To designate the birthday f Martin Luther King. Junior, a legal public holiday.

IN THE SENATE OF TIE UNITED STATES

JANUARY 15, 1979

Mr. BAYH (for himself, Mr. KENN DY Mr. GLENN Mr. DOLE, and Mr. PERCY) introduced the following bill; which as read twice and referred to t'e Committee on the Judiciary

AUGUST 1 (legislative day. JUNE 21), 1979

Repo ted by Mr. Kennedy, with an amendment

[Strike out all after the eracting clause and insert the part printed in italic]

A BILL

To designate the birthday of Martin Luther King. Junior, a legal public holiday.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That subsection (a) of section 6103 of title 5, United States

4 Code, is amended by inserting immediately below

1 the following:

2

3

"January 15, the birthday of Martin Luther King,

Janior.".

4 That subsection (a) of section 6103 of title 5, United States

5 Code, is amended by inserting immediately below

ADDITIONAL PREPARED STATEMENTS

PREPARED STATEMENT OF SENATOR BOB DOLE

It is a pleasure to participate in hearings on the proposal to designate the birthday of Martin Luther King a public holiday. I would like to welcome our distinguished guests. I am especially pleased to see Mrs. Coretta King here today. Dr. King was a remarkable American, a man of vision whose dream of equality and brotherhood moved an entire generation. His efforts to eliminate prejudice and hatred in America continue to inspire millions of Americans.

Despite the obstacles and hatred Dr. King encountered, he stuck to his belief in nonviolence. In his struggle for brotherhood and opportunity, Dr. King held true to his philosophy of love and tolerance. He showed us that lasting social change can be achieved through peaceful protest. He reminded us that, as Americans, we must be constantly vigilant in preserving our constitutional heritage of freedom. Dr. King's dream was not simply one of racial harmony. His vision was primarily American. He goals were those of our founding fathers of establishing for all Americans the equal right to "Life, Liberty, and the Pursuit of Happiness." Because of Martin Luther King's unique contributions to American life, I believe it is fitting that we honor him by designating his birthday a national holiday. It is an honor to cosponsor this bill.

Support for a Martin Luther King national holiday continues to grow throughout the country; 13 States and a number of major cities already have designated Dr. King's birthday a time of special observance. In the 95th Congress, over 100 Members of the House of Representatives cosponsored this bill. Work has renewed in the 96th Congress. I hope that a year from Now, January 15 will be delebrated in the memory of Dr. King and his vision.

PREPARED STATEMENT OF CONGRESSMAN CHARLES B. RANGEL

Dr. Martin Luther King, Jr. was a unique human being, a pillar of personal strength and foresigut.

He was not only a civil rights leader of Black America but a universal leader of human rights for all oppressed people, regardless of race, color, creed, sex, religion or national origin. Mr. King transformed the Nation and gave new definition and meaning to equality. He will forever stand as an example to all Americans.

We as American need to reflect upon, and rededicate ourselves to the ideas that he lived and for which he gave his life. The work he began, which was abruptly halted by his untimely death, has not been completed. Our Nation and especially our young need to be replenished with the sense of hope and responsibility to improve the lot of all Americans. The ideals that Dr. King stood for have to be continually fought for and not merely remembered.

I would like to take this opportunity to join with my colleagues in supporting the passage of H.R. 15, introduced by Rep. John Conyers, proclaiming Jan. 15th a National Holiday in tribute to the life and inspiration of the late great Dr. Martin Luther King, Jr. I encourage my colleagues to join in supporting this historic resolution.

PREPARED STATEMENT OF CONGRESSMAN WYCHE FOWLER, JR.

I am pleased to have an opportunity to make a statement in support of S. 25, a bill to establish a national holiday to commemorate the birth of Dr. Martin Luther King, Jr.

Dr. King's record in helping secure civil rights for all Americans is well known. He served as the primary catalyst and most eloquent spokesman for the civil rights movement, beginning with the successful bus boycott in Montgomery, Alabama. Dr. King went on to establish the Southern Christian Leadership Conference. As leader of the SCLC, Dr. King continued to fight the attitudes and policies of racial discrimination while insisting that the struggle could be won through peaceful demonstration and civil disobedience.

Dr. Martin Luther King, Jr. received well-deserved worldwide acclaim during his lifetime. In 1964, he was awarded the Nobel Peace Prize that has gone only to a handful of other Americans. A Baptist minister, who was also the son and grandson of Baptist ministers, Dr. King preached a social activism deeply rooted in the principles of Christian charity. Throughout his long struggle for equality for all

people, Dr. King practiced his belief in non-violence even in the face of those violently opposed to his work.

We should commemorate Dr. King's birthday because he helped our nation take important and long overdue steps toward racial equality. His courage, vision and achievements will not be forgotten. I urge the committee to take this opportunity to honor the memory of a great Georgian and a great American, Dr. Martin Luther King, Jr.

PREPARED STATEMENT OF CONGRESSMAN JOHN M. ASHBROOK

Mr. Chairman, I appreciate your giving me the opportunity to submit testimony today on legislation which will establish a legal, national holiday in commemoration of the late Rev. Martin Luther King, Jr. My feelings about the late Rev. King are pretty well known here in Washington. Needless to say, I strongly oppose this legislation. I realize that it is not popular and certainly not politically advantageous to speak in opposition to a man who has been canonized by the news media and many of those people who profess to advocate civil rights.

The common misconception is that if one speaks ill of Rev. King, he or she opposes civil rights for all. That is pure nonsense and I think that the members of this committee are well aware of that. The Constitution of the United States. guarantees to all men the rights which Rev. King claimed to espouse. When citizens of the United States are denied the rights guaranteed to them by the Constitution, legal action can and should be taken. I do not argue with that. Unfortunately, Rev. King's motives were and are misrepresented. He sought not to work through the law but around it, with contempt and violence. How soon we forget. When will politicians learn to accept history as it really happened instead of history as told by the Washington Post?

At any rate, the issue before us today is twofold. One, does the Congress of the United States intend to support the fictional assessment of Dr. King by honoring him with a national holiday, a holiday which will take the taxpayers for a ride to the tune of millions and millions of dollars? Two, should our children and our grandchildren and their grandchildren be misled into believing that Martin Luther King, Jr. was one of the great men of all time? Should they speak of Rev. King with the same reverence that they will of George Washington and AbrahamLincoln, two great Americans who share a national holiday? I think not.

I was one of those Members of Congress who spoke out in the sixties when the media was honoring Rev. King for his so-called civil rights advocacy. At that time many of my colleagues publicly shared my opinion. It wasn't difficult to think that way then because we could see him in action. We could easily take notice of his anti-American rhetoric and his penchant for violence. It is not so easy now.

My statements regarding Rev. King are a matter of public record. I see no need torepeat them now. I just want the members of this committee to know that I am one Member of Congress who cannot pass up the opportunity to defend the American taxpayer who suffers on a daily basis as a result of irresponsible legislation which emanates from Washington. The Congress will have ample opportunity to enact more bad legislation. I am confident of that. Often, my voice is a lonely one in that regard. The Congress wins and the taxpayers lose and I want the members of this committee and the Members of the Congress of the United States to think about the fact that they are presently considering legislation which will deprive their constituents of their tax dollars, legislation which will honor from here to kingdom come a man who shared few of the basic principles we as Americans hold dear. I want the members of the Committee to give it a little thought.

Mr. Chairman, again thank you for allowing me to testify. I will not support this legislation and urge that it be defeated.

PREPARED STAtement of the National Conference of BLACK MAYORS, INC.

The National Conference of Black Mayors, Inc. (NCBM) is honored to add its name to the distinguished list of persons and organizations endorsing the proposed national observance of the birthday of Dr. Martin Luther King, Jr. No American in this century is more deserving of that special honor than Dr. King. In his life Dr. King reached the highest level of human achievement in a life made short by murder. Dr. King's contributions to the social uplift and betterment of mankind, especially black Americans marked him for his greatness. He

is a prophet of place, humanitarian and civil rights leader. . . born in the South in an era when social injustice and second-class citizenship was not just a practice but a law. He challenged a system of injustice that was committed to keeping black Americans in a segregated and economically inferior condition. He assumed leadership of a human movement for social justice and equal opportunity when the majority of white Americans, particularly, in the South, was content to keep the system at status quo.

In the Niagara of annual tributes to Dr. King nationally, he is thought of as a prophet of his time. He was sent to expound the doctrine of nonviolence and forgiveness in the third quarter of the twentieth century-reason enough to have a prominent place in America's historical observations.

To believe in a cause and die for it is more than an exemplary reason why his birth should be remembered. Dr. King believed that unless a man dies for something he is not fit to live. By resurrecting that truth and flinging it into the teeth of our fears, by saying it repeatedly and by living it, Dr. King taught us, all of us, black men and white men, Jews and Gentiles, not only how to die, but also, and more importantly, how to live.

As one writer said, "a tree is measured best when it is down," so it was in April of 1968, during the Easter season, when the tall young tree fell in the U.S. of America-men vied with each other in describing its size.

He is said to be one of the first citizens of the world; an outstanding leader of the century; a friend to both blacks and whites.

To date, no black contributors appear vital enough that one day of observance could be set aside as a national holiday, which proves the fact that blacks will remain third class citizens in this country. A young black American died symbolizing love, hope and the denial of charity is still denied a day of recognition. This also proves that though a decade has passed the virus of hate has not been removed from the veins of our nation and will inevitably lead to our moral and spiritual doom.

This country's adoption of Dr. King's birthday as a national holiday would make a point of focus and definition; and would enlarge the sense of “humanity to man" in our country.

King was more than a symbol. His influence, running on before him, made him a presence in the land, a pervasive and prevailing social force. He was the leader not only of millions of blacks but also of hundreds of thousands of whites. Whenever race is spoken of, even today, Dr. King's name is also spoken. It was in relation to him or in opposition to him that men defined themselves and their racial postures.

Dr. King's emotional and intellectual involvement were genuine and devoid of adornment. It was conspicuous that he was searching for a solution to a problem he knew to be a major shortcoming in America's life. As an indication of Dr. King's strength and worthiness, he was selected as "Man of the Year" by Time magazine. No other Negro, except Haile Salassie, had been so honored since the institution of the category in 1927. Time said Dr. King was selected "as a man-but also as the representative of his people, for whom 1963 was perhaps the most important year in their history."

Dr. King made 1963 the year of his outcry for equality, of massive demonstrations, of sit-ins and speeches, of soul searching in the suburbs and psalm singing in jails. Dr. King, as a result, became to millions, black and white, in the South and North, the symbol of resolution. When receiving the "Man of the Year" award, he said that he considered the honor as "not a personal tribute, but a tribute to the whole freedom movement and the people who participated and continue to participate."

Another honor, more unprecedented, was Dr. King's nomination by eight members of Swedish Parliament as a candidate for the 1964 Nobel Peace Prize. The Swedish said that Dr. King was nominated because he had succeeded in keeping his followers to the principle of nonviolence.

One of Dr. King's philosophies was that he came "not to bring peace, but a sword," a "Sword that heals" to be sure but nevertheless a sword. He tried to tell his audiences that the love of which he spoke is a love that has never been sung and seldom honored. He was a great speaker, and indeed a great man behind the speech. Dr. King's greatness as a public speaker and as a public man grew out of the resolved tensions of the inner man. There seemed to have been a quiet strength, a troubled calmness that pull people to him, that bound them to his words and deeds. Men and women vied with each other in describing this elusive quality. They described it as his inner contentment, ego security, naturalness.