Here are some things that you can't do in the State of New York; they are forbidden in the State of New York; they are forbidden by the regulations adopted by this commission.

You can't make "inquiry into the original name of an applicant for employment whose name has been changed by court proceedings, or otherwise."

Does any man think that is to help the Negroes? You never saw a Negro in your life who would mind telling what his name was, what it always had been and what his grandfather's name was.

Here is another unlawful practice in New York: "Inquiry into the birthplace of the applicant for employment, the birthplace of his parents, spouse, or other close relative."

What is that for? You never heard a Negro object to answering that question.

Senator DONNELL. You mean a provision in the New York State regulations against inquiry into your affairs?

Mr. RANKIN. Yes, sir; I sent for these regulations, at the suggestion of Members of Congress from the State of New York who are disturbed over this situation.

Here is another thing they are forbidden to do. They are forbidden to "require that the applicant for employment produce a birth certificate or baptismal certificate."

We have just convicted a man in this country, the most dangerous Communist I think I ever looked in the face of, a man by the name of Eisler. Under these regulations, you couldn't have inquired into Eisler's background.

Today we have Communist infiltration all over this country, and the thing that shocked me is, they undertake to use the Negro as a smoke screen.

Senator DONNELL. Congressman, I am not quite clear on what you mean here. Do you mean that the regulations forbid an employer, prospective employer, from making inquiry on these various things? Mr. RANKIN. Absolutely. I am reading from the regulations. Senator DONNELL. And they are not matters that the commission is precluded from examining into but they prohibit an employer from requiring an applicant to give those various bits of information? Mr. RANKIN. That is right. And as they go on they get worse. It is an unlawful practice in New York under the law to make inquiry— now listen; I am quoting

inquiry into the religious denomination of an applicant for employment, his religious affiliations, his church, parish pastor, or religious holidays observed.

Now, I never in my life heard of a man being asked whether he was a Baptist or a Methodist or a Catholic or a Presbyterian or what church he belonged to when he tried to get work. I have asked Members of the House, of all denominations. They say they never heard of such things. But here is the key, the next sentence:

Inquiry into whether an applicant for employment is an atheist.

It goes just a step further. You can't even make that inquiry, even though you are publishing religious literature.

An applicant for employment may not be told that this is a Catholic, Protestant, or Jewish organization.

Can you think of putting businessmen into a more complete straitjacket than these regulations do?

An applicant for employment may not be told that the following holidays will be observed by the firm and no others, naming the holidays—

and I am quoting from the regulation—

e. g., Decoration Day and July the Fourth, et cetera. Why is all that written into the regulations?

Again, there is another unlawful practice: "Requirement that an applicant for employment annex a photograph." When I read that in my speech, a distinguished gentleman from Illinois interrupted me, and I said to him: "Much as I respect the distinguished gentleman from Illinois, I certainly would not want to employ him unless I knew how he looked. If I had never seen him, I would certainly want to see his picture."

You can't make that requirement. You can't require, under those regulations, that a picture be submitted. They can plant Communists in every business establishment in New York under these regulations; and 60 percent of the members of the Communist Party are immigrants. That was testified to before the Committee on Un-American Activities less than 2 months ago by a former Ambassador to Russia, Mr. Bullitt.

Let's go a little further. Here is another thing you can't do:

Inquiry whether an applicant for employment is a naturalized or native-born citizen; the date when the applicant acquired citizenship; whether the applicant's parents or spouse are naturalized or native-born citizens of the United States; the date when such parents or spouse acquired citizenship—

is forbidden. You can't even inquire into any of those things under those regulations.

I will tell you why there isn't any more fuss coming out of New York. The businessmen of New York are frightened to death of this thing. I get the information from them directly.

Requirement that an applicant for employment produce his naturalization papers or first papers," is forbidden. A man comes to you for a job, and you can't ask him whether he is a native-born citizen or where he came from; you can't even ask him for his naturalization papers or his first papers.

Isn't that a storm cellar for subversive elements?

Can you think of a greater storm cellar for the enemies of our country who are flooding into this country and have for the last few years?

The requirement that you cannot inquire into the lineage of an applicant for employment, his ancestry or national origin, for instance, in other words, you couldn't ask Eisler any questions. You couldn't ask for his picture even.

Inquiring into the location or place of business of relatives of an applicant for employment is forbidden. Why should that be forbidden? This thing in Washington drove businessmen out of business by the thousands, and I had hoped it would never rise again.

Inquiring into the general military experience of an applicant for employment is forbidden. Don't you know those untold thousands of businessmen from New York who participated in this war and the last war love a regulation like that?

But let's go a step further, and I am reading from the regulations adopted by that board or commission in New York: "Inquiry into the whereabouts of an applicant for employment during the First World War"-for example, during the period 1914 to 1919 is forbidden." That means that here is a big strapping fellow who comes in and wants a job. You can't ask where he came from or what his | name was if he has had his name changed.

I see a man calling himself I. F. Stone lambasting Congress every day. His real name is Isidore Feinstein. Cordell Hull made him announce his name when he undertook to heckle Cordell Hull at a press conference.

Senator DONNELL. That is, a prospective employer could not ask that?

Mr. RANKIN. That is right. You could not ask him where he was during the First World War. You could not ask him if he was in a foreign country or in the service.

Here is another unlawful practice, and I am still reading from the regulations:

Inquiry into the organization of which an applicant for employment is a member, including organizations the name or character of which indicates a religion, race, or national origin of its members.

You couldn't ask me if I was a member of the Masonic Lodge if I should come and seek employment. Neither could you ask a man if he was a member of the Communist Party.

I am giving you that to show you just exactly the trend of this legislation, and it is all authorized in this bill.

Senator IVES. May I interrupt you there?

Mr. RANKIN. Certainly.

Senator IVES. I want to read a part of section 13 (a) of the bill before us, S. 984, which takes care of situations such as you cite:

If at any time after the issuance of any such regulation or any amendment or rescission thereof, there is passed a concurrent resolution of the two Houses of the Congress stating in substance that the Congress disapprove such regulation, amendment, or rescission, such disapproved regulation, amendment, or rescission shall not be effective after the date of the passage of such concurrent resolution, nor shall any regulation or amendment having the same effect as that concerning which the concurrent resolution was passed be issued thereafter by the Commission.

Mr. RANKIN. Yes; it would be a lovely proposition to have to go to Congress to get a concurrent resolution after the businessmen had jumped out the window or had gone out of business because of being harassed by this thing, just as they did when they had the FEPC here in Washington.

The American people don't want to be harassed by this kind of stuff; and if you will take this home with you-and if you don't take it home, we will-because I can tell you the American people don't believe in this communistic legislation, and it is as far-reaching in its Communist totalitarian ramifications as an edict from Stalin himself.

Senator DONNELL. Have you had occasion to look into the question as to why there has been no cease-and-desist orders in New York? Mr. RANKIN. I certainly have. I thank you very much, Senator. Senator DONNELL. Will you tell us what your observations have

been on that?

Mr. RANKIN. I certainly thank you, Senator. I was about to overlook that. The businessmen in New York tell me that they have had to resort to employment agencies to get around this thing, and in those employment agencies they have a string of questions about this long [indicating] that get around these regulations, and they tell me that there is hardly a Negro in New York can get by them.

That long list of questions that they use now virtually excludes the Negro from employment in the business enterprises of New York. The business people of New York are trying to save themselves.

Could you think of a businessman going into a State with that kind of law and those regulations and establishing a new business? I couldn't.

Senator DONNELL. I was particularly interested in trying to find out-and I have no knowledge at all on this-whether or not there has been any indication that the New York commission has been delaying in the institution of proceedings on the theory they are entitled to use an indefinite period of conciliation, persuasion, and conference. Is there any indication that they have just delayed rather than bring the matter to an issue? Have you observed anything along that line?

Mr. RANKIN. I will answer that by quoting a Member of Congress from New York. He said, "We just get by with it by failing to enforce it."

I quoted his words in this speech-"by failing to enforce it," I believe were his words.

Senator DONNELL. Do you quote that particular observation?
Mr. RANKIN. I quote that observation here.

Senator DONNELL. Who is the Congressman who said it?

Mr. RANKIN. I didn't give his name because he didn't authorize me to give it. I am sure if you will inquire of them, they will tell you the same thing.

Senator DONNELL. Do you find that in your speech, Congressman? Senator ELLENDER. While Congressman Rankin is looking for that quotation, Mr. Chairman, may I interrupt? He has submitted to us certain rules and regulations that have emanated from this commission in New York. I am wondering if it would not be a good idea-not that I question the Congressman for having given us these rules and regulations-but wouldn't it be a good idea for the committee to have the clerk write to the commission in New York, the commission in New Jersey, and, in fact, in any State in which such a law is in operation, and obtain a copy for the record of these rules and regulations?

Senator DONNELL. I think that would meet the approval of the committee. Let the clerk be governed accordingly by that suggestion, please, and make that inquiry.

(Subsequently rules and regulations were received from the State commissions as follows:)

STATE OF NEW YORK, EXECUTIVE DEPARTMENT-STATE COMMISSION AGAINST

DISCRIMINATION

RULES GOVERNING PRACTICE AND PROCEDURE BEFORE THE STATE COMMISSION AGAINST

DISCRIMINATION

By virtue of the authority vested in it by section 130, subdivision 5, and section 132 of article 12 of the Executive Law, the State Commission Against Discrimination hereby establishes, adopts, and promulgates the annexed rules

65936-47-45

governing practice and procedure before the State Commission Against Discrimination.

These rules shall become effective on the date that they are filed in the office of the Department of State of the State of New York in accordance with Article IV, Section 8 of the Constitution of the State of New York. They shall supersede the "Rules and Regulations Governing Practice and Procedure before the State Commission Against Discrimination" heretofore adopted and filed in the office of the Department of State on the 14th day of August 1945. Signed at New York, N. Y., this 18th day of October 1946.

STATE COMMISSION AGAINST DISCRIMINATION,
HENRY C. TURNER, Chairman,

EDWARD W. EDWARDS, Commissioner,

CAROLINE K. SIMON, Commissioner,

ELMER A. CARTER, Commissioner,

JULIAN J. REISS, Commissioner.

Filed in the office of the Department of State of the State of New York this 6th day of November 1946.

STATE COMMISSION AGAINST DISCRIMINATION RULES GOVERNING PRACTICE AND PROCEDURE

RULES, promulgated by the State Commission Against Discriminationtion pursuant to Section 130, subdivision 5, and section 132 of Article 12 of the Executive Law.

1. Definitions.-a. The term "person" includes one or more individuals, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers.

b. The term “employment agency" includes any person undertaking to procure employees or opportunities to work.

c. The term "labor organization" includes any organization which exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection in connection with employment.

d. The term "unlawful employment practice" includes only those unlawful employment practices specified in section 131 of the Law Against Discrimination. e. The term "employer" does not include a club exclusively social, or a fraternal, charitable, educational or religious association or corporation, if such club. association, or corporation is not organized for private profit, nor does it include any employer with fewer than six persons in his employ.

f. The term "employee" does not include any individual employed by his parents, spouse, or child, or in the domestic service of any person.

g. The term “national origin" shall, for the purposes of these rules, include "ancestry.".

h. The term "Commission," unless a different meaning clearly appears from the context, shall mean the State Commission Against Discrimination.

i. The term "Commissioner' shall mean one of the members of the State Commission Against Discrimination.

j. The term "Chairman" shall mean the duly appointed Chairman of the State Commission Against Discrimination, or in the event of his absence, the Acting Chairman designated by the remaining members of the Commission.

k. The terms "hearing Commissioners" shall mean the Commissioners designated by the Chairman to conduct a hearing.

1. The term "Commission's Attorney" shall mean the General Counsel to the State Commission Against Discrimination or anyone designated by him or by the Commission to act as its attorney.

m. The term “party” or “parties" shall mean the complainant and/or the respondent.

n. The term "Law" shall mean the New York State Law Against Discrimination.

o. The term "mail,' unless otherwise specified, shall mean registered mail, return receipt requested.

2. Complaint.-a. Who may file:

(1) Any person claiming to be aggrieved by an alleged unlawful employment practice may, by himself or his attorney-at-law, make, sign, and file with the Commission a verified complaint in writing. Assistance in drafting and filing complaints shall be available to complaints at all Commission offices.