MARTIN LUTHER KING, JR., TUESDAY, MARCH 27, 1979 U.S. SENATE, COMMITTEE ON THE JUDICIARY, COMMITTEE ON POST OFFICE AND CIVIL SERVICE, Washington, D.C. The subcommittee met, pursuant to recess, at 10 a.m. in room 2228, Dirksen Senate Office Building, Hon. Edward M. Kennedy (chairman of the Senate Judiciary Committee) presiding. Present: Senators Kennedy, Bayh, Baucus, Heflin, and Thurmond; Congressmen Garcia, Courter, and Pashayan. Also present: David Boies, chief counsel and staff director; Peter Parham, counsel; Fred Williams, counsel to Senator Bayh; Mary Stanstel, counsel to Senator Heflin; Pete Velde, minority chief counsel; Mike Ferrell, counsel to Congressman Garcia; and George Omas, counsel to Congressman Courter. OPENING STATEMENT OF SENATOR KENNEDY Senator KENNEDY. Today the Senate Committee on the Judiciary, in conjunction with the House Subcommittee on Census and Population, chaired by Congressman Garcia, will hear testimony on S. 25, the legislation which designates January 15, the birthday of Dr. Martin Luther King, as a Federal holiday. This legislation honors Dr. King not only for the strength of his leadership and the courage of his commitment to human rights, but also for his unique contribution to the fundamental principle that all people are created equal. As chairman of this committee, I am proud to join with 24 of my colleagues in the Senate who have cosponsored the legislation introduced by Senator Bayh, our distinguished friend and colleague and leader in this effort in the U.S. Senate. An identical bill, H.R. 15, has been introduced in the House of Representatives by Congressman John Conyers with the cosponsorship of 118 House Members. In every session of Congress since 1968, similar legislation has been introduced. President Carter has given his strong support of this goal, and I hope that this will be the year in which the legislation is at last enacted. This year is also significant because it is the 50th anniversary of the birth of Martin Luther King, Jr. It is often said that an individual can make a difference. But the lives of few Americans in our history so clearly demonstrate the validity of that basic truth. Because he lived, millions of Americans were freed from the chains of segregation and discrimination. Because he dreamed, millions more found hope that their own dreams of a better life could be achieved. In Atlanta in 1968, Dr. King called himself a "drum major for justice," a "drum major for righteousness," and a "drum major for peace." The image was an accurate one, because he was a leader of great marches. He took his message to Selma, to Montgomery, to Birmingham, to the Lincoln Memorial, and to Memphis. Above all, he was an apostle of nonviolence. He taught the Nation that change could be achieved without resort to violence, that the promise of America could be redeemed by peaceful means. In Dr. King's last address, the day before his death, he said that he been "to the mountaintop." He spoke of his vision that true equality for all people in America could be achieved. In honoring Dr. King, we bring that vision a little closer to fullfillment. By establishing a national holiday to commemorate his name, we create a greater national awareness of his life and a greater national commitment to the achievement of his dream. I welcome these hearings, and I look forward to the enactment of this important legislation. I hope Congressman Garcia will make a statement and ask the House Members for whatever inclusions they would so like. OPENING STATEMENT OF CONGRESSMAN GARCIA Representative GARCIA. As chairman of the House Census and Population Subcommittee, which has the jurisdiction over national holidays and celebrations, I am pleased to be here. The legislation before us today would set aside January 15 of each year as a Federal holiday, to commemorate the life and work of the late Dr. Martin Luther King, Jr. It is a fitting and long overdue tribute to an individual who dedicated his life to the cause of civil rights in this country and whose determination and perseverance exemplified the greatest qualities of this country's heritage. In communities throughout the country, there is a growing appreciation and recognition of Dr. King's contributions. In communities like mine, however, where the vast majority of the population is either black or Hispanic, Dr. King is admired as a man who possessed a vision as well as the courage to champion the battles for equal treatment in jobs, housing, and educational opportunities. In short, he dared not only to dream about these things, but to pursue these goals with a single-minded purpose. I was not fortunate enough to have met Dr. King during his lifetime. Nevertheless, I feel a special attachment to him and his mission in life. Like many others, I attended several rallies where Dr. King spoke. Like those in attendance, I was inspired by his sincerity and dedication to improving the quality of life for many Americans because I, too, am a minister's son who firmly believes that those deeds which we accomplish while we are here on Earth not only will be repaid in heaven, but will also benefit those who follow behind us. Dr. King left behind a legacy of hopes and dreams, for our generation and those to follow. Although only 11 years since his death, we have not yet fully realized his dream, nor completely eliminated the persistent problems of poverty, unemployment, inferior housing. The Nation is moving, however slowly, to overcome these problems. In 1968, the late Governor Rockefeller asked me to accompany him to Atlanta as a member of the New York State delegation attending the services for Dr. King. As thousands of his followers marched through Atlanta streets hand in hand singing "We Shall Overcome," I personally was moved tremendously by the outpouring of love and affection from so many diverse people for this man. I am convinced now as I was that day in 1968 that the spirit of Dr. King lives on and the commitment to pursue his goals grows stronger with the passage of time. I am hopeful that with the combined support of the administration and Congress, that this be set aside each year in memory of Dr. King and in appreciation for his contribution to this country and to mankind. Senator KENNEDY. Senator Thurmond. Senator THURMOND. Thank you, Mr. Chairman. OPENING STATEMENT OF SENATOR THURMOND Senator THURMOND. It is easy to understand the interests of those who advocate so eloquently the establishment of a legal public holiday on the birthday of Martin Luther King, Jr. After all, he was a man of our own times who fervently advocated the causes he espoused, and whose compatriots and personal admirers are very much a part of American life today. While there are quite obviously many people in this country who revere his memory from their own personal knowledge or recollection of his life, it is precisely that point which argues so forcefully against our establishment of such a holiday. No American should be singled out during his own lifetime or in the contemporary years following his death for an official holiday of national recognition. It remains for the test of history, during succeeding generations, to determine the scope and lasting nature of a person's greatness as a national figure, with near-unanimous recognition of that person's enduring eminence. Only then can an objective decision be made on holidays for national heroes. Yet even with universal recognition by succeeding generations of a person's true contribution to America's greatness, the designation of an official holiday should be exceedingly rare. As all of you know, there have been only two people throughout all of America's history who have been honored with national holidays: Christopher Columbus and George Washington. Both represent the very origins of this hemisphere as we know it and this Nation as it has come to be. No one else in our history-not Thomas Jefferson, not Benjamin Franklin, not Booker T. Washington, not George Washington Carver, not Abraham Lincoln, not Dwight Eisenhower, not John Kennedy, to name a fewhas ever been honored with a national holiday. On those rare occasions when consideration of such holidays for specific individuals may arise, I believe it should be well past the time when the movements undertaken by those individuals have been completed and made a part of history. I feel sure that Dr. King, if he were here today, would find that his drive for social change, although highly effective, still has other avenues to travel. Indeed, the very existence of the Martin Luther King, Jr. Center for Social Change indicates that his work goes on, as well it might. However, it serves to show quite clearly that a national holiday in his honor would be an act stemming from strong concurrent feelings, not the objective review of history. Mr. Chairman, I realize that several States and communities across the Nation already recognize the birthday of Martin Luther King, Jr., as a holiday and I find no problem with that situation. The establishment of legal public holidays, except in rare instances, should be the primary prerogative of the States. In fact, the birthday of Dr. King is an optional holiday now in my home State of South Carolina. There is one last consideration which we must not overlook. The Civil Service Commission has estimated that an additional Federal holiday will cost the taxpayers about $195 million in direct expenditures for nonwork compensation of Federal employees. Additionally, there would be many more millions of dollars in the cost of renegotiated contract services and economic losses. In short, Mr. Chairman, there are five basic reasons which refute the proposals for this day of national honor for Martin Luther King, Jr. One: Public holidays should be the primary responsibility of the States. Two: On the national level, only two people from the earliest days of our history have been so honored, Christopher Columbus and George Washington. Three: Although a dynamic and charismatic personage of our time, Martin Luther King, Jr.'s place in history has not been established, nor will it be so established until reviewed by future generations. Four: The cost of another Federal holiday. Five: Designate a Martin Luther King, Jr., Day, but not as a legal public holiday. For these reasons, which would apply to any proposal for a new national observance, I oppose the bill to create a Martin Luther King, Jr., Federal holiday. Thank you, Mr. Chairman. Senator KENNEDY. Thank you very much. OPENING STATEMENT OF CONGRESSMAN COURTER Mr. COURTER. Thank you very much, Mr. Garcia, Mr. Chairman. I sit here this afternoon, this morning, rather unique in that, No. 1, I don't have a prepared statement, and No. 2, I probably fall someplace in between the statements of the two fine Senators. I am not here as an advocate against this piece of legislation, nor at this particular juncture am I here as an advocate favoring the legislation. I suppose it is a refreshing win for those of you who come here thinking that all Congressmen and all Senators have always made up their minds before the hearings actually take place. I am here to listen to the witnesses, to find out what they have to say. I come here with an open mind. Based on the testimony and reading the testimony that I have not heard when we have had hearings in prior years, I will be voting and voting in an informed way. I would like to footnote what I said by stating that as I was growing up, the name of Dr. Martin Luther King was all over, one of the great names of my generation; truly outstanding American. It is a pleasure for me to be here. Senator KENNEDY. We will ask our fellow member of the Senate Judiciary Committee, Senator Bayh, who is the principal sponsor of the legislation, to make what comments that he would like. OPENING STATEMENT OF SENATOR BAYH Senator BAYH. Mr. Chairman, if you have no objection, I would like to ask Fred Williams, who has been my right-hand not only on this but other matters, to sit with me. The kind of problems that I think underlie the very strong feeling I have that the time has come that Dr. Martin Luther King, Jr., would be recognized. But more than that, Mr. Chairman, all he stood for and the people who feel the great deeds of him, should also be recognized. If I might, since it has been my good fortune to introduce this legislation, with you and almost a quarter of the Senate, just spend about 5 minutes going over some thoughts that I incorporated as to why I think it is important and then to take another 5 minutes, if I might, to deal with some of the concerns that have been expressed. I don't want to belabor the committee because I consider it a privilege to testify before our own Judiciary Committee on behalf of Resolution 25. As you know, a quarter of the Members of the Senate have introduced this on the 1st day of the 95th Congress, because it is quite appropriate that that legislation designed to make January 15, the birthday of Martin Luther King, a national holiday, be introduced in the Senate on the date of his birth, the anniversary of his 50th birthday. Further, it seems to me almost fitting that the chairman of the committee would initiate these hearings in the month of February which, as we all know, is the month designated as Black History Month. Mr. Chairman, we have the support of a quarter of the Senate; bipartisan support, and I am pleased to announce that our President also supports this legislation. Making Dr. King's birthday a national holiday seems to me to be the very least we can do to show our great debt of gratitude for the lesson he taught all Americans willing to listen and learn. He taught us that our democratic principles were seriously impaired if they did not apply equally to all Americans. He reminded us that the values of freedom; equality and liberty could not justly be denied to any group of Americans lest we all lose a degree of the same values. He reminded us of our history: of George Washington, Thomas Jefferson, Abraham Lincoln, Harriet Tubman, Sojourner Truth, Frederick Douglass, Franklin Roosevelt, Harry Truman, John F. Kennedy, Lyndon Johnson, and of the sacrifices they made to liberty and freedom. From the darkness of a Birmingham jail, this great black American taught us a lesson in justice. He taught us that laws and justice were sometimes at odds and did not necessarily complement each other. Furthermore, he always accepted with pride, dignity and courage; the consequences of his acts. Dr. King demonstrated that justice is a creation of God while laws are manmade, and the latter being subject to the errors of man, are inferior to justice. As a result of his work, many bad laws were drastically changed so that justice might prevail. |