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Senate bill No. 984-The National Act Against Discrimination in Employment-applies to employer and labor union alike in denying these fundamentals just set forth.

It states in part: "Sec. 5 (a) (1) It shall be an unlawful employment praetice for an employer to refuse to hire, to discharge, or otherwise to discriminate against any individual with respect to his terms, conditions, or privileges of employment, because of such individual's race, religion, color, national origin, or ancestry

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It states further in the same section, paragraph (b): "It shall be an unlawful employment practice for any labor organization to discriminate against any individual or to limit, segregate, or classify its membership in any way which would deprive or tend to deprive such individual of employment opportunities, or would limit his employment opportunities or otherwise adversely affect his status as an employee or as an applicant for employment, or would affect adversely his wages, hours, or employment conditions, because of such individual's race, religion, color, national origin, or ancestry."

In section 7 (a) it is stated: "Whenever a sworn written charge has been filed by or on behalf of any person claiming to be aggrieved, or a written charge has been filed by a member of the Commission, that any person subject to the Act has engaged in any unlawful employment practice, the Commission shall investigate such charge, and if it shall determine after such preliminary investigation that that probable cause exists for crediting such written charge, it shall endeavor to eliminate any unlawful employment practice by informal methods of conference, conciliation, and persuasion

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The enforcement procedures are further outlined from that point.

Here, then, is an act by which the Congress of the United States will set up the most complete program ever devised for regulating, controlling and harassing American businessmen and labor unions. It takes no prophet to foresee that under these provisions there will arise such an amazing and conglomerate mass of claims, charges, and investigations that the employer of more than 50 persons and the labor union of more than 50 members will be continually harassed and troubled-even in instances where he is not actually at fault.

For, under this act, it will be a very simple matter for any person who is refused a job or discharged from a job, or who has any grievances whatever against his employer or against his union, to say that he was discriminated against under the provisions of the act.

And, from a practical standpoint, we all know that no employer is going to deny employment to any person regardless of race, creed, or color-when the addition of that person to the pay roll of the business will be an asset to the business, in keeping with good business practices, and in accordance with good practices for the promotion of harmonious relations between his other employees. That is a simple law of good business judgment and good business practices. In order for a business to prosper an employer must be allowed discretion along these lines; and in order for a union to properly perform its functions for the greatest good of its membership it must have similar discretion.

The United States Government has no right under any conceivable interpretation of the Constitution to say to an employer that he must employ or to a union that it must accept any individual-regardless of race, creed, or color-when the employment of such person would be detrimental to the employer's business or his acceptance would be conducive to promoting unrest within the union.

This act will place the Government of the United States in private business and union activities on an unprecedented scale. It will create a vast bureau of undreamed of proportions. It is a monstrous threat to free enterprise, unworkable and unwieldy.

If this act is passed by the Congress we will see a first-hand exhibition of the old nursery rhyme:

"There was an old woman

Who lived in a shoe;

She had so many children

She didn't know what to do."

For truly the Commission proposed would have more troubles and complaints than it could possibly deal with-and I am satisfied that most of them would probably be unjustified, yet complaints which would have to be considered, nevertheless.

I think we may as well realize that the Government by law can never adjust, never regulate, and never control every phase of an individual citizen's exist

ence.

The Government by law cannot guarantee every person a job, nor can it guarantee that he will keep that job. That must be determined by an individual's ability and productive capacity.

This country was developed by the initiative and courage of its people. Have we so lost that courage that we must be regimented, directed, and driven in every phase of living by the Government through such legislation as this?

I don't believe such regimentation necessary. I know that the American people do not want this legislation. And I know that it can never be enforced, because no law can be enforced which the people detest-we've seen to many examples of that already.

I think that one of the fundamental fallacies in American thinking today is found in the all too prevalent idea that the enactment of a law can cure everything. Laws can be no more effective than the citizens want them to be. We can enact legislation of every kind and character for every conceivable purpose in the Congress of the United States and in every State legislature throughout the Nation; but unless the people of the United States and the individual States want the laws enacted to be effective, those laws can never work.

It is my considered opinion that laws such as the proposal to create this Commission enter a field of human relationships which was never contemplated by our Constitution as a field for legislation and which are absolutely unworkable. Men throughout all ages have found it convenient and advisable to band themselves together for the promotion of common interests and in the development of common endeavors. In the many and varied organizations which have been formed the members thereof have reserved the right to choose the types and kinds of persons with whom they associated. This has been essential to the success of the organizations. This is particularly true.of any business organization and any labor union.

If the Congress of the United States says to the people of the United States that they must be hamstrung with an act such as Senate bill 984, then the Congress of the United States may just as well tell every church, every school, every club, every fraternal order, and every other type of organization who can and who cannot participate in its membership and this will be the first step in that direction, if this bill is enacted into law. It is my belief that this type of legislation is the most dangerous legislation ever presented to an American legislative body-either the Congress of the United States or any State legislature. Once this type of legislation is adopted, there is no end at which it may be brought to a stop.

Another point which we may consider with regard to this legislation is that it is minority legislation. It is sponsored primarily for the aid of certain minority groups. Our theory of government is based on the rule of the majority. And while our Government seeks to protect the rights of all the people, it is inconceivable that legislation should be enacted which is wholly and totally in conflict with the will of the majority and the interests of the majority and which is solely in the interests of a minority. This bill is definitely minority legislation, and minority legislation is a definite and distinct danger to the common weal.

Whenever the Government of the United States says by law to any employer or to any union that either is not free to use discretion in choosing employees or members, then democracy in the United States is on the down grade and on the road to decay and ruin. I strongly believe that the passage of this legislation will react directly to the advantage of those radical forces with which our theory of government and way of life are in direct conflict today. It is also my considered opinion that the enactment of this legislation will lead to strife, turmoil, confusion, and even bloodshed simply because the Congress cannot create by law practices which are contrary to the laws of nature and to the laws of God.

If the forces behind this bill succeed in obtaining its passage it will be but the beginning of a long series of bills aimed at breaking down our way of life. In their subtle schemings they will seek to force through legislation aimed at preventing individuals from banding together in fraternal orders, civic orders, churches, and every other type of organization except in accordance with the principles which they advocate and along the lines which they set forth. Yes; this bill will be but the first step-and a big step toward strict regimentation and governmental direction along a path which the Constitution of the United States never contemplated and in a field wherein laws cannot be made enforceable. We of the South feel that this legislation is aimed primarily at our section, because the Southern States comprise the geographical area wherein there resides the largest minority group in this country. We are becoming sick and tired of

being the political dumping ground for all types and kinds of legislation aimed primarily at our section of the country.

This is one Nation-a union of sovereign States, so conceived by the founding fathers and so created by the instrument which gave us national life-the Contitution of the United States. Each of the 48 States has made great contribution to the development and to the welfare of the Nation. Each has given a full share of its brave sons in bitter warfare for the preservation of our ideals and our liberties. The sons of the South, of the North, of the East, and of the West have all written glorious deeds of heroism into our history in each of the wars which we have successfully maintained.

Why, then, is it that here in the United States Congress we see repeated efforts made to enact legislation aimed primarily at the South and southern institutions? As far as I know, there is no need for a Commission of the type proposed by Senate bill 984 in any section of this Nation. Wherever he has the ability and the will to work, any man-regardless of race, creed, or color-can achieve, and this is true in the South and every other section of the country. And wherever a person does not have the ability, does not have the will to work, and does not fit into a business organization or a labor union, then the Congress of the United States can't make such person fit by legislation such as this, and you can't escape it.

In the South there are countless instances and examples of industries in which the great majority of employees are Negroes. These Negro employees are fairly treated, and there is no discrimination against them. There are countless businesses which Negroes have themselves developed and in which they are prospering. There are unlimited opportunities in the South and every other section today for any person of courage, determination, and ability to succeed and to achieve. Throughout the South and throughout the Nation we have countless examples of achievement by members of every race. We have many, many examples of achievements by Negroes in every field of endeavor in Mississippi and throughout the South.

Creation of this Commission will not contribute one iota to opportunities for achievement. There is no such thing as equalization in a democratic society. Democracy is based on competition in a system of free enterprise. And whenever you try to equalize things by legislation, then you will fail in your efforts to pull the weak up and will only succeed in pulling those who have achieved down. Whenever we in this country start trying to control every phase of human endeavor and human relationships by legislation-and this bill is a gigantic jump in that direction-then we will have insured the doom of our democracy, for we will have played directly into the hands of those who believe in the theory of strict regimentation and the totalitarian way of life. Any such doctrine as that espoused by this legislation is bound to be repugnant to anyone who believes in the principles of freedom and liberty as set forth in the Constitution.

If Americans are to have jobs, business must prosper. If business is to prosper, employers must generally have discretion as to the character of their employees. There are many types of businesses in this Nation where Negro employees wouldn't fit into the picture. There are many types of businesses in this Nation where various other racial groups wouldn't fit into the picture. There are many type of businesses in this Nation where white employees wouldn't fit into the picture. That's just a fact, and everyone with any fairness and sense of justice knows it.

There can only be one right way to resolve this question. Leave employers free as they now are to employ only whites, if they so desire. Leave them free to employ only Negroes if they so desire. Leave them free to employ only Baptists, or Methodists, or Catholics, or Jews, or any other faith or race if they so desire. If you don't, I foresee a most unhealthy and unwieldy stifling of American business and American enterprise, with the ultimate result being business failures, less jobs, unemployment, hunger, and ultimately strict regimentation.

I don't like this proposal to create this Commission, because I know it is contrary to the best interests of all Americans and because it in itself is un-American.

Since this is one Nation, and since we believe that this legislation is aimed primarily against the South, we say to you-let the South solve its own problems. We are more familiar with those problems than anyone else. We live with our problems, just as the people of Maine, New York, Illinois, Colorado, and California live with their problems. It is our belief that the people of the other

States are more familiar with their problems than anyone else and that they should be allowed to solve them, because they have the opportunity to better understand them. We expect and demand that same privilege and right-for that is the American way.

Since the Negro race is the largest minority group by far within the United States, and since this legislation is proposed primarily for the benefit of the Negro, in bringing this brief to an end I would like to bring to the committee some quotations from a great American on the race question.

This man is hailed as "The Great Emancipator"; he is described by many as the greatest of the Presidents; and advocates of various types of legislation, such as this, often point to him as their source of inspiration. But I believe that if he were living today, this man-Abraham Lincoln-would be opposed to this type legislation.

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Listen to him, speaking on the Negro question: Anything that argues me into his idea of perfect social and political equality with the Negro is but a specious and fantastic arrangement of words. I have no pur

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pose to introduce political and social equality between the white and the black races. There is a physical difference between the two, which, in my judgment, will probably forever forbid their living together upon the footing of perfect equality; and inasmuch as it becomes a necessity that there must be a difference, I, as well as Judge Douglas, am in favor of the race to which I belong having the superior position."

To my way of thinking, this clearly indicates the thinking of a man who has been held up repeatedly as the chief support for so many propositions such as this. It clearly gives his views on the subject of equality. He believed in the superiority of that of which he was a part-the white race-just as any man having any pride and self-respect believes in the organization, community, or race of which he is a part.

Again Mr. Lincoln said on another occasion: "While I was at the hotel today an elderly gentleman called upon me to know whether I was really in favor of producing a perfectly equality between the Negroes and white people. While I had not proposed to myself on this occasion to say much on that subject, yet as the question was asked me I thought I would occupy perhaps 5 minutes in saying something in regard to it. I will say that I am not, nor ever have been, in favor of bringing about in any way the social and political equality of the white and black races-that I am not, nor ever have been, in favor of making voters or jurors of Negroes, nor of qualifying them to hold office, nor to intermarry with white people; and I will say, in addition to this, that there is physical difference between the white and black races which I believe will forever forbid the two races living together on terms of social and political equality. And inasmuch as they cannot so live, while they do remain together there must be the position of superior and inferior, and I as much as any other man am in favor of having the superior position assigned to the white race. I say upon this occasion that I do not perceive that because the white man is to have the superior position the Negro should be denied everything. I do not understand that because I do not want a Negro woman for a slave I must necessarily want her for a wife. My understanding is that I can just let her alone. I will add to this that I have never seen, to my knowledge, a man, woman, or child who was in favor of producing a perfect equality, social and political, between Negroes and white men. * I will add one further word, which is this: That I do not understand that there is any place where an alteration of the social and political relations of the Negro and the white man can be made except in the State legislature-not in the Congress of the United States. ** **

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And again he said: "Judge Douglas has said to you that he has not been able to get from me an answer to the question whether I am in favor of Negro citizenship. So far as I know, the judge never asked me the question before. He shall have no occasion to ever ask it again, for I tell him very frankly that I am not in favor of Negro citizenship. Now, my opinion is that the different States have the power to make a Negro a citizen under the Constitution of the United States, if they choose. *

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Twice, in that speech, Mr. Lincoln, who is so often held up as the great exponent of the doctrine of equality, specifically stated that he believed racial matters were matters for the concern of State legislatures. I believe that would be his position today. And this Congress has before it a repeated pattern of rejections of legislation similar to this by the various State legislatures throughout the country-excepting a very few-because the legislators in those States know such legislation is unwise, unworkable, and unconstitutional.

Mr. Lincoln further said: "There is a natural disgust in the minds of nearly all white people at the idea of an indiscriminate amalgamation of the white and black races. * * I have said that the separation of the races is the only perfect preventive of amalgamation. I have no right to say all the members of the Republican Party are in favor of this, nor to say that as a party they are in favor of it. There is nothing in their platform directly on the subject. But I can say a very large proportion of its members are for it, and that the chief plank in their platform-opposition to the spread of slaveryis most favorable to that separation.

"Such separation, if ever effected at all, must be effected by colonization, and no political party, as such, is now doing anything directly for colonization. Party operations at present only favor or retard colonization incidentally. The enterprise is a difficult one; but 'where there is a will there is a way,' and what colonization needs most is a hearty will. Will springs from the two elements of moral sense and self-interest. Let us be brought to believe it is morally right, and at the same time favorable to, or at least not against, our interest to transfer the African to his native clime, and we shall find a way to do it, however great the task may be. The children of Israel, to such numbers as to include 400.000 fighting men, went out of Egyptian bondage in a body.

Thus spoke Abraham Lincoln on race relations.

Senate bill 984 proposes to the Congress a dangerous piece of legislation. It proposes to embark this Nation on a course which can only lead to regimentation and to decay. It will be but the first step in a long series of similar measures which will eventually sweep away all barriers and lead ultimately to the destruction of all races in this country and to the mongrelization of our people. Recorded history has proved over and over again that mongrelization leads to downfall.

This bill, with all its hidden implications, with its dire threats to our way of life, with its direct step toward strict regimentation, should not be forced upon our system of free enterprise and private initiative. For, by its passage, a step will be taken toward our own self-destruction.

STATEMENT OF HON. JOHN E. RANKIN, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF MISSISSIPPI

Senator DONNELL. Now, gentlemen, I have observed that Congressman Rankin is here this morning. As I understand it, he is desirous of saying a word at this point; is that correct?

Mr. RANKIN. Senator, I was invited here by Senator Ellender to discuss this proposition.

Senator DONNELL. Won't you have a seat, Congressman?

Mr. RANKIN. I believe I had rather stand if it is satisfactory; and I desire to discuss this measure from a national standpoint, and not from a local standpoint.

I am going to ask, if I may, that I insert in the record at this point a statement I made in the House, in which I also included a statement I made on the FEPC that was set up by Executive authority here in the House in Washington, because I am going to follow along that

line.

Senator DONNELL. It will be introduced into the record and made a part thereof.

(The statement of the Honorable John E. Rankin referred to is as follows:)

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