASTLAND. I do not have the code with me. I do not remember whether it is 2 years or 1 year.

Mr. HOLLAND. Will the Senator check his code, and if the compilation is incorrect, will he so state for the RECORD so that we may have exact information?

Mr. EASTLAND. I shall put in the RECORD at some time, and at some place, the voting requirements of the State of Mississippi. I shall be glad to do so. As I said, it is a subject that concerns only our State and our own people and does not concern the distinguished senior Senator from Florida. I - shall put it in the RECORD for him.

Mr. HOLLAND. I am only trying to show the facts. I ask again whether or not it is true, as stated in that compilation, which, incidentally, is published by the American Heritage Foundation--

Mr. EASTLAND. I do not know what the American Heritage Foundation is. I have yielded only for a question. If the Senator will ask me questions, I shall try to answer them.

Mr. HOLLAND. Is it true, as stated in the compilation, that the State of Mississippi does not permit absentees, other than those who are in the military service, to vote by mail?

Mr. EASTLAND. The Senator is cor- · rect. On several occasions-and let me again say that it is our own businesswe have had an absentee voters law. I remember a close race for chancery clerk which almost resulted in a killing. An election official ran a pin through the envelope in which the secret ballot was cast, and then after the election he went back, found the ballot through which the pin had been run, and discovered that one of his close relatives, a man whom he was helping financially, had voted against him. It almost caused trouble. Our legislature saw fit, because they thought there was fraud in counting election ballots, to repeal the law. But it is a matter within our sole discretion, and we have no apologies to anyone for our laws in the State of Mississippi. · Question No. 4 is "Name of political party with which voter enrolls." This question might be even considered unconstitutional were it not for the fact that the State of New York has the sole and only power to determine the qualifications of its electors in both State and National elections. But even aside from this, it is difficult to see what remote relationship the question could have to casting a vote in a general election.

Question No. 5 is "Address." This is a legitimate and necessary question.

Question No. 6 is "Name." This is most necessary and legitimate, but why should it be No. 6 instead of No. 1?

Question No. 7 is "Age." This is also necessary and legitimate.

Question No. 8 is "Marital status." Why this question? What does it have to do with voter qualifications? But this is a necessary element to fill out the dossier.

Question No. 9 is "Term of residence." This is necessary - and legitimate.

Question No. 10 is "Country of nativity.” This language is awkward, but literate, English-speaking persons should understand it. However, it is just another expression to ask the simple question, "Where were you born?" and as such it is legitimate though not necessarily necessary to establishing the voting qualifications. Not one of the questions ask, "Are you a citizen of the United .States?"

Question No. 11 is "If naturalized, how, when, and where?" This is most necessary and proper.

But question No. 12 is "Name of landlord." The address was given in No. 5. But now the question is not "Where do you live?" but "Who is your landlord?" This vital information has nothing to do with voting qualifications, but it is important information. If you own your own home you have to admit that you are your own landlord. If you rent, lease, or even live in a hotel, someone is going to have access to information and the actual name of a person who knows ment. something about the personal and private life of the voter. The dossier is filling out.

Question No. 13 is "Year when voter last registered, name of State and city or town."

Question No. 14 is "Address from which voter last registered or voted."

Question No. 15 is "Name and address of business or place of employment."

These 3 questions fill out the past and close out the present. If you would just add the fingerprints and a picture, the New York police force and the Federal Bureau of Investigation would have it completely made. A full and complete dossier on every qualified voter in the entire State of New York. I am one of those who is willing to grant to the State of New York and admit that it does have the right and power to require of its citizens any kind and character of information from them that it chooses. But why try to cover up and obtain the information circumspectly through a socalled voter registration application? Why not declare just a general registration day, or week, or month, every year or so, and require every person to register and vote.

As I have stated, questions in other States of the character of those to which I have referred do not concern the Senator from Mississippi. They are the business of those States and the people of those States alone. I do not think it is up to me to try to meddle in the affairs of another State or another area. It is contrary to our entire system of government to have national voter qualifications. If the proposal is adopted, we shall be on the high road to the nationalization of other voting qualifications.

It is said that the measure we are discussing applies only to the poll tax. I have been in the Senate a long time and I have seen things grow and expand. When the Federal Government once enters a field, it grows and expands in that field until it dominates it. When we permit the Federal Government to get into the area of voter qualificationsand other measures will be proposed-it will be said that they will do only some minor thing, and on that basis the other measures will be passed.

Mr. DWORSHAK. Mr. President, will the Senator yield for a question?

Mr. EASTLAND. I yield for a question.

Mr. DWORSHAK. The Senator has emphasized that when the Federal Government becomes interested in any project, its activity seems naturally to grow and grow, until finally it gets out of hand.

Mr. EASTLAND. Until it actually controls it.

Mr. DWORSHAK. Would the Sena­ of a quorum. tor from Mississippi apply his formula also to the national debt?

. Mr. EASTLAND. What the Senator says is correct. If we ever get Federal aid to education, we will have all education controlled by the Federal Govern­

Mr. DWORSHAK. Mr. President, will the Senator yield further?

Mr. EASTLAND. I yield for a question only. '

Mr. DWORSHAK. Does the Senator believe that in the light of the many somewhat drastic proposals being submitted by the President and his administration to extend existing programs and to establish new ones, there is any immediate prospect of curbing Federal spending and holding the national debt within reasonable limits?

Mr. EASTLAND. There is no reasonable prospect. I believe the national debt will increase gradually, and I believe that the Federal Government will gradually go into other fields, if that is what the Senator means. If that is what he means, I agree with the Senator in that respect. That is true, regardless of the party that is in power. However, let me say that I ain opposed to it. I am not going to vote to put the Federal Government in other fields. I am going to support the original concept of our dual system of government. I know that once we pass the resolution we will be back to voter qualifications, and that in future years it will be nationaliz(t­ tion, and our elections will be nationalized and controlled from Washington. I know that then all human liberties in the United States will be dead. That is why I oppose the resolution.

ExHIBIT 1 s. 3059

Be it enacted by the Senate and House of Representatives of the United States of :America in Congress assembled, That chapter 13 of title 18 of the United States Code 1s amended (a) by adding at the end thereof the following new section: "§ 245. Imposition of summary punishment and coercion of statements

"Whoever, under color of law, statute, ordinance regulation, or custom, strikes, beats, assaults, injuries, or threatens or attempts to strike, beat, assault, or injure the person of another for the purpose of inflicting summary punishment upon such other person or for the purpose of compelling such other person to make any statement shall be fined not more than $1,000 or imprisoned not more than one year, or both: Provided, That if physical injury results the punishment shall be by fine of not more than $5,000 or imprisonment for not more than five years or both, and if death results the punishment shall be by imprisonment for any term of years or for life.

"For the purposes of this section, summary punishment means any injury inflicted otherwise than in accordance with the procedures prescribed by State or Federal law or regulation."

(b) By adding at the end of the table of sections for chapter 13 of title 18 of the United States Code the following: .. 245. Imposition of summary punishment

~nd coercion of statements."

Mr. President, I suggest the absence

The PRESIDING OFFICER. The clerk will call the roll.

The legislative clerk proceeded to call the roll.

Mr. MUSKIE. Mr. President, I ask unaniDlous consent that the order for the quorum call be rescinded.

The PRESIDING OFFICER. Without objection, it is so ordered.

Mr. HILL. Mr. President, in my rather extended speech on the question of the proposal with reference to the poll tax, on Thursday last week, March 15, I spoke about the fact that in the State of Alabama all persons over 45 years of age are exempt from the payment of any poll tax; that persons who served in any war in which this country has been engaged-the Spanish-American War, World War I, World War II, and the Korean con:fiict-are exempt from the payment of any poll tax; that all members of the National Guard of Alabama when they are pn active duty or while they continue their membership in the National Guard are exempt from the payment of any poll tax.

So there are many, many persons in Alabama who are exeDlpt under our polf tax law. As to those who have to pay the very small, minimal sum of $1.50, which is the poll tax in Alabama, I call attention to an editorial by a brilliant editor of the Montgomery, Ala., Advertiser, which appeared in that newspaper on Thursday, March 22, 1962.

This editor - is Mr. Grover C. Hall, Jr., who is the son of the late Mr. Grover c. Hall, Sr. Mr. Grover C. Hall, Sr., was awarded a Pulitzer Prize for his brilliant writing and his great advocacy of justice for all people. Grover Hall, Jr., is carrying on today in the tradition of his distinguished father. The subject of Mr. Hall's editorial was the debate which is taking place in the Senate on the poll tax proposal. In his editorial Mr. Hall states:

It has been said during the debate that, of the five States still levying the poll tax, only Mississippi and Alabama employ lt as a device to discourage Negro voting.

Mississippi can speak for itself.

Certainly Mississippi has spoken for herself in a most able and eloquent way this morning, when her distinguished senior Senator [Mr. EASTLAND] addressed the Senate and made one of the ablest speeches I have heard on the subject of the poll tax.

Mr. Hall goes on to say:

But as to Alabama, this 1s . false.

The Advertiser placed a call to a Federal judge in the State. He could not remember that a case had ever arisen ln this State where a Negro challenged the poll tax as a discriminatory device, and he had no personal knowledge or information that the poll tax is so used.

A call was made to a member of the Alabama Advisory Committee of the U.S. Civil Rights Commission: Ditto.

In other words, there the answer was the same: That no Negro had charged that the poll was being used as a discriminatory device to keep him from voting. Then Editor Hall says:

A call was made to the chairman of the advisory committee. His reply: There have been no official complaints, and it 1s his personal opinion that the poll tax or $1.5'0 a year-maximum of $3 1f "the voter is delinquent-does not keep Negroes from voting. The only person who thought the poll tax does keep Negroes from the polls was Dr. Foster, president of Tuskegee · Institute. He believed that it is a psychological deterrent. He 'also thinks it is an economic deterrent, that it falls with more force on Negroes than whites because more Negroes are in lower income groups.

Mr. President, I do not know of anybody, no matter to what race he may belong, or what the color of his skin may be, who cannot pay $1.50 today, because we know that today $1.50 is a very small sum of money. Certainly there is no one who cannot pay $1.50. Under no circumstances, no matter how many years a person may be delinquent in the payment of his poll tax, the tax can never be more than the very small sum

Mr. EASTLAND. Mr. President, will the-Senator yield?

Mr. HILL. I yield for a question.

MT. !EASTLAND. Is it not true that the . state · civil rights commission would be seeidng complaints of 'this kind?

Mr. mLL. They are trying to find individuals who · have complaints of this kind.

Mr. EASTLAND. Do they not seek such complaints?

Mr. HILL. 'They seek such complaints.

Mr. EASTLAND. And they have not recei:v.ed any complaints?

Mr. HILL. According to the chairman of t1le -commission in Alabama, according to a member of the -commission in Alabama, they have not received one single, solitary complaint, although, .as the Senator from Mississippi well says, they are there not only to receive complaints; they are there to invite .complaints. They are there seeking complaints.

Mr. EASTLAND. I concur in · what the • Senator from Alabama said about Mr. Gr-over Hall. He is an able edi'tor; he is a loyal American; he is the son of · a great American. If I remember correctly, the senior Mr. Hall bitterly opposed the Ku Klux Klan in the State of Ala'bam.a and spearheaded the opposition.

Mr. mLL. He did, indeed. As I said earlier, he was -awarded a Pulitzer Prize for editorials he wrote. He was, indeed, an able editor.

The same is true, as I have 'Said earlier, of Mr. Grover Hall, Jr .-Captai~ Hall, as I call him, because he was a captain in the Air Force during World War II. He rendered outstanding service te the Air Force, operating out of Great Britain, which, as we know, was our main base for the bombing missions which did so much to bring that war to an end and made it possible for the landings · on the Normandy beaches. The Air Force do so. contributed mightily to the saving of American life and to the winning of that war. Capt. Grov-er Hall was on duty and .served with our Air Force which was based in England during World War II.

Mr. HOLLAND. Mr. President, will the Senator from Alabama yield?

Mr. HILL. I yield to the Senator from Florida for a :question.

Mr. HOLLAND. Is it not true, as set forth <m page 4'75 of the printed record of the .hearings before a subcommittee of the Committee on the Judiciary on this subject, that Alabama requires the payment of the poll tax by February 1 in order to enable a person to participate in the , elections of the following November?

Mr. HILL. -That is correct; but there is nothing unusual about that. The people of Alabama pay their taxes from October 1 to January L

In this case. the State is more accommodating and liberal. It makes the payment of the poll tax easier by granting an extra month, to February 1. There is nothing unusu~ about that. Everyone in Alabama who must pay any tax-a driver's license, a license to conduct a business--any kind of tax or license or payment of any kind which becomes due on October 1-has until January 1 to pay it. But in the case of the poll tax, the State grants even greater indulgence and gives more time by providing that the poll tax may be paid at any time up t:> February 1.

Mr. EASTLAND. Madam President, will the Senator from Alabama yield for · a question?

The PRESIDING OFFICER (Mrs. NEUBERGER i:n the chair). Does the Senator from Alabama yield to the Senator from Mississippi for a question?

Mr. HILL. I yield to the Senator from Mississippi for a question.

Mr. .EASTLAND. A few minutes ago the Senator from Florida asked the same question of the Senator from Mississippi, .concerning whether the poll tax in Mississippi had to be paid by February L The truth is that -all taxes except automobile licenses have to be paid by February 1 each ... year.

MT. HILL. The truth is that in Alabama--

Mr. HOLLAND. Madam President--

Mr. HILL. Madam President, I have the floor. 1 have not yielded to the Senator from Florida.

So far as licenses in Alabama are concerned, as the Senator from Mississippi has said, all persons have to pay their tax-es and their license fees, including their driver's license fees, from October 1 to January 1. But 'in the case of the poll tax, the time for payment is extended to February 1.

Madam President, now I yield to the Senator from Florida for a 1uestion.

Mr. HOLLAND. Madam President, I am not making the point of order now, but I did wish to warn the Senator from Alabama that he has been yielding for speeches. I request that he should not

Mr. HILL. Madam President, that is the reason why 1 did not yield to the Senator from Florida. I knew he wanted to make a speech. He did not want to --ask a question. That was the reason why I did not yield to him. I shall yield only for -a question, as provided in the rules. I ask the Chair to protect me in my rights when I -yield only for .a question.

Madam President, in the very able address which be made earlier this morning, the distinguished Senator from Mississippi [MI". E:AsTLANDl referred to a letter which came yesterd-ay to the President of the Senate-the Vice President of the United States--from the Department -of Justice, asking for the enactment of an antilynching bilL