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If the individual American, be he of Japanese or of any other ancestry, knew that he would be judged solely on his individual merits and abilities as a person, he would put even greater effort into the perfection of his talents than at the present time when his ambition and his vision may tend to be stunted by prejudice and fear of class discrimination.

The declaration that the right to employment without fear of discrimination is a civil one, together with the establishment of appropriate guaranties, would prove a greater incentive to increased learning and leadership than anything else of which we can conceive.

Those now "existing" in menial tasks far below their abilities and dignities would help to fill the present shortage in the skilled and specialized lines that are so vital to our future.

Those preparing for future livelihood would have a new spirit and a new confidence that would assure world leadership to these United States.

We commend the inclusion of labor organizations in S. 984. For our experi ence with some unions has not been favorable.

Labor unions, like employers, vary in temperament and attitudes. Not all are bad; certainly not all are good. All persons of Japanese ancestry, we have found unions in both the AFL and the CIO that have solicited our membership and have gone out of their way to protect our union status and our right to employment. On the other hand, there still are many unions that deny membership to any except those of the so-called Caucasian race.

Before the war, through the courtesy of several unions, persons of Japanese ancestry were permitted to organize auxiliary unions, to pay dues and assessments, but not to enjoy the usual benefits of union membership. Today, in many west coast localities, we are not even granted the privilege of forming these seg regated unions. In areas where union controls extend to almost all phases of human endeavor, inadmissibility to membership amounts to a denial of the right to employment, and, therefore, even of life itself.

In Seattle, Wash., we are informed that the all-powerful teamsters' union will not accept the membership of persons of Japanese ancestry. We understand that a select few have been permitted to go to nearby towns and join their locals but not the major AFL union. Because of this unfortunate situation, persons of Japanese ancestry living in this community and attempting to do business are seriously handicapped. For instance, they must hire union truckers to deliver produce to their respective stores and customers; they cannot use their own facilities.

In this same Northwest metropolis, the CIO Cannery Workers Union that at one time had more than 300 Japanese members now refuses to pass on their membership. Because of a labor shortage in the fish-packing industry, all Japanese and other workers are permitted cards but not membership. By refus ing to reinstate the former Japanese members, the unions are depriving these persons of their seniority and other rights that they built up over the years prior to the outbreak of the war.

Leaders in labor today are denouncing the legislation just enacted by this Congress as unfair and discriminatory; they are calling upon the President to veto it. Without passing judgment on labor's allegations, we submit that certain segments of labor, too, have been unfair and discriminatory in their dealing with various minorities. Before they ask for "equality," they should extend some of that same "equality" to those who seek membership within their ranks.

S. 984 appears to set up the necessary machinery to do just this. Another employment problem faced by persons of Japanese ancestry that this legislation may be able to correct arises out of a patent discrimination in our Federal laws that deny to a few Asiatics the privilege of naturalization. Since the Japanese resident nationals comprise the largest of this ineligible to naturalization group residing in the United States, they are the ones who are penalized by the more than a hundred municipal, State, and Federal laws that bar certain fields of employment to aliens. Because they cannot become citizens and thereby remove themselves from these barred categories, they are forever denied the privilege of seeking work in these lines.

Moreover, in at least one instance that we know of, one State, California, has enacted a law that specifically prohibits only aliens ineligible to citizenship from engaging in commercial fishing. Curiously enough, California argues that

this was enacted as a conservation measure.

We feel that such obviously discriminatory legislation prohibiting Japanese aliens from employment in certain fields of human endeavor violates the pur

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poses and policies of this bill. And, under paragraph (6) of paragraph (g) of section 6, we believe that the National Commission Against Discrimination in Employment is empowered "to make such technical studies" as these legislative inequities, since they "are appropriate to effectuate the purposes and policies of this Act and to make the results of such studies available to interested governmental and nongovernmental agencies."

Such highly significant studies might result in either the repeal of these discriminatory laws or their modification to conform to the spirit of S. 984. While some of the foregoing observations may not appear germane to these hearings, may we suggest that they are very real and near to us, that they constitute employment problems that cloud our entire future, and that their implications go far beyond the territorial confines of the United States.

In World War II, persons of Japanese ancestry were singled out for unprecedented treatment and became, in the eyes of most of the world, America's symbol of intolerance. What happened to us was high-lighted by the Axis propagandists, particularly those of Japan, as another example of democracy's autocracy.

Today, even though the military victory has been won, millions of people in all parts of the world, and particularly in Asia, are looking to the United States for leadership in the continuing struggle for survival. They prefer our American way of life and our system of government. But they are not convinced that we as a nation and as a people are sincere in our protestations of freedom and opportunity for all. They question our practices as against our professions.

Last Monday, June 9, Dr. Walter H. Judd, Congressman from Minnesota, who has introduced in the House of Representatives a bill identical with the one now under consideration, declared that the United States, not Russia, is the question mark of the world.

Addressing the one hundred and eighth commencement class of Miami University in Oxford, Ohio, Dr. Judd, who probably knows the Orient as well as any man in Congress, said:

"America and other freedom-loving nations must learn to play as a team in peace as we do in war. Eighty percent of the nations will join with us if we show them we mean to resist totalitarianism.

"We, not Russia, are the question mark to millions and millions of men and women who love freedom and will fight and die for it if only they have hope. "These people look to Washington, D. C., and not to the Kremlin for guidance. Even the Kremlin's decisions depend on the decisions made in Washington." This, Mr. Chairman, is the challenge to the Congress put by your colleague in the Lower House a challenge, incidentally, that is backed up by 10 years of experience as a medical missionary to China.

It is our considered judgment that this Congress can do much to win the good will and the friendship of many nations and many peoples by enacting into law S. 984. For, by prohibiting discrimination in employment based upon race, religion, color, national origin, or ancestry, you are demonstrating by your actions and not by words alone that employment is a public responsibility and trust. This means that the right to live according to American standards will be assured to all within these United States. This means that more than ever the downtrodden of the world will look to America for guidance and leadership in this troubled age.

S. 984 is a guide to the present and future thinking of the Members of this Congress. By approving this measure, you will not only give new faith and Courage to millions in the United States who are today being penalized and handicapped through no fault of their own but also to the hundreds of millions of confused and bewildered people on this earth. You will reaffirm the principles upon which this Nation was founded and for which so many of our fellow Americans gave their lives in battle.

Thank you.

Senator DONNELL. The committee will be in recess until 9:30 tomorrow morning.

(Whereupon, at 12: 30 p. m., the committee recessed until 9: 30 a. m., tomorrow, Friday, June 13, 1947.)

ANTIDISCRIMINATION IN EMPLOYMENT

FRIDAY, JUNE 13, 1947

UNITED STATES SENATE,

COMMITTEE ON LABOR AND PUBLIC WELFARE,
SUBCOMMITTEE ON ANTIDISCRIMINATION,

Washington, D. C. The subcommittee met, pursuant to notice, at 9:30 a. m., in the committee room, Capitol Building, Senator Forrest C. Donnell presiding.

Present: Senators Donnell (presiding), Murray, and Ellender. Also present: The Honorable Richard B. Russell, a Senator from the State of Georgia.

Senator DONNELL. The committee will be in session.

Mr. Ben Herzberg is the first witness this morning.

STATEMENT OF BEN HERZBERG, SPEAKING FOR HON. JOSEPH M. PROSKAUER, CHAIRMAN, AMERICAN JEWISH COMMITTEE, NEW YORK, N. Y.

Senator DONNELL. I understand you are speaking on behalf of the Honorable Joseph Proskauer, chairman, American Jewish Committee; is that correct?

Mr. HERZBERG. Yes, sir.

Senator DONNELL. Mr. Herzberg, will you tell us, please, briefly, what is the American Jewish Committee, what is its size, composition, and what are its functions?

Mr. HERZBERG. The American Jewish Committee, sir, was organized about 40 years ago. It is devoted to the protection of Jewish civil rights. It has chapters all over the United States. Its membership, I would say, is about 8,000.

I think it has a reputation over these 40 years for restraint and judgment in the expression of its opinions.

Senator DONNELL. Does it have any membership south of the Mason and Dixon line?

Mr. HERZBERG. Yes, sir.

Senator DONNELL. For instance, in Atlanta or New Orleans?

Mr. HERZBERG. Yes, and in Dallas-all through the United States. Senator DONNELL. Now the views that you are going to present here this morning are your own views or those of Mr. Proskauer, or are they the views of the American Jewish Committee? Mr. HERZBERG. They are the views of the organization. Senator DONNELL. And how has the organization expressed its views, through resolution or formal action or informal action?

Mr. HERZBERG. Through formal action of its administrative and executives committees.

Senator DONNELL. When was the latest expression made with respect to this general subject?

Mr. HERZBERG. At the time, sir, that we received your invitation to come down here.

Senator DONNELL. That is to say, the executive committee?

Mr. HERZBERG. The administrative committee which is the same as the executive committee of a corporation.

Senator DONNELL. Now, the administrative committee is composed of how many persons?

Mr. HERZBERG. About 30 persons.

Senator DONNELL. From one locality or generally?

Mr. HERZBERG. Scattered over the entire country.

Senator DONNELL. And did it pass a resolution on the subject matter of this proposed bill, S. 984?

Mr. HERZBERG. That is correct, sir.

Senator DONNELL. Do you have a copy of that resolution?

Mr. HERZBERG. I am sorry I do not. The administrative committee does not usually act by formal resolution but this matter has been before the American Jewish Committee a number of times.

Judge Proskauer, for instance, appeared before the legislative committee in New York State where, as you know, a similar bill was adopted. It was the occasion for discussion then; it has been the occasion for discussion ever since.

I think I can say that our position represents the almost unanimous, if not unanimous, view of the entire membership.

Senator DONNELL. But the administrative committee, meeting after notice of these hearings, did not pass a formal resolution on the matter?

Mr. HERZBERG. It was by a voice resolution.

Senator DONNELL. Was that incorporated in your minutes?
Mr. HERZBERG. Yes, sir.

Senator DONNELL. And you do not have a copy of those minutes?
Mr. HERZBERG. No, sir.

Senator DONNELL. Would you be kind enough to send to the secretary of this committee within the next few days, Mr. Herzberg, a copy of the action so taken of that committee?

Mr. HERZBERG. Some formal expression?

Senator DONNELL. Yes.

Mr. HERZBERG. Certainly, sir.

(Subsequently Mr. Herzberg submitted the following memoran

dum.)

The attention of the administrative committee was called to the fact that Federal legislation modeled on the Ives-Quinn bill in New York and sponsored by the National Council for a Permanent Fair Employment Practice Committee has been introduced in Congress; that hearings thereon are scheduled for the near future; and that Judge Proskauer has been asked to testify in behalf of the American Jewish Committee in support of the bill. Thereupon, a resolution authorizing Judge Proskauer or, in the event of his inability to appear personally, someone delegated by him to testify in the name of the American Jewish Committee, was unanimously adopted.

Adopted June 3, 1947.

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