Enforcement and Administration: Good-Faith Defense EDITORS' NOTE: Congressman Celler (D., N. Y.) introduced an amendment clarifying the provision that states that good-faith failure to publish and file required information in reliance upon EEOC instructions is a valid defense. The change was adopted by voice vote and incorporated in the final bill. Enforcement and Administration: Individual Enforcement-Appointment of Attorneys EDITORS' NOTE: An amendment prohibiting the courts from assigning attorneys to complainants in employment discrimination cases was introduced by Senator Thurmond (D., S.C.). It was rejected in a roll-call vote, 26 to 67. Senate 6-17-64 p. 14196 Mr. THURMOND. Mr. President, I call up my amendment No. 1022 and ask that it be stated. The PRESIDING OFFICER. The amendment of the Senator from South Carolina will be stated. The LEGISLATIVE CLERK. On page 53, beginning on line 17, it is proposed to delete down through the period on line 21. Mr. THURMOND. Mr. President, I ask for the yeas and nays on the amendment. The yeas.nd nays were ordered. Mr TICKMOND. Mr. President, I yield myself 4 seconds. The PRESIDING OFFICER. The Senator from South Carolina is recognized for 45 seconds. Mr. THURMOND. Mr. President, it is one of the functions of the Government to provide machinery by which disputes between private parties may be justly adjudicated. It is not the function of the Government to finance the adjudication of private disputes and controversies of citizens engaged in civil actions. This amendment would, therefore, delete from section 706(b) of title VII of the substitute the proposed authority of the Court to appoint an attorney for a complainant in suits alleging denial of equal employment opportunities. The PRESIDING OFFICER. The question is on agreeing to the amendment of the Senator from South Carolina. On this question the yeas and nays have been ordered, and the clerk will call the roll. The legislative clerk called the roll. Mr. HUMPHREY. I announce that the Senator from North Carolina [Mr. ERVIN], the Senator from Virginia [Mr. ROBERTSON], the Senator from Mississippi [Mr. STENNIS], and the Senator from Ohio [Mr. YOUNG] are absent on official business. I also announce that the Senator from California [Mr. ENGLE] is absent because of illness. I further announce that, if present and voting, the Senator from North Carolina [Mr ERVIN would vote "yea." On this vote, the Senator from Mississippi [Mr. STENNIS] is paired with the Senator from California [Mr. ENGLE]. If present and voting, the Senator from Mississippi would vote "yea" and the Senator from California would vote “nay.” On this vote, the Senator from Virginia [Mr. ROBERTSON is paired with the Senator from Ohio [Mr. YOUNG]. If present and voting, the Senator from Virginia would vote "yea" and the Senator from Ohio would vote "nay." Mr. KUCHEL. I announce that the Senator from Arizona [Mr. GOLDWATER] and the Senator from New York [Mr. JAVITS] are detained on official business. If present and voting, the Senator from New York [Mr. JAVITS] would vote “nay.” The result was announced-yeas 26, nays 67, as follows: EDITORS' NOTE: Senator Ervin (D., N.C.) introduced an amendment providing that a court couldn't appoint an attorney to represent a complainant in private litigation under Title VII or Title II without the consent of the attorney. The amendment was defeated by a roll-call vote, 26 to 71. Senate 6-17-64 p. 14201 ~~MF. ERVIN. Mr. President, I call up my amendments Nos. 876 and 894, and ask unanimous consent that the amendments be printed at this point in the RECORD, that the reading of the amendments be omitted, and that the Senate vote upon the amendments en bloc. The PRESIDING OFFICER. Is there objection? The Chair hears none, and it is so ordered. Mr. ERVIN's amendment No. 876 is as follows: On page 53, line 19, immediately after the word "complaint", insert the words "with the consent of such attorney". Mr. ERVIN's amendment No. 894 is as follows: On page 10, line 10, immediately after tho word "complainant", insert the words "with the consent of such attorney". Mr. ERVIN. Mr. President, titles II and VII of the bill provide that the court may appoint attorneys to represent complainants in private suits under those titles. My amendments would merely specify that the judge could not appoint an attorney to represent a complaining party in private litigation under those two titles without the consent of such attorney. Mr. President, I ask for the yeas and nays. The yeas and nays were ordered. The PRESIDING OFFICER. The question is on agreeing to the amendments of the Senator from North Carolina (Nos. 876 and 894). On this question the yeas and nays have been ordered, and the clerk will call the roll. The Chief Clerk called the roll. Mr. HUMPHREY. I announce that the Senator from Virginia [Mr. ROBERTSON] and the Senator from Ohio [Mr. YOUNG], are absent on official business. I also announce that the Senator from California [Mr. ENGLE] is absent because of illness. On this vote, the Senator from Virginia [Mr. ROBERTSON] is paired with the Senator from Ohio [Mr. YOUNG]. I present and voting, the Senator from Virginia would vote "yea," and the Senator from Ohio would vote "nay." |