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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.

Senator DONNELL. Very well, preceed with your statement.

Mr. HERZBERG. I will not take your time to discuss the principles underlying the bill. I am sure at previous hearings those principles have been fully discussed and of course they are set out in the proposed finding of the bill.

I want to discuss certain practical aspects of the bill, if I may. In the first place, I would like to comment on one provision

Senator DONNELL. May I interrupt to inquire what is your own personal connection with the American Jewish Committee?

Mr. HERZBERG. I am chairman of the legal and civic affairs committee.

Senator DONNELL. Are you a lawyer?

Mr. HERZBERG. I am a lawyer in New York.

Senator DONNELL. Are you practicing there?
Mr. HERZBERG. Yes, sir.

Senator DONNELL. And you have practiced your profession for quite a number of years in New York?

Mr. HERZBERG. About 25.

Senator DONNELL. Did you give your address to the reporter or not? Mr. HERZBERG. I believe I did not. It is 20 Pine Street, New York City.

Senator DONNELL. All right, proceed.

Mr. HERZBERG. The bill before the committee is limited in its coverage to establishments employing 50 or more employees.

By that single provision, Mr. Chairman, the restraint imposed by the act has been reduced, it seems to me, to the minimum, while at the same time the benefits intended by the act have been widely extended.

You have covered a number of relatively small percentage of the employers but nevertheless have covered the largest number of job opportunities.

The census figures for 1939, Mr. Chairman, reveal that less than 15 percent of the manufacturing establishments in the United States employ as many as 50, while at the same time that 15 percent employ over 80 percent of all the employees engaged in manufacture in the United States.

In other words, with the minimum of regulation you have covered the maximum of job opportunities.

I said I would not discuss the principles because I am sure they have been adequately discussed; nevertheless, you have still four serious questions to which, with your permission, I would like to address myself.

The first is whether this effort should be on a national or a State level.

Now, I am mindful of the fact, as I am sure you are, sir, that State efforts at this suppression of child labor as affecting sound minimum wages were not very successful, and I think most, if not all, of us are glad that the Congress intervened in those fields.

Now, it does not follow in mind from that, however, that regional differences must not be allowed for in the administration of the act. I think in one concept a doctrinaire idealist would want to disregard them, because if you do, instead of having a reduction in friction, which is one of the objectives of this bill, you are going to have an increase in friction.

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