CONSCIENTIOUS OBJECTORS' BENEFITS WEDNESDAY, FEBRUARY 17, 1943 UNITED STATES SENATE, COMMITTEE ON MILITARY AFFAIRS, Washington, D. C. EXECUTIVE SESSION The committee met, pursuant to call, at 10:30 a. m., in the committee room, Capitol Building, Senator Robert R. Reynolds (chairman), presiding. Present: Senators Reynolds (chairman), Hill, Wallgren, O'Mahoney, Austin, Gurney, Revercomb, and Wilson. Also present: Maj. Gen. Lewis B. Hershey; Lt. Col. F. V. Keesling, Jr., Lt. Col. F. A. McLean, Lt. Col. W. D. Partlow, Jr., and Mr. A. S. Imirie. Also present: Senator Elmer Thomas (Oklahoma). The CHAIRMAN. Gentlemen, the committee will come to order. We have up for consideration today two bills, S. 315 and S. 675, which I will ask the reporter to insert in the record at this point. (S. 315 and S. 675 are as follows:) [S. 315, 78th Cong., 1st Sess.] A BILL To amend section 5 of the Selective Training and Service Act of 1940, as amended, by striking out subsection (g) thereof relating to exemption from combatant service of conscientious objectors Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 5 of the Selective Training and Service Act of 1940, as amended, is amended by striking out subsection (g) thereof. [S. 675, 78th Cong., 1st Sess.] A BILL To amend the Selective Training and Service Act of 1940, as amended, so as to extend the benefits of the Employees' Compensation Act to conscientious objectors Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subdivision (g) of section 5 of the Selective Training and Service Act of 1940 be, and it is hereby, amended by changing the final period to a colon and adding thereto the following provisos: "Provided, That conscientious objectors assigned to work of national importance under civilian direction pursuant to this Act and rules and regulations prescribed hereunder, and their beneficiaries, shall be entitled, under the provisions of the Act of February 15, 1934 (48 Stat. 351), as amended, to compensation for disability or death to the same extent and under the same conditions as is provided in said Act for employees: Provided further, That for the purpose of computing compensation for disability or death under said Act, every such person shall be regarded as having received a monthly pay of $42: And provided further, That no right to benefits, other than medical, surgical, hospital, and other similar benefits to cure or relieve disability, shall accrue to any such person until his release from his assignment to such work." The CHAIRMAN. Gentlemen, we have the honor of having with us this morning, in addition to the representatives of the Army, Senator Elmer Thomas of Oklahoma, who is the author of Senate bill 315. The gentlemen of the Army have very courteously agreed to let us hear Senator Thomas first, although several of them are in a hurry to get to other meetings, but Senator Thomas advises me that there are several of his committees meeting this morning, that he wants to attend, so he will take a very limited time. I might add that Senate 315 has been submitted to the various departments for comment, but we have received no answers to any of our inquiries, so far. Senator Thomas. STATEMENT OF HON. ELMER THOMAS, UNITED STATES SENATOR FROM THE STATE OF OKLAHOMA Senator THOMAS. Mr. Chairman and gentlemen of the committee, recently I received a communication from the officials of the American Legion of my State of Oklahoma. This communication is in the form of a resolution, and I will read the paragraph I want to call to the attention of the committee: Be it further resolved, and we petition, That the national legislative committee of the American Legion petition the Congress of the United States of America, for a change in the Selective Service Act, so as to eliminate the classification of "conscientious objectors," and amend the law so as to provide that all men subject to the draft shall do service in the armed forces of the United States. I will file this entire memorandum for the record, with the chairman's permission. It was sent to me by W. F. Rogers, Jr., department commander, and also by Milt Phillips, department adjutant. Upon receipt of this communication, I requested the Senate drafting department for a bill to seek the effectuation of the resolution. I received the draft from the service, introduced it into the Senate and it has been referred to this committee. It is known now as Senate 315. The bill is very short, reading as follows: That section 5 of the Selective Training and Service Act of 1940, as amended, is amended by striking out subsection (g) thereof. I sent a copy of the bill, as introduced, to the American Legion of Oklahoma, and I have a reply, in the nature of an approval of the act, and inasmuch as it is very short and it will complete the record I want to make, I will read it. The letter is addressed to me and signed by Milt Phillips, department adjutant: This acknowledges yours of December 21, and also yours of the same date addressed to Commander W. F. Rogers, concerning the amendment to the Selective Service Act's provision dealing with conscientious objectors. The proposal to entirely eliminate subsection (g) will do the job. As I understand it, from checking the Selective Service Act, the striking of subsection (g) will eliminate any reference or any legislation affecting conscientious objectors, and they would therefore be subject to selective service in the same manner and under the same provisions as any other citizen. This is exactly what we want, and I trust you will be successful in securing this amendment. Please advise us when you introduce this and give us its number so that we may inform the Legionnaires of this department through our publication. Mr. Chairman and gentlemen, that is the record I desire to make. It is very simple and states the purpose of the bill, and I believe I will leave it for such consideration as this committee may see fit to give it, and I hope you will give it your full attention. Thank you very much, gentlemen. The CHAIRMAN. You are quite welcome, Senator. We are very glad to have had you with us this morning. We will, in due time, give that consideration. Now, gentlemen, I have some twenty-odd letters here in reference to this bill, Senate 315, which the reporter will copy into the record. (The letters referred to are as follows:) Senator ROBERT REYNOLDS, WEBSTER GROVES, Mo., February 12, 1943. Chairman, Military Affairs Committee, Washington, D. C. DEAR SENATOR REYNOLDS: We would like to register our opposition to S. 315, recently referred to your committee by the Senate. The passing of this bill, which would eliminate all provisions for conscientious objectors from the Selective Training and Service Act of 1940, would mark a backward step in regard to the democratic processes and freedoms which are given as our goals in the present conflict. We hope that this bill will not be favorably reported out of your committee. Senator REYNOLDS, Washington, D. C. HELEN W. LEWIS. SHERMAN OAKS, CALIF., February 10, 1943. DEAR SIR: I wish to voice my opposition to Senator Thomas' bill, S. 315. If the conscientious objector is not recognized, we are no longer a democracy and have no right to say we are fighting for freedom of conscience. I also wish to protest the efforts being made to take the administration of the Japanese centers out of the hands of the War Relocation Authority. They are doing a fine job and are better able to handle this situation than the Army. Sincerely, Mrs. GILDEBLOOM. Senator ROBERT REYNOLDS, Washington, D. C. NEW HAVEN, CONN., February 7, 1943. DEAR SENATOR: The Senate Military Affairs Committee has before it a bill (S. 315) which would eliminate from the Selective Service Act all provisions for conscientious objectors. We hope that the constitutional guarantee of "free exercise" of religion will not be violated by this Nation in its fight for the "four freedoms." We would like to suggest that it seems unlikely that a bill of this sort can contribute anything to the war effort, quite aside from the constitutional question which it raises. Brigadier General Hershey has said that the Army is better off without the men who claim conscientious objector status. Prison officials who have had to deal with these men, it has been reported, have found them an unfamiliar problem, because of the great differences between them and the ordinary criminal, and perhaps also because of the disturbingly high evaluation which is placed upon democratic processes and procedures by many of these men. In the light of these matters it is not clear what contribution to the welfare of this country will be made by the passage of this bill. Sincerely yours, Dr. and Mrs. V. E. SMITH, Honorable Senator REYNOLDS, Washington, D. C. EVANSTON, ILL., February 8, 1943. DEAR SIR: There are a multitude of people here and elsewhere who are unalterably opposed to bill S. 315 by Senator Thomas of Oklahoma against conscientious objectors. Please do all you can to defeat it. It is a God-given privilege to serve Him as Jesus came to teach us and show the way by a living example. Do not fight against God. Sincerely and respectfully, F. A. LACY. Hon. ROBERT REYNOLDS, Washington, D. C. PITTSBURGH, PA., February 8, 1943. DEAR SIR: As chairman of Military Affairs Committee in Senate, you are aware of the bill introduced by Senator Thomas which would delete Selective Service Act of clause which provides for conscientious objectors. This is surprising to say the least, that such a bill be introduced. There have always been conscientious objectors, and their number have grown with each war. Could it be fear that the conscientious objectors will be so numerous in coming wars that they will prove to be a real obstacle to conducting wars? But, of course, it couldn't be such a fear because we are going to have an enduring peace after this war. We hope to have a better world after this war. Indeed that is why we are fighting this war. Such conscienceless men as Hitler and his ilk must be forever silenced. Can we build a good world wherein conscience is limited? How about freedom? Everyone wants to deal with people who are conscientious. Just the other day my neighbor spoke of her maid who was so conscientious that the neighbor could leave maid at home to do work while the neighbor went out. A patient wants a conscientious doctor. Yes, even a conscientious soldier, is desirable. How would a nation know it had religious freedom if it were not proved by the conscientious objector who claims and earns the right to be a conscientious objector from his government? If the United States were to deny the right to be a conscientious objector to its citizens, it would thereby deny its very claim to be a democracy. I feel sure there will be many protests against removing conscientious-objector clause from selective service and these protests will come from prowar people who are in dead earnest, that this war our Nation is fighting is to liberate the people who have conscience. Thanking you very kindly for permitting me to have taken up your time by reading this letter, I am Sincerely yours, Mrs. CHARLES REIGH. Senator ROBERT REYNOLDS, UNIVERSITY HEIGHTS, OHIO, February 6, 1943. Chairman, Military Affairs Committee, Washington, D. C. DEAR SENATOR REYNOLDS: I was grieved to learn that two such thoroughly undemocratic measures are before our Congress. The one (S. 315) dropping provisions for conscientious objectors, and the other to turn back evacuee camps to the Army. How can we expect people of dominated Europe to have faith in our brand of democracy when we treat our own citizens with such flagrant denial of their constitutional rights? If those bills are passed, no minority can feel certain of justice in our land. I urge you to do all in your power to prevent their passage. Sincerely yours, EVE COMEGYS. |