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For a study such as that proposed by the President, the
authority to hold public hearings, to subpoena witnesses, to
take testimony under oath and to request necessary data from
executive departments and agencies is obviously essential. No
agency in the Executive Branch of Government has the legal
authority to exercise such powers in a study of matters relating
to civil rights.
II. Civil Rights Division in the Department of Justice.
In 1939 the present Civil Rights Section was created
in the Criminal Division of the Department of Justice. Its
function and purpose has been to direct, supervise and conduct
criminal prosecutions of violations of the federal constitution
and laws guaranteeing civil rights to individuals. As long as
its activities were confined to the enforcement of criminal laws
it was logical that it should be a section of the Criminal
Division.
Recently, however, the Justice Department has been
obliged to engage in activity in the civil rights field which is
non-criminal in character. An example is the recent participation
of the Department, as amicus curiae, in a civil suit to prevent
by injunction unlawful interference with the efforts of the
school board at Hoxie, Arkansas, to eliminate racial discrim-
ination in the school in conformity with the Supreme Court's
a
decision. The non-criminal activity of the Department in the
g 3
civil rights field is constantly increasing in importance as
- 4 -
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"ocrText": "For a study such as that proposed by the President, the\nauthority to hold public hearings, to subpoena witnesses, to\ntake testimony under oath and to request necessary data from\nexecutive departments and agencies is obviously essential. No\nagency in the Executive Branch of Government has the legal\nauthority to exercise such powers in a study of matters relating\nto civil rights.\nII. Civil Rights Division in the Department of Justice.\nIn 1939 the present Civil Rights Section was created\nin the Criminal Division of the Department of Justice. Its\nfunction and purpose has been to direct, supervise and conduct\ncriminal prosecutions of violations of the federal constitution\nand laws guaranteeing civil rights to individuals. As long as\nits activities were confined to the enforcement of criminal laws\nit was logical that it should be a section of the Criminal\nDivision.\nRecently, however, the Justice Department has been\nobliged to engage in activity in the civil rights field which is\nnon-criminal in character. An example is the recent participation\nof the Department, as amicus curiae, in a civil suit to prevent\nby injunction unlawful interference with the efforts of the\nschool board at Hoxie, Arkansas, to eliminate racial discrim-\nination in the school in conformity with the Supreme Court's\na\ndecision. The non-criminal activity of the Department in the\ng 3\ncivil rights field is constantly increasing in importance as\n- 4 -"
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