The New York Times On this Day
Action By Senate
Revised Measure Now Goes Back to House for Concurrence
By E. W. KENWORTHY
Washington, June 19--The Senate passed the civil rights bill today by a vote of 73 - 27.
The final roll-call came at 7:40 P.M. on the 83d day of debate, nine days after closure was invoked.
Voting for the bill were 46 Democrats and 27 Republicans. Voting against it were 21 Democrats and six Republicans.
Except for Senator Robert C. Byrd of West Virginia, all the Democratic votes against the bill came from Southerners.
Senator Barry Goldwater of Arizona voted against the bill, as he said yesterday he would. The five other Republicans opposing it all support Mr. Goldwater's candidacy for the Republican Presidential nomination.
They were Bourke B. Hickenlooper of Iowa, chairman of the Senate Republican Policy Committee; Norris Cotton of New Hampshire, Edwin L. Mechem of New Mexico, Milward L. Simpson of Wyoming and a John G. Tower of Texas.
2 Pledge Acceptance
The bill will now go back to the House for concurrence in the changes that the Senate made in the measure the House passed last Feb. 10 by a vote of 290 to 130.
Tonight, Representatives Emanuel Celler, Democrat of New York, and William M. McCulloch, Republican of Ohio, who are the chairman and ranking minority member of the House Judiciary Committee, said that they would accept the Senate version of the bill.
"We believe that the House membership will take the same position," they said.
With the support of these two men, who were responsible for the House bill, acceptance of the Senate bill in the House is assured.
President Johnson hopes to have the bill on his desk by July 3 at the latest so that he can sign it on the Fourth of July.
Powers of the Bill
The bill passed by the Senate outlaws discrimination in places of public accommodation, publicly owned facilities, employment and union membership and Federally aided programs. It gives the Attorney General new powers to speed school desegregation and enforce the Negro's right to vote.
The Senate bill differs from the House measure chiefly in giving states and local communities more scope and time to deal with complaints of discrimination in hiring and public accommodations. It allows the Attorney General to initiate suits in these areas where he finds a "pattern of discrimination, but does not permit him, as did the House bill, to file suits on behalf of individuals.
After the roll-call, several thousand people gathered in the plaza before the floodlit Capitol to applaud the Senate Democratic leader, Mike Mansfield of Montana, and the Republican leader, Everett McKinley Dirksen of Illinois. Mr. Dirksen was instrumental in shaping the compromise that the Senate passed.
Burke Marshall, the Justice Department's civil rights chief, said after the bill was passed tonight that the department would move promptly to enforce the measure.
"I think there is going to be compliance with this bill," Mr. Marshall said. "That's the first thing."
"But where there is a pattern of noncompliance, we will move as expeditiously as possible in the courts."
It was a year ago today, a few weeks after the riots in Birmingham, Ala. that President Kennedy sent a draft civil rights bill to Congress. He concluded his message with these words:
"I ask you to look into your hearts--not in search of charity, for the Negro neither wants nor needs condescension--but for the one plain, proud and priceless quality that united us all as Americans: A sense of justice.
"In this year of the emancipation centennial, justice requires us to insure the blessings of liberty for all Americans and their posterity--not merely for reasons of economic efficiency, world diplomacy and domestic tranquility--but, above all, because it is right."
Tonight the first sign that a vote on the bill was imminent came about 7 o' clock when Senator Mansfield rose and paid tribute to Senator Dirksen, who framed the substitute bill.
"This is his finest hour," Mr. Mansfield said. "The Senate and the whole country are in debt to the Senator from Illinois."
Mr. Mansfield then paid tribute to the "great service" rendered by Senator Hubert H. Humphrey of Minnesota, the Democratic floor manager of the bill, and Senator Thomas H. Kuchel of California, the Republican floor manager.
'No Sense of Triumph'
Mr. Mansfield said that there was "no room for unwarranted sentiments of victory," and that there should be "no sense of triumph but a profound humility" upon the part of those who had labored and voted for the bill.
Then Mr. Dirksen got up, thanked Mr. Mansfield for his "patience and tolerance" and then went into what will probably be remembered as one of the finest speeches of his career.
The Illinois Republican proceeded to answer Mr. Goldwater's implied rebuke of yesterday when the Arizonan called the rights measure an "unconstitutional" bill.
Mr. Dirksen recalled that on June 5 last year the Republican Conference of the Senate urged the Administration to produce a program to guarantee the rights and privileges of all citizens.
He then addressed himself to Mr. Goldwater's argument that the sections of the bill dealing with public accommodations and employment were an unwarranted extension of the commerce clause of the Constitution.
Social Legislation Cited
Mr. Dirksen tolled a long list of social and economic legislation that had been similarly called unconstitutional when first proposed.
"Today they are accepted," he said, "because they were a forward thrust in the whole effort of mankind." [To read the entire article, go to: http://www.nytimes.com/learning/general/onthisday/big/0619.html#article ]
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