Since a number of witnesses have alluded to that rejection in their testimony before the subcommittee, and since some controversy has developed as to just what that provision was, it will be very much appreciated if a copy of the proposal is sent to the committee. Sincerely yours, Mr. PHILIP R. RODGERS, PHILIP R. RODGERS, Committee Clerk. STATE OF CALIFORNIA, GOVERNOR'S OFFICE. Sacramento 14, July 28, 1947. Clerk, Senate Committee on Labor and Public Welfare, Washington, D. C. DEAR MR. RODGERS: Governor Warren has asked me to acknowledge your letter of June 24th relative to antidiscrimination legislation. In accordance with your request, I am happy to enclose copy of the Fair Employment Practice Act which was submitted to the voters of California at the November 1946 general election. The arguments are found on page 11, and the text of the proposition is on pages 10, 11, and 12 of the appendix. Sincerely, BEACH VASEY, Legislative Secretary. PROPOSED AMENDMENTS TO CONSTITUTION-PROPOSITIONS AND PROPOSED LAWS, TOGETHER WITH ARGUMENTS (To be submitted to the electors of the State of California at the general election Tuesday, November 5, 1946) Compiled by Fred B. Wood, legislative counsel. Distributed by Frank M. Jordan, secretary of state. CERTIFICATE OF SECRETARY OF STATE STATE OF CALIFORNIA, Department of State, Sacramento, Calif.: I, Frank M. Jordan, secretary of state of the State of California, do hereby certify that the following measures will be submitted to the electors of the State of California at the general election to be held throughout the State on the fifth day of November 1946. Witness my hand and the great seal of the State, at office in Sacramento, Calif., the 4th day of September, A. D. 1946. [SEAL] (P. 11) ' FRANK M. JORDAN, Fair Employment Practices Act.-Initiative: Declares State policy that all persons have the right of equal opportunity to secure employment. To effect such policy makes it unlawful to refuse to hire, to discharge, or to discriminate in conditions of employment against any person because of race, religion, color, national origin, or ancestry. Establishes a commission to prevent such unlawful practices by conciliation or order and by education. Provides for judicial review of commission's orders. Yes Appropriations sum for commission. Νο (For full text of measure, see p. 10, pt. 11.) ARGUMENT IN FAVOR OF INITIATIVE PROPOSITION NO. 11 A "yes" vote for proposition No. 11 furthers the cause of American democracy, which rests on equality of opportunity. This ideal already is written into our State and Federal Constitutions. Prosperity in postwar America depends on the continuation of the unity and the equality of job opportunity which played so vital a part in winning the war. Unless mass purchasing power is maintained we shall revert to the dark depression days of the early 'thirties. Proposition No. 11 is offered to utilize the skills of all our citizens in the production of badly needed goods, to maintain purchasing power, and to increasebusiness activity. It extends as a civil right the privilege of employment without discrimination because of race, religion, ancestry, or national origin. Every worker in the factories and the fields, in the offices and the shops, agrees that he wants a good job more than anything else. Proposition No. 11 does not guarantee jobs. It does, however, assure employment opportunity based on ability, training, and experience. The employer may hire anyone he chooses but he cannot discriminate solely on a basis of race, religion, or national ancestry. No loss of jobs is implicit in this proposal. Employment relations already existing are not jeopardized. Employment situations in which fewer than five persons are involved are exempted by the proposition, as are religious, charitable, and educational institutions, domestic service, and family employment. This is no new law. It is already operating successfully in many States, including New York, New Jersey, Indiana, Wisconsin, and Massachusetts. In these States opponents of the bill declared that the proposal would create strife, encourage in-migration, and result in endless litigation. Each of these arguments has been emphatically disproved. In no instance has it led to burdensome court action. Far from it, the measure has eliminated social tensions. It has increased the number of jobs for workers; it has energized trade and com merce. A main provision of the proposal is its insistence on educational and conciliatory methods to solve the problem of job discrimination. Legislation is offered as a supplement to education rather than as a substitute for it. Both are needed, for education is ineffectual unless legislation can compel a few recalcitrants to conform to democratic practices. More than 275,000 citizens of the State of California signed a petition to submit this issue to a direct vote of the people. The attitude of those who support a Fair Employment Practices Act is best indicated in the words of the following religious leaders (Most. Rev. John J. Cantwell, Rt. Rev. W. Vertrand Stevens, Rabbi Edgar F. Magnin, and Dr. E. C. Farnham): "We must put upon our statute books the legal guarantee that this war shall not have been fought in vain and that the American concept of human equality, to which men look for guidance in the principles and practices of liberty shall become at last more than a hope and a desired end * Augustus F. Hawkins, Assemblyman, Sixty-second District; Leon H. ARGUMENT AGAINST INITIATIVE PROPOSITION NO. 11 This act would create a State fair employment practices commission for the alleged purpose of preventing discriminations in employment because of race, religion, color, national origin, or ancestry. Persons accused of violating the act would not be entitled to trial by jury at any time although criminal penalties can be imposed. The commission would not be bound by the usual rules of evidence or procedure. All think people should vote "No" on this measure: 1. Religious, national, or racial intolerance is a matter of individual conscience that cannot be changed by legislative coercion. Any attempt to force employees to work with other employees whom they dislike will generate friction and intolerance rather than overcome it. 2. The act would lead to serious trouble in California agriculture. California farmers are noted for willingness to employ workers from all minority groups. Certain minority racial groups are the most efficient agricultural labor, but individual farmers have usually found it necessary to confine the hiring to one group in order to avoid ill feeling and even violence between minorities. If compelled by law to put minorities with conflicting customs, creeds, and prejudices into the close proximity required for agricultural labor, inevitably friction, and in many cases, violence will result. 3. This act would play into the hands of potential alien enemies. It would make illegal, prior to employment, business inquiry into national origin or ancestry. 4. In the three States which have established commissions of this type, there is no evidence that they have accomplished their purpose. 5. The constitutional Bill of Rights guarantees religious liberty but it does not impose upon a member of any religious faith the obligation to employ members of other religious faiths. No provision of the Constitution authorizes legislation of this type. 6. This act would deprive those accused under it of the right of trial by jury. 7. This act would deprive the accused, whether employees, labor unions, or employers, of the customary rules of evidence and legal procedure. In effect, it authorizes an inquisition into the affairs of individuals, labor unions, and employers and deprives them of those safeguards of evidence and procedure which have developed through hundreds of years of experience and have been found necessary to protect the people against arbitrary and oppressive action. 8. The courts of the State would have no power to stay any order of the Commission, even pending review. 9. This proposal would defeat its alleged purpose. Prejudices can be eliminated only by evolution and education, not by compulsory legislation. History through countless ages teaches that any attempt to force social regulations by law only results in accentuating cleavages, sowing discontent, and increasing frictions, leading to hostilities and violence between races and groups. 10. The communistic plan of promoting discord in democratic countries would be furthered by this act. For these and other reasons which will occur to you, vote "no" on proposition 11. George M. Breslin, Attorney at Law, Los Angeles, Calif.; W. J. Cecil, (Pp. 10, 11, and 12, appendix) Fair Employment Practices Act-Initiative: Declares State policy that all persons have the right of equal opportunity to secure employment. To effect such policy makes it unlawful to refuse to hire, to discharge, or to discriminate in conditions of employment against any person because of race, religion, color, national origin, or ancestry. Establishes a commission to prevent such unlawful practices by conciliation or order and by education. Provides for judicial review of commission's orders. Appropriates sum for Commission. Yes.---No______. PROPOSED LAW The people of the State of California do enact as follows: SECTION 1. This act may be referred to as the "California Fair Employment Practice Act." SEC. 2. All men are by nature free and independent, and have certain inalienable rights, among which are those of enjoying and defending life, and liberty: acquiring, possessing, and protecting property; and pursuing and obtaining safety and happiness. The opportunity to obtain and hold employment without discrimiation because of race, religion, color, national origin, or ancestry is hereby recognized and declared to be such a civil and constitutional right. SEC. 3. The people of the State of California declare that existing practices of discrimination involving race, religion, color, national origin, or ancestry are a matter of State concern because they (1) Foment strife and unrest; (2) Threaten the rights and privileges of all of us; (3) Affect substantially and adversely the interests of employees, and employers, thus depriving the State of the fullest utilization of its capacities for development and advance; 1 (4) Menace the institutions, foundations, and traditions of our free democratic state and society; This act shall be deemed an exercise of the police power of the State for the protection of the public welfare, prosperity, health, and peace of the people of the State of California. The people declare that the protection and safeguarding of the right and opportunity to obtain and hold employment without such discrimination or abridgement shall be public policy of this State. SEC. 4. There is hereby created a State Fair Employment Practice Commission. Such commission shall consist of five members to be known as commissioners, who shall be appointed by the Governor. The commissioners shall elect one of their number chairman of the commission. The term of office of each member of the commission shall be for four years, provided, however, that of the commissioners first appointed two shall be appointed for a term of one year, one for a term of two years, one for a term of three years, and one for a term of four years. Any member chosen to fill a vacancy occurring otherwise than by expiration of term shall be appointed for the unexpired term of the member whom he is to succeed. Three members of the commission shall constitute a quorum for the purpose of conducting the business thereof. SEC. 5. The members of the commission shall not practice their respective professions or callings, but shall devote their entire time to the duties of their respective offices. Each member of the commission shall receive a salary of seven thousand five hundred dollars ($7,500) a year and shall also be entitled to his expenses actually and necessarily incurred by him in the performance of his duties. Any member of the commission may be removed by the Governor for inefficiency, neglect of duty, or misconduct or malfeasance in office, after being given a written statement of the charges and an opportunity to be heard thereon. SEC. 6. The commission shall have the following functions, powers, and duties: 1. To establish and maintain a principal office and such other offices within the State as it may deem necessary. 2. To meet and function at any place within the State. 3. To appoint such attorneys, clerks, and other employees as it may deem necessary and prescribe their duties. 4. To obtain upon request and utilize the services of all governmental departments and agencies. 5. To adopt, promulgate, amend, and rescind appropriate rules and regulations to carry out the provisions of this act. 6. To receive, investigate, act in, and render decisions on alleged instances of discrimination in employment because of race, religion, color, national origin, or ancestry. 7. To hold hearings, subpena witnesses, compel their attendance, administer oaths, examine any person under oath, and in connection therewith, to require the production of any books or papers relating to any matter under investigation or in question before the commission. No person shall be excused from attending and testifying or from producing records, correspondence, documents, or other evidence in obedience to the subpena of the commission, on the ground that the tesimony or evidence required of him may tend to incriminate him or subject him to a penalty or forfeiture, but no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence, except that such person so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying. The immunity herein provided shall extend only to natural persons so compelled to testify. 8. To create such advisory agencies and conciliation councils, local or otherwise, as in its judgment will aid in effectuating the purposes of this act, and may empower them to study the problem of discrimination in all or specific fields of human relationships or in specific instances of discrimination because of race, religion, color, national origin, or ancestry, and to foster through community effort or otherwise good will, cooperation, and conciliation among the groups and elements of the population of the State, and to make recommendations to the commission for the development of policies and procedures in general and in specific instances. Such advisory agencies and conciliation councils shall be composed of representative citizens, serving without pay, but the commission may make provisions for technical and clerical assistance to them. 9. To issue such publications and such results of investigations and researc as in its judgment will tend to promote good will and minimize or eliminate d crimination because of race, religion, color, national origin, or ancestry. 10. To render annually to the Governor and biennially to the Legislature a written report of its activities and its recommendations. SEC. 7. It shall be an unlawful employment practice: 1. For an employer acting for himself, or acting through any other person, or acting through any employee who at the time is acting within the course an. scope of his employment, to refuse to hire or employ, or to bar, or to discharge from employment any person because of the race, religion, color, national origin, or ancestry of such person, or for an employment agency to refuse or fail to refer any person for employment, because of the race, religion, color, national origin, or ancestry of such person, or for any of them to discriminate against such person in compensation or in terms, conditions, or privileges of employment. This section shall be interpreted so as to guarantee and protect all the rights of veterans of the United States military services under all Federal and State legislation protecting the rights of such veterans to employment. 2. For a labor organization to exclude, expel or restrict from its membership, or fail or refuse to refer to employment any person because of the race, religiou, color, national origin, or ancestry of such person, or to discriminate in any way against any of its members, or against any employer, or against any person employed by an employer, because of the race, religion, color, national origin, or ancestry of such member, employer, or employee, or to provide only auxiliary, second-class, or segregated membership for any person because of the race. religion, color, national origin, or ancestry of such person. 3. For any persons included within the scope of this act to make any inquiry in writing or orally in connection with an application for employment or in connection with prospective employment, or in connection with membership in any labor union, as to the race, religion, color, national origin, or ancestry of the applicant, employee, or employer, or to make any inquiry which expresses directly or indirectly any limitation, specification, or discrimination as to race, religion, color, national origin, or ancestry, or any intent to make any such limitations, specification, or discrimination. Questions concerning race, religion, color, national origin, or ancestry, based upon a bona fide occupational qualification, may be asked upon specific written approval in advance by the commission. 4. For any persons included within the scope of this act to discharge, expel, or to discriminate in any manner against any person because he has opposed any practice forbidden under this act, or because he has filed a complaint, testified, or assisted in any proceeding under this act. 5. For any person to aid, abet, incite, compel, or coerce the doing of any of the acts forbidden under this act, or to attempt to do so. SEC. 8. Every contract to which the State or any of its political or civil subdivisions is a party shall contain a provision requiring the contracting parties and their agents or assignees not to commit or permit any unfair employment practice, as defined in Section 7. SEC. 9. The commission is empowered to prevent unfair employment practices. It may act upon a written complaint or as a result of its own investigation wherever it shall appear to it that an unfair employment practice has been committed. After the filing of any complaint, the chairman of the commission shall designate one of the commissioners to make, with the assistance of the commission staff, prompt investigation in connection therewith. If the commissioner shall determine after such investigation that an unfair employment practice has been committed, he shall immediately endeavor to eliminate such unlawful employment practice by conciliation and persuasion. Where, as a result of the commission's own investigation, it shall appear to it that an unfair employment practice has been committed, the chairman of the commission shall immediately appoint a commissioner to endeavor to eliminate such unlawful employment practice by conciliation and persuasion. In case of the commissioner's failure to eliminate such practice, or in advance thereof, if in the judgment of the commission or commissioner circumstances so warrant, the commission after reasonable notice shall hold a hearing at a time and place specified in such notice. The commission shall have full authority to hear the evidence and render a decision thereon, except that the commissioner who shall have previously made the investigation or attempted conciliation and persuasion shall not participate in any deliberations of the commission in such |