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article appearing in the American magazine by William A. H. Birnie, in which he quotes at length from Randolph, who testified here yesterday, and I will ask that the clerk go over the article and prepare for the insertion in the record such portions as are aftributable to Randolph, and that these be inserted in the record, and that copies of what have been placed in the record be sent to Randolph for his inspection and right to answer. (See p. 127.)

Senator DONNELL. It is so ordered.

Will the record show, please, the date of the magazine?

Senator ELLENDER. January 1943.

Senator DONNELL. Dr. Wise, will you be kind enough to state your full name for the record, and the connection in which you appear this morning?

STATEMENT OF DR. STEPHEN S. WISE, PRESIDENT, AMERICAN JEWISH CONGRESS

Dr. WISE. My name is Stephen S. Wise. I am the president of the American Jewish Congress, founded by Mr. Justice Brandeis just before he became a member of the United States Supreme Court in

1917.

The American Jewish Congress has some 50 national affiliates and its personal membership and its affiliation membership together constitute, we believe, more than 1,000,000 Jews, members of the Jewish faith and race.

Forgive me for answering a question which the gentleman who preceded me seemed to be unable to answer, Mr. Senator, namely, it is our estimate that the Jewish population in the United States is 5,000,000. Those are the figures that are accepted by us.

Senator ELLENDER. That is 5,000,000. How many are there in the world; do you know?

Dr. WISE. Yes; thanks to Mr. Hitler and the neutrality of the civilized nations of the earth, 6,200,000-and these are the figures of Mr. Justice Jackson, of the United States Supreme Court-were slain from 1938 to 1945, leaving not more than 10,500,000 Jews in the world, of whom half live in this country, nearly half, 45 percent.

I thought I would answer the question because you seemed to be interested in it, Senator.

Senator ELLENDER. Yes, sir; I wanted to get those figures.

Senator DONNELL. Dr. Wise, I understand, therefore, that you are appearing on behalf of the American Jewish Congress.

I want for our record to have you tell us, if you will, how the American Jewish Congress expresses itself, whether by resolution, in annual meeting, or meetings held from time to time or through its board of directors or trustees; how does it express itself?

Dr. WISE. The American Jewish Congress expresses itself in all possible ways.

It is a national organization, with a rather considerable administrative committee and executive committee, a smaller subcommittee, a steering committee of the executive committee. For example, I am empowered to present my testimony and my own thoughts and that of the Congress by virtue of a resolution adopted by the administrative committee of the Congress on May 1 at a regular meetting of the administrative committee.

65936-47-11

If you wish, Mr. Chairman, I could submit this.

Senator DONNELL. Would you be kind enough to do that, Dr. Wise? Dr. WISE. Do you want me to submit it for the record without reading?

Senator DONNELL. Would you mind reading it, so that we might have it before us?

Dr. WISE (reading):

The American Jewish Congress, dedicated to combating racism in all its forms, has for years been foremost in the campaign on local, State, and National levels, to enact legislation which would effectively end racial and religious discrimination in employment. The right of a person to employment is a basic human freedom; and any limitations placed on that freedom because of considerations of race, creed, color, or national origin constitute a violation and denial of basic democratic rights.

We, therefore, enthusiastically welcome the introduction of bills in the Senate by Senator Ives (S. 984) and in the House of Representatives by Representative Norton (H. R. 2820) which would prohibit by law the practice of discrimination by employers and which would establish administrative machinery for the enforcement of the law.

We urge fullest mobilization of all democratic forces

Democratic with a small “d”—

in support of this legislation and call on all affiliates, chapters, and members of the American Jewish Congress to demand of their representatives in Congress fullest support of and speedy enactment of this legislation.

Senator DONNELL. Thank you, Dr. Wise. (Discussion off the record.)

Senator DONNELL. Shall we resume the record?

May I state to Dr. Wise that at 11 o'clock, the Senate convenes, and for a very few minutes only, this committee will be in recess at that time, until leave shall have been obtained to proceed with our deliberations.

Dr. WISE. I hope to finish before 11 o'clock.

Senator DONNELL. But we want you to have plenty of time.

I just want you to understand that if we go out at 11 for a short recess, you will understand it.

Dr. WISE. I want to make as brief as possible presentation of the

case.

Senator DONNELL. Proceed, Dr. Wise.

Dr. WISE. Really, Mr. Senator, and gentlemen of the Senate committee, I think that the resolution which I have just read misses the thought of the group of which I chance to be, and have for a number of years, been their head.

The American Jewish Congress is, as the speaker is, a devout believer in the significance I am, perhaps because I am a theologianof, I almost use the term, the sacredness of democracy.

I sometime say, for example, Mr. Chairman and gentlemen, I have two religions. One is the religion of my ancestral people, Israel. The other is democracy.

Democracy for me is not a form of government, a political name and term. To me it is a religion.

When I use the term "religion" I use the term literally. "Religion" is that which binds together, originally God and man, the vision of God by man.

But to me, democracy is a religion which binds men together, and will ultimately bind all men in the bond of brotherhood, in the liberating bond of brotherhood, irrespective of race and faith.

I am of the Hebrew race.

Of course, I am just as much of an Aryan as you, Senator Ellender. I mean, just as truly a member of the white race, whatever the "white race" may mean.

Senator ELLENDER. Caucasian.

Dr. WISE. I beg your pardon?
Senator ELLENDER. Caucasian race.

Dr. WISE. Caucasian race.

But, Mr. Chairman, I belong to the Semitic division, which is not a contemptible division of the Caucasian race, seeing that it gave to the world the patriarchs, the judges, the prophets, the kings, and the apostles, beginning with Abraham and culminating in the supreme figure of Jesus of Nazareth, who was as truly a Jew as I am, who never left the Jewish faith-may I be permitted to observe parenthetically-who was born a Jew, the child of a Jewish mother, Mary-Miriam was her Hebrew name--who remained a Jew in all his teachings and practices, who merely exemplified, perhaps transcended Jewish teaching in the nobility-you believe in the Divinity— of the manner of his life.

So, Mr. Chairman, I feel the American Jewish Congress is rendering a service to the Republic. I use the term "Republic" advisedly, for the benefit of Senator Ives.

Senator IVES. The same way you used the term "democratic" for Senator Ellender.

Dr. WISE. Thank you.

I used the word "democratic" without any connotations, you may be sure.

We are seeking to render a service to the Republic by insisting that there should be no violation of the fundamental right of a man to work. And permit me to say this, for example, Senator Ellender, if I may be permitted for a moment to quote you.

I do not quote you literally but in the substance of your query of Mr. Kovner: "Shall a man be compelled to employ people whom he does not wish to employ?"

Yes; he shall be compelled under the Ives bill, if it becomes law, as I believe it should become law, in toto.

He should not be compelled to employ certain people. He should be denied the right to deny employment to men or women because of race, faith, color, or ancestral origin.

This bill does not say that you, sir, shall employ these people as farm hands in your cotton fields, but it does say that you have no right to say to this man, "I do not want that man. I will not employ He is a Negro. I do

him. He is a Jew. I do not want that man. not want that man. He is a Mexican."

work without abateAt least that is my

American citizens are entitled to the right to ment or limitation because of color and race. faith, and my faith as an American citizen, to whom Americanism is not merely a bit of political nomenclature but an expression of my fundamental faith.

I would as soon think of giving up the faith of my fathers, infinitely precious to me, as I would think of giving up my faith in the rightfulness and in the serviceableness and in the high origin, going back as it does, to pentateuchal origins of democracy.

Forgive me, Mr. Chairman, if I wax too earnest about it. It all means so much to me.

I am not appearing here as a special pleader. I am here as the priest of the Congress and as one of the "veteran Jewish leaders"I use the term in quotation marks and not without regret to express my faith and the faith of those who have chosen me to be their leader. The discrimination in employment we have met in my own State, in the synagogue of which I am the rabbi, in Scituate, through the Ives-Quinn bill. Senator Ives introduced that bill nearly three years ago, or two and a half years ago. I gave my utmost support to the bill, as one of a multitude.

Senator IVES. You did the greatest job of all on that.
Dr. WISE. Thank you. I agree with you.

Senator IVES. You and I generally are in agreement.

Dr. WISE. Yes, sir; excepting on one thing which I shall not name at this moment.

Senator IVES. I comprehend that.

Dr. WISE. You may change your mind yet. I will not.

Seriously, that Ives-Quinn bill, creating the Commission-Mr. Charles H. Tuttle was special counsel and did a beautiful job at your side.

Senator IVES. He was supposed to be here yesterday but was taken ill on his way to the train, and is in the hospital.

Dr. WISE. He is a great citizen and a great jurist, and he rendered a very distinguished service, did he not, Senator?

Senator IVES. He certainly did. Without him, we could not have done anything.

Dr. WISE. He did awfully well. That bill became law and it has effected a grand change, Mr. Chairman.

It has vastly improved the spirit of equality of treatment of workers. There are some violations and the bill would have to be improved. I think the Senator will admit that. In time there may have to be some slight changes introduced, but it has worked wonders, Mr. Chair

man.

Now, what we New Yorkers want, we do not want the millennium in New York alone. We would like it in Louisiana.

Senator DONNELL. How about in Missouri?

Dr. WISE. Oh, Missouri, as the home of a President, already has it. We feel that the Ives-Quinn law, in my own State, should be the guide, and I think Senator Ives has made it the guide, have you not? Senator IVES. That is the pattern on which this present bill is based. Dr. WISE. That is the model.

I have a statement here showing the differences in the bills. Perhaps it has been shown to you, although you are perfectly familiar with it. I submit for the record, the statement of differences between the Ives bill we are considering, 984, and the Ives-Quinn law in the State of New York, and the bill introduced by Senator Chavez-was it a year ago or 2 years ago?

Senator ELLENDER. At the last Congress, S. 101.

Senator DONNELL. S. 101.

Dr. WISE. I might submit this for the record.

Senator DONNELL. Very well. We will receive it for the record.

(The statement referred to is as follows:)

Chief points of difference between Ives bill (S. 984, 80th Cong.) and National Labor Relations (Wagner) Act

Subject

1. Application to Federal Government.

2. Application to Federal contractors.

3. Limitation

as to number of employees.

4. Other exemptions....

5. Enforcing agency. 6. Exclusive power...

7. Charges by private parties.

8. Charges by Com-' mission.

9. Conciliation...

10. Conciliation efforts in ev idence.

11. Issuance of complain t.

12. Notice of hearing....

13. Hearing officer.....

14. Rules of evidence....

15. Adjudication...

Ives bill

Applicable to agencies of Federal
Government (sec. 3 (b)), Compli-
ance with orders to be obtained by
President (sec. 10).
President to make rules to prevent
discrimination by Federal contrac-
tors employing 50 or more em-
ployees; enforceable by Commission
(sec. 10).

Applies only to employers of 50 or
more employees (sec. 3 (b)).

Exempts nonprofit religious, chari-
table, fraternal, social, educational,
or sectarian organizations (sec. 4).

7 members (sec. 6 (a)).
No provision.......

Sworn written charge must be filed by
or on behalf of person claiming to be
aggrieved (sec. 7 (a)).

Charge may be filed by member of
Commission (sec. 7 (a)).
Commission must endeavor to elim-
inate unlawful practice by informal
methods before issuing, complaint
(sec. 7 (a)).

Nothing said or done during concilia-
tion efforts may be used in evidence.
Commission serves verified charge
filed by complainant (sec. 7 (b)).
10 days' notice must be given (sec.
7 (b)).

Hearing officer must be resident of
judicial circuit where violations
occurred (sec. 6 (f)).

No provision...

Sec. 7 (k) adopts sec. 5 (c) of Adminis-
trative Procedure Act providing for
separation of functions of hearing
officers.

16. Declaratory orders... Sec. 7 (k) adopts sec. 5 (d) of Adminis

trative Procedure Act authorizing

agency to issue declaratory orders.

National Labor Relations Act

Not applicable (sec. 2 (2)).

Not applicable unless engaged in interstate commerce.

No limitation.

Exempts persons subject to Railway Labor Act, agricultural laborers, domestic employees (sec. 2 (2) and (3)).

3 members (sec. 3 (a)).

Power of National Labor Relations
Board to prevent unfair practices is
exclusive (sec. 10 (a)).

Charge may be filed by anyone even
though not aggrieved and need not
be sworn to (sec. 10 (b)).
No provision.

No requirement of informal concilia-
tion efforts at any stage of case.

No limitations on use as evidence.

Board prepares and issues complaint in its own name (sec. 10 (b)).

5 days' notice must be given (ɛec. 10 (b)).

No limitation (sec. 10 (b)).

Rules of evidence not controlling in
Board hearings (sec. 10 (b)).
No provision.

Do.

17. Ancillary procedural Sec. 7 (k) adopts sec. 6 of Administra- No similar detailed provisions.

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3 members of Commission must hear
oral argument after hearing (sec.
7 (d)).
Incorporates Administrative Proce-
dure Act (sec. 8 (a)). Sec. 10 (e) of
that act gives broad ground to re-
view; findings must be sustained by
substantial evidence on the whole
record and must not be arbitrary or
capricious.
Commission may make "suitable"
rules, subject to Administrative
Procedure Act, but Congress may
nullify them by concurrent resolu-
tion (sec. 13).
Commission given broad powers of in- No provision.
vestigation and study (sec. 6 (d),

(g) (6)).
Commission may create local and
regional advisory bodies of represent-
ative citizens to study discrimina-
tion and foster good will (sec. 6 (g)
(7)).

Board may make "necessary" rules (sec. 6 (a)).

Do.

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