STATEMENT OF HON. GEORGE G. SADOWSKI, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF MICHIGAN, IN SUPPORT OF H. R. 4453, FOR THE ESTABLISHMENT OF A PERMANENT FEPC

More than 5 years ago I urged upon this body the establishment of a national FEPC on a permanent basis, through the enactment of the Scanlon bill, H. R. 3886, which was before us at that time. I rise today to urge the passage of a similar proposal, H. R. 4453, introduced by the distinguished Member from New York, Mr. Powell. The need for the enactment of this legislation was urgent 5 years ago; it seems to me in the light of events that have occurred since that date, its enactment is even more urgent now than it was then. Let me review briefly some of the significant developments during these recent years.

The Committee on Fair Employment Practices was set up within the Office of Production Management by Executive Order 9346, issued by President Roosevelt on June 25, 1941. The organizational history of this committee was complicated by many changes, but its purpose remained the same throughout, namely, to promote the fullest utilization of manpower in the war effort by the elimination of discriminatory employment practices which might interfere with such full utilization. This agency functioned throughout the war period until, in 1945, the Congress discontinued its appropriation. Request was made by the President that such a body be established by law on a permanent basis, but no action was taken on this proposal.

During this interval some significant developments have occurred in the States. Legislation prohibiting discrimination in particular phases of employment has been enacted with greater and greater frequency during the past 50 years. Now more than half of the States prohibit such a discrimination in the civil service, while many also prohibit it in labor organizations, publicworks projects, and in other areas. It remained, however, for the State of New York to pioneer in the enactment of a statute sufficiently broad to cover all phases of discrimination in relation to employment, whether on account of race, creed, color, or national origin. This measure was enacted by the New York Legislature in 1945, and was signed by the Governor. Numerous measures of similar character have been introduced in the legislatures of other States, and several such laws have been adopted, namely, in New Jersey, Indiana, and Wisconsin in 1945, in Massachusetts in 1946, and in Connecticut in 1947. In this year, 1949, it is reported that such enactments have already been adopted in New Mexico, Oregon, and Washington.

It is thus apparent that progress in this field is being made, but it is halting and uncertain. If we continue to rely exclusively upon action by the States, one may assume that it will be at least a generation before there is anything approaching complete coverage of this type of legislation in the several States. We cannot afford to wait that long, or nearly that long. The need is immediate and it is urgent. The report of the President's Committee on Civil Rights, published last year, dealt with the problem of discrimination in employment practices and requested the enactment of a Federal Fair Employment Practices Act prohibiting, as does H. R. 4453, all forms of discrimination in private employment based upon race, color, creed, or national origin. Even though there are now, as we have noted, a number of State laws, and even though additional ones may be adopted from time to time in the future, it is necessary that there be a Federal act to reach activities carried on in the field of interstate commerce, many of which would certainly escape the application of laws in the individual States. This distinguished Commission appointed by the President indicated very clearly the extent of dscriminatory practices now prevailing and the seriousness of their consequences to the economic life of the Nation and to the social well-being of a large and significant segment of our population.

During the war we adopted antidiscriminatory practices largely as a matter of necessity. Members of the Negro race and of other minority groups served in the armed forces with ability and distinction, risking their lives, and sacrificing them if need be, in the service of their country. Thousands more served here on the home front with sincere devotion to the cause for which we fought. We have an obligation now to those who served so ably not to deny them, now that the war is won, the benefits of a democratic society for which we all worked and for which many of them gave their lives.

In addition, it seems to me that we have to enact legislation of this character if we are to keep faith with ourselves and with those peoples throughout the world who look upon the United States for an example in the practice of democratic principles. We have protested long and loud our belief in these principles.

If we are sincere in our devotion to them, we can no longer refuse to give the members of our minority groups the employment security which this measure would provide and which in the absence of such legislation, the members of these groups have no real hope of obtaining. Nor do I believe that we can afford to spend billions of dollars on our foreign-aid program and an untold amount of effort on the part of a vast civilian army of Americans who now seek to remold the institutions of Germany and Japan in keeping with the democratic tradition and then fail at home to do so important a thing as to establish by law this simple step in the realization of democracy at home. We cannot expect peoples in foreign lands to take seriously our professions of belief in the democratic way of life unless we are willing to practice what we preach. I hope that this committee will take favorable action on H. R. 4453, and I sincerely believe that the Members of the House will work for, and, when the time comes, will vote for the enactment of H. R. 4453 to prohibit discrimination in employment in this country because of race, religion, color, national origin, or ancestry.

STATEMENT OF HON. T. MILLET HAND, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF NEW JERSEY

I had not been in Congress much over a month before I fulfilled a promise made to the people of my district and spoke out definitely in favor of FEPC. On February 23, 1945, I made the following statement:

"Mr. Speaker, there is now pending in the House H. R. 2232, a bill to prohibit discrimination in employment because of race, creed, color, national origin, or ancestry. Its purpose its to put into form of permanent law that equality of opportunity to work and to achieve a decent standard of living which I had always supposed to be one of the foundations of our great Republic, and which is certainly essential to the unity, strength, and health of our future.

"You will note that I stress the word opportunity. I do not believe it is the Nation's function to guarantee the comforts and happiness of its citizens, but I do sincerely believe that our Constitution directs us to preserve for all our people the chance to work, live, and pursue happiness, free from discrimination, prejudice, or improper control from any source.

"Mr. Speaker, the very nature of Americanism is the protection of the vital rights of minorities, both with respect to their political freedom, and their rights as individuals to live self-respecting lives. Among those mportant minorities are 13,000,000 Americans who are Negroes. Seven hundred thousand of them now serve in the armed forces, and millions are producing in our war plants. The future of these Americans depends largely on the wisdom with which we now act. "I, for one, will welcome that opportunity to support the bill. I hope that history may record that the Seventy-ninth Congress was responsible for this great social advance in America."

Both the Seventy-ninth and Eightieth Congresses have passed into history without action on this legislation. It is needless to recite in detail the parliamentary maneuvers which succeeded in blocking the consideration of this legislation by the House. It is up to this Congress to act.

I have been and remain convinced that minority groups in excess of 20,000,000 in our country, including not less than 13,000,000 Americans who are Negroes are entitled to protection in their job opportunities. We must put an end to practices which prevent the Congress from having at least the opportunity of passing on this important question of broad national policy.

Mr. POWELL. Tomorrow we will have as witnesses Senators Humphrey, Ives, and Langer, Representatives Douglas, Biemiller, Sabath, and Javits, and Mr. Norman Thomas.

Our first witness today will be Representative Dollinger. Will he come forward, please?

TESTIMONY OF HON. ISIDORE DOLLINGER, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF NEW YORK

Mr. DOLLINGER. Mr. Chairman and members of the subcommittee, I appreciate this opportunity to appear before your committee today.

I represent the Twenty-fourth District of New York. In that district, there are many thousands who now suffer under the evil practice of discrimination in employment. However, when we consider this subject, we must realize that the results are as damaging wherever such discrimination occurs, and therefore, my concern is for the entire country, as the problem is not a local one.

The practice of discriminating in employment against properly qualified persons because of race, religion, color, national origin, or ancestry, has, in my opinion, brought shame to this Nation. This practice is rampant; the results of it are tragic. Its victims are forced into substandard conditions of living and they are deprived of their equality of opportunity as guaranteed them under our Constitution. The United States is looked upon by all as the land of opportunity. Our entire economic system is based upon the theory that a man shall be allowed to utilize his talents and training, and then reap the rewards of his industry and individual striving. We find that, while these promises and assurances are taken for granted an enjoyed by many, there are millions in this country whose ambition, studies, qualifications, and training are of no avail. A young man may graduate at the head of his class and find that although he is a Doctor of Philosophy and wishes to teach, he is finally forced into menial employment because of the color of his skin. A young woman, qualified to be a good secretary, answers an ad in the newspaper, but is refused employment because of her religion or ancestry. There are many glaring examples of discrimination in employment, and they have come to the attention of all of us.

The effect of such discrimination is disastrous. Those who bear the brunt of it are unhappy and resentful, and rightly so. Initiative and ambition are lost, and the worker, refused his rightful chance to make good at his chosen occupation, becomes dispirited, and lacks that ambition which makes an efficient employee. In turn, production and business lose potentially valuable people, and the general welfare of the Nation is undermined.

At this time, we as a Nation, are sending our emissaries throughout the world to say that our ideology is best and that our people live under a true democratic system. Those who oppose us in our program of selling democracy to others have a potent weapon against us when they point out how undemocratic we really are in our present unemployment practices, and that this land is indeed not one of equal opportunity. Our Government, engaged in its present struggle against communism, cannot afford to allow such discrimination to continue, and must take effective steps to end it. Our obligations as a signatory of the United Nations Charter, "to promote universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion" are sacred. We should fulfill those obligations willingly and at once, and not be forced to observe them.

Under our various programs of assistance to foreign countries, heavy burdens have been placed upon our shoulders. We need all the good, efficient help we can get in order to take care of the needs of those to whom we have promised aid, as well as our own. Race, religion, color, national origin, or ancestry do not predetermine the usefulness or contributions of any human being in a given field. The talents of all must be utilized if we are to maintain our present great position as the leading Nation in the world.

In the light of this, I urge that the right to employment without discrimination because of race, religion, color, national origin, or ancestry, be recognized as and declared to be a civil right of all the people of the United States.

The bill now being considered, H. R. 4453, known as the Federal Fair Employment Practice Act is similar to H. R. 1348 which I introduced on January 3, 1949. Although nothing would please me more than to have the bill under consideration bear my name, because of my deep interest in this problem, I am extremely happy to support the Powell bill, because my primary concern is to wipe out the un-American practice of discrimination in employment.

Your chairman is to be complimented on the vigorous stand he took in introducing the bill, and on the fight he is making for its passage.. I trust that you will favorably report this measure, so that the oppressed may enjoy that true freedom, which should be the blessing of all in this great country of ours.

Thank you, gentlemen, for this opportunity to testify.

Mr. POWELL. Are there any questions you would like to ask Mr. Dollinger, Mr. Perkins?

Mr. PERKINS. Nothing.

Mr. POWELL. Mr. Burke?

Mr. BURKE. Mr. Dollinger, does your State have a State Fair Employment Practices Act?

Mr. DOLLINGER. We have. I think there could be a better commission set up there. I think it has room for improvement. But I think they have started to do a job which, in my opinion, is helpful and which I think is a step in the right direction.

Mr. BURKE. But there has not been any of the disarrangement of industry that the opponents of such legislation contemplate?

Mr. DOLLINGER. Oh, no; definitely not. They have not upset anything. I do not think this bill intends to disrupt industry any more than the legislation in effect in the State of New York. I think every group intends to do the right thing, and the purpose, of course, is to educate, if they can. There are very few instances that I know of where they have gone to court. The Attorney General has usually stepped in, and there have been agreements between the parties that they would discontinue the practice.

Mr. BURKE. Thank you.

Mr. POWELL. Thank you ever so much.

Mr. DOLLINGER. Thank you, gentlemen.

Mr. POWELL. Representative Hoffman, of Michigan.

Mr. HOFFMAN. Thank you, Mr. Chairman and members of the committee.

TESTIMONY OF HON. CLARE E. HOFFMAN, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF MICHIGAN

Mr. HOFFMAN. While believing there should be no discrimination in opportunity for employment, I cannot go along with the present bill or any bill of similar import.

I must apologize for not filing a statement, for the reason that I was not sure that I could be here this morning, and the other committee assignment that I had prevented making one.

Without expressing my opinion as to the merit or lack of merit in connection with his comments, I would like to place in the record certain comments and tables printed in the Congressional Record under date of March 13, 1945, by the Honorable John E. Rankin, of Mississippi.

Mr. POWELL. Without objection, the material will be made a part of the record.

(The comments, in part, and the tables referred to are as follows:)

COMMITTEE ON FAIR EMPLOYMENT PRACTICE, WASHINGTON, D. C.

You will note that in this office of the chairman, consisting of 10 people, there are 5 Negroes, and 5 white people, most of whom have foreign names. One of the whites is a stenographer who receives the smallest salary of anyone on the list. Remember that the members of this group preside over the destiny of every business enterprise in America, and are using their assumed powers to harass white Americans out of business.

This is the organization Members of Congress are now being asked to perpetuate by the passage of this bill.

You will note it consists of nine people-five Negroes, one Japanese, and three others-two of whom have records of affiliations with Communist-front organizations, according to the reports of the Dies committee.

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REVIEW AND ANALYSIS DIVISION

Now look at this list and see who reviews all these records of racial discrimination when they come to Washington,

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